04-13-93 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - Af&~~. 1993 - 6:00 P,M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
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~, RULES ~OR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, commeqts by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any iss'Lle. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not alrea~ done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
4/13/93
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prep~re such record.
AGENDA
1. /Roll Call.
2. ./Invocation.
3. ~ledge of Allegiance to the Flag.
4. JAgenda approval.
Action: Motion to approve.
L Approval of Minutes:
Regular Meeting of March 231 1993
Organizational Meeting of March 251 1993
Special Meeting of March 301 1993
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Proclamations:
A. Earth Day - April 221 1993
B. National Crime Victims' Rights Week - April 25 through May 11
1993
C. Postpolio Syndrome Awareness Week - June 1 through 71 1993
D. Community Memorial Fund
7. Presentations:
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A. Resolution No. 34-93: Commending Jeffrey S. Kurtz for his
service as the City Attorney for the City of Delray Beach.
8. Consent Agenda: City Manager recommends approval.
JA. ACCEPTANCE OF AN EASEMENT AGREEMENT: Accept an easement deed
for the south five feet of Lot 231 Block 691 Town of Delray,
from Lena D. O'Neal in conjunction with Phase II Alley
Reconstruction project.
/B. MUTUAL AID AGREEMENT/PALM BEACH COUNTY SCHOOL BOARD POLICE:
Approve a mutual aid agreement with the Palm Beach County School
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City Commission
Regular Meeting
4/13/93
Board Police which provides for assistance during law enforcement
emergencies which cross jurisdictional lines.
/C. REVISED AGREEMENT WITH PALM BEACH COUNTY/LAKE IDA PARK:
Approve a revised agreement with Palm Beach County for the use of
a 2.63 acre parcel located at 1100 Lake Drive (Lake Ida Park)
which modifies the provisions of the Mechanics' Lien.
/D. SOAP BOX DERBY RALLY: Approve a request from the Delray
Beach Soap Box Derby Committee to close Linton Boulevard between
U.S. 1 and A-1-A on May. 22, 1993 from approximately 8:00 a.m.
until the conclusion of the Soap Box Derby Rally races and on
June 20, 1993 (practice) and June 26, 1993 (June 27, 1993 rain
date) for the Soap Box Derby; and, a request to sell hot dogs and
refreshments.
/E. EMERGENCY REPAIR: Approve the award of contract to Molloy
Brothers, Inc. in the amount of $12,750 for the emergency repair
of the bridge by Hole No. 3 at the Municipal Golf Course; with
funding from Municipal Golf Course - Other Improvements (Account
No. 445-4761-572-63.90).
jF. CHANGE ORDER NO. 2 AND REOUEST FOR FHiAL PAYMENT/ALL-RITE
PAVING CONTRACTORS. INC. : Approve a deduct change order in the
amount of $1,945.89 to the contract with All-Rite Paving
Contractors, Inc. and approve a request for final payment in the
amount of $892.42 for completion of the Cason Cottage Parking Lot
Expansion project; with funding from 1987 Utility Tax - Interest
Earnings (Account No. 333-0000-361-10.00).
JG. RESOLUTION NO. 31-93: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure at 347
S.E. 3rd Avenue.
JH. RESOLUTION NO. 32-93: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure at 34
N.W. 3rd Avenue.
J I. RESOLUTION NO. 33-93: A resolution assessing the costs for
abatement action necessary to demolish an unsafe structure at 35
N.W. 13th Avenue.
J. AWARD OF BrDS AND CONTRACTS:
1. Advanced Life Support Vehicle - Fire Department - Southern
Ambulance Builders, Inc. in the amount of $83,122 with funding
from Garage Automotive (Account No. 501-3311-591-64.20/$73,122)
and Special Project Fund Reserved for Fire Rescue (Account No.
115-0000-248-64.00/$10,000) .
2 . Concrete Meter Boxes - Public Utilities - Hughes Supply Inc.
(term contract) in the estimated annual amount of $12,954 via
Palm Beach County Bid with funding from Water Distribution
General Operating (Account No. 441-5123-536-52.20).
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Regular Meeting
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3. Rental Rehab Program - 144-146 S.W. 2nd Avenue - MJD
Construction Services in the amount of $11,940 with funding from
Community Development Block Grant - Rental Rehab (Account No.
118-1975-554-49.19).
4 . Housing Rehab Program - 705 N.W. 1st Street - Gary Purr in
the amount of $14,005 with funding from Community Development
Block Grant - Housing Rehab (Account No. 118-1963-554-49.19) .
5. Photographic Supplies - Various City Departments - Photoline
Supplies, Inc. in the e~timated annual cost of $17,513.90 with
funding from All Funds- Photo/Microfilm Service (Account No.
XXX-XXXX-XXX-34.70).
6. Replacement Vehicles - via State Contract - various vendors
in the amount of $110,825 with funding fro'm Garage Automotive
(Account No. 501-3312-591-64.20).
9. Regular Agenda:
IA. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period March 22,
1993 through April 9, 1993.
JB. REOUEST FOR RELEASE OF LIENS/216 S.W. 13TH AVENUE: Consider
releasing additional nuisance abatement liens in the amount of
$361.85 for property located at 216 S.W. 13th Avenue. City
Attorney and City Manager recommend approval.
Jc. RESOLUTION NO. 37-93: A resolution authorizing the Community
Redevelopment Agency to issue redevelopment revenue bonds in the
principal amount not to exceed $5,100,000. City Manager
recommends approval.
jD. REOUEST FROM COMMUNITY REDEVELOPMENT AGENCY: Consider a
request from the CRA for the City to pay the fee for connection
to the City's water service in conjunction with the Banker's Row
parking lot project. City Manager recommends denial.
jE. RESOLUTION NO. 39-93: Approve a resolution amending
Resolution No. 121-92 to include a representative from the Old
School Square Historic Arts District in the general membership of
the Parking Management Team.
)1. APPOINTMENTS TO THE PARKING MANAGEMENT TEAM: Appoint
members to the Parking Management Team as recommended by the
CRA Board of Commissioners.
JF. AGREEMENT WITH HIGHLAND BEACH: Consider an inter local
service agreement between the City of Delray Beach and the Town
of Highland Beach providing for comprehensive fire and emergency
medical services by the City of Delray Beach within the municipal
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Regular Meeting
4/13/93
boundaries of the Town of Highland Beach. City Manager
recommends approval.
/' G. APPROVAL OF FUNDING/ALL AMERICA CITY PROGRAM: Consider
allocated $9,000 to cover the expenses associated with the All
America City Program; with funding from Contingency - Other
Promotional Activities (Account No. 991-2711-524-48.90), pending
budget transfer.
jH. GOLF COURSE CLUBHOUSE PROPOSAL: Consider updated reports with
regard to the proposed n~w Golf Course Clubhouse.
/1. SERVICE AUTHORIZATION NO. ll/HAZEN AND SAWYER: Consider a
service authorization in the amount of $33,338 to the contract
with Hazen and Sawyer for consulting services to design Lift
Station 57B located at the Municipal Golf Course and the sanitary
sewer at the northeast corner of Highland and Homewood
Boulevards; with funding from 1991 Water and Sewer Revenue Bond -
Enclave Water/Sanitary Sewer Phase II - Engineering/Architect
(Account No. 447-5175-536-31.30); pending budget transfer from
Enclave Water/Sanitary Sewer Phase II - Buildings (Account No.
447-5175-536-60.31). City Manager recommends approval.
jJ. SERVICE AUTHORIZATION NO. 9/0'BRIEN. SUITER AND O'BRIEN:
Consider a service authorization in the amount of $9,000 to the
contract with O'Brien, Suiter and O'Brien, Inc. for surveying
service in conjunction with the Brandon Drive water and sewer
extension project; with funding from Water and Sewer Fund Project
Reserves (Account No. 441-5181-536-99.01) . Account No.
441-5181-536-69.12 will be established for Brandon Drive project.
City Manager recommends approval.
~K. CHANGE ORDER NO. 3/J.W.R. CONSTRUCTION SERVICES: Consider a
change order in the amount of $12,938.06 to the contract with
J . W. R. Construction Services for miscellaneous changes to the
Fire Station No. 5 project; with funding from 1992 Bond
Anticipation Note - Fire Station No. 5 (Account No.
227-2311-522-61.57). City Manager recommends approval.
vlL. CHANGE ORDER NO. 3/DEES CONTRACTING. INC.: Consider a change
order to the contract with Dees Contracting, Inc. which extends
the contract ~ompletion date to April 12, 1993 for the Elevated
Storage Tank Rehabilitation Project. City Manager recommends
approval.
viM. SETTLEMENT OFFER/HOLLIS V. CITY OF DELRAY BEACH: Consider a
settlement offer in the amount of $27,500 which includes all
costs and attorney/s fees in the Hollis v. City of Delray Beach
matter. City Attorney recommends acceptance.
IN. APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE
BOARD: Appoint a member to the alternate position on the Civil
Service Board to a term ending July 1, 1994.
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City Commission
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/0. APPOINTMENT OF CITY ATTORNEY: Consider appointment of City
Attorney and terms of employment.
A. RETENTION OF OUTSIDE COUNSEL: Consider retaining
Jeffrey Kurtz as outside counsel for certain outstanding
cases.
Ip. REVIEW AND DISCUSSION REGARDING GOAL SETTING SESSIONS: Review
Steps 1 and 2 of the goal setting process and provide staff with
direction in preparing an interim Goal Setting document.
Public Hearings: .
10.
A. ORDINANCE NO. 25-93: An ordinance rezoning a portion of
the Congress Park South property from PCC (Planned Commerce
Center) zone district to LI (Light Industrial) zone district.
Planning and Zoning Board recommends approval.
/B. ORDINANCE NO. 32-93: An ordinance amending the Land
Development Regulations by modifying Section 4.4.26(C) (4),
"Accessory Use and Structures Permitted" to clarify the type of
retailing and the amount of floor area which may be devoted to
retail use; and, amending Subsection 4.3.4 (K) , "Development
Standards Matrix" to provide for a reduction in lot frontage
from 100 feet to zero in the LI (Light Industrial) zone district.
Planning and Zoning Board recommends approval.
jc. PROPOSAL FOR THE SALE OF REAL PROPERTY: Conduct a public
hearing with regard to selling the north 5.5 feet of the Cason
Cottage Lot.
/0. RESOLUTION NO. 38-93/ACOUISITION OF REAL PROPERTY: A
resolution authorizing the purchase of certain real property
located at 418 S.W. 3rd Avenue and accepting the contract stating
the terms and conditions for the sale and purchase between the
sellers and the City.
jE. WAIVER OF CITY ORDINANCES: Consider waiving certain
provisions of the Code of Ordinances and Land Development
Regulations in conjunction with the Delray Affair.
ylF. ORDINANC~ NO. 30-93: An ordinance amending the Land
Development Regulations by modifying Section 4.6.16 (f)(3),
"Irrigation Design Standards" to require the installation of rust
inhibiting systems with new irrigations systems (excluding
single family residents) and the use of rain sensing devices on
all new irrigation systems and modification to existing systems.
Planning and Zoning Board recommends approval.
J;. ORDINANCE NO. 26-93: An ordinance amending the Land
Development Regulations by modifying Section 2.4.3 (D) ,
"Preliminary Engineering Plans II , to include surface water
(drainage) calculations as a submission requirement of the site
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City Commission
Regular Meeting
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plan review process. Planning and Zoning Board recommends
approval.
H. ORDINANCE NO. 27-93: An ordinance amending the Land
Development Regulations by modifying Sections 2.4.5 ( I ) (a) and
(b), "Architectural (Appearance) Elevations II , to require Site
Plan Review and Appearance Board or Historic Preservation Board
approval of color changes to structures or elevations. Planning
and Zoning Board recommends approval.
~I. ORDINANCE NO. 31-~3: An ordinance amending the Land
Development Regulations by modifying Section 6.1.10 (B)(2)(d) to
bring the City's fire flow standards into conformance with those
currently accepted by the Insurance Service Office. Planning and
Zoning Board recommends approval.
~J. ORDINANCE NO. 29-93: An ordinance amending the Land
Development Regulations by modifying Sections 4.4.10 IIAutomotive
Commercial (AC) District, Subsections (G) and (H) to provide for
the transfer of authority for certain specific waivers from the
Planning and Zoning Board to the Site Plan Review and Appearance
Board. Planning and Zoning Board recommends approval.
11 .j Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
I A. ORDINANCE NO. 33-93: An ordinance amending the Code of
Ordinances to provide that service authorizations under a
continuing contract which refer to a separate and distinct
project under $10,000 may be entered into by the City Manager
without City Commission review, acceptance, approval or separate
award. If passed public hearing April 27th.
B. ORDINANCE NO. 34-93: An ordinance amending the Code of
Ordinances to ~rovide clarification that the City Manager or his
designee may execute certain contracts regarding the acquisition
of personal property, supplies, contractual services, change
orders, service authorizations and modifications thereof in
instances where by ordinance a public hearing or review, award,
selection or approval by the City Commission is not required. If
passed public hearing April 27th.
C. ORDINANCE NO. 35-93: An ordinance amending the Land
Development Regulations to delete the reference to Stormwater
Management and amending the Code of Ordinances to provide for the
payment and collection of Stormwater Management Assessments under
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City Commission
Regular Meeting
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the interim and uniform method of collection. If passed public
hearing April 27th.
~D. ORDINANCE NO. 36-93: An ordinance rezoning and placing land
presently zoned CBD (Central Business District) in CF (Community
Facilities) district; said land being located at the southwest
corner of N.E. 4th Avenue and N.E. 3rd Street, in conjunction
with the In-Line Booster Station project. If passed public
hearing April 27th.
13. Comments and Inquiries oq Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY DF DELRAY BEA[H
~;JO '\J.':i ' : "':"'i::'j;E D=:_~,'""",V 8-:..:'l.CH c. _::::~ C)~ j3...J.,j.,J.
PROCLAMA TIO.1\
WHEREAS, some twency years ago, more than twenty million
Americans joined together on Earth Day in a demonstration of concern for
the environment creating an informed public whose collective action
resulted in the passage of sweeping new laws to protect our air, water
and land; and,
WHEREAS, in the years since the first Earth Day, despite
environmental improvements, the environmental health of the planet is
increasingly endangered, threatened by Global Climate Change, Ozone
Depletion, Tropical Deforestation, Ocean Pollution, Toxic Wastes,
and Nuclear Waste requiring action by all sectors of society; and,
WHEREAS, Earth Day 1993 is a national and international call
to action for all citizens to join in a global effort to save the
planet; and,
WHEREAS, Earth Day 1993 activities and events will educate all
citizens on the importance of acting in an environmentally sensitive
fashion by recycling, conserving energy and water, using efficient
transportation, and adopting a more ecologically sound lifestyle; and,
WHEREAS, Earth Day 1993 activities and events will educate all
citizens on the importance of buying and using only those products least
harmful to the environment; and,
WHEREAS, Earth Day 1993 activities and events will educate all
citizens on the importance of doing business only with those companies
that are environmentally sensitive and responsible; and,
WHEREAS, Earth Day 1993 activities and events will educate all
citizens on the importance of voting for those candidates who demon-
strate an abiding concern for the environment; and,
WHEREAS, Earth Day 1993 activities and events will educate all
citizens on the importance of supporting the passage of legislation that
will help protect the environment,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby
proclaim Thursday, April 22, 1993, as
"EARTH DAY"
and declare the City's support thereof.
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
13th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
OSEAL
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[ITY DF DELRAY BEA[H
100 ',~ ~\ 1";"\/::',;~E Dt'--C:;':"', S::AC'-1 ='_''-:::~ C)~ 33444
PROCLAMA TIO;\'
WHEREAS, almost. thirty-five million Americans become
victims of crime each year, with 5.7 million citizens falling
prey to violence; and,
WHEREAS, the U.S. Department of Justice estimates that
five out of six of today's twelve-year olds -- 83 percent of
Americans that age -- will be the victims or intended victims of
violent crime in their lifetime; and,
WHEREAS, only 37 percent of crimes are reported to law
enforcement officials; and,
WHEREAS, to fight the continuing threat of crime and
victimization, all Americans must join together, committing their
individual and collective resources to crime prevention and
victim services; and,
WHEREAS, over 6,000 victim service, criminal justice
and law enforcement organizations will work together to observe
the commemoration of National Crime Victims' Rights Week; and,
WHEREAS, the City of Delray Beach requires the
commitment of concerned citizens and leaders in both the public
and private sectors to continue providing quality services which
aid the innocent victims of crime.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the week of April 25 through May 1, 1993, as
"NATIONAL CRIME VICTIMS' RIGHTS WEEK"
in 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, Florida, to be
affixed this 13th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELRAY BEA[H
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PROCLLH-t T/O\
WHEREAS, many Floridians have suffered from or continue
to suffer from the ravages of the disease of poliomyelitis; and,
WHEREAS, though new cases of that once dreaded disease
are rare since the discovery and nearly universal use of the Salk
vaccine, its victims remain with li ttle or no hope for
improvement from their current handicaps; and,
WHEREAS, medical science has recently become aware that
the debilitating effects of poliomyelitis increase or reoccur
with advancing age; and,
WHEREAS, though there is no cure for these symptoms,
awareness of the existence of postpolio syndrome will help the
victims by identifying the cause of their symptoms; and,
WHEREAS, postpolio support groups are attempting to
educate and inform the medical community, the public in general
and the victims specifically.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission,do
hereby proclaim June 1 through June 7, 1993, as
"POSTPOLIO SYNDROME AWARENESS WEEK"
in 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 this 13th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELRAY BEA[H
100 \ '.'i ..:... '/ ~ ^" :J~ D~_"';;':"'r 3~":"1~""" ;;"'!_,:';,~ J~ 3J4.J.:1
PROCLAJ1A rlo:\
WHEREAS, the City of Delray Beach has many citizens who
are actively involved in creating a vibrant and strong community,
devoting many hours of service; and,
WHEREAS, the City encourages the volunteer effort of
all citizens towards making Delray Beach a City for all persons;
and,
WHEREAS, members of the community have found a need to
organize a "Community Service Awards" program to recognize the
many citizens who devote tireless efforts to their City; and,
WHEREAS, the members of the community have agreed to
establish a "Community Memorial Fund" for the purpose of
depositing monies raised to cover expenses associated with the
Community Service Awards Program and the purchase of official
Memorial Statues to display these awards.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby support and proclaim the establishment of the Community
Service Awards Program and the establishment of the Community
Memorial Fund for the City of Delray Beach.
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 13th day of April, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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RESOLUTION NO. 34-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
JEFFREY S. KURTZ FOR 6 YEARS, 11 MONTHS OF DEDICATED
SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, Jeffrey S. Kurtz was hired by the Law Firm of Tomar,
Parks, Seliger, Simonoff and Adourian in November, 1984; and,
WHEREAS, Jeffrey S. Kurtz became Assistant City Attorney for
the City of Delray Beach, Florida, on May 5, 1986; and,
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'I WHEREAS, Jeffrey S. Kurtz became City Attorney for the City of
II Delray Beach, Florida, on April 28, 1990j and,
!I WHEREAS, Jeffrey S. Kurtz has voluntarily resigned from
I, employment with the City of Delray Beach, Florida, effective April 12,
II 1993.
II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
I' CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
, II Section 1. That the City Commission of the City of Delray
I, Beach, Florida, hereby expresses its thanks and sincere appreciation to
II Jeffrey S. Kurtz for 6 years and 11 months of dedicated service to the
City of Delray Beach, and wishes him well in future endeavors.
II PASSED AND ADOPTED in regular session on this the 13th day of
:1 April, 1993.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :It 8A - MEETING OF APRIL 13. 1993
DRAINAGE EASEMENT
DATE: April 9, 1993
This item is before you to accept an easement deed, for the south five
feet of Lot 23, Block 69, Town of Delray, from Lena O. O'Neal in
conjunction with the Phase II Alley Reconstruction project. A storm
drainage line will be constructed within the easement.
The deed has been properly prepared and is ready for Commission
action.
Recommend acceptance of an easement deed from Lena O. O'Neal for the
south five feet of Lot 23, Block 69, Town of Delray.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 2lliJ NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACS1~!ILE 407/278-4755 wr~~_r'. D~r_a~ L~n_
(407) 243-7090
MEMORANDUM
Date: March 30, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Proposed Drainage Easement
Block 69, Lot 23
Lena O. O'Neal
The attached drainage easement is required in order to complete
the Phase II Alley Reconstruction within Block 69. The City
will be installing a storm drainage line within the easement.
Acceptance of this easement is recommended.
If you have any questions, please call.
DNT: sh
Attachment
cc: David Harden, City Manager
Dan Beatty, Civil Engineer
oneal. dnt
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UTILITY EASEMENT DEED
THIS INDENTURE, made this day of , 19 , between Lena
O'Neal, C.O. Stanley Penny, parties of the first part, and the CITY OF DELRAY BEACH, a
Florida municipal corporation in Palm Beach county, State of Florida, party of the
second part.
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WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of: installation of storm drainage line with full and free right, liberty,
and authority to enter upon and to install, operate, and maintain such drainage line
under, across, through and upon, over, under or within the following described property
located in Palm Beach County, Florida, to-wit;
DESCRIPTION
See attached Exhibit "A" and Exhibit "B"
. Concomitant and coextensive with this right is the further right in the party of
i!f'd' the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions, and
reservations, and reservations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no additional building
or effect any other additional kind of construction or improvements upon the
above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons who~soever claimed by,
through or under it, that it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. Where the context of this
. Easement Deed allows or permits, the same shall include the successors or assigns of
> M,' the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
W(!"v_ fYi) P~TIES OF THE FIRST PART
~t10'~
~y Y ./,b,~./f yJlV ( P.~.J()
(l :D/1IVVCPS 73 E71rry L~1J11 O. 0 ',uli'Il'- ~l S-r/lJoJLG'r /EAlJJV (""1.11)
(name printed or type written) (name printed or type witten)
!J, 1/ (J .7i1EGt:ii! ~ .DlliC/~ l)&ttt A Y &__1'1 crt , rJ 11 '
(address) ,
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/ / (name printed or type written
/(?" h.e-' AT "v; r,1, ):/5-,7 ('
(name printed or type written) (address)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing in~r~ment was acknowledged before me this ~day of ~~~ ,
19i2..., by !/'OlhJ.<b _ f},/'I/'./'1 (name o~person acknowledged), who is
personally known to me/or has produced )::,2 _ '.c'tlle.<s ('"c.:=A"Si(type of
identification) as identification and who did (did not) take an oath.
.
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Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
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CBD ALLEY RECONSTRUCTION - PHS II
DELRAY BEACH PROJECT NO. 93-02
LOT 23, BLOCK 69, 5' DRAINAGE EASEMENT
A parcel of land within Block 69 of the Subdivision of Delray,
Plat Book 2, Page 43, Public Records of Palm Beach County,
Florida.
Said parcel of land being more particularly described as follows:
The south 5' of Lot 23, Block 69 of the Subdivision of
Delray
Said parcel containing 0.0150 acres more or less.
DB:kt
File: 93-02 (H)
DB9302.KT
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EXHIBIT A
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EXHIBIT B
CITY of DELRAY BEACH PHASE II ALLEY RECONSTRUCTION
, ENVIRONMENTAL SERVICES DEPARTMENT ~ PROJECT NO. 93 . 02
4M rom S'illli'ION A.YRNUE. nBl.nAY DEt.CB. FLORIDi 53M,~ LOT 23 51 DRAINAGE EASEMENT
,~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # S'13 - MEETING OF APRIL 13. 1993
MUTUAL AID AGREEMENT/PALM BEACH COUNTY SCHOOL BOARD POLICE
DATE: April 9, 1993
This item is before you to approve a mutual aid agreement with the
Palm Beach County School Board Police. This agreement provides for
assistance during law enforcement emergencies which cross
jurisdictional lines. Similar agreements have been approved with Boca
Raton, Boynton Beach and the Palm Beach County Sheriff1s Office.
The agreement will run for one year, until September 30, 1993 and is
eligible for automatic annual renewal unless one of the parties
elects to cancel the agreement by written notice.
Recommend approval of the mutual aid agreement with the Palm Beach
County School Board Police.
'.
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[ITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 'il;) \\ ,\Tl Af',TIC A\l:~;[T' llt:IIC\Y ilL\( ILII (>!!)).\ "" I
jt,I.l:l'llt)NE 407,21' 'M.' \ . h\( '\1\1Il [i>! 'I
POLICE LEGAL ADVISOR
HBMORANDUM
TO: City Commissioners
FROM: Eric D. Hightower, Police Legal Advisor
DATE: AprilS, 1993
SUBJECT: Combined Mutual Aid Agreement with Palm Beach
County School Board Police
------------------------------------------------------------------------
------------------------------------------------------------------------
Attached for your consideration is a copy of the Combined Mutual Aid
Agreement with the Palm Beach county School Board Police. The School
Board Police have already approved the agreement as is. In addition,
our City Attorney's Office approves of the agreement as well.
The purpose of the agreement is to allow the two police departments to
assist each other in the enforcement of the laws of the State of Florida
throughout Palm Beach County.
The City's liability will not be affected by this agreement. Section V
of the agreement grants us all immunities as provided by Section 768.28
Florida Statutes. The City will be responsible only for its own
employees as is normal for operations.
No additional funds will need to be expended to carry out the agreement.
The City will only be responsible for the expenses of its own
Department.
The agreement will run for one year until September 30, 1993 and be
eligible for automatic renewal yearly unless one of the parties elects
to cancel the agreement by written notice.
EDH/lrd ~! H '
Enclosure
cc: David Harden, City Manager
Jeff Kurtz, City Attorney
,.
COMBINED MUTUAl. AID AGREEMENT
THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the "Agreement",
made and entered into this day of ,
1993, by and between the DELRAY BEACH POLICE DEPARTMENT and the PALM
BEACH COUNTY SCHOOL BOARD POLICE, pursuant to the provisions of the
Chapter 23, Part I, Florida Statutes, known as the "Florida Mutual Aid
Act" , hereinafter the " Act" , comprises a "voluntary cooperation
agreement" and a "requested operational assistance agreement" as the .
terms are used in the Act.
witnesseth:
WHEREAS, the subscribed law enforcement agencies are so located
in relation to each other that it is to the advantage of each to
receive and extend mutual aid in the form of law enforcement services
and resources to adequately respond to intensive situations including,
but not limited to, emergencies as defined under Section 252.34(2)
F.S.; and
WHEREAS, it is the intent of this Agreement, considering the
existing and continuing possibility of intensive situations and other
law enforcement emergencies, to ensure that the preparation of law
enforcement will be adequate to deal with such activity, protect the
public peace and safety, and preserve the lives and property of the
people; and
WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the PALM BEACH
COUNTY SCHOOL BOARD POLICE have the authority under the Act, to enter
into a "requested operational assistance agreement" for rendering of
assistance in a law enforcement emergency that crosses jurisdictional
lines;
'~
NOW, THEREFORE, the parties agree as follows:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Pursuant to Section 23.1225, F.B. of the Act, each of the
aforesaid law enforcement agencies hereby approves and enters into
this Agreement whereby each of the agencies may request and render
law enforcement assistance to the other including investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant
to Chapter 893, F.B., and including backup services during patrol
activities, inter-agency task forces and joint investigations.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
Pursuant to Section 23.1225(2), F.B. of the Act, the aforesaid
law enforcement agencies hereby approve and enter into this
Agreement whereby each of the agencies may request and render law
enforcement assistance to the other responding to civil
disturbances, large protest demonstrations, aircraft disasters,
fires, natural or man-made disasters, sporting events, concerts,
parades, escapes from detention facilities, and incidents requiring
utilization of specialized units and any emergency which qualifies
under F.B. 252.34(2).
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that either party to this Agreement is in need of
assistance as set forth above, the police chief or his designee of
the agency requiring assistance shall notify the police chief from
whom such assistance is required. The police chief whose
assistance is sought shall evaluate the situation and his agency's
available resources and shall respond in the manner deemed
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appropriate. The police chief or his designee's decision in this
regard shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting
agency shall be under the immediate command of a supervising officer
designated by the assisting police chief. Such supervising officer
shall be under the direct supervision and command of the police chief
of the agency requesting assistance.
SECTION V: INDEMNIFICATION AND LIABILITY
To the extent permitted by law, the City of Delray Beach and the
Palm Beach County School Board Police shall each be responsible for its
own negligence. Nothing herein shall be deemed to waive any immunities
granted pursuant to Section 768.28, Florida Statutes.
SECTION VI: POWERS , PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the DELRAY BEACH POLICE DEPARTMENT when
actually engaging in mutual cooperation and assistance outside of the
jurisdictional limits of the City of Delray Beach, but inside this
State under the terms of this Agreement shall, pursuant to the
provisions of Section 23.127(1), F.S. of the Act, have the same powers,
duties, rights, privileges and immunities as if the employee was
performing duties inside the employee's political subdivision in which
normally employed. The same conditions shall apply to the employees
of the PALM BEACH COUNTY SCHOOL BOARD POLICE when they are outside the
jurisdictional limits of Palm Beach County School Board, also.
b. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other party
3
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to the Agreement as set forth above; provided however, no party
shall be required in the sole discretion of its police chief to
deplete unreasonably its own equipment, resources, facilities, and
services in furnishing such mutual aid.
c. The party that furnishes equipment pursuant to this
Agreement must bear the cost of loss or damage to that equipment
and must pay any expense incurred in the operation and maintenance
of that equipment.
d. The party furnishing aid pursuant to this Agreement shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel and maintenance
expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal
injury or death while such employees are engaging in rendering such
aid.
e. The privileges and immunities from liability, exemption
from laws, ordinances and rules, and all pension, insurance,
relief, disability, workers' compensation, salary, death and other
benefits that apply to the activity of an employee of an agency
when performing the employee's duties within the territorial limits
of the employee's agency, shall apply to the employee to the same
degree, manner, and extent while engaged in the performance of the
employee's duties extraterritorially under the provisions of this
Agreement. The provisions of this Agreemenb shall apply with equal
effect to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting party from
requesting supplemental appropriations from the governing authority
4
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having budgeting jurisdiction to reimburse the assisting party for
any actual costs or expenses incurred by the assisting party
performing hereunder.
SECTION VI'I: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate to
cover the risk to which that party may be exposed, should the
insurance coverage, however provided, of any party be cancelled or
undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of
notice of actual knowledge of such cancellation or change.
SECTION VIII: EFFECTIVE DATE
a. This Agreement shall take effect upon execution and
approval by the hereinafter named officials and shall continue in
full force and effect until September 30, 1993 and shall be
renewed automatically every year unless terminated prior thereto by
either of the parties.
b. This Agreement shall be reviewed annually for any
necessary changes.
SECTION IX: CANCELLATION
This Agreement may be cancelled by any party upon delivery of
written notice to the other party.
SECTION X: AGREEMENTS TO BE FILED
This Agreement shall be filed with the Florida Department of
Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by
5
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the entity that last approves the Agreement. In addition, this
Agreement constitutes an interlocal agreement that shall also be filed
by the last entity approving the Agreement pursuant to Section
163.01(1), Florida Statutes, with the Clerk of the Circuit Court of
Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year above first written.
PALM BEACH COUNTY SCHOOL BOARD
By:
Chairman
By:
Superintendent of Schools
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor Thomas E. Lynch
Attest:
City Clerk
Approved as to form and Approved as to form and
Legal Sufficiency: Legal Sufficiency:
City Attorney - Delray Beach General Counsel - School Board
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEA~H. FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter - D.1.reClt L.1.ne
(407) 243-7090
MEMORANDUM
Date: April 2, 1993
To: City Commission ~
From: David N. To1ces, Assistant City Attorne;V
Subject: Lease Agreement for Lake Ida Park
At the March 10, 1993 City Commission meeting, the City
Commission approved a Lease Agreement with Palm Beach County
for the use of a 2.63 acre parcel located at 1100 Lake Drive in
Delray Beach. The approval was conditioned on the removal of
Paragraph 3.02(c) from the Agreement, which pertains to
mechanics' liens. I sent a letter to the County informing them
of the City's request that Paragraph 3.02(c) be removed from
the Agreement. On April 1, 1993, I received a response from
the County Attorney's Office indicating that they would agree
to modify 3.02(c). The new paragraph reads as follows:
(c) Mechanics' Liens. Lessee shall comply with the
provisions of Florida Statutes Section 255.05.
Further, to the extent permitted by law, the Lessee
agrees to indemnify, defend and save the Lessor
harmless from and against any damage, loss, cost
and/or expense incurred by the Lessor as a result of
Lessee's failure to comply with or election to apply
the waiver provision of said statute.
It is this office I s opinion that the newly revised Paragraph
3.02(c) is one which the City can comply with. It requires the
City to obtain bonds for all work done on that parcel. In the
event that the City fails to obtain bonds for work on that
parcel, the City would agree to defend the County in the event
that there is some litigation regarding payment to a contractor
on the project. It is this office's recommendation that the
Commission accept the change in language to Paragraph 3.02(c)
of the Lease with Palm Beach County and that the contract be
executed and forwarded to the County for their approval.
If you have any questions please call.
DNT:sh
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Cheryl Leverett, Executive Assistant
lakeida7. dnt
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW lsl AVENUE' DELRAY BEACH, FLORIDA 33444
F,\CSIMILE 407/27S-4755 Wr.f.'t:._r' - D.f.r_o't:. L.f.n_
(407) 243-7090
March 11, 1993
Arthur Kahlenberg, Real Estate Specialist
Facilities Planning, Design & Construction Dept.
50 S. Military Trail, Suite 211
West Palm Beach, Florida 33415
Subject: Lease Agreement for Use of 2.63 Acre Parcel of Lake
Ida Park Located at 1100 Lake Drive, Delray Beach
Dear Art:
As we discussed, the Delray Beach City Commission approved the
Lease Agreement at its March 10, 1993 meeting with the
provision that Paragraph 3.02(c) "Mechanics' Liens" l::?e removed.
It is this office's opinion that the provision regarding public
construction bonds is adequately stated in Section 255.05, Fla.
Stat.. The City has a policy of always requiring bonds on its
projects. Prior to construction of any project, the contractor
must pr~ both performance and payment bonds. Removal of
the bonding requirement does not lessen any of the County's
rights or increase any potential liability under the lease.
Thus, the Commission did not find it necessary to retain the
bonding provision.
Regarding the mechanics' lien provisions, both the City and
County are "immune" from the mechanics' lien law, Chapter 713,
Fla. Stat.. Therefore, it is the City's opinion that it should
not agree to assume any liability for an event for which
neither party could be held liable. The state statutes provide
adequate protection for both parties under this agreement.
Thus, the remaining portion of Paragraph 3.02(c) is
unnecessary.
Overall, it is the City's opinion that removal of 3.02(c) will
not alter any potential liability'resulting under the lease.
The County can be assured that the City will maintain and
improve the park, and will cooperate with the County during the
term of the lease.
I apologize for not recognizing this discrepancy at an earlier
time. Please inform me as soon as possible as to the County's
posi tion. I f an attorney needs to speak to me, I will be
available to discuss the matter.
'.
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March 11, 1993
Page 2
Thank you for your cooperation.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CIT~E~ BEACH, FLORIDA
By: -+- - .
David N. Tolces, Esq.
Assistant City Attorney
DNT: sh
lakeida6.dnt
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PALM BEACH COUNTY
LAND LEASE AGREEMENT
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ot!t'" PALM BEACH COUNTY
... and
-
CITY OF DELRAY BEACH, FLORIDA I
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TABLE OF CONTENTS
-' PAGE
---~ ARTICLE I BASIC LEASE PROVISIONS
.-'.'(,~
,'" section 1.01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
section 1. 02 Length of Term and Commencement Date.......... 1
'"',
- ARTICLE II RENT
", section 2.01 Annual Rent................................... 1
section 2.02 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I:U CONSTRUCTION OF LEASED PREMISES
section 3.01 Acceptance of Premises by Lessee.............. 2
section 3.02
(a) Lessee's Work................................. 2
(b) Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(c) Mechanics' Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
-
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"- ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES
""',"' BY LESSEE
r Section 4.01 Use of Premises............................... 2
section 4.02 Waste or Nuisance............................. 2
., Section 4.03 Hazardous Substances.......... ...... .......... 3
'- section 4.04 Governmental Regulations...................... 3
~.
Section 4.05 Non-Discrimination...... ...................... 3
Section 4.06 Surrender of Premises.................... ..... 3
ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES
section 5.01 Responsibility of Lessor and Lessee........... 4
Section 5.02 Responsibility of Lessee Regarding Alterations
and Personal Property........................ 4
I
.- ARTICLE VI INSURANCE AND INDEMNITY I
~~ Section 6.01 Liability Insurance........................... 4
......... Section 6.02 Indemnification ............................. . 4
...
". ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS
- Section 7.01 Damage or Destruction by Fire, War
- or Act of God................................ 4
,,.
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ARTICLE VIII UTILITIES 5
ARTICLE IX SUBORDINATION AND ATTORNMENT 5
ARTICLE X ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required... . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
.-. ARTICLE XI DEFAULT OF LESSEE
.......:t~ section 11.01 Events of Default............................. 5
section 11.02 Waiver, Accord and satisfaction............... 5
....... . Section 11.03 Legal Expenses................................ 6
.....
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ARTICLE XII ACCESS BY LESSOR
- section 12.01 Right of Entry................................ f?
-'
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ARTICLE XIII QUIET ENJOYMENT
section 13.01 Lessor's Covenant............................. 6
ARTICLE XIV MISCELLAN}:OUS
Section 14.01 Entire Agreement........ . . . . . . . . . . . . . . . . . . . . . . 6
section 14.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . 6
Section 14.03 Brokers Commission.........................,.. 7
Section 14.04 Severabil i ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
...... Section 14.05 captions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
~~. Section 14.06 Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
....-.. Section 14.07 Liability of Lessor........................... 7
;, Section 14.08 Waiver of Jury Trial.......................... 7
......, Section 14.09 Governing Law.......:...........,............. 8
~ Section 14.10 Time of Essence............................... 8
- Section 14.11 Benefit and Binding Effect.................... 8
_i~_
Exhibits
Exhibit "A" The Premises.................................. 9
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~. LEASE AGREEMENT
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THIS LEASE AGREEMENT, made and entered into this ___ day of
_ , 1993, by and between PALM BEACH COUNTY, a political
~ subdivision of the State of Florida, hereinafter referred to as
"Lessor" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor is the owner of certain real property in Palm
Beach County, Florida, constituting the north-eastern portion of
- Palm Beach County's Lake Ida Park, as said property (the
- "Property") is legally described in Exhibit "A" attached hereto and
-....:..,...'. by reference made a part hereof; and
.' ."<
WHEREAS, Lessee wishes to lease the Property for use as a city
neighborhood park; and
~ WHEREAS, Lessor is willing to lease the Property to Lessee for
~ the purposes hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, the Lessor demises and leases
to Lessee and the Lessee rents from Lessor the Property upon the
following terms and conditions:
,.,
~ ARTICLE I
........... ....". BASIC LEASE PROVISIONS /
......... .. Section ]..0], Premises.
~ The Property subject to this Lease, consists of approximately
~2.63 acres of lake front land situated on Lake Drive between NW
_ 11th and NW 12th Streets, Delray Beach, Florida as legally
... described in Exhibit "A", together with Lessor's interest, if any,
in all improve~s and appurtenances thereto (collectively the
"Premises").
Section 1.02 Length of Term and commencement Date.
The term of this Lease shall commence on the date of full
execution of this Lease (the "Commencement Date") and shall extend'
.;. for a period of twenty-five (25) years thereafter (the "Term"),
_~ unless sooner terminated pursuant to the provisions of this Lease.
......
~~~~' ARTICLE II
.... ..... . RENT
.-
Section 2.01 Annual Rent.
Lessee shall pay Lessor for the use and occupancy of the
~ Premises an annual Rent of One ($1.00) Dollar, payable on the
Commencement Date and each subsequent anniversary thereof. Rent
shall be made payable to the Palm Beach county Board of County
commissioners and shall be delivered annually in advance to Palm
Beach County Finance Department Revenue section, P.O. Box 4036,
West Palm Beach, Florida 33402.
Section 2.02 Assessments.
:.:.. Lessee during the Term of this Lease shall pay before
~ delinquency all assessments which may be levied by any governmental
.... II , ,"" authority against the Premises or Lessee's Alterations constructed
- on the Premises.
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ARTICLE III
CONSTRUCTION OF LEASED PREMISES
section 3.01 Acceptance of Premises by Lessee.
Lessee certifies that Lessee has inspected the Premises and
accepts same "As Is", in its existing condition as of the
Commencement Date of this Lease. No repair work, alterations, or
...;., remodeling of the Premises is required to be done by Lessor as a
""'- .~ condition of this Lease.
,..
~ section 3.02 (al Lessee's Work.
Lessee agrees, to perform all work, at its own cost and
expense, which is necessary to fully equip and maintain the
Premises for the lawful use of the Premises as specified in section
. 4.01 of this Lease.
(b) Alterations. Any installation, alteration, improvement,
addition, or modification to the Premises by the Lessee
(hereinafter cOllectively referred to as "Alterations"), the value
of which exceeds Twenty-five Thousand Dollars ($25,000), shall
require the prior written consent of Lessor in each instance.
Lessee shall submit plans and specifications for all such
- Alterations to Lessor for Lessor's written approval prior to
~ Lessee's commencing work on same. Further, no trees, other than
. ..........,.. non-native species, shall be removed or major land alterations done
... -- without the prior written consent of the Lessor. Lessee agrees and
, ~'~ acknowledges that all Alterations, whether pursuant to this section
or otherwise, are performed and accomplished solely for the benefit
and convenience of Lessee, and not for the benefit of Lessor, such
~ Alterations being nevertheless subject to each and pvery provision
.... of this Lease. . All work done by Lessee in conn~ction with any
Alterations, repairs and maintenance on the Premises shall be done
in a good and workmanlike manner and shall be diligently prosecuted
to completion strictly in accordance with the plans and
specifications therefor.
Cc) Mechanics' Liens. Lessee shall also obtain a public
~ construction ~ in accordance with Florida statutes 255.05
~~ covering all Alterations to the Premises the cost of which exceeds
;, Twenty-Five Thousand ($25,000) Dollars. In the event that a
"...... -"" mechanics' claim of lien is filed against the Premises in
~ connection with any work performed by or on behalf of the Lessee,
the Lessee shall satisfy such claim, or shall transfer same to
security, within thirty (30) days from the date of notice. In the
event that the Lessee fails to satiSfy or transfer such claim
.. within said thirty (30) day period, the Lessor may do so and
thereafter charge the Lessee, as Additional Rent, all costs
incurred by the Lessor in connection with the satisfaction or
transfer of such claim, including attorneys I fees. Further, to the
extent permitted by law, the Lessee agrees to indemnify, defend and
save the Lessor harmless from and against any damage, loss, cost
and/or expense incurred by the Lessor as a result of any such
mechanics' claim of lien.
-
~, ARTICLE IV
.....,....,- '~ CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE
... ".'
Section 4.01 Use of Premises.
Lessee shall use the Premises solely and exclusively for the
establishment and operation of a neighborhood park in order to
.' provide an area for passive public outdoor recreation. Lessee
shall not use, permit or suffer the use of the Premises for any
other purpose whatsoever without the prior written consent of
Lessor.
section 4.02 Waste or Nuisance.
Lessee shall not commit or suffer to be committed any waste
2
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....
.
.,
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; upon the Premises or any nuisance or other act or thing which may
_~ result in damage or depreciation of value of.the Premises or which
,... may affect Lessor's fee interest in the Premises. All refuse is to
~,7 be removed from the Premises at Lessee's sole cost and expense and
r ~ Lessee will keep such refuse in proper fireproof containers on the
interior of the Premises until removed. Lessee will keep the
access to the Premises, the parking areas and other contiguous
areas to the Premises free and clear of obstruction. Lessee, at
. its sole cost and expense, will keep the Premises free of rodents,
vermin and other pests.
section 4.03 Hazardous Substances.
Lessee shall not use, store or dispose any of the following
"Hazardous Substances" on the Premises: (1) friable asbestos: (ii)
urea formaldehyde foam insulation; (iii) polychlorinated biphenyls:
.. or (iv) any other chemical, material or substance, including
"'" petroleum products, the handling, storage, transportation, disposal'
~ of or exposure to which is prohibited, limited or regulated by any
.~ ~ federal, state, county, regional or local authority. In the event
.... .,., of accident or discovery of such disposal, Lessee shall immediately
~. report such occurrence to Lessor, indicating what is being disposed
of, and what actions Lessee is undertaking to remove said disposal.
_ In the event Lessor has any reason to believe that there is or
has been improperly manufactured, stored or discharged on the
Premises any Hazardous Substances, Lessor shall have the right to
require Lessee to obtain a Phase II environmental report at the
Lessee's sole cost and expense from a reputable environmental
consultant acceptable to Lessor. In the event that Lessee's report
reveals any Hazardous Substances, Lessee shall, a~ its sole cost
and expense, promptly take all actions as are rersonably deemed
__ necessary by Lessor to return the Premises to the conditions
.;... existing prior to the introduction of any such Hazardous Substances
~ to the Premises.
...~'...
,... ,........ Lessee, to the extent permitted by law, agrees to defend,
~ indemnify and hold harmless Lessor against any and all claims that
Lessor may be~ble for, suffer, incur or pay by reason of
Lessee's failure to comply with the terms and conditions of this
.... Article.
^'
section 4.04 Governmental Regulations.
Lessee shall, at Lessee's sole cost and expense, comply with
all ordinances, rules, regulations, orders and requirements of all
county, municipal, state, federal and other applicable governmental
authorities I now in force, or which may hereafter be in force,
pertaining to Lessee, its use of the Premises, or the Premises
..... generally.
--
-.:...;.. Section 4. 05 Non-Discrimination.
.. ,. " Lessee shall assure and certify that it will comply with Title
_- IV of the civil Rights Act of 1964 (PL 88-352) and, in accordance
with that Act, shall not discriminate against any individual's
race, color, creed, sex, national origin, age, handicap, or martial
_ status with respect to any activity occurring on the Premises.
section 4.06 Surrender of Premises:
Upon termination or expiration of this Lease, Lessee, at its
sole cost and expense, shall remove Lessee's perso~al property and
removable fixtures and equipment from the Premises and shall
surrender the Premises to the Lessor in the same condition the
Premises were in as of the Commencement Date of this Lease,
'._, reasonable wear and tear excepted. Upon surrender of the Premises,
__. ti tIe to any and all remaining Alterations shall revert to Lessor.
-~'
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,
_ ARTICLE V
- REPAIRS AND MAINTENANCE OF PREMISES
..~~
.<'.;..;.,,-, section 5.01 Responsibility of Lessor and Lessee.
.. ." Lessor shall not be obligated or required to make or conduct
'_.. any maintenance or repairs whatsoever to the Premises. All
portions of the Premises, including the existing restroom, play
area and small boat launch area, and all Alterations constructed on
the Premises shall be maintained and kept in good repair and
~ condition by Lessee at Lessee's sole cost and expense.
section 5.02 Responsibility of Lessee Regarding Alterations and
Personal Property.
All Alterations and personal property of Lessee shall remain
the property of the Lessee at Lessee's sole risk for the Term of
this Lease, or any extension or renewal hereof.
;: ARTICLE VI
,;.-. INSURANCE AND INDEMNITY
"'~..".....o.;:~.~
. .' Section 6.01 Liability Insurance.
'~. Lessee shall, during the entire Term hereof, provide Lessor
", with a certificate evidencing self-insurance coverage for
comprehensive general liability in the amount of $100,000 per
.. person and $200,000 per incident or occurrence. In the event the
Legislature should change the Lessee's exposure by statute above or
below the sums insured against, the Lessee shall provide insurance
to the extent of that exposure.
Section 6.02 Indemnification.
Lessee shall, to the extent permitted by law; indemnify and
_ save harmless the Lessor from and against any and all claims,
~ suits, actions, damages and/or causes of action arising during the
--- Term of this Lease for any personal injury, loss of life and/or
~~_ damage to property sustained in or about the Premises by reason or
.. ~ <' as a result of the use and occupancy of the Premises by the Lessee,
..;~ its agents, employees, licensees, invitees, and the general public
"" and from and ag~t any orders, judgements, and/or decrees which
may be entered thereon, and from and against all costs, attorney
.. fees, expenses and liabilities incurred in and about the defense of
any such claim. In the event Lessor shall be made a party to any
litigation commenced against the Lessee or by the Lessee against
any third party, then Lessee shall protect and hold Lessor harmless
and pay all costs and attorney's fees incurred by Lessor in
connection with such litigation, and any appeals thereof. Nothing
contained herein shall be construed as a waiver of sovereign
immunity enjoyed by the parties hereto, as provided in Florida
- statutes 768.28 as amended.
--
..........,...
~ ARTICLE VII
wl..~........:"" DESTRUCTION OF LESSEE'S ALTERATIONS
.. .
.~ 7.01 Damage or Destruction by Fire, War or Act of God.
In the event any of Lessee's Alterations shall be destroyed or
so damaged or injured by fire or other casualty during the Term of
this Lease or any extension thereof, the Lessee shall commence
restoration or removal thereof within one hundred twenty (120) days
and thereafter diligently pursue the restoration or removal to
completion. Notwithstanding the foregoing, in the event of any
such casualty, Lessee shall have the right, to be exercised in its
sole discretion, to terminate this Lease. In the event Lessee
elects to terminate this Lease, Lessee shall first place the
Premises in a safe and sightly condition in compliance with all
~.. Building, Fire and other applicable codes and shall at the request
;::::~' of the Lessor remove any improvements which are materially damaged.
p.' ,......,y,~
..
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-- ARTICLE VIII
--- UTILITIES
'. ....-.
~ Lessee shall be solely responsible for and promptly pay
~ 'directly to the utility company or other provider of such service
, all charges and assessments for water, gas, electricity, trash
~' collection and removal or any other utility used or consumed on the
. Premises. In no event shall Lessor be liable for an interruption
or failure in the supply of any such utilities to the Premises.
ARTICLE IX
SUBORDINATION AND ATTORNMENT
Lessee hereby subordinates its rights hereunder to the lien of
any ground or underlying leases, any mortgage or mortgages, or the
- lien resulting from any other method of financing or refinancing,
~ now or hereafter in force against the Premises, and to all advances
. .-., made or hereafter to be made upon the security thereof. This
"''''~ Article shall be self-operative and no further instrument of
~. subordination shall be required by any mortgagee, but Lessee agrees
~- upon request of Lessor, from time to time, to promptly execute and
; deliver any and all documents evidencing such subordination, and
failure to do so shall constitute a default under this Lease.
...
ARTICLE X
ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required.
Lessee may not assign, mortgage, pledge or encumber this Lease
in whole or in part, nor sublet all or any portion o~ the Premises,
.. without prior written consent of Lessor. All easem~nts including,
_ but not limited to, utility easement are expressly prohibited
.",,-.. without the prior written approval of Lessor. Any easement,
~_ assignment or sublease not approved in writing by Lessor shall be
~ void and without legal effect.
~
~ ARTICLE XI
....,. --............ DEFAULT OF LESSEE
· section 11.01 Events of Default.
The occurrence of anyone or more of the following shall constitute
an Event of Default by Lessee under this Lease: (i) Lessee shall
fail to perform or observe any of the agreements, covenants or
conditions contained in the Lease on Lessee's part to be performed
or observed and such failure shall continue for more than thirty
(30) days after notice from Lessor; (ii) Lessee shall vacate or
-- abandon the Premises; or (iii) Lessee's leasehold estate shall be
~ taken by execution, attachment or process of law. If any Event of
~ Default occurs, then, at any time thereafter while the Event of
............, Default continues, Lessor shall have the right to give Lessee
.,~ notice that Lessor intends to terminate this Lease upon a specified
~'date not less than three (3) days after the date notice is received
~ by Lessee, and this Lease shall then expire on the date specified
as if that date had been originally fixed as the expiration date of
4 the Term of this Lease. If, however, the default is cured within
the three (3) day period and the Lessor is so notified, this Lease
will continue.
Section 11.02 Waiver, Accord and satiSfaction.
The waiver'by Lessor of any default of any term, condition or
covenant herein contained shall not be a waiver of such term,
~ condition or covenant, or any subsequent default of the same or any
-. other term, condition or covenant herein contained. The consent or
'<~ approval by Lessor to or of any act by Lessee requiring Lessor's
,,~:. consent or approval shall not be deemed to waive or render
. ~. unnecessary Lessor's consent t,o or approval of any subsequent
"_..similar act by Lessee.
5
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.................
r'-"-~ Section 11.03 Legal Expenses.
In the event that it shall become necessary for either to
~ employ the services of an attorney to enforce any of its rights
~ under this Lease or to collect any sums due to it under this Lease
or to remedy the breach of any covenant of this Lease on the part
· of either party to be kept or performed, regardless of whether suit
be brought, the prevailing party shall be entitled to collect form
the other party such reasonable fee as shall be charged by the
prevailing party's attorney for such services, including all
expenses of any suit and any appeal thereof.
ARTICLE XII
_ ACCESS BY LESSOR
.-
--- section ~2.01 Right of Entry.
~r Lessor and Lessor's agents shall have the right to enter upon
~, Premises at all reasonable times to examine the same, and to make
_ any repairs which may be required or permitted hereunder. In the
~. event Lessor wishes to make such repairs, Lessor shall provide
Lessee with thirty (30) days prior written notice of its intent to
, do so. In addition, Lessor and Lessor's agent shall have the right
- to enter upon the Premises at all reasonable times in order to gain
access to Lessor's property which is contiguous or adjacent to the
Premises. Nothing herein contained, however, shall be deemed or
construed to impose upon Lessor any obligation, responsibility or
liability whatsoever, for the care, maintenance, or repair of the
Premises.
-- ARTICLE XIII
.::::.. QUIET ENJOYMENT
~I.~. section 13.01 Lessor's Covenant. I
, Upon payment by the Lessee of the Rent and other charges
~' herein provided, and upon the observance and performance of all the
::- covenants, terms and conditions on Lessee's part _to be observed and
performed, Lessee shall peaceably-and quietly hold and enjoy the
. Premises for the Term hereby demised without hinderance or
interruption by~sor or any other person or persons lawfully or
equi tably claiming by, through or under the Lessor, subj ect I
nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
MISCELLANEOUS
- .
___ Sect10n 14.01 Entire Agreement.
~- This Lease and any Exhibits attached hereto and forming a part
~ thereof as if fully set forth herein, constitute all agreements,
---. conditions and understandings between Lessor and Lessee concerning
~ the Premises. All representations, either oral or written, shall
_. be deemed to be merged into this Lease. Except as herein otherwise
~ provided, no subsequent alteration, waiver, change or addition to
~ this Lease shall be binding upon Lessor or Lessee unless reduced to
writing and signed by them.
Section 14.02 Notices.
Any consents, approvals and permissions by the Lessor shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and mailed prepaid by
certified mail return receipt requested, addressed:
-
~ (a) If to the Lessor at:
..................
,. -.....,..... Property and Real Estate Management Division
50 South Military Trail, Suite 211
'-- West Palm Beach, FL 33415
6
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with a copy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL 33401
...-'
.-
____ and
t..-.~
'."..,." Palm Beach County
Department of Parks and Recreation
~. 2700 6th Avenue South
Lake Worth, FL 33461
~ (b) If to the Lessee at:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
or at such address as the Lessor or the Lessee, respectively, may
_ designate in writing. All notices given hereunder shall be
~ effective and deemed to have been duly given only upon receipt by
~ the party to which notice is being given, said receipt being deemed
," to have occurred upon such date as the postal authorities shall
~ show the notice to have been delivered, refused, or undeliverable,
..,- as evidenced by the return receipt.
-..
section 14.03 Brokers commission.
~ The parties hereto represent and warrant to ~he other that
there are no claims for brokerage commissions or ~inders fees in
connection wlth the execution of this Lease, and agree to
indemnify, defend and save the other harmless from all liabilities
arising from any such claim including, without limitation, the cost
of counsel fees in connection therewith.
section 14.04 Severability.
~ If any te~ this Lease, or the application thereof to any
~" person or circumstances, shall to any extent be invalid or
~: unenforceable, the 'remainder of this Lease, or the application of
~,.,~. such term to persons or circumstances other than those as to which
. it is invalid or unenforceable shall not be affected thereby, and
,--""" each term of this Lease, shall be valid and enforceable to the
- fullest extent permitted by law.
, section 14.05 captions.
The captions in this Lease are included for convenience only
and shall not be taken into consideration in any construction or
interpretations of this Lease or any of its provisions.
section 14.06 Recording.
Lessee shall not record this Lease, or any memorandum or short
__. form thereof, ~ithout the written consent and joinder of Lessor.
.-
C'"", section 14.07 Liabili ty of Lessor.
':' Lessee shall look solely to the estate and property of the
~'-Lessor in the Premises for the collection of any judgment, or in
__ connection with any other judicial process, requiring the payment
.~, of money by Lessor in the event of any default by Lessor with
respect to any of the terms, covenants and conditions of this Lease
d. to be observed and performed by Lessor, and no other property or
estates of Lessor shall be subject to levy, execution or other
enforcement procedures for the satisfaction of Lessee's remedies
and rights under this Lease.
Section 14.08 waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
_:~ 7
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proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Lease.
section 14.09 Governing Law.
::: This Lease shall be governed by and interpreted according to
..........-...,'. the laws of the State of Florida and venue shall be in Palm Beach
" ...,.; County.
''''.,
section 14.10 Time of Essence.
"': Time is of the essence with respect to the performance of
every provision of this Lease in which time of performance is a
factor.
section 14.11 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of
the heirs, successors, legal representatives and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have duly executed this
~ Lease as of the day and year first above written.
':-
~,~ PALM BEACH COUNTY, FLORIDA, A
.-~~., ATTEST: POLITICAL SUBDIVISION OF THE
"'""" STATE OF FLORIDA
.. Dorothy H. Wilken, Clerk
~
- ~: ~:
Deputy Clerk Chair
/
APPROVED AS TO FORM I
AND LEGAL SUFFICIENCY
~ county Attorney
~i.N
.... -~ ----
'..... _ ATTEST: CITY OF DELRAY BEACH
,-
By: By:
- City Clerk Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
.-'
- City Attorney
........--._, ,
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~ 02/02/93
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..r' EXHIBIT "A"
THE PREMISES
Leqal Description:
The Premises consists of the following described land lying
and being in Palm Beach County, Florida, to-wit:
,....,... All of the West one-quarter (W 1/4) of the North
..:"'-
...~ one-half (N 1/2) of Lot One (1) of section 8,
· "--' Township 46 South, Range 43 East, according to
- plat of subdivision of said section 8 on file in
"'"
- Plat Book I, page 4, Palm Beach County, Florida,
-- Public Records.
(PCN: 12-43-46-08-21-000-0010)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # iD - MEETING OF APRIL 13. 1993
ALL AMERICAN SOAP BOX DERBY
DATE: April 9, 1993
This item is before you to approve the request from the Delray Beach
Soap Box Derby Committee to close Linton Boulevard between U.S. 1 and
A-1-A on May 22, 1993 from approximately 8:00 a.m. until the
conclusion of the Soap Box Derby Rally races and on June 20, 1993
(practice date) and June 26, 1993 for the Soap Box Derby. In case of
rain on June 26th, the rain date would be June 27, 1993.
Additionally, the Committee is requesting authorization to operate
portable vending carts to provide refreshments during the races. The
proceeds of the sales will go towards the cost of the race.
At the time the agenda was complete, the Soap Box Derby Committee had
not received approval from Palm Beach County for this event. It is
staff1s recommendation that approval be granted contingent upon
receipt of approval from the County. Also, no permits are required
for the vending cartsj however, if a tent is erected, a permit is
required. The Commission may waive the fees, if appropriate.
Recommend approval of the request from the Soap Box Derby to close
Linton Boulevard, subject to approval from Palm Beach County and
approval of the request to operate vending carts during the event.
'.
'.
.
Agenda Item No.:
AGENDA REQUEST
Date: March 25, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 13, 1993
Description of agenda item (who, what, where, how much) : 1993 Delray Beach
All American Soap Box Derby RaIley on May 22, 1993 and 1993 Delray Beach Soap Box Derby
for June 26. 1993 with a practice date of June 20. 1993 and a rain date of June 27. 1993
on Linton Boulevard Brid~e (Linton Blvd. closed between 7 AM to end of races between
USll1 and AlA). Use of stage and overtime of Parks personnel.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Recommend approval.
Department Head Signature:
Determination of Consistency wi
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO pvl
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
'.
3/17/93 To: Joe Weldon. Please follow-up on this request. Draft
,---- letter for the City Manager's signature advising them of
V/~ procedure, etc. Thanks. (sk for DTH)
Please route thru Selma RECEIVED
\>;' ,~t',: ~3 (:)>:~ MAR 1 7 '1993
rlTY M
", -.- .... ~,- -. u ANAGEP'S OFFleF
Mr. David Harden March 17/ 1993
Delray Beach City Manager
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
The 1993 Delray Beach Soap Box Derby is scheduled for Saturday,
June 26th, with a practice date of Sunday, June 20th. This annual
event is sponsored jointly by the Delray Beach - Sunrise Kiwanis
Club and Boca Raton - Sunrise Kiwanis Club. The Derby will start
at approximately 7:00AM and last until mid-afternoon.
In conjunction with the Delray Beach Soap Box Derby/ the organizing
committee is planning an "All American" Soap Bo~ Derby Rally. The
date is scheduled for Saturday, May 22, 1993. This event is
sponsored by both Kiwanis organizations as well as the South
Florida Soap Box Derby. The Derby Rally will start at
approximately 8:00AM and last until mid-afternoon.
The 1992 Derby held last June was a great success, due mainly to
the outstanding effort of the City of Delray Beach/ numerous City
employees, and civic volunteers. As in past years, the race is held
on the Linton Boulevard Bridge. This will, require that the bridge
be closed to vehicular traffic during the race. The cars are run
down westbound lanes to U.S. 1, freeing eastbound lanes for
emergency vehicles.
We reauest that permission be gra.nted to close Linton Boulevard
between US#l and AlA on these race days from approximately 7:00AM
until the conclusion of the races. We will provide ample
barricades with appropriate "road closed" signage at Federal
Highway (US#l) and AlA, similar to past years. Ample sanitation
facilities will also be provided through Waste Management.
We have also notified the county bridgetenders department, and
anticipate their cooperation as in the past. Should the race be
postponed due to weather, a rain date of June 27th would be
necessary. Please notify us of any further procedures required to
obtain authorization to follow through with the above.
s~cere~~__
/j'[,~ 4"ft .,
-f)cugJM'ar In
Director - South Florida Soap Box Derby
- _..
,~
AS APR 0 1 1993
.
MEMORANDUM
TO: BOB BARCINSKI - ASSISTANT CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SOAP BOX DERBY
--
DATE: MARCH 31, 1993
In the past, we have not issued an occupational license or permit
for this event. Approval for vending carts, Le. hot dogs, has
been part of the overall approval for this event. However, if a
tent is being erected, a permit will have to be obtained and the
fees can be waived with Commission approval.
If you need any other information, please let me know.
LB:DQ
Attachment
D15
SoapBox.RAB
.,
@~ 3/20/93 To: Robert A. Barcinski. Please draft response for the City Manager's
signature. Route thru Selma. Thanks. (sk for DTH)
KIW ANIS CLUB OF DELRAY BEACH - SUNRISE
DIVISION 14 · ZONE 4
P.O. BOX 1963 '.
DELRA Y BEACH, FLORIDA 33444 '.
',.
"We Build"
March 23, 1993
Mr. David Harden
Delray Beach City Manager
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
In conjunction with the running of our Soap Box Derby races, we
anticipate having a portable vending cart to provide refreshments
and/or other items for sale - proceeds go towards our costs to run
the race.
Please notify us of any procedures we must follow to comply with
city codes relating to this and methods by which fees, if any, can
be waived or reduced. I cab be reached during the day at (407) 362-
9300 or evening at home ( 4 07) 495-2826.
For your information, our organization is an exempt nonprofit
organization under Internal Revenue Code section 501(C}3.
Thank you for your attention to this matter.
Sincerely,
D~nrv1 X-
Director - South Florida Soap Box Derby ~c?
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MAR 3 0 93
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[ITY DF DELIAY BEA[H
100 N.W. 15t A VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barclnskl, Assistant City Manager (0..'0' )
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING, APRIL 13, 1993
BID AWARD GOLF COURSE BRIDGE REPAIR
DATE: April 6, 1993
ACTION
City Commission is requested to waive normal bid procedures and
award a bid to Molloy Brothers, Inc. in the amount of $12,750
for the emergency repair of the Golf Course bridge at hole #3.
Funds to come from the Municipal Golf Course account
#445-4761-572.63-90
BACKGROUND
During the recent storms, severe erosion occurred at the
approaches to the bridge at hole #3 on the Golf Course. The
west end is the most severe and outside contract assistance is
needed to repair the damage. The Engineering Department
prepared specifications for the work and solicited quotes.
Three methods of repair were specified as alternates 1) cast in
place, 2 ) precast monolithic wall and, 3) 3-piece precast wall.
Two contractors submitted proposals for a fourth alternative
using rip-rap. Part of the work will be performed at night so
as not to disrupt play. A bid summary sheet and detailed
back-up are attached.
RECOMMENDATION
Recommend award of bid to Molloy Brothers, Inc. in the amount of
$12,750 for emergency bridge repair.
RAB:kwg
Attachments
THE EFFORT ALWAYS MATTERS ?r
"
(!5Y- Golf & Tennis Management, Development & Consultation
. ,~
3/24/93 To: Robert A. Barcinski. FYI (sk for DTH)
Fo\)ot,o.) ~ 4('
A~CE:-
/I/€
1f4R 2 D
March 22, 1993 CITy M. 1/ /99]
'AN4
Ci ty of Delray Beach GFRS
100 NW 1ST Avenue OffiCE
Delray Beach, FL 33444
Attention: Mr. Dave Harden
Dear Mr. Harden
This is to advise you that the bridge located at hole U3 washed out
during our recent storm. We have temporarily repaired the area and
are researching the problem.
As you are aware this item was budgeted to be repaired in the next
five years but was removed from the lis t due to the planned
clubhouse.
In addition I would like to mention that J submitted a Statement of
Operation for the period October 1 , 1992 February 28, 1993
reflecting a negative operation variance in excess of $50,000.
Since then the weather has been terrible resulting in an additional
shortfall of approximately $20,000.
My staff and myself are deeply concerned that the projected cost of
the new clubhouse is over extending ourselves and risking the
future of our golf operation.
Hoping this is to your satisfaction, we remain,
Yours Truly, 3/2</
~ ~ ce '9C7G S~i~
~ MtvU.A1. ~ ~ .
Brahm Dubin .f!!1/
BD/cmd 3-7..!5-9g
4-
1177 N.E. 8th Street, Suite 309 . Delray Beach, FL 33483 . (407) 243-8008 . Fax (407) 243-8011
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- APR-02-'93 FRI 14:40 ID:DELRAY ENU. SERUICES TEL NO:407-243-7860 \=l~15 .:'02
0.1 '02: 93 13:-13 '5'40i 585 5252 .JOH:.<SI)~,..D;\nS ~OO2
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JOHNSON.DAVIS INC.
J-l!AVY CONSiFluCTION ~M....uU1<.l. ~;NO;~C~OtJNO UTIUTlcS
604 HIll.BRATH OllllvE
~NTANA. ~LQRICA 33AS2
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April 2 I 1993
I
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,
I Mr. Jim Reynolds, P.E.
I City of Delray Beach
Emf ironmental Service~
434 S. Swinton Avenue
Oelray Beach, Florida 33444
RE: GOLF COU~SE EMERGENCY BRIDGE RE~AIR
I
Dear Mr. Reynolds:
As per request f.or proposal dated March 29, 19 9 3" we
respectfully submit the following quotation.
CAS~-IN-PLACE RETAINING WALL
LTJ'MP SUM...................... - . . . .. .. . . . . . . . . . . .. $15 , 000 . 00
I - earliest $tarting date: April S, 1993
- earliest completion date: 10 nays
- material: cast in place
- aE>proach slab (precast). will be set after hours
Proposal excludl9s a.ll peI1nits, perfonnance bond, normal
restoration, soils and concrete testing costs.
If you ehould need any further information, pl~ase
contact our office.
Sincerely"
I ~ ~}JOhnson
I'residant
I SJJ/pmc
"
! ..
.
APR-06-' 93 TUE 14: 35 I D: DELRAY ENV. SERV I CES TEL t'~I]: 407-243-7060 t:ls::::.l r.:'c'
Af"~- 6-93 TUE 13::134 r-10LLOY E: RO INC F' . 0 1
_III (305) 192.9380
MOLLOY BROS., INC.
ENGINEERING CONTRACTORS
800 NW 27th Ave. I Ft Laudltl"dele, FL 333 1
.
1)( Oelray !leach \pri.l 6,1993
'j , . swinton Ave.
I'. I,. f~each Fla. 33444
'\' 'Inwaro Wight
I~, . ' 1\ r i rlqe Repa i rs
1')( \ IlowarQ;
P"I 'l'lUr rectuest: WGl SUbmit the fOllowinq to C lnst.ruet
~~ I ,1 j 'c1I..lrSe bridglll emergency repa i t:'s.
~..~ I ,10' date to be April 13, 1993.
1~/"1J\I"tion date to be A.pril 19 I 1993.
1<1'1 I I II i n9 wall to be of ri~ rap bage.
''\1'11 'I'l<'"'h slab to be of concrete ~nct inC'll.ld(~ rip on head-
WI: , '.
F, f ';I~ phase of work, (remove old approach s 1 i! >, excavate
r ( ,) ,-pt,,~ining wall and install roan plate) tC' be c:ompleted
dl II i Iht,
:,:;.., rInd phase, (dewater and build h~ad wallo;) ;0 bf: complet.. \
'!'ll ! rq normal hours with no disruption to cat; tr5'fic.
'['i, i ,',I ;)hiiSe J (fill, C'ompact and f'crm I'.1ppror'.lct slrlb) to be
,', 'fl.t' 1 ('t~Q ~t night.
It"1 I" I', phase, (pour approaeh slab) to b\'l! com~ ,eted at nigh'
/' I I I 11 phase, (construct hano rail) to bl! c:omr .eted during
IH" lflll hours.
r. ~ . j priee: ~ 12,750.00
v"~ , . T'.U~Y~
....Uh L~'~
'rli'!1l'I1S W. Molloy
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APR-02- 'g::; r" G .'- : '.3' I D: DELRAY bi'" .:o~Jn _ i ,;C;. I EL r~O: 407-243-7060 tt505 P04
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Plan
CITY of DELRAY BEACH GOLF CART BRIDGE REPAIR
ENVIRONMENTAL SERVICES DEPARTMENT ~ EXHIBIT: 1 OF 4
~3. SOUTU SWINTON AVENUELl)IWY DRACII, 'LORWA 33..u ....-
-.-. RPR-02-' 93 FR I 07: 38 1 D: DEUr;' ENIJ. SER()l CE::S i cL... t~'':'I: .::1~J7-243-7060 1:1505 pe15
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CITY of DELRA Y BEACH GOLF CART BRIDGE REPAIR
ENVIRONMENTAL SERVICES DEPARTMENT ,~t'& EXHIBIT: 2 OF 4
.9( ~n1rrll SWINTON AVENUE, DEWY URACil, FLORIDA :13414
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-, . APR-02-'93 FRI 07:38 ID:DELRAY Eh\. - ,-t:S TEL i'4LJ;.;.;G ;.-2"k-~'060 J:l505 P06
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Retaining Wall
. CITY of DELRA Y BEACH GOLF CART BRIDGE REPAIR
ENVIRONMENTAL SERVICES DEPARTMENT _~~ EXHIBIT: 3 OF 4
J'I..t !lnlITU llWlNTQN AVgNUB. DURAl D!~~II. FLORIDA :13444
- . APR-02-' 93 FR I 07: 39 I D: DELRAY EN~I. SERI) i '.E:: ., j"..., 407-243-7(:;6L: 1=1505 P07
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. CITY of DELRA Y BEACH GOLF CART BRIDGE ..REPAIR
,
ENVIRONMENTAL SERVICES DEPARTMENT ~ EXHIBIT: 4 OF 4
l~l RnJrrff'srrHfON AVEnUE. DEWY brActr. n.oRlDA :13....
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P'/V1
SUBJECT: AGENDA ITEM tt gF - MEETING OF APRIL 13. 1993
CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/ALL-RITE
PAVING CONTRACTORS. INC.
DATE: April 9, 1993
This item is before you to approve a deduct change order in the amount
of $1,945.89 and the request for final payment in the amount of
$892.42 from All-Rite Paving Contractors, Inc. for completion of the
Cason Cottage Parking Lot Expansion project.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of Change Order No. 2 in the deduct amount of
$1,945.89 and the request for final payment in the amount of $892.42
from All-Rite Paving Contractors, Inc. with funding from 1987 Utility
Tax - Interest Earnings (Account No. 333-0000-361-10.00).
,~
Agenda Item No.:
AGENDA REOUEST
Date: April 7, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 13, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #2 Final to All-Rite Paving Contractors, Inc.
for the Cason cottage Paving and Grading Improvements (92-25). Change Order #2
Final is for final as-built plus/minus adjustments based on final field measured
quantities. Change Order #~ is for an deduct amount of $ 1,945.89. Funding
Sources are +$359.35 for 333-6111-541-61.97 and -$2,305.24 for
118-1965-554-63.11. Also, approve final payment in the amount of $ 892.42 to
All-Rite Paving Contractors, Inc.
ORDINANCE/RESOLUTION REQUIRED: YES@oRAFT ATTACHE&O
Recommendation: staff Recommends approval of Change Order #2 Final
D~partment He\~ L #L
S~gnature: ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure nf fundS)'
Funding available: ES NO
Funding alternative (if applicable)
Account No. & Descr~t~~( BAl2tJ /7J66 G3=33)
Account Balance~1 0 '
City Manager Review:
Approved for agenda: @/NO @vl
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
"
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 ( final) PROJECT NO. 92-25 DATE:
PROJECT TITLE: Cason Cottage Paving and Grading Improvements
TO CONTRACTOR: All-Rite Paving Contractors, 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:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on
field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 38,980.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 15,465.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 54,/+45.00
COST OF CONSTRUCTION CHANGES THIS ORDER $- 1,945.89
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 52,49'9.11
PER CENT DECREASE THIS CHANGE ORDER -3 %
- -
TOTAL PER CENT INCREASE TO DATE 35 %
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for All-Rite Paving Contractors, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sources are: 333-6111-541-61.97 for +$ 359.35
118-1965-554-63.11 for "';$2,305.24
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND' ~~L By:
Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
"
.
Project 92-25 Schedule "A"
Cason Cottage Paving and Grading Improvements
Change Order #2 Final
------------------------------------------------------------------------------.--------------------------
ITEM ITEM DESCRIPTION ContractAs-built +/- C. Unit
NO Qty Qty #1 QTY Price TOTAL
_____________________________________________________________w___________________________________________ .
A Original Contract
1 Clearing and Grubbing 1 1 o ls 1000.00 0.00
2 Tree Removal 2 2 o ea 150.00 0.00
3 Tree Relocation 4 4 o ea 150.00 0.00
4 Earthwork 1 1 o ls 1500 0.00
5 Swale Excavation 1 1 o ls 500.00 0.00
6 Traffic Control 1 1 o ls 500.00 0.00
7 Asphaltic Concrete Paving 830 864 34 sy 12.00 408.00
8 Stabilized Subgrade for Sod Parking 1025 1120 95 sy 3.00 285.00
9 Concrete Header Curb 385 357 -28 lf 7.00 -196.00
10 Type 'D' Curb 195 204 9 If 8.00 n.oo
11 6' wide x 6" thick concrete sidewalk 360 360 o sf 2.00 0.00
12 St. Augustine FloratamSod 13860 13495 -365 sf 0.25 -91.25
13 Striping, Signing and Wheelstops 1 1 o ls 800.00 0.00
14 Hong Kong Orchid 4 4 o ea 145.00 0.00
15 Pigeon PlllD 1 2 1 ea 185.00 185.00
16 Green Buttonwood 3 3 o ea 140.00 0.00
17 Silver Buttonwood 108 108 o ea 9.00 0.00
18 CocoplllD 96 96 o ea 9.00 0.00
19 Royal Poinciana 1 1 o ea 175.00 0.00
20 East Palatka Holly 4 4 o ea 175.00 0.00
21 Diahoon Holly 2 2 o ea 160.00 0.00
22 lxora 66 66 o ea 9.00 0.00
23 Myrsine 65 65 o ea 9.00 0.00
24 Lt. Pink Pent as 50 50 o ea 3.00 0.00
25 live Oak 4 4 o ea 225.00 0.00
26 Variegated Liriope 150 150 o ea 4.00 0.00
27 Design-build irrigation system 1 1 o ls 4500.00 0.00
28 Testing lab Allowance 1 0.59 -0.41 ls 750.00 -303.40
29 Indemnification 1 1 o ls 10.00 0.00
B Change Order #1
1 4" Concrete Sidewalk 5000 5000 o sf 1.42 0.00
2 6" Concrete Sidewalk 1600 425 -1175 sf 1.70 -1997.50
3 Sawcut Pavement 180 180 o sf 0.25 0.00
4 Pavement Removal 900 100 -800 sf 2.50 -2000.00
5 Sidewalk Removal 900 1250 350 sf 1.20 420.00
6 Sidewalk Excavation/Compaction 1200 1200 o lf 1.10 0.00
7 Swale Grading Q City Attorney Office 160 sy N. J. C. 0.00
8 Maintenance of Traffic 1 1 o ls 700.00 0.00
9 Layout 1 1 o ls 250.00 0.00
10 Misc Removal Allowance 1 1 o ls 2000.00 0.00
11 Irrigation Extension Q City Atty Office (Bimecap) 1 ls N. J. C. 0.00
12 Sodding Q City Atty Office (Bimecap) 160 sy N. J. C. 0.00
13 Sodding from City Atty to NW 3rd St 0 5783 5783 sf 0.22 12n.26
---------
Net total deduct Change Order #2 final -1945.89
=========
'.
j
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIr/1
SUBJECT: AGENDA ITEM # FIG - MEETING OF APRIL 13. 1993
RESOLUTION NO. 31-93
DATE: April 9, 1993
This is a resolution assessing costs for abatement action required to
board up an unsafe building located on property at 347 S.E. 3rd
Avenue. The resolution sets forth the actual cost incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $61.73 remains unpaid.
Recommend approval of Resolution No. 31-93 assessing the costs to
board up an unsafe building on property at 347 S.E. 3rd Avenue.
,
,
~_.~-----_..- ..-------.--.-- ..--.-.--....-.-.- -------...--.-- - -----..
---. --
RESOLUTION NO. 31-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE C'I TY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances i and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30 )
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
'~
-----_.__.~ ~._----.-~--------------- -------_._~--_. -- - - --
------ . ---~--
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said asses-'ent(s) , after which a lien shall be
placed on said property(s), and in~erest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- "l - 0....,,... ,. - .., , "..,
.,
NOTICE or ASSESSMENT
Date
TO: Thomas S. McDermott
ADDRESS: 4905 Pineapple Tree Dr., apt. 210, Boynton Beach, Fl 33436
also 347 S~ 3rd Avenue, Delray Beach, Fl 33444
PROPERTY: 347 SE 3rd Avenue. Delray Beach. Fl 33444
LEGAL DESCHIPTION: Lot 12, Block 96, Linn's Addition to Osceola Park according
to Plat Book 3. Pa~e 2 of the official records of Palm Beach County. Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $61.71 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-1-93
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and tllat the action
would be initiat~d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the deci~ion of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsufe condition exlsting on the above-described property on 2-22-93
at a cost of $61. 73 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'~
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
.
City Clerk
.
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t9tf
SUBJECT: AGENDA ITEM # ~H - MEETING OF APRIL 13. 1993
RESOLUTION NO. 32-93
DATE: April 9, 1993
This is a resolution assessing costs for abatement action required to
board up an unsafe building located on property at 34 N.W. 3rd
Avenue. The resolution sets forth the actual cost incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $965.03 remains unpaid.
Recommend approval of Resolution No. 32-93 assessing the costs to
board up an unsafe building on property at 34 N.W. 3rd Avenue.
'.
,
___.____u,_______ _ .___,_______ ______.__. __ ~______________.__,_._ __'_0 -------._,----~-~----------------
- ~--~-- ------ - ----------~" - ------ ---.-.- -- ---- - - -~----. ------- ---- ------
- - ----------- ---
RESOLUTION NO. 32-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
\ FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTSj PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID. ASSESSMENTSj PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inancesj and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
. the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolishedj work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30 )
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said noticej and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
'~
.
~----_._-_._~.--------------. ~-~-- --- .._-._----. -~
______ ~_____.~.___._____.__ _____n______________ _~.____~___.._.____,~_. __ ___________~_______ _____.u_.___. ______~____ ----------- ---
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by pertified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6% ) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 32-93
..
NOTICE OF ASSESSMENT
Date
TO: Days Richardson and Willie Mae Richardson
ADDRESS: 34 NW 3rd Avenue, Delray Beach, Fl 33444
1"0 Box 2.363, Dt!lr: ay at!ad., Fl 33444
PROPERTY: 34 NW 3rd Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lots 7 and 8, Block 36, Town of Delray according to Plat
Book 5. Page 38 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $965.03 by resolution
of the City Commission of the City of Delray Beach, Florida, dal:ed
, 1992, has been levied against the above-described property.
The costs were incurred as a reSlllt of a nuisance abatement action
regarding the above-described property. You were given notice on 2-23-93
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiat~d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although YOII were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
YOll appealed the deciliion of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the B\lilding Official to the Board
of Construction Appeals on . The 80ard of Construction
upheld the decis1.on of the Building Official.
,The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the ahove-described property on 2-26-93
at a cost of $965.03 which includes a ten percent 00%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
"
.
,
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
.
City Clerk
~
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # g:r.... - MEETING OF APRIL 13. 1993
RESOLUTION NO. 33-93
DATE: April 9, 1993
This is a resolution assessing costs for abatement action required to
demolish an unsafe building located on property at 35 N.W. 13th
Avenue. The resolution sets forth the actual cost incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $2,541 remains unpaid.
Recommend approval of Resolution No. 33-93 assessing the costs to
demolish an unsafe building on property at 35 N.W. 13th Avenue.
'.
.
------.-'. --.--- --,-
RESOLUTION NO. 33-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
. the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30 )
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
.
,
- _._-.~ -------- ---- ---~ ----------- -~-------------
- --
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6\) per annum,
plus reasonable attorney's fees and otner costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6\) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6\, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 33 - 9 3
'~
NOTICE OF ASSESSMENT
Date
TO: Bertha Palmer
ADDRESS: 35 NW 13th Avenue. Delray Beach. Florida 33444
.
PROPERTY: 35 NW 13th Avenue. Delray Beach. Florida 33444
LEGAL DESCRIPTION: Lot 16. Block 1. Atlantic Park Gardens Delray according
to Plat Book 14. Page 56 of the official records of Palm Beach County. Florida
You. as the record owner of. or holder of an interest in. the above-
described property are hereby advised that a cost o~2.541.00 by resolution
of the City Commission of the City of Delray Beach. Florida. dated
. 1993. has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 11-24-q2
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiat~d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-19-92
at a cost of $2.541.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days. that cost shall
be recorded on the official Records of Palm Beach County. Florida against
the above-described property.
~
.
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION,
.
City Clerk
~
,
-,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f'J11.
SUBJECT: AGENDA ITEM # ~~ - MEETING OF APRIL 13. 1993
AWARD OF BIDS AND CONTRACTS
DATE: April 9, 1993
This item is before you to approve the award of the following bids and
contracts:
1. Advanced Life Support Vehicle - Fire Department - Southern
Ambulance Builders, Inc. in the amount of $83,122 with funding
from Garage Automotive (Account No. 501-3311-591-64.20/$73,122)
and Special Project Fund Reserved for Fire Rescue (Account No.
115-0000-248-64.00/$10,000).
2. Concrete Meter Boxes - Public Utilities - Hughes Supply Inc.
(term contract) in the estimated annual amount of $12,954 via
Palm Beach County Bid with funding from Water Distribution
General Operating (Account No. 441-5123-536-52.20).
3. Rental Rehab Program - 144-146 S.W. 2nd Avenue - MJD
Construction Services in the amount of $11,940 with funding from
Community Development Block Grant - Rental Rehab (Account No.
118-1975-554-49.19).
4 . Housing Rehab Program - 705 N.W. 1st Street - Gary Purr in
the amount of $14,005 with funding from Community Development
Block Grant - Housing Rehab (Account No. 118-1963-554-49.19).
5. Photographic Supplies - Various City Departments - Photoline
Supplies, Inc. in the estimated annual cost of $17,513.90 with
funding from All Funds- Photo/Microfile Service (Account No.
XXX-XXXX-XXX-34.70).
6. Replacement Vehicles - via State Contract - various vendors
in the amount of $110,825 with funding from Garage Automotive
(Account No. 501-3312-591-64.20):
-One ( 1 ) Ford F-250 Pickup - Duval Ford - $14,304
-One (1) Ford Bronco - Duval Ford - $17,408
-One (1) Chevy Cargo Van - Nimnicht Chevrolet - $12,146
-One ( 1 ) Ford Taurus - Duval Ford - $11,584
-One ( 1 ) 16 Ton Dump Truck - Atlantic Ford Trucks-$55,383
Recommend approval of the award of the above bids and contracts with
funding as indicated.
'.
,
.
. .
Agenda Item- No. :
AGENDA REQUEST
Date: Februarv 18. 1993
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: March 10" 1993
.
Description of item (who, what, where, how much): Purchase of an
advanced life support vehicle and option 8.1.4 from Bid 92-20.
(Example: ,Request from Atlantic High School for $2,QOO to fund
project graduation).
, ORDINANCE/- RESOLUTION REQUIRED: . DEf(NO Draft Attached: YES/NO
Recommendation: Recommended a~~roval with funding from Vehicle,
Replacement Account #501-3312- 1-64-20 ($73,122), and ParamedlC
Rescue Account #115-0000-248-64.00 ($10,000) for a total of $83,122.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
, V~ '\S.,\,
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available, ~ NO
Funding alte~native : ~I ~ 2i~ t.. S-q ( . /Ptt _UJ ?1(if applicable)
Account No. & Des~tion: A~-~~~(Jf' Vb
Account Balance: 5OD.
City Manager Review: j
~pproved for agenda: @; NO (1l-!
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.,
,
. ')1(
[1fG1
[ITY DF DELIAY BEA[H
100 N.W, 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING, APRIL 13, 1993
BID AWARD - FIRE/RESCUE VEHICLE
DATE: April 8, 1993
ACTION
City Commission is requested to approve the purchase of one ( 1 )
replacement advanced life support rescue vehicle from Southern
Ambulance Builders, Inc. of LaGrange, Georgia in the amount of
$83,122. Funding to come from General Fund Vehicle Replacement
Account #501-3312-591.64-20 ($73,122) and Paramedic Rescue
Account #115-0000-248.64-00 ($10,000).
BACKGROUND
The vehicle being purchased will replace fleet unit F8767, a
1987 EVE/Ford with 58,095.8 miles on it, on the front line. The
vehicle being replaced (EVE/Ford) is approximately six years
old. Useful life for a front line vehicle, per our survey, is
approximately 5.81 years. A maintenance record of this vehicle
is attached, as well as an analysis of vehicle condition.
The EVE/Ford chassis has a weight limit of 11,000 lbs. Existing
load, without employees, is approximately 10,300 Ibs. Due to
the vehicle weight limits, age, and condition, we are
recommending replacement. The old vehicle will either be used
for its trade-in value or auctioned, depending on which method
is most economically advantageous. Southern Ambulance Builders,
Inc. has agreed to extend its pricing under bid #92-20 until
July 1, 1993. The new vehicle will meet new K.K.K. 1822-C
requirements. Funding of this vehicle will affect the balance
of funds available for other vehicle replacement.
RECOMMENDATION
Recommend award of purchase of one advanced life support vehicle
to Southern Ambulance Builders, Inc. in the amount of $83,122
per funding designation from bid 92-20.
RAB:kwg
Attachment
THE EFFORT ALWAYS MATTERS 8'37.
..
[ITY DF DElIAY BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 18, 1993
SUBJECT: REQUEST FOR CITY COMMISSION APPROVAL FOR AN
ADVANCED LIFE SUPPORT VEHICLE
We are requesting the purchase of one (1) advanced life
support vehicle from Southern Ambulance Builders, Inc. of La
Grange, Georgia. Our last purchase from this firm was part of
a joint venture between the City of Delray Beach and the city of
Boca Raton in which we developed joint specifications and
benefited from increased purchasing power on a per unit basis.
As part of their current bid Southern Ambulance Builders agreed
to hold the bid price for additional units through April 1, 1993.
The vendor will also absorb any increase in the chassis price as
well as manufacturing price increases occurring since our last
order.
This purchase in the amount of $83,122 includes the base
unit price of $83,000 and option 8.1.4 in the amount of $122.
This will be funded by the Vehicle Replacement Account in the
amount of $73,122, and our Paramedic Rescue Account Gift Trust in
the amount of $10,000. The Paramedic Rescue Account is funded by
individual gifts as well as donations from homeowners groups,
etc. throughout the community.
\(~ '1;. tt- -
Kerry B. Koen
Fire Chief
KBK/tw
cc: Ted Glas, Purchasing Officer
Robert Barcinski, Assistant City Manager
Richard Corwin, Deputy Dir. Public Works
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243- 7400 . FAX 407/ 265-4660
'.
. ~jU4 ft!;!
AS FE'S 2,~ 1993
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: ROBERT BARCINSKI
ASSISTANT CITY MANAGER
FROM: M.B. WIGDERSON
ACTING FIRE CHIEF
DATE: FEBRUARY 23, 1993
SUBJECT: REPLACEMENT OF ADVANCED LIFE SUPPORT VEHICLE
We are requesting the purchase of one (1) advanced life
support vehicle from Southern Ambulance Builders, Inc. of La
Grange, GA. This purchase will replace unit F8767 which is a
1987 EVEjFordjM1026 Vin #lEDKE3016HHB81263 with 58,095.8 mileage.
This vehicle will be offered as an option to trade in or will be
place in our City auction. This purchase is part of our vehicle
replacement cycle and is necessary at this time to meet K.K.K
1822-C requirements for advanced life support vehicles as well as
providing us with the newest technology available.
A'P[J!~1~
M.B. Wigderson
Acting Fire Chief
MBWjtw
FIRE DEP.L\RTMENT HEADQUARTERS. 101 WEST ATLANTIC A VENUE. DELRA Y BEACH, FLORIDA 33444
407/243-7400. FAX 407/265-4660
'.
'.
. . ~ tl DW UZf 5".,., bL{ {
3ft!'
-
REPAIR HISTORY - RESCUE F8767 - 2/24/93
DATE PROBLEM/COMPLAINT VENDOR DOWNTIME COST
5-10-89 Alternator not charging, In House 1 day 140.00
replaced
5-30-89 Water pump seized, replaced Wallace 1 day 100.00
10-2-89 Gauges not correct, replaced In House 30 min 14.00
voltage limiter
5-11-90 Fuel injectors leaking, re- Wallace 2 days 125.00
placed return 0 ring seals
10-1-90 Fuel water separator leaking, Goodman 1 day 48.00
replaced
5-21-91 Transmission won't upshift Wallace 10 days N/C
6-18-91 Transmission won't upshift Wallace 1 day N/C
6-24-91 Transmission won't upshift Wallace 4 days N/C
11-6-91 Brake pedal goes to floor, Wallace 1 day 100.00
replaced master cylinder
1-14-92 Air conditioning not working, Rite Radia- 3 days 234.00
replaced expansion valve, re- tor A/C
seal joints
2-25-92 Coolant & oil leak, replaced Wallace 3 days 100.00
cylinder head gaskets
5-6-92 Rear end bad, rebuilt rear end Wallace 4 days 100.00
9-14-92 Transmission not shifting, Wallace 7 days 1371.00
rebuilt transmission
10-23-92 Transmission won't upshift, Wallace 49 days N/C
rebuilt transmission
1-26-93 Transmission won't upshift, Wallace 16 days N/C
rebuilt transmission -/~fA-i <~ d:; 3 3~~:oD
Downtime - 103 days
5'f I ot;?S". ~
Current Mileage - ~ miles, or approximately 9,570 emergency responses.
Engine hours - 5235 hours, or the equivalent of 218 continuous 24 hour days.
'.
.
.
,
Page 2
Repair History
Rescue F8767
This unit was purchased in 1987 and was in first line service at Fire
stations 1, 3 and 4 until June of 1992, at which time it was assigned as a
replacement (reserve) unit. since that time it has served as a replacement
for first line units at Fire stations 1, 2, 3 and 4 and at special events
and activities such as the 4th of July, Delray Affair, Atlantic High School
athletic events, Hurricane Andrew, etc.
None of this documented "downtime" relates to body work or vehicular
accidents. Approximately 80% of this downtime has occurred in the past 12
months and this has seriously impacted on our "replacement" capability. In
addition, this unit has been out of service for routine and ordinary
maintenance, scheduled oil and lube service, as well as tire replacements,
etc. throughout its service life.
,~
.
l/(/\
MEMORA.:'WUM
To: Kerry Koen
Fire Chief
~
Thru: llichard Co.win ~
Deputy Director Environm ' ServIces
From: Richard V. Sandell
Fleet Facility Maintenance Superintendent
Date: April 7, 1993
Inspection of vehicle #8767 was completed by Dan Pattavina and myself on 4/6/93 with observations and
recommendations as follows:
l. Coolant leaks at block heater and radiator hoses,
2. Oil leaks at right SIde of engine. These leaks may have been repmred but not properly cleaned,
3. Radius ann bushings, sway bar bushings, shock absorbers, and king pins worn out. front end
needs to be rebuilt and aligned,
4, Rear tires mis-matched, new larger tires on left side of vehicle, should be reversed to offset
nonnal street slope to curb side.
5. Metal in rear axle lube. Drained lube, metal appears to be left over from previous repair, rear is
tight.
6. Battery cable connections are wrong type, Original ends should have lasted with proper
maintenance,
7. Rear springs need to be rebuilt and capacity increased to carry constant load,
8. Front seats are broken down and fabric is tom. Should be replaced.
9. No records on brake service, Should rebuild all replacing rotors and drums if indicated.
10. Engine glow plug controller not working properly. Repair/replace for better starting,
11. Repaint and re-letter vehicle to upgrade appearance and maintain body Replace faded lenses.
This vehicle shows only nonnal wear, no structural problems in the frame. crossmembers. or other
mounting devices. Out of Service time relates to poor \vork by Wallace Ford in getting the transmission
rebuilt. Now that the transmIssion IS 1Otal1y rebuilt there should be no further problem m that area, ThIS
is a proven good transmission, The engine is sound, If the body meets the current reqUIrements for work
space we would recommend expenditures totaling approximately $6.000.00 to maintam this equipment in
service for a minimum of 100,000 miles,
cc: Richard Corwin
Daniel Pattavinn
'. "I'
CURRENT LIFE CYCLE
PARAMEDIC RESCUE UNIT
PALM BEACH COUNTY
Number Age/Milage
Department of units Replaced
Boca Raton Fire Department 6 5 years
Boynton Beach Fire Department 4 5 years
Lantana Fire Department 3 5-6 years
West Palm Beach Fire Department 7 5 years
Riviera Beach Fire Department 3 5 years
Palm Beach Fire Department 3 7 years
Royal Palm Beach Fire Department 3 7 years
Palm Beach County Fire Department 31 7 years
AVERAGE 5.81 years
'~
.
SOUTHERN
833 Ntow FrsnkJJJJ Rd., P.O. DraWCT 949, LrtGnng,;, GA :]1)241
OIl~C U.S.A. or Local: (106) ~-()136 FIx ('f06) 8IJ4.!J906
ToD Frr!e US 1-8(J()-M1-23l)f
April 8, 1993
Delray Beach Fire Dept.
101 W. Atlantic Ave.
Oelray Beach, FL. 34443
Atten: Chief Kerry Koen
Dear Sir,
southern Ambulance Builders is pleased to extend the terms,
conditions, and specifications of bid # 92-20 thru July 1, 1993,
absorbing the cost of any chassis increases.
Sincerely,
~~/:JJ
Ron Smith
District Sales Manager
Southern Ambulance Builders
AmbuJ,1nce Rescue f~ )r,.~ WMdchair Export
\I dlicJcs {/dliclcs A ppi1ri,1 Wi Vans S~~f1
~
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Agenda I tern No. :
AGENDA REQUEST
Date: March 30, 1993
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: April 13. 1993
Description of agenda item (who, what, where, how much): Contract Award -
Concrete Meter Boxes - Term Contract for Public Utilities
ORDIHAHCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
at an estimated annual cost
MIl
!'
Signature: ~ ,~
r:,,9-&~<-r // yda. {~
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
~
Funding available: E V NO
Funding alternativ . (if applicable)
Account No. & Description: 41-1-512&-6~.52'--2.0 wit: D/5re .Gmvc:PE;(2ftTltJf1
Account Balance: 2..1.'s01.
,
City Manager Review:
Approved for agenda: (~/ NO f11v1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,. ',1>
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~---
FROM: Ted Glas, Purchasing Officer ,~~
DATE: March 30, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 13, 1993 - PURCHASE AWARD -
CONCRETE METER BOXES - TERM CONTRACT
Item Before City Commission:
The City Commission is requested to award a contract to Hughes Supply,
Inc., for concrete meter boxes, at an estimated annual cost of
$12,954. Per the Finance Department, funding is from:
( ) .
Background:
Funds were allocated in the FY 92-93 Water and Sewer Fund to purchase
concrete meter boxes used to house water meters. A total of
$ is budgeted for this purchase.
Meter boxes are available via Palm Beach County Bid #93-006/MH, per
attached documentation.
The Deputy Director of Environmental Services/Public Utilities and
the Superintendent of Water/Sewer Network have reviewed the contract,
and recommend award to Hughes Supply, Inc. for concrete meter boxes,
per attached memo.
Recommendation:
The Purchasing Officer concurs with the Public Utilities Division, and
recommends award to Hughes Supply, Inc. at an estimated annual cost of
$12,954.
Attachments:
Memo from Public Utilities
Documentation on County Bid #93-006/MH
pc: William Greenwood
7). :J. d .
,
.
,..
MEMORANDUM
Revised 3/25/93
TO: Ted Glas
Purchasing Officer
THRU: George Abou-Jaoude (}k
Deputy Director/P.U.
FROM: Michael S. Offie
\ Supt. of Water/Sewer Network
SUBJECT: CONCRETE METER BOXES (441-5123-536-52.20)
DATE: March 12, 1993
The following list of meter boxes are the estimated quantities
required for the contract period through February 1994.
Meter box, consisting of body, concrete cover with cast iron
hinged lid, as follows:
QUANTITY li..... TOTAL
1 ) 12" X 20", for 1" water meters; 390 $17.54 $6,840.60
No. 37-H or approved equal
2) 13" X 24", for 1 1/2" water meters; 60 $34.86 $2,091>.60
No. 38-M or approved equal
3) Lid, meter box C/I 36-T 40 $16.61 $ 664.40
4 ) Lid, meter box 38-H 50 $18.66 $ 933.00
5) Lid, meter box 38-5TL-C & L 04 $94.88 $ 379.52
6) Lid, meter box C/I 37-T 40 $23.46 $ 938.40
7) Lid, meter box 37-H 50 $ 9.33 $ 466.50
8) Lid, meter box 36-H 80 $ 8.00 $ 640.00
/'
TOTAL: $12,954.02
I recommend piggy-backing Palm Beach County's contract, awarding
Hughes Supply as the lowest responsive bidder meeting
specifications.
7Hd",# ~~
Michael S. Off e
Supt. of Water/Sewer Network
MSO:pw
'.
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.'. - '. - . - ~"- . - ._.._-,_.~-
, .
BID RB-CAP SHEBT Form r
BID , 93-006/KH BID T!TLE neter Boxes, Covers i Lids 8UYER Kike Bauer
SUPERCEDES BID f
unuu
DATE POST CARDS GENERATED 09/14(9~ -XL DATE EViL. SENT To DEPT.
DATE PRE-BID CONrlRINCE - DATE DEPT. EVAL. RETURNED
DATE ADDENDUK(S) SENT DATE POSTING APPROVED
DATE BID OPENED 10/04/92 ~ DATE/TIME BID POSTED
DATE EVIL. TO 0.1.0. 11/02/92 ---IL DATE/TIKE BID REMOVED
DATE IVAL. FROM'O.E.O. ll/19/92 MH DATE RECAP SENT TO O.E.O
~;-;;i~;-;';;;;;;;=;;;;;;;;;-;;:;~2fTq~;==;~.1tlircr{~-;;;~-;;;;;;:~;;;;;:~;~-========i2=~=
LIST BIDDERS rROK LOVEST PAYMENT DELIVERY RECOKKENDATIOH
TO HIGHEST BID TERKS A/RIO TOTAL OFlER "KEY" ONLY
Concretfl Boxes ~
Hughes Supply N/10th Pro 2-4 Vaaks S 98,696.50 ( 1 )
Brooks Products N/30 As Req'd $112,880.00 ( 2 )
Davis Meter --- --- $129,811.70 ( 2 )
B , H Sales NO BID
FergusoQ Underground NO BID ,
Partial Bid ,
,Nobe Associates
Polyaar Boxes
,
Davia Meter --- --- $146,385.00 ( 1 )
Bughes Supply N/10th Pro 2-4 Veeks $147,555.00 ( 2 )
Robe Assoe. N/30 --- $184,715.00 ( 2 )
B , H Sales M/I0th Pro --- $187,450.00 ( 2 )
Ferguson Underground N/lOth 3 Weeks $190,875.00 ( 2 )
Brooks Produets NO BID
KEY(S) FOR RECOMMENDATION:
(1) RECOHKEND~D AWARD TO LOWEST RESPONSIVE BIDDER(S) MEETING SPECIFICATIONS
(2) NO AVARD, NOT ItI.OWEST" RES}lONSIVE BIDDER.
(3) ~AVARD, HaT RESPONSIV~ TO BID.
RECOMMENDED AVARD TO CERTIFIED K/VBE? YES - NO
IF NO TO ABOVE. RECOMMENDED BIDDER RESPONSIVE TO K/WBE REQUIREMENTS? YES NO -
IF YES TO ABOVE, TOTAL DOLLAR VALUJI.: OF K/VBE SUB-CONTRACTING OPPORTUNITIES ONLY: $
.-- i
DOES EVALUATING DEPARTMENT CONCUR WITa RECOMMENDATION? YES_ NO_
REKAlUtS 1
'~
'-- --- - - ... - - ...- a _ ,_ _' . -' "- -- - - - ~, ... - -.- , '--
, . )~ l{ '}~ @
\ Q'
.
8ID PROPOSAL
lID '93-006/HB
KETER BOX: consisting of bOdy. concrete cover with cast iron hinged lid: as
follows:
I TEll UNIT OFFER r.O.B.
NO. DESCRIPTION QUANTITY PRICE D!STINATION
sJ <1 'D ~
L 10 1/2" X 17 1/4u, for 3/4" vate~ 1500 $ drl0~'-
meters No. 36-8 or approved equal.
Brand offered 1) f?,..cn ~")
$ rl~ co
2. 12" x 20", for 1" water aeten No. 400 $ '76 i <..0 ,-
37-H or approved equal.
Brand offered t3~QQ~~
3. 13" x 24", for 1 1/2" water !leters 10 S "3c..l~ $ 3<-1 ~.~d
No. 38-M or approved equal.
Brand offered "'8 R.. C\ C} It.~
4. 15 1/2" x 17 1/2", for dual aeter5. 1500 aa~ '3'7 ,3'.-~
$ S d ..;.,~
Dual H-4 or approved equal.
Brand offered "Ii ll..nr, ~
COVER, Concrete: with c..t iroa hinged li~ as follows:
00 t~(,)() ~
5. 10 1/8" X 15 3/8" with 4 5/8" 200 S $'... $
x 7 5/8" lid. No. 36-H or
approved equal.
Brand offered-.$. ~,r'. L~
'33 C ~ ':1 0(.)
6. 11 1/4" x 18 1/8" with 4 5/8" x 100 $ 9 '- $ ( r ~ '-
7 5/8" lid. No. 37-H o~ approved equal.
Brand offered ~~~j ~\ ,-
sJ14' .,' .~()
'2, '3 -
1. 13 3/4'" x 23 1/4-- with 5 1/2" x 20 S .~ ,
7 5/8" l.id. No. 38-" or approved equal.
Brand of feredJ. \...6C) ls
8. 14 9/16" x 16 9/16" with , 1/16" x 100 $ \ Z-z.~ $ \ ;~J..q~~
5 3/4" lid. Dual H-4 or approved equal.
Brand offered :a.~c' I "-..) ,
'- ,
8
\ \
;
.,
r~--,'-' ';:j,) l'lUN 1d; 13 lD: PURCHASING FAX NO:407-233-1511 ~050 P04
. (;""")
. ..':.- '
BID PROPOSAL
BID 193-006/MH
ITEM UNIT OFFER r.o.S.
~ DESCRiPTION QUANTITY PRICE DESTINATION
9. FO,r 17" X 28" lIeter box Ro. 65-H 50 $ /) a ~o $ 1 ~ c.fO~<:1
or approved e~ual.
Brand offered J.3."-.OO ,,~
l(c (pJ 00
10. COVER, Cast iron; 10 l/S" x 15 3/8" 100 $ s 1~&ll..-
No. 36-1 or approved equal.
Brand offered ~~OO k-1
$&3~ O~
11. COVER, Cast Iron; 11 1/4" X 18 lIS" 50 $-.J \1:3 ,--
No. 37-T or approved equal.
Bl'and offered 1LOC\ ~
s Ol '1 ~(:, \)1'.)
12. COVER, Cut Iron; 14 9/16- x 16 9/16", 300 $ SX1 ~y':'-
with 9 1/16" X 5 3/4" cast iron hinged
lid. Dual 8-4T or approved equal.
Brand offere4~: rY"\ Ie.:i .. <)a I
' ?) t..4~ 'f~ .-
r 13. COVER, Steel: 11 3/8" x 26 7/8'" with 50 S~ $
, 7 1/2" diam.eter steel reading lid. ,
~
I No. 38-811., or approved equal. .
I Brand offered3 ,.....("Ie" ~J .
~ I) 5J &"0
!r t 14. tID, Steel Reading; ~oYn4: 7 1/2" 50 $ ex (l' ~ ---
diam.etar-. No. 38-STL.or approved equal.
1 {i, ,
t Brand offered ,,-C.X"\ Ic.s
l ~} 5" c(Jc
:! 15. LID, Concrete; round, 6 1/8" dial\eter. 50 S $ . .f'~
No. 36-R or approved equal. I
-----;)
" Brand offere4_b \..c.."ll \ h~
~
:1 / \~ ,J> 8'102
16. LID, Concrete, recta~le; 5 1/2" x 50 S $ I
..
9 1/8". No. 36MS or ipprove4 equal.
I ~ I
'-) 1 I
Brand offered h ~ t~~\ (..S
~i~ $3Ocu. 00 I
17. METER BOX; 17" x 30"; consiating of 200 S ~ /'lY- 1
'<:1',
, , body, concrete cover with concrete lid; j
,.; , for 2M & )" water meters. .0. 66-2 or "
f
J:'I -.- '\ approved equal. \
Brand' Offered3 ~ ~~) I~ "
'1' I,
.,
~:f )1
"I i
I 9 I
\
'.
2-'93 MaN 12:14 1D:PURCHASING t- Hl\ I iU; -II:..! I (;..-'-' ~ _ ~ _
..
c3)
BID PROPOSAL
BID '93-006/JII8
[ UNIT OFFER F,O.B.
- DESCRIPTION QUAlfTITY ~RICE DESTINATION
COVtR, Concrete: 17 1/2" x 30 1/2>> 50 $ \9:3 $ Gj('{~ .~O
with 8 3/4" x 14 1/2" concrete lid.
No. 66-S or approved equal. ; ~ ~
1) :LGl.i..l Y-S ;/
Brand offered OJ
:' ~
ii
.~ ';;6
COVER, Steel; 21 3/8" x 34 1/4" with 30 S (0<(- s 3 ;4 oS. ~ ..,
7 1/2" diameter steel r8adin~ lid.
No. 66-STL or approved equal.
Brand offered [iL ,.:!... '::) ~ ! :
3~.J ;._;
i f?d ~o !
LID, Concrete; rectangular: 8 3/4" SO S - S I
x 14 1/2". No. 66-8 or approved equal. 1'!,
J j
Brand offered tLA-.CX':) k..s. 'J
",
$ 1131 10 :;
LID, Steel: round; 7 1/2" diameter; 30 $ S ,q.-
,
3/4" diallond plate. No. 66-STL or 1
approved equal,
~ '-..CX:-J ls.
Brand offered if
I,
:\'.
Brooks Products Dumbers'sboWD above. 1',.
If"'bidding..alternate, indicate aanufacturer . I, .,.:^':.,.'.,.,.'".., '.
'.
and part nuabers). ;,.
-
$ <J7~C) s 3d cJCY) eV.l I,
:I ~eter box, polymer, ./cover , lid, 700 :l
.. j ~
for 3/"" lfater meters. CDa'WBOO-101S-12 'i
'.
1-1011-23. or approved equal. 'I
!;:
, .;
80lt down opt1on: S ~~- I I
lea. ' ',I
II
Br,nd offered r.~ {( :::
.,
~() I
~t) I
3- Keter box, polymer. w/cover & lid, 200 $ ~(,- s...:-5300 .- 1'1
for 1" water ~eters. CDR'WBOO-1118-12. : \"
" ,
WCOO-1118-2C, or approved equal. .. ~.
"I
~- i6 r
Bolt down option: $ 3- lea.
8rand offered C~~ 11
Ii
..
". j
\
'I
10 j'
~.
~
., L
.
. -
FEE-22-'93 MON 12:1~ 1 1) : r-'UKLt1H.,:, 1I'~L:l r Hr", I "iU. ---P_' I o::........J__' .A. -.J.... ..I.. " - -.- . -,
.
I S~ 1
't: ,
,
BID PROPOSAL
BID 193-006/KB
ITEM UNIT OFFER F.O.B. .f:
NO. DESCR~PTION QUANTITY r.lli! DESTINATION ;~
OV 00 . '.
31. 1-1/2" WCOO-1324-2C, cover ,,/binged 50 S~ $ h20 S-O .~ r
'''I
lid. tl'
S YCo ~ t'O ;~I
32. 2" ~COO-1730-2C, cover w/hinged 150 $....:]0 ~~ S-
!;
lid. , Sl) .~
TOTAL OITER ~ .O.B. DEST: $ d~~ as \ -
k~ il
PAYKERT 'l'ERKS: $ Nt-\ J 0 ol_ tU,)! i
DELIVERY: .i. "uJ J<..s ~. R.6
II a notarized PUblic Entity Criae Affidavit on file with Palm Beach County
Purchasing b.tw..n the dates of 01/01/92 and 12/31/92, per Term and Condition 19? ;;
(If yes, no additional a~vit ia required.) l~~ '
YES' ffO' ,-
! '
.
ARE ALL K/VBE SCHEDULES COMPLE'rED UD IRCLUDED OR THE SIGNED STATEUR'l' OF BON- t-I
K/nr.: PARTIt:IPATIOIl FORII (IF APPLICABLE) I ~1RJf. AlfD CONDITION '-H-?
YES .0
(
.
;___:;_==;g~..=~=====~~~~====...s.._._..~=========c=~~~=======___=_;~n=e===_=~
.. I
,
VDDOl lEPRESEUTS THAT BE/SHE IS A PALl! BEACII COUBTY CERTIFIED;
Blaok)finority B\lsiness Ent. ( ) Women Business EDt. ( )
Hispanic Minority Business Ent. ( ) Other Minority Business Ent. ( )
Non-Minority Vendor jX) Specify
......a2.=~====~~___~~=~~==========_...a====~~~aE=====~~==~~==~=..=====~=._~..
,
i
· PI....EA.SE AF'.F:J:X SIGNATURE 'WHERE :J::NDJ:CATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION or YOUR BID)
J} l:
NAME OF F1RM:
W SIGNATURE: I
;
ADDRESS:
TELEPHONE: <"/1>7) -;6:75 5(;CJt) ~ ~
:1
, ~
STATE LICENSE I COUNTY LICENSE i
(l:;~IICd~ (I' ,,,UClal II ,
I LICENSE TYPE: '.
f CITY LICENSE I 33) ... '-I 09CY' / "
I (II ."IICHIII i
! I
I
.
- ,
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1...
'I
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: MARCH 24, 1993
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: APRIL 13, 1993
Description of item (who, what, where, how much):
CASE' ADDRESS RR ANT. GRANT AMOUNT
91-009RR 144-146 SW 2ND AVE. $11,940.00 $11,940.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT RENTAL
REHABILITATION PROGRAM GRANT AWARD AND CONTRACT AWARD FROM ACCT.
#118-1975-554-34.65 INVESTOR'S SHARE AND ACCOUNT #118-1975-554-49
.19 RENTAL REHABILITATION SHARE
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~atL/ ~ i2.2'~ f
f / ,r--- " :..>
<'". ,-f _~
!
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~NO
Funding alternative : (if apPliHOble)
Account No. & Desc~tion: -Jfl3:11S--S;.~+.4Zf:-J~ 12~. US/IJ~f2Ef-tA:B
Account Balance: I ,aDf
City Manager Review:
Approved for agenda:~/NO f1I1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ()i-(? '
</
FROM: Ted Glas, Purchasing Officer ~~
DATE: April 05, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 13, 1993 - BID AWARD - BID #93-23
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award a contract to the low
bidder, MJD Construction Services, for rental rehabilitation proj ect
as listed below, at a cost of $23,880. Per the Finance Department,
funding for the City's participation is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on rental rehabilitation projects, with funding from their rental
rehabilitation budget.
Property Contractor Amount
144-146 SW 2nd Ave MJD Construction Svc's $23,880.
(The City's Share - $11,940)
The Community Development Coordinator and the Director of Community
Improvement have reviewed the bids, and recommend award to the low
bidder, MJD Construction Services.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to the
low bidder, MJD Construction Services, at a total cost of $23,880.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc: Lula Butler
'6^..:J:3.
,. \,1.
,
I M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT le)
DATE: MARCH 24, 1993
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
ITEM BEFORE THE COMMISSION
This is to request approval of one Rental Rehabilitation Deferred
Loan for two ( 2 ) rental units. This request is in accordance
with the City's Community Development Division's approved
Policies and Procedures.
BACKGROUND
The program provides for the rehabilitation of investor owned
substandard units, located within the CDBG Target Area. Contract
awards are based on actual cost of the rehabilitation to an
eligible structure. Owners are eligible for a dollar for dollar
match of Rental Rehabilitation Funds for total cost, not to
exceed $8,500 per unit.
Community Development staff provides the detailed work write-ups,
cost estimates for work specifications, and bid process for all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the Community Improvement
Department's Building and Community Development Divisions.
Contracts will be 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 compliance
according to specifications and program guidelines. Pay requests
require both contractor's and owner's signatures. Funds are
disbursed on the basis of a dollar for dollar match of the owners
share with the Rental Rehabilitation Funds. The owners and
properties have met the eligibility requirements as specified in
the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14/PG1
'.
RECOMMENDATION
Staff recommends the awarding of a Rental Rehabilitation Loan for
the following:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
MJD CONST. SVS 144-146 SW 2ND AVE. $11,940.00 $11,940.00
RR14/PG2
'~
"
,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93- 23RR
APPLICANT: STUART GARBER
APPLICATION #: 91-009RR
PROJECT ADDRESS: 144-146 SOUTHWEST 2ND AVENUE
DATE OF BID LETTERS: MARCH 3, 1993
DATE OF BID OPENING: MARCH 15, 1993
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $ 29,840.00
DYMOND CONSTRUCTION $
GARY PURR $33,100.00
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $28,320.00
LEADING EDGE HOMES, INC./DESIGN INTL $32.840.00
MJD CONSTRUCTION SERVICES $23.880.00
MSL CONSTRUCTION, INC. $
PRESTON CONSTRUCTION $ 24. 640. 00
RAY GRAEVE CONSTRUCTION INC. $ 25 . 865.00
IN - HOUSE ESTIMATE: $ 28.741.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 23,880.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
'.
.
Agenda Item No. :
AGENDA REQUEST
Request to be placed on: Date: MARCH 19, 1993
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: APRIL 13, 1993
Description of item (who, what, where, how much):
CASE' ADDRESS GRANT AMOUNT
91-041HR 705 NORTHWEST 1ST STREET $14,005.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~ ~~ 4fsi?3
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~O
Funding alternatives: (if applicable)
Account No. & Descrip.tion: /lg---/4{o-=?:,-S;;S:+__f?J-tC} fkjU~/Ai67EEtfAJ3
Account Balance: 2~.q33
1
City Manager Review:
Approved for agenda:~/NO M
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
,
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ,~~
DATE: April 02, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 13, 1993 - BID AWARD - BID #93-27
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award a contract to the low
bidder, Gary Purr, at a total cost of $14,005. Per the Finance
Department, funding is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation, with funding from their housing
rehabilitation budget.
Property Contractor Amount
705 NW 1st Street Gary Purr $14,005.
The Community Development Coordinator and the Director of Community
Improvement have reviewed the bids, and recommend award to the low
bidder, Gary Purr.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to the
low bidder, Gary Purr, at a total cost of $14,005.
Attachments:
Memorandum from Community Improvement
Bid Information Sheets
pc: Lula Butler
eg. ::r: 4.
'.
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATORl?<<
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: MARCH 24, 1993
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Grant
Award. This request is in accordance with the City's Community
Development Division's approved Policies and Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder, plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. 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 compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
91-041HR 705 NORTHWEST 1ST STREET $14,005.00
HR2
,~
'.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-3!..-
APPLICANT: WATSON BALDWIN
APPLICATION #: 91-041HR
PROJECT ADDRESS: 705 NORTHWEST 1ST STREET
DATE OF BID LETTERS: MARCH 3, 1993
DATE OF BID OPENING: MARCH 15, 1993
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $ 19,210.00
DYMOND CONSTRUCTION $
GARY PURR $ 13,338.00
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 18,685.00
LEADING EDGE HOMES, INC. $
MJD CONSTRUCTION SERVICES $ 14,540.00
MSL CONSTRUCTION, INC. $
PRESTON CONSTRUCTION $ 14,470.00
RAY GRAEVE CONSTRUCTION INC. $14.105.00
IN - HOUSE ESTIMATE: $16.940.00
CONTRACTOR AWARDED CONTRACT: GARY PURR
BID/CONTRACT AMOUNT: $ 13,338.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
'~
,
-
Agenda I tern No. :
AGENDA REQUEST
Date: JJJaire-h cJ~ J 1? 3
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: April 13, 1993
Description of agenda item (who, what, where, how much):
Co-op Bid For Photographic Supplies
Estimated Annual Cost of $17,513.90
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Low Responsive Bidder - Photoline Supplies, Inc.
! / ~~l
~D~/J.t3~
Ii / Z 1/5/'1.3
Department Head Signature: Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO
Funding alternative . (if applicable)
Account No. & DescriPtion~ AL-L F'1AtJ~?J€JO ~//j 1C--l2DFIUV\ 58eVI(.6"
Account Balance: j~011. 2
City Manager Review: @/ NO t1vJ
Approved for agenda:
Hold Unti 1:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.. \.1"
,
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Adminstrative Services
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney. Buyer 0/
DATE: March 24, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 13, 1993 - CONTRACT AWARD -
PHOTOGRAPHIC SUPPLIES - CO-OP BID
Item Before City Commission:
The City commission is requested to award annual contract for photographic
supplies to low responsive bidder, Photoline Supplies, I nc. , at an
estimated annual cost of $17,513.90. Per the Finance Department, funding
is from: (
) .
Background:
Various City Departments have need of an annual contract for photographic
supplies and the combined quantities are noted on attached form titled
"Bid Quotation Page".
The City of Boca Raton Purchasing Division is the lead agency for this
Co-op contract. Bids were received on March 18, 1993, from seven (7)
vendors, based on estimated quantities of three (3) governmental entities.
(Documentation on file in Purchasing Office.) A tabulation of bids is
attached for your review.
Photoline Supplies is the current vendor we are using from the last co-op
bid in 1991- Pricing for several items remain the same as last bid. (As
noted on Bid Quotation Page.)
On March 23, 1993, the Palm Beach County Cooperative Purchasing Group met
and voted to recommend award to the low responsive bidder (Photoline) .
Recommendation:
Staff recommends that this annual contract be awarded to low responsive
bidder, Photoline Supplies, Inc. at an estimated annual cost of
$17,513.90. Funding as outline above.
Attachments:
Tabulation of Bids
City of Delray Beach Requirements
Memo from City of Boca Raton
1i. .::r: 5.
'~
. .
~~o/8#~~,
CITY HALl. .. 20 1 WtST PAl..METiO PAf:/K ROAD. aOCA RATON. FLORIDA 33432.3795 .. PjoojONE: (~07) 393.7700
SUNCOM: (407) 922.7700
FACSJNIJLE TRAl'{SMITT Ai
.
.3U'l/13 -
(:lATE: .... FAX #407-393-7983
.....
~
Name: a o.d~ :'-<0 If~
Company: C!jIf 1 ~ A:~t!~ " - -
FAX #: :ltf~... 71 c, (, , Page #1 of 7_ . 'Oages
FROM: I] ..uL :., u If4.J -<I" <AA--
Name:
Department: . '
co~ents: &;j~-~ _r~~~ ~~ ~~~
+- ~/ltA .2.5-.:>Y&! 'fJ-'-'1r-"1~d.'~~."'f6~~: ...!!
~ ~4....Jci, a-. ~_~Ad.z-'~
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T' ·
~;;:~.$~~~~~
~~ ~ f!..Lf.f. * * * * 7: 1; *
,/ . CITY OF BOCA RATON
, ~
If you have any problems, please call' PAUUNE D. RAUPERS
BUYER l
PURCHASING OMSION
201 VI. PAlMETTO PARK RO,f,O j4071393-787J
90CA PATON. Fl.ORIOA 33432.3795 M'X: (4071 J9i-7983
- AN EOUAL OPPORTUNITY ~MPLOVE:R -
'.
.
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.,
BID OUOTATION PAGE
93-047
ESTIKATEDAIumAL USACEAlID r.m:T FOR - -'
CITY PPSCI ITEM I DESCRIPTION FSl"D ANNUAL U.O.M. UNIT TOTAL
USAGE For PRICE For Delray
COLOR NEGATIVE FILM DelrayCBeach Low Bidder - Photo line
OK-282 1. KODACOLOR 100 GA 135-12 - 268 ROLLS s 2 10 * s 616.40
OK-283 2. KODACOLOR 100 GA 135-24 160 ROLLS s 2.70 * S 432.00
OK-348 3. KODACOLOR 100 GA 135-36 - 5 ROLLS S 3.50 * S 17.50
OK-280 4. KODACOLOR 200 GS 135-12 - ROLLS S 2.65 S
OK-284 5. KODACOLOR 200 GD 135-24 , 12 ROLLS S 3.20 * S 38.40
OK-278 6. KODACOLOR 400 GO 135-12 200 ROUS S 2.95 * $ 590.00
OK-349 7. KODACOLOR 400 GC 135-24 210 ROUS $ 3.45 * $ 724. 50
-
OK-279 8. KODACOLOR 400 GC 135-36 10 ROLLS $ 4.45 * S l..l.. <;0
OK-350 . 9. EKTAR 1000 CJ 135-24 ROLLS $ 5.75 $
COLOR POSITIVE FILM
OK-322 10. EKTACHROME 100 EC 135-24 ,- 25 ROLLS S 4.65 .$ llf; 7<;
OK-35 I II. EKT ACHROMB 200 ED 135-24 ROLLS S <;f;<; $ ,
OK-352 12. EKT ACHROMB 400 EL 135-24 3 ROUS S 6.4<; * $ 19.35
BLACK" WHITE FILM
OK-34 I 13. KODAKT-MAX l00TMX 135-24 ROLLS S 2.65 $
OK-353 14. KODAK T-MAX 400 TMY 135-24 ROLLS $ 2.75 * $
OK-354 IS. KODAK PX 402 PLUS X (100' 25 ROLLS $ 30.30 $ 757.50
ROUS)
'-,
INSTANT COWR PRINT FILM
OK-355 16. POLOROID 600 PLUS (fW. PACK) 495 TWIN PIC S 16.95 $8390.25
OF-227 17. POLOROID 667 PLUS (fW. PACK) 205 TWIN PIC s 12.4Q * $ 2560.45
OK-254 19. POLOROID 669 PLUS (fW. PACK) 50 TWIN PIC $ 18.39 * $ 919.50
OK-54 20. POLOROID SX-70 PLUS (fW. PACK) - TWIN PIC $ 16.95 $
OK-356 2l. SPECTRA SYSTEM FUM (I'W. 100 TWIN PIC $ 18.95 $1895.00
PACK)
MISCELLANEOUS
OK-108 22. MAGICUBES (4 FLASH) 3/PKG. 25 PACKS $ 1.80 * $ 45.00
OK-l97 23. })QLYCONTRAST m RC F PAPER. 10 BOXES $ 34.73 $ 347.30
lOO1BX, 8" X 10"
-NOTE: VENDORS MUST BID ALL 23 ITEMS TO BE CONSIDERED FOR AWARD
Estimated ~nnual cost for Delray Beach GRAND TOTAL: $ 17,513.90
* Prtting remained same as last
Bid.
Authorized Signature: Date:
--.... \
BID #93-048/PR 7
"
;
- ,-
Agenda I tem No. :
AGENDA REQUEST
Date: April R, 1qq1
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: April 13, 1993
Description of agenda item (who, what, where, how much): Pllrc.h~Rp. AW;:Irc'l -
Cars and Trucks for various departments.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards per recommendations on attached memo at ~
total cost of $110,825, via Florida State Contract.
d / ~/
<..~A ~~
/ 4/9 /93
pepartment Head Signature: Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative . (if apPlicable~__
Account No. & Des~tion: !50/ ~ b3/ /.---,9 (-~4- -'}p 64~~~fttAThMOTI t;;-
Account Balance: I f~
City Manager Review:
Approved for agenda: (!j/ NO [1Jv1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,.
,
~
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer 4//'
DATE: April 8, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 13, 1993 - PURCHASE AWARD
CARS AND TRUCKS
Item Before City Commission:
The City Commission is requested to make multiple awards to firms as
listed below for cars and trucks, at a total cost of $110,825. Per
the Finance Department, funding is from: 5"0/ - g '3 (2. - 59/ - t. c..[. 2()
( ~"'fl'o.~ ~C>lM.e{IL-e ~~J) ~G;f, SOl) ).
Background:
Funds were placed in the FY 92-93 budget for vehicles for various
departments and divisions under the direction of the Vehicle
Maintenance Division of the Environmental Services Department.
Cars and trucks are available via Florida State Contracts as listed on
attached work sheets.
The Fleet Superintendent has reviewed the contracts and recommends
awards as stated below.
Recommendation:
Staff recommends multiple awards via Florida State Contract to
dealers, as follows:
Vehicle Dealer Quantity Total Cost
Ford F-250 Pick-up Duval Ford 1 $ 14,304.00
Ford Bronco Duval Ford 1 17,408.00
Chevy Cargo Van Nimnicht Chevrolet 1 12,146.00
Ford Taurus Duval Ford 1 11,584.00
Ford Dump Truck Atlantic Ford Truck 1 55,383.00
Sales
$110,825.00
Attachments:
Memo from Fleet Superintendent
Contract Work Sheets
pc: William Greenwood
Richard Corwin
Richard Sandell
<g.::J. b.
'. ",.,
.
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM - MEETING OF APRIL 1
REPORT OF APPEALABLE LAND USE ITEMS
DATE: April 9, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period March 22,
1993 through April 9, 1993. The following actions were considered
during this reporting period:
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan (color change) for
Costa Del Rey.
-Approved the architectural elevation plan (color change) for
Wendy1s (Boca Rey Plaza).
-Approved the architectural elevation plan (color change) for
Palm Avenue Plaza.
-Approved the site, landscape and architectural plans associated
with remodeling an existing retail building (Butler Building).
-Approved the architectural elevation and landscaping plans
associated with new model additions for Sabal Lakes Phase II.
-Approved the architectural elevation plan (color change) for
Breland Shamrock (formerly Union 76).
-Approved the site and landscape plan, and denied the
architectural elevation plan associated with the construction of
a 2,000 square foot Laundromat for Bi-Lo Grocery. Concurrently
approved waivers of the requirements to dedicate five feet of
right-of-way for S.W. 9th Avenue and to install distribution
lines underground.
-Approved a minor site plan modification and architectural
elevation plan associated with the establishment of a halfway
house and 1,000 square foot building addition at the Drug Abuse
Foundation Campus.
-Approved the architectural elevation plan (facade changes) for
the Wright Building.
Historic Preservation:
-Granted a Certificate of Appropriateness (3-1 vote) associated
with the construction of a handicap ramp at 114 S.E. 1st Street.
-Granted a Certificate of Appropriateness, approved the site and
landscape plan associated with the construction of a pool,
patios, walkways, fences and two parking spaces at 60 Palm
Square. The Board also recommended approval of the request for
reduction of the five foot landscape strip to three feet along
the north and east property lines and denial of the request for
the south property linej approved the use of pea rock for
parking and paver blocks for driveway.
The Planning and Zoning Board did not consider any appealable items
during this reporting period.
A detailed staff report is attached as backup material for this item.
.
,
"'1<
I '
E?f-1
C I T Y COM MIS S ION DOC U MEN TAT ION
"--"'""
TO: ~AV~~3Ey~~~;AGER
THRU: ~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
!::YIIt':" ({lid",
FROM: ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF APRIL 13, 1993
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 22, 1993 THRU APRIL 9, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of March 22, 1993, through April
9, 1993.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
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
tha t the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
'~
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City Commission Documentation
Report of Appealable Land Use Items
March 22, 1993 thru April 9, 1993
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 24,
1993:
1. Approved the architectural elevation plan (color change)
for Costa Del Rey, located on the east side of State Road
A-1-A south of Linton Boulevard (Vote 6 to 0).
2. Approved the architectural elevation plan (color change)
for Wendy's, located within the Boca Rey Plaza which is
located at the southeast corner of Linton Boulevard and
Military Trail (Vote 6 to 0).
3. Approved the architectural elevation plan (color change)
for Palm Avenue Plaza, located at the southeast corner of
East Atlantic Avenue and Palm Avenue (Vote 7 to 0).
4. Approved the site plan, landscape plan (6 to 0) and the
architectural elevation plan (4 to 2) associated with the,
remodeling of an existing retail building, Butler Building
located on the south side of Atlantic Avenue, between SW
10th and 11th Avenues.
5. Approved the architectural elevation plan and landscaping
plan associated with the addition of new models for Sabal
Lakes Phase II, which is located on the east side of
Barwick Road north of Lake Ida Road (vote 4 to 0).
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 7, 1993:
6. Approved the architectural elevation plan (color change)
for Breland Shamrock (formerly Union 76), located on the
east side of SE 6th Avenue between 1st and 2nd Street
(Vote 4 to 0).
7. Approved the site plan and landscape plan (5 to 0) and
denied the architectural elevation plan associated with the
construction of a 2,000 sq. ft. laundromat at the Bi-Lo
Grocery, located at the southwest corner of Atlantic Avenue
and SW 9th Avenue. Concurrently, the Board approved the
following waivers:
- the dedication of 5' of right-of-way for S.W. 9th
Avenue.
- to permit the installation of distribution lines
overhead rather than underground.
~
.
City Commission Documentation
Report of Appealable Land Use Items
March 22, 1993 thru April 9, 1993
Page 3
8. Approved a minor site plan modification and architectural
elevation plan associated with the establishment of a
halfway house and a 1000 sq. ft. building addition at the
Drug Abuse Foundation Campus, located at the southwest
corner of Swinton Avenue and SW 4th Street (Vote 5 to 0).
9. Approved the architectural elevation plan (facade changes)
for Wright Building, located at west side of NW 5th Avenue,
north of NW 1st Street (vote 5 to 0).
No other appealable items were considered by the Board. However,
the following agenda items required Board consideration.
* Denied the free standing sign for Consignments of Palm
Beach, located at 305 N.E. 2nd Avenue.
* As a discussion item the Board considered the Delray Beach
Golf Course Club House Project. The essence of that review
is contained in a staff memorandum which is a part of a
separate agenda item.
HISTORIC PRESERVATION BOARD MEETING OF APRIL 7, 1993:
A. Granted a Certificate of Appropriateness on a 3 to I vote
associated with the construction of a handicap ramp at a
single family home located at 114 S.E. 1st Street. The
applicant had proposed a design that involved construction
of a concrete driveway and parking area on the east side of
the property, along with a sidewalk leading from the
parking area to the landing of the ramp. The ramp will be
parallel to the front porch running from east to west. The
Board felt that two driveways would detract from the
appearance of the property, and voted to approve the ramp
with the use of the existing driveway only; or, as an
alternative installation of the new concrete driveway as
proposed, conditioned upon removal of the existing asphalt
drive.
B. Granted a Certificate of Appropriateness, approved the site
plan and landscape plan associated with the construction of
a swimming pool, patios, walkways, fences and two parking
spaces at 60 Palm Square ( Vote 4 to 0) . . Concurrently,
the Board considered several waivers namely:
- Recommended the reduction of the required 5' landscape
strip to 3' along the north property line and along the
east property line adjacent to the parking areas;
- Recommended denial of the waiver request along the south
property line. These waivers will be considered by the
City Commission at at separate meeting;
- Approved the use of a pea rock surface for 4
parking spaces and the use of paver blocks for the
driveway.
'~
.
City Commission Documentation
Report of Appealable Land Use Items
March 22, 1993 thru April 9, 1993
Page 4
No other appealable items were considered by the Board. However,
the following agenda items required Board action.
* Granted a Certificate of Appropriateness for a free
standing business sign at Mariposa Adult Care Facility
(vote 4 to 0).
PLANNING AND ZONING BOARD (No Regular Meeting was held during
this period)
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
'!
LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL 13. 1993
L-30 CAtaL
~@
LAKE lOA ROAD
.... ~
~ u
.... ~
~
ATLANTIC AVENUE
~ w
~
lK ! III .
5 ~ a a
2 i
LDWSON BOULEVARD
i
:I
0
UNTON BOULEVARD :z:
e
fj
z
8
L-311 CANAL
S.P .R.A.B. ITEMS:
1. - COSTA DEL REY
2. - WENDY'S 0 MILITARY TRAIL H.P.B. ITEMS:
3. - PAL~ AVENUE PLAZA
4. - BUTLER BUILDING A. - 114 S.E. 1 ST STREET
5. - SABAL LAKES PHASE II B. - 60 PAL~ SQUARE
N 6. - BRELAND SHAMROCK
7. - BI-LO GROCERY STORE
- 8. - DRUG ABUSE
CITY Of' DELRAY BEACH, fLORIDA fOUNDATION CA~PUS
PLANNING DEPAR1lofENT 9. - WRIGHT BUILDING
'~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tlJ-1
SUBJECT: AGENDA ITEM # 98 - MEETING OF APRIL 13. 1993
REOUEST FOR RELEASE OF LIENS
DATE: April 9, 1993
This item is before you to consider releasing remaining nuisance
abatement liens on property at 216 S.W. 13th Avenue, in the amount of
$361.85.
At the November 13, 1992 regular meeting, the Commission accepted an
offer from the representative of the Alexander Simon estate to satisfy
four liens which existed on the above property upon receipt of $500.
Subsequently, it wa s discovered that there were three other nuisance
abatement liens against the property.
Mr. Ernest Simon, attorney for the estate, stated it was his intention
that the $500 was an offer for the release of all liens against the
property.
The City Attorney's Office has reviewed this request and recommends
that Mr. Simonis offer be extended to include the three liens which
were not released at the November 13, 1992 meeting.
Recommend approval of the request to release the remaining nuisance
abatement liens on property at 216 S.W. 13th Avenue.
.
.
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIr.lILE 407/278-4755 Wr~t_r'. D~r_at L~n_
(407) 243-7090
MEMORANDUM
Date: March 31, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Release of Liens
216 S.W. 13th Avenue
At the November 13, 1992 City Commission meeting, the City
Commission accepted an offer from the representative of the
Alexander Simon estate to satisfy four liens which existed on
the above property upon receipt of $500.00. The Clerk's office
is presently preparing the releases of those four liens. It
was discovered, however, that in addition to the four liens,
there were also three other nuisance abatement liens which were
levied against the property in the years 1991 and 1992. Those
liens were imposed pursuant to resolutions of the City
Commission and have a total amount of $361.85.
In the attached letter, Mr. Ernest Simon, the attorney for the
estate, states that it was his intention that the $500.00 was
an offer for the release of all liens against the property.
Thus, this item is before the Commission in order for the
Commission to either accept or reject the release of the three
additional liens.
It is our office's recommendation that Mr. Simon's offer be
extended to include the three liens which were not released at
the November 13, 1992 meeting.
Should you have any questions concerning this matter, please do
not hesitate to call.
DNT: sh
Attachments
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
.. "I.'
.
SIMON AND SCHMIDT
ATTORNEYS AT LAW
P O. BOX 2020
100 NORTHEAST FIFTH AVENUE
DELRAY BEACH, FLORIDA 33483
ERNEST G. SIMON TELEPHONE (407) 278-2601 WEST PALM BEACH
DAVID W. SCHMIDT FAX (407) 265-0286 737-8222
r---
HAND DELIVERED March 30, 1993 I rrr .r~ ((::. r~ fl \\/- r;~' r~0)
ill 1;-=---:' - '. .' , .'
1/ t/; [
'i ! \ i /" 0
I I' I "'.
David Tolces, Esq. I; 1\ \ : " -
,I ,;
Assistant City Attorney /U \\, I
. ...JL--___ ----.-!:. i
City of Delray Beach
I I
200 N.W. First Avenue ---
Delray Beach, Florida 33444
Re: Rosa Scott
216 S.W. 13th Avenue
My File No. 101.81-8.5
Lot 16, Block 4, Priests
Addition to Atlantic Park
Gardens
Dear Mr. Tolces:
This will confirm our telephone discussions regarding the City's
liens against the above property.
----
As I have explained to you, the purpose of the settlement offer
of $500.00 was to clear the title of all City liens. However,
when the City Commission accepted the settlement offer at its
meeting on November 17, 1992, there was an apparent misun-
derstanding as to which liens were to be released. It is my
understanding from you that as a result, three of the City's
liens were not incl uded in the City Commission's action.
It has always been my intention that the settlement offer of
$500.00 was for the City's release of all liens against the pro-
perty. Accordingly, this is to reiterate the settlement offer of
$500.00, as previously tendered, for the release of all of the
City's existing liens against the property.
I shall appreciate very much your assistance in resolving the
matter of releasing all liens, and I look forward to hearing from
you in that regard.
Sincerely yours,
~A~ ~
Ernest G. Simon
ffiS : cc
.,
.
the City of Boynton Beach for operational assistance during law
enforcement emergencies which cross jurisdictional lines. Ap-
proval is recommended.
~ Ammendment to the Tri-Partite Agreement/Banker' s Row.
The Commission is to consider approval of an amendment to the
tri-partite agreement with the Banker's Row Homeowners Associa-
tion (BRHA) which provides that the CRA will reimburse the BRHA
for the CRA's percentage of participation in the design, engi-
neering, surveying and planning for improvements up to a maximum
amount of $5,999 for engineering and $2,000 for surveying.
Approval is recommended.
~ Renewal of Agreement for General Engineering Services.
The Commission is to consider renewal o~ an ~greement for General
Engineering Services with Gee and Jenson, Inc. Approval is
recommended.
~ Reservation Agreement/Temple Sinai. The Commission is
to consider approval of a reservation agreement with Temple
Sinai. Approval is recommended.
~ Offer for Release of Lien/216 S. W. 13th Avenue. The
Commission is to consider accepting an offer in the amount of
$500 to release the $2,145 lien on property located at 216 S.W.
13th Avenue. City Attorney recommends acceptance of the offer.
~ MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.
~ ~eptance of an easement deed. The Commission is to
consider the acceptance of an easement deed assoc~ated w~th the
abandonment of an alley within Block 62, Town of Linton (Sundy
House). Acceptance is recommended.
~ Final Plat Approval. The Commission is to consider
approval of the final plat for Sundy Estates located on the south
side of S. W. 1 st Street, between Swinton Avenue and S. W. 1 st
Street. Approval is recommended.
.ll..L Deduct Change Order and Reauest for Final Pay-
ment/Weekley. The Commission is to consider approval of a deduct
change order in the amount of $9,772.40 for final plus/minus
as-built quantities and approve the request for final payment in
the amount of $11,366.71 from Weekley Asphalt Paving, Inc., for
completion of the 1991 Road Reconstruction Program Part "A" (Iris
Drive, Spanish Trail and Avenue L), with funding from Decade of
Excellence Bond I ssue Street Reconstruction (Account No.
225-3162-541-61.17). Approval is recommended.
~ Request for Final Payment/Elkins Constructors. Inc.
The Commission is to consider approval of a request for final
payment in the amount of $5,000 from Elkins Constructors, Inc.,
for completion of the North Storage Tank proj ect, wi.-th funding
from Water and Sewer Fund - North Plant (Account No.
-3- 11/17/92
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '-111
SUBJECT: AGENDA ITEM it q~ - MEETING OF APRIL 13. 1993
RESOLUTION NO. 37-93
DATE: April 9, 1993
This is a resolution authorizing the Community Redevelopment Agency to
issue redevelopment revenue bonds in the principal amount not to
exceed $5,100,000 for the purpose of funding those redevelopment
projects duly adopted in the Community Redevelopment Plan.
Recommend approval of Resolution No. 37-93.
fJOJJDUfl 6-0
.,
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- ---..--. --.. ---~ -- - --- --
-- --- ----- .--.- -.- -- -- --- ------------
RESOLUTION NO. 37-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF DEL RAY BEACH TO
ISSUE REDEVELOPMENT REVENUE BONDS IN THE PRINCIPAL
AMOUNT NOT TO EXCEED FIVE MILLION ONE HUNDRED THOUSAND
DOLLARS ($5,100,000.00) UPON TERMS HEREINAFTER
DESCRIBED; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray
Beach, the City Council of the City of Delray Beach, Florida, created
the Delray Beach Community Redevelopment Agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has been requested by Resolution No. 7-93 adopted by the Delray
Beach Community Redevelopment Agency to authorize the issuance of
Redevelopment Revenue Bonds pursuant to Section 163.385, Florida
Statutes, in the principal amount not to exceed Five Million One Hundred
Thousand Dollars ($5,100,000.00) , said Bonds to be sold at public or
private sale upon terms and conditions determined appropriate and
acceptable to the Delray Beach Community Redevelopment Agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, deems it appropriate and in the public's interest to authorize
and approve the issuance of Redevelopment Revenue Bonds by the Community
Redevelopment Agency of the City of Delray Beach in the principal amount
not to exceed Five Million One Hundred Thousand Dollars ($5,100,000.001
for the purpose of funding those Redevelopment Projects provided for in
the duly adopted Community Redevelopment Plan as the same exists from
time to time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. All of the above recitals are true and correct.
Section 2. That pursuant to Section 163.385, Florida
Statutes, the Delray Beach Community Redevelopment Agency is hereby
authorized to issue and se 11 at public or private sale Redevelopment
Revenue Bonds in the principal amount not to exceed Five Million One
Hundred Thousand Dollars ($5,100,000.00) , said Bonds to be sold upon the
terms and conditions determined appropriate and acceptable to the Delray
Beach Community Redevelopment Agency.
Section 3. The Delray Beach Community Redevelopment Agency is
hereby authorized to execute in its corporate capacity, in its
discretion, such documentation as it deems necessary and appropriate to
complete the issuance and sale of said Redevelopment Revenue Bonds.
Section 4. The City of Delray Beach hereby agrees that it
shall utilize the proceeds received by it as repayment of that certain
existing outstanding line of credit between the Community Redevelopment
Agency of the City of Delray Beach and the City of Delray Beach for any
public purpose other than the refunding of the City's outstanding tax
exempt indebtedness.
Section 5. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the 13th day of
Apr il, 1993.
~~~
ATTEST:
(J /1 ~flJ1.-"./)I, '~ )./o;i;r
C~ty C erk
'.
.
lft~..,_---;,
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 21)(l !<:w 1~1 :\\~L,~~t:l:_'_.DELRAY BEACH, FLORIDA 33H4
F,\CSI'lILE .,!I, "..,...."
-- Writer's Direct Line
(407) 243-7091
April 6, 1993
Robert Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33444
Subject: Resolution Authorizing the Sale of Redevelopment
Revenue Bonds
Dear Bob:
Pursuant to our telephone conversation, I am forwarding to the
City Clerk, tpe resolutions you faxed to our office for our
review dated I. on March 31, 1993. The CRA passed Resolution
7-93. The other attached resolution is submitted to be put on
the City Commission agenda. As you indicated, the House Bill
you referred to is not effective until July 1st.
Pursuant to your direction, the resolution to be adopted by the
City will be placed on the City Commission agenda without the
specialized notices called for in House Bill 1969. By copy of
this letter to Alison MacGregor Harty, our office requests that
the resolution be placed on the City Commission agenda for
approval. Please do not hesitate to contact me if you want to
discuss this matter further.
Sincerely,
OFFIC~THE CITY ATTORNEY
CITY~ D~LRAY BEACH~LO~IDA
4 f{{'1.,l}{
BY: .,1.,."'-
Susan ~bY, Esq. \./
Assistant City Attorney
SAR:ci
fader. BAr
cc David Harden, City Mana9&'
Alison MacGregor Harty, City Clerk
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CD Community
Redevelopment
-a Agency
Delray Beach
CERTIFICATION
I, Christopher J. Brown, Secretary of the Board of. Commissioners of the Community
Redevelopment Agency of Delray Beach, Florida, do hereby certify that the attached is a true and
correct copy of Resolution 7-93 which was passed and adopted on by the CRA Board of
Commissioners on Thursday, April 1, 1993.
In Witness Whereof, I have hereunto set my hand and the Official Seal of the Community
Redevelopment Agency of Delray Beach, Florida, on this the 26th day of March, 1993.
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Christopher 1. Brown
Executive Director CRA
Secretary eRA Board of Commissioners
RECEIVED
11/6/93
CITY CLERK
207 E. Atlantic Avenue. Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 27685-::-
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RB80I.UTIO. .0. 7-93
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH TO AUTHORIZE THE
SALE OF REDEVELOPMENT REVENUE BONDS BY THE COMMUNITY
REDEVELOPMENT AGENCY PURSUANT TO SECTION 163.385, FLORIDA
STATUTES, IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE
MILLION ONE HUNDRED THOUSAND DOLLARS ($5,100,000.00);
REQUESTING THE CITY' OF DELRAY BEACH TO UTILIZE THE
PROCEEDS FROM THE REPAYMENT OF THE EXISTING LINE OF
CREDIT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY
REDEVELOPMENT AGENCY FOR PUBLIC PURPOSES OTHER THAN THE
REFUNDING OF THE CITY OF DELRAY BEACH'S OUTSTANDING
INDE8TEDNESS ~ PROVIDING FOR EFFECTIVE DATE ~ AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach has duly adopted a COllDllunity
Redevelopment Plan for the area within its jurisdiction~ and
WHEREAS , Pursuant to the COllDlluni ty Redevelopment Plan the
COIIDIlunity Redevelopment Agency has developed a redevelopment
schedule for the projects which require funding from sources beyond
the currently available funds received by the COllDllunity
Redevelopment Agency~ and
WHEREAS , in order to provide for the funding of projects as
provided for in the COllDllunity Redevelopment Plan as the same may
exist from time to time, the COllDllunity Redevelopment Agency has
determined that it is in the publiC'S interest to issue
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Redevelopment Revenue Bonds in the principal amount not to exceed
Five Million One Hundred Thousand Dollars ($5,100,000.00), pledging
its tax incremental revenues for the repayment thereof~ and
WHEREAS , the COllDllunity Redevelopment Agency has engaged the
service of Stifel Nicolaus as its financial advisor and said
financial advisor has conducted negotiations with various sources
of funding; and
WHEREAS , the above referred to issuance is intended to be
partially on the basis of bank qualified tax exempt debt and that
in order to complete the portions of projects provided for in the
above referred to COllDllunity Redevelopment Plan which do not qualify
as public purpose projects for income tax purposes under the
Internal Revenue Code, the COllDllunity Redevelopment Agency will be
required to subsequently issue a portion of said Redevelopment
Revenue Bonds on a taxable basis by a separate offering and sale,
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such bonds to be on parity with the subject tax exempt
Redevelopment Revenue Bonds; and
WHEREAS , pursuant to Section 163.385, Florida Statutes, the
City of Delray Beach as governing body may authorize by resolution
or ordinance the Community Redevelopment Agency in its corporate
capacity, and its discretibn, to issue Redevelopment Revenue Bonds
from time to time to finance the undertaking of any community
redevelopment pursuant to its Plan pledging the anticipated
assessed valuation of the completed community redevelopment and
such other revenues as are legally available.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the Delray Beach Community Redevelopment Agency thatl
Section One. All of the above rec i tals are true and
correct.
Section Two. The City Commission of the City of Delray
, Beach is hereby requested to authorize the issuance of
Redevelopment Revenue Bonds by the Community Redevelopment Agency
in the principal amount not to exceed Five Million One Hundred
Thousand Dollars ($5,100,000.00), said Bonds to be sold at public
or private sale pursuant to the terms determined to be appropriate
and acceptable to the Delray Beach Community Redevelopment Agency.
Section Three. The City Commission of the City of Delray
Beach is hereby requested to utilize any proceeds received by it as
repayment of that certain existing outstanding line of credit
between the Community Redevelopment Agency of the City of Delray
Beach and the City of Delray Beach for any public purpose other
than the refunding of the City'S outstanding tax exempt
indebtedness.
Section Four. This Resolution shall take effect
immediately upon passage. I
PASSBD AND ADOPTED this ~ day of H(JRI" , 1993.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM it qD - MEETING OF APRIL 13. 1993
REOUEST FROM COMMUNITY REDEVELOPMENT AGENCY
DATE: April 9, 1993
We have received a request from the Community Redevelopment Agency for
financial support to pay for the connection to the City's water
service in conjunction with the Banker's Row parking lot project.
Due to problems with the original plan design, including omissions and
some grossly under-estimated construction costs, the estimated project
cost is approximately $60,000 higher than originally thought. The CRA
has assumed the responsibility for the majority of the overruns,
however, is asking for assistance with regard to the charge for
connection to water service in the amount of $1,840.96.
The Finance Director has reviewed this request and found that bond
covenants prohibit giving services away for free. However, that does
not preclude the Commission from paying the connection fee
themselves.
Recommend denial of the request from the CRA for payment of the charge
for connection to wa ter service for the Banker's Row project in the
amount of $1,840.96, due to the projected General Fund shortfall this
fiscal year.
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JOE SAFFORD: Please draft a response or
. CD Community give written comments. DTH
'. Redevelopment
-a Agency
Delray Beach RECEIVED
March 19, 1993
liAR 2 2
CITy 41. I99J
David T. Harden, City Manager 'ANAG[O'CI
City of Delray Beach . OFFICE
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
As you are aware, the CRA is in the process of constructing the improvements for the
Bankers Row Project as prescribed in the Plan which the city had prepared in 1991 entitled
"Banker's Row, A Program for Re-Use and Restoration". Implementation of this Plan is to be
pursuant to the Tri-Partite Agreement between the City, the CRA and the Banker's Row
Homeowner's Association. Due to problems with the original plan design, including omissions
and some grossly under-estimated construction costs, we have determined that the final
development costs for the projects will be approximately sixty thousand dollars higher that
originally estimated in the plan. While the CRA Board is determined to complete the project,
keep the quality first-rate, and bear the brunt of the overrun, we are understandably feeling the
pinch. Pursuant to the Agreement, the City is to waive all processing and building permit fees.
Although this agreement does not specifically mention the City's water service connection fees
(for irrigation), we would appreciate it if the City would reimburse us for this item. I have
include a opy of the bill in the amount of $1,840.96, which we paid in our efforts to complete
the p, rkin lot in time for the Virginia Slims Tournament.
03-29-93
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Ovf'- SvWt ~ f\w'ON') ~ F~ .
Per your request, attached is a
~,~~
oseph Safford
2C)7 E f-\~~?r"!:'~ ','j' .' .~ f~.":'.\.d
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:I"Gf 1-10.: BUILDING PERMIT NO.: 93-20083 LOCATION NO.:
I/L;/93 U~ METER NO.: RECEIPT NO.: L-J 000906
CUSTOMER NO.:
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
REQUEST FOR NEW OR REVISED WATER/SEWER SERVICE
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INFORMATION TO BE SUPPLIED BY APPLICANT
NAME City of Delray Beach - Community RedeveJEHONE (A.QL) 276-8640
MAILING ADDRESS 207 E. Atlantic Avenue, Delray ~each; FL 33444
SERVICE ADDRESS NE 1st Avenue
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4 6 6 1 1 0
TWP SEC SUBN BLOCK
Block No. Subdivision
1 & 2 John B. Currie
Single Family 0 Fixture Count I I
Multi Family D Number of Units I I
Commercial 0 Meter Size Requested .\ 1" I
Fire Line D
Irrigationl ~ Total Gallons Per Month
Vegetation I 50 I
Applications may be v "fication of water ar srq5 availability to property,
x ate ...z.. "7.,.-
(Applicant's Sign re)
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TO BE COMPLETED BY ENVIRONMENTAL SERVICES
INSIDE CI1Y OUTSIDE CI1Y .
DEPOSIT TO GUARANTEE PAYMENT
ORDINANCE 52.33 441-0000-221-11.00
VALIDATION . .
METER INSTALLATION CHARGE r-----------
METER SIZE IN INCHES 1" $525.00 I
ORDINANCE 53.32 441-000-343-33.00 I
CONNECTION CHARGE (WATER) I
NUMBER OF UNITS/ERC 1.67 @$788.00 $1315.96 I
ORDINANCE 52.31 441-000-343-34.00 I
CONNECTION CHARGE (SEWER) I
NUMBER OF UNITS/ERC @$t084.00 I
ORDINANCE 54.13 441-0000-343-52.00 I
TQTALAMOUNTREOUIRED ~~ $1840.96 I
NOTE: ALL FEES USTED MUST BE PAID PRI 0 INSTALLATION OF METERiS ~~r: C I RS
APPUCATlON MUST BE RESUBMITTED F PERMIT LAPSES OR IS REN~e' 2/03~3 Receipt. 0046833 (J
(One E~ivalent Residential Connection (E.R.C.) = 7,500 Gallons Per Month) Totai PaYlle~t . $1840.96
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11 Copies To o Utility Billing o Finance o Fnvirnnmn",t-d Q.....;.-..- r--1 ~ .
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principles. for governmental units, and any Holder or Holders of Bonds
or their agents issued pursuant to the Resolution, shall have the
right. at reasonable times and under reasonable conditions to inspect
all records, accounts and data of the city relating to the operation
of the Combined Public utility.
The City shal~, within six (6) months after the close of
each Fiscal Year, be required to obtain an audit by a qualified and
independent firm of certified public accountants of the books,
records and accounts of the Combined Public utility for the preceding
Fiscal Year and the financial statement prepared by such certified
public accountants shall be filed with the City, which such financial
statement shall cove~ in reasonable detail the operation of the
Combined Public Utility, the funds and fund balances and the City
shall make available upon request a reasonable summary thereof, to
any Holder or Holders of the, Bonds issued pursuant to the
Resolution.
NO FREE SERVICE TO BE RENDERED.
The City will not render or cause to be rendered any free
services of any nature by its Combined Public utility or any part
thereof, nor will any preferential rates or charges be established
for users ,of .the ,same class, and in the event the City, or any
" department, agency or instrumentality, officer or employee thereof,
shall avail i.tself of the Facilities. or services provided by said
Combined, Public utility or any part thereof, the same rates, fees or
charges applicable to other customers receiving like services under
B~31
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similar circumstances shall be charged the city and any such
department, agency, instrumentality, officer or employee, provided,
however, that any rights of person, firm or corporation under pre-
existing agreements or contracts shall not be affected. Such charges
shall be paid as they accrue, and the city shall transfer from its \
general funds sufficien~ moneys to pay such charges. The revenues so I
received shall be deemed to be Revenues derived from the operation of
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the Combined Public utility, and shall be deposited and accounted for I
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in the same manner as other Revenues. Notwithstanding any of the
foregoing, the city may from time to time establish different classes
and subclasses of users with respect to rates and charges, provided
the City finds a rational basis for such classes or subclasses which
would further the health, welfare or safety of the residents of the
city.
REMEDIES.
Any Holder of Bonds issued under the provisions of the
Resolution or any trustee acting for such Bondholders in the manner
hereinafter 'provided, may either at law or in equity, by suit,
action, mandamus or other proceedings in any court of competent
jurisdiction, protect and enforce any and all rights under the laws
of the state of Florida, or granted and contained in the Resolution,
and may enforce and compel the performance of all duties required by
the Resolution or by any applicable statutes to be performed by the
city or by any officer thereof, including the fixing, charging and
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 1ir - MEETING OF APRIL 13, 1993
RESOLUTION. NO. 39-93
DATE: APRIL 9, 1993
This is a resolution amending Resolution No. 121-92 which created the
Parking Management Team for the purpose of implementing the Master
Parking Plan, to provide for the inclusion of a representative from the
Old School Square Historic Arts District. This change is proposed
pursuant to a recommendation from the Community Redevelopment Agency
Board of Commissioners.
Recommend approval of Resolution No. 39-93, providing for a
representative from the Old School Square .Historic Arts District on the
Parking Management Team.
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'i RESOLUTION NO. 39-93
II
Ii A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 121-92
~I WHICH CREATED A PARKING MANAGEMENT TEAM FOR THE PURPOSE
i OF IMPLEMENTING THE MASTER FARKING PLAN, BY AMENDING
'1.1 SECTION 2 PERTAINING TO MEMBERSHIP COMPOSITION, TO
INCLUDE A REPRESENTATIVE FROM THE OLD SCHOOL SQUARE
II HISTORIC ARTS DISTRICT; PROVIDING AN EFFECTIVE DATE.
II WHEREAS, on October 27, 1992, the City Commission of the City
I of Delray Beach, Florida, adopted Resolution No. 121-92 creating a
I Parking Management Team for the purpose of implementing the Master
Parking Plan; and
II WHEREAS, Section 2 of sai-d Resolution No. 121-92 sets forth
Ii the membership composition of the Parking Management Team, providing for
Ii representation from various areas and entities of the City of De1ray
:1 Beach; and
II WHEREAS, the Community Redevelopment Agency Board of
, Commissioners has subsequently recommended that a representative from
II the Old School Square Historic Arts District be included on the Parking
Ii Management Team; and
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Ii WHEREAS, the City Commission concurs with said recommendation.
ill' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
:, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
II
Ii Section 1. That Section 2 of Resolution No. 121-92 is hereby
II amended to read as follows:
:1
II That the Parking Management Team is hereby created and shall
il have membership comprised of a representative of each of the following:
Ii
Ii (a) The Community Redevelopment Agency Board
,I (b) The Downtown Development Authority Board
Ii (c) The Planning and Zoning Board
:; (d) The City Commission
Ji (e) The Chamber of Commerce
ii (f) A business operator or land owner representing the
,I original Downtown Development Authority area
I! (g) A business operator or land owner representing the
;i expanded Central Business District area
;1 (h) A business operator or land owner representing the
. commercial beach area
II (i) A business operator or land owner representing the West
Atlantic Avenue area, east of 1-95
I lil A representative from the Old School Square Historic Arts
I District
I Section 2. That this Resolution shall take effect immediately
upon adoption.
i PASSED AND ADOPTED in regular session on this the 13th day of
il April, 1993.
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f1l<~~Jltr 4;<~
C~ty C rk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERof./l
SUBJECT: . AGENDA ITEM i q Eo 1.- MEETING OF APRIL 13. 1993
RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT TEAM
DATE: April 9, 1993
This item is before you to make appointments to the Parking Management
Team. On March 25, 1993, the Community Redevelopment Agency Board of
Commissioners proposed the following nominations to the Parking
Management Team:
CRA Board - Kevin Egan DDA Board - Alan Armour
P&Z - Mark Krall City Commission - Barbara Smith
Chamber - Bruce Gimmy DDA Area - Joe Gillie or
Donald Hornby
Beach Area - Monty Helm or W. Atlantic - Loretta McGhee or
Ralph Cantin Charlotte Durante
Expanded CBD- Janet Onnen or
Armand Mouw
The CRA Board of Commissioners has also proposed adding a member who
represents the Old School Square Historic Arts District. Staff has
prepared a resolution to address this item. The resolution has been
placed on the agenda for consideration prior to these appointments.
Recommend making appointments to the Parking Management Team.
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,. ~ Community
'-III Redevelopment
-a Agency
Delray Beach
March 29,1993
REC::
Mr. David Harden '- i V E D
City Manager APR ,
City of Delray Beach CIT 199,
100 NW 1st Ave. Y MANAGER'S
Delray Beach, FL 33444 OFFICE
Re: Parking Management Team
Dear Mr. Harden:
On March 25,< 1993 the CRA Board of Commissioners proposed the following nominations to
the Parking Management Team.
Group Nomination
CRA Board Kevin Egan
DDA Board Alan Armour
P & Z Mark Krall
City Commission Barbara Smith
Chamber of Commerce Bruce Gimmy
DDA Area 1st Choice: Joe Gillie
(Land or Business Owner) Alternate: Donald Hornby
Commercial Beach Area 1st Choice: Monty Helm
(Land or Business Owner) Alternate: Ralph Cantin
W. Atlantic Avenue 1st Choice: Loretta McGhee
(Land or Business Owner) Alternate: Charlotte Durante
Expanded CBD 1st Choice: Janet Onnen
(Land or Business Owner) - Alternate: Armand Mouw
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
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Mr. Harden/PMT Nominations
pg. 2
We would also like to recommend to the City that a representative from the OSSAD District be
includ d on the Parking Management Team. If "you have any questions, please feel free to contact
our ceo
Christopher J. Brown
Executive Director
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Dr. Alperin moved for the adoption of Resolution No.
37-93, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Dr. Alperin - Yesj Mr. Ellingsworth - Yesj Mr.
Randolph - Yesj Mayor Lynch - Yesj Mrs. Smith - Yes. Said motion
passed with a 5 to 0 vote.
~ Request from Community Redevelopment Aqency. The
Commission is to consider a request from the CRA for the City to
pay the fee for connection to the City's water service in con-
junction with the Banker's Row parking lot project. City Manager
recommends denial.
Mr. Randolph moved for denial of the request, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yesj Mr. Randolph - Yesj Mayor Lynch
- Yesj Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed
with a 5 to 0 vote.
~ Resolution No_ 39-93. Resolution No. 39-93, amending
Resolution No. 121-92 to include a representat.i ve from the Old
School Square Historic Arts District in the genaral membership of
the Parking Management Team, is before the Commission for consid-
eration.
The City Manager presented Resolution No. 39-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
121-92 WHICH CREATED A PARKING MANAGEMENT TEAM FOR
THE PURPOSE OF IMPLEMENTING THE MASTER PARKING
PLAN, BY AMENDING SECTION 2 PERTAINING TO
MEMBERSHIP COMPOSITION, TO INCLUDE A
REPRESENTATIVE FROM THE OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT; PROVIDING AN EFFECTIVE DATE.
(Copy of Resolution No. 39-93 is on file in the offi-
cial Resolution Book)
Dr. Alperin moved for the adoption of Resolution No.
39-93, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voeed as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9. E . 1. Appointments to the Parkinq Manaqement Team.
The Commission is to consider appointing members to the
Parking Management Team as recommended by the CRA Board
of Commissioners.
Mrs. Smith moved for approval of the appointment of the
following persons to the Parking Management Team: Donald Hornby
as a member for the DDA; Joe Gillie as a member to Old School
Square; Monty Helm as a member of the Beach Property Owners
Association; Loretta McGhee as a member to the West Atlantic
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Avenue Group and Janet Onnen as a member of the expanded CBD
district, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smi th - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
~ Agreement with Hiqhland Beach. The Commission is to
consider an interlocal service agreement between the City of
Delray Beach and the Town of Highland Beach providing for compre-
hensive fire and emergency medical services by tne City of Delray
Beach wi thin the municipal boundaries of the Town of Highland
Beach. City Manager recommends approval.
The City Manager stated the Commission is not requested
to approve this agreement tonight, but staff would like to know
if there are any questions or any fundamental objections. The
final agreement will be brought back to the Commission at the
Special Meeting on April 20, 1993, for action. Discussion fol-
lowed regarding various aspects of the agreement.
The Commission concurred to allow staff to finalize the
agreement and return it to them at the Special Meeting of April
20th, at which time action will be considered.
~ Approval of Fundinq /AIl America City Proqram. The
Commission is to consider allocating $9,000 to cover the expenses
associated with the All America City Program; with funding from
Contingency - Other Promotional Activities (Account No.
991-2711-524-48.90), pending budget transfer.
Jay FeIner I member of the editing team for the All
American City Program, requested a brief photo session. Mr.
Felner stated some direct dollar costs need to be guaranteed, as
transportation, lodging and some miscellaneous costs will be
provided for this celebration.
Dr. Alperin moved approval of the request for funding,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alper~n - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
~ Golf Course Clubhouse Proposal. The Commission is to
consider updated reports with regard to the proposed new Golf
Course Clubhouse.
The City Manager stated work has been ongoing for some
months in an effort to arrange the best possible financing for
this proposal and a major snag has erupted in that the financing
structure being considered would make the property taxable. His
concern is that the cost savings, by not going through the normal
process of design and construction administration, would be more
than offset by the additional taxes that the City would be re-
quired to pay. It is his opinion that, should the City desire to
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER v~
SUBJECT: AGENDA ITEM it 9P - MEETING OF APRIL 13. 1993
AGREEMENT WITH THE TOWN OF HIGHLAND BEACH
DATE: April 9, 1993
This item is before you to approve an agreement with the Town of
Highland Beach which provides for City of Delray Beach fire and
rescue services within the municipal limits of Highland Beach.
Chief Koen met with representatives of Highland Beach on April 9th to
discuss the City Attorney/s comments. Those comments will be
incorporated into the agreement and a revised copy will be provided to
you prior to Tuesday evening's meeting.
The agreement provides for fire and rescue services. Highland Beach
will furnish equipment, in terms of vehicles, and will pay the direct
cost for services plus an additional $124,872 toward overhead.
Charges will increase based upon the Consumer Price Index.
Recommend approval of the agreement with the Town of Highland Beach
which provides for City of Delray Beach fire and rescue services
within the municipal limits of Highland Beach.
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 6, 1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Draft Interlocal Service Agreement Between the City
of Delray Beach and the Town of Hiqhland Beach
Our office has reviewed the draft Interlocal Service Agreement
and make the following comments:
1. Paragraph 18 on Page 7 states that the Town of Highland
Beach conveys to the Delray Beach Fire Department, the
full use of the Town's Fire Station. I would instead,
recommend the following language. "The Town of Highland
Beach permits the City of Delray Beach to use the Town's
Fire Station, etc." The paragraph indicates that the
City's use will be without rental fees. I would insert
the words, "license fees" instead of "rental fees" . It
appears that the intent is that the Town of Highland Beach
will pay for electricity, however, I would clarify that is
what you mean by the words, "electrical fees". The
paragraph, while it addresses sewer fees, does not seem to
address water charges and fees. Further you may want to
provide more specifically for the maintenance and repair
of air conditioning systems, etc.
2. Paragraph 19 requires a comprehensive insurance policy to
provide for the repair and/or replacement of the assigned
paramedic/rescue vehicle and/or related equipment in the
event of damage and further requires this insurance to
cover the ladder pumper/fire apparatus once it is
delivered. You may want to specify certain levels of
insurance that you desire to have and also require that
they name the City of Delray Beach as an additional
insured.
3. I would suggest adding a new numbered paragraph which
comports with Florida Statutes Section 163.11 that the
inter-local agreement and subsequent amendments thereto
'.
David Harden, City Manager
April 6, 1993
Page 2
shall be filed with the Clerk of the Circuit Court of Palm
Beach County.
4. I would also suggest that a paragraph be added to provide
for liabilities pursuant to Fla. Stat. 163.01(5) (0).
Accordingly, I would suggest that a paragraph be inserted
that states that each party shall be responsible for its
own negligence except that the Town of Highland Beach
shall be responsible for damages to equipment as referred
to in Paragraph 19. The parties recognize that each are
self-insured. Nothing contained herein shall be deemed a
waiver of sovereign immunity.
5. I would strike Paragraph 24 which seeks to provide for
prevailing party's attorney's fees. It has been my
experience that the City is better served without these
kinds of agreements in contacts, so that we don't have the
threat hanging over us of paying attorney's fees for the
other party.
6. I would also suggest that the schedules attached to the
back of the contract be referenced more clearly in the
contract itself. For example, Paragraph 14 refers to an
annual service fee for the emergency and administrative
services enumerated in the contract based on attached
schedules and conditions. I believe that is referring to
Pages 10 and 11 and should be more clearly delineated for
future reference. Paragraph 12 refers to the
reimbursement of the City of certain supplies and
consumables, but does not refer to whether this
reimbursement will be for cost, nor does it specify,
except in a broad sense, which types of supplies and
consumables are being considered. Paragraph 14(a) refers
to capital improvements which I believe refers to the
exhibit on Page 12. The reference should be clearly
stated and Paragraph 14(a) should make clear that it is
the Town of Highland Beach's responsibility to provide the
capital improvements as shown on Page 12.
7. Paragraph 16(c) asks the Town of Highland Beach to agree
to financially participate in a proportional manner in the
conversion of radio systems when such system becomes
available to the Fire Department. How is the proportion
to be determined? Paragraph 16(d) and (e) should clearly
indicate what is intended. Paragraph ( d) states the Town
of Highland Beach agrees to honor and financially support
equipment and vehicle replacement schedules and service
"
David Harden, City Manager
April 6, 1993
Page 3
life projections established in and effect by the City of
Delray Beach. What is intended? Paragraph 16(e) requires
the Town of Palm Beach to pay money at the time of
execution of this agreement and to pay for initial
transition expenses necessary to support this agreement.
Some of the transition expenses are specified, others
apparently are not. Is there a projected cost involved?
me if you would like to discuss these
cc Chief Kerry Koen, Delray Beach Fire Department
..
- D R AFT -
INTERLOCAL SERVICE AGREEMENT
BETWEEN
THE CITY OF DELRAY BEACH
AND
THE TOWN OF HIGHLAND BEACH
THIS AGREEMENT entered into on this day of
, 19 by and between the CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation, and the TOWN OF HIGHLAND
BEACH, FLORIDA, a Florida municipal corporation.
WIT N E SSE T H :
WHEREAS, the Town of Highland Beach presently does not
maintain a Fire and Emergency Medical Services Department with
fire fighting and emergency medical equipment and personnel; and,
WHEREAS, the city of Delray Beach does presently
maintain such a Fire and Emergency Medical Services Department
with fire fighting and emergency medical equipment and personnel;
and,
WHEREAS, it is deemed mutually advantageous to enter
into this --Agreement, providing for comprehensive fire and
emergency medical services by the City of Delray Beach within the
municipal boundaries of the Town of Highland Beach; and,
WHEREAS, Florida Statutes 163.01 authorizes execution of
interlocal agreements to provide for such aid and assistance.
WHEREAS, the Town of Highland Beach acknowledges that it
is familiar with the facilities and equipment of the City of
Delray Beach and has informed itself as to the scope and
capabilities of facilities and equipment available, including
those hereinafter identified to be located within the municipal
boundaries of the Town of Highland Beach, and does hereby accept
these services and facilities as being adequate for emergency and
other related purposes.
NOW THEREFORE, it 1S hereby agreed by and between the
parties hereto as follows:
1. The City of Delray Beach, during the term of this
agreement shall provide the following services to the Town of
Highland Beach through the Delray Beach Fire Department and its
officers and personnel.
1 DRAFT 3/30/93
"
A.. Fire Suppression.
B. Heavy Rescue and ,Associated Extrication.
C. Basic and Advanced Life Support pre-Hospital
Emergency Medical Services, not including
transportation to medical facilities.
D. Public Fire Safety Education.
E. Fire Prevention and Life Safety Inspections in
all occupancies other than one and two family
residences.
F. Fire Code and Life Safety plans examination
and review for building permits for
occupancies and structures other than one and
two family dwellings.
G. Initial Hazardous Materials Incident Response
and Scene Control.
l(a). The city of Delray Beach assumes no responsibility
for emergency preparedness planning and program implementation for
the Town of Highland Beach; or site clean up or product/soil
removal resulting from a chemical spill or other form of hazardous
materials incident occurring within the jurisdiction.
2. In the event the City of Delray Beach is notified
by the appropriate officials in the Town of Highland Beach, or by
the public through the Police-Fire Communication Center of the
City of ~ay Beach, of the existence of a fire or other
emergency including the need for emergency medical services within
the municipal boundaries of the Town of Highland Beach the City of
Delray Beach shall supply such emergency equipment and personnel
as are then reasonably available to the City of Delray Beach in
the same manner as provided to the citizens of Delray Beach.
3. The final and ultimate determination as to whether
a particular notification gives rise to a life-threatening or
emergency situation shall solely be the policy determination of
the personnel of the city of Delray Beach.
4. This Agreement shall not be construed to impose any
obligation, duty or responsibility whatsoever on the City of
Delray Beach to provide any specific types, kinds, or numbers of
emergency personnel or apparatus at any fire station of the city
of Delray Beach, or at any emergency scene within the Town of
Highland Beach within a specific time frame. The City of Delray
Beach will dispatch and assign the closest, appropriately staffed
and available vehicle(s) to emergencies within the Town of
Highland Beach consistent with the level of need of the emergency
and the level of resources available to the city of Delray Beach.
4.(a) The City of Delray Beach will however, daily
assign a complement of five ( 5 ) certified personnel to the Fire
2 DRAFT 3/30/93
"
.
station at 3614 ~outh Ocean Boulevard, Highland Beach, along with
one (1) Fire Suppression Apparatus and one (1 ) Paramedic Rescue
Vehicle equipped at the Advanced, Life Support level. These
personnel and th~ specified apparatus and equipment assigned
thereto may be used at any and all times by the City of Delray
Beach Fire Department to support its mission and responsibilities
on a system-wide basis. The city of Delray Beach is responsible
to provide emergency response coverage on a system-wide basis
subject to availability of resources.
4. (b) The parties hereto further understand and agree
that a possibility exists that the Delray Beach Fire Department
may receive simultaneous calls for separate accidents, fires and
other public safety problems. In the event of a simultaneous
occurrence of emergencies, the judgement of the Fire Chief of the
City of Delray Beach, or the senior Fire Department Officer on
duty at the time, as to which call should receive first priority
response, shall be binding upon the parties hereto and shall
control actions of both parties hereto. If the City of Delray
Beach can not respond to a call for assistance due to multiple
calls and/or alarms in progress all reasonable efforts will then
be made by the City of Delray Beach to arrange for a suitable
response from another agency or jurisdiction cooperating with the
City of Delray Beach through various mutual aid agreements in
effect at the time. At the time of the execution of this
agreement the City of Delray - Beach has Mutual Aid Agreements in
effect with the Cities of Boynton Beach, Boca Raton, Deerfield
Beach and Lake Worth as well as Palm Beach County. The City of
Delray Beach agrees to notify the Town of Highland Beach of any
changes in these agreements.
s:--- The Town of Highland Beach acknowledges its
responsibility under section 633.025, Florida Statutes, concerning
minimum Fire Safety Standards. The City of Delray Beach, through
its Fire Department, will conduct all necessary or mandatory fire
safety inspections and inform the Town Manager of the Town of
Highland Beach of any fire safety matters which require
correction. The Town of Highland Beach shall enforce all
applicable fire safety standards in a timely manner and shall
report the abatement and disposition of the reported violations to
the City of Delray Beach. The City of Delray Beach, through its
Fire Department, will provide all necessary technical assistance
to the Town of Highland Beach in order to facilitate this process.
5 (a) . The Town of Highland Beach agrees to adopt, by
ordinance, the same Fire Prevention, Fire Safety and Fire
Protection Standards and Regulations and Model Building Code as
those adopted from time to time by the City of Delray Beach.
Further, the Town of Highland Beach agrees to enforce,
independently if necessary, the provisions of the pre-existing
Palm Beach County fire sprinkler ordinance for existing high rise
buildings, should full compliance not be achieved by October 1,
1993.
6. The Fire Chief of the City of Delray Beach shall
have full and complete authority through the normal chain of
3 DRAFT 3/30/93
"
command over the operation of Delray Beach Fire Department
personnel, vehicles and equipment while in the Town of Highland
Beach.
6(a). The Delray Beach Fire Department shall have
complete authority and control over the use and deployment of any
and all apparatus and equipment acquired by the Town of Highland
Beach for its use and to support this agreement during its
original term or periods of renewal.
7. The Town of Highland Beach officials and employees
and citizens and residents shall not interfere with the direction,
management and deployment of the Delray Beach Fire Department, its
personnel or equipment at any time during fire fighting or other
emergency situations.
8. All suggestions or complaints concerning services
provided under this agreement shall be directed to the attention
of the Fire Chief of Delray Beach, in writing, for proper
administrative remedy and/or response, as the case may be. In the
event the Town of Highland Beach has a dispute with respect to the
city of Delray Beach's performance hereunder, the Town of Highland
Beach, by its governing body, Mayor, Manager or other appropriate
municipal official shall forward to the Chief of the Fire
Department for the city of Delray Beach, the disputed matter. In
the event that the disputed matter is not addressed in a manner
suitable to the Town of Highland Beach, the town shall request of
the Chief of the Fire Department for the City of Delray Beach,
Florida, that the disputed matter be resolved by the City Manager
of the city of Delray Beach. If the disputed matter cannot be
resolved by the City Manager of the City of Delray Beach, the
disputed mat't:er shall be scheduled on the next available Delray
Beach City Commission meeting or workshop as the City Manager
deems appropriate.
9. The Town of Highland Beach shall inspect and test
annually all fire hydrants within its corporate limits to verify
their satisfactory operation and function and agrees to repair or
cause to be repaired all fire hydrants, branch valves, and
sectional valves within the municipal water distribution system
which could affect fire suppression operations. It is further
understood that all fire hydrant threads and the operating valve
direction shall conform with those used by the Delray Beach Fire
Department. Non-conforming hydrants, if any, shall be changed
without delay at the expense of the Town of Highland Beach.
Inoperative fire hydrants, valves, etc. within the municipal
distribution system shall be repaired without delay, but in no
case later that thirty (30 ) days following discovery of any
deficiency. Fire hydrants which are placed out of service shall
be immediately reported to the City of Delray Beach Fire
Department. Immediate notice shall also be given when said fire
hydrants are returned to service.
10. The Town of Highland Beach shall report all street
and road closures and openings immediately to the city of Delray
Beach Fire Department.
4 DRAFT 3/30/93
,
II. A-II exemptions from ordinance and rules, and all
pension, insurance, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of the city of Delray Beach, when
performing their respective functions within the territorial
limits of the City of Delray Beach, Florida shall apply to them to
the same degree, manner, -and extent while engaged in the
performance of any of their functions and duties within the Town
of Highland Beach.
12. The Town of Highland Beach shall reimburse the City
of Delray Beach for certain supplies and consumables, such as
chemical absorbants, hazardous materials vapor suppressions,
chemical testing agents, and hazardous materials recovery drums
and/or other containers used by the Fire Department in the
performance of emergency duties in the corporate limits of the
Town of Highland Beach pertaining to hazardous materials incident
control.
12 (a) . The City of Delray Beach may invoice residents of
the Town of Highland Beach appropriate emergency medical service
fees for supplies and consumable items under the same terms and
conditions as those for residents of the City of Delray Beach,
pursuant to Ordinance No. 50-90 of the city of Delray Beach, or
the Town of Highland Beach may elect to pay the City of Delray
Beach an annual equivalent lump sum amount on behalf of its
residents based on the previous twelve months E.M.S. incident
history. The alternate lump sum amount may be paid ln twelve
equal monthly payments.
13. During the term of this agreement, the City of
Delray Beac~hall be the sole provider of the services enumerated
within the Town of Highland Beach.
13 (a) . The Town of Highland Beach acknowledges that the
City of Delray Beach may elect to incorporate Advanced Life
Support transport services as part of its Emergency Medical
Services System at some point in the future. Should such a
transition be deemed advisable, the Town of Highland Beach agrees
to fully support the City of Delray Beach in its initiative to
secure a certificate of Necessity (C.O.N.) from Palm Beach County
and/or other involved regulatory agencies.
14. The Town of Highland Beach agrees to pay the City
of Delray Beach, during the term of this Agreement, an annual
service fee for the emergency and administrative services
enumerated above, based on the attached schedules and conditions.
This fee entitles the Town of Highland Beach and its residents
access to the previously enumerated fire department services and
programs. Extraordinary events or unusual demands for services
requiring additional personnel and/or equipment to be stationed
within the corporate limits shall be billed separately by the City
of Delray .Beach to the Town of Highland Beach based on the actual
costs to provide these services. In the case of hazardous
materials abatement and/or mitigation, these extraordinary costs
5 DRAFT 3/30/93
,
.
shall be paid directly to the vendors or outside contractors
involved as directed by the city of Delray Beach.
14(a). capital improvements shall be provided and funded
in accordance with the attached schedule and conditions.
15. Beginning October 1, 1993, the Town of Highland
Beach shall pay monthly to the city of Delray Beach one twelfth of
the initial service fee for. the period ending on September 30,
1994. Thereafter, one twelfth of the annual service fee shall be
paid monthly during the term of the agreement. Said payment will
be due and payable on or before the first business day of each
month. The Finance Department of the City of Delray Beach shall
bill the Town of Highland Beach for this amount on or before the
15th day of the preceding month. In the event payment is not made
timely, a late charge equal to the then prevailing legal rate of
interest shall be added to the Town of Highland Beach's liability
to the City of Delray Beach, Florida. Interest shall be
compounded daily commencing with the first business day of each
month. If payment is not received for two successive months, then
upon thirty (30) days notice the city of Delray Beach, Florida,
may terminate its responsibilities as provided herein.
16.(a) The parties agree that the annual serVlce fee
may be adjusted to offset increased costs of providing the
enumerated services and programs due to extraordinary unfunded
mandates of the Federal, state or County governments.
16 (b) . The Town of Highland Beach and the City of
Delray Beach agree that the service fee shall be adjusted annually
based on the "All Urban Consumers - united states" April Consumer
Price Inde~CPI). The projected annual service fee adjustment
will be reported to the Town Manager of the Town of Highland Beach
on or before July 15th of each year.
16(c). The Town of Highland Beach agrees to financially
participate in a proportional manner in the anticipated conversion
of the City of Delray Beach Fire Department radio system to an 800
MH trunked system when such system becomes available to the Fire
Department.
16 (d). The Town of Highland Beach agrees to honor and
financially support equipment and vehicle replacement schedules
and service life projections established and in effect by the City
of Delray Beach.
16(e). The Town of Highland Beach agrees to pay the city
of Delray Beach $331,077 at the time of execution of this
agreement to pay for initial transition expenses necessary to
support this agreement. These transition expenses include
recruitment and testing of new personnel, capital outlay for
personnel and facilities, and personnel orientation and
supplemental tr?ining.
17. The Town of Highland Beach agrees to conduct a
architectural and engineering needs assessment of current fire
6 DRAFT 3/30/93
.,
.
station faciliti@s and systems with the cooperation of the Delray
Beach Fire Department within the first year of the agreement to
identify improvements which may be, needed to support assigned
personnel and equipment, with emphasis on personal and facility
safety and health standards. The parties mutually agree to
establish reasonable and responsive schedules for any such
improvements, except that an emergency generator designed to
automatically support the current Fire station shall be installed
within the first twelve (12) months of this agreement.
18. The Town of Highland Beach conveys to the Delray
Beach Fire Department the full use of the Town's Fire station,
its' systems and related site improvements during the original
term of this agreement or periods of renewal without rental fees
or electrical and/or sewer fees, or storm water assessments fees.
The City of Delray Beach will contract for and pay for its
telephone service, use of L.P. gas and interior building
maintenance costs. The Town of Highland Beach will be responsible
for all exterior maintenance and the maintenance and repair of the
building's water, sewer and electrical systems.
18(a). The Town of Highland Beach shall provide a
minimum of five (5) paved parking spaces for use by assigned
personnel on a 24 hour per day basis. Five (5) additional spaces
shall be temporarily available to facilitate the change of shifts,
and to avoid conflicts with, and delays of apparatus response.
19. The Town of Highland Beach shall acquire, by
October 1, 1993, a comprehensive insurance policy to provide for
the repair and/or replacement of the assigned Paramedic Rescue
vehicle and/or related equipment should this vehicle and/or
equipment ~damaged in a vehicular accident, storm or similar
other circumstance. In addition, this policy shall be expanded to
include the referenced ladder/pumper fire apparatus and its
equipment upon its delivery. Said insurance policy shall be
maintained by the Town of Highland Beach during the original term
of this agreement and for periods of renewal.
19 (a). The Town of Highland Beach shall gain and hold
title(s) for any vehicular apparatus or other equipment acquired
under this agreement, where titles are normally issued, at such
time that full and final payment has been made by the Town of
Highland Beach on such apparatus or equipment and the title has
been transferred.
20. All notifications of claims shall be provided in
writing to the respective Town Manager and City Manager of the
parties hereto. This does not apply to notifications of necessity
for supplying of emergency services which are the subject of this
Agreement.
21. This Agreement represents the entire Agreement
between the parties and supersedes all prior negotiations,
representations, or agreements either written or oral. This
agreement may only be amended or modified in writing and executed
7 DRAFT 3/30/93
'.
,
by all parties :to this Agreement, except as previously provided
above with reference to the annual service fee.
22. The term of this Agreement shall be for ten (10)
years beginning October 1, 1993 and extending through midnight on
September 30, 2003 with options to renew for additional periods of
five (5) years each upon the mutual agreement of both parties
hereto in writing.
23. This agreement may be terminated for good cause
only in the event of breach of its terms or in the event of the
inability of the City of Delray Beach to provide the services
specified herein. In the event that either party desires to
terminate this agreement for good cause resulting from the breach
of its terms, the party alleging the breach shall give notice of
its intent to terminate this agreement at the end of a contract
year upon submission to the other party. Said notice shall be in
writing and shall be given at least twelve months prior to the end
of any twelve month period which commences on October 1st and
terminates on September 30th of the subsequent year. If an
impasse arises as to whether either party has breached this
agreement, each party shall select an independent party to act as
an arbitrator, and the two arbitrators selected by the parties
shall select a third arbitrator and the arbitrators by majority
vote shall decide whether the party has breached this agreement
and shall also decide any other dispute arising hereunder. Said
arbitrators shall act in accordance with the rules of the American
Arbitration Association and the parties hereby agree that they
shall be bound by the decision of the arbitrators. In the event
of termination for cause resulting from the inability of the City
of Delray Beach to provide the services specified pursuant to the
terms of t~ agreement, the City of Delray Beach shall provide
the Town of Highland Beach at least twelve months notice prior to
the end of any twelve month period which commences on October 1st
and terminates on September 30th of the subsequent year.
23 (a). In the event that the Town of Highland Beach
desires to provide its own Fire-Rescue services or contract with
another agency for this service, the Town of Highland Beach shall
give the City of Delray Beach at least twenty-four (24) months
written notice of its intent to terminate the agreement.
24. Any cost of expenses, including reasonable
attorney's fees, associated with litigation concerning the terms
and conditions of this agreement shall be borne by the
non-prevailing party, provided however, that this clause pertains
only to the parties to this agreement.
S DRAFT 3/30/93
.,
.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their duly authorized officers on this
day of , 19 .
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Form:
TOWN OF HIGHLAND BEACH, FLORIDA
By:
City Attorney, City of Delray Mayor
Beach
ATTEST:
Town Clerk
Approved as to Form:
Town Attorney, Town of Highland
Beach
----
9 DF~FT 3/30/93
~
.
INITIAL SERVICE FEE SCHEDULE AND CONDITIONS
FISCAL YEAR 1993-1994 ONLY
A. PERSONNEL COSTS -
1. Staffing - Fire station
October 1, 1993 to December 31, 1993 $ 273,557.
2. Staffing - Fire Station
January 1, 1994 to September 30, 1994 $ 572,192.
3. Staffing - Support Functions
October 1, 1993 to September 30, 1994 $ 33,936.
4. Fringe Benefits for 2 and 3 $ 157,593.
5. Overtime for 2 and 3 $ 20,665.
----
B. OVERHEAD - October 1, 1993 to Sept. 30, 1994 $ 124,872.
C. OPERATING EXPENSES - $ 22,868.
October 1, 1993 to September 30, 1994
FIRST YEAR PERSONNEL, OVERHEAD AND OPERATING EXPENSES $1,205,683.
10 DRAFT 3/30/93
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ANNUAL SERVICE FEE SCHEDULE AND CONDITIONS
FISCAL YEAR 1994-1995 AND SUBSEQUENT YEARS
A. PERSONNEL COSTS -
1. Staffing - Fire Station
October 1, 1994 to September 30, 1995 $ 762,922.
2. Staffing - Support Functions
October 1, 1994 to September 30, 1995 $ 33,936.
3 . Fringe Benefits for 1 and 2 $ 207,183.
4. Overtime for 1 and 2 $ 27,553.
B. OVERHEAD - October 1, 1994 to Sept. 30, 1995 $ 124,872.
C. OPE~ING EXPENSES - $ 33,763.
October 1, 1994 to September 30, 1995
D. CAPITAL OUTLAY -
October 1, 1994 to September 30, 1995 $ 11,423.
ANNUAL PERSONNEL OVERHEAD AND CAPITAL OPERATING EXPENSES *
$1,201,652.
* Plus price adjustments specified by various Sections of the
Interlocal Service Agreement.
11 DRl-l.FT '3/30/93
.,
,
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INITIAL CAPITAL IMPROVEMENT - SCHEDULE AND CONDITIONS
March 26, 1993
A. FIRE APPARATUS AND EOUIPMENT -
( 1) . The Town of Highland Beach shall provide one (1 ) new,
fully equipped, aerial platform/pumper and equipment package,
designed to the specifications of the Delray Beach Fire
Department. Bidding and contract award shall be the
responsibility of the City of Delray Beach with delivery on or
about November 1, 1994.
(2) . Financing for this equipment will be arranged by the
Town of Highland Beach.
(3) . A fee in the amount of $3,360 for equipment
acceptance, testing and preparation shall be paid to the city of
Delray Beach upon delivery of this apparatus.
B. PARAMEDIC RESCUE VEHICLE -
(1) . The Town of Highland Beach shall provide one (1) new,
fully equipped, type III, Advanced Life Support rescue vehicle
capable ~A.L.S. transport, designed to the specifications of
the Delray Beach Fire Department. Bidding and/or contract award
shall be the responsibility of the City of Delray Beach with
delivery on or about October 1, 1993.
(2) . Financing for this equipment will be arranged by the
Town of Highland Beach.
(3) . Payment shall be made to the City of Delray Beach upon
receipt of necessary equipment and supplies for this apparatus
based on an estimated cost of $17,500.
( 4) . A fee in the amount of $840 for equipment acceptance
testing and preparation shall be paid to the city of Delray
Beach upon delivery of this apparatus.
12 DRAFT 3/30/93
.
,
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTLl9
DAVID KOVACS, DIRECTOR, PLANNING & ZONING
RE: BUDGET ALLOCATION - ALL-AMERICA CITY AWARD
- -
DATE: APRIL 8, 1993
ITEM BEFORE THE COMMISSION:
- -
City Commission approval of budget allocation for expenses
associated with the City's presentation in Tampa, Florida for the
All-America City Award.
BACKGROUND:
The City received notice on Monday, April 5th, from the National
Civic League that we had been selected as one of the 30 finalists
for the 1993 award. The Jury Hearings and Civic Action Fair will
be held in Tampa, Florida, May 20th -22nd. We are now preparing
for this trip with an established Presentation Committee. The
following list of items are anticipated expenditures for the
City:
1. Chartered Bus(s) - made available to citizens who wish to go
to "show the spirit," along with presentation participants.
2. Community Booth - materials, monitor, VCR equipment, T-
Shirts, printing costs, give-away items.
3. Lodging - block of rooms at host hotel, Hyatt Regency
Westshore in Tampa and made available to presentation
participants and invited persons. The number of rooms
required is based on anticipated needs. Rooms are at the
reduced rates of $75 (single) and $85 (double) per night.
4. Per diem meal expenses for presentation participants based
on need. (Estimated at $50 per person) .
Additionally, the Presentation Committee will be requesting local
business support and sponsorship of:
1. Friday Morning Participants Breakfast
2. Friday Afternoon Busch Garden visit (primarily for children;
adults to pay own ticket cost) .
9.G.
'.
Commission Meeting - April 13, 1993
All-America City Award
Page 2
City Employees who actively participate will be allowed
Administrative Leave and will not be reimbursed for travel,
per diem or lodging expenses. City vehicles may be used for
travel to and from Tampa.
Based on a total estimation of all proposed costs, we are asking
for a budget allocation of $9,000. We have attached a detailed
expense projection for your reference.
RECOMMENDATION:
We recommend that the City Commission authorize a budget
allocation of $9,000 for the purpose of the City of Delray
Beach's participation in the All-America Cities Award.
LB:DQ
Attachments
'.
-
DETAILED BUDGET
ALL-AMERICA CITY PRESENTATION
TAMPA, FLORIDA
MAY 20-22, 1993
l. Chartered Bus(s) $ 3,400
Anticipate 2 buses leaving
Thursday afternoon, May 20th and
returning Saturday morning, May 22nd.
2. Community Booth 1,800
Materials, give-aways (T-shirts, hats,
buttons), printing costs, backdrop, etc.
3. Lodging - 15 rooms at $85 each 2,550
Anticipates required presentation
participants (citizens)
4. Per Diem Meal Expenses 600
Calculated at $25 per day for 2 days
for 12 persons
5. Miscellaneous Costs 600
TOTAL $8,950
93Mem
AAC. CC
'.
City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 9-Apr-93
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Budget
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
001-6111-519.99-02 Contingency. 9,000
001-2711-524.48-90 Other Promotional Activities 9,000
9,000 9,000
(10) TOTAL
JUSTIFICATION: Estimated expenses for the City's participation in the All-American
Cities Award program. 5/20-5/22/93, Tampa FL
Department Head Asst City Manager
Budget Officer City Manager
(11) . Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.,
.
,
, Agenda I tem No.:
AGENDA REQUEST
Date: 4/8/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 4/13/93
Description of agenda item (who, what, where, how much):
Authorize $9 000 for ex enses for the Cit's artici ation in the All-America
Cities Award program, Tampa, Florida 5/20-5 22 93
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Fundinq available: ~I NO
Funding alternative. (if applicable)
Account No. & DescriP4-~: 1l2AN<;FEf< FR()1J.II. (;t)fJTIAfG,SNr->-j
Account Sa lance: 2--1 I
I
City Manager Review: @, NO rn
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER :J!t1
SUBJECT: AGENDA ITEM i ~AI - MEETING OF APRIL 13. 1993
GOLF COURSE CLUBHOUSE PROPOSAL
DATE: April 9, 1993
Attached as backup material for this item is a copy of a revised eight
year proforma (Revenue/Expense) projection for the Municipal Golf
Course, an independent financial review of restaurant/catering
operations and a report of the Site Plan Review and Appearance Board
meeting of April 7, 1993.
A revised balance sheet based on the proforma, debt service and tax
requirements will be distributed to you on Monday, April 12th. The
Planning and Zoning Board will consider this item at their April 12,
1993 meeting. A report of that meeting will be provided to you prior
to Tuesday evening's meeting.
LJi~~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1fJ1
SUBJECT: AGENDA ITEM i 9.:r. - MEETING OF APRIL 13. 1993
SERVICE AUTHORIZATION NO. 11/HAZEN AND SAWYER
DATE: April 9, 1993
This item is before you to consider a service authorization in the
amount of $33,338 to the contract with Hazen and Sawyer for consulting
services to design and prepare contract documents for the gravity
sewer to be installed adjacent to the northeast properties in the
Homewood Park subdivision and to design and provide contract documents
for a new Lift Station 57B and demolition of the existing Lift
Station.
This work is necessary in order to expedite the removal of septic
tanks adjacent to the Golf Course Wellfield. The proposed lift
station will be designed to handle sewage from the 14 homes in the
Homewood Park Subdivision as well as the existing and proposed club
house at the Municipal Golf Course.
Recommend approval of Service Authorization No. 11 in the amount of
$33,338 to the contract with Hazen and Sawyer with funding from 1991
Water and Sewer Revenue Bond - Enclave Water/Sanitary Sewer Phase II-
Engineering/Architect (Account No. 447-5175-536-31.30); pending budget
transfer from Enclave Water/Sanitary Sewer Phase II - Buildings
(Account No. 447-5175-536-60.31).
.
Agenda Item No.s
AGENDA REQUEST
Dates March 5 J 1993
Request to be placed onl
XXX Regular Agenda
Special Agenda
Workshop Agenda Whenl March 2~; 1993
Description of item (who, what, where, how much) I Staff requests City Commission to
approve Service Authorization No. 11 to Hazen & Sawyer for design of Lift Station 57B at the Golf
Course and sanitary sewer at the N.E. corner of Highland and Homewood.Blvd. This project will
eliminate all septic tanks currently existing at the Golf Course Well field Zones. Funding source
wi 11 be 447 -5175-536-31 .30 at a cost of $3~~338.,
ORDINANCE/RESOLUTION REQUIREDI YES/NO DRAFT ATTACHED YES/NO
Recommendationl Staff recommends City Commission to approve Service Authorization No. 11 to
Hazen & Sawyer i n the amount of .$:B-,338.00.
Department Head Signaturel ~~o- -~~ ~ /tff~ ~
!
Determination of Consistenoy with Comprehensive Plans
City Attorney Review/Reoommendation (if applioable)
"
Budget Dtreotor Review (required on all items involving expenditure of funds) I
Funding available: YES/NO
Funding alternatives (if applioable)
Account No. & Description
Account Balance
City Manager Review; I
~, t1/IV]
Approved for agendas ~NO
Bold Untils
Agenda Coordinator Reviews
Receiveds
Placed on Agendal
Actions
Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden
City Manager ~
THRU: William H. Greenwood pJ~
Director of Environmental Services
FROM: George Abou-Jaoude
Deputy Director of Public Utilities
SUBJECT: SERVICE AUTHORIZATION NO. 11 - HAZEN & SAWYER
PROJECT NO. 93-30
WATER & SEWER FOR THE NORTH PART OF HOMEWOOD
PARK & REPLACEMENT OF LIFT STATION NO. 57B
DATE: March 31, 1993
Attached is a copy of the agenda request and Service
Authorization No. 11 to Hazen & Sawyer for the above referenced
project.
This project was negotiated with Hazen & Sawyer because they
designed the first phase of the water & sewer for Homewood Park
which was constructed in January & February of this year. Most
of the design information already exists at their office. They
already highlighted the deficiencies of Lift Station 57B in their
Wastewater Master Plan.
We feel we can save time and money by authorizing Hazen & Sawyer
to do this work.
Please review and if approved, please place on the next City
Commission agenda.
GA: smm
File: Memos to City Manager
Project No. 93-30(D)
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r UV1r.mih(~1 Hd (f !:~V!l:t ,;
CITY OF DELRAV BEACH 93 HAR 17 Pl1 2: 29
CONSULTING SERVICE AUTHORIZATION H t C t.l \l EO
DATE: February 18, 1993
SERVICE AUTHORIZATION NO. 11 FOR CONSULTING SERVICES
CITY P.O. NO. CITYEXPENSECODE: .447-517~-53~-31. 30
PROJECT NO. (CITY) 215.C1 (HAZEN AND SAWYER, P.C.)
TITLE: Provision of Sewer Services to the Homewood Park Desion and replacement of
Lift Station 57B
.
This Service Authorization, when executed, shall be incorporated in and shall b~come an integral
part of the contract dated April 1, 1992, between the City of Delray Beach and Hazen and
Sawyer, P .C.
I. PROJECT DESCRIPTION
This Service Authorization No. 11 covers the design of gravity sewers for design changes in the
Homewood Park subdivision, replace Lift Station 578 and provide sewer lines for 14 homes and
the existing club house. The proposed lift station will be designed to handle sewer from the 14
homes as well as existing and proposed club house at the golf course. The proposed sewer lines
will expedite the removal of septic tanks adjacent to golf course wellfield and its negative impact.
II. SCOPE OF SERVICES
A. Phase I - Study and Report - Not Applicable
B. Phase II - Preliminary Deslon Phase - Not Appl~cable
C. Phase III - Final Deslon Phase
1. Homewood Park Desion
Provide design services and prepare contract documents for the gravity sewer at
the north east properties. Services will also Include surveying and all associated
permits.
2. Lift Station 578 and New Collection System
Design and provide contract documents for a new Lift Station 578 and demolition
of the existing Lift Station.
Page 1 of 3
4082C003. BCA:03-17-93
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Design and provide contract documents for new gravity collection system for 14
homes, including drainage pipe, service connections and manholes. The system
will consist of approximately 2100 LF of 8" sanitary sewer pipe south along
Homewood Boulevard and east along Highland Street to the new lift station #57B.
These sewer lines will expedite the removal of septic tank and potential impact on
the golf course wellfield. The new Lift Station will also serve the existing club
house as well as the proposed club house at the golf course.
D. Phase IV BlddlnalNeaotlatlon Phase
CONSULTANT shall provide bidding services for the Homewood Park Design as
well as Lift Station 57B.
E. Phase V CONSTRUCTION PHASE
CONSULTANT shall spend additional field observation (not to exceed 120 hours)
in regard to the construction of Homewood Park, the Sewer Lines and Lift Station
57B.
m BUDGET
Description Fees
Phase III 22,010
Phase IV 2,940
Phase V 9,312
$33,338
IV COMPLETION DATE
The estimated time of completion for this work is six (6) weeks from authorization to
proceed. Approximately two (2) weeks are required for surveying and mapping and four
(4) weeks for engineering design.
,
Page 2 of 3
4082C003.BCA:03-17-93
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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 any Service Authorization approved by the CITY to be included as part of the
contract without any further notice to proceed..
APPROVED BY:
THE CITY OF DELRAY BEACH HAZEN AND SAWYER, P.C.
Date Date
By ~ ~~h '->-\ ~ '"J
Signature /Saade M. ChibmH, P.E.
Associate
Print Name Witness
Title Witness
Attest State of Florida
County of Palm Beach
Approved as to legal Sufficiency and Form
I HEREBY CERTIFY that on this date before
me, an officer duly authorized in the state
and county named above to take
acknowledgements, personally appeared
, known to me to be
the person in and who executed the
foregoing Instrument, and acknowledged
before me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me
this day of ,1993.
Notary Public
My Commission Expires:
Page 3 of 3
4082C003.BCA:03-17-93
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date March 11, 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number ~/65D
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
447-5175-536-60.31 Enclaves - PhaseII - Bld~3 $ 55,835
447-5175-536-31.30 Enclaves - Phasell - Engr $ 55,835
(10) TOTAL $ 55,835 $ 55,835
JUSTIFICATION: Transfer needed to cover engineering services from Hazen & Sawyer for
design of Lift Station 57B at the Golf Course and the sanitary sewer at the N.E.
corner of Highland & Homewood Blvd. THis pro1ect will eliminate all septic tanks
currently existing at the Golf Course Wellfield Zone.
Service Authorization No. 11 - Citv Commission Meeting of March 23, 1993.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINM,-R\ InAJ:1' r.ANARV-I=II J: 13,,,,1( _nJ:D II OTUJ:MT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8"n
SUBJECT: AGENDA ITEM i 9'J" - MEETING OF APRIL 13. 1993
SERVICE AUTHORIZATION NO. 9/0'BRIEN. SUITER & O'BRIEN. INC.
DATE: April 9, 1993
This item is before you to approve a service authorization in the
amount of $9,000 to the contract with O'Brien, Suiter and O'Brien,
Inc. for surveying services in conjunction with the Brandon Drive
water and sewer extension project. This service authorization
requires Commission approval because the total amount of work under
the contract with O'Brien, Suiter and O'Brien, Inc. is greater than
$10,000.
The scope of service for this authorization includes providing field
work and preparing a survey of Brandon Drive and the west half of
Barwick Road within the limits shown on Exhibit A, which is attached
as backup material for this item.
Recommend approval of Service Authorization No. 9 to the contract with
O'Brien, Suiter and O'Brien, Inc. in the amount of $9,000 with funding
from Water and Sewer Fund Project Reserves (Account No.
441-5181-536-99.01). Account No. 441-5181-536-69.12 will be
established for Brandon Drive project.
"
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~-f/ .. "
.
.~; <:'V'" (,
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_at L~n_
(407) 243-7090
MEMORANDUM
Date: April 1, 1993
To: David Harden, City Manager
Tolces, Assistant City Attorne~
From: David N.
Subject: Brandon Drive Water and Sewer Extension
Project #93-024; Service Authorization #9 with
O'Brien, Suiter & O'Brien, Inc.
The attached Service Authorization No. 9 with O'Brien, Suiter
& O'Brien in the amount of $9,000.00 will provide for surveying
services in conjunction with the Brandon Drive water and sewer
extension project. The Service Authorization is in the amount
of $9,000.00, and pursuant to Section 36.12(B), this Service
Authorization must be approved by the City Commission because
the total amount of work under the contract with O'Brien,
Suiter & O'Brien is greater than $10,000.00.
The work pursuant to this Service Authorization will require
O'Brien, Suiter & O'Brien to prepare a survey of Brandon Drive
in the west half of Barwick Road within the limits shown on
Exhibit A, which is attached to the Service Authorization. The
budget estimate of services is $9,000.00, which includes
$6,400.00 for the Brandon Drive survey and $2,600.00 for the
Barwick Road survey. The work shall be completed no later than
45 days from the date of issuance of the notice to proceed.
Please place this item on the next available City Commission
agenda. If you have any questions, please call.
DNT : s h
Attachment
cc: Cheryl Leverett, Executive Assistant
Dick Hasko, Assistant City Engineer
brandon.dnt
'.
O'BRIEN, SUITER' O'BRIEN, INC.
CITY OF DELRAY BEACB
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 9 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE Lf4-l,. --'71 leY - 5-31.1- bl. ftl
PROJECT NO. 93-024 (CITY) ( O'BRIEN, SUITER & O'BRIEN)
TITLE: BRANDON DRIVE WATER AND SEWER EXTENSION
This Service Authorization, when executed, shall be incorporated in and
shall become an integral part of the Contract between the City of Delray
Beach and O'brien, suiter & O'brien, Inc.
I. PROJECT DESCRIPTION
Extension of water and sewer mains along Brandon Drive east of
Barwick Road, and extension of a sewer force main along Barwick
Road between Brandon Drive and Lake Ida Road.
II. SCOPE OF SERVICES
A. Provide field work and prepare survey of Brandon Drive and the
west half of Barwick F.oad within the limits shown on the
attached Exhibit A showing all platted rights-of-way, lot
numbers, block numbers, property lines, dedicated easements,
field topography and horizontal locations referenced by
baseline station and offset of all existing improvements
within the right-of-way extending 25' beyond right-of-way and
limits of project to include the following:
1. Topographic elevations at 50' intervals to depict
centerline grade (existing PGL) , edge of pavement grade,
location and grade of curb, gutter, swale centerline,
front and back of sidewalk, and right-of-way line,
including cross sections at all P.C./P.T. points of
intersection return radii, and P.I. of intersections.
Additional cross sections will be taken as required to
depict all vertical grade change points (PVI's). All
building structures within 30 feet of the road right-of-
way shall be indicated on the survey including finish
floor elevations. A minimum of two elevations shall be
shown at all driveways (R/W line and 15 feet beyond) to
indicate direction and slope of driveway.
"
2. Location and dimensions of existing roadway, pavement,
driveways, sidewalk3, curb, etc., including P.C./P.T. of
intersection return radii.
3. Location of existing utilities and drainage facilities
including pipe diameter, direction and invert elevations,
rim/grate elevations of all storm, sanitary, and other
accessible structures exclusive of Florida Power and
Light/Southern Bell facilities. Coordination with
U.N.C.L.E. or utility service provider for locations of
existing facilities shall be included in the surveyor's
scope of services.
4. Location of all trees, shrubs, mailboxes, signs, fences,
and other encumbrances found within the right-of-way.
5. Provide and reference benchmarks at maximum 600'
intervals.
III. SUBMITTAL MATERIALS
A. All field notes in neat legible form.
B. One (1) plot of the drawing on reproducible media at 1"=20'
scale, and one (1) print certified by the~rveyor.
C. One (1) computer disk (3 1/2" high density media) containing
the survey and drawing information in a format compatible with
AutoCad v.11 or 12. Separate layers for AutoCad information
shall be established as a minimum as tallows:
1. Right-of-way text 5. Right-of-way-lines
2 . Lot text 6. Lot lines
3 . Locations text 7. Locations data
4. Topographic text 8. Survey notes and data
IV. BUDGET ESTIMATE OF SERVICES
A. compensation for services described here in shall be in the
Lump Sum amount of $ 9,000.00 applied as follows:
1. compensation for the Brandon Drive survey shall be in the
Lump Sum amount of $ 6,400.00 payable upon submittal of
materials listed in Section III above.
2. compensation for the Barwick Road survey shall be in the
Lump Sum amount of $ 2,600.00 payable upon submittal of
the materials listed in item III above.
V. COMPLETION DATE
A. The work as described herein shall be completed and all
required materials submitted to the city no later than forty-
five (45) days from the date of issuance of the Notice to
Proceed.
.,
\
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous service
authorization. If the City in it's 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
liabili ty. The CONSULTANT may not commence work on any services
authorization approved by the city to be included as part of the
contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH:
Date: Date:
David T. Harden
City Manager
wit ss
Wall' m-:~/
witness ---
Attest: STATE OF r t.. tJ RI DA
COUNTY OF PALM BE/Jelf
The foregoing instrument was
acknowledged ~re me this
Approved as to Legal '29rHday of ,J -
Sufficiency and Form by v(JHiJ~. ~HAJ~ ~~/I)?{iAS
(name of officer or agent,
tit.l~ QJ:. qf,ficer or...sg~nt), of __ill ,~I
o '~Klttl/J::}I//r&',c V-,1~P/~J~l.
(. name ofcorporat:ron
acknowledging), a ~~AeIJ)A
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/Sfte is (personally known to
me) (or has ~~oduced
i~ti&7Jion) rc~~lJpA/..l..'/
~ 'II/. MC' (type of
identification) (as
identification) and (did/&4d
take an oath.
~~
Taking
S:r nature of A:cknowledger
Typed, Printed or Stamped
CAROL F. BAXTER Notary Public. State of Florida
. NOTARY PUBLIC My Commission Expires Sept. 5, 1994
COMM NCC 036709 -...lITh,uT"'7'a...'."....._'.....
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P"1
SUBJECT: AGENDA ITEM i q~ - MEETING OF APRIL 13. 1993
CHANGE ORDER NO. 3/J.W.R. CONSTRUCTION SERVICES
DATE: April 9, 1993
This is a change order in the amount of $12,938.06 and which extends
the contract completion date by 23 days for J. W. R. Construction
Services for miscellaneous changes to the Fire Station No. 5 project.
The proposed changes include relocation of a tamper switch from inside
the apparatus bay area to the exterior of the building; installation
of underground conduit for a future traffic control signal; and,
installation of roof gutters.
Recommend approval of Change Order No.3 in the amount of $12,938.06
and the extension of the contract completion date by 23 days for J.W.R
Construction Services; with funding from 1992 Bond Anticipation Note -
Fire Station No.5 (Account No. 227-2311-522-61.57).
.,
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Agenda Item No.:
.
AGENDA REQUEST
Date: April 7, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 13, 1993
Description of item (who, what, where, how much): Staff requests city
Commission to approve Change Order #3 to J.W.R. Construction Services on Fire
Station #5 Project (92-18) . change Order No. 3 includes relocation of a tamper
switch from inside of apparatus bay area to exterior of building per the Fire
Dept. ; installation of underground conduit for future traffic control signal
in front of station and corner of Linton Blvd and Germantown Road per City
Traffic Engineer; installation of roof gutters to alleviate damage to
landscaping from rain run-off; and a Twenty Three day time extension for
miscellaneous changes and rain delays.
These changes are itemized and detailed further on the Change Order attached.
Change Order #3 is for a net add amount of $12,938.06 (Exhibit "A" attached).
Funding Source is 227-2311-522-61.57 in the amount of $12,938.06.
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit "C"
attached) .
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #3.
D~partment Head ~
S~gnature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds)'
Funding available: E ~NO
Funding alternativ (if applicable)
Account No. & DescriPtionfg1-1?J1I-522.h~ RA-tJ - A2E. c;;r~
Account Balance~.~.
City Manager Review: ' 1
Approved for agenda: €fJNO !J1l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
'.
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~. CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
. '
CHANGE NO. 3 PROJECT NO. 92-018 DATE: April 7. 1993
PROJECT TITLE: Fire Station #5
TO CONTRACTOR: J.W.R. Construction Services. 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:
1. Time extension due to above normal rain in 1992 per attached data.
2. Add labor. material and supervision per attached documentation:
a. Revise tamper switch location per City's request ...~.............. S 501.00
b. Connect underground conduit to City installed pull boxes and
conduit under driveways per attached drawing prepared by City... S 4,785.73
3. Add labor, material and supervision per attached documentation:
Installation of 100 LF of 6" X 6" gutters. 7 downspouts/PVC drain pipes
to pavement outfall locations, and lump-sum restoration ................ S 7,651.33
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT 646.699.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 7 . 723.40
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 654.422.40
COST OF CONSTRUCTION CHANGES THIS ORDER 12.938.06
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 667.360.46
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 2.00 %
TOTAL PER CENT INCREASE/DECREASE TO DATE 3.19 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 23 CALENDAR DAYS TO 4/7 /93
Date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
(SEAL)
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
227-2311-522-61.57
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commision
RECOMMEND: By:
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
.,
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GALLO · DUBOiS
GALLO J.\V.R.
ARCHITECfS. DEVELOPMENT CONSULTANTS CONSTRUcnON SERVICES,INC.
FL-AROOO8440 NJ-AI06070 CGC03403I
'P'."?\
rf Y. '
DATE: FEBRUARY 25, 1993 ~t.C:c (,-,.
~~~ t 't1~~
CITY PROJECT NO.: 92-1B
ARCHITECT'S PROJECT NO. 92-237
. PROJECT: FIRE STATION #5
4040 OLD GERMANTOWN ROAD
DELRAY BEACH, FLORIDA 1
TO: MR. TIM HULLIHAN
GEE & JENSON, INC.
ONE HARVARD CIRCLE
WEST PALM BEACH, FL. 33409-1923
WE ARE REQUESTING A CHANGE ORDER NUMBER 12 AS FOLLOWS:
EXTENSION OF TIME DO TO ABOVE NORMAL RAIN IN 1992,
THE MONTHLY TOTALS ARE AS FOLLOWS:
ACTUAL RAIN DAYS NORMAL RAIN DAYS OVER NORMAL RAIN DAYS
AUGUST 17 16 1
SEPT. 24 17 7
NOV. 14 9 ~
13 DAYS
"BACK UP IS ATTACHED"
THIS RCO IS FOR A TIME EXTENSION OF 13 DAYS CHANGING SUBSTANTIAL
COMPLETION TO MARCH 2BTH 1993 AND FINAL COMPLETION TO APRIL 14TH
1993. NOTE NO INFORMATION IS AVAILABLE FOR 1993 RAIN AS OF THIS
RCO.
IF THIS PROPOSAL FOR A CHANGE ORDER IS ACCEPTABLE, PLEASE PREPARE
A CHANGE ORDER FOR DISTRIBUTION AND SIGNATURE.
D:\WP\JWR\DOC\9216\C012REQUEST.225
441 N.E. FOURTH AVENUE . SUITE 5 . FORT LAUDERDALE, FLORIDA . 33301 . (305) 463 - 9005 . FAX (305) 463 ' 2426
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GALLO · DUBOIS
GALLO J.W.R.
ARCHITECTS. DEVELOPMENT CONSULTANTS CONSTRUCTION SERVICES, INC.
FL-AROOO8440 NJ-AI06070 CGC034031
DATE: JANUARY 11, 1993
CITY PROJECT NO.: 92-18
ARCHITECT'S PROJECT NO. 92-237
PROJECT: FIRE STATION #5
4040 OLD GERMANTOWN ROAD
DELR.lW BEACH, FLORID.r..
rr:, ~ HR. TIM HULLIHAN
1_' .
GEE & JENSON, INC.
ONE HARVARD CIRCLE
WEST PALM BEACH, FL. 33409-1923
RE: ARCH RCO #11
WE ARE REQUESTING A CHANGE ORDER NUMBER 11 AS FOLLOWS:
1. RELOCATE .TAMPER SWITCH FROM INSIDE
BAY AREA TO EXTERIOR OF BUILDING. $ 265.00
2. FIRE SPRINKLER TAMPER SWITCH ON
BACK FLOW PREVENTER. $ 163.00
SUB TOTAL $ 428.00'-
BOND FEE $ 7.00
OVERHEAD AND PROFIT $ 66.00
1 GRAND TOTAL $ 501.00
NOTE: ADDITIONAL TIME - 2 DAYS "
D:\W?\JWR\DOC\9216\C011REQUEST.0111
441 N.E. FOURTH AVENUE . SUITE 5 . FORT LAUDERDALE, FLORIDA . 33301 . (305) 463 - 9005 . FAX (305) 463 - 2426
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GALLO · DUBOiS
GALLO J.\V.R.
ARCHITECfS . DEVELOPMENT CONSULTANTS CONSTRUCfION SERVICES. INC.
FL-AROOO844O NJ-A106070 CGC03403 I
~
DATE: MARCH 29, 1993
CITY PROJECT NO.: 92-18
ARCHITECT'S PROJECT NO. 92-237
PROJECT: . FIRE STATIPN #5
4040 OLD GERMANTOWN ROAD
DEL RAY BEACH, FLORIDA
TO: MR. TIM HULLIHAN
GEE &. JENSON, INC.
ONE HARVARD CIRCLE
WEST PALM BEACH, FL. 33409-1923
RCO # 15
RE: RFP #8
PROVIDE LABOR, MATERIALS AND SUPERVISION TO INSTALL UNDERGROUND
CONDUIT AND PULL BOXES AT THE NE AND NW CORNERS OF THE SITE PER THE
ATTACHED DRAWINGS. THE CITY OF DELRAY IS TO PROVIDE CONDUIT, JACK
AND BORING FOR CONDUIT UNDER ALL PAVED AREA'S.
LABOR $ 1,320.00
MATERIAL $ 480.00
EQUIPMENT RENTAL $ 1,440.00
DEBRIS REMOVAL $ 360.00
SUPERVISION L- 500.00 II'
SUB TOTAL $ 4,100.00
BOND FEE $ 61. 50
o &. P S 624.23
TOTAL S 4,785.73
TIME EXTENSION 4 DAYS
IF THIS PROPOSAL FOR A CHANGE ORDER IS ACCEPTABLE, PLEASE PREPARE
A CHANGE ORDER FOR DISTRIBUTION AND SIGNATURE.
441 N.E. FOURTH AVENUE . SUITE 5 . FORT LAUDERDALE, FLORIDA . 33301 . (305) 463 - 9005 . FAX (305) 463 - 2426
.,
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RCV BY:GEE & JENSON ; 4- 6-93 ; 3:40PM; ceIn G3.. Executive Group;' 2.
.
~ -:--._._~~;. ~t=~ : ' ..:: : IH 1 r ~ :~~~ .;;'.--.:
GALLO · OllBOIS
{.; \.!.:.l) ,J\\,I<.
o\ltCHIT6CTS .l.)I,\i".IIII'MFNT ,:ONSUI.TANTS CON&TR III r 11 , ; ..H~" I('P.", INC'.
fL.ARMCI!l4d1l NJ.''106070 n " 1141111
;'I.Ti', : MARCH 29, 1993
:',' PROJECT NO.: 92-18
;\;" 'IITe:CT'S PROJECT NO. 92-237
-: .. : f:o:C'f: FIRE STATION #5
4040 OLD GERMANTOWN ROAD
DELRAY BEACH. FLORIDA
MR. TIM HULLlHAN
GEE & JENSON, INC.
ONE HARVARD CIRCLE
WEST PALM BEACH, FL. 33409"1923
~C:6 If 1 6
IZe t f(A [N GUTTER
PROVIDE LABOR, MATERIAL AND SUPERVISION TO INSTALL .040 WHITE
ALUMINUM GUTTERS WITH 4XS AND 6X6 DOWN SPOUTS, 6" rVc, I?IPE
VNDERGROUNDAT TWO LOCATIONS, DIVERTERS AND TWO VA~~\e? AND
SEAL TOP EDGE. AS PER TIM HULLlHAN'S INSTRUCTIONS.
MATERIAL $ 2,985.1I0
LABOR S 2.770,uO
$ 5,755.0d,
SUPERVISION AND RESTORATION S ,.._.a.OO .00 ,.
SUB TOTAL $ 6,555.00
BOND FEE $ 98.~'
o & p $.__.____~le. 00
TOTAL $ 7 , 6 51. 3~
-n ~.{l:: EXTENSION 4 DAYS
LF THIS PROP.OSAL FOR A CHANGE ORDER IS ACCEPTABLE, PLEASE 1'~ofo:PARE
^ CHANGE OR~ER FOR DISTRIBUTION AND SIGNATURE.
J ..J 11 I l
441 N.E. FOURTN II V2NUl . SUITE 5 . FORT LAUDERDALE. FLORIDA . 33301 . (30S) 463 .9005 . J; ,\ '\ IWi I 463 . 2426
-- \WP\JWR\DOC\9216\C016REQUEST.0329
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EXHIBIT "A"
Change Order # 3
Project No. : 92-018
Project Name: Fire Station #5
Item RFQ/ Total Comments
No. Description COR #
------------------------------------------------------------------------------------------------------------------------------------
1 Relocate tamper switch from inside of bay area to exterior of RCO 11 $501. 00 Fire Department request
building per the Fire Departments Request.
2 Install underground conduit for future traffic control signal RCO 15 $4,785.73 Traffic Engr request
in front of station and at corner of Linton and Germantown Rd. thru Palm Beach County
3 Install roof gutters to building at designated areas and RCO 16 $ 7 , 651. 33 Architect design
connect to storm drainage system to alleviate landscape recommendation against
run-off; 100 ft of gutter, 7 downspouts w/PVC drains to landscape run-off
pavement, and lump sum restoration package.
----------------
$12,938.06
--------------------
--------------------
"
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CummulativB Change Order Summary
EXHIBIT "elf
Project No. : 92-018
Project Name: Fire Station 115
RFQ Change Explanation Cost Percent of
Order Original
Contract
--------------------------------------------------------------------------------------------------------------- -----------
CITY REQUESTED CHANGES
1 CO 1 City Requested - (Fire Dept) Delete ceramic tile bench in shower at $18.00
the decontamination room 11130; delete all existing exit signs indicated
and replace with ones approved by Fire Dept; and delete ceramic baSB
from room 11102 and replace with vinyl base to match other rooms.
4 CO 2 City Requested - (Public Utilities) Requested that the 6" double detector $2,011.75
check valve assembly be relocated, and that the 8" Water Main along
the front property be extended beyond the east property line.
6 CO 2 City Requested - (Fire Dept) Revisions to the telephone system, Tone- $1,864.00
Alert system, and the addition of a dual tone doorbell system.
7 CO 2 City Requested - (Fire Dept) Addition of a fixed ladder for attic access $1,547.00
in the apparatus bay for ABU maintBnance.
RC 6 CO 2 City Requested - (Fire Dept) Gas service stub-out for an Bxisting gas grill $175.09
to be relocated in the future.
RC 11 CO 3 City Requested - (Fire Dept) Relocate tamper switch form inside of bay $501. 00
area to exterior of building.
RC 15 CO 3 City Requested - (Traffic Engr) Install underground conduit for future $4,785.73
traffic control signal in front of station and at corner of Linton and
Germantown Road.
----------------------------------------------------------------- -------------------------
Total $10,902.57 1. 680%
ARCHITECT/ENGINEER DESIGN CHANGES
2 CO 1 Architect/Engineer Requested Change - Replace panel "MOP" from a 600 amp $702.00
Main Lug Open to a 400 amp Main Circuit Breaker.
RC 16 CO 3 Architect/Engineer Requested Change - Install gutters to building; 1001f $7,651. 33
of gutter, 7 downspouts, 7 PVC drains, and lump sum restoration package.
----------------------------------------------------------------- -------------------------
Total $8,353.33 1. 29%
UNFORESEEN CONDITIONS
3 CO 1 Unforeseen Conditions - A muck vein was discovered at the rear of the site, $1,445.56
requiring the import of new fill.
----------------------------------------------------------------- -------------------------
Total $1,445.56 0.22%
Grand Total $20,701. 46 3.19%
"
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # L. - MEETING OF APRIL 13, 1993
CHANGE ORDER NO. 3/DEES CONTRACTING, INC.
DATE: APRIL 9, 1993
This is a change order which extends the contract completion date
until April 12, 1993, for Dees Contracting, Inc. on the Elevated
Storage Tank Rehabilitation Project for revised structural
modifications to the exterior of the tank for the tightening of the
sway (connector) rods. This revision includes the number of sway
rods actually identified to be adjusted/replaced and subsequent
reduction in the respective unit prices for this work due to the
change in scope of work. There is no net increase in funds.
Recommend approval of Change Order No. 3 to the contract with Dees
Contracting, Inc. to extend the contract completion date to April 12,
1993, for the Elevated Storage Tank Rehabilitation Project.
~
If. 5 -0
,
Agenda Item No.:
AGENDA REOUEST
Date: April 7, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 13, 1993
Description of item (who, what, where, how much): On the Elevated Storage Tank
Rehabilitation Project (90-01) staff requests City Commission to approve Change
Order #3 to Dees Contracting for revised structural modifications to the
exterior of the tank for the tightening of the sway (connector) rods. This
revision includes the number of sway rods actualy identified to be
adjusted/replaced and subsequent reduction in the respective unit prices for
this work due to the change in scope of work.
Change Order #3 is for a net amount of $0.00. Also included is a time extension
to April 12, 1993.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #3
Department H~ 12 /1&
Signature: ~r ..L.o....
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required ~all items involving expenditure of funds):
Funding available: YES/NO N 'A--
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: @NO f~'1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9013.doc
"
,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
TOU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER
DATE: APRIL 8, 1993
SUBJECT: ELEVATED STORAGE TANK 90-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request and change order #3 to Dees
Contracting, Inc. This change order is requested to extend the
contract time to April 12, 1993. This extension is requested for
two reasons:
1) Initially when change order No. 2A was approved we estimated
that 20 sway rods on the tank would have to be tightened at
$500/rod and 20 rods replaced at $ 1,000/rod for a total
cost of $ 30,000.00. A subsequent detailed inspection
revealed that all 80 rods needed tightening/replacement. We
re-negotiated the unit prices to $425/rod for tightening and
$500/rod for replacement. The total price for this work is
$ 34,600.00 (based on tightening 72 rods and replacing 8
rods). The additional $ 4,600.00 will be available from
unforseen contingency allowance.
2. The month of March significant rainfall occurred which
hampered the blasting, priming and painting operations.
We therefore request a contract extension to April 12, 1993 and
no net increase in funds because of the additional work to
tighten/replace an additional 40 sway rods and because of
weather.
REH:kt
File: 90-001 CD)
Memos to City Manager
RHDH9001. KT
"
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 90-01 DATE:
PROJECT TITLE: Elevated Water Storage Tank Rehabilitation
TO CONTRACTOR: Dees Contracting, 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:
Revised Structural modifications to the exterior of the tank revising the number of
sway (connector) rods to be tightened or replaced. This revision also includes a unit
price reduction for this modification. All work to be in accordance with Schedule "B"
attached.
All other provisions of the Contract through Change Order #2A shall apply including the
one (1 ) year warranty from date of acceptance by the Engineer. In addition, Dees
Contracting, Inc. will provide an extended two (2) year warranty beyond the current one
(1) year warranty already in the Contract for the caulking above the high water line in
the interior of the tank. This extended warranty will include any other associated work
required resulting from the failure of this caulking application.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $259,111.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 85,179.46
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $344,290.46
COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $344,290.46
PER CENT ADD THIS CHANGE ORDER 0 %
TOTAL PER CENT ADD TO DATE 33 %
Work to be completed by April 12, 1993
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Dees Contracting, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 442-5178-526-61.79 is FUNDING SOURCE
DELRAY BEACH, FLORIDA by its city Commission
RECOMMEND: By:
William H Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
"
ELEVATED STORAGE TANK
Change Order #3
ACTIVITY Contract Unit Total
Quantity Price
----------------.---------------------.--------------------------------.- ----------------------------------
1. Revised scope/price on sway (connector) rods
a. Tighten rods (Change Order #2A, Item 3, Structural) -20 EA $500.00 ($10,000.00)
b. Replace rods (Change Order #2A, Item 3, Structural) -20 EA $1,000.00 ($20,000.00)
c. Tighten rods (renegotiated scope/price Change Order #3) 72 EA $425.00 $30,600.00
d. Replace rods (renegotiated scope/price Change Order #3) 8 EA $500.00 $4,000.00
2. Unforeseen structural repairs contingency allowance (Change Order
#2A, Item 4, Structural) reduction
a. Deduct for revisions of #1 above 1 LS ($4,600.00) ($4,600.00)
--------------
Net Change Order #3 $0.00
--------------
--------------
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,..;"v1
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACS])\IJLE 407/278.4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: April 7, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Hollis v. City of Delray Beach - Settlement Offer
The above-named case stems from an incident which occurred on
January 6, 1990, wherein City police officers chased a person
into the house occupied by Plaintiff, Doreen Hollis. Plaintiff
was arrested for battery on a police officer. The charge
against the Plaintiff was "dismissed" by the states attorneys
office. Plaintiff in her complaint alleged counts for false
arrest and imprisonment, and trespass against the City.
Plaintiff alleged counts for ma.licious prosecution, trespass
and civil rights violations against the named police officers.
The Plaintiff offered to settle the case in February of 1993
for $75,000. The City Commission rejected the settlement upon
our office's recommendation.
Our office has received another offer of settlement in the
amount of $27,500 which includes all costs and attorney's fees.
The settlement offer applies to all named defendants.
Our office has consulted with the Chief of Police, Lee Graham,
Risk Manager and attorneys for the individual police officers
regarding this settlement. Based on our consultations and our
office's review of the case, our office recommends that the
settlement offer in the amount of $27,500 be accepted by the
City Commission.
By copy of this memorandum to David Harden, our office requests
this settlement be placed on the April 13, 1993 City Commission
agenda for roval.
.-'
cc: David Harden, City Manager
q/1
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LAW OPPlCES
LAVALLE~ BROWN & RONAN
PROFESSIONAL ASSOCIATION
2600 NORTH MIUTAAY TRAIL, FOU>>.T1I nooR.
POST OFFICE BOX 3004
BOCA RATON, FLOIUDA33431~
~
L L LA V ALI.E TELEPHONE (401) 997-0095 OUR f'1tE W.J'MBER:
JEFF M. BROWN TELD.-"OPJF..R (407) 997-0088 439S.001
KR.l\(NETH J. RONAN
GSALO M. WOCHNA. OF COUNSEl
CAlU.A T. llEECB
mOMAS H. DOf.!GHERn
April a, 1993
VIA FACSIMILE TRANSMt~~~o~
Susan A. Ruby, Esquire
Assistant city Attorney
200 N..W. 1st Avenue
Pelray Beach, FL 33444
Re: Hollis v. City of Delray Beach
Dear Ms. Ruby:
This will confirm that the above-referenced matter settled for
$27,500.00 ______ This settlement represents all attorney fees and
costs, and damages to Ms. Hollis.
If you need additional information, please advise.
vevrUIY yours'jj.11 1/,-1
/~~9 4~il
KENNETH J. RONAN I
KJR:yl
-- - - -
-- ~ ~-~-- - -, .. -
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER &M..
SUBJECT: AGENDA ITEM # ~AI - MEETING OF APRIL 13, 1993
APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE
BOARD
DATE: APRIL 8, 1993
At the March 23, 1993, meeting, Robert Ferrell was appointed as a
regular member to the Civil Service Board, thereby creating a
vacancy for an alternate member to a term ending July 1, 1994.
According to the Civil Service Act, the Civil Service Board is to
consist of five (5) regular members as well as two (2 ) alternate
members. Appointees need not be residents, property owners or
business owners within the city.
The following individuals have applications on file for
consideration and have been contacted to verify their continued
interest in serving on the board:
Donald Allgrove Sally Antonelli
David Cohen Marta Dorfman
Herbert Freese Melvin Hirth
Murray Kalish Lorraine Kasper
Leo Koppman Armand Mouw
Rosalind Murray Murray Sohmer
Ben Stackhouse Horace Waldman
Donald Zimmerman
Pursuant to Commission direction, a check has been conducted for
possible code violations or municipal liens. None of the
applicants has any outstanding code violations or liens.
Based upon the rotation system, the appointment will be made by
Mayor Lynch (Seat #5).
Recommend appointment of an alternate member to the Civil Service
Board to fill an unexpired term ending July 1, 1994.
.
APR- 5-93 f'~ C ,<~ 1 ::,) :: 1 5
P.02
~ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATIO~
6
NAME ^rmand MOUTH
1231 Vista Del Mar Dr., Delray Beach, Fl 33481
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
409 NY. 3rd St., Dclray Beach, ~1 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
.
HOME PHONE 276-6717 BUSINESS PHONE 276-9640
ON WHAT BOARDS ARE yOU INTERESTED IN SEltvING P.E.R.C. or Civil Service
Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleas. include dates)
CRA - 1985-1990; Comml~sion 1990-1993; Contractors Examinin~ Board 1960's-1970's
EDUCATIONAL QUALIPICATIONS B.A. - School Arts & Sciences, Univ~rsity
of Florida
.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Stato of Florida General Contractors License leGe 001940
~
CIVE YOUR PRESENT. OR KOST RECENT EMPLOYER. AND POSITION MouW' A,.qsocia tes.J. Ine.
Chairman of the Board
A
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON nus
BOARD
Extensive labor/mgt. relations experle.nce both in ?ofouW' Associates, as well
as, trade associat!on repr~sentative in aren-THide labor uniOn negotiations.
PLEASE ATTACH A BRIEP RESUME.
t HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, ANn I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION Y-CXU E FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
)
...",.e~...,...--- if! 5/93
DATE
4/90
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MEMORANDUM
TO: City Commission
FROM: Jay Alperin, City Commissioner
SUBJECT: City Attorney
DATE: April 2, 1993
Ms Susan Ruby and I met Wednesday, March 31,1993. We discussed
and agreed to items one through seven below. Ms Ruby requested we
consider two additional items which I listed as eight and nine.
I will ask this item to be put on our next available agenda.
1. We expect a significant reduction in response time to
issues brought to the Ci ty Attorney's office from the Commission,
the City Manager and his staff, the city boards, and citizens.
2. Recognizing the expense In the involvement of litigation
and legal advice, we would 1 i ke to see an immediate attempt to
settle good claims and clearly difficult or potentially expenSIve
suits in which we have a poor 'chance of winning.
3 . We expect to operate the Ci ty Attorney's office without
hiring another assistant attorney until October 1993. We do
expect to continue the position in the budget for 1993/94 should
we wish to restore the position. During this period we would 1 i ke
a comparison between farming out cases and uSIng an additional
internal assistant attorney.
4 . All agenda items must be part of our regular Friday
packets. Emergency cases must be true emergencies or cases In
which the Commission directs a more prompt response.
5. The City Attorney's annual review will include a reVIew
of the timeliness of agenda items and the response to city staff
requests.
6 . The City Attorney's office will comply wi th the city's
administration policy, unless specifically exempted by the city
commission.
7. Salary
a. Susan Ruby's salary is presently -$61,921
b. The Commission agrees to hire Ms Ruby as the Ci ty
Attorney at an annual salary of $69,000
8. Ms Ruby wants David Tolces to receive a raise to $43,000
( Presently I believe he receives -$39,000 )
9. Ms Ruby wishes to receive the same car allowance MI' .
Kurtz received ($400 per month net after taxes).
C;O
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c'7v,1
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVE"UE . DELRAY BEACH, FLORIDA 33444
FACSIr.m.E 4071278.4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 8, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Recommendation of Outside Counsel
Of the list of ten cases submitted earlier by Jeff Kurtz for
his continued handling, I would recommend Jeffrey Kurtz handle
the following five cases:
1. Badour v. Bollan
2. Cedar Medical v. City and Rollinson
3. Grabow v. City, Ortiz and Robinson
4. Guarine, Chloe v. City et al and Julie Knowles v. City
(consolidated)
5. Haynes, Andrea and Pearl v. City, et al
Jeffrey Kurtz's fee is $100.00 per hour.
p~~ me if you have any questions.
S :c~ .
q01
"
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fG7 IRS.JICC""JMIAN lIN'TI'IEffit~A 1l."lIONA1L, IINCCQ ..
GENERAl ca..lTRACTOAS
2601 N.W. 48th Street . Pompano Beach, Florida $3073
BAOWARO: (305) 426.1042 . FAX: (305) 426-0717
-
Apri.l 1, 1<3g3
City of D.lray Beach
Environmental Services Department
434 South Swinton Avenue ,
Delra.y Beach, Florida 33073 .
Attn: Jim R&ynolds, Po. E.
Re: Golx Cours@ Emergency Bridge Repair'
Dear Jim:
We are pleased to provide you wi~h our quote for the above
subject matter based on the scope requested and as follows,
Alternate "All:
1- EARLIEST START DATE: 4/2/93
2. EARLIEST COMPLETION: 4/4/93
3. PROPOSED RETAINING SYSTEM:
Rip-Rap retaining vall consis~ing of the dimensions outlined
in your scope. (singl@ bagging on wings, and double deep
bagging on r&teining wall), Including "pinning" and in
conformanoe with r.D.O.T. st.andards.
4. Work requiring bridge closure to be perform.d at. night.
5. Quo1:.e: &19,696.00
Alternate -B-:
1. EARLIEST START DATE: 4/9/93 to allow for precasting (no
shop drawing r~viev ~ime allotted)
2. EARLIEST COMPLETION: 4/12/93
3. PROPOSED RETAINING SYSTEM:
Pr.ca5t 3-pieoe wall system v/tie rods
4. Work requiring bridge closur. ~o be per~ormed at night.
5. Quote: $23,000.00
Both altern8t.s are with Limerock/Asphalt approach.
Th~ ab~~.S are based on r.c~ivin9 con;irmation by 3/1/93
4: 4~-"', ~ -Efr-r1se add 1 day xor E'Qch day ~here a.fter.
~ /' I
~'nrey. "I
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co: SETRAN FILE '.
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1. i V - f .: .' :t.'. 1 : ~ , .
'-" _ . . \. i . .~.
93 MAR 3 ! P71 3: OJ
RECEiVED
.
.
March 30, 1993
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Attn: C. Danvers Beatty
Civil Engineer
Dear Mr. Beatty:
We propose to provide all labor, equipment and materials as per
your March 29th letter. Our course of construction will be
according to Method #3 (3-piece precast wall system).
The Cost for the above work is as follows:
Lump Sum: $25,300.00
Work can commence on or about Tuesday, April 13th, including nights
and expected completion by Friday, April 16th, 1993.
Yours truly,
~ .,f--Je(~/tf1/--
Thomas A. Jackson
Project Manager
TAJ:ah
W. JACKSON & SONS CONSTRUcnON CO.
1888 N'w. 21st Street. Pompano Beach. Florlda33069. N. Broward (305) 973-3060 / S. Broward (305) 920-0111/ Fax (305) 960-1679
'.
,
APR-02-'93 FRl 07:36 .D:DELRAY ENV. SERVICES TEL f~O:407-243-7060 t:l505 P02
GOLF COURSE BRIDGE EMERGENCY REPAIRS
scop. of work and Hintaum Speoifioations
Bid No. 92-17
.
One of the three methods of the bridge approach repair below are
acceptable. The constraints affecting the method chosen are:
1. The bridge must remain open and passable during the hours of
6:00 am to 6:30 pm with minimum disruption to golfers.
2. Any work to be done requiring the closure of the bridge shall
be done at night between the hours of 6;30 pm and 6:00 am.
3. Considering the sensitive nature of the golf course, rubber
tracked vehicles are preferred. Repair ot excessive damage
to the course caused by heavy equipment will be the
responsibility of the Contractor.
4. The proposed retaining wall must conform substantially to the
minimum dimensions and specifications contained herein and
the four exhibits.
The three acceptable methods are:
1. cast-in-place wall system
~ Install precast monolithic wall system
(~ Install 3-piece precast wall system (tie rods required)
\- fA, 1 t~...tt L-U ~ ~I P IRA P ue.--u. u.v '3 ~ C-~e. -a~
Minimum dimensions of above I methods per the four exhibits. ~~po~ .
~+~R'~ ~
~.
General Specification.. -.-----.... ...-
1. Excavate to the required depth. Remove all debris, old top
slab and unsuitable backfill material.
2. Minimum concrete strength shall be 4,000 psi
3. The retaining wall may rest against the existing piling and
endcap.
,
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.- I
'l'fYv 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: l0~~: ~NAGER
FROM: DAVID J. KOVACS, DIRE~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 12, 1993
STATUS/DISCUSSION RE GOAL SETTING, 1993
ACTION REQUESTED OF THE COMMISSION:
There is no action requested of the Commission at this
time.
The item is before you only for informing you of the
progress made in writing the report and for any
"corrections" which might be made to the direction which
the report is taking.
BACKGROUND:
Input: Your goal setting exercise began with input from the
Administration, your Advisory Boards, Community Organizations,
and citizens on March 25th, 26th, and 27th. Forty (40)
presentations were made during eleven hours.
Homework: You then did your homework and completed forms which
restricted you to identifying up to six projects, directions,
activities within one of (up to) six categories.
Step One - Compilation: In putting all of your thoughts
together, there were eighteen (18) terms used to describe your
"categories II (see attached List #1) . Under these categories,
each of your descriptions were listed. Next, some of the
categories were consolidated and lIactivities" were rearranged to
make a better IIfit" i.e. their relationship to other activities.
This resulted in a listing of IIlikell categories with "likell
activities. At this point in the process, your individual
activities (projects) can still be identified and tracked as to
where they are placed.
Step Two - Redefinition: This step resulted in the creation of
the "Final Categories II and IIsub-categories". They are found in
List 2 (attached) .
Step Three - This Evening: The focus this evening is to review
Steps 1 & 2 and feel secure in the direction we are going. I
will explain the next step - which is to place the individual
projects into "narrativesll. That result will be the II interim"
document. 9~~
.
City Commission Documentation
Status/Discussion Re Goal Setting, 1993
Page 2
Step Beyond: The "interim" document will be presented for
general acceptance at your meeting of April 27th. Along with
the document, there will be a listing of some significant items
raised at the Town Meeting and at the Planning and Zoning Board
Infrastructure Hearing. Also, a few items from the Goal Setting
Presentations -- which are not contained in the document -- may
be listed. The "interim" document and the lists will be your
guides through the budget process and meetings with the City
Manager. Upon completion of the budget process, the "interim"
document will be modified and brought back before you, again,
for general acceptance.
Attachments:
* List #1 - Initial Categories
* List #2 - Resulting Categories and Sub-categories
D-lK/CCGOALD.DOC
I
LIST #2: GOAL CATEGORIES AND SUBCATEGORIES, GOAL SETTING, 1993
Status as of April 8, 1993.
Prepared by David Kovacs.
The dominant theme was expressed by one Commissioner as follows:
"Above all, we must address the problems of crime and drugs
in every way possible . . . EVERY neighborhood has the
problem of crime ... lets support every effort to meet this
problem . . . . MADDADS, Citizen Patrols, everything
possible."
GOAL AREA: PUBLIC SAFETY & COMMUNITY RELATIONS
* The Community Policing Program
* Police Department Enhancements
* Haitian Community Relations
* Neighborhood Associations
* Community Oriented Code Enforcement
GOAL AREA: COMMUNITY AND NEIGHBORHOOD IMPROVEMENT
* Neighborhood and Area Plans
* Support for Self-Help Programs
* Regulation and Protection
* Accommodating Infrastructure
GOAL AREA: YOUTH
* Establishing a Youth Emphasis
* Support for Service Providers
GOAL AREA: ECONOMIC DEVELOPMENT
* Enhancing the Employment Scene
* Enhancing of our Image
* Specific Tasks
GOAL AREA: INFRASTRUCTURE & BUILDINGS & FACILITIES
* Continuing Focus on the Basics
* Building and Facilities Repair and Replacement*
* Fulfilling Unmet Needs
* Roadways
GOAL AREA: FINANCE, COST CONTROL & REVENUE GENERATION
* General Principles
* Items of Focus in our "Zero-Based Budget" Approach
* Enterprise Approaches & Revenue Enhancement
[* Yes, the Pompey Park Pool was listed on everyone's
priorities.]
,
.'c::\~l \N\1\d~ C C ~ e.S \J<-C~ S
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INFRASTRUCTURE (2)
BUILDINGS
REVENUE GENERATION
-FINANCE (2)
POLICE PROTECTION
PUBLIC SAFETY
COMMUNICATIONS
COMMUNITY RELATIONS
COMMUNITY BETTERMENT
COMMUNITY/NEIGHBORHOOD IMPROVEMENT
COMMUNITY APPEARANCE / NEIGHBORHOODS
NEIGHBORHOODS (2)
YOUTH
RECREATIONAL FACILITIES
RECREATION
QUALITY OF LIFE
ECONOMIC DEVELOPMENT (2)
JUST DO IT! ( 2 )
kS.7 f-I 1-
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,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER nv1
SUBJECT: AGENDA ITEM i IO~ - MEETING OF APRIL 13. 1993
ORDINANCE NO. 25-93
DATE: April 9, 1993
This is the second reading of an ordinance rezoning a portion of the
Congress Park South property, located on the west side of Congress
Avenue, south of Atlantic Avenue, from PCC (Planned Commerce Center)
zone district to LI (Light Industrial) zone district.
The subject property is the majority of Tracts Band C, a 95 foot wide
Lake Worth Drainage District easement tract and all of Tract L-4 of
the Congress Park South plat.
The rezoning request has been initiated to accommodate a proposed
111,681 square foot storage, distribution and office bui lding to be
constructed on Tract A, with possible future expansion into Tract B.
The development of the proposed building was contemplated under the
current zoning designation, however, PCC zoning restricts industrial
uses to 50% of the total building area. As the existing and proposed
buildings contain industrial uses, that maximum would be exceeded.
The Planning and Zoning Board at their March 15th meeting recommended
approval. The Board also recommended modification of the LI district
to allow the retailing of items processed on site up to 2,500 square
feet and recommended reduction of the frontage requirement from 100
feet to zero. Those modification are included in Ordinance No. 32-93
which is also on the agenda for approval. A detailed staff report is
attached as backup material for this item.
At the March 23rd regular meeting, Ordinance No. 25-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 25-93 on second reading.
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CITY COMMISSION DOCUMENTATION.
"
TO: (' DAV\D T. HARDEN, CITY MANAGER
" ~k~
THRU: . D~ D J. KOVACS, DIREC OR
DE~NT OF PLANNING AND ZONING
~~
FROM: PAUL DORLING, P NNER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF A REZONING OF A PORTION
OF CONGRESS PARK SOUTH FROM PCC (PLANNED COMMERCE
CENTER) TO LI (LIGHT INDUSTRIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a rezoning request from PCC (Planned Commerce Center) to LI
(Light Industrial).
The subject property is the majority of Tracts Band C, a
95' wide LWDD easement tract and all of Tract L-4 of the
Congress Park South plat having a total area of 12.40
acres. The site is located on the west side of Congress
Avenue, south of Atlantic Avenue and immediately east of
the Municipal Golf Course.
BACKGROUND:
On May 24, 1983 the City Commission approved a land use change
and rezoning from PRD-4 to PCC along with a conditional use and
site plan for Congress Park South. The development proposal
included 4 office, research and light industrial buildings with
a total of 230,190 sq. ft. In 1986, one of the buildings was
constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these
improvements constituted more than 25% of the total project the
project is considered to be vested.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.40 acres
(approximately the western hal f ) of Congress Park South Plat.
When the request was discussed at the February 8, 1993 Planning
and Zoning Board workshop, the Board suggested that a change to
the newly created LI district might be more appropriate.
For further background information please refer to the attached
Planning and Zoning Board staff report of March 15, 1993.
.
city Commission Documentation
Approval on First reading of a Rezoning of a
Portion of Congress Park South from PCC to LI
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
a public hearing on March 15, 1993. Several members of the
public including an adjacent resident and current tenant of
Congress Park South commented on the proposal. While none were
in opposition to the rezoning, concerns with respect to the
following items were voiced;
.
* Overall on-site traffic circulation and the potential for
additional truck routing pas' residences in the southeast
corner of the site.
* Location of the loading bays on the new building proposed
in the accompanying development plan.
* Traffic congestion at the existing entry to the park and
the accompanying development~ impact.
* Lack of screening along south portion of the Congress Park
louth and the negative impacts of loading functions of the
existing building.
The Board took public testimony and noted the concerns were more
appropriately addressed by the Site Plan and Appearance Board
during the site development approval phase of the project.
At the public hearing the Board considered both the MIC and LI
districts. During discussions it was noted that modifications
to the LI district would be required to accommodate certain
aspects of the associated development proposal. The applicant
agreed to amend his rezoning request from MIC to LI and the
Board recommended the LI district be applied to the property on
a 6-0 vote. In a related action the Board also recommended
modifications to the LI district to allow the retailing of items
processed on site up to 2,500 sq. ft. and recommended reduction
of the frontage requirement from 100' to O'as is currently
provided in the MIC District.
RECOMMENDED ACTION:
By motion, approve on first reading the rezoning request for a
portion of Congress Park South from PCC (Planned Commerce
Center) to LI (Light Industrial).
Attachment
* P&Z Staff Report of March 15, 1993
PD / CCL 1. DOC
- ----.----- - ~ . -----.-- ----. -_.- ._--- -.
----- ----.-----.---- --- ~--- ------
ORDINANCE NO. 25-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT
IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN
ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZON!NG DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That the following described property in the C~ty
of Delray Beach, Florida, is hereby rezoned and placed in the LI (Light
Industrial) District, as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
All of Tract B, Tract C, and Tract L-4, "CONGRESS PARK
SOUTH" , according to the Plat thereof, as recorded in
Plat Book 4 7 , Pages 98 and 99 of the Public Records of
Palm Beach County, Florida " TOGETHER WITH that portion
of Tract R lying west of the east line of Tract C and
Tract L-4.
TOGETHER WITH
A portion of Lake Worth Drainage Canal E-4, being 95
feet in width, lying west of said Tract B and Tract C,
"CONGRESS PARK SOUTH" , as recorded in Plat Book 4 7 ,
Pages 98 and 99 of the Palm Beach County Records.
LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
A portion of land lying in Tract B and Tract C of sa~d
Plat of "CONGRESS PARK SOUTH" , Plat Book 47, Pages 98
and 99 of Palm Beach County Records.
Commencing from the S.W. corner of Tract IIL-211; thence
North 00 degrees 00' 00" East, along the East Line of
said Tract B, a distance of 498.25 :=~et, to the point
of beginning. Thence North 20 degre,"s 59' 31" West, a
distance of 69.71 feet; thence North 00 degrees 00' 00"
East, a distance of 66.00 feet; thence North 90 degrees
00' 00" East, a distance of 24.97 feet, to a point
lying on the East Line of said Tract C; thence South 00
degrees 00' 00" East along said East Line, a distance
of 131.08 feet, to the point of beginning. Contain~ng
0.06 acres, more or less.
The subject property is located on the west side of
Congress Avenue, between Atlantic Avenue and Lowson
Boulevard.
The above described parcel contains a 12.40 acre parcel
of land, more or less.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3 That all ordinances or parts of ordinances wh~ch
are in conflict herewith be, and the same are hBreby repealed.
,
"___.__~_ ____.,__._________ _____.__._____ "__n__ _.__ __._ __________
-- ------_._.-----~~--"._-_.._-------~--_._-~ ---
- ~_. - - -- .._---._--------~---
Section 4 That should any section or provision of thl.S
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effectl.ve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fl.nal
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - ORD. NO. 25-93
.
i
.. ~ BOARD
PLANNING & ZONING .
CITY OF DELRA Y BEACH. --- STAFF REPORT ---
MEETINO DATE: March 15, 1993
AGENDA ITEM: III. B, . .
ITEM: Rezoning from PCC to MIC or LI for a Portion of Congress Park South
.
GENERAL DATA:
Owner...............,....Delmar Properties
Applicant.....,..........Levenger Company
Agent...... .... ,.....,.,. .Mr. Russell Christie
General Manager,
Levenger Company
Agent.'s Attorney.........MLchael S. Weiner, Esq.
ocation.................West of Congress Avenue,
between Atlantic Avenue and
LawsOn Boulevard.
Property Size............l2.41 acres.
Cit.y Land Use Plan.......Commerc.
City loning..,...........PCC (Planned Commerce Center)
proposed Zoning..........MIC (Mixed Industrial and
Commerc1al) or LI (L1ght
Industrial)
Adjacent Zoning...Northa POC (Planned Office Center)
East a Pee
South a OS (Open Space)
Westa OS
Existing Land Use........Vacant rP'~
Proposed Land U8.........111,681 square foot warehouse/
storage/distribution building
for a mall order business.
Water Serv1ce............Exi.tlng on site. Main
relocation will be required
Sewer Servlce............Exl.ting 8" sanitary sewer
l1ne serving Tract. "A" and
"D" of Congress Park South.
"0 .a1n extension i. required.
III. B.
'.
I T E M B E FOR E THE BOA R D: -
The action before the Board is that of making a recommendation
on a rezoning request from PCC (Planned Commerce Center) to
either MIC (Mixed Industrial and Commercial) or LI (Light
Industrial) zone districts, pursuant to LDR Section 2.4.5(D),
change of Zoning District Designation.
The subject property is the majority of Tract B and Tract ~r a
95' wide LWOD easement tract and all of Tract L-4 of the
Congress Park South Plat. The property is located on the west
side of Congress Avenue, . south of. Atlantic Avenue and
immediately east of the MunicipaL Golf Course....-- -
-
- - --
B A C K G R 0 U N D:
Prior to 1981 the subject property was part of the Municipal
Golf Course. On December 21, 1981 the Planning and Zoning Board
recommended approval of a land use change (SF to--PRD-4),
rezoning (R-1AA to PRD-4) and site plan approval to accommodate
a 97 unit single family development called Saddle Ridge. The
preliminary plat for the Saddle Ridge development was approved
by the Planning and Zoning Board on February 23, 1982. The City
Commission approved the land use change, rezoning and site plan
on May 11, 1982 (second reading) via Ordinance 28-82. The
project was never constructed.
On March 21, 1983 the Planning and Zoning Board recommended
approval of a request for a land use amendment (PRD-4 to PCC) ,
rezoning (PRD-4 to PCC) , conditional use request and site
development plan for Congress Park South. The proposal included
4 office, research, and light industrial buildings with a total
of 230,190 sq. ft. The City Commission approved the requests on
May 24, 1983 via Ordinance No. 32-83. The final plat for
Congress Park South was recommended for approval by Planning and
Zoning Board on September 27, 1983 and approved by City
Commission on October 25, 1983.
An 18 month extension to the Congress Park South conditional use
and site plan approval was granted by City Commission on
November 13, 1984. In 1986 one of the buildings (approximately
57,547 sq. ft. ) was constructed on Tract A along with the
internal roadways and underground infrastructure throughout the
park. As these improvements constituted more than 25\ of the
total improvement costs the project was established at that
time.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.41 acres
of Congress Park South. When the request was discussed at the
February 8, 1993 Planning and Zoning Board workshop, the Board
suggested that a change to the newly created LI District might
be more appropriate. Therefore, the rezoning is being evaluated
under both MIC and LI standards.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 2
PRO J E C T DES C RIP T ION:
The proposed rezoning involves 12.41 acres of the 24.25 acres of
Congress Park South Plat and constitutes the majority of Tracts
B, C, the 95' wide LWDD easement tract and all of Tract L-4. A
small portion of Tracts B and C ( .06 of an acre) is not
included in the request as this area has been conveyed by metes
and bounds to Tract A. It is noted that the conveyance is not
recognized as a legal s~bdivision pursuant to Section 5.2.2. and
must be addressed during the associated replatting of this
property. The rezoning request has been initiated to
accommodate a proposed 111,681 sq. ft. storage/distribution/ -
office building to be constructed on Tract A, with possible
future expansion into Tract B.
Development of the proposed building was contemplated under the
current zoning designation, however, the PCC restricts
industrial uses to 50% of total building area. As the existing
and proposed buildings contain industrial uses the 50%
industrial use maximum would have been exceeded. To accommodate
the industrial use on the site the applicant has requested a
rezoning to MIC. At the direction of the Planning and Zoning
Board, the LI zone is also being considered for this property.
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
. deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land us. designation.
The current land use designation for the site is Commerce.
Pursuant to the Future Land Use Element of the Comp Plan,
the Commerce Land Use designation is applied to property
which is developed,.'or'is to be . developed, in . 'such 'a
manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through
development of existing parcels or through a planned
concept.
,
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 3
The requested zoning change is from PCC (Planned Commerce
center) to MIC (Mixed Industrial Commercial) or LI (Light
Industrial). The zoning designations which are consistent
with the Commerce Land Use designation include the
following:
* PCC - Planned Commerce Center (Current Zoning) .
,
* MIC - Mixed Industrial and Commercial (proposed);
* LI - Light Industrial (proposed) This zoning
district was ~ecently created, and is being added to
the Land Use designation/zoning matrix (Table L-6) via
93-1 Comprehensive plan amendment. -.-- --
The proposed use is a combina~ion warehouse/storage/
distribution use associated with the Levenger mail order
company, which specializes in reading related items. The
proposed building wIll contain approximately 2,165 sq. ft.
of showroom (open to public) , 31,885 sq. ft. of accessory
office use and 77,631 sq. ft. of warehouse/storage use
(total of 111,681 sq.ft.). Both the LI and the HIC zoning
districts allow wholesaling, storage and distribution as a
permitted use. Business offices which are accessory to the
primary industrial use are allowed under both the LX and
HIC zone districts.
However, the LI district limits the retailing of items
to only those produced on the premises and limits retail
space to no more than 10' of the building or 1,000 sq. ft.
whichever is less. Under the MIC zone district retailing
of products made on or off site and qot exceeding 25' of
building floor area are allowed. As the retail items
available in the proposed Levenger showroom are not
produced on site, and the proposed showroom will exceed
1,000 ft. as written, only the MIe district will
accommodate this element of the use.
Concurrency: Facilitie. which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
Streets and Traffic:
~ - .-- - ----
Pursuant to Section 2.4.5{D) with all rezoning requests, traffic
information is required which addresses the development of the
property under reasonable intensity pursuant to the existing and
proposed zoning.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 4
The Planning Director has waived this requirement at the
rezoning stage, based on a determination that the existing and
proposed zoning classifications are of similar intensity.
Also, this property is vested in terms of traffic concurrently
based upon the established status of the previously approved
plan. However, this waiver does not negate the provision of a
traffic study with the site plan application at which time the
use, trip generation and trip assignment must be addressed.---.
.
Water: The proposed development will accommodate uses of
similar intensity to currently approved uses--and--are anticipated'
to have similar water consumptiorr-rates-~ While the "ultimate
square footage of the building may exc~ed what was previously
approved on this site (if the contemplated expansion occurs), no
water concurrency concerns are noted.
With the construction of Building 1 of Congress Park South on
"Tract A", 8" water mains and 8 fire hydrants were installed on
Tracts Band C. The proposed siting of the Levenger building
will require relocation of some of these existing water mains.
A main extension from the Golf Course (west of this site) into
the internal water main system within this site may be necessary
as part of the Golf Course Clubhouse expansion project. An
easement may be required with platting to accommodate this
connection.
Sewer: The proposed rezoning will accommodate uses of similar
intensity and therefore similar sewer generation rates are
anticipated. Even though additional building square footage is
accommodated with build out, concurrency with respect to sewer
plant capacity is not a concern.
With the construction of the first building in Congress Park
south, an 8" sewer main was installed in Tract A and D.
Parks and Open Space: Park dedication requirements apply to
residential uses and therefore do not apply to the existing PCC
or proposed MIC and LI zoning districts.
Solid Waste: The zoning change is to a category of similar
intensity and therefore is anticipated to generate a similar
solid waste stream. It is noted that the accompanying site
development layout along with potential future expansion will
probably exceed the previously approved square footage for these
tracts. In addition, as this site will be a distribution center
an additional packing waste may be experienced. However, the
above two factors are not anticipated to substantially alter
proposed solid waste generation from the site.
I
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 5
Drainage: The parcels are located in the vicinity of the
municipal wellfields. Pursuant to the County's Wellfield
Protection Ordinance, the management of drainage and water
retention in wellfield zones 1 & 2 is limited to surface
retention, i. e. no exfil tration. In reviewing the wellfield
maps development on Tract C, appears to be outside these zones
while Tract 8 may encroach into zone 2. Verification of the
exact location of the protection zones will be required for
review of site development plans for both of these tracts.
.
Consistency: Compliance with .tht! . perfo~l)~e - s~and.rds- set
forth in Section 3.3.2 (Standards. for._ .Rezoning. Actions) along
with required findings in Section 2.4.5(D) (5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consIstency is to be made. Other objectives and policie~ found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
Comprehensive Plan Policies.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Conservation POlicy 8:2.5:
Whenever new development or redevelopment is proposed
along a waterway, a canal, or an environmentally
sensitive area identified via policy B-2.1, an area
equivalent to at least 10\ of the total area of the
development shall be set aside in an undisturbed state
or 25\ of native communi tie. shall be retained
pursuant to TCRPC Policy 10.2.2.2.
As this development abuts the LWDD canal the above policy
applies. The entire site, with the exception of a few
areas along the canal, is in a disturbed state. To comply
with the above it is recommended the applicant reestablish
an area of native communities along the canal which equals
at least 10\ of the parcel's size.
Conservation Policy A:2.3
Within those areas covered by wellfield protection
regulations, uses which may involve regulated
chemicals shall be removed form the list of permitted
or conditional uses allowed within zoning designations
which apply to such property. The necessary code
amendment. shall be adopted as an amendment to the
Land Development Regulations.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 6
The southern portion of this parcel is within Zones 2 & 3
of a municipal well located in the adjacent Golf Course.
The uses allowed within the proposed MIC zone district
include all permitted uses within the Industrial zone
district. Industrial zoning has been removed from property
which are above the Series 20 wellfield due to concerns of
potential contamination.
While it is ackno.wledged that the rezoning is sought to
accommodate a "clean industrial use" the granting of MIC
zoning does not guarantee construction or success of the
development proposal. - ----
In contrast, the LI (Light Industrial) zoning district has
been created specifically to be affixed to this- tyPe of
environmentally sensitive area.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 which' apply are as
follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed rezoning is from PCC (Planned Commerce Center)
to MIC (Mixed Industrial and Commercial) or LI (Light
Industrial). To the north the property is bordered by POC
(Congress Park Planned Office Center), to the east by the
balance of the PCC (one industrial building), and to the
south and west by Open Space (Municipal Golf Course).
Compatibility concerns with the existing PCC are possible
with the MIC zoning, through the introduction of retail
traffic (25' of the potential building area) into the PCC.
However, although approval of the zoning does not prohibit
the introduction of alternative development plans, this
rezoning is being undertaken to accommodate a specific
development proposal (Levenger building) which will have a
minimum retail component (2,165 sq.ft.). Moreover, the
location of this property at the rear of an officel
industrial park does not lend itself to retair uses. . -
Compatibility with the Municipal Golf Course to the west
should also be enhanced through the introduction of native
p1antings along the canal as required pursuant to
Conservation policy B. 2.5. In addition, the accompanying
site development plan indicates that the large Banyan Trees
along the west LWOD canal boundary are to be saved,
providing additional buffering.
.
P&Z Staff Report
Rezoning from PCC to NIC or LI
for a Portion of Congress Park South
Page 7
LDR COMPLIANCE:
Section 2.4.5(0)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasona.include the
following:
.
a. That the zoning had previously been changed, or was
originally established,-1n error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood. .
The applicant has indicated that the applicable reason for the
rezoning is B & C. The narrative submitted with the application
for MIC zoning provided the following statement:
"The circumstances of this particular site that makes MIC
district more appropriate than the current PCC. zoning is
that PCC zoning was designed with the idea that high
technology industries would grow in popularity and use
large portions of the industrial based zones located in
Delray Beach, Florida. These expectations were
unfulfilled. Based on the design of PCC zoning, there were
certain restrictions on storage and warehouse use which is
of low intensity, but which are not necessarily compatible
with high technology industries. When these restrictions
are placed upon a site that will contain multiple users and
owners, the ability to enforce the restrictions becomes
almost impossible, and therefore PCC zoning would inhibit
rather than enhance any further development. Under those
circumstances, NIC zoning is more appropriate in that it
does not require the aggregation of uses among its property
owners. However, comparatively speaking, the MIC zoning is
of no greater impact especially when considered in light of
this particular project where most of the space will be
used for storage and warehousing of furniture products.
Accordingly, the zoning Is of a similar intensity as
allowed under the Future Land Use Map and Is more
appropriate based upon the particular circumstances of this
site.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 8
The property has been only partially developed since it,s
approval in 1983. The PCC zoning district is geared to Research
and Development uses which have declined in recent years and
therefore this zoning is as appropriate as PCC given the
proposed use.
The following LDR requirements are applicable to the rezoning
analysis and relate to.the newly configured PCC parcel, and the
subject parcel under MIC and LI zoning districts.
PCC Parcel: . - - - - . -- - .-.- - - _.-
* Section 4.4.18(D)(2): requires a minimum PCC parcel size
of 10 acres and a minimum lot area of 1 acre.
The remaining PCC parcel will contain approximately
11.84 acres and the two developable tracts which
exceed the 1 acre minimum.
* Pursuant to Section 4.4.18(0)(2) the PCC zoning district
requires a minimum 25' landscape buffer around the
perimeter pursuant to Section 4.4.18(D)(2)(d). With the
rezoning of a portion of the PCC a new western boundary of
the PCC is created. The new zoning line boundary
corresponds with the western edge of an access roadway and
parking area effectively providing a 0' landscap~ buffer.
The accompanying site development plan for Levenger
building (Phase I) does provide a 25' landscaped
building setback along the PCC/MIC common property
line. This 25' landscape setback should be extended
with Phase II development. In light of the above the
intent of the required landscape area will be met
while being 25' east of its required location. Given
the above it does not appear inappropriate to accept
the creation of this nonconforming condition.
MIC Zonin; Criteria (Subject Parcel):
* No minimum development area or minimum lot size applies to
the MIC zoning district. However, restrictions do apply
with respect to the percentages of types of uses i.e
office, retail, industrial; etc. {see discussion under the
Future Land Use section).
. -
LI Zonin; Criteria (Subject Parcel):
* A minimum development area of 1 acre, minimum lot size of
20,000 sq. ft. and minimum lot frontage of 100 feet apply to
this zone district.
I
P&Z staff Report
Rezoning from PCC to MIC or LI
for a Portion of congress Park South
Page 9
The subject parcel is 12.41 acres and the two proposed
tracts will exceed 20,000 sq. ft. each. With respect
to frontage this parcel does not front on a public
street and therefore does not meet the 100 foot
frontage requirement. It is noted access to this
parcel is via 46' and 41' access tracts which are
dedicated to the Congress Park South Owners
Association Inc.
. Restrictions apply. with respect to the percentages of types
of uses i.e office, retaill- industrial,. etc. (see
discussion under Future land use section).
REV I E W 8 Y o THE R S:
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) ,or the DDA (Downtown
Development Authority).
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith (PROD) , Art Jackel (United
Property Owners), Jean Miner (Delray Council of Communities),
Congress Park South tenants and LWDD who have requested
notification of petitions in that area.
ASS E SSM B N T AND CON C L U S ION:
The report discusses the applicability of two zoning districts
for a portion of Congress Park South. The zoning districts have
been analyzed without regard to any development proposal and the
following differences are noted. The MIC zoning district will
accommodate a greater range of uses including all permitted uses
under the Industrial zoning designation (50' min per building),
Business services (25' max), Finance, Insurance and Real Estate
Services (25\ max) and Retail trade (25' max). The proposed LI
will allow some industrial uses (limited manufacturing and
assembly) along with wholesaling, storage and distribution,
research and development, and general business offices and
business services. Retail trade in the LI_district is limited
to items produced on site and to 10\ or 1,000 sq. ft. whichever
is less. - -
Therefore, development under the LI district is more restrictive
than the MIC district with respect to type of Industrial uses
and amount and type of retail trade. The LI district is less
restrictive with respect to the amount of office uses.
P&Z Staff Report
Rezoning from.PCC to MIC or LI
for a Portion of Congress Park South
Page 10
The rezoning request is being accompanied by a development
proposal to construct a 111,681 sq. ft. warehouse/storagel
distribution building. The proposed building will contain
approximately 77,631 sq. ft. of warehouse, 31,885 sq. ft. of
accessory office and a 2,165 sq. ft. retail showroom. The retail
component of the request cannot be accommodated under the
current LI district. To accommodate the development proposal
two alternatives exist: recommend MIC which will accommodate
the proposal or recommend.LI but make adjustments to the retail
trade portions and frontage requirements (see discussion under
LOR Compliance) of the district-to allow the.use. - -
The intent of the LI district is to create a district which is
more stringent than the existing "I", "MIC" and "PCC" districts
which could then be applied to properties within environmental
sensitive areas including the wellfield protection zones. While
this district was modelled to be affixed to the industrial area
north of S. w. 10th Street it is appropriate for this parcel
given the proximity of the development to the Municipal Golf
Course wellfield.
It is staff's recommendation that due to the environmentally
sensitive nature of the site and need to control potential uses
of the parcel, LI zoning is more appropriate. The staff further
recommends that modifications to the LI district be initiated to
address both the frontage and retail trade portion of this
district.
As further processing of this development plan will not require
review from the Planning and Zoning Board, it is recommended the
applicant be requested to acknowledge his commitment to the
establishment of 10% of the site in native communities along the
canal, as required pursuant to Conservation Policy B-2.5.
A L T ERN A T I V ! ACT ION S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to policies
of the Comprehensive plan (applies to MIC zoning only) and
Section 2.4.5.(D)(5) the rezoning fails to fulfill at least
one of the reasons listed.
C. Recommend approval of the proposed zoning change to an
appropriate designation as allowed under the "Commerce"
Land Use designation based upon positive findings with
respect to Chapter 3 (Performance Standtlrds) of the Land
Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5.(0)(5).
I
P&Z staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 11
S T A F F R E COM MEN 0 A T ION:
By separate motions:
Recommend approval of the rezoning request to LI (light
Industrial) based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(0)(5). .
.
Initiate changes to the newly created LI (Light Industrial)
zone district .wi th respect to the percentage of retail
allowed and required frontage.
PD/REZ.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER nv1
SUBJECT: AGENDA ITEM # If) B - MEETING OF APRIL 13. 1993
ORDINANCE NO. 32-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.26 (C) (4) "Accessory
Use and Structures Permitted" to clarify the type of retailing and
amount of floor area which may be devoted to retail use; and,
amending Subsection 4.3.4 (K) , "Development Standard Matrix" to
provide for a reduction in lot frontage from 100 feet to zero in the
LI (Light Industrial) zone district.
The Planning and Zoning Board at their March 15th regular meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
At the March 23rd regular meeting, Ordinance No. 32-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 32-93 on second and final reading.
f~5-0
.
.
-
.
. -
. ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
\
, )~\lJJ4U~~
THRU: DAVID J. K AC, DIR CT
~ENT OF ~LANNING AND ZONING
FROM: PAUL DORL~LANNER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF THE LI (LIGHT INDUSTRIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on
first reading of an ordinance which will amend the LI
(Light Industrial) zoning district.
BACKGROUND:
When the LI zoning district was recently adopted, it was
understood that "fine tuning" of the district might be necessary
once the district was applied to applicable sites. With the
proposed rezoning of a portion of the Congress Park South from
PCC to LI, such needs were identified.
The areas of proposed change involve:
* having the allowable retail sales pertain to items
"processed" on the premises as opposed to be limited to
those which are "produced" -- this change is consistent
with the original intent of the new district; and,
* increasing the maximum allowable floor area for retail
uses from 1,000 sq. ft. to 2,500 sq.ft.; and,
. reducing the frontage requirement from 100' to 0' .
This change is consistent with several other districts in
which a "0" frontage dimension is listed in the Standards
Matrix. In practice, each lot is required t<?iL have
frontage; however, when dealing with situations ~8"8 a
large lot (minimum area of 20,000 in this situation)
applying a standard is more theoretical than practical.
In the case at hand, frontage is provided by the terminus
of a private street (tract); and, although a skewed
property line could be drawn to meet the requirement, it
seems more appropriate to abandon the standard.
.,
- -
City Commission Documentation
Revsions to Ordinance No. 20-93 which established
the LI (Light Industrial) District
Page 2
These proposed modifications effect the following portions of
the Land Development Regulations;
Section 4.4.26(C)(4) Accessory Use and Structures
permitted:
"Retailing of items pt0~~te~ processed on the premises but
only to the extent of no more than 10% of the floor area of
the structure or u&e area devoted to the item, but in no
case to exceed 1/000 2,500 sq. ft. of display and sales
area."
Chapter 4,"Zoning Regulation", Article 4.3 "District
Regulations, General Provisions", Section 4.3.4 "Base
District Development Standards", Subsection 4.3.4 (K)"
Development Standards Matrix"
Lot Frontage 100 0 feet
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at the
meeting of March 15, 1993. The Board recommended approval of
the proposed changes on a unanimous 6-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance which modifies
the LI zoning district with respect to type of retail, amount of
retail and the required frontage in the LI (Light Industrial)
district.
PD/CC20-93.DOC
. . . .
----~- -- --- -~-_._- --- --- -. ._~~- --- -- - -- - ---~
ORDINANCE NO. 32-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT", SUBSECTION 4.4.26(Cl,
"ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH
(41, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
CLARIFY THE TYPE OF RETAILING AND THE AMOUNT OF FLOOR
AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE
REQUIREMENT FOR THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) lcl, the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (Ll )
District", Subsection 4.4.26(Cl, "Accessory Use and Structures
Permitted" , Subparagraph (41, of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(4) Retailing of items ~t~i~tei processed on the
premises but only to the extent of no more than
10% of the floor area of the structure or use
area devoted to the item, but in no case to
exceed 11000 2,500 sq. ft. of display and sales
area.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4 (K) , "Development
Standards Matrix", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
amended by changing the lot frontage requirement for the Light
Industrial (LI) District, as follows:
Lot Frontage 100 Q feet
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
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_. ._------_...._--_._-----~-~ _._--~--_._.-
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
.
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 32-93
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. ~~ I ! (...fr-~\(-(/,__
,
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 21lU NW 1st fWL~uE . DELRAY I3EACH, FLORIDA 33444
F:\CSI MILE 4U7 127S4 75<; Wr~t_r._ D~r_ot L~n_
(407) 243-7090
/::J ~
MEMORANDUM : I~C:.~; .
4Pn 7 1:., if t:1.)
Date: April 2, 1993 ell}' /9gJ
1'44N,
To: City Commission ~r.r~So
~ 'fIle!.
From: David N. Tolces, Assistant City Attorne
Subject: Sale of North 5.5 Feet of Cason Cottaqe Property
At the March 10, 1993 City Commission meeting, the Commission
authorized staff to negotiate a contract for the sale of the
above property. The parties have agreed on a sales price of
$2,000.00. Attached is the contract between the City and
Michael S. Weiner, Trustee for the sale of the property.
This item is scheduled for a public hearing pursuant to Section
36.35(A) of the City's Code of Ordinances. After the public
hearing~t is recommended that the Commission accept the offer
for the purchase of the above property by Michael S. Weiner,
Trustee, and approve the attached contract.
If you have any questions, please call.
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant 6.-0
V
cason.dnt
IDe
,
,
.
:"., I
,
PARTIES, .;, ThetCftv,(of . Delrav Beach r~,
of 100N~Wi.':la:i:lt~Avenue. Delrav Beach. 243-7cloO ).
and MichieE~~-Ot'Weiner. Trustee r~.
01 102. NO'f.ai:"Swihton Avenue Delra Beach Florida .oJ:=/~265-2666 ..)
her .gr.. ...... . 1 0WU10 r. pr . upon IIle loIlowInli
terms and ~~__ !NCLuoe the Standards lor at Estate TransactlOOS (- ony _ end 10 lhIa InalNmenL
I. DESClUPTION~? . County. FlorIda: The North 5.5 feet of the South
(e) Legei;~'t.i.floleJ Property Ioc&led In Palm Beach I
32.0-'1:~'eb'ofLot 5. Block 67. the Town of Linton (now known as Delravl accordinq to the Plat
thereoe"a.s ,;recorded in Plat Book 1. Paqe 3 of the Public Records of Palm Beach County, Florida i
(b) Str..t~. 'City. zip. of the Property Is: ~ 5 N.E. 1st Street, Delray Beach. Florida 33444 I
(c) P~~)'-:";'. ,
. . _...:,)....,.~~.: . I
. ':Il!P....'::.', i
"".~."t~. <'- .. 2,000.00 !
II. PURCHASEPRlCE ".............. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s
PA~Ji1:;<<
(0) '. .'1 ,:';;.h.~ in escrow by Michael S. weiner & Associates , P .A. in theomounl of. . . s 200.00
(b) Adc:UtioftaI..crow deposit within days after Effective Date in the amount of . . . . . . . . . . .. .... . . . . . . . . . . . . . . $
;-~~.tI.;..:-..
(e) Su~to.~ uaumption or mortgage in good standing in favor of
, - ~-J~~'-~"'f~ - having an approximate present principal balance or . . . $
....'_......~"'.'~-".-
. (d) purChaM'~ mortgage and nol8 bearing annual interest at % (see Addendum) in amount 01 .............. S
{e)~:'~~,~.:.., S I
(fl ~'t~ (U.S. cash, LOCALLY DRAWN certified or cashier's check). subject to adjustments and prorations ... '. . . . . . . . . . . . : $ 1,800.00
III. TIM~f.OR:t~ANCE; EFFECTIVE DATE; FACSIMILE: '5 oHer is not executed by and delivered to aU parties OR FACT OF EXECUTION, communk?aled in writing
._~. .. . ...
bet~ the. "on Of' before . the deposI1(S) will, al Buyer', optlon, be returned to Buyer and thIS offer withdrawn. A lacllmlle copy of thll I
Contract tor ~s...";~ Purchase rConuact1 and any signatures hereon shall be considered lor aU purposes as originals. The date of Contract {"Effective Date' will be the date when
. ~.'.
the lut one of 1M: &uyir. and Seller has signed has signed this clter. I
, .",!;.
IV. FINANQNQ:\-:;", . !
( .,.,~,.~,-.~"i'~ ~ _ ',' "_, "_'"_ . . _ fJY. I I n r
.,~ ~_.~.ftxed' (2) 0 en .dlu.tob~ 0< (3) 0 a fixed or ~ roteben~~~~:...~,~~ 0. ~ en _ __ men~ ~. ... .. %.
;.. '""'~ ," yeero and lor the princlpel emounl 01 S . n. .,. '.., .." ..' _. _ Del. and UN .-
'..~. _d. . .~'Ioan eommltJrienl end. thereafter. to mHl IIle _ end.. .:. ._, ,..... ~:'ehiI ~iOen _. " IluY*'
.1aI1e~~"":__or IaIIe 10 _ BUYW'O righll under thle 1Ubparagteph, .~; ..h 1Ile_ or _. d .. ..1Iorl1al1e Ie! _ IIle
_..~___..._..__,. ~"'-...... "_h_
:,t~~:,',:~57:::"Per:..ra:"::~_h"(c~E~~.~rote~~:~:~ .[J;::;.;:'~~ .. ~~:::
EIIectIve.' . . __ lrom . otaling prlncipel belonces. rneIIlod 01 ~.. . 'd ~. II ~;.= 10 oaaume .
.~!Ii!tlch'~ . ~.tIIe ~ lor oaaumpllon. tIIen.1luY*' . .'~CwIU . complete end roturn
them III : inOrl~ a) nol ~ .xceed S ~. .JlMI !IY;~ ~ no! In. -"Y . ~ Ie no!
" IICC8Ill or. IIle ~u II lor aoaumpIiIln are no! In IlCCOfdence with IIle l8I1!lfI'of ' . a -'.In._ 01 IIle amount.
V. .TJTU!E~NcitAi ieoat ten 10 days before clooing d~e, Seller _I. aI ~r.,. Buyer'a aitomev. In r-- with Standard A:
(CHECK (1) or (2)):(110._ oItiU. or (2) IX! tiU.lnau,ene. commllment .nd. .fter closing; owner'a poIcyoltltla.........{ . '...: . .
:".?~~:~1~~~~~1.' . . ~',;~:'~~;~{~~f<-: .~
VI.' .a.0SI~~TE::'!'Ne tr_ oholl be cIooed and tile deed and other cIoalng _ -~i;;-.:. '. :.........,:.~ extended by _ ~ 01 Contract.
VII. .. RESTRICTlONlfEASEIIEHTS; UMITATIONS: Buysr _ Ilk. title IUbject~: zoning, reotrictlone,.....-.~ Impooed by ~ authority; __
and moll... ~ onllle plat or ~ to the IUbdiviaion; public utility __ 01 reconl ( , ='.bi;_ contIguoue lD RNl "'-'Y IIneo and
not more \han.,.O.Iee\-1n width .. to the rear or llneo .nd 7VJ leet In width .. to 1Ile._ IIn.., _.,....".. . ~n);._ Ior._ d.c:IoIlng and oubeequent
y....;oaaum.,f~_endpurch...moneymortgoge..lleny;oIher: >.. ,; ....... ...:.'.' \, .
"':~~:t'";P<lt:.,;;~' ; pnMded,
tIud therii-t no vIoI.lIon 0I1Ile Ioregolng end none 01 them proventa UII of RNl "'-'Y far. purpoeo(.~ '.t',",:>
~ " ....' . !l'Jo.,L' ' - .. '
'~""'"J."~ ., };..("Cs. .,.0:'" "" r: '"'*(""'''' >-t-: " '. ,,'. , .... .--.1...1..',.... fr.... <,-;. "
VIII:. Oc:CU..ANCv;_.~enlllllet there are no pertlee In occupency _ then Seller; but; II Property Ie ~. . or ~ _ _nil, i,. feet and _ ~: :"~l' '.
therool _.ba",- herein end IIle lonent(a) or occupenll _ purouenl to Standard F. _ agr_.la. .. 01 "'-"Y anlm.,of clooing _ __
.~eted herelllo'..iICCUparlCy Ie eo be delivered before cIooing. Buyw .......... ell fiak 01 .... 10 "'-'Y from _ 01 occupency. _ be __ end _ lor melntonanoe lrom
that ~~ ~~~ 10 haw accepted ~~rty in ita existing condition as of time of taking occupancy unJe.. ~~~ ~ ~ _In ~.~at. ~.
IX. TYPEWNT::fEN. OR HANDWRlTIEH PROVISIONS: Typewritt.n or hendwritten prOYl8Iona ohaIl control oJl printed provtolona 01 Contract In connlet wllh th.m.
. '.' '. ~.." ;-,.', .:. ,
X. RlDEllS.:;~E?< II. ony 0I1Ile following RIdera or. _I!cobl. ~ ore .ttached 10 lhi. Contract): ;
....:{;c~~... .
(a) 0 ~AL'cioNsTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAl. PROPERTY TAX ACT RICER (.) 0 FH>>iA RIDER
. I -::~i"'';'''~:'''' _ ',. ~
(b) 0 ~INIUM RIDER (d> 0 INSULATION RIDER (I) 0 OTHER:
XI. ASSI~uTv:.(CIJ_ECK (1) or (2)): Buyer (1)lCt may assign 0' (2) 0 moy nol assign this Contract.
XII. SPECIAl. CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached 0' (2) IKIth.'. is no Addendum.
XIII. TIME II OF ESSENCE OF THIS CONTRACT.
. ,
XIV. DISCLOSU .. .
THIS IS IN EN
Date
Date
(I""ef) IhUe,)
Social Security ~ Tax 1.0. , Social Security or Tax 1.0. ,
Ceposit under Paragreph I~a) received; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. (Escrow Agent)
BROKER'S FEE: (CH~CK AND COMPLETE THE ONE APPLiCABLE) By:
0 IF A USTlNG AGREEMENT IS CURRENTLY IN EFFECT:
Seller agreM- to pay the Broker named below, Including cooperating sub-agents named, according to the terms 01 an existing, &eparate listing agreement:
OR . .. '
o IF ~ USnNG .AOR~EN~~NTLY IN EFFECT: .,
58 ..... tQ pay Sr bekJw, at time of closing, from the disbursements of the proceeds of the aaI.. compensation in the - amount of (COMPLETE ONLY ONE)
conlract:"i,"{,=-'::C:~ ~S depoolt(.) Ia retained. f~r~:;;:,,~e".:'~n.~=r~ t:'t:. ~~:n~ng,::::~y~l1. ~~~:h= ~~,::' U;~'':l=~.~
services, Including coRa expended by Broker, and the balance shaJJ be paid to Seller, If the tranaacuon .hail not close because of r.fuaaJ or failure of Seller to perform, Setter shall
pay the full f~.! ~ . Broker on demand. In any litigation arising oul 01 the Contract conc:erning the 8roker's fee. the prevailing party ,hall recover 'easonable attorney', r... and costs.
{tlmINlMot..........., (ftrm APM 01 Mlllng Btok." ;.;',,- _.
By: By:
FAAI~~1ll1 (aulhclrtzed~ -
RIDERS CAN IE OBT AIHED FROM THE FLORIOA ASSOClA TION Of' REAL TORS OR THE FLORIDA BAR.
-
.,
--..-
STANDARDS FOR REAL ESTATE TRANSACTIONS
:~i~r~~~i~;)Ep~~P:~IT,;E~d1JeA~na:~~ruar~t:fs~i~~p~~:P~r.i~e ~~:t~~~:~t~U~~rendti~~ ~it~:Pt~t~~~e ~;~ ~~~~~nriy ar~~~~g~~ii~ I~fe ng~b~~s;~~~r~Se~fcte,:~lfb~~~~, ~o~~~;fn b~eaa~
Property Is located through Effective Date and which shall commence with the earliest public records. or such fater date as may be customary' In 'the county. Upon
closing of this transaction. the a,bSlract shall become the 'p. r.operlY Of Buyer. ,SUb. ject to the right, of retentiOnth. ereat by first mortgagee until fUlIy..r8idoI2) A tilla
insurance commitment issued by a Florida licensed title Insurer agreeing to Issue to Buyer. upon recording of the deed to Buyer,' and own.t', 'policy" title nsurance
In Ihe amounl 01 the purchase price Insuring Buyer's 1111.10 Ihe Real Property. subJecl only 10 liens, encumbrances; exceplion. or quallflc.tloni..illlorth In Ihls
Conlracl .nd Ihose which .hall be discharged by Seller al or before closing. Seller shall convey markelable title subJecl only 10 lien.. encumbrances; .exceptlons or
qualifications specified In Ihe .Conlracl. Marketable title' shall be delermlned ecCOrding 10 applicable Tille Standards adopled by authority of The Florida Bar and In
accordance wllh law. Buyer .hall have 30 days, If abstracl. or 5 days. If title commItment, from dale 01 receiving evidence of title to ex.mlne II. If title Is found
defective. Buyer shall. within 3 days, nollfy Seller In writing specl'ying delecl(s). If Ihe delecl(s) render III Ie unmarketable. Seller will have t20 dlYs Irom
receipt 01 notice wllhln which to remove Ihe delecl(s). lolling which Buyer shall have Ihe option of eilher accepting the title as II then Is or demanding a refund of
deposit(s) r.aid which shall imm~diately be returned to Buyer; thereupon. Buyer and Seller shall release one anolhero' all further obligations_ under the Contract.
Seller shal , if title Is found unmarketable. use diligent effort to correct defect(s) in Ihe title within the time provided therefor, including the bringing of necessary suils,
grace per!od In the event of default ii a first mortgage and a 15.day grace peoriod if a second or lesser mortgage; shall provide for rl hi 0 e or in
part without penalty; shall not permit acceleration or Interest adjustment in event of resale of Real Property; shall. ns and encumbrances to be kept
In good standing and forbid modifications of or future advances under prior mort age(s; an , 0 e and security 89reement shall be otherwise in form
and content required by Seller; but Seller may only re uire clauses . In mOrlgages, mortgage notes and secutlty agreements generally utilized by
savings and loan Institutions or state or nalfo e county wherein Real P~operty is located. All Personalty and leases belng"conveyed or assigned
will, at Se'.le,"s 0 tion len of a security agreement evidenced by recorded fmancing statements. If a balloon mortgage, the final payment will exceed
C.. SURVEY: Buyer, at Buyer'~ expense. within time allowed to deliver evid~nce of title and to examine same. mar have Real Property surveyed and certified by a
registered Florida surveyor. If survey shows encroachment on Real Property or that improvements localed on Rea Property encroach on setback lines, easements,
lands of othe,s or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a tille defecl. -
O. " .. . " a
Certified Pest Control Operator to determine if there Is any visible active termite Infeslation or visible existing damage from termll mprovements.
If either or both are found. Buyer will have 4 dayt ,from date of written noUce thereof within which to ha , ether visible or not, Inspected and
estimated by 8 licensed builder or general contractor;' Sellerlhall pay valid costs of tr a damage up to 2% of purchase price. Should such cosls
-Y exceed that amount. Suyer shall have the option of ~ancellln . ys aller receipt of contractor's repair esUmate by giving written notice to Seller or
~ :~ly~r~:!'~o~I.C lq, prOceed Yflth I~ purch.s,;. i>riC.e:Terml~;:'~~~a~r~~ '::~:::g~~~n~I~~~d~lIa~g~':Js~:S~~:I~ga~r~~~~s~~~~~~I:Z: :~I~le o/eb~"rt~aJ~e~tt~~d F;~~~~
E. .INGRESS AN'~.~i~~~~~~::tw.'r;a~~~'~~d; ;~~~~le~I' thaI ther~ I~. in.gress and egress to the Real Property sulliclent for Ihe Inte~;;:f~r.l3f~s ~8$';rlbed In
Paragraph VII.hereol;tltlelo'whlch I. In accordance with Standard A. . .. .,.,.'i".~~~w.' '.... ..
'.;c FHEASES,Seiter;.hall, nolle.. than t5 daya1>a!Oi.i clbatng,..Jurnl.h 10 Buyer copies 01 III wrlllen leases and estoppellellers from elch lenanl.peci'ylng the nature
and duration of the l'Inant'. occupancy. rental. r aIel!, .8.Qvanced rent and .ecurity deposits paid by tenant. If Seller Is unable 10 obtain such leller.'f.o.1n each lenant. Ihe
s.me Information .han be'tumlshed .by Seller'to.Buyer/withln Ihalllme period I'; the form of a Seller's affidavll. and Buyer may Ihereafter contacllenanls to confirm
SUCh.ln'Orml!lk!.~S.!~~...halt.,~~lng,.'!.,eJ!~!!t,~ ~!!I'1,.I~o.rlgl~all....ea to. Buyer. .,._.~;",., .
O. UENS:San.[ .hall luml'h )o.,.l!yyel ,~I,;I!.m. ..o.f.;lllo.'ng' .'l allld.vit ~Il..tlng 10 Ihe absence, unless otherwise provided for herein, 01 .,;y"l"tiriiirci. cllong II.temenls,
cl.lmaof.llen.6r potenllal.nenon' knowH'.lo' SelktV'a~d 'Iurther .lleallng'th.f1here have been no Improvemenll cr repairs to. Ih. Property 1000,00..d.y. Immedl.taly
preceding' dal. oI,cIo~lng;~I.J'rop. .rty..haa'been'Jmpro"d.Ol" repalr.d wlthln,lh.t lime. Seller .hall deliver relea.es or waivers 01 mechanlca~'.lIet\.;.xeculed by all
general.oonlt.ctcr...ubconlractors. .uppllet.: and m.terialmen In .ddltion to Seller'. lien affidavit selling lorth Ihe n.mes 01 all .uclf,o.ner.1 conlractors,
.ubconlr.ctors. .uppR.ra and"m.tlirlalmen .nd lurth.r .ffirmlng Ihat all chargel lor Improvements or repairs which cculd lerve a. . ba.l. lot a mechanic'. lien or I
cl.'m 1000.dam.g.. h.v,. been~.wI.~.;Pald..' cioaiJIgp'..thl. Contracl.;.;,,:.,. .... . .'~"~.'''.
~;'Ir.~~CI1 C?F..C~9S!.~~~(:!~~~~~h~!I.~,!Wil,L~,~~,~~U~I~....herein ~~e..~~~.I.ProperlYlslocated althe office of the .Ilorneyor other c~o..~nJ!,~g~~il.de'lgnlted by
I. TIME,Tlm. parlod~ herein ~f.Ia:..th.".e day...h.U.ln'lhe computallc". exclude Saturdays. Sundays and .tale or nallonal legal hOlld.y.;/~a;;d~ny time period
provided lor h.~.ln whIch .hall..~ on Salutday, Sunday or a legal hollday..hall.extend to 5:00 p.m. of the nexl bu.lness day. <,.;~~i<~ .
.. J. DOCUMENTS FOR. CLOSING.. '...8e. lIer 'hall.'urnISh. . tha deed. bill of sale.. m.chanlc'. lien affidavit. assignments of leases. lenanl and mortgag..e .. "~.0P, pellellers and
correcUve In.lrum.nta. Buyet ehilll'.lurnl.hcIOtllng.,alemenl. mortg.ge. mortgage ncte. .ecurlly agreement and IIn.nclng Italement.. ,\ : ',>6~,:~ ..
K.EXPENSES, oocum.ntery....a:mp. on.t.he. .. ...de.. ed.. and .re. cording co...rreCl.lv..,. In.trumenla .hall be paid bYI- ....Document.ry .Iamp.. Inteng.lb.I.. ..taX.., .nd t. ecord. ing
purchase money mortg.ge 10 Sel.ler. dee~.~~~ .f1~,!~.~lng ...temenIS, .ha!I.~~, p.'d by Buyer. ~ \l ~I:d:l,:'.:.;.~~..::, .. .
l. PRORATIONS; CREDITS:. Taxe.. asse.smenl.;renl. Inlerest. Insuranc. .nd olher expense. end revenue of ropertY .hall be proraled IhroU9!CmbefOf. closing.
Buy.tahen have Ihe opllon olteklng.cvar.any..xl.Ung pollclea 01 In.ur.nce.'1I a..umable, In which evenl pr.mlum. .hall.b. proraled. C..h.<<ltClo.lng .hall be
. , Incre.a.ed cr decrea.ed.. may..b."equlred by.protaU,!~...Proratlon. will be made Ihrough day prior to occupancy II occup.ncy occurs befOt..cI9.lng..Adv.nce renl
y '. and .ecurity.depo.lt. will be credited 10 Buyer andescfO\\' d.po.lt. held bY'.mcrtgagee will be cred.ted 10 Seller. Taxe. .h.1I be prorated ba.ed'~i(;'th. currenlyear'.
tax wllh due .Ikiwance m.d.'lot..maxlmum .lIowabledlscounl. home..ead and.olher exempllona, If closing occurs at. date when' the curr.nl:J!IIt:a'IOlIIage 1. not
fixed and .currenl year'. asse.smenl I. avallable,.ta~.. will be prorated b..ed .upon .uch ...essment and Ihe prior year'. millage. If currenl ye.r,.s':aa.essmentll not
avellable. Ihen .lax8l..1I1 be prora. ted on th~. ,'riot ;'yeat:e I. ax. If Ihere .rec.comp..leled Improvemenls on Ihe Real Prcpe.rtyby Janu.ry tal o. Ifye. .il' t.clollng which
Imptovements w.r. .nol In;...xlalence.~I). .1lU8,,:;.tst 0.1 :lhe:,prlOt.{ye.ri,:-,lhen laxe. sh.1I be prorated b..ed upon the prlct.rM!: .lU.ge'. .nd al
an eqult.bl...sessm.nt 10 be .gre.d. upo _n .11Ie p.rtI.s. laUlng. which; requesl will b. m.d. 10 Ih. Ccunly Property Appr.l.er lor .n.~" .1. ...essment
taklng:lnto oon.,d.r.,lon..vall.b......mptlCIlt.:"'ny,Iax.~pror.UCn.b...d,cin;8Q,...Umlit. shall..1 t.qu.st cf .lth.t Buyer Ot S.II.r. b. s'!".. ., 1"~Jd""pon
receipt 01 till< blU o~condlt~.1!'''J.~ ~.~.!!1:!O)~~!~f!tt~ ~ In the clo.slng.~.I~.te"'enl. " . .~,r .'~ :.~~f
M. SPECIAL.ASSESSMENT LIENS: c.iiffled..conllrrned..nd rstllled specl.1 ....ssmentllens as 01 date of closing (nol.s 01 EllecUv. o.'e). .p ity Seller.
P.ndlng 1Ia:n. a..... .0.. Id..t. of. cIoa....t.ng. ....hal..I. be... ..u. med. ...bDY.B. u...ye. r... If the. . 1m.. 0 prove. m. ...nl has been SUb.S lanUally compleled.s 01 E. ffe.c. uve. D.ate..auClijj.jjJ.~. 9 1I..e.n. . ..h....a. II. be
- ~~r~t~l4lrtlfl!d. co,~~itT.!~$.i:W!~ ~~~?fya~\~~.~~,~'f~~~IOSI~9.y~~~~ged .n. .mount ~qUalto the. lasl eStl~al. ~' .ssea..menl ~;lI1'~L b~)he
N... ..' " . d
InlWrklt.wall., .eawall. (or equivalent) and ,doc ali,do ncl have any VISIBLE EV 0 NCE of leakl. w~ler damage or .truclur. dam.ge and Ih.t. n . pool,
... all applanc.s; mech.nlCalltemll: he.Ung. Ing,'ltleClrlcal, plumbing .ystema and machinery are .n WORKING CONDITION. Bu . uyer',a'.xpense. have
In.peQtlon. made oltho.e Itema,by a flrrnllrlndlvlduatspeclallzlng In home Inspeclions and holding an occupaUonal auch purposa: (1t1teq'ulred) Ol" by an
approprlalely licensed Florlda.eonlractor. Buyet ahall. prior to Buyer's occueancy or nolless Ihan to do . oslng. whichever occur.n~I'.'!!.Port In wrlllng 10
,.... S.II.r.uch Items Ih.t do nof maef Ihe .bov. a1andards .s 10 delects. Un ess Buyer re e ecls within Ihal tlm.. Buyer .hall b. d.ema:d:IO h.v. wafved
. Saller'. warranties as 10 defec.. .nOI r.ported. II rep.lrs or replacements a .. eller shall cause such repairs 10 be m.de and .h.lr p.Y.'ilp 10 3% of the
purch..e price lor .uch repalra or replacemenl. asma n order to place such item. In WORKING CONDITION, II the. co.tclC)t".u~h rep.lrs or
repl.c.menl . . exceeds 3% of.. Ihe purcha.e" . yer or Seller may elect to pay such excess, failing which ellher~. p."Yl.<m.y.' oanC.1 Ihis
Contracl. II Seller II un.ble to cor cIs prior 10 closing, the co'llhereof shall be paid InlO escrow at clo.lng. Seiler will, upon reaaon.bl. nctlce, provld.
utllltle. .ervlce and e ProperlY for Inspection.. Including a walk-Ihrough prior to closing. Belween Effective Dale and the dale C!.CIo.lng, .xcept for
repair . y Ihl. Slandard. Seller .h.1I maintain Properly, Including. bul nollimited 10. the lawn a~d shrubbery. In the condition h~.r1\.2Iedl. ~rdlnary
P-;operty .0 damaged. COil 01 restor.tlcn .h.i1 be .n obligation 01 Ihe Seller and c oslng shall proceed ,. <I..tor.tion costs
~~g~~.da:tl~~~sln:ih: Ihe co.t 01 re.toratlcn exceed. 3% of r~c"eeds payabl. by ~Irtue of luch loss o:~"m~~:..:.e~e~an~~r.r~g'r:.~ ~~~jr~h. ~fl ~C)lvT~~~t:,a:.;':,~
. .. ,~.,. .:.....1." ~.~:'.' _0, ~p../"'. _. . 'C:" .:f"~':"'~
P. PROCEEDS OF SALE' CLOSING PROCEDUREt: The deed shall be recorded upon clear.nce of funds. ff .b.tract. evidence 01 title .h.ll. ued .t Buyer's
.xpan.e to .how title In Suyar..wIthcut .ny.ncumbr.nce. or. change which would render Seller'a title unmarkelable from th. dale of Ihli 1..1 . '~Ce.;Proc.ed. of
c th. .al. .hall, b.a: h.1d In ..crow by Sell.r~. .ttcrn.y ,or by, .uch other mulually acceplable ..crow .genl for a period cf nol longer th.n Ii d.ye'.ItOnt.~.fler clo.lng
date. II Seller'. tllte I. renderedunm.rkel.ble:lhrough no lault of Buyer. Buyer .hall, wilhln the 5-day period. notify Seller In writing olth..def8jll.:lln\l'S.II.r Ihull
.h.v.3O day. lrom data 0.1 ~Iplof .uch..notlllcation.to.cur. the defecl. II Sell.r lall. to timely cure the defect. all depc.it(.) .nd cfoslno.lunclj.'h&I"'~upon wrlllen
dem.nd by Bl,lyer .nd within Ii d.ys .lter d.'1'.nd. .be returned to Buyer and .Imultaneou.ly wilh luch repaymenl. Buyer shall return p.rao.n.lit. cl;~cate Prcperly
-.nd re'Convay It 10Sell.r by .pactal warranty de8d:'.tIllUy.t'I.i1s 10 make tlm.ly demand lor relund. Buyer .hall take title as I.. waiving .11 iillli . D"i1n'l Sellir a. to
.ny Inlervenlng delecl exce t >>m.y b. .vailabl...!oBuyer b virtue 01 warrantlel conlained In Ihe deed. II a portion of Ihe purch....prlCa: A "..derlv.d from
Ip.tltutlonal flnenclng or reffn.nclng. requ1remenl' .01 Ihelendrng In.tltutlon as to place, time 01 day and procedures for closing. .nd for dlab ~ ~n" 01 mortgage
, ,. Proceads..h.ILconlrol'ov.r.oontr.ry provl.lon ,In. thl. Conlract. Seller. .hall have the rlghl to require from Ihe lending Instllutlon..'WIjtl.~mmitment that
it will not With.hOld dl.bursame. nt 0.1 mortgage proceed. as a result of any title defecl allrlbulable to Buyer-mortgagor. The elcrow and clo'l.n Bt.... lQCedUr. ...requlred by
" Ihl. St.ndard.may bewelved lI.tltle .genllnsurea .dverae mailers pursuant 10 Section 627.7841. F.S. (1989), as amended. .... .... ..,~ .,: '. '.'
Q. ESCROW:..Any e.crow .g.nq'M!!!.t,recelvlng .Iund..or equlvalenl '" authorized .nd egrees by acceptance 01 Ihem to depolit them~ p'r mp )','flold ..me in
escrow and..lubject to clearance, - diSbU~'. them in accordance with term. and conditions of Contract. Failure of clearance of fundi ~h.I't.ilO~cule Buyer's
=-mo:::::',~. ';:::- :~~ ":"~ '.:'::: $':".:.r::~":r.'.\:::;".=:: ~'r;, ~::' ::.r.. :~,:r.:::: :r.::"~;~r::,::. y::; ~.:~~
m.y depo.1t same with the Cler~ of Ihe circuit court hav.lng Jurisdiction o? the dl.pute. Upon nOtirvlng ai, partlel concerned 01 such .ct.'.c.n1.. :'. '.... . 01) the psrt 01
Agenl .h.i1 lully lermln.... .xcepl to the extenl o'accountlnll tor eny items prevlou.ly delivered out of escrow. If a IIcen.ed real .state broK, n comply with
provlalon. 0' Ch.pter 475, F.S. (t989). as .mended. Any su.1 between Buyer and Seller wherein Agenl.s msde a parly because o! .ctl!!O .., . reunder. or In
any suit wherein Agent Interpleads' the sublect matler'of the escrow, Agent shall recover reasonable attorney'.... '''8''''''. ... lncu".d wilh
the lee. .nd CO'I. 10 be pald.lrom and'OUI 01. ,he e.crowedfund. or equlvatent.nd charged and .warded as court co.t. In I.vor 01 Ih. pray P.rtle. ag'..
Ihal Ag.nl .hall nol b. liable to .ny'party cr pjlrson I~ ml.dellvery to Buy.r or, Seller of llems subjecl,o this Iscrow. u~l.s. s~Ch. mlld,,1 :'itlllful brelch
olthl. Conlracl or.gro.. negllge"ce ol;"'ge"l.; .,~.2".. . ,~~. ... .' ..' . " . .,... .' .. ..to..,.
R. ATT. OAN. EY..... S...... F.E... E...S...:. C..O..S.TS... .:. ...I....n.... a.ny.. ..IItI08.t.l.o.n...,......(..la... ..I.n. g..... ou. .L.O .'.Ih.'.... Co. . "Ira.. .ct.. th.. e. prevailing party In such Iitigation..w. .~. IC..h., I~.! t1.! ..h.e..,p...u. r. . tan.d ard, .hall
Includ. Se,I~!~~.uy~~~tlallng<~!r,.~lIy1}:.I1.r,Q~~".n1;..~t ~ub.ge~':.lc.lh~IiSllng broker or Buyer's broker. Ihall tI. Jlntltle~?c!.~~ . ~r~e~"fees
.~~~=~Re:.OF .EfiFO~f'~-1O~P;i1';;;":.lti.. cOnl~. w1tbln:the. time specllied, Including p.ymenl 01 .1I~ii!<~ihli of tij~uyer and
'.d8llC)8lt(.)IlIiOfMit;tcI~paId;-=. :. . . ""'~.""'..ccounlol Sa~,.. .greed upo!' Iiquldaled damages. con.,derallon.lor-th. .x . Contracl and
.lri lUR'ieftIa:. ment'ohnt'dalrna.. . .tilUPO. '. ':8!1Y1H':.. ..'nd.. :set., .. Iarehall be rall...,I'of all obllgallon. under Conlract; or S.lIer....1 .S.ller~. bpI. . In .qully 10
., ,.~...li!tgllt. uftda{ ..~ other. Ihan l.lIur. of Saller 10 make Seller'. IIl1e marketabl. .lter .dlllgenl .11 a: neglectl or
:~~~t.=-Co .:., ;- ~:. ..:.:, ....~~.'~~r~e~~~,;~!)!I,~pt!O receive Ihe relurn of Buyer'. dep"o,~.~'~;I~U~JS:, . . ~r!t~IICn for
".r~'CONTRAcr)lOTRE~ERSOHS'B()UN rNOnCE: N.l\h.r'1llf. Conlract. nor .ny nollce 0111. shall be raoorded.'~;anYPar;1 ,",.Thll Controc!
'i!< . , ....... JII. al.. LiID.cUnd. . .. .In..,U.O Jba:.:blIlMlIlo. ...r:d.. cllI.. .:..DBII1..... .~. .... .~k. ,succe,sorsJn .lnleresl, Whenever the con Ie. xt permits. .lngular"lIaU In..cIUd .. .' .... _.;gender shall
. ."j .lnClli.~'a:!f;,NoIlCe olvan bYoi"'!!~~tton;i~.1!",,,~yparty .hall be asenectlv..s" given by orto that party. ...'.'.~ .. :;.. .
'.,..."'.U~'CONW'rANCEl'-seller .1Udl.~lftfrto'1htifR..tPrope"Y by _tutory~rranty. trustee'.. person at repre.entatlve....." guardian'., . proprlale to lhe
..'\!I.u&".oISef!et...;.llbleC! only ~.ttlirllcon~nedJi,-.p'.r.graph V\I.and \Iloae.Olherwlse accepted by Buyer. Personalty .hell. at re.gue.t9,!;B .~ 'tr.ensferred by
.iltI..bSOlul. bill 01 aale with ~.~nty onllle; aubjeijl only to .uch matlere.asmay be otherwise prOVIded for herein. '.,I'.'....y..
..!'.."'II".' :AO.ft.EE. M. ENTll............... ;.....~........'...... man. ..or. ..~ep.r.es...ant..,Ij.. .....h..II..be. bind. ing.upon Buvaror selle.rUnl..ess.'.n..clu. d..ed...ln.t!l ' ~o..m..o.d IIlcatlon
'j:;';":. . ,. ~JI'o"'~~ ~ ",.~~~~l"!"":thepa(tles ~~., ;.IIagandexecuted by Ihe party.~r P~Ie'l(IJ!n~.e,,<po ~e1 ~;):;-.
;J..I1> NtI~I\a:t',.,. .af~~t~nFto..~e"... .terlally a.ffectlnglhe value ollhe R.)l;l'rc~rtY/.."lcl) cb.ervable by
:";. : .~~~.S:~:;~~'/~~~~F -JJ~~';.';:. .. ...;.~.~tJS:~~Z:'.'" .:!'
I
. .
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
PROPOSAL FOR SALE OF REAL PROPERTY
Pursuant to Section 36.35(A), "Sale of Real Property", NOTICE IS
HEREBY GIVEN that the City Commission of the City of Delray Beach,
Florida, has determined it to be in the best interest of the city
to sell certain real property, more particularly described as
follows:
The North 5.5 feet of the South 32.0 feet of Lot 5, Block
67, TOWN OF LINTON (now known as Delray), according to
the Plat thereof as recorded in Plat Book 1, Page 3, of
the Public Records of Palm Beach County, Florida.
Subject to easements, restrictions, limitations and other
matters of record, for the purchase price of Two Thousand
Dollars ($2,000.00)
A PUBLIC HEARING on the sale of the property at the price and on
the terms and conditions set forth above, and as may be further set
forth in the Contract for Sale and Purchase, will be held on
Tuesday, April 13, 1993, at 7:00 p.m., in the City Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
Said Contract for Sale and Purchase can be inspected at the office
of the City Attorney, 200 N.W. 1st Avenue, Delray Beach, Florida.
Please be advised that if a person or persons decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such persons will need a
record of these proceedings, and for this purpose such persons may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. The City does not provide nor prepare such
record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 30, 1993 Alison MacGregor Harty
April 6, 1993 City Clerk
'.
. ~~ Itlll~
~ MICHAEL S. WEINER & ASSOCIATES, P .A. AS MAR 2 2 199~
A TTORNEYS A T LA W
The Clark HOl,lse
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
March 22, 1993
HAND DELIVERY
Mr. Bob Barcinski
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Purchase of North 5.5 of Cason Cottage Lot from
the City of Delray Beach
Our File No.: MSWA(050)085
Dear Bob:
Enclosed is a Contract for Sale and Purchase pertaining to the
above-referenced matter. Please have this Contract executed by the
City in the lower right hand corner. Please note that under
Paragraph 3, the time for acceptance of this Contract is on or
before March 30, 1993. Should you have any questions or comments
regarding the Contract, feel free to contact either Michael or me.
r look forward to hearing from you. Thank you for your
cooperation.
i~e~~~l~~SU:10
ndi S. TOmpk~S
RST/mph
Enclosure
cc: Michael S. Weiner, Esq.
,
CONTRACT FOR SALE AND PURCHASE "'~I
- l' . ~,
FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR " '~,.
... ~~~~.::'
<{1]:".
PARTIES: The City of Delray Beach ("Seller"),
of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone (407) 243-7000 ),
and Michael s. Weiner, Trustee ("Buver"),
of 102 North swinton Avenue Delra Beach Florida 33444 IPhone (407) 265-2666 )
hereby agree that the Seller shall sell and Buyer shall bUA the following real propert~ (" eal ropertv) and personal property ersonallv) (col ectively "PA~ertv") upon the following
terms and conditions, which INCLUDE the Standards for eal Estate Transactions (" tandard(s)") printed on the reverse or attached and any Riders and enda to this Instrument.
I. DESCRIPTION:
(a) Legal description of Real Property located in Palm Beach County, Florida: The North 5.5 feet of the Soutl
32.0 feet of Lot 5r Block 67 , the Town of Linton (now known as Delray) accordinq to the Plat
thereof as recorded in Plat Book 1. Page 3 of the Public Records of Palm Beach County, Floridc
(b) Street address, city, zip, of the Property is: ~ 5 N.E. 1st street, Delray Beach, Florida 33444
(c) Personalty:
II. PURCHASE PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000.00
PAYMENT:
(a) Deposit(s) to be heid in escrow by Michael S. Weiner & Associates, P.A. in the amount of . $ 200.00
(b) Additional escrow deposit within days after Effective Date in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(c) Subject to AND assumption of mortgage in good standing in favor of
having an approximate present principal balance of . . . $
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of . . . . . .. ... .. $
(e) Other: $
(I) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check). subject to adjustments and prorations . . . . . . . . . . . . . . $ 1,800.00
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 on or before March ~O, 1993, the deposit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this
~AJ,I,"/ "3, 1"1':3
Contract for Sale and Purchase ("Contract') and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date') will be the date when
the iast one of the Buyer and Seller has signed has signed this offer.
IV. FINANCING:
(a) If Un:,. tJul,-,IICl.:n::r ....1;....'0' VI QIIY J.I,ul vr ;1 ;" Lv bo r;IIClIIII.,lD'a by a U,inJ1>a,ly Ivall,. U';.;J OOhhGl ;~ ""Olld;t;VII6d un oyer 0 alOlOg wn n comml men or
or (2) or (3)): (1) 0 a fixed, (2) 0 an adjustable or (3) 0 a fixed or adjustable rate loan within _ days after Effective Date at an initial interest rate not to e 010,
terllJ of years and for the principal amount of $ . Buyer will make application within da ective Date and use reasonable
diligencjl to obtain the toan commitment and, thereafter, to meet the terms and conditions of the commitment and e loan. Buyer shall pay all loan expenses. If Buyer
fails to'bbtain the commitment or fails to waive Buyer's rights under this subparagraph within the time lOing the commitment or after diligent effort fails to meet the
terms and conditions of the commitment, then either party thereafter by prompt written notice er may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph lI(c) above has (CHECK (1 a variable interest rate or (2) 0 a fixed interest rate of % per annum.
At time of title transfer some fixed interest rates are subjec se. If increased, the rate shall not exceed % per annum. Seller shall, within days after
Effective Date, furnish statements from gees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a
mortgage which requires ap r uyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return
them to the mort mortgagee chargers) not to exceed $ shall be paid by (if not filled in, equally divided). If Buyer is not
accepte gagee or the requirements for assumpti~n are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount,
. . .. .tG-4~sr .ojilarty wRlsiS Qit~Qr Ql~~t& to pay l"lI iR~r'il~i'il ir 'n'orod rata Qr ovnooo mn...QaQ.... nna'g"~.
V. TITLE EVIDENCE:. At least ten (10) days before closing date, Seller shall, at Seller's expense, de.liver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2)): (1) 0 abstract of title or (2) IXI title insurance commitment and, after closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 4/30/93 , unless extended by other provisions of Contract.
VII. RESTRICTIONS: EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by goverFlmental 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 7'1. 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; other: T\lONE
; provided,
that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for residential/commercial purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller: but, if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (CHECK if any of the fOllowing Riders are applicable and are attached to this Contract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (c) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (e) 0 FHNVA RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER (f) 0 OTHER:
XI, ASSIGNABILITY: (CHECK (1) or (2)): Buyer (l)nmay assign or (2) 0 may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 0 is attached or (2) 1KJ there is no Addendum.
XIII. TIME IS OF T ESSENCE OF THIS CONTRACT.
XIV. DISCLOSU S: Buy knowledges or 0 does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures
THIS IS IN EN ALLY BINDING CO RACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR T
THIS F ~ HAS BEE PPROVED BY THE FLORIDA ASSOCIATION OF REAL TORS AND THE FLORIDA BAR.
not con titute a 0 inion that ny of the terms and conditions in this Contract shoufd be accepted by the parties in ~ particular transaction. Terms
con itions ui be ne tiated based upon the respactive interests, objectives and barxaining &OSitions of all interested persons.
PY HT 1991 BY THE FLORIDA BAR NO THE FLORIDA ASSOCI TION F REALTORS
. ;::::::..-- - HE- CITY-OF DELRAY BEACH
1 1 By:
Date
Its: (Selle,)
Social Security or Tax 1.0. #
Date
(Buyer) (Soll<>.)
Social Security or Tax 1.0. # Sociai Security or Tax 1.0. #
Deposit under Paragraph lI(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent)
BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By:
0 IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT:
OR Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
o IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
_0/0 of gross purchase price or $ for Broker's services in effecting the sale by finding the Buyer ready; willing and able to purchase pursuant to the foregoing
Contract. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker as full consideration for Broker's
services, including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller shall
pay the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney's fees and costs.
(firm name of listing Broker) (firm name of selling Broker) (Seller)
By: By: (Seller)
{authoriz.ed signatory) (authoriUKl signatory)
FARIRAR.1 RAVic:::prl 1/q1 RlnFR~ ~AN RF ORTA1NFn FROM THF FI ORlnA A~~n~IATION nF RFAI TOR~ OR THF FI ORlnA RAR
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * /0 D - MEETING OF APRIL 13. 1993
RESOLUTION NO. 38-93
DATE: April 9, 1993
This is a resolution authorizing the purchase of certain real property
located at 418 S.W. 3rd Avenue and accepting the contract stating the
terms and conditions for the sale and purchase between the sellers and
the City.
Prior to completion of the agenda package, we received the signed
contract. A copy of that document is attached as backup material for
this item.
Recommend approval of Resolution No. 38-93 and the contract for
purchase of property at 418 S.W. 3rd Avenue.
~5-Q
.
,
. .
.
,
. "\
.~ fA. \
rlTY DF DElRAY BERtH
. '; ,1.~ '
fORNEY'S OF:Firt Wr~t_r'. D~r_at L~n_
,,i . ., . . .. .J f,.,
(407) 243-7090
MEMORANDUM
.
Date: April 7, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Purchase of Davis Property
418 S.W. 3rd Avenue
Over the past year, our office has been negotiating for the
purchase of the above property which lies adjacent to the
Environmental Services Complex. The City has offered and the
owners have accepted $44,000.00 as the purchase price for the
12,144 square foot parcel. Mr. Dale Davis and George T. Davis
are the owners of the property. There presently exists a
one-story home on the property which was constructed in 1925.
The property is on the west side of S.W. 3rd Avenue just north
of the Environmental Services Complex. It is anticipated that
this property may be used for future expansion of the Environ-
mental Services Complex.
At the time the backup material was sent out, I had not
recei ved a signed copy of the contract. I will advise you at
the meeting of any revisions. Approval of the attached
resolution and contract are required pursuant to Section 36.04
of the City's Code of Ordinances prior to executing the
contract. If you have any questions, please call.
DNT: sh
Attachment
cc: David Harden, City Manager
William Greenwood, Director of Environmental Services
Cheryl Leverett, Executive Assistant
purdav1s.dnt
10 D
,
.
- ~._-- ----- - -. -_._-
-~--------- - --- -~ -------~
RESOLUTION NO. 38-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE
FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, WHICH PROPERTY IS LOCATED AT 418 S.W. 3RD
AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE
CITY OF DELRAY BEACH, FLORIDA.
.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain property located at 418 S.W. 3rd Avenue, Delray Beach, Florida,
for the purpose of providing potential expansion of the Environmental
Services Complex for municipal benefits; and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Dale L. Davis
and George T. Davis, as Sellers, land for public purposes for the
purchase price of Forty-Four Thousand Dollars ($44,000.00), and other
good and valuable considerations; said parcel being more particularly
described as follows:
The East 21 feet of Lots 45, 46 & 47 plus all of Lots
52, 53 & 54; Sundy & Tenbrook Addition to Delray
Street Address: 418 S.W. 3rd Avenue
Delray Beach, Florida
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
contract!for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the Sellers as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day of
Apr il, 1993.
MAY 0 R
ATTEST:
City Clerk
40 ( .:: (:: 4 -;-:::: ;; p ;' ~, :: . '~~ -:. : ~I : : ~ -
CITi ATTORNEY'S OFFICE TEL No. - . , -
I
CONTRACT FOR SALE AND PURCHASE
DAI"E LI DAVIS and GEORGE T, DAVIS, ("Seller"), of
Louisville, Kentucky, and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Seller
shall sell and the Buyer shall buy the following real property
("Real Property") upon the following terms and conditions:
I. DBSCRIPTION:
The East 21' of Lots 45, 46 & 47 plus all of Lots 52, 53 &
54; Sundy & Tenbrook Addition to Delray
III PURCHASE PRICE . (~, . ')cz6J .$44,000.00
. . \ "., \, >.. t.l:'~ . . , .
'.... ~
tIll TIME FOR ACCEPTANCE; EFFECTIVE OAT!: If this offer is not
executed by and delivered to all parties'OR FACT OF EXECUTION
communicated in writing between the parties on or before April
30, 1993, the offer will be withdrawn I The date of thia
Contract ("Effective Date") will be the date when the last one
of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V I CLO~G DATE: .,tz'his transaction Shall be closed and the
deed and ~her closing papers delivered on or before June 1,
1993, unless extended by other provisions of Contract.
VI. RESTRICTIONS 1 EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 i
feet in width as to the aide lines, unless otherwise specified
herein) ; taxea for year ot clOSing and subsequent years;
assumed mortgages and purchaae money mortgages, if any;
provided, that there exists at closing no violation of the
'foregoing and none ot them prevents the use of Real Property
for residential purpose.
VIII OCCUPANCY: seller warrants that there are no parties in
occupancy other than seller, but if Real Property 1s intended
to be rented or occupied beyond clOSing, the fact and terms
thereof Shall be stated herein, and the tenant(s) or occupants
diaclosed pursuant to Standard D. seller agrees to deliver
occupancy of Real Property at t1me of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Real Property from date of
,
4 0;-' .2 ;-':: ::);-' S 5 H P 1- CI: .~I:, l:::: l -~ .....
CITY ATTORNEY'S OFFICE TEL No. - . - -
...
occupancy, shall be responsible and liable for maintenance from
1 that date, and shall be deemed to have accepted Real Property
in their existing condition as of time of taking occupancy
I unless otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
i handwritten provisions shall control all printed provisions of
I Contract in conflict with them.
.-
I
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Ev1dence ot Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an ownerts policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or quali.t1catlcn set. forth in this
agreement and those which Shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this contract. Marketable title shall be determi ned
according to applicable t1tle standards adopted by authority of
The Florida Bar and in accordance with law. If title is found
detective, Buyer shall not1fy Seller in writing sp~cifying
defect(a). If the detect(s) render title unmarketable, Seller
will hav~n. hundred twenty (120) days from receipt of notice
within wh h to remove the defect(s), failing which Buyer Shall
have the option of either accepting the title as it then is or
demandinq a refund of deposit(&) paid which shall immediately
be returned to Buyer; thereupon Buyer and Seller Shall release
one another of all further obligations under the aqreement.
Seller will, 1f title Ie found unmarketable, use diligent
effort to correct defect(s) in title within the time provided
therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property eu.rveyed and certified by a registered
Florida aurveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
.on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
c. %ngre.. and !gre..: Seller warrants and repre-
.ent. that there is inqres8 and egres8 to the real property
sufficient for the intended use as described herein, t1tle to
which is in accordance with Standard A.
o. Lea...: Seller shall, not less than fifteen
(15) days before closing, furnish to Buyer copies of all
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CITY ATTORNEY'S OFFICE TEL No. 40727:3 4755 Hpr 1):3:.'j:, ll~i:5':' r.~"':
written leases and estoppel letters trom each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security depoSits paid by tenant. If
I Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer ~ithin
that time period in the form of a Sellerls affidavit, and Buyer
may thereafter contact tenar.te to confirm such information.
Seller shall, at closing, deliver and assign all original
lea... to Buyer. -
E. Lien.: Seller shall turnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any f 1nancinq statements, claims of
lien or potential lienors known to Seller and further attestinq
that there have been no improvements or repairs to property for
ninety (90) da.ys immediately preceding date ot closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
.xecuted by all general contractors, subcontractors, suppliers, ,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such qeneral contractors, 8ubcon
tractor., supplier. and materialmen and further affirming that
all charges tor improvements or repairs which could serve as a
ba.i. for a mechanic' I!I lIne or a Claim for damages have been
paid or will be paid at closing.
F. Place of Clo.1nq; ClOSing shall be held in the
county where real property 1s located, at the office of the
attorne~or other c~sing agent designated by Buyer.
.......
G. !!!!: Time 1s of the essence of this agreement.
Time periods herein ot less than six (6) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 plm. of the next business day.
H. Documentl tor CIOlino: Seller shall furnish
deed, bill of .ale, mechanic's lien affidavit, assignments of
le..es, tenant and mortgagee estoppel letters, and corrective
in.truments. Buyer shall furnish ClOSing statement, mortgage,
mortgage note, security agreement, and financial statementa.
I. Ixpen...: Documentary stamps on the deed and
recording corrective instruments shall be pa1d by (S.~l~e~ ~ r.f....' _~.
. a..~ \.\.1\ ~~ .__
J. Prorationl) creditl: Taxes, a8sessment~~
interest, insurance and other expenses and revenue of property
Shall be prorated throuqh day before closing. Buy.r Shall have
the option to taking over any existing policies of insurance,
1t assumable, in which event premiums shall be prorated. Cash
at clo.ing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before clOSing. Advance rent and
_'2_
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40-;' .=. 7': 47'':" ':"' H P r I}:, ~i:, 1 ::: : :-.=. = - ~
CITY ATTORNEY'S OFFICE TEL ~~iJ. I . _ _
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..curity depo_lts will be credited to Buyer and escrow deposits
I held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current yearls tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's millage 1s not fixed, and current yearls assessments is
available, taxes will be prorated based upon such assessment
and the prior year's millage. If current yearts assessment is
not available, then taxes will be prorated on the prior yearls
tax. It there are completed improvements on real property by
January 1st of year of closing which improvements were not in
I existence on January 18t of the prior year then taxes shall be
prorated based upon the prior yearls millage and at an equit-
able assessment to be agreed upon between the parties, failing
wh1ch, request will be made to the county Property Appraiser
tor an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect i. in the closing statement.
K. Special A.....m.nt ~1.n.: certified, confirmed
and ratified special aases.ment liens as of date of closing
(and not a_ of Effective Date) are to be paid by Seller.
pending liens a. of date of closing shall be assumed by Buyer.
If the J.mprovement ha. been substantially completed as of
EffectIve Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amoun~equal to the last estimate of assessment
for the r.provement by the public body.
L. In.".otion, Repair and Maintenance: Seller
wailant8 that, .. of ten (10) days prior to closing, the
eei .~ roof (including the fascia and soffits) and exter.ior .
and in ~lor walls do not have any VISIBLE EVIDENCE of le~ks or-.4 I
water d~ and that the septic tank, pool, all/ major ...J.;j
appliance., eating, cooling, electrical, plumbing ~ystems and ;~
machinery are"!n WORICING CONDITION, Buyer may~/ at Buyer's {, ,\
expene., having i"epectione II\&de of those i~Y an appropri- . ~o /
ately Florida licen.e person dealing in he construction~
repaIr or ulntenancfi.. of those items d shall report in
writing to Seller .uch''i~ems that do t meet the above stan-
dards .. to defects together with t cost of correcting them,
prior to Buyer'S occupancy or..no ess than ten (10) days prior
to closing, whichever occur. st. Unless Buyer reports such
defect. within that time B r shall be deemed to have waived
Seller's warranties as t aefects not reported. If repairs or
replacement are requl , Seller shall pay up to three percent
(3%) of the purcha price for such repairs or replacements by
an appropriatel lorida licensed person selected by Seller.
If. the cost r such repairs or replacemen~ exceeds three
percent (3 of the purchase price, Buyer or Seller may elect
to pay exceS8, failinq which either party may, cancel this
agree nt. If Seller is unable to correct the defeCt~ prior to
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C I -n- fH TOR N E Y , S OFF ICE TEL No, 4 C~ ~ .:: -:'1 - :- :- ;-' ~.- _': ~. -:- _ . - - -. _ _
clo.ing, the cost thereof shall be paid into escrow at c;l.Qslnq.
Seller will;-bpon"_.t:~asonable notice, provide utl1it..ies service "
for inl!lpectionsl Be""tween..__~.~~ effectiv.~_._s1ate "and the closing, x...-I.,.-:.,
Seller shall maintain propertY'!nc-lud1f1q but not limited to the '
lawn and shrubbery, in th aitionherein warranted, ordinary I,
wear and tear exce . ~uyer shall be ~~rmitt.!!_d access ~or~
inspection operty pr~or to closing 1n order--.t-o.,.9.onfl.rm ~~
compl1.n with this standard, -'... _
M. R1.Jc of !.os.: It the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at Closing. If the cost of the
restoration exceeds three percent (3') of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3') or any insurance proceeds payable by
virtue of such 10.. or damage, or of cancelling the agreement
and receiving return of deposit(s),
N. .sc,ow: Any escrow agent ("Agent") receiving
fund. or equivalent i. authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject
to clearance, di.burse them in accordance with terms and
conditions of agreement. Failure of clearance of funds shall
not excuse Buyer'a performance. If in doubt as to Agent's
duties or liabilitie. under the provisions of agreement, Agent
may, at ~nt's option, continue to hold the subject matter of
the e.crow until the parties mutually agree to its disburse-
ment, or until a judgment of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit
with the clerk of the circuit Court having jurisdiction of the
dispute. Upon notifying all parties concerned of such action,
all liability on the part of Agent shall fully terminate,
except to the extent of accounting for any items previously
delivered out of escrow. If IS licensed real estate broker,
Agent will comply with proviSions of Chapter 475, F.S. (1987),
as amended. Any suit between Buyer and Seller where Agent is
made a party becau.. of acting as Agent hereunder, or in any
suit wherein Agent interpleads the subject matter of the
e.crow, Agent .hall recover reasonable attorney's fees and
co.ts incurred with the fees and costs to be charqed and
a.sessed a. court costs in favor of the prevailing party.
Partie. agree that Agent shall not be liable to any party or
person for mi.delivery to Buyer or Seller of items subject to
this escrow, unle.. such misdelivery is due to willful breach
of contract or gro.s negligence of Agent.
o. Attorney', Fee., COlts: In any litigation
ariSing out of this contract, the prevailing party in such
litigation which, for the purposes of this standard, shall
include Seller, Buyer, Listing Broker, and any subagents to the
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40~ .27..3: 4755 ~C' ". - ~- , -, . =
CITY ~TTQRNEY'S OFr_CE ~_ _ 1'10. ' . - , ~ - - - . .
I
,
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...
I Listing Broker, shall be entitled to recover reasonable
I attorney's fees and costs.
I
:
I P. Failure ot Performance: If Buyer fails to
perform this Contract within the time specified (including
payment of all depos1t(s)), the deposit(s) paid by Buyer may be
retained by or tor the account of Seller as agreed upon
liquidated damages, consideration for the execution of this
Contract and in full settlement of any claims; whereupon, Buyer
and Seller shall be relieved of all obligations under Contract;
or Seller, at Seller's option, may proceed in equity to enforce
Seller's rights under this Contract. If, for any reason other
than failure of Seller to make Sellerls title marketable after
diligent effort, Seller fails, neglects or refuses to perform
this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer'S c1eposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
Q. Agreement Not Recordable; Persons Bound; Notice:
Neither this agre.ment nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all I Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
. R. Conveyance: Seller shall convey title to the
real property by sta~utory warranty deed subject to an easement
for any ~liti.. that may exist and lie on the property.
s. Ot.her Agr.ement,; No prior or present agree-
ments or representations shall be b1ndinq upon Buyer or Seller
unl... included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
T. Warrant!e.: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclo..d to Buyer.
AUYER:
City of Delray Beach
By, Thoma. Lynch, Mayor
ATTEST: Approved as to Form:
City Clerk City Attorney
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~T~ .27,:: 4755 HP r:,= . ~;:- .
C:-y PTTCPNEY'S J~FIC~ -r'-i ~,!~ -
''''':. - :"14 ,_I . - - . . , . .
,
SELLER:
Dale i". oavi8
0~ 'J ~1'V':j
George T. Davis
~~; .
.
State ot ~..:;~:.:~t.4
County ot ~\~~~Jr~
The foregoinq instrument was acknowledged before me this
lU.)./lA.Q t'~ r I "i~.3 (date) by [');.~'...,; '1: U:,-,~....... .-
. (name ot person acknowledging), who 18 personally known to me
or who has produced K'YlOwtV
(type of identification) and who did (did not) tak8 an oath.
~111 f C ~C If.".".i
. .". S gnat re 0 Notary ublic
-'.... fJtI'f It, / S 1.... {i ~. r,"-/(A-'/ 'f l
I-I;. - ;.
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Print, Type or Stamp ~ame of
Notary Public
State of {ED/! (. " /1
County of +tA..L"?;,"";
The foregoing instrwaent was acknowledged before me this
,~1 7. / 9f.3 (date) by ~ff~ .;J. ~~
.
(name of per.on acknowledging), who is personally known to me
or who has produced kN()W'/
(type of identificatiOn) and who did (did not) take an oath.
~ ..I JS~
signet e of Notary Public
E€T~ S. /)o,d.lc>.J
Print, p. or Stamp Name of
Notary Public r-.'MtJV "u~';r: fuli-.-'" ,.d....:..~. (:"::."~
-7- ',",0 c.~r~."'.;~" ,.. - .:. . \. . ,. . "
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8M
SUBJECT: AGENDA ITEM # 10 E - MEETING OF APRIL 13. 1993
WAIVER OF CITY CODES/DELRAY AFFAIR
DATE: April 9, 1993
This item is before you grant waivers purusant to Section 30.15 of the
City's Code of Ordinances in conjunction with the Delray Affair.
While, I do not feel this is necessary, the waivers have been
advertised for public hearing and thus, this item has been agendaed
for disposition.
I
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Apr 08,93 '=1:1 i: r' 01'(
, - ...-
~
EITY DF DElHAY BEA[H t.. "
CITY ATTORNEY'S OFFICE zoo NW I~l AVFSLJE . DELRAY !lEACH. FLORIDA :13~ ,4
FACSIMILE 407/278.4755 W~~~.~'. b~~.a~ L~n_
(407) 243-7090
MEMORANDUM
.
Date: April 7, 1993
To: Ci ty Commission ..
From: David N. Tolces, Assistant City Attorn~
Subject: 1993 Delray Affair
In accordance with City code requirements, the City Commission
should take the following steps in order to allow the Chamber
of Commerce to conduct the Delray Affair on April 16, 17 and
18, 1993.
1- Grant the Chamber the sole authority to issue licenses to
individuals who wish to conduct temporary sales under
canopie8 and tents pursuant to LDR Section 2.4.6(H), on
Apr1l 16, 17 and 18, 1993.
. .....
2. Gr~ the Chamber a license to conduct sales in Worthing
Park pursuant to Code Section 101.25, on April 16, 17 and
18, 1993.
3. Grant approval to allow the Chamber to erect signs in
conjunction with the Delray Affair 1n medians and r1ghts-
of-way prior to the Delray Affair and on April 16, 17 and
18, 19931
4. Require the Chamber to provide sufficient liability
1nsurance naming the City as an additional insured.
All waivers are granted pursuant to the City Commission's
waiver authority under Section 30.15 of the City's Code of
Ordinances.
Here's to a successful Delray Affair.
DNT: sh
.rr.1r.dnt
.,
'" "
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
PROPOSAL FOR WAIVER OF CITY ORDINANCES
Pursuant to Section 30.1S(A), "Waivers of City Ordinances", NOTICE
IS HEREBY GIVEN that the City Commission of the City of Delray
Beach, Florida, will consider the following waiver for the DELRAY
AFFAIR which will be held in the City of Delray Beach, Florida, on
April 16, 17 and 18, 1993. This waiver will allow the event to
occur in an orderly manner.
Waive Section 4.6.7, "Signs", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, as it may apply to any signs erected in conjunction with
the Delray Affair. Rather than granting specific waivers, a
blanket waiver will allow for the display of a variety of signs,
including traffic and event signage.
A PUBLIC HEARING on the aforementioned waiver of the City's Code of
Ordinances will be held on Tuesday, April 13, 1993, at 7:00 p.m. ,
in the City Commission Chambers at City Hall, 100 N.W. lst Avenue,
Delray Beach, Florida.
Please be advised that if a person or persons decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such persons will need a
record of these proceedings, and for this purpose such persons may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. The City does not provide nor prepare such
record. Pursuant to F.S. 286.0l0S.
PUBLISH: Delray Beach News CITY OF DEL RAY BEACH
April 2, 1993 Alison MacGregor Harty
City Clerk
"
-
-
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Wr~t_r'. D~r_at L~n_
(407) 243-7090
MEMORANDUM
Date: February 18, 1993
To: Alison MacGregor Harty, City Clerk
From: David N. Tolces, Assistant City Attorne~ ~
Subject: Waivers for Delray Affair ~
~\) ~\
Please advertise by March 2, i993 the waivers for the Delray f 'It ~
Affair to be held on April 16, 17 and 18, 1993.
1. Waive Code Section 101.26 to allow the Chamber of Commerce ~.
to erect signs in Veteran's and Worthing Park on April 16,
17 and 18, 1993.
2. Waive Code Section 99.05(A)(19), "Noise Control", to allow
for entertainment sponsored by the Chamber to take place
in Veteran's Park on April 16, 17 and 18, 1993.
The waivers are authorized pursuant to Section 30.15 of the
City's Code of Ordinances.
Please place this item on the March 10, 1993 agenda.
DNT:sh
cc: David Harden, City Manager
affair-1.dnt
'f I""
,
" ~ To: Alison MacGregor Harty, City Clerk
Please advertise by February 13, 1993.
Thank you.
[ITY DF DELHAY BEA[H DNT
CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIt\lILE 407/278-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: February 1, 1993
To: city Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Waivers for Virginia Slims Tournament
The following is a list of waivers which should be granted
prior to the commencement of the Virginia Slims Tennis
Tournament March 1-7, 1993:
Waivers to:
Section 4.3.3(P) - Regarding provisions for satellite
dishes. There will likely be outdoor display of
~atellite dishes, not screened.
Section 4.6.7 - As it may apply to any signs erected
in conjunction with the tournament. Rather than
giving specific waivers, an overall waiver will allow
Liddun to display a variety of signs including
traffic and event signage.
Sections 99.04(A(1)(a) and (b) ; 99.04(A)(2) -
Regarding noise limitations. Outdoor loudspeakers
will be used during the day and early evening.
Section 4.6.6(C) regarding retail displays outside in
a public place. Several retailers will be on-site to
display and sell a variety of products.
These are blanket waivers which will allow for the event to
occur in an orderly manner.
If you have any questions, please call.
DNT: sh
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
vs-l. dnt
,
, .. CITY OF OELRAY BEACH~ ti
. .
Melllo
~ 7' DATE: ~/I/ /93
" TO: ~ h-L,-di.'L
FROM: O1Cj/5)~ IIc..Xy
SUBJ: wcu..<-~ fa' riJ/il./X_~ ;((J{vun.a/f)~
.
py -r - Q.JJZ<-cJ...u:( L.i ux.j ()
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CU:i:tuJui . k~r~ - -
Iv.a/W(~ C/Y) ~i23/93 .
t}JYl/
~~1/93
.,
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f'1
SUBJECT: AGENDA ITEM # /I)r - MEETING OF APRIL 13. 1993
ORDINANCE NO. 30-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 4.6.16 (F) (3),
"Irrigation Design Standards" to require the installation of rust
inhibiting systems with new irrigation systems (excluding single
family residents) and the use of rain sensing devices with all new
irrigation systems and modifications to existing systems.
The requirement for rust inhibiting systems was requested by the
Community Redevelopment Agency, in response to concerns over the
appearance of relatively new buildings which have been stained by well
water. The rain sensing devices are being added to the landscape
ordinance in response to water conservation measures recently mandated
by the South Florida Water Management District.
The Planning and Zoning Board at their March 15th meeting recommended
approval I subject to a minor change in language regarding the rust
inhibitor systems. That change has been incorporated into this
ordinance. A detailed staff report is attached as backup material for
this item.
At the March 23rd regular meeting, Ordinance No. 30-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 30-93 on second and final reading.
. f~5-0
,
.
,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
( fA )OJ-~ ~ D V~X-.J((l~
THRU: D~ J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUE~' PLANNER III~~~~~
SUBJECT: MEETING OF MARCH 23, 1993
FIRST READING, ORDINANCE AMENDING LDR SECTION
4.6.16(f)(3), IRRIGATION DESIGN STANDARDS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
Cityls Land Development Regulations ( LDRs) .
The affected Section is:
* 4.6.16(F)(3): Irriqation Design Standards
BACKGROUND:
This requested amendment adds new requirements to the irrigation
standards contained within the Cityls landscape ordinance. The
new requirements provide for the following:
1- The installation of rust inhibiting systems with new
irrigation systems (excluding single family), and
2. The use of rain sensing devices with all new
irrigation systems and modifications to existing
systems.
The requirement for rust inhibiting systems was requested by the
Community Redevelopment Agency, in response to concerns over the
appearance of relatively new buildings which have been stained
by well water. The rain sensing devices are being added to the
landscape ordinance in response to water conservation measures
recently mandated by the South Florida Water Management
District.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
,
City Commission Documentation
LDR Amendment re: Irrigation System Requirements
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board suggested a minor change
in the language regarding rust inhibitor systems, which has been
incorporated into the proposed ordinance. The Board then
forwarded the item with a recommendation of approval on a 6-0
vote (Felner absent). .
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCRUST.DOC
.
~
--- -- ------- .~ -- -~- ~--~
ORDINANCE NO. 30-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16,
"LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(F) (3),
"IRRIGATION DESIGN STANDARDS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE REQUIREMENTS FOR THE
USE OF RUST INHIBITOR EQUIPMENT AND RAIN SENSING
DEVICES FOR IRRIGATION SYSTEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
D~TE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape
Regulations", Subsection 4.6.16(F), "Irrigation Requirements",
Subparagraph (3), "Irrigation Design Standards", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(3) Irrigation Design Standards: The following
standards shall be considered the minimum requirements for
landscape irrigation design:
(a) All landscaped areas shall be provided with
an irrigation system, automatically
operated, to provide complete coverage of
all plant materials and grass to be
maintained. The source of water shall be
pursuant to Section 6.1.10(B) (5). The use
of recycled water is encouraged.
lEl All new installations of landscape
irriqation systems and substant~a1
modifications of existing irriqation systems
which use well water, excludinq sinq1e
family residences, shall install, operate
and maintain rust inhibitor equipment to
prevent staininq of structures and pavement.
(~~) Wherever feasible, sprinkler heads
irrigating lawns or other high water demand
landscape areas shall be circuited so they
are on a separate zone or zones from those
irrigating trees, shrubbery or other reduced
water requirement areas.
(id) Automatically controlled irrigation systems
shall be operated by an irrigation
controller that is capable of watering high
water requirement areas on a different
schedule from low water requirement areas.
,
-
(~e) Sprinkler heads shall be installed and
- maintained so as to minimize spray upon any
public access, sidewalk, street or other
non-pervious area.
(ef) The use of low trajectory spray nozzles is
- encouraged in order to reduce the effect of
wind velocity on the spray system.
(f~) The use of low volume or drip systems is
encouraged.
.
(~h) ^./tei~ri~l~~t/f~t//~~Lstnte/serisLn~//~ewLtes
- L~pt~Yes'/t~eLt/~.e/Ls/erii~nta~e~' All new
installations of landscape irrigation
systems, and modifications of existing
irrigation systems, shall be equipped with a
rain sensing device which will override the
irrigation cycle of the system when adequate
rainfall has occurred. Further, these rain
sensing devices must be operated and
maintained for the life of the irrigation
system.
(~i) The use of pop-up sprinkler heads is
- required -in the swale area between the
property line and the edge of pavement of
the adjacent right-of-way to minimize
pedestrian hazard.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 30-93
-
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: March 15, 1993
AGENDA ITEM: 111.0. LDR TEXT AMENDMENT RE RUST INHIBITOR
EQUIPMENT AND RAIN SENSING DEVICE FOR IRRIGATION
SYSTEMS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to bhe City Commission regarding a proposed
amendment to Section 4.6.16(F) of the LDRs, Irrigation
Design Standards. The changes contemplated in this
amendment includes:
. That all new development, except single family
residences, provide rust inhibitor equipment to
irrigation systems to help prevent discoloration of
structures and pavement.
* All new irrigation systems are to be equipped with a
rain sensing device.
BACKGROUND:
These text changes were initiated by different sources, but as
they both apply to landscape irrigation requirements, they are
being considered as one amendment. The background on each is
provided below.
Rust Inhibitor System
The proposal to require rust inhibitor equipment came about
during a discussion at the Community Redevelopment Agencyls
(CRA) January 14th meeting. The Board had concerns regarding a
decline in the appearance of relatively new buildings (Le.
Bud's Chicken and Griffin Gate) , due to the staining of the
structures and paving caused by rust in the irrigation systems.
The Planning and Zoning Department received a request from the
CRA on February 8th to amend the LDRs to include rust inhibitor
equipment in all irrigation systems which use well water,
excluding single family residences. It was also the Board's
wish that this requirement be applied to existing development as
part of the October 1993 landscape code compliance.
Rain Sensing Device
The addition of a rain sensing device to the irrigation system
is in response to certain mandatory requirements of the South
Florida Water Management District. Failure of the City to
comply with these mandatory water conservation elements could
result in the denial of future - Public Water Supply Water Use
Permits', which are needed to operate the public water supply
system.
,
p&Z Board Memorandum Staff Report
LDR Text Amendment
RE: Irrigation System Requirements
Page 2
ANALYSIS:
Rust Inhibitor System
Rust inhibitor systems are appropriate for use in conjunction
with irrigation systems which use water from a well as opposed
to treated (City provided) water. Well water tends to have a
high iron content that creates unsightly rust stains on walls of
buildings, driveways and sometimes plant materials.
.
Rust inhibitor systems use chemicals to reduce the amount of
iron. The cost to install such a system starts at about $350.00
and increases depending upon the size of the reservoir which
holds the chemicals. Maintenance costs include the purchase of
chemicals as needed.
While the use of rust inhibitor systems on new installations of
irrigation systems is appropriate, staff has concerns about
making such systems a retroactive requirement, to be enforced as
part of the 1993 landscape upgrades. Most of the landscape code
compliance notices have already been sent to the property
owners, with specific deficiencies noted. Many of those
property owners have begun to make the required improvements.
It would be inappropriate to go back to those owners with an
additional, new requirement that would be an added cost burden.
Rain Sensinq Device
Most automatic irrigation systems are set by a time clock which
runs the cycles accordingly, whether or not irrigation is
actually needed at that moment. Rain sensing devices override
the timed cycle of the irrigation system when adequate rainfall
has occurred, and conserve water which would otherwise be
wasted. The proposed amendment would apply to new systems and
to modifications to existing systems. The cost of the rain
sensing device on a new system is approximately $35.00, and
approximately $100.00 for the device and installation on an
existing system.
PROPOSED TEXT AMENDMENT:
Section 4.6.l6(F)(3) Irriqation Design Standards: The following
standards shall be considered the minimum requirements for
landscape irrigation design:
(a) All landscaped areas shall be provided with an
irrigation system, automatically operated, to prov ide
complete coverage of all plant materials and grass to
be maintained. The source of water shall be pursuant
to Sections 6.1.10(B)(5). The use of recycled water
is encouraged.
-
P&Z Board Memorandum Staff Report
LOR Text Amendment
RE: Irrigation System Requirements ~ ~~~~t~
Page 3 v1ls ',' ~ ~:tSte.MS. s, ti
'Yl~ta.\\o..,"Dns at \0. lOfL" \r( ~ 1M (t;t:cUTolls Of ~I ~ f\:5
(b) All new d~u"" 1 nplR9Rt. fiaviftfJ irrigation systems which
use well water, excluding single family residences,
shall install, operate and maintain rust inhibitor
equipment to prevent staining of structures and
pavement.
(iSc) Whenever feasible, sprinkler heads irrigating lawns
or other high water demand landscape areas shall be
circuited so they are on a separate zone or zones from
those irrigating trees, shrubbery or other reduced
water requirement areas.
(td) Automatically controlled irrigation systems shall be
opera ted by an irrigation controller that is capable
or watering high water requirement areas on a different
schedule from law water requirement areas.
(~e) Sprinkler heads shall be installed and maintained so
as to minimize spray upon any public access, sidewalk,
street or other non-previous ar~a.
(ef) The use of low trajectory spray nozzles is encouraged
in order to reduce the effect of wind velocity on the
spray system.
(tg) The use of low volume or drip systems is encouraged.
(~h) As tetKrillSlllS~1 tllSt I6llSlstllite serisIri~ ~eiItesll6~tllSie~1
tKeIt >>se Is eritllS>>ta~e~' All new installations of
landscape irrigation systems, and modifications of
existing irrigation systems, shall be equipped with a
rain sensing device which will override the irrigation
cycle of the iEH1~_Li.R system when adequate rainfall
has occurred. Further, these rain sensing devices
must be operated and maintained for the life of the
irrigation system.
(Ki) The use of pop-up sprinkler heads is required in the
swale area between the property line and the edge of
pavement of the adjacent right-of-way to minimize
pedestrian hazard.
RECOMMENDED ACTION:
By motion, forward the proposed text amendment as presented in
this staff report to the City Commission with a recommendation
of approval.
Attachments: * CRA letter requesting rust inhibitors
* Memo from Horticulturist Nancy Davila re:
rust inhibitor systems
* Memo from Assistant City Engineer Richard
Hasko to City Manager David Harden re: SFWMD
water conservation requirements
Report prepared by Janet Meeks
Report reviewed by:
JM/TXTIRRIG.DOC
.1
CD Community
Redevelopment
-a Agency
Delray Beach
February 4, 1993
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue .
Delray Beach, Florida 33444
Dear Dave:
At its regular meeting of January 14, 1993, the CRA Board requested that the City amend the
Land Development Regulations to include the following provision:
All irrigation systems within the City, except for single family residences, which are not
connected to the City water system shall include City approved rust inhibitor equipment
installed as part of the system.
It is our wish that this requirement also apply to existing development as a part of the landscape
code compliance procedures which come into in October 1993.
cc. David Kovacs, Planning & Zoning Director
207 E. Atlantic Avenue, Delray Beach. FL 33444 (407) 276-8640 / Fax (407) 276-8558
M E M 0 RAN DUM
To: Janet Meeks. Planner II
From: Nancy Davila. Horticulturist/Special Projects Coordinator
Re: RUST INHIBITOR SYSTEMS
Date: March 4. 1993
.
At your request. I am providing information on rust inhibitor systems for
landscape irrigation systems.
Rust inhibitor systems are often needed in conjunction with irrigation
systems whose source of water is from a well. This water may have a high
iron content that will stain any surfaces that it may touch. This leads to
unsightly rust stains on walls of buildings. driveways and sometimes even
the landscape plant materials themselves. While lawn grass can generally
outgrown the staining. shrubs and ground covers can't.
Much of the staining can be avoided by a properly designed and adjusted
irrigation system. Some overspray. due to the wind. however. is inevitable.
Some cities. Boca Raton. for one. now require the installation of a rust
inhibitor system for the installation of any new irrigation system that uses
well water as its source of water.
A rust inhibitor system is comprised of an injector pump that feeds the rust
inhibiting chemicals into the water that ultimately is dispersed by the
irrigation heads. The injector pump is connected connected via tubing to a
tank (resevoir) that holds the chemicals. The amount of chemical that is
needed depends on the parts per million (ppm) of the iron in the water. The
amount of chemical that is fed into the system can be adjusted accordingly.
The cost of a rust inhibitor system starts at about $350 dollars. The cost
would increase if a larger resevoir were desired. The system needs to be
checked regularly to ensure that the chemical has not run out. If it does.
building surfaces will quickly build-up rust deposits and need to be cleaned
with muriatic acid. The cost of the rust inhibiting chemical is roughly
$10.00 per gallon. How much will be used depends on how often the irrigation
system is run.
I would support the requirement for rust inhibitor systems on new
installations of irrigation systems. but would not support a retroactive
requirement. There has been some discussion regarding making this part of
the minimum landscape requirements for the October 1. 1993 landscape
upgrades. Most of the notices have already gone out to property owners.
indicating what is needed for compliance and believe me. they are upset
enough at the costs they will have to incur for improvements to the
landscaping.
.1
DEPARTMENT OF ENVIRONMENTAL SERVICES
M B M 0 RAN DUM
TOI DAVID T. HARDEN
CITY MANAGER .L'.
TURD: WILLIAM H. GREENWOOD Itl/W
DIRECTOR OF ENVIRONMENTAL SBRVICES
FROM: RICHARD C. BASKO, P.B. /Oti(
ASSISTANT CITY ENGINEE~-
.
DATE: JANUARY 13, 1993
SUBJECT a NEW WATER CONSERVATION REQUIREMENTS
- - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - -
Effective January 4, 1993, the South Florida Water Management
District requirements for application for a public water supply
water use permit will require information as outlined in
Appendices 1 and 2 to the Basis of Review for Water Use Permit
Applications. These appendices list new requirements for
issuance of the stated permit which include submittal of a water
conservation plan consisting of certain mandatory elements.
Among these elements are requirements for ordinances regulating:
1. Hour of irrigation ~
2. Xeriscape landscaping \
3. Conservation-based rate structure to reduce potable ~
demand ,
4. Use of low volume plumbing fixtures in new
construction
5. Rain sensor devices on new irrigation systems
Also required will be an analysis of feasibility of using
reclaimed water for irrigation (treated sewage effluent), and an
emergency water supply preparedness program.
I will coordinate with Planning & Zoning and the City Attorney's
office as to the adequacy of existing City Ordinances relating to
this issue and will advise you of the need for revisions or new
regulation necessary to accommodate the water conservation
requirements.
RCH:kt
----,
cc: Ralph E. Hayden, city Engineer .-~...
David Kovacs, Director of Planning , Zoning .'" r- . _"c- _ ~j
David Tolces, Assistant City Engineer I <' r. -.
Jerry Sanzone, Building & Insp. Adm/CBO ~~~.... ..~~ ,...~
. ,
File: Memos to David T. Harden, City Manager '\{ ".J'.."-
DHDHJ13.KT
\ -~-
\~.",
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # lOG - MEETING OF APRIL 13. 1993
ORDINANCE NO. 26-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 2.4.3 (D), "Preliminary
Engineering Plans", to include surface water (drainage) calculations
as a submission requirement of the site plan review process.
The purpose of this amendment is to formally include surface water
(drainage) calculations as a submission requirement of the site plan
review process. These calculations are necessary to ensure that
drainage systems, proposed in conjunction with development projects,
are adequate to handle anticipated runoff.
In addition to the drainage calculations, minor technical changes, as
recommended by Engineering staff, have also been included in this
amendment.
The Planning and Zoning Board at their March 15th meeting recommend
approval by a 5-1 vote (Currie dissenting; Felner absent). A detailed
staff report is attached as backup material for this item.
At the March 23rd regular meeting, Ordinance No. 26-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 26-93 on second and final reading.
.
".
-
.
.
-
~'~ ~\
L /,.~ I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~6AVID T. HARDEN, CITY MANAGER
'G~~~
THRU: DAVID J. KOVACS, DIREC OR
DEPARTMENT OF PLANNING AND ZONING
. (' {'
FROM: DIANE DOMINGUEZ, PLANNER III~b1J;'--l L~'LlAlrl1t( .
SUBJECT: MEETING OF MARCH 23, 1993 ~
FIRST READING, ORDINANCE AMENDING LDR SECTION 2.4.3,
SUBMISSION REQUIREMENTS, PART ( D) , PRELIMINARY
ENGINEERING PLANS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
Cityls Land Development Regulations ( LDRs) .
The affected Section is:
* 2.4.3(D): Preliminary Engineerinq Plans
BACKGROUND:
The purpose of this amendment is to formally include surface
water (drainage) calculations as a submission requirement of the
site plan review process. These calculations are necessary to
ensure that drainage systems proposed in conjunction with
development projects are adequate to handle anticipated runoff.
The calculations are listed as a requirement on the site plan
application itself, but are not included in the LDRs along with
other submission requirements. This amendment would identify
them as a code requirement.
In addition to the drainage calculations, minor technical
changes to this section have been suggested by Engineering
staff, and are included in the amendment.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
.,
-
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of March lS, 1993. The Board forwarded the item with a
recommendation of approval on a 5-1 vote (Currie dissenting;
FeIner absent).
RECOMMENDED ACTION: .
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCPE.DOC
.
--~- --~-
ORDINANCE NO. 26-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3,
"SUBMISSION REQUIREMENTS" , SUBSECTION 2.4.3 (D) ,
"PRELIMINARY ENGINEERING PLANS" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE
REQUIREMENTS ASSOCIATED WITH PRELIMINARY ENGINEERING
PLANS: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CT.iAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval:
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements" , Subsection 2.4.3(D), "Preliminary Engineering Plans" ,
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D) Preliminary Engineering Plans:
(1) Preliminary Engineering Plans shall provide
information and be in a format as required by Section
2.4.3 (B) , Standard Plan Items.
(2) Said plans shall be drawn on a topographic
base (unless the use of spot elevations are previously
approved by the City Engineer) with topographic
features extended to ten feet (10' ) beyond the site.
~t/t~//~a~f~a~e/feat~tes//s~th//as/wtllsi//t~t~si//a~d
swales'
(3) Said plans shall show the approximate
location as shown in records of Delray Beach and/or
field observations of all existing water, sewer, and
drainage facilities along with streets, sidewalks, and
above ground improvements which provide service to and
on the site. Notes shall state the disposition of all
existing facilities including service lines, meters,
etc.
(4 ) Said plans shall show the proposed location~
a~d sizing and desiqn basis of water, sewer, fire
suppression, and drainage facilities which are to
serve the site, includinq pertinent calculations, and
the method of providing service to the proposed
structures.
(5) Said plans shall show the method of
providing service to proposed structures.
(6 ) Said plans shall show the location of
proposed street lights and shall address the
responsibility for installation.
,
- _. - -_.~ --_._~- -----_._~_.__..- -.~-_._--
l2l Surface water management calculation
indicating the proposed system's ability to meet storm
water quality and quantity requirements in accordance
with SFWMD (South Florida Water Management District)
regulations.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision sh4ll not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this.ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 26-93
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: March 15, 1992
AGENDA ITEM: 111.0. LOR TEXT AMENDMENT RE: PRELIMINARY
ENGINEERING PLANS, SUBMISSION REQUIREMENTS
ITEM BEFORE THE BOARD:
.
The item before the Board is that of making a recommendation to
the City Commission on an amendment to L.D.R. Section 2.4.3,
Submission Requirements, part ( D) Preliminary Engineering Plans.
This amendment is being processed pursuant to L.D.R. Section
1.1.6, Amendments.
BACKGROUND:
Section 2.4.3 of the LDRs states the ,submission requirements
associated with the site plan review process. Listed among
those requirements is the provision of preliminary engineering
plans. Section 2.4.3(D) lists the information which must be
included on those plans, such as elevations and topographic
information, location of water, sewer and drainage facilities,
streets, sidewalks, etc. One requirement which is not listed,
but which is necessary to assess the adequacy of a proposed
projectls drainage system, is surface water calculations. The
calculations have been listed as a requirement on the site plan
application, however, they are not included in the LDRs along
with the other submission requirements. This ommission was
identified by the Engineering Departmentls representative on the
Technical Advisory Committee, during that Committee's recent
review of submission requirements. This amendment also includes
other minor technical changes relative to the preliminary
engineering plan requirements, which are included below.
PROPOSED TEXT AMENDMENT:
The submission of Preliminary Engineering Plans is addressed in
Section 2.4.3(D)(l-6). The changes requested from the
Engineering Department include:
(2) Said plans shall be drawn on a topographic base (unless
the use of spot elevations are previously approved by the City
Engineer) with topographic features extended to ten feet ( 10 ' )
beyond the site t/Jt tr6 RlibVa'lall!e teat\4telt _\4t)i a_ wallltl t\4t~1t1
aJill! _wale_'
(4 ) Said plans shall show the proposed location, sizing and
desiqn basis of water, sewer, fire suppression, and drainage
facilities which are to serve the site, including pertinent
calculations, and the method of providing service to the
proposed structures.
,
P & Z Staff Report
Text Amendment, Changes to Section 2.4.3(0),
Preliminary Engineering Plans
Page 2
ADD: (7 ) Surface water management calculation indicatinq the
proposed system's ability to meet storm water quality and
quantity requirements in accordance with SFWMD (South Florida
Water Manaqement District) regulations.
ANALYSIS:
These changes are mostly corrective in nature, intended to
clarify the requirements associated with preliminary engineering
plans. Drainage calculations have been required with site plans
for some time, but have not been specifically identified as such
in the LDRs. It is appropriate that they be included as a code
requirement.
RECOMMENDATION:
By motion, recommend approval of these proposed text changes to
L.D.R. Section 2.4.3(D), Preliminary Engineering Plans.
Attachment
* L.D.R. Section 2.4.3(0), Preliminary Engineering Plans
T:PREENGPZ.DOC
Section 2.4.3 (D)
(D) Preliminary Enqineerinq Plans:
( l) Preliminary Engineering Plans shall provide
information and be in a format as required by Section 2.4.3(B),
Standard Plan Items.
( 2 ) Said plans shall be drawn on a topographic base
(unless the use of spot elevations are previously approved by the
City Engineer) with topographic features extended to ten feet
(10') beyond the site t>r to man-made features such as walls,
curbs, and swales.
(3) Said plans shall show the approximate location as
shown in records of Delray Beach and/or field observations of all
existing water, sewer, and drainage facilities along with
streets, sidewalks, and above ground improvements which provide
service to and on the site. Notes shall state the disposition of
all existing facilities including service lines, meters, etc.
(4) Said plans shall show the proposed location and
sizing of water, sewer, fire suppression, and drainage facilities
which are to serve the site.
(5) Said plans shall show the method of providing
service to proposed structures.
(6) Said plans shall show. the location of proposed
street lights and shall address the responsibility for
installation.
(E) Traffic Statements and Studies: Whenever a land
plication, which will add use area or establish a new use w
wi increase traffic at the site by 500 or more trips pe day
(net T) is submitted, it shall be accompanied by a raffic
study.
exam tiona: Applications or land use
which do d a specified level of intensi as established
by the City Engine are exempt from having to ovide a traffic
statement or" a tra ic study. (Traffic mpact Thresholds
Standard) .
(2 ) Traffic ons: All other land use
applications shall be accompan a traffic statement which
establishes the anticipated The traffic statement shall
be in a form and format as by the City Engineer and
shall include the followin
TY. of use and intensity
tegorization by the ITE formula
used for establishing gross
2414
.1
..
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t9'Jt1
SUBJECT: AGENDA ITEM # 10 H - MEETING OF APRIL 13. 1993
ORDINANCE NO. 27-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 2.4.5 (I) (a) and (b) ,
"Architectural (Appearance) Elevations", to provide for specific
language requiring Site Plan Review and Appearance Board or Historic
Preservation Board approval of exterior color changes to structures or
elevations.
Prior to the adoption of the LDRs, the City Code contained
requirements regarding aesthetic review. The former Community
Appearance Board was tasked with reviewing every application for a
permit to erect a building, structure or sign, or to materially alter
an elevation. The phrase "materially alter" was interpreted to
include any changes to a building's color.
When the LDRs were adopted, the Community Appearance Board was
reorganized as the Site Plan Review and Appearance Board. The
applicable code sections were changed to read that SPRAB or HPB may
approve, approve subject to conditions, or deny architectural
elevations or plans for an exterior feature which requires a building
permit. The painting of a building does not require a permit;
however, Board approval of color changes has continued to be a
requirement.
The amendment specifies that SPRAB or the HPB, as appropriate, has the
authority to approve or deny changes in the exterior color of a
building or structure. The amendment also provides the authority for
the Chief Building Official to approve color changes that are not
significantly visible from a public street.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
At the March 23rd regular meeting, Ordinance No. 27-93 passed on first
reading by a 5-0 vote.
Recommend approval of Ordinance No. 27-93 on second and final reading.
S-a
.,
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,
.
''\ I
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /OAVID T. HARDEN, CITY MANAGER
( . ~
\~~J 'lJ~
THRU: DA ID J. VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
.
"\
\ < -
FROM: DIANE DOMINGUEZ, PLANNER II I ~ c\&, bj}:~,) ( J u.k
SUBJECT: MEETING OF MARCH 23, 1993 0 7
FIRST READING, ORDINANCE AMENDING LDR SECTION
2.4.5(1), ARCHITECTURAL (APPEARANCE) ELEVATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
Cityls Land Development Regulations ( LDRs) .
The affected Section is:
* 2.4.5(1) (a)&(b): Architectural (Appearance)
Elevations: Rules
BACKGROUND:
This proposed amendment would provide specific language in the
LDRs requiring Board approval of color changes to structures or
elevations. Exterior color changes have required Board approval
since the former Community Appearance Board was established in
1980, however, the language in the code has been somewhat vague
as to this requirement. This amendment would specify that the
Site Plan Review and Appearance Board ( SPRAB) , or the Historic
Preservation Board (HPB) as appropriate, has authority to
approve or deny changes in the exterior color of a building or
structure. Color changes that are not significantly visible
from a public street could be approved by the Chief Building
Official or his designee.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
.
City Commission Documentation
LDR Amendment Re: Preliminary Engineering Plans
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (Felner absent).
RECOMMENDED ACTION:
By motion, approval on f~rst reading.
Attachments:
* Ordinance by others
. P&Z Staff Report & Documentation of March 15, 1993
DD/ . DOC
,
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ORDINANCE NO. 27-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(I),
"ARCHITECTURAL (APPEARANCE) ELEVATIONS", SUBPARAGRAPH
(1), "RULES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE SPECIFIC LANGUAGE REQUIRING BOARD
APPROVAL OF A CHANGE IN EXTERIOR COLOR TO A BUILDING
OR STRUCTURE: PROVIDING A SAVING CLAUSE, A GENERAL
R~PEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", Subsection 2.4.5(I), "Architectural
(Appearance) Elevations", Subparagraph (1), "Rules", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(I) Architectural (Appearance) Elevations:
(11 Rules:
(a) The Site Plan Review and Appearance
Board or the Historic Preservation
Board, as appropriate, may approve,
approve subject to conditions, or deny
architectural elevations or plans for a
change in the exterior color ~
building or structure, or for any
exterior feature which requires a
building permit. Exceptions to this
rule include single family residences
which are not a part of a planned
residential community: or for any
development within the single family
zoning districts: or for items
maintained on a list of exempted items
promulgated by the Director.
(b) The Chief Building Official, or his
designee, is hereby delegated the
authority to approve, approve subject
to conditions, or deny any building
permit for the following items which
would otherwise be subject to (1) (a) ,
above, other than when such items are
associated with initial approval of a
development proposal subject to site
and development plan action:
- --- ---. ------
----- - -- ----~..__.__._._-_._--------- ------
Features and exterior color
chanqes which are not significantly
visible from the public street system,
facade changes which do not
significantly alter the style or image
of a structure, fences, walls, sheds,
gazebos, flagpoles, screen enclosures,
changes of roof material, changes of
roof color, public enclosures, site
lighting, awnings, canopies,
. construction trailers, decks, handrails
(balcony railings), permanent hurricane
shutters, changes in exterior wall
openings to accommodate or alter
overhead garage doors, doors, windows,
dumpster enclosures, and attendant lot
landscaping.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 27-93
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111.01 LOR TEXT AMENDMENT ADDING SPECIFIC
LANGUAGE REQUIRING SPRAB OR HPB REVIEW OF
EXTERIOR COLOR CHANGES
ITEM BEFORE THE BOARD:
.
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The amendment would include specific
language under Section 2.4.5 (I) , Architectural
(Appearance) Elevations, requiring SPRAB review for a
change in exterior color to a building or structure.
BACKGROUND:
Prior to the adoption of the LDRs in 1990, the City's code
requirements regarding aesthetic reviews stated the following:
"the Community Appearance Board is required to review every
application for a permit to erect a building, structure or sign,
or to materially alter an elevation" [REF: Section 152.39
(B)(I)]. The phrase "materially alter" was interpreted to
include any changes to a building's color. Exterior color
changes have been required to have Board approval since the CAB
was established (1980).
When the LDRs were revised in 1990, and the Community Appearance
Board was reorganized as SPRAB, the applicable section was
changed to read that SPRAB (or HPB, as appropriate) "may
approve, approve subject to conditions or deny architectural
elevations or plans for an exterior feature which requires a
building permit" [REF: Section 2.4.5(1)(1)(a)]. The painting of
a building does not require a building permit. Board approval
of color changes has continued to be a requirement, even though
the authority for the review is not spelled out.
The proposed amendment would provide specific language requiring
SPRAB or HPB approval of color changes to structures or
features. The amendment would allow for that authority to be
delegated to the Chief Building Official or his designee when
the proposed color change is not significantly visible from the
public street system.
PROPOSED TEXT AMENDMENT:
( I ) Architectural (Appearance) Elevations:
( 1) Rules:
(a) The Site Plan Review and Appearance Board or the
Historic Preservation Board, as appropriate, may
III.D.
.,
P&Z Memo Staff Report
LDR Amendment RE: Board Review of Color Changes
Page 2
approve, approve subject to conditions or deny
architectural elevations or plans for a change in
the exterior color of a building or structure, or
for an exterior feature which requires a building
permit. Exceptions to this rule include single
family residences which are not a part of a
planned residential community; or for any
developme.nt within the single family zoning
districts; or for items maintained on a list of
exempted items promulgated by the Director.
(b) The Chief Building Official, or his designee, is
hereby delegated the authority to approve,
approve subject to conditions, or deny any
building permit for the following items which
would otherwise be subject to (l)(a), above,
other than when such items are associated with
initial approval of a development proposal
subject to site and development plan action:
Features and exterior color changes which
are not significantly visible from the
public street system, facade changes which
do not significantly alter the style or
image of a structure, fences, walls, sheds,
gazebos, flagpoles, screen enclosures,
changes of roof material, changes of roof
color, public enclosures, site lighting,
awnings, canopies, construction trailers,
decks, handrails (balcony railings),
permanent hurricane shutters, changes in
exterior wall openings to accommodate or
alter overhead garage doors, doors, windows,
dumpster enclosures, and attendant lot
landscaping.
Recommended Action:
By motion, recommend to the City Commission approval of the text
amendment to Section 2.4.5(1) (1) (a) and (b) to add specific
language requiring Board approval of a change in exterior color
to a building or structure.
jcm/T:TXTCOLOR
Report prepared by: Janet Meeks, Planner II
Reviewed by DJK on: 3-\\-S~
. -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 .:&. - MEETING OF APRIL 13. 1993
ORDINANCE NO. 31-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 6.1.10 (B) (2) (d), "Fire
Protection Provisions", to bring the City's fire flow standards into
conformance with those currently accepted by the Insurance Service
Office.
This amendment is in response to changes in fire flow requirements
established by the Insurance Service Office. The new standards reduce
fire flow requirements for buildings with automatic sprinkler systems,
in order to encourage the use of such systems. Under the existing LDR
provisions, buildings with an automatic sprinkler system are
permitted to provide fire flow at 50% of the requirement for buildings
without a system. The proposed amendment would reduce that requirement
further. The effect of this change is to increase incentives for
developers to include automatic sprinkler systems in structures.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
At the March 23rd regular meeting, Ordinance No. 31-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 31-93 on second and final
reading.
-5,0
.
'I
~ .
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,
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L J"
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ T. HARDEN, CITY MANAGER
\ .
~Ym~
THRU: D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
. .-
t
FROM: DIANE DOMINGUEZ, PLANNER IIr~AlA1.tRl A)VJVt0
~ ' lJ' ~ ~I
SUBJECT: MEETING OF MARCH 23, 1993 /
FIRST READING, ORDINANCE AMENDING LDR ,.tECTION
6.1.10(B)(2)(d), MODIFYING FIRE FLOW REQUIREMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations ( LDRs) .
The affected Section is:
* 6.l.l0(B) (2) (d): Fire Protection Provisions
BACKGROUND:
This amendment is in response to changes in fire flow
requirements established by the Insurance Service Office ( I SO) .
The LDRs currently call for fire flow to be based on the 1980
ISO tables. The ISO's requirements have changed to provide
increased incentives for the use of automatic sprinkler systems.
It is appropriate to amend this section of the LDRs to reflect
those new regulations.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (FeIner absent).
.
.
City Commission Documentation
LDR Amendment re: Fire Flow Requirements
Page 2
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
.
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCFIRE.DOC
~
.~- ~..
ORDINANCE NO. 31-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.10, "WATER
SYSTEM" , SUBSECTION 6.1.10 (B) (2), "FIRE PROTECTION
PROVISIONS" , SUBPARAGRAPH (d) , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE FOR A NEW STANDARD
REGARDING FIRE FLOW REQUIREMENTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1. 6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 1 S I
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 6, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements", Sect~on
6.1.10, "Water System", Subsection 6.1.l0(B), "Design Standards",
Subparagraph 6.1.10(B)(2), "Fire Protection Provisions", Sub-
subparagraph (d), of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(d) Fire flow shall be based on the I~S0 most recent Insurance
Service Office (ISO) table for determining fire flow
requirements. A/ted~etL0~/0fllfLftl/petee~t/$~aII/~e/!~Lv~n
t0ItHel/te~~Lted//fLte/lfI0w/lf0tll~~LldL~~$lle~~Lpp~~!!wit~
t0~plete/A~t0~atLt/fLte//$ptL~Klet/pt0tettL0~/L~/latt0t~a~t~
wLt~/tHellappt0ptLate/MAtL~~all/'Lte/'t0tettL~~/IA$$0tLatL0n
stA~dAtd' Buildings which are protected throughout with
complete automatic fire sprinkler protection in accordance
with the appropriate National Fire Protection Association
Pamphlet 13 shall only be required to meet the flow
requirement within that standard. The Fire Chief may modify
fire flow requirements in consideration of unusual
circumstances or building features and process hazards.
Section 2. That should any section or provision of th~s
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'.
~
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111101 LOR AMENDMENT TO SECTION 611110(b)(2)(D)
MODIFYING REQUIREMENTS FOR FIRE FLOW.
ITEM BEFORE THE BOARD: .
The action requested of the Board is making a recommendation on
a proposed text amendment to Section 6.1.l0(B) (2) (d) of the
LDRs, regarding fire flow requirements.
BACKGROUND:
Fire flow requirements, as currently codified in the LDRs, are based
on the 1980 Insurance Service Office (ISO) table. Recently the ISO
updated their requirements, necessitating an amendment of the City's
LDRs.
The effect of this change will be to bring the City's fire flow
standards into conformance with those currently accepted by the ISO.
The new standards reduce fire flow requirements for fully
sprinklered buildings, in order to encourage the use of such
systems. Under the existing LDR provision, sprinklered buildings
are permitted to provide fire flow at 50% of the requirement for
unsprinklered buildings. The proposed amendment would reduce that
requirement further, in accordance with National Fire Protection
Association Pamphlet l3. The effect of this change will be to
increase incentives for developers to include sprinklers in
structures.
PROPOSED TEXT AMENDMENT:
The proposal, at this time, is to change LOR Section 6.1.10(B)(2)(d)
as follows:
(d) Fire flow shall be based on the IlSS most recent Insurance
Service Office (ISO) table for determining fire flow
requirements. A ted~etl~ft ~t tlttt peteeftt ~H.ZZ ~e fl~eft t~
tHe tef!tUted tlte tZ~w t~t >>~IZdlftf~ et!4lppefl wltH e~a\pZete
.~t~a\.tle tlte ~ptlftXZet pt~tettl~ft lft .te~td.ftte wltH tHe
.ppt~ptl.te Jf.tl~ft.Z rlte Pt~teetl~ft A~~~el.tl~ft ~t.ftd.td.
Buildings which are protected throughout with complete
automatic fire sprinkler protection in accordance with the
appropriate National Fire Protection Association Pamphlet 13
shall only be required to meet the flow requirement within that
standard. The Fire Chief may modify fire flow requirements in
consideration of unusual circumstances or building features
and process hazards.
III. D.
- . . .
P & Z Memorandum Staff Report
Meeting of March 15, 1993
LOR Text Amendment - Section 6.1.10(B)(2)(d)
Page 2
RECOMMENDED ACTION:
Recommend approval of a text amendment to LDR Section
6.1.l0(B)(2)(d) amending fire flow requirements; as described in
this report.
Attachments:
* Letter of request
.
Prepared by: Jeff Perkins, Planninq Technician I
Reviewed by DJK on: ~-'-\\~
'.
. - ~-~- - ----- ~---~-~--,_..~_._._.. - --. - -- . . - - - . . ~. ~
.-"~~Y~;;~~~~~.
'., --,"'~' ..-...'" -
"".
[ITY OF DELRAY BEA[H
. .
FIRE DEPARTMENT
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: MICHAEL D. CATO, DIVISION CHIEF
THRU : KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 18, 1993
SUBJECT: CHANGES TO L.D.R.'S RELATED TO FIRE FLOW
REQUIREMENTS
We recently authorized the use of the new Insurance Services
Office (ISO) method for determining fire flow requirements for
the Builders Square project. Utilizing the fire sprinkler demand
based on N.F.P.A. 13/231-C. The comparison, in this case,
demonstrated a 43% reduction in required fire flow. The 01"
.... ...4
method would have required-2,360 gpm, the new method 1,340 gpm_
The percent of change may vary from project to project, but th.,
new method should facilitate development as well as encourage 1. h c'
use of automatic sprinkler protection even when that pro tee t j. c ;;
might not be required by code.
Division Chief
MDCjckc
FIRF nEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLOR IDA .. ~. '.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl1
SUBJECT: AGENDA ITEM # /0 \f - MEETING OF APRIL 13. 1993
ORDINANCE NO. 29-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.10 "Automotive
Commercial (AC) District" , Subsections (G) and (H) , to provide for the
transfer of authority for waivers to certain District Regulations,
from the Planning and Zoning Board to the Site Plan Review and
Appearance Board.
The AC zoning district provides Supplemental District Regulations
regarding the screening and buffering of outside display areas, the
orientation of overhead door s , and the upgrading of ~ si te when a
building area is expanded. Along with these provisions are criteria
for the provision of waivers under certain limited circumstances. The
body given the authority for those waivers is the Planning and Zoning
Board. Requiring Planning and Zoning Board review of waiver requests
associated with a site plan involves an additional review process,
adding to the time and expense of processing a development
application. Staff believes that as these regulc.::ions involve
development standards and aesthetic consideration, not use issues, it
is appropriate to transfer the waiver authority to the Site Plan
Review and Appearance Board.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
At the March 23rd regular meeting, Ordinance No. 29-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 29-93 on second and final reading.
.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VIDT. HARDEN, CITY MANAGER
. t~YC)L{LK
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
.
FROM: DIANE DOMINGUEZ, PLANNER II ~
SUBJECT: MEETING OF MARCH 23, 1993
FIRST READING, ORDINANCE AMENDING LOR SECTION
4.4.10(G) AND (H) , AUTHORITY FOR WAIVERS IN THE AC
(AUTOMOTIVE COMMERCIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations ( LDRs) .
The affected Sections are:
* 4.4.10(G)(I)(b)&(c): Outside Display
* 4.4.10(G)(4)(a): Locational Restrictions
* 4.4.10(H)(3): Compliance Upon Expansion of Building Area
BACKGROUND:
This amendment will transfer authority for certain specific
waivers to regulations contained within the AC (Automotive
Commercial) zoning district, from the Planning and Zoning Board
to the Site Plan Review and Appearance Board ( SPRAB) . The
affected regulations involve development standards and not use
issues, and apply to projects requiring site plan review.
Requiring Planning and Zoning Board consideration of a waiver
request associated with a site plan involves an additional
review process that is not really necessary. This amendment
will allow those waivers to be considered by SPRAB concurrent
with that Board's review of the development plan. As with all
SPRAB actions, the waivers can be appealed by the City
Commission if desired.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
..
City Commission Documentation
LDR Amendment re: Authority for Waivers in AC District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (FeIner absent).
RECOMMENDED ACTION: .
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March l5, 1993
DO/CCWAIV.DOC
,
------
ORDINANCE NO. 29-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ~~ENDING CHAPTER 4, "ZONI~G
REGULATIONS" , SECTION 4 . 4 . 1 0 , "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTIONS (G) AND (H) , OF THE L.;ND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT
REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE
SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A
SJtvING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning a :--.c.
Zoning Board reviewed the subJect matter at its meeting of March ' -
i :) ,
1993, and has forwarded the.chang~ with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial
(AC) District", Subsection 4.4.10(G), "Supplemental Distnct
Regula tions" , Subparagraph (l) , "Outside Display", Sub-subparagraphs
(b) and (c) , of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply exce,)t
as modified and added to herein.
(1) Outside Display: Outside display areas for sale,
lease, or rental of vehicles shall be designed as follows:
(a) Such areas must be separated from a.' 1
~~
adJacent streets, asphalt, or vehicular use
areas by a hedge or berm at least three feet
high and trees planted at least 40 feet on
center. However, the hedge may be planted
at such a location that at least 24 inches
of the hedge is above the finished grade of
the adJacent parking area.
(b) Such areas must be separated from all
residential zoning districts, whether or not
separated by a street or alley, by a SiX
foot high, solid masonry wall With
decorative finished surfaces (e.g. , stuccoed
and capped) on both sides. Where the
display area is separated from residential
zoning districts by an arterial or collector
right-of-way, or under other singular
Circumstance, the wall may be waived by the
Planntn~/And/Z~fttn~//8~At. Site Plan Review
and Appearance Board concurrent with Site
plan approval action.
(c) The depth of the landscape strip between the
car display and the ultimate right-of-way
shall be as provided in Section 4.3.4(H) (6).
'.
---- .- --- -- ~ ~
-- .-- -- - ----
---~_. ---- - - ------ ---- ----- ------ - -- ------
(1) As an alternative to the s?ec~al
landscape setback provisions in Sect~on
4.3.4(H)(6}, for lots with a depth ~:'.
excess of 250 feet, the outdoor disFlay
area may be allowed to encroach ~nto
the required landscaped setback uF to
50%, so as to form a scalloped effect.
However, the total amount of green
space required along the right-of-way
may not be reduced. In no case may the
. car display area encroach closer than
ten feet to the ultimate right-of-way.
(2) Further, the 'lariritn~/ari~/Z0ritn~/ '~~ar~
Site Plan Review and Appearance Board
may waive or reduce the s~ec~al
lanascape setback provision on ex~st~ng
sites or for additions to exist~ng
sites where it can be demonstrated that
it is not feasible to comply due to
physical constraints on the site.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial
(AC) District", Subsection 4.4.10(G), "Supplemental District
Regulations", Subparagraph (4), "Locational Restrictions",
Sub-subparagraph (a), of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(4) Locational Restrictions:
(a) Repair facilities and paint and body shops shall
be located at least 100 feet from any
residentially-zoned lot. Service bay doors shall
not be oriented toward any adJacent
residentially-zoned property, except where
currently existing, nor oriented toward a~"
adJacent public street unless it can be
demonstrated to the 'lanritn~/arid//Z0ntn~/1~0at.
Site Plan Review and Appearance Board that it 1S
not feasible to comply.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial
(AC) District", Subsection 4.4.10lH}, "Special Regulations",
Subparagraph (3), "Compliance Upon Expansion of Building Area", of
the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(3) Compliance Upon Expansion of Building Area: When
there is not a change of use, but there is an expansion of
building area and such expansion involves an increase 1n
total floor area of 30%, or greater, in a cumulatlve
amount, than that which existed as of April 14, 1987, the
entire site shall be brought into compliance with the
standards and supplemental regulations of this Section. If
such expanSion 1S less than 30%, the standards and deSign
portions of the supplemental regulations shall apply only
to that port1on of the site which is adjacent to and
required to be improved to comply with landscape and
parking requirements made necessary by the addition. This
provision for total site upgrading may be waived by the
'lanritn~/and/Z0ntri~/!~atd Site Plan Review and Appearance
Board in instances where because of the small size of the
strUCture in relationship to the totality of the site, the
upgrade is infeasible or impractical.
- 2 - Ord. No. 29-93
,
---------- ---- ------ - --------- ---------------- -
--. -- ----.-
Section 4. That should any section or provis~on of t:-t:s
ordinance or any portion thereof, any paragraph, sentence or word :::e
declared by a court of competent Jurisdiction to be invalid, suc:-t
decision shall not affect the validity of the remainder hereof 3S 3
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinar.ces
which are in conflict herewith are hereby repealed.
~ection 6. That this ordinance shall become effectl":e
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and : 1:'.3 L
reading on this the day of , 1993.
M A '{ 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 29-93
"
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111101 LOR TEXT AMENDMENT TRANSFERRING AUTHORITY
FOR WAIVERS TO CERTAIN Ac (AUTOMOTIVE COMMERCIAL)
DISTRICT REGULATIONS, FROM THE PLANNING AND
ZONING BOARD TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD
.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a
proposed text amendment change to the LDRs. The change
would formally transfer authority for waivers to particular
AC Supplemental and Special District Regulations from the
Planning and Zoning Board, to the Site Plan Review and
Appearance Board (SPRAB).
BACKGROUND:
The Automotive Commercial zoning district provides Supplemental
District Regulations regarding the screening and buffering of
outside display areas [REF: Section 4.4.l0(G)(1)(b) and (c)(I)
and (2) ] and the orientation of overhead doors [Section
4.4.10(G)(4)(a)], as well as Special Regulations requiring the
upgrading of a site in association with an expansion of building
area [4.4.10(H)(3)]. These regulations contain provisions for
waivers under certain limited circumstances. The body given the
authority for those waivers is the Planning and Zoning Board.
There are many cases in which these regulations would apply to
development proposals which would otherwise be going through the
site plan approval process only. Requiring Planning and Zoning
Board review of a waiver request associated with a site plan
involves an additional review process, adding to the time and
expense in processing a development application. As these
regulations involve development standards and aesthetic
considerations, and not use issues, it is appropriate to
transfer the waiver authority to the Site Plan Review and
Appearance Board (SPRAB).
In brief, the proposed amendment would transfer to SPRAB the
authority to waive the following development standards:
* Requirement for a wall between outside display areas
and residential zoning districts, under circumstances such
as those in which the residential zone and the display area
are separated by an arterial or collector street;
III. D.
P&Z Board Memorandum Staff Report
LOR Text Amendment Re Change in Authority
for Waivers in AC Zoning District
Page 2
* Requirement for special landscape setback, to be applied
to existing sites only, where it is demonstrated that it is
not feasible to comply due to site constraints.
* Requirement to orient repair bay doors away from any
adjacent public street, when it is demonstrated that it is
not feasible to comply.
* Requirement to upgrade the entire site in conjunction
with a 30% or gteater expansion in building area, in
instances in which the size of the addition in relation to
the total site makes it infeasible or impractical to
comply.
The waivers would be acted upon concurrent with action on the
site plan. The Boardls decisions on waivers would be included
in the regular report to the City Commission regarding Board
actions, and would be subject to the Commission's appeal
authority.
PROPOSED TEXT AMENDMENT:
Section 414.10(G) (Supplemental District ReQulations)
( 1) Outside Di8play: Outside display areas for sale,
lease, or rental of vehicles shall be designed as follows:
(a) Such areas must be separated from all adjacent
streets, asphalt, or vehicular use areas by a hedge or
berm at least three feet high and trees planted at
least 40 feet on center. However, the hedge may be
planted at such a location that at least 24 inches of
the hedge is above the finished grade of the adjacent
parking area.
( b) Such areas must be separated from all residential
zoning districts, whether or not separated by a street
or alley, by a six-foot high, solid masonry wall with
decorative finished surfaces (e.g. , stuccoed and
capped) on both sides. Where the display area is
separated from residential zoning districts by an
arterial or collector right-of-way, or under other
singular circumstance, the wall may be waived by the
'1_'h\fJl~ 4Jltl ZeJllJl~ le_ttl Site Plan Review and
Appearance Board concurrent with site plan approval
action.
-- ----- ----- ------- -- -----
(c) The depth of the landscape strip between the car
display and the ultimate right-of-way shall be as
provided in Section 4.3.4(H)(6).
,
P&Z Board Memorandum Staff Report
LOR Text Amendment Re change in Authority
for Waivers in AC Zoning District
Page 3
( 1) As a alternative to the special landscape setback
provisions in Section 4.3.4(H)(6), for lots with
a depth in excess of 250 feet, the outdoor
display area may be allowed to encroach into the
required landscaped setback up to 50%, so as to
form a scalloped effect. However, the total
amount of green space required along the
right-of-way may not be reduced. In no case may
the car display area encroach closer than ten
feet to the ultimate right-of-way.
(2) Further, the Plaririlrii arid Z~rilrii 8~atd Site Plan
Review and Appearance Board may waive or reduce
the special landscape setback provision on
existing sites or for additions to existing sites
where it can be demonstrated that it is not
feasible to comply due to physical constraints on
the site.
(4) Locational Restrictions:
(a) Repair facilities and paint and body shops shall
be located at least 100 feet from any
residentially-zoned lot. Service bay doors shall
not be oriented toward any adjacent
residentially-zoned property, except where
currently existing, nor oriented toward any
adjacent public street unless it can be
demonstrated to the Plaririlri~ arid Z~rilri@f 8~atd
Site Plan Review and Appearance Board that it is
not feasible to comply.
Section 414110(8) (Special Regulations)
(3) Compliance upon Expansion of Building Area: When
there is not a change of use, but there is an expansion of
building area and such expansion involves an increase in total
floor area of 30%, or greater, in a cumulative amount, than that
which existed as of April 14, 1987, the entire site shall be
brought into compliance with the standards and supplemental
regulations of this Section. If such expansion is less than
30%, the standards and design portions of the supplemental
regulations shall apply only to that portion of the site which
is adjacent to and required to be improved to comply with
landscape and parking requirements made necessary by the
addition. This provision for total site upgrading may be waived
by the Plaririlri@f arid Z~rilrii 8~atd Site Plan Review and Appearance
Board in instances where because of the small size of the
structure in relationship to the totality of the site, the
upgrade is infeasible or impractical.
P&Z Board Memorandum Staff Report
LOR Text Amendment Re Change in Authority
for Waivers in AC Zoning District
Page 4
RECOMMENDED ACTION:
By motion, forward the proposed text amendment as presented in
this staff report to the City Commission with a recommendation
of approval.
.
Report prepared by Diane Dominguez '1 -\'\-~~
Report reviewed by David J. Kovacs on: ~~ .
/T:TXT4410.DOC
'.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER (1A.. !
SUBJECT: AGENDA ITEM # I~A - MEETING OF APRIL 13. 1993
ORDINANCE NO. 33-93
DATE: April 9, 1993
This is the first reading of an ordinance amending Chapter 36 of the
City's code to provide that service authorizations issued under a
continuing contract for a separate and distinct project which does not
exceed $10,000 (or involve an extension of time) may be entered into
by the City Manager without City Commission review, acceptance,
approval or separate award.
This ordinance addresses an issue raised by the Engineering Department
concerning service authorizations issued under continuing contracts.
In response, the City Attorney's office has drafted this ordinance for
Commission consideration.
Recommend approval of Ordinance No. 33-93 on first reading.
5-0
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.,
. ~llb i;~
ij
RECEIVED
t!TY DF DELRAY BEA[H "'AR 2 J J995
Cf r't MANAr.f:'o's nFFICE
TORNEY'S OFFICE
Writer's Direct Line
. (407) 243-7091
MEMORANDUM
DATE: March 19, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance Which Gives Approval Authority to City
Manager for Project Specific Service Authorizations
Under Continuing Contracts Which Do not Exceed
$10,000
This ordinance addresses issues raised by the Engineering
Department concerning service auth.orizations issued under
continuing contracts. The draft ordinance provides that
service authorizations issued under a continuing contract for a
separate and distinct project which does not exceed $10,000, or
modifications thereto, which do not exceed $10,000 for the
entire project (or involve an extension of time) do not require
City Commission approval.
By copy of this memorandum to David Harden, our office requests
that this ordinance be placed on an agenda for City Commission
approval.
,
/--. ,.
.>~~
/. 1 :
(~
SAR:ci
Attachment
cc David Harden, City Manager
William Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Director of Purchasing
signcm2. sar
"
-'~- ----. ---~-- -- ---'-' ._~ - ---.---. ---
ORDINANCE NO. 33-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", SUBHEADING "CHANGE ORDERS
AND CONTRACT MODIFICATIONS", SECTION 36.12, "CHANGE
ORDERS OR CONTRACT MODIFICATIONS: NONCONSTRUCTION",
SUBSECTION 36.12(B), AND SECTION 36.13, "CHANGE ORDERS
OR CONTRACT MODIFICATIONS: CONSTRUCTION CONTRACTS", TO
PRO~DE THAT SERVICE AUTHORIZATIONS UNDER A CONTINUING
CONTRACT WHICH REFER TO A SEPARATE AND DISTINCT PROJECT
UNDER $10,000 MAY BE ENTERED INTO BY THE CITY MANAGER
WITHOUT CITY COMMISSION REVIEW, ACCEPTANCE, APPROVAL OR
SEPARATE AWARD: PROVIDING A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City has entered into various general continuing
contracts for surveying services, engineering and other consulting
services all as approved by the City Commission: and
WHEREAS, the City from time to time authorizes service
authorizations for separate and distinct projects under the previously
awarded general continuing contracts: and
WHEREAS, the City desires to amend its ordinances to provide
that service authorizations issued pursuant to a continuing contract for
separate and distinct projects which do not exceed $10,000 nor involve
an extension of time do not require City Commission review, approval,
acceptance or separate award.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance: City Property
Transactions", Subheading "Change Orders and Contract Modifications",
Section 36.12, "Change Orders or Contract Modifications;
Nonconstruction", Subsection 36.12(B), of the Code of Ordinances of the
City of De1ray Beach, Florida, is hereby amended to read as follows:
(B) Where changes will increase the purchase
order or contract total over $10,000, the Purchasing
Director shall have the approval of the City
Commission. A service authorization issued pursuant to
a City Commission approved continuing services contract
for a separate and distinct project which does not
exceed $10,000 for the particular project may be
approved by the City Manaqer or his designee. Service
authorizations for separate and distinct projects which
exceed $10,000 require City Commission approval. Where
changes to a service authorization for a particular
project are made which will increase the total cost of
the particular project authorized by the initial
service authorization over $10,000, or involve an
extension of time, the service authorization shall be
approved by the City Commission.
Section 2. That Chapter 36, "Finance: City Property
Transactions", Subheading "Change Orders and Contract Modifications",
Section 36.13, "Change Orders or Contract Modifications: Construction
Contracts", of the Code of Ordinances of the City of Delray Beach.
Florida, is hereby amended by adding Subsection 36.13(CI to read as
follows:
I
~---- - --.-. -- --~- ----.. - --.-- ------~- ------~-
ill A service authorization issued pursuant to a
continuing contract for a separate and distinct project
which does not exceed $10,000, may be approved by the
City Manager or his.designee. Service authorizations
for separate and distinct projects which exceed $10,000
shall require City Commission approval. Where changes
to a service authorization for a particular project are
made which will increase the total cost of the
par~cular project authorized by the initial service
authorization over $10,000, or involve an extension of
time, the service authorization shall be approved by
the City Commission.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10 ) days after its passage on second and final reading.
PASSED AND ADOPTED in re<tular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 33-93
'.
.
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P'1'1
SUBJECT: AGENDA ITEM # 1~8- MEETING OF APRIL 13, 1993
ORDINANCE NO. 34-93 CLARIFYING THE SIGNATURE AUTHORITY OF
THE CITY MANAGER
DATE: APRIL 8, 1993
This is first reading of an ordinance amending Section 36.0l,
"Compliance with Standard Practice Instructions", of the Cityls code
to provide clarification that the City Manager or his designee may
execute certain contracts regarding the acquisition of personal
property, supplies, contractual services, change orders, service
authorizations and modifications thereof in instances where by
ordinance a public hearing or review, award, selection or approval by
the City Commission is not required.
Ordinance No. 34-93 simply clarifies the signature authority of the
City Manager.
Recommend approval of Ordinance No. 34-93 on first reading. If
passed, second reading and public hearing will take place on April 27,
1993.
5-0
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- ~I.'} (/~
,i-J ,;, ~
~
r~TY OF DELAAY REAtH
';~::: .~ . . ~*'J ....... ..
fORNEY'S OFFiCE
Writer's Direct Line
(407) 243-7091
MEMORANDUM
. RECEI \lED
DATE: March 19, 1993 AfAR 2 J 199j
TO: City Commission CITY MAN!lfYI)'
~ nf:F'f'E
FROM: Susan A. Ruby, Assistant City Attorney II"
SUBJECT: Ordinance Clarifying the Signature Authority of
the City Manager
This ordinance clarifies the signature authority of the City
Manager. The Charter permits the Manager to execute contracts
where the Commission delegates the authority by Charter,
Ordinance, Resolution, or Motion. The Ordinance seeks to make
clear that matters, acquisitions and contracts addressed in
Chapter 36 of the Cityls Code of Ordinances which do not
require City Commission review, approval, selection or award
and that do not require a public hearing, may be made binding
upon the City with the signature of the City Manager
By copy of this memorandum to David Harden, our office requests
that this 0 inance be placed on an agenda for City Commission
1
Attachment
cc David Harden, City Manager
William Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Director of Purchasing
signcm.sar
,
.
---- - -~---- -- ------ .-----.., -
---- ---- --~ ---~- ---- --
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not af fect the. validity of . the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 34-93
----~----- -~---- -~._------~._-- -- --- --
--_._-~---- --- ------" ---- -------~--~----- --
ORDINANCE NO. 34-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORrr~A, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE
WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING
THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A
NEW SUBSECTION 36.0l(B), TO PROVIDE CLARIFICATION THAT
THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN
CO~RACTS REGARDING THE ACQUISITION OF PERSONAL
PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE
ORDERS, SERVICE AUTHORIZATIONS AND MODIFICATIONS
THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC
HEARING OR REVIEW, AWARD, SELECTION OR APPROVAL BY THE
CITY COMMISSION IS NOT REQUIRED; PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Delray oeach, Section
4.04(h), provides that the City Manager has the power to o~gn contracts
on behalf of the City pursuant to provisions of the City Charter,
appropriation ordinances, and as authorized by ordinance, resolution or
by motion; and
WHEREAS, Section 36.02(N, (B) and (C) of the :ode of
Ordinances of the City of Delray Beach provides generally that 5upplies
or contractual acquisition of personal property or services of less than
ten thousand dollars ($10,000.00) do not require City Commission review
or approval; and
WHEREAS, Section 36.10 through Section 36.14 of the Code of
Ordinances of the City of Delray Beach sets forth the implementation
procedures for change orders, and contracts and modifications thereto
which do not require City Commission review, award or approval where
changes do not increase the total price over ten thousand dollars
( $1 0,000 . 00); and,
WHEREAS, the City Commission desires to clarify that the City
Manager or his designee may execute purchase orders and contracts for
the acquisition of personal property, supplies, and contractual services
and may execute change orders, service authorizations or contract
modifications which do not require a public hearing, City Commission
review, approval, selection or award, pursuant to the above named
ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property
Transactions", Subheading "City Purchasing", Section 36.01, "Compliance
With Standard Practice Instructions", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
Section 36.01 COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS
(A) The details of all city purchasing shall be
performed in accordance with the latest current revision of a
standard practice instruction as issued by the City Manager,
and as this reflects the requirements of the City Charter and
the current revision of the city's code.
~ The City Manager or his designee shall have the
authority to execute on behalf of the City, all purchase
orders, contracts, change orders, service authorizations or
modifications thereto when a public hearing, or approval,
review, selection or award by the Commission is not required
by this Chapter.
"
I
.~ -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~;;1
.. I
SUBJECT: AGENDA ITEM it I~~ - MEETING OF APRIL 13. 1993
ORDINANCE NO. 35-93
DATE: April 9, 1993
This is the first reading of an ordinance repealing provisions in the
Land Development Regulations concerning Storm Water Utility
Assessments and incorporating those provisions into Chapter 56 of the
Code of Ordinances.
The proposed ordinance eliminates the individual notice to property
owners unless individual notifications are required by Florida
Statute. The ordinance retains the public hearing process, but only
requires it to be advertised once, for the purpose of establishing a
budget, rates, preparing the assessment roll and certification and
adoption of the roll.
Additionally, it has been recommended that future annexation
applications and water service agreements contain a clause indicating
consent to the imposition of the stormwater management assessment.
This would alleviate the need for individual notices on the basis of
change of boundaries.
Recommend approval of Ordinance No. 35-93 on first reading.
S-a
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3~-4f
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 21:1 ',"\ "J .\VE~;l)E . DELRAY BEI,ell, FLORlDA 33444
i--\("-)I.\I!LE ~\J7'::~;S-475)
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 30, 199~
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Amendment to Stormwater Assessment Ordinances
Our office has prepared the attached draft ordinance which
repeals provisions in the LORis concerning Storm Water Utility
Assessments and incorporates the provisions into Chapter 56
governing stormwater assessments.
The ordinance eliminates the individual notice to property
owners unless individual notifications are required by F.S.
197.3632, where the non-advalorem assessment is levied for the
first time; the assessment is increased beyond the maximum rate
authorized by law or judicial decree, the boundaries have
changed unless the owners have provided written consent for
such assessment; or there is a change in the purpose or in the
use of the revenue generated by the assessment. The ordinance
retains the public hearing process, but only r~uires it to be
advertised once, for the purpose of establi ing a budget,
rates, preparing the assessment roll and the certification and
adoption of the roll.
Our office by written memorandum on August 7, 1992 informed
David Kovacs that annexation applications and water service
agreements should contain a clause indicating consent to the
imposition of the stormwater management assessment upon
annexation, which if implemented, should alleviate the need for
individual notices on the basis of change of boundaries.
By copy of this memorandum to David Harden, City Manager, our
office requests that this ordinance be placed on an upcoming
agenda f r City Commission approval.
Attachment
cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning and Zoning
Dick Hasko, Assistant City Engineer
'.
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It -- -_._----,- ~._--_._--
---. -
ORDINANCE NO. 35-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL
IMPLEMENTATION pItOGRAMS" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY
REPEALING SECTION 8.4.16, "STORMWATER MANAGEMENT
ASSESSMENTS" AND BY AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 56,
"STORMWATER", SECTION 56.19, "STORMWATER MANAGEMENT
JrSSESSMENT LIEN", BY RENAMING THE SECTION
"STORMWATER ASSESSMENT LIENS; ENFORCEMENT" , BY
AMENDING SECTION 56.19 (A) TO PROVIDE FOR
ENFORCEMENT OF DELINQUENT LIENS, BY AMENDING SECTION
56.21, "INTERIM METHOD OF COLLECTION" AND BY
AMENDING SECTION 56.22, "UNIFORM METHOD OF
COLLECTION" BY ADDING SUBSECTIONS E, F AND G TO
PROVIDE FOR THE PAYMENT AND COLLECTION OF
STORMWATER MANAGEMENT ASSESSMENTS UNDER THE INTERIM
AND UNIFORM METHOD OF COLLECTION RESPECTIVELY, BY
ENACTING A NEW SECTION 56.23, "STORMWATER ASSESSMENT
PROCESS", TO PROVIDE FOR A PUBLIC HEARING FOR THE
PURPOSE OF ESTABLISHING A BUDGET, ADOPTING RATES
AND FOR THE PREPARATION, CERTIFICATION AND ADOPTION
OF A STORMWATER ASSESSMENT ROLE, AND TO PROVIDE THAT
INDIVIDUAL NOTICES TO PROPERTY OWNERS ARE NOT
REQUIRED EXCEPT IN INSTANCES WHERE IT IS MANDATED BY
STATE LAW, AND BY RENUMBERING FORMER SECTIONS 56.23,
56.24, 56.25; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach codified certain sections
the stormwater assessment process in the Land Development Regulations
(LDRs) of the Code of Ordinances of the City of Delray Beach; and,
WHEREAS, the City of De1ray Beach desires to repeal Section
8.4.16 of the LDR's and recodify in part those sections in Chapter 56,
"Stormwater" to provide for uniformity wherein all Stormwater Assessment
Ordinances are contained in the same chapter of the City's Code of
Ordinances; and,
WHEREAS, the City Commission of the City of De1ray Beach
desires to re-establish the public hearing process to initiate the
budget, rates, assessment roll and certification and adoption thereof as
it pertains to the Stormwater Management Assessment; and,
WHEREAS, the City Commission desires to provide individual
notices to property owners (other than notices sent by the Tax Collector
pursuant to Fla. Stat. 197.3635) only in those circumstances required by
Florida Statute Section Section 197.3632(4).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
---- -- .-
-
Section 1. That Chapter 8, "Special Implementation Programs"
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended by repealing Section 8.4.16,
"Stormwater Management Assessments", in its entirety and recodifying
certain repealed provisions. as set forth herein.
Section 2. That Chapter 56, "Stormwater" is hereby amended by
amending Section 56.19, "Stormwater Management Assessment Lien", to read
as follows:
56.19 Stormwater Management Assessment Lien7; Enforcement.
.
(A) All stormwater management assessments assessed pursuant
to this chapter shall be a lien upon the property to which such
assessment relates from the first day of the year for which said
assessment is imposed until such assessment is paid. The owner of every
building, premise, lot or house shall be obligated to pay the stormwater
management assessments; ~ whteh-obitga~toft-may-be-eftforeed-by-the-etty
by-ae~toft-a~-iaw-or-satt-to-eftforee-~he-iteft-tft-the-same-maftfter-as-the
foreeiosare--of--mor~gages7 All delinquent Stormwater Manaqement
Assessment liens may be enforced at any time by the City at least thirty
(30) days subsequent to the date of the service of the notice of lien
for the amount due under such recorded liens, includinq all interest
charqes, plus costs and a reasonable attorney's fee by a proceedinq in a
court of law or equity to enforce or foreclose such liens in the manner
in which a mortgaqe lien is foreclosed under the laws of Florida, or the
collection and enforcement of payment thereof may be accomplished by any
other method authorized by law. It shall be lawful to 10in in any
complaint or foreclosure or any legal proceedings, anyone or more lots
or parcels of land that is the sub1ect of a lien or liens. 1ft - the
eYeft~-of-saeh-ae~toft;-the-et~y-shaii-be-eft~ttied-~o-reeoYer-aii-eoar~
eos~a - aftd- reaaoftabie - a~torftey- fees - for- saeh - eoiieettOft7 In the case
where a tenant in possession of any premises or buildings shall pay said
assessment, it shall relieve the land owner from such obligation and
lien; but the city shall not be required to look to any person
whatsoever other than the owner for the payment of such assessment. No
changes of ownership or occupation shall affect the application of this
chapter, and the failure of any owner to learn that he purchased
property against which a lien for stormwater management assessment
exists, shall in no way affect his or her responsibility for such
payment. In addition to the above, in the event the annual stormwater
management assessment is collected pursuant ot the uniform method of
collection, it shall be subject to all collection provisions of F.S.
Chapter 197, as amended and supplemented, including provisions relating
to discount for early payment, prepayment by installment method,
deferred payment, penalty for delinquent payment, and issuance and sale
of tax certificates and tax deeds for nonpayment, as provided by law.
Such stormwater management assessment is subject to becoming a lien
against homestead, as provided in Section 4, Article X, of the Florida
Constitution.
Section 3. That Chapter 56, "Stormwater" is hereby amended
by amending Section 56.21, "Interim Method of Collection", to read as
follows:
56.21 Interim Method of Collection
ill As soon as practicable after the enactment of this
chapter, the Director shall prepare a budget of operation for the year
2
ORD. NO. 35- 93
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- --..---
ending September 30, 1990, in conformity with the requirements of
Section 56.16. After rates for the stormwater management assessment
have been determined for such period, the Director of Finance shall,
based on information provided by the Director and the Palm Beach County
Property Appraiser, prepar~ and mail a billing statement to all owners
of property within the benefited area reflecting the annual stormwater
management assessment. Notwithstanding any provision in this chapter to
the contrary, to the extent that the uniform method of collection is not
available for the collection of stormwater management assessments with
respect to certain types of properties within the benefited area, the
city reserves the right to continue to use the interim method of
collection.'
(B) The owner and description of each parcel of real property
shall be that desiqnated on the real property records maintained by the
property appraiser.
(C) The Stormwater Manaqement assessments s ha 11 be due and
payable at the time set forth in the billinq statement. There shall be
no discounts for early payment pursuant to the Interim Method of
Collection. The Stormwater Manaqement Assessment shall become
delinquent if not fully paid within thirty ( 30) days of rendition. All
delinquent Stormwater Manaqement Assessments shall, until paid, bear an
interest charqe of 8 percent (8\) and a rebillinq charqe coverinq
administrative costs.
(D) The billinq statement under the Interim Method of
Collection shall contain a notice advisinq that the Stormwater
Manaqement Assessments imposed aqainst the owners of the real property
in the Benefitted Area thereof assessed shall constitute a lien aqainst
such property as of the first day of the fiscal year (or the da te of
enactment of Ordinance No. 21-90 with respect to the billinq statemen!,.
coverinq the period from the date of such enactment to September :!
1990) for which said assessment is imposed until such assessments a
paid, which lien until fully paid and discharqed or barred by law, shall
be prior to other liens except such assessment lien shall be on a parity
with the lien of State, County and City taxes and any liens for charqes
for services created pursuant to Section 159.17, Florida Statutes, as
amended and supplemented. Such notice shall further advise the owner
that failure to pay the Stormwater Manaqement Assessments in a timely
manner may result in a loss of title. The City may combine the amount
due from the date of enactment of Ordinance No. 21-90 to September
30,1990, in the billinq statement for the fiscal year beqinninq October
1, 1990.
(E) If any Stormwater Manaqement Assessments shall become
delinquent, the City shall cause to be prepared a notice of lien
containinq the amount of the delinquent Stormwater Manaqement Assessment
includinq imposed interest charqes and other costs, a leqal description
of the property and the name of the owner of such property. The City
may, after notice has been qiven. as described below, record such notice
of lien in the public records of the County. A copy of the notice of
lien shall be served on the owner of record as provided in Section
713.18 , Florida Statutes, as amended and supplemented, within ten ( 10)
days after the notice of lien is recorded.
(F) The notice shall be mailed on or about the 30th day after
the mailinq of the bi 11 inq statement. Such notice containinq a
statement as to the interest charqe and other costs and how the same
3
ORO. NO. 35-93
.
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-- ----. -- - --- .-
------
shall accrue and shall further advise the owner that a notice of lien
will be filed by the City against that parcel of real property.
However, if such Stormwater Management Assessment, together with any
interest charges and other costs, are received within ten (10) days of
such notice, then such notice of lien will not be filed.
Section 4. That Chapter 56, "Stormwater", is hereby amended
by amending Section 56.22, "Uniform Method of Collection", by enacting
subsections 56.22(E)(F) and (G) to read as follows:
56.22 Uniform Method of Collection
.
(E) The Stormwater Management Assessments shall be imposed
against the owners of all real property in the City, other than
non-assessed property and collected pursuant to the Uniform Method of
Collection for fiscal year commencing October 1, 1991. Thereafter, the
City will use the Uniform Method of Collection unless the City
determines that an other method of collecting stormwater management
assessments is in the best interest of the City.
(F) The owner and description of each parcel of real property
shall be that designated on the real property records maintained by the
property appraiser.
(G) The Stormwater Management Assessments shall be due and
payable at the time set forth in the notice of non-ad valorem
assessments prepared by the County Tax Collector. Stormwater
Managements Assessments collected pursuant to the Uniform Method of
Collection shall be sub1ect to all collection provisions of Chapter 197,
Florida Statutes, as amended and supplemented and as set forth in
Section 56.19.
Section 5. That Chapter 56, "Stormwater", is hereby amended
by enacting a new section 56.23, "Stormwater Assessment Process", to
read as follows:
56.23 Stormwater Assessment Process
(A) Public Hearing. The City shall hold a public hearing for
the following purposes in the order set forth below:
(1) Budget. Other than with respect to the initial budget
which shall be determined in the manner set forth in Section 56.16, to
adopt an operational budget for the System for each fiscal year to cover
the estimated costs of planning and constructinq additions, extensions
and improvements to the System; to cover the debt service reguirements
for any obligations issued by the City to finance or refinance
additions, extensions and improvements to the System; to establish
reserves for anticipated delinquent or uncollectible Stormwater
Manaqement Assessments; and to cover the cost of operation and
maintenance of the System.
(2) Rate Resolution. To adopt a rate resolution
incorporating a schedule of Stormwater Management Assessments, pursuant
to Section 56.16 upon the owners of all real property in the City, other
than non-assessed property. The rates established by the City each year
under the proviSions of the rate resolution shall be sufficient to
provide monies for the purposes described in paraqraph (A)(l). The City
shall not establish rates over and above the rates that are necessary to
4
ORD. NO. 3S - 9-:
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ff _-_-:c----=c-7:-- --C=--=-=C_-' __=c==-'=C-,______ - ------ ---
comply with the provisions of paragraph (A)(I) and the budgetary
reQUirements of any proceedings of the City heretofore or hereafter
adopted in connection with the issuance of any of its bonds, notes or
other evidence of indebtedness.
(3) Preparation of Stormwater Management Assessment Roll.
Based upon the proposed rate resolution, the City shall prepare a
Stormwater Management Assessment roll. Such Stormwater Management
Assessment roll shall contain a summary description of each parcel of
real property within the City on or before the first day of the fiscal
year for which the Stormwater Management Assessments are to be imposed,
the name and address of the owner of each parcel of real property, the
rate applicable to each parcel of real property as specified in the
proposed rate resolution and the amount of the Stormwater Management
Assessments applicable to each parcel of property subiect to the
Stormwater Management Assessments. The summary description of each
parcel of real property shall be in detail as to permit ready
identification of each parcel on the real property records. The
information specified above to be included in the Stormwater Management
Assessment roll shall conform to that maintained by the property
appraiser on the real property records.
(4) Certification and Adoption of Stormwater Management
Assessment Ro.l. The City shall review the Stormwater Management
Assessment roll to determine its conformity with the proposed rate
resolution. The City shall make such changes or additions as necessary
to conform such Stormwater Management Assessment roll with the proposed
rate resolution. If upon the completion of such review, the City shall
be satisfied that the Stormwater Management Assessment roll has been
prepared in conformity with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management
Assessment roll and certify that the Stormwater Management Assessment
roll is correct and proper and the is to be used in COllecting t'-
Stormwater Management Assessments. If no obiections are made by pers-
affected by the assessment roll at the public hearing, or if obiectiol.~
having been made, they shall be deemed insufficient by the City
Commission, the City Commission shall thereupon adopt the assessments as
shown by the assessment roll.
(5) Notice of Public Hearing. Notice of said public hearing
shall be publiShed in a newspaper of general circulation in the City, at
least twenty ( 20) days prior to the date set for the public hearing.
Proof of the publication shall be verified by affidavit of the publisher
of the newspaper and filed with the Clerk. The published notice shall
contain the name of the local governing board, geographic depiction of
the property subiect to the assessment, the proposed schedule of the
assessment, the fact that the assessment will be collected by the tax
collector, and a statement that all affected property owners have the
right to appear at the public hearing and the right to file written
ob1ections within twenty (20) days of the publication notice. Said
Public Hearing may be continued to a date certain without the neceSSity
of further newspaper advertisement. The City shall in addition, adopt
such resolutions and conduct such hearings after proper notice, all as
may be required under Chapter 197, Florida Statutes, as amended and
supplemented, when the assessment is made pursuant to the Uniform Method
of Collection.
5
ORD. NO. 35-93
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---- ,---- _."-~-_. - --- ,-- ----------.. ------------ ----
-~._-~--_.-
Section 6. That Chapter 56, "Stormwater", is hereby amended
by renumbering former Section 52.23, "Funding Sources", to Section
52.24, former Section 56.24, "Stormwater Management Enterprise Fund", to
Section 56.24, renumbering former Section 56.25, "Flooding; Liability"
to 56.26 and renumbering the index in front of Chapter 56 to include
said renumbering and to include any new section enacted pursuant to this
ordinance.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision sltall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 9. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD. NO. .35-93
.
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trt1
SUBJECT: AGENDA ITEM # I~D - MEETING OF APRIL 13, 1993
ORDINANCE NO. 36-93/REZONING PROPERTY FROM CBD TO CF
FOR MASTER PUMP STATION
DATE: APRIL 9, 1993
This is first reading of an ordinance which rezones property
presently zoned CBD (Central Business District) to CF (Community
Facilities) District to accommodate the construction of the
City's Master Booster Pump Station. The subject property is
located at the southwest corner of N.E. 4th Avenue and N.E. 3rd
Street.
The Master Pump Station is listed as a mandatory need in the
Comprehensive Plan. The facility at this location will replace
the station currently located at Veterans Park. This type of
facility is not listed as a permitted use in the CBD (Central
Business District); therefore, a change of zoning is required.
The most appropriate zoning district for the use is CF (Community
Facilities) .
The City Commission initiated this rezoning at its July 28, 1992,
meeting. On August 17, 1992, the Planning and Zoning Board
recommended approval of the rezoning. Formal action by the
Commission was then deferred until such time as the City actually
acquired the property. This was accomplished by action of the
Commission at the March 23, 1993, regular meeting. Hence, we are
now ready to proceed with rezoning of the property by ordinance.
Recommend approval of Ordinance No. 36-93 on first reading. If
passed, second reading and public hearing will be held on April
27, 1993.
. 5' ;,0
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- --,----.----- -. ------------~_.- ~-_._-
----"
ORDINANCE NO. 36-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF
(COMMUNITY FACILITIES) DISTRICT1 SAID LAND IS LOCATED
AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E.
3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN1 AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990~1 PROVIDING A GENERAL REPEALER CLAUSE1 PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
A portion of Block 90, L.R. Benjamin's Subdivision,
according to the Plat thereof recorded in Plat Book 12
at Page 18 of the Public Records of Palm Beach County,
Florida, and a portion of the Florida East Coast
Railway right-of-way as shown on Model Land Company's
Subdivision of Block 98, and that part of Block 90
lying east of the Florida East Coast Railway
right-of-way, Town of Delray Beach, Florida, according
to the plat thereof recorded in Plat Book 9 at Page 33
of the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Begin at the northeast corner of Lot 1, of said L.R.
Benjamin's Subdivision and run on an assumed bearing
of SOO 18'39"w. along the east line of Lots 1, 2 and 3
for 137 00 feet1 thence run N88 49'54"W. for 94.42
feet1 thence N09 45'36"E. along a line 50.00 feet
westerly of as measured at right angles to the west
lines of said Lots 1, 2 and 3 for 138.54 feet1 thence
S88 49'54"E. along the westerly extension of and north
line of said Lot I, L.R. Benjamin's Subdivision for a
distance of 71.67 feet to the Point of Beginning.
The subject property is located at the southwest
corner of N.E. 4th Avenue and N.E. 3rd Street, Delray
Beach, Florida.
The above-described parcel contains 0.26 acres of
land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.
."
4- ------- - - _. ---------.--.----- ---..---
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 36-93
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ITEM #1
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871
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /~ID T. HARDEN, CITY MANAGER
~~.)~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
,~u.t --nuLl..}.)
FROM: J, ET MEEKS, PLANNER II
SUBJECT: MEETING OF AUGUST 25, 1992
ORDINANCE REZONING 0.26 ACRES FROM CBD ( CENTRAL
BUSINESS TO CF (COMMUNITY FACILITY) FOR THE IN-LINE
MASTER PUMP STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance from CBD (Central
Business District) to CF (Community Facilities).
The property is located at the southwest corner of N.E. 4th
Avenue and N.E. 3rd Street.
BACKGROUND:
The City is currently negotiating the purchase of the subject
property for the construction of an In-Line Master Pump Station.
The master pump station is listed as a Mandatory need in the
Comprehensive Plan. The construction of this facility is needed
in order to accommodate new development based upon a level of
service standard deficiency.
This type of facility is not listed as a permitted use in the CBD
(Central Business District), therefore, a change of zone is
required. The most appropriate zoning designation for the use is
CF (Community Facilities). The City Commission initiated this
rezoning at its July 28, 1992 meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 17, 1992 and unanimously recommended approval of
the rezoning on a 5-0 vote (2 members absent).
-
City Commission Documentation
Rezone of property from CBD to CF for the Mater Pump Station
Page 2
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading to rezone
the subject property from CBD (Central Business District) to CF
(Community Facilities).
.
Attachment:
* P&Z Staff Report
.
PLANNING & ZONiNG BOARD
CITY OF DELRA Y B...ACH --- S . AFF REPORT ---
MEETINQ DATE: August 17 , 1992
AGENDA ITEM: IILB.4.
ITEM: Rezoning from CBD to CF for Master Booster Station Site,
Southwest Corner of N.E. 4th Avenue & N.E. 3rd Street
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GENERAL DATA:
Owner.........................City of Delray Beach, Florida
Agent.........................William H. Greenwood
Director, Environmental Services
Location......................Southwest corner of NE 4th Street
and NE 3rd Avenue.
Property Size.................O.26 Acres
City Land Use Plan............Commercial Core
Existing Zoning...............CBD (Central Business District)
Proposed Zoning...............CF (Community Facilities)
Adjacent Zoning........North: CBD
East: CBD
South: CBD
West: caD
Existing Land Use.............Vacant, with a semi-improved
parking area.
Proposed Improvement..........Relocate main booster station for
the City's sewer system.
Water Service.................Existing 16" water main along NE
3rd Street and an existing 2" line
along NE 4th Avenue.
Sewer Service.................Existing 36" and 24" sanitary IILB.4.
sewer force mains along NE 3rd
S~~~et.
-
I T E M B E FOR E THE BOARD:
The item before the Board is that of making a recommendation on a
proposed rezoning from CBD (Central Business Center) to CF
(Community Facilities).
The subject property is located at the southwest corner of N.E.
4th Avenue and N.E. 3rd Street and contains approximately 0.26
acres.
BACKGROUND:
The subject property was originally platted in 1923 as part of
the Model Land Company's subdivision. Lots 1,2 and 3 were
replatted in 1925 as part of the Benjamin's Subdivision. No other
development history has occurred on the site, except for an
off-site parking lot for the Elks Lodge located across N.E. 4th
Avenue.
The City is currently negotiating the purchase of the subject
property for the construc~lon of an in-line booster master pump
station. This pump station will eliminate the need for the
existing master lift station at Veteran's Park.
The City Commission initiated the change in zoning from CBD
(Central Business District) to CF (Community Facilities) at its
July 28, 1992 meeting. The petition is now before the board for
a recommendation.
D EVE LOP MEN T PRO P 0 S A L :
The development proposal is to remove the existing asphalt
and construct a 2,000 sq. ft. building. The building will
consist of a pump room, electrical room, emergency generator room
and a fuel storage area. A driveway will be provided from N.E.
3rd Street along with two parking spaces.
This type of facility is not listed as a permitted use in the CBO
zoning district, therefore, a change of zone is required. The
most appropriate zoing designation for the use is CP.
Z 0 N I N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findingl), prior to the
approval of development applicationl, certain findingl must
be made in a form which il part of the official record.
This may be achieved through information on the application,
the Staff Report or Minute.. Findingl shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four area..
"
P&Z Staff Report
Master Lift Statio.
page 2
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The subject property is currently zoned CBD. The proposed CF
district is a special purpose zone district primarily intended
for facilities which serve public and semi-public needs,
Pursuant to Section 4.4.21(B)(1), public utility facilities e.g.
lift stations are allowed as a permitted use.
The property has a Commercial Core Land Use Plan designation.
Pursuant to Section 4.4.21(A), the proposed zoning of CF
(Community Facilities) is deemed compatible with all land use
designations shown on the Future Land Use Map.
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.
The proposed facility is to operate mechanically, except for
routine maintenance. Therefore, the facility will not have an
impact on level of service standards.
Consistency: Compliance with the performance standards set forth
in Section 3.3.2, along with the required finding. in Section
2.4.S, shall be the basis upon which . finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency.
Section 3.3.2 Standards for Rezoninq Actions: The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
B) Performance Standard 3.3.2(D) states: That the rezone shall
result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and
proposed: or that if an incompatibility may occur, that
sufficient regulation. exist to properly mitigate adverse
impacts from the new us..
The surrounding zoning (north, south east and west) is CBD.
Directly west of the site is the FEC railroad, to the south is a
parking lot, to the north is industrial land use (sign company,
contractor) and to the east is a lodge.
The master pump station is to be enclosed in a concrete block
structure which will be heavily landscaped. Since the facility
will be operated mechanically there should be little or no
adverse impact on the surrounding land uses.
.
P&Z Staff Report
Master Lift Statio.
Page 3
Construction on this parcel will diminish off-street parking for
the Lodge by approximately 14 spaces. To our knowledge there is
no legal tie between the Lodge and this off-site parking area.
Since Lodge activities are normally conducted in the evening
(when abundant on-street parking is available), the rezoning (and
subsequest development) should not be detrimental to existing
land use.
Comprehensive Plan Policies: A review of objectives and policies
of the adopted Comprehensive Plan was conducted and the following
applicable policies are noted:
Capital Improvement Element:
Under the inventory section of the Capitai Improvement Element,
the Master Lift Station is categorized as a Mandatory need.
Mandatory needs must be met in order to accommodate new
development based upon a level of service standard deficiency.
Policy A-1.3 The C!ty shall continue to use revenue bonds funded
by the water and sewer fund in order to provide for the
reconstruction and upgrading of critical components of the water
and sewer systems.
Public Facility Element:
Objective C-2: Upgrading of current sewer collection facilities
shall occur on an accelerated schedule and shall be funded through
a utility revenue bond.
* Under the Requirement for Capital Improvement
Implementation, a revenue bond in the amount of $22,000,000
has been issued to meet the needs identified in the Public
Facilities Element. The master lift station conversion has
been allocated $1,500,000.
LOR Compliance: Pursuant to Section 2.4.5 (0)(1), a
justification statement providing the reason for which the change
is being sought must accompany all rezoning requests. The code
further identifies certain valid reasons for approving the change
being sought. The.e reasons include the following:
1. That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change in circum.tance which
makes the current zoning inappropriate;
3. That the reque.ted zoning is of similar inten.i ty as
allowed under the Future La.nd Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
!
P&Z Staff Report
Master Li ft Statil...
Page 4
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons:
A major criteria for the selection of the site, was that it be
located next to the 36" force main that leads to the South
Central Regional Plant. Three sites were selected which met
this criteria. Two of the sites were located in residential
areas, the third site which is located in the CBD zone district
was selected, as it would have the least impact on the
surrounding land uses. .
The applicable reason is "3" above, the requested zoning is based
upon circumstances particular to the site and/or neighborhood.
Also, that the CF zoning is of similar intensity as allowed under
the Future Land Use Map.
REVIEW a y o THE R S :
Community Redevelopment Agency:
At its meeting of August 6th, the Community Redevelopment Agency
reviewed the petition and unanimously recommended approval for the
subject property to be rezoned from CBD (Central Business
District) to CF (Community Facilities).
Neiqhborhood Notice:
Formal public notice has been provided to property owners within a
500 ft. radius of the subject property.
ASS E SSM E N T AND CON C L U S ION S :
The master lift station is listed as a mandatory need in the
Comprehensive Plan. The construction of the facility is needed in
order to accommodate new development based upon a level of
service standard deficiency. The subject property is the most
suitable location for the facility, however, the CaD zoning is
inappropriate for the proposed use. The requested zoning of CF
(Community Facility) is more appropriate based upon circumstances
particular to the site.
A L T ERN A T I V E ACT ION S :
A. Continue with direction.
B. Recommend that the City Commission approve the rezoning from
CBD (Central Business District) to CF (Community
Facilities).
C. Recommend denial with reasons stated.
.
. -
P&Z Staff Report
Master Li ft Static,._
Page 5
S T A F F R E COM MEN D A T ION :
By Motion, recommend that the City Commission approve the
rezoning from CBD (Central Business District) to CF (Community
Facilities).
.
Attachment:
* Location Map
-
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF APRIL 131 1993
l1.A.1. The City Manager stated the inquiries that he needed
to respond to concern the Catherine Strong Center. He has
corresponded with the County about some of the maintenance
deficiencies at the facility. To recap for everyone's
information the status of the leases affecting that facilitYI
the Catherine Strong Center is leased to Palm Beach County for
the purposes of operating a Head-Start center. They have had
the lease since prior to.1985. RecentlYI the lease was renewed
for a period of one year with automatic renewals for six
successive one year periods. We anticipate that at some time
during the term of the leasel Carver School will move and the
Head-Start program will most likely move into some of the
facilities now being used by Carver. The Center would then
become available to the City for programming in other ways. In
return for the lease that was recently negotiated with the
County 1 the 10 acres of property on which the Catherine Strong
Center sits, which is owned by Palm Beach County 1 has been
leased to the City for a 50 year period for recreational
purposes. EventuallYI the City expects to get the Center back
for a 50 year period and would have the opportunity to program
it for recreation purposes as has been anticipated in the
Comprehensive Plan and other documents.
11.A.2. Helen Coopersmithl 1222-0 South Drive Way, commented
that as the City is trying to get the Boys and Girls Club of
Palm Beach into the City, and there was talk about using the
Catherine Strong Centerj does this mean it can be used.
The City Manager responded the idea that has been
discussed is when the Head-Start moves out of the Catherine
Strong Center and the County lets the lease expire, then the
City can make the facility available to the Boys and Girls Club.
At this point the City does not know exactly when that will be.
Mayor Lynch interjected Head-Start is ready to move as soon as
the school is finished and the school moves out of Carver. It
is all contingent on the school.
l1.B.1. Jerry Marshall, Woodlake, stated the corner of
Linton Boulevard and Military Trail has a turning light going
left on to Military Trail which lasts long enough for about five
cars to go through. Generally there are about 14 or 15 cars
backed up. Is there any possibility of getting the light
adjusted so that it would give a longer time to make a turn,
going south on Military Trail from Linton Boulevard.
The City Manager responded this item will be taken up with
the County. The County has been fairly responsive in addressing
problems of this sort.
Mr. Randolph requested the Manager also have the County
check on the light at 10th and Atlantic Avenue.
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11. B. 2 . Rosalind Murray, Village Drive, stated she was
speaking on behalf of the citizens of WAPOA, who are very
concerned about the proposed changes that the Neighborhood Task
Team is going to be presenting to the Commission next week. She
is a member of the Task Team and feels strongly that some of the
changes proposed are going to effect people who have low incomes
and are disadvantaged disproportionately. She would hope the
Commission, when they have their workshop meeting next week,
sincerely review and give a lot of consideration to the people
in the neighborhoods who are worried about losing their
property. .
In response, the City Manager stated there is a heavy
agenda next week. He is looking at possibly moving the
Neighborhood Task Team item forward two weeks to the May
worksession.
11. B. 3. Jerry Marshall, Woodlake, stated on the question of
the "S" School, next Wednesday, April 21, 1993 at 6:00 P.M.,
the "S" School debate is going to take place at the School
Board. From what he gathers, there are two or more possible
locations for the "S" School. It is important that the City be
represented in number, at the meeting. He understands, Dr.
Alperin will be there. Perhaps, the Mayor should be there to
speak in favor of a location that will be the best for the City.
He thinks, Blood's is offering a piece of land as well as Dr.
Taharee. If the school is built on this property, the
possibili ty of getting housing built around the school, which
would make it a viable location for young families to move in.
It would also be a very big enhancement for the City. It would
create a whole new world in the City. It would break down
discrimination and segregation, because some kids could be
broken away from Pinegrove into School "S".
Also, the people who have been talking Delray Beach
down need to be challenged. Something needs to be done to start
talking about Delray as a very viable, All American City.
People did not want to corne down to the Tennis Center because
they were afraid of the of the neighborhood. It is an
unfortunate thing that this kind of reputation has spread all
way up to Tequesta and Jupiter. The neighborhood is perfectly
good, it's as good a neighborhood as any in the City. He thinks
we have to start doing a little propagandizing as to what kind
of City we have.
11.B.4 Dick Eckerley, Woodlake, stated he has another signal
light to be checked on Homewood Boulevard. Another thing he
would like checked, he heard yesterday that Atlantic Avenue,
which was supposed to go out for bids in June, is not going
until December. He thinks if the City persists that the County
could include a turn lane at Homewood, to alleviate the problem
of traffic backing up as it does at various times now.
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11.B.S. Verna Cook, President National Black Police
Association - Guardians of South Florida, stated she had several
item to address.
1. There was an article in the newspaper regarding a
$250.00 daily fine of a citizen who does not comply with City
code enforcement regulations. This is a financial burden to tax
payers. Even if $250.00 was a weekly fine, in one month a tax
payer would owe an additional $1,000.00 a month to their regular
budget. She requested, respectfully, that this not be assessed
to the citizens. She recommended that a smaller fine be
assessed. Additionally, 'it was recommended that the Commission
fine the drug dealers who are standing out on the corners
$250.00 a day.
2. Her organization submitted, approximately two
years ago, to the City Manager and the Commission a five year
plan for the police department. Some of the proposals of that
five year plan have been put into action. She hopes that the
rest are worked on. Six proposals were submitted to the City of
Delray Beach from the United States Department of Justice and
only one has been acted on. She requested that the other five
proposals be acted on.
11.B.6. Lashina Gurumo, 200 N.W. 2nd Street, stated there is a
drainage problem near Spady and N. W. 10th Avenue. Every time
there is a heavy rain, you can not get in your car. There was
water in the cars. This is right across from Spady.
In response to a question from Mayor Lynch, the City
Manager stated the drainage pipe which was installed did not go
any where and that is why it flooded in November and one other
time. He was under the impression that the last rain drained
because the retention area was put in, which is still being
dug-out. It is not finished yet, but water is flowing into it.
A connection has been made at the northeast corner of Pompey
Park, where the street had to be dug up to connect to lines so
that we would get drainage. The City Manager stated someone
would get in touch with Ms. Gurumo so that the exact location
could be figured out. The City Engineer was directed to speak
with Ms. Gurumo in order to get the information needed to
investigate her concern further.
11.B.7. Diana Brown, Sunrise, Florida, stated she was before
the Commission prior with some questions she thought the City
Manager would address. Since she has not received any response,
she is here on behalf of the Cooks. As of today I s date, the
matter between Officer James Cook and the City of Delray Beach
Police Department has not been resolved. She is here asking
that the matter is resolved and the City Commission issue a
directive to the the Chief of Police and the City Manager
requesting that this matter is resolved as soon as possible.
Mr. Cook has been out of work approximately 30 days, because he
cannot remember when he delivered a letter to the Chief of
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Police. Mr. Cook has a family, kids is college and needs to
work.
The City Manager responded Mr. Cook is being paid. He is
on leave with pay.
Ms. Brown stated Mr. Cook has to stay in the house. He
cannot go out.
The City Manager responded he is being paid and must remain
available. .
Ms. Brown stated she is asking that this matter be resolved
as soon as possible.
11.B.8. Arthur Jackel, 784 N.W. 25th Avenue, spoke with regard
to the image of the City. He was referring in particular to the
news article with regard to Pompey Park. A citizens group
charged that Pompey Park was not getting the proper attention.
He has known Joe Weldon for many years, he is a good man and
excellent administrator. There are some deficiencies which are
being taken care of. He felt that . the City Manager or
Commission should have responded to this issue. He requested
that the Commission come out with a statement defending the
handling of Pompey Park.
13 .A. 1. Dr. Alperin stated he did pick up Mr. Weldon's
response and not being at the meeting he did not feel he had a
concept or understanding of what happened there other than what
Mr. Weldon reported. In reading Mr. Weldon's response, he felt
that there was no need for him to come out and say anything. He
felt it was an excellent response.
13 .A. 2. Dr. Alperin stated he was curious about the people who
come out and represent organizations. He thinks the Commission
should know who they are. One that is stirring up some
interesting concern in the community is PEACE. He would like to
know who their members are and where they live. Credibility to
their complaints, in his mind, depends on who they are.
In response, Mrs. Smith stated she does know a little
about PEACE. It is a group which has been established up in
Riviera Beach. The Guardians are a part of it. They are also
heavily into church representation. They are trying to organize
in Delray Beach now. As far as she knows, there is no
organization, yet, in the City that is part of PEACE. It is
brand new and is coming from out of town.
13 .A. 3. Dr. Alperin stated the Commission should keep in mind
that Thursday is the South Central Regional Wastewater Treatment
and Disposal Board Meeting. His term as chairman is expired.
The Commission will need to keep in mind who will be appointed.
A representative from Boynton Beach will be chairman for the
next year and Delray will have the vice-chair position.
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13 .A. 4. Commissioner Smith asked if there will be another town
meeting. She stated it is a great way to get the public
involved away from the Chamber.
In response, the Mayor stated when it was originally
set up, it was his intention to hold a town meeting at least
once a year, possibly twice, depending on the need of the
Community. It can be looked at again, at a later date. During
the goal setting, might be an ideal time to let the community
know where the Commission is going and give some input at that
time or maybe before the ~rocess is finished.
13 .A. 5. Commissioner Ellingsworth stated one of the City's
previous Mayors, Marshall DeWitt, passed away last night. He
did not know if it was customary for the City to send some type
of recognition note to the family or "if there is a policy
concerning this. The consensus was to put something together
and have the Commission sign it.
13.A.6. Commissioner Randolph stated he felt the Commission
was placing too much emphasis on some the groups which come
before the Commission. He is more concerned about the people
who call him at his residence with very, very hateful comments.
But, he does not bring that before the Commission because he
deals with that.
13 .A. 7. The Mayor congratulated Jeff Kurtz again. Secondly,
he stated that with the Commission's approval he would like to
send a letter to Sam McGee, Delray Beach Center for Technology
Enterprise and Development, Inc. in support of Mr. McGee's
model block concept and proposed business incubator center. The
Commission consensus was to forward the letter.
13 .A. 8. The Mayor stated there is a program on government on
April 23rd and 24th at the Omni Hotel. This is the day the
Commission is supposed to paint a house. He will be
participating in the house painting. If anyone wants to go
there is still some room left. Contact Margo Roberts, Mayor of
South Palm Beach. Mayor Lynch has her telephone number.
13.B.1. The City Attorney, Susan Ruby, thanked the Commission
for appointing her as City Attorney.
13.C.1. The City Manager stated there were a couple of
inquiries at the last meeting that he wants to respond to.
1. The Commission already received in writing from
David Tolces a memo regarding billboards within the City.
Basically, he said that Atlantic Avenue, U.S. 1 and I-95 are all
federal primary highways, so they come under federal law which
would require the City to buy the billboards in order to remove
them. It would be very expensive. He had no idea Atlantic
Avenue was included in that group.
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2. The City Manager stated Dr. Alperin had raised a
question about two code enforcement liens, one in the amount of
$16,000 and one, $2,700. The first lien is a case that goes
back to a Board Order issued December 13, 1992. The property
owner was given 30 days to correct plumbing and building code
items. The Board assessed a fine of $200.00 per day. Final
action was recorded on March 9, 1993 for 83 days of
non-compliance. The house has since been abandoned and
foreclosed on by Great Western Bank. The lien was filed after
foreclosure had commenced; the City Attorney has advised a
release of this lien is appropriate in conjunction with the
foreclosure action. The second lien, goes back to a board order
of September 15, 1992; the owner was given 60 days to correct
building and plumbing code problems. The Board assessed a fine
of $25 a week. The lien was recorded on March 9, 1993 for 111
days of non-compliance. The owner has requested a re-hearing
which is scheduled for April 13, 1993.
13.C.2. The City Manager stated there has been a lot of
publicity about Pompey Park. Pompey, like a lot of the City1s
physical facilities, has been neglected over the years. He has
asked staff when the last time the tennis courts were resurfaced
out there. As far as staff can tell it has been approximately
12 years. The roof leaks at Pompey Park, the Community Center,
City Hall, the Police Department, and the Golf Course. He is
concerned about Pompey Park because it has been going on for a
long time and he is afraid that some of the beams supporting the
airconditioning systems could be weakened. He will be coming to
the Commission with something on that within the next few
weeks.
The pool is open and operating satisfactorily. The
Health Department has inspected the pool twice and found it to
be in compliance and safe. Staff is continu~ng to work towards
the resurfacing of the tennis courts and the basketball court.
Two questions have come up, the tennis players at Pompey Park
have pointed out that the space between the outside line of the
court and the fence is less than wha t USTA recommends. It is a
hazard if you are running to catch a ball that is close to the
line. There is a very short distance to stop before running
into the fence. Staff is looking at the possibility of
enlarging the tennis courts, also the two basketball courts to
make them more regulation size.
The other problem is the way the tennis and basketball
courts were constructedj they are absolutely flat, so water
stands on them which is part of the problem. The surface on the
basketball court in particular is deteriorated badly. Staff is
looking at what it would cost to put appropriate cross-slopes on
those facilities so that they will drain and stand up better in
the future. Engineering staff has come up with four
alternatives. The City Manager has asked them to pursue two of
those alternatives and to get them into shape to go out to bid.
He expects to have them at that point in two weeks. Money was
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put in the budget to resurface the courts, to do more than that
will cost additional money. He will be looking for that money.
13.C.3. The City Manager stated he would not be attending the
worksession on April 20, 1993. He and Chief Koen will be going
to the National Fire Academy in Emmitsburg, Maryland for a three
day training session on disaster management. The National Fire
Academy pays all the expenses, so there is very little expense
to the City. The City Manager and the Chief are required to go
together in order to gain admission to the training.
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