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11-03-92 Special/Workshop "' 0' j CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - NOVEMBER 3. 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA Please be advised that if a person decides to appeal any decision mad~ by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the Commission Chambers at 6 P.M. on Tuesday, November 3, 1992. This meeting has been called for the purpose of considering the following: /1. Appointment of Interim Commission Member to fill the unexpired term of Commissioner Andrews. ~,oco 2. Approve Change Order No. 2 to t contract with Tiger Construction Services Inc. in the amount of , to install fire hydrants in accordance with Insurance Service Office's request to improve the City's rating for Fire Insurance coverage; with funding from Water and Sewer - Water Mains (Account No. 441-5161-536-63.50). 3. Award of contract to Cushing Demolition in the amount of $28,800 for the demolition of 19 structures in conjunction with improvements at S.D. Spady Elementary School; with funding from Decade of Excellence (Account No. 225-3162-541-61.74). 4 . Authorize additional engineering services for the upgrade of a water main along S.W. 7th Avenue, in the amount of $1,750, under Service Authorization No. 3 to the contract with Michael B. Schorah and Associates with funding from Water and Sewer - Water Mains (Account No. 441-5161-536-63.50). /5. Authorization to host a golf tournament on Saturday, January 27, 1993 at the Municipal Golf Course to benefit the South County Boys and Girls Club. 6. Accept a settlement for the purchase of Parcel C, in conjunction with the Tennis Center/Stadium project. Ûi¿jIJ)1 Y!~ Æ~~ J/údty- Alison MacGregor arty . City Clerk · , City Commission Special/Workshop Meeting 11/3/92 WORKSHOP AGENDA ~ Presentation by the "I Have a Dream" Foundation. 2 . Overview of Comprehensive Plan Amendment 93-1. 1. Joint worksession with the Community Redevelopment Agency and j lanning and Zoning Board with regard to the Community Redevelopment Agency's Area Plan. RJ Proposed design for South 10th Street. G N.E. 8th Street Railroad Crossing Improvements. Lake Ida Road Median Design. G Commission Comments. -2- " CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL WORKSHOP MEETING - NOVEMBER 3. 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 7. AMENDMENT NO. 3 TO THE UDAG GRANT AGREEMENT/AUBURN TRACE: Approve an amendment to the UDAG Grant Agreement with Auburn Trace Joint Venture which changes the debt service amortization schedule to 50 years and invokes a penalty clause for late payment. , " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM liSP' - MEETING OF NOVEMBER 3, 1992 APPOINTMENT OF INTERIM COMMISSION MEMBER DATE: OCTOBER 30. 1992 Pursuant to direction received on August 18, 1992, notice of the City Commission vacancy created by Commissioner Andrews' resignation was advertised and solicitations of interest requested. A total of fifteen (15) applications were received from the individuals listed below. The letters of interest and resumes were previously provided; the names are listed alphabetically: Daniel H. Carter Judith A. Colvard Ken Ellingsworth I. Paul Friedman Anne M. Gannon Randee J. Golder Thomas S. Haenlon Leonard B. Mitchell Rosalind L. Murray Harry T. Reagan Kenneth S. Rubin David W. Schmidt Jeanette Slavin Nicholas Tullo (*not a registered voter in the City) Carolyn Zimmerman (*not a registered voter in the City) At the October 20, 1992, workshop meeting, the Commission established November 3, 1992, as the date for selection. Also at the October 20th meeting, the following names were mentioned for consideration, as follows: Leonard B. Mitchell (by Mr. Randolph) Ken Ellingsworth (by Mr. Mouw) Randee Golder (by Dr. Alperin) Recommend appointment of an interim City Commission member to fill the unexpired term of Commissioner Andrews (Seat #3). " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~y MANAGER SUBJECT: AGENDA I TEM is P ~ - MEETING OF NOVEMBER 4. 1992 CHANGE ORDER NO. 2/TIGER CONSTRUCTION SERVICES. INC. DATE: October 30, 1992 This item is before you to approve Change Order No. 2 to the contract with Tiger Construction Services Inc. in the amount of $29,300, plus a contingency amount of $2,700, for a total of $32,000; and which extends the contract completion date by 30 days to install fire hydrants in accordance with Insurance ServiceS Office's request to improve the City's rating for Fire Insurance coverage. Work includes tapping at mains, traffic maintenance and pavement restoration. Recommend approval of Change Order No. 2 to the contract with Tiger Construction Services Inc. in the amount of $32,000; with funding from Water and Sewer - Water Mains (Account No. 441-5161-536-63.50). c:J9 300- I ;{ 700 I 4135,000 , . CHANGE ORDER No. 2 Date October 30 , 19~ Project No. 92-15 Project Name: MacFarlane Drive Water Main rmprovpmpn~Q ~"~ Florida Blvn. ~p~pr Main Extension Owner: City of Delray Beach, Florida Contractor: Ti~er Construction Contract Date: July 20. 1992 . To: , Contractor You are directed to make the following changes in the subject contract: Install fire hydrants as indicated on Exhibit A which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Evaluation of the Insurance Services Office Field Representatives requirements. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $ 93,865.00 1 of 2 j, ~ . .., _. .- - ÇHANGE ORDER 41 .'. . 2. Net increase resulting from the change order: $ 32,000.00 3. Current contract price including this change order: $ 125,865.00 B. Contract Time l. Contract time prior to this change order: 75 days 2. Net increase resulting from this change order: 30 days 3. Current contract time including this change order: 105 days City of Delray Beach, Florida, OWNER By: .. Attest: - City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on , 19 . I understand that all the provisions of the Contract Document related to Project No. which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. Witness: , CONTRACTOR By: As to Contractor Title 2 of 2 . " . EXHIBIT 'A' l. Re-install one fire hydrant across from 151 N.W. 18th Avenue and add one f ire hydrant at the property line between the structures at 68 and 72 N. W. 18th Avenue. Existing 8 inch water main. 2. Install one additional fire hydrant at the N.E. corner of S.W. 10th street and 13th Avenue, and one additional fire hydrant at the N.E. corner of S.E. 10th street and 14th Avenue. Existing 6 inch water main. 3. Install one additional fire hydrant at the West property line of tile Municipal Golf Course site on Highland Avenue. Existing 6 inch water main. 4. Install one additional fire hydrant at the intersection of N.E. 3rd Avenue and N.E. 3rd street on the S.E. corner. Existing 16 inch water main. 5. Install one additional fire hydrant at 2515 North Federal Highway at the South driveway curb cut. Existing 12 inch water main. 6. Reinstall one fire hyrant at 200 South Ocean Boulevard. Existing 6 inch water main. -I"" ó'_-1~1 , .., n, - I "" -'I" J 0(.1'" -".1"" · - :J-~ ~ µa : ;JrtlYj d , [~T~ [g~ DrELRßY REß[H 92 OCT 21 P~1 I: 0 I \ \ ~ / nnE h[lJ)\UlMEN1' HE eEl V E 0 '-, ,-_-y M E M 0 RAN DUM TO: WILLIAM GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES FROM: KERRY B. KOEN FIRE CHIEF DATE: OCTOBER 19, 1992 SUBJECT: FIRE HYDRANT INSTALLATIONS As a result of last week I s site evaluation by Insurance Services Office Field Representatives, I believe that the following fire hydrant installations would be particularly helpful to have in place as the final grading is being completed. If these improvements to the system are made, especially those marked with an asterisk, by mid-November they could favorably impact the grading. All locations are served by existing mains of appropriate size. 1. Re-install one fire hydrant across from 151 N.W. 18th Avenue (*) and add one f ire hydrant at the property line between the structures at 68 and 72 N. W. 18th Avenue. Existing 8 inch water main. 2. Install one additional fire hydrant at the N.E. corner of S.W. 10th Street and 13th Avenue (*), and one additional fire hydrant at the N.E. corner of S.E. 10th Street and 14th Avenue. Existing 6 inch water main. 3. Install one additional fire hydrant at the West property line of the Municipal Golf Course site on Highland Avenue~ Existing 6 inch water main. 4. Install one additional fire hydrant at the intersection of N.E. 3rd Avenue and N.E. 3rd street on the S.E. corner. Existing 16 inch water main. 5. Install one additi~nal fire hydrant at 2515 North Federal Highway (*) at the South driveway curb cut. Existing 12 inch water main. I "" r 11 I'/\B t MLN., flEAI HHJAI1I HIS. 1(11 WL~; I ^ II J\f\I I u: /\ VI'f'1I11. ... II: I IIA Y IILA{~II. rI Oil I)1\ TI'It1., fllljf.J,1:¡ j:IIHI v I ¡,;( ,111// :!lì!, .lu['I' ., . William Greenwood October 19, 1992 Page -2- 6. Reinstall one fire hydrant at 200 South Ocean Boulevard. Existing 6 inch water main. These installations would eliminate noted deficiencies in both spacing (distribution) and available fire flows within specified distances of test sites. These modifications relate to . section 600 of the Municipal Grading Schedule. Atlas pages are included with requested locations noted. Modification to requested locations must be reviewed by both Fire and utilities due to spacing criteria which is somewhat restrictive. '¡(~ lS.\~ -., ---. -~. , Kerry B. Koen Fire Chief KBK/tw Attachments cc: David T. 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I I, 2'" J, 4 ~ ~ 29r--,jjU--~ ~ I / ~ :!I 't .... ' '. ~ '0...· '00' 100' 110' ISO'· ~~ . . . ~~ -<:: \ -/(;1, '.I' ~ · 8 1 6 5' lei;' , ,<:> ,(Bk.21 PG.'B51 ~ :1; 30· :1, I Q'! I I 4 \ - - CII Fax /I Fax 1/ ~iCWoæVi5K:a' INC. [TE 127 r FLORIDA 33467 Ijv/-433-8988 DATE . OCTOBER 28, 1992 . PROPOSAL FOR: VARIOUS FIRE HYDRANT INSTALLATIONS TO: CITY OF DELRAY BEACH, ENVIRONMENTAL SERVICES 434 S. SWINTON AVENUE SCOPE OF WORK: PROVIDE ALL NECESSARY LABOR, MATERIAL AND EQUIPMENT TO PERfORM THE FOLLOWING WORK - ITEM NO.1: RE-INSTALL 1 FIRE HYDRANT (NOTE 1) $ 2,575.00 ADD 1 FIRE HYDRANT W/ 8 X 6 T.S.& V. $ 3,850.00 ITEM NO.2: ADD 2 FIRE HYDRANTS W/ 6 X 6 T.S.& V. $ 6,600.00 ITEM NO.3: ADD 1 fIRE HYDRANT W/ 6 X 6 T.S.& V. $ 3/300.00 .- ITEM NO.4: ADD 1 FIRE HYDRANT WI 16 X 6 T.S.& V. $ 5,550.00 ITEM NO.5: ADD 1 fIRE HYDRANT WI 12 X 6 T.S.& V. $ 4,850.00 ITEM NO.6: RE-INSTALL 1 FIRE HYDRANT (NOTE 1) $ 2,575.00 TOTAL ITEMS NO. 1 - 6 $29,300.00 NOTE 1: RE-INSTALLATION UTILIZES EXISTING VALVE \ ALTERNATES: ALL NEW FIRE HYDRANTS INCLUDE TAPPING VALVE ONLY ADDITIONAL 6" VALVE IF REQUIRED - $ 450.00 COMMENTS : TRAFFIC CONTROL & RESTORATION ARE INCLUDED EXCLUSIONS: PERMITS, SUBMITTED BY: DATE: !O-)ß-?L T '. ,,' /1( c' (~;(/L ) [IT' DF DELRA' BEA[H 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 11-03-92 BID AWARD FOR DEMOLITION CONTRACT SPADY PROPERTY DATE: October 29, 1992 ACTION: City Commission is requested to approve a bid award to the low bidder, Thomas B. Cushing Demolition, in the amount of $28,800 for the demolition of 19 structures on property acquired under the Decade of Excellence Bond Fund - Spady Elementary Project. Commission is also requested to authorize borrowing of $20,000 from the Storm Water Utility fund to complete this project. Funding would be available in account # 225-3162-541.6l-74 "Spady Elementary School." BACKGROUND: A total of three bids were received for this project. Bid summary is attached. An asbestos survey has been completed for all properties. Asbestos was found only in the commercial structure. The asbestos will be removed under a separate contract at an estimated cost of $5,000. Quotes for the removal will be received on November 2, 1992. The balance in this project account is $13,600. A total of $20,000 is being requested from the Storm Water Utility to complete the demolition and asbestos removal. These funds will be repaid when we receive the School Board's share of the acquisition costs. RECOMMENDATION: Approve the bid as requested and authorize up to $20,000 be loaned to the project from the Storm Water utility fund. RAB:kwg Attachments THE EFFORT ALWAYS MATTERS ·5P,3. . · CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION DEMOLITION AND CLEARANCE BID INFORMATION SHEET BID NO: 92-80 APPLICANT: SPADY SCHOOL PROJECT PROJECT ADDRESS: DEMOLITION AND CLEARANCE DATE OF BID LETTERS: DATE OF BID OPENING: 10/13/92 NAME OF CONTRACTORS AMOUNT OF BID CUSHING DEMOLITION $ 28.800.00 K & K WRECKING CORP. $ 40.394.00 THOMAS B. GOODING DEMOLITION $ NO BID GUSTAVSON DEMOLITION, INC. $ 38,739.00 CONTRACTOR AWARDED CONTRACT: CUSHING DEMOLITION BID/CONTRACT AMOUNT: $ 28.800.00 COMMENTS: LOW BID - BIDFORM/PG2 , CITY Uy U~LKßl D~~~n 100 NORTHWEST 1ST AVENUE DELRAY BEACH, FLORIDA 33444 (407) 243-7280 LISTING FOR ATTACHMENT A DEMOLITION/CLEARANCE LEGAL DESCRIPTION STRUCTURES(S) TYPE STREET ADDRESS PROPERTY CONTROL # 12434608210001610 SUB 8-46-43 SE 1/4 OF E 1/4 OF CBS COMMERCIAL 400 NW 8TH AVE LOT 19 LESS S 25' CBS SINGLE FAMILY 401 NW 8TH AVE CBS DUPLEX 403-405 NW 8TH AVE " 407-409 NW 8TH AVE " 411-413 NW 8TH AVE CBS DUPLEX 415-417 NW 8TH AVE " 418-420 NW 8TH AVE " 414-416 NW 8TH AVE CBS DUPLEX 410-412 NW 8TH AVE " 406-408 NW 8TH AVE PROPERTY CONTROL # " 402-404 NW 8TH AVE 12434608210001630 SUB 8-46-43 N 50'OF S 75' OF CBS DUPLEX 815 NW 4TH ST W 140' OF SW 1/4 " 835 NW 4TH ST OF E 1/4 OF LOT 19 PROPERTY CONTROL # 12434608210001580 SUB 8-46-43 S 1/2 OF W 1/2 OF CBS SINGLE FAMILY 900 NW 4TH ST E 1/2 OF LOT 19 CBS DUPLEX 901 SHELLROCK #1&2 /LESS W 50' OF S " 901 SHELLROCK #3&4 ISO' & E 75'/ PROPERTY CONTROL # 12434608210001680 SUB 8-46-43 W 50' OF S l50' OF WOOD FRAME DUPLEX 900 NW 4TH ST S 1/2 OF W 1/4 OF E l/2 OF LOT 19 PROPERTY CONTROL # 12434608210001640 SUB 8-46-43 N 110' OF W 165' OF 2 / CBS STRUCTURE 810 LAKE IDA RD SW SW 1/4 OF E 1/4 OF LOT 19 PROPERTY CONTROL # 12434608210001650 SUB 8-46-43 N 50' OF S 225 ' OF CBS SINGLE FAMILY 806 LAKE IDA RD SW 1/4 OF E 1/4 OF LOT 19 , <, , · M E M 0 RAN DUM October 28, 1992 To: Bob Barcinski, Assistant City Manager From: Dorothy Ellington, CD coordinator19 ~ Thru: Lula Butler, Community Improvement Director~ Subject: Progress Report/Spady School Demolition It is my understanding that you will need to request from Commission a source of funding for the demolition and clearance of the Spady School project. This is to provide you with an estimated cost for the project and to report the progress so far. The Bids for demolition of the property were received on 10/13/92. Low bidder was Cushing Demolition at $28,800 which does not include asbestos and tire removal. A summary of the other bids received is attached along with all available information on Bid number 92-80 (demolition). Be advised that we are keeping no copies of these documents for our records. We received a preliminary report from the Asbestos Survey (Entek Environmental Services) indicating that there is asbestos in the commercial building requiring removal prior to demolition. We should receive the final report on Friday 10/30. The survey has been requisitioned at a cost of $4,500. Bids were requested for abatement of Asbestos from 3 licensed contractors - Best-tec, Action Systems and Clean Air Systems. We expect bids by Noon Monday ll/2/92. We are not sure what this procedure will cost since we have not had asbestos removed before on a building this size. However the costs should not exceed $4,500, the cost of the survey. I had hoped that we could demolish the residential units immediately since no asbestos was found in the units, however a closer examination of the bids revealed that the contractor did not give a price for the commercial building alone, therefore we cannot easily determine how much it will cost to separate the project. I have a call into Nancy Cushing to inquire as to whether the company can give us a separate price for demolishing the residential units. We will be returning bid bond checks to the other bidders today, (if you think it is appropriate to do so) since Gustavson Demolition has requested this of us. His check is a substantial amount of money and apparently the company needs the cash. Ted Glas had indicated to you that the award of contract would be ;, '·'1 contingent upon the cost of abatement of asbestos, so that we should wait to return bid bonds. The demolition, however is separate from the asbestos removal so the low bidder can perform the job as specified. Also, we have a separate vendor for tire removal if we find tires have been illegally dumped on the property. Instructions to bidders indicate the checks would not be returned until a contract is entered with the low bidder so we are not required to return the checks right now. Please advise if you have obj ections to returning the check to Gustavson. Since the Commission meeting is not until next Tuesday, Norma should have the Asbestos abatement contract price by that time for you to report. In summary, the total demolition and clearance costs, including asbestos survey and estimate for removal is approximately $37800 (this includes $4500 for removal, even though we suspect that figure to be high) . In searching the budget account balance, there remains only $15,5l2 available for abatement and demolition which indicates you are short approximately $22,300. '. ,.II · MEMORANDUM TO: Jan Slazyk Buyer THRU: William H. Greenwood #~ Dir. of Environmental Services FROM: Richard C. Hasko, P. E. /l (}~ Asst. city Engineer ~J./ DATE: October 13, 1992 SUBJECT: S.W. 7th Ave. Roadway Construction Project No. 92-034 Service Authorization No. 3 for Michael B. Schorah & Associates is currently active by Commission approval for the subject project. It is in the amount of $8,394.00 under P.O. #511015, and funded by account #225-3162-541-61.17. A serious water pressure problem in the vicinity of this project has created a need for a water main upgrade along the S.W. 7th Ave. alignment. Schorah & Associates has submitted a proposal of $1,750.00 to provide the additional engineering services for the water main upgrade in conjunction with the original project. Please process this as a change order to the stated P.O. number for $1,750.00. The funding account for the additional services is 441-5161-536-63.50. DH: mm cc: George Abou-Jaoude, Dep. Dir. of Public utilities File: Project No. 92-034 CD) DH234006.MRM Approved: DAVID T. HARDEN, City Manager ,Sf J-/ '. ;.;, · DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER THRU: WILLIAM H. GREENWOOD ~~ DIRECTOR OF ENVIRONMENTAL SERVICES FROM: RICHARD C. HASRO, P.E. ~ ASSISTANT CITY ENGINEER DATE: OCTOBER 13, 1992 SUBJECT: S. W. 7TH AVENUE ROADWAY CONSTRUCTION 92-034 - - - - - - - ... - - - - - - - - - .. - - - - - - - ... - - - - - - .. I recently forwarded the attached memo to Purchasing for approval and implementation. Purchasing has requ,sted a written authorization fro. you for the subject request~ I have added an approval block for your signature to the memo and would request your approval in this matter so we may authorize the consultant to perform the work. Thank you. RH : kt Attachment File :.;'~9:i::::ó'34.{D)~~-,~.. '~'''~~-~'''--'-DHDtifô13 . kt-' " " · . GM200113 City Of Delray Beach Florida 10/06/92 Fiscal Year 93 Account Balance Inquiry 16:07:53 Account number · · · 441-5161-536.63-50 · · Fund . · · · · 441 WATER AND SEWER FUND · · · · · Department · 51 WATER & SEWER · · · · · · Division . · 61 CAPITAL OUTLAY · · · · · · Activity basic . · 53 PHYSICAL ENVIRONMENT · · · Sub activity . · 6 WATER/SEWER SERVICES · · · · Element · · · · 63 IMPROVEMENTS OTHER · · · · Object · · · · · 50 WATER MAINS · · · · Budget , · · · · 150,000 · · · · · · · · · · Actual expenditures - current · .00 · · Actual expenditures - ytd · .00 · · · · Unposted expenditures · · · 39.50 · · · · Encumbered amount · · · · · · · : .00 Unposted encumbrances · · · · · · .00 · Pre-encumbrance amount · .00 · · · · · · Total expenditures · · 39.50 0.0% · · · · · · · Balance · · · · · · · · 149,960.50 100.0% · · · · · · F3=Exit F4=Detail transactions F5=Encumbrances F7=project information F12=Cancel F24=More keys ,. I." . :::; I::. ..... - J. '" - '=Þ '" IHU J. J. .... :':"<JII -....,. ....... .;a.a.-t..;....... - I ........... ~ '" . .........' ~~ . i.' . *'" MICHAEL e, SCHORAH " ASSCX:IATES. INC. Ml~MORANJ)UM TO: Mr. Dick fiasco, P.g. , ADDiuL~nt City Engineer FROM: Fred Roth DATE: Sept. 9, 1992 RE: S.W. 7th Ave Attached herewith are tho pavjov und clrainaga plans for the subject project. The quantities and covor sheet have not been completed pending the final dec.i.siofw rNféu~c:1:i.n9 tht;: water and sewer issues we discussed previously (ref.. \11(:1110 L1aleù 8/31/92 and YQur let tel' dated 9/1/92) . We have been in contaot with l hc:! utilities department on several occasions regarding the ]C)<':dt'ic.\Jl 1:Jf. the existing 2" water main on S.W. 7th. Ave. To date we have n(\1;'. h.a.d that facility located. Also we need to get the S~Wér line infonnation as noted in the previous correBpondên0~. Aø uoon il9 this information is available we will, be able to complete this work. ¡ have reviewed the ~\ddi tÜH....ll WC-H'k lI~W(HHH1.["Y to add the water (and possible 90me sewer later.dls) and hdVC come up with the following Scope of ,ServicQs: 1. Addi ti.onal field ourvüy t.o ()hl.d i n Lopo [rom the end of the current project to S.W. I) th St. dnd locate the existing water main on S.W. 4th St. 2. Additional plan and ffindjticaliun to plan provided under original service au thod <'.il t ion !Jhowing wa ter main, services, and fire hydrants. 3. Water detail sheet 1\ . Quantity take-off (01: \.¡ë¡l,(.'r plau 5. Location of additiona1 ~ewúr uurvice5 and cOßetrucLion detail (if necessary based on r.øvlcw ot TV information). 6. permi t ting of water line Lhr.u tlU) Health Dept. 7. Field observations requir~(\ (or the water line construction. 8. Verification of contraclO~'B quantities and payment requests. 9. Review of record infol'maU (HI, to bt) obtained by a licensed surveyor under thc.! c.mn l'1:'i,\I:I.Or'· U COl'lt ract for this work, and prepare the necessary "Re~urd Druwinys". 10. Prepare and s\\bmi L thJJ (ini..l.l (:ür t.i,£ icat.loru:J for this work to the City and the HeaJtll \.Iüpt.. . , . S~ho~Gh~ASSO~IG~-S P.03......03 SFP-1Ø-92 THU 1 1 ·4 . ' . .'~ , '" ;,-. " MICHAEL 8, SCHOR.^H & ASSOCIATES, INC, S.W. 7th Ave Memo Sept 9, 1992 Page 2 We have reviewed t.he BC01)t.! nol.(~d übove and have come up with the following cost for thosa 9Ðrvices: . 1. Design Phase (inc. dddition.:.l ulJl:'vey).........$ '150.00 2. Permitting Phase (inc. µr:i.nL£J, \~\lP.i f!S , etc.)..$ 175.00,'- 3. Construotion Phaoe (l nc.: . linal certification).$ 825.00. In the original service au thori ZrJ t. j on we do not have any field review or final certiticallon services. Those items can also be deleted from this change j t: th~ city .1s planning to provide them . using City forces. Note that these fees do not i. w.: 1 ude any submi t tal, permi t or review fees that may be charged by the regulatory agencies. Those fees will be billed directly to the CILy. Also note that soil testing will be required during t.he c()nstl~I.I.(JL.i.oCl process. The cost of all -. testing will be included in th~ G(mLrilctor' 8 bid as an allowance item. Please review this inforllliJl:i.<'1I1 and contact.. me so we can diseuse as to how we should proceed. I ,. 1.11 . Club and Hospitality Management, Development and Consultation BRAHM DUBIN President Memo To: Bob Barcinski From: Brahm Dubin Date: October 28, 1992 Delray Beach Golf Club is requesting permission to host a golf tournament on Saturday, January 27, 1993. This is to benefit the South County Boys and Girls Club. Presently it is our policy not to allow charity's to have tournaments at Delray Beach Country Club during the months of November through April. However we believe that we should grant this charity's request due to the extensive involvment the City Delray Beach will have with this charity in the future. We are asking that this item be placed on the November 3, 1993 Commission Agenda. 800 Palm Trail. Delray Beach, FL 33483 · (407) 243-8008 · Fax (407) 243-8011 l)r ,~/) . . CITY DF DELRA' BEA[H C~TY ATTORNEY'S OFFICE ' ',~ ' ..,,_. r: . ,[ -,.., y ~;¡:..\CH, :eLU ¡UDA 33~~4 ':i " -- Writer's' Direct Line - (407) 243-7092 MEMORANDUM Date: October 29, 1992 To: city Commission From: Jeffrey S. Kurtz, City Attorney Subject: Tennis Center Acquisition Our File #07-92.002 . The law firm of Vance & Doney in conjunction with our office has negotiated a settlement on the value of the one remaining parcel for $10,260 and $740 in attorney's fees. While it is anticipated at the time of this memorandum being issued that the Order of Taking will take place on October 30, 1992 and the acquisition of this property will have been done through that process, it is our recommendation that this offer be ratified by the City Commission in order to close out any hearings on valuation. At this point in time there only remains the two hiatus parcels which have been valued at $150 and the resolution of attorney's fees for the guardian ad litem and Mr. Brown. Should you have any further questions regarding this matter, please do not hesitate to contact our office. JSK: jw barnes9.jsk c-- Q G. -) ¡ '. " . . ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL WORKSHOP MEETING - NOVEMBER 3. 1992 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 7. AMENDMENT NO. 3 TO THE UDAG GRANT AGREEMENT/AUBURN TRACE: Approve an amendment to the UDAG Grant Agreement with Auburn Trace Joint Venture which changes the debt service amortization schedule to 50 years and invokes a penalty clause for late payment. ., ." · CITY OF DELAAY BEA[H G1TY .~TTORNEY'S OFFICE ' ., .... =: . . ¡~!..\.'\.'¡ ~~~:.\C¡i. r[ ,,:0,-\ ,,' ~~~ , ',;,Ii - ,- - " - MEMORANDUM Date: November 3, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Amendment to UDAG Aqreement - Auburn Trace Attached are the proposed amendments for the Auburn Trace agreements. The amendments provide for a 50 year amortization for the UDAG Loan, as well as the other City loans. Your consideration of this matter at the special meeting of November 3, 1992 is appreciated. JSK:sh Attachments cc: David Harden, City Manager 5,t:'/1 ., ' d AMENDMENT NO. 3 TO THE UDAG AGREEMENT DATED JUNE 29, 1989 BETWEEN THE CITY OF DELRAY BEACH AND AUBURN TRACE, LTD. THIS AMENDMENT NO. 3, made and entered into this ____ day of , 1992, by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, (hereinafter referred to as "City"), and AUBURN TRACE, LTD. , a Florida limited partnership (hereinafter referred to as "Auburn Trace") WIT N E SSE T H: WHEREAS, the City was the recipient of an Urban Development Action Grant ("UDAG") #B-88-AA012-0099(P) from the United States Department of Housing and Urban Development ( "HUD" ) , pursuant to a UDAG Grant Agreement dated February 4, 1988, together with all amendments and modification thereto ("UDAG Agreement"), which UDAG Agreement is incorporated herein by reference, in the amount of Three Million Eight Hundred Forty Thousand Dollars ($3,840,000), and the City agreed to lend such UDAG funds (the "UDAG Loan") to Auburn Trace; and WHEREAS, Auburn Trace used the funds loaned pursuant to the-UDAG Loan in order to construct a rental housing project on a 36-acre tract within the City's UDAG-designated "Pocket of Poverty~ and WHEREAS, Auburn Trace, is required under the terms of the UDAG Loan, to begin payments in 1994 on the UDAG Loan; and WHEREAS, the parties hereto desire to revise certain provisions of the UDAG Agreement as set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual obligations of the parties as hereinabove set forth, the parties he~eto hereby agree to amend the UDAG Agreement as follows: 1. Paragraph IV(b)(2)(D) of the UDAG Agreement is hereby revised to read as follows: (D) Repayment. During the years one through five, principal payments shall be deferred and interest shall be accrued and deferred at the rate of 3%, compounded annually; such accrued and deferred at the rate of interest shall be due and payable in a single payment at the end of the 25 year loan term. Beginning in year 6, repayment of principal and 1 " · interest shall be made in equal annual installments in accordance with a 50-year amortization schedule. A balloon payment sufficient to pay the entire outstanding indebtedness of principal, interest and accrued interest shall be made at the end of the twenty-fifth year. 2. That the attached Agreements to Revise the Payment Schedules for the $3,840,000 UDAG Loan, the $768,000 loan and the $720,000 loan are attached hereto as Exhibits "A","B" and "C" respectively and their terms are incorporated herein by reference. 3. Auburn Trace acknowledges that upon receipt of the permanent first mortgage it will receive $1,100,000.00 from its limited partner. Upon receipt of the $1,100,000.00 payment from its limited partner, Auburn Trace agrees that it shall distribute the money in accordance with the following schedule in order to satisfy outstanding debts: Balance of 1992 real estate tax escrow* $100,000 Repair and replacement reserve for 1991 & 1992 60,000 Points and mortgage broker fees for permanent financing* 196,000 Operating deficit reserve account 300,000 Security deposit reserve* 65,000 Permanent loan closing costs* 50,000 Outstanding general partner loan 135,000 Outstanding City debt requirements 127,400 -- Total $1,033,400 (*estimated amount) 4. That a new Paragraph IV(b) (2) (I) (v) is added to the UDAG Agreement to read as follows: If Auburn Trace obtains a $2,000,000.00 SAIL Loan from the State of Florida, the City agrees to sub- ordinate its interest as represented in the Mortgage and Security Agreement, dated June 29, 1989, which is recorded in Official Record Book 6116, Page 521, of the Public Records of Palm Beach County, Florida, to the interest of the State of Florida. 5. The City shall not initiate legal action against Auburn Trace for an event of default, unless City shall first have given the Florida Housing Finance Agency ("FHFA") notice in writing of such event of default and an opportunity to cure the same not less than ten (10) days before such action, in the case of monetary default, and not less than thirty (30) days before such action in the case of a nonmonetary default. 2 ;, '··1 6. This Amendment to the UDAG Agreement shall not be executed nor be enforceable until formal written approval of this Amendment is obtained from the HUD Office of Economic Development. 7. That all other terms and conditions of the agreement dated June 29, 1989 between the parties, except as may be in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of this day and year first above written. AUBURN TRACE, LTD. WITNESSES: By: (Type or print name) (Type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1992 by , partner~r agent) on behalf of , a partnership. He/She is personally known to me/or has produced (type of identification) and did (did not) take an oath. Signature of Notary public- State of Florida Print, Type or Stamp Name of Notary Public CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form and Legal Sufficiency: City Attorney 3 '. AGREEMENT TO REVISE PAYMENT SCHEDULE OF $768,000 NOTE DATED JUNE 29, 1989 THIS AGREEMENT, dated this day of , 1992, is in reference to a $768,000.00 loan, which is evidenced by an instrument dated June 29, 1989, made by AUBURN TRACE, LTD., a Florida limited partnership (hereinafter referred to as "Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation. This instrument is secured by a Mortgage and Security Agreement, dated June 29, 1989, on the following property: That part of the Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 25, less the North 25 feet thereof, less the East 25 feet thereof, less the South 10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as measured parallel with the East line of said-Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel with t~outh line of said Lot 25); the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18. The Mortgage and Security Agreement is recorded in the office of the Clerk of the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116, Page 521, of the Public Records of Palm Beach County, Florida. For and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants, promises and representations herein, the payment schedule of the instrument described above shall be changed in the following manner: a. Maker shall pay annual installments in the amount of $14,336.00 payable on or before June 30 of each year. b. A balloon payment of $270,336.00 is due on or before June 30, 2017. If default be made in the payment of any of the sums mentioned herein, the Payee shall impose a penalty of 5% on the 1 " . I . unpaid payment, in addition, said payment and penalty shall bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. This agreement is only a revision and not a novation. Except as provided in this agreement, all the terms and conditions of the instrument and the Mortgage and Security Agreement described above shall remain in full effect. IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this agreement on the day and year first written above. AUBURN TRACE, LTD. WITNESSES: By: (Type or print name) (Type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1992 by , partner (or agent) on behalf of , a part~ship. He/She is personally known to me/or has produced (type of identification) and did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public This agreement is accepted by THE CITY OF DELRAY BEACH, FLORIDA on , 1992. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form and Legal Sufficiency: City Attorney 2 ., " i AGREEMENT TO REVISE PAYMENT SCHEDULE OF $720,000 NOTE DATED JUNE 29, 1989 THIS AGREEMENT, dated this day of , 1992, is in reference to a $720,000.00 loan, which is evidenced by an instrument dated June 29, 1989, made by AUBURN TRACE, LTD., a Florida limited partnership (hereinafter referred to as "Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation. This instrument is secured by a Mortgage and Security Agreement, dated June 29, 1989, on the following property: That part of the Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 25, less the North 25 feet thereof, less the East 25 feet thereof, less the South 10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as measured parallel with the-East line-of said Lot 25) of the West 295.20 feet of the East 320..20 feet (as measured parallel with th~outh line of said Lot 25); the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18. The Mortgage and Security Agreement is recorded in the office of the Clerk of the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116, Page 521, of the Public Records of Palm Beach County, Florida. For and in consideration of the sum of Ten Dollars ($10.00) and for other good _and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants, promises and representations herein, the payment schedule of the instrument described above shall be changed in the following manner: a. Maker shall pay annual installments in the amount of $12,100.00 payable on or before June 30 of each year. b. Maker shall pay a balloon payment of $289,600.00 on or before June 30, 2017. 1 ., · If default be made in the payment of any of the sums mentioned herein, the Payee shall impose a penalty of 5% on the unpaid payment, in addition, said payment and penalty shall bear interest from such time until paid at the highest rate allowable under the laws of the state of Florida. This agreement is only a revision and not a novation. Except as provided in this agreement, all the terms and conditions of the instrument and the Mortgage and Security Agreement described above shall remain in full effect. IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this agreement on the day and year first written above. AUBURN TRACE, LTD. WITNESSES: By: (Type or print name) ! (Type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH ¡ The foregoing instrument was acknowledged before me this cnry.. 0 f , 1992 by , partner (or agent) on behalf of , a partnership. He/She is personally known to me/or has produced (type of identification) and did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public 2 " This agreement is accepted by THE CITY OF DELRAY BEACH, FLORIDA on , 1992. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form and Legal Sufficiency: City Attorney -- 3 " ,.;! AGREEMENT TO REVISE PAYMENT SCHEDULE OF $3,840,000 NOTE DATED JUNE 29, 1989 THIS AGREEMENT, dated this day of , 1992, is in reference to a $3,840,000.00 loan, which is evidenced by an instrument dated June 29, 1989, made by AUBURN TRACE, LTD. , a Florida limited partnership (hereinafter referred to as "Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation. This instrument is secured by a Mortgage and Security Agreement, dated June 29, 1989, on the following property: That part of the Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 25, less the North 25 feet thereof, less the East 25 feet thereof, less the South 10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as measured parallel with the Eas~ line of said Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel with th~outh line of said Lot 25); the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18. The Mortgage and Security Agreement is recorded in the office of the Clerk of the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116, Page 521, of the Public Records of Palm Beach County, Florida. For and in consideration of the sum of Ten Dollars ($10.00) and for othe~ good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants, promises and representations herein, the payment schedule of the instrument described above shall be changed in the following manner: During years one through five, principal payments shall be deferred and interest shall be accrued and deferred at the rate of 3%, compounded annually; such accrued and deferred at the rate of interest shall be due and payable in a single payment at the end of the 25 year loan term. Beginning in year 6, repayment of principal and 1 " . . interest shall be made in equal annual installments in accordance with a 50-year amortization schedule. A balloon payment sufficient to pay the entire outstanding indebtedness of principal, interest and accrued interest shall be made at the end of the twenty-fifth year. If default be made in the payment of any of the sums mentioned herein, the Payee shall impose a penalty of 5% on the unpaid payment, in addition, said payment and penalty shall bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. This agreement is only a revision and not a novation. Except as provided in this agreement, all the terms and conditions of the instrument and the Mortgage and Security Agreement described above shall remain in full effect. IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this agreement on the day and year first written above. AUBURN TRACE, LTD. WITNESSES: By: (Type o~rint name) . (Type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1992 by , partner (or agent) on behalf of , a partnership. He/She is personally known to me/or has produced (type of identification) and did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public 2 '. . ," . . , , , . Agenda Item No.: 'AGENDA REQUES~ Date: 10/30/92 Request to be placed on:' Regular Agenda Special Agenda X Workshop Agenda When: 11/3/92 Description of agenda item (who, what, where, how much): Presentation by the "I Have A Dream" Foundation Carver Estates Chapter, Delrav Beach. FL ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Department Head Signature: ~&'Å ß\~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO Vn Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,. ,.;, " '. . . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: PRESENTATION FOR CITY COMMISSION MEETING - NOVEMBER 13, 1992- - DATE: OCTOBER 30, 1992 ITEM BEFORE THE COMMISSION: - - Presentation of the "I Have A Dream" Foundation, Carver Estates Chapter, Delray Beach, Florida. BACKGROUND: For some time now various community members have been discussing the possibility of establishing a "I Have A Dream" Foundation within Delray Beach. Mayor Tom Lynch has worked with Mr. and Mrs. Herman Green, Mr. and Mrs. Jay FeIner and others to develop this program. The program is under the national umbrella, which was first established in New York City and has a similar program in Boca Raton which is associated with their housing project. The program encourages those students at risk to stay in school and pursue a college or vocational education. It specifically targets children between 8 and 9 years old who are currently living in Carver Estates. The program will employ a full time Project Coordinator and encourages investors to make a commitment over a 5-year period in assisting these students if they graduate from school in good standing. This is a very positive program for Delray Beach, and I have agreed to serve as one of the Board advisors. LB:DQ Attachments D14 Dream.CC (;)5. I. , ,,' .. "I Have a Dream" Foundation CARVER ESTArnS CHAPTER, DEL RAY BEACH, FL 33444 Honorary Chairman Dear MAYOR THOMAS LYNCH De/ray Beoch National Chairman We are excited by a new project we are sponsoring in Delray Beach. EUGENE M, LANG Sponsor Briefly -- the program is focused on approximately 45 children, ages 8 ARONA & HERMAN GREEN to 9 years, in the second and third grade grammar school. These at-risk Investors Committee children all reside in Carver Estates, a low income inner-city housing GEKfRUDE & JOE BOWMAN SIflRLEY & JAY FELNER development of 200 families in Delray Beach. CATHERINE & ERMINIO GJUUANO ANITA PENZER & ERNEST GOLDBLUM ELSIE & ROBEKf GOROON Over a 10 year span, they will be shepherded through grammar school, BOBBIE & PETER KAMJNS middle school, high school and be given the opportunity to attend a SUE & ELLJS LEVY JEANETTE & HAROLD ROSEN college or vocational school of their choice. SIflRLEY & BEN SCHOLSOHN JUDITH & ALLEN SILVERMAN During this period, the project will provide additional or special PHYLLIS & EUGENE SQUIRES EDNA & STANLEY STROCKER tutOling, personal and family counseling and various educational programs RUTH & SAUL WEINBERGER enabling them to learn more about their community and the outside world. Advisory Board Most important -- they will be encouraged to stay in school. MRS, ROSETTE ROLLE, ChDirlady Housing Authority of Delray Beach LULA BUTLER, Director This, by no means, will be an easy task, but with your support it will Community lmprovemt!'u. Delray Beach be successful and rewarding. This support need not be solely limited to a MARVJN ZALI'. Sponsor financial commitment because you can become involved on a closer, ¡HAD Foundalion. Boca Ralon KATHY FRYER, Children Services Council, "hands on" basis. These Dreamers need advice, guidance, personal Palm Beach County "mentoring" and fIiends outside of Carver Estates. Your commitment to the Delray Beach IHAD is for the Delray Beach chapter only, where we live. You will be kept aware of the progress of our chapter on a regular basis. Project Coordinator Please take the time to read the enclosed expanded details. Your KATHY HILLIER financial commitment and any personal participation you care to make will mean so much. We hope you'll join us. ~ þ< ~4L- Arona and Herman Green 301 S.W. 14th Avenue' Delray Beach, H, 33444· (407) 279-6009 LLY ....... "'T'tr.'I ... T"\r"....'W':".A. ..., ___':'11 __....._..:....1..... .... .c....l1 ...:---....... n........':".",. £""'__..A:_n+_... ........._ ....:11 ...__1,. ....:...... +......:.... 1"10..._..._ __ .... A....~. 4--...... "¡ Have a Dream" Foundation r> CARVER ESTA1ES CHAPTER, DELRAY BEACH, FL 33444 FINANCIAL COMMITMENT A project to set up a foundation to fund the education years for approximately 45 young people ftom Carver Estates, Delray Beach, Florida. If you have questions, contact: Mail to: FOUNDATION OFFICE IHAD (Carver Community School) Herman Green (407) 279-6009 301 S.W. 14th Avenue Home (407) 499-7223 Delray Beach, FL 33445 Fax (407) 498-1103 I will contribute as follows: 0 $5,000.00 Individual Investor $1,000.00 per year for 5 years o $10,000.00 Individual Investor/Company/Religious Organization $2,000.00 per year for 5 years o $25,000.00 Foundations - Private, Family, Individual $5,000.00 per year for 5 years Checks should be made payable to: "I HAVE A DREAM FOUNDATION" of Delray Beach. (A Florida Tax-Exempt Corporation) For our Mailing List: Name Phone # Address City/State/Zip For our Letterhead and Publicity Purposes I would like my investment listed under the following name (as individuals, as a company, as an individual and company, etc., or not listed): (or) I prefer not to have my name used on letterhead or any publicity for "I HAVE A DREAM." Date Signature 301 S.W. 14th Avenue· Delray Beach, FL 33444· (407) 279-6009 , · "[ Have a Dream" Foundation CARVER ESTAlES CHAPTER, DELRAY BEACH, FL 33444 REFERENCE BUDGET This reference Budget estimates the annual cost of operating an average IHAD Project involving 45-50 Dreamers. Among other things, it covers employment of a Project Coordinator and service costs that may be administered by the Sponsor, and/or by a local IHAD Foundation, and/or by a Community Based Organization (CBO). There can reasonably be a plus-or-minus variance of 15% in the estimated total cost, depending on the locality, individual project circumstances, opportunity arrangements for funding or absorbing costs of specific services and activities, and Sponsor program preferences. It assumes some volunteer services for conducting many Project activities. PERSONNEL: Project Coordinator $30,000.00 Assistant Project Co-ordinator 10,000.00 Employee Benefits @ 20% 8,000.00 Sub-Total $48,000.00 OTHER EXPENSES: Transportation $1,500.00 Food, Favors, Parties, Trips 2,500.00 Photocopying & Printing 750.00 Postage 500.00 Office Supplies 400.00 Telephone 750.00 IHAD Convention Participation 1,000.00 Temporary Help 750.00 National IHAD Foundation Dues 2,000.00 Miscellaneous 2.500.00 Sub-Total 12,650.00 $60,650.00 LOCAL IHAD FDN OR CBO OVERHEAD @ 15% 9.350.00 (includes items such as secretarial services, office space, $70,000.00 insurance, telephone, staff support, supervision, etc.) 1st Five Years 70,000 per X5 $350,000.00 2nd Five Years 80,000 per X5 $400.000.00 TOTAL BUDGET $750,000.00 301 S.W. 14th Avenue· Delray Beach, FL 33444· (407) 279-6009 , 'We were tired of living this way' Residents of Carver Estates turn around crin1e-injested community Residents focus ØThe attitude of people has changed, The Then, as people in the program get jobs with higher salaries, 011 l1nprovillg lives their rent increases and a per- centage of that increase will go BY WAYJI: TOIIIPrJIC:ì drugs and the crime woke them up and into an escrow account with in- ST,\H WRITEH terest. Isiah Crawford, a deeply re- they took control of their lives.' This program is different ligious man with a ready hand- shake and 51 years of wisdom, - Deborah Castellow, Participants would get back reflects on the changing atti- director of Caner Estates that money after completing tudes of Carver Estates resi- the program, allowing them to dents who in the past three "The attitude of people has Rolle, who has chaired Delray send a child to college or make years have chased off drug a down payment on a house. dealers and cleaned up the gar- changed," she said. "The Beach's Housing Authority Some in Family Self-Sufficiency bage that once riddled the Del- drugs and the crime woke them board for three years. "That's programs in other parts of the ray Beach public housing up and they took control of like throwing money down a country have accumulated as complex at 770 SW 12th Ter- their lives. They said 'Look, we hole, You have to care for peo- much as $20,000 after five race. have to raise our families here. pie and above all raise their years. "It was really a mess out We have to live here. There's self-esteem. " Though similar programs here, and the people - me and got to be a better way,' At Carver Estates, the have come and gone, CasteUow others - just up and said one "I don't think they ever 200-unit complex divided about said this one is different be- day, 'Look, we have to live here thought of it as their home un- evenly between elderly residents cause participants would not and we got nowhere else we til that point." and families, a Family Self-Suf- forfeit other state and federal can live right now.' We were The change has affected not ficíency program is being benefits such as food stamps tired of living this way, of step- just the tangible, but the intan- launched. even though their incomes ping over garbage and watching gible. Twenty-five Carver Es- Carver Estates residents have would increase while in tbe people come in just stomping tates residents - about 75 enthusiastically welcomed the program. the ground, they were so high percent of those eligible - have program, which HUD is man- "We're looking at the entire on crack. I had a nice car that signed up for a federal program dating for most public housing family, not just the head of kept getting broke into and one designed to train them and complexes around the country household. It doesn't penalize time they just tore it up." make them financially self-suf- for people who are out of work people for working. Under the Today, there are no more ficient within five years. or who think they can get bet· old system, it made you cheat. large groups of loiterers wan- People are interested ter jobs with training. You give up money for secu- dering in from other parts of rity. " the city to deal and use drugs. "It made me feel good that a Jobs mat£hed to interests r Thore a" also plans to start· Violent crimes - once frequent Enrollees are matched with a local c~~pter of the :'1. Have \ - are minimal. lot of people 1 felt frankly jobs and training that reflect a Dream program. sImilar to wouldn't be interested reall }' their own interests and talents. one star~ed 1ß the No~t~east and J City-sponsored face lift were," Castellow said. The program locally wiJI work I ~Iready 1ß place at DIxIe Mano~ The cit)"s housing authority These days, the operative with South Tech, Florida At- 1ß Boca Raton. , spent $260,000 on a complete motto is "In, up and out." lanti~ Uni~ersity. Carver Com- Heaps pay college tuition face lift: All buildings were Coined by U.S. Housing and mumty MIddle School, and the painted, new handrails and Urban Development Secretary state Health and Rehabilitative The program, funded by 10- landscaping were put in. Dur- Jack Kemp, the concept goes Services' Project Independence. cal individuals or foundations, ing the past year, 14 families like this: Get into public hous- After completing the five- follows a group of kids through have become flfsHime home- ing, lift yourself up through ed- year program, ~raduates would their public school careers and owners and have moved from ucation and job training" and then be self-su lcient, and even pays college tuitìons if they suc- Carver Estates or other assisted move out into a house of your have enough money to make a ressfully complete high school. housing programs in the city. own. down payment on a house. A lot of good things are com- Deborah Castellow, who has Though that concept seems It works like this: Tenants at ing together at Carver Estates, been director of Carver Estates simple, it hasn't always been Carver Estates pa}' rent equal and that suits Isiah Crawford since it opened in 1979, says it that way. to 30 percent of their household just fine. was the residents - not Ram- "For years, all this money incomes calculated after allow- "We're all God's children," bos or fancy programs - that was put into property and not ances such as the number of he said. "We've got to start !urned things around. the people, " said Rosetta children in the household. looking out for one another. "0 '. ,.,. · Dreams do come true Promise sees pupils through college .. " , ',".- _..1,. ... By nobel' D~u'sch: USA TODAY FROM P.S. 121: Eugene Lang, with David Nieves, left, wtl0 goes to community college; Andre Whitaker, a vocational sctlool grad Lang helped get jobs; Rousana Serrano, a Barnard senior, __,.__.________________ _._ u._~___.__......____..._.__,._..___.___..________. ._._ __.__.. _ _ '___" __,_,,__ _..._ __~._ __ .. COVER STORY Benefactor still nurtures young adults . By Dennis Kelly Educational USA TODAY donor Lang NEW YORK - Aristides Alvarado was only 12 when won't forget Eugene Lang came to speak at the sixth-grade graduaUon 'the little at East Harlem's Public School 121. "I remember guy/'· 4D him being huge. He was big- ger than life," Crazy thing is, Lang is only 5-foot-7, But what Lang did that June day in 1981 in a steamy auditorium may have prompt- ed Alvarado's fantasy that Lang was "a big blue angel." In a bit of impromptu philanthropy that has taken on mythical stature since, Lang promised the entire sixth- grade class he'd pay their way through college - if they stayed in school long enough to collect And now guess who's entering their last year of college? That's right A handful of the 36 young people from that class at P,S, 121 who went on to college are now seniors, A sheepskin is within reach for: ~ Juan Martinez. now 21, and a senior at prestigious Swarthmore College in Pennsylvania - Lang's alma mater. The "small kid with glasses" at P.S, 121, he's been studying philosophy and economics with designs on becoming a law- yer and can't wait for his diploma, "After putting In four years, damn real I want to get my piece of paper." Piease see COVER STORY next page ~ " .,,1 . - . 20· TUESDAY. SEPTEMBER 4. 1990· USA TODAY COVER STORY Of 61, 36 went to college Continued from ID says he's "delighted" for those discovered she was going to original dreamers who are 1In· college to make her mother ~ Rousana Serrano, 21, a se- ishing college on schedule, but happy, not because it was nior at Barnard College in New takes some responsibility for something she wanted. She York City, An economics ma· those who are not also discovered racism among jor, she hopes to go into com· "Each one of these young- schoolmates. mercial banking and pull down sters is very special," says She would r~nroll and then a six-1Igure salary some day. Lang. seated in the Manhattan stop attending college two "That'd be excellent," she says. Qffice of his firm, REFAC more times. Each time, Lang ~ Zulma Hernandez, 21, is a Technology Development paid her freshman tuition. senior at Bard College in New Corp, "He's always looking out for York state studying compara- "The thing 1 think about a my best interest," she says, "He tive literature and planning on lot," he says, weighing each always tells me never to give becoming an elementary word behind thick glasses and up. He talks to me as if he was school teacher. A native of EI a pencil-thin silver mustache, my father. 1 appreciate it and 1 Salvador who came to the USA "if 1 had known nine years ago love him dearly for it." at age 10, she says Bard opened what I've learned (since), 1 . Aristides Alvarado, 21, her eyes to people of other cul- could have done a better job, 1 was raised by a mother on wel· tures, "At that age (10), you think more of the kids would fare. But now a junior at Rens- think the whole world is the be graduating next June, I feel selaer Polytechnic Institute in place where you're at" bad about that because I like Troy, N.Y., majoring in busi· These are just some of the these kids." ness management, Alvarado students who benefitted from Lites them to the tune of imagines himself "getting real· Lang's spur-<>f-the-moment lar- $250,000 to $300,000 of his own ly, really up there, being really gesse nine years ago, On that money for tuition, tutoring and successful. Hopefully, I'll be day Lang was set to deliver one fun things like reunions, like (Lang) some day and of· those typical commence- An actual scorecard of make enough money to send ment speeches full of talk of what's happened to all 61 other people to college," the future and college, when it members of the graduating ~ Juan Martinez has proven dawned on him that his pre- class is difficult to come by. an active student at Swarth- pared speech was "completely Of the original 61, seven more. He launched an Hispan- irrelevant" to these inner<ity moved away and lost contact ic student organization and also kids who would most likely Six girls have had babies, Four began a group to increase never reach 12th grade, of the boys have fathered chil· awareness of hip-hop, rap mu· So the multimillionaire busi- dren, One did time in Sing Sing sic at a school that is "very, nessman, himself an alum of for armed robbery. very unhip," P.S. 121, dumped his prepared The plus side, however, is His biggest gripe: stories text, talked about Martin Lu- bigger - and better: At least <45 about his class of dreamers ther King's "I Have a Dre¡¡m" of 61 students collected a high that suggest "that if it weren't speech, got "caught up in the school diploma or its equiva- for the program, a lot of these sweep of my own logic" and lent Thirty-six went on to col· kids would have been gutter found himself promising a col- lege, most at the community filth. Some credit has to be giv- lege education - on the house. college level, but about a half- en to their resourcefulness and "All I heard was people clap- dozen pursued a four-year bac- their stick-to-it-tiveness." ping and yelling." recalls David calaureate degree. ~ Rousana Serrano says Nieves, 22, now a student at a Chances of this kind of tally were it not for Lang she would Manhattan community college. back when these kids left P,S, probably have attended a pub- "Everybody was shaking 121 were slim, The New York lic college instead of a presti· hands and hugging," Education Department has gious one the likes of Barnard, Those were the parents, But quoted the dropout rate for Like some of the others, she be- most of the kids, now young kids from this area at 60%. lieves she would have gone to adults, confess the moment The dreamers' stories are college even without Lang's passed right over them, testimonials to self-determina· help. "I'll be honest with you," tion and the ever-present hand Yet, Lang says the idea of says Denise Richardson, 21. "I of Lang. who has counseled college wasn't factored into the wasn't paying him any mind. them, intervened with authori- lives of many of these students, People were getting bored, My ties on their behalf and taken "I'm so tickled to see the friend and I had fallen asleep," them to restaurants and Broad- changes in self~teem that a But something very big was way shows, So many have statement like that repre- awakening. sailed into new worlds, but for sents," he says. In the media afterglow, Lang some the winds have blown And he doesn't want the pub- became an unlikely education kinder. Examples: lic to think that it was his mon- hero who went on to start the I ~ Denise Richardson, youn- ey that made the dilrerence for Have a Dream FoundatIon gest of four children, all raised these kids. connecting more than 9,000 by their mother. High school "The schohuships aren't that "dreamers" - inner<ity kids diploma in hand, she went olr significant," he says, "The im- with more hope than money - to Marymount College in Tar- portant thing is being there (to with other philanthropists, rytown, N.Y., but didn't last point them in right direction). I In self~rracing style, Lang through the first semester. 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B L.. ..J L.. 4J C L.. tID"å Ig~~¡¡¡V i~c:~ ";11 ~ ~.¡gl ca IUCGJ-::;CI14J C .~ .¡gÉ»,.2: ~-~J¡:- ~iS ~§';;- GJ ~ ~ e·j'õ ~-; 5-c ~§æ~~.E ~ ~8 ~ ~s·- :2 ~'&¿~g G.)QJ~ .~l! oS & ~ .. v'· ~ ~ h' ~.., 'ª ;>,~ ~" ë: v¥. 6J,,~~~:§~~§§ ~5oo OJ >-»~! ~~~a~"~~~d~~~£ a-~ "'~"'ãJ-" »,5 iii' ;¡ ~ "j IE >- a ~ '" ',Q '" e -8 ê'&~E"~~"u.c ~ ..,~~ ~ ~"'e~ ~a=~c~ E ~ 8.·c 0.0- V ¡.., V CG CI1 ¡:: i Q 1~1 g '" !1~Š ~ ä~.i~ U ~ ~ t v 5"~~2&:ãJõ."""~ ~{j, ~ _ is &! ~ " ~ '" ~ ~g Ë t.. ~ "ïJ 5 ».. ag 0 'Ii:: - .::E ~ ~ ~ " ~ ~oo;:...,>. '-c-æ._~ ~~ QJ ø ~5~"~~~~~~8~g~~€~ ~5~ ~eJ.i'g~;!;~]~:¡ ~- €,s 00·_ - ~ ;¡; '§,'è "'.., ~ ""&!:¿ä9 ~g.B -Š~QJ~:s!r 4J~~g. "õ~ 8..f!jc.¥c c::ooï: C'CI)Uu ;9 ~"j¡i5~"'''''2';::E~'~ ~~ -ss ãi:3§~;~ "',.. m....; 'å¡1ê~àg'åõ~ ða¡ 8 .s::Ð.g~tnv)~~o rIJ ~.!!!~ ~~.g gg ~o t; ~ 8.£ ~ 3~â-~~B~ ~ '1ï¡ ë:ë.s-5~ê§.....s ~~ C!ov"0"v8 S:§¡ J9 ""5---"'5'" .!i~~ 6k~ - g. 0. :] "~ 00 I "cO> _~ø-6;:Jo.!a,5Ë l-:; '" -.t:: CI1 vi o...c:: E' .-c '" g>,., ,s 8. ~ '" ¡j e !f;'.! E ~jî 'a~';; '0 Ii! ~ §·-Æ-c Ql)J!) oog:ö ~8 ,,~, c,5"j''''v ~ go .¡g~ 11 ~ ¡Uj w- ~~::;5'ä ãJ¿o!: >- ~ ¡¡¡~ !: '0 ;.c::J ~ 0.,2 E:O ."'¡¡¡'2~a "a v ~ ~! !;::'k0"QQ C11:2-5 2?'" Ê ~g § t ~; Ii> 0 3~ 0 æ ,s ~ ..a~ "õ<= f- (!J~ ~'" -.c~ <{ "'1' _J:,¡::-g§ ~~~ (f) ffifi ~..... ='u .:.:: - ::J ]j':':::~a. '5~v 2;- ~ ~ ~5ê ~>' ~ ~ ~CI) 0 õ 0) a: III o 8,v ,".J2 ê' ~ -< g ~ c:a 'êj¡~j:Z 5 S, '<1'- el:t5 c: ~ .c :¡¡ " » ... -" ~"'- ' )!J a v i ~ ' 00' , '..,' ". - g ~ a . iJ ~ '" ~ w !!I a- -"'''", o.~ -~ ,,5cE~V¡· 1\ >~~ ,--" "'.c' CO ~..c::=.~ ~~iU~uo.~~~ .5~~EO"_~~~ CG= yG~3g-~ ~ ¿ ~ B' 0 -O~5~C - ~0L..~ i ~o ~L..oCGU~ ~ CI) w ",Iii j!li~~¡:¡I~~!I¡;~ii" ~!:11:¡~1~91 i f- CL w <I " v_" -"ãJ¡1 -j~ I~~~ 5 ~ ... ~- (f) c "- c ~ ._ cø!. fß ~ - 0 C tG CLI _ .0 ;.:::: ~ ~ ro ~ ~ ~ ë: C'" ~ ~ .'=' I ;:.'" 8\; g.!:: ~ IE ª -¡¡:5 0 ~ ~: J ~ :;;,;Z: ~ '8 ~ g g-£ ~ -g¡¡ E ~ m ãJ -¡¡ ~tu ~~~~š~;~i~!~~!'i~ª~j ijl!i~~!!~i 1 0 x~ (f) LU ,130 ~500" ~v5aiE.c531",,,~,,,g-~œ~ ,~t ~--g ê' ~ ::J "g liE) ,,,~&!o~g.j~ ~E~i.·B ~~Š E~aJI~,~~»¡j ~ f- ~c œ.... .~_ ~ ~~ ~œ~~ e ~CLI~~o 0 ~",~~~~~~oo~8~i~EÆ5~~U~~~>-~~O"~~~~.'='NgE~~~ '<I' ~~ J!~ ~~J!I_a 3 [i.,8!, ~a.g .,8~~,,8~s~g~~ ., ,." · 01(, CJvf CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: REVIEW OF SCHEDULE FOR COMP PLAN AMENDMENT 93-l MEETING DATE: NOVEMBER 3 \~. V\..)~ O~. PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNING BACKGROUND: Each year we undertake two major amendments to the Comprehensive Plan. The first such amendment involves an annual review and up-date. Among other items it includes: * Review of FY 91/92 project progress and either deletion or adjust of target dates established in the Plan; * P&Z Board review of completed work products/reports (e.g. Beach Access Study, Wellfield Protection, etc. ) with recommendations, as appropriate, regarding the related Plan policies; * Adjustments to the FY 92/93 work programs (expectations) based upon the final FY 92/93 budget decisions and final departmental work programs; * Programming any anticipated changes based upon early review of FY 93/94 capital improvement programming; * P&Z Board review of new data and analysis (e.g. 1990 Census, development activity, etc. ) and up-date of affected Plan Elements, as appropriate (e.g. Housing Element); * Proposed changes to the Future Land Use Map (FLUM). Attached is the flow chart which shows the timing for the preparation and processing of Amendment 93-1. The Director will review the flow chart and identify significant dates during this brief presentation. Attachment: * Flow chart for Amendment 93-1 DJK/T:CC93-1.DOC ¿c).5. d. " . .- , I "" It) ~ Ø» "" ~ 1ft Z ~~ - I .... La. ~ :2 B~ Q Z Ú~ N .. II .... :2 Ú~ -;:;. ~ I ~i Ig z '~~ is -J I.¡J =s ~ ~~c.:>>- ~il :::)xZ..J G.. .~~~ ~I.¡J~Z ï~% O~::I:O "'... ... :,~ .t! ~ 0 ~~ 0 ~.!! N z ...... 0 N'" N Q ~ l ~~~ I.IJ . ~~ I N ~ It: , I.IJ .... ~ > -I Q ~q, ~ ~ ~ &..I - L&J en ~ L~N CD " &..I Z Z ..J 0 0 ~ ~ ~~ ? :I:JdZ (J ~~ GI i t- U 0 18 .. ~ ~ ·If¡~ en .... ~ .... - t- X ~ ",ä D: 1rI'C2~ Z I.&J 0:: $-1 ~..... .. ~I:i L&J .... % N ~ ~ en LL ....... i .... I - ::;) I! z ~ ii~¡ I~ u œ 0 Q ~~- il Q " ... ~ SëI .. ~ z .. I ... .. r:i .. - Ii t; - ~c ~ _I~~ z L&JQ: ." - ¡;¡- .... L' ....... ..,j :::)L&J :2 ~ ~ ~i· :JIji en a.. I I/IW en~ 1/1- .-. ~~ ::1 · Iii w... -a.. !i- Z L~ ~ i¡ ~~ I - ~1rI~ ..-' 0 a· ~ - ~~ .. iii NC~ ø z en ~~ - I II .... ~ - g en I ~ ~ iI z It: ~~..... iii j 0 L 0 ~~i · ia ~ ~-4 .- ;1 a~ i jl N ." -. ~~~ ;2 L GI 2111 i e · . . IE , PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: C~:~= MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: SEPTEMBER 9, 1992 SUBJECT: STATEMENT RE MISSION OF THE P&Z BOARD Pursuant to direction, from last night's Commission meeting, to produce a two sentence statement of the mission of the Planning and Zoning Board, the following is provided: The Planning and Zoning Board is to insure that the Comprehensive Plan is properly implemented and that land use actions and public investment in infrastructure are consistent with it. Further, the Eoard is to periodically review and make recommendations to the City Commission regarding changes to the Comprehensive Plan. In less bureaucratic terms, the Board is a watchdog for Plan implementation and a body which identifies needs and initiates changes to the Plan. More formally, the Duties, Powers, and Responsibilities of the Board are set forth in Section 2.2.2(E), Pages 2204 and 2205 of the LDRs - a copy is attached. Please disseminate this memorandum as you deem appropriate. DJK/dlm Attachment: * LDR pages 2204 & 2205 c: P&Z Board Members DJK/TWOSENT.DOC " Section 2.2.2 (E) (E) Duties, Powers, and Responsibilities: ( l) The Board shall prepare and maintain a Comprehensive Plan in compliance with the Florida State Planning Statutes (163 and successor legislation) and Part V.B.4 of the Comprehensive Plan. (2 ) The Board shall, on an annual basis, prepare a formal Local Evaluation and Appraisal Report (LEAR) of the Comprehensive Plan and shall transmit said report to the State Department of Community Affairs (DCA) through the City Commission. The LEAR shall address items identified in Part V.C. of the Comprehensive Plan. (3) The Board shall, on an annual basis, in a public meeting, review reports prepared pursuant to Part V.B.l and V.B.2 of the Comprehensive Plan. (4 ) The Board shall, on an annual basis, in a public meeting, review the proposed capital budget for the ensuing fiscal year pursuant to Part V.B.3 of the Comprehensive Plan and shall be guided by Policy F-2.2 of the Public Facilities Element. (5 ) The Board shall hold a public hearing(s) in the winter months of each year for the purpose of obtaining public input before prioritizing capital improvement ·needs for the subsequent fiscal year. (PF F-2.l) (6) T~e Board shall review and make recommendations to th9 City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LOR) : * Amendments to the Comprehensive Plan and to the Future Land Use Map * Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR) * The annexation of territory to the City * Establishment of a conditional use * The abandonment of right-of-ways or public easements excepting single purpose easements * The approval or denial of site and development master plans as required in certain "planned" zoning districts * The establishment or change in street names (7 ) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: .. * Approval or denial of a preliminary subdivision plat 2204 " · Section 2.2.2 (E) * Certification of final subdivision plat * Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C}(1}(g} * Approval of certain site and development plans and modifications and extensions thereto * Determinations of Similarity of Use (8) The Board shall be consulted when it is necessary to make findings addressing consistency between Land Development Applications (LDA) and the Comprehensive Plan. The Board must make such findings for any LDA which goes before it. (LU A-S.6; CIE A-7» (9 ) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. 2~2.3 The Site Plan Review and Appearance Board ( Creation: A Site Plan Review and Appearance Board the City Delray Beach is hereby created. The purpose of is Board is t promote certain functional and aesthetic goals, objectives an olicies as set forth in the City's Com ehensive Plan. (B) ( 1) The Site Pl Board shall consist of seven regular memB of the Board shall be be a landscape architect or horticulture. (C) e Site Plan Review and Appearanc Board hold at leas wo regularly scheduled business meetin each with said etings being duly noticed and held in the hours. (2) Four members of the Board shall .. 2205 '. · ~ - CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: REVIEW OF SCHEDULE FOR COMP PLAN AMENDMENT 93-1 __·,·z.·---_ ,/ MEETING ~'~E: NOVEMBER/3 ~_ V\,..__J~ oeM--. PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNING BACKGROUND: Each year we undertake two major amendments to the Comprehensive Plan. The first such amendment involves an annual review and up-date. Among other items it includes: * Review of FY 91/92 project progress and either deletion or adjust of target dates established in the Plan; * P&Z Board review of completed work products/reports (e.g. Beach Access Study, Wellfield Protectior.., etc. ) with recommendations, as appropriate, regarding the related Plan policies; * Adjustments to the FY 92/93 work programs (expectations) based upon the final FY 92/93 budget decisions and final departmental work programs; * Programming any anticipated changes based upon early review of FY 93/94 capital improvement programming; * P&Z Board review of new data and analysis (e.g. 1990 Census, development activity, etc.) and up-date of affected Plan Elements, as appropriate (e.g. Housing Element); * Proposed changes to the Future Land Use Map (FLUM). Attached is the flow chart which shows the timing for the preparation and processing of Amendment 93-l. The Director will review the flow chart and identify significant dates during this brief presentation. Attachment: * Flow chart for Amendment 93-1 DJK/T:CC93-1.DOC '. . ... , '" I ~ It) '" m !ž ~:< IQ - 81 w ..... ~ ::I Q - 21 Z "III .... ~~...... .... u '" 2f !g :I I i¡ ~ ...J La.I il N 111 IQ ~ <t-e,:)>- ï~1 z '~ ...~ ~ ::::)xZ...J :5 II. .... t-1.IJ<Z <~~ ?~ ot-:I:O "'''' a.. < 0 ~~ ~~ .... ~~ ...... ~~ 0 .... z C N 111 .... &.J 0 ...~ ~ ~ ~ " 11..... &.J ~. I ;:; 5 a: ~~ . ..... .i .... ~ ~~ ~ tJJ " ..... Q m z ...J - ~ ,.. ..~" ~ ~ ~I en z 0 :J:t/d% .... U 0 0 'Ii, 4'~ <?:.. i ¡:: w~ 0 en .... 2w .5~-:::- >< ~ ",8 ~ S. .... LLI 0:: $I .. !¡2'" z tAl IElIlo I.&J .... ~ a: ~.IQ :=i ...." :z¡~ .. !::i~¡ I . :J en II.j _ ~~!i u w .,,~ 0 ~ œ t:;i c Q æe~e z~ g. '" '" I~ . C) . . I l!i z~ Z po f~ - - -I~~ z wet:: I~ W ~t:. ~ e- ::::)1.IJ øl .", wj cnQ. W II.~ ~ ~~ 2ii cn< I: :I o. ."w -Q. I '" ~~- ;: ~~ .-s ~~~ · z2i I¡ L'" ~ II.~ - ~I;!..... .. z I - o· 0 - i ~~ - Nt:. ~ 5 II en "'111 en II. ~ :: B ~ Ii w I :::t en iI z ~ ~$' iJ i ¡o a: II. 0 I:hl :. 0 -(,.4 - h ~~ I il ~ ~~ ~ II.~ ~ r:¡B. ..... ~I" I i e · . . iE , · PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: C~~~= MANAGER / FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: SEPTEMBER 9, 1992 SUBJECT: STATEMENT RE MISSION OF THE P&Z BOARD Pursuant to direction, from last night's Commission meeting, to produce a two sentence statement of the mission of the Planning and Zoning Board, the following is provided: The Planning and Zoning Board is to insure that the Comprehensive Plan is properly implemented and that land use actions and public investment in infrastructure are consistent with it. Further, the Eoard is to periodically review and make recommendations to the City Commission regarding changes to the Comprehensive Plan. In less bureaucratic terms, the Board is a watchdog for Plan implementation and a body which identifies needs and initiates changes to the Plan. More formally, the Duties, Powers, and Responsibilities of the Board are set forth in Section 2.2.2(E), Pages 2204 and 2205 of the LDRs - a copy is attached. Please disseminate this memorandum as you deem appropriate. DJK/dlm Attachment: * LDR pages 2204 & 2205 c: P&Z Board Members DJK/TWOSENT.DOC '. . Section 2.2.2 (E) (E) Duties, Powers, and Responsibilities: ( 1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the Florida State Planning Statutes (163 and successor legislation) and Part V.B.4 of the Comprehensive Plan. (2 ) The Board shall, on an annual basis, prepare a formal Local Evaluation and Appraisal Report (LEAR) of the Comprehensive Plan and shall transmit said report to the State Department of Community Affairs (DCA) through the City Commission. The LEAR shall address items identified in Part v.c. of the Comprehensive Plan. (3 ) The Board shall, on an annual basis, in a public meeting, review reports prepared pursuant to Part V.B.l and V.B.2 of the Comprehensive Plan. e 4) The Board shall, on an annual basis, in a public meeting, review the proposed capital budget for the ensuing fiscal year pursuant to Part V.B.3 of the Comprehensive Plan and shall be guided by Policy F-2.2 of the Public Facilities Element. (5 ) The Board shall hold a public hearing(s) in the winter months of each year for the purpose of obtaining public input before prioritizing capital improvement -needs for the subsequent fiscal year. (PF F-2.1) (6) T~e Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LDR) : * Amendments to the Comprehensive Plan and to the Future Land Use Map * Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR) * The annexation of territory to the City * Establishment of a conditional use * The abandonment of right-of-ways or public easements excepting single purpose easements * The approval or denial of site and development master plans as required in certain "planned" zoning districts * The establishment or change in street names (7 ) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: . * Approval or denial of a preliminary subdivision plat 2204 " Section 2.2.2 (E) * Certification of final subdivision plat * Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C)(I)(g) * Approval of certain site and development plans and modifications and extensions thereto * Determinations of Similarity of Use , /~ (8) The Board shall be consulted when it is necessary to make findings addressing consistency between Land Development Applications (LDA) and the Comprehensive Plan. The Board must make such findings for any LDA which goes before it. (LU A-5.6; CIE A-7» (9) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. 2~2.3 The Site Plan Review and Appearance Board ( Creation: A Site Plan Review and Appearance Board the City Delray Beach is hereby created. The purpose of is Board is t promote certain functional and aesthetic goals, objectives an olicies as set forth in the City's Com ehensive Plan. (B) (1) The Site PI Board shall consist of seven regular memB (2) Two regular the Board shall be registered architects; one or a person with expertise i (C) e Site Plan Review and Appearanc Board hold at leas wo regularly scheduled business meetin each with said etings being duly noticed and held in the hours. (2) Four members of the Board shall 2205 , . ·CD Community 11/3/C¡;;; - ce ~lIð,P Redevelopment -a Agency Delray Beach November 3, 1992 Mr. Thomas E. Lynch, Mayor Mr. David Randolph, Vice Mayor Mr. Jay Alperin, Deputy Vice Mayor Mr. William Andrews, City Commissioner Mr, Armand Mouw, City Commissioner Re: CRA 1992 Revised Redevelopment Plan and Five Year Capital Improvement Program Dear Mayor Lynch and Commissioners: We are presenting to you today, for your review and comment, a draft revision of the CRA redevelopment plan. In addition we are presenting a detailed 5 year budget, accompanied by a description of several of the projects. The current CRA Redevelopment plan was adopted by the City Commission on May 26, 1992. The revised plan before you contains the following major changes: 1. West Atlantic Avenue RedeveloJ>ment Plan: funding for a AWCRA Rorida Urban Design Assistance Team to develop a community consensus on redevelopment of the corridor. 2. Peach Umbrella Plaza I: funding for facade easements, parking easements and land acquisition. 3. Àffordable Housin¡ Pro&1'am: Delete City participation and include funding for direct subsidy second mortgages to new construction infill. ,,', 4, Downtown Cinema: funding for land acquisition in Blocks 77 and 85. 5. Block 76 and 84 Redevelopment: funding for land acquisition and parking lot construction. In addition funding sources include the City - Pineapple Grove Seed Monies, $454,689. 6. Municipal Tennis Center: funding for $481,000 for the stadium and courts. 7. Mount Olive Redevelopment: funding for land acquisition for nonprofit housing site. 8. Downtown Core Improvement: funding for redesigning existing municipal parking lots; for rehabilitating the Bridge Tender's house on Atlantic A venue; for participating with the DDA and Chamber of Commerce in a Downtown Marketing program; for granting 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558 . · -2- historical facades easements; and for initiating a "Riverwalk" on the Intracostal Waterway. 9. Redevelopment Sites: acquiring land on Blocks 60 and 61, adjacent to the City tennis stadium for redevelopment. 10. Peach Umbrella Plaza II: Acquiring additional land in the West Atlantic Corridor for redevelopment and rehabilitating existing buildings. An unfunded project. 11. Tenneco: Acquiring land between the US-lone-way pairs, north of NE 8th Street for redevelopment. An unfunded project. 12. CRA Subsidized Loan Pro¡ram: adding a business loan component to the zero interest program. 13. Business Development Pro¡ram: originally entitled the Business rental Subsidy Program, this program was amended to include additional funding methods to assist new business or business expansion within the CRA. 14. Addition of provisions for City review of CRA Plan amendments - page 3.20 15. Inclusion within the Plan of a Relocation Policy for residents displaced as a result of redevelopment - page 5.3 16. Inclusion of Property Acquisition Maps within the Appendix In addition we are presenting to you a detailed 5 year budget we expect to follow, which includes $5,000,000 in bond borrowing. The bond monies will retire debt (City: $1,582,000) and enable the CRA to start needed redevelopment projects. The CRA is now in a position to use it's Tax ..'. Increment Funds to leverage capital and become a more effective force in redevelopment. We appreciate any comments and look forward to a successful redevelopment of our great City. Sincerely, C£) Jà i ,~\J.J __ "-..--- Christopher I. Brown CRA Executive Director , CD Community Redevelopment -a Agency Delray Beach JOINT WORKSHOP MEETING WITH THE CITY COMMISSION OF DELRA Y BEACH November 3, 1992 City Hall Commission Chambers 100 NW First Ave., Delray Beach, FL 1. Roll Call 2. Approval of Agenda - deletions/additions 3. Public Comments New Business 4. CRA Redevelopment Plan S. CRA 5 year Budget Other Business 6, Comments by Board Members 7. Comments by Board Attorney 8. Comments by Executive Director 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 . CD Community . Redevelopment -a Agency Delray Beach FIVE YEAR CAPITAL BUDGET PROGRAM November 3, 1992 207 E. Atlantic Avenue. Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 . TABLE OF CONTENTS I. Five Year Capital Budget II. 1993 Budget III. 1992 Budget and Actual Expenditures (Unaudited) N. Downtown Cinema Redevelopment V. Block 76 Redevelopment VI. Block 60 Redevelopment VII. Block 61 Redevelopment VIII. Tennis Center Assistance IX, Peach Umbrella I Redevelopment X. Mt. Olive Redevelopment XI. Courthouse II Redevelopment XII. Bankers' Row Redevelopment XIII. Bridge Tender's House Assistance XIV. Tenneco Redevelopment XV. Affordable Housing Assistance XVI. Downtown Parking Improvements XVII. CRA Loan Program XVIII. Historic Facade Easements XIX. Mainstreet Program XX. Site Development Assistance , . , I ~ ;: 0 0 f! ~ ~ ¡1 ~ COMMUNITY REDEVELOPMENT PLAN THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Ie...... .. 'lIT ru1...r1 ~ . "1.11 '.11 'u. .....n FIVE YEAR REDEVELOPMENT PROGRAM & FUNDING ALLOCATIONS FISCAL YEAR # PROJECT NAME 92/93 93/94 I 94/95 95/96 96/97 PLANNING 1.1 GAE l.Z W. Atlantic Ave. Redev. Plan S10,OOO 1.3 CBD Development Plan · S15,OOO 1.4 Master Parkine: Proe:ram S5,OOO S5,OOO S5,OOO S5,OOO S5,OOO REDEVELOPMENT u Peach Umbrella Plaza 1(1) S607,243 (S255,082 U Affordable Housine: ProlU3m $200,000 Sl00,OOO Sl00,OOO $100,000 $100,000 2.3 Downtown Anchor with Parking · $10,000 U Downtown Cinema Mixed Use Project (1) $779,135 ($279,135 2.5 Blocks 76 & 84 Redevelopment (1) $698,509 $185,000 ($148,340 2.6 S. Countv Courthouse Expansion $25,000 $5,000 $500,000 2.7 Pineapple Grove Neie:h. Plan Implem. · 2.8 Bankers Row (2) $176,448 ($3,250 ($3,250 ($3,250 ($3,250 2.9 Pineapple Grove Way Revitalization · · UO Municipal Tennis Center Rehab. $50,000 $50,000 $50,000 $50,000 2.11 N. Federal Hwy. Transition Program · · . . . 2.12 Old School Square $43,743 $43,743 $43,743 $43,743 $43,743 2.13 Mount Olive Redevelopment (1) · $218,649 ($163,986 2.14 Downtown Core Improvement $188,667 $125,000 $77,500 $77,500 $52,500 2.15 Block #60 Redevelopment (1) $727,296 ($235,000 2.16 Block #61 (2) $5,000 $162,521 2.17 Peach Umbrella II · · . . . 2.18 8th Street (Tenneco Site) · COMMUNITY IMPROVEMENT 3.1 CRA Subsidized Loan Program $100,000 $100,000 $100,000 $100,000 $100,000 3,2 Site Development Assistance (3) $10,000 $2,000 $10,000 $10,000 $10,000 3.3 Community Activities Sponsorship $6,000 $10,000 $10,000 $10,000 $10,000 3.4 Delrav Beach Trolley System $5,000 $5,000 $5,000 $5,000 $5,000 3.5 Business Development Proe:ram $5,000 $10,000 $10,000 $10,000 $10,000 MISC. PROJECT EXPENSES $0 $5,000 $5,000 $5,000 $5,000 PROJECT LEGAL FEES $20,000 $25,000 $25,000 $25,000 $25,000 ............. .............:............ -"., .. :.:.:.<.<./". '.: $3,612.041 . <$î99,44 n~,66t . ·$931,993 ··':'<$411,99"·: (1) Project Expenditures Include Reimbursements to CRA for Land Sales (2) Project Expenditures Include Reimbursement to CRA for Land Owner Participation (3) FY 93194 Project Expenditures Include an $8000 Loan Repayment to CRA by Property Owner Note: · Denotes In-House Planning Effort . . DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Page 1 FIVE-YEAR BUDGET PROJECTIONS: 9/30/93 - 9/30/97 TAX INCREMENT and BOND ISSUE ACCOUNTS ACTUAL 10/1/92- 10/1/93- 10/1/94- 10/1/95- 10/1/96- EXPENSES 9/30/93 9/30/94 9/30/95 9/30/96 9/30/97 -TEM NOTES TO DATE BUDGET BUDGET BUDGET BUDGET BUDGET --- ----- -------- -------- -------- -------- -------- -------- SOURCE OF FUNDS Tax Increment Funds 1 City 424,978 482,254 541,282 602,116 664,812 County 296,854 336,862 378,094 420,588 464,382 Proceeds frot Borrowing 2 5,130,000 0 0 0 0 Property Revenue, Net Sch, A 42,494 45,923 47,894 135,631 141,627 'Decade Of Excellence' Bonds 454,689 0 0 0 0 Interest Earned 3 80,986 70,028 51,889 66,218 54,421 DDA Rei.burse.ent 4 1,875 0 0 0 0 Other Incolle 3 4,000 1,050 1,503 1,578 1, 657 -------- -------- -------- -------- -------- -------- TOTAL SOURCE OF FUNDS 0 6,435,877 936,117 1,020,662 1,226,131 1,326,899 APPLICATION OF FUNDS Debt Service City of Delray Beach 5 1,621,077 0 0 0 0 FLGFA Bond Issue 2 293,350 391 ,133 391,133 391,133 391,133 Other Debt Repayment 2 132,600 0 0 0 0 Bond Issue: Issuance Costs 2 80,000 0 0 0 0 -------- -------- -------- -------- -------- -------- Subtotal Debt Service 0 2,127,027 391, 133 391,133 391,133 391, 133 Project Expenses (i = Contingencies) Old School Square 6 43,743 43,743 43,743 43,743 43,743 Bankers Row 7 179,698 0 0 0 0 (3,250 ) (3,250 ) (3,250) ( 3,250 ) (3,250) Municipal Tennis Center 8 0 50,000 50,000 50,000 50,000 Downtown Core Ilprove.: Bridge Tndr 9 30,000 0 0 0 0 Park .fAlley 10 77 ,667 25,000 25,000 25,000 25,000 Main St.Proj.11 46,000 50,000 2,500 2,500 2,500 H istor .F acade12 25,000 50,000 50,000 50,000 25,000 Riverwalk 13 10,000 0 0 0 0 CRA Subsidized Loan Program 14 100,000 100,000 100,000 100,000 100,000 Site Develop,ent Assistance 15 10,000 2,000 10,000 10,000 10,000 COI,unity Activities Sponsorship 16 6,000 10,000 10,000 10,000 10,000 Peach Umbrella Plaza I: A & D 17 607,243 0 0 0 0 Land Sales 0 (255,082 ) 0 0 0 Peach Umbrella Plaza II: A & D 18 0 0 0 0 0 Land Sales 0 0 0 0 0 i Mt,Olive Baptist Redevel.A & D 19 0 218,649 0 0 0 Land Sales 0 0 (163,986 ) 0 0 Affordable Housing 20 200,000 100,000 100,000 100,000 100,000 Downtown Anchor w/ Parking 0 10,000 0 0 0 Downtown Cinema Mixed UseA & D 21 779,135 0 0 0 0 Land Sales 0 ( 279 , 135 ) 0 0 0 Blocks 76 & 84 Redevel.: A & D 22 698,509 185,000 0 0 0 Land Sales 0 0 (148,340 ) 0 0 S.County Courthouse: Expansion 23 0 0 5,000 500,000 0 Prop.Renov. 25,000 0 0 0 0 Pineapple Grove Neighb.I,plelent. 0 0 0 0 0 Pineapple Grove Way Revitaliz. 0 0 0 0 0 . · DEL RAY BEACH COMMUNITY REDEVELOPHENT AGENCY Page 2 FIVE-YEAR BUDGET PROJECTIONS TAX INCREMENT and BOND ISSUE ACCOUNTS ACTUAL 10/1/92- 10/1/93- 10/1/94- 10/1195- 10/1/96- EXPENSES 9/30/93 9/30/94 9/30/95 9/30/96 9/30/97 'TEH TO DATE BUDGET BUDGET BUDGET BUDGET BUDGET ..--- -------- -------- -------- -------- ---..---.. -------- N.Fed'l Hwy.Transition Progral 0 0 0 0 0 GAE (Traffic Perforl.Standards) 0 0 0 0 0 W.Atlantic Ave.RedeveloPlent Plan 24 10,000 0 0 0 0 CBD DeveloPlent Plan 0 15,000 0 0 0 Haster Parking Prograa 5,000 5,000 5,000 5,000 5,000 Oelray Beach Trolley Systel 5,000 5,000 5,000 5,000 5,000 Business DeveloPlent Progral 5,000 10,000 10,000 10,000 10,000 Block 60 Redeveloplent: A & 0 25 727,296 0 0 0 0 Land Sales 0 (235,000 ) 0 0 0 * Block 61: A & 0 26 5,000 430,521 0 0 0 Land Sales 0 (268,000 ) 0 0 0 Tenneco (8th st.) Redev. A & 0 27 0 0 0 0 0 Land Sales 0 0 0 0 0 Project Legal Fees 20,000 25,000 25,000 25,000 25,000 Hiscellaneous Project Expense 0 5,000 5,000 5,000 5,000 -------- -------- -------- -------- -------- ----...--- Subtotal Project Expenses 0 3,612,041 299,446 130,667 937,993 412,993 General & Adlinistrative Salar ies 28 147,020 154,371 162,090 170,194 178,704 Benefits - Pension, Other 3,740 3,927 4,123 4,330 4,546 Conferences, Seminars 1,500 1,500 1,500 1,500 1,500 Dues, Fees & Subscriptions 1,500 1,500 1,500 1,500 1,500 Entertainlent & Travel 6,000 6,300 6,615 6,946 7,293 Insurance - Health 6,369 7,006 7,706 8,477 9,325 - Other 5,000 5,500 6,050 6,655 7,321 Haintenance & Repairs 2,000 2,100 2,205 2,315 2,431 Hiscellaneous 29 2,500 2,625 2,756 2,894 3,039 Office EquiPlent, Furniture 2,500 2,500 3,000 3,000 3,500 Office Expenses 30 6,000 6,300 6,615 6,946 7,293 Professional Fees - Audit, Acctg. 7,000 7,350 7,718 8,103 8,509 - Bookkeeping 16,000 16,800 17,640 18,522 19,448 - Legal 10,000 10,500 11 ,025 11 ,576 12,155 - Other 15,000 15,750 16,538 17,364 18,233 Rent - Office 9,100 9,555 10,033 10,534 11,061 Rent - Equiplent 2,295 2,295 2,295 0 0 Taxes - Payroll 11 ,345 11,834 12,425 13,045 13,696 Telephone & Utilities 4,000 4,200 4,410 4,631 4,862 -------- -------- -------- -------- -------- -------- Subtotal General & Adlinistrative Exp. 0 258,869 271,913 286,243 298,532 314,414 -------- -..------ ----...-...- ----...--- -------- ---..---- TOTAL APPLICATION OF FUNDS 0 5,997,937 962,492 808,043 1,627,658 1,118,540 -------- -------- -------- --..----- -------- -------- SUBTOTAL FUND SOURCES IN EXCESS OF APPLICATIONS 0 437,940 (26,375) 212,618 (401,527) 208,359 +/- Cash Balance, Beginning of Year 168,767 606,707 580,331 792,950 391,423 +/- Other 0 -------- -------- -------... -------- -------- -------- TOTAL FUND SOURCES IN EXCESS 0 606,707 580,331 792,950 391,423 599,781 OF APPLICATIONS -------- -------- -------- -------- -------- --.............. -------- -------- -------- -------- -------- -------- ., . DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Page 3 FIVE-YEAR BUDGET PROJECTIONS TAX INCREMENT and BOND ISSUE ACCOUNTS 10/1/92- 10/1/93- 10/1/94- 10/1/95- 10/1/%- 9/30/93 9/30/94 9/30/95 9/30/96 9/30/97 ~OOTNOTES BUDGET BUDGET BUDGET BUDGET BUDGET --------- ..------- -------- -------- -------- -------- 1. Tax Increlent Funds are based on the following prelilinary figures and discounted 5%: Taxable Value 317,783,595 327,507,773 337,529,511 347,857,914 358,502,366 Base Year (245,631,067K245,631,067K245,631,067K245,631,067K245,631,067) ----------- ----------- -------~--- ----------- ----------- Tax Increlent 72,152,528 81,876,706 91,898,444 102,226,847 112,871,299 . 95% 68,544,902 77 ,782,871 87,303,522 97,115,505 107,227,734 Millage rates for the taxing entities are: City 6.2000 6.2000 6.2000 6,2000 6.2000 County 4.3308 4.3308 4.3308 4,3308 4.3308 Children's Council 0 0 0 0 0 State legislature voted in 1992 to delete C.C. TIF frol accruing to CRA's. Note Tax Roll Valuations for last 4 years; average increase is 3.06%. Valuation is based on current land area of CRA. YEAR VALUATION INCREASE AVG,INCREASE 1992 317,783,595 1991 303,808,099 0.0460 0,0306 1990 296,731,668 0.0238 1989 290,330,431 0.0220 . Anticipate borrowing $5,000,000 frol Florida Local Governlent Finance Authority (FLGFA) on or before 1/1/93 for Redeveloplent Projects as shown. Annual debt service is calculated on 6% fixed rate, paid quarterly, over 25 years. First year debt service is for nine lonths. 3. TIF Interest Earned is fro.: Certificate of Deposit (Sun Bank) Trust Account (Sun Bank) TIF Escrow (Sun Bank) Loan Subsidy Escrow Account (1st Union) Bond Budget Interest is frol short-tera invest.ent of portion of Bond proceeds, Other Incole is frol Main Street lerchants advertiselents; contributions to Main Street events; architectural co.petition fees; etc. 4. DOA Reilburselent is for one quarter based on annual fee of $7,500. 5. Debt Service to City of Delray Beach payoff at receipt of bond issue fu nds. 6, Old School Square: CRA pays Old School Square's debt service to the City of Delray Beach, . $10,935.72 per quarter. Total loan principal was $435,000, borrowed at 6,10% for 15.33 years. 7. Bankers Row includes soft costs, $11,400, funded by general revenues and capital i.prove.ents funded by bond issue: $48,000 for parking lot and $120,298 for N,E. 1st Avenue ilProvelents. The residents will rei.burse the CRA for a portion of these costs over a 10-year period. Their first year cOllitlent is $3,250. ., . DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Page 4 FIVE-YEAR BUDGET PROJECTIONS TAX INCREMENT and BOND ISSUE ACCOUNTS 'OOTNOTES, continued --------- 8. Municipal Tennis Center: CRA recognizes a contingent liability to the City of $481,000, paid in annual installaents of not aore than $50,000 (interest rate to be negotiated by the City) for 15 years. First payaent due 1/94. 9. Downtown Core Improvelent, Bridge Tenders House, is part of the downtown revitalization, and a continuation of Veterans Park renovation by the City. 10.Downtown Core Iaprovelent, Parking & Alleys, are several downtown municipal parking lots, including the following: Block 109 Landscape 8,067 Irrigation 2,500 Lighting 11,600 Block 92 Landscape 12,000 Irrigation 3,500 Lighting 15,000 52,667 Block 92, 100 & 109, Curbing/Pavers 25,000 TOTAL 77,667 11.Downtown Core IIProvelent, Hain Street Projects, provides for funds jointly with the Cha.ber of Coa.erce and the DDA to operate a centralized larketing prograa for downtown, The project funds the 10/22/92 Art & Jazz event ($8,500) and 3 quarters of the joint program (@ $12,500/quarter) beginning 1/1/93. 12.Downtown Core Improvement, Historic Facade is the purchase of historic facades; first year purchase is frol the art deco Flalingo Gas Station, 13.Riverwalk includes the planning for ilprovelent of the public right-of-way froa the Atlantic Avenue Bridge to the City Marina, The City will take the lead. 14.CRA Subsidized Loan Progra. provides for a .axi.us of $100,000 annuatty. 15.Site Developaent Assistance includes an $8,000 loan to the owner of the Flamingo Gas Station for the State of FL pollution lonitoring and filtration systel; the loan will be repaid (see Other l~coae) in 93/94. 16.Co..unity Activities Sponsorship includes in 92/93: Peach Umbrella, $1,500; Roots Festival, $1,000; Fireworks, $1,000; and the Technology Model Block Center, $2,500, 17,peach Umbrella Plaza I consists of: Land 277,736 Soft Costs 24,200 Hard Costs 305,307 -------- 607,243 Land sales aTe anticipated in 93/94 on the following basis: South Parcel (25,422 SF @ $5) 127,110 North Parcel (21,282 SF I $5) 106,410 SW 4th Avenue (10,781 SF @ $2) 21.562 -------- 255,082 . . DEL RAY BEACH COMMUNITY REDEYELOPMENT AGENCY Page 5 FIYE-YEAR BUDGET PROJECTIONS TAX INCREMENT and BONO ISSUE ACCOUNTS 10TNOTES, continued -----.--- l8.Peach Ulbrella Plaza 11, includes for future years' budgets the acquisition of a group of properties, Please refer to capital budget prograM. 19.Hount Olive Baptist Redeveloplent is a joint venture with the CRA to acquire property for the construction of elderly housing. Please refer to capital budget progral. PROJECT IS CONTINGENT UPON LAND SALES OF PEACH UMBRELLA PLAZA I, 20.Affordable Housing: direct subsidies to hOle buyers for new housing, A portion will be funded out of revenues and a portion out of the bond issue. 21,Downtown Cine.a project includes land acquisition, $779,135. Resale of land is expected in 1993. 22.Block 76 includes land acquisition, $698,509, and parking lot construction, $185,000. The CRA will resell several buildings on NE 1st Avenue: 7,417 SF . $20. 23.South County Courthouse Expansion is the purchase of the 16-unit Norse Apartlents. Property Renovation includes the renovation of the exterior of the property (KwikStop and Speedee Laundry), including linor building renovation. 24.West Atlantic Redeveloplent Plan will include a one-week workshop sponsored by the City, CRA, Delray Merchants Assoc., cOllunity groups and the FL Chapter of the Aaerican Institute of Architects. 2S.Block 60 Redevelopment is the acquisition of land and the construction of a parking lot to serve new office, retail, Old School Square, the City COI.unity Center and the new City tennis court complex in the imlediate area. One land parcel will be resold and redeveloped for co..ercial use. Interests in the parking lot will be sold to adjacent properties to the north. 26,Block 61 Redevelopment is the acquisition and resale of land fronting West Atlantic Avenue. Proposed new uses would include office, retail or restaurant. PROJECT IS CONTINGENT UPON BLOCK 60 PARKING SALES OR PRE-NEGOTIATED LAND SALES OF BLOCK 61. 27.Tenneco (8th St.) RedeveloPMent is the purchase of a vacant gas station on N. Federal dn NE 8th Street. The project will be funded by future revenues. 28.Salaries include Executive Director; RedeveloPlent Planner; Executive Secretary; other part-tile (Affordable Housing director, etc.), $10,000. 29.Hiscellaneous Expense includes Advertising; Penalties; Public Relations; Hiscellaneous. 30.0ffice Expense includes Bank Fees; Office Supplies; Postage; Printing; Telporary Services. '. DELRAY BEACH CO""UNITY REDEVELOP"ENT AGENCY Page 6 FIVE-YEAR BUDGET PROJECTIONS 10/1/92- 10/1/93- 10/1/94- 10/1/95- 10/1/96- SCHEDULE A - PROPERTY ACCOUNT 9/30/93 9/30/94 9/30/95 9/30/96 9/30/97 -------- -------- -------- -------- -------- REVENUES Property Rental 64,600 66,516 69,558 168,186 176,297 Property Tax Rei.burselent 5,900 7,080 8,496 10,195 12,234 Sales Tax Reilburselent 2,340 2,432 2,553 2,681 2,815 -------- -------- -------- -------- -------- TOTAL REVENUES 72,840 76,028 80,608 181,062 191,347 PROPERTY EXPENSES Advertisi ng 50 50 75 75 75 Insurance 2,280 2,508 2,759 3,035 3,338 "aintenance, Repairs & Trash 6,500 6,825 7,166 7,525 7,901 Property Ilprovelents 7,500 5,000 5,000 5,000 5,000 "iscellaneous 1,000 1,050 1, 103 1,158 1,216 Taxes: Property 6,700 8,040 9,648 14,128 16,953 : Sales 2,316 2,432 2,553 2,681 2,815 Uti li ties 4,000 4,200 4,410 4,631 4,862 "anagelent Fee 0 0 0 7200 7560 -------- -------- -------- -------- -------- TOTAL EXPENSES 30,346 30,105 32,714 45,431 49,720 SUBTOTAL REVENUES IN EXCESS OF EXPENSES 42,494 45,923 47,894 135,631 141,627 t /- Other -------- -------- -------- -------- -------- TOTAL REVENUES IN EXCESS OF EXPENSES 42,494 45,923 47,894 135,631 141,627 ----...--- -------- -------- -------- -------- -------- -------- -------- -------- -------- '. · DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Page 7 FIVE-YEAR BUDGET PROJECTIONS PROPERTY ACCOUNT 10/1/92- 10/1/93- 10/1/94- 10/1/95- 10/1/96- 9/30/93 9/30/94 9/30/95 9/30/96 9/30/97 "OTNOTES BUDGET BUDGET BUDGET BUDGET BUDGET -------- -------- -------- -------- -------- -------- 1. Property Rental is frol the following, on a .onthly basis (not including Sales Tax): 6-unit Apartlents 1, 800 1,823 1,890 1,914 1,985 16-unit Apart.ents (purch.10/1/95i sell 9/30/97) 0 0 0 8000 8400 Discount Auto Parts 1,800 1,890 1,985 2,084 2,188 Southland 750 788 827 868 912 Speedee Laundry 660 693 728 764 802 -------- -----..-.. -------- -------- -------- TOTAL MONTHLY INCOME 5010 5193 5429 13630 14286 t Southland overage 4000 4200 4410 4631 4862 2. Property Tax Rei.burse.ent is from the following: Discount Auto Parts 400 480 576 691 829 Southland 4000 4800 5760 6912 8294 Speedee Laundry 1500 1800 2160 2592 3110 -------- -------- -------- -------- -------- TOTAL ANNUAL REIMBURSEHENT 5900 7080 8496 10195 12234 Sales Tax Rei.burse.ent is frol the following, on a .onthly basis: Discount Auto Parts 108 113 119 125 131 Southland 45 47 50 52 55 Speedee Laundry 40 42 44 46 49 -------- -------- -------- -------- -------- TOTAL MONTHLY REIMBURSEMENT 193 203 213 223 235 3. Property Expenses: for properties owned by the CRA, including 18 S.E. 1st Avenue (6-unit residential apart.ents), Discount Auto Parts, Southland and Speedee Laundrolat, and two vacant lots on West Atlantic Avenue. The 16-unit apartlents at S.W. 1st Avenue will be purchased 10/1/95, lanaged by the Housing Authority, to who. the CRA will pay a lanagelent fee of 7.5% of rentals, and sold 9/30/97, 4. Maintenance, Repairs and Trash: it is expected that the cO.lercial property and apartments will be landscaped, painted and partially repaired. 5. Property and Sales Tax: state sales tax is required to be charged repaid on co..ercial rent revenue. Property tax is required on all the properties, All co..ercial tenants are billed the tax which is shown in the revenue section. 6. Utilities: water and sewer for residential apart.ents, electricity for outdoor lights at residential and cOI.ercial properties, and irrigation for e.pty lots. 7, Hiscellaneous Expense is from: Bank Fees Penalties '. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Proposed Budget for Fiscal Year 10/1/92 - 9/30/93 As Revised on Oc1:ober 29, 1992 ( PROPOSED BUDGET FOR FISCAL YEAR 10/1/92 - 9/30/93 ITEM FOOTNOTE AMOUNT A. Cash Balance, Beginning of the Year 1 $168,767 B. Source of Funds Tax Increment Funds 2 City 424,978 County 296,799 Children's Council 0 Proceeds from Short-Term Borrowing 130,000 Property Revenues, Net (See Schedule A) 43,994 "Decade of Excellence" Bonds 0 Interest Earned 3 12,000 DDA Reimbursement 4 1,875 Other Income 5 !.OO!! TOTAL SOURCE OF FUNDS 913,646 C. Application of Funds Debt Service City of Delray Beach 6 156,536 Other Short-Term Notes Payable º Subtotal Debt Service 156,536 Project Expenses Old School Square 7 43,743 Bankers Row -A&D 8 179,698 - Reimbursement (3,250) Municipal Tennis Center 9 0 Downtown Core Imp. - Bridge Tender 10 30,000 -Parking! Alley 11 77,667 -Main Street Project 12 21,000 -Main Street Reimb. 12 (3,000) -Historic Facade 13 25,000 -Riverwalk 14 0 CRA Subsidized Loan Program 15 50,000 Site Development Assistance 16 8,000 Community Activities Sponsorship 17 6,000 , -2- I Peach Umbrella Plaza I -A&D 18 100,200 -Reimbursement (3,250) Peach Umbrella Plaza II -A&D 19 0 0 Peach Umbrella Plaza III -A&D 20 0 0 Mt. Olive Bapt Redevel. -A&D 21 0 -Land Sales 0 Infill Housing 22 75,000 Dwntwn Anchor wlParking 0 Cinema Mixed Use -A&D 23 ° -Land Sales ° Block 76 & 84 Redev. -A&D 24 ° - Land Sales ° S. County Courthouse -Expansion ° -Property Renovation 25 ° Pineapple Grove Neighborhood Implementation ° Pineapple Grove Way Revitalization ° N. Federal Hwy. Transition Program ° GAB (Traffic Perform. Standards) ° W. Atlantic Ave. Redevelopment Plan 26 5,525 I CBD Development Plan ° Master Parking Program ° Delray Beach Trolley System ° Business Rental Subsidy ° Block 60 Redevelopment -A&D 27 5,000 -Land Sales 0 Block 61 Redevelopment -A&D 28 5,000 - Land Sales ° Tenneco Redevevelopment -A&D 29 ° -Land Sales ° Project Legal Fees 20,000 Miscellaneous Project Expense º Subtotal Project Expenses 642,333 -3- ( General & Administrative Salaries 30 147,020 Benefits - Pension, Other 3,740 Conferences, Seminars 1,500 Dues, Fees & Subscriptions 1,500 Entertainment & Travel 6,000 Insurance - Health 6,369 - Other 5,000 Maintenance & Repairs 2,000 Miscellaneous 2,500 Office Equipment, Furniture 2,500 Office Expenses 31 6,000 Professional Fees - Audit, Acctg. 7,000 - Bookkeeping 16,000 - Legal 10,000 - Other 15,000 Rent - Office 9,100 Rent - Equipment 2,295 Taxes - Payroll 11,345 Telephone & Utilities ~ Subtotal General & Administrative Exp. 258,869 TOTAL APPLICATION OF FUNDS 1,057,738 D. Fund Sources in Excess of Applications (144,092) E. Cash Balance, End of Year S 24,675 PROPOSED BUDGET FOR FISCAL YEAR 10/1/92 - 9/30/93 FOOTNOTES 1. Cash Balances includes the following: General Operating: unrestricted operating $ 58,275 TlF Trust: receipt/disbursement of TIF funds 67 TIF Escrow: used solely for debt retirement 14,115 Property: unrestricted operating 76,173 CRA Loan Account: used solely for CRA 20.137 Subsidized Loan Program $168,767 2. Tax Increments Funds are based on the following preliminary figures and discounted 5%: Taxable Value $317,783,595 Base Year (245,631.067) Tax Increments 72,152,528 @95 $68,544,902 Millage rates for the taxing entities are: City 6.2000 County 4.3308 Children's Council 0 3. Interest Earned is from: certificate of deposit (Sun Bank), trust account (Sun Bank) TlF escrow (Sun Bank), and the loan subsidy escrow account (1st Union). 4. DDA reimbursement is for one quarter based on an annual fee of $7500. 5. Other Income is from: Main Street Merchants advertisements, and Architectural competition fees; etc. 6, City of Delray Beach: quarterly payments of debt service are $39,134, Principal balance as of 10/1/92 is $1,582,000. Other short-term notes are to be paid off after the close of the fiscal year. 7. Old School Square: CRA pays Old School Square's debt service to the City of Delray Beach, @ $10,935.72 per quarter. Total loan principal was $435,000, borrowed at 6.10% for 15.33 years. 8. Bankers Row includes soft costs, $11,400, $48,000 for parking lot and $120,298 for N.E. 1st A venue improvements. The residents will reimburse the CRA for a portion of these costs over a 10-year period. Their first year commitment is $3,250, and they have paid $1,700 in deposit. . I -2- 9. Municipal Tennis Center: CRA recognizes a contingent liability to the City of $481,000, paid in annual installments of not more than $50,000 (interest rate to be negotiated by the City) for 15 years. First payment is due January 1994. 10. Downtown Core Improvement - Bridge Tenders House is part of the downtown revitalization and a continuation of the Veterans Park renovation by the City. Funding will be provided through a proposed bond issue. 11. Downtown Core Improvement - parking & alleys in several downtown municipal parking lots, including the following: Block 109 Landscape $8,067 Irrigation 2,500 Lighting 11,600 Block 92 Landscape 12,000 Irrigation 3,500 Lighting 15.000 52,667 Block 92, 100, & 109, CurbinglPavers 25.000 $77,667 12. Downtown Core Improvement - Main Street Projects provides for funds jointly with the Chamber of Commerce and the DDA to operate a centralized marketing program for downtown. The project funds only two quarters including the October 22, 1992, Art and Jazz event ($8,500) and three months of the joint program ($12,500), beginning January 1, 1993. 13. Downtown Core Improvements - Historic Facade is the purchase of an historic facade from the art deco Flamingo Gas Station. 14. Riverwalk includes the planning for improvement of the public right-of-way from the Atlantic Avenue Bridge to the City Marina. The city will take the lead. 15. CRA subsidized loan program funds a portion of the program. 16. Site Development assistance is for the loan to the owner of the Flamingo Gas Station for the State of Florida pollution monitoring and filtration system. 17. Community Activities Sponsorship includes Peach Umbrella, $1,500; Roots Festival, $1000; Fireworks, $1,000; and the Technology Model Block Center, $2,500. -3- I 18. Peach Umbrella Plaza, I consists of: Land $ 0 Construction Administration 4,200 Facade, Easements (75% of total est. costs) 82,500 Parking (net of property owner's contribution) 0 Atlantic Ave. Beautification 13,500 $100,200 19. Peach Umbrella Plaza II, includes the acquisition of a group of properties on West Atlantic A venue, to be funded by future revenues. 20. Peach Umbrella Plaza III includes the acquisition of several properties on West Atlantic A venue to be funded by future revenues. 21. Mount Olive Baptist Redevelopment is a proposed joint venture with the CRA to acquire property for the construction of elderly housing. Mt. Olive would be purchasing property from the CRA in later years. 22. Infill Housing: direct subsidies to home buyers for new housing. 23. Downtown Cinema project includes land acquisition and parking lot construction, to be funded from a proposed bond issue. 24. Block 76 includes land acquisition and parking lot construction, to be funded by a proposed bond issue and monies from the "Decade of Excellence" bond issue. 25. South County Courthouse, Property Renovation, includes the renovation of the exterior of the property (Kwick Stop and Speedee Laundry), including minor building renovation, to be funded by future revenues. 26. West Atlantic Redevelopment Plan will include a one week workshop sponsored by the City, CRA, Delray Merchants Association, community groups and the Florida Chapter of The America Institute of Architects. 27. Block 60 redevelopment is the acquisition of land and the construction of a parking lot to serve new office, retail, Old School Square, the City Community Center and the new city tennis court complex in the immediate area. One land parcel will be resold, and the existing housing sold for affordable housing. In 1993, only soft costs will be funded, including appraisals and planning costs. . I -4- 28. Block 61 Redevelopment is the acquisition of land fronting West Atlantic Avenue. Proposed new uses would include office, retail or restaurant. Only appraisal and planning costs will be funded. 29. Tenneco (8th St.) Redevelopment is the purchase of a vacant gas station on N. Federal and N.E. 8th Street. The project will be funded by future revenues. 30. General & Administrative; Salaries include Executive Director, Redevelopment Planner Executive Secretary, and other part time personnel. 31- Office expenses are from bank fees, office supplies, postage, printing, and temporary services. ., · ( DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Proposed Budget for Fiscal Year 10/1/91 - 9/30/92 ( Adopted on September 19, 1992 Revised on May 31, 1992 ¡ . , DELRAY BFJ\Œ CXJHJNI'l'Y REIEVELOPM!Bl' J'ßÐfCf PROPOSED HlWJ!:J.' !'Œ FISCAL '!FAR 10-1-91 TBRD 9-30-92 TAX IlfœEMENl' lD:X)JNT Revised Actual Item B\òJet Budcret To Date 9/30/91 5/31/92 8/31/92 A. CAæ BlUANŒ BmmNnfG OF YEAR $174,608 $174,608 $174,608 B. Source of FuOOs Tax Increment Funds: 1 $362,898 $362,898 $342,663 city County 2691247 239,355 239,355 Children's Council 12,877 12,965 12,965 Proceeds fran Borrowings 0 0 0 Interest Eam~ 16,500 11,860 8,136 DDA Reimbursement 7,500 7,500 7,500 other Inc~ 0 4.000 5.391 TOTAL SOURCE OF FUNDS $669,022 $638,578 $616,010 c. Applica.tiœ of Funds Debt Service City of Delray Beac~ $172,804 $126,759 $126,759 other - --º 0 0 SUbtotal Debt Service $1721804 $126,759 $1261759 Project Expenses: GAE (Traffic Performance Standards) 0 $3,680 $3,329 W. Atlantic Ave. Redevelopnent 10,000 5,000 2,260 CBD Develo¡:ment Plan (RUDAT) 0 0 0 Master Parking Program 0 10,000 10,360 Peach Umbrella Plaza 10,000 45,000 20,293 Infill Housing 100000 50,000 6,899 Downtown Anchor with Parking 0 0 0 Downtown Cinema Mîxed Use Project 0 5,000 525 Blocks 76 & 84 Redevelo¡:ment 0 151000 2,169 S.County Courthouse Expansion 0 0 0 Pineapple Grove Neighborhood Irrpl 0 0 0 Bankers Row 10,000 50,000 600 Pineapple Grove Way Revitalization 101000 101000 111650 Municipal Tennis Center Rehab. 0 15,000 14,640 N. Federal Hwy. Transition Program 0 0 0 Old School Square 0 18,226 18,226 Mount Olive Baptist Redevelo¡:ment 0 5,000 865 Downtown Core Irrprov. -Bridqe Tender 0 35,000 4,932 Downtown Core Irrprov.-Parking 0 70,000 3,970 Downtown Core Irrprov. -Main st. Proj. 0 20,000 14,045 ~ CRA SUbsidized Loan Program 100,000 65,000 58,127 Site Develo¡:ment Assistance 0 1,500 700 Community Activities Sponsorship 5,000 10,000 2,000 Delray Beach Trolley System 0 5,000 3,649 . WWI!:J.', FISCAL YEAR 9/30/92 (cœtinued) Revised Item B\XJQet Budclet Actual 9/30/91 5/31/92 8/31/92 Project Expense (cont.) Business Rental SUbsidy 0 51000 0 Pro ject Legal Fees 0 22,500 22,617 Miscellaneous Project Exp.S 38.543 5.000 5.141 Subtotal Project Expenses $283,543 $470,906 $206,997 General & ~nstrative Salaries $131,970 $120,686 $107,793 Benefits - Pension, other 3,495 3,495 3,965 Dues, Fees & SUbscriptions 11500 11500 892 Entertainment & Travel 6,000 6,000 2,856 Insurance - Health 41148 5,703 5,012 Insurance - other 5,290 5,290 4,815 Maintenance & Repairs 11200 1,800 2,209 Miscellaneous, 0 2,500 21224 Office Equipment 2,500 5,500 6,569 Office Furniture & IIrprovements 0 0 7,914 Office Expens~ 5,100 6,500 12,853 Professional Fees: Audit,Acct. 8,400 6,500 6,500 Professional Fees: Bookkeeping 0 61000 5,530 Professional Fees: Legal 24,000 20,000 16,065 Professional Fees: other 0 25,000 18,772 Rent 10,000 12,000 12,004 Rent: Equipment 0 0 382 Taxes - Payroll 6,072 10,625 8,709 Telephone & utilities 3.000 3.600 4.585 Subtotal Gen'l & Admin. $212,675 $242,699 $229,649 TOTAL APPLICATION OF FUNDS $669,022 $840,364 $563,405 FUND saJRCES IN EXCESS OF APPLIC. $ 0 $(201.786) $52.605 Transfers, CD's 0 27,178 (18,554) Acquisitions & Acq.Deposits 0 0 (96,472) Other (9/30 Receivables1 etc.) Q Q US.877) D. CASH BlW\NCE, mID OF YFAR $114,762 $ 0 $96.310 ., ( Revised FOO'l'NO'1'ES Budaet Bt~t l. Tax Increrrent Funds are based upon the following preliminary figures and discounted 5\: Taxabl e Value $3071243,692 $303,808,099 Base Year (245,631,067) ( 245 , 631. 067) Tax Increment 61,612,625 58,177,032 Tax Increment @95% 58,531,993 55,268,180 The millage rates for the taxing entities are as follows: City 6.20 6.2000 County 4.60 4.3308 Children's Council .22 .2200 2. Interest Earned is fran the following: Certificate of Deposit (Sun Bank) Trust Account (Sun Bank) TIF Escrow (Sun Bank) Loan SUbsidy Escrow Account (First union) 3. other Incane is fran: Contributions to Cœm.mity Activities CatI'm.1nity Activity Ads InFi 11 Architectural Carpeti tion Fees 4. Debt Service to the Ci t v . $1,000,000 for beautification of Atlantic Avenue and $625,848 for courthouse land acquisition. Refer to attached letter fran the City. Revised budget reflects no prepayment of 10/15/92 arrount (at 9/30/9l prepayment of 10/15/91 aroount was rcade). 5. Miscellaneous Proiect Expense is fran: General architectural & planning expenses General project blues, plans, etc. Project legal fees 6. Miscellaneous General & Administrative ExPense is fran: Advertising; Miscellaneous; Penal ties; Public Relations 7. Office EXPenSe is fran: Bank fees; Conferences & Seminars; Office SUpplies; Postage; Printing; Temporary Services ., ( ŒLRAY BI'Aœ <XJIIJHI'l'f RP.Œ.VELOPMIM' NJBNCf PROPOSED !:SU~.L' Pœ FISCAL Y!'AR 10-1-91 'ŒRD 9-30-92 l'ROPŒ1'Y ACXXXJNT Revised Item Budaet aDJet Actual 9/30/91 5/31/92 8/31/92 A. CAS{ BAIRfŒ BmINNIRG OF YEAR $71,825 $78,112 $78,112 B. Revenues Property Rentall $62,200 $57,675 $55,373 Interest Incane 1,000 1,300 994 Property & Sales Tax Reimbursement2 10.057 7.490 7.764 Total Revenues $73,257 $63,540 $64,131 C. Property Expenses3 Advertising $0 $15 $15 Insurance 2,800 2,800 2,139 Maintenance, Repairs & Trash4 16,700 6,500 51514 Property IlTPrpvements 0 6,655 7,466 Miscellaneous 1,100 1,000 214 Taxes: prrperty & Sal es5 10,057 71615 8,105 utili ties 3.000 4.000 3.944 Total Expenses $33,657 $281585 $27,397 RJMH)ES IN EXCESS OF EXPmmITORES $39,600 $34,955 $36,734 other (Accounts Receivable, etc.) 0 0 (2,506) Transfers (+,-) (27,178) (31,473) D. CASH BALANCE EM) OF YEAR $111.425 $85.889 $80,865 . " FOO'lWI'ES L Property Rental is derived fran the following sources on a m:mthly basis (not including tax): Revised Budqet Budqet 6-uni t Aparrnents $1,800 $1,350 Discount Auto Parts 1,800 1,800 Southl and (inc. overage) 1,095 995 Speedee La\mdry 660 660 2. Property Tax Reimbursement is received fran the following: Discount Auto Parts $3 I 240 126 (Dec.1991 only) Southl and 3,167 5,203 Speedee La\mdry 11357 1,015 Sales Tax is received frau the following, rronthly: Discount Auto Parts $108 108 Southl and 45 45 Speedee Laundry , 40 40 3. Property ExPenses. For properties owned by the CRA incl uding 18 SE 1st Ave. ( 6- unit residential apartments) , Discount Auto Parts, Southland and Speedee Laundranat, and two vacant lots on West Atlantic Avenue. { 4. Maintenance, Repairs and Trash. It is expected that the carmercial property and apartments will be landscaped I painted and partially repaired. 5. Property and Sales Tax. Sales tax is required on carmercial rent revenue. Property tax is required on the carmercial properties. All tenants are billed the tax which is shown in the revenue section. 6. utilities. 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I I -- -- - - W. 5th Avenue --I I , ~ Aloe ... 9" !IP ~ < , I I DoJny CItA U I 1.616 !IP i uJ .- ~~~I ~ = = - < - - - . ~-- ': ~ I!d1GQúœ l~SF I ~ I I 10,896 SF 1 L__ iL___ W. 4th Avenue I -- --- - - . - I ~ Proposed Acquisitions e North '. ' . a , 0 I _.~ I ~ -- I I I I åes~ I I I I . ~!¡; I I ~ ~ : = _t = des..... -= ~ ]!~ I ~ 0 < I < -- _'0 -- = -- -- -- -- .s It) ~ . . ~ ~, I ~ t~" ~~~ ~~S I~~ I QJ I <... ...... :II oñ I :::I .,.. I rö~ I !sa I J:d~ !¡; 0 ~ ___J l__~__i__~_~~ QJ ~ -, Q ~ ~ 3DU3A V J!¡UenV · M. QJ ~ .,.. .. 0 ---l 1-- ~-r--~--~ . .... : 1=». h~ ; h~ ~ = I des lfi-- ã~¡ J ã"· = . I 8~~ 'Q , d~l ~~ I . j~~ , ............. III I = I --~ ~;:}a - - 1et¡; =~ ~ "Sæ I I I {) . QJ = 0 I :B" ~ & -- --l- ÞC I J "Q.~ I I:! e î -- -- 0 ~.... .. ,..:0" ~1Js1 I - -. . i~ ~~ ¡oñ ~ ,.c='8 CJ 'C = ! QJ ¡ ~;: .. . PEACH UMBRELIA PLAZA I ESTIMATED ACQUISmON AND DEVELOPMENT COSTS AND SALES REVENUE I. SOFT COSTS ITEM AMOUNT oon % COMP A. Architectural Fees (Elizabeth Debs) 1. Exterior Renovation $ 10,000 $ 8,470 84.7 (Landmark, Short & Wideman Properties) 2. Tenant Space Planning 6,000 6,000 100.0 (Teleco, Ice Cream Chum, Carolyn's Kitchen, Executive Suites, Bobby's Express, Marie's Boutique, Damiano's) 3. Construction Administration 2,500 540 21.6 4. Blueprints .LQOO 22Q 2M Subtotal $ 19,500 $ 15,300 78.5 B. Other Costs 1. Survey $ 3,300 $ 3,300 100.0 2. Business Planning 10,000 3. Marketing Brochure 2,500 0 0 4. Appraisals UOO º º Subtotal $ 23,300 $ 3,300 14.2 TOTAL SOFT COSTS $ 42,800 $ 18,600 43.5 . -2- II. HARD COSTS ITEM AMOUNT fAID % COMP A. Facade EasementlRenovation 1. Landmark Buildings $ 47,171 0 0 (estimate) 2. Short Building $ 22,448 0 0 (estimate) 3. Wideman Buildings $ 63,957 0 0 4. Reimbursement @ 25% ( 33.394 ) º º Subtotal $ 100,182 0 0 B. Site Improvements & Parking 1. North Parking (43 spaces) a. Engineering $ 7,500 0 0 b. Paving, Curb, Stripe 35,000 0 0 c. North Piazza Paving 3,000 0 0 d. Landscape & Lighting 30,000 0 0 e. Alley & Drainage 13,000 0 0 f. Reimbursement @ 25% ( 22,125) º º Subtotal $ 66,375 0 0 2. South Parking Lot (Wideman Lot) a. Decorative Paving $ 10,000 0 0 b. Landscape & Lighting 3,000 0 0 c. Reimbursement @ ( 3,250) º º Subtotal $ 9,750 0 0 ., -3- ITEM AMOUNT lAm % COMP 3. South Parking Atlantic Avenue (33 spaces) a. Engineering 6,000 0 0 b. Demolition 3,000 0 0 c. Grading & Drainage 10,000 0 0 d. Paving & Curbing 25,000 0 0 e. Landscaping 20,000 0 0 f. Lighting 4,000 0 0 g. Reimbursement -º º º Subtotal $ 68,000 0 0 4. S,W. 4th Avenue Parking (23 spaces) a. Engineering $ 4,000 0 0 b. Grading & Drainage 10,000 0 0 c. Paving & Curbing 18,000 0 0 d. Landscaping 10,000 0 0 e. Lighting 2,000 0 0 f. Reimbursement @ 25% ( 11,000) º º Subtotal $ 33,000 0 0 5. West Atlantic Avenue Improvements a. Professional Fees $ 2,000 0 0 b. Street Lights (14) 21,000 0 0 c. Landscaping & Paving 5,000 º º Subtotal $ 28,000 0 0 Subtotal $205,125 0 0 Site Improvements TOTAL HARD COSTS $305,307 , -4- m. LAND ACQUISmON ITEM AMOUNT lAID % COMP A. Past Acquisition 1. Georgia Town Tavern $ 35,000 $ 35,000 100.0 2. Taxi Stand 27.000 27.000 100.0 Subtotal $ 62,000 $ 62,000 100.00 B. Future Acquisition 1. Chevron Property $ 73,200 0 0 2. Robinson Building 33,417 0 0 3. Arrington Property 17,970 0 0 4. Rolle Property 11,500 0 0 5. Atlantic Property 10,062 0 0 6. Ayesh Building 123,507 0 0 7. Davis Property 8,080 º º Subtotal $277,736 0 0 TOTAL lAND ACQUISITION $339,736 $ 62,000 18.2 TOTAL COST (I, H, HI) $687,843 $ 80,600 11.7 TOTAL PAID COSTS $ 80,600 TOTAL NEW COSTS $607,243 IV. lAND SALES A. North Site (21,282 sf @$5.00 psf) $106,410 B. South Site (25,422 sf @ $5.00 psf) $127,110 C. SW 4th Ave Site (10,781 @ $2.00 psf) $ 21,562 Total Land Sales $255,082 '. . II I í! ~, '~ Dt~ I I. I , ...< ~tII líi~ 'II I () ...Q- ... IIi! ! III . t -¡ I iië~~~'~!1 IJqi i I t , '" :r <'..c.' i I~~ I ~ i~! I I a~~<~~.!i .I,! I II J -, æ - ~ ~ ~. ~t ~Ì ~~ - I ~Jf 'i i i. ; ~. .~t!~ 4.i 11 ~f- U¡j .~ ,. I . 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I -t+ tt , I h !¡ . , H 1:1 ,~ r ' . , ~;j . & ~ '4 ~ F- !' I ~lo f ~! ,~ I If-I IJ t .þ¡ r ~I~l Hf a 1.ð a~ 9 f( .. ;i l I 1J J~ : J ¡ r ~ .:! ,UII ~ It I!~i II Wi! it! IiI WI r Þ ~; it lih iii !.~ II I~~\ ++ -tt . at ~ I d3 , I I , i ~ i ~ \ ,~ I u d? I I~ I! i JI ~: . .., . ~ ( i/. IE; ,< III GO: ~ I 1$ ~I 1 ( ~p< ¡oil II li~ . . ! I f I I . r ~ª~~~i'i Jlill!111 iJ J~~ I 5 J~. I a:'/~<~II:.E.f II I ~ ~t CI)~ ~ f II I, \t .; I '11 If i I ¡ + ~ IIi I!; I I I II Ili!i I I I I ' '~J ,I III II I 1 I I 'i ~ U Ii '. ... .! II ¡Ii Ii : t I ! I !t~11 'I' ,I I II ; i ' IŸl1h B It ill iI ! i I. II ,. 'I I J" i :' ~Ii ~,l ~ ~! ~I . . t r I I' ¡ I II II\I'! . I I' I J h I! fl fill Ii II I ( ': III ill i ¡I! ¡!Iii !!! I"I! ( 11\ I if ! Ii ! II II I,!I ¡Mill i I! Iii ¡ IIII :1 ! If I I' I J I. Il- :11'1 .1 f ' IIIII -I I !I ¡ill 1,lt IIdl ¡II 1111I1 iil 111111 f fll .. J!3 I! 'fa f H,.. I II. .1".. i m:: ¡ ~ ~ ii! ...."'.... ....... I _a '-') ~ _:..._-- " ' !II ~ ~ "I r r < e~ oI~ IIJ I ~ ~~~~I h pili ,III I~ ! I U~~«¡¡:.5.1 III J I ; r , , ¡ , r~~~ a:" o. " g. . 11'1'" f ~ J ,+4 ~ I ,K. t ( b7 ~ 1"'" ~ Ul . ~ ~! i. .. r < a~ ~J ~I ,. it ;~ I ~ ' i! !I ~II F'_I . o . I i d )2 ~ ¡ ~ I . I ~ 5 0, ,I i if: tHtU ~:~ ¡!!, f5,i r- If!h~i ~!u î ) . ~./ ¡ , i -_. . --- . . II '" ~ J I, ~ ~ .Ii r ~ i w I~ ~ ~~ jo/J IJ I II) II~i~ I ~ ~ S ~ ' i ,I Jf ¡Ii i Ilj ) . J . I ~~ .d I U~~<~I5:.5 .1 . . ~ .~ iE !!5 :I: @ ~ , ~ @ ~ ~ . ~~ ,11 t· t ~ ti t r ~n 1\ ~ ~ ~ ¡ , 'I ¡I I! ) ~~ ! i ~ I ~-:a; 1 ;,: I;.· ~i~ f .i·: i ~ ~ .ds , -« ~' I --- ., · Mouw Associates, Inc. June 23, 1992 Mr. Chris Brown C.R.A. 207 E. Atlantic Ave. Delray Beach, FI 33483 RE: Atlantic Avenue Bridge Tender's House Dear Chris: Mouw Associates, Inc. proposes to furnish all material, labor and equipment necessary for the remodel of the Atlantic Avenue Bridge Tender's House as drawn by Currie Schneider Associates' plans A1 through A5 dated March 27, 1992 for a lump sum of Twentv-four thousand fiftv-six dollars ($24,056.00). As per your direction, we have excluded the following: the pair of aluminum doors on the lower west elevation, relocation of the alc unit from the north elevation to the west elevation and the operable shutters on the south elevation. Thank you for the opportunity to service your construction needs. I will call you in the near future to check the status of this project. Respectfully, MOUW ASSOCIATES, INC. ~CÀ~ Richard A. Mouw President RAM:hw General Contractors P.O, Box 2690 · Delray Beach, Florida 33447-2690 · Telephone (407) 276-9640 . FAX (407) 265·3886 · AFFORDABLE HOUSING PROGRAM SUMMARY OF COMMITMENTS (10/29/92) Home Buyer Builder Commitment Date. 1. Lee Gardner Wade Development $ 16,000 7128192 2. Leeokat Kahn Abisset Corporation 15,000 9117/92 3. Roy Sheppard Abisset Corporation 15,000 9117/92 4. Shirley Miley Wade Development 15,000 TBC 5. Rosa Germiny Wade Development 15,000 TBC 6. Guyard Petion Griffin Construction 5,000 TBC 7. Claudette Maxi Griffin Construction 5,000 TBC 8. Wanda Gadson Wade Development 15.000 TBC Total $ 101,000 , ( GUIDELINES FOR AN AFFORDABLE HOUSING PROGRAM Delray Beach, Florida October, 1992 Sponsored by COMMUNITY REDEVELOPMENT AGENCY DELRAY BEACH, FLORIDA TABLE OF CONTENTS ( Description Page Map I - Target Area for Affordable Housing Program 2 Map 1/- Model Block Target Area for Lot Acquisition 13 I. Introduction 1 A. CRA Plan 1 B. Geographic Target Area 3 C. Housing Objectives 3 Table 1: Single Family Home Cost Comparison 4 D. Architectural Design Competition 6 II. Program Description 8 A. Lot Acquisition 8 B. Home Buyer Assistance Program - A CRA Second Mortgage 8 Table 2: Home Buyer Assistance Qualification Criteria 9 C. City and County Fees 9 D. Consortium for Affordable Home Financing '10 1. Construction Loan Assistance 10 Table 3: Financial Institution Participants 10 2. Permanent Loan Assistance 11 Table 4: Mortgage Cost Comparison for a $60,000 Loan 12 E. Construction Loan Guarantee 11 F. Lot Acquisition Target Area - The Model Block 14 G. Home Buyers Marketing Program 14 H. Schedule 15 Table 5: Schedule of Program 15 I. Program Cost 16 Table 6: Cost of Program Components 16 III. Appendix Exhibit I - Builder's Agreement xx Exhibit /I - Model Block Memo xx RFP Document xx Allamanda Gardens Brochure xx \ I. INTRODUCTION í The Community Redevelopment Agency ("CRA") of Delray Beach adopted its affordable housing program on March 5, 1992, and revised their 1991-92 budget to reflect a funding commitment of $100,000. Since the adoption of the program, several projects and individual housing proposals have received commitments for funding or loan guarantees by the CRA. The projects include the ten-lot subdivision, "Griffin Gate," located on South Swinton Avenue and SE 4th Street, and the "Model Block," located on NW 5th Avenue between NW 2nd and NW 3rd Streets, sponsored by a non-profit community development corporation, "Technology Enterprise Development Center." In addition, the CRA has issued several second mortgage commitments to individual purchasers of affordable housing. In an effort to simplify the initial program, the following revised guidelines provide the specifics for implementation. The program will encourage private sector home builders and individuals to construct affordable housing in areas of the City affected by blight. The inducements include: * providing unencumbered, single family, vacant lots to builders and not-for- profit sponsors and individuals at affordable prices; * second mortgage financing to qualified home buyers; * providing builders and individuals access to construction loan financing through the Consortium for Affordable Home Financing and other lenders; * assistance to home buyers in obtaining permanent mortgage financing through the Consortium for Affordable Home Financing and other lenders. A. CRA PLAN This program is authorized by Policy B-4.3, (page 5.3), of the Community Redevelopment Plan, stated as follows: "The Community redevelopment Agency shall implement an Affordable Housing Program to increase affordable housing opportunities in the area and to demonstrate the type of ¡nfill housing which could be built on available vacant lots within the CRA" The implementation guidelines for this CRA program shall be consistent with the 1 '. MAP 1- TARGET AREA FOR AFFORDABLE HOUSING PROGRAM I Q I "..... I -""i"",___.- LAKE ~~:c~f! ' t EDEN ~ ---- f I -'- Þ ~ ---:...........-.- ~------ ~-- , ...~........ f ,1 1/ I I ~ : 0 0 5l ..- Lot Acquisition ~ "C Target Area ;: "C Program Target Area 2 ., program objectives contained within the Community Redevelopment Plan 1, and stated as ( follows: "Provide decent, affordable housing for residents who are of low to moderate income level" "Stabilize and preserve neighborhoods through redevelopment and the elimination of blight" "Create an atmosphere for a mix of income levels within deteriorated residential areas of the CRAil "Establish a CRA role in the provision of relocation housing. II "Demonstrate the housing product for relocating residents. II B. Geographic Target Area The CRA's 9¡aphiC boundary for the program will be the area that is bordered by 1-95 on the West· . Ave./Federal Highway on the East, Lake Ida Road/N.E. 4th Ave. on the North, and S. \.E. 101h Ave. on the South. Refer to Map I for a graphic depic\1on of the area. Gl~ C. Housing Objectives The majority of the vacant lots within the target area vary in land area from 5,400 square feet to over 10,000 square feet; lot widths range from 40 feet to 75 feet and lot depths from 120 feet to 144 feet. The program will encourage the construction of single family homes, containing anywhere from 2-4 bedrooms with 1 or 2 baths and one covered parking space (either a carport or garage) on a minimum 50 foot width lot. Allamanda Gardens, a 36-unit housing project recently completed in the Southwest area of the CRA, serves as an excellent example of the housing needed in the target area. The objective of the affordable housing program will be to subsidize a portion of the cost of the home in order to lower the end price to the home buyer. The program will attempt to create a range of homes priced from $60,000 to $75,000 which would attract families and individuals whose incomes range from $17,500 to $35,000. Please refer to Table 1 for an example of housing costs which are lowered with assistance. 1 The City of Delray Beach Community Redevelopment Plan, 1992, page 4.10. 3 · TABLE 1 ( PROFORMA COMPARISON FOR SINGLE FAMILY HOUSE Description of Cost Actual Cost I. Preconstruction Costs A. Land1 $8,000 B. Architectural Plans2 750 C. Survey and Soil Tests 500 D. Infrastructure Costs3 1. City Sewer Connection Fee 1,084 2. City Water Connection Fee 788 3. City Meter Installation 525 4. City Utility Deposit 75 5. City Building Permit Fees 1,162 6. City Park and Rec Fee 500 7. County Impact Fees 1,972 8. County Radon Fee 13 Subtotal Infrastructure 6,119 Subtotal Preconstruction Costs 15,369 II. Construction Cost4 (1,250 SF @ $37.00/SF) 46,250 III. MarketingS 750 IV. Financing6 A. Construction Loan Fee & Appraisal 800 B. Construction Loan Interest ~ Subtotal Financing 2,350 V. Profit and Overhead (15%) 9,708 TOTAL COST OF HOME $ 74,427 VI. Less Second Mortgage by CRA7 -15,000 TOTAL EFFECTIVE COST OF HOME S 59.427 I 4 · FOOTNOTES TO TABLE I ( 1. Land. Lots typically range in cost from $6,500 to $10,000, depending upon lot width and location. 2. Architectural Plans. The fee of $750 is budgeted, utilizing one of the design competition's award winning designs or a builder's own plan. Fee is based on reuse of the initial plan for several units. 3. Infrastructure Costs. Neither the City or County will waive their fees. 4. Construction Costs. The costs are based upon a concrete block home set on a concrete slab, typical for the area and include landscaping. 5. Marketing. Budgeted at 1 % of sale to pay real estate broker, if required. 6. Financing. Loan fee of 1 % of construction loan. Construction loan amounts to 80% of sales value or $60,000. Construction interest based upon a 4 month period of construction, 30 day period between completion of the residence and closing, and a 30 day period prior to construction (land carry only). Appraisal costs are $200. 7. Second Mortgage. Provided by CRA based on need and income. Refer to Table I 2 for subsidy level guidelines. The mortgage would carry no interest and will self amortize over a period of 10 years. 5 .. · D. Architectural Design Competition ( The CRA sponsored a design competition In the Summer of 1992, limited generally to South Florida registered architects, the purpose of which was to generate Innovative design approaches to affordable housing. The competition sought ideas in both methods and materials of construction as well as creative floor plans and elevation design. Successful designs can be utilized by any builder or individual. Copies of the winning entries are attached in the Appendix. The winners of the Architectural Design Competition are: First Prize (4): John Meachem 441 N. Hibiscus Drive Miami, Florida (305) 531-5208 Marilys Nepomechie/Molly Feldham-Adams 1805 Espanola Drive Miami, Florida (305) 856-0240 Ted Hoffman 266 Giralda Avenue / Miami, Florida (305) 442-4608 Wayne Berenbaum 7860 Glades Road Boca Raton, FJ. (407) 852-3604 Second Prize (2): Dan Carter/George Brewer 204 NW 9th Street Delray Beach, FI. (407)272-7301/(407)272-9621 Rosendo Marcet 11411 SW 61 st Street Miami, Florida (305)443-7758/(305)274-4199 Commendations: Shubhankar Sanyal/Elizabeth Chaisson 9849 Nob Hill Lane Sunrise, FJ. (305)741-0672 6 " · -Starving Artists- Commendations: ( ( Glenn Pate/Alberto Abad 6863 NW 6th Way Fort Lauderdale, Fl. (305)772-8777 7816 NW 70th Ct. Tamarac, FI. (305)276-3546 Daniel StuverlHarriet Boyce 2003 B. Lewis Mountain Road Charlottesville, Va. (804)296-6273 ; 7 II. PROGRAM DESCRIPTION ( Components of the CRA program include vacant lot acquisition, second mortgage subsidies based on need and income of the home buyer, and construction loan guarantees for model homes. The following sections describe these elements in detail. A. Lot Acquisition The CRA will purchase vacant, single family lots primarily in the area of the Model Block Program (refer to Map II). Where possible, lots will be contiguous. Other lots within the designated Geographic Target Area for the Affordable Housing Program may also be purchased, if they become available. Program lots shall have a minimum width of 50 feet. In the event lots are less than 50 feet, the acquisition policy will be to add frontage to adjoining lots if such adjoining lots are also vacant. The acquisition process will include an appraisal by a certified appraiser and a survey. Prior to appraisals, the CRA will order title reports in order to determine ownership and discover any liens or encumbrances associated with the property. The Director of the CRA will contact the owners on behalf of the CRA; the CRA will attempt to offer fair market value for the lots, based upon the findings of the appraisal. All liens and encumbrances will be required to be settled by the lot seller at the time of closing. In the event liens and encumbrances are greater than the fair market value of the lot, the negotiator for the agency will contact lien holders in order to determine the feasibility of settlement at a value \ equal or less than the fair market value. In the event sellers and buyers, and lien holders cannot reach an agreement, the agency would terminate negotiations. In the event all parties come to an agreement, then closing would be scheduled. These lots will be made available to builders including nonprofit sponsors in the Affordable Housing Program. Any lot sold to a builder or individual will contain a reverter clause in the event the lot is not built upon within 12 months and will contain a design approval covenant. The lots will be sold in accordance with State of Florida statutory requirements of advertising for projects. B. Home Buyer Assistance Program - A CRA Second Mortgage As a key ingredient to a successful affordable housing program, financial assistance will be provided to the home buyer. The CRA, with cooperation from the "Consortium for Affordable Home Financing" will administer the home buyer assistance program. Assistance will primarily include second mortgage financing depending upon the income of the home buyer. The second mortgage would be interest free and self-amortize itself over a period of ten years. If during any period that the second mortgage is in effect the house is sold, the remaining balance of the mortgage would be required to be repaid. Refer to Table 2 for the range of subsidy. 8 A buyer receiving a second mortgage subsidy must purchase a home from an ( approved builder (including non-profit). The builder will be required to meet minimum standards and must enter into an agreement to meet certain building standards. A copy of the Builder's Agreement is attached in the Appendix. TABLE 2 HOME BUYER ASSISTANCE QUAUFICATION CRITERIA Household Income % of Median Income Funding L.evel1 $43,500+ 100% + $3,750 39,150 - 43,500 90% - 100% $3,750 34,800 - 39,150 80% - 90% $5,000 30,450 - 34,800 70% - 80% $7,500 26,100 - 30,450 60% - 70% $11 ,250 21,750 - 26,100 50% - 60% $13,500 I 17,400 - 21,750 40% - 50% $15,000 Less than $17,400 $15,000 1 Funding levels will be adjusted by family size and financial needs. Two year's income tax statement and verification of income required. C. City and County Fees The CRA shall coordinate with the affordable housing builders to seek the reimbursement of City and County permit and impact fees. As described in Table '1, the cost breakdown of a typical single family house, fees for sewer and water (City), traffic impact (County) and building permits (City) amount to over $6,000. In the event the vacant lot is one which had in the past an existing residential structure, an effort will be made to negotiate with the City and County to waive their respective fees (excluding building permit fees). Palm Beach County has a policy concerning impact fees which allows the waiver of the fee if a residence had occupied the 9 lot during the past four years. ( During the course of this program the CRA will meet with and encourage Palm Beach County to participate in the CRA's affordable housing program; in particular, the funding of County impact fees. The County has already set up a two million dollar fund for impact fees for affordable housing in 1992, to which the CRA program will apply for funding. D. Consortium for Affordable Home Financing 1. Construction Loan Assistance The program will provide to builders and individuals seeking construction loan financing introduction to numerous local lending institutions who wish to participate in the affordable housing program. These institutions are particularly interested in complying with the Federal Regulations enacted under the "Community Reinvestment Act". Please refer to Table 3 for a list of institutions who have indicated an interest in the CRA Affordable Housing Program. TABLE 3 FINANCIAL INSTITUTION PARTICIPANTS ( 1. Consortium for Affordable Home Financing Arthur L. Fleming, Esq. Executive Director 2090 Palm Beach Lakes Blvd., Suite 1000 West Palm Beach, Florida 33409 (407) 478-7100 2. Participating Banks and Savings and Loan Associations include: Sun Bank First Union Bank First Federal of the Palm Beaches NCNB Bank of Boston Banker's Trust Amtrust Bank Chemical Bank Flagler National Bank Essex Savings Bank 10 2. Permanent Loan Assistance ( Prospective home buyers will be counseled in a mandatory four hour course sponsored by a lending institution, taken prior to closing. The major participating lending group will be the member institutions of the Consortium for Affordable Home Financing, a Countywide organization located in West Palm Beach, Florida. The Consortium will provide to qualified applicants the following financing incentives: * 95% financing * waiver of private mortgage insurance * most competitive interest rate in the County (except bond fund rates) * lower appraisal fee * origination fee - 1/2% * processing fee - 1 % * no points on Joan * no application fee These incentives will add to the affordability for home buyers by reducing monthly principal and interest costs. Refer to Table 4 for a comparison of mortgage costs between conventional program and the one proposed by the Consortium. E. Construction Loan Guarantee The CRA will provide a maximum of 25% loan guarantee to any qualified builder who wishes to build a speculative home and needs credit enhancement to obtain the construction loan. The loan guarantee would be carefully monitored. Only one loan guarantee will be issued to a builder at a time. The speculative home provides a very much needed inventory of new homes and additionally provides a model to the public. 11 TABLE 4 ( Mortgage Cost Comparison for a $60,000 Loan Description Conventional .LQan Consortium .LQan Principal Amount $60,000 $60,000 30 year Fixed Rate 1 8 1/4% 8% Loan Fee 2 1/2% 1 1/2% Application Fee $75.00 $0 Credit Check Fee $75.00 $55.00 Appraisal Fee $350.00 $205.00 Principal & Interest Monthly Paymenf $450.76 $440.26 Private Mortgage Ins. Monthly Fee $30.00 $0.00 Taxes & Insurance $60.41 $60.41 I Total Monthly Payment $541.17 $500.67 Income Required3 $25.976 $18,2Q6 1 May fluctuate with variations in interest rate. 2 Mortgage based upon 95% financing. 3 Based on 25% ratio; stated in annual terms; 33% ratio for Consortium. 12 '. MAP II - LOT ACQUISITION TARGET AREA - ~ ::n¡ .- lUIo.._ _ - .' I,M" ._;. " "" ...' ~~. , .. ,...'_ I!I'I!I!, ,. · ~... , ': 'f i: .. -. - I 1 ' '~ I. .~ I ( ~ I : : G7) . I 'RE-! lJB ' . · ..' . . ~L R. -3 (I) I . !DI n,. 17' i·...' /I ·.....11 I. BL CK . (.' , 10"'1 .1 ' " , , I. "! I . ), . f.,,' ." . " _ I ~'I . 7"" ru,,, ~ I f----{ t= I ,,) f:---{.f~l'\--, -'z,'" '. ~ I~'I .(21- 10) ·Ir-s-u c:.' I ~, ,IISU:JIIl: ~ , (2.4 1/3) : I . : I r-etC K : ~ é(' ( 5 65) 'I : 4 7: t- I' , . /I ", 2. 5 : é( I: " ~, ' l;- I ' , 1 ~ .,,' .,~ ." , I (I - 3) I ~ .. I ' f-- : ., .. I :,1' . ( 5 2) '~ I!... 'a .(12 B6)' ~ ~Ii " It IS' , '.. ;. _ Ha u;..' .w' ',tll",,., ,.' II' .....10 20....} lIi,¿~",'..!11 _....of Þs.." ~ IW L==:__L::=_ rd- -- __ _ ST a.=__ = - '4' .. J. W:·'..' ~ I'" . u' ::"·z. 'I' ~ I~ ..,. III - ~ · I. ,2 I,. ,r ::. ~ <I J, I' - I ':-- ~ é( ~ I -4 "::.:~ :,7) ~ ...., j, --.-J ~ CI !-::I 1ri': I. x .:. -1 . . : :i: . ® J. 'Si ~ ,0::; -Y-'I.M~II ~Lf'~ ~ ,10 @) ~I;-i-® ® ® ~ Hso~: == = .r:: I~ ',: ~;.s- ~ ~ I~'O- 147): ;-- <D _ ~ .,. ~ f-=:'r:-: - )WI~ OF UEL AY ~ III" ~ 1 ~ tfj ~ ',;.:t= , ,J I ~~I..U 1:,1 :: :: ,.../} ,It .... ::1'" Læ = NW r;::.-. . ... -:- ;t-- ST - --=- I \!,..'... " :: ,'H' 7 ì 1#' " I 'J .r:: .alfI[' I' -.-;. I - ;. " s: ,:REPL OF', ~ ~. :I~~' CF (I : . ~ 27: I . -:...; I: (1\.. ,,,, . . (21 - 3: : _ ) ® Ii··..,.. ~ I..., ..." ,.11 (3~~!T-- @ _ 5 '3 _ '-- ( I - 3 ) ~. CITY HALL '-- ~ z ~ z I 9" ~ 9/f Z ", !... - ". ,.. ïíII.....w -llt---~ "L ~. ,,'" f.' "'I:fUll '.. ~,I /1.11 , ÌI ~ Ii I I ~ tl' E It; , SUe! _I G ~ " ·'1- - If 1--1 ZD Jl " MT. LIve' ': ~ ..",=I%~ I - ,:.. - - 19 ~ '''14 "·..'3 AI EV . PLA~ I ~ ~ ~ (14. 71 :. I · : . r®- ~ ~- , I I: :L-- \í¿9 - _I , : . . r '--- TENNIS COUATS - :" ==@=.,"A" ATI"I.:~~E;.t. III jm lilIl~' I ~ - PLAZA ..., ATLANTIC. "j"- -AVE--l ISA JJminn1 1II il,l. -' ~ffi ITm'h 13 F. Lot Acquisition Target Area - The Model Block I The CRA is evaluating a proposed Model Block Program being initiated by a neighborhood organization in Delray Beach, Technology Enterprise Development Center. The Model Block concept includes capital infrastructure improvements of several blocks in the northwest neighborhood (see Map II). The improvements include curbing, re- pavement of the street, upgrading of water, sewer and drainage systems, landscaping, street lighting and sidewalk installation. The improvements would be requested to be paid for by the City. As part of the program the CRA would purchase vacant lots and provide the lots to builders (including non-profit sponsors) and individuals for the construction of affordable housing. Refer to Exhibit" in the appendix for a brief description of the project. Any lots owned by the CRA and sold to builders or individuals must go through the "RFP" process: The RFP will be judged on several criteria; * Purchase price offer * Qualifications of the builder including housing track record, financial ability. bank references, quality of construction and other criteria. * Architectural design and housing costs All RFP purchasers must enter into an agreement to commence construction within 3 . months from the date of closing and to complete construction within 9 months. . G. Home Buyers Marketing Program The City's Community Improvement Department in conjunction with the CRA and Consortium for Affordable Home Financing will manage a Home Buyer's Marketing Program, consisting of the following: * Periodic mailings to Delray Beach residents, providing a marketing brochure on the Affordable Housing Program and information about builders' homes available for purchase. * Conducting seminars on home buying and financing. Financing pre-qualification would take place at the seminars, and builders will be available to show their lots and homes. * Non-profit organizations including LlSC, Habitat for Humanity, and TED will be available to discuss their housing programs. * Presenting the Affordable Housing Program at important institutions including churches, Chambers of Commerce, home owner associations, schools and other groups. 14 · H. Schedule The Affordable Housing Program proposes to follow the schedule outlined in Table 5. New housing starts are expected to commence construction in September of 1992 with homes closing to new buyers by the Winter of 1992. TABLE 5 SCHEDULE FOR PROGRAM Task Description Start and Completion Dates 1. Program Approval by CRA 12/15/91 - 10/15/92 2. Lot Acquisition 03/15/92 - 12/15/93 3. Architectural Design Competition 04/15/92 - 09/15/92 4. Lot "RFP" to Builders 10/15/92 - 12/01/93 5. Marketing Program (1 st Phase) 05/15/92 - 11/15/93 6. Building Starts & Completions 08/15/92 - 12/15/93 7. Home Buyer Finance 07/15/92 - 12/15/93 8. Home Buyer Closings 11/15/92 - 01/15/94 15 · I. Program Cost { The proposed annual cost of the affordable housing program for Fiscal Year 1992/1993 is $200,000. A cost breakdown by program component is given in the fOllowing table: TABLE 6 COST OF PROGRAM COMPONENTS PROGRAM NET COST 1. Purchase 2 lots in 1992 and 3 lots in 1993 and resell to builders or individual at market value ($8,500 to $10,000 per lot) on "RFP" basis* $ 9,000 2. Provide interest-free second mortgage (up to appraised value of lot plus city and county impact fees) to home buyer over a 10-year period $175,000 3. Marketing program by CRA and Consortium (1 seminar) $1,000 4. Administration of program by CRA (1993) $10,000 I 5. Credit enhancement for builder's loan on model (spec) home; CRA guarantee -0- 6. Affordable Housing Design Competition Publication $5.000 TOTAL ANNUAL BUDGET 19921 $200,000 1 Maximum Cost (will vary depending on number of lots and units sold) 16 .. ' , . Property Acquisition Map Mount Olive Redevelopment I I I I I , - .. I I -- -. -- W. 5th Avenue !~œ-~l ,-- I - - I , $IooIIriAr<* ~-~ : ~ ~' 14,640 SI' I -=, _œ.. ~ CJ .- oW -= ~-- ~ .- -- -.- : ~.~ ~ : ~~ I I - - 1-- . ~ r- .: Ca,_ : , , '~J - - I lo-pwm.. _œ.. 1O,OIS SI' I ~ I ,---' I 1O.S96 SI' I I I I ~~j Lu iL_. -. I W. 4th Avenue , - I I -- - - -- -. - ~ Proposed Acquisitions e North . U -. I lB. ; ã~~ I ~8~ Is¡" I I ----- ---- !I:!~ uI ~'~ ......... ;:¡..st: I I _ _ _ _ . I I I I I .E I !5 , I ~ .E 6 -- -- I I I I I I .å~~ I I I I ~!;; I ~ ~ : = ~ = = -ã~", = ~ )!~: ~ < I _u __ < ,.C -- -- -- - - ,.C .....- .....- ~ ~ ~ ~'I 711 I t~ ð~~ l=~ 1~~ I.~ ___J L_:~::~'.~::ä: _.1 ~ ~ 3DU3A V J!}U81}V · M. ~ .- .... o ---l 1-- ~--r--~~--r-~ . ~ : I~~. I~~ : ;=~ ~ = . : ~~~ ip. ::.~' ð~l l :§';ft; . = . 8! 1 -- - ~Q Lð" I . :i I . I Ð . I:!¡! I ............ E ¡~~ __ __~ .H~~ I .! ~ '. MT. OLIVE REDEVELOPMENT PHASE I ESTIMATED LAND ACQUlSmON COSTS AND SALES REVENUE Parcel( s) Assessed Value Estimated Cost'" A. Land Acquisition 1. Shatz Building $ 126,649 $ 168,443 2, I.A.S. Inc. Building 371749 50,206 Subtotal $ 164,398 $ 218,649 B. Land Sales 1. Shatz Building and I,A.S. Building $ 163,986 * Estimated acquisition costs are llQÌ based on appraisal. Cost is 33 1/3% above assessed value. .. . ~L EAST ATlANTIC AVENUE I '" illii] ~ z : !: ~i " 0 ~ 10m .., '" i g! .. s ž ~ l:i :0.- " SERVICE 0 ~ / ~ 0 : ~ I z (') H z : H trj ! ~ ~ en ~ ~ : H H ! C/) / .. .._0' tr1 "-"-" tv :z Ö , ~ .. > . ~ , H_H-1J_._.· ~ : 'S: : tr1 / ~H--1~L._~ I : ; : ; J L._. LH_"~ SE 1ST -..-..- '. ""l ¡"- Site Plan Downtown Cinema . Property Acquisition Map Downtown Cinema & Mixed Use J I I ! I Loo_,___.._..~ L.._____.--1 East Atlantic Avenue .......... .... .. -. Þo. c.. "'" 57 . ... ~ :s s:: ' ~ ~ ~ "1::S I I . L.._ SE 1st Street i I ,--"-"! !"~'-'I 001 I- I i . I I I ·1 I I I I I I I I ~ Proposed Acquisitions ð) North . J L.._.._.._.._.._..J Loo_.._.._..J E Alia . A IlIdepaulul ute ,. ast ntic venue Accldeal I... Co. 6,611 SF "l r-··---¡-43:r--·I"---"'iõ·'i~"l . .r .. S230~:'J I I .. ThOllllll oar !;¡ 2,895 F IlIdepudul,. ~ $79.1 AccIdeal l-. , .\- , I a~,":, , L..~ '=[ I I $191,114 ~ f 0 NeIJ-.L I J L.._oo_oo--L,_.. ..~~r i ,--J l ....., ¡: I'~l' : '''---:-.w:¡:--oo r "-'w:¡;--oo 1 " . Oly or Delny :. Oly or Delny ~ : å 7,930 SF 7,930 SF : . ~ - ladepeadelll ute" I " ~ Acddeal la. Co. ::t ~ '!!I 25,416 SF ~ ~ " , ~ . $161,854 '/ " ~ I'~ De1ny Exec:. Mall :: Ddny Exec. Mall i ~ I ~ ,,! :ZO,I69 SF 18,887 SF : ~ · e - Ul~ ~~m W. S ~. ~,. ::t . 55' ~ - ~ ~- _1' r: -"-'l' f--- ¿ ~ . Hd.. Roselli i Josepl& Achao. I ~ '= '. ':;:: ~, , "":.';::: 7/ :, J L I la $39·13 1/' r'Vlctor ~'l I "-'-", .,.. I :¡ 6,818 SF ,. ....-- M tta : .~ ... $50,433 ....... .nI : , ~----11 '= ~ .---ff· : Radkay Russell ,- ,-, I M.rprel DIU : J'¡ ; ! I-,:;-l ~~J / L JL SS2.8S2 J · . W . "_"_00 oo_._oo . ..JL!... Loo_ SE 1st Street i I ,'--l ,--, 11 r- I I I ' I '\ I I I I I I i I I I Property Ownership Map Downtown Movie Theatre Delray Beach, Florida Delray Beach Community Redevelopment Agency ~ ~ .. II' W .. .... Note: Val..es bas.d Oft 1991 Properly T.x RoD AIsessm..1 .. · DOWNTOWN CINEMA SITE ESTIMATED lAND ACQUISmON COSTS AND SALES REVENUE Parcel(s) Assessed V alue Estimated Cost* A. Land Acquisition 1. Independent Life (3) Property $ 461,506 $ 250,000 2. Shoaf Building 79,180 150,000 3. VFW Building 63,911 100,000 4. Dill (2) Property 65,202 73,860 (16,772 sf @ $4.40) 5. Executive Mall Property (2) 99,196 195,275 (39,055 sf @ $5.00) 6. Appraisal, Survey & Planning ------ 10.000 Subtotal $ 768,995 $ 779,135 B. Land Sales 1. Cinema Site $ 279,135 (139,271 sf @ $2.00 psf) * Source: Estimated cost nm based upon appraisal. ., ,,' I \ QØ! _.~ L. I L._ . . ! '3r~j\ 'V' '7tlf"(YtLY . . . .. l '. r'- ¡" N : \ ~ ~ \1\ ~ I ~ ~ ~ ~ /':: j ~i ~ .-..-...--. . _, _. -L l il~il.llD . 0~ ' '. ~ ~r- . i ~3f , ~ · ~ ...{ .3~ : ~ l¡I' .," . . . . L.... . .. . . ~ " ',. · . " ~~ -': I; · ~' . · 1o.;;J. , tt.: .: . t : . , ~ Jr = '. , .:...,.. ~ e ~ '.> Q I ...... o.' o.' :.. " ',...... I ~ ~ ~ ~ ~ ~ . . ' \A ~ ' . '" ~ ~ . ",........... . ..'. ..., 5- . . t ~ \0 . . ,~'& ~ ~ t"-- _.J j~ ~ ::at L ~; : ~- ..... Q~ ~.L~ ..Lsl .-;.'f'J .l:tOi..~ ') ......B =00 I " .~ , I { Property Acquisition Map Block #76 & # 84 Redevelopment _..~ I .. .. .. ..~I .. I L.. NE 2DC1 Avenue -.. í"'T' ,... , '- "0", I" : . L~~ L.. I - - G.I G.I :I . G.I ': ~ : C .~ G.I r" < u u,' U .-I .- : ~ M&A~-=r-" - c Z · t-.-- " ~ ',845 SF : R. COIda : L i-Ø 0 . L._ .,L: otP : .It\ !~~ - NE 1st Avenue I I .. " .. .. .. I I .. I I ~ PrOposed Acquisitions e North ., ! Qði . . --~ , L.. ~ . . - ~ ~n1'faf\~ ?/.l~'1'1I-\t l I·· .. .. .. ~ 4 0 ! - , ..'~,!~L?LL.,~ : L ~ . l ,..,.. ~ -~~ '"' . . it rI, ¡ ,<;11 ~ 8 ~ 0:- ,g.: = II> t.,¡~ I II ,- v . v .. ., .. a v,",¡ -0 ë ~ 00 : itrl, "::l- v 0\ ~ ~. ~~~ 0-:. .,"'... :t =...~ l!~~ : ' t.....= ..!!... U \Ù ~ ":::I . 11 ", ~ . . , 0': ~ ~ ~ ~ ~ If:¡ ït~&! a:~¡ ~ ~ == u =""1. ~ r- 8....'<1' .,"'~ ~ ~ ~ =.,,00 =Ir-: tN'" a t- j ~to- ....~ '$\ ' ~ ~~ II ... U U I - ~ ~ ' . :I ~ = = -z : v ,.... a -:z: ~~B , ~ = ~ . ~'"'N :~.. ~~~ ':T url,... 4"- ;., 01 to- ~ ~ ~ "j- e~sf .- ~ -~~ ~ ~ 8- !N ; ='"'~ \C ~ l. ;rI, .". ~~¡ ..!I = ... 0 t'-oo ~ ! "00 _08 ., " , . = ~ è j v a : Q, - L g ~ ~ . 0,",'" ..t ,~ . J : ~ r:. .-:r L....., ":! . ~~æ~ ¡£~ ~ .I,~Z, - l~ð..L~ 1311 . a't'J I I -- .. I í 1 I " BLOCK 76 ESTIMATED lAND ACQUISITION COSTS AND SALES REVENUE Parcel(s) Assessed V alue Estimated Cost· A. Land Acquisition 1. Pierce (2) Buildings $ 367,733 $ 479,086 (55,321 sf @ $8.66) 2, Lync1are Building 65,514 87,133 3. Craig Furniture Building 91,948 122,290 4. Appraisal, Survey & Planning ------ 10~000 Subtotal $ 525,195 $ 698,509 B. Parking Lot Costs 1. 185 spaces @ $1,000 per space $ 185,000 C. Land Sales 1. Lync1are Building ------- $ 73,340 2, Pierce Building (NE 1st Ave) ------- 75.000 Subtotal $ 148,340 * Values are 33 1/3% higher than assessed values. Costs are nQl based on appraisal. " ' , Property Acquisition Map South Courthouse IT Atlantic Avenue ¡-:u ,-- r I I I ~~~ CRA I I 8,816 SF I L_. ~. I-·~ % , I I / CRA 27,038 SF ~ ' ~ ã i . = , = ~ ~ < < .... -- = rI.2 ~ S ~ = .- 00 I ~ . .00 I Palm Beads Couoty 33,738 SF I I I I _.~ SW 1st Street . Proposed Acquisitions ® North "' SOUTH COUNTY COURT HOUSE PHASE n lAND ACQUISITION AND DEVELOPMENT COSTS Parcel(s) Assessed Value Estimated Cost· A. Land Acquisition 1. Norris Apartments $ 489,020 $ 500,000 B. Renovation 1. West Atlantic Avenue Commercial Property A. Landscaping and Irrigation $ 5,000 B. Fencing 1,000 C. Parking Lot Resurfacing 6,000 D. Dumpster Enclosures 1,500 E. Clean Up 500 F. Painting 2,500 G. New Doors and Windows 2,000 H. Bathroom 5,000 I. Flooring Removal 500 J. Contingency l.QOO Subtotal $ 25,000 · r~'- ..,,,, ~;"~,:--------_.-------._..- ... [ITY DF DELRAY BEA[H' ~:\ s t no - - . II ! ;" ._~~J": ~. t October 9, 1992 100 N.W. 1st AVENUE · DELRJt.S.,E~9::1,.F~QFÜbA~4 · 407/243-7000 Karen T. Marcus, Chair and Board of County Commissioners 30l North Olive Avenue West Palm Beach, Florida 33402 Re: South County Courthouse Phase II, Delray Beach, Florida Dear County Commissioners: We respectfully request that you include early in the County's five year capital improvement program funding for architectural and engineering design for the second phase of the South County Courthouse complex. In addition, we strongly recommend that funding be included no later than fiscal 1996-97 so that construction can commence on the facility on or before December 31, 1996, to coincide with our current interlocal agreement. We have included for your reference a copy of our interlocal agreement for the Courthouse complex. This agreement requires the City of Delray Beach and the CRA of Delray Beach to provide the balance of the property needed for the second phase. The success of the first phase of the South County Courthouse has been beyond expectations. Recently the City and CRA attended a meeting at the South County Courthouse, hosted by Judge Dan Hurley, in which Judge Hurley discussed the great demand for the facility for family law and probate matters. Indeed, he found it necessary to propose severely restricting the geographic area being served in order to prevent overcrowding of the existing facilities. Your facility is an important part of our redevelopment process. It is vital that the second phase proceed. Placing this project in your capital program now will enable us to move forward with orderly and timely acquisition of this property. Thank you for your consideration and we look forward to assisting you at this very important project. Encl- cc: Judge Hurley THE EFFORT ALWAYS MATTERS '. ( . - COU'Irl'Y COURTHOUSE AGREEMERT RESOLUTION NO. R-86-1201 RESOLUTION OF THE 10ARD OF COUNTY COI1MI 55 lONERS OF - PAUf lEACH COUNTY, FLORIDA, AU!kORIZHC THE [XECUT1ON OF IJf INTERLOCAL ACREEHEHT 1E:T\l[EEN PALH lEACH COUNTY, TH! CITY OF DEL~Y lEACH, IJfD THE DELRAY lEACH COHKUNITY REDEVELOPMENT ACENCY. WHEREAS, the County dedrn to con,truct a nev hc111ty to hou.e . nev Courthou.e and other lovernmental facIlities; and, WHEREAS, the City of Deluy leach and the County desire to cooperate to have the facUity constructed in dovntovn Del ray leach to dde In the redevelopment of one of Pal.. leach County', important municipal area.; .nd. WHEItEAS. the County, the C~ty o( Delray leach, and the Delray leach Community Redevelop"ent Alency have alreed to collectively provide a ten acre .ite for the con.truction of the nev facility. ( NOV. TREIl£FOR!, IE IT RESOLVED IT THE BOARD OF COUNTY COHHISSIONERS OF PALM BEACH COUNTY, FLORIDA, that the Chair and the Clerk of the Board of County Commi..ioner. are hereby dIrected and authorized to execute the att.ched alree.ent betveen Pal. leach County. the City of Delray Beach. and the Delr.y leach Community Redevelopment A,ency. .. The foreloinl resolution va. offered by Commissioner Splll1u vho ~ved it. .doption. The motion v....econded by Commis.ioner Owens .nd upon beinl put to . vote. the vote va. .. lollov.: ., UIlDf T. KARCUS Aye JERRY L. OWDfS Aye UN SPILLlAS Aye DOROTHY R. VIUDf Aye tDf ADAMS Aye The ebair thereupon declared the resolution duly paued .nd .dopted thll 12th day of August . 1986. PALH lEACH COUNTY. FLORIDA. BY ITS 10ARD OF COUNTY COMMISSIONERS John I. Dunkle, Clerk Iy ~t~ ~ )),(i,("t . ¿? Deputy Clerk I .- 6.7 .. ". INTEILOCAL ACIEEHlNT IETWEEN rALH lEACH COUNTY - - ( THE CITY OF DELIA! lEACH AJI1) THt DELIAY lEACH COKHUNITY REDEVELOPKENT ACENCY Thh Asr~~II~nt ~nt~red into thh 12th day of AU6ust , 1986, by and b~tveen rd.. luch County, h~relnafttr call~d "County", a political subdivision of th~ Stat~ of Florida, and th~ City of D~lray lI~ach, hereinafter referred to aa "City" " a lIunicfpal corporat ion existln. under the lav. of the State of Florida, and the Delray leach Co_unity Redevelopment A.~ncy, hereinafter referred to as "As~ncy", an asency utabl1shed purauant to Florida Statute Section 163 rart 111. WHER£.AS. the County duirea to construct a nev facUity to house a courthouse and other Sovernllental facilltlea, and \"1IEREAS. the City and the AI~ncy de.lre to cooperat~ with the County pursuant to thia agreement to have the facil1ty constructed in dovntovn Delray leach to aid in the redevelopment of one of 'alII leach County's important munlcipal areas; NOW, THEREFORE, in conl1deration of the autua1 proNhu set forth belov, the parties aere. a. fol10va: f I. The City agrees to convey to County by varranty deed. the fom of vhich 11 attached hereto in Exhibit A, the property described therein, vhich vhen taken together vith the rights-of-vay referred to in Paragraphs 2 and 3 constitute .pproximately 6.63 acru, aubject to the restriction th.t the property be used nc1uaively for a cqurthouse and other governmental facilities as .et forth Exhibit A. The City. at H. expense, shall .upply County with a .arketabtl title in.urance policy for the property in the å.ount of $600,000, toeether vith a boundary survey, shevins the righta-or-v.)' de.cribed in Paragraphs 2, 3 and 10, within thirty (30) days of the execution of thh agreeNent. County sh.ll thereafter have fifteen (IS) daya to exa.lne the title and auney and .ake such objections a. deelled re.son.bly necess.ry to the County to the title proposed to be conveyed. There.ftet City shall have thirty (30) days to correct such title deUciencies or othervise Il1n the County'. approval of .uch title exception.. Clo.lne .hall occur fifteen (IS) day. .fter the lat~r of the County notifyine City that it has no objection, to title or City correctinl any title exceptions a. noted by County. I 6.å .. . - -. 2. The City acree. to eoaaenee proceedinCI nece..ary for the . - ( abandonllent of the nction of Southvest Fint Street (ltaYlIOnd St rut) betveen the \Jut risht-of-vay Une of Southveat Second Avenue (Soven Street) end the !ut richt-of-vay Hne of Southveat Third A\'lnue anel shall cause .aid rilht-of-v.y to be conveyed to 'alII Se.ch County as part of the project plrcel, The Clty .hall bear the full cost. of processlnl luch abandon.ent and .hall provide Count)' vith a .arketable title , Insurance po11C1 In an yount equal to the fair lIarket value of the property at the tille of convey.nce. J. The Cl ty .haU cOtNllenee neceslary proceed Inc. to abandon the section of Southvelt Third Avenue (Ieatty Street) betveen the South rlsht-of-vlY Une of Atlantic Avenue .and the North dcht-of-vay Une of Southvest Firat Street (lta)'1ftond Street) and Ihall cause laid abandoned rlsht-of-va)' to be conveyed to the County al part of the project parcel. City Ihall belr the lull cOlts and expenle ol proce.slnc such abandonment end .hall provide County vith a marketable title insurance policy In an allount equal to the fdr .arket value ol the property at the tille of conveyance. II. (A) The Asency acreel to Icquire and lub.equently convey to ( the County upon the vdteen demand ol the County. at no COlt to the County, the property deac ribed in Exhibit I, attlched hereto. It 11 anticlplted that the County viII not need this additional property until a future date vhen the expanlion ol the project is necesl.ry. The County r . acree. to cive the I&ency tvelve monthl vritten notice prior to requirinl the property froll the acency. and in any event. vill not require the property belore the 31at of Deceaber, 1996. Within tvelv. aontha of the receipt of the County'a "rit ten delland. the Acency ahall cause the property described in Exhibit I to be conveyed by "arranty deed to the Count)' free and clear of all liens and encu.brances vh.tloevet vlth the exception of those "hich have been apptoved In advance b, Count,. The Alency Ihall lupply County at a&encY'1 expen.e, at the ti.. County tak.. pOlselslon of the property. vith a aarketable title policy inaurinc the CountY'1 interllt In tha proplrty in an Imount equal to th. f.ir .arket v.lue qf the property at that tlae. U) In the event the County .hall require the add it 10nal property prior to Dece.blt 31, 1996, then Agency. it. .uec...ou or 6.9 . . . au tan., aaree to cooperata vith the County In the early acqullltton of . - { the property and ahall chara' County, it any charae at all, no mora than the total feGlalntn. balance out.t.ndlnl .t the tiee of tha urly acqul.ltlon o( the debt obll.atlon Incurred by tha a.ency for tbe Initial acquisttton of the additional property, Aaency aareu to cooperate In the structurlna of the acqut.ltlon to enable County to ~ake .uch an early acqul.ltlon at the lovest po..lble co.t. , (C) It ia the de. Ire o( all partie. that thl. a.reeeent viII accoeplhh the construction of a nev courthouae and otber lovernllenul faellltie. in doVfttovn Delray Beach on ten contilUou. acre. of land. The Agency .haU disclose the plan (or and certHy to the County'l .athfactlon the agency'. abIlity to.per(o~ ttl obli,ation. under thl. larttGlent vithin thirty day. o( execution o( thl. alreellent. (in In the event the alene1 1. di.solved, I. deauthorized or seize. to ed.t (or any reaaon, then In that event and to the extent legally peratl..ible, City doe. hereby a.,ulle and a,ree to undertake and fulfill all of a,enc,'a obll.ationa under thl. alreeaent. 5. The County alree. to lea.e back to the City for a noainal ( .UII the exhtin, poUce ataUon .ite, ducribed In E1tbibit C attached hereto, pursuant to a triple net le..e alreellent. County .h.ll ret.ln the rtlht to approve any non-Iovernatental u.e. the City aball .ak. of tbe extsttn, .tructure. The ri,ht of the City to u.e the facility .hall only last, untn luch Ulle a. the County, in it. .ole dhcutlon, d.te~in.. .. that the .ite i. needed for additional parkin., future conatructlon, or sllch other purpo.e. al the County .hall deUrwine to be In the but . intere~t of the project. In any event, the County ahall .,r.e to provide . City a mlnillua of lix (6) .ontha notice of the need to vacete the existing poltce .t.tion lite. 6.(A) The County agrees to con.truct . nev courthouae .nd other ,overnllent.l facilitie. on tbe property provided by thi. .,reellent subject to budgetinl and the compliance vith all Florida lavl, applicable ordtnanell, and rulu and ululation. of the variou. lovernatenul agenct.. havln, juri.diction over ..atter. related to thil project. (B) City alree. to initi.te and proce'l all necelsary chanlel to the CItY'1 comprehenstve land u.e plan, zonln, fllulatlon., i ordinances, and other rule. and relulatlon. to "ske thl. propo.ed project con. htent and In 6.10 . . confor.ity vlth the City'. cod. of l.v. .nd ordinanc... 1Iith rup.ct to - - ( the property to b. r.ceived by County pur.uant to 'aralr4ph I, 2 and 3 of thlt a,u'Cllent, the Ci ty ·Iue. to in!tht. and proces. .11 n.c....ry chan,ea to the City'. cOllpnhen.iye land UIe phn, loninl r·ldl.tion., ordinanc.. .nd other rule. and relul.tion. to .ak. the propo.ed project consistent and in confonaity vlth the City'. Code of Lav. .nd Ordinance. vlthin ninety (90) day. of execution of thls asre.llent. With ulard to the property to be received by the County pursu.nt to Par'lraph , and 10, City asrees to Initi.te and process the .... necess.ry ch.n,.. prior to the r.celpt of the property by the County. The County .ha11 be required to sub_It the proposed proj.ct for deve10p"ent reviev pursuant to the City'. normal r.view proce... The City asr.es to expedite the reviev of such sub_lttals. (C) County alree. to cOllmenc. conetructlon of the nev facility vi thin tvo (2) ye.rs of the effectlv. date of the 1..t ch.nl' nec.ss.ry to the CHy'. cod.. for the conltructlon of thlt project. City represent. and conUnna that vlter, lever and ItOC. dralna,e facilities are available on .lte and there 11 adequate capacity for ISO thousand ( Iquare feet of courthouse and other lovern.ental faci1iti.. at no cOlt to County. Once said utilitlu are available and present It the lite, County agreu to pay all standard u.er cherles pur.uant to CHy policy. 7. Co_encin, on the openinl of the nev f,cility, if In the eound dilcretion of the Chief Judie of the ISth Judicil~ Circuit, there i. In .pprehen.lon of inldequlte facility .ecurity at the .Ite, then upon vritten nquut of the Chief JudIe, th..Clty 'Iree. to I.el,n one full ti.e po1~ce officer to' the .ecurlty of the .1te .nd l..edl.te .urroundlnl area., full ti_e, extendins froll one hour before .nd continuinl until one hour dur the noc.a! opeutlnl houri of the facUlty, It no cost to County. Thts security vill continue to be provided by the City until such time that the Chief Judl' II .Itl.fied froll .tatlstlc. or any other circumstances th.t the lite b .dequately secun vlthout the .pedfic assignment of .uch a patrol officer by the City. \ 6.11 ., : , . . - ( a. City and County alrea to provide each other. at no cost. vith the necessary easesent. to allow for Joint acce.s to the .ite to be ahared by traffic lenerated by the courthou.e project and the City's nev public safety buildine. 9. (A) The City repruent. and conU",s that there current 1y exist. or provhlons have bun aade at no co,t to County, for aU .. necusary si.nal1zaUon on Atlantic Avenue at the vestern property line of the Courthou,e project at the intersection of the ,hared acce,. drivevay .nd Atlantic Boulevard, .nd for all neces.ary suckine and deceleration lanes and other roadvay .odifications to accoftmodate traffic a.soclated vith the development of the ten acre .ite in conjunction vith the nev public safety buildin.. If .uch are not provided. City a.rees to provide and pay their cost.. (8) The CHy and Alency aeree to continue their effortl to improve the Atlantic Avenue area .0 a. to encoura.e hleh quaUty commercial' development, to prevent cri.. , and to provide' for the neces,ary landllcapine and beautiUcation con.htent vith the ( recolllllendationa of the Atlantic Avenue tuk Force and the CitY'1 comprehensive plan. (C) The City acltnovledeea that the proper and adequate liehtine of the ten acre facility II necelsary to enhance the .afety and security of individuals utlUdne the lite. The City aeuu to allow .. liahtlne vhich in tha .ole deteralnatlon of the County I. adequate for the purpo.ell of the .Ite. . 10. The City aeree. to Initiate and proce.. the abandonment of Southve.t Second Avenue between Atl.ntlc Avenue and First Street and any other abandonment. reque.ted by the County for alleyvays or rllhts-o!-vay contained vi thin the property to be conveyed to the County pur.u.nt to r.r'eTaph 4 of thla acreement and .hall cauae uid rlehtl-of-vay to be conveyed to ral. leach County a. part of the pToject parcel at the ti.e the County demandl the additional property pursuant to Paulraph 4 of thl. acreelllnt. Th. City .haU provide County vith . lIarhuble Utle in.urance policy In an lJIIount equal to the fdr .a rllet value of the property .ubJect to the abandon.ent at that tho.. Th. City .h.ll bear ! the full coat of proceasinc such abandonment.. -- 6.12 .. . . 11. Vith rupect to .11 ri.htl-of-".y to be .bandoned by the ( - City under Para.raph. 2, 3 .nd 10 of thil '1 ree.ent, if .ny of such rilht-of-vay. cont.in City uHl1tlu, then CHy vUl, if necess.ry, reloc.te .uch utll1tiu without co.t to the County. In .ddition, the City sh.ll cooperate vith County in the relocation of utilities not under the control of the City. 12, For the purpose. of this 'Iree.ent, not ices provided for , henin .h.ll be dee.ed .uffic1ent "hen .dduued to the follovinl .ddresses .nd depo.ited in the United St.te. H.il: .. P.l. Beach County Office of the County Ad.ini.tr.tor 301 N. OUve Avenue, Covernllent.l Center, Suite 602 Vest P.l. Be.ch, Florid. 33401 b. City of Delray Be.ch Office of the City H.n.,er 100 M. V. Fir.t Avenue Delr.y Be.ch, Florid. 33444 C. Office of the Executive Director Delray Be.ch Co..unity Kedevelop.ent ^Iency 64 S.!. 5th Avenue Delr., Beach, Florid. 33444 D. Cary H. Brendenbur. Pal. Beach County Attorne, 301 H. Olive Avenue í CoverRllental Center, Suite 601 Ve.t P.l. Beach, FL 33401 Thil Alree.ent .hdl ~ 211 .nd void if not dined by .11 partiu by 2' '2,. ,1986. di VHER!FORE, the p.rt e. hereto h.ve .et their h.nd. .nd ,41.1. on the , .et forth next to their .ian.ture.. o¥.:u:~ Çf(r1a-l/}-Q/ k«~.~ J. Ì7~ f':.:i R \CAJtEN t. HARCUS JolQf B. DUN !, CLEJlX FA BEACH COUNTY PALH BEACH otJMTT AUG 121986 ~,Jc.t.sj I~ ,/.!l.f..1:z.- DØ;' DATE I ~ ;;0 /f..' , ( ({ ~" ;. ¿/~ ' ATTEST: cm O' DELL" .EA" ~ cm CUB< ~ ð£<. (":> CIty OF DELRAT BU.!:H / C '{, · '1" '/ ¿." f ,/'. t! ~ / f' ,rr:, DATE /. . /' .".. , _/, .", 'c,,- ," C ." ~ :-' ~ ~"c. ø" _ .. EXECUTJvt-DJRECTOR C ITY REDEVELOPHtNT ACENCT ~ 1\ -,q&b DATE l /'" 6.13 .j E:<IIIDI r '.".. . I - ( I I I TH IS WARRANTY DEED .ade the i£LL day of Þ:.",/. A. D. I I 1986 by CITY or DElRAY BEACH, FLORIDA, hereinafter called the Irantor, to I I PAtH BEACH COUNTY, FLORIDA, vho.e po.t office addre.. 1. P.O. Box 1989, Ve.t 'ala Beach, Florida. 33402, herelnafte~ called the Irantee. WIT H E S S ! T H: , That the grantor, for and In consIderation of the .u. of $10.00 and other valuable con.lderatlon., receipt vhereof h hereby .cknovledled. hereby Irant., b.rl.ln., .ell., .llen., relll.e., rele.se.. I conveys .nd conflrlls unto the Ir.ntee, .11 th.t cert.ln land .Ituate In ,.111 Beach County, Florid., to-vlt: All of Block 4S, DELRAY BEACH, Florida, .ccordlnl to the plat thereof on file In the Office of the Clerk of the Circuit Court In and lor Pal. Beach Coun~y, Florida, In Plet Book 4, pale S4 of the Public Record. of ,.1. Beach County. Florid.. lots I. 2. 3. 4. 9. 10. 11. .nd 12, Block 46. Delr.y le.ch. I · Florida, accordlnl to the pl.t thereof on file In the of lice of the Clerk ol the Circuit Court In and for 'alII Be.ch County, i Florida. In Plat Book I, Page 3. of the Offlchl Record. of : Pal. Beach County, Florida. : This deed 1. .ade for the purpo.e of 11vin, and ,r.ntin, to the I Irantee. it. .ucce..or., lela! representative. .nd usl,n. , title to the .bove-de.cribed re.l e.tate. for the con.tructlon of a nev courthou.e and other ,oyernllenul facUltl... to j include but not be Hllit ed to jud ida! and rdated , .d.ini,tr.tIve office., and office. for ellployee .erylce. and I ( parHnl are..; .nd 18 .ade, executed .nd deliyered vith the expre.. under.t.ndln, .nd condition th.t .hould con.truction on the .boye de.cribed project not have commenced within tvo ,e.r. · of Ir.ntee receivin, all .onln, and other relul.tory approval. fro. Irantor, or if the .ame .h.ll eyer be discontinued or I abandoned a. a Courthouse or other related facUlties , the title to .ame .hall thereupon revert to and reve.t in the I . grantor or It. a..l,n.. ~ : TOCETHER vith .11 the tenelllent.. he red italllent. and i appurtenances thereto beionlinl or In anyvl.e appertalnln,. : · TO KAVE AND TO HOLD. the .... In fee .I.ple foreyer. ! . AND the ,rantor hereby cov.nanta vlth .dd anntee that the I ,rant or i. lavfully .el.ed of .aid l.nd In fee .llIIple; that the ,rantor has lood rilht .nd lavful .uthority to sell .nd convey .ald land: th.t the Irantor hereby fully v.rr.nt. the title to s.id l.nd .nd viII defend ~he IiIlle 'Idn.t the l.vful clal.. of all per.on. whomsoever; .nd that : .ald land 1. free of all encullbrance.. 111 WITIIESS WHEREOF, the add arantor haa daned .nd ...led the.e present. the day and year flr.t above vrltten. , 6usç.. O'.ßvìsV\ . CITY OF DElRAY BEACH, FLORIDA By: /.V II VHne.. DOAJC S. CM1PBELL. Ill, MAYOR I A ) Atte.t:þ...~~4~~4. ;1 .//,,·,..'l-l.'~/. )1:_~~tJ..J :1 WHne.. [LI~3ETH ARNAU. CITY CLEU " J \ I . j I 6.14 . . I . - ( STAtE OF FLOIUDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on thil day, before .', an officer duly authorhed In the State aforesaid and in the Count, aforesaid to take acknovledlmentl. personally appeared DOAX S. CAMPBELL, III, and ELIZABETH ARNAU. a. Hayor and City Clerk, tupect1vely, to .e knovn to be the per.on. described in and vho executed the foreloinl instru.ent and they acknovledled before _e that they executed the la.e. WITNESS -1 hand and official .eal In the County and State last aforesaid this LJ2r:J.day of "ð~ ,,,J.. ,A.D. 1986. ., , ~~ ".,v' II. ) l..._.~ ...J Notary Public, State of Florida "y Cotlllduion E"pit'i~':1 ..1·. ~I.'_ rll~.", i This instrument prepared by: lA, c."', ",. t pc, ':' U. Ino " ....,"" ..... t.., ,....~..... Add re.. I ~ I I I I I I j ( ; - . , ! r , I . , ! . . I I I I 6.15 , .. . - - ( , EXHIBIT "II" , " Lot. I. 2. 3. .nd , le.. the Harth 20 feet (SR 806 Ro.d Rllht of ~ay) AND - .11 of Lot. 5 throulh 12 .nd the Horth 50 feet of Lot 13. Block 53. Delr.y Be.ch. Florid.. .ccordlna to the pl.t thereof on file In the Office of the Clerk of the Circuit Court In and for Pal. Beach County. Florid.. In Pht lIook t. Pale J. of the Publ1c: Record. of Palll lIeach County. florid.. l . ¥ . t .. 6.16 ., . . .. - ( EXHIBIT "c" Lot. I. 2. J. '. 9. 10. II. and 12. Block U. DeIra)' Beach. Florid.. . , ..ccord1nl to the pht thereof on fUe In the office of the Clerk of the Circuit Court In and for Pal. Buch County. Florida. In Plat III.'0k I Pale J of the Offlcl.1 Record. of Pal. lIeach Count)'. FIl.'rlda. ( I ~ . l 6.17 ., -r u \ m¡~ If=m! =1-'- II I ..d _, I n~~!o; <nA t " < ~ ~ JIH ~II tIll rg . J f, I, t th I~ fl ~: J . Z < .... a. w !: (f) w a. t ~ ®I ü: .. - ~. 0 ~ " 0 '( " ~ a: ~( 'i! ,.~ s~ I .J - en ~ I- , Q) , ~ s::: «J CC - .. :¡:¡; I;';!! , - i' II ! "~ 0 e] l '\ I, .;1 i: " ~~~ - )...~ ), " ,.'!'.. -. !..... '" ,- ., I' r; -~ . "; ':: " . 51!~~~ :,:':' " r; :;)- >,,¡'j !! l~ . '-' 19~;g~ ~,~ ..~:: ~ t: :~:r; ; ::: 'I " < ~!\!\ ".: ., . L. ....:, .'.': , < I . .! ..-.... .. t ~" 'i. -/ \._n ¡-'\ ! ;1 Wi; .? - ,,----- ,,--- .---- , ,- . I II ~llli 1m .1 II! I~ I < I JJU ~ Ii ;1 IIi í; . I II I ..J ;;: I- LÙ w ::J 0 .t t------- t --t ~ 1:1: :z z ~ ,8 ,S .. u.I ' < 'i. i -::z .. ~ ..J it -« .. Q. :2 " .-J ~II'I ~ W ~ ;;. \\.... .. :¡ != w:2 "Q ~ - (f) ,¡::; uJ :x ~~ \L" ~ ,¡:w ..(. ~ u.I iD ~¡; ~~ :t ~ :z w ... a: .~ :2 ~ ;:) ~ CJ ~ ¡:¡: 11.1 -.!J ' u :zi :z ::.tj ..( ~I n:::: t- :z uJ t ¢~;: ~I ~ , :I -.J : , " I ~ Il.I -< r " " ::J .. :J !C .. ; \ 5S1 ~o :z ... 101 .<{ :: > '" L :,¡ 0{ " '; ;;: a: ..... '" - ...¡ ... z . ~ " ~ en . ~ ...: .". . ~ -... :I Ir\ '" ~ .. '- - :I. :x '" .. Q) ') '" ;¡ ... ..."", 0 .. ~",J " 7. " 'Z~'1 ' , <,, "'~U\ L___ _ '1 c: ;¡ " ~ .: «J t- ~ m :r ,._.. . lÙ ~ <{ \- 7- \I') \!J £:) If) 13 <:::> v f~ ti. t......· , lL l;- I' I: !I ~ '" . I ~. 1Ù ~"¡ ¡; ILl ... !J-! \:: 1 ! i ~ hi~; '- 7. -'- . , ~ /I zü"Ti n:!"" ji . -., -« = ¡;~: i < .~ L ii '. .aJ to j:! H i \,,) hit:; .! ... .~ II 1'L ~ inl " o Co n.'. ;¡ ~ ~ . ::; t " !~;¡ ! :I I ~ (:;: ii..r: _.. . .-- ---..- -----..-. ----~- ----- · BANKER'S ROW BUDGET I. SOFT COSTS ITEM AMOUNT lAID % COMP A. Civil Engineering (Jerry Church) 1. Survey $ 1,600 $ 1,600 100 2. Design 8,250 0 0 3. Supervision 1,600 0 0 4. Other .uoo -º º SUBTOTAL $ 12,500 $ 1,600 13 B, Landscape Architecture* 0 0 0 C. Electrical Consulting $ 500 0 0 D. Contingency -º -º º TOTAL SOFT COSTS $ 13,000 0 0 II. HARD COSTS - STREET A. Roadway (NE 1st Ave) $ 50,330 0 0 B. Decorative Paving 2,600 0 0 C. Sidewalks 29,644 0 0 D, Landscaping 19,724 0 0 E. Traffic Control Signs 0 0 0 F. Street Lights 12,000 0 0 G. Historic Signage 6,000 0 0 H. Contingency Jl -º º TOTAL HARD COSTS $120,298 0 0 (*Fumished by City of Delray Beach) -2- m. PARKING LOT A. Parking Lot Land $ 35,000 $ 35,000 100 B. Grading & Drainage 6,000 0 0 C. Paving 18,474 0 0 D. Decorative Paving 2,712 0 0 E. Landscaping 9,064 0 0 F. Irrigation 2,712 0 0 G. Lighting 6,000 0 0 H. Kiosk 0 0 0 I. Street Furniture 1,000 0 0 J. Contingency 2mß º º TOTAL PARKING LOT $ 83,000 $ 35,000 42 TOTAL PROJECT COST $ 216,298 PROPERTY OWNERS CONTRIBUTION $ 32,500 NET PROJECT COST $ 183,798 " . C~~::... \S <: ->-. < , ~ -- -- -- '-- - - ilOI UílL-l1 ~~HeHT ,/ - .. IS' ¡\ 4 -- . ./ I......J -' 10 \D I--- "E f- ~ - ~/ ..u " ( I -- S IS I T I I I I ! I , Ih ¡ ~Þ=ca-.f'E? re:::Þ~~ ~, lð' 2-\' ~~~ 10' ij - - - ~ - --- - -,--- - :z:. -. - f- - _, ,A~/t- ~- ,/ f-- ~ - ---I-- ~I--- - f- yj ~ '() + I -~-~- ~-- I tj' RAMP (:) ~ I ' "L ~ I 1 - ¿~D~ ¡ _.~ f-. I - , ! " LA~ / - I--- ARM) i .A-~ .) , '- I ~ I I I "T : I 6' ~It)~ 'f.UÂO ~¡¿. --=t=F II I T I I I .! I I I I I I "( ! , ~LANDoSCAP¡::: HOþt= - / H. ~. l!:t .AY~HU ~ - -HC1~H ., '.. - TRI-PARTITE AGREEMENT FOR TRE DEVELOPMENT OF B.R.R.A., INC. This Tri-Partite Agreement for the Development of Bankers' Row, hereinafter referred to as the · Agreement,· is made and entered into this 8th day of July , 1992, by and between the CITY OF DELRA Y BEACH, a municipal corporation, hereinafter referred to as the ·CITY,· the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y BEACH, an entity created pursuant to Chapter 163, Florida Statutes, hereinafter referred to as the ·CRA,· and B.R.H,A., INC., A NONPROFIT CORPORATION, hereinafter referred to as ·BRHA.· WITNESSETH: WHEREAS, the parties hereto are desirous of joining together and participating in the mutual redevelopment and improvement of the street and infra-structure for Northeast First A venue between Northeast Second Street and Northeast Third Street; and WHEREAS, such infra-structure is to include the upgrading and improvement of the water system (hereinafter referred to as ·Water System Improvement"), drainage system, paving, sidewalks, and streetscape landscaping, street lighting and signage (the ·Street Improvements·) as well as the design, construction, landscaping and signage within the public parking lot on Lots 1 and 2, John B. Currie Subdivision, as recorded in Plat Book 33, Page 196, of the Public Records of Palm Beach County, Florida, hereinafter referred to as the ·Parking Lot Improvements;· and WHEREAS, each of the parties hereto are desirous of identifying the roles that each will play in such redevelopment project as well as their respective financial responsibility and contributions therefor. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. ScoDe of Work, The parties hereto contemplate that the Project shall consist of three primary components, i.e. the ·Street Improvements,· the ·Parking Lot Improvements,· and the "Water System Improvements." Each of said components shall include two primary CRA/TRIPAR.AGR/6-29-92 .. ·'- . . subcomponents, i.e. (i)design, engineering and planning, and (ii)construction. Subject to the terms of this Agreement, the parties hereto hereby agree that their respective obligation for participation in the payment for each such component and subcomponent of the Work is as set forth in Exhibit "A" attached hereto and made a part hereof. Notwithstanding the requirements of this Agreement hereinafter set forth for each of the respective parties to pay for portions of the work as such expenses are incurred, at the conclusion of the Project, the parties shall reconcile their respective contributions and obligations for payment in accordance with their respective percentage of participation for the Project as set forth in the above referred to Exhibit "A." 2. Desil!D. EDl!iDeeriDI! aDd PlaDDiDI! Phase A. Site nlaDDiDI!. The CITY, through its Planning and Zoning Department, will prepare a conceptual site plan at its expense for the Parking Lot Improvements and the Street Improvements within 15 days from the date of this Agreement. The subject site plan shall be subject to the review and approval of all of the parties hereto. B. Conditional Use Annroval. The CITY, at its expense, shall obtain conditional use approval under the existing OSSHAD zoning for the parking lot. The CRA shall obtain permission from the current property owner for this action. All fees for the conditional use shall be waived by the CITY. C. Site Plan Annroval. The CITY will prepare and will process for approval the site plan for the parking lot from the Historic Preservation Board ("HPB"). All fees for site plan approval will be waived by the CITY. D. Enl!ineeriDI!. The BRHA shall engage and pay for the services of a registered professional civil engineer ("Engineer") to provide engineering services for the Street Improvements and Parking Lot Improvements. The CITY will reimburse the BRHA for the portion of the said engineering expenses which have been incurred with respect to the Water System Improvements which the CITY shall be responsible for. The Engineer and the engineering contract shall be subject to approval of the BRHA. The Engineer shall provide any applicable surveys CRA/TRIPAR.AGR/6-29-92 2 .. . \ - required for the improvements and shall meet the minimum requirements specified in the exhibit attached hereto, titled "Scope of Engineering Design Services." BRHA will be responsible for obtaining approval of and paying for all engineering and construction plans; Processing fees and building permit fees will be waived by the CITY. The CITY will investigate County impact fees and endeavor to obtain the waiver of such fees, if any. The BRHA will obtain at the 80% completion stage engineering drawings and shall submit same to the CITY. The CITY will at this point proceed with landscape and irrigation plans. In addition, the BRHA will, at such time, provide a cost estimate to the CITY for the construction cost of the water main and to the CRA for all other Work. The CITY and the CRA must approve their respective costs. E. Landscape architecture. The CITY shall provide, at its expense, landscape architecture and irrigation design services required for the Project. Such landscape architectural plan shall be prepared in consultation with the CRA and the BRHA. The CITY shall obtain all required approvals of such landscape plan and will waive all fees therefor. 3. ParkinS! Lot Acquisition. The CRA shall, at its expense, acquire Lots 1 and 2, John B, Currie Subdivision for the construction of the Parking Lot Improvements. Upon the completion of the construction of the said Parking Lot Improvements, the CRA shall convey by Quit- Claim Deed the subject property to the CITY and the CITY shall accept full responsibility for said property and the maintenance in perpetuity therefor. The CRA shall be responsible for the payment of all expenses relating to the acquisition and construction of the said parking lot. The conveyance to the CITY shall contain the provisions for reversion of title in the event the same is disposed of by the CITY or put to any other use than that of a public parking lot without the express prior written consent of the CRA. 4. ParkinS! Lot Improvements. Water System Improvements. and Street Improvements Construction. The CRA shall provide, and the BRHA shall participate in the bidding, negotiation and contract administration services for the Street Improvements, Water Main and the CRA/TRIPAR,AGR/6-29-92 3 . , Parking Lot Improvements. The contract shall be entered into by the CRA and the payment for such construction shall be paid for by the CRA. The CITY shall reimburse the CRA for the CITY's Water System Improvements construction costs within 30 days after the final completion of the Work. The award of the construction contract shall be approved by the CRA and BRHA. The CRA shall further provide contract administration in consultation with the Engineer, the CITY and the BRHA. The CRA shall post a letter of guarantee to the CITY to insure the completion of the Work, 5, Final Accentance. Upon completion of the Project, BRHA shall submit to the CITY and CRA certification by the Engineer of final completion and final costs including the Water System Improvements final actual costs. The CITY shall make final inspection at the request of CRA. 6. Maintenance. The CITY agrees to provide maintenance in perpetuity for the Street Improvements and Parking Lot Improvements upon completion of the construction. 7. BRHA Oblieations. The BRHA agrees to pay the CRA their twenty-five percent (25%) participation of the costs of the design and construction of the Street Improvements (excluding the Water System Improvements and the Parking Lot Improvements), less such sums as BRHA shall have paid pursuant to the engineering contract as provided for in Section 2(D) above, in the following manner: A. $1,700 upon the execution of this Agreement; B. The balance of the monies are to be paid to the CRA in nine (9) equal installments, each installment due on the first day of January of each year following the completion of the Work. C. The maximum amount of contribution by BRHA shall be thirty two thousand five hundred dollars ($32,500.00). 8 Time for Comnletion. It is contemplated that this Project will be commenced within fifteen (15) days following the execution of this Agreement and the Project completed within one hundred eighty (180) days thereafter. CRA/TRIPAR.AGR/6-29-92 4 '. 9. Arbitration. In the event any disputes arise out of this Agreement, the parties agree to submit such disputes to binding arbitration in the City of Delray Beach, Florida, pursuant to the rules of the American Arbitration Association. CITY OF DELRA Y BEACH By~-r- omas Lynch, Mayor ATTEST: By: Ol;NrnW!:t Nor l-IorJr ¡ Ity Clerk t Approved as to form: I t BY:~;:C)J~ I ! City Attorney WITNESSES: DELRA Y BEACH COMMUNITY REDEVELOPMENT GENCY 0~ .4. cE_"u1K) j ~ ~ It.LuA J 4t1£t ~l ~ Oo.~~ f}/-b- ~~ I.. CRA/TRIPAR.AGR/6-29-92 5 " · . EXHIBIT 'A' I COST ITEM I PARTICIPANT I % PARTICIPATION I A. DESIGN ENGINEERING AND PLANNING 1. Water Main CITY 100% 2. Street Design CRA 75% BRHA 25% 3. Parking Lot Design CRA 100% 4. Landscape Architecture CITY 100% 5. Conceptual Site Plan CITY 100% B, CONS TR UCTION 1. Water Main CITY 100% 2. Curb, gutter, paving and CRA 75% drainage in street BRHA 25% 3. Sidewalk CRA 75% BRHA 25% 4. Landscaping, street lights, CRA 75% signage in street BRHA 25% 5. Parking lot paving, drainage, CRA 100% landscaping, street lights and signage CRA/TRIPAR.AGR/6-29-92 6 ., · [ITY DF DELIAY BEA[H 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 September 2, 1992 Community Redevelopment Agency ATTENTION: Chris Brown, Director One S. E. Fourth Avenue, Suite 204 Delray Beach, Florida 33444 Dear Chris: As previously discussed, the Community Redevelopment Agency has agreed to make a contribution to the City to help offset the operating costs associated with the financing and operating of the Tennis Stadium. We are currently estimating $180,000 of debt service for a IS-year term plus annual operating costs of approximately $50,000. We would like a commitment of at least $50,000 from the Community Redevelopment Agency for the term of the loan. We will be contacting you to schedule a meeting to discuss and finalize this commitment. Very truly yours, "--'--cr-TY OF ~ELRA BEA~H "¡ -~ ...'\/ "',. r Jos h M. Safford ector of Finance JMS/rso/sam cc: David T. Harden, City Manager Rebecca S. O'Connor, Treasurer THE EFFORT ALWAYS MATTERS '" .,.. \ / , ~~ S 0 ~ ()~ ] ::I Õ .c"O :§ ¡ ~ ~ § ~ j 8 <n ~ j~ - = I~ ~ 8 UÑ :] ~~ ~~ ~~§ .ß:~ 8 ~~ "011'\ ~"iÑ ~~ 1I'\i04 - S~ Ð <n ~ QQ ð -!u ~ G)~ :tG) ëm G)>o Eca D..!::: OG) ãiO :; ã! a: ~ °E ::::I E E '3 !! ~ !!(ii ~! '~ =s Go 0 l- I î ij~ "B~ Ü }g ~r! W j" N.r! .3 ~ ...:a:!! J ...!!,!! :I -jr~~~ ~ Ul 0 .¡, Go.. ~.. a: ~ -- InHJj ~uJ a. z -l i i « In ~ !', C\/ "',..¡;, I- C\/ I uh w t:§.3~: Z W .. "r enc!:ih W -- en Hð 8 « ¡~~~ :2 - « ~~~~ð~ :r: æOOO :r: oooO"-Q a...... a. a...... . 00 (0-, ~w i ü> B Ow 10 -'0 I , . CCw . I I I' I II I' a: ::I'¡~ I I j I I I I I I W " . I. ~ " ~ " :: ----...---f".~_ a: /-"---- . ----- . ---- 0 I :2 a: a: ~ ¡ " '" ~ N :Iõ 0) }' I .3 "; ~ : ~ ~~i ¡jF .nU&t\V'_&' °M"N ~ I",j ~ Js u -- « ~~~ :r: 000 a.. . , . . Property Acquisition Map Block #60 Redevelopment ~,-.J I , . ~ L,_ NW 1- Street _0 """=l ,0- . , . . ! ! = = ~ ~ ~ - ~ < CataUaa Baldler < . . UIOSP : 8 ~ R.ea1t7 .' .,~~.~ L.. ' J: ~~-c~D ·L _"0 " ¡ ._SF J_SF":J " Atlantic Avenue -"1 I -J I ~ Proposed Acquisitions ø North '. . _. ~ I . . ~ L. -. [~~ .'~ . ,_D_ I :, 9,J30 SF _-:~ ~~ I 1.1" SF . . 1.1" SF : . . :.. !~::~ . . 1.1" SF .: 1.1" SF : $81,075 I ~1,07I-------1 Everp-eea Rally : I c.,-!~ Ba~ 6,580 SF I' 6,580 SF : ~1!-~13 -:---i' $34:4~~ Evergreea Ratty . r:. . : . 6,580 SF . . $1.8,?1~· I Ever¡reea Ralty : -----1 1'-410j Eyergreea Ralty :. $45,031 =~.~ L.. 16,800 SF . 8,400 SF 8,400 SF . . -- I~ ~~~I _, . I ___. .. -..( I . -, ," Property Ownership Map Tarrimore Redevelopment Note: Values Based on 1991 Property Tax Roll Assessments ., · BLOCK 60 REDEVELOPMENT.SITE ESTIMATED lAND ACQUlSmON COSTS Parcel(s) Assessed V alue Estimated Cost· A. Land Acquisition 1. D'Angelo Building $ 50,315 $ 56,918 2. JFR's intI. Building (4) 318,210 423,219 3. Manimal Residence 45,225 60,148 4. Evergreen Realty Lot 18,018 24,011 5. Appraisal, Survey and Planning ------- 10,000 Subtotal $ 432,167 $ 574,296 B. Parking Lot Construction 1. Demolition ------- $ 25,000 2. 60 spaces @ $1,500 per space ------- 90,000 3. Pedestrian Walk and Other ------- 38,000 Subtotal $ 153,000 C. Land (Parking Sales) 1. 60 spaces @ $2,500 per space ------- $ 150,000 2. D'Angelo Lot ------- 20,000 3. Evergreen Lot ------- 20,000 4. Manimal Residence ------- 45,000 Subtotal $235,000 *Estimated cost is DQ! based upon an appraisal. Cost is estimated at 33 113% above assessed value. ., ' ' . I I j : , , . . . I , ~ I = = ~ ~ < ~ ..ç:: ;: .~ t:l: \C . .QJ Z ~ .~ , ~ -- Existing Tenneco Site ¡ r ! I I I L Beautification Easement NE 8th Street ,.. . . - . f I Tenneco Redevelopment Project . Property Acquisition Map 8th Street (Tenneco Site) Redevelopment I . , - . . . , , ~ : ~ . ~ I = ~ I "ç: -= I .S!' ÞÐ ~ .- ! == . .~ : - - :8 e ~ ~ "= ~ ¡ ¡ , . NE 8th Street I .. . , I I ~ Proposed Acquisitions (j) North .. TENNECO GAS STATION ESTIMATED lAND ACQUISITION COSTS AND SALES REVENUE Parcel(~) Assessed Value Estimated Cost* A. Land Acquisition 1. Kruse Building $ 111,836 $ 148,741 2. Demolition ------- 20,000 3. Appraisal, Survey & Planning ------- 5J!OO Subtotal $ 111,836 $ 173,741 B. Land Sales 1. Kruse Site (Vacant) $ 96,000 (12,000 sf @ $8.00 pst) * Values are 33 1/3% higher than assessed values. Costs are not based on appraisal. ., . - . 6µ l!L ÅVÞJw~ . . .. , · , -. , ~ =.r - ~ · . '<t r~\Nl:r ('54) ~ \= · ~ .... -:L j ~ . · ~ · ~C£., · f';e.iÞT~~i , 4JSoo ~~ · · Site Plan Block #61 Redevelopment .. . . ?~INrDN A\j~UE FbJ I e 0' IS' 30' 60' North Property Acquisition Map Block #61 Redevelopment sw 1st A venue G,¡ = ~ ;.. '< e,¡ := r:: -! '< - I SWinton A venue ~ PrOPOSed Acquisitions e North " SW 1st Avenue . . .. : Lucius SimmoDS 8,376 SF $62,534 . ...... . "8 . . . . = e ." ~ = ,!' = 1IIIr.r. = tIJ .!~ Lucius Simmons ~ < ec 8,376 SF .:::,..; .~ $95,625 CJ --J~ .... .... t' I = ~ = - . -< . . . . .... . . rI.2 ~ . ~ I I .. · , , Joseph Rumore 16,752 SF $167,190 . I · · Property Ownership Map Block #61 Redevelopment . . . . Swinton Avenue Fhd I e 0' 15' 30' 60' North ., · BLOCK 61 REDEVELOPMENT ESTIMATED LAND ACQUISITION COSTS AND SALES REVENUE Parcel(s) Assessed Value Estimated Cost* A. Land Acquisition 1. Rumore Building $ 167,190 $ 222,362* 2. Simmons Buildings (2) 158,159 158,159 3. Appraisal, Survey and Planning ----- 10,000 4. Demolition ----- 40,000 Subtotal $ 325,349 $ 430,521 B. Land Sales 1. 33,504 S.F. @ $8.00 psf ----- $ 268,000 *Estimated costs are 33 1/3% above assessed value and are not based upon an approval. ., . a:UI I · I .\ ~~ I I I C!I f - a::!; f t ~ ~ ...... . ¡:? ~ c I ~ ;1 II ~ i ~ ï . ~ " ~ ~ ~ õ II ~ ~ i 21 ~I~ I" 1'5~ 5 - ¡¡¡~ I . i ... ~ ~ j ~ ~ hi-U 5; ;g! !i~ I ~ I ~ i ~ ~ I 3nN3A" H19 '3'S ~~ ~~ ~~ ~~ " -.- Jr1~ ~ ~---------------/:~ -- W.\ ~. U ,.'f.~ ~Xk'~ ~ ' , ~, 'l~ .,'... , I' -z ' . .. ' , -~ j ; ~ "v ~~. í : ~~~ ~ Ii V . ~: ~ j : c~~ I ~ , ~bC::i::1 ~_ ' :i :i ::¡:::::: ~3~ ¡ I â ., ~D ~~;Jl1l:J~ ~ z ¡ .. -III! ~i~ <I" aß ~ ,'\j ~;J c <I :!~ ~ $::;= ¡¡" ~ ~ i!~ I -¡ """'I' ~ .... ¡ - Q Q (~ ~ .! ' Q ~ ~ !Ü\ -,i~ If:: !.. i ~ /' I "'.' ~ 1 is w la 0 1 « lUlU a )t /' "':. . à U) B J iI! Un! !! I .¡ · ~ C.~' ~' G j ! ! w Q C~! !! ~¡. 3 h ~ ~ \ '~--: IL 3 ~~~a~ ~~ ¡¡@ ): ~~ ' t ( N:,. . /" \ ~' . <t a i"¡¡ n ~ai w ,~ 1 ,!? 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VI IDa V1 w 01.0..1- ..... ð ~)-a ð <L .o,sgð VI ~ ~ VI~dð' ~ U1ð ~ ~~cra: ~ ê::;ð~ ~~~~ (/1 §~m~~3Q~~ ª 5~Q:~IVJ(I1(/) ~ ~ ~.~ § ~ ~ ti ~ t:j ~ a:::U:JO:ÆO~~!'!: ~ I .. f ,- ,.-:, I": II I . · 0 . 0 \.:)......1\...). a i I ua.r.~.. ..'_J so f,&I.OO'...._..... III __... _ _ ........ ..__ _ .. .,..-.0 ooQ ._~_ .___.._ _ !I:to.JlJoo _ "_,,.. '16.~Ii.........-v. ..., .III a~._1N _ 51 .......~ _ ;¡o,o ·.....00""..._ ....Jr~ --"- CUI i ~~ I I ' ' ~ I ~ _ ! II ~] 0 ~ ~ " ... ~ ~ -I II! IIi ~ () r ª h ~7 ¡;; ~ t _ 0::< 2 i. iJ ~ ~IIL - 0<t ... ~. II I 11!!1i sO 0 ì!~ ~,1, <! .J I .....IL ¡,,; f-! --1 !:L i I ) ~¡ I I I cj cj t;t; ?? a: "'''' && BS "'.. !!!! ~ S!!!!! ~!! ~ aNN" R' ! fãl it ~~ ~ J~) Jj I J , w I - ~. .;.:........... ... ~5~ l!tH! :..."...,."".,.......::":.:..::::::'::,:,.: II.. ~ Q~ßI §~ I I U ! J ! i lif If If II I~ Jln I i II! ,~ ¡~ Ii ~l ~iHl.ll I illdlli II, If II : II II ~ I t I ~il I!J I I ~~ 1:iiil 1t!;'il! i f ~J II 11 jl l!t-!ll Itlll.11I~ltr.ll II ~~ II II '¡..IIi1.llt ll~-~l~!ti!l "" ~a ~N 'ilftl! 1 t,ltttl)'I'1 i~~ I!)~f li!II~,!j ;1 .' i IIJ·llljf·I·.·J~¡.ii· ! I e ¡J'!f'l¡¡!!!iii¡i¡!~II! I! I ¡. ¡ ~ ijil 1!IIIII!iIISJJt-J ~ ~ g f I I :.I:::::~ ~ ::II:~~:t~ I i f i ¡ i . .. __ '''0 _ _ ... '.'. . "..-. ... .---... · MUNICIPAL PARKING AND ALLEYS ESTIMATED DEVELOPMENT COSTS A. Development Costs 1. Block 109 (Ace Hardware) a. Landscaping $ 8,067 b. Irrigation 2,500 c. Decorative Paving 2,500 d. Electrical Wiring and Light Installation· 11 ,600 e, Street Lights· ~ Subtotal $ 34,215 2. Block 92 (Hand's) a. Landscaping $ 12,000 b. Irrigation 3,500 c. Decorative Paving 22,500 d. Electrical Wiring and Light Installation· 15,000 e. Street Lights· 14,898 Subtotal $ 67,898 Total Development Costs $102,113 · The Downtown Development Authority will provide funds for Street Lights. ., ZERO INTEREST LOAN PROGRAM SUMMARY OF ACTIVITY 6/1/91 THROUGH 10/30/92 # of Loans $ of Interest Paid Loan Proceeds 33 $ 75,700.89 $ 431,260.32 . . SBCORD AHBRDHIDI'r '1'0 SUBSIDIZBD LOAR AGRlrBMBR'.r THIS SECOND AMENDMENT TO THAT CERTAIN AGREEMENT MADE AND ENTERED INTO on the _ day of , 1992, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and FIRST UNION NATIONAL BANK OF FLORIDA, hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY, " is hereby entered into this day of , 19 - . WIT N E SSE T H: WHEREAS , the parties have heretofore entered into the above described Agreement (the "Agreement") for the providing of a subsidized loan program ("the Program") ; and WHEREAS, the CRA has amended its Redevelopment Plan to expand the "Program" as contemplated in the Agreement to include loans to any owner and operator of any business located within the community redevelopment area for purposes of purchasing inventory, furniture, fixtures and equipment, tenant improvements to leased premises, and working capital ("Business Loan") subject to the terms set forth in this Agreement; and NOW, THEREFORE , in consideration of the mutual covenants and promises herein contained the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks on first come first serve basis. The funds will be committed to an individual bank in accordance with the Program in the order of receipt by the CRA of a written firm loan commitment to individually approved borrowers. For purposes of determining the order of receipt, all loan commitments will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. Borrowers shall be limited to one loan per qualifying property or business. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose ! . as hereinafter defined in Exhibit "A, " to an owner occupied single family residence or a non-residential commercial property ("Exterior Rehabilitation Loan"), or, to a business owner whose business location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating banks in rotating order and upon receipt of the loan application approved by the CRA the respective bank shall perform its underwriting evaluation for approval or disapproval. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, such loan commitment. 3. Upon receipt of an approved loan commitment from the BANK, subject to the availability of funds for the Program, the CRA shall deposit with the BANK in an escrow account a sum equal to the interest obligation computed at the stated note rate excluding any provision for default interest or late payments. The BANK shall hold such funds in escrow pending the closing of the loan with the borrower and upon closing the BANK shall be entitled to draw all of such prepaid interest out of the escrow account. In the event the subject loan is prepaid in full by the borrower, the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid into the escrow account as hereinabove provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full and are in default and have been charged off by the BANK. 4. Upon the closing of a Business Loan with the borrower, the BANK shall disburse the loan proceeds to the vendor providing the inventory, equipment or tenant improvements. The borrower shall be required to submit original ¡ . · invoices to the BANK whereupon the BANK shall disburse such loan proceeds in accordance with the loan agreement entered into between the BANK and the borrower. 5. Upon the closing of an Exterior Rehabilitation Loan with the borrower, the BANK shall disburse the loan proceeds jointly to the borrower and the CITY. The borrower shall be required to endorse the loan proceeds over to the CITY as disbursing agent whereupon the CITY shall hold and disburse such loan proceeds in accordance with the loan agreement entered into between the BANK and the borrower. The BANK hereby acknowledges and agrees that the CITY shall have no liability or responsibility to the BANK except in the case of its gross negligence or willful actions resulting in the disbursement of the loan proceeds without requiring the alterations, repairs, or improvements to the subject real property having been properly completed. 6. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: A. Business Loans: ( i) Loan amount: ten thousand dollars ($10,000.00) minimum to fifty thousand dollars ($50,000.00) maximum; (ii) Purpose: purchase of inventory, furniture, fixtures, equipment, construction of tenant improvements to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to bank's underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal payments; (v) Interest rates: shall be fixed at the prime rate as established by First Union Prime as of the date of closing; (vi) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK) . In addition, an application fee of one hundred dollars ($100.00) for } .. unsecured loans and two hundred dollars ($200.00) for secured loans shall be levied by the BANK. B. Exterior Rehabilitation Loans OWner occupied single family residential home improvements: (a) Single Residential Family Home Improvements: (i) Loan amount on unsecured loans: one thousand five hundred dollars ($1,500.00) minimum to ten thousand dollars ($10,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum; (b) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: one thousand five hundred dollars ($1,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (C) Three or More Residential Units: ( i) Loan amount on unsecured loans per unit: one thousand five hundred dollars ($1,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit "A;" (e) Loan to value ratio: the maximum loan to value ratio after the improvements and including all mortgages shall not exceed eighty five 4 '. · percent (85\) of the appraised value or one hundred twenty-five percent (125\) of the tax assessed value; (f) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal payments; (g) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by First Union Prime as of the date of closing; (h) Fees: (i) Unsecured loans - none, (ii) Secured loans - normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc., (the subject closing costs may be financed by the BANK). C. Non-Residential Commercial Property Improvements: (i) Loan Amount: five thousand dollars ($5,000.00) minimum to twenty thousand dollars ($20,000.00) maximum; (ii) Purpose: qualifying improvements of the exterior of non-residential commercial properties as described in Exhibit "A;" (ili) Loan to value ratio: the maximum loan to value ratio after the improvements and including all mortgages shall not exceed eighty five percent (85\) of the appraised value or one hundred twenty-five percent (125%) of the tax assessed value; (iv) Term: sixty months (60) equal principal payments; (v) Interest rates: both secured and unsecured loan shall be fixed at the Prime Rate as established by First Union Prime as of the date of closing; (vi) Closing costs: normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc., (these fees may be financed as part of the loan by the BANK but the CRA will not be responsible for the interest on the financing of such costs); 2- -. · (vii) COllateral: The loans to be collateralized as the BANK deems necessary. Personal guarantees will be required in all instances unless waived by the BANK. 7. The BANK hereby agrees to commit a maximum pool of funds of one million dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program for a period of one year (1) from the date of this Agreement or until such pool of funds is exhausted through the making of Program loans. 8. It is mutually understood that the agreements and covenants contained herein are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 11- The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. WITNESSES: COMMUNITY REDEVELOPMENT AGENCY By: WITNESSES: FIRST UNION NATIONAL BANK OF FLORIDA By: 6 ., · CITY OF DELRAY BEACH By: Attest: By: City Clerk Approved as to form: By: City Attorney 7 '. " EXHIBIT "A" 1- The following are authorized under the Business Loan: a. Inventory; b. Equipment; c. Tenant Improvements; d. Signage; e. Working Capital. 2. The following external improvements to property are authorized under this program: a. Re-roofing; b. Painting; c. Awnings; d. Shutters; e. Siding; f. Replacement of Rotten Wood; g. Doors; h. Windows; i. Driveways/Paving; j. Landscaping (sod, trees, bushes, plants and irrigation systems) k. Exterior modifications, such as rebuilding a porch. 3. All materials and work must be in compliance with applicable City of Delray Beach Building Codes. 4. Loan proceeds may be used to pay for applicable building permits. 8 " · " RETURN TO: This instrument prepared by: Robert W. Federspiel, Esq. 501 E, Atlantic Avenue Delray Beach, FL 33483 1'ACADB ARCHITECTURAL CONTROL AND REDBVBLOPMBRT BASBMBHT THIS FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT (the "Easement") made this day of , 1992, by and between MICBABL GOCHEHOUR ("Grantor"), whose address is 301 East Atlantic Avenue, Delray Beach, FL 33483, and the COMMUNITY REDBVBLOPMBNT AGBHCY 01' DBLRAY BEACH, an entity created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"), whose address is 207 East Atlantic Avenue, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the Grantee is organized as a redevelopment agency under the laws of the State of Florida and is empowered to facilitate redevelopment of designated areas within the City of Delray Beach, Florida; WHEREAS, the Grantee is authorized to preserve significant properties within its redevelopment area and to facilitate the redevelopment of properties which have deteriorated and are a part of the slum and blight within such area and after redevelopment to preserve such improvements in order to maintain the integrity of the redevelopment project; WHEREAS, the Grantor is owner in fee simple of certain real property in the City of Delray Beach, Palm Beach County, Florida, (hereinafter "the Premises,") said Premises including structure(s) (hereinafter the "Buildings") and is more particularly described below; TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida WHEREAS, the Grantor and Grantee recognize the value and significance of preserving and controlling the architectural appearance and facade of the exterior of the Buildings and the appearance of the Premises as they relate to the overall integrity of the redevelopment of the area within which the Premises are located and have the common purpose of conserving and preserving the value and integrity of the redevelopment efforts expended on the Premises and the surrounding properties within the redevelopment area; and WHEREAS, the grant of the easement by Grantor to Grantee on Premises will assist in preserving and maintaining the aforesaid value and integrity of the Premises and redevelopment effort, as well as providing the assurances required by the Grantee that its redevelopment efforts will be preserved; and WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept, a Facade Architectural Control and Redevelopment Easement on the Premises, pursuant to the Laws of the State of Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor does hereby irrevocably grant and convey unto the Grantee a Facade Architectural Control and Redevelopment Easement in gross in perpetuity (which easement is more particularly described below and is hereinafter "the Easement") in and to that certain real property and the improvements located thereon, owned by the Grantor, and more particularly described as: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida The Easement, to be of the nature and character hereinafter further ex- pressed, shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do upon the Premises each of the following covenants and stipulations, which contribute to the public purpose in that they aid significantly in the preservation of the redevelopment effort put forth with respect to the Buildings, the Premises and the surrounding land area, and which help maintain and assure the present and future integrity of the redevelopment efforts expended on behalf of the Premises and the surrounding properties: . 1. Descrintion of Facades. In order to make more certain the full extent of Grantor's obligations and the restrictions on the Premises (including the Buildings), and in order to control the appearance of the Buildings and when taking in combination with the rights obtained or to be obtained by the Grantee with respect to other surrounding properties the impact on the redevelopment effort with respect to the area which the Premises are located within it is stipulated by and between the Grantor and the Grantee that the external nature and appearance of the Buildings as shown in the photographs in Exhibit -A- are hereinafter referred to as the -Facades.- 2. Grantor's Covenants. In furtherance of the easement herein granted, Grantor undertakes, of itself, to do (and to refrain from doing as the case may be) upon the Premises each of the following covenants, which contribute to the public purpose of significantly protecting and preserving the Premises: (a) Grantor shall not demolish, remove, or raze the Buildings or the Facades except as provided in paragraphs 6 and 7. (b) Without the prior express written permission of the Grantee, signed by a duly authorized representative thereof, which permission may be arbitrarily withheld Grantor shall not undertake any of the following actions: (i) increase or decrease the height of the Facades or the Buildings; (11) adversely affect the structural soundness of the Facades; (iii)make any changes in the Facades including the alteration, partial removal, construction, remodeling, or other physical or structural change including any change in color or surfacing, with respect to the appearance or construction of the Facades, with the exception of ordinary maintenance pursuant to Paragraph 2(c) below; (iv) erect anything on the Premises or on the Facades which would prohibit them from being visible from street level, except for a temporary structure during any period of approved alteration or restoration; (v) permit any significant reconstruction, repair, repainting, or refinishing of the Facades that alters their state from the existing condition. This subsection (v) shall not include ordinary maintenance pursuant to Paragraph 2(c) below; (vi) erect, construct, or move anything on the Premises that would encroach on the open land area surrounding the Buildings and interfere with a view of the Facades or be incompatible with the architectural character of the Buildings or the Facades. (c) Grantor agrees at all times to maintain the Buildings in a good and sound state of repair and to maintain the Facades and the structural soundness and safety of the Buildings and to undertake the minimum maintenance program attached as Exhibit C so as to prevent deterioration of the Facades. Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction whenever necessary to have the external nature of the Buildings at all times appear to be and actually be the same as the Facades. (d) No buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, without the prior written approval of Grantee, which approval may be arbitrarily withheld, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. (e) No signs, billboards, awnings, or advertisement shall be displayed or placed on the Premises or Buildings; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, erect such signs or awnings as are compatible with the preservation and conservation purposes of this easement and appropriate to identify the Premises and Buildings and any activities on the Premises or in the Buildings. Such approval from Grantee may be arbitrarily withheld. (f) No topographical changes, including but not limited to excavation, shall occur on the Premises; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, make such topo- graphical changes as are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. (g) There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the Premises; provided, however, that Grantor may with prior written approval from and in the sole discretion of Grantee, undertake such landscaping of the Premises as is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation, In all events, Grantor shall maintain trees, shrubs, and lawn in good manner and appearance in conformity with good forestry practices. -2- . ,. (h) No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the Premises. (i) The Premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. (j) The Premises shall not be subdivided and the Premises shall not be devised or conveyed except as a unit; provided, however, that the Grantor shall be permitted to convert the Buildings into cooperatives or condominiums and to convey interests in the resulting cooperatives or condominium units, provided that the Grantor shall form or cause to be formed, in connection with such conveyance, a single entity for the purposes of performing all obligations of the Grantor and its successors under this easement. (k) No utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on said land, subject to utility easements already recorded. 3. Public View. Grantor agrees not to obstruct the substantial and reg- ular opportunity of the public to view the exterior architectural features of any building, structure, or improvements of the Premises from adjacent publicly accessible areas such as public streets. 4. Grantee's Riqht to Modifv Facade. The Grantor specifically grants to the Grantee the right to enter upon the premises and to construct such improvements and modification to the facade as the Grantee determines appropriate and in the public's interest as a part of the Grantee's redevelopment efforts in the area within which the Premises are located. All such construction and/or modification of the facade shall be at the Grantee's expense. Under no circumstances shall the Grantee be liable to the Grantor or anyone claiming by and through or under the Grantor for any disruption or interference with the access or view of the premises during such construction activities the Grantee covenants that it will utilize reasonable efforts and diligence in completing any such construction effort within a reasonable period of time following the commencement of such construction. 5. Standards for Review. In exercising any authority created by the Easement to inspect the Premises, the Buildings, or the Facades; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the Buildings following casualty damage, Grantee shall apply such standards as it shall reasonably develop and consider to be appropriate by Grantee for review of work effecting architecturally the redevelopment effort within the area in which the Premises are located (the "Standards"), a copy of the Standards shall be provided Grantee in writing and Grantee shall further be notified whenever the Standards are amended. Grantor agrees to abide by the Standards in performing all ordinary repair and maintenance work and the minimum maintenance program described in Paragraph 2 (c) and contained in Exhibit C in the Addenda. In the event the Standards are abandoned or materially altered or otherwise become, in the sole judgment of the Grantee, inappropriate for the purposes set forth above, the Grantee may apply reasonable alternative standards and notify Grantor of the substituted standards, 6. Casualtv Damaqe or Destruction. In the event that the Premises or any part thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within one (1) day of the damage or destruction, such notification including what, if any, emergency work has already been completed. For purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 16S(c)(3) of the Code (construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property and to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval of the work. Within four (4) weeks of the date of damage or destruction, the Grantor shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer, if required, acceptable to the Grantor and the Grantee which shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Facades and/or reconstruction of damaged or destroyed portions of the Premises; and (c) a report of such restoration/reconstruction work necessary to return the Premises to the condition existing at the date [hereof or of the completion of any required work as set forth in the Easement]. If in the opinion of the Grantee, after reviewing such report, the purpose and intent of the Easement will be served by such restoration/reconstruction, the Grantor shall within eighteen (18) months after the date of such change or destruction complete the restoration/construction of the premises in accordance with plans and specifica- tions consented to by the Grantee up to at least the total of the casualty insurance proceeds. Grantee has the right to raise funds toward the costs of -3- · restoration of partially destroyed premises above and beyond the total of the casualty insurance proceeds as may be necessary to restore the appearance of the Facades, and such additional costs shall constitute a lien on the Premises until repaid by Grantor. 7. Grantee's Remedies Followina Casualty Damaae. The foregoing not- withstanding, in the event of damage resulting from casualty, as defined at Paragraph 5, which is of such magnitude and extent as to render repairs or reconstruction of the Buildings impossible using all applicable insurance pro- ceeds, as determined by Grantee by reference to bona fide cost estimates, then (a) Grantee may elect to reconstruct the Building using insurance proceeds, donations, or other funds received by Grantor or Grantee on account of such casualty, but otherwise at its own expense (such expense of Grantee to constitute a lien on the premises until repaid in full) ; or (b) Grantee may elect to choose any salvageable portion of the Facades and remove them from the premises, extinguish the easement pursuant to Paragraph 26, and this instrument shall thereupon lapse and be of no further force and effect, and Grantee shall execute and deliver to Grantor acknowledged evidence of such fact suitable for recording in the land records of Palm Beach County, Florida, and Grantor shall deliver to Grant- ee a good and sufficient Bill of Sale for such salvaged portions of the Facade. 8. Review After Casualty Loss. If in the opinion of the Grantee, restoration/reconstruction would not serve the purpose and intent of the Ease- ment, then the Grantor shall continue to comply with the provisions of the Easement and obtain the prior written consent of the Grantee in the event the Grantor wishes to alter, demolish, remove, or raze the Buildings, and/or con- struct new improvements on the Premises. 9. Grantee' s Covenants. The Grantee hereby warrants and covenants that: (a) In the event the Grantee shall cease to exist, then all of its rights and obligations under the easement shall pass to and inure to the benefit of the City of Delray Beach, Florida. (b) Grantee may, at its discretion and without prior notice to Grantor, convey, assign, or transfer this easement to a unit of federal, state, or local government or to a similar local, state, or national organization whose purposes, inter alia, are to promote the preservation of the redevelopment effort expended on the Premises and the surrounding properties, provided that any such conveyance, assignment, or transfer requires that the preservation and redevelopment purposes for which the easement was granted will continue to be carried out. (C) Grantee shall exercise reasonable judgment and care in performing its obligations and exercising its rights under the terms of the Easement. 10. Inspection. Grantor hereby agrees that representatives of Grantee shall be permitted at all reasonable times to inspect the Premises, including the Facades and the Buildings. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect the interior of the Buildings to ensure maintenance of structural soundness and safety; inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, and may involve reasonable testing of interior structural condition. Inspection of the interior. will be made at a time mutually agreed upon by Grantor and Grantee, and Grantor covenants not to withhold unreasonably its consent in determining a date and time for such inspection. 11. Grantee's Remedies. Grantee has the following legal remedies to correct any violation of any covenant, stipulation, or restriction herein, in addition to any remedies now or hereafter provided by law: (a) Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin such violation by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Premises to the condition and appearance required under this instrument. (b) Representatives of the Grantee may, following reasonable notice to Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its successors, and assigns, responsible for the cost thereof. (i) Such cost until repaid shall constitute a lien on the Premises. (ii) Grantee shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any such violations including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workman's compensation coverage. -4- · (C) Grantee shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder. (d) In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection therewith, including all reasonable court costs, and attorney's, architectural, engineering, and expert witness fees. (e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 12. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter, or bill received by Grantor from any government authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter, or bill, where compliance is required by law. 13. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 14. Runs with the Land. The obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the premises. This Easement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest, and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and covenants contained in this instrument shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself or either the fee simple title to or any lesser estate in the premises or any part thereof, including, by way of example and not limitation, a lease of office space. 15. Recordina. Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Palm Beach County, Florida. This instrument is effective only upon recording in the land records of Palm Beach County, Florida. 16. Existina Liens. Except for those matters shown in Exhibit E hereto, Grantor warrants to Grantee that no lien or encumbrance exists on the premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or claim of lien that may hereafter come to exist against the premises which would have priority over any of the rights, title, or interest hereunder of Grantee. 17. Subordination of Mortaaaes. Grantor and Grantee agree that all mortgages and rights in the property of all Mortgagees are subject and subordinate at all times to the rights of the Grantee to enforce the purposes of the preservation and conservation easement. Grantor has provided a copy of the Easement to all Mortgagees of the Premises as of the date of this agreement, and the agreement of each Mortgagee to subordinate the mortgage to the Easement is contained in the Addenda as Exhibit F, The following provisions apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises: (a) If a mortgage grants to a Mortgagee the right to receive the proceeds of condemnation proceedings arising from any exercise of the power of eminent domain as to all or any part of the Premises or the right to receive insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises, the Mortgagee shall have a prior claim to the insurance and condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is paid off and discharged, notwithstanding that the mortgage is subordinate in priority to the Easement. (b) If a Mortgagee has received an assignment of the leases, rents, and profits of the Premises as security or additional security for a loan, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off, notwithstanding that the Mortgage is subordinate to the Easement. (C) Until a Mortgagee or purchaser at foreclosure obtains ownership of the Premises following foreclosure of its Mortgage or deed in lieu of foreclosure, the Mortgagee or purchaser shall have no obligation, debt, or liability under the Easement. -5- ·---.--. _..-- (d) Before exercising any right or remedy due to breach of the Easement except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record written notice describing the default, and the Mortgagees shall have sixty (60) days thereafter to cure or cause a cure of the default. (e) Nothing contained in the above paragraphs or in the Easement shall be construed to give any Mortgagee the right to extinguish this Easement by taking title to the Premises by foreclosure or otherwise. 18. Plaques. Grantor agrees that Grantee may provide and maintain a plaque on the Facades of the Buildings, which plaque shall not exceed ______ by _____ inches in size, giving notice of the significance of the Buildings or the Premises and the existence of this perpetual Facade Architectural Control and Redevelopment Easement. 19, Indemnification, The Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend at its own cost and expense, the Grantee, its agents, director, and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in any way relating to the administration, performed in good faith, of this preservation and conservation easement, including, but not limited to, the granting or denial of consents hereunder, the reporting on or advising as to any condition on the Premises, and the execution of work on the Premises. In the event that the Grantor is required to indemnify the Grantee pursuant to the terms of the Easement, the amount of such indemnity, until discharged, shall constitute a lien on the Premises. 20. Taxes. Grantor shall pay immediately, when first due and owing, all general taxes;-special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the premises. Grantee is hereby authorized, but in no event required or expected, to make or advance, upon three (3) days prior written notice to Grantor, in the place of Grantor, any payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge, fine, imposition, or lien asserted against the premises and may do so according to any bill, statement, or estimate procured from the appropriate public office without inquiry into the accuracy of such bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the same priority as the item if not paid would have had and shall bear interest until paid by Grantor at two (2) percentage points over the prime rate of interest from time to time charged by SunBank/South Florida, N.A. 21. Insurance. The Grantor shall keep the premises insured by an insurance company rated "A+" or better by Best·s for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage of a type and in such amounts as would, in the opinion of Grantee, normally be carried on a property such as the Premises protected by a Facade Architectural Control and Redevelopment Easement. Such insurance shall include Grantee's interest and name Grantee as an additional insured and shall provide for at least thirty (30) days' notice to Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. Furthermore, the Grantor shall deliver to the Grantee fully executed copies of such insurance policies evidencing the aforesaid insurance coverage at the commencement of this grant and copies of new or renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee shall have the right to provide insurance at the Grantor's cost and expense, should the Grantor fail to obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until repaid by the Grantor. 22. Liens. Any lien on the Premises created pursuant to any paragraph of the Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic's lien. 23. Written Notice. Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; if to Grantor, then at 301 East Atlantic Avenue, Delray Beach, Florida 33483, and if to Grantee, then to 207 East Atlantic Avenue, Delray Beach, Florida 33483. Each party may change its address set forth herein by a notice to such effect to the other party. Any notice, consent, approval, agreement, or amendment permitted or required of Grantee under the Easement may be given by the Executive Director of the Grantee or by any duly authorized representative of the Grantee. 24. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein. 25, Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. -6- . · (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this instrument, and this instrument shall be interpreted broadly to effect its preservation and conservation purposes and the transfer of rights and the restrictions on use herein contained as provided in the Act. (b) This instrument shall extend to and be binding upon Grantor and all persons hereafter claiming under or through Grantor, and the word "Grantor" when used herein shall include all such persons, whether or not such persons have signed this instrument or then have an interest in the premises. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest (present, partial, contingent, collateral, or future) in the premises by reason of a bona fide transfer for full value. Any right, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. (c) This instrument is executed in counterparts, each page of which (including exhibits) has been initialed by Grantor and Grantee for purposes of identification, In the event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. Except as provided above, each counterpart shall constitute the agreement of the parties. Immediately after execution hereof, one counterpart shall be held by each of Grantor, Grantee, and the preparer of this instrument, Robert W. Federspiel, Esq., one counterpart shall be recorded as provided above and may be returned to Grantee. (d) To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Premises may be developed to use more intensive (in terms of height, bulk, or other objective criteria regulated by such ordinances) than the Premises are devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Premises during the term of the Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the preservation and redevelopment conservation purposes of the Facade Architectural Control and Redevelopment Easement. (e) For purposes of furthering the preservation of the Premises and Buildings and of furthering the other purposes of this instrument, and to meet changing conditions, Grantor and Grantee are free to amend jointly the terms of this instrument in writing without notice to any party; provided, however, that no such amendment shall limit the perpetual duration or interfere with the preservation and conservation purposes of the donation. Such amendment shall become effective upon recording among the land records of Palm Beach County, Florida. (f) The terms and conditions of this easement shall be referenced in any transfer of the property by the Grantor, his heirs, successors, and assigns. (g) The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (h) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this instrument and such ordinance or regulation. (i) This instrument reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. (j) Wherever the approval of the Grantee is required in this Agreement, such approval may be arbitrarily withheld. IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this preservation and conservation easement to be executed, sealed, and delivered; and Grantee has caused this instrument to be accepted, sealed, and executed in its corporate name by its and attested by its Secretary. -7- · WITNESSES: GRANTOR: Print _...: Print RUleI GRANTEE: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH By: Print 11_: Print H_: Secretary Title: 207 East Atlantic Avenue Delray Beach, FL 33483 Tax ID t STATE OF FLORIDA } } SS COUNTY OF PALM BEACH} Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared MICHAEL GOCHENOUR, who has produced a driver's license with identifying number issued within the past 5 years as identification and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that he executed the foregoing instrument freely and voluntarily, for the uses and purposes therein expressed. SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by MICHAEL GOCHENOUR this _ day of , 1992. Notary Public [SEAL] My commission expires: STATE OF FLORIDA } } SS COUNTY OF PALM BEACH} Before me, the undersigned Notary Public in and for the aforesaid county and state, personally appeared and , who have produced Florida driver's licenses with identifying numbers and issued within the past 5 years as identification and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that they are the and , respectively, of the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, that they freely and voluntarily executed said instrument, in such capacities, on behalf of said corporation, for the uses and purposes therein expressed, and that such execution is the authorized act of such corporation. SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by said officers this day of , 1992. - Notary Public [SEAL] My commission expires: -8- ·.~.__.._- . -- SCBBDULB 01' BXIUBITS A. Photographs of Protected Property (Baseline Documentation) B. Verification Affidavit C. Minimum Maintenance Program D. Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings E. Affidavit of Existing Liens or Encumbrances F. Mortgage Subordination Agreement(s) -9- ., .' " . , . AGREEMENT FOR ACQUISITION OF FACADE, ARCHITECTURAL CONTROL, AND REDEVaOPMENT EASEMENT THIS AGREEMENT FOR ACQUISITION OF FACADE, ARCHITECTURAL CONTROL, AND REDEVELOPMENT EASEMENT (the "Agreement"), is made and entered into this day of , 1992, by and between the DBLRAr BEACH COMHtJHI:Tr RBDBVBLOPMBRT AGENCY, hereinafter referred to as the "CRA," and HICBABL GOCBBNOUR, hereinafter referred to as "Grantor." WIT N E SSE T H : WHEREAS, the Grantor is the owner of certain real property located at 301 East Atlantic Avenue, Delray Beach, Florida (the "Property"), which Property is more particularly described as follows: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet ot the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida and WHEREAS, the Property lies within the Redevelopment Area defined by the City of Delray Beach as being within the jurisdiction of the CRA; and WHEREAS, the CRA has determined that it is of significant public importance to preserve and control the architectural appearance'and facade of the Property and the improvements constructed thereon in order to meet the common purpose of conserving and preserving the value and integrity of the redevelopments efforts expended by the CRA on the Property and the surrounding properties within the Redevelopment Area; and WHEREAS, the CRA is desirous of obtaining a facade, architectural control, and redevelopment easement over the Property in form attached hereto as Exhibit "A" (the "Easement"); and WHEREAS, the Grantor has heretofore conveyed mortgage deeds to those lenders (to the Property) as are set forth in Exhibit "B" attached hereto and made a part hereof (the "Lenders") and that the granting of the Easement requires the joinder and consent of the lenders; and D:\DOCS\CLIBNTS\CRA\PEACB,UKB\AOQUISI.AGR ., WHEREAS, the CRA has determined that the value of the Easement is Twenty- five Thousand Dollars ($25,000.00), subject to the Grantor making those certain improvements designated in said Exhibit "C" (the "Improvements"). NOW, THEREFORE , in consideration of the mutual covenants and promises herein contained, the adequacy of which is acknowledged by the parties, the parties agree as follows: 1- The CRA hereby agrees to purchase from the Grantor the Easement over the Property, said Easement to be in form attached hereto as Exhibit "A" and made a part hereof, for a purchase price of Twenty-five Thousand Dollars ($25,000.00). The method of payment of the purchase price shall be as follows: a) One Hundred Dollars ($100.00) paid by the CRA to the Grantor as an earnest money deposit upon full execution of this Agreement, such deposit to be held by Robert W. Federspiel, P.A. Trust Account, b) Two Thousand Four Hundred Dollars ($2,400.00) at closing and delivery of the Easement, c) Twenty-two thousand five hundred Dollars ($22,500.00) to be paid in four (4) equal drawings upon the certification of the Grantor's architect to the CRA that the Improvements are 25\, 50%, 75% and 100% complete, respectively. 2. The Grantor agrees to convey good and marketable title to such Easement to the CRA, free and clear from any and all liens or encumbrances other than as are specifically set forth in Exhibit "D" to this Agreement. Further, the Grantor agrees to obtain the joinder and consent of the Lenders in and to this Agreement and the conveyance of the Easement, including the subordination of their mortgage interest to the encumbrance of said easement by executing that certain Joinder, Consent and Subordination attached hereto as Exhibit "E." 3. The Grantor agrees to deliver to the CRA, within ten (10) days from this Agreement, at Grantor's expense, a title insurance commitment and, after closing, an owner's policy of title insurance insuring the CRA's interest in the Easement for the total value of the purchase price. The title insurance commitment shall be issued by a Florida licensed title insurer agreeing to issue D:\DOCS\CLIBNTS\CRA\PEACB.UMB\ACQUISI.AGR -2- " to the CRA, upon recording of the Basement to the CRA, an owner's policy of title insurance in the amount of the purchase price, insuring the CRA's title to the Easement, subject only to liens, encumbrances, exceptions or qualifica.tion set forth in this Agreement and those which shall be discharged by Grantor at or before closing. Grantor shall convey a marketable title to the Basement subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. The CRA shall have 5 days from date of receiving evidence of title to examine it. If title is found defective, the CRA shall, within 3 days, notify the Grantor in writing specifying defect(s). If the defect(s) render title unmarketable, Grantor will have 120 days from receipt of notice within which to remove the defect(s), failing which the CRA shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to the CRA; thereupon the CRA and Grantor shall release one another of all further obligations under this Agreement. The Grantor will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 4. CLOSING: This transaction shall be closed and the Easement and other closing papers delivered on , unless extended by other provisions of this Agreement. Closing shall be held in the county where the Property is located, at the office of the attorney or other closing agent designated by the CRA. 5. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. 6. ASSIGNABILITY: Buyer may assign this Agreement. 7. TIHB IS OF THE ESSENCE OF THIS AGRBBMBHT. 8. TIHB: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. D:\DOCS\CLIENTS\CRA\PEACB.UMB\ACQUISI.AGR -3- . · 9. DOCOHBR'rS !'OR CLOSIIfG: The CRA shall furnish the Basement and closing statement. 10. EXPOSBS: The CRA shall pay documentary stamps and recording costs of the Easement. Recording corrective instruments shall be paid by the Grantor. 11. PROCBBDS OF SALE; CLOSIlfG PROCBDURJI: The deed shall be recorded upon clearance of funds. Proceeds of the sale shall be held in escrow by Grantor's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Grantor's title is rendered unmarketable, through no fault of the CRA, the CRA shall, within the 5 day period, notify the Grantor in writing of the defect and the Grantor shall have 30 days from date of receipt of such notification to cure the defect. If the Grantor fails to timely cure the defect, all deposit(s) shall, upon written demand by the CRA and within 5 days after demand, be returned to the CRA and simultaneously with such repayment, the CRA shall return reconvey the Easement to the Grantor by quit-claim deed. If the CRA fails to make timely demand for refund I the CRA shall take title as is, waiving all rights against the Grantor as to any intervening defect except as may be available to the CRA by virtue of warranties contained in the Easement. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S.(1989), as amended. 12. BSCROW: Any escrow agent ("Aaent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Agreement. Failure of clearance of funds shall not excuse the CRA's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon 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 D:\DOCS\CLIBNTS\CRA\PBACB.UMB\AOQUISI.AGR -4- , · out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.(1989), as amended. Any suit between the CRA and the Grantor where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to the CRA or the Grantor of items subject to this escrow, unless such misdelivery is due to willful breach of this Agreement or gross negligence of Agent. 13. ATTORRBY FEES; COSTS: In any litigation arising out of this Agreement, the prevailing party in such litigation which, for the purposes of this provision, shall include the Grantor, the CRA, and any subagents, shall be entitled to recover reasonable attorney's fees and costs. 14. FAILURE OF PERFORMANCE: If the CRA fails to perform this Agreement within the time specified (including payment of all deposit(s», the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be retained by or for the account of the Grantor as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims; whereupon, the CRA and the Grantor shall be relieved of all obligations under this Agreement; or the Grantor, at Grantor's option, may proceed in equity to enforce Grantor's rights under this Agreement. If, for any reason other than failure of Grantor to make Grantor's title marketable after diligent effort, Grantor fails, neglects or refuses to perform this Agreement, the CRA may seek specific performance or elect to receive the return of the CRA's deposit(s) without thereby waiving any action for damages resulting from Grantor's breach. 15. CONTRACT NOT RECORDABLE ; PERSONS BOUND ; NOTICE: Neither this Agreement nor any notice of it shall be recorded in any public records. This Agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. D:\DOCS\CLIBNTS\CRA\PBACB.UMD\ACQUISI.AGR -5- '. · 16. OTBBR AGRBBHB1I'1'S I No prior or present agreements or representations shall be binding upon the CRA or Grantor unless included in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 17. WARRANTIES: Grantor warrants that there are no facts known to Grantor materially affecting the value of the property which are not readily observable by the CRA or which have not been disclosed to the CRA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Acquisition of Facade, Architectural control, and Redevelopment Easement the day and year first above written. Witnesses: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: ~~~ - MICHAEL HENOt1i ? Deposit received on (if check, subject to clearance) ROBERT W. FEDERSPIEL, P.A. By: D:\OOCS\CLIENTS\CRA\PBACB.UMB\AOQUISI.AGR -6- '. · DOWNTOWN MARKETING PROGRAM A JOINT VENTURE WITH THE COMMUNITY REDEVELOPMENT AGENCY - DOWNTOWN DEVELOPMENT AUTHORITY - CHAMBER OF COMMERCE ATLANTIC A VENUE ASSOCIATION The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) are both public agencies receiving tax dollars for their operations. The DDA is a special taxing authority within the Central Business District charged with the development and improvement of blighted and slum areas in its designated district, which includes all of the downtown from AlA to Interstate 95. The Chamber of Commerce is a voluntary organization of business and professional people - an economic organization representing the business sector of the community and concerned with the economic vitality, growth and development of the community. The Chamber's Atlantic Avenue Association (AAA) is also a membership organization and its focus is primarily on the economic vitality of the "downtown" area of Atlantic Avenue. In addition, organizations like "Old School Square", Parks and Recreation Department of the City, "Pineapple Grove", "Delray Merchants Association", "Haitian - American Chamber of Commerce of Palm Beach", "Peach Umbrella Association", "Delray Beach Historical Society", & "Historic Preservation Board", the Chamber's "Council of 100" and others are all working on various parts and elements of the downtown to rejuvenate, rehabilitate, and renovate where possible, These organizations often work together to achieve common goals as they relate to the bettennent of Delray's "Downtown." Delray Beach is at a unique juncture. There has never been a stronger sense os trust an professional respect between key organizations of City government, CRA, DDA and the Chamber. There has never been as many organizations representing all the important ethnic, social, historical, and business elements of the "central city" of Delray. There has never been a grater opportunity or greater demand to move forward toward a common vision. However, even with a close working relationship between these organizations, their is still frequent overlapping, occasional mis-communication on projects and events, lack of infonnation on development proposals or on prospective business that may effect the what, when and how other organizations are working to promote the economic vitality of the downtown. The timing is right to focus many of our efforts through a common office of Downtown Coordinator". The program would include activities such as a) marketing of Atlantic Avenue (from 1-95 to AlA) and the Pineapple Grove area as a shopping hub b) The sponsoring of events like a monthly "Art and Jazz on the Avenue" and to work closely with other organizations on events like the AAA's Harvest Fest, the Peach Umbrella Associations' October Festival, c) attending the regular board meetings of various agencies and organizations to ensure good communication; d) serving as the focal point and development office for empty retail and business space in the downtown area and developing marketing material about the Avenue to "' -2- encourage business people to locate in the downtown; e) creating a centralized marketing program through group advertising in newspapers; f) establishing a Thursday night shopping night to increase merchant sales; g) creating a Saturday "Fanner's market" at Old School square to increase merchant sales. These are only a few elements of a job description. The program will accomplish all the major elements of a Main Street Program for Delray Beach. The program will be accomplished through a contractual arrangement between the primary funding organizations CRA, DDA, the Chamber of Commerce and the AAA. This arrangement could also incorporate many of the other organizations mentioned, either officially or unofficially, to participate in coordination our collective efforts for Central Business District revitalization through on office. . . DOWNTOWN MARKETING AND MANAGEMENT PROGRAM FOR DOWNTOWN COORDINATOR A .JOINT VENTURE OF THE COMMUNITY REDEVELOPMENT AGENCY DOWNTOWN DEVELOPMENT AUTHORITY AND THE DELRAY BEACH CHAMBER OF COMMERCE Position: Downtown Coordinator Reports To: The triumvirate of CRA - DDA - Chamber Basic Functions: To serve as the liaison and project/event coordinator for the multiple community organizations serving the downtown area from 195 to AlA an to market the same general area as a commercial center. (In addition to the Joint Effort agencies, organizations could include, but not be limited to: Old School Square, Pineapple Grove, Delray Merchants Association, the Haitian-American Chamber of Commerce of Palm Beach, Peach Umbrella Association, Historical Society & Historical Preservation Board, the Chamber's Atlantic Avenue Association, Council of 100 and the new Property Owners Association.) Duties and Responsibilities: 1. Marketing of the area from 1-95 to AlA - as a shopping, service & entertainment hub (this could include 2nd Ave, Pineapple Grove area and other distinct commercial area adjacent to Atlantic Ave.) A. Develop program to promote "downtown" as a retail shopping destination B. Establish retail promotional programs through electronic and print media C. Develop program to promote cultural arts and historic aspects of the area 2. Development, presentation and coordination of events like the CRA's "Art & Jazz on the Avenue" - the AAA's "Harvest Fest" - the Peach Umbrella Associations' "October Festival", etc. A. Through existing staff of individual organizations B. Through hiring of "short term" contracted staff to assist in the development of projects C. Develop event & program strategy 3. Coordinate (and publish) calendar dates for everyone 4. Serve as "staff resource" person, working closely with the various agencies, organizations and the City to ensure constant communication. Requires coordination of and attendance at: A. Regular meetings with individual organizations . · -2- B. Regular meetings with city staff -i.e. Planning Director and Community hnprovement Director to both give and receive information including the monitoring of P&Z and City agenda's for benefit of participating organizations. C. Produce a quarterly newsletter 5. Serve as the focal point and assistance office for empty retail and business space in the downtown area for new business ventures: A. Develop a marketing strategy as well as marketing material about the A venue to encourage business people to locate here. B. Provide ongoing communication between organizations and the City on development proposals or on prospective businesses to ensure that organizations are working cohesively in promoting the economic vitality of the downtown. 6. To assume such other duties as may be assigned " DOWNTOWN MARK.ETING AND MANAGEMENT PROGRAM 1992 BUDGET Income Amount CRA $ 50,000 DDA 25,000 Chamber/AAA 10,000 CHAMBER in-Kind 13,400 Newsletter Income 2,000 Activities and Events Income 6,500 Activities & Events Sponsors Q..2OO Total Income $ 113,400 Expenditures Salaries $ 30,000 Emp. Direct Expenses (HospitalJMedical) 2,200 Payroll Taxes 3,500 Meetings & Conferences 1,000 Office Expense AuditlBookkeeper 3,500 Office Supplies 2,000 Dues & Subscriptions 300 Postage & Mailings 1,000 Telephone 1,800 Equipment Lease 1,200 Ins/raxes & Building Workers compensation 200 Rent (Receptionist & other office services) 6,000 Activities & Events Art & Jazz (4 programs) 20,000 Calendar/Newsletter 2,000 Other Marketing! Advertising 40,100 Miscellaneous 1,000 Total Expenditures $ 113,400 Excess of Income over Expenditures $ 0 '. IJUT ,~,...,Ò}'< works by Billie Hightower 6-Upm .Ill \ -"-~ ~. ~.~~~~-'.~~ 17. Damiano's ~ <TATE "",",0 A'" . ., _ Featuring the adult contemporary dJIZ 1 ---:~, §II ~..'ÃÕJ¡rJ'¡; musical stylings of Rick & Robin Krive 4, .' ~D=SACIN"A"" 6:30.10pm '.... ~ on fA. p,¡E[ ,¡;,:,'" ~ .. 18. Cafe Roma fIVEI\IUE PARKlt>ü ~ .,' Keyboard vocalist: Tony Ventura JI~ AN""~""'''''E' ~ h.e~~ 6-10pm ~ " a;. ~ 19. Works in Progress 1. Sundy House Antiques & Tea Room flllRKlNG ,. /100 Sneak preview of Grand Opening Featuring "Melvin & the Marachis Rake \~~:, . i¡ [@ ~.,:,,,,,,, Artist reception: David Kalren & & Scrape" 5-11pm ! t '7 ~ .,.'. ,.:. . GI.~ SlllEET Rebecca Browning: acoustical guitarist ,. Th. Com.1t M~um .. Old &boo' ::-"",- (fä~ _ o..ld U'nn. ,. ''''''dn'gh' Square Cultural Arts Center 5eA~El.E I~ liJ R4.RKlNG , 2? Lawrence ~allery Artist reception: "A Change of Skin ". Ii@ r ~ ' Artists reception: Thorn Millsap & recent paintings by Paul Aho 7·9pm __ ""vE>E'T1ANDR Huong 5·10pm 3. Old School Square Gymnasium . 21. Colony Hotel Artists reception: Jonas Allen, Joseph Keyboard stylist Rob Robbins D'Alells & MacArthur Jeau·Louis 5·10pm (in conjunction with the Haitian 22. Sharon KoskofTDesigns American Chamber of Commerce) - Art &- Jazz on the Avenue poster 7·9pm illustration, exhibition of recent 4. Polly Noe Antiques works 5-11pm Grand Opening (2nd level) Cocktail FREE 23. Colony Wine & Liquor Shoppe Reception 5.7pm Wine tasting of California 5, Java City Chardonnays 5-11pm Artist reception: Jace Collins 5-8pm 24. Morikami Museum 6. Java City in Masonic Hall Exhibition of posters by Ikki Featuring "Steve Turner & the Matsumoto Rhythm Section". "Saffire Kings" 25. Galleria Alexander & special guest "Beautiful Sound _ Artists reception: "Leylines & Trio" (Advance ticket sales - ~ Miracles" Joanne Myers & available at Java City & CRA fREE Claudia Fisher: "Masked Head~uarters) 9-12midnight PARKING Madness': group ~xhibit by 7. Stamed Glass Arts & Supplies Women m the Visual Arts Demonstration by Rick ~E (QN,A.\'E 5·10pm G_en'.m,,, '-'pm ¡Q '-'1 ". Rl"n~', Luua 8. CRA I DDA Office Event s. \ Pianist Scott Seymour 5·10pm Headquarters ~NG 27, Art Deco Society oflhe Infor~ati~n & first aid station t Palm Beaches 5-12m,dmght Lecture by Winslow Elliott 9. Greater DeIray Chamber of . Wedin "Modern Urban Commerce ,. è E 5N",VE Architecture" 7:30pm 10. Tom Jr.'s Blues & BBQ .~':.fJ Photog~ap~ic e,xhibit of Deco Featuring Blues guitarist t;j . . ~ blllldmgs m Palm Beach 5.10pm ~ fÆE. _ County 5.11pm '" PARKlN7 , d ' ti tì 11. The American Cancer ~ ~ 28. Bran y s Water ront Ca e Society ": . ,: ' ~ Experience our new sound Jail & Bail Fundraiser ~ .' -," 7·11pm 9am-5pm t 29. Rambling Rose 12. The Green Owl 0 Riverboat at Veteran's Park Guitar stylist Sean Kelly- ~ On~ man band Don Taylor Mirando 7-11pm ~ Dmner boat departs 7pm 13. South Florida Museum ~ 30. Cottage Door of African American Artists reception: Heritage "European Fi,v~ ~undred" "Exploring Our Cultural ~r?up e~lllbltlOn of 500 Heritage" photographic o~lgmal Oils presented by essay exhibit by Miss Ineria Richard Carrol 5:30.9pm Hlul,wll: "Arri;,an 31. Spinnaker Bar & American Art Today" Grille 5-10pm Piano stylings of the 50's 14. Little Mermaid & 60's by Jimmy Kay Restaurant at the Arcade If} 6·10pm Tap Room ~ 32. Emy's Grand Opening reception i1i Jazz surprise as only 6-10pm I.¿J Erny's does it 15, Delray Beach 5-12midnight Historical Society in the 33. Boston's on the Crystal Room at the Beach Arcade Tap Room Jazz & Top 40. piano Archival exhibition t man "John Salamon & dncllnwnling Onlray the Oynosoars" Boaeh artists I'< writ¡,rs 9:30pm-lam colony 6-811m "",NION ^'" ,. 16. Hornby Gallery - G\eI' - ::~tist rC(:ept,~on: '. \. . . : ~NS lo.pnch &... ,Recent ti Lolly the Trolley stops at all events 5pm-12 mldmght. \ , ...". ~. ~~ +. -,g ~¡, ~1 , jH ~~ ii H ~ I! :~ H ~~ Jj ~j è::; kJ. i ~1 ~ âJ ~ .:! '" e' ~ i ~ l~ -~. ~~ ! =" .~ ..~ ~ t! d:!!~ H ð:lt: r.r. ~~ ~! "' . ~ ~ ! .~ ¡~ H ::.. ~~ U ,If H ~=j If f'" ,~ ill ,;. 1:.- ~ð H .. ~'Ú e, h'Ú _h_ ~= ~'n "[":q~ . . '" ,J fŸTIr ~!: ;¡: .I B ~... ; 0. .I ~ - é ~ ~., ... ';, 1 - ~ . -= -= ,= 2! ~ .' ~ ~.' e ' ¡ u é'~ ::;:-ª ê>. ~.a "¡....~ð(,j·~:ts - .;~.;:.-.f~~~ . 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F-,trl ,!¥ir,~":';'::::;.¡~ -,' ~t ~ H~ '" . ~ ~ a 0" ~'§ s ¡¡.¡;~ #, ". . - . . _ ~ .. '. ~._ _. ~ . -5 ª 1 g ~ ~ ! j - ..... ;8 a. -... ~ - i ~ .t .ë ] c ~. == ¡s ;; ~.æ ~ o cor.<; =>-=~; =c9 ~ ! ~~.-o! ¡ . 1<' ~";ClI"I J$V,I:a §.'=;'::E ,~~~ :~::~~ ~ l§=~ ~ ~j~ ~ '¡ -].!( : j-!!'"' ~ <~ 3æ~<lS :ð~~E ~~~ ~ ~~å~ ~ ~~~~ ~ ~~~ ~ ~·:.j1~:-l·'IJt~J! g~.!I'H··,~~å,P:~ H~~~ ~.~¿ Z ",e.. N ð' --- ~ ....)1;.·$· ",«III ... .;:;....e...N "ti:¡' c· - r~~~ § rCl~~ ~ 'õ~~;; :- .¿.'~'~: ~ Ii: ï-=JfI)~ !:gi~~~§ i~E:!5 ~~~ -= ::I - "... -= - 0 >C I'-~:¡: -= I:! a _ . .. .c E... "" .: e u ~~H~d !~H.~~~ dH ~ !t!s-f~ü{¡1 Hlft'i ri~fH t¡¡tHHj ~i~~H H~. ~ 11 ~ E U § t~ ic i ~ ~ ~.;: 1- å e ~~ ;.c.¡ ¡:: !. 5 ~ G: .~ j ,¡:! ~CI !!;. E U -;! 5 < ] ¡ ~ .. ..! ~ ~;,; - .. .5 8 f - -.. ..."! ~ ...:.a ë -; .. I! ~ ë' ... ~..!. E < 'II ... ~ ...;- is. ~~ I: .9! ~ ::,. < ~ ~ -: ~ '';: i - e ;¡ ~ .~ ¿ l: 0 CI .- ..! ';: Q :J - ~ ~ ;;¡ ":; . _ e -= ¡: ~ ~ -; _ ~ _ .. = ~ "': ¡... ðJlt:~~J.:!: hHhð hiE8 J.st~~¡¡"5.:!:J ut tf,Uð B.:!ð 8ðt:'¡¡.:!~ð n~ð::'1:! L,¡ ,-I _"''':'. '. ( ( . .' ff/(76/T Ijf-'I ( AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and MILDRED W. SANDERSON, hereinafter referred to as "the Owner." WHEREAS , the Community Redevelopment Agency of the City of Delray Beach is administering a Community Redevelopment Plan adopted by the City of Delray Beach ("the Plan"), a component of which is the Site Development Assist~nce Program (the "Program n ) ; and WHEREAS, the Program provides for the funding of financial ( assistance to CRA selected development and redevelopment projects within the Community Redevelopment Area; and WHEREAS, the Owner is the owner of .certain real property located at East Atlantic Avenue, and more particularly described as: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. commonly known as the Flamingo gas station (the "Flamingo Gas Station"), and such property lies within the Community Redevelopment Area of the CRA; and WHEREAS, the Owner has requested site development assistance from the CRA in the form of providing funds on a loan basis to facilitate the completion of the monitoring phase of the D:\DOCS\CLIBNTS\CRA\SITB.DEV\AGRHT f ( environmental assessment required of the subject site by the ( Florida Department of Environmental Regulation; and WHEREAS , such monitoring effort in the obtaining of a clearance and/or statement of no further action by the Florida Department of Environmental Regulation is essential to the redevelopment of the Flamingo Gas Station; and WHEREAS, the Owner is financially without the current means of funding the environmental monitoring effort to obtain such "no further action" letter; however, the Owner has qualified for reimbursement of such expenses from the State of Florida pursuant to the Early Detection Incentive Program ("EDI"); and WHEREAS, the Owner is willing to assign to the CRA her interest in the reimbursement rights pursuant to the EDI from the State of Florida up to the amount owed the CRA as well as granting the CRA an assignment of any purchase money mortgage the Owner may obtain from the sale of the subject Flamingo,Gas Station to a third party as security for the loan being requested. NOW, THEREFORE, in consideration of the promises and covenants herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy ?f which are hereby acknowledged, the parties hereby agree as follows: 1. The CRA hereby agrees to loan to the Owner the sum of Eight Thousand Dollars ($8,000.00) at zero percent (0%) interest per annum, such loan to become due and payable in full upon the earlier of (i) the receipt by the Owner of funds for reimbursement from the State of Florida pursuant to the ED I Program, (ii)eighteen (18) months from the date of this Agreement, or D:\DOCS\CLIENTS\CRA\SITE.DEV\AGRHT -2- I ( (iii)the sale of the Flamingo Gas Station site whereby the Owner I of nets cash from the closing in exces s Eight Thousand Dollars ($8,000.00). 2. The Owner covenants that all of the said loan funds will be utilized solely for the purpose of funding that certain contract for the environmental monitoring of the Flamingo Gas Station site with pursuant to that certain contract between Owner and dated . 3. The Owner hereby assigns to the CRA all of Owner's right, title and interest in and to the reimbursements due from the State of Florida pursuant to the ED! Program up to the amount owed the CRA for the environmental cleanup of the Flamingo Gas Station site. 4. In the event the subject Flamingo Gas Station site is sold to a third party whereby the Owner accepts a purchase money mortgage or other security of any kind in return, the Owner agrees to pledge and assign to the CRA such purchase money mortgage and/or other security as collateral for the indebtedness of the Owner to the CRA created hereby. The Owner hereby agrees to execute such reasonable promissory notes, documents and assignment agreements to effect the purposes herein set forth. 5. The Owner expressly acknowledges that the CRA, by entering into this Agreement, in no manner agrees to or accepts any responsibility for the continued participation in the environmental cleanup of the subject site and the CRA's sole obligation is the making of the subject loan. The Owner hereby agrees to indemnify, save and hold the CRA harmless for any and all liability or claims D:\DOCS\CLIBHTS\CRA\SITB.DEV\AGRHT -3- ., ( . . arising out of this Agreement including defense costs through the appellate level. 6. No change, amendment, modification or alteration of this Agreement shall be binding upon either party unless it is in writing and signed by both. 7. It is mutually understood that the agreements and covenants contained herein are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. The waiver by either party of a breach of any portion of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach. 9. Any notices to be given hereunder by either party to the other shall be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid, with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of four (4) days after mailing. 10. Wherever the context shall so requir~, all words herein shall be deemed to include the masculine, feminine or neuter gender, all singular words shall include the plural and all plural shall include the singular. II. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and D:\OOCS\CLIBHTS\CRA\SITE.DBV\AGRMT -4- ., . ( ( . .. .' . . ( agreements between the parties with respect to such relation in any ¡ manner whatsoever. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 13. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 14. The rights and ben~fits of this Agreement shall not be assignable by any party without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Witnesses: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH By: D:\COCS\CLIEHTS\CRA\SITB.DEV\AGRHT -5- ., · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJt1 SUBJECT: AGENDA ITEM II LJ5 '-1- MEETING OF NOVEMBER 3, 1992 PROPOSED DESIGN FOR SOUTH 10TH STREET DATE: OCTOBER 30, 1992 Based on direction received from work sessions regarding South 10th Street, staff has developed a design which we believe addresses major conçerns and ideas raised about this project. The proposed design would be to 4-lane the road from Federal Highway to Dixie Highway. We would also install a major drainage outfall line in this section. From Dixie west to Wallace Drive, the road would be 3-lane with drainage into a swale. The fourth lane and drainage outfall line could then be constructed at a later date. As the attached cost estimate shows, we believe this could be done within the existing budget. At the November 3rd City Commission meeting, staff will present drawings of the right-of-way acquisition requirements as well as cross sections and plans for the street itself . .. COST SUMMARY DECADE OF EXCELLENCE FUND $1,630,000 STORM WATER UTILITY FUND $ 500,000 PUBLIC UTILITY FUND $ 350,000 GRAND TOTAL $ 2,480,000 . .. " DIXIE HIGHWAY TO FEDERAL HIGHWAY DECADE OF EXCELLENCE FUND: LAND ACQUISITION $100,000 ROADWAY CONSTRUCTION ( 4 LANE SECTION ) $ 480,000 ROADWAY DRAINAGE CONSTRUCTION $100,000 SUBTOTAL-DECADE OF EXCELLENCE FUND $ 680,000 STORM WATER UTILITY FUND: DRAINAGE TRUNK LINE $ 500,000 TO INTRACOASTAL WATERWAY SUBTOTAL-STORM WATER UTIUTY FUND $ 500,000 PUBLIC UTILITY FUND: SANITARY SEWER REHABILITATION $100,000 AND REPLACEMENT WATER DISTRIBUTION IMPROVEMENTS $ 50,000 SUBTOTAL-PUBLIC UTILITY FUND $150,000 GRAND TOTAL $ 1,330,000 '. ' · WALLACE DRIVE TO DIXIE HIGHWAY DECADE OF EXCELLENCE FUND: LAND ACQUISITION REQUIRED FOR ADDITIONAL $150,000 LANE AND FUTURE TRUNK LINE ROADWAY CONSTRUCTION ( 3 LANE SECTION ) $ 720,000 DRAINAGE CONSTRUCTION WITH PROVISIONS $ 80,000 FOR FUTURE TRUNK LINE SUBTOTAL-DECADE OF EXCELLENCE FUND $ 950,000 PUBLIC UTILITY FUND: SANITARY SEWER REHABILITATION $150,000 AND REPLACEMENT WATER DISTRIBUTION IMPROVEMENTS $ 50,000 SUBTOTAL-PUBLIC UTILITY FUND $ 200,000 GRAND TOTAL $ 1,150,000 THE LAND ACQUISTION COST COULD BE REDUCED BY $80,000 IF LAND IS ACQUIRED FOR THE 3 LANE SECTION ONLY. ADDITIONAL LAND WILL BE REQUIRED PRIOR TO CONSTRUCTION OF AN ADDITIONAL LANE AND INSTALLATION OF THE MASTER DRAINAGE TRUNK LINE. '. I,. . . \.i" '- \~ .,'_.... -.:-"-f +-"-.,"'"' MEMORANDUM R£C£/II£D TO: David T. Harden S£p 9 199. City Manager CITy M. '2 THRU: william H. Greenwood ~~ 4NAGFR'S Dir. of Environmental Services OFFICE FROM: Ralph E. Hayden, P.E.~ City Engineer h DATE: September 3, 1992 SUBJECT: N. E. 8th street, Railroad Crossing Improvements prcject No. 92-23 Pursuant to your request for information on railroad crossing improvements for the referenced project, the Florida East Coast Railway Company in cooperation with our staff has developed a general plan and cost estimates for proposed improvements. Attached are cost estimates from F.E.C. Railway Co. for crossing work and signal work, a plan outlining the proposed improvements, and a cost estimate from our staff for the pavement and sidewalk work. The crossing work consists of reconstructing the railroad track crossing including the addition of 20 feet of track panels to accommodate the sidewalk. The signal work consists of installing two crossing gates, signals, etc. and relocating the existing crossing gates to the sidewalk for pedestrian traffic. The pavement and sidewalk work consists of reshaping the pavement to provide for three travel lanes and constructing a (5) foot wide sidewalk across the railroad tracks. These improvements are shown on the attached plan drawn by the F.E.C. Railway Co. The crossing and signal work shown on the plan must be constructed by a contractor or personnel from the F.E.C. Railway Co. Their estimates for this work are effective for one (i) year from the date of estimate. The area on the plan highlighted by our staff shows the limits of the pavement and sidewalk work. A contractor hired by the City can construct these improvements as the F.E. C. Railway Co. will not construct the sidewalk or reshape the pavement. The City's contractor can also overlay the pavement, effectively eliminating the "Asphalt Pavement, in Place" item on the F.E.C. Railway Co. crossing work estimate. L{/S, -/) .. Project No. 92-23 september 3, 1992 Page 2 The following is a summary of the three cost estimates showing the total cost for constructing the proposed improvements: 1. Crossing Work $31,700.00 Deduct "Asphalt Pavement, In Place" (6,000.00) 2. Signal work 52,038.00 3 . Pavement & Sidewalk Work 13.390.00 Total Estimated Cost $91,128.00 Please advise our staff as to the appropriate action regarding these improvements. KB:RH:mm File: Project No. 92-23 (D) Memos to City Manager RH223903.MRM Wl>~I<~ -"'1' ï .. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: RALPH BAYDBlf, P.B. CITY BlfGINBBR FROM: KEVIN BECOTTE ~ ENGINEER I DATE: AUGUST 31, 1992 SUBJECT: NE 8TH STREET, GRADE CROSSING IMPROVEMENTS PROJECT No. 92-23 ---------------------------------------------------------------~-- The attached cost estimate and general plan was developed by the Florida East Coast Railway Company for the referenced project. After reviewing the cost estimate and the general plan, I contacted John Knight and Bill Vankirk of the FEC Railway Co. regarding the installation of the proposed sidewalk. I was informed neither the sidewalk nor the the additional materials needed to extend the existing pavement were included in the cost estimate. The item entitled "Asphalt Pavement, In Place" included in the cost estimate is for a 1-1/2" overlay of existing pavement. It was suggested that the City's contractor construct the sidewalk and reconstruct the pavement to the proposed limits. This would effectively eliminate the "Asphalt Pavement, In Place" item as the City's contractor would reconstruct the pavement to the proposed limits and overlay up to the the track panels. Furthermore, the City's contractor would construct either an asphalt or concrete sidewalk. However, concrete is not allowed within 10' of the track centerline. The remaining sidewalk within this 10' area, up to the track panels, would have to be constructed of asphalt. Attachment FILE: Project Number 92-23 CD) Memos to City Engineer RH9223.001 '. - .../",,,,:. -; . C;f~'.J'C~ORIDA EAST COAST RAILWAY COMPANY ~E~ II'\:O:;:~ ~ ~ \\'~ \,"3 ' 0 D..... ,.... ,...."...."m. " 'UGun,",. M"D' "'" -. ~ \J ED August 12, 1992 RE.CE.\ . File: 315/39/5167 DELRAY BEACH: GRADE CROSSING IMPROVEMENTS N.E. 8TH STREET, MILEPOST 315 + 5167' ESTIMATE OF COST FOR IMPROVEMENTS Mr. R. E. Hayden, P.E. City Engineer, City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Dear Mr. Hayden: On May 6, 1992, Mr. K. J. Becotte of your City asked Mr. J. W. Knight of my staff to consider a listing of improvements to the above-noted at-grade crossing of your street over our Railway. We have developed a general plan and cost estimate of the works. Attached please find our Drawing No. 01-D-143 and an estimate of cost, dated July 28, 1992, in this matter. I believe this plan includes the improvement you wished to consider. If you are interested in progressing this work, please advise, and we will draft a license agreement providing the work and its future maintenance. Upon completion of a license agreement, we would be in a position to schedule the work in a relatively short time frame. W. . S OKELY Chief Engineer WSS/jw Attachment cc: Mr. R. F. Townsend Mr. G. E. Clegg Mr. B. L. Burke .. " ~ , ~ FLORIDA EAST COAST RAILWAY COMPANY 315/39/5167 OFFICE OF SENIOR ASSISTANT ENGINEER 7/28/92 ST. AUGUSTINE, FLORIDA JWK DELRAY BEACH: WIDEN EXISTING TYPE T-MODIFIED GRADE CROSSING. N. E. 8TH STREET, MILEPOST 315+5167 AAR/DOT NO. 272488T ESTIMATE OF COST TO REMOVE AND REPLACE 1-44' WIDE TYPE T-MODIFIED GRADE CROSSING, AND WIDEN TO 64' WIDE. ----------------------------------------------------------------------- ----------------------------------------------------------------------- DESCRIPTION NUMBER UNIT UNIT PRICE COST ===~=~~~=============================================================== CROSSING WORK BY RAILWAY AT CITY EXPENSE Remove and Replace TYPE T Modified Grade Crossing 44.00 T.P. $92.00 $4,048.00 Install Type T Crossing 20.00 T.F. $340.00 $6,800.00 Install Track Panel 64.00 T.P. $160.00 $10,240.00 Asphalt Pavement, In Place 50.00 TONS $120.00 $6,000.00 Encase Fiber Optic Cable 23.00 L.P. $60.00 $1,380.00 Engineering and Supervision 24.00 M-HRS $18.00 $432.00 Maintenance of Traffic 3.00 DAYS $300.00 $900.00 Raise and Surface Track 300.00 T. F. $1.25 $375.00 Contingencies 1.00 L. S. $1,525.00 $1,525.00 -------------- ESTIMATED CROSSING EXPENSE $31,700.00 SIGNAL WORK BY RAILWAY AT CITY EXPENSE $52,038.00 (Please see attached sheet for detail) -------------- TOTAL ESTIMATED CITY EXPENSE $83,738.00 -------------- -------------- ., · ~LORIDA EAST COAST RAILWAY DATE:08-03-92 ûFFICE OF THE SUPERINTENDENT FILEt 6.2 OF SIGNALS AND COMMUNICATION MP.3l5+5167 NE 8 TH STREET DOTt272488T ======================================================================== ESTIMATED COST FOR CROSSING SIGNAL WARNING DEVICES MATERIAL UNIT COST UNITS TOTAL COST CONST WARNING TIME DEVICE $17,000.00 0 $0.00 GATE ASSEMBLYS $4,114.00 2 $8,228.00 GATE FOUNDATIONS $375.00 2 $750.00 WIRED CASE $13,500.00 1 $13,500.00 POWER SERVICE $800.00 0 $0.00 BATTERY BOX $370.00 1 $370.00 MISC SMALL ITEMS $500.00 1 $500.00 CANTILEVER 30' $9,000.00 0 $0.00 CANTILEVER 40' $0.00 0 $0..00 GATES $500.00 2 $1,000.00 ÇONCRETE FOUNDATION $1,250.00 0 $0.00 EQUIPMENT RENTAL $500.00 1 $500.00 CONTINGENCIES $445.00 1 $445.00 CONDUIT $300.00 1 $300.00 BATTERIES $2,000.00 3 $6,000.00 CABLE $3,500.00 1 $3,500.00 MISCELLANEOUS RELAY EQUIP $500.00 1 $500.00 BACK TO BACK LIGHTS $1,500.00 0 $0.00 FREIGHT & TAX 0 $5,695.00 LABOR $1,800.00 5 $9,000.00 GANG EXPENSES $350.00 5 $1,750.00 $0.00 TOTAL $52,038.00 *THIS PRICE IS EFFECTIVE FOR (1) ONE YEAR FROM DATE OF ESTIMATE '. NE 8th street, Railroad Crossing Improvements Project No. 92-23 COST ESTIMATE Pavement & Sidewalk Work EST UNIT ITEM UNIT OTY PRICE COST 1. 12" Stabilized Subgrade S.Y. 285 $ 3.00 $ 855.00 2. 8" Limerock Base S.Y. 270 10.00 2,700.00 3. 1-1/2" Type S-III Asphalt Overlay TONS 50 100.00 5,000.00 4. 5' Concrete Sidewalk S.F. 550 4.50 2,475.00 5. Striping L.S. 1 750.00 750.00 6. Traffic Control L.S. 1 1,000.00 1,000.00 7. Testing Lab Allowance L.S. 1 500.00 500.00 8. Video Allowance L.S. 1 100.00 100.00 9. Indemnification L.S. 1 10.00 10.00 Estimated Pavement & Sidewalk Cost $13,390.00 " . --- . ..4 ;¡ . , L: "'1- :~ I ~ ~ I I I I 1111 . I I 1111 I I 1111 I 1111... ..... I I "! c:o I III c... P I n I III¡;; :><: (J') I I I::~ !£ I c I en IIII ..... I ~ I 1111 I 1"1 en I en III I z P .... 1111 I 1"1 rll III I \11 ,1111 _It I it iii I- ø I'TI I j¡ ~ Ii ~ I I'TI >c ... co .. P III ¿¡; - '" .. <n ,.... .. I'TI ..... '" 1111 I I a- . ~ '" ~ ~ 111\ .. I !~ w :><: ! ! (J') ::;; 5ii! 1111 i I - ~ ~ iii::! w ~'"T' .., III P .... I:, to _r- r- ~ - RiI I .." ~ ~c;:) I11I en - .:c %I I alP'"' I en ..... P ... !i!c 0 1111 I ~;¡ ñ " - Jš~ ¡¡j> ..... I'll ,... 0 ; I I ñ I ....iii ..... 1m III I Q ! n z:i ~~ -> P III I ;en CD tn S I r- 1111 '" + = -t I'TI I ..... ..... .....tn I 0 I ~ ",- lit n .... aI CD ..... ;! 0 I z I I CD 15 > ;: ..... ;!J en en z I <=> :;:: = ...... I " . . ~ CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: LAKE IDA ROAD, LANDSCAPE MEDIAN PROJECT MEETING DATE: NOVEMBER 3, 1992 PREPARED BY: DAVID J. KOV'" 51 DIRECTOR OF PLANNING .'\ jCL-~ ',-J XOWpJ- BACKGROUND: This item addresses the subject of design of a change to the prepared construction documents to add landscape medians to the County's Lake Ida improvements and their subsequent construction. This subject has been before the City Commission on two previous occasions. Before identifying the current situation, a brief chronology is provided: June 23, 1992: City Commission Regular Meeting: Direction was given to pursue redesign and construction within an estimated cost of $38,500 (covers additional costs to County plus right-of-way surveys and deeds for an abandonment and additional right-of-way) . We also identified a potential contribution to the construction costs of $5,000. Further, it was anticipated that the Lake Ida Homeowners Association, or others, would pay for construction of a wall along nine lots. Late June, early July: Informal staff discussions. July 27, 1992: Letter from Harden to George Webb: This letter sets forth a proposal for proceeding and sought concurrence with certain assumptions. Auqust 5, 1992: Formal meeting among City and County representatives: During the meeting there was clarification of some of the design items. Also, there was discussion about the costs of redesign and the cost of construction with an indication that those costs were far in excess of what the City was anticipating. However, no firm figures were offered. August 18, 1992: City Commission Worksession: Staff (City) estimates for design were identified as being around $70,000. An estimate of construction costs (on a per unit cost) tended to show that there may be a cost savings. The City Commission expressed a consensus to proceed, based on the above information, and with the following caveats: * that any cost reduction (unit cost basis) created by redesign be credited toward the City's redesign cost participation; and, ú),s.6. .. . . City Commission Documentation Lake Ida Road, Landscape Median Project . Page 2 * that any cost savings between actual construction cost and projected (current allocation) costs be credited toward any costs incurred by the City for redesign or for other purposes (e.g. obtaining additional right-of-way). Auqust 20, 1992: Letter from Harden to George Webb: This letter reported the City Commission direction, affirmed the City's desire to proceed, and sought a response to our previous letter (July 27th). September 25, 1992: Report of meeting among County Engineering, Design Consultants, and City Engineering: This meeting apparently set some parameters for the redesign and provided direction for the Consultants to submit a redesign proposal to the City. ,October 9, 1992: Consultant's proposal submitted to the City: This proposal provides for a design cost of $76,518.60 plus $9,000 for reimbursable items for a total of $85,518. These costs do not include some items such as revisions to the plans for accommodating "new" development along Lake Ida Road .e. g. the 10th Avenue extension and improvements at the Boy Scout Hut. These, among others, have been identified as "excluded contract items". Early October, 1992: Staff (City) discussion with Lake Ida Homeowners Association representative: This conversation revealed that the Association would not be able to participate in construction of the replacement wall. Also, there had been no further, formal contact with lot owners since June. Letters seeking consent of the affected lot owners, plus a consent to participate in the construction of the wall were drafted but put on hold until the matter could be brought back before the City Commission. CURRENT SITUATION: As of today, the situation is as follows: 1. Desiqn Costs: $ 94,019 * County consultants, redesign of documents $ 85,519 * Additional right-of-way documents 7,000 * Abandonment documents 1,500 2. Wall Reconstruction Costs: $ 32,000 @ 800' x $40/ft 3. Cost for additional riqht-of-way: $ -0- * @ Isles of Delray, special arrangements * @ Lake Ida Association lots, assumed -0- ., . . City Commission Documentation . Lake Ida Road, Landscape Median Project Page 3 4. Cost for construction: $ unknown * City staff estimate is -0- * County response is not yet provided. 5. Cost for installation of irriqation and landscapinq: unknown * Preliminary design has not yet been broached due to the uncertainty of the situation. 6. Fundinq allocation for Landscape Work: $ 193,290 This amount was initially identified in the 1987 Utility Tax Bond for all of Lake Ida Road but due to conflict with the road widening schedule and the need to expend the 1987 Bond funds (arbritrage), the funds were relocated with a commitment to make money available through the Decade of Excellence program (i.e. a fund exchange) . This funding may not be available for appropriation at the current time. Other interim arrangements may be possible. 7. Time frame for construction of Lake Ida Road: To be bid in September. Construction to commence at the end of calendar year, 1993. Construction commencing at west end (Congress Avenue). As of this writing, a response to the City Manager's inquiries of the County Engineer has not been received. It is anticipated that a response will be received in time to be included with the City Commission packet. DIRECTION: The assumed total cost to the City, to proceed with redesign and construction without irrigation or landscaping, appears to be approximately $126,000. The City has committed up to $193,290 for the landscaping of Lake Ida Road in its entirety. It may be possible to use a substitute funding source for the short term. In any event, it will require additional funding allocations in order to complete the landscaping project. Thus, direction is required. Attachments: * Previous City Commission Documentation, letters, and staff memos * Response letter from the County Engineer (if available) DJK/T: CCMEDIAN. DOC .. . :_\1_ -U.:J- _'~ r r~.l J.-,;.-I.i. ~ u ~ ......~.....,....r-'\. ;:..., . ':'';':'.- ~ . _¡:.~ : t:._ ¡ '4'-!: _._ 1- .:,......-'-", ._ '_",_, ~ ,b¿ ,- ,_'_ # ~-~' '* . "Henry H.1I8I', p,e" PLS, .~. Aopty 10: John D. Weavei'. PoL,S, . CcnJ a.. PrtIe~ P'IU. Donald L caro, PLS, 5667 Corll Gille Boulevard SI&v"" D. .....vgnn. PE.. PL$, MArgllle. FL 3306)- \ 531 (305, .I79.{)!,':.O . BtOWll'd Pavl E Uog8rloldl, CBCQ16Sag (407) 732·25l'ð . P.lm BelICh 13(Y., 1IG8.7ð11 . F... Direclt>r of Construction Heller · Weaver and Cata, inc. o PoIncIaf\a Prole~ PI",. 31118 V.. PQlnciana, Su~. 10 Engineers ... Surveyors ... Planners lake Wom. FL 33467·H92 (407) 9G8...,10 - PIIIm Beech !30~: 7(;4.76n . 8r"","rd 1<l07) (.-II·BBO'I· "Þ . fJ~ / ~ Il October 9,1992 Mr. Riohard C. Hasko,P.E. {'/~ City ot Dolk'ay Beach Envi~onmental Services Department 434 South Swinton Avenue Delray Beach,Florida 33444 He : Lake Ida Road Congress Avenue to Swinton Avenue Dear Dick : Attached find our breakdown tor aanbours and tee3 associated with the redesign of Lake Ida Road due to addlnr aedlan landscapIng In the roadway. This proposal is tor a bastc lump su. fee of $76,518.GO plus an estimated rei.burslble cost of '9000.00 and subJeot to the ~ exclusions mentioned. We look forward to working with the City of Delray on this project. Should you have any further questions. pleas& let lie kno". Very Truly Yours, ~t" / £Ur~ll~- Henry ~er,p.E..P.L.S. cc : steve Vaughn MaUl'een S1mon .. '. ,',......., " <:) ~~ --- V' ."..-- o \..P ~ -:> . i . .. ¡.~ - I !5a~ ': ð~:;~8::88... ~ ..; · (~:... ~ ;: å ö .. .0 .; ..; Š ,; :i 2 ó ~ ... .., : :~ ~ ~::: -~. ~ - - q ... ~ i i :: ~? \:i ~ : ~ : ~ ~ ..... . r: - .. VII ~ -:: : · l:c::: ::::::n:2ggggg g II:; ~ S:" - i - - .... ó . 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".;:.!!... 1 ; = ~ al . =: : i:: !- ': :: =- þ, ~ èi ::: i ,,-.II ! e I '" __ .. ::: t I:' ¡; ~ :: . : · ~1 ..... ~ :.: : : = -: ~ =:: ¡ I I; i .::: ; ë ¡f ~ :. . ~ ... = .~ ., ß: - ~ .:: ~ : 'I:; :.~ ~ ~ ...: ..; '" ... = ~ - 1 ~ . :: ;; ëà ~ : '!C ~ ~ : -! '1 ~ .! ~ :Q - · '" "þ'" . ~. - ~ .. .. - """ - .... .. - - - .. .. ... ~ _ _ en -= ~ ""- ~ _ ~ /'"" . , ----I.... -~- -,......-~I .....~I __ -- ,.-, ''-....'-":j~:_~, T¡ø~""T f_-~~ ?r:-.--¡;,,:r-._!"'ÎI . MEMORANDUM TO: Dick Hasko, P.E. Asst. City Engineer FROM: Jim Reynolds /7 ~ Chief Design(~er DATE: September 25, 1992 SUBJECT: Lake Ida Road Meeting w¡County Engineers - Steve Vaugn, Henry Heller and Javier Lopez MEETING MINUTES: 1. Plans will only be revised east of E-3 Canal bridge. Bridge plans will not change. 2. HWC to submit separate proposals to County and city for plans revisions. a. County responsible for revisions east of Boy Scout Hut; city west of Boy Scout Hut. b. HWC to submit two proposals to City. One for survey; one for design 3. HWC may need new aerials or existing base maps to be field crew verified. 4. County advised HWC to touch base with SFWMD regarding design revisions. 5. HWC to submit proposal to City sometime next week. 6. county will probably not advertise this project until next September. 7. Plans need to reflect as-built information to 10th Ave. and Boy Scout Hut. JR:mm . cc: David T. Harden, City Manager -Dave"'-Kovacs,- Planning Director William H. Greenwood, Dir. of Environmental Svcs. File: Memos from Chief pesign Engineer JR003925.MRM ~. T' '.:-;~1;n7IE' ifj)ì \ r· " I ~ I : ~. I ¡ \. I" ~ : I . ,. . ". L., 'I '¡\ . . ~.(..~J.( 1\ ...1> . . ,. ~ ~ 1992 "¡-j.\,,.,IG ,tt"l,t','" r, J", ~ 1\, f'~ \_ h. ,. \ .l ~ \ 4 :1 . - ~ ,- .. I, . [ITY DF DELRAY BEA[H ~CIJ ". .", tst .A'/E';LE . :::~;:.:<) E::'CH ~Lú¡:;IC'~J3JJJ . 407 :243· 700: August 20, 1992 Mr. George Webb, P.E. County Engineer P.O. Box 21229 West Palm Beach, FL 33402 Re: LAKE IDA ROAD DESIGN - LANDSCAPE MEDIANS SWINTON TO CONGRESS AVENUE RE-DESIGN AND CONSTRUCTION COSTS Dear Mr. Webb: Following your receipt of my letter of July 27th on this subject, members of my staff (Kovacs and Davila) met with your Engineering Coordination Division (Smith, Carroll, Lopez) and consultants (Heller). The meeting was held on August 5th. The focus of the meeting dealt with the schematic design, re-design costs, and construction costs. Subsequently, we have further assessed the situation and provide the following: Re: Schematic Design: Suggestions were made that concrete dividers be eliminated and other incidental changes be made. Such changes are fine with the City. Our request is to . accommodate landscape medians, most of which will be able to , accommodate a tree line. The purpose of the schematics was only to assist in understanding the project and moving ahead. We understand that the final technical design will be determined by the County. Re: Re-Design Costs: We entered the meeting with an anticipation of re-design costs being approximately $30,000. County and consultant participants felt that the costs would be several times that amount. Following the meeting, our design engineers reviewed the construction documents in detail and have estimated re-design to be in the order of $70,000. Re: Construction Costs: In my letter of July 27th, I asked for a confirmation that there should not be a need for participation, by the City, in the construction costs. At the meeting, it was suggested that the City participate in construction costs based upon a per unit comparison of quantities under each design scenario. Our design engineers have run preliminary numbers and anticipate that there will be a cost savings under our design scenario. Thus, it seems appropriate that such savings be applied toward any re-design cost which may otherwise be assessed to the City. T C" ~ . . . . . . To: Mr. George Webb Re: Lake Ida Road Design - Landscape Medians page 2 Re: Affirmation to Proceed: The above information was discussed with our City Commission during a worksession on August 18th. There was a consensus to proceed with our redesign request. Also, there was a strong position that if the construction bid for the project was less than the projected budget (i.e. current allocation) that amount should be credited toward any re-design and other costs incurred by the City. Given the above information, I request tha t you proceed with a response to my initial letter of July 27th, as modified herein. If your staff feels that our conclusions regarding re-design and construction costs are in error, we will be available for further discussion. Again, please continue to direct inquiries to our Director of Planning, David Kovacs in order to avoid any mis-communication. Sin\relY, " 4(- ~': .~f~,c ,.l~."" David T. Harden City Manager c: Mary McCarty, Commissioner District IV David Kovacs', Director of Planning Greg Luttrell, City Traffic Engineer Wm. Greenwood, Dir. of Environmental Services Dick Hasko, Assistant City Engineer Lula Butler, Dir. of Community Improvement Nancy Davila, City Horticulturist John Carroll, P.E. Director of County Roadway Production .. Javier Lopez, P.E. Program Manager Roadway Production , David M. Smith, Director County Engineering Coordination Div. David Henninger, President, Lake Ida Homeowners DJK/IDALS.DOC ., . . . CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: LANDSCAPE MEDIANS, LAKE IDA ROAD, £AST OF CONGRESS AVENUE é~' MEETING ATE: AUGUST 18, 1992 PREPARED . _1'J~~M~'s'.c.~TOR OF PLANNING BACKGROUND: This subject was before the City Commission previously at which time direction was given to proceed with firming up costs and other obligations. . Attached is a letter from the City Manager to the County Engineer in which all the items of concern are identified. Subsequent to the letter, the Director of Planning met with County Staff and our Assistant City Engineer has met with the County's design consultants. The results of those meetings will be discussed at the worksesslon. DIRECTION: Further direction relative to pursuit of the project. - Attachment: * Harden letter to George Webb DJK/CCLAKE.DOC ., / . [ITY OF DELRAY BEA[H ~ co ,.:¡ 1" ~ ~ '.~:. . ~ -_ r . ()~LR~~ :O~·~C.~ ~l~HI~':')J.s-=.s . 407/'4) 70Q1) July 27, 1992 Mr. George Webb, P.E. County Engineer P.O. Box 21229 West Palm Beach, Florida 33402 Re: PROPOSED LAKE IDA ROAD DESIGN SWINTON TO CONGRESS AVENUE LANDSCAPE MEDIAN CROSS-SECTION Dear Mr. Webb: As you are aware, the City of Delray Beach has an extensive roadway beautification program. As a part of our overall program, landscape improvements were targeted for Lake Ida Road and some funding has been set aside for that purpose. The current cross-section for the County's Phase I of the Lake Ida Road Improvement Project (Congress to Swinton) does not accommodate our desire for a landscape median. Further, the County's 5-Year Road Plan calls for construction of this section in FY 92/93 with a tentative start date in early 1993. . While the roadway plans are near com~1etion for the construction of a 5-lane section, we understand that there is still the ability to alter the design without excessive delay in completing the project. Our City Traffic Engineer has been working with the County Roadway .. Production Division relative to a possible redesign. The parameters of the work include the following: 1. Proposal: A cross-section in general conformance with a typical section as referenced in a letter from Javier Lopez, P.E. , dated June 1, 1992; and the subsequently submitted red-marked plans showing median openings and turn lanes. In general, the proposal involves: A. obtaining about 5 . 5 · of right-of-way from Sta 137+20 to approximately Sta 158+80. B. accommodation of seven ( 7 ) landscape medians (hardscape by County, landscape separate by the City) between Congress and N.W. 5th Avenue in lieu of the designed fifth lane. C. accommodation of five (5) turn lanes in lieu of the designed fifth lane. D. accommodation of one ( 1 ) right turn lane to serve future development. T - ~ ,'. ~ , '. " ,I . Mr. George Webb, P.E. Proposed Lake Ida Road Design - Swinton Avenue to Congress Avenue - Median Cross-section Page 2 E. accommodation of t~rnlng movements onto an extension of N.W. lOth Avenue which is currently designed, permitted, and under construction. F. a wall which exists adjacent to nine ( 9 ) lots of the Lake Ida Shores Addition will be demolished as a part of the construction project (provided that it is located within the to-be-deeded right-of-way). Any new wall will be designed and constructed through arrangements between the City and the affected property owners and homeowners association. 2. Conditions to Accommodating Redesign: Through discussion among our staff, I understand the following accommodations are to be met: A. the cost of redesign, as it pertains to changes A through D, above, are to be at the City's expense; B. the City must provide, by deed, the additional right-of-way; C. by pursuing redesign, the overall scheduling (in the 5-year program) will not change; however, the start date may likely be delayed until the end of FY 92/93. 3. Additional Conditions: In addition to the above, a property owner (Isles of Delray) has required the following in order to obtain the needed 5.5' of additional right-of-way from Sta 131+20 to Sta 146+40: A. In that there is excessive right-of-way provided along Isles of Delray property from Sta 126+60 to 137+20, he desires that it be abandoned (8.5' after accommodating the 5.5' need for the proposed section) . The excess right-of-way was dedicated by plat, in 1980, to the "City Council of Delray Beach". Given this situation, may the City consummate the abandonment process, or must the County do so? If the County must act, what time frame is involved and must such an abandonment precede redesign efforts? Please note that this abandonment will be compensation for his dedication of right-of-way from Sta 137+20 to Sta 146+40. B. Acconunodation of a westbound right turn lane, across from Roosevelt - this turn lane would be needed to accommodate access into the yet to be developed portion of Isles of Delray. It seems appropriate to construct this feature concurrently with the other road improvements; this is true from both a convenience and ultimate cost savings perspectlve. Given all of the above, I am seeking the following confirmations, directions, and commitments from your office: 1. That the above items constitute your Department's understandings of the situation. ., y . Mr. George Webb, P.E. Proposed Lake Ida Road Design - Swinton Avenue to Congress . Avenue - Median Cross-section Page 3 2. That since the original dedication on the Isles of Delray plat was to the City of Delray Beach, that the City Commission can consummate the desired abandonment. 3. That the redesign costs to accommodate the landscape median would be assessed to the City. Please provide an estimate of those costs. 4. What time frame is required, of us, with respect to delivering deeds for additional right-of-way and funds for redesign, in order to retain project funding in FY 92/931 5. Since the accommodation of the landscape medians (curbing) and concrete medians will occur in what was to have been a paved fifth lane, it appears that there should not be any costs to the City for such construction. Please confirm. 6. The westbound right turn, across from Roosevelt, does not represent a significant cost and thus, it also, would be accommodated without any additional cost to the City. Please confirm. I believe that the above brings together all of the facets associated with this project. Your prompt attention to this request is desired so that undue delays do not occur. Our Traffic Engineer is not available until August 13th; thus, please direct your inquiries and requests for additional information to our Director of Planning, David Kovacs. He can be reached at 243-7040. Thank you for your assistance in getting to this point. I look forward to your response. Sincerely, ~ 4,J~/J~ , DAVID T. HARDEN City Manager c: Mary McCarty, Commissioner District IV David Kovacs, Director of Planning Greg Luttrell, City Traffic Engineer William Greenwood, Director of Environmental Services Ralph Hayden, City Engineer Lula Butler, Director of Community Improvement Nancy Davila, City Horticulturist John Carroll, P.E., Director Roadway Production Javier Lopez, P.E. , Program Manager Roadway Production David Henninger, President, Lake Ida Homeowners CL/DJK T:WEBB <, · C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER FROM: ~A1f~~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 23, 1992 ACCOMMODATION OF LANDSCAPE MEDIANS IN THE LAKE IDA ROAD IMPROVEMENT PROGRAM, EAST OF CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of providing direction regarding a potential change to the design plans for Lake Ida Road by accommodating landscape medians. The project is the widening of Lake Ida Road from Congress Avenue to S.E. 2nd Avenue (Pineapple Grove Way). The area impacted by potential landscape medians is generally between 1-95 and the Boy Scout Hut. BACKGROUND: The Lake Ida Road widening project is scheduled for FY 92/93 '(next year) with an early construction start. Design plans have , been completed and are essentially ready for bid. " In response to inquiries, the City again viewed the design plans to see if landscape medians could be installed where a fifth (center/turning) lane does not have practical value. We have determined that while there is such a possibility, the following obstacles would need to be overcome: * cost for redesign (estimate in the range of $30,000); * obtaining additional right-of-way along the easterly portion of (former) Isles of Delray; * obtaining additional right-of-way along single family homes which back lot along the north side of Lake Ida Road, between 8th Avenue (extended north) and the Boy Scout Hut property; * costs for installation of landscaping and irrigation; * potential for delay in the construction date. Cost for Redesign: This cost is estimated to be in the range of $30,000 and will not be absorbed by the County. Cash flow exists for this amount. '. . . City Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road . Imrpovement Program, East of Congress Avenue Page 2 Obtaining riqht-of-way from (former) Isles of Delray: The property owner is receptive to assisting in this endeavor, provided that there is no out-of-pocket cost to him and a few other considerations. These include: * design and construction of an eastbound, left turn lane at 10th Avenue -- This is appropriate and can be accommodated at no additional cost to the City given the other changes being contemplated. * design and construction of a westbound, right turn lane at 10th Avenue -- There may be an additional cost imposed by the County for "early" construction, since it is contrary to their policies to construct such lanes for future development. On a unit cost basis, we anticipate a $3,000 to $5,000 obligation unless the County agrees that there are other cost savings which wash-out this item. * that the City prepare the survey, legal description, deed, and all costs associated with quit-claiming the desired additional right-of-way. While City staff can be used for some items, it will be appropriate to use the surveyor of record at an approximate cost of $4,000 to $7,000. * that the City pursue and obtain abandonment of the excess right-of-way along the west side of the Isles of Delray. This includes legal and survey costs in additional to processing (possibly through the County). City hard costs at approximately $ 1,500. Obtaininq Riqht-of-Way from Sinqle Family Lots, north of Lake Ida Road: Property owners in this general area have been ~ concerned about the condition of the concrete wall which presently exists there. There is a general desire to have a new wall, eight feet in height, constructed. Representatives from the Lake Ida Homeowners Association feel that right-of-way from all - but one - of the lots can be easily obtained. The other lot is in the processes of being sold. Also, they would like to have a new wall installed concurrent with the road work. While the Association may be able to pay for construction of the wall, it may be incumbent upon the City to obtain the right-of-way and prepare the construction documents. Installation of Irrigation and Landscapinq: Lake Ida Road landscaping was initially a 1987 Utility Tax Bond item but due to conflict with road widening, it was reassigned to the Decade of Excellence program. The Decade of Excellence allocation is approximately $143,000. Estimates for actual installation are not available in that a design has not been done. '. . . City Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road Imrpovement Program, East of Congress Avenue Page 3 Potential Delay in Construction: While there is discussion at the County (BOCC) about deferring certain road projects in order to achieve budget savings for next fiscal year, the Lake Ida Road project is still scheduled. If we proceed with a request for redesign, the construction date will be delayed but not abandoned. This situation could change if our request unduly delays the project. DIRECTION FROM THE COMMISSION: Gi ven the above obstacles and the manner in which they can be overcome, direction is sought from the city Commission as to how the Administration should proceed. If we do proceed, individual cost items will be brought before the Commission pursuant to established practices. It is recommended that if a decision to proceed is made, that it carry a caveat that if difficulties arise with property owners (regarding obtaining right-of-way) and arrangements for right-of-way are not firm within sixty (60) days, that the affected portion of the project be dropped. RECOMMENDED ACTION: Commission discretion. , Attachment: * Schematics Showing Location of Landscape Medians DJK/CCWIDEN.DOC " . ,,:>m ,q I I I I I totJ~~ I ~IIE \ I ~ ~ I I " ~ · ~ · I fJ I f I I ~ ~ I I ~ \Ç ž I E. \ " I R /It " I I \ f l} 3 I ~ ~ I \ ~ ; £ ~ · It.. \ I I r ~ I \ , . c.........~. 'I~ ~ ~ I ~ \ *' I I I I .~ ~ I \ ~ . I 9 l "l¿) I I $ ~ ¡ i i ;- " \ [ , " I r I ~ 1 \ : ~.A.D h,,\ \ I I #;1O.Ø' : I ~.~~ I \ I \ ..; I <ZI I · I I · I 1 ~:\~ I i \ I I £ . /: --r- 115 I ~f:þU¡.JO , 0; 1: .~C; j ~ t I , I ~ Ill.. I I I I I I \ I I S. I ' r I I ., ~ I I ~ I I -~j ~ I I , I S' \ IT I I I r I I I I ~~\ I . I I I I I I I 'z~ I I 111 , .\ '. " . I ~ Il~ .... ,,.... <.:>1"~ I~ I I . I I I ~ ., i I I ¡ I : iI ~IÞCo! [ I .~ 3 I '~ I I I ~ I I . I þ z: \ 'J I ~ I I I I j \t ,. E I I \ I I 4 I /2ç- ''3, \ ~ I I I I I I I I \ I &1 I I I I ~ I , ¡ , , I I \ ,z(.: I I I .·/~ I I J I I , I I #.. f I \ I ~ ~t~ I , f: ca< ft I G . - ~ I I , , to F ~ \ \ I ~ \ " 'l7 E-'\ "'\ I I \ \ . . . . , I I ~ ~ \ \ ~ ~ . i ~ 1 I I I \ I ., E \ £: !. 'l' I I I 6 \ \ I \ ~ I \ ~ I \ \ \ I ~ \ \ \ \ \ I~ '~5 R> ., . , ~I-<\I I I I ",.. '~1 . . I I I I , ~ ~ r · I I I I ,",'t..' I 1 ¡ I I '~ . I I , I I ~ \ ? I ' ~ I I I ! I . I I I I ...~ . ~7: I . I I I I I I I I I I I I I I !1\ I , , 111 . ~ I :K I ~ I I . ~ , ž E I I I I $" I I I I \ "'4 ~ '1& tf E E I 4' I I ~ I I I I ~ I , · · I I I I I I I I I I ''1S I I z - '~ ~ I ;\ ~ I , I I I ., I · I~ I I · .~ '+ E ~ I I I I I ~ ~ ~ _K~ I . , f~ F ú ~ ~ I ! ¡ ~ái -" I I . I II [" -- I (ì I ,~ I r E Õ /. /- {¡ þ> 1"\7 ~ ¡51 ..( ~ n I . I ,..... '. . . IT. ". \ . \ ,":>TA ~l I I \ "3 ~ I , I . t . I \~ , I \ 15<\ I "" I I \ lti I I I , 'P I . I : . I 1% II I I I I " ~s :1 I I I I p ~~ I , / [ I I [ , :;. i , I . , r I . . I I -I'. e. I I I I t E I I ~ I I I I tSo I 1 . \ I S I . I t I I I ~ I ~ I IS, I ž I I' Î I , / ~ [ I I J I I l , I £ '" ¡ I I I , 1/ \ "\ I, . , \ @ti I~' \ \ I~~ ......" " " SENT 6Y:Xerox Telecopier 7020 :11-26-6> : 7:03 . 4076844'23~ 407 243 7221:. 2 , ~ oard of Ccnmty CommINlolW't County MmhdltratGr arm T. Marcua, Chait Robert WeÛll1W\ itate Phi11ips, Vlœ Chait aroI A. Roberti Dep~tof~~ 1101 J. BbnquJlt and P\lbUe Worb (ary McCarty en L Fo.ter (tude lord Lee /-- ooto):).r 27, 1"1 City of Del~ay leaob 110 N... ~irat Avenu_ Dell'ay aeaob, J'L 33'''' -- ATT.. Xr. David T. Karden city MaD.qe~ ... r.aa %DA ItOaD- CORU88 Av..u. m SWZIft'OB &'9IU11U. ¡ i »aLII BBaCB COUll'ft ltao.JBC'I . '050a J SUBJIO'II yon LJlftD 01' .nJI.'I 17, 1111 I ,\ Dear 1Ir. BardeDI It. ia my underBtaluU,D9 that our .tatt. have reaohed a9re..ant OD a ravl.ad 4..iqn to aooommodate tbe city'. requa.tad landsoaped median for a po~tlon ot the rererenoe" roa4vay. t I coat. and reapon.l):)ility vill b. .. tollow.. 1. The oi ty ahall pay all red.a:1qn anel ~epermi t ooata ¡-.quire" to acooDoelate the me4iu. The City v:111 D_qot1ate vitb, and pay 41~.otly to tbe Oounty'. projeot oon.altut fo~ tbe vork in que.tioa. 2. Th. City aball aoquire all a44itional ~ic¡bt-of-way aad temporary oonatnotioa ....ent. a. ~equlre4 to aooo_04.t. the ~ev1.a4 4e.1qn .ection at no ooat to the County. J. The cl t.y abal1 ):)e ~e.pon.ible fo~ County 4e.IC¡D reviev ooat. ..aooiatet vi t' the revl.e4 plan. for the median .ectioD .. reque.te4. 4. Tbe cit.y .hall be credit.4 or 4.l)ite4 for the 41fferenoe in e.tiaate" con.traotion oo.t.. betV..B the County'a ourrent 4e.igB &D4 the ai ty' . revi.ea 4..ic¡D. .e would propo.e the 8..e unit p~ioe. b. applie4 to both 4..i91'.. Thi. calculation woul4 be performed afte~ the ðity'. «e.i;11 va. oompletea u.inq aD aq~ee4 UpOD oon.truotioB coat inde.. The e.tim.te. would be modified to I refleot the 4itfereBce that could ):)e expeoted from a 1"2 ver.u. . 1"3 pro~eot. Any credit o~ de):)it wou14 then be oaloulate4. " . ~c~i ðY:Xerox Telecopier 7020 ;11-26-6> ; 7:04 . 4076844123-' 407 243 7221:# 3 I , ~.ge a 'otober 27, 1"2 IBC' 10501 Aa to the timinc¡ of con.truction, it i. highly unlikely tbat the cbe4ul. .et fortb in your letter can be .et. Bowever, the County will Þid be p~ojeat a. quickly a. pos.ible afte~ the completioD of you~ ~e4..ign, 'lqht-of-vay aoqui.i tion an4 reoeipt ót all gove:nmental pemi t"-; The timing f ~he.. it.. i. under the tota! oontrol ot the City all the 4e.ign : oD.u1tan~ i. workin; dir.otly to~ the city. ; . aa to your reque.t tOI' abudoø.nt of dO... riqht-ot-vay, 1n acoor4aDce I ith our Thorouqbfare Right-ot-Way prot.ction Xap, th. ultimate rigbt-of·.ay or Lake %da RO.d i. 110 teet. Bov.ver, v. vill be ..ting th. Boar4 to i o4ity the TboZ'ouqbfare Plan to Z'eduoe th. rigbt-of-w., to 10 teet 4u:d.DQ tb. I .xt Coaprehen.ive .lan update, .. .uob, I 8upport the city movinq torward I I I ith the riqht-of-way .wap as % 4iscu..e4 with David Kovaos. I , with regard. to tb. co.t of turn lan.. for future d.velopment, it i. our nderatan4inq that this i. to be inclu4.4 vitb any and all oon8truotion 01' aDd.cap. coata .. a r..ult of the oity's revi..d d..iqø. The above .eta forth our underatandin9 of the City aDd county ..poD.ibility in this utter. The additioDal oost. of Late Ida froll .a.t of winton ~o e..' of HB 2nd ~v.nu. will oOD~inu. to ~. the r..po~sibility of he city. ., oOPY of this l.tter, I am requ..tiD9 ... .arlen. Iverit~, A..istant oUDty AttOrDe" to pr.pare an interlocal .qr....Dt ..tting fo~tb the term. nd conditions to aocompli.h tbe city'. requ..ted ohang... lnoer.l, , 'o~. ~. .ebb, '.B. I )ut1' BD4jU¡..r I ~I".C:C. í 10. i .:a commiaaione~ Xary KoCarty, commi..ioD Di.triat '4 David Kovaoa, Dir.otor of 'laDDiDC¡ a~e9 LuttZ'.ll, City ~raffio Inqin..r b. (lr..nwood, Dire of Bnvironaent.l .erd.ae.' Diok ...ko, A.sistant oit7 In9in..Z' -- Lula BUtler, Direotor of co_unity ¡mpZ'ov..ent .aDay Davila, Oity Bortlaulturiat John CaZ'Z'011, V.B., Direotor, Roa4.ay »roduotioD KarleD. 1v.~1tt, a..i.tant count, attOrD.y L. "a.ie~ Lope., v.a., 'Z'OCJr.. IlanaVer, Roa4".y ~r04uotioD Dave .aith, Di~.otor, InqineerinQ Coordination David BeDninger, »Z'e.14.nt, Late %da Bo..owner. roadwar.lbC\90502 "