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10-29-91 Regular 'III . . CORRECTED AGENDA - PLEASE DESTROY ALL OTHERS CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 29, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS - RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations) . The Mayor of presiding officer may adjust the amount of time allocated at hisjher discretion. - . A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commi ssion may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sigp.-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who become boisterous while addressing the Commission shall be barred . City Commission Regular Meeting. 10/29/91 from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. - APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. - -.-- AGENDA .___ __'·-0 ._______ 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. . . 5. Approval of Regular Meeting minutes of September 24, 1991 and October 8, 1991. 6. Proclamations: A. National Bible Week - November 24, 1991 through December 1, 1991. 7. Presentations: None. 8. Consent Agenda: City Manager recommends approval. Œ2 SERVICE AUTHORIZATION NO. 2/HELLER - WEAVER AND CATO, INC. : Approve Service Authorization No. 2 in the· amount of $24,500 for consulting engineering services to prepare right-of-way information map of South 10th Street from S.W.. 11th Avenue to Federal Highway, U.S. 1 northbound (S. E. 6th Avenue, and 1000 feet south along Wallace Drive, with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). ... B. AUTHORIZATION TO FILE AN APPEAL OF COST JUDGMENT: Authorize the City Attorney's Office to final an appeal of cost judgment in favor of Purvin Industries in the Aero-Dri litigation case. ~4 APPROVAL OF LEASE AGREEMENT/FIRE STATION NO. 5: Approve a month lease agreement with Gelco Space, Inc. in the -2- '''-j '11' City Commission Regular Meeting 10/29/Q1 approximate amount of $22,440 for a double-wide trailer to be used as temporary living quarters for Fire Station No. 5. Funding is available in Fire Administration - Rental Equipment (Account No. 001-2311-522-33.42). D. RESOLUTION NO. 85-91: A resolution authorizing the purchase and lease of property located on the south side of Germantown Road at the intersection of Linton Boulevard for the construr.tion of Fire Station No. 5. E. WAIVER OF SIDEWALK INSTALLATION REQUIREMENT: Approve a request for waiver of sidewalk installation along Luke Lane in the Wallace Square subdivision located south of Thomas Street, between Seabreeze and Andrews Avenues. F. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from St. Mary the Virgin American Episcopal Cþuz::ch to provide for the extension of a utility line through the church parking lot. G. AGREEMENT FOR ENGINEERING SERVICES: Approve an agreement for general civil engineering services with Lawson, Noble and Associates. H. ADDENDUM NO. 2 TO THE GOLF MANAGEMENT COURSE AGREÈMEÑT: Approve an amendment to the Golf Course lease agreement which provides for the transfer of the liquor license from Dubin and Associates, Inc. to the City upon termination of the Golf Course Management Agreement. 1. AUTHORIZATION TO PLACE S I G~~_-.lti_ THE CITY'S RIGHT-OF-WAY: Approve the request from the West Atlantic Avenue Property Owner's Association to place signs in the median in the City's rights-of-way in conjunction with the Old Fashion Family Picnic. J. AUTHORIZATION TO PLACE SIGNS IN THE CITY'S RIGHT-OF-WAY: Approve the request from the Sunshine Tennis Cup Association to place signs in the median in the City's rights-of-way in conjunction with the Sunshine Tennis Cup Tournament. K.RATIFICATION OF SOUTH CENTRAL REGI9NAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: (1) Change .Order No. 3 to the contract wi th SCE, Inc. for the odor abatement project in the amount of $25,051 ... (City's share of funding $12,525.50). (2) Use of the Sinking Fund to repair and replace equipment at a cost of $42,800. (3) Use of excess operating revenues from FY 1990/91 to fund the cost of the emergency access road. L. RESOLUTION NO. 81-91: A resolution assessing the cost of abating nuisances on 38 properties located within the City. -3,.- .".. '" . City Commission Regular Meeting 10/29/91 M. RESOLUTION NO. 82-91: A resolution vacating and abandoning a portion of an alleyway associated with the Amoco Station on West Atlantic Avenue and N.W. 8th Ave. N. RESOLUTION NO. 83-91: A resolution authorizing staff to submit a grant application for funding in the amount of $10,000 in support of our Litter Prevention program and allocate the City's màtch from the Sanitation Account. O. AWARD OF BIDS AND CONTRACTS: 1. S. Federal Highway BeautificationjMedian Curbing Improvements - Florida Blacktop, Inc. , in the amount of $69,124 with funding from 1987 Utility Tax Beautification S. Federal Highway/C-15 to Linton (Account No. 333-4141-572-61.26). 2. Hamlet Drive Manhole Replacement - Environmental Services - D.S. Eakins in the amount of $18,750 with funding from Water and Sewer Repair and Replacement/ Manhole Rehabilitation (Account No. 442-5178-536- 61.84). 3. Annual Lot Clearing and Mowing - Code Enforcement - various vendors in the estimated annual amount of $45;000 with funding recovered from property owners through Accounts Receivable, on a case by case basis. 4. Rental Rehabilitation Program - 148 - 150 S.W. 14th Avenue - Intercontinental Construction Corp. in the amount of $14,468 with funding from Community Development Housing Rehab (Account No. 118-1975-554-60.23). 5. Two (2) Toro Riding Mowers - Parks and Recreation - Hector Turf (GSA Contract) in the amount of $25,231.56 with funding from Parks Maintenance and Cemetery (Account Nos. 001-4131-572-60.69 and 001-4511-572-60.69). 6. Microfilming Equipment (Lease/Purchase) - City Clerk's Office - Eastman Kodak in the estimated annual amount of $10,179. Total purchase cost $50,896.80. Funding is available in City Clerk's Capital Outlay/Office (Account No. 001-1411-512-60.86). 9. Regular Agenda: A. !ŒVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 8, 1991 through October 28, 1991. B. REVISED SITE PLAN/MILLER PARK: Consider the revised site plan for Miller Park. -4- '.... ." 'Ci ty Commission Regular Meeting 10/29/91 C. REQUEST FOR TEMPORARY CERTIFICATE OF OCCUPANCY: Consider a request for a temporary Certificate of Occupancy to use the outside dining deck at Brandy's Waterfront Cafe. D. REQUEST TO HOLD PEACH UMBRELLA FESTIVAL/WAIVER OF STAGE RENTAL FEE/INSURANCE REQUIREMENTS: Consider a request from the Peach Umbrella Association to hold their annual Fall Festival on November 9, 1991 from 8:00 a.m. to 5:00 p.m.; a request for waiver of the rental fee for the small stage; and a request to waive the insurance requirement for this event. E. REQUEST TO HOLD CARNIVAL/AMERICAN LEGION POST #188: Consider a request from American Legion Post #188 to use City property located on S. W. 8th Avenue and 10th Street, south of the Municipal Cemetery to hold a carnival from December 2 through December 8, 1991. Ci ty Manager recommends approval, subject to conditions. F. ENCROACHMENT INTO THE CITY'S RIGHT-OF-WAY: Consider a request to allow awnings to encroach over the City's right-of-way for New York Dance Experience, Delray Gallery, The Trouser Shop, Delray News Stand, Meier Le'Man, Kazuko Dress Designing, Turnover Shop, and Old House. Site Plan Review and Appearance Board recommends approval. _ . G. WAIVER OF LANDSCAPING REQUIREMENTS: Consider a request to reduce the required perimeter landscape strip to four feet for Foreign Car Engineering (formerly Barron's K-9 Kennel) located at 75 North Congress Avenue. Site Plan Review and Appearance Board recommends approval. H. REQUEST FOR REDUCTION OF SITE PLAN PROCESSING FEE: Consider a request for reduction of the $500 processing fee for a minor site plan modification to $50 (non- impacting site plan modification fee) for 401 N.E. 2nd Avenue. City Manager recommends approval. I. REQUEST FOR WAIVER OF SIGN PERMIT APPLICATION FEE: Consider a request from the Sunrise Kiwanis for waiver of the sign permit application fee in the amount of $204. J. REQUEST FOR AESTHETIC IMPROVEMENTS/MCDONALD'S RESTAURANT: Consider a request to establish a playground facility at the McDonald's Restaurant located east of the I -95 Interchange on Linton Boulevard in Delray Crossings. Site Plan Review and Appearance Board recommends approval. ... K. REQUEST TO HOLD SPECIAL EVENTS/CHAMBER OF COMMERCE: Approve a request from the Chamber of Commerce to hold their annual Harvest Fest on November 16 and 17, 1991 and the Holiday Pageant Parade on December 14, 1991; and, consider special action requests. -5- '''' City Commission Regular Meeting 10/29/91 L. CONDITIONAL USE MODIFICATION: Consider a modification to the conditional use approval for the addition of an "automated car wash at the AMOCO Station on West Atlantic Avenue and N. W . 8th Avenue. Planning" and Zoning Board recommends approval. M. TEMPORARY TENT PERMIT/REQUEST FOR WAIVER OF PERMITTING FEES: Consider a request from the Unity School and Happy Holiday Christmas Trees to erect a temporary tent at 1640 S. Federal Highway in order to sell Christmas Trees from November 10 to December 31, 1991; and, for waiver of the permit aI1d application fees. N. AGREEMENT WITH WILLIAM SWAIM AND ASSOCIATES: Consider an agreement with William Swaim and Associates for development of the Donnelly Preserve Property. City Manager recommends approval. O. LICENSE AGREEMENT I SAN CHARTERS, INC. D/B/A STILLWATER CRUISES: Consider approving a ten year license agreement which will allow ISAN Charters, Inc. to operate a recreational cruise boat operation at Veteran's Park. P. REFUNDING OF UTILITY TAX BOND/NOTE AND GENERAL OBLIGATION BONDS: Consider the refunding of the 1987 Utility Tax Bóñd, the 1989 Utility Tax Note and the 1985 General Obligation Bonds. City Manager recommends approval subject to conditions. Q. APPROVAL OF LEASE AGREEMENT/FIRE STATION NO. 5: Approve the lease of property located on the south side of Germantown Road at the intersection of Linton Boulevard to be used as the temporary site for Fire Station No. 5. City Manager and City Attorney recommend approval. R. RESOLUTION NO. 86-91: A resolution requesting the transfer of jurisdictional powers from Palm Beach County to the Ci ty for Swinton Avenue extended from South 10th Street to the north Cit:y limi t¡ Seacrest Boulevard extended from N.E. 4th Street to Gulfstream Boulevard; and N.E. 22nd Street between Swinton Avenue and Seacrest Boulevard. S. RESOLUTION NO. 84- 91 : A resolution requesting the 1992 Florida Legislature to provide adequate funding for the preservation and repair of the State's Beaches, and to identify a long-term dedicated funding source. City Manager recommends approval. ... T. AUTHORIZATION TO HIRE ADDITIONAL PERSONNEL/ENVIRONMENTAL SERVICES: Consider a request from the Environmental Services Division to hire an Utilities Inspector and two additional part-time Engineering Inspectors to manage the Sewer System Rehabilitation and Enclave Water and Sewer Line Extension Programs. Funding is available in the 1991 Water and Sewer Revenue Bond (Account No. 447-5167-536-00.00 and Water and Sewer Fund Renewal and Replacement (Account No. 442-5168-536-00.00). -6- '" City Commission Regular Meeting 10/29/91 U.REQUEST FOR MODIFICATION OF APPROVAL STANDARDS FOR . DOLPHINS: Consider a request from the property owner at 1019 Del Harbour Drive to install two dolphins 40 feet from the seawall instead of 25 feet as provided for in the City Code. City Engineer/Chief Building Official recommend denial. V. REQUEST FOR MODIFICATION OF APPROVAL STANDARDS FOR A DOCK: Consider a request from the property owner at 920 Hibiscus Lane to extend his dock 26 feet beyond the eight foot maximum provided for in the City Code. City Engineer/Chief Building Official recommend recommend approval. W. REQUEST FOR MODIFICATION OF STANDARDS OF APPROVAL FOR A DOCK: Consider a request from the property owner at 1 N.W. 25th Court to install a boatlift 10 feet within the required 25 foot setback as provided for in the City Code. City Engineer/Chief Building Official recommend approval. X. APPOINTMENT OF A MEMBER TO THE HOUSING AUTHORITY: Appoint a member to fill the expiring term of William Maher. Y. CITY MANAGER'S EVALUATION: Z. CITY ATTORNEY'S EVALUATION..;. - . 0E£ ROD£nDUJn - 10. Public Hearings: J A. ORDINANCE NO. 73-91: An ordinance "rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) zone district in part, PC (Planned Commercial) zone district in part, and AC (Automotive Commercial) zone district in part. City Manager recommends continuance of final action until 11/26/91. ~. ORDINANCE NO. 72-91: An ordinance amending the Five Year Schedule of Capital Improvements, Table IV-3 of the Comprehensive Plan. Planning and Zoning Board recommends approval. C. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY: Conduct a public hearing on the City's Comprehensive Housing Affordability Strategy and authorize staff to forward the report to the Department of Housing and Urban Development. City Manager recommends approval. .. 11. Comments and Inquiries on Non-Agenda Items for the Public - Immediately following Public Hearings: A. Ci ty Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: -7- 'III . . City Commission Regular Meeting 10/29/91 JA. " ORDINANCE NO. 75-91: An ordinance amending the Land Development Regulations to allow for the issuance of temporary use permits for City operated facilities. If passed public hearing November~. City Manager recommends approval. d1o¥î ~B. ORDINANCE NO. 76-91: An ordinance annexing property located on $outh side of Germantown Road at the intersection of Linton Boulevard with initial City zoning of Community Facilities ( CF) , in part, for the permanent site and Agricultural (A), in part, for the temporary site and access road, in order to facilitate the construction of proposed Fire Station No. 5. If passed public hearing November 26th. J C. ORDINANCE NO. 77-91: An ordinance amending the Code of Ordinances by adopting a proposed revision to the City Charter to provide for an increase in the terms of office from two to three years, subject to approval by voter referendum. If passed public hearing November b2th. ,c¡++1 D. ORDINANCE NO. 78-91: An ordinance amending the Code of ~dinances by adopting a proposed revision to the City Charter , 0 provide for an increase in the terms of service from two to ~ three years with an election every year, subject to approva~ .by voter referendum. If passed public hearing November 12th. jE. ORDINANCE NO. 79-91: An ordinance amending the Code of Ordinances by adopting a proposed revision to the City Charter to provide for the elimination of a second nonpartisan election, subject to approval by voter referendum. If passed public hearing November ~th. IF. ORDINANCE NO.,q 80-91: An ordinance amending the Code of Ordinances by adopting a proposed revi sion to the City Charter to provide for a limitation on the terms of office to six consecutive years, subject to approval by voter referendum. If passed public hearing November 1-2th. fu~ u...X-L£i Ie¡ m~ ~ G. ORDINANCE NO. 82-91: An ~inance amendinthe Lan~ Development Regulations to pro·vi for a line of demarcation, west of which the use of Municipal water for irrigation purpos~ is prohibi ted¡ and to establi sh a provi sion for exceptions due to special circumstances. Planning and Zoning Board recommends approval. If passed public hearing November ~th. ~ ~ Ie¡ LV 13~ Co_ents and Inquiries on Non-Agenda Items: ~ A. Commission B. City Attorney C. City Manager -8- ." . . CITY OF DELRAY BEAC~FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 29, 1991 - 6:00 P.M. j PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS -----~ ADDENDUM --.---.-.---.- THE REGULAR AGENDA IS AMENDED TO INCLUDE: AA. RESOLUTION NO. 87-91: A resolution a"uthorizating the Communtiy Redevelopment Agency to acquire two lots in the area known as "Banker's Row". City Attorney recommends approval. BB. DECLARE AN EMERGENCY AND AUTHORIZE STAFF TO NEGOTIATE CONTRACTS/FIRE STATION NO. 5 : Declare an emergency and authorize staff to negotiate contracts for site clearing, paving and drainage connections associated wi th temporary Fi re Station No. S site. ,..., ,''' £ITY DF DELIAY BEADI , '00 'J W 1st AVENUE DELRAY BEACH. "LORIDA 33444 .¡Q7 :.J] -~':'] f . PROCL·UIA TION ~ WHEREAS, our victory in the recent Persian Gulf conflict and the disintegration of Communism in Eastern Europe have thrust even greater responsibility on our shoulders as leaders in a troubled world; and, WHEREAS, this time of recession with its attendant plights of joblessness and homelessness test our working people and their families and challenge their beliefs; and, WHEREAS, our children and the ·youth of the world are confronted with difficult decisions and bewildering choices every day in an increasingly complex society; and, WHEREAS, it becomes necessary to educate all of the American people but especially the youth to the values that distinguish a humane and caring society; and, WHEREAS, for fifty-one years America's business and professional people, men and women of all faiths, banded together in the Laymen's National Bible Association has sponsored National Bible Week as a time to remind all Americans, whatever their personal faith, of the Bible's unique place in American history; and, WHEREAS, this annual emphasis has helped to strengthen spiritual awareness in the past throughout America by encouraging personal reading and study of the Bible, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim November 24 to December 1, 1991, as "NATIONAL BIBLE WEEK" . in the City of Delray Beach. I urge all of my fellow citizens to j participate in its observance by reading the Bible and discovering its importance in the life and culture of our nation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 29th day of October, 1991. MAY 0 R THOMAS E. LYNCH ~~"õ";II'J".··,.t......... ~.. (0'__ - """:'~~~.-'-' ." . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER¿'fc1 SUBJECT: AGENDA ITEM # tA - MEETING OF OCTOBER 29, 1991 SERVICE AUTHORIZATION NO. 2/HELLER - WEAVER AND CATO DATE: October 25, 1991 This item is before you to approve Service Authorization No. 2 to the contract with Heller - Weaver and Cato. This service authorization is in the amount of $24,500 and is for professional engineering services necessary to provide a detailed map reflecting the right-of-way information of South 10th Street from S.W. 11th Avenue to Federal Highway. This is a Decade of Excellence Project for the widening of 10th Street from Germantown Road to Federal Highway. Funding is available in the Decade of Excellence Bond Issue/ Street Reconstruction (Account No. 225-3162-541-61.17). Account balance as of 10/16/91 $1,337,901.92. Recommend approval of Service Authorization No. 2 in the amount of $24,500 with funding from Decade of Excellence Bond Issue/ Street Reconstruction (Account No. 225-3162-541-61.17). fwJ..J.&- Fn ~ j mo.yðl ?'d ~ Cffi- ~ f:6 ~~ ~ ~6-0 ow'" '" ¡ í , . . Agenda Item No.: AGENDA REQUEST Date: October 11, 1991 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: OC't"nher 2Q. 1991 Description of agenda item (who, what, where, how much): Request City Cnmm;~~;on to approve Service Authorization No. 2 to Heller-Weaver and Cato. Inc. for ~T.J/~F. 10th Street Right-of-Way Information map. Project No 91-68. Funding ~nllrce 1"25-3162-541-61.17. Amount $24.500.00 ~ ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend City Commission to approve Service Authorization No. 2 to Heller-Weaver and Cato. Inc. for the amount of $24.500.00. ... Department Head Signature: ~#£-t1~4 Determination of Consistency with Comprehensive Plan: ""!" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Y ,) ....y"~~ Funding available: YES/ NO Funding alternatives: Ì)~(!tL~ (if applicable) Account No. & Description: ~c + Account Balance: .3 401. 7^ .1.;(;) -31{,..í-;'t/ 1- (,1."7 City Manager Review: Ò-4/ 1 IÞJ 1"11 I Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved \~, VI i t , ;\ , i." ) l, ' , I . \) ,.J, .",-1,h,-..fP/1 . ",; ;', "'J ' ; ~\ \ '.I "Í. t l . \)r_ v I · ", HELLER-WEAVER AND CATO, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: October 7, 1991 SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 225-~ (,,2.'5~1_ ""'ì PROJECT NO. 91-68 (CITY) Heller-Weaver and Cato, Inc. TITLE: SW/SE 10th Street Riqht-of-Way Information Map This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated July 25, 1991, between the City of Delray Beach and Heller-Weaver and Cato, Inc. I. PROJECT DESCRIPTION Prepare right-of-way information map of SW/SE 10th Street from SW 11th Avenue to Federal Highway, US 1 northbound (SE 6th Ave.) and 1000 feet south along Wallace Drive. II. SCOPE OF SERVICES A. PART ONE Work shall include preparation of detailed map reflecting right-of- way information at 1"==50' scale showing centerline, rights-of-way, adjacent properties (including plat information) cross streets, dimensions and alignment. Work shall also include centerline and edge of pavement, sidewalks, powerpoles, fire hydrants, manholes and driveway cuts. Consultant shall include an exhibit reflecting ownership names and address of properties adjacent to existing right-of way for future use in land acquisition. Consultant shall include AUTOCADD disk(s) of the drawing compatible with City AUTOCADD work stations. City will provide appropriate plat and document information as available. B. PART TWO Upon separate written authorization, consultant shall provide additional services that may be required under this Service Authorization that may include: public property searches for right- of-way information, coordination with property owners to obtain additional information for engineering design, boundary differences and/or disputes between public and private property deed lines, extending limits of survey location as determined by the City, and any other services that may be requested by the City. Payment for said services shall be in accordance with Section VII Part A.2.a. of the consultant contract. Heller . Weaver and Cato, inc. Engineers ... Surveyors ... Planners .... '" . . - . III. BUDGET A. PART ONE 1. LABOR SURVEY CREW...............80 HRS @ $65.31...............$5,224.80 SUPERVISOR................20 HRS @ $64.89...............$1,297.80 CADD OPERATOR.............92 HRS @ $33.75...............$3,105.00 PROJECT MANAGER...........48 HRS @ $90.00...............$4,320.00 PRINCIPAL IN CHARGE.......24 HRS @ $90.00...............$2,160.00 , CLERICAL.................. 8 HRS @ $25.50. . . . . . . . . . . . . . . $ 204.00 2. EXPENSES CADD EQUIPMENT............92 HRS @ $21.25...............$1,955.00 DOCUMENTS (PLATS, WARRANTY DEEDS ETC.)....................$ 300.00 LUMP SUM TOTAL $18,566.60 B. PART TWO For services described in Section II B above and authorized in writing by the City Manager on an as required basis, consultant shall be paid a fee mutually agreed upon between City and Consultant which shall not exceed....................................$5,933.40 TOTAL FEE REQUESTED THIS AUTHORIZATION. . . . . . . . . . . . . . . . . . . $24, 500.00 IV. COMPLETION DATE Eight weeks after approval of Authorization to proceed, project will be completed. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous work authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed: Heller· Weaver and Cato, inc. Engineers .., Surveyors ... Planners '''·1 '" ...." . , . . . Approved by: CITY OF DELRAY BEACH: CONSULTANT: Heller-Weaver and Cato, Inc. Date: Date- Thomas E. Lynch Mayor 2!æ l, ~~~ . BEFORE ME, the foregoing instrument, this I day of C:X:\öBE:R... ,1991, was Approved as to Legal acknowledged by :rc~~ b.VJEA~E1t , Sufficiency and Form on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this 7 day of OLIO E: , 1991. . Notary Public State of Florida My Commission Expires: NQrAftY PUBLIC, STATE OF FLORIDA. M..r \,;OMMISSION EXPIRES: APRIL 27. 1994. ilO,..,UII:O TH"U NOTARY PU8LIC UNOãftW"'T'IItRS. FILE:JDW\DELAUTH2.o07 Beller· Weaver and Cato, inc. Engineers ... Surveyors ... Planners '411 . ~, ... . . EXHIBIT B Hourly Hourly Raw Raw Salary Salary Rate Rates Times 3.00 Multiplier Employer Category Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists Principal in Charge - Professional Land Surveyor $40.00 $ 90.00 * Project Manager - Professional Land Surveyor $40.00 $90.00* Supervisor - Professional Land Surveyor $21.63 $ 64.89 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographies, Construction Inspectors Party Chief $13.27 $ 39.81 Instrument Person $ 8.50 $ 24.00 Rod Person $ 6.50 $ 19.50 Cadd Operator $11. 25 $ 33.75 Draftsperson $11.70 $ 35.10 Office Support Clerical $ 8.50 $ 25.50 Specialized Equipment Cadd Equipment $ 21.25 * Indicates a 2.25 raw salary rate multiplier for this category. FILE: JDW/ALLEYEXB.712 Heller· Weaver and Cato, inc. Engineers ,.. Surveyors ... Planners '" ~ ! £IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRA Y BEACH, FLORIDA 33444 FACSI!\.fILE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 25, 1991 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Appeal of Cost Judgment in Favor of Purvin Industries/Aero-Dri Litigation The City Attorney's Office is recommending that the City Commission authorize the appeal of an adverse cost judgment in the amount of $5,673.34. Ordinarily our office would not be in favor of filing an appeal to the Fourth District Court of Appeal over such an amount; however, in this case the judge awarded the costs to Purvin Industries (which received a directed verdict at the close of the City's case) despite their admission that they did not pay for any of the costs. Rather the costs were paid by the insurance companies defending Davey Compressor, which was an unsuccessful part to the litigation. JSK: jw purvincc.txt 8·:6. ... . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (!¡) SUBJECT: AGENDA ITEM # rc.., - MEETING OF OCTOBER 29, 1991 APPROVAL OF LEASE AGREEMENTLFIRE STATION NO. 5 DATE: October 25, 1991 This item is before you to approve a 24 month lease agreement with Gelco Space, Inc. for a double wide trailer which will be used as a temporary living area for Fire Station No. 5. The 24 month lease period should be adequate to permit the design and construction of the permanent Fire Station No. 5 facility. The annual contract amount is $11,220. There is an additional cost of $2,081 for delivery and set up which will be added to the first year's lease fees. The fees for tear down and return of the trailer will be calculated at the rate current at the time of return. Funding is available from Fire Adm./Rental Equipment (Account No. 001-2311-522-33.42). Account balance $28,500. Recommend approval of a lease agreement with Gelco Space, Inc. in the approximate amount of $24,521 with funding from Fire Adm./Rental Equipment (Account No. 001-2311-522-33,42). p~ r ~ émouw) j p~ em 5-0 uotL j ~ b; ~ Q~ CU\·oIA1l0nS,E:æ.) ~J~ rn.u.&-h1~'-'-P ~~óì J.oœ- ~ ~b ~ l~ 11/5 ~/~) .,,-, ____°.' ill ~ '. -----.. - ~ Agenda Item· No. : AGENDA REQUEST Date: 10/11/91 Request to be placed on: XXX Regular Agenda Special Agenda Workshop Agenda When: October 29. 1991 Description of item (who, what, where, how much) : Approval of 24 month lease for double wide trailer for livin~ Quarters for tempora~ St~tion No. I) (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval with funding from line item ------- 0001-2311-522-33.42. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~~,k Department Head Signature: "7 City Attorney Review/ Recommendation (if applicable): Budget Director R~iew (required on all items involving expenditure of funds): y.. .j ;.rw('t«- ~ @/ NO Funding available: Funding alternatives: (if applicable) Account No. & Description: ()DI-~311-5ÃJ-3j·'I;' " AJ"'h 14-:r«iJ ¡-.'¡G.e, Account Balance: It dt, :$ðD ~~ t,<Af . City Manager Review: Approved for agenda: (§J NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '" "- TO: INFO SIGNATURE and DATE Action 1 ?< 2 ~ 3 4 5 6 7 8 9 10 FROM: DATE Suspense (D jrf, / Date ACTION - 48 hours INFO - 24 hours RETURN TO SENDER 01-' '" £ITY DF DELIAY BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF THRU: KERRY B. KOEN, FIRE CHIE~ DATE: OCTOBER 11, 1991 SUBJECT: FIRE STATION NO. 5 Attached you will find a lease agreement with Gelco Space, Inc. of Delray Beach to acquire a double wide trailer to serve as the living area portion of temporary Fire station No.5. This agreement covers a period of 24 months, which should be adequate to permit us to design and construct the permanent facility. The annual amount of the contract is $11,220 for a total rental expense of $22,440. Delivery and set up fees in the amount of $2,081 will be added to the first year's agreement, for a total expense through September 30, 1992 of $11,431. Funding for this purpose is available in Line #001-2311-522-33.42. An agenda request form is attached along with the recommended contract. I request that this item be placed on the Consent Agenda for the regular City Commission meeting of October 29, 1991. /~~{~jJ~_ M. B. Wigderson Assistant Fire Chief MBW/mmh Attachments FiRE DEP.L\RTMF"JT HE.i\DDUAIHERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 1107'243-7400- FAX 407/ 2654660 '" liEICDSPACE 200 North Congress Avenue Delray Beach, FL 33445-3415 - (407) 276-9752 September 18, 1991 Mr. Michael B. Wigderson Assistant Fire Chief City of Delray Beach Fire Department 101 West Atlantic Avenue Delray Beach, FL 33444 Dear Mr. Wigderson: Thank you for your interest in Gelco Space. After careful analysis of your space problem, I am confident that Gelco Space has provided the most economical and efficient solution. As a component of G. E. Capital, Gelco Space will provide the City of Delray Beach with the highest quality products and services available. Enclosed are the following documents: *Cover Letter ~ *Pricing SUT1TT6ry *Floor Plan *Specifications *Delineation of Responsibilities *Contract Clarifications *Gelco Space Lease Agreements In order for this project to proceed further, Gelco Space will need each page of each document signed and dated indicating you have reviewed our complete proposal. Sincerely, L '. f. :-;;' 1 . ,0 c<Jl?dO \ß ,~ Whitney Hopper_ Branch Sales Manager WH: slt Enclosures ,--." A GE Capital Company .,. ·" i3KANCH Ut-t-ICt: I BRANCH NO. I ~O North Congress Avenue IiEIBDSPACE 404 I:elray Beach. FL 33445 QUOTATION # "·~704.r: ¿ v , ,} 407-276-9752 ~ r s þfJX" . Michael Wigderson H S I T City of Delray Beach Fire Deparbœnt P 0 101 West Atlantic Avenue M Delray Beach, FL 33444 T Delray Beach, FL E 0 R L DATE TERMS SHIP VIA PURCHASE ORDER NO. Best Wa QUOTATION GOOD FOR DAYS F.O.B. DATE REQUIRED Factory 12/1/91 DESCRIPTION 1 24' x 64' ( 24' x 60' Box Size) Gelco Space Mobile Office per the attached floor plan and specification sheet. OTHER APPLICABLE CHARGES SALE PRICE $,36,806.00 DELIVERY $816.00 FURNITURE PACKAGE NIA__ LEASE RATE J£ MONTHS/$~er month SET UP $1,265.00 STEPS N/A 24 MONTHS/$ ~er month q ~~ TEAR DOWN ** SKIRTING N/A .' MONTHS/$ per month RETURN ** FRONT ENTRANCE N/A " - LEASE OPTION PRICE $ TIE DOWNS Included OTHER TAXES Applicable -.--- FINANCE LEASE RATE $ CDW Insurance ___.__.______._ ~__ __.__o______c FINANCE TERM **At current rate aDDI . cable at UJœ of retur.-n. -- ----. ~ DOWN PAYMENT $ -------~------ ADDITIONAL INFORMATION: ****Set up includes: 8" x 8" x 18" precast concrete block (hollow core) dry stacked set on 16" x 16" x 4" precast concrete block on grade. Hurricane anchors to be the standard 36" single helix auger type at 8' o.c. around the perirœter of building. Quote is based on Customer signing a standard Gelco Space Sale or Lease Agreement. Gelco Space does not warrant that unit meets .any local or state code not specifically listed. All new equipment carries a one-year warranty from date of manufacturing. Used equipment is sold on an as-is basis. Customer is responsible for all permits, fees, licenses, utility connections and preparation of a level, compact and accessible site. Prices exclude any and all taxes, licenses and permits. ..¡;:~" ~ ~~:.. "'.,.'~""'~"""~-"~.~ --,-,- r::("'~ -10n. "J.fY.' ~/r:" '" t ~~ \ ,'J 5 -~ ~ 0 ~ T /< ~ 0 - Q a ~ ~~ - ;: ¡- l8 - ".0 ~ '-\ c->,¡.;-'- -fß~ ~ _____ - cl ,,( w :;- \1> u.. -N ~ I ~ D -.- . \\. « ? :f\µ¡-~o c? . ~&:x.co ~r;- 53 '$ A""6-~ 'd _~ 0\~\ D ~ 2J ~- ~ D -7~ ~<Í ~ ~ ì' -N 0- \~ ~. .', .", - IiEICDSPACE 200 North Congress Avenue Delray Beach, FL 33445-3415 (407) 276-9752 September 18, 1991 CITY OF DEL RAY BEAŒ FIRE DEPARTMENT MODULAR FIRE STATION STANDARD a:JIlI'RACI' CIARIFICATlOO AND/OR EXCEPl'IŒS l. This proposal is based on the terms and conditions of the Gelco Space "Proposal and Agreement of Sale" and/or "Lease Agreement," a copy of which is attached to and rrade a part of this proposal. Said terms and conditions shall supercede any and all others previously stated. 2. The transaction is subject to Gelco Space Corporate Credit Approval. 3. Disrrantle, return freight and other demobilization services will be accomplished by Gelco Space at the conclusion of the Lease Agreement. The Lessee will be invoiced for actual cost plus 15%. 4. Seller's/Lessor's delivery of the equipment described in this proposal .,-/' is subject to delays in rranufacture or delay due to fire, flood , windsto~lffi, riot, civil disobedience, strike, failure to secure rraterials from the usual source of supply, Act of God, or any other circumstances beyond Seller's/Lessor's control which shall prevent the rranufacture of equipment or the rraking of deliveries in the normal course of business. 5. This Proposal is based on Gelco Space providing a building which meets or exceeds the requirements for the State of Florida for SBCC code. Any additional requirements or directives by local inspectors and/or other agencies shall be the responsibility of the Buyer/Lessee. 6. This quotation is a proposal and does not represent a contractual corrmi trrent. Any contractual undertaking resulting herefrom must be approved in writing by the Chief Executive Officer of Gelco Space in order to be valid. 7. Completion approximately 6-8 weeks after plan approval by the Buyer/ Lessee and any Federal, State or Local Agency required and the execution of the contract, whichever is later. Assuming an execution of contract and Notice to Proceed by October 16, 1991, on or before October 30, 1991, Gelco Space will deliver rranufacturer's drawings for approval on or before October 30, 1991. Based upon drawing approval by November 5, 1991 and all regulatory agencies on or before Noverrber 5, 1991, Gelco Space will rranufacture, ~~ deliver, and install the modular facility as proposed on or before December 1O, 1991. Any delay in the above schedule rray result in a GEwd~~~ in substantial completion for which Gelco Space will not be held A pita 0 pany responsible. oI '~ ·" . IiEIGDSPACE 200 North Congress Avenue Delray Beach, FL 33445-3415 ../" (407) 276-9752 September 18, 1991 CITY OF DELRAY BEACH FIRE DEPARTMENT MODULAR FIRE STATION STANDI\RD CDNl'RACl' CLARIFICATIOO AND/OR EXŒPfICNS CXNITNUED 8. Pricing provided herein shall be valid for 30 days from the date of bid. 9. Gelco Space shall not be responsible for subsurface conditions. 10. Payrrent Terrrs: To be determined. 1l. Prices quoted herein exclude any and all taxes, fees, etc. 12. Lease rates quoted are for a guaranteed minimum term of 24 rronths. .~. 13. In the event of early occupancy prior to substantial completion, buyer/lessee shall be responsible for all property dan>age, injury, and death that may result from said occupancy, and indemnify Gelco Space for sarre. 14. A. The Gelco Space proposal, in its entirety, shall be made a part of any contract resulting from this proposal. B. In the event of conflict, the contents of the Gelco Space proposal shall supercede any and all other documents. C. Gelco Space reserves the right to review any terms and conditions that are in addition to or differ from those contained in the bid package, prior to acceptance of award. 15. The award of contract is deemed as the Gelco Space right to subcontract within it's normal vendor pool. 16. The lessee shall return said equipment in the same condition as delivered, normal wear and tear excepted. _.~-' A GE Capital Company "1'+ '" - - - - - - - - - - - - - - -Q - - GS-... __ - I.ØSE AGfIEEMENT NO: 367075 BElli. SPACE RÐlEWi'L 0 LEASE' CREDIT AJlPAC)V¡t,L' 404- BRANCH , 404 CUSTOMER , '4"iQ17 . BUSINESS CODE A040 SALeS CONTACT (,l'd..F Wi gi-T'IIZiYI =~ ~~""r:--:=:~..:..."_ot""''''' SALeS CONTACT PHONE' 407_'41._'A44 OOIoIPIIEHENSM WAIVEA~.. =:. b¥ AøcItII RETURN EaulPMENT TO: Inl'lt"9 block. .._. to pay .n lIon.1 :.. ~n _':''2.':t;:: ::.::::... "': :: XX part of ,... ~ 0CII'IIIIMd hi Ccwdtlon !I(I GeIoo Ipece -- ~ Itrwt 200 N::>rth CbnQress Avenue =~-:"~.:.':..'.:':'~ AcoapI City Delrav Beach ..... FL ZIp 33445 III' day ""'" ... ~ out until... _ In, In _Ion far ... -""" on \III part of p,"",- 407...;276-97'12 ,... ~ _I...., In Condition 5(g) _ "Lø... - GILCO 1l'AC1,. ~..1NM Iert _ -....... "'--.1.... ~ __... '''-.W _..., _ III.......,. ......... - II< - Cit;y of DF!lrl'ly -....h (Fi.--.1-...Hnn) .'- Tal. 407-243-7R4..o.. -- 100 N W Fi.....1- AV...,'.... CIIr no. 1.....y -....h ....--EL- ZIp 1.1.444 '-_...,__........_"-__-13..,.. """"' ,...9.1.......__.. '4 ......... -...r. Leaaee m.y continue to Ie... the equipment ....gnated .....n ...... the eXJ*ation .... under the ..,.,. of Condition 4. rwerw aide. wrmen notice by the L..... IS reqwoo SO days prior 10 the mum 0' the equi_t. L_ "0- to IWY u.ar wItIIout _ .nd in _once on the flm day. 1M R....' ChIIrve ICcndltion Sib) and Sic) rev_ side) indiCatOO for tho _ 1_ equlpmant eo foIlowtI: S ,.. M per dO)'. S ".. M per _. S 4F.7 "in per "R..t" Month" plus the per day ch.rges for Comp_live W._ _ Lièllity W.iver eo ind_ above. Additional 0...... ciIIrgeo ....: Delivery S ** . Installation S **. _n_ S ** _ DlomanUing S ** . RMum Del...... S ** Said Other Chairg.. will be biUed in ..nee with the initial Rental Chlirgl. AppliCatMe s... Md tocaI s.. end U. Tax. and other Direct Taxea (Condition 2(&)' reverie sidel shall be due and payabl. 10 \he Leoaor by th. ~ _ _. CIIargeo _ ".,..._ snell be remltlad 10 the L_ at Two Bale PIaz.. Bal. Cynwyd. PA 19004. unle. otherwiSe indiC8ted on the Leaor', invoice. The...... equipment will be lOCMed at -- GeD11IIntawn County FL-099 CIty nø'~h.. ..... FL or Coda....l'.L2 C8ub act to ~ " on _-. ~ _I be I_lor."., __ to \III _1-""'" _,.,._ -.0 ~ far. unit IlOl rei_in. __ UnIlNo. .....1 No. S",,-OnIy 0 V. . No 1__Ion- 25.000.00 1__ **~ T.AaGA ~+ t\h 1.F.7n74 ... C"'nnñ; t'; nna. . 8y ilia ......... of ~ ....-...... _OptIon "1_" pert of __t. ~ wlll"_ ......'0 ~ I.... EquipnwIt althelllPkallon 01......._ ........Ior' _ ~ of ""'...... paid lor I'" MI_"""" .. .., out _. Buell Minim.... PerIod _I no! u....s 311 _ tann lor _ 01 ~_ of ...... paid agaInat .... _ 0III1on PrIce. NoAoenl, ~or..-.....oI_.....".,lUIIIcIfttyfar.".,.....__..WIITMIy_ng IllaEqut-, _ _Itolllll~_ I. noI__1y 1IlOl_ _ '-_".I..g.. llIal", II not, In -...g _ ~t. rwIytng upon "".-y. _.... or......-atlon IlOl III_In 1111. _t."'" _ to aII...._ III _ _n..._ III _In........ _ _...-.0lil11181_ _ _, IlOl be euII ec:t to."., _....... pIOWteIon or ~ _ with _ ~ _...., be _In........ _ 0nIar. IN WITIIIIa WHRMOF...,.... _ _ _ _ __.......... _ _ ____ _ III _ _ _ _... _ aI_ --.......IIr..., --.................c-.. M, _....._ ..,.. ,.- By .........9191 w. HoPDer Oetco ~ _Agenl DELIVERY COMPlEX OR RETURN COMPlEX OR OVERALL UNIT SIZE-R',,~ IOIIIØ""":I ...~,,~ OYEIIAU. UNIT SIZE _"_ SUILDING SIZE _"_ Right Side Rear CeIling Floor AIgIIt SIde - Ceiling Floor I 4 D DD 1 4 D DD 0.0 t--i 0.0 t--i Left Side Front Left SIde Front ~ - I ~ ~ I ~ 0.0 Ønaldal 0.0 Iln.1deI Equlpmenl Quanllty ". EquI_ Quanllty ". "'Bath - 0 10_ - 0 Carpeting - 0 CerpatIng - 0 Desk - 0 Deli< - 0 File Cabinets - 0 FIle CeI>inR - 0 DraIIing Table - 0 I)q ng T_ - 0 PIon RacI< - 0 Plan RacI< - 0 Keys - 0 "-rS - 0 Steøa 0 S - 0 Slope 0 S - 0 i SIaci< Chai.. 0 S 0 Stack CIIai" 0 S 0 I INSPECTION REPORT-MARK CLEARLY ALL DAMAGE FOUND "8" ....,_ -e" Cut "H" f10Ie "0" Dent eye.. (iii, F, C) A80_.Plan tw. M. C) REMARKS IIpecIaIlnelNCtlon{ I'D CPt ~ ~ OF LE'ASE ~O 0'" B,lLa.,¡er- .oP ~c:orn.-_., Il1o.__ Day_. V__ ..............&AII~&____ StaI. T.. Coda Florida DMtage _ to ""'_ v. No Date Out: I I Coda . - Il1o. Day Yr. GeIco ~ "-lor Date In: I I .......... _ Doll. 8y Il1o. Day Yr. -~1-"'1 FNigItI- ___A -- REMARKS ..............'" ........ of ...... .. "-' & Co. _.... '-.. "'. ~ ___..............- _ _......- to '- TMItIMIIon 0.- j CcwdtIon3a____---. . Mo. Day Yr. '--- _Ji a...1uII acI..ContIItioItIl..... V_ ___ =- .... - .....-.,-'. .. .......""...... ...........~v '" ,,, IiEICDSPACE 200 North Congress Avenue Del ray Beach, FL 33445-3415 ---- (407) 276-9752 MODULAR FIRE STATION 24' x 60' Box Size 24' x 641 Overall Size 1,440 Square Feet SPECIFICATlOOS ODES : SBCC Type VI Business Occupancy FRAME : Outrigger 10" I-Beam Triple Axles _/ Detachable Hitch FLCOR: 5/8th Plywood Decking 2 x 6 16" on center Carpeting - 160z. .040 Asphalt Bottom Board WALLS AND PARTITIC1'lS: 8' Wall Height 5/8" Fire-x Dry wall on partitions (p )(-3' x 6'8" Interior Fire rated doors 120 If of 1 hour fire wall Deluxe Moulding ID:>F: SBCC Design Type VI R Mono Design 7/16 OSB Sheathing 1 hour ceiling in storage Pre-finished Gypsum throughout 4 Roof Vents Posts where needed PLtm:nl;: 2 Handicapped Bathrooms 1-40 Gallon Water Heater 2 Standard Showers w/curtains 2 Wall Mounted Lavoratories . - -2 IH I 2.J2.O 12.. S A GE Capital Company .', &EIBDSPACE 200 North Congress Avenue Delray Beach, FL 33445-3415 ../ (407) 276-9752 September 18, 1991 CITY OF DELRAY BEAŒ FIRE DEPARTMENT MODULAR FIRE STATION SPECIFICATICN:> (X)NTINlÆD DIR="0SSED \A¡ / c'o" 'E:,2.. Lk:.. to..\. 5,. ELEX::TRICAL ; 19R8@8ssBè Lights 2-100 AMP Panels AIR cmDITlOOER: 2-3 ton A/C's with plenum wall CABINETRY : 10LF of Base Cabinets 16 LF of OVerhead Cabinets EXTERIOR: .019 Aluminum Siding c:¡ )('~ x $ Vertical Windows 4<0' X-Z7' 2-36 x 80 Doors ~- Ir-suLATICN : R-11 Walls and Floors R-19 Ceiling EME:RGE:rCY EXXJIPMENI' : Sprinkler System '5Tu r;, O'.JT<7 F\....Oµ -. I O~L-\ ..,~vÞ.-I..-'JE. :-~T ~ ð~,e. 2 Lighted Exit Signs 2 Manual Fire Alarm Pull Stations 10 Smoke Detectors 2 Emergency Lights ~. A GE Capital Company ~" ." - ---- -------- GElBfJ PRECONTRACT WORKSHEETIDELlNEATION OF RESPONSIBILITIES Space 9/18/91 BEAŒ ./A. CUSTOMER FIRE DEPARTMENT-CITY OF DELRA'PROJECT LOCATION ~lray- BeacrL_______________ B. GELCO SPACE BRANCH DPlr;=¡y Rp;=¡rn SA LESPE RSON -WbitnejLHopper___________ VENDORS RESPONSIBLE TO GELCO SPACE 0 G) -i (f) (f) --- š (f) (f)(f) z c m » :IJ m c c cc S FROM WHOM QUOTATIONS HAVE BEEN SOLICITED (f) r Z » -;-{ CJJ CJJ CJJCJJ -i 0 Z C 0 0 00 0 0 c (f) "1J 0 0 00 » C. MANUFACTURER I I š ï1 "1J (f) » -u 0 z z ZZ "1J D. TRANSPORT I / m i! 0 0 0 -i -i - - C :IJ - :IJ :IJ :IJ :IJ:IJ I I 0 c - z » » »» 0 E. SET-UP m :IJ 0 - 0 0 00 » I I m 0 :IJ - - - - OJ F. SUBCONTR. :IJ » 0 0 00 r I 0 :IJ :IJ :IJ:IJ m G. SUBCONTR. I - 0 H. SUBCONTR. I I :IJ I. SUBCONTR. I I J. I I - » OJ 0 0 m ï1 G) :r ,- c.... ^ rš K. / / L. I I - rr ==ir-lJ 1. SITE INSPECTION ~ X I ' I 2. a. BID BONDS !xl b. PERFORMANCE BONDS I ~ c. LABOR & MATERIAL PAYMENT BONDS -¡1 3. LATE PENALTIES/LIQUIDATED DAMAGES I I Ix1 -- f-- --.-- -1-- --- --il j 4. PROPOSED WORK SCHEDULE (MANDATORY WITH LATE PENALTIES) r- I 5. INSURANCE CERTIFICATES X \ I I -- --- ·~lmI X: 6. CORPORATE CERTIFICATION 7. CATALOG CUTS I I I :l -f-- --+-l ~- f--X i 8. SAMPLES ft .t i ~... ----- 9. TAXES k f---- 10. PERMITS A. BUILDING 1 i -- "L- 1-- -- f---- --- --- - ----[r B. ELECTRICAL C. PLUMBING -¡-- r~ D. OCCUPANCY I -.-- - E. OTHER ··1 - -- 11. ON-SITE I NSU RANCE X -- - 12. SOIL TESTS X I 13. SHOP DRAWINGS (USED FOR MANUFACTURING) ___ - Þ:__ _ - Î-~-I-I ,./ ---"----. I I! 14. ENGINEERED DRAWINGS/CALCULATIONS (USED FOR APPROVALS) I I' tK- -- -- ~tJJ tj -- 15. ENGINEERED FOUNDATION PLANS/DETAILS __.L_ _____ "'1'* ." ~---- "-- 8 ~ ~ ª--~¡§~~~ --- -~I (l)rzÞ-:-iœœœœ -\ O-i°czcoooo Þ 0:n(l)-oOOOO -0 S:(I)Þ-oOOzzzz -0 m-oO o-i-i-i-i r :Dþ-i:Dz:D:D:D:D 0 OC-i-iÞÞÞÞ Þ m:DO:D°OOO œ mOþ-i-i-i-i r :D. 00000 m -i :D :D :D :D ___ o CUSTOMER CITY_ O[ DELRAY BEAc..1i FIRE DEPARTMENT _______.______ :D PROJ ECT LOCATION Delray Beach Þt:D0om:nGJ::L '-^!S: I 16. OTHER DRAWINGS )( 17. PREPARE SITE: A. CLEARING & DEMOLITION X B. GRADING y f-- ~- C. FILLING & COMPACTING v -r- -- -~ D. SITE UTILITIES X 18. TRANSPORT MODULES ) f--- - ----+- 1~. INSPECT MODULES & VERIFY RECEIPT OF SHIP LOOSE MArL. X X 20. PROVIDE STORAGE SPACE AND SECURITY FOR MODULES x- _ ___ ____ ~1. FOUNDATION MATERIAL R56v~tg~~de Only ~--_'_ ___,2L._ ____+__1._.).__.__. LABOR Dry Stack Ahovp. (.;rrH1P. On 1 Y __ K.-f-- __~_ __I.. _. __ __/ 22. POSITION MODULES X u_._.___._.______.________.______________ ._______..... ." u__u_ .... ..__ 23. SET MODULES ON FOUNDATION WITRUCK, ~ X _ -- -- -- _ --- ---- -' ._. ---.. _. - -.. 24. FOUNDATION CONNECTiONS (TIE DOWNS, ANCHOR PLATES, BOLTS, ETC.) Ix 25. WATER LINE HOOK-UP Iy 26. PLUMBING FOR WATER COOLER AND/OR KITCHEN UNIT X - --,-- 27. SEWER LINE HOOK-UP y .-.-I--f-- - -t-- - .- I-- -- 28. ELECTRICAL INTER CONNECTS BETWEEN MODULES y - -- -- ~ --f--- - DISTRIBUTION SUBPANELS X '--- '- -- -- TRANSFORMERS & POWER POLES X }--I-- 29. GUTTERS & DOWNSPOUTS LABOR _I-- __ ._X MATERIAL . OTHER - - - -- . 1- 4 I Iyj ~? SUPPLY SPECIAL EQUIPMENT A·____~_____.u_____._ _.. ...... ../ "f!' .Y ß. I 31. INSTALL SPECIAL EQUIPMENT :-'- ... .,-. -.'-¡=lr=R "''1 '" . .-------- ---.-"--. -._-----------_.~--- ---~-- ° (;) s:: 4 (j) (j) (j) cnTUJ ~- -T- i\ Cm);o::omcccc 0 (j)r Z);o-;-iOJOJOJ OJ 4 ÖOCZCOOOO );0 0>1(j)-oOOOO -0 S::(j);o;30ZZZZ -0 m-oO 0-1444 r ::0);0 4::0 Z::o::o::o::o (') OC4 );0);0);0);0 ..J m::0o40000 );0 mO::04444 OJ ::0. f)0000 ~ CUSTOMER CITY OF DELRAY BEAŒ FIRE DEPARIMENr g ::0 ::0 ::0 ::0 I PROJECT LOCATION Delray Beach ~ OJ 0 q fT1 ~ (;) :¡ :- '- ?' :- s:: -. ~, >'= ---- ----. ---- ---- -,~ "'.~ 32. CARPET MATERIAL X . -- -- ..- -.-- -.- 1-- .- LABOR Þ< 33. FIRE ALARMS x t -i-- - -. -- 34. SPRINKLER SYSTEM OPTIONED PRICED ~ .-- 35. SUSPENDED CEILING A. GRID __K - -- - --. 1- .-- . -- B. PANEL - ~ -- -- - .-- --. --- -. ·-r· .. pc C. LIGHTS - ---- n_ ~tl-r D. DUCT DROPS .- - - ---.--- -- --I- n¡-f-r 36. PA SYSTEM _JI t J 37. TELEPHONE SYSTEM X 38. SKIRTING LABOR n~rl ------ -- I-- -- - MATERIAL . ____._'_n..____~______.____. ,-- . I~j 39. RE-ALlGN INTERSECTING PARTITIONS AND OPENINGS X i I I I \ I -¡..- J 11·· · 40. INSTALL INTERIOR TRIM AT FLOOR, WALLS, CEILINGS, & SEAMS I X -Jill 41. INSTALL EXTERIOR DOORS v ~J -- - - ..1 42. INSTALL INTERIOR DOORS I I -- - X _ '--- -,.- - + 43. STEPS x_ - +-- --- - .-- -- -- --- .. '-, 44. RAMPS -I- X !-- -- -- --. - -.. - 45. PLATFORMS y e- - 46. DECKS JÇ - -.'- -.. HI" 47. WALKWAYS y I ... '--- ·--of- ..' 48. CANOPIES X - -+-. , 49. INSTALL A. PAVING '"-'" i .1' B. CURBS I 'l' ~t-- -. -- - !-- -rr¡-2 C. LANDSCAPE -- ~,-----, ----,- ---- --,.---. ---- ---.--- . ,.. ,_.,1 "",t '" --..- ...... --.----------------.----- -----.-.-------.-,---- OG)S:-I(/)(/)(/)(/)(/) Z cm:þJJmcccc 0 (/)rz:Þ-;-iOJOJOJOJ -I -IOOCZCOOOO :Þ 0:n(/)\JOOOO \J S:(/):ÞO\JOZZZZ \J m\JO 0-1-1-1-1 r JJ:þ-IJJZJJJJJJJJ 0 OC-l :Þ:Þ:Þ:Þ mJJo-lOOOO :Þ mO~-I-I-I-I OJ JJ. ÕOOOO ~ -I JJ JJ JJ JJ __. o CUSTOM ER CITY OF DELRAY BEACH FIRE DEPARIMENr JJ PROJECT LOCATION_. Delray Beach ? ~ 0 0 [11 :n G) I :- <- ~ r- s: I 50. ROOF-(30 GAUGE STEEL) 0 SEAM MATERIAL X -(BUILT-UP) 0 -(SYNTHETIC RUBBER) [J SEAL -Other [J --- -~.- -~ ---- --.. -- GUARANTEE X ..- ----- 51. FALSE MANSARD, MATERIAL v FACIA OVER HANGS -- ____lè>- , LABOR )( 52. EXTERIOR LIGHTS LABOR X MATERIAL IX 53. DROP AXLES X 54. LOAD AXLES [] HITCHES [J TIRES [] FOR SHIPMENT x 55. SHIP AXLES [] HITCHES II TIRES [] TO MANUFACTURER [] GELCO BRANCH D X ~6 REMOVAL OF TRASH AND DEBRIS FROM SITE A. Provide Dumpster --....:.. ~ . B. Place in L 1\ B -,--- 57. HVAC MATERIAL X , INSTALLATION X 58. WINDOW COVERING (DRAPES, BLINDS, ETC.) MATERIAL _ _x_ INSTALLATION X 59. DISMANTLING X 60. SITE RESTORATION f-- _. 61. UTILITY DISCONNECT & CAPPING OFF 'l" 62. 63. --- -- --c--- 64. --' - - ----------f----- 65 _._-----~ -- .-.. -- ..--- -- -.. ---. -- --- ---- ~-.- 66. .- ._____.__ - __ _.~ m_' _. .__ ._.. ._ . 67. .- --f-- - -+-- -- - - 68. ¡-- po , I ." ." . t ~+ -I c'-.) 5 -~ 0_ /< ~ 2- ~a ~ C) a ']:\::1. - ~ N :Á J: lj - 0..0 ,~ ~ o-~-Ji -~DJ. ö -d . "} '-- r;::l W , \1> - ~ ~ U} ~ ~ r !0.. () :5 ':? . ~~r-~o <:::>J. ~ ~ š: ~~& -~ 0\'\ D - x. - a 2J ~ - D ~:ž ~ 7' ::1<1: 'I:-~ ....." ... J N - _'f- D ~ I ~ 6 0 - o ~D \?< t:J -\~"::f... - ~. - - . l1li"1 ---~~T-- ",-- , , ~ \ < ~-\ I . , , , . , . . ....M' ~ ., """' I3EI ~ -' -- - - - - -- .... -- - - ~ --- <38-108 Rev 5/91 - . LEASE AGREEMENT NO: 367075 IiEIBDSPACE RENEWAL D LEASE # CREDIT APPROVAL # 404- BRANCH # 404 CUSTOMER It ?4E)g17 BUSINESS CODE 8040 SALES CONTACT Chief wi gòp.~on NOTICE: The equipment pull-out sters are only for use of Lessor on the day of delivery and SALES CONTACT PHONE # 407-?41-?R44 never '0 be used as regular means 0 ingress or egress by any person. COMPREHENSIVE WAIVER Lessee or its agent, by Accept initialing block, agrees to pay an additional RETURN EaUIPMENT TO: $ 95 per darc from the date out until the date in, in considerat on for the agreement on the XX part of the Lessor contained in Condition 5(1) Gelco Space reverse side. Decline Street 200 North Conqress Avenue LIABILITY WAIVER Lessee or its agent, by. initialing Accept Delrav Beach FL 33445 block, agrees to pay an additional $ 01:) City State Zip per day from the date out until the date in, in consideration for the agreement on the part of Phone 407-276-9752 the Lessor contained in Condition 5(g) reverse XX side. Decline GELCO SPACE, . dh,lslon of Tr.nsport Int.m.tlonal Pool, Inc., a Pennsylvanl. Corporation herelnaft.r ref.rred to as "L...or," does hereby I.as. the equlpm.nt as .peclfled below to: Nam. City of Delrqy Beach (Firestation) ,L.as.. T.I' 407-241-28441'.0.' Addre.. 100 N. w. Fj~t AVp.nllp. City ]")P.lray RP.ar.h Stat. FT, ZIp 11444 L._ does hereby I.... .ald equipment from L...or on thl. -D dey of T")pr. 19...9.L for a Minimum Period of ?4 "R.ntal Month(s)". Lessee may continue to lease the equipment designated herein after the expiration date, under the terms of Condition 4, reverse side. Written notice by the Lessee is required 60 days prior to the return of the equipment. Lessee agrees to pay Lessor without demand and in advance on the first day, the Rental Charge (Condition 6(b) and 6(c) reverse side) indicated for the below listed equipment as follows: $ ?5.00 per day, $ l?C¡,OO per week, $ 4ó7 C¡O per "Rental Month" plus the per day charges for Comprehensive Waiver and Liability Waiver as indicated above. Additional other charges are: Delivery $ ** , Installation $ ** , Modification $ ** , Dismantling $ ** , Return Delivery $ ** . Said Other Charges will be billed in advance with the initial Rental Charge. Applicable State and local Sale and Use Taxes and other Direct Taxes (Condition 2(a) reverse side) shall be due and payable to the Lessor by the Lessee when invoiced. Charges due hereunder shall be remitted to the Lessor at Two Bala Plaza, Bala Cynwyd, PA 19004, unless otherwise indicated on the Lessor's invoice. The leased equipment will be located at: Address Ge:rrnantown County FL-099 City DelrayBch. State FL DT code-EL2 (Subject to Condition 11 on reverse side) Lessee shall be liable for any damages to the equipment, and will pay a minimum cleaning charge for a unit not returned in a clean condition. Unit No. Serial No. Storage Only 0 Yes ~ No I nsurance Valuation $ 25,000.00 Instructions **~p. T ,p.a!':p A.~rrPnt- 1\Tn 1ó7074 C'rmn it- ion!':' By the signature of Lessee: (signature), a Purchase Option is included as part of this agreement. Lessor will allow Lessee to purchase this Equipment at the expiration of the Minimum Period for $ less 50% of the rental paid for the Minimum Period as set out above. Such Minimum Period shall not exceed 36 month term for purpose of application of rental paid against the Purchase Option Price. No Agent, employee or representative of Lessor has any authority for any representation or warranty concerning the Equipment leased pursuant to thIs agreement that is not specifically Included herein. Lessee acknowledges that he Is not, in leasing this Equipment, relying upon any warranty, promise, or representation not set forth in this agreement, and assents to all the terms set forth herein unless set forth in addenda attached hereto. Lessor's obligations hereunder shall not be subject to any additional provision or provision(s) inconsistent with this agreement that may be contained in Lessee's Purchase Order. IN WITNESS WHEREOF, the partl.s hereto have executed thl. Agreement sUbJ.ct to the terms and conditions herein set forth and listed on both sides of this Ag....ment. Signed by duly authorized ag.nts, subject to Condition 14, r.verse side this day of 19_ By Employee It 9191 w. Hopper Gelco Space Authorized Agent DELIVERY 12' 64' COMPLEX OR 12' 60' RETURN COMPLEX OR OVERALLUNITSIZE_x_ ~_x_ OVERALL UNIT SIZE _x_ BUILDING SIZE _x_ Right Side Rear Ceiling Floor Right Side Rear Ceiling Floor I 11 D I 4 D 0.0 I I 0.0 I I Left Side Front Left Side Front ~ I ~ tl I ~ 0.0 (Inside) 0.0 (Inside) Equipment Quantity '" Equipment Quantity '" Y2 Bath - 0 Y2 Bath - 0 ._--------~---- Carpeting - 0 Carpeting - 0 Desk - 0 Desk -- 0 ._~--------- File Cabinets - 0 File Cabinets - 0 -- Drafting Table - 0 Drafting Table .-- 0 Plan Rack - 0 Plan Rack - 0 Keys - 0 Keys - 0 - Steps @ $ - 0 Steps @ $ - 0 Stack Chairs @ $ 0 Stack Chairs @ $ 0 INSPECTION REPORT -MARK CLEARLY ALL DAMAGE FOUND "B" Bruised "C" Cut "H" Hole "D" Dent Cycle (M, F,C) AB 0_, Plan NY. M,C) REMARKS speclallnstructl°i 00 cpr DU~NG 'IERM OF LEASE ~o QPt BllLltJ6- ~\Op Lease Commencement Mo. Day Year Inspected & All Damages & Deficiencies Noted Above. State Tax Code Florida Damage Invoice to Follow Yes No Date Out: I I Code It Amount Mo. Day Yr. Gelco Space Inspector Date In: I I Accepted and Del. By Mo. Day Yr. Gelco Space Inspector Freight Vendor Received from & REMARKS Inspected by Signature of Lessee or Agent & Co. represented Lessee or his agent acknowledges receipt of equipment listed above sUbject to Lease Termination Date I I Condition 3a unless exceptions are noted above. Mo. Day Yr. Lessee Insurance Company Policy No. Cancellation Charges Subject to Condition 8(a), 8(b) Yes_ No_ Received & Accepted By X Reason: I _____ __ n_______.._a.I.._ - LEASE AGREEMENT NO: 367075 IiEIBDSPACE RENEWAL 0 LEASE# CREDIT APPROVAL # 404- BRANCH # 404 CUSTOMER # ?41:)q17 BUSINESS CODE 8040 SALES CONTACT Chief Wi grlen:;on NOTICE: The equipment pull-out steps are only for use of Lessor on the day of delivery and SALES CONTACT PHONE # 407-?41-?R44 never to be used as regular means of Ingress or egress by any person. COMPREHENSIVE WAIVER Lessee or its agent, by Accept initialing block, agrees to pay an additional RETURN EQUIPMENT TO: $ . 95 per darc from the date out until the date in, in considerat on for the agreement on the XX part of the Lessor contained In Condition 5(f) Gelco Space reverse side. Decline Street 200 North Conqress Avenue LIABILITY WAIVER Lessee or its agent, b~ initialing Accept Delray Beach FL 33445 block, agrees to pay an additional $ ¡; I:) City State Zip per day from the date out until the date in, in consideration for the agreement on the part of Phone 407-276-9752 the Lessor contained in Condition 5(g) reverse XX side. Decline GELCO SPACE, e dMslon of Trensport Int.rnetlonal Pool, Inc., e Pennsylvenle Corporetlon h.relneft.r ref.rred to es "L.ssor," does hereby I.es. the .qulpm.nt es specified below to: Nem. City of Delray Reach ( Firestation) , L.ss.. T.I. 407-24~-2844P.o., Address 100 N. W. F:in:;r AVenue City l1e1ray Re¡::¡r.h Stet. FT, Zip 11444 L..... does hereby I.... seld equlpm.nt from L.ssor on this ---1.3 d.y of l1er. _ 19-.9.L for e Minimum Period of ?4 "R.ntel Month(sY'. Lessee may continue to lease the equipment designated herein after the expiration date, under the terms of Condition 4, reverse side. Written notice by the Lessee is required 60 days prior to the return of the equipment. Lessee agrees to pay Lessor without demand and in advance on the first day, the Rental Charge (Condition 6(b) and 6(c) reverse side) indicated for the below listed equipment as follows: $ ?I:),OO per day, $ 1?1:) 00 per week, $ 4fi7 1:)0 per "Rental Month" plus the per day charges for Comprehensive Waiver and Liability Waiver as indicated above. Additional other charges are: Delivery $ ** , Installation $ ** , Modification $ ** , Dismantling $ ** , Return Delivery $ ** .Said Other Charges will be billed in advance with the initial Rental Charge. Applicable State and local Sale and Use Taxes and other Direct Taxes (Condition 2(a) reverse side) shall be due and payable to the Lessor by the Lessee when invoiced. Charges due hereunder shall be remitted to the Lessor at Two Bala Plaza, Bala Cynwyd, PA 19004, unless otherwise indicated on the Lessor's invoice. The leased equipment will be located at: Address Germantown County FL-099 City DelrayBch. State FL DT code--.EL.2 (Subject to Condition 11 on reverse side) Lessee shall be liable for any damages to the equipment, and will pay a minimum cleaning charge for a unit not returned in a clean condition. Unit No. Serial No. Storage Only 0 Yes ~ No Insurance Valuation $ 25,000.00 Instructions **S;Pe r p¡::¡!=;e Agreem:>nr 1\"h. 1fi7074 ('["mn i t"i (m!=; . By the signature of Lessee: (signature), a Purchase Option is included as part of this agreement. Lessor will allow Lessee to purchase this Equipment at the expiration of the Minimum Period for $ less 50% of the rental paid for the Minimum Period as set out above. Such Minimum Period shall not exceed 36 month term for purpose of application of rental paid against the Purchase Option Price. No Agent, employee or representative of Lessor has any authority for any representation or warranty concerning the Equipment leased pursuant to this agreement that is not specifically included herein. Lessee acknowledges that he is not, in leasing this Equipment, relying upon any warranty, promise, or representation not set forth in this agreement, and assents to all the terms set forth herein unless set forth In addenda attached hereto. Lessor's obligations hereunder shall not be subject to any additional provision or provision(s) inconsistent with this agreement that may be contained in Lessee's Purchase Order. IN WITNESS WHEREOF, the pertles hereto heve executed this Agre.m.nt subject to the terms end conditions herein set forth end listed on both sides of this Ag....ment. Signed by duly euthorlzed eg.nts, subject to Condition 14, rev.rs. sid. this dey of 19_ By Employee' 9191 .) W. Hopper Gelco Space Authorized Agent DELIVERY 12' 64' COMPLEX OR 12' 60' RETURN COMPLEX OR OVERALLUNITSIZE_x_ ~_x_ OVERALL UNIT SIZE _x_ BUILDING SIZE _x_ Right Side Rear Ceiling Floor Right Side Rear Ceiling Floor I 4 D I 4 D 0.0 I I 0.0 I I Left Side Front Left Side Front J I Q J I Q 0.0 (Inside) 0.0 (Inside) Equipment Quantity ". Equipment Quantity ". Y2 Bath - 0 Y2 Bath 0 Carpeting - 0 Carpeting - 0 Desk - 0 Desk 0 ._~~----~--- File Cabinets - 0 File Cabinets - 0 Drafting Table - 0 Drafting Table --- 0 Plan Rack - 0 Plan Rack - 0 Keys - 0 Keys - 0 Steps @ $ - 0 Steps @ $ - 0 Stack Chairs @ $ 0 Stack Chairs @ $ 0 INSPECTION REPORT -MARK CLEARLY ALL DAMAGE FOUND "B" Bruised "C" Cut "H" Hole "D" Dent Cycle (M, F, C) ABO_,Plan CN, M,C) REMARKS speciallnstructl°i l'D CPI DU~NG TERM OF LEASE ~o DA 'B ¡ l.LI tV 6- eQ..1O P Lease Commencement Mo. Day Year Inspected & All Damages & Deficiencies Noted Above. State Tax Code Florida Damage Invoice to Follow Yes No Date Out: I I Code' Amount Mo. Day Yr. Gelco Space Inspector Date In: I I Accepted and Del. By Mo. Day Yr. Gelco Space Inspector Freight Vendor Received from & REMARKS Inspected by Signature of Lessee or Agent & Co. represented Lessee or his agent acknowledges receipt of equipment listed above subject to Lease Termination Date I I Condition 3a unless exceptions are noted above. Mo. Day Yr. Lessee Insurance Company Policy No. Cancellation Charges Subject to Condition 8(a), 8(b) Yes_ No_ Received & Accepted By X Reason: Lessee or Representative . . MEMORANDUM ---~--~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {~ SUBJECT: AGENDA ITEM # 8:D - ~~ET~NG9F OÇTOBER 29, 1991 RESOLUTION NO. 85-91 DATE: October 25, 1991 This is a resolution authorizing the City to purchase and lease certain real property located adjacent to the municipal boundaries on Germantown Road immediately west of the Foxe Chase subdivision (Blood's Grove) ¡ and, incorporating and accepting the conditions and terms of contracts for the sale and purchase and the lease between the sellers and the City. The resolution provides that the City will enter into a contract for sale and purchase with Norman Blood for the purchase of parcels of land for a permanent fire station site and an access easement for such property for the purchase price of $145,000. Additionally, it provides that the City will enter into a contract for lease of property for placement of a temporary fire station for the price of $16,000 over a two year term and other good and valuable considerations. The costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City. Recommend approval of Resolution No. 85-91. Pppeoùw üìA Con SEnT /of,;}.9/91 [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSII-IILE 407/278-4755 Wit ' Di t Li r er s reo ne (407) 243-7092 MEMORANDUM Date: September 20, 1991 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Purchase and Lease of Property for Fire Station No. 5 Our File #01-91.017 Since the Commission has now authorized the establishment of Fire Station No. 5 on a temporary basis beginning January 1, 1991, it is appropriate to consider the location of the permanent and temporary fire station. The Fire Department is recommending the purchase and lease of land on the northeast corner of the Blood's Grove property adjacent to Germantown Road. Our office has negotiated with the Blood's representa- tive, Ms. Carol Stanley, and is recommending that the City: 1. Purchase a 1.1 acre site for its appraised value of $145,000, along with an access easement to Germantown Road. 2. Lease an adjacent parcel totalling 16,748 square feet for two years at a cost of $16,000, which includes payment for trees that will have to be removed from the leased site. 3 . Payment of costs and attorney's fees incurred by the Bloods in association with the transfer of the property. If the Commission concurs with this recommendation, appropriate resolutions will be noticed in accordance with Chapter 36 and the contracts will be put before you for formal approval at your October 8th regular meeting. It would be anticipated that closing will be held shortly thereafter. Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. JSK : j w cc: David Harden, City Manager Chief Kerry Koen, Delray Beach Police Department Carol MacMillan Stanley, Esq. fire#5-2.txt ..,. . RESOLUTION NO. 85-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE AND LEASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED ADJACENT TO THE MUNICIPAL BOUNDARIES OF THE CITY OF DELRAY BEACH ON GERMANTOWN ROAD IMMEDIATELY WEST OF THE FOXE CHASE SUBDIVISION, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF CONTRACTS FOR THE SALE AND PURCHASE AND LEASE BETWEEN THE SELLERS AND THE CITY OF DEL RAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property within Blood's Grove on the northeast corner of the Blood's property immediately adjacent to the City of Delray Beach for the purpose of constructing a new Fire Station No. 5 facility for municipal benefit; and, WHEREAS, the City of Delray Beach, Florida, wishes to lease certain property on the northeast corner of Blood's Grove property immediately adjacent to the City of De1ray Beach's municipal boundaries for the purpose of constructing a temporary Fire Station No. 5 facility for municipal benefit; and, WHEREAS, the Sellers hereinafter named desire to sell and lease the properties hereinafter described to the City of Delray Beach, Florida; and, WHEREAS, the City Commission of the City of Delray Beach at its regular meeting of September 10, 1991, authorized the negotiation for the sale and lease of those certain properties; and, WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase and lease said property for the purpose described above, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to enter into contract for the sale and purchase with Norman Blood as Seller for the purchase of parcels of land for a permanent fire station site and an access easement to such property for the purchase price of One Hundred Forty-Five Thousand Dollars ($145,000.00) and other good and valuable considerations; said parcels being more particularly described as follows: PERMANENT FIRE STATION NO. 5 SITE: THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF FOXE CHASE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 07'33" EAST, ALONG THE WEST LINE OF SAID PLAT OF FOXE CHASE, 272.79 FEET; THENCE SOUTH 88 DEGREES 52'27" WEST, 200.00 FEET; THENCE NORTH 1 DEGREE 07'33" WEST, 200.00 FEET; THENCE NORTH 68 DEGREES 52'27" EAST, 212.84 FEET TO THE SAID POINT OF BEGINNING. . · described Permanent Site and Access Easement. The entire purchase price shall be due and payable at the time of closing. 4. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties or fact of execution communicated in writing between the parties on or before November 1, 1991, the offer will be withdrawn unless extended by mutual agreement. The date of this contract ("Effective Date") will be the date when the last one of the BUYER and the SELLER has signed this offer. ~;.:.. 5. TITLE EVIDENCE: At least seven (7). days before closing, SELLER shall, at BUYER's expense, deliver to BUYER's attorney a title insurance commitment in accordance with Paragraph 9. 6. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on November 30, 1991 unless extended by other provisions of the contract. 7. RESTRICTIONS; EASEMENTS; LIMITATIONS: BUYER shall take title to Permanent Site subject to zoning restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record, taxes for year of closing and subsequent years provided that there are no non-governmentally imposed restric- tions on the property which would prevent the Permanent Site from being used for as a Fire Station and that there are no violatiõñg- or restrictions of any of the foregoing which would prevent the Access Easement from being used by the BUYER, as access to the Permanent Site or prevent the location utility lines running to the Permanent Site. 8. OCCUPANCY: SELLER warrants that there are no parties in occupancy other than SELLER. 9. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewri tten or handwritten provisions shall control all printed provisions of the Contract in conflict with them. 10. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to BUYER, upon recording of the deed to BUYER, an owner's policy of title insurance in the amount of the purchase price, insuring BUYER's title to Permanent Site and Access Easement, subject only , to liens, encumbrances, exceptions or qualifica- tion set forth in this Contract and those which shall be discharged by SELLER at or before closing. SELLER shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. BUYER shall have 5 days from date of 2 "-,, . receiving evidence of title to examine it. If title is found defective, BUYER shall, within 3 days, notify SELLER in writing specifying defect(s). If the defect(s) render title unmarket- able, SELLER will have 120 days from receipt of notice wi thin which to remove the defect(s), failing which BUYER shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to BUYER¡ thereupon buyer and SELLER shall release one another of all further obligations under the Contract. SELLER will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. II. SURVEY: BUYER, at BUYER's expense, within time allowed to deliver evidence of title and to examine same, may have Permanent Site surveyed and certified by a registered Florida surveyor. If survey shows encroachment on Permanent Site or that improvements located on Permanent Site encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. 12. INGRESS AND EGRESS: SELLER warrants and represents that there is ingress and egress to the Permanent Site sufficient for the intended use as described in Paragraph 6 hereof, title to which is in accordance with Standard A. 13. LIENS: SELLER shall furnish to BUYER at time of closing an affidavit attesting to the absence, unless otherwise providect--for herein, of any financing statements, claims of lien or potential lienors known to SELLER and further attesting that there have been no improvements or repairs to Permanent Site and Access Easement for 90 days immediately preceding date of closing. If Permanent Site and Access Easement have been improved, or repaired within that time, SELLER shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to SELLER's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improve- ments or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing. 14. PLACE OF CLOSING: Closing shall be held in the county where Permanent Site is located, at the office of the attorney or other closing agent designated by SELLER. 15. TIME: Time is of the essence of this Contract. 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. 3 . . 16. DOCUMENTS FOR CLOSING: SELLER shall furnish mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments as necessary. BUYER shall furnish closing statement and deeds. 17. EXPENSES: Documentary stamps on the recording of corrective instruments shall be paid by the BUYER. Documentary stamps on the deed shall be paid by BUYER. Reasonable and necessary attorney's fees incurred by the SELLER in the negotiation and closing, excluding any fees incurred in making the title marketable if it is found to be defective pursuant to Paragraph 9 of this Contract shall be paid by SELLER. la. PRORATIONS; CREDITS: Taxes, assessments, rent, " interest, insurance and other expenses and revenue of Permanent Site shall be prorated through day before closing. BUYER shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to BUYER /. and escrow deposits held by mortgagee will be credited to SELLER. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assBssment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Permanent Site by January lst of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either BUYER or SELLER, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. 19. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by SELLER. Pending liens as of date of closing shall be assumed by BUYER. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and SELLER shall, at closing, be charged an amount equal to the last estimates of assessment for the improvement by the public body. 4 U', , , 20. PROCEEDS OF SALE; CLOSING PROCEDURE: The deeds shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at BUYER's expense to show title in BUYER, without any encumbrances or change which would render SELLER's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by SELLER'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 SELLER's title is rendered unmarketable, through no fault of BUYER, BUYER shall, within the 5 day period, notify SELLER in writing of the defect and SELLER shall have 30 days from date of receipt of such notification to cure the defect. If SELLER fails to timely cure the defect, all deposit(s) shall, upon written demand by BUYER and within 5 days after demand, be returned to BUYER and simultaneously with such repayment, BUYER shall return Personalty and vacate Permanent Site and reconvey it to SELLER by special warranty deed. If BUYER fails to make timely demand for refund, BUYER shall take title as is, waiving all rights against SELLER as to any intervening defect except as may be available to BUYER by virtue of warranties contained in the deed. If a portion of the purchase price is to be derived from institutional financing or refinancing, require- ments of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. SELLER shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to BUYER-mortgagor. The escrow and closing-~rocedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 21. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 22. FAILURE OF PERFORMANCE: If BUYER fails to perform this Contract within the time specified (including payment of all deposit(s), the deposit(s) paid by BUYER may be retained by or for the account of SELLER as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, BUYER and SELLER shall be relieved of all obligations under Contract; or SELLER, at SELLER's option, may proceed in equity to enforce SELLER's rights under this Contract. If, for any reason other than failure of SELLER to make SELLER' s_ title marketable after diligent effort, SELLER fails, neglects or refuses to perform this Contract, the BUYER may seek specific performance or elect to receive the return of BUYER's deposit(s) without thereby waiving any action for damages resulting from SELLER's breach. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in 5 Pr-_' . . . . any public records. This Contract 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. 24. CONVEYANCE: SELLER shall convey title to Permanent Site by statutory warranty, trustee's, personal representa- tive's or guardian's deed, as appropriate to the status of the SELLER, subject only to matters contained in Paragraph 7 and those otherwise accepted by BUYER. SELLER shall convey the Access Easement by easement deed in a form acceptable to BUYER. 25. INSPECTI0NS: BUYER shall have the right and privilege to enter in and upon the property to p~rform such tests as BUYER may deem necessary to determine the surface or subsurface condition of the soil and water on and under the property. In the event the soil or water is found to be contaminated, BUYER will notify SELLER of its findings in writing, and the closing of this matter shall be postponed for sixty (60) days. BUYER will have the option of performing the necessary work to/correct such contamination of soil or water at BUYER's own cos t and expense, or BUYER may terminate this Contract without further liability of any kind whatsoever to BUYER or SELLER. 26. REAL ESTATE COMMISSIONS: Each party represents to the other that no real estate broker has been employed or uti I i z ect----in this transaction or in procuring and introducing BUYER to the property. Each party agrees to indemnify and hold the other harmless from any claims and demands of any real estate broker, salesperson, or other person claiming entitle- ment to a fee or commission, including costs and attorney's fees in resisting such claims, and in the event of litigation at trial and on appeal. The provisions of this paragraphs are intended to and shall survive the closing. 27. LICENSE TO HARVEST: BUYER grants to SELLER a license to cultivate and harvest crops from the fruit trees existing on the Permanent Site until such time as BUYER begins site clearing and/or construction on the property. BUYER shall notify SELLER of its intent to begin site clearing and/or construction on the Permanent Site at least ten (10) days prior to beginning the work. 28. ANNEXATION: SELLER authorizes BUYER to begin annexation of the Permanent Site and Access Easement into the City of Delray Beach with the Permanent Site being rezoned to Community Facilities District and the Access Easement being rezoned to Agricultural Zone District; provided, however, that final action on the annexation and rezonings cannot take place until after the date of closing. All costs associated with the annexation and rezoning shall be borne by the BUYER. 6 "'" . . 29. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon BUYER or SELLER unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 30. WARRANTIES: SELLER warrants that there are no facts known to SELLER materially affecting the value of the Permanent Site which are not readily observable by BUYER or which have not been disclosed to BUYER. DATED: October , 1991- SELLER: BY: NORMAN W. BLOOD, JR. Tax I.D. # BUYER: BY: CITY OF DELRAY BEACH ATTEST: ----- City Clerk Approved as to Form and Legal Sufficiency: City Attorney 7 ",,' 'III . ~ MEMORANDUM ---_._-~----~ TO: MAYOR AND CITY COMMISSIONERS Cf¡J1 FROM: CITY MANAGER i.- / · SUBJECT: AGENDA ITEM # ~~ - MEETING OF OCTOBER 29, 1991 WAIVER OF SIDEWALK INSTALLh1'IQN REQUIREMENT DATE: October 23, 1991 We have received a request for waiver of the sidewalk installation requirement for the Wallace Square Subdivision located south of Thomas Street, between Seabreeze and Andrews Avenues. At your October 9, 1990 meeting, the Commission approved the final plat for the site, and concurrently approved the waiver of sidewalk installation on Thomas Street and the east side of the new roadway, now known as Luke Lane. Sidewalks were to be installed only on the frontages of the new lots and the west side of Luke Lane. The roadway is now constructed, and the agent for the owner has requested that the sidewalk be waived on Luke Lane, pursuant to the approved road construction plans. Pursuant to LDR Section 6.1.3(D)(1)(b), a complete sidewalk waiver can be granted for a residential subdivision where it is clear that the sidewalk system will not serve its intended purpose. As the Commission was the approving board on the final plat and original sidewalk waivers, this request is before you for action. The Planning and Zoning Board does not take action on requests of which the Commission was the final approval authority. Recommend approval of the request for waiver of the sidewalk requirements for the Wallace Square Subdivision. ..." '" f ~ lií,/1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: ¡ E. DEARDEN, PLANNER II, PLANNING & ZONING ~C~~ OF PLANNING & ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 **CONSENT AGENDA** REQUEST FOR WAIVER OF SIDEWALK INSTALLATION WALLACE SQUARE SUBDIVISION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is to grant a request to waive the installation of a sidewalk in conjunction with the subdivision improvements for the Wallace Square Subdivision. BACKGROUND: The subdivision of Wallace Square is located south of Thomas Street, between Seabreeze Ave. and Andrews Ave. The final plat was approved by the Commission at their meeting of October 9, 1990. In addition to the final plat approval, approval was granted waiving sidewalk installation on Thomas Street and the east side of the new roadway, now known as Luke Lane. Sidewalks were to be installed only on the frontages of the new lots and the west side of Luke Lane. The roadway is now constructed, and the agent for the owner has requested that the sidewalk be waived on Luke Lane as pursuant to the approved road construction plans. Since the Commission was the approving board of the final plat and the original sidewalk waivers, this sidewalk waiver request is before you for action. PLANNING & ZONING BOARD CONSIDERATION: Pursuant to L.D.R. section 6.1.3(D), the Planning & Zoning Board does not take action on this waiver request. The final approving ..'. ,,, Page 2 City Commission Documentation Wallace Square Subdivision, Sidewalk waiver request board on the plat was the Commission, thus they may grant the sidewalk waiver. FINDINGS: No findings are required for a sidewalk waiver. ASSESSMENT: Pursuant to section 6.1.3(D)(1)(b), a complete sidewalk waiver can be granted for a residential subdivision where it is clear that the sidewalk system will not serve its intended purpose. This subdivision consists of 3 lots on a cul-de-sac. The surrounding neighborhood does not have sidewalks. The new sidewalk for this subdivision would not provide a usable sidewalk system. Sidewalks are intended to serve pedestrian travel within a right of way. In the case of this subdivision, the sidewalk within the cul-de-sac goes nowhere. RECOMMENDED ACTION: By motion, grant a waiver to the installation of sidewalks within the Wallace Square subdivision. Attachment: * Copy of subdivision improvement plan * Copy of letter of request for waiver * Typical Cul-de-sac cross-section * Typical Cul-de-sac right of way ked:#llwalsq w" '" . , Digby Bridges, Marsh & Associates, P.A. 124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483 407-278-1388 \) )\1, - , . ~'.'.j r(¡ .. .,(tI I.·r J.."·¡;·""L ¿- ¡,'.,~::-:::... (" '" Yfri(,· , 17 October 1991 Mr. David Kovacs Planning & Zoning City of Delray Beach 100 NVJ 1st Street Delray Beach, Florida 33444 RE: Luke Croquet Court Dear David: Our client, Dr. Luke, wishes to request a waiver on the side walk currently being put in place along Luke Lane. This is a private court and the two houses are not to be built at this time, therefore we requested that the City waiver the construction of the sidewalk to when the houses are permitted and being built. We also wish to bring to your attention that this will be the only side walk in the area. We hope that this can be administratively dealt with as soon as possible. We would expect a small amount of money to be put with the City in the form of a letter of credit for approximately $2000.00. Kind regards, Yours sincerely, DIGBY BRIDGES, ~ffiRSH & ASSOCIATES, P.A. ~~. Digby C. Bridges, A.I.A., R.I.B.A. ..~:ç~\\ '<,~'~~~~ '\ 'f'~¡ DCB/sl :\'. "L·· ,'" l\ ~., ." ..''''~~'I. ~~' ..,\ .."" ~;)\~. ?' "t-... 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~~ SUBJECT: AGENDA ITEM # ~ F - MEETINQ___QF OÇJ:'OBER 29, 1991 ACCEPTANCE OF EASEMENT_DEED DATE: October 23, 1991 This item is before you to accept an easement deed from St. Mary the Virgin American Episcopal Church, located at 900 West Atlantic Avenue, for the extension of a utility line through the church parking lot. The easement deed has been reviewed by the City Attorney's office and is deemed to be properly prepared, Recommend acceptance of an easement deed from St. Mary the Virgin American Episcopal Church for the extension of a utility line through the church parking lot. "',-. · [ITY DF DELIAY BEA[H " f:. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444 FACSIMILE 407/278-4755 'Writer's Direct Line (407) 243-7090 MEMORANDUM Date: October 22, 1991 To: City Commission David Hal-den, City Manager . ~ David N. From: Tolces, Assistant City Attorney Subject: St. Mary The Virgin American Episcopal Church Easement Deed Attached .is a properly execut.ed Easement Deed by which the church is granting the City a utility extension easement in the church pal'king lot. Please include this item in the Commission!s agenda for October 29, 1991. DNT:sh Attachment stmary.txt r ' . . . EASEMENT DEED ST tWfuErvikG1WMfcWjmade this 9~ay of July I 1 9~, by and between -~L [HI\KH If\(' I parties of the first part, and the CITY OF DELRAY BEACH, a Flotida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00 ) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain. sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easément fo'r the purpose of: Utility exten.~_____ with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such easement under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Attached Exhibit Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and al~' mortgages or liens encumbering this easement. The parties of the first/part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. ~n'I'NESS : . PARTIES OF THE FIRST PART ST. MARY THE VIRGIN AMERICAN EPISCOPAL CHURCH, INC. BY: ~--~/ »: ~ ... ID OOTCHIN, SEI'H R WMŒN STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an office authorized in the State and County aforesaid to take acknowledgments, personally appeared DAVID DOTCHIN, SR. WMDEN, well known to me, and they -_. _. acknowledged executing the same. WITNESS my hand and State last aforesaid this plì day of --¥" Commission Ex ires: r .-;';::',';;;"" OFFICIAL SEAL / , :eç.' '\ JAMES W. NOWLIN. JR. I '. f'ið!Jf : Notary P"blic Stale of Florida , ..... .'-.,y,~,.... M" Commission Expires . '. :::: ..' ;.<!:rOI·¡;R 30.1993 ,-...-............---... J'~':', t ~ :11 ~I'~ ,-,. . \'- . \ .....~. . " EXHIBIT A 12.00 foot wide utility easement being a portion of the plat of, ST. MARY THE VIRGIN CHURCH, as recorded in Plat Book 61, Page 161 of the Public Records of Palm Beach County, the centerline being more particularly de- scribed as follows: COMMENCE at the southwest corner of said plat of ST. MARY THE VIRGIN CHURCH thence northwesterly along the east right-of-way of Homewood Boulevard, as shown on said plat along the arc of a curve concave to the southwest having a radial bearing of S 58°38'02" W, a radius of 390.00 feet, a central angle of 11°01'40", an arc distance of 75.06 feet; thence N 89°56'14" E, along the centerline of an existing 12 foot utility easement, as dedicated by said plat. a distance of 190.00 feet to the end of said easement, and the POINT OF BEGINNING, thence continue N 89°56' 14" E, a distance of 61.69 feet to a point of intersection with the east boundary of said plat and THE"' POINT OF TERMINATION. - - 'F, 1'-1 ~ . ~ ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~ SUBJECT: AGENDA ITEM # f? ~ - MEETING OF OCTOBER 29, 1991 AGREEMENT FOR ENGINEERING SERVICE DATE: OCTOBER 23, 1991 This item is before you to approve an agreement for civil engineering services with Lawson, Noble and Associates, Inc. This general consulting agreement provides that any tasks performed will be authorized by the City Commission via service authorizations. The standard indemnification clause is also contained in this agreement. No funding is involved. Recommend approval of an agreement with Lawson, Noble and Associates, Inc., for civil engineering services. '" - PLEASE NOTE: LAWSON, NOBLE & ASSOCIATES HAS EXECUTED THE CITY'S STANDARD ENGINEERING CONSULTING CONTRACT. - flW I í r ~ - ~ . Agenda Item No. : AGENDA REQUEST Date: Oetoher 1l. 1991 Request to be placed on:' xxx Regular Agenda Special Agenda Workshop Agenda When: Oc.tober 29. 1991 Description of agenda item (who, what, where, how much): Request City Commission to approve Agreement with Lowson, Noble and Associates Inc. for Engineering Services for General Civil Engineering Serviees. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend City Commission to approve contract Agreement for En~ineerin~ Services for Lawson, Noble and Associates, Inc. .... Department Head Signature: /j)/JI5ißi> ~ð~jJ /O/~),( . Determination of Consistency with Comprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ." '" . ~ MEMORANDUM ---.-------- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM # '--H - MEETING OF OCTOBER 29, 1991 ADDENDUM NO. 2/GOLF COURSE__.M~NAGEMENT AGREEMENT DATE: October 23, 1991 This item is before you to approve Addendum No. 2 to the Golf Course Management Agreement. Addendum No. 2 provides that Dubin and Associates, Inc. will transfer the alcoholic beverage license back to the City upon termination of the management agreement. Recommend approval of Addendum No. 2 to the Golf Course Management Agreement with Dubin and Associates, Inc. ",' '" . . [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 20ü NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 W . t ' D' t L' 1:1: .er S lorec lone (407) 243-'7090 MEMORANDUM Date: October 23, 1991 To: City Commission David Harden, City Manager ~ F:r:om: David N. Tolces, Assistant City Attorne . Subject: Addendum No. 2 to the Management Agreement This Addendum to the Management Agreement between the Cit_y and Dubin & Associates, Inc. reflects the need for a paragraph in the agreement regarding the alcoholic beverage license. The St.ate Division of Alcoholic Beverage and Tobacco has required that Dubin & Associates, Inc. be the license holder due to their control over the employees on site at the golf course restaurant. Therefore, because the license is presently in the City!s name, we had to transfer the license over to Dubin & Associates, Inc. As a result, it ItlOuld be advantageous for the City too place a paragraph in the f.1anagement Agreement which would require Dubin & Associates, Inc. to transfer the alcoholic beverage license back to the City at the time the agreement is terminated. PleasE~ place this item on the Commission's October 29, 1991 agenda for Commission consideration. DN'l': sh Attachment dubin. t:xt "., ,,, ADDENDUM NO. 2 TO MANAGEMENT AGREEMENT This Addendum to the Management Agreement of January 1, 1991, is entered into by and between the CITY OF DELRAY BEACH, FLORIDA (hereinafter referred to as "City") and DUBIN ASSOCIATES, INC. (hereinafter referred to as "Dubin") on this ! ____ day of November, 1991. WIT N E SSE T H: WHEREAS, the City and Dubin covenant and agree to amend and modify the Management Agreement entered into on January 1, 1991 in order to provide for the orderly transfer of the alcoholic beverage license transferred to Dubin. WHEREAS, Dubin will transfer the alcohol beverage license tò--the City at the City's request. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1- The recitations referred to above are hereby incorporated herein. 2. The parties agree that City will pay all cost, fees and expenses associated with maintaining the alcoholic beverage license. At the time of the termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City. ,,-, . . 3. All the terms and conditions of th Management Agreement of January 1, 1991 and the Addendum No. 1 of October -' 1991 not in conflict with the aforementioned conditions of this Addendum to the Management Agreement of January 1, 1991 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands, the day and year first above written. WITNESS: DUBIN ASSOCIATES, INC. BRAHM DUBIN, VICE PRESIDENT WITNESS: CITY OF DELRAY BEACH City Clerk Mayor Approved as to Form: --- City Attorney 2 '" . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ï1 ,1 FROM: CITY MANAGER fì; ~'/ SUBJECT: AGENDA ITEM # r r - MEETING OF OCTOBER 29, 1991 AUTHORIZATION TO PLACE SIGNS IN THE CITY'S RIGHT-OF-WAY/ WEST ATLANTIC AVENUE PROPERTY OWNERS ASSOCIATION DATE: October 23, 1991 We have received a request from the West Atlantic Avenue Property Owners Association to erect special event signs within the medians at Atlantic Avenue and the I-95 Interchange, West Atlantic and 12th Avenues, and Linton Boulevard and the I-95 Interchange, in conjunction with the first Old Fashion Community Picnic being held at Pompey Park on November 2, 1991. The Land Development Regulations provide for the placement of special event signs, not to exceed 20 square feet in area, subject to Commission approval. Recommend approval of the request from the West Atlantic Avenue property Owners Association to erect signs in the City's rights-of-way in conjunction with the first Old Fashion Community Picnic. '" MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEME RE: SPECIAL EVENT ACTIVITY REQUEST FROM WEST ATLANTIC AVE. PROPERTY' S OWNERS ASSOCIATION (WAPOA)/PERMISSION TO ERECT SPECIAL EVENT SIGNS IN MEDIANS DATE: OCTOBER 23, 1991 ITEM BEFORE THE COMMISSION: - - Request from the members of WAPOA to erect special event signs within medians at Atlantic Avenue & 1-95, West Atlantic Avenue and 12th Avenue, and Linton & 1-95 beginning on Wednesday, October 30th, for its first Annual Community Picnic, to be held on Saturday, November 2, 1991 at Pompey Park. BACKGROUND: Pursuant to Section 4.6.7 (D) (3 ) (j) , special event signs are allowed to be erected one week prior to the event. Commission approval to place signs within right-of-ways is required. All signs approved must be less than 20 sq. ft. in size. This is the first Community Picnic sponsored by WAPOA. The Commission ,approved the use of the City's stage equipment in support of thi~ activity in a prior agenda item. RECOMMENDATION: We would recommend City Commission approval of this request from WAPOA to place special event signs inviting the public to a Community Picnic on November 2, 1991 at Pompey Park within various medians. LB:DQ D11 WOPOA.CC/LCB . . . Agenda I t:.em No.: AGENDA REQUEST Date: 10/24/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Permission to erect special event signs in the medians for West Atlantic Avenue Property Asso (WAPOA) Community Picnic, November 2, 1991 ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: Approval ~cu k!... p--:, Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: / ý~/ NO tt¡~ Hold Until: - Agenda Coordinator Review: Received: Action: Approved/Disapproved ,., ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 29, 1991 AUTHORIZATION TO PLACE SIGNS__IN THE CITY'S RIGHT-OF-WAY/ SUNSHINE TENNIS CUP DATE: October 23, 1991 We have received a request from the Chairman of the Sunshine Cup and Continental Cup Tennis Tournament for authorization to erect flags along Linton Boulevard. In addi ti on he has requested that the City provide welcome and directional signs at Lindell and Dotterel Roads; and, provide police coverage during the Annual Tennis Tournament scheduled for December 8 through 15, 1991. The Land Development Regulations provide for the placement of special event signs, not to exceed 20 square feet in area, subject to Commission approval. Recommend approval of the request from Chairman of the Sunshine Cup and Continental Cup Tennis Tournament. .." '" , Agenda I~em No.: AGENDA REQUEST Da te: 10/24/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Approval of special event signs in right-of-way for Sunshine Cup and Continental Cup Tennis Tournament ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommenda t ion: Approval ~ -p~--, Department Head Signature:· . I . Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~~~/ NO {~~ Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved '" MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CITY COMMISSION APPROVAL TO ERECT SPECIAL EVENT SIGNS IN RIGHT-OF-WAY!SUNSHINE CUP AND CONTINENTAL CUP TENNIS TOURNAMENT AND PROVIDE APPROVAL OF OTHER REQUESTED ITEMS DATE: OCTOBER 23, 1991 ITEM BEFORE THE COMMISSION: - - Consideration of request from the Chairman of the Sunshine Cup and Continental Cup Tennis Tournament to erect flags along Linton Boulevard in support of the Annual Tennis Tournament, to have the City provide "Welcome" and "Directional" signs at Lindell and Dotterel Roads from December I, 1991 and provide police coverage of the general area in support of the event. BACKGROUND: The Annual Tennis Tournament is scheduled for December 8th through the 15th at the Delray Racquet Club. The activity is considered to be a Special Event and therefore, is allowed to have signs erected one week prior to the event that are less than 20 sq.ft in area pursuant to section 4.6.7 (D) (3) (j) . The City approved the same for this event last year. The City Commission has to approve such signage being placed in public right-of-ways. The Chairman is asking the City to install and remove both the flags and signs if approved. We assume all cost for police services will also be born by the City. RECOMMENDATION: We would recommend Commission approval of the Special Event Activity as listed above and direction to staff be provided for other items requested by the Tournament Chairman. cc: Rick Overman, Police Chief d11 Tennis.CC/LCB ·" "?bAfIe I/....fl.- . Asr[N llAf AT DELRA V RACQUET CLUB "A TENNIS COMMUNITY" DELRAY BEACH "'H"-'''' IŒi\IJY INC. 750 EGRET CIRCLE. DELRA Y BEACH, FL 33444 NA T'L 1 -800-336-6925 FAX 407-272-0139 October 14, 1991 -l\'..t' ~ ..,,~ _;6.., f'> ." ..' If t- Of) ....~ /l" .,. ',' Mr. David Harden c., I l' C/ly. 6 1991 City Manager, Delray Beach /'y¡llrV4C ' 100 NW lst Avenue 'tP' Delray Beach, FL 33444 'SO" n!...., '-'( Re: Sunshine Cup and Continental Cup Temrls Tournament, December 8 - 15th Dear Mr. Harden, It is now time to set the wheels in motion. Accordingly, we would sincerely appreciate your assistance in the following manner: (1) International Flags: Request the flags installed along Linton Blvd. no later than December 1st. 1he flags are presently with the Chamber of Cœmerce; the contact there is Kathy Shabotynsky - 278~24. (2) Welcaoe and Directional Signs: Prepare, put up and remove welcaoe and directional signs at Lindell and Dotterel roads. This we would appreciate being accaoplished by December 1st also . (3) Police Coverage: On opening day, December 8th and throughout the tournament, additional police coverage of the general area. I will gladly answer any questions you may have. You may telephone me at anytime. Thank you for your help and support, and I look forward to seeing you on Opening Day. C o Colucci Tournament Chairman cc: Kathy Shabotynsky, Chamber of Cœmerce File '" . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 29 1991 RATIFICATION OF SO H CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AÇTIONS DATE: October 25, 1991 This item is before you to ratify actions taken at the South Central Regional Wastewater Treatment and Disposal Board's meeting of October 17, 1991. The following items were approved: (1) Change Order No. 3, in the amount of $25,051, to the contract with SCE, Inc. for the Odor Abatement project. The City's share of funding ($12,525.50) is available in 1991 Revenue Bond Construction/SCRWTD Odor Abatement (Account No. 447-5165-536-60.31). (2) Use of funding in the amount of $42,800 from the Sinking Fund to replace the entire Hydrogritter Unit ($16,550)¡ mechanical and electrical components in the Buck-EI Conveyor ( $12 , 500) ; and, to furnish and install Toshiba Main and Diagnostic Boards ($13,750). (3 ) Use of excess Operating Revenue from fiscal year 1990/1991 to fund the cost of the Emergency Access Road. Recommend ratification of the above South Central Regional Wastewater Treatment and Disposal Board actions of October 17, 1991. ..-, '" . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 1991 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17 ,1991, by a vote. of 6-0 author- ize Change Order No. 3 to SCE Inc for the Odor Aba teme'n t System - Aeration Basins, New Electrical Service and Effluent Pump Station Expansion and subject to ratification by City of Boynton Beach and City of Delray Beach in independent sessions; and, WHEREAS, costs as submitted in the amount of $25,051.00 are to be assessed 50% to the City of Boynton Beach and 50% to the City of Delray Beach; and, WHEREAS, said Board action requires ratification by' the City of Boynton Beach and the City of Delray Beach, NOW, THEREFORE, the City of Boynton Beach and the City of De1ray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , 1991, by a vote. Witnesses: CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney The above action is hereby ratified in open session by the City of De1ray Beach this day of , 1991, by a vote. Witnesses: CITY OF DELRAY BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager ~~ty Attorney . AGENDA ITEM E4-d2 . Attachment "A" Item Descriptions South Central Regional Wastewater Treatment and Disposal Board Odor Abatement - Aeration Basins and Effluent Pump Station Expansion CDM project No. 6l71-05 Change Order No. 3 Item No. 1 Description: Delete the painting to the interior of the FP&L vault. Purpose: To comply with the advice of FP&L. Cost: <$3,215.00> Credi t 2 Description: Furnish and install revisions to the FP&L vault ventilation consisting of b1ockwork, a 6'-0" x 5'-4" louver and diamond mesh screens without cementitious finish. Purpose: To comply with the requirements of FP&L. Cost: $7,499.00 3 Descr;ätion: Furnish and install two (2) 30-inch flang butterfly valves with cradle supports in lieu of wafer valves within the blower suction piping. Delete one (1) 30-inch wafer valve at the eastern end of the blower discharge piping. Purpose: To facilitate future maintenance of pipework and filter housing. Cost: $5,837.00 -4 Description: Furnish and install blockwork to block up the openings adjacent to the fans in the Blower Building. Pur~se: To provide for more efficient operation of e ventilation fans. Cost: $1,692.00 '" . . Page 2 5 Description: Furnish and install additional pipe and fittings to reroute the 36-inch effluent line. Pur~se: To adjust elevation of proposed piping to avo 1 conflict with existing pipes. Cost: $l3,336.00 6 Description: Delete the effluent pump witnessed factory tests; acceptance of certified pump curves. Purpose: To clarify scope of work. Cost: <$4,697.00> Credit 7 DeSCri~ion: Furnish and install a retaining wall along e south, east and west sides of Plant B odor control slab. Purpose: To enhance grading of the area around the odor control slab. Cost: $4,659.00 ~.-, . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 1991 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17 ,1991, by a vote of 6-0 authorize to utilize Sinking Fund to replace entire Hydrogritter Unit @ $16,550.00, Mechanical and Electrical Compo nets Buck-El Conveyor @ $12,500.00, and furnish and install Toshiba Main and Diagnostic Panel Boards @ $13,750.00 and subject to ratification by City of Boynton Beach and City of De1ray Beach in independent sessions; and, WHEREAS, costs as submitted in the amount of $42,800.00 are to be assessed 50% to the City of Boynton Beach and 50% to the City of Delray Beach; and, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach, NOW, THEREFORE, the City of Boynton Beach and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , 1991, by a vote. \'li tnesses: CITY OF BOYNTON BEACH By: Mayor .. Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney The above action is hereby ratified in open session by the City of Delray Beach this day of , 1991, by a vote. Witnesses: CITY OF DELRAY BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney .... '" . . G. NEW BUSINESS (add on) 4,. Authorization to Utilize Sinking Fund to Repai"L and Replace Various Equipment: a. Replace Entire Hvdrogrttter Unit ~16.550. Hydrogritter which conveys g"Lit from classifier to grit hopper has deteriorated due to corrosive environment within the building. Must be replaced to assure continuous operation. b. Replace Mechë,\.!1iQ.al Ç\nd_EleG..tl::i£.gl LJÀL5it~ Components Buck:~l Conv~yor Mechanical and Electrical Components on Buck-El Conveyor which conveys debris from bar screen to grit hopper has deteriorated due to corrosive environment within the building. Must be replaced t.o assure con·tinuous operation. c. Furnish ~JJ1.;5tall TQshiba Mß.J.ILªng $._.lL_120 L Diagnostic Panel_Boards Effluent Pump Station Due to corrosive environment. within the building the Main and Diagnostic Panels deteriorated to such an extent that the main Toshiba Effluent Pmnp was no longer operable. Replaced panels. .,.. . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 1991 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17 ,1991, by a vote of 6-0 authorize use of the excess Operating Revenues for the fiscal year 1990/91 to fund the cost of the Emergency Access Road and subject to ratification by City of Boynton Beach and City of Delray Beach in independent sessions; and, ~mEREAS , said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach, NOW, THEREFORE, the City of Boynton Beach and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , 1991, by a vote. Witnesses: CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney The above action is hereby ratified in open session by the City of Delray Beach this day of , 1991, by a vote. Witnesses: CITY OF DELRAY BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney .'. '" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (JJJ¡ SUBJECT: AGENDA ITEM # rl- - ME~TING OF OCTOBER 29, 1991 RESOLUTION NO. 81-91 DATE: October 25, 1991 This is a resolution assessing costs for abating nuisances on 38 properties located within the City. This resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties should the assessments remain unpaid. Recommend approval of Resolution No. 81-91. ... III RESOLUTION NO. 81-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR. UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative 'has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 10D.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- :1 erty owner (s) failed and/or neglected to abate such nuisance (s) within ;'1 the time designated at the hearing wherein a decision was rendered i adverse to the property owner(s); and, II WHEREAS,I the City of Delray Beach, through the City Administra- ¡ tion or such agents or contractors hired by the City Administration was , therefore required to and did enter upon the land(s) described in the I list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, I WHEREAS, the City Manager of the City of Delray Beach has, , pursuant to Chapter 100 of the Code of Ordinances of the City of Delray I Beach, submitted to the City Commission a report of the costa incurred i in abating said nuisance (s) as aforesaid, said report indicating the i costs per parcel of land involved; and, I I WHEREAS, the City Commission of the City of Delray Beach. ! I pursuant to Chapter 100 of the Code of Ordinances desires to assess the , . I cost of said nuisance (s) against said property owner (s) , I ! I '" ,¡ I I I THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I NOW, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ¡ Section 1. That assessments in the individual amounts ,as sh~wn I I I by the report of the City Manager of the City of Delray Beach, ~nvolv~ng I the City I s cost of abating the aforesaid nuisances up~n t?e lots or parcels of land described in said report, a copy of wh~ch ~s attached I hereto and made a part hereof, are hereby levied agai,nst. the parcel (s) I of land described in said report and in the ~oun~(s~ ~nd~cated thereon. Said assessments so levied shall, if not pa~d w1th1n th1rty (30) days after mailing of the notice described in Se~. 3, .becom~ a l~en upon t~: \ respective lots and parcells) of land descr1bed 1n sa1d report, of t same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal. valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8\ per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the coat of abatement, interest at the rate of 8\, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991- MAYOR ATTEST: City Clerk ~ 2 - Res. No. 81-91 . ,,-, . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION c:w-ÆR ASSFBSMENT S4.75' OF LOT 8 & LOT 9, BLK 7, ROBERT & ANNA SLOCUM $ 39.00 OSCEOLA PARK, PB 3, P 2, 630 SE 4TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING) COUNTY, FL (636 SE 4TH AVENUE) W75' OF E175' OF N160' OF LUCRETIA WALKER $144.00 W 1/2 OF S 1/2 OF LOT 5, SUB. 601 SW 8TH AVENUE 70.00 (ADM. COST) OF SEC. 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (LAKE IDA ROAD) S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 34.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (303 SW 2ND AVENUE) LOTS 1 TO 31 INC., W 1/2 OF SOUTH ATLANTIC CONFERENCE $629.00 ABNDED SW 6TH AVE. LYG E OF & ASSN. OF SEVENTH DAY 70.00 (ADM. COST) ADJ TO LOTS 1, 22 TO 31 & 12' ADVENTIST INC. (RECORDING) ABNDED ALLEYS LYG WITHIN BLK. 201 NW 3RD AVENUE A, RIDGEWOOD HEIGHTS, DELRAY, DELRAY BEACH, FL 3344'4 PB 14, P 44, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW lOTH STREET & SW 7TH AVE) E50' OF W450' OF S135 ,. OF CEDONIA BROWN $ 35.00 W 1/2 OF S 1/2 OF LOT 5, SUB. 502 SW 14TH AVENUE 70.00 (ADM. COST) OF SEC. 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 4TH STREET) S5' OF LOT 1 & N71.5' OF LOT 2, SYLVIA SCHUPLER TR. $ 65.00 BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM. COST) PAGE 3, PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33405 (RECORDING) BEACH COUNTY, FL (SW 5TH AVENUE) ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV II, INC. $ 58.42 RECORDS, PALM BEACH COUNTY, FL 18559 LONG LAKE DRIVE 70.00 (ADM. COST) (SE 6TH AVENUE) BOCA RATON, FL 33496 (RECORD ING) LOT 3, BLK 2, RIO DEL REY JAMES GINESI. $ 31.69 SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) -3- Res. No. 81-91 ,,, . LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 31.68 SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) ESO' OF W17S' OF N160' OF W BEATRICE & BOBBY L. $ 60.00 1/2 OF S 1/2 OF LOT 5, SUB. OF GRAHAM 70.00 (ADM. COST) SEC. 8-46-43, PB 1, P 3, 721 NW 4TH STREET (RECORDING) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (714 LAKE IDA ROAD) NSO' OF S250' OF E135' OF ANNIE O'NEAL $360.00 W285' OF S 1/2 OF N 1/2 OF 127 NW 6TH AVENUE 70.00 (ADM. COST) LOT 6, SUB. OF SEC. 17-46-43, DELRAY BEACH, FL 33444 (RECORDING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 11TH AVENUE) LOT 10, BLK 2, KENMONT SUB., WILLIAM CARTWRIGHT $397.00 PB 20, P 65, PUBLIC RECORDS, C/O COPELAND & KRAMER 70.00 (ADM. COST) PALM BEACH COUNTY, FL P.O. BOX 2421 (RECORDING) (710 BOND WAY) STUART, FL 34995 E131.3' OF SSO' OF N250' OF OTIS & MARION WILLIAMS $ 60.00 N 1/2 OF BLK 16, TOWN OF 318 SW 6TH AVENUE 70.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (318 SW 6TH AVENUE) LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS, INC. $ 22.00 P 85, PUBLIC RECORDS, PALM 2044 NW 52ND STREET 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING) (109 NW 16TH STREET) LOT 3 & N 1/3 OF LOT 4, BLK JOANNA B. & ROBERT L. $ 76.00 43, TOWN OF DELRAY, PB 1, P 3, BRADLEY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 2824 NW 9TH PLACE (RECORDING) COUNTY, FL FT. LAUDERDALE, FL 33311 (NW 3RD AVENUE) LOT 3, BLK C, RIDGEWOOD ORISTYNE E. WALKER $ 40.0'0 HEIGHTS, DELRAY, PB 14, P 44, C/O ORIS WALKER 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 707 NW 3RD STREET (RECORDING) COUNTY, FL BOYNTON BEACH, FL 33435 (SW 8TH AVENUE) LOTS 12 & 13, BLK B, RIDGEWOOD STRAGHN ENTERPRISES OF $ 46.00 HEIGHTS, DELRAY, PB 14, P 44, DELRAY BEACH 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 3817 SW DORSON WAY (RECORDING) COUNTY, FL DELRAY BEACH, FL 33445 (1013 SW 8TH AVENUE) . -4- Res. No. 81-91 '" , . LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G. & PATRICIA $ 65.00 PB 12, P 81, PUBLIC RECORDS, ALLEN 70.00 (ADM. COST) PALM BEACH COUNTY, FL 206 SW 2ND AVENUE (RECORDING) (206 SW 2ND AVENUE) DELRAY BEACH, FL 33444 LOT 15/LESS S20' RD R/W, BLK LISA WEBB $ 65.00 60 (OLD SCHOOL SQUARE HISTORIC 1561 S.CONGRESS AVE.#187 70.00 (ADM. COST) DISTRICT) TOWN OF DEL RAY , PB 1, DELRAY BEACH, FL 33445 (RECORDING) P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (WEST ATLANTIC AVENUE) LOT 13, BELLHAVEN UNIT A, MARY E. & LEON HOUSTON $ 50.00 PB 26, P 164, PUBLIC RECORDS, 329 SW 12TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAYBEACH, FL 33444 (RECORDING) (329 SW 12TH AVENUE) LOT 8, BELLHAVEN UNIT A, JO ANN AIKENS $ 65.00 PB 26, P 164, PUBLIC RECORDS, 1250 SW 25TH WAY 70.00 (ADM. COST) PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORDING) (328 SW 11TH AVENUE) THE PT OF ELY77.41' OF N1001 COMMUNITY LAND CORP ET AL $155.00 OF S125' OF W 1/4 OF LOT 5, BOX 50001 70.00 (ADM. COST) LYG ELY OF 1-95 R/W, SUB OF LIGHTHOUSE PT, FL 33074 (RECORDING) SEC 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 15TH AVENUE) LOT 10, BLK 25, TOWN OF DELRAY, DAVID HARGROVE $ 80.00 PB 5, P 2, PUBLIC RECORDS, 220 NW 4TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DEERFIELD BEACH, FL 33441 (RECORDING) (NW 5TH AVENUE & NW 3RD ST) LOT 1, BLK 9, REPLAT D~LRAY STEWART DAVIS $ 65.00 BEACH HEIGHTS EXT. SECTIONS A 1640 STONEHAVEN DRIVE #2 70.00 (ADM. COST) & B, PB 27, P 10, PUBLIC BOYNTON BEACH, FL 33436 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (SW 12TH AVENUE) LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. PATRICK $ 50.00 PB 24, P 113, PUBLIC RECORDS, P.O. BOX 97841 70.00 (ADM. COST) PALM BEACH COUNTY, FL RALEIGH, NC 27624 (RECORDING) (NW 6TH AVENUE) N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 40.00 OF DELRAY, PB 1, P 3, PUBLIC 510 E 28TH STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL PATTERSON, NJ 07514 (RECORDING) (NW 6TH AVENUE & NW 3RD ST) ";5- Res. No. 81-91 ,"" , . 550' OF N200' OF W120' OF BLK EDWIN C. . IVY $ 80.00 25, TOWN OF DELRAY, PB 5, P 2, 519 SW 15TH TERRACE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEL RAY BEACH, FL 33444 (RECORDING) COUNTY, FL (NW 5TH AVENUE) LOT 4, BLK C , WEST SIDE HATTIE L HARDWICK ESTATE $ 50.00 HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET (RECORDING) COUNTY, FL BROOKLYN, NY 11233 (NW 10TH AVENUE) LOT 32, JEFFERSON MANOR, PB 24, L. C. BRYANT ESTATE $ 24.00 P 150, PUBLIC RECORDS, PALM 3336 VILLANDRY AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING) (1331 PROSPECT STREET) LOTS 10 TO 16, INC., BLK 15, WILLIE WRIGHT $ 72.00 TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (215-217 SW 7TH AVENUE) LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $ 32.00 PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (1012 NE 3RD AVENUE) LOT 2/LESS N20' BLK 61 (OLD LUCIUS SIMMONS $ 64.00 SCHOOL SQUARE HISTORIC 1301 KANAB AVENUE NW 70.00 (ADM. COST) DISTRICT), TOWN OF DELRAY, PALM BAY, FL 32907 ( RECORD ING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (50 WEST ATLANTIC AVENUE) LOTS 23 & 24, BELLVIEW COURT, THOMAS E. ACHESON, JAMES $ 82.00 PB 11, P 45, PUBLIC RECORDS, P.COGSWELL & R.C.CREASE 70.00 (ADM. COST) PALM BEACH COUNTY, FL 114 SW 9TH STREET (RECORDING) (114 SW 9TH STREET) DEL RAY BEACH, FL 33444 LOTS 19 & 20, BLK 5, SUB. OF RAYMOND & DIANE $ 70.00 BLK. 5, DELRAY BEACH, PB 23, MANGICAPRA 70.00 (ADM. COST) P 72, PUBLIC RECORDS, PALM l301 W BOYNTON BEACH BLVD (RECORDING) BEACH COUNTY, FL BOYNTON BEACH FL 33426 (43 & 47 SW 8TH AVENUE) LOT 13, BELLHAVEN UNIT B, PB GREGORY J. HIBBS $ 60.00 27, P 27, PUBLIC RECORDS, PALM 600 SW 4TH AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL FT. LAUDERDALE, FL 33315 (RECORDING) (343 SW 11TH AVENUE) -6- Res. No. 81-91 ..., '"'1 . - E20' OF LOT 106 & W40' OF LOT SHARON A. CUNNINGHAM $ 52.00 107, DELRAY MANOR ADD TO A/K/A/ SHARON A CUSHINE 70.00 (ADM. COST) DELRAY, PB 12, P 59, PUBLIC 607 SW 9TH STREET (RECORDING) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (607 SW 9TH STREET) LOT 27, BLK 8, ATLANTIC MICHAEL SHULER $ 52.00 GARDENS, DELRAY, PB 14, P 63, 38 SW 10TH AVENUE 70.00 (ADM. . COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (38 SW 10TH AVENUE) N50' OF S100' OF E32.S' OF WILLIE F. QUINCE $208.00 W19S' OF S 1/2 OF N 1/2 OF 102 SW 9TH AVENUE 15.00 (ADM. COST) LOT 6, SUB OF SEC 17-46-43, pELRAY BEACH, FL 33444 (RECORDING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 11TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CON~TITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 81-91 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (-'.. SUBJECT: AGENDA ITEM # sr ~ - MEETIN~_OF OCTOBER 29, 1991 .. RESOLUTION NO. 82- 1 DATE: October 23, 1991 This is a resolution vacating and abandoning a portion of a 20 foot east/west alleyway lying within Block 4, Town of Delray in conjunction with the expansion of the Amoco Gas Station located on the northeast corner of Atlantic and N.W. 8th Avenues. This abandonment is required as a condition of approval of the conditional use and site plan modification for the proposed Amoco Car Wash. The western portion of the alleyway was abandoned in 1979. A sewer main and manho 1 e located in this area will be relocated. The abandonment request has been properly prepared and processed. There are no objections to the proposed abandonment. The Planning and Zoning Board at their October 21st meeting, recommended approval of the abandonment petition. Recommend approval of Resolution No. 82-91. .. '" . ----- --- RESOLUTION NO. 82-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 4, TOWN OF DELRAY, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner of a portion of east/west 20 foot alleyway lying within Block 4, Town of Delray; and, WHEREAS, E.J. Cihocki, Agent representing Amoco Oil Company, has made application for abandonment of a portion of the east/west 20 foot alleyway lying within Block 4, Town of De1ray; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in "the best interests of the City of Delray Beach to vacate and abandon said alleyway, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: The North 20.00 feet of the South 160.00 feet of the East 29.50 feet of the West 130.50 feet of the West One-half (W 1/2) of the South One-half (S 1/2) of Block 4, of City of Delray Beach (formerly Linton), according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of said Block 4; thence N 000 45' 24" W. along the West line of said Block 4, for a distance of 140.00 feet to a Point of In.tersection with the South right-of-way line of Closed, Vacated and Abandoned Alley by Resolution No. 8-79; thence S. 90000'00" E. along the right-of-way line of said Alley for a distance of 101.00 feet to -- the POINT OF BEGINNING of the parcel of land herein- after described; thence continue S. 90000'00" E. along the right-of-way line of said Alley for a distance of 29.50 feet to a Point; thence N. 00045'24" W. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to a point; thence S. 900 00'00" W. along the North right-of-way line of said Alley for a distance of 29.50 feet to a point; thence run S. 00045'24" E. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to the POINT OF BEGINNING. - The subject property is located on the northeast corner of West Atlantic Avenue and N.W. 8th Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. MAY 0 R ATTEST: . Citv Clerk .'. , , ).. Lu -.J I -.J ~ ZQ.øa' I NMf'H If/W ¿¡~ 0,. AU.Ff .., I ' PO/NT ðF 8ælAllJ/~ / _ 5!JO'-tlO~ oO'e 10/.00 -'. ,7'""-,-----,- I - ,I,. ¡ , I I ( 2O.øa' AU.EY ..",.. D£ED iJDCI( /II" I I~ ~ 590 5~.Fr OR O.~/j5 A c . ~ à PAGE /II. c:L;¡ÆP. VAGI 1m AaAICCNQ) ~ ~à ALLEY 2 iY R£SOLVTJOII HQ. ..,. ) (\I. · a ~ r lOa ." l"'\ I j '" I~O,3(T I '!~ .,. (j g", i ~~----j ~ vi I / t.- j I , - ~ ~~--~ ¡,.~ "I - ~ f _/ S.90·00·00·ë. 29.50' ~ PCWTOF" _ ¿ SOIITN If/W LINE Ill' AltEr CD ill ..... ~ 8 . It ~ c: ~ ~ . ~ ~ ~ I .,¡ Ii POHr OF" C'OMÐIŒJÐ#T ':! - _rH _ I.IC .. st)(JTIfftf:,r COfIrQ or .. 5I.0CII' .. ~j k \ I ~ st)(JrH LK OF" aooc . ....... · ~ · WEST ATLANTIC A ".NUE S.R. NO. 806 c-- ... W!I. ~ The North 20.00 f..t of t he South 160.00 f..t of the East Z9.~ f..t of the We.t 130.~ f..t of the West on.-half (1/21 of the South one-half (1/21 of BlOCk 4, of CITV OF DELRAV BEACH. (For~rly LINTONI. 4Ccordln9 to the Plat th.,...of, a. rKorded In Plat Book 1. at Pa9. 3. of the PublIc R.cord. of Pale B.ach CountV. Florlaa. b.ln9 eor. particularly d..cr'bed as foil...... . COMMENCE .t the SOUt~..t corn.,. of .ald Black 4, thence N.OO- 4~·:4·N. alon9 the N..t 11n. of .ald Black 4. for a dl.tanc. of 140.00 f..t to a Point of Int.r.ectlon wIth the South r19ht-of-wav 11n. of Clo.ed. Vacat.d and Abandoned AII.y by '- R..olutlon No. 8-7.. thence S..~QO·oo·E. alon9 the r19ht-of- w.v 11n. of .ald All.V for a dl.tanc. of 101.00 f..t to the POINT OF IlEO'NHINO of the parc.l of land here1n.ft.,. a..C"l bed I thence continue S..O·oo·oo·£. alon9 the r19ht-of- ..Y ltn. of ..1d Alley fQ" . dlstanc. of 2..'0 feet to a Polntl thence N.OOO 4'·24"N. alon9 a 11n. pa,.all.1 with the .....t 1 tn. of ..id Block 4, fo,. . distance of 20.00 f..t to . point, t_c. ..90'00·00·N. alon9 t.... North "i9ht-of-way I1n. of .ald Alley fo,. a di.tanc. of 2..~ f..t to a pOInt, thence r~~ 8.00"5'24'£. alon9 a lln. paral'.1 wIth the W..t lin. of .ald Iõlcck 4. fo,. . dl.tanc. of 20.00 f..t to the POINT OF IEfJ INN I NIl. All Qf the above Ivtn9 and bein9 eituated In Cny of D.l,.ay leach. ~al. '.ach CountV. Flo,.lda. - ;.< .'ìj' C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER FROM: E. DEARDEN, PLANNER II & ZONING DEPT. ~~ ID J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF AN ALLEY, IN ASSOCIATION WITH THE AMOCO SERVICE STATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a portion of the 20 foot alley which is centered within the properties of the Amoco Service Station, located at the Northeast corner of N.W. 8th Ave. and W. Atlantic Ave. BACKGROUND: This abandonment has been required as a condition of approval of the conditional use and site plan of the Amoco Car Wash. The western portion (balance) of the alley was abandoned in 1979. A sewer main and manhole located within this area are being relocated out of the area which is proposed for abandonment. The abandonment request has been properly prepared and processed. There are no objections to the proposed abandonment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this petition at their meeting of October 21, 1991. The board recommended approval. FINDING,S: Pursuant to L.D.R. section 2.4.6(0)(5) the following findings are stated in order to approve an alley right of way abandonment¡ (a) That there is not, nor will there be, a need for the use of the right of way for any public purpose (Policy A-6.3 of the Traffic Element). 'U'~ Page 2 - city Commission Documentation Abandonment of alley, Amoco Service Station (b) That the abandonment does not, nor will not, prevent access to a lot of record. (c) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. All three findings have been meet. RECOMMENDED ACTION: By motion, adoption of Resolution -91- Attachments: * Location sketch * Copy of cover of P&Z staff report * Resolution to be provided by City Clerk ked:#11amococc.txt , '" k~AI~I\!II\!l;í &. LUNII\!l;í tjUAHU CITY OF DELRA Y BEACH --- STAFF REPORT --- ~_~TING DATE: October 21, 1991 AGENDA ITEM: Abandonment, Portion of Alleyway Associated with the AMOCO Station' ITEM: IV.C. on West Atlantic at N.E. 8th Avenue. / 1M\ ~~k^~U!t\y<Jù->ð ~~~~ ';,}b-?r,.~QÅ. ~K tJ I ( JI , I ~ . .,¡ z · . LaJ LoJ >~ > 00( ~ -c: ~ '\ ~ aa " ~ IID · ~ ~ I I I · . Z z ATLANTIC AVENUE TIJJ I flìllTllTIll n[D~1 [C L.¿NERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Ci ty of De lr ay Beach, F lor ida Agent...........................E.J. Cihocki Location........................On the northeast corner of htlantic Avenue and N.W. 8th Avenue. Property Size................... 590 sq. ft. City Land Use Plan..............Redevelopment Area *1 Ci ty Zoning..................... GC (General Commercial) ... Existing Land Use............... Vacant Development Proposal............To allow construction of a buffer wall and improve drainage. Request.........................Abandonment of a 20'x 29.5' alleyway. IV.C. ~I'+ -' , ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER " SUBJECT: AGENDA ITEM # 4'l ¡J - MEETING_OF qç:TOBER 29, 1991 RESOLUTION NO. 83-91 .. DATE: October 23, 1991 This is a resolution authorizing staff to submit an application for grant funding in the amount of $10,000 to the Clean Florida Commission in support of our Litter Prevention Program. Funding will be used to continue our public education efforts. This is not a reibursement-type grant, matching funding must be identified up front. Funding is available in the Sanitation Account. Recommend approval of Resolution No. 83-91 and allocation of $10,000 of matching funds from the Sanitation Account. ." - ----- ------ RESOLUTION NO. 83-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE FROM THE CLEAN FLORIDA COMMISSION. WHEREAS, the City of Delray Beach is interested in carrying out the following described project for the enjoyment of the citizenry of Delray Beach and the State of Florida: Project Title Litter Prevention Program Total Estimated Cost $20,000 (Proposal to Clean Florida Commission for up to $10,000 of total cost) Brief Description of Project: The Clean Florida Commission provides funds to assist in the implementation and continuation of Litter Prevention Programs throughout the State. The City wishes to make application for funding up to the maximum amount of $10,000 so as to continue our Litter Prevention Program which is a natural add on to our current recycling efforts. In brief, the funds would be used for educational purposes. We propose that the solutions to the litter and waste problems can only come about if people are informed and involved in the process. This grant would serve such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the project described above be authorized. Section 2. That the City Commission of the City of Delray Beach make application to the Clean Florida Commission in the amount of 50% of the actual cost of the project on behalf of said City of Delray Beach. Section 3. That the City Commission of the City of Delray Beach certifies to the fOllowing: 1. That it will accept the terms and conditions set forth in the Clean Florida Commission Guidelines and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Clean Florida Commission. 3. That it has the abiity and intention to finance its share of the cost of the project of up to $10,000 (or matching amount of grant award) and that the project will be operated and maintained at the expense of said City of Delray Beach for public use. Matching funds will be dedicated from existing Sanitation Fund acount. ,. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developer pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped ·1 persons as well as other federal, state and local laws, rules and , requirements. i . ~"I - 5. That it will maintain adequate financial records on the proposed project to substantiate expenditures. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. MAY 0 R ATTEST: i City Clerk . .. 'I . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: APPLICATION FOR MATCHING GRANT TO THE CLEAN FLORIDA COMMISSION TO EXTEND OUR LITTER PREVENTION PROGRAM - - DATE: OCTOBER 22, 1991 ITEM BEFORE THE COMMISSION: - - Commission consideration is requested to approve the submission of an application for a matching grant in the amount of $10,000 to the Clean Florida Commission to extend our Litter Prevention Program. BACKGROUND: You will recall that last year we were awarded a $4,000 grant from the Clean Florida Commission for the implementation of a "Litter Prevention Program". Our request was for $25,000 which meant that our objectives were reduced in scope. In addition, during this same period, our Recycling Coordinator's position was vacant which also caused some program delays. Our Litter Prevention Program is now operational and as per the intent of the grant, brochures and other literature have been developed to meet the specific educational needs of the City of Delray Beach. As we anticiapted, the "Litter Prevention Program" is proving to be a natural add-on to our recycling efforts. Funding is again being made available to continue or expand these litter programs. The attached proposal narrative goes into detail as to how we envision utilizing these funds. In brief, the funds would be used to continue our efforts to increase public awareness of the programs and provide reasonable solutions to the litter and waste problems that we encounter on a daily basis. Positive change can and will only take place if peQple are informed and involved in the process. This grant would serve such a purpose. The City is required to provide documentation of the required match (binding resolution) with the application submission. The application is due by November 1, 1991. Award of the grants is tentatively set for December or January. This is NOT a reimbursement-type grant. The approved funding amount will be sent up front. If approved, this program will be coordinated by Stephen Hiney, our new Recycling Coordinator. - RECOMMENDATION: We are requesting that the Commission authorize staff to submit the grant application to the Clean Florida Commission pursuant to their requirements in the amount of $10,000 and that the Commission provide for matching funds in the amount of $10,000 by resolution from the existing sanitation fund account to accompany the application. DGR:LB Attachments Dl1 Grant.CC '4IH LITTER PREVENTION GRANT PROPOSAL NARRATIVE FORMAT A. BACKGROUND INFORMATION 1 . List and describe all current litter studies and plans conducted by the applicant or within the jurisdiction of the applicant. A comprehensive litter prevention, waste reduction, recycling program is under way. This program includes a public education effort to increase awareness and reduce litter. It also includes the message to reduce the waste generated by the residents and encourages the participation in the recycling program. Brochures, and other literature have been developed to meet the specific public education needs of the City of Delray Beach. These pieces will be distributed along with other environmental messages in November 1991. This effort was made possible by the FY 90-91 Litter Prevention Grant. 2. Describe all existing litter programs conducted by the applicant or within the jurisdiction of the applicant. The city-wide bulky trash collection system has been fully implemented. This service is provided to the targeted area on a weekly schedule, with the rest of the city able to access the system on a call-in basis. The curbside recycling program is now available to 100% of the single family homes in the city. This program has been recovering an average of 462,000 pounds of co-mingled recyclables every month. This corresponds to 30.34 pounds recovered per household, per month. The multi-family recycling program, as of October 1991, is now available to all multiple dwelling units within the city. This program, although relatively new, is recovering approximately 298,000 pounds of co-mingled recyclables each month. . A voluntary commercial recycling effort is now underway. This program is available to all interested commercial entities within the city. Program instructions include information relating to waste reduction and litter control. 3. Describe all public/private cooperation efforts at litter prevention and control. The city cooperates with various groups dedicated to litter prevention/control. A coalition from Florida Atlantic University (FAU) sponsors Operation "Clean Sweep" , a program addressing beach clean-up. The Scuba/Environmental Club from Atlantic High School also conducts a bi-monthly beach clean-up effort. The semi-annual "Trash-a-thon sponsored by the Center for Marine Conservation is another example of public/private cooperation. The City of Delray beach realizes the importance of these activities in increasing the awareness of the environmental problems we face. This is particularly true of efforts involving the young. Educating the future leaders of our community about environmental issues is a major goal, and will be the mechanism needed to resolve these problems in the future. 4. Describe current litter condition of the geographical area to be covered by the grant. This is a city-wide program, however, the "Community Development Target Area" will receive the greatest amount of coverage. This is an older part of the city with visibly blighted conditions caused by litter in vacant lots and other properties. Most residences in this section are lower/moderate households and the area has a higher percentage of litter related problems. B. PROPOSED PROGRAM 1. Narrative Description of the Proposed Program The success of the recycling program is due, in a large part, to the public education efforts undertaken. The inclusion of litter reduction/prevention information addresses the problem at the source. These two issues are inter-related, and the implementation of a comprehensive public education campaign, extolling environmental awareness, will help ... provide a solution before it becomes the problem of - LITTER! 2 . Goals and Objectives of the Proposed Program a. Business Involvement Local businesses are being encouraged to join in the city-wide waste awareness program. They are WI being encouraged to not only raise their own consciousness, but also reduce the the use of products that generally create litter, i.e. styrofoam cups, plastic flatware, excessive packaging, etcetera. Voluntary commercial recycling is now available to all businesses in Delray Beach. The Recycling Coordinator is organizing commercial workshops to encourage businesses to establish recycling programs. Included in these programs is information to assist businesses in preventing litter and reducing their waste stream. b. Residential Program The city has implemented an expanded bulky waste collection program. The residences in the target area have also been provided with a 96 gallon roll-out garbage container to control litter accumulation. Initial results are promising, however, a more extensive public education program is needed to fully realize the benefits of these efforts. c. Public Education/Information Program The Recycling Coordinator has incorporated litter prevention into all community environmental education programs. This staff member frequently addresses civic and community groups, school children, and business organizations. Participation in community affairs and environmental education events are important outlets to increasing environmental awareness. d. School Programs All school presentations include litter prevention as part of the environmental awareness program. The "Adopt-a-Block idea has been proposed to the middle and high school, where the students would organize a clean-up of a particular neighborhood. This idea has been generally accepted and is being fine tuned - at this time. These students can also assist in the public education effort by distributing literature and speaking to the residents. This program is also being offered to Youth Civic Groups, Scout Troops, etcetera. · 3. Tasks to be Accomplished Including Timetable TASK TIME TABLE Refine Ad Campaign 01/01/92 - 02/12/92 Community Meetings Ongoing School Education Ongoing Direct Mail Campaign 02/14/92 & 09/02/92 Outdoor Promotional Campaign Ongoing Recruiting Volunteers Ongoing Home Visits by Recycling Coordinator Ongoing 4 . The Measurable Objectives of the Program - Educating the residents of the hazards of litter and benefits of a clean city environment. - Involve neighborhood associations and the residents in the effort. - Work in cooperation with Keep West Palm Beach Beautiful to expand the local Keep America Beautiful system to a county-wide effort. - Heighten public awareness of the Citywide litter prevention program. - Keep our City streets, parks, and beaches litter free for the enjoyment of our residents and visitors. - Continuing refinement of the litter prevention/control education program for Delray Beach schools. - Develop a comprehensive litter prevention/recycling program for our parks and marina. .. - Organize neighborhood "Community Clean-up" days, where residents and volunteers work together to remove litter and debris from the neighborhood. S. The Methods Proposed to Evaluate the Success of the Program a. Continue the development of the "block captain" or "neighborhood watch" system. Recycling Coordinator I'_t_ - will work with community leaders to identify litter problems and take corrective action. The Recycling Coordinator will periodically visit each neighborhood, meeting with the residents to determine the source of litter and arrive at a method for eliminating it. Code Enforcement staff will also play a role by reporting to the Recycling Coordinator any persistent violators. b. Continue development and implementation of the litter control progress grading system, whereby each area is evaluated. This grading system will use graphs charting the improvement in each specific location. The results will be distributed to the general city population to reinforce the litter prevention/control public information campaign. C. PROGRAM BUDGET Prepare a program budget which includes the following elements: 1. Total program costs by category (e.g., personnel, contract services, equipment rental, etc. ) Cateaorv Amount Professional Services (Speakers, $ 4,400 contracted personnel, etc. ) Public Information (pamphlets, flyers $ 7,000 printing, media) Postage $ 6,000 Film Supplies/Processing $ 1,200 Operating Supplies $ 800 Travel and Training $ 600 TOTAL $20,000 2. Allocation of program cost by funding source (e.g. , .. local share, state share, other) Cateaory Local Share State Share Total Professional Services $ 2,200 $ 2,200 $ 4,400 Public Information $ 3,500 $ 3,500 $ 7,000 '" . Catecrorv Local Share State Share Total Postage $ 3,000 $ 3,000 $ 6,000 Film Supplies $ 600 $ 600 $ 1,200 Operating Supplies $ 400 $ 400 $ 800 Travel and Training $ 300 $ 300 $ 600 TOTAL $10,000 $10,000 $20,000 3. It should be clearly understood that funding under this grant requires a dollar-for-dollar match. Commitment from matching source must be documented prior to receiving grant funding. Resolution by City Commission will be attached. 4 . Describe how the program will proceed if total funding from the Clean Florida Commission is not received. (What if the Clean Florida Commission only funds a portion of the proposed program?) The City of Delray Beach has taken the lead in South Florida by implementing comprehensive waste reduction, recycling, and environmental programs for city residents. We are the first city to establish multi-family recycling in 100% of our multiple dwelling units. We are committed to dealing effectively with the problems associated with being an extremely attractive place to visit and live. The major thrust of this proposal is the public education program that should be implemented to control the litter problem. We can only make inroads into solving waste and litter problems by ensuring that people are well informed and involved in the process. The funding requested is a conservative amount when compared to the existing problem. A reduction in funds will mean, as in the previous grant year, a reduction in the scope and impact of our community-based educational efforts. This would impede Delray Beach's ability to incorporate the litter prevention theme into ongoing public information .. campaigns. ""-1 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERL~1 SUBJECT: AGENDA ITEM *" 80 - MEETING OF OCTOBER 29, 1991 AWARD OF BIDS AND CONTRACTS DATE: October 25, 1991 This item is before you to approve the award of the following bids and contracts: l. S. Federal Highway Beautification/Median Curbing Improvements - Florida Blacktop, Inc. , in the amount of $69,124 with funding from 1987 Utility Tax Beautification S. Federal Highway/C-15 to Linton (Account No. 333-4141-572-61.26), 2. Hamlet Drive Manhole Replacement - Environmental Services - D.S. Eakins in the amount of $18,750 with funding from Water and Sewer Repair and Replacement/ Manhole Rehabilitation (Account No. 442-5178-536- 61.84). 3 . Annual Lot Clearing and Mowing - Code Enforcement - various vendors in the estimated annual amount of $45,000 with funding recovered from property owners through Accounts Receivable, on a case by case basis. 4. Rental Rehabilitation Program - 148 - 150 S.W. 14th Avenue - Intercontinental Construction Corp. in the amount of $14,468 with funding from Community Development Housing Rehab (Account No. 118-1975-554-60.23). 5. Two (2) Toro Riding Mowers - Parks and Recreation - Hector Turf (GSA Contract) in the amount of $25,231.56 with funding from Parks Maintenance and Cemetery (Account Nos. 001-4131-572-60.69 and 001-4511-572-60.69). 6. Microfilming Equipment (Lease/Purchase) - City Clerk's Office - Eastman Kodak in the estimated annual amount of $10,179. Total purchase cost $50,896.80. Funding is available in City Clerk's Capital Outlay/Office (Account No. 001-1411-512-60.86). Recommend approval of the award of the above bids and contracts with funding as specified. .". ~ ..' '" I . Agenda I tern No. : AGENDA REQUEST Date: 10/16/91 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: October 29. 1991 Description of agenda item (who, what, where, how much) : Bid Award - South Federal Highway Median Curbing - Bid #91-45 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder Florida Blacktop. Inc.. at a total cost of $69.124. í/ ¡j{P:> /' f(!J :0 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Di~;?r Rev~ew (required on all ite.s involving expenditure of funds): Z. ,~tk c;tt., Fund ng available: YESj NO Funding alternatives: 333-L{1L-t -51 Account No. & DescriPtioa: ?7 Account Balance: "')u -<::1, / (~J 0 (,., Ç-, City Manager Review: Approved for agenda: (f9/ NO 1M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,,, . , . MEMORANDUM TO: David T. Harden, City Manager THROUGH:~bert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer !Í /I' DATE: October 23, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 29, 1991 - BID AWARD - BID #91-45 SOUTH FEDERAL HIGHWAY MEDIAN CURBING Item Before City Commission: The City Commission is requested to low bidder, Florida Blacktop, Inc., at a total Per the Budget Office, funding is from: 3'- I ( t I. 0(0 ) . Background: Funds were allocated in the FY 91-92 budget for beautification work on South Federal Highway. A total of $ I 'E?h.. Ofof.o was budgeted for this project. Scope of Service - Construction of type "F" curbed median in South Federal Highway between the C-15 Canal and Avenue "E". Bids for this project were received on September 2 7 , 1991 from four (4) contractors, all in accordance with City purchasing procedures. (Bid #91-45. Documentation on file in the Purchasing Office.) A tabulation of bids prepared by Engineering is attached for your review. The Deputy Director of Environmental Services/Projects has reviewed the bids, and recommends award to the low bidder, Florida Blacktop, Inc., with a $4000. reduction of the contingency allowance for video recordings. Florida Blacktop agrees with this reduction per their attached letter. Recommendation: Staff recommends award to the low bidder, Florida Blacktop, Tnc. , at a total cost of $69,124. Funding as outlined above. Attachments: Tabulation of Bids Memo from Environmental Services pc William Greenwood George Abou-Jaoude 0/ .'. . . MEMORANDUM TO: Ted Glas Purchasing Officer FROM: George Abou-Jaoude Dep. Dir. of Environmental Services/ Projects SUBJECT: BEAUTIFICATION SOUTH FEDERAL HIGHWAY PROJECT NO. 91-37 BID NO. 91-45 DATE: October 9, 1991 Environmental services has reviewed the construction bids for the above referenced project. Attached is a bid tabulation for your information. We recommend approval of award to the lowest responsive responsible bidder, Florida Blacktop, Inc. in the amount of ~69,124.00. Funding Source Account #333-4141-572-61.26. Please review and place on next agenda if approved. GAJ/gm cc: Memos to Purchasing File: Project 91-37 (D) File: P:91-37.doc "., . - . . FL.DIIIIDA ElLACKTOJ:t I INC. , · I J I , 1 280 S. Power-line Road Suite 20 ! Pompano Beach. Florida 33069 (305) 978·5757 · i i I I C[TY OF DELRAY BEACH OCTOBER 22, 19~1 I PURCHASING DEPARTMENT AIrT: TED GLASS fþO NW 1ST AVENUE FAX NO: 407-243-3774 ~~LRAY BEACH, FL 33444 ! · I TkIS LETTER IS TO CONFIRM THAT WE WILL DECREASE THE CONTRACT I FkoM $5000.00 to $1000.00 REGARDING THE SOUTH FEDERAL HIGHWAY , , I ÇbRBING PROJECT.lVI.1)2.D A'-LO~AtJc,Ø-) I .- .. OMAS R. BLEWETT ESTIMATING TECHNICIAN ! , ! , I , "" III .. - '. o-J .-} V\ ~ W N ,.. f'H" o 0,' rt-....· , tit r" t:D rt ... re ø. . y.~ ~.~ Or>: at:.' ... 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Agenda Item No.: AGENDA REQUEST Date: October 10. 1991 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: October ~. 1991 Description of agenda item (who, what, where, how much): R~quest City r.nmm;~~ion approval for D.S. Eakins to replace manhole #56A-4 and 50 feet of 8 inch VCP pipe on Hamlet Drive. Cost 1/18.750.00. Funding Source AcctlJ 442-5178-536-61.84 w~ ~r~ pi~~ybacking Palm Beach County Bid 1J91-073/PR. Agreement Term 3/11/91 th,..n11gn 1/10/92. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of manhole replacement to D.S. Eakin~ Con~truction Corp. for $18.750.00 ;.,. Department Head Signature, ~~~ Determination of Consistency with Comprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~/ NO Funding alternatives: (if applicable) Account No. & Description: 142.-bI7g-b~.(o/-g~ }/It\1VttiiE gEl-tk8 Account Balance: t::;S"O Qço City Manager Review: ttv1 Approved for agenda: ~ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '" . - - MEMORANDUM TO: David T. Harden city Manager FROM: Joseph W. Lontos Acting Supt. of Water/Sewer Network SUBJECT: MANHOLE REPLACEMENT DATE: October 11, 1991 Manhole #56A-4, which is located in the median of Hamlet Drive, between Foxpointe Circle and Lakewoode Circle, has sunk approximately two inches, breaking the clay pipe on both sides of the manhole. This situation allows serious groundwater infiltration of the sanitary sewer system and would be the cause of blockages in the system. The cause of the manhole sinking is not known at present but would most likely be poor support for the manhole at the time of construction. It is requested that funding be approved for replacement of the manhole and 50 feet of damaged pipe. The cost of this repair is not expected to exceed $18,750.00 (see attached. Funds for this project are available in account #442-5178-536-61.84. JWL/gm cc: William H. Greenwood, Dir. of Environmental Services Mark A. Gabriel, P.E., Asst Dir. of Environmental Services/ City Engineer George Abou-Jaoude, Dep. Dir. of Environmental Services/ Projects Howard Wight, Construction Manager File: Memos to city Manager File: P:jlmanrep.doc 0:<" '"" e'" . . . . .. o.s.EAIONS CONSTRUCTION CORPORATION POST OFFICE BOX 9818 RIVIERA BEACH, FLORIDA 33419 (407) 842-001 0 OCTOBER 8, 1991 MR. JOE LONTOS ASST. SUPERINTENDENT DEPT. OF ENVIRONMENTAL SERVICES 434 SOUTH SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 RE: MANHOLE #4 - HAMLET MANHOLE REPLACEMENT OR PIPELINE REPAIR COST ESTIMATE BREAKDOWN MATERIALS: PRECAST MANHOLE 14.3' 800.00 FRAME AND COVER BY CITY BRICK, SAND, CEMENT 200.00 ANTI-HYDRO 75.00 FERNCO BY CITY PIPE 8" - C900 50' 400.00 PIPE - DROP MANHOLE BEDDING STONE 100.00 BASE ROCK 400.00 ASPHALT 450.00 SOD 150.00 LABOR: CREW TIME 60 HR. x 140.00 8,400.00 DEWATERING 100 HR. x 50.00 5,000.00 BY-PASS PUMPING 24 HR. x 50.00 1,200.00 TRUCK TIME: DUMP, BOOM, FLAT BED 35 HR. x 45.00 1,575.00 ESTIMATED TOTAL... $18,750.00 NOTE: l. This price does not include any testing. 2. The manhole is less than 15' in depth. ",., '" ø Agenda Item No. : AGENDA REQUEST Date: October 21. 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda item (who, what, where, how much): Bid Award - Lot Clearing & Mowing - Annual Contract Bid #91-89 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Multiple awards per recommendation memo at an estimated annual cost of $45,000. Il }If/ f~ì . -- Department Head S~gnature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Direc~r R~~ew (required on all items involving expenditure of funds), It, :A,.. Fundi g available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: rJ J p,. Account Balance: -- L þ"¡ c~ """'7 -+ ¡?IIo l() :#oJ 1 ê.xff/tls <.. City Manager Review: . 'f;. t"tJ... ~ £J f~oN'\ jkCJ~¡e,./J Approved for agenda: YÈ$/ NO/'IL/ D~·".t,.~ +~¡¿IÃ. Acc./~ re.c,:v,.,Á/e. J / I Hold Until: . , ~ ().; tMÞ ~ tlu£- ~ . Agenda Coordinator Review: Received: Action: Approved/Disapproved ,II-I . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~Administrative Services FROM: Ted Glas, Purchasing Officer -IÍ/r DATE: October 21, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 29, 1991 - BID AWARD - BID #91-89 LOT CLEARING & MOWING - ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to make multiple awards to contractors listed below, at an estimated annual contract cost of $45,000. Per the Budget Office, funding is from: ( ) . Background: The Code Enforcement Division has need of an annual contract for lot clearing and mowing, with funding from their operating expense budget. Bids for this contract were received on October 10, 1991 from five (5) contractors, all in accordance with City purchasing procedures. (Bid #91-89. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Code Enforcement Administrator has reviewed the bids, and recommends multiple awards to all contractors, as follows: Primary Contractor - R.C.'s Lot Clearing Secondary Contractors - Cole's Lawn Service Macs Excavating, Inc. Walcott & Sons Coastal Construction Service Recommendation: Staff recommends multiple awards as listed above, with work being assigned based on the lowest cost to the City, at an estimated annual cost of $45,000. Funding as stated above. Attachments: Tabulation of Bids Recommendation from Code Enforcement pc Lula Butler Richard Bauer 03 -<1"4 . --.- (") I-' (") I-' (") ". (¡o¡ I\) I-' (") 0 0 . :I> :I> . . :I> (") 3: - -f -f -f -f 3: ITItI:I ITI ITItI:I ITI "'"' ITI I"" ITICI"" ITICI"" ITII"" ITI 0 ITI (/)H j) (/)H j) ... (/)0 (/)"00 (/)"00 (/)0 j) tI:I Z -f0 0 -f0 0 t' -f -f -f -f -f -f -f-f 0 ITI -f ;0 . ;0 ... . (/) · -f(/) . -f(/) . (/) ;0 ;0 (/) "0 -< "0 -< 0 0 -< ..... 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Òo 'N a ~ ,... - n ,- - N_ - OÞ tnN ON rt "'N 00 N i-. 00 Otn 00 .... 0 00 00 tn 00 00 00 :;j 00 00 o .0 00 00 ....... ...... t/) ....... ...... ...... < n ~I'~ · .. M E M 0 RAN DUM TO: Jackie Rooney, Bid Specialist f1 ' FROM: Richard Bauer, Code Enforcement Administrator ,/ SUBJECT: BID 91-89 DATE: October 15, 1991 Based on your tabulation of the above bid, it appears to me that R.C.'s Lot Clearing is the low bidder except for Category III. Our intention and recommendation is to utilize R. C's lot clearing as the primary vendor and other vendors as secondary vendors when the work condition warrants such assignment. Secondary vendor assignments will be made based on bid prices. rb/mh cc: Lula Butler 11"\ ,,, . Agenda Item No. : AGENDA REQUEST OCTOBER~ 1991 Date: Lð Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: XXX CONSENT AGENDA Description of item (who, what, where, how much): CASEI ADDRESS RR AMT. INVESTOR' S SHARE 91-005RR 148-150 S.W. 14TH AVE $14.468.00 $17.500.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). YES@ ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT #'S 118-1975-554-60.23 (RRP SHARE) AND 118-1975-554-34.81 (INVESTOR'S SHARE) (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ .: .. ~ Department Head Signature, .. ~ ~ - City Attorney Review/ Recommendation (if a plicable): Budget Dir~tor. Re~iew (required on all items involving expenditure of funds): ¡'.'~ Funding available: YES/ NO I Funding alternatives: (if applicable) Account No. & Desc~Ption: (If - If"IS. 55'~ . ,n- ~:3 Account Balance: f:5. 71¡;' . D ' J ., (!,Dft'\IYHUJ.'ï )tiJ . CJ.ty Manager RevJ.ew: . N . ~~ Ðc..U;,',v , Approved for agenda: . Y~/ NO ,iV,rJ1 , Hold Until: ' (. / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ,It, . MEMORANDUM TO: David T. Harden, City Manager THROUG~ Robert A. Barcinski, Assistant City Manager/ / Administrative Services FROM: { Ted Glas, Purchasing Officer :!7~ DATE: October 21, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 29, 1991 - BID AWARD - BID #91-91 RENTAL REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award contract to low bidder, Intercontinental Construction Corporation, for rental rehabilitation project as listed below, at a cost of $31,435. Per the Budget Office, funding for the City's participation is from: ( ) . Background: The Community Development Division handles and processes their own formal bids on rental rehabilitation projects. Purchasing's review of Bid #91-91 finds it to be in compliance with City purchasing procedures. Property Contractor Amount 148-150 SW 14th Avenue Intercontinental Const. Corp. $31,435. (City's Share - $14,468.) Recommendation: Staff recommends award to the low bidder, Intercontinental Construction Corporation, at a contract amount of $31,435. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler 0,/ ~I'~ · M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, CD COORDINATOR j) t ~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: OCTOBER 14, 1991 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD In accordance with the City of Delray Beach Community Development Division's approved Statement of policies and Procedures, we are hereby requesting City Commission approval of One Rental Rehabilitation Deferred Loan Program for two ( 2 ) rental units. The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City's Community Improvement Department and the Community Development Division. Contracts will be executed between the building contractor and the property owner. The Ci ty remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specification and program guidelines. Pay requests will require both contractor's and owner's signatures. Funds will be disbursed on a dollar for dollar basis matching the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RR14/PG1 . . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION RENTAL REHABILITATION , BID INFORMATION SHEET BID #: 91- 91 APPLICANT: SAMUEL BALAM APPLICATION #: 91-005RR PROJECT ADDRESS: 148-150 SOUTHWEST 14TH AVENUE DATE OF BID LETTERS: SEPTEMBER 18. 1991 DATE OF BID OPENING: OCTOBER 3. 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ FIRST CONSTRUCTION OF P.B. $47.530.00 G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ 31.435.00 M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $33.270.00 MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $45.242.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 31,365.00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP. BID/CONTRACT AMOUNT: $ 31,435.00 COMMENTS: LOW BIDDER BIDFORM/PG4 ,"' '. . Agenda I tern No. : AGENDA REQUEST Date: October 16, 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda i tern (who, what, where, how much): Purchase Award - Two (2) 72" Toro Riding Mowers for the Parks & Recreation Department ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda tion: ~,.T<>,...n Tn HpC'tor Turf at a total cost of $25,231. 56 via GSA contract #GS-07F-17977. - / ( !jtÞ/ ~Jt/ /; ,~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director .Rêview (required on all items involving expenditure of funds): ("'/(,~~ Fun~ng available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: I~LKf1 dJA.',J-f )):'¡,j,'ðAl -¡- t~n1L-¡'~/ltf .o:""S.'q,J Account Balance: /l 1,)./'7 D D - - - ðð/~ I.-Ii ~/, ~ -7,}, ¿ ().t.-~ City Manager Review: II> .')1 '100 - - - ()ð/- i-fStI· 5'1¡¡2. (,1."J.t.-1 ~ ,;{ 5, ~ 0 0 ~~ --'M '1 (,..-v ! Approved for agenda: / ES'/ NO {~ I Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '" MEMORANDUM TO: David T. Harden, City Manager THROUG~obert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: 1i Ted Glas, Purchasing Officer ~~ DATE: October 16, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 29, 1991 - PURCHASE AWARD TWO (2) 72" RIDING MOWERS FOR PARKS DEPARTMENT Item Before City Commission: The City Commission is requested to award the purchase of two (2) 72" Toro front-end rotary riding mowers to Hector Turf, at a total cost of $25,231.56. Per the ~udget Office, funding is from:id."7/JO· iJOI-I//31-S1;J·¿ð.l? (/;},'700.. ðO¡'~5ll''iJ1¡;'·/d).bt¡ ). Background: Funds were allocated in the FY 91-92 budget to purchase two (2) riding mowers for the Parks & Recreation Department. A total of $ð ~"I¡)(). ¡)() is budgeted for this purchase. Riding mowers are available via GSA Contract #GS-07F-17977 at a unit price of $12,615.78, per attached GSA price list. The Director of Parks & Recreation has reviewed the contract, and recommends award to Hector Turf for two (2) 72" Toro Groundsmaster Model 322D riding mowers. Recommendation: Staff recommends award of two (2) 72" riding mowers to Hector Turf at a total cost of $25,231.56. Funding as outlined above. Attachments: Documentation on GSA Contract Letter from Hector Turf pc Joe Weldon 805 " . . MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 72" Diesel Mowers DATE: October 3, 1991 Attached is a letter form Hector Turf indicating they will honor the GSA contract and sell us two (2 ) Toro Diesel Mowers at the same price as last year ($12,615.78 each). Please add to the consent agenda for commission consideration the purchase of two ( 2 ) 72" Toro Diesel Mowers (Groundsmaster 322D) with suspension seats and seat adapters for a total of $25,231.56. One is to be charged to Park Maintenance account #001-4131-572-60.89 and the other to Cemetery account #001-4511-539-60.69. Parks and Recreation JW: h REF:MOWERS.DOC cc: Ray Eubank, Parks Superintendent ~ j~ . . . 1--1U, '¿--1~~ ~;...c.....¡ r·. Ul 1. .J.. . :_"'::' r- r-:~II iï:'::"'_ I ,_,\~ idt'¡-- I '_I - - '_'... .... ~ J. '. ~.' . 1301 NW. THIRD STREET { OEERFlEI..D BEACH, R. 33442 (305) 429.~OO October 1, 1991 VIA FAX: 407-243-3774 City of Delray Beach Parks & Recreation 100 NW 1st Ave. Delr$Y Beach,' FL 33445 At tn: J$U Slazyk Dear Jan; Hector Turf is the Distributor of Toro Turf Equipment, and will honor the GSA Contract #GS-07F-17977 to the City of Delra, Parks & Recreation Dept. Sincerely, WJ'M . /. Ralph. J. £;{er Vice. President TurÍ PrQducts RJB/pla ... ~ ; .- I I I '"'4 ,", . Agenda I tern No. : AGENDA REQUEST Da te: October 22. 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda item (who, what, where, how much): Purchase Award - Microfilmin& equipment for Clerk's Office ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Five (5) year lease-purchase contract with Eastman Kodak at a total price of $50.896.80, via GSA Contract #GS-00F-4431A. / H~~/ #)1) Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO (if applicable) Funding alternatives. Account No. & Descrip.tion: a¿1~2.{-{)-~~ OFFiCe Account Balance: ~ City Manager Review: , _.-~.......\ I Approved for agenda: YES/ NO tr Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved 11-' . MEMORANDUM TO: David T. Harden, City Manager THROUGH~ert A. Barcinski. Assistant City Manager! Administrative Services FROM: Ted Glas, Purchasing Officer :;/f DATE: October 22, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 29, 1991 - PURCHASE AWARD MICROFILMING EQUIPMENT FOR CLERK'S OFFICE Item Before City Commission: The City Commission is requested to award the purchase of microfilming equipment to Eastman Kodak Company, at a total lease-purchase cost of $50,896.80. Per the Budget Office, funding is from: ( ) . Background: Funds are allocated in the FY 91-92 budget for the first year's lease-purchase payments for microfilming equipment for the Clerk's Off ice. A total of $ is budgeted this year towards a 5-year lease-purchase contract totaling $50,896.80. Microfilming equipment is available via GSA Contract #GS-00F-4431A. The City Clerk in conjunction with the MIS Division has reviewed microfilming equipment on the market, and recommends the purchase of Eastman Kodak equipment as listed on attached sales order form. In addition to GSA pricing, Eastman Kodak is offering additional discounts, for a total cash price of $41,339. Eastman Kodak terms are 60 months at $848.28, for a total five-year cost to the City of $50,896.80, per copy of lease-purchase agreement attached. (8.5% simple interest) Recommendation: Staff recommends award of microfilming equipment to Eastman Kodak Company, at a total five-year lease-purchase price of $50,896.80. Funding as outlined above. Attachments: Documentation on GSA Contract Copy of Lease-Purchase Agreement Letter from Eastman Kodak Recommendation from City Clerk pc Alison MacGregor Harty 06 ""., MEMORANDUM TO: Ted Glas, Purchasing Officer FROM: Alison MacGregor Harty, City Clerk ~ SUBJECT: MICROFILMING EQUIPMENT (CAPTURE AND RETRIEVAL) - CITY CLERK'S OFFICE DATE: October 24, 1991 ================================================================================ The City Clerk's office is in the process of implementing a records management program. An essential component of the program will be a microfilm operation. To this end the Clerk's office has been reviewing equipment available on the market which would meet the requirements necessary for the department to begin filming and maintaining all city records efficiently and economically. As part of the ongoing automation of the City Clerk's office, $10,200 was appropriated for microfilm equipment for this year. Having reviewed the available technology, I am now ready to recommend that we proceed with the acquisition of the following equipment: Kodak Imagelink 70 Microimager (Capture) Kodak Imagelink Digital Workstation (Retrieval) Please note that this equipment is available under GSA contract, however during the "BOOM" Incentive Program, discounts are being offered with costs coming in under GSA costs and with an extended warranty of 12 months vs 3 months. We have looked at comparable equipment and have contacted other vendors in the field as follows: 3M/Lanier priced out at a higher costs for comparable equipment; Minolta does not have comparable equipment available; IBM Laserdisc Imaging was found to be very impressive, but far too sophisticated and expensive. We have also checked other municipalities as references with respect to the proposed equipment, and they would all recommend the Kodak equipment. I recommend approval of a five year lease/purchase agreement with Eastman Kodak Company for a yearly cost of $10,179.36 (60 months at $848.28) with funding to come from City Clerk's Capital Outlay/Office - Account 001-1411-512-60.86 for the first year's lease/purchase payments. Kindly review this proposal for sufficiency and, upon approval, forward same to the City Manager for his consideration. ".., The following municipalities were contacted as references pertaining to Kodak equipment which they purchased recently. RECOMMENDATION SHEET RE: Kodak Microfilming Equipment and Digital Workstation Pinellas County Purchasing GSA purchase of Kodak microfilming equipment and digital workstation. Very satisfied with equipment and they recommend. City of Sarasota Bid Kodak digital workstation and purchased. Very satisfied with equipment and they rec~end highly. Pompano Beach Purchased Kodak microfilming equipment and digital workstation. Very satisfied with equipment and they recommend. ~~ -.-- ~- . i . . :~H_I 11 ':-1 ..i.U: -'~' ---- Authorized Kodak Federal Supply Schedule Price Catalog e CONTRACT GS-OOF-4431A Includes Modification 1 . 'I ~ t . 4.'1 '~ ~ i 1 ~e't: \!.~ Ii ';'~1 . General Services Administration Federal Supply Service FSC Group 67, Part I'v, Section B, Microphotographic Equipment From November 21, 1990 through September 30, 1993 Eastman Kodak Company, Rochester, NY 14650-1115 Business Size: 0 ~ '-~ " ,,)# . , ;. ..._~. .'.. _-'t. .~"p~,:"....~ , Ea ...... '. "'. .,"',,,..._1(...w."....,.:.....,...""'""':~.\,;>I<~~~~. '. _ ..... .".,._ ..,..~., ..... ..'.' ~ . ..~t",.",.,¡¡¡i~....I.···' ,~~"Iô;I?'I:,'1:1:1~-'MI'P....,:}. . " .J - It ,.. ~ --.....u,k~:~:\· '- i~ ' L 11111,(0."'_".' -~ P.2 OCT 11 '91 10:56 TABLE OF CONTENTS GeMr811fttcmn1Uon ..... ~'" 1q¡¡llM'IMnt PIe- e Gen.ral T.rme and Condition. ,.,.""...",...., 2-3 KOOAIC: Pf'OSTAA I Proouaor ,..........."......., 29 KOOAI( 8C1ftwar. Ucenae Agretm.nt . . , . . , , . . . . , . . . . 4-6 KOCAK P~T-'I\ II Procelsor . . . . . . . . . . . , . . . . . . . . . ~ A.ntal of MicrophotOgraphic Equipment ......,...,.. e KoCot.t( Mlcroftlm Mini Procellor . , , , . . . . . . . . . , . . . . . 30 PUrcl'lue or Filma. Suppll.., and $undrlta ...... . , . . . 7 Blanket Pure"... Agr..ment fot Pure"..e Of equipment ...nta.....new.¡ Only ,.................. 31 MiCroptlotogrlPhlc Equipment a SUppUØI .,......,. 7 \ Equipment ServICe AeI....m.nta . . . , . . , , , . . . , , . . . . . M KOdak MicrophotographtCII SaJ.. Offlcee ..,....,.... 48 MllCeClaneo"e Equipment U.S. Kodak Primary and OrJalnatJng Equipment KO!)AI( PRilSTAPi SpliCer ........,............... ~ , hrvlce CII;.. , . . . . , . . . . . . . . . . , . . . , . . . . . . . . , 4Q 'uppn.. lnforrMt on IV*tN lqulprMnt 'lIma \met--pture MtorotIlrnen Print and Duplicating Films ......... . . . . . , . . , . . - . 3.2 KCOAI( Ihlt.GI\.lMK T¥ Mlcrolmager 70 . , . . . . . . . . . . , . . . . 10 Computer Out )ul MicrOfilms (COM) ................ 32 KooÞd< h""uL!1IK Mlcrolmager 30 ......,..,.,.,.... 11 Koo-,I( Microphotographic Camera Films . . . . . . . . . . . . . 33 KODAK A!LIAt(\' InteUlgent Mlcl'Ofllmtr 2000 . . . . . . . . . . . , 12 ,.".,. KOQAt<RiLIANT825 M¡orofllmer .,......"........,. 13 KODAK Dt8ktop n Mlcrofilmer , . . . . , . , , , , , . . . . . . . . . 1. Thermal PI'OCeIII R.ader-Prlntlr Papers , . . . . . . . . . . . . 37 KOOAI( Mini Mlcrafllmlr .... . , . , , , , , . . . . . . . . . . . . , 11.1 Ch.,-ntcal. AECOIIDAK STfNll.i 1W-3 M\crotllmer ..............,. 16 Microphotographic Chlmlcala .. . . . . . , . . . . ...... . 34 AutOIMtIo Data ~laIØon DI'I1OI8 MIoroIIIm M..ulne. Ace... Terminal Bar Code Wand . , , . . . , . . . . . . . . . . . 26 KoDAK A!l..IAN'T Bt.r Code Scanner MOd B . . , . . . . . . . . . . 12 KODAI( EI<'rAMATE Magulne . . . , . . . . . . . . . , . . . . . . . . , 35 KOCMI< EI<TAMAT! A MaelUine ............,.,....., 36 "'trI8VI' EClU'PfMnt MI~II.MOUI KODAk IMAQ!l..INI< Digital Workatallon ..,.......,..... 17 Sundrlea .. . . . . . . . . . , . , . . . . . . . . . , . . . . . . , . , . . 36-3G KODM IMT..35() Microlmaga Termlnel .,."...,...... 18 Return Reel. a Carte", ....................,... 37 1(t)1)A1( IMT·2OQ Mlcro¡mag. Tarminal .,.........,.., 19 Kocwc 8TART!CH]I: A.adar-Printer , . , . . . . . . . . . . . . , . , 20 Ie I<~I( STAI'!TECH n FI..der .,....., . , . . , . . . . . . . . . . 21 Equipment ..... AgretmlntI I<OCMI( Microfilm,,.. . . . , , . . . . . . . . . . . . . . . , . , . . . . , 38-3g I '~I\'IS -.,lpmtftt KODAI( Reader-Prlnl'''' ,........................ 40 I 1(00.0.1( KAFt Optical Dial( 9)'1taml . , . . . . . . . . . , . . . . . . 41·43 KooAI< KA" Malnframl Syttem ......,.,.......... 22 W""""., Dpl'Y!l......J1:t"...n..t.,.. . . . . . . . . . . . . I I . . . . . . . 44 KODAK KA"·86QO Inform..I...,., ~. ...... ............ . it.. KODAk DAT-.c~£ In/ormallon Sylltm . , . . . . , . . . . . . , æ KODAk KAFt Docum.nt Flllrleval Manag.r SYII~m ...... 27 Non CUrrent Ictulprntnt hrylclt Aoreemen" ........,. 4s-..7 KoCot. ( KAFt Chargeabl' Mou,.. .. . , . . . . , . . . . . . . . . , , 28 OptIcal DIaIc .,allftM KODAK KIM8 8~t.m ~ I M~ .......... "' I. IW" USE BY GOVERNMENT CONTRACTORS Und.r OIrtaln conditlcnll, flrml hO¡dlng contrlCll with tha Fedaral Government are authorIzed to UII FedtlraJ SUl)l)lv Schedule CO,,'rAf!I.. T~. ellglÞlllty of cont...C1ora 10 uu ~M...' !2up,ÞI)' "".ciuloo .",) ,_rYe governm.nt "FSS" prien Ie governed by Federa' Acquieitlt)n Atgulatlon, (FAR 51,1). Thll regulation reQulrll thai IpIClflc and Individual authorlzaticn be granted by the governmlnl agency with whom thl contractor h.. a contract. " 1110 deftnl. the øoncIttlon. under whIch authorization may be granted. It Ie the I'Mponalbl!lt~ 01 ..eh contractor to Obtain the PfOPlf Written authtlrl,,,t¡n,, 4.~ ø.. ........"m~nt ...aOt..y .' 1\1 !"mllSn It to me ...ederal 11"""'1 Øan..;r...I. "I/ Jpller. 1M acoltlon, ..ch contractor pureh... ordlr Ihall be in aocorclance with FAR 51.103. e For the convenÎ(lnce of caovernment p8l'1Onn.l. .nd 10 provIde "ro.mp! (/ellvery, ordere for materl.'A II..I.A I... !hI, contract mllv n. ..nt t6 ..... ........t ,<.....,.It MlurllpnO'lOgrapnlcl s,Jea Otflcealllted on page 48 01 thlll authorized price oat. log. 1 ."., r. .:: GENERAL TERMS AND CONDITIONS 1. Ttltle 01 Award U...mllm Onllr LIrn"-tlon 21-1-1 Pureh... Of Mlcrofltm Equipment. Rotary Type (Flow) " . , , , . , . , . . , . . . . . . . , . . . . '100.000 Or 1 unit (whlohever II greater) ~ 2101.1 a Pur('!/I".. of MlcrefUm Equl )mont. ","_r'ee . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . ..000 Qr 1 unit (whichever III greator) 21·1~ PurChaae of Microfilm Equipment, Plane..rv Type (Flatbed) . . , . . . , , . . . . . . . . . . . . . $711.000 or 1 unit (whiCMYØr i. greater) 21-1-12. py,O~ oi MI~rofl\m £qylpment. "oc..-Ollh . . . . . . . . . . . . . . . . , . . . . , . . . . . . . , 12&.000 or 1 unit (wrucnever II greater) 21·2 Maintenance 0( Government Owned Microphotographic Equipment ...,........... NlA 2'.....'11 Pure"", Of Film, Camera ..............................,....,........ S20.ooo 21-4-3& Purchaae of Film. Duplicating , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . , $20,000 21-6 Rental of Microphotographic Equipment. . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . "00,000 21·11 Pureha.. Of Microfilm Reaår. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , "00,000 or 1 unit (whichever II great1lr) 21-17a Pureh... of Microfilm Reader AccéHoriel .......,.,..,.,..,......,..,.... 125,000 21-18 Purcha.. of MIcrofilm Reader-Prlnlel'l ,......,.... .,.,....,... I'..... ", $100.000 or 1 unIt (whichever It greater) 21·18« Purcha.. of Microfilm Readlr.Prlnter Accee80rfea .......... . . . . . . . . . . . . . . . . . $211.000 or 1 unit (w/'Ilchewr il greater) 21-18 Purehue of Microfilm Maguln.. . . . . , , . . , . , . . . . , . . . . , . . . . . . . , . . . . . . . . . . 12&,000 21-24 Pureh... 'Of Automated Microfilm Retrieval Ruår-Prlntere (ron format) ........... 1115.000 or 1 unit (whichever Is greater) 21·24& Purchùe of Automated MiCrOfilm Flltrleval Reader'Printer AecuaorlH .. , , . . . . , . . . $2.S,000 or , unit (w/'Ilchever 18 greatér) 21·26 Pureh... of Automate(! Mlcrofllm Retrieval Reader-Prlnter Systems (roll format) . . . . . . $400.000 or 1 unit (whichever is greater) 21~8a Pureha.. of Automated Microfilm Fletrl.va' Systems AOOIllOrle. ..,...........,. S4OO.000 or 1 unit (w/'Ilchever II greate r) 21·30 Pureh... of 8fW Negative Wet Proceteing Proceaors ......,.,............... 175,000 or 1 unit (whichever II gr.ater) 21-30& Purch..e of IfW NegatIve w.t Proceulna Proceuora AOCèUOrì811 & Ranlat\4"Nlnt PArtll. Il""', nnn 21-36-2 Purchal. 01 Microfilm S )lIcerl , . . . . . . . . . . . . . . . . , , . . . . . . . , . , . . , . . . , . . . . . f20.ooo 2142a Purchaae 01 Microfilm Spllcel'l Acceaeorl.. . . . . . , . . , . . , . . . . . . , . . . . . . . , . . . . . "ð.ooo 21-41 Purctlaet 01 Chemical Preparation.. Microfilm ........ . . . . . . . . . . . , . . . . . . . . , . 120.000 21-60(4) PurCh&le of Dry Stiver Filma "..........,...................,......... $20,000 tH¡O(b) P"..,..II__ uf TI.."".I f',ww. "..".r "rimer Papl r .. . . . . . . . . . . . , . . . . . . . . . . . . ~,CIUO 21.eo(a) lurcha.. Of Mi.cellanloYl Supplies and Sundritl , . . . . . . . . . . . . , . , . . . . . . . . . . . S2ð.000 21-t1O(b) Purch... of Relurn FlM'I, Aecelving SpoOl.. and Cartonl . . . . . . . . . . . . . . . . . . . . . , $25.000 21-80 Purchue of Optloa( O¡ek Centnkl storage SysteMI ........,.....,.,.......... S4OO.ooo or 1 unit (whichever II greater) 21-80(8) Purcha.. of Optleel Dlak Central Storage Syetem. ACCtlllorlel . . . , . . . . . . . , . . . . . . $400,000 or 1 unit (whichever I, greater) I. Ma.lmum Order Umhtlon: The dollar value of any nrd.r n'"1'W'J in. "-' ........ under contract. rteulting from thl. solicitation ,hall not ellceod Country ~ CAT No. Country §lli CAT No. 1200.000. provided that the dollar value fer any slr,gl. Item Japan: 21-8011 843 1S780 Switzerland 848 ~o ordered. whether ordtlrecl leparat.,y or In . combInation with 145 8381 829~ t other Il8ml, .hall not 'lCcetd the doltar amOUnle ..t forth abovI. &40 1424 21018 81328&4 3. MI""".." ~ ~I"I"'II'" ,.,........... ....,.,...... ..hi"'........ ..... "'''. .......1"... 21.41 842 IIOØ4 21·18a &27 7774 !Jon I. S1oo. lnoh"áin" On)' oombln.tlo/l of heme. 21.~ ~03M 831 6160 t.,¡....lhø,'lal'W't "2'_'" .~7 7118' ð3ð 08ð2 4. ......r~ \.. l1li___..' The 040 (oOr.\i"""... .\aL... 01.11 ,...\ ut 21-11. 805 &073 tI4Þ {tIUt! Columbia, Alaeke, and HawaII. 806 131& 848 1434 e. ...In.... rrn-tktn, n...,k..lor, ..,....."...... 0..""\,, I~'" HI 1U3 1nn ~1Q;~ Zurick. SwltzerlenØ 840 tI890 14ð 291S2 o.aka.Japan ~ 6198 812 03A7 .."I. ~I"r". 8ø"'Itlll CI... c...."'V, c.^ 820 5734 'YV.' ,^,twrUula. Io..A"'\I"-''' -...uurny. ~ 11. 1111'1101 Ultlflly. lÞOW oa~ an.r receipt CIT oroer. San Joee. Santa Clara County. CA 11. FOB DHtIndon: Prices lhown are FOB deatination withIn the San OIIlOð. \ /I n¡",OI'l r.nll"tv. ~II. United 8ta.... Including Allllka and HawaII. The metnod of HauppaL!9f. ~ k County, NY Wlndlor, W,I(I COunty, CO . tranlþOr'litllon w1f\ be eelected by the contrllctor. (Air or 0lh1lr premium tranlportaUon' can be provided when apecilied in the Tokyo. Japan ""....h... ....d.f. Q.uCh p,omlum tra....p_tl.." ..h..oe, te.. .... (:.QlQraoo. 1:1 1"lIIIO woumy. ~U aUowarDI for tTllnllf\nmt'lnn /lnrrn81ly ll$l!ld by thé """trlleto., wI/I UH&rall.I I"erlecturll,,japan . be billed eeparalely On the Involc,.) Durham, Durham County. NC .. ....."'tnt Of Net Prtoe: All )I'lcee contained herein are net 13- Orarlng AddNu: Page 48. ("1__""" ~....~......,...¥), .... "."",,", _nrHõ "'" r"lIIm.'~ .,IUUIII uti ..m 10; . A..__...,. .....___..-4_. ~. .__.,.... .. ..... -.. ,-. '. '. . . -' .". .. ~~~~x ~f3Comoanv however. .hlpm.nt may be mede to one or mol'. deetlnatlona AllaMa, Gþ. 303&4 provJCIed the ord.rlng aglflCy authorll" ållvery of the entire order wittlin the mplmum d.llvery )triad allowed by !hi, 15. W.rranty Prom'on:Kodak warrants th1l1lqulpment and 'Oftwllre contract. See Individual terma, contlined in this ca14log to functloo properly for three months .. Prompt 'aylMflt Tetme: Net 30 DaY'. (e~pt .. noted below) from lhe dat1l of Inltíl\ in&tallatiOI'l, when lnelall~ within one year from (late of 'hlpment. (If the purchase .. Government CMIt Card: a, Not Accepted price doe. not ineJude lnatalllltlon, th. warranty becomes e!fec- b. No Di.count tJv. from date of en¡pm,nl). NOTE; Software lIçqulr~ under an ann~lly renewable Ilcl".. II not warranted because support is Included In th. Kodak Software Licente Agreement. 2 .,'. P.4 . . - - ~ ... -' -- GENERAL TERMS AND CONDITIONS A, 80ftwaret Durin; tI'Ie w~r.nty term, 1<00." '11111 wrnM gr Enlllne.r andlor 11'1, Byetem Admi,',iWatcriO W-I.Ir1 1t'1l C replace the lottwar. and/or provide Hrvlcea necte..ry to telephone and tn. Iystems conlole at the !lame tl",.. correct errora pr...nt at the 11m. rJ acceptance and which .ìgnJfICanlly a~ct performance In accordance with KodaK 7. MaIntain alte environ",.nt.1 rang.e within the limit defined In eøeclfjca~Qn.. If dlfflcultf.. .,.. eltperienced In the UN of ttlt KodaK'S SlIe SpeclflcattoOl. tottwar., wtI IUOQeII reference to the LlMr', manual, which 8. Notify Kodak 11 equIpment la to be ptlyelcally mOved to a contain. anawars ID IN\I\t .11.-1...,.... I.. ........ ,.... \(....04.11 to dl~d).,1 lo....lI.;¡u, provide help, it may be /IK....ry to lnelan the molt recent ,.. Export P_1nll Char,.e: ~ lI.rtiOn of .oftware, When determined neoøury by Kodak, on-alte lUøøort and/or a new ral.a.e will be provided to the APO and FPO: Export paeklng, sufflclent to meet reClulremenlb ot CUltomer In r..olvlng eoftware problemtl. the U.8: Poetal Aegulation 128.12, III ~ufred on all APO snd All tottware andlor changee are lub act to Ihe ttrme and FPO Ihlpmants. \ conditIone of the Kodck Softwartl Licene. Agreement In atlect OIMr Oy....... Deetlnatlon.: Commerclsl Ixport packIng for at thè time tnllOflw.r, wu ObtaIned, Ihlpmentl to aerl,t or water pOrte can be provided .t the t. HardwiN: If aqulpm.nt doet not fun<rtlon property during the discretion c! the purchallng agency. At the direction 01 the warrantY periOd. Kodak will prollldt telephone ..llltanoe purchasing agency, eutman KOdaK Company wllllhlp direct to and, whln n.c....ry, ~It. repair ..rvlee. Such repair olher Ixport packIng taelllU" wllhln the Unlteet Slates tor Ihe a'Mce will Include any ad)uetmtnle and/or replacament 01 purpose of eXPOrt pecking. Arrangemenli of thll nature mUlt be parts requIred to mfointaln the equIpment In proper operating made directly between tM ¡:Iurch..'n; agency and the packing order, facility. Upon delivery 10 the packing Iar::lm)', all further liability on C. D.V' .ncs Houri 01 Co¥eNge! W.rranty coverage II av.II· ItII part of Eastman Kodak Company will ceae.. Ibl. during Kodak'l normal working houra (utually 8;00 Lm, Pecldn, Ch.rgee; Commercial IXport packIng Is available from 10 $:00 p.m. Ioc:al time. Ixcludlng Ko<S&k Holidays). Eastman Kodak Company. The following applicable charges D. How 10 ObIIln Iervtoe muet be noted on the fac:. of aaoh order requiring an(l(or 1. KOOAK KAR lnIormatIon Iy..."" anet 0pttcII1 Diu 8po reqUlltlng export packing by the contractor: tMnl: Cuttorner', SYttem Admlnlltrator is rtePOn.ible fQr EquIpment and ð% of order with . mlnlmvm chargé of alll.tlng In performIng appropriate problem an.lyela. If Mlecellaneoue $10 per dntlnallon. neceeeary. the Syet,m Adm(njatrator may call Ko<Iak'l Technical Atti"-l'IOe Center (TAC) in Aoche&t,r, New Film and 2'-"% Of Order with a minImum charge 01 York. Paper Ið per cIHtlnatlon, In Ql'Cler for TAC to provide ueietanc9, CUltomars' enemlc.le ,&% of order with a minimum charge of accøs code mlJ8t be tJro."lded to KNÚfIt. W"M ,"'" " pco' dootll\Qtion. prOblem la Id."tI!led by Kodak to be relal8d to equipment. 17. Gov~nt Credit C8nS: Not accepted. Kodak will prollide On-lllle equipment .arvlee. 2. All om. Butl"... ""aging 8yMemI equipment Call the 11. Ttl'tnt and C~ItIon. of R.m.1 and hrvtoe: See Table of 'e nearnt Kodak Dlt1rict Strvice OffIce. Content. on page " .. Umllattonl: Thll warranty doee not cover: cIrcumstances 18, twml Ind COnclltlont of 1....atIon: E)(cept where ol,l'\erwiae I beyond KOdak'. control: ..MNI AlltlMlAtM WÎlII .tII'.......II"": I ",.neatad. It.-Ieee li"IIðlùå~ ~t..._ .nd \ae"nv af ~L.lìprT'\..nt. II"\AtI..U"... ..ru,~ ", I'\a.... M ,...,.......6t't ,.r,.,..,Lá....a ._ultt... 'IIIAM .... ..... N "_,, w, 1.1"- _,.~ __....._.1_, 1........""'''''''1...., .'1 """1"",1..,-\1'''''014. "01"'''''''''''"'(11 atlaChmenli, aocnacrlea, or .lteratlone not marketed bV and technical MIIlltance !n microfilming I~tam! by KOdak'e I Kodak: unautf'loríz8d mðdlflcatlona or ""rll":!.: ml.u..: abut"'; tr.I".d apeolallate. failure to follow Kodak', operating Intfruçt!ona; IUpp1y ltems¡ 10, Ttnna .nd CondlttOftl of Repair 'ana: Not appllc.ble. or service wMout a modem approwd by Kodak. 'i~Þr\'~ "',.,r,,-~ ,..'" \J I nc¡n ,,,,"",,,I.. .c.o, ÇAr'"~, 1M- .,. ..... ." _,,_ I"'Vlng¡ ow V-WV 'tW. PUED. OJII OF MEFlCHANTABII.1TY OA FITNESS FOR A PAR· 22. LIat of 'IrtIotpet!ng DN..,.: Not appliCable. TICULAR PURPOSE FOR THIS EQUIPMENT Of\ SOFTWARE. Aapalr or repllcemenl without Clharge Ire Kodak'e only obllgl' n, P,eventlve UalnteMnM: he Service Agree",.nte Term. and IINHI II""" HoI. .......,,~ /ifY'lll./L WII I PoIr\T Dcr DCOClf.'lt,lel_ Condition. on D&04I 8. BlE FOR ANY CONSEOUENTlAI nR 1Nr.II"IFN'tAI n.6UArJJ:>q .... 0rli....1 T.......; Ooflworo ,ß-..rl~t~ ~ ..,'~ ~~ t,t~oJ' 1'\ae~U'P1H. ,..,....... .,., 18 .,....., W8II, en I1l'lrnorçn roV'."'- U .e are 1010 or onerlO w rntr r gun . TIONINO OF THIS EQUIPMENT OR 8OFTWAFtE. REOAROI.E8S KODAK Software UC4tnee AgI'Mment A-G1 Included In Ihe terms OF THE CAUSE, Such damagø for which KocIØ will not be and COndltlOM of this CIOntract. See page 4. rllDOnllbla. Inctude. but ant not limited to, Ian of I'tMInue (lr as. OtMr Koå8k fed.,.. Supply Sohedulø: profit, 10M of data, downtcm. OOIte. Ioee of ute of the eqUlrcment, coet of any auÞltl\ute ~ulPI'Mnt, feoiliti.. or ~ a..,Uf' M. ø... IV Copyi"$ lõq,,¡pmont, ""ppfl...., an. ..rv CM. or clalml of your cuttornere fOr tuch Cllmagel. Servk:eti, Contract N 08-00F-4415A fl. Cuetomer Ruponelbllltl.. lot KoDAIC KAR tntormatton =. FSC Gr~ S8cá Part 1~Ser::tlon B - Kodak Stili Video Product!!, wnl, uptICIl g_ .~me. FonnI RHdef, ,,", ØI11l J Contr II S·OQt( AGS.01~1 I WorkItItIonl FSC Group 8$. Part V. SeoUon A - Medical and OIntal X·ray 1. CUlltomlr all"" 10 d../gne.1t a qualified SYIINm AdmIn· Films, Film Prooeuore, and Equipment. Contract N V191P-3128) Itlrator and (m, or two trained alttrn.tes wno will be the FSC Group ð5. Part VII - In VItro Diagnostic Sub.tance., only lCIurce of lIa¡eon With Ko<Iak Service Pereonnel. "eagents, BIochemicals, Teat Kill, and Sell, Contract # I/7'07'P 100:11< U.t""lI I.."". "'....1 U. ",'VY","", \U ~. FSC GrOl.lp ee, Part III, Section A - Clinical Chemistry 2, Provide Inlllll proÞlem IOlvIng a"'tttnee to lIte ueere, Analyzers/CosI-Per Teet Plan, Contract t# G&-ooF-10911 3. Perform approprlat. problem ane.IYtlt end c:orrKtlve FSC Group e7, F'arl /I, Section B - Indultrlal X.rsy Film and action. by following troubl..høotlnll lnelruc:tion. and Paper remedial actions all preeoriÞed Þv KocIak (Inoludlng FSC Group 1S7. Part II, Section B - Photographic Film, Platee, changIng cables for Koc...K KAA and KOCAK t(IMS SYlfem Pap.,., and Chemical. ~). FSC Group 87. Part III. Sec1ton B - Photographic Equipment e 4. MaintaIn .otIware documentation and ueure thet 10ft. FlC Group 67, Part IV, Section C - Microfiche Aeader-F'rlnter, ware update. ara aøølied on a current ball. Contract II GS-QOF-1930A e. ANure performance of maintenance and reliable Þaç/(·uo FSC Group 70, F'ert I. Section I>. - General Purpolle Automatic 0.\. "'I.I\i"t»!tIIl1, C:1.I\,Ill.IllIvlIl IIIIÚ ~ ,w.r., ":'omrsC\" "-6-001\- procedures. IIOAG~PSO-1 6. ProvlcM two telephone Una. one for vclce and on. for FSC Grouo 70. ¡IIart '- Sec'loI'I B _ COM (':nmntlt.r nll"'IIlt 11"I0Il. IranamlatilOn ,.nø.cnea 10 . moaem &pPrOVlQ oy Mi<;rofllm Equipment, Contract tI G$-OOK-ðQAOGð0409-f'Q0-'f Kodak), wlt!'lln , dltfanr::é that will allow Kodak', Field ; 3 .. "f-' I. _' ~ ~. -- KODAK IMAG.LINK"" Mlcrolmager 70 The KQO,\K IMAiXUNK MIcroImage, 70 Ie a hIgh spHd, high lIolufM Imag. captura deviCe which S'I'VØI U . baal, tor advanced c~re capabilltl.. 01 1he lutur.. A.- . mlcrofllm.r, It f.atures A lingle anc:l dual roll capability, a precision turrell.ne eyetem with ~ 24X, 40X .nd eox ...ouction ,allOll and the ability to ca~\Ur' lingle or two-tk1ed document. with one pan through the machine. Both 100 and 215 toot film formats are supportad through tha uee Of tay-loacIlng tllm ca...ttee with on·board mtcroproce'Ior control and monitoring. AU10matlc exposure control and thr.a·\e"el Imag. marking are etandard, In addition the Koo'-l< IMAQl!lINK Micro· Imager 70 futur.. Mv.n predefined and two programmable application mOdes which .IIow automatic ..!Up without operator programming. A. mOdular deetg" allowt! configuratIons Which may Include IIpha·numerlc printing, increased number ot modsl, time/date tUnctJOIll, film writing, and Pa1Ch, bar code and OCR reading capability. · '2~ throat. · Plain· language messag.s. a Document monltortng. · Clamshell document transport. · No bl..d-tI1rough Imaging. · Operator-convenlen<:. deeign. · Treneport lpeed 01 38" /lecoM. · 37-1cey keyboard. · Fool-ørool duo mode. · 8( .(;haracter dllplay. ~0IIticM\e: Weight: 4ðO ItIt (204 kg) tin: 48" (122 em) high, 29- (74 em) wide, 61" (100 em) deep .-ower: 1()().120 V ac:, 50180 Hz, 11S ampere. O,....Un'TamperetuA: 86"F (30'C) -SQ'F (15"'0) 0par8tl"l Humidity: 15-78% FlH lfU/Hour: 6000 PURCHAM I_II Cata10t Purcha.. t Item No. DMorIptlon NvmtHtr Quantity Priota 21·1-1 _~j~.ij¡)-~îí~ii¡?:l.!;.j'¡¡i":f"~~.¡Ô;;..j~.¡~::¡)j!,:·~t*,~j~.~'i.:·...' . _'''';;!.,." .' '_.= _ _ ,_.'" _,e<, .¡j' _, ,< _;f.e' _ - f.é,'''f ,,";~,;~, j,! _~Ó'~ -c;;jc;.",;"; «.j,;:"." <,:, _ ~<,~~' ,r.t..'·,'," ",:.< :-.-:"," '-'-:,..-"'::'--', .,.::' ,:' ,;·,,>,:~,·/~,;:~,,'f ;.^<. ':','f; :"r1'~'.'~:~~"':~, __:,::,'., ACCESSORIES 21·1·1a 1<00AK IMAQE~ ~I< Document Prln~' 1 ,.,...,.,..,... . . , , , . . . . . . . . . . . . . 1.&0 aot1 EaCh 1,377.00 KOCAK IM"GI;~'NK Oocl.fmlnl Printer Controller . , , . . . . , , . . . . . . . . . . . . . . . . , . tit 1114 Eaeh &,499,00 KODAK IMAQiLlNK Ádvanced [)oçumflnt Controller. , . , . , , . . . , . , , . . . . . ,I, . . , . UO 1180 Each ',162.00 KOOAK IMA~INK Patch R..dar. , . . . . , , , . . . , . . , . , , . , . , , , . . . . . , , . . , . . . ua ". Each 2,097.00 KOOAA IMAQE~INK Film Writing Module. , . . . . . , , . , . . . , . . , . . . . . , . . . , . . . . . 1.2 ",,2 Eac:h 3.708.00 ··.....'.'Þi~:.~ I< . : ./1:\\ '. '. '.:' <...~~ø~...¡¡" .' , KooAl< IM~G&I.INK Baalc Feed Shelf . . . . . . , , , . . . . . . , , , . . . . . . , , , . . . . . , . . .. '7411 Each 5040.00 OOAI< MACII!LINIC ar . . , . , " ,. . . : ., ., ;,. '" . '. ;... . ,". ,. . . .- . , I<OOAI< IMj,GEl.tNK Check Stacker . . , . . . . . . . . , . . . . . . , , . . . . . . . , . , . . . . . . . 101 ~, Each ',296.00 KoøAI< IMAQ¡ .INK Endoreer. . . , . . . . , . , , . , . , , . . . . , , . . . . . . . , . . . , . . . . . . 100 1101 each 1,296,00 J<ODAK rMAQillNK Endor.er Dìe Drum' . , , . , . . . . . , . , . . . . . . . . . . , . . . . , , , . , - .... Each 234.00 KO!)AI< IMACII!UNK Adjult.ble Chair . . . , . . . , . . . . . . , . . . . . , . , , . . . . . . . , , , . '" .181 Each 386.00 KooAI< IMAQEI.INK WorktUlUQn SIde COMOle . " . , . , . . . , . . , . . . . . . . . . , . . . . . . '" It1S Each 4Q5.00 KOCAK IMAGEI.INK Foot.wltch, . . , . . . . . . . . . , . . . . . . , . . . . . . . . . , . , . . , . . . , 114 "07 Each 234.00 KODAK /MilQiUNK Endorser Ole Set' .....,........,......,.........". 1.7 '172 each 212.00 KOOj,K IMMII!llNK Endoreer Ole Sat Special' , . . . . . , . . . . , . , . . . . . . . . . , . . . . . *710 Etch 228.00 'In.tAllallon Not IncludeCl, IIN MOL 21·'·1 "00,000 21·1·,a 12&.000 e 10 h~ ',-r"....:¡. ,,~......... k4'!'i1.....~. ..!.. L _~ --r"'f. ", P.b . . KODAK IMAQILINK'" Digital Wortcatatlon The KODAK IMAG~INK Olgltal Workstation Is a retrieval device for utere who wish to view and print, fax, or transmit imag.e elecrtronlcally from microfilm fllea. Ae an electronic: reaåer-lC4nner, the unit transforme photographic mjçrofllm ImaG" to 0 electronIc: image¡. ThIs proce.. provide. a MW perepe<:tlve to Im.g. delivery capabllltl... ImagM can now be routèd to printers, fax dev cn, a. well .. to magnetic or optical di,leI. Documents can even be routed to utere via an Im.g. capable network. Softwlr. control, film transport. Image location, !tanning, IncS rotation. The Image capture aublyatem controle ele<:tronle scanning. digitizing and image proceeljOi. The unit', oi.rtput lublystem manages further prOC$88ing to printers. fþ device. or other media. The KOI);,K IMAOiLlNK Digital Workstation provldelllradltlona\ CM Interfacing caø«bilillel that maxlmlÞ image retrIeval and dlltrlbullon of In1ormatlon. Add1tlonall.lturu Incl,tJde: · UHr Irlen41y interlace · Cropping · Complete uNlce diagnolllcs · Print annotation · AutometIC Image skew ÇQrrectlon · Multiple print modee · Automatic expo,ure çontrol · AutomatiC channel aelectlon · ChOice of fixed or loom lena.. · Ability to opaQue aenalttv. Information 1pecjfteatIone: Weight 520 tbe (218 kg) lilt; eo Inchla (127 em) high. 40 Inch.. (101.8 om) wide. 49lnchll (124,5 em) deep Powr: 100 votll AC. 5OIeO Hz: 115 vol" AC, 80 Hz: 220/240 volle AC. 150 Hz: 12 amperea at 120 vol" AC. ðO Hz Ol*dnv T.mper.....: eeoF {1S·C)·eeof (30'C) Opemlnf Humidity: 15·78% AH lTU/HcNr: 3400 PURCHASE C 'peclll Catelot Purch... .' ~mNo. OetGl'lptton NumtMr Quantity "Ice 21-24 1IIf!!PI J ~111I1L \ll!1I1JJMtI ¡;w~~:4t~~..:I\._m_. KMAð;~'N ( rner ......................................... 0381 QtI .. ( 11 . JI n . r 11__Jilllu¡.II1~_1_~'f#~~'l1~.",Ilnit~-mJ.¡.1"JJ~}t.,,t... ACCESSORieS 21·24& KOOAK IMAClII.INI< PrInter & Interface Board . . . . . . . . . . . . . , . . . . , . . . . . . . . . . , 173 oa1. Each 198.00 ····.~-'>~í¡\¡.~~~~:;;~-t¡IJI1.11LU.:1._II..j~'1f,¡"·Î¥-..." Koew< h"M¥\.INK Enhanced Facalmll. AcceMOty ......................... 111 4eU e.c:h 4,6ð8.QO KODAK tMIIO!LINK Annotation Accenory . . . . . . . . . , . , . . . . . . . . . . . . . . . . . , . . 110.1' ElQh S81.oo KODAK IMAQilJN1< Keyboarcl .....................,.......,.......... 1141181 each 385.00 ~ . "', . . . ,.., ,.' '.' '. . .- ..'~~~-I\¡~. n ¡11111M' œf~I_J.~~.~ti..· .' .u.,,", .,.:..;. . , KOC4K IMA<lILI+IK A~ oneole.,.,.,..,......:...................- KODAK lMAQEl.INK L..ns. 24X ....,.,................."..........".. 811 ntT Each 4Q6.00 KOOAK IMACllLINIC t.eM, 40X ..,..,..............,................... 822 aoø Each 4815.00 *,OC"I< fMAGil.lNK Zoom Len., 14-30X . . . . . , . . . .. . , . . , . . . . . . . . . . . . . , . . . . 142 nee Each 1,260.00 III . mJJIIi_.~....~..r~'\~11ll ..J:.¥~m~~Il!¡l~~_~...II;t KOOAK IMAQE\.INK Zoom Lens. 38-S(JX . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .....1.. Each 1 ,260.00 I KODIIK I~IIQ¡¡I.INK Print Scaling AcctI..ory ....."...,..".............,. 101 0101' EaOh 837.00 KOOAI< IMAG!UNK Printer 6 Triple Pa~r Supply , . . , . , . . , . . . , . . , . . . . . . , . . . . 1. 8018 Each 1.74e.OO KODAK tMA-QiL.lfoIlC Printer ð Large Paper C.... ...............,......... 1,. 3_ Each eo.oo KOQ,t,IC IMAGlil.lNIC Prln_r 5 Sorter ...,................................ Me 1101 Each 1.971.00 ';':'.~ ..,"."_."0,,,>.,,, "'.iI:,.t'~.'. ,.-.ç.""....,"- '1 ~~-. ~,,-,"Eac ,.', ,.'~\fr~'~~,":'.'::)!. . ¡? OOAI< MA- INK n r ..,..............,........... . KODM IMIlð;LINK Printer 3 Paper Calle~ . . , . . . . . . . . . . , , , . . . . . . . . . . . . . . 17484M Each 81.00 ·n r ~ _1t_._11 LJ (.llmu...... .... :", W~~'?t ~. .. ,.,. ,i-, : "'¡;- >, , /~' ,,~.\;f;.. ,.,', .. /::E·:, Koo"l< IMAG!lll';l< Digital Wotk$!.atlon Upgrade Kit . , . . . . . . . , . . . , . . . . . . . . . . . Ita 4SM EaCl'l 3.002.00 SIN Mot. 21-24 $115.000 21·244 . 25,000 .' .-' . 17 '" . LEASE CONTROL G O;)~88 EASTMAN KODAK CREDIT CORPORATION STATE and LOCAL GOVERNMENT EQUIPMENT LEASE-PURCHASE AGREEMENT LESSOR: Eastman Kodak Credit Corporation (herein called "Lessor") ADDRESS: 343 State Street Rochester, New York 14650 LESS¡:E NAME (Ful: Legal Na , f- ( ADDRESS 00 ZIP CODE PURCH. ORDER NO. 3 ;. 't-{ y. AREA CODE PHONE NO. EXTENSION Lt07· 2- -- '70;--0 ATTENTION CITY COUNTY STATE ZIP CODE EQUIPMENT LOCATION: ~RIMARY ADDRESS o BILLING ADDRESS o OTHER (SPECIFY): QUANTITY EQUIPMENT DESCRIPTION (or reference sale number(s)) LEASE TERM LEASE PAYMENT ADVANCE LEASE PAYMENT roo (;0 payments of $ g- L£ g I 2. g each First lease payment of $ months (payable !Smonthly 0 quarterly) shall be delivered to Lessor at time of signing this A TT ACH TAX EXEMPT CERTIFICATE Agreement. LEASE COMMENCEMENT DATE ATTACH ORIGINAL PU~CHASE ORDER ADDITIONAL DATA: TERMS AND CONDITIONS 1. LEASE. Lessor agrees to lease to Lessee. and Lessee agrees to lease from Lessor. subject to the terms and conditions of this Equipment Lease-Purchase Agreement (the "Agreement"). the equipment described above (the "Equipment"). 2. TERM. This Agreement will become effective when executed by both Lessor and Lessee. The lease term ("Lease Term") will commence on the date the Equipment is delivered and installed ("Lease Commencement Date") and. unless earlier terminated as expressly provided for in this Agreement. will continue thereafter for the full number of calendar months set forth above. Lessee authorizes Lessor to insert the Lease Commence- ment Date in the blank space provided above. 3. RENT. (a) Lessee agrees to pay Lessor aggregate rent for the Lease Term equal to the sum of all rental pay- ments. including the· interest portion, set forth in the attached Payment Schedule (" Rent"). Payments of Rent shall commence on the Lease Commencement Date and shall continue on the same day of each consecutive month or quarter thereafter, as set forth in the Payment Schedule. Any payment of Rent and any other sums payable hereunder which remain overdue for more than ten days shall bear interest at the highest lawful rate from the due date. All payments provided for herein shall be payable without notice or demand at the office of Lessor at 343 State Street, Rochester, New York 14650. or at any other place designated by Lessor. Except as k7dOO8 1'-1 ~ ~ expressly provided in Sectfón 5 below, all payments of Rent shall be absolute and unconditional in all events and will not be subject to any abatement, reduction, setoff, defense or counterclaim for any reason whatsoever. (b) Lessee reasonably believes that funds can be obtained in amounts sufficient to make ~II Rent payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which Rent payments may be made, including making provisions for such payments to the extent necessary in each budget submitted to its governing body for the purpose of obtaining funding, using its best efforts to have such portion of the budget approved, and exhausting all avail- able administrative reviews and appeals in the event such portion of the budget is not approved. Lessee intends to make Rent payments for the full Lease Term if funds are legally available for that purpose. Lessee represents that the use of the Equipment is essential to Lessee's proper, efficient and economic operation. 4. DELIVERY AND INSTALLATION. Lessor will cause the Equipment to be delivered to Lessee at the location specified above. Lessee will pay all transportation and other costs, if any. incurred in connection with the delivery and installation of the Equipment. 5. NONAPPROPRIA TION OF FUNDS. (a) In the event that no funds or insufficient funds are appropriated by Lessee's governing body or are otherwise legally available by any means whatsoever in any fiscal period for the payment of Rent due under this Agreement during such fiscal period. this Agreement shall terminate on the last day of the fiscal period for which appropriations were received, without penalty or expense to Lessee of any kind whatsoever, except with respect to portions of the Rent for which funds shall have been appropriated or are otherwise legally available. Lessee shall notify Lessor of nonappropriation within ten days of its occurrence. In the event of termination for non appropriation , Lessee shall, at its expense, immediately return the Equipment to Lessor at the nearest Kodak Regional Distribution Center. (b) Notwithstanding the foregoing, Lessee shall not cancel this Agreement pursuant to this Section 5 if any funds are appropriated to it, or by it, for the acquisition, retention, or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which the termination occurs or the next succeeding fiscal period thereafter. Furthermore, Lessee will not during the Lease Term give priority in the application of funds to any other functionally similar equipment. This Section 5 will not be con- strued to permit Lessee to terminate this Agreement for the purpose, directly or indirectly, of replacing the Equipment with any other equipment, services or contractual arrangements which will perform substantially the same function as performed by the Equipment. 6. DISCLAIMER OF WARRANTIES. Lessee acknowledges that Eastman Kodak Company ("Kodak") and Les- sor are separate entities and that neither Lessor nor Kodak acts or has acted as an agent for the other. No representation or promise made by Kodak will be deemed made by or binding upon Lessor. LESSOR HAS NOT MADE AND DOES NOT NOW MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EX- PRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING BUT 'NOT LIMITED TO THE DESIGN, OPERATION OR CONDITION OF THE EQUIPMENT OR THE MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR A PARTICULAR PURPOSE. LESSOR WILL HAVE NO LIABILITY TO LESSEE OR THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE EQUIPMENT. Lessor assigns to Lessee, for the Lease Term, all of Kodak's standard warranties with respect to the Equipment and author- izes Lessee to obtain, at Lessee's expense, the customary services furnished in connection with those warran- ties. 7. LESSEE'S REPRESENTATIONS. Lessee represents, covenants and warrants that: (a) Lessee is a state or fully constituted political subdivision or agency thereof; (b) the execution, delivery and performance by Lessee of this Agreement have been duly authorized by all necessary acts on the part of Lessee; (c) this Agreement constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms; (d) Lessee will do or cause to be done all things necessary to preserve and keep the Agreement in full force and effect: (e) Lessee has complied with all bidding requirements where necessary and by due notification presented this Agreement for approval and adoption as a valid obligation on its part; (f) Lessee has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period; (g) Lessee will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as the same may be amended from time to time (the "Code"), such compliance to include but not be limited to the execution of information statements requested by Lessor; (h) Lessee will not do, cause to be done or fail to do any act which will cause the Agreement to be an arbitrage bond within the meaning of Section 148(a) of the Code; (i) Lessee will not do, cause to be done or fail to do any act which will cause this Agreement to be a private activity bond within the meaning of Section 141 (a) of the Code; ü> Lessee will not do, cause to be done or fail to do any act which will cause any interest derived under this Agreement to be or become subject to federal income taxation under the Code; and (k) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. 8. TITLE. On the Lease Commencement Date, and subject to the terms and conditions of this Agreement, title to the Equipment will vest in Lessee. Upon the occurrence of any of the following events, title to the Equipment will automatically revert to Lessor without any action by Lessee: (a) the termination of this Agree- ment prior to the end of the full Lease Term as a result of the nonappropriation of funds or for any other reason whatsoever; (b) the occurrence of an Event of Default as defined in Section 20; or (c) Lessee's failure to exercise its purchase option on or prior to the end of the Lease Term. 9. SECURITY INTEREST. Lessee grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments. accessions and substitutions thereto, and in any proceeds therefrom. Lessee agrees that this Agreement may be filed as a financing - statement evidencing Lessor's security interest and agrees to execute and deliver all financing statements, certificates of title, and other instruments necessary or appropriate to evidence or perfect lessor's security interest. . 10. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed ~o or a part of t~e real estate on which it may be located. If requested by Lessor, Lessee shall, at Lessee s expense, furnIsh a landlord or mortgagee waiver with respect to the Equipment. 11. USE AND .REPAIRS. Lessee will operate and maintain the Equipment as specified by the manufacturer, in accordance with all applicable laws, ordinances, insurance policies, and regulations, and for governmental purposes only. All operating and maintenance costs with respect to the Equipment will be borne by Lessee. Lessee, at its own cost and expense, will keep the Equipment in good repair, condition and working order and will furnish all required parts and servicing. 12. ALTERATIONS. Lessee will not, without Lessor's prior written consent, affix or install any accessory, equipment or device on any Equipment unless it may be readily removed without damage to the Equipment. 13. LOCATION AND INSPECTION. Lessee will not permit the Equipment to be removed from the location specified above without Lessor's prior written consent, not to be unreasonably withheld. Lessor will have the right from time to time during normal business hours to enter upon Lessee's premises or elsewhere for the purpose of confirming the existence, condition or proper maintenance of the Equipment. 14. RISK OF LOSS. Lessee will bear all risk of loss, damage to or destruction of the Equipment. If any item of Equipment is lost, stolen, destroyed or' damaged beyond repair for any reason, Lessee will promptly notify Lessor and, at Lessor's option, either: (a) replace the Equipment with like equipment in good repair; or (b) pay to Lessor, on the next Rent payment date, all amounts then owed by Lessee to Lessor under this Agree- ment, including the Rent payment due on such date, plus an amount equal to the applicable Concluding Payment set forth in the Payment Schedule. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Rent payment and the Concluding Payment allocable to the Equipment which has suffered the event of loss. Lessor will also provide a revised Payment Schedule setting forth the Rent payments and Concluding Payments for the remainder of the Lease Term. 15. INSURANCE. Lessee shall, at its expense, maintain at all times during the Lease Term, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor. Alternatively, with Lessor's prior written consent, Lessee may self-insure against any such risks. In no even~ will the insurance limits be less than the amount of the then applicable Concluding Payment with respect to the Equipment. Each insurance policy shall name Lessor as an additional insured or loss payee and shall provide that Lessor shall be notified of any proposed cancellation of such policy thirty days prior to the date set for cancellation. The proceeds of the policies shall be payable to Lessee and Lessor as their interests may appear under the terms and conditions of this Agreement. Upon request, Lessee will furnish to Lessor a certificate of insurance or other evidence satisfactory to Lessor that adequate insurance coverage on the Equipment is in effect. If Lessee has been permitted to self-insure, Lessee shall, upon request, furnish Lessor with a letter or certificate to that effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all relevant information and documentation. 16. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all liens and encumbrances except those created under this Agreement. Lessee shalf comply with all laws, regulations and orders relating to, and shall pay promptly to Lessor upon demand, all taxes (including personal property taxes), license and registra- tion fees, and all other governmental charges imposed on the ownership, leasing, sale, possession or use of the Equipment or the Rent paid by Lessee (other than taxes based on Lessor's net income), together with any fines, penalties or interest thereon. If Lessee fails to pay any fees, taxes or other lawful charges when due, Lessor shall have the right but not the obligation to pay such charges and to declare the same immediately due and payable from Lessee to Lessor. Notwithstanding the foregoing, any fines, penalties or interest imposed on late payments when payment was timely made by Lessee to Lessor shall be borne by Lessor. 17. INDEMNIFICATION. Lessee agrees. to the extent permitted by law, to indemnify and hold Lessor harmless from and against any and all claims, liabilities, damages. and expenses, including reasonable legal fees, relating to the use, operation, ownership. or possession of the Equipment, including claims for property dam- age, personal injury, or wrongful death. 18. PURCHASE OPTION. Provided that no Event of Default has occurred and is continuing, Lessee will have the option. exercisable upon thirty days prior written notice from Lessee to Lessor, to purchase the Equipment on any Rent payment date by paying to Lessor, on such date, the Rent payment then due together with the applicable Concluding Payment set forth in the Payment Schedule. Upon payment of such amounts. Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee on an "as is," "where is" basis, without any warranty, express or implied, except that the Equipment shall be free and clear of any liens created by or through lessor. 19. PROHIBITION AGAINST ASSIGNMENTS. Without Lessor's prior written consent, Lessee shall not assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of or encumber its interest in this Agreement or the Equipment, or sublet the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor shall not assign, transfer, pledge, hypothecate, grant any security interest in or, otherwise dispose of or encumber any or all of its right, title and interest in and to this Agreement or the Equipment. Any assignment of Lessor's right, title and interest in and to this Agreement or the Equipment shall be null and void and of no force or effect. Lessee shall maintain a registration record in accordance with Section 149(a) of the Code. 20. EVENTS OF DEFAULT. Any of the following events shall constitute an event of default ("Event of Default") hereunder: (a) Lessee's failure to pay any installment of Rent or any other payment required hereunder within ten days after the due date; (b) Lessee's failure to perform or observe any other covenant, condition or ,.... 'IF' .---.- . obligation to be performed or observed hereunder, or breach of any representation set forth herein or in any other document furnished to Lessor in connection herewith, and such failure or breach continues unremedied for a period of thirty days after written notice thereof from Lessor: (c) Lessor's discovery that any statement, representation, or warranty made by Lessee in this Agreement or in any other document by Lessee in connec- tion herewith is false, misleading or erroneous in any material respect; or (d) the institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against Lessee, or the appoint- ment of a receiver or similar officer for Lessee or any of its property, and such proceedings or appointments are not vacated or fully stayed within twenty days after the institution or occurrence thereof. 21. REMEDIES. Upon the occurrence of an Event of Default, Lessor may, at its option, exercise anyone or more of the following remedies: (a) upon written notice to Lessee, terminate this Agreement; (b) upon written notice to Lessee. declare all sums due and to become due under this Agreement for the fiscal year in which the Event of Default occurs to be immediately due and payable; (c) demand that Lessee return the Equipment to Lessor in accordance with Section 5 hereof; (d) upon notice to Lessee, enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (e) sell, lease or otherwise dispose of any or all of the Equipment, all free and clear of any rights of Lessee; (f) proceed by appropriate court action to enforce the terms hereof or to recover damages for the breach hereof or to rescind this Agreement with respect to any or all Equipment; or (g) exercise any other available and lawful right or remedy. Lessee will be liable for all legal fees and other costs and expenses incurred by Lessor in connection with an Event of Default or the exercise of Lessor's remedies hereunder. In the event Lessor sells, leases ör otherwise disposes of Equipment pursuant to this section, the proceeds of such sale, lease or other disposition, net of all legal fees and other costs and expenSes incurred in connection therewith, shall be applied toward the reduc- tion of Lessor's damages. 22. NOTICES. All notices to be given under this Agreement shall be made in writing and delivered in person or mailed by certified or registered United States mail, return receipt requested, to the other party at the address set forth above or to such other addresses that the parties may specify in writing from time to time. Any such notice shall be deemed to have been received when delivered, if delivered in person, or five days subsequent to mailing. 23. FURTHER ASSURANCES. Lessee will promptly execute and deliver to Lessor, upon Lessor's request, any further documents which are reasonably necessary to carry out the intent and purpose of this Agreement. 24. EFFECT OF WAIVER. Lessor's failure to exercise or delay in exercising any right, power or privilege will not operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Any waiver, permit, consent, or approval of any kind or character on the part of Lessor must be in writing specifically set forth and signed by Lessor. 25. GOVERNING LAW. This Agreement shall be construed in accordance with and governed 'by the laws of the state in which the Equipment is located. 26. MISCELLANEOUS. This Agreement constitutes the entire agreement between Lessor and Lessee with respect to the lease of the Equipment and may not be amended except with the written consent of Lessor and Lessee. Any provision of this Agreement which is found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions. The captions contained in this Agree- ment are for convenience only and do not define or limit any of the terms and conditions. IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the day of , 19 - LESSEE: (Full Legal Name) Signature: X Name: (Print) Title: (Print) Date: OPINION OF COUNSEL With respect to the Equipment Lease-Purchase Agreement, dated as of , by and between Eastman Kodak Credit Corporation and Lessee (the" Agreement"), I am of the opinion that: (i) Lessee is a state or fully constituted political subdivision or agency thereof under Section 1 03 of the Internal Revenue Code; (ii) the execution, delivery and performance of the Agreement by Lessee have been duly authorized by all necessary action on the part of Lessee; (iii) the Agreement constitutes a legal, valid and bind.ing obligation of Lessee enforceable in accordance with its terms; and (iv) the authorization, approval, and execution of the Agreement and all other proceedings of Lessee related to the transaction contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws, and all other applicable state laws. 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" ~ I~~"""'_"'ft& _.- 0,"' __~_.- . ~__ ~ -" '''' K EASTMAN KODAK CREDIT CORPORATION Lease Agreement No. G 0';;>-3 8" (( Leasing Schedule No. 2. 00 &' ONE-DOLLAR BUYOUT RIDER This One-Oollar Buyout Rider (the -Rider-) amends the Equipment Lease Agreement. Master Lease Agreement or ¡ng Schedule identified above (the -Agreement-) entered into by and between Eastman Kodak Credit Corporation ..essor and C ; t')'Í (j f f:~.. i p y' ßc '-, é-c' 8S Lessee. The terms and conditions of this Rider are incorporated by reference into and made a part of the Agreement. Capitalized terms used in this Rider and not otherwise defined shall have the meanings ascrød to them in the Agreement. The Agreement is amended as foftows: 1. One-Dollar PurCha.e Option. So long as no Event of Default has occurred and is continuing, Lessee shall have the option to purchase the Equipment on the day following the last day of the Lease Term for a purchase price equal to One Dollar. Lessee shall be deemed to have exercised this option upon payment of the final installment of Rent and any ot~er obligations which have accrued under the Agreement. 2. Title. On the Lease Commencement Date, and subject to the terms and conditions of the Agreement, title to the Equipment will vest in Lessee. Upon the occurrence of an Event of Default under the Agreement, title to the Equip- ment will automatically revert to Lessor without any action by Lessee. 3. Security Interest. Lessee grants to Lessor a first and prior security interest in any and all right. title and interest of . '''_",,0 in and to the Equipment and all additions. attachments, accessions and substitutions thereto, and any pro. erefrom. Lessee agrees that this Agreement may be filed as a financing statement evidencing Lessor's . - ';1 Interest and agrees to execute and deliver all financing statement, certificates of title. and other instruments necessary or appropriate to evidence or perfect Lessor's security interest. 4. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be located. If requested by Lessor, Lessee shall, at Lessee's expense. furnish a landlord or mortgagee waiver with respect to the Equipment. 5. Risk of Lo... Lessee shall bear all risk of loss, damage to or destruction of the Equipment. If any item of Euipment is lost, stolen, destroyed or damaged beyond repair for any reason, Lessee will promptly notify Lessor and, at Lessee's option and expense. either: (a) replace the Equipment with like equipment of the same or later model, in good condition. repair and working order; or (b) pay to Lessor. on the next Rent payment date following the Event of Loss, an amount equal to the sum of all Rents and other payments due or to become due under the Agreement for the full Lease Term. e. Return of Equipment. Upon demand of Lessor following the occurrence of an Event of Default under the Agree- ::nt, Lessee shall, at its risk and expense. immediately return the Equipment to Lessor at the nearest Kodak Regional _.stribution Center. .The Equipment shall be returned In the same condition as when delivered, ordinary wear and tear excepted. APPROVED AS TO FORM: CITY ATTORNEY .,. "'. ..,..,............ - ,-. , ,.. ... .'. ... .. '-"'-'. ..,'..,.". :.;.;..,.... :.;-:.:.:..,;.:.:-:,:-;,;.:.:.'.;. .:....;.;.;.:.:...;... :-:':-:';':':';';'.. .......::...- ......... '.', .... ..........:...... .:,;.:.:-:.:.;.:.:.:;,:;:-:.;.;:.;.:.;.:,:.:: ;:'0:¡;;1t:0~¡i.~~~j:;!·::;¡::::;:·:;::·:;i:·::::::::¡·'::;;:;':;:::¡;;;:\::;;;:;:¡;:¡'::::::':::::;;':;:;.::¡::::.:';;::::':::;';';:. lESSEE: (Full legal Name) CITY OF DELRAY BEACH . ii:;~¡}i~~f'!fl~';J~i SIgnature: X Name: (PrInt) THOMAS E. LYNCH T1t1e: (Print) MAYOR Date: ATTEST: CITY CLERK "., · October 10, 1991 Mrs. Alison Harty City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Mrs. Harty: We would like to thank you and your staff for your cooperation and detailed assistance in helping us survey your records management needs. Through this survey, we were able to recommend a records information management program that will have a profoundly favorable impact on the City of Delray Beach, for the foreseeable future. The initial approach we took due to budgeting considerations,was one of conservatism. We did agree that a basic microfilm only, program was not in the best interests of Delray Beach as it would not interface with future electronic and optical information systems. In a short period of time you would be left with an outdated "white elephant". Therefore, we chose to pursue the Kodak Imagelink approach to your present and future records management programs. The Kodak Imagelink 30 Microimager is a basic information capture platform. It can be upgraded to an Imagelink 70 micröimager which offers sophisticated image coding for automatic information retrieval as well as automated data entry capabilities through OCR and bar code scanning_ The Imagelink platform can also be upgraded to a model 900 optical scanner or a model 990 scanner/microfilmer. In short, the Kodak Imagelink platform is your records information capture device for the City of Delray Beach for now and the future. For information retrieval with conservatism in mind, we originally chose the Kodak IMT-350 microfilm retrieval terminal. This is a heavy duty, high speed, computer controlled, microfilm image retrieval terminal that is the standard of the industry. But keep in mind, the Kodak IMT-350 terminal is only a microfilm retrieval terminal with the ability to make paper prints of the images. BEST of BOTIt WORlds Ou.c\liT}'-SERVicE Jane Group, Inc.· P.O. Box 260985- Tampa, Florida 33685- Phone (813) 289-3614-289-4142 1311 N. Westshore Boulevard - Suite 109 - Tampa, Florida 33607 1-800-282-4198 -tone - 3456 ..., . . . The Kodak Imagelink Digital Workstation embodies all of the high speed, automated, computer driven image retrieval technology of the Kodak IMT-350 terminal. The differences become apparent after the image is retrieved. After the image is retrieved and displayed on the screen, the touch of a button on the Digital Workstation keyboard will: ( 1 ) Print a paper copy on a high quality laser printer. or ( 2 ) Instantly fax the image to anywhere in the world from the viewing screen. or ( 3 ) Send the image to a local area network to be viewed on other computer scréens. or ( 4 ) Send the image to an Optical Disc system to be incorporated into that system. The Imagelink Digital Workstation will give you instantaneous image transmission capabilities throughout the City of Delray Beach. You may say, "this all sounds wonderful, but what is it going to cost'?" Mrs. Harty, you now have the "Best Opportunity On the ~arket" until October 15, 1 991 . - - - Let me show you: Original Regular BOOM Equipment Proposal Price Program Imagelink 30 $22,460 IMT - 350 $23,005 $45,465 Upgrade to IL 70 $12,800 $58,265 Imagelink 70 $29,720 $24,528 Imagelink Digital Workstation $26,190 $16,811 $55,910 $41,339 $848.28 Mo. 5 Year Lease ,,,-, '" . - . As you can see, the Imagelink 70 Microimager and the Imagelink Digital Workstation are less expensive during the BOOM program then the original equipment proposal! At $848.28 per month, you are actually under budget. These prices are complete as they include a one year warranty, delivery, ~nstallation and training. Mrs. Harty, this is an outstanding opportunity for you. We look forward to receiving your order by October 15, 1991, so you and the City of Delray Beach can start enjoying this unprecedented opportunity. Sincerely, àE. GROUP, INC. . '/ß #ç¿~ v/· 1~ . c . Thomas L. Partridge Account Executive TLP:sap ".-, 'ot'" - October 21, 1991 Mrs. Alison Harty City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Mrs. Harty: It is my pleasure to inform you that Kodak will extend the prices and. terms offered to you in my October 10th letter, through October 31, 1991. This is an especially good opportunity for you. You can not only acquire this equipment under GSA contract, but those prices will be lowered even further under the BOOM program, and the standard GSA equipment warranty will be extended from three (3) months to twelve (12) months. Mrs. Harty, thank you for the opportunity to present this good news. We look forward to receiving your order by the end of the month so you and the City of Delray Beach can start enjoying this wonderful opportunity. Sincerely, ¡¡¡::' ¡;" (Í2 - Thomas L. partridg~ Account Executive TLP:sap cc: Ted Glass . BEST of BOTIt WORlds QUAliTY-SERVicE Jane Group, Inc.· P.O. Box 260985· Tampa, Florida 33685 . Phone (813) 289-3614·289-4142 1311 N. Westshore Boulevard· Suite 109· Tampa. Florida 33607 1-80o-282-4198·tone- 3456 "., . . MEMORANDUM -----------.--- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt11 SUBJECT: AGENDA ITEM # qß - MEETING OF OCTOBER 29, 1991 REPORT OF APPEALABLE LAND USE ITEMS DATE: October 23, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period October 8, 1991 through October 28, 1991- The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved the architectural elevations (color and minor facade changes) for the Frog Cocktail Lounge. -Approved the screening material of a dumpster enclosure at Badcock Furniture. -Approved architectural elevation plans (color and minor facade changes) for Kazuko Dress Designing, Turnover Shop, Old House, New York Dance Experience, Delray News Stand, De1ray Galleries. Concurrently recommended that the Commission approve the addition of awnings within the right-of-way. -Approved a major site plan modification, landscape and architectural elevation plans for Foreign Car Engineering. Concurrently, approved a reduction of three parking spaces and recommended approval of a waiver to the perimeter landscape requirement, -Approved architectural elevation plans (awning) for Sals Sport Shop. -Approved a major site plan modification, the architectural elevations and landscaping plans for Palm Cove Apartments. Planning and Zoning Board: -Approved a minor modification to the Miller Dodge conditional use to allow JBA Motorcars, Inc. to operate under its conditional use approval. Historic Preservation Board: -Granted a Certificate of Appropriateness for the Renaissance Dental Studio. A detailed staff report is enclosed as background material for this item. "'," 'II-¡ ,~,1( . ?v , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~~V~ THRU: VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING t~/lk^ ~ FROM: ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF OCTOBER 29, 1991 REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 8, 1991 THRU OCTOBER 28, 1991 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of October 8, 1991, through October 28, 1991. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: l. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. ".., 'If' City Commission Documentation Report of Appealable Land Use Items October 8, 1991, thru October 28, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 9, 1991: 1. Approved architectural elevations (color changes and minor facade changes) for Frog Cocktail Lounge located at 1325 North Federal Highway (Vote 7 to 0). 2. Approved the screening material of a dumpster enclosure at Badcock Furniture, located at 2400 North Federal Highway (Vote 7 to 0). 3. Approved architectural elevations plans (color and minor facade changes) for the business establishments within the 400 Block of East Atlantic Avenue, namely, Kazuko Dress Designing; Turnover Shop, Old House, New York Dance Experience, Delray News Stand, Delray Galleries. Concurrently, the Board recommended that the City Commission approve the addition of awnings within the right-of-way (Vote 7 to 0). 4. Approved the major site plan modification, landscape and architectural elevation plans for Foreign Car Engineering, located on the east side of Congress Avenue, at the former location of the Baron's K-9 Hotel (dog kennel), to allow the establishment of an auto repair facility (Vote 7 to 0). In addition, the Board took action on requests for waivers, namely, * Approved a reduction of three parking spaces pursuant to Section 4.6.9(C)(1)(g), based on the finding that the building does not require the amount of parking required by code in that only a portion of the building will be devoted to auto repair use (with the remainder in storage). * Concurrently, the Board recommended approval of a waiver to the perimeter landscape requirement which will allow a 4' landscape strip rather than the required 5 feet. No other appealable items. The following are not appealable items. A summation of the Board's recommendation and discussions are provided for information. * Recommended approval on the architectural elevation plans associated with the installation of playground equipment for McDonald's, at Linton Boulevard and Waterford Place. This item will be forwarded to the City Commission as a separate agenda item (Vote 6 to 1). ...., 'II-¡ City Commission Documentation Report of Appealable Land Use Items October 8, 1991, thru October 28, 1991 Page 3 * Accepted public testimony and provided comments on the concept plan associated with the redevelopment proposal for Veterans Park. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 23, 1991: 1. Approved the architectural elevation plans (awning additions) for Sals Sport Shop, located at 135 E. Atlantic Avenue (Vote 6 to 0). 2. Approved the major site plan modification, the architectural elevations and landscaping plans for Palm Cove Apartments, a 252 apartment complex located at the southwest corner of Homewood and Linton Boulevards (Vote 6 to 0). PLANNING AND ZONING BOARD MEETING OF OCTOBER 21, 1991: 1. Approved a minor modification to the Miller Dodge conditional use to allow JBA Motorcars, Inc. to operate under its conditional use approval. The uses to be conducted include, a vehicle emission laboratory which will conduct emission testing, repairs and adjustments for imported vehicles; general auto repair of vehicles; and sale and lease of new and used automobiles. Approval as a minor modification was based on the determination that the proposed establishment does not represent a significant change to the previous approval (Vote 7 to 0). No other appealable items. The following provides a summation of the Board's recommendations and discussions on other agenda items. * Recommended approval on the conditional use and associated alleyway abandonment requests for Amoco Gasoline Station, located at the northeast corner of Atlantic Avenue and NW 8th Avenue (Vote 7 to 0). * Made a determination that the Five Year Schedule of Capital Improvements is consistent with the adopted Comprehensive Plan and recommended that the City Commission adopt the revised schedule by ordinance (Vote 7 to 0). * Accepted public testimony and provided comments on the concept plan for The Anchorage, a proposed 42 lot subdivision on 17+ acres located on the west side of the Intracoastal Waterway. In addition, the concept plan included two off-site mitigation properties. No action taken. ."., ,,', City Commission Documentation Report of Appealable Land Use Items October 8, 1991, thru October 28, 1991 Page 4 * Accepted public testimony and provided comments on the concept plan for Builders Square, a proposed single retail store located within the Delint DRI (aka Waterford) on the previously approved hotel site and on portions of an office tract. No action taken. * Recommended approval on LDR Text Amendments dealing with: the percentages of sod/turf versus shrubs and other ground cover; the use of municipal water for irrigation; relocation of "Water" Line for irrigation purposes (Vote 7 to 0). The Board tabled its recommendation on changes in the responsibilities of the C.B.O. and City Engineer with respect to review and approval of Docks, Dolphins, Fingers Piers and Boat Lifts, etc. to be works hopped. * Approved the preliminary plat and certified the final plat for the Sundy Estates, located south of SW lst Street, between Swinton and SW 1st Avenue (Vote 7 to 0). HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 16, 1991: 1. Granted a Certificate of Appropriateness for the Renaissance Dental Studio, located at the northeast corner of NE 2nd Avenue (Seacrest Boulevard) and NE 5th Street, for exterior modifications; landscaping and parking surface. An original Certificate of Appropriateness was granted by the Board on June 16, 1989, but expired on December 16, 1990, as the specific site improvements were not completed within the 18 month time limit. No other appealable items were considered by the Board. However, other agenda items which required Board action include: * Certificate of Appropriateness request to allow a free standing wood sign (102 North Swinton Avenue). * Certificate of Appropriateness request to allow an addition at the rear of a single family residence (1023 Nassau Street) . RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#61/CCOCT2.TXT I'-¡ --, II r I I~~~ I 11t::::;ff:=/'1 -gtij ~ _ I I I ~rE ~I - I~ - ~ == - L II IJ...,--~ 10'-- = .... I IT - ./..!!!!!!!!!L~ I V ~ -- ::- T ~ ..( CNIQY .wi i I~ T ~ .. c.v..v. ! I " AVØÆ AnUL- H 'y!./'y.yI-'1-- I = fEE I I I ~ -- A\oÐIUI NJ SILIL I I I II - 'b. mm I~ ' "--- / -\ \ - ~ nTTTTTlllJ~ ~ I ~ - DJJllIIJfl I "'õ.':-='-- ::: EHE '= ,:I::: I 1_ - __ i-..- - "='='" -- '-- - - ) 1- ~ ~ " - ~. JBA MOTORCARS - ~ - - ,== ~ H /. ~ ~- - Î~I L I~ ~ C> LL 1 "" - - æ~t=l1 I-- & 'V .1- - -I-- ---I 1 4J f }l ~ = I --, I - AL I~ l ¡ J _ - I I" -.J L L InN aT. _ _ t". ~ ~' ~ ,:I _ I It;;......... 11 f---- ---- d '7 ~ N'--- U 3 IPM sr. -:::'.:::: - I I I I t= f - _ - ffJJJ[[jJjJJjJ 1 - - ""'I} >-- -. t=: . .~II" 'H= - 1 ~ IAIC& ur. ~ HI! - ~ AIM ST. PIF -- U' r' , .... uq AWL L t::: ~ I b = I II II T II1=. I ~ 7 . . ~ - - N ~: =:j / i FROG COCKTAL LOUNGE:: ! .-... ' ~ ~ ~UJt:::j I I 10--1 I I ~ I ::I = - - mrR; "".~~.;".""",,~~lIfJ ~FEh:rmgr ~. J ~ i"1 , I I ~ ~ I <c ~ a ~- == - a = ~ = - IN~ r I-- a . 'r- ~ ~ L- lo. L..: J-- ..¡ c}~ .;:- ~"" ~ ~ 1ST - I t ~~? o~o~ 400 BLK. ATLANTIC AVE, J'ð' 01'# ~ ~ ~~ t::1§ IT SALS SPORT SHOP [H trnIrn ~~ rr:r:m:n~[D ~ ~vtNU[ J LIJJ [[[0 ITIIIID [1] -' c. - - I--- === ~ == ==J ::::¡ I ~ ITÌÌIJJ '" = r - · L , " I ~I--- w ~ ~ 'C W : j ~ ... u ...... w ,,¡ III ,,¡ ...: ~ L S~ - r l]]]! - , ~ z o _ I--- ... Z ~ J J: 'IH YU IJtOTHDtS PLAT WOLF Ct) 0) a:: I z ..... .... 4J HAI'PY J I- HOt..rDA YS w ~ ;) ~ C/) Q:: l&J i I- :z - z .. . [.A.C. 8 ItrIJS£S UI"-'.... FOREIGN CAR ENGINEERING Ùþ.~'t. SQ ~tSS N CO~G BOYDS IND. BUILDING ."-, If" . . - ~ ~ 3_1 sot ~~----- í lL -,. ~ u=~ IÐ I I l'ilT I 0 //-- .JJJ ~~ ---. '-1-- -- ~ --I) ~ .~~ ~~ - 1 /'. ~ ,p ~..-_ -f - .I') I ) ! IWPERJAL VILL.AS ..~" -- "---ri -- - H lAK£VI£W J ---------- ---1; _, GOLF CLUB g : il IT T ! -",,,.F r ~ --TT- r J-- ~ -.... ¡ ~..... ) : \-> /4\': I i ~ -N_ . ! 'b ." y~ ; -< I ¡ '.1 - -I(); , ~ """ I Tir-----1f I -~- _1___ _ <---- ~~W~"ESI( I ~~ J ~~I D I' ¡ ~ e-_I G)2ND I ~ lj ¡ ! I 0 L_¡-1 TH INES or DE~ WI ."'... II I: SECTIO ~ r \ . i I : JJ I (~œ '!--] BI 11 lì ¡ ~.. I =! I 1::::' --- i~ ~ -/ LlNT~LEVARO _ 1 I -' LW . . LAI~IUU. - 3e ~/~ ~ LJ I II 1\11 _/ """"-=V' ~0'/@.~ "'--~ ~ ~ DElRAY '\ . ........ ì /////r 1./ N ~ SOUTH " '\ SPANISH II ~""~ ' ,... .\, ~~ "U$ ~ r r I r ~,,> C> ! , '. - <----T"-J.J ~0lj:; V" J " ~I . i ¡ ; r ! ~ /~ '. II _. I " U ¡- ~ ~ ~Æ \ Ii ,I ; f-- - ¡ l'~- ~-' i I' -- --l :.-W~ 1. . : .¡....--l. ......--'~ :. RABBIT I ~ )(\ \" / ~ ! ~' ---1 HOUOW£ ~-4ð \.L7 ~ ~ . ~. I ~ ~P~ ~ I -::~ Ii ---1 " ~ - ..)-- ADI U Q i-- 'r ";:;:! -----! ' l ..... I ::::----... II ~ ~ ~'I-_/ 1 _~ ~ -, ~- ~ woo~ ~ N J \ Palm Cove Apartments t ~ I ¡ I I i '-'0- C- : - I I I T\:iFî t----i I ¡ 1 \' C__-=--== U I ",-, - . --rlllllllll== n 1 I I ~'~ I I I -r-~ ' -~ I - . ~-~ I r ~ I 1 I I I Sf:- 1- '" _ ëTH} I I I I r- rl I -- II _ ~~ It' IIII Illb~ 81 N.E. ffi ËIffi J I I _ ST;-- -...... 8TH ~ ~ 71 ~ ~[tE ffi ~ ~ ~ !ir- ~ ¡- ....p-- r- .J 71 ~ ~ H.E. S~ P-- ~[ ~<\j f-- ~ L-- L 1,,- ~~'n 1 (7 ~~. S, a1 > "...e<_ 1n:·'· iT! I' c ~:~ ~, 1 I _ r--- I t-- ~ \=' : I I , " ~ _ ~ 5TH CT. _ '- --r iiJl I t-- _ ---4 f- _ ~~ := - """ r- ~ IIII --',...-_ '+-~ _ ,...- - - ST. _ ~T" ~l I ' , , ~ _ ~ _ ' -.J 1----< I _;: _ -~I I _~_ r--- ¡-- ~ ~_ t-- _ -- -~- .!!." - - -.J := .. 1-C __ _ - - - ST. - - -- - I-- _ _ - - - - - - I-- r-- - - - -- - 1 Studio I-- ,...- - - ce Denta - I-- r-- - .-- - Renaissan - - - - - ~ - - - r-- _ I . __ 1----1 I- _ _ _ _ ... ...t- _ _ _ -~ -- jt-_-_,= - -I--~ -J F r -] t::Jt:= I ... - I ---3 - -.- 3RD _ II I H.E. ,. I I , I II '~- ·~ . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS 't11 FROM: CITY MANAGER f ' SUBJECT: AGENDA ITEM # qB - MEETING OF OCTOBER 29, 1991 REVISED SITE PLAN/MILLER PARK DATE: OCTOBER 23, 1991 This item is before you to review the revised site plan for improvements at Miller Park. The most significant changes to the site plan involve the removal of the north parking lot and the construction of a six foot high earth barrier (berm) between the park and Town and Country Condominiums as a noise barrier. The Parks and Recreation Director will be making a presentation at your Tuesday evening meeting. More detailed information will be presented then. Recommend approval of the revised site plan for improvements at Miller Park. POSíPoOED on 4-1 L)O"ÍcS CAf\oeti.ùS d, SSE-o+¡ (\8 ) -b lq~ S péC.ì At... ",." I'-I .1< .,,~~ . Li . ~ MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Miller Park Revised Site Plan DATE: October 17, 1991 Attached please find the revised site plan for Miller Park. The major revisions include the removal of the north parking lot and the inclusion of a 6 ' high earth barrier along Town and Country Condominiums as a noise barrier. Attached please find a report from Dunn and Associates, acoustical and vibration consultants, on the acoustical impact of the Miller Park expansion and the anticipated noise levels that may be generated during a typical ball game. The report concludes that the noise impact will be insignificant even without the 6 ' high earth berm. With the presence of the berm, the noise levels at the property line of Town and Country Condominiums will be even lower than stated in the study. As you know Bucky Dent's Baseball School is financially and contractually responsible to build the baseball and multipurpose field per the original agreement with the City executed in 1983 (see attached) . The Baseball School will have use of these fields from 8:00 a.m. to 3: 00 p. m. with the City using the fields in the evening hours and on weekends. As previously noted, the baseball field will be utilized mostly by boys and girls 13 to 18 years of age for league games and has parking for only 60 cars. Currently there are about 90 of these teenagers on two Senior League teams (boys and girls) and one Big League team ( boys) . Little Fenway will remain our showcase field because of its amenities with the green monster, parking, seating for 1,000, etc. and will continue to be the field where tournaments are held. Please schedule this for a workshop agenda for City Commission consideration. Parks and Recreation JW: J mh REF:SITEPLAN.DOC - . . -p- I.tE~œT t 0 191 dunn & associates acoustical and vibration consultants p.o. box 2408, boca raton, florida, 33427-2408 tel: 407 487 6898 October 9, 1991 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach Community Center 50 NW 1St Avenue Delray Beach, Florida 33444. ¡ Dear Mr. Weldon: In response to your request for a study of the acoustic impact of the proposed Miller Park I expansion, the following are our findings regarding the present noise levels at the site of the Miller 4 Park expansion and the anticipated noise levels that may be generated during a typical ball game in the proposed baseball field, which is part of the Miller Park expansion project. As part of our study, noise level data was collected along the property line between the proposed park extension and the Town and Country Estates Condominium. The measured data are in the fonn of an A-weighted equivalent average level or LEQ collected over severa] hours and A-weighted peak levels reached over the measurement periods. The measured LEQ levels at the property line due to present activities range between 55 dBA to 59 dBA. The measured peak levels. also at the property line, range between 79 dBA and 88 dBA. These peak levels are caused by either automobile traffic on the Town and Country Estates Condominium private road which is right next to the property line or from the passage of trains on the nearby Florida East Coast Railroad tracks which are approximately 500 feet from the property line of the Town and Country estates condorTÚnium at its nearest location. For the noise levels generated by the passage of trains on the Florida East Coast Railroad tracks, use was made of data in our files which was collected just north of Unton Boulevard at a distance of approximately 125 feet from the railroad tracks. From this data, correcting it for the increa.C\ed distance between the tracks and the Town and Country Estates Condominium propeny line. assuming a 4.5 dB reduction in level per doubling of distance, the peak. noise levels during the passage of trains would be on the order of 65 dBA to 80 dB A. The attenuation of 4.5 dB per doubling of distance is based on typical spreading over soft ground as presently exists between the railroad .'" '" . / ~ F tracks and the Town and Country Estates Condominium property line. This data matches with the :;~' peak levels measured at the site. 1 Sound level measurements were also perfonned at Patch Reef Park in Boca Raton during a baseball game and during a football game. The equivalent average noise level during the base ball game at a distance of 10 feet from the edge of the ball field was of the order of 63 dBA. The property Hne of the Town and Country Estates Condominium is approximately 80 feet from the edge of the proposed ball field in the Miller Park expansion project. Assuming in this case a conservative 3 dB level loss per doubling of distance, the anticipated equivalent average noise level at the property line is of the order of S4 dBA, which is at or below the presently measured equivalent average level. On occasions, peaks of the order of 62 dBA to 72 dBA could be reached if participants in the ball game raised their voices. Applying the same attenuation for distance as for the equivalent level, the \1 anticipated peak levels at the property line of the Town and Country Estates condominium would be less than 63 dBA, which is below the measured peaks and the peak levels reached during the passage of trains on the Horida East Coast Railroad tracks. The noise levels from the football game were lower than those from the baseball game. The above anticipated levels due to the use of the proposed i baseball or football fields do not take into consideration the additional attenuation that will be I provided by the 6 feet high benn which runs along the Town and Country Estates Condominium j property line. With the presence of the benn, the noise levels at the property line of the Town and I Country Estates Condominium will be lower than the above anticipated noise levels. ¡ In summary, the results of our study show that the noise impact of the proposed Miller Park . expansion with the introduction of a baseball field and a football field is insignificant. This is not to imply that on occasion sounds from the baseball or football field will not be audible at the property ì line, but that the anticipated levels that may exist would be at or below the levels that already exist at the proposed site. In the noise impact study no consideration was given to noise from increased i traffic on Dotterel Road which would serve as the access road to the park extension. Also it is being assumed that the ball field will not be used for major ball games with a large attendance of spectators. ¡ \ If we can be of further assistance please do not hesitate to contact us. Sincerely, J.M. Cuschieri ",." ,It-', . I ..:;. ". . .,;", .' , . ..~.. -:,~'" . . ,': .~ !: ~ ".~ '.. " : ' .0:: ,........... .. ·ì. ,. r/ . ~ /' " . /! ,...' . . . . /' 3.01 During the- lease- term, and in accordance with the- reasonable requests or ,/ , . schedule- of Lessor'~ including any extensions thereof, Lessee shall pe1"form, pay for and otherwise- provide- the- following: . (a) Mow,. edge, drag,. lime-; repair bases, fertilize,. irrigater treat for insectS and weeds,. and such other- associated general maintenance which is commonl}" performed. to render and maintain' a. baseball field in playing . condition- on those fields now Included or to- be-constructed on the- leased land.;. ~essee shall. add, clay as. may b~ required for regular maintenance-,. and the cost of suCh day shall be- shared equally with. Lessor.. I ,",., " - . (b) Replace: all sod on the: baseball fields¡ provided¡. however, if it is clearly shoWft. tha:t' damage- tel the gr~ surface- is from an athletic:. event or program, not contempla.ted: in this lease- or under the: conn-a! ot Lessee,. Lessee. shall not be r~orWble for said ~~ replacement. . . . '. I· . .. .. . (cl Replace- ba.ttJng cage-nets at' the commencement of the-lease- term, ,.,' . th.~J'" the:. cost ~~ replacing., p~ttµ1g Cage nets .shall be sha~ed equally , '. . \ -"-': ":.~~,~een-~~an~~ess~·:'" .:::~,; "':' :".::'.. :.':, .:............ :". .....: ":. ;::". . ..... '.::':' '.: ~ . . . . '.,':::. " . . r - ..... ~. ..': -. Cd)" CÓnstruct" ~.. Î'najor'1eague. . b'âsebalt field and' a multi-purpo$~ '. auxiliary fie~d on that property adjoining the Miller Field Complex to the south, to commence within forty-eight (48) months of said property being brought" ~. rough- grade- by Lessor and Lessee- as set" out" in· ara ra h 7.01 hereoi or· within forty-e1g t mont s of County approval, whichever is longer. The quality of grade:. of the two diamonds will be as determined by Lessorts en~neers..' Lessee-· will prövide th~ irrigation system to and -:- throughou-r e- new fi~lds, provided that Lessee- can tie- into the- existing irrigation pump now serving Miller Field Complex. . ." - . ~ .... .' ~.' ,. ..... ~. . ". ....._.fI:~.:.·....~..-.. ..~--'"..·,....~:...·:~:.....:..,'~-:--t1' ".:"""".-:·':'~"·..i}·"··~.:'" .'~ . '. '- -< ... 3".02 . Lessee-- sh~1t not co.ns~~,. alter:- or- otherwise- modify' th~·leaSed· property . . . . " ." '., ...... ..' ',1 ': ..' . -" ..,' . .'. .. . . . . ' '; . withoùt: Les5c~s authorizati~n. and consent arid. approval as to, design, to· be: given ''in- a. ". . . ',' . . - . . .' '. . '.-. ".. ,'. , . . .. '.. mann~r- "cons~..ent· with· Lessor's..·charter~~code· 'and ..comm·orr' practiccs~" Lessee" sh.all, . .. . . provide: LeSS.:l:'- with' a preliminary drawirig ()f those i~provements co~templ~ted in . . . ... paragraph, 3.01 Cd.. Lessor" shall ap'proye: th.e de~~gn of such improvements as it desires. 3.03 Lessee sh~~~be-' resp~nsible: for 'the- maintenance,' upkeep or repair of .' '---. " the- common- ê.rea.s· meant:' 1;o-include- .the: permanent, structures, bleacherS"r parking lot,. , .;,.r" .\ ,,~. "'. . toilet facilitiesr fences,.' ~ghts',,: 'poles and unplanted/unsodded areas. (except ~he baseball . '. ~ diamonds) and irrigation systêm_ ' . In th~ event thélt Lessee or. any persorr acting under th~ auth~rity of Lessee herein shall damage- any. of 'th"è- above-mentioned common areasT excluding or:dinary wear and tearT Lessee- shall repak such damage: or replace such, if necessary, at Lessee's cost,. within a reasonable- pedod of time not to exceed ninety (90) days~ 3. 0 t;:. I!.esse~ shall be- responsible for providing. and maintaining the- mowers and related: equipment necessary for the: maintenance: of the- fields as above-set forth. This machinery ma.y be- stored at the- Lessor's storage- facility or at such other- storage facility as Lessor- shall provide- for this purpose-_ " - , , . -,. :..... ' . "," 7'. ........ - .'. . .-... . . . ....... - . ,u..' - . .- Town & Country Estates Condominimn Apartments Assn., Inc. Office of the Board of Directors 509 DOTIEREL ROAD DELRA Y BEACH, FL 33444 TO: The Mé1yor, and Commissioners, City of Delray Beach, Fl. FROM~ Town & Country Estates Condominium ASJn., Delray Beach, Fl. VIA: Harold A. Putnam, Designated Spokesman SUBJECT: Proposed expansion of Miller Field baseball diamonds . Pursuant to our presented concerns at the Commission Work- shop Meeting of 16 July 1991, and our meeting with Commissioner Al- perin of July 29, 1991, we submit the following findings, and our conclusions for your consideration. 1. Our research indicates that nowhere in the County, nor .1 n thE' State of Florida is there a baseball diamond in such close proxinlity to resicjential buildings as this proposed Major League field. ~. ~e have learned of three (3) diamonds in which the outfields bor- uer residential neighborhoods. These are separated from housing by city streets, lawns etc. 3. There is no night baseball played, and no lighting on tb~se fields. 4. There are presently, or under construction 18 baseball diamonds in the City of lJelray. Twelve (12) of these are lighted. These DO NOT INCLUDE the proposed practice, and major league diamonds proposed ;; t Miller Field. 5. Mr Larry Hoskins, President of the Baseball School has advised us that his organization does not intend to play night baseball. 6. Baseball diamonds face (i.e. the batter's box) in all directions ßpparently dictated by space available. 7. Dc J ['ay Parks & Hecceation Dept. informs us, that when the Miller Fi c' ( expansion is complete, night baseball will be play~d simultaneously on I, v.' ;:i ¡amonds adjacent to each otht"r, commencing at r; :00 P11. Continued, F';jg(" two - PagE' two . . . To CiLy of Delray Reach Mayor ~nd Commissioners . . ('()i'~C LJ~~ T (:t'!:-~ : _. With_in j)V) ('i t Y , thE're a r'e pre~3E)n tly, not including Miller Field Expansion, a l,()t:j.~ of 18 baseball di2monds which represent~ a baseball diamond for each J6 purticipants pre:;ently enrolled in C1 ty b"seball progr8,ms. There is an ex isting 1 ighted fio Id for e3ch Lj(j p"rt ic ipants preset ',J y enrolled. ** If we extrapolate these figures to reflect estimated population growth, PLUS (PAND PHOGH/lfJ] ENHOLLf·jEl'JT 100% we would still have a baseball diamúild for each 73 participants, and a li~hted field for each 110 P8rticipants, not inc1udirg Miller Pield expansion. It is realized that current contracturaJ obligations with the Base- ball 'School would require the Major League diamond at Miller Field be built. There does not appeé1r to be a contractural oblit": r;ion that this diamond be lighted, nor does there appear to be a contractural need for night baseball to be played there according to Mr. Larry Hoskins. The savings from not installing lighting would be substantial, and it would appear that immediate and future baseball needs are more than adequai,~ with existing facilities, nnd that expansion will create a redundancy in baseball fields that the over-burdened Delray tax-payor can ill afford. On Uctober L¡, 1991, rvIr Gc rry Kl e lrw r dnti 1 had a rnf'et, ,g with ]\1r. <) oe 1,'1(' j r;,o of the P8r\<.s ?x Hecrl'ati on Dept,.. Mr ~oldon had us view a re- vised s i te-plr1n, nnd explained to us that the City now intends to build aD earth berm in lieu of the original wall we proposed that proved so ·.'{7J(~nsive. This berm would be 6 ft high; 57 ft wide, and extend the iength of our property line. Between the berm and our existing hedfe he has proposed a 8 ft chain-link fence. This berm would be plan'ed in grass and trees to be esthetically pleasing. We feel this is a step in the right direction, and WP ~pplaud Mr. Weldon's efforts. We still hRve serious reservations thai, thi~ berm will absorb tLe noise generate red by night baseball. We also feel the site- plan should be revised further so as to place tho noise ~enters i.e. Bleachers, Home-plate, Dug-outs, and the Broadcast Booth on the Eastern extremity of the proposed field as fur away from our residential bulldinps as possible. If this is not done, and home-plate remains as depicted on the site-plan, then we would ask the City of Delray to indemnify ToWl'1 & Country Condo. Þ..s.::;n. , our residents and guests against personal injury and property and vehicle damage which may occur due to batted balls entering our areas as 8. 0: r·::ct resuJ t of the Batters Box being in such close proximity ':0 our 1'1" irl,'I1Lj~Ü 8I'èa. p t'evised plan again calls for all tr8ffic to the new fields to enter t< , i; :'pa from Dotterel H.oad only. Mr Weldon feels that traffic wi]l be 11 I ~ r: :::: I . We displ '-e this in that all players and spectators will have no () t ~ .l f' V,DII to entLr' the area. Vie fear ttlat a dangerous environment will be C {',.'. t· -J hy using Lotterel hoad for all residents on both sid(~s of the l~ u :,,1.r', c't. 'blray Traffic Enginee'ring lJept. recommended against using Dottercl, ;: ¡"I\: ! ,.,',/ JOuld be listened to. Continued, page thn:'e ~ ,'~ELEC'rr:D DEMOGRAPHICS - CITY OF DELRAY BEACH . Year Year Year Growth (Estimates) 1989 1994 2000 Factor Total Popu atiOll 3, 31 Age 6 to 13 yrs 3,636 4,091 It , 402 7.6% Age yrs 1, L, . Age yrs . NOTE: 63.8% pop~lation of De1ray Beach is between age 35 and 65+ y~ars old. Year Year Year Growth (Estimates) 1991 1994 2000 Factor Males - 6/13 years 1,983 2,074 2,232 7.6% - Females 6/13 years 1,929 2,017 2,170 7.6% Males 14/17 years 1,030 1,066 1,lOl 3.8% Females 14/17 years 957 980 , 1,017 3.8% i -.. ... ---- SOURCE: Pemographic Profile, City of De1ray Beach - Sun Sentinel Newspaper. American Profile Trend Report dtd 2/22/90 furnished by Donnel1ey Marketing Information Services, Div. of Dun & Bradstreet Corp. . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PEOPLE CUHREN1'LY ENROl.LED IN DEI.RAY BASEBALL PROGHAMS Male Female Total Age 6/13 years 455 97 :.·42 Age 13/15 years 72 24 96 Age lS/over years 18 0 18 ITO'l'ALS 545 111 656 I ~. --. So u ..e.C&-2- Cj.ty c f De1ray Parks & Recreation Department. Co !/a-f;eJ by H.A. Putnam, Town & Country Condo Assn. .. ~ßMO~JiJ:)J:!l'1 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L9JI1 SUBJECT: AGENDA ITEM *1= q ~ - MEETING OF OCTOBER 29, 1991 REQUEST FOR TEMPORA~Y _G..F:g~JFICAT~dºf OCCUPANCY/BRANDY'S DATE: October 23, 1991 We have received a request for a temporary Certificate of Occupancy for the deck at Brandy's Waterfront Cafe located south of Atlantic Avenue, east of Palm Trail and directly west of the Intracoastal Waterway. The Historic Preservation Board at their July 17, 1991 meeting, approved a site and development plan for a deck at Brandy's Water Front Cafe. A condition of that approval was that a plat of the property be provided which included an off-site parking lot. The applicant requested an off-site parking agreement be entered into in-lieu of the platting requirement. At your August 27, 1991 meeting, the Commission approved the offsite parking agreement with a condition, that a Certificate of Occupancy would not be issued for the deck until the parking lot was completed, Subsequently, construction was started on the deck, prior to the submittal of the appropriate permit requests for the parking lot. Permits have now been issued for the parking area; however, as the deck construction is almost completed, the applicant has submitted a request for early occupancy prior to completion of the parking lot. Recommend consideration of a request frQm Brandy's Waterfront Cafe for a temporary Certificate of Occupancy to use the deck prior to completion of the parking lot, '" ~/ . r/~,1 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:S:;:~:=ER THRU: D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: JANET MEEKS, PLANNER II~ SUBJECT: MEETING OCTOBER 29, 1991 REQUEST FOR EARLY OCCUPANCY OF THE BRANDY'S WATERFRONT CAFE DECK ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration of occupancy for the Brandy's Waterfront Cafe deck, prior to completion of associated parking lot. The subject property is located south of Atlantic Avenue, east of Palm, directly west of the Intracoastal Waterways. BACKGROUND: The Historic Preservation Board approved a site and development plan for Brandy's Waterfront Cafe deck and parking lot, at its meeting of July 17, 1991. One of the conditions of approval was to provide a plat of the subject property which included an off-site parking lot. The applicant requested that an off-site parking agreement be entered into in-lieu of the platting requirement. At its meeting of August 27, 1991, the City Commission approved an off-site parking agreement for Brandy's Waterfront Cafe. The agreement stated that "A Certificate of Occupancy (CO) shall not be issued for the deck until the parking lot is completed." On September 23, 1991 the applicant was informed that the deck was under construction and the City was not in receipt of appropriate permit requests for the parking lot. Shortly there after, building permits were submitted and permits have been issued for the parking lot. The deck is close to completion and the applicant wishes to utilize the deck prior to completion of the parking area. The applicant has written a letter requesting that a temporary Certificate of Occupancy be issued and this is the request before you. '" ~itY'Commission Documentation Request for Early Occupancy of the Brandy's Waterfront Cafe Deck Page 2 RECOMMENDED ACTION: Board's Discretion Attachment: * Letter of Request JCM/#8/BRANDY.TXT ~., . Digby Bridges, Marsh & Associates, P.A. 124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483 407- 278 -1388 , \)\I¡,~, -- - - - ," r 'c :-it'. r·' -- - - - - - " .ç<j.M,"it ~ Þ . - ~ ~ - - -- -- -~:-"::-'-.::_-,=-,:-';:::"~ -_;::-~~___--=-:__,'_-~ ------- -- .---~- ----~----- ------ '~-~---~-'-------------------------~--'------ I 7 cfcJÌfjðB~ r ~;;- - - -- -- u_ - - - -- - - _m ___ --- - - -------------.-.---------- --. ---. ----- Hr. David I<ovacs, Director Dept. of Planning & Zoning City of Delray Beach 100 NW 1st Street Delray Beach, Florida 33444 RE: Brandy's Waterfront Cafe Deck/Parking Dear David: Further to our letter dated 15th October in regards to the occupancy of the deck. As \Ve stated, we are aware of the situation, however due to all the delays caused by no fault of our client, we wish to request that the City issue a Conditional Certificate of Occupancy for the decJ;:, whilst the car parking is being complete. The tel'ms of this temporary Certificate of Occupancy could be that should the parking not be completed . within the allowable time the Certificate of Occupancy for the deck would not be renewed. He feel that this is a minor request and that it can only help the City of Delray in the long term, in that it will be seen that the City does help protect its investors. He must state here that we feel that once the path was cleared for this present agreement with the City to be put in place, that the City has been a great help achieving this great asset for Delray. We would be grateful if this item could be placed before the City Commission for their meeting on the 29th October 1991. Kindest regards, Yours sincerely, DIGBY BRIDGES, ~ßRSH & ASSOCIATES, P.A. ~ßAIJ Digby C. Bridges, A.I.A. , R.I.B.A. DCB/sl CHARTERED ARCHITECTS - PLANNERS _. INTERIOR DESIGNERS -=-= 1 ~~2~~8 i - - .- - -- i i ~ i 6 - - - - - LÄW - MÄ~jÄGË¡'1ËÑ;' - - ~ - - - - - - - - - - - - - - - - - - - - ~4Õ ~ 998- - - - - F'002~003 - - - - - - - - - - - - - - - - - - - - - .., .. RECE.\\JEU ü~ f 2 9 . 1991 EDWAH.D ODDO. .In... P. A. ATTO'1NEY AT LAW ÇROCKt:<I Þl....1.A . !.~IITr. 601 ~3!1~ 'rOWN C£NTf.1'I 1>"'.0 DUCA HATON, FI.<..ntu"" :la.H (, BOCA ~"TON ''''011 :J~" "I)"CO PAl.M et...CH '.0071 7JO' ~?I".; 0" CH: I;IO~I (¡..'). 060'7 eRow"'~D I;JO~' "e., l?OO .·tOl.l.VWOOO I:JO:lI ~l" OI;O~\ TI:~(COP F.~ '''071 366, r¡¡,:t.,,, October 29, 1991 I Arthur J. Menor, Esq. Wi en, Malkin & Bettex 306 Royal Poinciana Plaza Post Office Drawer 270 Palm Beach, FL 33480-4020 Re: Highbridge Associates/Coastal Partners Branscombe/City of Delray Beach Dear Art: This will confirm our phone conference call of Monday, October 28, 1991. At that time, it was agreed that the parking lot would be completed on or before November 18, 1991. The completion of the lot would include; lighting, landscaping, irrigation, striping and curbing. It is everyone's intention to cooperate regarding the running of the hot and cold water lines and drain lines for Mr. Branscombe pot wash and coordinate the fire line pipe installation. A concern was expressed regarding the billing for use of the common area parking facility and the Branscombe parking facility. It was agreed that a separate meter would be installed, due to the fact that at the present time all electrical for the common area is being run through Mr. Branscombe's restaurant meter, and that an agreed upon proration would be accepted by all parties. The installation of the dock was a separate matter that was discussed in detail. You had advised this office that applications for the dock have been submitted and that your contractor, Troy Ennis is pursuing issuance of a permi t through the Army Corps of Engineers. You have agreed to supply this office with copies of correspondence and any and all other pertinent information and data. Is was agreed that I would receive status report and/or notification approximately every two weeks regarding the progress being made with the Army Corps of Engineers. - -..- ~_._._--_..,. ."., 1 [J/ 2'3/'31 11: 17 LRI;J l'lRh!RGEI'lENT ~'~;_'. '=:;CI r- \.:.,..._,._,. '':'" '_._' . ,. w ., Arthur J. t1enor, Esq. October 29, 1991 Page two Perhaps, this conference call should have taken place months earlier, as it appears that everything was amicably resolved and the only thing now 1s to insure through our efforts that this parking lot is completed on or before the l8th. Should you have any questions, please contact me. 1 '~ / / . / J ~7¡ /EOjr. :kas cc: Mr. Ron Branscombe ~" I -..--.--...... '91-10-30 00:44 PAGE = 03 ~ ... .. - .. .. ... .. ... ... -' .. - - .. .. .. .. ... ... ... ... ... .. .. ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... .. .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... .. ... ... .. .. .. ... ... .. .. ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... - ... ... ... ... ... ... . ... ~I ,~ · MEMORM!ººM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fi//\/1 SUBJECT: AGENDA ITEM # elf l) - MEETING OF OCTOBER 29, 1991 REQUEST TO HOLD PEACH UMB:RE~1b_FES':['LYAL/WAIVERS DATE: October 23, 1991 We have received a request from the Peach Umbrella Plaza Association for Commission approval to conduct their annual festival on November 9, 1991 on West Atlantic Avenue between the hours of 8:00 a.m. and 5 p.m. The Association proposes to rent vendor booth spaces which will be located within the rights-of-way between the 200 and 600 blocks of West Atlantic Avenue. The vendors will be allowed to sell food, soft drinks and arts and crafts item s . There will also be a live radio broadcast. The Association is requesting that the City provide staff to assist in the set-up of barricades, placing and emptying of trash receptacles, police services and waiver of the rental fee for use of the City's small stage. In addition, they are also requesting waiver of the insurance requirement. The City usually requires liability insurance in the amount of $1 million which names us as additional insured for special events. Recommend approval of the request from the Peach Umbrella Association to hold their annual festival on November 9, 1991 from 8:00 a.m. to 5:00 p.m; approve the request for waiver of the rental fee for the small stage; and consider the request to waive the insurance requirements. 0 -1Î\Sl-\ (\E:.0.) ~~ 00'Ot¿.. <'I- ~ -\-0 ~ ~ u.x:.P' f\c.,~ oj ~ \\\5 ~I'" 'or, . . 0... T} , Agenda I t;em No. : AGENDA REQUEST Date: 10/23/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Approval of special event activity for November 9, 1991 between the 200 and 600 blocks of West Atlantic Avenue - Peach Umbrella Plaza Association ORDINANCE/ RESOLUTION REQUIRED: i'ES.<f9) Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~þ- ~ 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 Revlew: Approved for agenda: 8/ NO r}v1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .,,,, ,n MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CITY COMMISSION APPROVAL OF SPECIAL EVENT ACTIVITY PEACH UMBRELLA PLAZA ASSOCIATION/NOVEMBER 9, 1991 DATE: OCTOBER 21, 1991 ITEM BEFORE THE CITY COMMISSION: - -- Consideration of approval for the request coming from the Peach Umbrella Association to hold a Special Event Activity, Saturday, November 9, 1991 between the 200 and 600 blocks of West Atlantic Avenue, from 8:00 AM to 5:00 PM. The Association is also requesting a waiver to any insurance requirements and that the City provide necessary police service, barricades and trash receptacles. BACKGROUND: The Association is proposing to hold a special event similar to what was approved by the City Commission last year. Proposed activities consist of the renting of booth spaces within the right-of ways (on-street parking spaces) to organizations, vendors and clubs along the defined area. Vendors will be allowed to sell foods, soft drinks and arts and crafts items. Radio Station 99 JAM will broadcast from the festival and amplifiers will be used. permission to display American Flags on the exterior of participating business is also desired. There is no request to close any public streets. Staff time will be required to assist in set-up (barricades), placing and emptying trash receptacles and police service. RECOMMENDATION: We would recommend City Commission approval of the Special Event Activity proposed by the Peach Umbrella Plaza Association for Saturday, November 9, 1991,8:00 AM to 5:00 PM. Approval of the event will include the use of amplified music and public service presentations and/or announcements. Commission consideration of other services is required. The written request, design and designation of on-street parking spaces to be used for these purposes is attached for your reference. LB:DQ Attachment D11 Event.PU PEACH UMBRELLA PLAZA ASSOCIATION 409 W. Atlantic Avenue Delray Beach, FL 33444 (407) 272-7059 October 18, 1991 Lula Butler, Director Community Improvement City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Dear Mrs. Butler: The Peach Umbrella Plaza Association is requesting to have an outside fund raising/promotional festival within the Peach Umbrella area from 2nd Avenue to 6th Avenue on West Atlantic Avenue on Saturday, November 9, 1991 from 8:00 a.m until 5:00 p.m. The "Peach. Umbrella Fall Festival" is in conjunction with our continuing effort to change the image along West Altantic Avenue. Plans are to have something for everyone, and to attract families to come onto West Atlantic Avenue and feel comfortable doing so. This is our annual fund raising event and proceeds from the festival will be used for Peach Umbrella advertising and promotion. The Association's plans regarding the festival are as follows: 1- Rental of 6 x 10 booth spaces to organizations, vendors, etc. for their own fund raising or sales activities. Booth space will be sold at $75.00 per space. See attached map for location and total rental spaces that will be available. 2. outside selling of food and goods by renters of space. Pepsi and/or Coke stands for outside selling. Space also available for distribution of literature. 2. Radio station 99 JAM may broadcast from the Festival, amplifier will be used. 3. American Flags placed on the exterior of participating businesses. 4. Fire Department Demostration. 5. Designated area for Radio Station setup and V.I.P.'s , Lula Bulter October 15, 1990 Page 2 6. Additional Parking has been arranged with Mt. Olive Baptist Church on N. W. 4th Avenue. Law Enforcement: To patrol and stroll the designated festival area of West Atlantic Avenue. Paramedics and Fire Rescue: Alerted to the date, time and place of festivaL Permits: Blanket permit to cover outside selling and vendoring. Broadcast and/or Band. We humbly solicit support of this request along with any input from the city of Delray Beach. Sincerely, Clay Wideman ~~reVdi'nt t ¿J--'d4~ A ta ment - 1 U I 1 I !,,-,'Z LYlH _.' ¡- ! I ¡~ -- _1 /1 i I . I ' . --. I ) I' 1 - I I ' I ~ i i ii'l i\1'fi' ..i 1 I . ,..... 't"".T 1~_ -1 , :v j I - I ~ :¥. ~ ~ I ~ ~ - "'1 1'1\ I 'W_ \) I ~ ~ ~ r ~l ~ fU' --1 ~ .1 lÜ N 4-\ I~ ! « Ç) :;..' . It r' ! \.) e:. t- l_"r I '1.1 N ., I I I II...- _ ~Ñ t-(\ ~ 11'\ ~ ' .--+ 1/), ~ ~ ~ :q:- l1' . . +--- r)~ "'hi ,j " ~1 f- ":1 .~. . h \Ù ~I ."t': ! ~~ ' .::J.. ill ...: 11\ Wo -J ~ ." 3 , ! ",1 ~\'" ~ __ . ',J C\ ~- ¡~ ~ ~ ¡ 'i -1 ~ r'~Î ~ \Íl ~ .( I~ I !~1 \\- !~ '" ~ \ ....1 1 c:. I. I ~ , ' , . , ~ :æ T"" I c:. p' I _ , , , . . . ,_ ~ ~ ~ T '" '" ,- - ~~-4 _:-~~ ., '" '" ,. (¡< ->j -l "If ;' (Y\ H ....' "'-'",- __ ì , ' I I ' I ;" - , I , . I 1 -::J.. I ..... , . '<:t ~ .. ~ .::J. '" i' -.J ~ ..... N, 1'1'1\ n. ~ ~ . ~ "" h... ' lU ~ ID <;:) U d 3 \..) 1.::1 r~J_, I~ -< c, T r~: "'-) , ~ ~~ :-.- ~ " __ '".,¡.. -T- '" -' r ------L::J- '" .¡ "" ,., '" <i- I 4t~ 0'lH .i -- \Ù "'-- ill.. I~.. ] <:i '~O r· . I:." ~ lù "1 ~ ,~ '_ ~ -4.. ___.1 - . çs .:J... ~ ~:..... ~ ¡ -1~ <;:) \\ r -1 or- ~ ~ " Ul ~ tÍ) . . 4. \ - M ..;) '0' 'IdL' I 1."::1 ..(. __l '. . _ 'ßL, I' (:) \--- I '-.) ~ - : '-.) .It'- ~ ' .,(, 1 -« <. I~ t.-. \ I __ -."; i\f\ ::;,.... }ÙL., ¡ ---- ~ "::J _of \1.¡d) '0îH .----' , ~ '11,,1 PEACH UMBRELLA PLAZA ASSOCIATION 409 West Atlantic Avenue Delray Beach, Florida 33444 (407) 276-4915 NEWS *** NEWS *** NEWS The Peach Umbrella Plaza Association invite organizations, . businesses, individuals and the public to attend and/or participate ~ in their Third Annual Street Fall Festival. The Fall Festival will be a \.!...- {{ ,\~ one day event held on ...../~ '/1' Saturday, November 9, 1991 from 9:00 PM until 6:00 PM. This event is sponsored by the Peach Umbrella Plaza Association, ., a non-profit organization. All Businesses within the boundaries of Swinton to 1-95 are under the Peach Umbrella Association. Space is available from 3rd Avenue to 6th Avenue on Atlantic Avenue to set up booths or tables for displays or sales. The space must be reserved through the completion of the attached form and remittance of the fee describing your particular category. Come one, Come all! The festive day will include radio stations on site, TV and radio personalities, food, music, activities for children, and lots of fun. Reserve your space today, and bring your goods to be sold, or just come and enjoy the festívities. -, -- PEACH UMBRELLA PLAZA ASSOCIATION [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE ' O7/278-4755 MEMORANDUM DATE: O~tober 2~, ~991r/ TO: C1ty Comm1SS10n 1)1 FROM: Jeffrey S. Kurtz, City Attorney I SUBJECT: Waiver of Insurance Requirement for Peach Tree Umbrella Sidewalk Sale The City Attorney's Office is unaware of circumstances which will distinguish the liability associated with this event from that associated with Delray Affair or other such events. The City Attorney's Office would therefore recommend against waiver of the insurance requirement. It appears to be an issue of affordability and perhaps a media position can be reached by reducing rather than eliminating the amount of insurance required. This position may be justified due to the smaller scale of the event. JSK:ci cc David Harden, City Manager peachy.txt .. . , "lc.1 [ITY DF DELHAY BEA[H 100 N.W. 1st AVE:I\JUE . D'cLr~¡',Y BEACH. FLORIDA 33444 . 407/243-7000 M E M 0 RAN DUM TO: David T. Harden, City Mana9@?1 I.' i c. FROM: Lee R. Graham, Risk Manager " l.· ~ DA'rE : October 25, 1991 SUBJECT: Insurance Coverage for Special Events The City customarily requires organizations to obtain insurance coverage for events held on City property. In such cases, the City protects its liability interests by requiring that insurance policies name the City as being an additional insured. This affords a buffer between liability claims which sometimes develop into lawsuits where the City is targeted as the "deep pocket". Many organizations maintain a liability policy on a year-round basis to offer defense of any unexpected claim that happens. On such policies, it is usually a simple matter to add additional insureds for a specific event. The alternative is to obtain a "Special Events" policy. This is often more costly than the purchase of a full-time, year-round insurance policy. It is my opinion that, whenever possible, the City should require that organizations supply proof of insurance which also covers the City's jnterests. LRG/rc Attachment cc: Alison MacGregor Harty, City Clerk T:jE EFFOHI AL.WAYS MATTERS ""~ ;'~;' -;>;" -",~ ....-.. ,,;, -- ~ . - - .....-.". .' ~ ....... ( MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~~1 SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 291 1991 REQUEST TO HOLD PEACH UMBRELLA FESTIVAL/WAIVERS DATE: October 23, 1991 We have received a request from the Peach Umbrella Plaza Association for Commission approval to conduct their annual festival on November 91 1991 on West Atlantic Avenue between the hours of 8:00 a.m. and 5 p.m. The Association proposes to rent vendor booth spaces which will be located within the rights-of-way between the 200 and 600 blocks of West Atlantic Avenue. The vendors will be allowed to sell food, soft drinks and arts and crafts items. There will also be a live radio broadcast. The Association is requesting that the City provide staff to assist in the set-up of barricades, placing and emptying of trash r(\ receptacles, police services and waiver of the rental fee for use of the City's small stage. In addition, they are also requesting waiver , of the insurance requirement. The City usually requires liability insurance in the amount of $1 million which names us as additional insured for special events. , Recommend approval of the request from the Peach Umbrella Association to hold their annual festival on November 9, 1991 from 8:00 a.m. to 5 : 00 p. m; approve the request for waiver of· the rental fee for the small stage; and consider the request to waive the insurance requirements. £ (Ý , r ~ Ii I I ! , - ( ." . . MEMORANDUM ---------- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{tM I SUBJECT: AGENDA ITEM # ~.~ - MEETING OF OCTOBER 29, 1991 REQUEST TO HOLD A CARNIV~~~RICAN LEGION POST #188 DATE: October 23, 1991 We have received a request from American Legion Post #188 to use City property located on S. W. 8th Avenue and lOth Street, south of the Municipal Cemetery to hold a carnival from December 2 through December 8, 1991. This is the fourth year that a request to hold this event has been before the Commission. The previous three events were approved contingent upon the applicant providing liability insurance, certificates of inspection, furnishing security, providing the required sanitation facilities, and furnishing us a plot plan showing the layout of the carnival, Additionally, as there was some concern about the event conflicting with internments at the adjacent cemetery, the Commission recommended that the affected funeral directors notify their clients of the dates and hours of the carnival to assure that non-conflicting arrangements could be made. Staff has some reservations about carnival locations wi thin residential neighborhoods. The general consensus is that such a large-scale activity in the middle of a residential area is inappropriate. Ideally, carnival should be located where an arterial road access exists. However, as the Comission has previously approved this site and the site on S,W, 5th Avenue a precedence has been established. Recommend approval of the request to hold a carnival on S. W. 8th Avenue and 10th Street, south of the Municipal Cemetery to hold a carnival from December 2 through December 8, 1991, subject to the conditions as previously required. '" . . . Agenda I t¡em No. : AGENDA REQUEST Date: 10/22/91 Request to be placed on:' X Regular Agenda Special.Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Request from American Legion Post #188 to use City property to host a carnival from December 2 through December 8. 1991 ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO Recommendation: Commission action Department Head Signature: ~~ ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO ?'M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved -------.--- . 2. Front-end Loader - Streets Division - John Deere Indus- trial Equipment Co. /Ne ff Machinery (State Contract) in the amount of $56,443 with funding from Public Works Automotive (Account No. 001-3113-541-60.84) and General Fund Capital Reserves (Account No. 334-3141-541-60.84. Approval is recommended. 3. Lot Mowing and Clearing - code Enforcement - Macs Exca- vating (primary), Coastal Construction Service and Richard Walcott and Son (secondary) at an annual estimat- ed cost of $60,000 with funding from Accounts Receivable - Lot Clearing, Mowing, Trees (Account Nos. 001-0000-115- 26.00, 27.0D and 28.-00). Approval is recommended. Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lvnch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. '(~{i()' wi th a 5 to 0 . C'h.'\-, vote. ' ,," !{" '\ i 'j ',I ~_- ---_, '.\ ",::.' _'...-l,-"';:~,- \>e"~-- ~ "'\ REGULAF .1<2--<~'1- &f. , (1"'1~'-c ",7\ r· ·ffr-\ T"",-,~ 9.l.A. (8.G.) Request to Hold carr/~V"vL\V~;'>, t~.v"v\...\..":"" m is to consider approving a request from the Americ 7~_L. L,7.t.-'-4 a'i to hold a Carn- ival from November 19-25, 1990 at S . /C4~< ,<...~1~f;,~'j);... '.W. 10th ~treet, sout~ ?f the Delray Beach Cemetery. ~ ')ìi~; "'.. ¡.t:t~ / tended subJect to condl tl0ns . '.~ f l,,,,"",-,.'-t' . ~,_C''''^--''~--' Mr. Andrews stated he rece"d~<: h..v"- J~",\:5t .t/~ ~esident who felt conducting a carnival next to a ,~~VV\.. {'---~-f1i, t ral services are being held is inaapropriate. :Ii \ ~ f'['" \ / \..... ~rA' ~ ?C- L J( ~ \.- "'-t -<-; .x-- Ms. McCarty suggested the ' )tify the clients of the dates and hours of the car l-conf1icting ar- rangements can be made. Dr. Alperin moved approval of the request to hold the carnival from November 19-25, 1990, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.1.A.A. (8.C.) Water Service Agreement. The Commission is to approve a water service agreement for the Marriott Adult Congregate Living Facili- ty (ACLF) a proposed 130 bed ACLF and 60 bed nursing facility to be located west of Military Trail, south of Atlantic Avenue, behind the Sun Bank facility. . Mr. Randolph moved approval of the Water Service Agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -3- 9/25/90 . II-I MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: REQUEST TO HOST A CARNIVAL.::. SW 8TH AVENUE AND lOTH STREET DATE: OCTOBER 22, 1991 ITEM BEFORE THE COMMISSION: - - Commission consideration is requested to allow a carnival from December 2 through December 8, 1991 at the vacant land located on SW 8th Ave and SW 10th St, just south of the Delray Beach Cementary. BACKGROUND: The American Legion Post #188 is requesting City Commission approval to hold a "Carnival" that will be open to the general public from December 2nd through December 8th. The Commission granted approval for a carnival last year at this site. Section 2.4.6 (H) of the Land Development Regulations provides that such activities be approved by the Ci ty Commission. In addition, there are specific requirements under of the same section that the applicant must adhere to. In the past, the Commission has also required that the following cri teria be met: (l) Liability insurance from the organization in the amount of $1,000,000 with the City listed as additionally insured. (2) Certificates of State and County Inspections. (3) Furnished Security as required by the Police Department. (4) Proof of Health Department approvals and sanitation facilities. The applicant is also responsible for providing a plot plan showing the layout of the carnival and identifying how they will accommodate parking on the site. The same must be approved by Building, Fire, Public Utilities and the Police Department. RECOMMENDATION: City Commission consideration and approval of this request is required. The Commission should be aware that staff has some reservations concerning the approval of carnival locations within residential neighborhoods. It is staff's opinion that such a large- scale activity in the middle of a residential area is inappropriate. Carnival locations are more appropriate where an arterial road access exist. However, we understand that former approvals to this site and the site on SW 5th Avenue have set a precedence. Approval of the request should include the requirement for the additional items as listed above. LB:DQ Attachments Dill Carnival.91 ,,--, - September 22, 1991 City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 RE: American Legion Post II 1 88 of Delray Beach Carnival In an ongoing effort to continue to renovate the American Legion's Post III 8 8 located on Northwest 8th Avenue and Martin Luther King Blvd., I am requesting once again, permission from the City to hold the Carnival this year. The dates of December 2, 1991 through December 8, 1991 are being requested for the American Legion Post to host the Carnival in Delray Beach at the site on Southwest 8th Avenue and 10th Street, South of the Delray Beach Cemetery. This location has been successfully located and is convenient for the Carnival. American Legion Post III 8 8 appreciate the City's consent and consideration to host the Carnival in December. All of the proceeds from this Carnival is being used to continue renovating the Post on Northwest 8th Avenue. Thank you again for your prompt response. I look forward to hearing from you so that final plans can be made for the Carnival. I can be reached at 407-278-4136 and at my address of 312 Northwest Tenth Avenue, Delray Beach, Florida 33444. Cordially, ,;;1 E,6 ~- / Ä ~ence E. Stra nge. Sr. ' 'American Legion Post #188 RECEIVE [' SEP 3 0 91 ". I COMMUNITY IMPROVEME[\: I ADMINISTRATION ~I"I . . h :;~:~.~:::~~:;~:'. :~~.!:~~~ _: '. ~ , . , ; I i }, ?F~"';" _I ¡ ;,~- !.- "- '- . LI: J 4 I ;O:STR"'I··· ;:.. ~~~. :.W_ n/o.!~ irLffliill I f .' I .... . .' " I oJ ,0 .. J - -... .,lUTIJ1]Il :~\' .:: ~...' ~. ~:-:;<> "4 ..þ~ - .: ' ' . ~p¡ : ~~-j~~i"~-~1i;¡':;':':;;'~~~_ ,!.! f~,:' ,~ ~::.r ".~_. ¡;;ii-; ItO ~Þ:B_ ~) ts..c:Q U I Þ M I:: t-.\.' ,:i ~ "TO ~,Åc2> ~ u. 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MEMORA@.UM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM # q F - MEETING OF OCTOBER 29, 1991 ~NCROACHMENT INTO THE ÇJTY '_~__RI_GHT_-:OF-WAY DATE: October 23, 1991 We have received a request to erect awnings, which extend into the City's rights-of-way for New York Dance Experience, Delray Gallery, The Trouser Shop, Delray News Stand, Meier and Le'Man, Kazuko Dress Designing, Turnover Shop and Old House, all of which are located within the Central Business District, LDR section 6.3.5 provides for the construction of canopies, marquees and covered walkways which extend into the public right-of-way subject to City Commission approval, The Site Plan Review and Appearance Board and Downtown Development Authority have reviewed the proposed improvements and recommend approval. Staff has a concern regarding the future illumination of these awnings. Thus far, none of the awnings previously approved for this area have been lighted. Staff is recommending that the Commission require Site Plan Review and Appearance Board, as well as, Commission approval prior to such lighting, Recommend approval of the encroachment of awnings into the City's rights-of-way for New York Dance Experience, Delray Gallery, The Trouser Shop, Delray News Stand, Meier and LeMan, Kazuko Dress Designing, Turnover Shop and Old House; and provide direction regarding the future lighting requests for such awnings, ".., ,,, . . - , Agenda I t¡em No.: AGENDA REQOEST Date: 10/22/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Approval to erect canopies on various building fronts located within the CBD ORDINANCE/ RESOLUTION REQOlRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: (j)/ NO [?~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .,,,, .. MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: REQUEST FOR CITY COMMISSION APPROVAL TO ERECT CANOPIES ON VARIOUS BUILDING FRONTS LOCATED WITHIN THE CBD - -- DATE: OCTOBER 23, 1991 ITEM BEFORE THE CITY COMMISSION: - -- Approval of a request from the property owner to erect canvas awnings that will extend into the right-of-way on the building fronts located within the 400 block of East Atlantic Avenue, a portion of NE 5th Ave, and one property located in the 1100 block of East Atlantic Avenue. Staff is also requesting direction from the Commission regarding the illumination of such canopies. The owner has not made any request to light these canopies, however, the manner in which they are constructed could lend itself to illumination which would give a different aesthetic appearance. BACKGROUND: Section 6.3.5 of the LDR's provide for the construction of canopies, marquees and covered walkways to extend into the public right-of-way when approved by the City Commission. The City Commission has approved the construction of canopies which extend into the public right-of-way within the CBD for several buildings, none of them are illuminated. The proposed improvements have been reviewed and approved by SPRAB and the DDA. RECOMMENDATION: We would recommend City Commission approval of the owners request to erect canvas awnings on various building fronts pursuant to the elevations submitted and that direction be provided to staff regarding future lighting requests for such canopies. d11 Canopy.CC I" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERi~ SUBJECT: AGENDA ITEM # '"fGr - MEETING OF OCTOBER 29, 1991 *- WAIVER OF LANDSCAPE RE~REMEN~F9REIGN CAR ENGINEERING DATE: October 25, 1991 We have received a request for a reduction in the required five foot wide perimeter landscape strip for Foreign Car Engineering located at 75 N. Congress Avenue. Section 4.6.16 (H)(3)(d), of the Land Development Regulations requires a five foot landscape strip be provided between the off-street parking area and abutting properties, Due to the manner in which the existing building is configured, there is not sufficient space to accommodate a parking lot which meets Code and perimeter landscaping requirements. The development proposal provides for a parking lot which meets Code requirements with a 1.5 foot car overhang being sodded and a four foot landscape strip. LDR requirements exclude car overhang encroachment. The Site Plan Review and Appearance Board at their October 9th meeting recommended that a waiver be granted to reduce the required perimeter landscape strip to four feet. They also considered reducing the parking aisle width as an option. However, given the proposed use, the Board felt it was more appropriate to reduce the landscape strip as opposed to the parking aisle. Additionally, the Commission will need to make a determination whether the granting of the waiver will result in the granting of a special privilege (e.g. would the same waiver would be granted under similar circumstances on other properties and for another applicant or owner). Recommend approval of the request for reduction of the required perimeter landscape strip to four feet for Foreign Car Engineering subject to a finding that granting of the waiver would not result in the grant of a special privilege, "'" ,,--, '/,L II. (1/ ' C I T Y COM MIS S ION DOCUMENTATION TO: HARDEN, CITY MANAGER ~~OR PARTMENT OF PLANNING AND ZONING ~/~ _."'-'-" FROM: J. F Y A. COSTELLO, PLANNING TECHNICIAN II SUBJECT: MEETING OF OCTOBER 29, 1991 CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING REQUIREMENTS FOR FOREIGN CAR ENGINEERING ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of granting a specific waiver in conjunction with a development request involving a major site plan modification. The project involves a 1,585 sq.ft. addition to an existing 2,300 sq. ft. structure, expansion of the parking lot and site upgrading. The subject property is located on the east side of Congress Avenue, approximately 730 ft. north of Atlantic Avenue (former location of Baron's K-9 Hotel). BACKGROUND: Due to the manne~fwhich the existing building is situated on the site, there is lack of space to accommodate a parking lot that meets all Code requirements and accommodate perimeter landscape requirements. The development proposal provides a parking lot that meets Code requirements with 1. 5 ft. of car overhang being sodded and a 4 ft. landscape strip. Thus, a 5.5 ft. strip of landscape area will be provided. However, pursuant to Section 4.6.16(H)(3)(d), a 5 ft. landscape strip is required between the off-street parking area and abutting properties. The 5 ft. landscape strip requirement excludes car overhang encroachment. "." '11--, . REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)(s), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, ( d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of October 9, 1991, the Site Plan Review and Appearance Board recommended (7-0) that a waiver to LDR Section 4.6.16(H) (3) (d) (Perimeter Landscaping) be granted, to reduce the required 5 ft. wide landscape strip to 4 ft. in width. NOTE: SPRAB considered reduction of the parking aisle width instead of the reduction of the perimeter landscaping. Given the proposed use, adjacent property relationship, and the overall situation, the Board felt it more appropriate to reduce the landscape strip as opposed to the parking aisle. RECOMMENDED ACTION: By motion, grant a waiver to LDR Section 4.6.16(H) (3) (d) (Perimeter Landscping) to reduce the required 5 ft. wide landscape strip to 4 ft. in width based upon a positive finding with respect to Section 2.4.7(B)(5)(d), that granting the waiver does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Attachments: * Letter of Request * Reduction of Site Plan "". U·' . - A1 ~~~~~~'NC October 1, 1991 Mr. Dave Kovacs Director of Planning and zoning City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 RE: Foreign Car Engineering, Waiver Request- section No. 4.6.16 (D) (3) (d) (perimeter Landscape Requirement) Dear Mr. Kovacs: The required width for perimeter landscaping in Delray Beach is a minimum of 5'-0". The existing conditions at 75 N congress Ave. (the proposed site for Foreign Car Engineering) prohibits us from having a 5' -0" wide strip while maintaining the required 24' -0" aisle width. At the request of the planning department, we are proposing a 4'-0" wide landscape strip with an additional 1'-6" of perv ious area for automobile overhang, placing the car stops at the edge of the pavement. As a result, we maintain the required aisle width while providing a total of 5'-6" of pervious area at the perimeter (the south property line). Thank you for your time. Sincerely, AHRENS DESIGN GROUP, INC. e't2~~ project Architect .'- '-~\i'\\ ...... _.~- _'_ -.¡\ I.' -.' " , I, \ ' "i ' j ....... ~- - , , _J - ,. -'-~ . é'1 '. ;..) _ . ~_þ.-l ·.,,0 i: : . i ~ .. Pl t -> ,'\. .{o ( !__ i. ~ ~-.-. 6758 North Military Trail, Suite 301, West Palm Beach, Florida 33407 Palm Beach (407) 863-9001 Florida W A TS (800) 635-6366-399 ."" '" ' II · 1 .~ r ., tNC,Ü~~,Ý ßoJ<le- ' ___ I !: \ / ; t I~.~~I --\ - ;- - . ,I: .~! 0 t--*~'::":~ ~:r . , "---1 _.~; ~ ID .:1 , t -\- .'; , : " H-/c So I 20"0' 1'-" " I , , \ t I!!".IcIS-r. 2 .. ¡:," L-1,f.tT'S ,.. '.' ~ () ~ ~. · c(\ ~ - ~i~ f t -'. . ,9 ~ ~ ~ ¡- (is) '5 · _ ! ":'õ -- Cd - \) :. .§ I' ..t.. "'r' 0 CD "- , i&I \.1:- .' I.: tn~,," ~ .\t. --~~-:--: _. 2 \i\..1" 'I \J J o ~ . ~ t: .~. ~ f ~ ~ .. ~ . I . t I ~ ! ~ 9 '- 0 " 21&" 0 " Z 0 . <> " .... I"', 0 "~ ... ..~ ~a \ i -~ --\ -.. - \ - - IO~. t!J'O Srœ~ .. 10--' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8;J1 SUBJECT: AGENDA ITEM # 'I'" - MEETING OF OCTOBER 29, 1991 REQUEST FOR REDUCTION OF SITE PLAN PROCESSING FEE DATE: October 23, 1991 We have received a request for reduction of the $500 processing fee for a minor site plan modification to $50 (fee for non-impacting modification) for 401 N.E. 2nd Avenue. The subject property lies within the Del Ida Historic District, therefore Historic Preservation Board review and issuance of a Certificate of Appropriateness (COA) is necessary. A COA application and attendant $25 processing fee have been submitted. The development proposal for this site is to eliminate landscaping and provide a gravel parking area, the design of which requires waivers, variances and special action items. After reviewing the development proposal, the Planning Director has determined that the request does not meet the test of a non-impacting modification pursuant to LDR Section 2.4.s(G)(1)(a). A non-impacting modification is described as "one which will have no obvious effect on the approved site plan and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of-way". It should be noted, however, that if the project is modified to meet Code requirements, without the need for variances, then the project would be deemed to be non-impacting and the $50 fee would apply, Staff has provided a summary of alternatives available to the Commission. I am recommending that the Commission approve Alternative #3. The minor site plan modification fee is a disproportionate share of the cost of the total project. A detailed staff report is attached as background material for this item. Recommend approval of the request for reduction of the $500 processing fee for a minor site plan modification to $50 (fee for non-impacting modification ) for 401 N.E. 2nd Avenue, Other fees will be cumulative. llitv~ it 3 ~ 5-0 .," ;,-, - 'j ,. /, . , Z 11'\_/" C I T Y COM MIS S ION DOCUMENTAT I ON TO: DAVID T. HARDEN, CITY MANAGER Ü~~ \~ G-JCU'-.6 ~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT 0 PLANNING AND ZONING FROM: PLANNING TECHNICIAN II SUBJECT: MEETING OF OCTOBER 29, 1991 REQUEST FOR WAIVER OF PROCESSING FEE (TURNER) ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of reducing the processing fee for a site plan modification from $500 to $50. Pursuant to LDR Section 2.4.3(K)(7)(b), waiver of payment of the application and permit fees may be granted by the City Commission for good and substantial cause upon written application through the City Manager. BACKGROUND: The Planning Department received a request for a non-impacting modification at 401 N.E. 1st Avenue along with the associated processing fee of $50. The subject property lies within the Del-Ida Historic District, therefore requiring review and approval of a COA (Certificate of Appropriateness) by the Historic Preservation Board. A COA application and attendent $25 processing fee have been submitted. After reviewing the development proposal, the Planning Director determined that the request did not meet the test of a non-impacting modification pursuant to LDR Section 2.4.s(G) (1) (a). Thus, the application was determined to be a minor site plan modification pursuant to Section 2.4.s(G) (1) (b). A minor modification requires submittal of a site plan application and a $500 processing fee. In addition, the development proposal involves a number of waivers, variances and special action items. The variances require the submittal of a variance application, a public hearing and action by the Historic Preservation Board. The processing fee for the variances is $ISO. ." · The following identifies the processing fees associated with the project: * Minor Site Plan Modification $ 500 (The $50 non-impacting site plan modification fee will be credited towards the minor modification fee, thus payment of $450 is required) * Variance Items $ ISO * COA (Certificate of Appropriateness) $ (25) (By Code, this fee is to be credited toward the minor modification fee) $ 650 TOTAL Mr. Turner is requesting that the $500 minor site plan modification application fee be waived and that the $50 non-impacting modification fee be assessed. The basis for the request is that the changes are very minor (see attached request letter) . The Director's position is that the fee should not be reduced to the $50 non-impacting site plan modification fee. However, Staff has recognized that the fee for a minor modification, in many situations, may be excessive and that it could be reduced. In any event, if the development plan is modified to not require variance items, then the project would be classified differently and the $50 fee would apply. SUMMARY OF ALTERNATIVES: 1- Fees to be cumulative (per Code): $500 + $150 = $650 2. Require site plan fee, waive all others: $500 = $500 3. Reduce site plan fee, others cumulative: $50 + $150 + $25 = $225 4. Reduce site plan fee, exempt COA fee: $50 + $150 = $200 RECOMMENDED ACTION: Commission's Discretion. Attachments: * Turner's Letter of Request * Kovac's Response Letter ." "" ROBERT E. TURNER - 15221 Jackson Road Delray Beach, Florida 33483 October 9, 1991 David J. Kouac$ Planning Division 100 N.W. 1st Avenue Delray Be.ach, Fl. 331~44 Dear Mr. Kouacx: I am requesting a reduction in my processing fee from $500.00 to the original $50.00 application fee, which was paid on July 16, 1991. My site plan change is very minor. We need four or five more parking spaces at our b,ailding located at 401 N.E. 2nd Ave. This change is necessary to keep the tenants at this building from parking on the grass, where there is an inground gas tank for the gas stoves. Parking on the grass is a potentially dangerous situation. On many occasions, because of the fighting over parking spac.es, ! have had to go down there, along with the police, and get involved in setting the dispute. There are eight garages ,,-'hich ,,,ere built around 1920, but only small cars can fit in them. I went down to the building one week-end at the end of Mayor beginning of June and put down some rock fo~ a parking areas and put up a fence to stop people from parking on the grass. This was done without a permit. The following Monday; however I went to City Hall and told them what I had done. Now I am trying to obtain the proper permits in order to rectify the problem and com- plete the job, plant some trees, etc. I would very much like to meet with you at your earliest convenience to discuss this matter further. Thank you for your consideration and understanding in this me tter. ~ÆCC!ÆHW!EJD) OCT 15 , "- 199. PLANNING & ZONING -Robert E. Turner (407) 496-0921 c.c: Ronald & Joann Turner PS.· ~J p~~ ~ C¡/-//4/,y() ~ -..- "" ,,," , / I . - j [ITY DF DELRAY BEA[H 100 Nil!. 1\: Av<;:';CJ~ D¿,i'(;' (', :,Cr-' i-LG,'1'Q;è 33444 ~07 ':!~,-:: --;~~,-_,'; October 16, 1991 Robert E. Turner 15221 Jackson Road De1ray Beach, Florida 33483 Re: Waiver of Minor Site Plan Modification Processinq Fee Dear Mr. Turner: This letter is in response to your letter of October 15th, requesting that the $500 processing fee for the Minor Site Plan Modification for 401 N.E. 2nd Avenue be reduced to $50 (Non-impacting Site Plan Modification Fee). Your letter states the basis for reducing fees is that the changes to the site are very minor. As the development proposal involves a number of waiver, variance and special action items, which require a public hearing and action by the Historic Preservation Board, the proposal does not qualify as a "non-impacting" amendment [ref. LDR Section 2.4.5(G)(1), copy enclosed] . Thus, it is determined to be a minor site plan modification and the $500 fee applies. Pursuant to LDR (Land Development Regulations) Section 2.4.3(K)(7)(b), waiver of payment of the application and permit fees may be granted by the City Commission for good and substantial cause upon written application through the City Manager. Thus, if you still wish to pursue a processing fee reduction, you should confirm the request in your letter of October 15th, in writing, to the City Manager. If you have any questions please contact Jeff Costello, Planning Technician II, of my Staff at 243-7040. 'ncerely, j~~. David J. Kovacs, Director Department of Planning and Zoning c: David Harden, City Manager Project File THF E¡::F(!~T A,':~:",'/ !'/L'TTC:P;:: ." '" . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L~/l SUBJECT: AGENDA ITEM # Cf' r - MEETING OF OCTOBER 29, 1991 REQUEST FOR WAIVER OF SIGN PERMITTING FEES DATE: OCTOBER 25, 1991 We have received a request from the Sunrise Kiwanis for waiver of the sign permitting fee in conjunction with their annual Pumpkin and Christmas Tree sale. The permitting fee is approximately $204. Section 2.4.3 (K)(7)(b) of the Land Development Regulations provides that the Commission may waive payment of application and permit fees for good and substantial cause upon written application through the City Manager. The basis for this request is that the Kiwanis Club is a not-for-profit corporation, and is required by its Charter and By-Laws to utilize the proceeds of the sale of Pumpkins and Christmas Trees exclusively for charitable purposes. The entire issue regarding waiver of fees for charitable organizations has been tentatively scheduled for your November 5, 1991 workshop meeting. As this is the first request of this nature, Commission discretion is recommended. ~," 'I" ·c ¡rig (\ , k9[nC't:} . ~ [ITY DF DELIAY BEAEN 100 N.W. 1st AVENUE OElRAY BEACH, FLORIDA 33444 407/243· 7000 October 10, 1991 Mr. stephen D. Rubin Kiwanis Club - Sunrise P. o. Box 1963 Delray Beach, Florida 33444 Re: Waiver Sign Permit Fees Dear Mr. Rubin: Your request to waive sign permit fees can only be approved.by our City Commission. There are no special provisions to waive these fees for charitable organizations. To the best of my knowledge; sign permit fees have not been waived in the past. Unfortunately our City Commission does not meet again until October 29, 1991- I will put your request on that agenda. I suggest you proceed with paying the permit fee in order to get your sign up and if Commission waives the fee on the 29th, we will refund your payment. If you have any questions, please contact Bob Barcinski, 243-7011. Sincerely, 4.J)-r(j~ DAVID T. HARDEN City Manager DTH:nr c: Bob Barcinski Lula Butler THE EFFORT ALWAYS MATTERS ",,' . . CJ ._ I --", . i -:1 1 ~. E v .1 :~: : ~~ i-'='. 1-'" _ Ü.2 - '\ . . , ""S CLlJB OF DELRAY JiEACH SUNRISE ),.(~ 'J I - .JM,\.... \ Þ1N J..._ DIVISION 14 · ZONE 4 - \, -ok ~ .~/ff _. .... '. ct'lQ-~ P.O. BOX 1963 DELAA Y BEACH, FLORIDA 33444 '---.:.~:- - .,1 '.' ,-, j ;'; Oçtc-be.l..- 9, 1991 ~\'(:' ::)Ul!~ - (~ i C ~t }1¿.~ ~-: ¿j ';t ~-: 'r: c~tj ~f D~i~~y Be~ch 1·) 0 1I. '.) 1st. l~venue " . Delt\;¡,y Bt~i)ch, Florida 33444 , Re; Delray Beach Sunrise Kiwanis Sale (,)f pumpkins dnd Chri str:\<:ìS 'l'n;es ~~ .1 SJ r, i:'., ç, l:lí'. i t No. 91-12795 D';~¡Ll' s..i.l:": ]\::; you y,no\J, on Septembe.r 24, 1991, the city commission gave approval f..~r t.h8 Dclrñy Beach Sunrise KÎ\o/anis Club t.o sell Pumpkins and (~(': r i ~:, t ['ì ; I 3 t~' L-(::' ('1.:3 Ett t.hc corner of S. E. 10th street aI'1d Fed~ral H~(JÌ1\"~1Y . In connt2c.;tior~ with ltte sal~ of Pumpkins and Christmas Trees, t.he Cluh sl.11:mltted a t;ign permit application for use of signs which ~V~8 0iv0n bla~k0t approval by the Co~munity Appe~rdnce Board in 1988. ~ <1.1n ~/L i r.Jng t_his lo?tt.,.r t.o i:eq1.lt:'st a TfI';) i vel' of the sign p~:.:mi t fees \\,!',idl 'r¡c·-..l("~ i¡ntOLlfit to áppr(Jximately $2011.00. The Dalray Beach Sunrise ..-.o . club i" a nQt-far-profit cC'l'poratíon (although not qUê;\1 if ied .h..:!. ~:':.~ ;·.I~.S .... 1..~Ù·~k-:: the: I:~te;:l1al R(.::v(~nu(; Codt'; tis a charitdble crejanízat1on) I and js ~.,? ·:1(.1 i i..-;.;d ,......_9 it.s Cha rté'~r and Dy-L.;tT¡:::: to uti.11:P.e the proceeds of the '.'.'/ :::..:.1 c of P:1mpkins and C.hristmð~ Trees exclusively for charitable I):,¡ "!. rH~¡ ~~.\.."':' s , ~ U '~-!l a~ <:ontributions to Ule Delray B~ach Soap Box: Derby, D·.: 1 r:.::.:.y £'·(·(¡(;11 Fe:~t i 'J <.\1, Atlantic High School Scho1ar$hip~. Amorican (:~\¡·¡c._ r ':<,ç i oty I the Hdven and the Soup Ki t.chûn. I have been informed t.h<:1~ U1~ city COllnni::;,sion has gl.-~nt¡¿::l a waiv~r of sign permit fees in the past for charitable organization applicants. 'l'ha!"lk you for your consideration in this Ihatter. In the event you b "1-" fi' d n~' ql.~C::; t.i ons, YQU m~y contact ~e at (-~ 0 "I) 391-7992. Very truly yours, /;( /I /ê I::::. S _€':0n O. R bin, Dir~"'ctor S [.E/!:!) Ì! .,,,, ,,-, , . MEMORANDUM --.-----.---.--.-..------- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~~\ SUBJECT: AGENDA ITEM # q~ - MEETING OF OCTOBER 29, 1991 REQUEST FOR AESTHETIC ~~_~RºYAL/~Cºº~ALD'S RESTAURANT DATE: October 23, 1991 At your August 22, 1989 regular meeting, the Commisison approved a site plan request for McDonald's Restaurant, located east of the I-95 Interchange on Linton Boulevard, subject to conditions. One of those conditions was that when the children's playground area was developed 'Community Appearance Board (now Site Plan Review and Appearance Board) and City Commission action would be required for aesthetic reasons. McDonald's is now ready to develop the playground area on the northwest corner of their site. The Site Plan Review and Appearance Board at their September 25th meeting reviewed the elevations for the playground equipment. The Board felt that the equipment was too massive and too colorful. It was suggested that the equipment be "flipped-flopped" in the play area to so that the visual impact from the street would be minimized. The Board also requested that alternative play equipment be provided and that a monotone color scheme be pursued. Subsequently, the item was tabled to allow for additional information. At their October 9th meeting, the Site Plan Review and Appearance Board reviewed the rearranged alternative equipment with monotone colors. They recommended approval by a 6-1 vote. Recommend approval of the request for aesthetic approval of the playground area for the McDonald's Restaurant located east of the I-95 Interchange on Linton Boulevard. Ûp¡x~ C5n 0 &;;; /)~ /YJotùm t, .~ k¡ YlloíuV) ~ &¡ bfnoo/.-PH L!Jn0 e.r¿w5 c¡- If/ p Se.ií) ell ·ss EfJíl íJ9 ) // . f':¡A C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ZONING FROM: JANET MEEKS, PLANNER II~ SUBJECT: MEETING OF OCTOBER 29, 1991 REQUEST FOR AESTHETIC APPROVAL, McDONALD'S ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval to construct a children's playground area at McDonald's. The subject property is located east of 1-95, south of Linton Boulevard. The playground area is located at the northwest corner of the site. BACKGROUND: At its meeting of August 22, 1989, the City Commission approved a site plan request for McDonald's with conditions. One of those conditions was that when the children's playground area was to be developed, it would require Community Appearance Board (now the Site Plan Review and Appearance Board), and City Commission approval for aesthetic reasons. At its meeting of September 25, 1991, the SPRAB reviewed the elevations for the playground equipment. The Board felt that the playground equipment was too massive and too colorful. It was suggested that the equipment be "flipped-flopped" in the play area to be less impacting visually from the street. The Board requested that alternative play equipment be provided for review and that a monotone scheme be pursued. The item was tabled for additional information. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of October 9, 1991, the Site Plan Review and Appearance Board reviewed the alternative playground equipment with monotone colors. The Board felt it was an improvement over the first submittal and noted that the applicant has "flipped-flopped" the equipment as previously suggested. The Board approved the item on a 6-1 vote. ,,;" Or" City Commission Documentation Request for Aesthetic Approval, McDonald's Page 2 RECOMMENDED ACTION: By motion, approve the request for the addition of playground equipment at McDonald's. Attachments: * Site Plan, Elevations JCM/#8/McDonald.TXT .,,~ ~, .. ~:... 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I ..., _:. , l I ~ ---.- \ r~~=-= . \I '1 I- ~} E~~ "ì ~ I- '------c t , I- -- I - ~ : I- -- A I- --- - .' ~. ~~~~ - I - -- , - Ìh · 1 ~~ í --- - - ~ \) r-; I lJ)l~ -=r -- ,~~~~ r - \ -,--- ., ~ ~ ¡ ~r' II -, " , :"l~ i "'''' - .. f . -, I . - - -----.... - ! I ~ I ! I , ~\ r ~ -. ft ~ -~ ~ ¡ :ñ ~ ~ I ~ ~ , - U1 ~ ~~ 0 ~I : j ---I '0: I <{ , I' I Z i -'<IIti j . U')' I 0 ~ i ~ LLJ 0 Q ~ ~ u ~ ~ ~ ~ -, E y () CJ -ì'j z 'l ~ ~ r- ~i \ U1 L ~ ¡j ~ -- D tl â X iA"'~ 11\ W i ~ 0 <I '\ ,~ 1.2 Q i1 8d fI-I ~~ .I fJ t~ ~t df"o;od ~~ Q .ßI"" ~~ :itr ~ ~ :1._ .; \, . t; , '- L: __ .1 . oJ - . l < 3l -' W ...J ¡:: l - ==-==------ ..'" , " MEMORANDUM ------_.--- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~"¥¡v1 SUBJECT: AGENDA .ITEM # " ( - MEETING OF OCTOBER 29, 1991 REQUEST TO HOLD SPECIA~EV~~_~CHA~BER OF COMMERCE DATE: October 23, 1991 We have received a request from the Chamber of Commerce to hold their annual Harvest Fest on November 16 and 17, 1991 and the Holiday Pageant Parade on December 14, 1991. In addition to approval of the events, they are requesting permission to: ( 1 ) erect special event signs in the rights-of-way at the 1-95 Interchange and Linton Boulevard and Atlantic Avenue and Atlantic Avenue and AlA. (2) erect a banner on the building facade at 900 East Atlantic Avenue. (3 ) place tables and chairs in the right-of-way in front of the 1045 Building. Staff is recommending approval of requests 1 and 3. The Land Development Regulations restrict the use of banners to grand opening only¡ therefore, denial of that request is recommended. For the Holiday Pageant Parade, they have requested approval of the following items: ( 1 ) use of the Cit_y's large stage and waiver of the attendant rental fee, to include set up and removal of 50 chairs. (2 ) placement of the stage on the Old School Square grounds. (3 ) set up of vendors in the grandstand area. Staff recommends approval of these request. Recommend approval of the request from Chamber of Commerce to hold their annual Harvest Fest on November 16 and 1 7 , 1991 and the Holiday Pageant Parade on December 14, 1991 and approval/denial of special action items as recommended by staff, ~W/bU0 - ." . , , . Agenda It/em No.: AGENDA REQUEST Date: 10/23/91 Request to be placed on:" X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Approval of Special Event activities from the Chamber of Commerce Annual Harvest Fest and Holiday Pageant Parade ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: Determination of Consistency with Comprebens va 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: t9/ NO !ì/~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ".;" or" MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: APPROVAL OF SPECIAL EVENT ACTIVITIES REQUESTS FROM THE DELRAY BEACH CHAMBER OF COMMERCE - - DATE: OCTOBER 23, 1991 ITEM BEFORE THE COMMISSION: - - The Chamber of Commerce is requesting City Commission approval for two (2) Special Event Activities. The first being the Annual Harvest Fest, scheduled for November 16 & 17th and will be held on the grounds of the Waterway East property (900 E. Atlantic Avenue) and the property of the Atlantic Center (1000 E. Atlantic Avenue) . The second be~ng the Annual Holiday Pageant Parade, scheduled for December 14th. Approvals for use of City equipment and other items of permission are requested and are detailed below. BACKGROUND: In addition to the approval of the Special Event Activities identified above, the Chamber of Commerce is also requesting the following approvals and permissions: ANNUAL HARVEST FEST: (1) Approval to erect special event signs that are less than 20 sq. feet in the right-of-way at 1-95 and Linton, 1-95 and Atlantic Avenue and Atlantic Avenue and AlA. Permission to erect on November 1, 199I. Section 4.6.7 (D)(3)(j) provides for the permitting of special event signage by the CBO for signs that are less than 20 sq. ft. in area and such may be erected one week prior to the event. The use of right-of-way may be granted by the City Commi s s ion. Staff supports the approval of this request. (2) Approval to display a banner that is less than 20 square feet on the building facade at 900 East Atlantic or at another location on the property, banner sign to be erected on Nov. I. Section 4.6.7 (D) (3) (1) restricts the use of Banner signs to grand openings only. Staff recommends denial of this request. ..", Page 2 David Harden Chamber of Commerce/Special Events Approval Request (3) permission to place tables and chairs on the right-of-way in front of the 1045 Building to be used by Spinnakers to serve a "harvest" meal. Section 6.3.4 provides for a group of tables and chairs to be placed on public sidewalks for the consumption of food and beverages providing certain conditions are met. The Chamber is asking for a temporary use with the special event activity. Staff supports this request. HOLIDAY PAGEANT PARADE: (1) Permission to use the large stage - includes set up and removal and fifty chairs (50) to be located on the stage. Staff supports this request. (2) Approval to locate the stage on the Old School Square Grounds. Staff supports this request; OSS should also approve. (3 ) Permission to set up vendors in the grandstand area. Staff supports this request. RECOMMENDATION: We would recommend City Commission approval of the two (2) special event activities as proposed by the Chamber of Commerce and that the individual items associated with these activities be considered pursuant to staff recommendations. It should be noted that the only item staff has recommended denial of is the use of a Banner sign. LB:DQ d11 Harvest.CC/LCB ,,, . - . GREATER DELRAY BEACH October 4, 1991 Chamber of Commerce David Harden 1"'- ... - City of Delray Beach ·\\l'.:t ~'P~iE ., r.' r ....o!' 100 NW 1st Avenue OCT 'l 1991" Delray Beach, FI 33444 Dear Mr~~- ('IT ",; r 1Vi.4NAr'i:R' u~ S Orc/r" , .JL The Chamber of Commerce is in the process of organizing several major special events that will take place this fall. We request - permission and assistance in several areas as follows. The Halloween Fall Festival is scheduled for October 19-26. This includes the Window painting Contest (October '.9) , the Sidewalk - Sale (October 18 & 19), and Trick or Treating on the Avenue and the Kiwanis Children's Parade (October 26). We need city approval for: I-Merchants Sidewalk Sale, October 18 & 19. 2-Blocking the southern lane of the parking lot adjacent to the Chamber of Commerce to allow space for the individuals to participate in the Window Painting Contest on October 19. The Harvest Fest is scheduled for November 16 and 17 and will be held on the grounds of the Waterway East property at 900 East Atlantic Avenue and the property of Atlantic Center at 1000 East Atlantic Avenue. This Fourth Annual craft show, farmers market, petting zoo and educational event is erijoyed by over 15,000 spectators. We need city approval for: 1-Placing three event signs that are less than 20 square feet in the right of way at 195 and Linton Boulevard, 195 and Atlantic Avenue and Atlantic Avenue and AlA. We would like to install these signs by November 1. 2-Display of a banner that is less than 20 square feet on the building facade at 900 East Atlantic Avenue under the 900 that is there now or to attach it between two palm trees on the property. We would like to install the banner by November 1. 3-Placing tables and chairs on the right of way in front of the 1045 building so that Spinnakers can participate by serving a "harvest" meal. In addition to the Harvest Fest requests we invite the city to use this opportunity to promote their Parks and Recreation programs, the decade of excellence progress, the city recycling programs, the Bankers Row project and any other p,rojects or programs that you. would like to have recognized. There is no charge for display only exhibits. (continued) 64 S.E. FIFTH AVENUE. DELRAY BEACH. FLORIDA 33483 407 /278-0424 . FAX 407 /278-0555 Chamber Accredited by United States Chamber of Commerce ".,,< "., . . Dave Harden-page 2 The Holiday Pageant Parade is scheduled on December 14 and will begin at 6:00 p.m. We would like to add a grandstand to the festivities this year. Following their participation in the beginning of the parade, we would like the Mayor, Commissioners and other dignitaries to sit on the grandstand. We also plan to invite prominent citizens to sit on the grandstand. We would like to request: I-Permission to use the large stage, stage installation and removal. 2-Use of 50 chairs to be located on the stage. 3-Approval to locate the stage on the Old School Square grounds. 4-permission to set up vendors in the grandstand area. We would like to initiate discussions with the city on a transition from the Chamber of Commerce sponsoring the parade to it becoming a City sponsored event. We appreciate any assistance in the requests above. ~ William J. Wood President ".... · MEMORANDUM -.-.-------,....----..--- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/í"J'M SUBJECT: AGENDA ITEM '"' 'lL - MEETING OF OCTOBER 29, 1991 CONDITIONAL USE MODIFICA1'!9NLblVIOCOGASOLINE STATION DATE: October 23, 1991 We have received a request for a major modification to the conditional use for the Amoco Gasoline Station located on the northeast corner of N.W. 8th and Atlantic Avenues. The development proposal for this site includes the addition of a 792 square foot car wash facility and related foundation plantings. The plan also includes the installation of a chain link fence around the north and east perimeters, as well as, reconfiguration of the on-site retention area. The abandonment of approximately 30 feet of an east/west alley and relocation of an existing sewer manhole are proposed at the northeast corner of the site. The abandonment action is located elsewhere on your agenda. The area proposed for abandonment will be incorporated as internal circulation for the car wash. The Planning and Zoning Board at their October 21st meeting recommended approval of the modification subject to conditions. Recommend approval of a major modification, inclusion of a car wash, to the conditional use for the Amoco Station located at the northeast corner of N.W. 8th and Atlantic Avenues subject to the conditions as recommended by the Planning and Zoning Board. 11--' " . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: PAUL DORLING, PLA~R .,t~êJ ~I.) RE: MEETING OF OCTOBER 29, 1991 MODIFICATION TO THE CONDITIONAL USE APPROVAL FOR THE AMOCO GASOLINE STATION TO ALLOW ESTABLISHMENT OF A CAR WASH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a major Conditional Use modification to establish a car wash at the Amoco Gasoline Station. The affected property is the Amoco Gasoline Station at the northeast corner of N.W. 8th Avenue and Atlantic Avenue. BACKGROUND: The development proposal represents the addition of a 792 sq. ft. car wash facility and related foundation plantings. The accompanying (sketch) development plan also includes the installation of a chain link fence around the north and east perimeters as well as reconfiguration of the on-site retention area in which the car wash encroaches. An abandonment for approximately 30' of an east/west alley and relocation of existing sewer manhole are proposed at the northeast corner of the site. The abandoned area will be incorporated as internal circulation for the car wash facility. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the request at its meeting of October 21, 1991 and recommended approval (7-0) subject to the following conditions: 1. Site development is to occur in general compliance with the associated sketch plan subject to provision of 6' fencing extending south to the N.W. 8th Avenue driveway and code compliance. 2. Subject to processing and recording of a plat for the entire property. ,",,' ", ~ . City Commission Documentation Modification to the Conditional Use Approval for the Amoco Gasoline Station to Allow Establishment of a Car Wash Page 2 RECOMMENDATION: Approve the Conditional Use modification request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, Section 2.4.s(E)(5) and subject to the following conditions: 1. Site development is to occur in general compliance with the associated sketch plan subject to provision of 6' fencing extending south to the N.W. 8th Avenue driveway and code compliance. 2. Subject to processing and recording of a plat for the entire property. ATTACHMENTS: * Reduction of Sketch Plan * P&Z Staff Report Cover of October 21, 1991 PD/#43/AMOCO.TXT PLANNING & ZONING BOARD ~ITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: OCTOBER 21, 1991 AGENDA ITEM: CONDITIONAL USE MODIFICATION, ADDITION OF AN AUTOMATED CAR ~ASH ITEM: AT THE AMOCO STATION ON WEST ATLANTIC AT N.W. 8TH AVENUE. IILA. ~ . ... r¡; ~~S~ ~ '. '. ~ . . . . . . . . .' . _Z Z '. '. '. 0 ....... ] DJI]] . .' . .' . .' . . .' . .' . . . '. '. '. . ......... N (S.R. 806) ATLANTIC AVEUNE - ~ D~OIIIJ rnIllIIIJ] 3!BBJ~ ~I I Ii ¡"j ¡"j > 01( ~ ~ GENERAL DATA: Owner..... ............ ....... . Amoco Oil Company E. J. Cihocki Agent........................ .MDM Engineering Location......................On the northeast corner of Atlantic Avenue and N.W. 8th Avenue. Property Size................ .0.7632 Acres City Land Use Plan............Redevelopment Area '1 City Zoning................. ..GC (General Commercial) Adjacent Zoning...............North: GC East: GC South: GC West: GC Existing Land Use.............Gas Station Proposed Land Use.............Addition of an automatic car wash facility. Water Service.................Existing 12" water main along the north side of Atlantic Avenue and a 6" line along the west side of N.W. 8th Avenue. Sewer Service.................Existing 8" sanitary sewer line along the east side of N.W. 8th Avenue, and a 8" line from the TTT.~ . ."" . . , ~JqE TO e ~ ----~-==- ,HIS ':A~.fJ· L,)JTQA :\. - -- Þ \-JQ.....¡ _ c:.:TA ':: ß_.l.OII....( ;;; ___k:. Re.~fl ,s ~(.R.D 1Q.u?. -: :-... "~E..S '..... ~1L.5 :\J "'- .;o....¡ '- ')I-oU· C-2 II~ ~".e . ._ h.."" ~.¡J, 1 , _... =,..,.".. 70' 1 I u,_ .~-, b"" ",' ". .. c.· " .,~" < ",~""'''''- "" ' ' - ",,: ~ -'" ' _", " 0"'" fi' ".~;:;. ..,.;;'¿¡, ' ",,^, __ ___ ,I -- ,I : ~ I I :' ,<1 í ~,:'" ., II, -=- - ,.1_ ': r - ~. , ' I ' ~ , . , ~ 1 ... {; "1 .t t L! >.""; " I :.·._1' '" , ' ^, I " ~!-.¿. ," ~.. · C 't, · ~ , ." __.' <t , . ' ,..-- 0" ' I ' .", "'.' - ' %11 .........,.'" .j '1 I ,,1 . . t , \ . ~ 42 .. . ¡ t) ':J ~ . .. 3i \ ,: --- > .. ~ . : ! ! 'z ,<: I ,,' ~' .~xøt~ ~. -.¡. -- 'I'':, ~I - . ..; ;¡ ] .I'i Q - . 'I'" F' ' , I ,J, ~ .~ I ~ 5T v.sc ~ - I I 11 . < ,.," .., ~ - , . < ~ 'o" 'i. .'..- ' . I : ¡<II; I ¿ I I I~' ~~ '!"~'''" I fo1 " ., ' _' , ' ¡!1!J , ' . , L~ -~ " ' "," .. \ ' , I \, ,,~.~ ~.,J ..' .. " .. II' , ' . I ., < <" I . , . ---' Cx.~- '" 0 ( ".. - .<' ...".~ ." ...., --, ,'.,""'- _ 'l-f-:: .- c ~()I._, Ot"$~- . 1-' __:::_ ~..:. ._ _ ,'o/'Þ.J o()l . , ., .. ~.. ., ", , I .'WL - 70- .0:-- ' ¡ " ATLANTIC AVE - ==- "\: '2' :.,--:- - , ' "" ' --- -- ___ i _._-ti: . 'f.. k, ,1 .'. · MEMORANDUM --"-.---- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p;v1 SUBJECT: AGENDA ITEM # qJa1 - MEETING~OF OCTOBER 29, 1991 TEMPORARY TENT PERMIT/REºº-~~t_XOR WAIVER DATE: October 23, 1991 We have received a request from Unity School and Happy Holiday Christmas trees for a temporary tent permit to erect a tent at 1640 S. Federal Highway (Delray Mall) from November 10th through December 31st for the purpose selling Christmas Trees. They have also requested a waiver of all permit fees. With regard to the temporary tent permit, the Commission has approved similar requests in the past. All the necessary permits and requirements have been applied for and approved. The waiver of the permitting fees will be at the Commission's discretion. Previously, the Commission has waived fees for the Drug Abuse Foundation and for the relocation of the Sundy House to the Morikami Museum, however, those fees were development related. Waivers have also been granted for reduction of the charitable solicitation fee. Recommend approval of the temporary tent permit for Unity School and Happy Holiday Christmas Trees and consider waiving the associated permit fees. "" . . . Agenda I t¡em No.: AGENDA REQUEST 10/22/91 Date: Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10/29/91 Description of agenda item (who, what, where, how much): Request to erect a tent and waive permit fees for Unity School 1640 S Federal Highway, November 10th - December Jl, 19~1 Selling Christmas trees ORDINANCE/ RESOLUTION REQUIRED: YES/'(i) Draft Attached: YES/NO Recommendation: Commission action Department Head Signature: ~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: g/ NO l~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT æ' SUBJECT: TENT APPROVAL AND FEE WAIVER FOR UNITY SCHOOL - -- - DATE: OCTOBER 22, 1991 ITEM BEFORE THE COMMISSION: - - Commission consideration is requested to permit the erection of a tent from November 10th through December 31st for the purpose of selling Christmas trees. A waiver of all permit fees has also been requested. BACKGROUND Ms. patricia Shapins of Unity School and Happy Holiday Christmas Trees are requesting approval to erect a tent from November 10th through December 31, 1991 for the purpose of selling Christmas trees. They are also requesting that all permit fees be waived since Unity School is a not-for-profit organization. The tent will be located at 1640 S. Federal Highway (Delray Mall). The property owner has granted permission to the school to use the property for this purpose. In accordance with Sec. 2.4.6 (H) of the Land Development Regulations, with Commission approval, the erection of the tent is permitted since the purpose is to protect the public from the elements during public assembly. The necessary permits and requirements have been applied for and approved. RECOMMENDATION The Department of Community Improvement recommends approval for Unity School and Happy Holiday Christmas Trees to erect a tent from November 10th - December 31, 1991 to be located on vacant property at 1640 S. Federal Highway for the purpose of selling Christmas trees. Commission consideration of the policy decision concerning waiver of fees for non-profit organizations would apply in this case. LB:DQ cc: Permit #91-12943 d/10 Tent91.HH - . . U nity Schoolu\¿¡~[Q) f FINANCIAL DEVELOPMENT -,"r '. r: ,.. ,..", I ;) , ~ ",., '''>,'¡''''''C:ION !JU lj\j lj\j ,..A,,,,,..........., .; October 10, 1991 _"=_ ~.,~/ School Director Maria Barber Advisory Council Chairman _ Deane ElIis Casey Steinhart, Chainnan Elecbel ray Beach Ci ty Commissioners 100 N.W. 1st Avenue Financial Development Del ray Beach, Florida 33444 Patricia Shapins Dear Commissioners, Endowment Fund Inc. , h 1 f f ' .. h I d . Un~ty Sc 00 , a not or pro ~t organ~zat~on, as p ace a Roardo/Dlrectors d request before the ci ty to allow us to sell Christmas trees Michael Tieman Pres; ent.. .. M h II D .JIi' P ..1 tW1 th the aSS1S tance of Happy Hollday Ch rlS tmas Trees, at the ars a uane, Ice resluen . . PatriciaShapins, SedTres Del ray Beach Mallon the corner of Fede ral H ~ghway and L~ nton Deane Ellis. Honorary MemberB 1 vd . Iim Abbott Goo~eAn~r.wn We would like to request that all fees for this purpose roAnnHMker including: Building permit fees, sign fees and electric RRodnTPeMOY hook-up fees, be waived. As a charity, the savings on these ° ennyson f· 11' b f . d Melba Urbanek ees Wl dl rectoy ene 1 t au r s tu ents. usso Sincerely, i Jo Ann Harker. President Il j' A. ~_/ . Jan Ganesh . - ~~ ? ..-- Carol Hurst Elizabeth Tennyson Patricia Shapins, Linda Eckelson Director Financial Development Elaine Sorensen Pat Lewis Debbie KelT Patricia Sbapins Lauryl TidweII Annual Fund General Chairpersons Larry & Maxine Sindledecker Preschool Chairpersons Gerry & Sheila Zloczover Elementary School Chairpersons Selva & Ian Ganesh Middle School Chairpersons Don Rathbun & Donna Devinney Grandparents Chairperson Mr. & Mrs. Edward Hazard Alumni Chairperson Justin Zacks 101 N.W. nnd Street · Delray Beach · Florida · 33444 (407) 276-4414 · Fax # (407) 276-5755 '-..L.a.! V' LI L '-' n.J"\ '" UL/"'\\"..¡J . ~ CITY OF DELRA Y BEACH (407) 243-7200 Community Improvement Department DEPARTMENT USE ONLY APPliCATION FOR BUILDING PERMIT Pern~it No. Date Plan Ck. No. PLEASE PRINT ALL INFORMATION Park & Ree. Radon Fee Date LOCATION OF BLDG. OTAl FEE Lot No TYPE OF IMPROVEMENT: PlAN CK. FEE TYPE OF CONSTRUCTION o New Structure BALANCE FEE o Addltron o Alteration Type of Occupancy o Repair Zoning District o Demol~ at>ther: Flood Zone Signature DIMENSIONS: Plan Square Feet Date PROPOSED USE: No. of Stores o (For Dernollt"'" Show Most Recent Use) Engineering RESIDENTIAL: Building Height o One Family line/. SertJI-detached. Row. Town) BLDG. OR IMPROVEMENT VALUATION: Signature o Two or More Families $ 00 No. of Dwelling Units: ?-. - Date o Garage Carport Planning (Site Plan) o Other Specify ) 'D 1 ~L h..\l\\C¡ I NON-RESIDENTIAL: H - Signature o Industrial ~ffice (Bank. Professional) Date eta" (Store. Merchantlle) Fire Department o Storage o Assembly T ~ Signature o Other SpeClfy~ ,-,.,,,,- µ The undersigned applrcant hereby request that a Date building permit be Issued on the basIs of and subject to the herem set forth mformatlon as PALM BEACH CO. IMPACT FEES: BUilding Department supplemented with the understanding that all en~C) DELRAY BEACH. FLORIDA Plumbing. Parks: 2a:z Mechanical. Building. Electncal and Zonmg Z~Õ Signature reqUirements shall be completed whether specified c:( ~ In this application and accompanied with plans or Law Enforcement· J:O- Oa:::I Date not I understand that a separate permit must be WQ.IZI secured for any of the following Items shown on the ~ Landscaping Schools wWa: attached pJans well. plumbing. electrical signs. ~J:O soakage pitS. boiler Of sewage Plans and ~IL specifications for such structures ale attached and I Public Buildings ~~W Signature agree to comply to all Federal Slate. County and City laws. rules. regulations. and resolutions i!:í2 regulating construction and z mg and further Road Impact Fees >::I~ Date state t Violation eXist e property al this ~fß~ SPRAB or COA hm ~a:C), . SETBACKS: OZZen Front Oc:(>=!ž Signature OOc:(W ~~Q.~ Date Rear W W a:~a:> Board of Adjustment Side ::I wO ~ZZa: Side' <w~Q. AD 19~ 'I ¥-:::¡O~ Signature Nota~ PUbliM¥é'~ .Iii WORKER'S COMPENSATION NO. Date St. ~oR . '1:. MY COMMISSION EXP. DEC.l0.1993 Property control number must be on permit BOHDED TKRU GEKERAL. INS. UH~ea application Permit expires If constru<1lon IS not begun within Description of Work: T t:: f1PcP-RM C¡>.-fu"""¡ i ~ ß¿- et2-~c......-ÞJ'} 180 days. Plans must be on job before inspection will be made. f=ëil- ~S.\M~ ~ (;;;" S~ At least one inspection to be made every 100 dayS or permit expires. Certificates of occupancy must be obtained from department before using completed structure. Name Mailing Address: Number. Street. City. State Zip Code Telephone "I.) ~'7"'. Owner "3 Contractor LIC No: Architect lie No I Engineer t 'r N,... ..", · \ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ;11 SUBJECT: AGENDA ITEM :1* qM - MEETING OF OCTOBER 29, 1991 AGREEMENT FOR THE DEVELOPMENT OF THE DONNELLY PRESERVE DATE: October 25, 1991 This item is before you to approve an agreement with William Swaim and Associates, Inc. for the development of the Donnelly Preserve located at Bond Way and Palm Trail, Provisions of this agreement include: (1) City's waiver of all development related fees. (2 ) A request for the City's assistance in obtaining required permits and approvals from other governmental agencies, to include approvals from the Nature Conservancy. (3) An acknowledgement that as the City is not paying for, or hiring contractors to develop the Preserve Property; public competitive bidding for contracts to design the property shall not be required. Additionally, Mr. Swaim has agreed to indemnify and defend the City in cases of injuries or damage to the property. The City will also insure that any contractor will meet the insurance requirements generally required for any City construction project. Recommend consideration of an agreement with William Swaim and Associates, Inc. for the development of the Donnelly Preserve property. ~~ Q.¿) ~ ,5-0 "'," [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407!278-47S5 Writer I s Direct Line (407) 243-7090 MEMORANDUM -,-,------ Date: October 24, 1991 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: pev~lo£ment of Donnelly Preserve Property For" your approval is an agreement between William Swaim & Associates, Incorporated and the City for the development. of the preserve property located at Bond Way and Palm Trail. This propert-Y was recently deeded to the City by the Count.y. As this property is subject to a covenant controlled by the nature conservancy, i·t must remain a "passive park. II Swaim will develop the proposed nature preserve as indicated in the attached plan. No existing mangroves will be disturbed. The City will not be expending any funds to develop this preserve, therefore, the agreement indicates that t.he City acknowledges that competitive bidding for design and construction contracts is not necessary. Finally, Swaim has agreed to indemnify and defend the City in cases of injuries or damage to the property. '1'he City will also insure that any contractor' will meet the insurance requirements for any City construction project. The development plan attached to the agreement lS only conceptual, and the boardwalk may not exist in the final plan. DNT:sh Attachments donnelly.txt · PARK DEVELOPMENT AGREEMENT THIS PARK DEVELOPMENT AGREEMENT ( "Agreement" ) is made and entered into this ____ day of , 199__, by and between the CITY OF DELRAY BEACH, a Florida corporation ("City") and WILLIAM SWAIM & ASSOCIATES, INCORPORATED, a Florida corporation ("Swaim"). WIT N E SSE T H: WHEREAS, Swaim is contract vendee of certain real property which is located in the City of Delray Beach, Florida, and which is more particularly described on Exhibit "A" attached hereto ("Swaim Property"); and WHEREAS, the City owns property adjacent to the Swaim Property, which City property is subject to deed restrictions in favor of the Nature Conservancy, and which property is more particularly described in Exhibit "B" attached hereto ("Preserve Property"); and WHEREAS, Swaim has offered to develop the Preserve Property as a neighborhood nature preserve, substantially in conformance with the conceptual development plan attached hereto as Exhibit "e" ("Development Plan"), sUbject to the conditions contained herein, which neighborhood nature preserve would be available for the use and enjoyment of the citizens of the City; and WHEREAS, the parties desire to enter into this Agreement to provide for the development and operation of the Preserve Property as a neighborhood nature preserve and to legally bind each other to the terms hereof. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($IO.OO) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Preparation and Approval of Plans and Specifications. (a) Swaim shall prepare plans and specifications for the development of the Preserve Property ("Plans and Specifications"). The Plans and Specifications shall be substantially consistent with the Development Plan. 1 F /1 030DI4/9 · (b) within forty-five (45) days of the submittal of the Plans and Specifications, the City shall make a final determination regarding the approval or denial of all applicable City permits for the development of the Preserve Property. The City hereby agrees to waive any and all application, approval, permit and inspection fees for development and construction of the Preserve Property. (c) Swaim shall obtain approval of all applicable permits required for development of the Preserve Property with the exception of the permits and approvals issued by the City which are provided for in the paragraph above. The City hereby agrees to cooperate with Swaim in obtaining the necessary permits and approvals from other governmental agencies for the development of the Preserve Property. (d) Swaim shall be responsible for obtaining approval from the Nature Conservancy, as required by the deed restrictions on the Preserve Property, for the development of the Preserve Property. The City hereby agrees to cooperate with Swaim in obtaining the necessary approvals from the Nature Conservancy. 3. Construction of Improvements. The parties agree that Swaim shall have no obligation to develop the Preserve Property, or to prepare the Plans and Specifications until the City takes title to the Preserve Property, and until Swaim takes title to the Swaim Property, and until approval by all applicable governmental agencies of the final plat for the Swaim Property. The parties further agree that Swaim shall be entitled, if necessary, as part of the development of the Preserve Property, to use the Preserve Property to satisfy the mitigation requirements of all governmental agencies other than the City resulting from the development of the Swaim Property. 4. Public Biddinq Not Required. The parties acknowledge that because the City is not paying for, or hiring contractors to develop the Preserve Property, pUblic competitive bidding for contracts to design or develop the Preserve Property shall not be required. 5. permi ts and Approvals. The parties acknowledge that in order to develop the Preserve Property, Swaim will require governmental approvals and permits. Accordingly, the City hereby agrees to cooperate with Swaim in processing any and all applications and plans necessary for the approvals and permits for the Preserve Property. 6. Indemnification. Swaim hereby agrees to defend, indemnify and save harmless the City, its officers, agents and employees, from or on account of any claims, losses, injuries or damages, received or sustained by any person or persons 2 F /1 03DDM/9 during or on account of any operations with the development of the Preserve Property; or by or in consequence of any negligence (excluding the sole negligence of the City) , in connection with the same; or by or on account of any use of any improper materials or by or on account of any act or omission of any contractor or contractors hired by Swaim to develop on the Preserve Property ("Contractor" ) or said Contractor's subcontractors, agents, servants or employees. Swaim shall defend, indemnify and save harmless the City, its officers, agents and employees, against any liability arising from or based upon the violation of any Federal, state, County or City laws, by-laws, ordinances or regulations by the Contractor, his subcontractors, agents, servants or employees. Swaim shall further defend, indemnify and save harmless the City from all such claims and fees and from any and all suits and actions of every name and description that may be brought against the City on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Swaim shall defend at its own expense or shall provide for such defense, at the City's option, against any and all claims or liability and all suits and actions of every name and description that may be brought against the City which may result from the operations and activities under this Agreement whether the construction operations be performed by the Contractor, his subcontractor or by anyone directly or indirectly employed by either. This indemnification shall include all costs and fees including attorneys' fees and costs at trial and appellate levels. 7. Contractor's Insurance. (a) General. Swaim agrees that the construction contracts for work on the Preserve Property shall include insurance of the types and to the limits specified in this paragraph 7 of this Agreement. (b) Notice of Cancellation and/or Restrictions. The required policy(ies) shall be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. (c) Coveraqe. Except as otherwise stated herein, the amounts and types of insurance shall conform to the following minimum requirements: (1) All subcontractors shall maintain Workers' Compensation insurance during the period said subcontractors are working on the Preserve Property. Coverage shall apply for all employees up to statutory limits in compliance with applicable State and Federal laws. The Contractor shall 3 F/103DDM/9 ",.," defend, indemnify and save the City harmless from any damages resulting to the City for failure of the Contractor or any subcontractor to obtain or maintain such insurance. (2) Employers' Liability coverage with statutory limits of $100,000 per accident and $500,000 aggregate. (3) Comprehensive General Liability or Commercial General Liability coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability Policy filed by the Insurance Services Office, and must include: (A) Minimum Limits of total coverage of $500,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (B) Premises and/or Operations. (C) Independent Contractor. (D) Products and/or Completed Operations. (E) Broad Form Property Damage including Completing Operations. (F) Broad Form Contractual Coverage applicable to this specified Agreement, including any hold harmless and/or indemnification agreement. (G) Personal Injury coverage with employees and contractual exclusions removed. (H) Additional Insured. The City is to be specifically included as an additional insured on the Comprehensive General Liability or Commercial General Liability policies provided for herein. (I) The contractor shall require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the ¡ type and in the same amounts specified herein, or Swaim shall cause the contractor to insure the activities of subcontractors in the contractor's own insurance policy. (3) Business Auto Policy. Coverage must be afforded on a form no more restrictive then the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: 4 F 11 03DDM/9 (A) Minimum limit of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (B) Owned Vehicles. (C) Hired and Non-Owned Vehicles. (4) Best's Ratinq. A current rating of no less than B+ 12 by Best's Rating Service is required for any carriers providing coverage required under the terms of this Agreement. No work under the Agreement shall commence until all insurance required under this Agreement has been procured and the City has been supplied with certificates of insurance and such certificates have been approved by the City. Swaim shall cause the contractor to be responsible for, obtain and file insurance certificates on behalf of its subcontractors. 8. Reliance and Remedies. The parties agree that the arrangement set forth in this Agreement is unique and a breach of this Agreement may not be susceptible to monetary damages, and therefore, it is specifically hereby agreed that this Agreement may, in addition to any other remedies available at law or in equity, be specifically enforced in a court of competent jurisdiction. 9. Miscellaneous. (a) Due Diliqence. The parties covenant that each party shall immediately commence all actions necessary to fulfill its obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. (b) Entire Aqreement. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings between the parties hereto, and supercedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. (c) Pronouns: Headinqs. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, and to the identity of the party or parties, personal representatives, successors or assigns may require. The section headings contained in this Agreement are inserted for convenience and shall not affect in any way the meaning or interpretation of this Agreement. (d) Severability. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement. 5 F 11 03DDM/9 ~I ,~ (e) CounterDarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one in the same instrument. ( f) Governinq Law. This Agreement shall be construed in accordance with the laws of the state of Florida, and any proceeding arising between the parties in any manner pertaining this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. (g) Attornev's Fees. Should either party hereto bring an action against the other party hereto to enforce the terms and provisions hereof, the party prevailing in such action shall be entitled to a judgment against the other party for said party's reasonable attorney's fees and costs. (h) Amendments. This Agreement may not be modified or terminated orally, but only in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF DELRAY BEACH, a Florida municipal corporation By: Mayor By: City Manager ATTEST: City Clerk Approved as to Form: City Attorney 6 F /1 03DDM/9 ;U'" STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared as and as of the City of Delray Beach, Florida, a municipal corporation of Florida, and acknowledged they executed the foregoing Agreement as the proper officials of the City of Delray Beach, and the same is the act and deed of the City of Delray Beach. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at Delray Beach, in the state and County aforesaid on , 1991. ( SEAL) Notary Public My Commission Expires: 7 F/103DDM/9 "-,, WILLIAM SWAIM & ASSOCIATES, INCORPORATED By: WILLIAM SWAIM STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me, a Notary Public duly authorized in the state and County named above to take acknowledgments, personally appeared, WILLIAM SWAIM, to me known and known to me to be the person described as the President of WILLIAM SWAIM & ASSOCIATES, INCORPORATED, who signed the foregoing instrument as such person, and acknowledged the execution thereof to be his free act and deed as such person for the uses and purposes therein mentioned, and he affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the State and County last aforesaid this day of , 1991. ( SEAL) Notary Public My Commission Expires: 8 F/103DDM/9 '""'I - LIST OF EXHIBITS EXHIBIT A - Legal Description of Swaim Property EXHIBIT B - Legal Description of Preserve Property EXHIBIT C - Conceptual Development Plan for Preserve Property 9 F/103DDM/9 ~~ ," - /! " ... L_ xII; /3/ T A TT .A.CHMENT . --.,. - LAND DESCRIPTION: THE ANCHORAGE LOTS 16 TO 24, INCLUSIVE, BLOCK "A" ; LOTS 16 TO 24, INCLUSIVE, BLOCK "B"; AND LOTS 1 TO 6, INCLUSIVE, BLOCK "C", OF PLAT ~JO. 3, "ROYAL PALM GARDENS", ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PA LM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21 AT PAGE 57; AND ALL THAT PART OF LOT- 1 OF "HARRY SEEMILLER'S SUBDIVISION" OF PART OF LOTS 36, 1 , 2 AND 3, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COUPT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 72, PALM BEACH COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER Or: LOT 18, BLOCK "c" OF "LA HAC I ENOA", AS SHOWN ON PLAT RECORDED IN PLAT BOOK 15, AT PAGE 6, PALM BEACH COUNTY RECORDS; THENCE NORTH AT RIGHT At--IGLES TO THE NORTH LINE OF SAID LOT 18, A DISTANCE OF 8 FEET TO THE NORTH LINE OF ALLEY AS SHOWN ON PLAT OF "LA HACIENDA", WHICH IS THE POINï OF BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH AT RIGHT ANGLES TO THE NORTH LHJE OF "LA HACIENDA", A DISTANCE OF 239 FEET, !'-10RE OR LESS, TO THE NORTH LINE OF LOT 1 OF SAID "HARRY SEEMILLER'S SUBDIVISION" ; THENCE EAST ALONG THE NORTH LINE OF LOT 1 OF SAID "HARRY SEEMILLER'S SUBDIVISION" TO THE WEST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTHERLY ALONG THE WEST RIGHT- OF-WAY LINE OF THE INTRACOASTAL WATERWAY TO THE NORTH LINE OF "LA HACIENDA" ; THENCE WESTERLY ALONG THE NORTH LINE OF "LA HACIENDA" TO THE POINT OF 8EGINNING, LOTS 20 TO 27, INCLUSIVE, AND LOTS 29 TO 34, INCLUSIVE, BLOCK "C"; LOTS 21 TO 27, INCLUSIVE, AND LOTS 29 TO 34, INCLUSIVE, BLOCK "E"; AND ALL OF BLOCK "F" OF "LA HACIENDA", A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1 5 , PAGE 6 OF THE PUBLIC RECORDS OF PAL'" BEACH COUNTY, FLORIDA, AND THAT CERTAIN PARCEL OF REAL PROPERTY SHOWN ON THE PLAT OF "LA HACIENDA", A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 15, AT PAGE 6 OF THE PUBLIC RECORDS OF PALM a~ACH COUNTY, FLORIDA, WHICH PARCEL IS DESIGNATED "LAKE" AND WHICH LIES BETWEEN LAKE AVENUE "N" AND LAKE AVENUE "S", AND WHICH SURROUNDS BLOCK "F" AND LAKE TRAIL IN SAID SUBDIVISION, INCLUDING EASEMENTS, RIGHTS-OF-WAŸ AND ALLEY RIGHTS-OF-WAY AS SHmm ON RECORDED PLATS, AND SUBJECT TO THAT CERTAIN SPOIL DISPOSAL EASE- MENT OVER THE PROPERTY IN "ROYAL PALM GARDENS" IN FAVOR OF THE UNITED STATES OF AMERICA, RECORDED IN DEED BOOK 852, PAGE 256 AND IN DEED BOOK 858, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 134556A. 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O roM t' ~ .J ~ - ....;. .~,-,' ;:II: "'C -. ~ , ".~.' . . f..... ~ ' ":.: - _ .... . ._. ., ' 0 -"""'''' .' . ~c: . ~..",.- .... o )0 . .f' a .',' ~'''' ," >!,.:,.,) ":,"- Or- 1 ~ ~ ,~" '. :~ ~ . .. ~.'. ~:--r- -....: ......' ,. I;":' 0'" ~,.,r"·"""i'" _...m·. "I ~ -,--..'. . 'I" .... .; Z > 'f.ì.'/\Tê:"'~"':... - \.. .' '. . " :> z ,'.: ..... ";";;; ~"r' . . .' .... ....¡ I ....- -- . .' '. . .. .. . . ^. c: -0 ~'~ :-. ..... ."." .' . '.."".7 - . :.~, "" - . . . , m - " '. o " .. -'. . ' ~ ó / . ...>.... , i' ~-; . ~ _.. ,..... ,-".~'~ J<1' -", A" ~ . ~8 . ~'I~<. ..~~u1~ (~ < ,,"",,-." . '. .," . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L 1)1_1 SUBJECT: AGENDA ITEM # 9 0 - MEETING OF OCTOBER 29, 1991 LICENSE AGREEMENT ISAN CHART~R$~NC. D/B/A STILLWATER CRUISES DATE: October 25, 1991 This item is before you to approve a ten year license agreement which will allow ISAN Charters, Inc. to operate a recreational cruise boat operation at Veteran's Park. During years 1- 5 the City will receive $8,400 per year and years 6-10 $12,000 per year. In addition, the City will receive a supplemental fee of .50¢ for each passenger over 16,800 passengers carried on the vessel during the preceding year. This agreement also provides for the City to relocate the boat at its discretion. If the relocation is ordered during year one, the City would pay the costs. After year one, the parties would equally share the costs. Finally, the licensee will not be able to dispose of sewage on site. Recommend consideration of the license agreement with ISAN Charters. ~ If 10 / (~~) 11 /.03 - oÚdß- u f7 0 n - &m ff)E.£r,¡ '¡:¡..¡ II ..,,// ú.... '"'" [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 2()O NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACS!1\!JLE 407!278--i755 Wr~t_r·. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: October 25, 1991 To: City Commission David Harden, City Manager ~ From: David N. Tolces, Assistant City Attorne Subject: License Agreement for Boat at Veteran's Park/ISAN Charters For your approval is the License Agreement with ISAN Charters, Inc. This is a ten year license agreement which will allow ISAN to operate a recreational cruise boat operation at Veteran's Park. During years l-s, the City will receive $8,400.00 per year, and in years 6-l0, the City will receive $12,000.00 per year. In addition, the City will receive a supplemental fee of $0.50 for each passenger over 16,800 passengers carried on the vessel during the preceding year. Captain mark will be mooring his boat at the park at a location where mooring pilings previously exists. It is anticipated that the Department of Environmental Regulation will allow the installation of these replacement pilings without any further permitting. The agreement also provides for the City to relocate the boat at its discretion. If the relocation is ordered during year 1, the City would pay the costs. After year 1, the parties would equally share the relocation costs. Finally, Captain mark will not be able to dispose of sewage on-site. If, at the time Veteran's Park is renovated, a sewage line is proposed in the park, negotiations may occur regarding a possible hook-up. DNT: sh Attachment isan.txt cc: Kathy Stokes "," Florida Department of Environmental Regulation Southeast District . 1900 S. Congress Ave., Suite A . West Palm Beach, Florida 33406 Lawton Chiles, Governor Telephone: 407/433-2650 Carol M. Browner, Secretary Fax: 407/433-2666 1 OCT 2 It 1991 I Mr. Dane L. Mark Stillwell Cruises 3400 Lakeview Blvd. Delray Beach, FL 33445 Dear Mr. Hark: This is to acknowledge receipt of your application, File #502039256 for a permit to moor a cruise vesel in the Intracoastal waterway adjacent to Veterans Park, Delray Beach. The vessel will be attached to five existing pilings located at the south end of the park immediately adjacent to the bulkhead. Boarding and departing the vessel will be accomplished by utilizing a gang plank. At this time, no Department permit is required for your project-,-ª~ it meets the exemption criteria outlined in F.A.C. Rule 17-312.050(1)(i). Any modifications in your plans should be submitted for review as changes may result in permits being required. This letter does not relieve you from the need to obtain any other permits (local, state or federal) which may be required. A copy of your application has also been sent to the Department of Natural Resources for review. Consent of use of State-owned land may be required from the Department of Natural Resources prior to construction. For further information, you may contact Mr. Don Kiern at 407/433-2680. If you have any questions, please contact the undersigned of this office, at 407/433-2650. When referring to this project, please use the file number and name indicated. Sincerely, / J[ :---r c, ì .' ;' / 'y "',,-- LC- . \..> /J Larry 0'· Donnell Environmental Hanager Water Hanagement Program LO/rh:l'f4 cc: DNR . Recycled 0\ /'''/,er ." LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF DELRAY - BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "City") as Licensor and ISAN Charters, Inc. d/b/a Stillwater Cruises (hereinafter referred to as "Licensee"), WIT N E SSE T H: WHEREAS, the City, pursuant to its Home Rule Powers and pursuant to Chapter 92 of the Code of Ordinances of the City of Delray Beach, has the power to permit the mooring of boats to any real and personal property which is owned by the City; and, WHEREAS, the City has been approached by Stillwater Cruises for the purpose of operating a cruise boat operation out of Veteran's Park and, WHEREAS, the City believes it to be in the best interest of the citizens of Delray Beach and the redevelopment of the downtown area to allow such operation. NOW, THEREFORE, in order to carry out the purposes of the offer and acceptance, the parties hereto covenant and agree with each other in accordance with the provisions hereof: ARTICLE 1 1.01. Term: The City hereby licenses to Licensee for a term of ten (10) years beginning on the date of the .. City's receipt of the Notice of Commencement of the cruise ship operation as further described in Paragraph 5.02 of this Agreement, the premises described in Article 3.01 hereof for the operation of a cruise boat and restaurant operation as described in Paragraph 1.02. 1. 02 . Purpose: The purpose of this Agreement is to provide for the operation of luncheon and dinner and/or sight- seeing excursions and cruises from the site described in Section 3.0!. The scope of the operation will be limited to the aforesaid cruises, sale of admission tickets for such, food and beverage sales and sale of private charters for such cruises on the excursion vessel. 1. 03. License Agreement: The intention of the dtJ~ítð parties is to create a license for ~ non-commgraiad use of dock space only. This Agreement confers no lease-hold interest and should be construed by a court of competent jurisdiction to be a license Agreement only. ARTICLE 2 2.01. Title to Improvements: Title to all improve- ments made and alterations constructed or installed on the premises described in Paragraph 3.01 shall at all times during the effective period of this agreement remain and be the property of the City. 2 .. ARTICLE 3 3.0l. Legal Description of the Licensed Premises: All of Block 132, according to Plat of the Town of Linton, now Delray, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, State of Florida, containing 4.48 acres more or less. The exact location of the boat mooring, pilings and other attendant improvements within the licensed premises shall be approved by the City. ARTICLE 4 4.0l. License Fees: A. Monthly Payment During the first five (5 ) years of this license agreement, Licensee shall pay the City an annual payment of $8,400.00 payable in equal monthly payments of $700.00 per month. In years six through 10 of this agreement, Licensee shall pay the City an annual payment of $12,000.00 payable in equal monthly payments of $1,000 per month. The monthly payment shall be made without billing on the first of the month following the day of the notice of commencement as required in Paragraph 5.02 and on the first of each month thereafter. B. Supplemental Fee In addition to the above referenced monthly payments, the Licensee on an annual basis shall pay to the City an amount equal to fifty cents for every passenger over 16,800 passengers 3 ." that was carried on the Licensee's vessel during the proceeding year. Such payment shall be due within thirty (30) days of the annual anniversary date of the notice of commencement as required in Paragraph 5.02. 4.02 Monthly Passenger List: Within the first ten (10) days of a month, Licensee shall provide the City with a report in a form acceptable to the City showing the total number of passengers carried on the vessel during the previous month. 4.03. Taxes: The Licensee shall be liable for any and all taxes which are or may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority, including, but not limited to, sales and use tax. 4.04. Payment of Fees: The Licensee shall pay all license fees and charges and submit all reports required by this License Agreement to the following: Joseph Safford Finance Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 In the event Licensee fails to pay any of the license fees or charges as required to be paid under the provisions of this License within thirty (30) days after the same shall be due, interest at the rate of one and one/half percent ( 1 1/2%) per month shall accrue against the delinquent payments until the same are paid. (Implementation of this provision shall not preclude the City from terminating this License Agreement for 4 ". default in the payment of license fees or charges, or from enforcing any other provisions contained herein). 4.05. Reports and Records: A. The Licensee shall maintain during the term of this License Agreement all books of account, reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Agreement. B. Licensee shall allow the City or the auditors of the City to inspect all or part of the compilation procedures for the aforesaid annual reports at reasonable times and places. Said inspection is at the sole discretion of the City. C. Any and all records, receipts, and documents related to gross receipts as defined herein of the Licensee shall be available to the City and the City's auditors at a reasonable location in Delray Beach, Florida, for a period of five ( 5 ) years after the end of any license year. ARTICLE 5 5.0l. Facilities to be Provided by the City: The City will permit the use of its existing parking areas adjacent to Veterans Park on an "as available" basis for use by patrons and employees of Licensee. The City will license the premises for the purpose of dock space, pedestrian ingress and egress to the ship by Licensee's passengers, invitees, employees and agents, over the licensed premises. Such ingress and egress and dock space is to be used at the sole risk of the Licensee. 5 .'. The city shall not be liable for the care or the protection of the ship, including its gear, equipment, appurtenances or contents. City expects Licensee to have made suitable arrange- ments for safe, sheltered anchorage during tropical storms or hurricanes, and Licensee warrants such arrangements have or will be made. Licensee may not assume that City's premises will be a safe, sheltered anchorage during tropical storms or hurricane or an emergency. City, at its sole discretion, reserves the right to remove or evacuate vessels at the Licensee's risk and expense. Undertaking to move or evacuate a boat shall not be deemed an assumption or responsibility for the safety, security and care of Licensee's boat by City, nor shall City be deemed a bailee of the boat. 5.02. Facilities to be Provided by Licensee: A. The Licensee shall commence operations and provide within twelve (12) months of the City Commission's approval of this Agreement, one shallow-draft, riverboat type of excursion vessel with a passenger capacity of 150 to 250 persons of a length not to exceed one hundred feet (100'), meeting all safety standards and licensing requirements of the United States Coast Guard, and capable of providing daytime luncheon and dinner and/or sightseeing excursion. Licensee shall give the City thirty (30) days notice prior to commence- ment of the operation of the cruise boat. B. If needed, as determined by Licensee, the Licensee will provide a suitable on-site office building. All site improvements shall be at Licensee's own expense, 6 ." including, but not limited to, pilings, docks, seating areas, landscaping, garage dumpster, and additional parking area, if needed. C. Architectural and landscape designs shall be subject to review and approval by the City. D. Site plan shall be subject to review and approval by the City. E. Construction shall meet all applicable codes. F. Licensee shall obtain all government approvals, permits and licenses at his own expense. G. Licensee shall comply with all Health Department requirements. H. All equipment and personal property furnished by Licensee shall be of good quality and suitable for its purpose. S.03. City Approval: Licensee agrees that it will obtain prior written approval from the City for all of the following: A. Use of any type of vending or amusement machines other than on the vessel or in a building to be constructed. B. Changes from originally approved specifications, plans, signage, buildings, structures, and landscaping design. The City shall be allowed ninety (90) days to reach a decision in any 0 f the above matters and failure to do so within such period shall constitute denial. C. The City may, at its discretion, redesignate the location for docking the vessel at Veteran's Park. If the relocation is made in the first year of this agreement, the 7 ." City will pay the costs associated with the relocation. If relocation occurs after the first year of this agreement, each party will pay one-half of the costs associated with the relocation of the vessel. 5.04. Minimum Days of Operation: It is desired that the vessel be operated at least four ( 4 ) days a week from May 1 through January 19 and six (6 ) days a week during the period of January 20th through May lst weather permitting, and excepting periods required for vacations, maintenance and general repair of the excursion vessel. Licensee shall give notice to the City Manager on any occasion when it is anticipated that the vessel will not be operated for five (5 ) consecutive days. 5.05. Service While Docked: No service of food or alcoholic beverages shall be effected prior to thirty (30) minutes before scheduled departure of the boat, in no event shall full meal service begin until such time as the vessel has entered into the main channel of the intracoastal waterway. Except as provided in this paragraph, the serving of food and beverages shall be only attendant to cruises; no docked restaurant shall be operated. 5.06. Quality of Licensee's Services: A. On-site management of the operation shall include at all times such licensed personnel as may be required by the United States Coast Guard. B. Food and beverages sold to the public shall be of good quality and served in accordance with the Health Department requirements. 8 ." C. The Licensee shall conduct its operations in an orderly manner so as not to unreasonably annoy, disturb or to be offensive to customers, patrons or others in the immediate vicinity of residents or others in the immediate vicinity of such operations. D. The Licensee shall take all reasonable steps to control the conduct, demeanor and appearance of Licensee's employees, invitees, and those doing business with it upon objection from the City concerning the conduct, demeanor or appearance of any such persons, Licensee will immediately take all responsible steps necessary to remove the cause of the objection with the assistance of appropriate law enforcement officers, if required. 5.07. Notification from the City of Failure to Comply: Upon receipt of written notification from the City specifying in detail any failure to comply with the quality standards delineated in 5.06 A, B, C and D, Licensee shall correct the alleged deficiencies within fourteen (14) days, or such greater time as the particular circumstances may reason- ably require. ARTICLE 6 6.01. Assignment of the Agreement: Licensee shall have the right to assign this contract to an entity or individ- ual with similar expertise in the cruise boat industry after giving City sixty (60) days notice of such proposed assignment and after receiving the written consent and approval of City to 9 ." such assignment, and said which consent shall not be unreason- ably withheld. Assignment as referred to above shall include any and all sales, assignment, transfer, collateralization, or other disposition of any and all stock certificates, right, title and/or interest in and to ISAN Charters, Inc. to any person or entity other than Dane Mark. ARTICLE 7 7.0l. Water and Electrical Services: All connection charges and subsequent billings for water and electricity consumed by the Licensee's operation to be at the Licensee's sole expense. 7.02. Sewage Removal: The Licensee shall not remove sewage from the vessel while it is docked at Veteran's Park. At the time the park is renovated, negotiations concerning a sewage connection may occur. 7.03. Fueling: All fueling of the vessel will be done at an off-site facility. At no time shall Licensee fuel the vessel while it is docked or moored at Veteran's Park. ARTICLE 8 8.0l. Equipment Installed by Licensee: A. All equipment, furnishing, signage and advertising installed by the Licensee on the premises shall be in keeping with the appropriate standards of decor of the Parks and Recreation Department and must be approved by the City prior to installation. 10 .. B. Licensee agrees that all equipment and furnish- ings provided shall meet the requirements of all applicable building, fire, pollution and other related codes. C. Licensee shall not alter or modify any portions of facilities, the leased premises or the improvements con- structed therein without first obtaining written approval from the City. ARTICLE 9 9.0l. Maintenance Responsibilities of Licensee; Appearance of Facilities: Licensee shall, at its sole cost and expense, keep and maintain the licensed premises including all improvements thereto, free from litter and debris which may result from the operation and use of the cruise ship. The Licensee shall maintain all improvements directly related to the cruise ship operation in a neat and orderly condition. This article shall not be construed to require Licensee to repair damage to the seawall and marginal docks unless such damage was as a result of Licensee, his agents, employees, guest, passengers, or invitees actions. 9.02. Garbage Dumpster: Licensee shall, at its sole cost and expense, maintain a garbage dumpster which is fully screened and complies with City codes. The dumpster will be located in accordance with the City's direction. 11 .'. ARTICLE 10 10.0l. Indemnification: Licensee for himself, heirs, personal representatives, successors, and assigns, as the case may be, releases, defends, holds harmless and indemni- fies the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss or damage to the boat, its Licensee, and Licensee's agents, employees, guests, passengers, or invitees whether or not such loss or damage is based upon the negligence or conduct of City and from any and all loss, damage, liability, legal action or claim of whatsoever nature, rising out of the Licensee's use of the facilities of the Park known herein as the licensed premises including, but not limited to agents, employees, passengers, and invitees use of the licensed premises for ingress and egress or operation of the boat. ARTICLE 11 1l.0l. Damage or Destruction of Premises: If the licensed premises or the excursion vessel are partially damaged, but not rendered unusable for the purposes of this Agreement, the same shall be repaired with due diligence by the Licensee from proceeds of the insurance coverage and/or at its own cost and expense, and a pro rata adjustment of the monthly fees payable hereunder for the period of Licensee's business interruption, if any, shall be made. If the damage shall be so extensive as to render the premises or the vessel unusable for the purposes intended, but capable of being repaired with due 12 ." diligence by the Licensee from the proceeds of the insurance coverage policy and/or at its own cost and expense, and for the period of Licensee's business interruption a pro rata adjust- ment shall be made as to the minimum monthly fees. ARTICLE 12 12.01- Ingress and Egress: Subject to rules, regulations, statutes and ordinances governing the use of the facilities, Licensee, his agents and servants, patrons and in vi tees, and his suppliers of service and furnishers of materials, shall have the right of pedestrian ingress and egress to and from the premises, with such right not to be unreasonably restricted during the term of this Lease Agreement. ARTICLE 13 13.01- Insurance: Licensee shall purchase and maintain insurance providing coverage on an occurrence basis during the term of this agreement as outlined below: A. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: 1. Minimum Limits of total coverage shall be [$1,000,000.00] per occurrence combined single limit for Bodily Injury Liability and Property Damage 13 *'~- Liability, the basic policy to be in said form with any excess coverage (and the carrier) to be accept- able to the City. 2. Premises and/or Operations. 3. Independent Contractor. 4. Products and/or Completed Operations. Licensee shall maintain in force until at least three (3 ) years after completion of all services required under the agreement, coverage for products and completed operations, including Broad Form Property Damage. S. Broad Form Property Damage including Completed Operations. 6 . Broad Form Contractual Coverage applicable to this specific agreement, including any hold harmless and/or indemnification agreement. 7 . Personal Injury coverage with employees and contractual exclusions removed. 8. Crew Coverage. 9 . Pollution Coverage. 10. Collision Liability. 11- Strikes, Riots and Civil Commotion. 12. Loss Payee Interest May Appear. 13. Passenger Liability. 14. Dock Liability. 15. Additional Insured. The City is to be specifically included as an additional (including products) . 14 "" 16. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 17. The Licensee shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. ARTICLE 14 14.01. Cancellation by City: The occurrence of any of the following shall cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bank- ruptcy by the Licensee. B. Institution of proceedings in involuntary bankruptcy against the Licensee if such proceedings lead to adjudication of bankruptcy and the Licensee fails within ninety (90) days to have such adjudication reversed. The City shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to the Licensee specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten 15 .'. (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if Licensee makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. ARTICLE 15 15.01. Non-discrimination: A. That Licensee for itself, its personal represen- tatives, successors in interest, assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrim- ination. 3. That the Lessee shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal 16 ." Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any 0 f the above non-discrimination covenants, the City shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. Licensee shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. ARTICLE 16 16.01. Rules and Regulations: Licensee will observe, obey and comply with all rules and regulations adopted by the City and all laws, ordinances and/or rules and 17 .. regulations or other governmental units and agencies having lawful jurisdiction, which may be applicable to Licensee's operations under this Agreement. City shall not adopt any ordinances, rules, or regulations which are directed toward impairing the City's obligation under this lease. ARTICLE 17 17.01. Default: Except where set forth specifically herein, upon thirty (30) days notice of any default of the terms and conditions of this Agreement, the defaulting party shall cure such default. In the absence of such cure, the nondefaulting party may terminate this Agreement. 17.02. Payment of Obligations: Licensee shall pay all taxes and other costs lawfully assessed against its interests in licensed premises, its improvements and its operations under the Agreement provided, however, that Licensee shall not be deemed to be in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 18 18.01. Inspection by City: The City may, but is under no duty to, make periodic inspections of the licensed premises, and the equipment, to determine if such are being maintained in a neat and orderly condition and are in proper repair. Inspections may also be made to determine whether the 18 .. Licensee is operating in compliance with the terms and prov i - sions of this Agreement. ARTICLE 19 19.01- Maintenance and Repairs by the City: The Licensee shall have the obligation of maintaining and repairing the premises and improvements relating exclusively to the cruise boat operation. Should inspection by the City indicate that Licensee is not properly maintaining or repairing the premises and improvements thereon in neat, and orderly condi- tion and in proper repair, the City will so inform the Licensee in writing, specifying the deficiencies. Should the Licensee fail, within thirty (30) days of such notifications, to correct or to commence to correct the deficiencies, the City may either make the necessary repairs and perform the required maintenance at the Licensee's expense or terminate this Agreement. All corrections must be made within a reasonable time. ARTICLE 20 20.01- Termination of Contract: The Licensee, within ten (10) calendar days following the termination of this Agreement, shall forthwith remove all of its personal property not acquired under the terms of this Agreement and the original proposal. Any personal property of Licensee not removed in accordance with this Article may be removed by the City for storage at the cost of Licensee or shall constitute a gratui- tous transfer of title thereof to the City for whatever 19 ." disposition is deemed to be in the best interest of the City. The City shall not be liable to Licensee for the safekeeping of Licensee's personal property. It is the intention of the parties to this Agreement that the excursion vessel together with all furnishings and equipment purchased or leased by Licensee, except those perma- nently affixed to buildings, as defined under the laws of the State of Florida, shall be and will always remain, the personal property of the Licensee. Upon termination of this Agreement and the removal of all personal property by Licensee, the Licensee shall immedi- ately restore said premises to a neat and clean condition. ARTICLE 21 21.01. Approval: Whenever prior approvals or consents are required hereinabove by either party, such approvals shall be received in writing by the party seeking approval prior to initiating the action for which approval was sought. ARTICLE 22 22.01. Indulgence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to consti- tute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 20 "'" ARTICLE 23 23.0l. Remedies, Attorneys' Fees and Costs: All remedies provided in this Agreement shall be deemed cumulative and additional, or not in lieu of or exclusive of each other or of any other remedy available at law or in equity. In the event of any arbitration or action at law or in equity arising hereunder, the prevailing party shall be awarded all costs and expenses (including reasonable attorneys' fees) incurred in connection therewith. ARTICLE 24 24.0l. Notices: Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: Joseph Weldon, Director Parks and Recreation Department 50 N.W. 1st Avenue Delray Beach, Florida 33444 To the Licensee: Dane Mark ISAN Charters, Inc. Stillwater Cruises 200 S. Ocean Blvd. Delray Beach, Florida 33444 or to such other addresses as either party may designate in writing. 24.02. Interpretation: This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. 21 "" This Agreement may be amended only by written document, proper- ly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and sections headings are for convenience only. All interpre- tations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. ARTICLE 25 25.01. Exclusivity: It is understood and agreed upon between the parties that in order for Licensee's operation to prosper, Licensee has an exclusive license to operate the cruise boat operation at Veteran's Park, subject to the City's Code of Ordinances as may be amended in the future. IN WITNESS WHEREOF, the parties hereto have caused this Agreement and three (3 ) counterparts, each of which shall constitute an original to be executed by the appropriate officials as of the date first above written: WITNESS LICENSEE: CITY OF DELRAY BEACH, FLORIDA By: ATTEST: MAYOR City Clerk Approved as to Form and Legal Sufficiency City Attorney 22 .. - STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned officer duly authorized to take acknowledgments, appeared , , and acknowledged that he executed the foregoing document in behalf of, and as an authorized act of, said Corporation: SWORN TO AND SUBSCRIBED before me this day of - , 1991. Notary Public State of Florida At Large My Commission Expires: 23 0" þt." ;- 1220 Southways Delray Beach, FL 33483 October 29, 1991 HAND-DELIVERED The Honorable Mayor Thomas Lynch and the City Commissioners of Delray Beach C i t y Ha 11 Delray Beach, Florida Gentlemen: It appears that t he C i t y is prepared to go forward with the proposed commercial contract wi th Isan Charters, Inc. since it is on tonight's Regular Agenda. However, I contin- ue to believe that are a number of problems with the con- tract, including, among other things, the fact that it is an attempt to subvert the clear wording of the City's compre- hensive plan. Since items placed on that portion of the agenda are not open to publ ic comment, I am submitting this letter to state my continuing opposition to this contract and to promise you that I will pursue all legal remedies available to me to have this contract set aside. In any ev- ent, this contract should not be approved since it has a number of problems. I have raised these problems in a number of prepared statements, and the City Commission directed Mr. Kurtz to address them. Nothing has been forthcoming unt i 1 this new contract appeared on tonight's agenda. Needless to say, the memorandum from Mr. Tolces does not address any of the is- sues I raised. For example, at a hearing on August 27, 1991 , I presented a 8-page prepared statement regarding this con- tract. I raised several serious issues. This included the fact that this license agreement lacks legal sufficiency be- cause it is legally impossible to base a 10-year 1 i cense agreement on a code section that provides a recreational boater with a temporary mooring permit that may not exceed a seven-day period over a year's time. Even the purported exemption obtained from DER included in your package tonight is subject to legal challenge. I have been in contact wi th Charles Barrowclough who is wi t h the Wetlands Section of the DER in Tallahassee ( 904-488-0130 , ext. 60 ) and who supervises Larry O'Donnell and Caroline Hanes in the West Palm Beach office of the DER. O'. The Honorable Mayor Thomas Lynch October 29. 1991 Page 2 of 3 Mr. Barrowclough told me that the Ci ty had obviously done t he i r homework to get around the intent of the "day use" as- pect of the' permi t for the seawall and marginal doc k . Since the cruise boat. according to Captain Ma r k ' s application, will be moored to the five pilings that were at the south end of the park and which will be replaced after t he seawall reconstruction is completed. He said Captain Mark can moor to these pilings when they are rebuilt but if he so much as has a 1 i ne to the marginal dock. the seawall or the bu 1 k- head, he .i s in violation of the OER permit. Furthermore. I am attaching a letter from Ms. Hanes to the City. dated Oc- tober 8. 1991, which Mr. Barrowclough believes may still be applicable since the City's intent for the marginal dockage is for day use only, that is. for recreational boaters. I do not know what the outcome of all this will be, but it is clear that Captain Mark's contact with the DER is part of an attempt on someone's part to bypass "problems" with the DER. I still maintain that this is a commercial operation as evidenced in my petition to the DCA and in the letter at- tached from Ms. Hanes. The City has chosen to circumvent the land use description for Recreation and Open Space in the Comprehensive Plan by somehow declaring this boat the moral equivalent of a golf course or swimming pool. As yOU are aware. I have asked the DCA to keep my file open, but I am also prepared to resort to a court of law to have the City's circuitous approach reviewed. I also bel ieve there are numerous other problems re- garding this contract which the C i t y Attorney has chosen to ignore. The license agreement between the Ci ty of Delray Beach and Atlantic Plaza, Ltd., entered upon on February 13. 1985, covers the same parking spaces. No effort has been made to integrate these two sets of legal rights and duties ( those of Atlantic Plaza, Inc. and those of ISAN Charters. I nc. ) or to sort out the liability and indemnification is- sues among the three parties. Furthermore, the City liquor ordinance regarding con- sumption of alcoholic beverages in public places. which is codified at Section 113.02. prohibits consumption of alco- ho 1 i c beverages in the City's parks except for a carefully carved out exception for the golf course. When I raised this issue with Mr. Kurtz. he bluntly told me that since ~I ,~ The Honorable Mayor Thomas Lynch October 29, 1991 Page 3 of 3 drinking was allowed at the golf course, drinking on the cruise boat was permitted. I believe t ha t , even if the other problems wi th the contract can be solved, the ordi- nance needs to be modified to include a specific exemption for t he boat operation before the contract can be executed. This modification would require a pub 1 i c hearing. F i na 11 y . the inclusion of the exclusivity clause may be the topping on the cake since it leaves the City open to legal action by other boat operators. The trial period for this boat operation was held early in the summer, and it was promoted by the Ci ty as a trial for Louie's Lady. That boat was to offer day cruises only, and there was no discussion about all the "extras" that have been included it the contract that is before you. This con- tract ca 11 s for day and night cruises, a boa t that holds up to 250 passengers and is up to 100 feet in length. (The park is only 600 feet long!) There is now an office building with the potential for vending and amusement machines; a dump- ster; a license for the entire park. I think the public has been misled, and if the Ci ty were more honest about this, there would be a lot more opposition. The fact that the contract is approved tonight will not prevent that opposi- tion from surfacing. I promise you that I will pursue every possible remedy available to me to have this contract set aside. Sincerely, II~~. Kathryne 8. Stokes Attachment cc: David N. Tolces. Esq., Assistant City Attorney III'" ''''I .' . . Florida Department o.f Environmental Regulation Southeast District . l~()() S Congress Ave., Suite A . West Palm Be:lch, Florida 33406 L.lwrnn Chll~s, (1()\'Crn(H ¡~'I'Ïh\ H" -111; '1' ,It,S(ì ~·~~r<tr~sŒ~ h~: 1l'η 13 )-.:(106 9!991l OCT Mr. David To1ces Assistant City Attorney OCIO City of De1ray Beach 8 2000 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Tolces: RE: City of De1ray Beach (Dock at Veterans Park) DER File n5~1955086 This letter is to follow up on our telephone conversation of October 4, 1991. You asked about the possibility of modifying the referenced permit to change the use of the dock from day (transient) use to permanent berthing for a cruise boat which would operate from the park on a concession basis. As permitted, the dock is for use by the public on a transient basis (a letter included with the original application stated that the dock was intended for day use only). Berthing a cruise boat concession at the do~k would constitute commercial use. If you WIsh to allow the cruise boat to dock there, you must apply to the Wetland Resources section of this Department in Tallahassee for a "Standa.rd Form" commercial dock permit, according to Ms. Connie Bersack in the Tallahassee-õifice.-1An application with instructions and a copy of Florida Statutes, Chapter 312, are enclosed. Please send the application with the appropriate fee (fee schedule enclosed with the instruction booklet) directly to Tallahassee. That office may decide to delegate the permitting process to this office, but the fee remains ::hat for a standard form permit application since it is for a commercial facility. If you-have further questions, please contact me at 407-433-2650. When referring to this project, please use the file !lumber indicated. Sinc.erely, ~~ ~/\...i~ Caroline Hanes Environmental Specialist Water Management Program cc:Doug Fry NI't-)'!"J~I'< ''''r .. . """ SMITH BARNEY City of Delray Beach Executive Summary of Refunding Plan Refundina Results of Utilities Tax Bonds Bonds Bonds Present Value Refunded Bonds Issued Refunded Savings Series 1987 Bonds & Series 1989 Notes $11,685,000 $9,345,000 $258,000 $1,077,741 (Notes) Series 1987 Bonds Only $10,445,000 $9,345,000 $245,000 Refundina of Results General Obliaation Bonds Bonds Bonds Present Value Annual Refunded Bonds Issued Refunded Savings Savings Series 1985 General Obligation Bonds $4,935,000 $4,390,000 $136,517 $11,000 Key Considerations * Utilities Tax Bonds savings may be taken in level annual installments, or in the form of a cash payment at closing. * Utilities Tax Notes will be restructured to have maturities from 1992-2007. This will eliminate the City's bullet maturity of the current notes in 1994. * General Obligation Bonds can have savings in level annual installments, or in the form of reduced debt service to the taxpayers in a single year or any group of years. * Debt Service savings on General Obligation Bond must come in the form of reduced debt service millage to the taxpayers. * Savings for all issues is currently within the range normally considered for refunding by municipalities . * The refunding savings for both issues is net of all issuance costs to the City. * The refunding will take no more than five weeks to complete (if requested) from the time that the Commission gives approval to proceed. * Interest rates are at their lowest levels in over 10 years. City of Delray Beach, Florida Historical Tax-Exempt Interest Rates 1982 . Date 14.00% 12.00% ---- -------------------------------------------------------------------------------------------. 10.00% --------- ----------- ---- --------------------------------------------------------,--------------- ~.O~ ------------------------------------- ---------- - - --------------------------------------------- 6.00% 1~1~1~1~1~1W1_1~1~ 10/91 Historical Tax-Exempt Interest Rates "" '" =============.==..===========....a===.z======..===========.........==....=....za===zz.za.................... City of Delray Beach, Florict. General Obl iStation Ref\rding Rev... Bonds, Series 1991 Current Market . Level Savings Sc:enerio ==================:==============..===-=.=.==-.==-==z====za.=....=.====..=aza:=-:======..z.....===.......... Savings Report Series 1985 Pres Value Series 1991 Pres Value Total Ai"nJa l Pres Value Date Debt Servi ce 6.53498475% Debt Service 6.53498475% Savings Savings 6.53498475% ============================:====:====:=========:=============-==========================================.=. 11/07/91 19,425.02 19,425.02 19,425.02 02/01/92 335,143.75 330,152.63 315,619.29 310,918.94 19,524.46 19,524.46 19,233.69 08/01/92 173,943.75 165,931.50 140,101.25 133,647.86 33,842.50 32,283.64 02/01/93 343,943.75 317,719.45 365,101.25 337,263.77 (21,157.50) 12,685.00 (19.544.33) 08/01/93 167,058.75 149,438.32 134,645.00 120,443.39 32,413.75 28,994.93 02/01/94 347,058.75 300,629.86 369,645.00 320,194.56 (22,586.25) 9,827.50 (19,564.70) 08/01/94 159,768.75 134,016.21 128,652.50 107,915.47 31,116.25 26,100.73 02/01/95 359,768.75 292,230.33 378,652.50 307,569.08 (18,883.75) 12,232.50 (15,338.75) 08/01/95 151,668.75 119,298.32 122,090.00 96,032.52 29,578.75 23,265.80 02/01/96 366,668.75 279,285.56 387,090.00 294,840.09 (20,421.25) 9,157.50 (15,554.53) 08/01/96 142,961.25 105,445.80 114,868.75 84,725.25 28,092.50 20,720.55 02/01/97 377,961.25 269,957.01 394,868.75 282,033.11 (16,907.50) 11,185.00 (12,076.10) 08/01/97 133,443.75 92,295.80 106,958.75 73,977.56 26,485.00 18,318.24 02/01/98 388,443.75 260,164.60 406,958.75 2n,565.23 (18,515.00) 7,970.00 (12,400.63) 08/01/98 122,925.00 79,725.39 98,258.75 63,127.62 24,666.25 15,997.77 02/01/99 397,925.00 249,915.98 413,258.75 259,546.31 (15,333.75) 9,332.50 (9,630.33) 08/01/99 111,581.25 67,861.02 88,966.25 54,107.12 22,615.00 13,753.90 02/01/2000 406,581.25 239,448.92 418,966.25 246,742.85 (12,385.00) 10,230.00 (7,293.93) 08/01/2000 99,412.50 56,694.76 79,066.25 45,091.33 20,346.25 11,603.43 02/01/2001 424,412.50 234,383.18 434,066.25 239,714.49 (9,653.75) 10,692.50 (5,331.31) 08/01/2001 86,006.25 45,994.37 68,238.75 36,492.68 17,767.50 9,501.69 02/01/2002 436,006.25 225,789.49 443,238.75 229,534.90 (7,232.50) 10,535.00 (3,745.41) 08/01/2002 71,568.75 35,889.78 56,613.75 28,390.26 14,955.00 7,499.53 02/01/2003 456,568.75 221,712.37 461,613.75 224,162.26 (5,045.00) 9,910.00 (2,449.88) 08/01/2003 55,687.50 26,186.52 43,856.25 20,622.99 11,831.25 5,563.53 02/01/2004 465,687.50 212,056.25 468,856.25 213,499.17 (3,168.75) 8,662.50 0,442.93) 08/01/2004 38,775.00 17,097.97 30,362.50 13,388.45 8,412.50 3,709.52 02/01/2005 488,775.00 208,707.57 485,362.50 207,250.43 3,412.50 11,825.00 1,457.14 08/01/2005 20,212.50 8,357.68 15,802.50 6,534.18 4,410.00 1,823.49 02/01/2006 510,212.50 204,292.80 505,802.50 202,527.00 4,410.00 8,820.00 1,765.80 =======:==============:==:======:=================:=======:==:::========:::::===========:============..==:-: Total 7,640,171.25 4,950,61'9.44 7,477,581.79 4,833,458.90 182,014.48 182,014.48 136,645.57 ===_=====:s=====:.=====:=::==::=:====:======::::==:======::======.====:::=:..======:_:==_:===:===:__..._._._ Smith Barney, Harris Upham & Co. Page 3 10/17/91 ======::=========_=:.======:=========:=========:==========.====a=_==:====::===_====:=:=_::===:====_==...==_: ." Z====......=Z=.=Z===..==E..======...=.z...-====a=.==.......sz..........===---=..asza===..==......................... City of Delray Beech, Florida Utfl ities Tex Rever-.. RefU1ding Ionda, Serfes 1991 Refunding of Utilities Tex Bonds end Notes - Current Market Analysis =================:==::==:_======:=:===::====================:zz.====:..-==z.==================....====.-=aa=........ Savi ngs Report Total Refl.nied Pres Value Series 1991 Pres Value Total Arn.Ia l Pres Value Date Debt Service 6.61368957X Debt Service 6. 61368957X Savings Savings 6.61368957X ======:===:::=========:===:===============:=========:===========================----======================-=======.. 11/07/91 150,248.43 150,248.43 150,248.43 12/01/91 420,551.45 418,731.13 89,096.57 88,710.92 331,454.88 330,020.21 06/01/92 724,183.37 697,968.09 1,028,638.75 991,402.26 (304,455.38) 26,999.50 (293,434.17) 12/01/92 384,118.37 358,362.86 332,998.75 310,670.87 51,119.62 47,692.00 06/01/93 734,118.37 662,971.59 817,998.75 738,722.74 (83,880.38) (32,760.76) (75,751.15) 12/01/93 373,093.37 326,149.91 321,116.25 280,712.67 51,977.12 45,437.24 06/01/94 1,767,977.37 1,496,054.22 831,116.25 703,286.70 936,861.12 988,838.24 792,767.52 12/01/94 324,385.00 265,706.57 308,111.25 252,376.60 16,273.75 13,329.97 06/01/95 724,385.00 574,356.96 843,111.25 668,493.71 (118,726.25) (102,452.50) (94,136.75) 12/01/95 310,785.00 238,530.21 293,933.75 225,596.73 16,851.25 12,933.48 06/01/96 735,785.00 546,644.74 858,933.75 638,136.98 (123,148.15) (106,297.50) (91,492.24) 12/01/96 295,910.00 212,806.45 278,396.25 200,211.27 17,513.75 12,595.18 06/01/97 750,910.00 522,737.84 873,396.25 608,005.31 (122,486.25) (104,972.50) (85,267.47) 12/01/97 279,530.00 188,362.90 261,438.15 176,172.01 18,091.25 12,190.89 06/01/98 769,530.00 501,953.41 891,438.75 581,472.74 (121,908.75) (103,817.50) (79,519.33) 12/01/98 261,400.00 165,049.55 243,011.25 153,438.78 18,388.15 11,610.77 06/01/99 786,400.00 480,643.60 908,011.25 554,971.76 (121,611.25) (103,222.50) (74,328.16) 12/01/99 241,450.00 142,849.19 223,227.50 132,068.20 18,222.50 10,780.99 06/01/2000 806,450.00 461,847.83 928,227.50 531,588.89 (121,m.50) (103,555.00) (69,741.06) 12/01/2000 219,415.00 121,635.03 201,901.25 111,926.10 17,513.75 9,708.93 06/01/2001 824.415.00 442,393.92 946,901.25 508,121.95 (122,486.25) (104,972.50) (65,728.03) 12/01/2001 195,517.50 101,559.33 178,992.50 92,915.60 16,525.00 8,583.72 06/01/2002 850,517.50 427,649.85 968,992.50 487,220.43 (118,475.00) (101,950.00) (59,570.57) 12/01/2002 169,317.50 82,409.60 154,305.00 75,102.77 15,012.50 7,306.83 06/01/2003 879,317.50 414,278.69 994,305.00 468,453.52 (114,987.50) (99,975.00) (54,174.82) 12/01/2003 140,562.50 64,104.31 127,635.00 58,208.65 12,927.50 5,895.66 06/01/2004 905,562.50 399,767.16 1,022,635.00 451,449.67 (117,072.50) (104,145.00) (51,682.51) 12/01/2004 109,484.38 46,785.55 98,995.00 42,303.16 10,489.38 4,482.39 06/01/2005 939,484.38 388,615.44 1,048,995.00 433,914.24 (109,510.63) (99,021.25) (45,298.81> 12/01/2005 75,765.63 30,337.07 68,357.50 27,370.80 7,408.13 2,966.26 06/01/2006 970,765.63 376,258.82 1,083,357.50 419,898.27 (112,591.88) (105,183.15) (43,639.46) 12/01/2006 39,406.25 14,784.56 35,370.00 13,270.22 4,036.25 1,514.33 06/01/2007 1,009,406.25 366,589.56 1,115,370.00 405,072.78 (105,963.75) (101,927.50) (38,483.22) ================:==-=:===================================:======================:=:====:==========z====:===:=..:=a.= Total 18,019,899.79 11,538,895.94 18,378,315.32 11,431,327.32 (208,167.10) (208,167.10) 257,817.05 ===========:==========::========::==:====:========::=======================..=====z:======================..==.==.== Smith Barney, Harris uphaM & Co. Page t 3 10/17/91 =====================:====================:=======================-:=====-=:===:==::===:==::===================-=..= .,. =================.===.==========~==.==:.=:=========a==a====:==._...:_====:===:===:==::==:=:=:=:==:==:===::._._=:=... City of Delray Beach, Florida Utit ities Tax Revenue Refunding Bonds, Serfes 1991 Refunding of Uti l ities Tax Bonds Only - Current Market ====:========:=:=====_=======:==:====z=_:========:....======..====...======..=...========.====z...s=====............ Savi ngs Report Total RefU'Ød Pres Value Series 1991 Pres Value Total AMual Pres Value Date Debt Service 6.60925501% Debt Service 6.60925501% Savings Savings 6.60925501% ========:=:====:====::====:=======:=========:=:=:==:============:=:=.-:=:==:==...:=:=:==:====::=:=================== 11/07/91 24,170.29 24,170.29 24,170.29 12/01/91 357,850.00 356,302.10 79,713.21 79,368.40 278,136.79 276,933.70 06/01/92 687,850.00 662,966.11 926,921.25 893,388.64 (239,071.25) 39,065.54 (230,422.53) 12/01/92 347,785.00 324,480.54 297,776.25 277 ,822. 79 50,008.75 46,657.75 06/01/93 697,785.00 630,201.84 727,776.25 657,288.32 (29,991.25) 20,017.50 (27,086.48) 12/01/93 336,760.00 294,414.20 287,241.25 251,122.18 49,518.75 43,292.03 06/01/94 711,760.00 602,354.36 742,241.25 628,150.30 (30,481.25) 19,037.50 (25.795.93) 12/01/94 324,385.00 265,741.55 275,638.75 225,807.82 48,746.25 39,933.73 06/01/95 724,385.00 574,444.90 755,638.75 599,229.45 (31,253.75) 17,492.50 (24,784.55) 12/01/95 310,785.00 238,571.85 262,918.75 201,827.67 47,866.25 36,744.18 06/01/96 735,785.00 546,751.91 767,918.75 570,630.07 (32,133.75) 15,732.50 (23,878.16) 12/01/96 295,910.00 212,852.74 249,031.25 179,132.11 46,878.75 33,720.63 06/01/97 750,910.00 522,862.76 779,031.25 542,443.75 (28,121.25) 18,757.50 (19,580.98) 12/01/97 279 ,530.00 188,411.96 233,926.25 157,673.61 45,603.75 30,738.35 06/01/98 769,530.00 502,094.92 798,926.25 521,275.08 (29,396.25) 16,207.50 (19,180.16) 12/01/98 261,400.00 165,099.62 217,400.00 137,309.33 44,000.00 27,7'90.30 06/01/99 786,400.00 480,799.74 812,400.00 496,695.97 (26,000.00) 18,000.00 (15,896.23) 12/01/99 241,450.00 142,898.66 199,698.75 118,188.79 41,751.25 24,709.87 06/0112000 806,450.00 462,017.70 829,698.75 475,336.98 (23,248.75) 18,502.50 (13,319.28) 12/01/2000 219,415.00 121,682.38 180,641.25 100,179.38 38,m.75 21,503.01 06/01/2001 824,415.00 442,575.64 845,641.25 453,970.65 (21,226.25) 17,547.50 (11,395.01) 12/01/2001 195 ,517.50 101,603.22 160,192.50 83,246.12 35,325.00 18,357.10 06/01/2002 850,517.50 427,843.88 865,192.50 435,225.98 (14,675.00) 20,650.00 <7,382.10) 12/01/2002 169,317.50 82,448.76 138,161.25 67,277.30 31,156.25 15,171.46 06/01/2003 879,317.50 414,484.44 893,161.25 421,009.98 (13,843.75) 17,312.50 (6,525.54) 12/01/2003 140,562.50 64,137.53 114,190.00 52,103.97 26,372.50 12,033.56 06/01/2004 905,562.50 399,982.87 914,190.00 403,793.60 (8,627.50) 17,745.00 (3,810.73) 12/01/2004 109,484.38 46,811.80 88,590.00 37,878.07 20,894.38 8,933.72 06/01/2005 939,484.38 388,841.82 943,590.00 390,541.09 (4,105.63) 16,788.75 (1,699.27) 12/01/2005 75,765.63 30,355.39 61,016.25 24,446.08 14,749.38 5,909.32 06/01/2006 970,765.63 376,494.16 966,016.25 374,652.20 4,749.38 19,498.75 1,841.96 12/0112006 39,406.25 14,7'94.12 31,603.75 11,864.86 7,802.50 2,929.26 06/01/2007 1,009,406.25 366,834.60 996,603.75 362,181.97 12,802.50 20,605.00 4,652.64 ===:==:===::======::::===:==:====:::=:;::===:===:::::===================:====================:===================z== Total 16,755,647.50 10,452,158.11 16,442,686.96 10,231,062.51 337,130.83 337,130.83 245,265.89 =:=:==:=::=:==:================:============:====:===============:=====:=======:==:::==:=:========:=======:========= Smith Barney, Harris Uph.. & Co. Page , 3 10/17/91 =====z============z==============================================z===========================================_zz=za= ". '" , ". MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER lJI'G1 SUBJECT: AGENDA ITEM # ,p - MEETING OF OCTOBER 29, 1991 REFUNDING OF UTILITY Tl\K_BOtlQL~OTE AND GENERAL OBLIGATION BONDS DATE: October 23, 1991 We have received an analysis of the City's outstanding Bond Issues, specifically the 1987 Utility Tax Bond Issue, 1989 Utility Tax Note, and 1985 General Obligation Bond Issue, by Smith Barney. This analysis was performed in order to determine the potential net present value savings of refunding at today's market. Smith Barney, has indicated that there are potential present value savings, net any costs of issuance, of approximately $258,000 (or 2.76%) of the refunded bonds for the 1987 Utility Tax Bond Issue and approximately $137,000 in present value savings (or 3.10%) of the refunded bonds for the 1985 General Obligation Bond Issue. Subsequently, we requested that our financial advisor, Public Financial Management (PFM) review Smith Barney's analysis. They have recommended that we proceed with the refundings with a stipulation that the authorization for the sale not be made unless a 3.0% savings is to be achieved by the refunding of the 1987 Utility Tax Bond Issue and the 1985 General Obligation Bond Issue. Further, it is recommended that for the purpose of these refundings Smith Barney be appointed as the lead underwriter; Mudge, Guthrie, Alexander and Ferdon be appointed as Bond Counsel; and, PFM be appointed as Financial Advisor. A detailed staff report is attached as backup material for this item. Recommend approval of the refunding of the 1987 Utility Tax Bond Issue, 1989 Utility Tax Note, and 1985 General Obligation Bond Issue subject to the stipulations as recommended by our Financial Advisor. ·" . ~ - Agenda Item No.: AGENDA REQUEST Date: 10-23-91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 10-29-91 Description of agenda item (who, what, where, how much): (1) Proceed with the refunding of the 1985 General Obligation Bond Issue, the l~HI U~111ty Tax Bond Issue and the 1989 Utilit Tax Note with the sti ulation that the sale be auth- orized unless a 3.0% present value savings is ac ieve or t e enera gat10n Bond Issue and the 1987 Utility Tax Issue. (2) Appoint Underwriter, Bond Counsel and !"1nanC1al. AGV1sor. ORDIHARCE/ RESOLOTIOB REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: (1) Director of Finance approval the proceed w1th the rerunG1ng as ou~11ned above. (2) Director of Finance the a ointment of the followin for these refundings: A Smit arney as ea un erwr1ter B Mud e Rose Guthrie Alexander and C) Public Financial Management as Department Head Signature: Determination of Consistency N/A City Attorney Review/ Recommendation (if applicable): N/A 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: @/ Noll/v). Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '" ~ MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. saf,~ Director of F na SUBJECT: Refunding Bond Issues DATE: October 23, 1991 Background Smith Barney has provided the City with an analysis of outstanding Bond Issues to determine the potential net present value savings by refunding at today's market. He has advised us of potential savings for the following options: 1. The City of Delray Beach 1987 Utility Tax Bond Issue 2. The City of Delray Beach 1987 Utility Tax Bond Issue and the 1989 Utility Tax Note 3. The City of Delray Beach 1985 General Obligation Bond Issue Smith Barney has indicated that there are potential present value savings, net of any costs of issuance, of approximately $258,000 (or 2.76%) of the refunded Bonds for the 1987 Utility Tax Bond Issue and approximately $137,000 in present value savings (or 3.10%) of the refunded Bonds for the 1985 General Obligation Bond Issue. Smith Barney has also analyzed the effect of refunding the 1989 Utility Tax Note which has a principal balance of $1,019,884 and is due on June 1, 1994, along with the 1987 Utility Tax Bond Issue. The combined present value savings totalled approximately $245,000 (or 2.63%) of the refunded Bonds. By refunding both the Utility Tax Bond Issue and the Utility Tax Note, the net present value savings are less by $13,000 versus refunding only the 1987 Utility Tax Issue. Because of the small size of the note, however, it would not be economically feasible to bond on a stand-alone basis, now or in June of 1992 when the Note is due. Therefore, it appears that this would be a viable alternative to financing the Note payoff. We requested Public Financial Management (PFM) , the City's financial advisor, to review the analysis performed by Smith Barney and to provide us with their own analysis. PFM advised us their analysis indicates smaller savings to be achieved than those savings provided in Smith Barney's analysis. The difference between the two analyses is due to PFM using a later delivery date than Smith Barney (which prevents the refunding of the December 1, 1991 Debt Service payment) and the fact that PFM used a more conservative outlook to fund the escrow account. ~ PFM also advised us that the savings calculated by both firms do not reach the 5.0% benchmark used by most municipalities, however, they did advise us that because of the Issues being of small size and maturity, that we may never reach the 5.0% benchmark. They further advised that today's rates are at a historical low and that it may be beneficial to the City to take advantage of these low rates in order to achieve some savings. Recommendation Public Financial Management recommends that the City proceed with the refundings of the 1987 Utility Tax Bond Issue, the 1989 Utility Tax Note and the 1985 General Obligation Bond Issue with the stipulation that the authorization for the sale not be made unless a 3.0% savings is to be achieved by the refunding of the 1987 Utility Tax Bond Issue and the 1985 General Obligation Bond Issue. We concur with the recommendation of our financial advisor and further recommend that for these refundings: 1. Smith Barney be appointed as the lead underwriter 2. Mudge, Guthrie, Alexander and Ferdon be appointed as Bond Counsel 3. Public Financial Management be appointed as Financial Advisor Attached are the analyses performed by both Smith Barney and Public Financial Management for your review and information. JMS/rso/sam Attachments cc: Rebecca S. O'Connor, Treasurer '''''1 '" , ; í I f ! , , I SMITH BARNEY City or Delray Beach Executive Summary or Refunding Plan Rerundine Results or Utilities Tax Bonds Bonds Bonds Present Value Refunded Bonds ~ Refunded Savines Series 1987 Bonds & Series 1989 Notes $11,685,000 $9,345,000 $257,817 $1,077,741 (Notes) Series 1987 Bonds Only $10,445,000 $9,345,000 $245,265 Rerundine or Results General Oblieation Bonds Bonds Bonds Present Value Annual Refunded Bonds ~ Refunded Savin~s Savines Series 1985 General Obligation Bonds $4,935,000 $4,390,000 $136,645 $11,000 Key Considerations * Utilities Tax Bonds savings may be taken in level annual installments, or in the form of a cash payment at closing. * Utilities Tax Notes will be restructured to have maturities from 1992-2007. This will eliminate the City's bullet maturity of the current notes in 1994. * General Obligation Bonds can have savings in level annual installments, or in the form of reduced debt service to the taxpayers in a single year or any group of years. * Debt Service savings on General Obligation Bond must come in the form of reduced debt service millage to the taxpayers. * Savings for all issues is currently within the range normally considered for refunding by municipalities. * The refunding savings for both issues is net of all issuance costs to the City. * The refunding will take no more than five weeks to complete (if requested) from the time that the Commission gives approval to proceed. * Interest rates are at their lowest levels in over 10 years. ",' City of Delray Beach, Florida Historical Tax-Exempt Interest Rates 1982 . Date 14.00% 12.00% uu --------------------------------------------------------------------------------------------- 10.00% --------- ----------- ---- ------------------------------------------------------------------------ ~.OO% ------------------------------------- ---------- - - ---------------------------------------------- 6.00% 1~1~1~1~1_1~1~1~1~ 10/91 Historical Tax-Exempt Interest Rates ...'~ . ." s================--=======z===========...=====--===============.-==......z=azzzz======zz:.===.===-.=-=====-=-===.....a City of Delray Beech, Floridl Util ities Tax ReveRIe Reflnting Bonda, Seri.. 1991 Reflnting of Uti l iti.. Tax Bondi Only· Current Market ========================================- ==========:====..............=-=...====_==:_====:=====.....aa::........ Savings Report Total Reflnted Pres Value Series 1991 Pres Value Total Annua l Pres Value Date Debt Servi ce 6.60925501% Debt Servi ce 6.60925501% Savings Savings 6.60925501% ==================================================================:====:======================================:=:=== 11/07191 24,170.29 24,170.29 24,170.29 12/01/91 357,850.00 356,302.10 79,713.21 79 ,368.40 278,136.79 276,933.70 06/01/92 687,850.00 662,966.11 926,921.25 893,388.64 (239,071.25) 39,065.54 (230,422.53) 12/01/92 347,785.00 324,480.54 297,776.25 277 ,822.79 50,008.75 46,657.75 06/01/93 697,785.00 630,201.84 727,776.25 657,288.32 (29,991.25) 20,017.50 (27,086.48) 12/01/93 336,760.00 294,414.20 287,241.25 251,122.18 49,518.75 43,292.03 06/01/94 711,760.00 602,354.36 742,241.25 628,150.30 (30,481.25) 19,037.50 (25,1'95.93) 12/01/94 324,385.00 265,741.55 275,638.75 225 ,807.82 48,746.25 39,933.73 06/01/95 724,385.00 574,444.90 755,638.75 599,229.45 (31,253.75) 17,492.50 (24,784.55) 12/01/95 310,785.00 238,571.85 262,918.75 201,827.67 47,866.25 36,744.18 06/01/96 735,785.00 546,751.91 767,918.75 570,630.07 (32,133.75) 15,732.50 (23,878.16) 12/01/96 295,910.00 212,852.74 249,031.25 179,132.11 46,878.75 33,720.63 06/01/97 750,910.00 522,862.76 77'9,031.25 542,443.75 (28,121.25) 18,757.50 (19,580.98) 12/01/97 279 ,530.00 188,411.96 233,926.25 157,673.61 45,603.75 30,738.35 06/01/98 769,530.00 502,094.92 798,926.25 521,275.08 (29,396.25) 16,207.50 (19,180.16) 12/01/98 261,400.00 165,099.62 217,400.00 137,309.33 44,000.00 27,1'90.30 06/01/99 786,400.00 480,799.74 812,400.00 496,695.97 (26,000.00) 18,000.00 (15,896.23) 12/01/99 241,450.00 142,898.66 199,698.75 118,188.79 41,751.25 24,709.87 06/01/2000 806,450.00 462,017.70 829 ,698. 75 475,336.98 (23,248.75) 18,502.50 (13,319.28) 12/01/2000 219,415.00 121,682.38 180,641.25 100,179.38 38,m.75 21,503.01 06/01/2001 824,415.00 442,575.64 845,641.25 453,970.65 (21,226.25) 17,547.50 <11,395.01) 12/01/2001 195,517.50 101,603.22 160,192.50 83,246.12 35,325.00 18,357.10 06/01/2002 850,517.50 427,843.88 865,192.50 435,225.98 (14,675.00) 20,650.00 <7,382.10) 12/01/2002 169,317.50 82,448.76 138,161.25 67,277.30 31,156.25 15,171.46 06/01/2003 879,317.50 414,484.44 893,161.25 421,009.98 (13,843.75) 17,312.50 (6,525.54) 12/01/2003 140,562.50 64,137.53 114,190.00 52,103.97 26,372.50 12,033.56 06/01/2004 905,562.50 399,982.87 914,190.00 403,1'93.60 (8,627.50) 17,745.00 (3,810.73) 12/01/2004 109,484.38 46,811.80 88,590.00 37,878.07 20,894.38 8,933.72 06/01/2005 939,484.38 388,841.82 943,590.00 390,541. 09 (4,105.63) 16,788.75 <1,699.27) 12/01/2005 75,765.63 30,355.39 61,016.25 24,446.08 14,749.38 5,909.32 06/01/2006 970,765.63 376,494.16 966,016.25 374,652.20 4,749.38 19,498.75 1,841.96 12/01/2006 39,406.25 14,794.12 31,603.75 11,864.86 7,802.50 2,929.26 06/01/2007 1,009,406.25 366,834.60 996,603.75 362,181.97 12,802.50 20,605.00 4,652.64 ====z==========================:=:=:=:==:=:===============================================2======================___ Total 16,755,647.50 10,452,158.11 16,442,686.96 10,231,062.51 337,130.83 337,130.83 245,265.89 =================:a================================.===================:=======:==:::=====::=:=====:======::._.Kcaaa SMith Barney, Harris Uph~ & Co. Page , 3 10/18/91 =============:=========:==================:==========================:=========:===============================:==-= "1'1 '" =====================a=====zz==.=..====.z==zz=============a.....aa....=z:=====.===.....==..~==.==.....=.=..... City of Delray Beach. Flori~ Utilities Tax Revenue Ref~ing Bonds. Series 1991 Ref~ing of Utilities Tax Bonds and Notes' Current Market Analysis ===============:=======....=========-=.=.====._.=....-==..........==...zzz=.====.========.....===========..==..=_a== Savings Report Total Refl.l"ded Pres Value Series 1991 Pres Value Total Arn.Ia l Pres Value Date Debt Service 6. 61368957'X Debt Service 6. 61368957'X Savi "IS Savings 6. 61368957'X ================================:============:========:========--=================================================== 11/07191 150.248.43 150.248.43 150,248.43 12/01/91 420.551.45 418,731.13 89,096.57 88,710.92 331,454.88 330,020.21 06/01/92 724.183.37 697.968.09 1.028,638.75 991.402.26 (304,455.38) 26,999.50 (293.434.17) 12/01/92 384.118.37 358.362.86 332,998.75 310.670.87 51,119.62 47,692.00 06/01/93 734.118.37 662.971.59 817,998.75 738,722.74 (83,880.38) (32.760.76) (75,751.15) 12/01/93 373.093.37 326,149.91 321,116.25 280.712.67 51.977.12 45,437.24 06/01/94 1.767.977.37 1.496,054.22 831,116.25 703,286.70 936,861.12 988.838.24 792.767.52 12/01/94 324,385.00 265,706.57 308,111.25 252.376.60 16,273.75 13.329.97 06/01/95 724.385.00 574,356.96 843.111.25 668.493.71 (118.726.25) (102.452.50) (94.136.75) 12/01/95 310.785.00 238,530.21 293,933.75 225.596.73 16.851.25 12.933.48 06/01/96 735,785.00 546,644.74 858,933.75 638.136.98 (123.148.75) (106,297.50) (91,492.24) 12/01/96 295,910.00 212.806.45 278,396.25 200.211.27 17,513.75 12,595.18 06/01/97 750.910.00 522,737.84 873.396.25 608.005.31 (122,486.25) (104.972.50) (85,267.47) 12/01/97 279.530.00 188,362.90 261.438.75 176.172.01 18.091.25 12,190.89 06/01/98 769.530.00 501,953.41 891,438.75 581.472.74 (121.908.75) (103,817.50) (79,519.33) 12/01/98 261.400.00 165,049.55 243.011.25 153.438.78 18,388.75 11,610.77 06/01/99 786.400.00 480,643.60 908,011.25 554,971.76 (121,611.25) 003.222.50) (74,328.16) 12/01/99 241.450.00 142,849.19 223.227.50 132,068.20 18,222.50 10,780.99 06/01/2000 806.450.00 461,847.83 928,227.50 531.588.89 (121,m.50) (103,555.00) (69,741.06) 12/01/2000 219,415.00 121,635.03 201.901.25 111.926.10 17,513.75 9,708.93 06/01/2001 824,415.00 442,393.92 946,901.25 508,121.95 (122,486.25) (104.972.50) (65,728.03) 12/01/2001 195,517.50 101,559.33 178.992.50 92.975.60 16,525.00 8,583.72 06/01/2002 850.517.50 427,649.85 968,992.50 487,220.43 (118,475 .00) 001,950.00) (59,570.57) 12/01/2002 169,317.50 82,409.60 154.305.00 75.102.77 15,012.50 7,306.83 06/01/2003 879,317.50 414,278.69 994,305.00 468.453.52 (114,987.50) (99,975.00) (54,174.82) 12/01/2003 140,562.50 64,104.31 127,635.00 58,208.65 12,927.50 5,895.66 06/01/2004 905.562.50 399,767.16 1,022,635.00 451,449.67 (117,072.50) 004,145.00) (51,682.51> 12/01/2004 109,484.38 46,785.55 98,995.00 42,303.16 10,489.38 4,482.39 06/01/2005 939,484.38 388,615.44 1,048.995.00 433,914.24 (109,510.63) (99.021.25) (45,298.81> 12/01/2005 75,765.63 30,337.07 68.357.50 27.370.80 7.408.13 2,966.26 06/01/2006 970,765.63 376,258.82 1,083,357.50 419.898.27 (112,591.88) (105.183.75) (43,639.46) 12/01/2006 39,406.25 14,784.56 35.370.00 13.270.22 4,036.25 1,514.33 06/01/2007 1,009,406.25 366,589.56 1,115,370.00 405,072.78 (105,963.75) (101,927.50) (38,483.22) =======:=================:=========:===::==::=:===========:=:::::=:=:=====:=:====:=======::=:=====::======z======a== Total 18,019.899.79 11,538,895.94 18,378,315.32 11,431,327.32 (208.167.10) (208.167.10) 257,817.05 =================::=========:===========:=:========:============:=====:=======:=:=========:====:==============a:=:_. Smith Barney, Harris Uph.. & Co. Page f 3 10/18/91 =======:==========-==:=:=::===============:=======:=========.=:::::::========:====:========:==:====:===:=======a=z== ."1 '" ============================:s=========:==:======._.===......aa._===========_=-======za==.=......===........ City of Delray Beach, Floridll General Obl igation Ref~ing ReveR.Ie Bonds, Series 1991 Current Market - Level Savings Scenario =================-===:======:=====:=:==:==::===.-.========-==:=.=.====_.==========::===================..... Savings Report Series 1985 Pres Value Series 1991 Pres Value Total Amua l Pres Value Date Debt Service 6.53498475% Debt Service 6.53498475% Savings Savings 6.53498475% ============================================================================:===========================:=== 11/07/91 19,425.02 19,425.02 19,425.02 02/01/92 335,143.75 330,152.63 315,619.29 310,918.94 19,524.46 19,524.46 19,233.69 08/01/92 173,943.75 165,931.50 140,101.25 133,647.86 33,842.50 32,283.64 02/01/93 343,943.75 317,719.45 365,101.25 337,263.77 (21,157.50) 12,685.00 (19,544.33) 08/01/93 167,058.75 149,438.32 134,645.00 120,443.39 32,413.75 28,994.93 02/01/94 347,058.75 300,629.86 369,645.00 320,194.56 (22,586.25) 9,827.50 <19,564.70) 08/01/94 159,768.75 134,016.21 128,652.50 107,915.47 31,116.25 26,100.73 02/01/95 359,768.75 292,230.33 378,652.50 307,569.08 <18,883.75) 12,232.50 (15,338.75) 08/01/95 151,668.75 119,298.32 122,090.00 96,032.52 29,578.75 23,265.80 02/01/96 366,668.75 279,285.56 387,090.00 294,840.09 (20,421.25) 9,157.50 (15,554.53) 08/01/96 142,961.25 105,445.80 114,868.75 84,725.25 28,092.50 20,720.55 02/01/97 377,961.25 269,957.01 394,868.75 282,033.11 (16,907.50) 11,185.00 (12,076.10) 08/01/97 133,443.75 92,295.80 106,958.75 73,977.56 26,485.00 18,318.24 02/01/98 388,443.75 260,164.60 406,958.75 272,565.23 (18,515.00) 7,970.00 (12,400.63) 08/01/98 122,925.00 79,725.39 98,258.75 63,727.62 24,666.25 15,997.77 02/01/99 397,925.00 249,915.98 413,258.75 259,546.31 (15,333.75) 9,332.50 (9,630.33) 08/01/99 111,581.25 67,861.02 88,966.25 54,107.12 22,615.00 13,753.90 02/01/2000 406,581.25 239,448.92 418,966.25 246,742.85 (12,385.00) 10,230.00 <7,293.93) 08/01/2000 99,412.50 56,694.76 79,066.25 45,091.33 20,346.25 11,603.43 02/01/2001 424,412.50 234,383.18 434,066.25 239,714.49 (9.653.75) 10,692.50 (5,331.31) 08/01/2001 86,006.25 45,994.37 68,238.75 36,492.68 17,767.50 9,501.69 02/01/2002 436,006.25 225,789.49 443,238.75 229,534.90 <7,232.50) 10,535.00 (3,745.41) 08/01/2002 71,568.75 35,889.78 56,613.75 28,390.26 14,955.00 7,499.53 02/01/2003 456,568.75 221,712.37 461,613.75 224,162.26 (5,045.00) 9,910.00 (2,449.88) 08/01/2003 55,687.50 26,186.52 43,856.25 20,622.99 11,831.25 5,563.53 02/01/2004 465,687.50 212,056.25 468,856.25 213,499.17 (3,168.75) 8,662.50 (1,442.93) 08/01/2004 38,775.00 17,097.97 30,362.50 13,388.45 8,412.50 3,709.52 02/01/2005 488,775.00 208,707.57 485,362.50 207,250.43 3,412.50 11,825.00 1,457.14 08/01/2005 20,212.50 8,357.68 15,802.50 6,534.18 4,410.00 1,823.49 02/01/2006 510,212.50 204,292.80 505,802.50 202,527.00 4,410.00 8,820.00 1,765.80 ========:=====================================:============================================================= Total 7,640,171.25 4,950,679.44 7,477,581.79 4,833,458.90 182,014.48 182,014.48 136,645.57 ==========================================================================:====:====:=================z==:== S.ith Barney, Harris Upham & Co. Page 3 10/18/91 =======:============================================_======================================:==========za==-= ""'1 REPORT TO CITY OF DELRAY BEACH, FLORIDA REFUNDING ANAL YSIS October 22, 1991 Public Financial Management, Inc. Barnett Plaza, Suite 720 201 South Orange Ave. Orlando, FL 32801 (407) 648-2208 Atlanta. Boston, Denver, Fort Myers, Harrisburg, Mmlphis, New Yott, Orlando. Pbiladelphia, Ponland, San Francisco .'. The purpose of this report is to describe and analyze two advance refundings which have been proposed to the City ofDelray Beach, Florida (the "City") by Smith Barney, Harris Upham and Co. The proposal is to simultaneously refund the City's outstanding General Obligation Bonds, Series 1985 (the "Series 1985 G.O. Bonds"), Utilities Tax Revenue Bonds, Series 1987 (the "Series 1987 Bonds") and the Utilities Tax Revenue Note, Series 1989 (the "Series 1989 Note"). The Series 1985 G.O. Bonds and the Series 1987 Bonds are proposed to be advance refunded for debt service savings. The Series 1989 Note is proposed to be current refunded to restructure a large bullet maturity due June 1, 1994. A verbal description of each refunding is provided below and cOITesponding fmancial schedules are included as Appendices A and B. Refunding of the Series 1987 Bonds and Series 1989 Note The City would issue Utilities Tax Revenue Bonds, Series 1991 (the "Series 1991 Bonds") to (i) current refund the June 1, 1994 bullet maturity of the Series 1989 Note which has a principal amount of $1,019,884 and (ü) advance refund the June 1, 1992 through June 1,2007 maturities of the Series 1987 Bonds (the "Outstanding Bonds") which total $9,345,000 in principal and $16,397,798 in gross debt service payments. The Series 1989 Note will be redeemed at the closing date of the Series 1991 Bonds. The Outstanding Bonds will be defeased and discharged as obligations of the City by creating an escrow account which provides for: (1) the payment of all interest on and principal of the Outstanding Bonds until the June 1, 1995 call date of the Series 1987 Bonds and (2) the payment of all principal of and the 2.0% call premium on the remaining Outstanding Bonds at the call date. The escrow account will consist of U.S. Government securities, purchased with proceeds of the Series 1991 Bonds, which would upon maturity meet the required provisions. The future value amount required to defease the Outstanding Bonds is $11,878,510; this amount includes interest, principal, and call premium and is calculated as follows: Future Value: Principal on Outstanding Bonds $ 9,345,000 Interest on Outstanding Bonds 2,375,710 Call Premium on Outstanding Bonds 157.800 Total $11,878,510 The present value of this requirement, which is also the amount needed to sufficiently fund the escrow account, is $9,830,300. This amount will be invested at an estimated average yield of 6.4265%, the arbitrage yield of the Series 1991 Bonds, so that the principal amount of the investments plus interest earnings will equal the required future value amount. The Series 1991 Bonds will be sized so that debt service will be approximately level through a fmal maturity of June 1, 2007. The Series 1991 Bonds could be structured using CUITent interest bonds, capital appreciation bonds (CABs) and/or original issue discount (OlD) bonds, although only current interest bonds have been used in this analysis. One outcome of the refunding is to lengthen the maturity of the Series 1989 Note so that the large principal amount due June 1, 1994 is spread over a number of years. We have assumed that municipal bond 1 ." insurance will be utilized as credit enhancement and that a debt service reserve will be required for the Series 1991 Bonds. The sources and uses of the funds are estimated as follows: Sources: Par Amount of Refunding Bonds $11,305,000 Liquidated Debt Service Reserve 1,049,060 Premium or Discount 0 Total $12,354,060 Uses: Cost of Escrow Account $ 9,830,300 Redemption of Series 1989 Note 1,019,884 Underwriter's Discount 142,895 Bond Insurance Premium 151,752 Debt Service Reserve Fund 1,130,500 Costs of Issuance 75,000 Rounding 3.729 Total $12,354,060 The total debt service on the Series 1991 Bonds is $17,853,208. Mter accounting for the change in the size of the debt service reserve fund, debt service is $91,296 greater than on the combined Series 1987 Bonds and Series 1989 Note. This result is expected because the maturity of the Series 1989 Note is lengthened which causes more interest to be paid, albeit at a lower rate. On a present value basis, however, the refunding results in debt service savings of $225,860 or 2.42% of the refunded principal of the Series 1987 Bonds and 2.18% of the refunded principal of the combined Series 1987 Bonds and Series 1989 Note. These savings estimates differ from the analysis previously provided by Smith Barney because (i) we have assumed later different dated and delivery dates, (ü) the later dates prevent the December 1, 1991 debt service payment from being refunded, and (ill) we have assumed a slightly more conservative approach to funding the escrow account. From this straightforward analysis, refunding the Series 1987 Bonds and Series 1989 Note provides some economical benefits with debt service savings less than the 5.0% benchmark level which is often used by municipal governments. However, because the the final maturity of June 1,2007 is relatively short and because the issue size is relatively small, savings of less than 5.0% may be acceptable to the City. Also, if the City needs to refund the Series 1989 Note for budgetary purposes, the percentage savings associated with just the Series 1987 Bonds principal is the more pertinent ratio. Advance Refunding of the Series 1985 G.O. Bonds The City would issue General Obligation Bonds, Series 1991 (the "Series 1991 G.O. Bonds") to advance refund the February 1, 1992 through February 1, 2006 maturities of the Series 1985 G.O. Bonds (the "Outstanding G.O. Bonds") which total $4,390,000 in principal and $7,640,171 in gross debt service payments. The Outstanding G.O. Bonds will be defeased and discharged as obligations of the City by creating an escrow account which provides for: (1) the 2 .. payment of all interest on and principal of the Outstanding G.O. Bonds until the February 1, 1995 call date of the Series 1985 G.O. Bonds and (2) the payment of all principal of and the 2.0% call premium on the remaining Outstanding G.O. Bonds at the call date. The escrow account will consist of U.S. Government securities, purchased with proceeds of the Series 1991 G.O. Bonds, which would upon maturity meet the required provisions. The future value amount required to defease the Outstanding G.O. Bonds is $5,682,236; this amount includes interest, principal, and call premium and is calculated as follows: Future Value: Principal on Outstanding G.O. Bonds $ 4,390,000 Interest on Outstanding G.O. Bonds 1,181,686 Call Premium on Outstanding G.O. Bonds 110.550 Total $5,682,236 The present value of this requirement, which is also the amount needed to sufficiently fund the escrow account, is $4,833,600. This amount will be invested at an estimated average yield of 6.20755%, the arbitrage yield of the Series 1991 G.O. Bonds, so that the principal amount of the investments plus interest earnings will equal the required future value amount The Series 1991 G.O. Bonds will be sized so that debt service will be approximately level through a final maturity of February 1, 2006. The Series 1991 G.O. Bonds are assumed be structured using current interest bonds in this analysis. We have also assumed that municipal bond insurance will be utilized as credit enhancement and that a debt service reserve will not be required for the Series 1991 G.O. Bonds. The sources and uses of the funds are estimated be as follows: Sources: Par Amount of Refunding Bonds $4,955,000 Premium or Discount 0 Total $4,955,000 Uses: Cost of Escrow Account $4,833,600 Underwriter's Discount 62,631 Bond Insurance Premium 22,316 Costs of Issuance 34.500 Rounding 1.953 Total $4,955,000 The total debt service on the Series 1991 G.O. Bonds is $7,438,774; an amount $201,397 less than the total debt service on the Outstanding G.O. Bonds. On a present value basis, the debt service savings are $136,992 or 3.12% of the refunded principal. An advance refunding of the General Obligation Bonds, Series 1985 provides some economical benefits, although debt service Savings are less than the 5.0% benchmark level which 3 "'" is often used by municipal governments. Again, the relatively short final maturity and the relatively small issue size may make a lower benchmark savings level more appropriate. Implementation of this refunding transaction simultaneously with the refunding described above would result in some economies of scale and cost of issuance savings. There are other considerations, such as (i) Federal regulations regarding advance refundings, (ii) future borrowing needs of the City and (üi) market timing and the future direction of interest rates, which should be considered alongside the potential savings of the transaction. Advance Refunding Regulations Current federal tax regulations limit the number of times a bond issue can be advance refunded to one. Since the Series 1987 Bonds can be advance refunded only one time, doing so now for savings eliminates the chance to restructure the debt service on these bonds or make covenant changes to the Utilities Tax Revenue Bond Resolution before the new call date. Therefore, if the City anticipates any changes to the debt structure or the bond covenants, those changes need to be made if and when any outstanding Utilities Tax Revenue Bonds are advance refunded. Because of this limitation, the future borrowing needs of the City and the savings achieved from the transaction are especially important. Future Borrowing Needs If the City expects to need new money fmancing for improvements in the coming months, it may be possible to achieve economies of scale and transaction cost savings by combining the new money issue with a refunding issue. The drawback to combining the issues is the risk that the municipal credit market changes for the worse before the new money issue can be structured, making the refunding economically unfeasible. Market Timing Considerations As mentioned above, the bonds can only be advance refunded one time, so it is important to consider where tax-exempt interest rates are on a historical basis and where they may be headed in the future. A good proxy for the City's General Obligation Bonds is ~ B2nd ~ 2O-Bond General Obligation Index (the "G.O. Bond Index") which tracks interest rates on investment grade, tax-exempt G.O. bond issues. A good proxy for the City's Utilities Tax Revenue Bonds is ~ 1k!w1 ~ 25-Bond Revenue Index (the "Revenue Bond Index") which tracks interest rates on investment grade, tax-exempt revenue bond issues. As reported in ~ B.m1d Buyer on October 18, 1991, the G.O. Bond Index was at 6.67% and the Revenue Bond Index was at 6.91% for the week. Statistically, the 6.67% level for the G.O. Bond Index is near the low for the past decade of 6.64% that was reached October 3, 1991. The 6.91% level for the Revenue Bond Index is near the all-time low of 6.87% that was also reached October 3, 1991. The charts on the following pages graphically display trends in interest rates. It can be seen from this data that the current market is historically a good one for tax-exempt rates. The future direction of the tax-exempt market is uncertain at best. The economic slowdown, the continuing Federal budget deficit, the S & L failures, and Federal Reserve monetary policy have all at one time or another caused interest rates to gyrate over the past year. 4 .'. Uncertainty in the market will probably continue until these issues and many others form a consistent trend. While it is possible that interest rates could come down in the future, the data presented above suggests that the risk of rising interest rates is greater than the prospect of significantly lower interest rates. Conclusion Given the possible need to eliminate the large Series 1989 Note bullet maturity, the potential for debt service savings, the historically low level of current interest rates, and the uncertainty of future interest rate levels, the City may wish to consider undertaking these refunding transactions. As fmancial advisor to the City, PFM recommends that the City establish a minimum amount of debt service savings it wishes to achieve in order to proceed with the proposed refundings. Because of the relative short maturities on the two issues and because of the relative small size of both issues, a 5.0% level of savings may not be achievable during the life of the bonds. It may be in the City's best interest to lock in now the debt service savings associated with historically low tax-exempt interest rates if the City does not anticipate future legal changes to the Utilities Tax Revenue Bond Resolution. Assuming that the City will need to refinance the Series 1989 Note prior to its stated maturity, PFM recommends the City proceed with preparation to do the refundings, but not authorize a sale of bonds unless present value debt service savings are approximately 3.0% of the refunded principal amount of the Series 1985 G.O. Bonds and the Series 1987 Bonds. 5 ."11' - ~ ~ - ~ - ~ ð - Iš In - ~ (;1 ~ IÓ ~ 00 ~ "0 ~ C ~....... CØ'\ eØ'\ ;....... = ... r-- Cl)r--- 00 =....... ~ .t:J... - 008 ~ -e Et: ~o In ~ ~ c!fm - ~Q "0= 0 C e - e ... =;: . <= ~ <=oc ~ NØ'\ N ..1:#2 ....... ~ I - ... ... - I V) ~~ - ~~ - I ~; 8 I ~= fI!. I M I: C ~ I ~ <:) = ~ ~ÞO"') - I - ~ I ~ ~ I I ~ - - ~ I Iš I ~ - N ~ ('P') r--= 0 ~ 0 0 0 0 0 0 0 0 - In In "1 In In In "1 In (f") M - 0 0\ CIÓ r-- \Ó - - - - PI~!Å .'~, - I $ - S ~ - ð - ~ g ~ - ~ \Ö 00 I ~ 0\ * ...-I ~ ~Ø\ "CØ\ c...-l Þ-Cr--:' r--- Q,»...-I 00 = ... ~ æ.! - ~ ~ e I Q,»~ ~O 11"1 "C ~ B c.c I I eell - tIS == I ~ 0 . e I 0 11)'" - ~ ~.c I ... I ..~ = c .... "'-oc ~ :§ ~Ø\ ~ ~...-I ~ ÞO - ~~ ï;:) c - = ~~ - Q, - ~ ~ ... g ~ = ~= fit M c ~ .... ~ C <"'I ~ 1 ~:; .,¡ - - I H - >- ~ 0 <"'I - .$ ~ ÞO '§ i 0 i ~ ø::I ~ 0 8 0 ~ ~ ~ 0 ~ 0 ~ 0 - 8 r--- ~ 11"1 - r--- ~ ~ ~ N - Ó Ó 0\ oö oö r--- \Ö ! - - - - - - - PI~!Å * ~"f '11,,1 Appendix A Refunding of Utilities Tax Revenue Note, Series 1989 and Utilities Tax Revenue Bonds, Series 1987 CITY OF DELRA Y BEACH, FWRIDA Advance Refunding. UtUittes Tax ReveDue BoocIa and Note Sources and Uses of Funds for Refundlna Deftt Sources Par AmOWlt of Bonds 11,305,000 +Premium/-Discount 0 Total Bond Proceeds 11,305,000 liquidated Debt Service Reserve 1,049,060 Accrued Interest 0 Total Sources 12,354,060 Uses Escrow Deposit 9,830,300 Repayment of Series 1989 Note 1,019,884 Underwriters' Discount (1) 142,895 Municipal Bond Insurance (2) 151,752 Debt Service Reserve Fund (3) 1,130,500 Other Cost of Issuance (4) 75,000 Accrued Interest 0 Contingency 3,729 Total Uses 12,354,060 Approximate Level Annual Debt Service 1,141,500 All-In Bond Yield (TIC) 6.72756" 10 proceeds of 10,935,353 Arbitrage Yield 6.42655" 10 proceeds of 11,153,248 Escrow Yield 6.4265Ot. 10 principal of 9,830,300 (1) Underwriters' discount equals $12.64/$1,000 01' 1.264% (2) Bond insurance equals 85 basis points of total debt service less accrued interest 01' 0.850% (3) Debt Service Reserve is leallei' of Maximum Annual Debt Service 01' 10.()()()% (4) Includes Bond Coonsc:I, F'mancial AdviJor, Rating Agmcies, Financial Printer, etc. Dated Date l-Dec-91 Delivery Dare l-Dec-91 Number Day. Accrued Interest - Banker'. Days 0 Number Days Accrued Interest - Actual Days 0 F'lJ'St Coupon Date l-Jun-92 Number Day. lit Coupon Period - Bank«'. Days 180 Number Day. lit Coupon Period - Actual Days 183 Net Present Value Debt Service Savinp 225,860 Refunded Principal- Series 1987 Bonds 9,345.000 Present Value Savings As Pm:entage of Refunded Principal 2.42% Reñmdcd Principal- Series 1987 Bonds Ißd Series 1989 Note 10,364,884 Present Value Saving. As Pen:entage of Refunded Principal 2.18% Prepared by: Public Financial Management. Inc. 5: 15 PM 22-Oct-91 IN"I ", CITY OF DELRA Y BEACH, FLORIDA Advance Refundlng- Utßltles Tu Revenue Bonds and Note Debt Service for Series 1987 Bonds Period FIscal Debt Debt Date PrIncipal Coupon Interest Service Service I-Dcc-91 0 0 I-Jun-92 330.000 6.100% 357.850 687.850 687.850 I-Dcc-92 347.785 347.785 I-Jun-93 350,000 6.300% 347.785 697 .785 1,0450570 I-Dcc-93 336,760 336.760 I-Jun-94 375,000 6,6()()'1, 336,760 711.760 1,0480520 I-Dcc-94 324.385 324.385 l-Jun-95 400.000 6.800% 324,385 724,385 1,048.770 I-Dcc-95 310.785 310,785 I-J\D1-96 425.000 7.()()()'11 310.785 735.785 1.0460570 I-Dcc-96 195.910 195,910 l-Jun-91 455.000 7.200% 195.910 750,910 1,046.820 l-Dec-91 2790530 2790530 l-Jun-98 490.000 7.400% 2790530 7690530 1,049.060 l-Dec-98 261.400 261.400 I-J\D1-99 525.000 7.6()()'1, 261,400 786,400 1,047.800 l-Dec-99 241.450 241,450 I-J\D1-OO 565,000 7.800% 241.450 806,450 1,047,900 l-Dec-OO 219.415 219,415 l-Jun-Ol 6OS.000 7.90()11¡ 219.415 824,415 1.043,830 I-Dcc-Ol 1950518 1950518 l-Jun-02 655.000 8.()()()'11 1950518 8500518 1.046.035 I-Dcc-02 169,318 169.318 I-J\D1-03 710,000 8.100% 169,318 879,318 1,048.635 I-Dcc-03 1400563 1400563 l-Jun-04 765,000 8.125% 1400563 9050563 1.046.125 I-Dcc-04 109.484 109,484 I-Jun-OS 830.000 8.125% 109.484 939,484 1.048,969 I-Dcc-05 75,766 75.766 l-Jun-06 895.000 8.125% 75.766 910.766 1.0460531 I-Dcc-06 39.406 39.406 l-Jun-07 910,000 8.125% 39,406 1.009.406 1,048,813 I-Dcc-07 0 0 l-Jun-08 0 0 0 l-Dec-08 0 0 9,345.000 7 .OS2, 798 16,391.798 16.391.798 ." CITY OF DELRA Y BEACH, FWRIDA Advance Refundlna - UtUltIes Tax Revenue 80Dds and Note Series 1987 Debt Service to be Refunded Period FIscal Debt Debt Date PrIncipal Coupon Interest Service Service l-Dec-91 l-Dec-91 0 0 l-Jun-92 330,000 6.100% 357,850 687,850 687,850 l-Dec-92 347,785 347,785 I-Jun-93 350,000 6.300% 347,785 fH7 ,785 1,045,570 l-Dec-93 336,760 336,760 l-Jun-94 375,000 6.600% 336,760 711,760 1,048,520 l-Dec-94 324,385 324,385 l-Jun-95 400,000 6.800% 324,385 724,385 1,048,770 l-Dec-95 310,785 310,785 l-Jun-96 425,000 7.()()()tI, 310,785 735,785 1,046,570 l-Dec-96 295,910 295,910 l-Jun-97 455,000 7.~ 295,910 750,910 1,046,820 l-Dec-97 279,530 279,530 l-Jun-98 490,000 7.400% 279,530 769,530 1,049,060 l-Dec-98 261,400 261,400 I-Jun-99 525,000 7.600% 261,400 786,400 1,047,800 l-Dec-99 241,450 241,450 I-Jun-OO 565,000 7.800% 241,450 806,450 1,047,900 l-Dec-OO 219,415 219,415 l-Jun-Ol 605,000 7.900% 219,415 824,415 1,043,830 l-Dec-Ol 195,518 195,518 l-Jun-02 655,000 8.()()()tI, 195,518 850,518 1,046,035 l-Dec-02 169,318 169,318 l-Jun-03 710,000 8.100% 169,318 879,318 1,048,635 l-Dec-03 140,563 140,563 I-Jun-04 765,000 8.125CJ¡ 140,563 905,563 1,046,125 l-Dec-04 109,484 109,484 I-Jun-OS 830,000 8.125CJ¡ 109,484 939,484 1,048,969 l-Dec-OS 75,766 75,766 I-Jun-06 895,000 8.125CJ¡ 75,766 970,766 1,046,531 l-Dec-06 39,406 39,406 l-Jun-07 970,000 8.125CJ¡ 39,406 1,009,406 1,048,813 l-Dec-07 0 0 l-Jun-08 0 0 0 l-Dec-08 0 0 9,345,000 7,052.798 16.397,798 16.397,798 ." CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - UtDltIes Tax Revenue Bonds and Note CalculatloR 01 Escrow Requirement Eøerow Date PrIncipal IDterest Premium Requirement l-Dec-91 102.()()IJ, l-Dec-91 0 0 l-Jun-92 330,000 357,850 687,850 l-Dec-92 347,785 347,785 I-Jun-93 350,000 347,785 697,785 l-Dec-93 336,760 336,760 l-Jun-94 375,000 336,760 711,760 l-Dec-94 324.385 324.385 I-Jun-95 8,290,000 324,385 157 .800 8,772,185 9.345,000 2,375.710 157,800 11,878.510 ." CITY OF DELRA Y BEACH, FWRIDA Advance Refunding - UtOltlts Tax Revenue Bonds and Note Debt Se"1œ tor Series 1989 Note Period FIscal Debt Debt Date Principal Coupon Interest Service Service l-Dec-91 0 0 I-J\D1-92 36,333 36,333 36,333 l-Dec-92 36,333 36,333 l-Jun-93 36,333 36,333 72,667 l-Dec-93 36,333 36,333 I-Joo-94 1,019,884 7.125% 36,333 1,056,217 1,092,551 1,019,884 181,667 1,201,551 1,201,551 .. CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - Utllltles Tax Revenue Bonds and Note Refunding Bond Issue Debt Service Schedule Period FIscal Total Debt Total Debt Date Principal Coupon Yield PrIce Proceeds Interest Service Service l-Dec-91 0 0 I-JW1-92 385,000 4.600()% 4.60()()% 100.000 385,000 339,303 724,303 724,303 l-Dec-92 330,448 330,448 I-JW1-93 480,000 4.900()% 4.900()% 100.000 480,000 330,448 810,448 1,140,895 1- Dec·93 318,688 318,688 I-JW1-94 505,000 5.1 ()()()% 5.1 ()()()% 100.000 505,000 318,688 823,688 1,142,375 l-Dec-94 305,810 305,810 I-JW1-9S 530,000 5.3O()()% 5.3O()()% 100.000 530,000 305,810 835,810 1,141,620 l-Dec-9S 291,765 291,765 I-JW1-96 560,000 5.500()% 5.5OOO'J, 100.000 560,000 291,765 851,765 1,143,530 l-Dec-96 276,365 276,365 I-JW1-97 590,000 5.7()()()% 5.7()()()% 100.000 590,000 276,365 866,365 1,142,730 l-Dec-97 259,550 259,550 I-JW1-98 625,000 5,8500% 5.8500% 100.000 625,000 259,550 884,550 1,144,100 l-Dec-98 241,269 241,269 l-Jun-99 660,000 5.9500% 5.9500% 100.000 660,000 241,269 901,269 1,142,538 l-Dec-99 221,634 221,634 I-JW1-OO 700,000 6.0500% 6.05()()tI¡ 100.000 700,000 221,634 921,634 1,143,268 1- Dec"()() 200,459 200,459 I-JW1-01 740,000 6.1500% 6.1500% 100.000 740,000 200,459 940,459 1,140,918 l-Dec-Ol 177,704 177,704 I-JW1-02 785,000 6.25()()% 6.25()()% 100.000 785,000 177,704 962,704 1.140,408 l-Dec-02 153,173 153,173 I-JW1-03 835,000 6.3500% 6.3~ 100.000 835,000 153,173 988,173 1,141,345 l-Dec-03 126,661 126,661 l-Jun-04 890,000 6.40()()% 6.40()()% 100.000 890,000 126,661 1,016,661 1,143,323 l-Dec-04 98,181 98,181 l-Jun-05 945,000 6.4500% 6.4500% 100.000 945,000 98,181 1,043,181 1,141,363 l-Dec-05 67,705 67,705 l-Jun-06 1,005,000 6.500()% 6.5OOO'J, 100.000 1,005,000 67,705 1,072,705 1,140,410 l-Dec-06 35,043 35,043 I-JW1-07 1,070,000 6.5500% 6.5500% 100.000 1,070.000 35,043 1,105,043 1,140,085 l-Dec-07 0 0 l-Jun-08 0 0 0 l-Dec-08 0 0 Subtotal. 11,305,000 11 ,305.000 6,548,2()8 17,853,208 17,853,208 0 0 0 0 0 Total 11,305,000 11,305,000 6,548,2()8 17,853,208 17,853,208 ." CITY OF DELRA Y BEACH, FWRlDA Advance Refunding. UtUltles Tax ReveDue BODds and Note Combined Debt Service Schedule Remaining Remaining Period FIscal Series 1987 Series 1987 RefundlDa Refunding Total Debt Total Debt Date Principal Interest Principal Interest Service Service l-Dec:-91 0 0 0 0 I-J\U1-92 0 0 385,000 339,303 724,303 724,303 l-Dec:-92 0 0 330,448 330,448 1- J\U1-93 0 0 480,000 330,448 810,448 1,140,895 l-Dec:-93 0 0 318,688 318,688 I-J\U1-94 0 0 505,000 318,688 823,688 1,142,375 l-Dec:-94 0 0 305,810 305,810 I-J\U1-95 0 0 530,000 305,810 835,810 1,141,620 l-Dec:-95 0 0 291,765 291,765 I-J\U1-96 0 0 560,000 291,765 851,765 1,143,530 l-Dec:-96 0 0 276,365 276,365 I-J\U1-97 0 0 590,000 276,365 866,365 1,142,730 l-Dec:-97 0 0 259,550 259,550 I-J\U1-98 0 0 625,000 259,550 884,550 1,144,100 1- Dec:-98 0 0 241,269 241,269 I-J\U1-99 0 0 660,000 241,269 901,269 1,142,538 l-Dec:-99 0 0 221,634 221,634 I-J\U1-OO 0 0 700,000 221,634 921,634 1,143.268 l-Dec:-OO 0 0 200,459 200,459 I-J\U1-01 0 0 740,000 200,459 940,459 1,140,918 l-Dec:-Ol 0 0 177,704 177,704 I-J\U1-02 0 0 785,000 177,704 962,704 1,140,408 l-Dec:-02 0 0 153,173 153,173 I-J\U1-03 0 0 835,000 153,173 988,173 1,141,345 l-Dec:-03 0 0 126,661 126,661 I-J\U1-04 0 0 890,000 126,661 1,016,661 1,143,323 l-Dec:-04 0 0 98,181 98,181 I-Jun.-OS 0 0 945,000 98,181 1,043,181 1,141,363 l-Dec:-OS 0 0 67 ,70s 67,7OS I-J\U1-06 0 0 1,005,000 67,7OS 1,f112,7OS 1,140,410 l-Dec:-06 0 0 35,043 35,043 l-Jun.-07 0 0 1,070.000 35,043 1,105,043 1,140,085 l-Dec:-07 0 0 0 0 l-Jun.-08 0 0 0 0 0 l-Dec:-08 0 0 0 0 Total 0 0 11,305,000 6,548,208 17,853,208 17 ,853,208 .'. CITY OF DELRA Y BEACH, FLORIDA Advance Refunding· UtUltles Tax Revenue Bonds and Note Escrow Sizing Worksheet Investment EarnIngs Interat Period Escrow Cash Date PrIncipal Rate Earnlnas Income Requirement Balance I-Dcc-91 0 0 0 0 0 I-JW1-92 372,000 6.42650'1. 315,872 687,872 687,850 42 I-Dcc-92 43,900 6.42650'1. 303,919 347,819 347,785 16 I-JW1-93 395,300 6,42650'1. 302,S08 697,808 697,785 99 I-Dcc-93 46,900 6.42650'1. 289,806 336,106 336,760 46 l-Jun-94 423.soo 6.42~ 288,299 711,799 711,760 85 1- Dcc-94 49,100 6.4265C)11¡ 214,691 324,391 324,385 91 I-JW1-95 8,499,000 6,42~ 273,094 8,712,094 8,712.185 0 9,830,300 2,048,190 11,878,490 11,878,510 !II~ CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - Utllldes Tax Revenue Bonds and Note Escrow Sizing Present Value Worksheet Present Period Arb. Vleld Value Arbltrap Date Income PV Factor Casb Flow Income l-Dec-91 0 1.00000 0 0 I-JWl-92 687,872 0.96887 666,457 294,457 l-Dec-92 347,819 0.93870 326,499 282,599 I-JWl-93 697,808 0.90948 634,643 239,343 l-Dec-93 336,706 0.88117 296,694 249,794 I-JWl-94 711,799 0.85373 607,687 184,187 l-Dec-94 324,391 0.82715 268,322 218,622 l-Jun-95 8,772,094 0.80140 7,029,985 0,469,015) 11,878,490 9,830.286 (14) '-'* '" CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - UtUltles Tax Revenue Bonds ud Note Debt Service Savings Schedule Refunding Refunded Change Debt Preøe.t Debt Debt GI'OI8 In DSRF Service Value FIsc:aI Date Service Servke Savlnas Income SavlnRS SavlnRS SavinRS I-Dcc-91 0 0 0 0 0 0 l-Jun-92 724,303 724,183 (119) 2,617 2,498 2,420 2,498 1- Dcc-92 330,448 384,118 53,671 2,617 56,288 52,838 I-Jun-93 810,448 734,118 (16,329) 2,617 (13,712) (67,040) (17,424) l-Dec-93 318,688 373,093 54,406 2,617 57,023 50,247 I-Jun-94 823,688 1,767977 944,290 2,617 946,907 808,406 1,003,930 l-Dec-94 305,810 324,385 18,575 2,617 21,192 17,529 I-Jun-95 835,810 724,385 (111 ,425) 2,617 (108,808) (87,199) (87,616) l-Dec-95 291,765 310,785 19,020 2,617 21,637 16,800 I-Jun-96 851,765 735,785 (115980) 2,617 (113,363) (85,281) (91,726) I-Dcc-96 276,365 295,910 19,545 2,617 22,162 16,153 I-Jun-97 866,365 750,910 (115,455) 2,617 (112,838) (19,683) (90,676) 1- Dec-97 259,550 279,530 19,980 2,617 22,597 15,460 I-Jun-98 884,550 769,530 (115,020) 2,617 (112,403) (14,510) (89,806) 1- Dec-98 241,269 261,400 20,131 2.617 22,748 14,610 l-Jun-99 901,269 786,400 (114,869) 2,617 (112,252) (69,849) (89,504) l-Dec-99 221,634 241,450 19,816 2,617 22,433 13,524 I-Jun-OO 921,634 806,450 (115,184) 2,617 (112,567) (65,752) (90,134) I-Dcc-OO 200,459 219,415 18,956 2,617 21,573 12,209 I-Jun-Ol 940,459 824,415 (116,044) 2,617 (113,427) (62,193) (91,854) I-Dcc-Ol 177,704 195,518 17,814 2,617 20,431 10,854 I-Jun-02 962,704 850,518 (112,186) 2,617 (109,569) (56,395) (89,139) l-Dec-02 153,173 169,318 16,145 2,617 18,762 9,356 I-Jun-03 988,173 879,318 (108,855) 2,617 (106,238) (51,329) (87,476) l-Dec-03 126,661 140,563 13,901 2,617 16,518 7,732 I-Jun-04 1,016,661 905,563 (111,099) 2,617 (108,482) (49,200) (91,964) l-Dec-04 98,181 109,484 11 ,303 2,617 13,920 6,117 I-Jun-05 1,043,181 939,484 (103,697) 2,617 (101,080) (43,033) (87,160) l-Dec-05 67,705 75,766 8,061 2,617 10,678 4,404 I-Jun-06 1,072,705 970,766 (101939) 2,617 (99,322) (39,693) (88,645) I-Dcc-06 35,043 39,406 4,364 2,617 6,981 2.703 l-Jun-07 1,105,043 1,009,406 (95,636) 84,057 (11,579) (4,344) (4,599) I-Dcc-07 0 0 0 0 0 0 I-Jun-08 0 0 0 0 0 0 0 I-Dcc-08 0 0 0 0 0 0 17,853,208 17,599,348 (253,859) 162,564 (91,296) 225,860 (91,296) ." Appendix B Refunding of General Obligation Bonds, Series 1985 CITY OF DELRA Y BEACH, FLORIDA Advance Refundln& - General ObUgatloD Bonds, Series 1985 Sources and Uses of Funds for Refunding Debt Sources Par Amount of Bonds 4,955,000 +Premium/-Discount 0 Total Bond Proceeds 4,955,000 Accrued Interest 0 Total Sources 4,955,000 Uses Escrow Deposit 4,833,600 Underwriters'Discount (1) 62,631 Municipal Bond InsurlllCC (2) 22,316 Other Cost of Issuance (3) 34,soo Accrued Interest 0 Contingency 1,952 Total Uses 4,955,000 Approximate Level Annual Debt Service 508,750 All-In Bond Yield (TIC) 6.54126% to proceeds of 4,835,552 Arbitrage Yield 6.20755% to proceeds of 4,932.684 Escrow Yield 6.20755% to principal of 4,833.600 (1) Underwriters' diacount equals $12.641$1,000 (]I' 1.264% (2) Bond ÍDSurIllCC equals 30 basis points of total debt service Icss acaucd interest (]I' O.~ (3) Includes Bond Counsel, Financial Advisor, Rating Agmcia, Financial Printa-, etc. Dated Date 1-Dcc-91 Delivery Date 1-Dcc-91 Nwnbcr Days Acaucd Intcn:lt - Bmtcr'. Days 0 Nwnbcr Day. Accrued Intel'e$t - Actual Days 0 FÎISt Coupœ Date 1-fcb..92 Nwnbcr Days lit Coupon Period - Banker'. Days 60 Nwnbcr Days lit Coupon Period - Actual Days 62 Net Present Valuc Debt Service Saving. 136,992 Refunded Principal 4,390,000 Present VaIuc Savings Þd Percentage of Refunded Principal 3.12% Prepared by: Public F'mancial Management, Inc. 5:19 PM 22-Oct-91 .'. CITY OF DELRA Y BEACH, FLORIDA Advauœ Refunding. General ObUgatloll BondI, Series 1985 Debt Service for Remaining Series 1985 Boads Period FIscal Debt Debt Date PrIncipal CouJ)Oll Interest Service Service I-Dcc-91 0 0 I-Fcb-92 155,000 8.()()()CJ, 180,144 335,144 335,144 l-Aug-92 173,944 173,944 I-Feb-93 170,000 8.1~ 173,944 343,944 517,888 l-Aug-93 167,059 167,059 I-Feb-94 180,000 8.1~ 167,059 347,059 514,118 l-Aug-94 159,769 159,769 I-Fcb-95 200,000 8.1~ 159,769 359,769 519,538 l-Aug-95 151,669 151,669 I-Fcb-96 215,000 8.1~ 151,669 366,669 518,338 l-Aug-96 142,961 142,961 I-Fcb-97 235,000 8.1~ 142,961 377,961 520,923 l-Aug-97 133,444 133,444 I-Feb-98 255,000 8.250% 133,444 388,444 521,888 l-Aug-98 122,925 122,925 I-Feb-99 275,000 8.250% 122,925 397 ,925 520,850 l-Aug-99 111,581 111.581 I-Feb-OO 295,000 8.250% 111,581 406,581 518,163 l-Aug-OO 99,413 99,413 I-FeIH>l 325,000 8.250% 99,413 424,413 523,825 l-Aug-Ol 86,006 86,006 I-Feb-02 350,000 8.250% 86,006 436,006 522,013 l-Aug-02 71,569 71,569 1- FeIH>3 385,000 8.250% 71,569 456,569 528,138 l-Aug-03 55,688 55,688 l-Feb-04 410,000 8.250% 55,688 465,688 521,375 l-Aug-04 38,775 38,775 I-Feb-OS 450,000 8.250% 38,775 488,775 527,550 l-Aug-05 20,213 20,213 I-Feb-06 490,000 8.250'1, 20,213 510,213 530,425 l-Aug-06 0 0 I-Feb-07 0 0 0 l-Aug-07 0 0 I-Fcb-08 0 0 0 l-Aug-08 0 0 4,390.000 3,2S0,I71 7,640,111 7,640,111 .'. CITY OF DELKA Y BEACH, FLORIDA Advance RefundlDa - General Obligation Bonds, Series 1915 Debt Service to be Refunded Period FIøaaI Debt Debt Date PrlndpaJ Coupoa Interest Service Service I-Dcc:-91 I-Dcc:-91 0 0 I-Feb-92 155,000 8.()()()% 180,144 335,144 335,144 l-Aug-92 173,944 173,944 I-Feb-93 170,000 8.100% 173,944 343,944 517,888 l-Aug-93 167,059 167,059 I-Feb-94 180,000 8.100% 167,059 347,059 514,118 l-Aug-94 l.S9,769 159,769 I-Feb-95 200,000 8.100% 159,769 359,769 519.538 l-Aug-95 151.669 151,669 I-Fcb-96 215,000 8.100% 151,669 366,669 518.338 l-Aug-96 142.961 142,961 I-Feb-97 235,000 8.100% 142.961 377.961 520,923 l-Aug-97 133,444 133,444 l-Feb-98 255,000 8.250% 133,444 388,444 521,888 l-Aug-98 122.925 122.925 . I-Fcb-99 275,000 8.2S()II, 122.925 397 ,925 520,850 l-Aug-99 111.581 111.581 I-Feb-OO 295,000 8.2S()II, 111.581 406.581 518.163 l-Aug-OO 99,413 99,413 l-Feb-Ol 325,000 8.2S()II, 99,413 424,413 523.825 l-Aug-Ol 86,006 86,006 I-Fc1H)2 350,000 8.2S()II, 86,006 436,006 522.013 l-Aug-02 71.569 71J69 I-Fcb-03 385,000 8.2S()II, 71.569 456J69 528,138 l-Aug-03 55,688 55,688 I-Feb-04 410,000 8.250% 55,688 465,688 521.375 l-Aug-04 38,775 38,775 I-Feb-OS 450,000 8.2S()II, 31,775 488,775 527.550 l-Aug-OS 20.213 20.213 I-Fcb-{)6 490,000 8.2S()II, 20.213 510.213 530,425 l-Aug-06 0 0 I-Fcb-07 0 O.()()()% 0 0 0 l-Aug-07 0 0 l-Feb-08 0 O.()()()% 0 0 0 l-Aug-08 0 0 4,390.000 3.250,171 7,640,171 7,640,171 ." CITY OF DELRA Y BEACH, FLORIDA Advance R.efundlDg . General ObUgaUoa Bouds, Series 1985 Calculation of Escrow R.equlrement Escrow Date PrIncipal Interest Premium Requirement I-JII1-92 103.()()'I, I-Dcc-91 0 0 I-Feb-92 155,000 180,144 335,144 l-Aug-92 173,944 173,944 I-Feb-93 170,000 173,944 343,944 l-Aug-93 167,059 167,059 I-Feb-94 180,000 167.059 347,059 l-Aug-94 159,769 159,769 l-Feb-95 3,885,000 159,769 110,550 4,155,319 4,390,000 1,181,686 110,550 5,682,236 ..'~' .. -~. . CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - General ObUgaUon ~ Series 1985 Refunding Bond Issue Debt Service Schedule Period FIscaI Total Debt Total Debt Date Principal Coupon Yield PrIce Proceeds Interest Service Service l-Dec-91 0 0 I-Feb-92 265,000 4.60()()% 4.60()()% 100.000 265,000 48,542 313,542 313,542 l-Aug-92 139.530 139.530 I-Feb-93 230,000 4.8500% 4.8500% 100.000 230,000 139.530 369.530 509,060 l-Aug-93 133.953 133,953 I-Feb-94 240.000 5.1 ()()()% 5.1 ()()()% 100.000 240,000 133.953 373.953 507.905 l-Aug-94 127.833 127,833 I-Feb-95 255.000 5.2SO()% 5.2SO()% 100.000 255.000 127,833 382,833 510,665 l-Aug-95 121.139 121,139 I-Feb-96 265.000 5.4500% 5.4500% 100.000 265.000 121.139 386.139 507,278 l-Aug-96 113.918 113.918 I-Feb-97 280.000 5.6500% 5.6500% 100.000 280.000 113.918 393.918 507,835 l-Aug-97 106.008 106,008 l-Feb-98 295.000 5.8()()()% 5.8()()()% 100.000 295,000 106,008 401,008 507,015 l-Aug-98 97.453 97 ,453 I-Feb-99 315,000 5.900()% 5.900()% 100.000 315.000 97 .453 412.453 509.905 l-Aug-99 88.160 88.160 I-Feb-OO 335.000 6.()()()()% 6. ()()()()% 100.000 335,000 88.160 423.160 511,320 l-Aug-OO 78,110 78,110 I-Feb-Ol 355,000 6.1 ()()()% 6.1 ()()()% 100.000 355.000 78,110 433.110 511 ,220 l-Aug-Ol 67,283 67.283 l-Feb-02 375.000 6.2()()()% 6.2()()()% 100.000 375.000 67.283 442.283 509.565 l-Aug-02 55.658 55,658 I-Feb-03 395,000 6.300()11, 6.300()11, 100.000 395.000 55.658 450,658 506.315 l-Aug-03 43.215 43.215 l-Feb-04 420,000 6.3500% 6.3500% 100.000 420,000 43.215 463.215 506,430 l-Aug-04 29,880 29.880 I-Feb-05 450,000 6.40()()11, 6.40()()11, 100.000 450.000 29,880 479,880 509,760 l-Aug-OS 15.480 15,480 l-Fe1H)6 480,000 6.4500% 6.4500% 100.000 480,000 15,480 495.480 510,960 l-Aua-06 0 0 l-Feb-07 0 0 0 l-Aug-07 0 0 l-Feb-08 0 0 0 l-Aug-08 0 0 Subtotal 4.955.000 4,955.000 2,483,714 7.438,714 7.438,774 0 0 0 0 0 Total 4.955,000 4,955.000 2,483,714 7.438,714 7.438.774 . ;'" OTY OF DELRAY BEACH, FLORIDA Advance Refunding. General ObUgatJon Bonds, Series 1985 Combined Debt Service Schedule RemaIning Remaining PerIod FIscal Series 1985 Series 1985 Refuacl1na Retuad1a& Total Debt Total Debt Date PrIncipal Interest PrIncipal Interest Service Service l-Dec-91 0 0 0 0 I-Fd>-92 0 0 265,000 48,542 313,542 313,542 l-Aug-92 0 0 1390530 1390530 1-Fd>-93 0 0 230,000 1390530 3690530 SOIJ,06O l-Aug-93 0 0 133,953 133.9.53 I-Fd>-94 0 0 240,000 133,953 373,9S3 S07 ,905 l-Aug-94 0 0 127,833 127,833 1-Fd>-9S 0 0 25S,OOO 127,833 382.833 S10,66S l-Aug-95 0 0 121,139 121,139 1-Fcb-96 0 0 265,000 121,139 386,139 S07 ,278 1-Aug-96 0 0 113,918 113,918 1-Fcb-97 0 0 280,000 113,918 393,918 S07 ,83S l-Aug-97 0 0 106,008 106.008 1-Fcb-98 0 0 195,000 106,008 401,008 S07 ,01S 1-Aug-98 0 0 97 ,4S3 97 ,4S3 I-Fcb-99 0 0 3U,OOO 97,453 412.453 SOIJ,905 l-Aug-99 0 0 88,160 88,160 I-Fcb-OO 0 0 33S,OOO 88,160 423,160 S 11,320 l-Aug-OO 0 0 78,110 78,110 1-Fcb-01 0 0 3SS,OOO 78,110 433,110 S 11,220 1-Aug-01 0 0 67,283 67,283 1-Fe1H)2 0 0 37S,OOO 67,283 442,283 SOIJ,s65 1-Aug-02 0 0 SS,6S8 SS,658 1-Fcb-03 0 0 395,000 SS,6S8 450,658 506,3lS 1-Aug-03 0 0 43,21S 43,215 I-Feb-04 0 0 420,000 43,2lS "63,215 506,430 l-Aug-04 0 0 29,880 29.880 I-Fcb-OS 0 0 450,000 29,880 479,880 SOIJ,760 l-Aug-OS 0 0 15,480 15,480 1-Feb-06 0 0 480,000 lS,480 495,480 510,960 1-Aug-06 0 0 0 0 1-Feb-07 0 0 0 0 0 1-Aug-07 0 0 0 0 1-Feb-08 0 0 0 0 0 1-Aug-08 0 0 0 0 Total 0 0 4,95S,ooo 2,483,774 7,438,774 7,438,774 "'101' CITY OF DELRA Y BEACH, FLORIDA AdylUlCle Refundln¡ - GeDeral Obligation Bonds, Series 1985 Escrow Sizing Worksheet Inyestment Earnings Intenlt Period Escrow Cash Date Prlnclpal Rate Earnl.... Income Requirement Balance I-Dcc-91 0 0 0 0 0 I-Fcb-92 285,200 6.20345% 49,975 335,175 335,144 54 l-Aug-92 32,900 6.20345% 141,079 173,979 173,944 89 I-Feb-93 203,800 6.20345% 140,058 343,858 343,944 4 l-Aug-93 33,400 6.20345% 133,737 167,137 167,059 82 I-Fcb-94 214,300 6.20345% 132.701 347,001 347.os9 25 l-Aug-94 33,700 6.20345% 126,054 159,754 159,769 10 I-Fcb-95 4,030,300 6.20345% 125.009 4,155.309 4,155,319 0 4,833,600 848,613 5,682,213 5,682,236 ." CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - GeDeral ObUgatloD Bonds, Series 1985 Escrow SIzIDI Present Value Worksheet Present Period Arb. Yield Value Arbltnp Date Income PV Factor CasII Flow Income l-Dec-91 0 1.00000 0 0 I-Feb-92 335,175 0.98986 331,777 46,577 l-Aug-92 173,979 0.96006 167,031 134,131 I-Feb-93 343,858 0.93116 320,188 116,388 l-Aug-93 167,137 0.90313 150,947 117,547 I-Feb-94 347,001 0.87595 303,954 89,654 l-Aug-94 159,754 0.84958 135,723 102,023 l-Feb-95 4,155,309 0,82400 3,423,979 (606,321) 5,682,213 4,833,600 0 ." CITY OF DELRA Y BEACH, FLORIDA Advance Refunding - General ObUgation Bonds, Series 1985 Debt Service Savings Schedule Prae.t Refunding Refuaded Val.. FIscal Date Debt Service Debt Service Savloø Savloø Savloø 1-Dec-91 0 0 0 0 1-Feb-92 313,542 335,144 21,602 21,383 21,602 1-Aug-92 139,530 173,944 34,414 33,039 1-Feb-93 369,530 343,944 (25,586) (23,825) 8,828 1-Aug-93 133,953 167,059 33,106 29,899 1-Feb-94 373,953 347,059 (26,894) (23,557) 6.213 1-Aug-94 127,833 159,769 31,936 27,132 1-Feb-95 382,833 359,769 (23,064) (19.oos) 8,873 1-Aug-95 121,139 151,669 30,530 24.399 1- Feb-96 386,139 366,669 (19,470) (15,()92) 11,060 1-Aug-96 113,918 142.961 29,044 21,835 1-Feb-97 393,918 377 ,961 (15,956) (11.635) 13,088 1-Aug-97 106,001 133,444 27,436 19,403 1-Feb-98 401,001 388,444 (12,564) (8.618) 14,873 l-Aug-98 97,453 122,925 25,473 16,946 1-Feb-99 412,453 391,925 (14,528) (9,374) 10,945 1-Aug-99 88,160 111,581 23,421 14,658 I-Feb-OO 423,160 406,581 (16,579) (10,063) 6,843 1-Aug-OO 78,110 99,413 21,303 12,541 1-Feb-01 433,110 424,413 (8,698) (4,966) 12,605 1-Aug-01 67,283 86,006 18,724 10,369 1-Feb-02 442,283 436,006 (6.276) (3,371) 12.448 1-Aug-02 55,658 71 ,569 15,911 8.289 1-Feb-03 450,658 456,569 5,911 2,987 21,823 1-Aug-03 43.215 55,688 12,473 6,112 1-Feb-04 463.215 465,688 2,473 1,175 14,945 1-Aug-04 29,880 38,775 8,895 4,101 1-Feb-05 479,880 488,715 8,895 3,m 17,790 1-Aug-OS 15,480 20.213 4,733 2,052 1-FdH)6 495,480 510.213 14,733 6.197 19,465 1-Aug-06 0 0 0 0 I-Feb-07 0 0 0 0 0 1-Aug-07 0 0 0 0 1-Feb-08 0 0 0 0 0 l-Aug-08 0 0 0 0 7,438,774 7,640,171 201,397 136,992 201,397 .1. r .- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ßïv1 SUBJECT: AGENDA ITEM # 9~ - MEETING OF OCTOBER 29, 1991 APPROVAL OF LEASE AGREEMENT/FIRE STATION NO. 5 DATE: October 25, 1991 This item is before you to approve the lease agreement for property located on the south side of Germantown Road at the intersection of Linton Boulevard to be used as the temporary site for Fire Station No. S. The contract and lease agreement provides that the City shall lease the land for two years beginning November 15, 1991 and terminating November 14, 1993. The City shall pay $16,000 in a lump sum within 15 days of the beginning of the term of the lease as rent for the entire two year period and as compensation for any and all fruit trees that may be removed from the property. Within 120 days of vacating the temporary site the City must remove all improvements and personal property from the site. Additionally, the agreement provides that the City will pay any increases in the tax assessment during the lease period. Recommend approval of the contract and lease agreement for property located on the south side of Germantown Road at the intersection of Linton Boulevard to be used as the temporary site for Fire Station No. 5. 11 C/J- ()ð fJt!í1on fJ£e tSS ¡:)i&f tot/t.eE¡) Iv=. t£S. .:IÞ '&'5-9/ C(!o/)s€/Je¡f #: 8'.t) ..,., '" . . .. . LEASE THIS CONTRACT AND LEASE AGREEMENT is made between NORMAN W. BLOOD, JR. , of Palm Beach County, Florida, (herein- after referred to as "Blood"), and the CITY OF DELRAY BEACH, a municipal corporation located in Palm Beach County, Florida, (hereinafter referred to as "City" ) . WHEREAS, the City is desirous of locating a temporary fire station on Blood's property located adjacent to Germantown Road in Palm Beach County, Florida; and, WHEREAS, Blood has indicated a willingness to lease the annexed said property into the corporate limits of the City of Delray Beach. THEREFORE, the parties agree to as follows: 1. Description of the Premises. The premises hereinafter referred to as "Temporary Site" is described as follows: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: --- Commence at the Northwest corner of the plat of Foxe Chase, according to the plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence N. 69<>35' 37"W. , along the Westerly extension of the South right-of-way line of Germantown Road as shown on said plat of Foxe Chase, 171. 60 feet to the point of beginning; thence continue N.69<>35'37"W., 170.00 feet; thence S.20<>24'23"W., 110.00 feet thence S.69<>3s'37"E., 170.00 feet; thence N. 20<>24'23"E., 110 Feet to the said point of beginning. 2. Term. The term of the lease shall be for two (2 ) years beginning on November 15, 1991 and terminating November 14, 1993, unless extended by mutual agreement of the parties. 3. Rent. The City shall pay Sixteen Thousand Dollars ($16,000.00) in a lump sum within fifteen (15) days of the beginning of the term of the lease as rental for the entire two (2) year term and as compensation for any and all fruit trees that may be removed from the property. ,,--, . . 4. Use of the Land. The City shall have the right to clear the land of any and all vegetation and improve the property as it deems necessary for the operation of a temporary fire station. At the conclusion of the term of lease the City shall, within One Hundred Twenty (120) days of its vacating the property, remove all improvements and personal property from the temporary site. 5. Clear Title. Blood covenants and agrees that at and until the granting of this lease, he is well seized of the leased premises and has good title to it free and clear of all liens and encumbrances having priority over this lease and that Blood has the full right and authority to lease it as set forth herein. , . Blood further covenants that all things have happened and been done to make its granting of the lease effective and Blood warrants to City a peaceful possession and quiet enjoyment of the leased premises during the term upon performance of the City's covenants. 6. Assiqnment or Sublease. No assignment of this lease and no sublease of- any or all of the leased premises shall be valid or of any force without the written consent of the other party. 7. Harvestinq Fruit Trees. Blood shall have the right to harvest and cultivate the crops of any and fruit trees that remain on the temporary site during the term of this agreeme~ 8. Annexation. Blood authorizes the City to begin annexation of the temporary site into the City of Delray Beach and rezoning the temporary site to Agricultural Zoning District. All costs associated with the annexation and rezon- ing shall be borne by the City. 9. Taxes. During the term of this agreement any increase in tax assessment on the temporary site above the 1991 tax assessment on the property shall be the responsibility of the City. Such amount shall be paid to Blood within thirty (30) days of Blood notifying the City of the increase in the assessment. . '. . 10. Inqress and Eqress. Blood warrants and rep~~:, ~ \ 1." sents' that'there is ingress and egress to the temporary site sufficient for the intended use of the property as a temporary fire station. 11. Liens. The City is responsible for all costs and - expenses related to the- improvement of the temporary 'fire C station and removal of said improvements from the property. In -that-vein-the-City---war-rantsthat no mechanics or material liens 2 '11,.1 . . . will be placed on the property as a result of the City's improvement to the property. 12. Attorneys' Fees and Costs. In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 13. Real Estate Commissions. Each party represents to the other that no real estate broker has been employed or utilized in this transaction or in procuring in introducing City to the property. Each party agrees to indemnify and hold the other harmless from any claims and demands of any real estate broker, sales person or other person claiming entitlement to a fee or commission including costs and attor- neys' fees in resisting such claims in the event of litigation at trial and on appeal. 14. Inspections. The City shall have the right and privilege to enter into and upon the property to perform such tests and City may deem necessary to determine the surface or subsurface condition of the soil and water on and under the temporary site. In the event the soil and water is found to be contaminated, City will notify Blood of its findings in writing and this lease will be null and void. 15. Other Aqreements. No prior or present- agree- ments or representations shall be binding upon the parties unless it is included in this contract. No modification or change in the contract shall be valid or binding upon the parties-unless in writing and executed by the party or parties intended to be bound by it. IN WITNESS WHEREOF, the parties have entered into this agreement on this day of , 1991. LESSOR By: Witnesses Norman W. Blood, Jr. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal sufficiency: --- -~- --,---- . City-Attorney- bloodlse.agt 3 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'·'.FL SUBJECT: AGENDA ITEM # c¡ R - MEETING OF OCTOBER 29, 1991 ... RESOLUTION NO. 86-91 DATE: October 25, 1991 This is a resolution requesting the transfer of the jurisdictional powers from Palm Beach County to the City for Swinton Avenue extended from South 10th Street to North City Limits; Seacrest Boulevard extended from N.E. 4th Street to Gulfstream Boulevard¡ and, N.E. 22nd Street between Swinton Avenue and Seacrest Boulevard. The subject of "transfer of jurisdiction" of Swinton Avenue has been discussed several times. Because of the relationship between Swinton Avenue and Seacrest Boulevard (a linked pair on the County Thoroughfare P I an) , a the request for transfer of Seacrest has been included. A detailed staff report, which covers the history of this item, has been attached as backup material for this item. Recommend consideration of Resolution No. 86-91, KtSolu..-hon modi~ìEO -fa A-nDeSSS SWìn+on ~0snu..S on l,j tJ-am .:5 . lo+tì S+e£f-+ Lsou-'M bðUf}d~ ) -b IJ. ;;2;). (1) Si.J1.n:i- (r;o.eJ!¡ bOUI1LJ/Ielr) ¡J~ 5-0 - .. .4t:':,/ ~ , - C I T Y COM MIS S ION DOC U MEN TAT ION TO: ID T. HARDEN, CITY MANAGER FROM: I~A~D~~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 TRANSFER OF JURISDICTION, SWINTON AVENUE &. SEACREST BOULEVARD ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Resolution through which the City is seeking transfer of jurisdiction of Swinton Avenue from Palm Beach County to the City of Delray Beach. Because of the relationship between Swinton Avenue and Seacrest Boulevard (re a linked pair on the County Thoroughfare Plan and the MPO Transportation Plan), a transfer of Seacrest would also be appropriate. It is significant to note that the existence of the Swinton/Seacrest paired link is the basis for the City not having to have a CRALLS designation on Swinton and also allows us to distribute traffic over both roadways in our CBD-GAE analysis. The affected roadway links are: * Swinton Avenue from S. 10th Street, to the north City limits (N.W. 25th Court/Mission Hill Road); and, * Seacrest Boulevard from N.E. 4th Street to the north City limits (Gulfstream Blvd); and, * the linkages of N.E. 8th Street and N. E. 22nd Street which exist between Swinton and Seacrest. The item is being placed before the City Commission in response to neighborhood concerns with the status of Swinton Avenues potential road widening. .. BACKGROUND: The subject of "transfer of jurisdiction" of Swinton Avenue has been discussed several times for various reasons. Initial discussions were directed toward an effort to prevent "four laning" as once depicted on the MPO 2010 Transportation Plan. A subsequent issue was that of not requiring additional right-of-way per the Thoroughfare Plan. The most recent issue is '11'-' City Commission Documentation Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard Page 2 the presumed need to have Swinton Avenue under municipal jurisdiction in order to proceed with the "Swinton Beautification" project. Another matter is that of determining clear jurisdiction with respect to maintenance responsibilities for the ""linkages" and "appendages" which are a part of the described roadways. Issue Resolution: Some of the above issues that have been resolved are as follows: re: MPO Transportation Plan: A note is affixed to the Plan that Swinton, north of Lake Ida Road, is designated as a two-lane facility. re: County Thoroughfare Protection Plan: A current (in process) amendment to the Plan provides that the ultimate right-of-way width for Swinton and Seacrest is sixty feet (60' ) . Also, that portion of Swinton extending north of 22nd Street is not shown on the Thoroughfare Plan; thus, it is assumed to be a local street. re: Maintenance Responsibilities: The County Administration has identified those streets, within the municipal boundaries, which they have continued to provide maintenance. Further, they have proposed that the maintenance responsibility for all "local" streets be transferred to the City. This would confirm transfer of jurisdiction for that portion of Swinton, north of 22nd Street. Current Status Re Jurisdictional Responsibilities: Link MPO Plan ROW Plan Maintenance Swinton: S. 10th to N. 4th 4L (*80' ) 60' County N. 4th to N. 22nd 2L (*80') 60' County N. 22nd to City Limit not shown not shown County Seacrest/H.E. 2nd Ave: Atlantic to NE 4th St not shown not shown City NE 4th to City Limit 4L (*80' ) 60' City H.E. 8th Street Linkage: Swinton to Seacrest not shown 80' City H.E. 22nd Street Linkage: Swinton to Seacrest 4L 80' County * PROPOSED CHANGES · city Commission Documentation Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard Page 3 Beautification Issue: The issue associated with the "Beautification of Swinton" is the reasoning that as long as Swinton is under the jurisdiction of the County, their rules will apply and the beautification project cannot be carried out. The Director has two concerns with applying this reasoning at the present time. One is that we have not yet prepared even a conceptual design for Swinton. The second is that our City Engineer and City Traffic Engineer are bound to the same "standards" as is the County. Thus, wrestling away jurisdiction and assuming more responsibility at this time may not be productive as to the assumed problems which may arise. An alternative approach to this matter is to; first, prepare the concept design program and assess it vis-a'-vis the general engineering standards which will apply (i.e. what will the City Engineer accept under his jurisdiction); second, review the conflicts with the County and determine whether or not they will permit the project under an interlocal agreement wherein the City accepts responsibility for the improvements (maintenance) and general liability; third, if they decline, seek total jurisdiction. Argument AGAINST Transfer of Jurisdiction: The County argument against total transfer of jurisdiction (of Swinton) is assumed to be that: * it would disrupt the continuity of an intermunicipal roadway linkage (Dixie Highway - Swinton - Seacrest in Boca Raton, Delray Beach, and Boynton Beach respectively); * the link is a part of the MPO Transportation Plan; * the link is shown on the State Functional Classification Plan as a "County urban collector"; * in future, if roadway improvements (Le. turn lanes) are necessary to improve traffic conditions, the City would have to bear total improvement costs; and that it is the responsibility of the County to insure that such linkages are maintained. DIRÐCTOR'S ASSESSMENT: Significant progress has been made in changing official documents (MPO Plan, County Thoroughfare Plan) with respect to projected laneage and ultimate right-of-way requirements for Swinton and Seacrest. The ability to "go over" the adopted L.O.S. for Swinton - as a result of CBD redevelopment - is being addressed (favorably) through the CBD-GAE program. '";,1 · city Commission Documentation Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard Page 4 Inconsistencies remain with respect to jurisdiction and maintenance responsibilities on "linkages" and "appendages". These items can, most appropriately, be addressed through staff contacts and working "through the system". The "Beautification of Swinton" is not yet conceptualized via a sketch or concept plan (1. e. written, graphic document). Thus, pursuit of a change in jurisdiction only for this issue does not appear appropriate at this time. PLANNING AND ZONING BOARD CONSIDERATION: The Comprehensive Plan, Traffic Element A-7.7, addressed only the policy to reduce the right-of-way on Swinton (80 ' to 60') and that item is being accomplished (currently such an amendment is before the County Commission). Any resulting changes (from the proposed transfer being accommodated) to the Comprehensive Plan would be those of a data nature and not policy. While the Planning and Zoning Board has not formally reviewed this item, it does not appear that they need to do so in their role as the Local Planning Agency. RECOMMENDED ACTION: Commission discretion. .. DJK/#87/CCSWINT.TXT . . Figure T-4 TRAFFIC ELEMENT NETWORK TRAFFIC ELEMENT NETWORK CITY. OF DELRA Y BEACH, FL .:': r Ji 2 ï/¡¡; JA~JUARY 1989 I ¡':: (",," ~ 1\1\r. ~..:..¡ If I I:: \'" \ í/ ~ 'I .' .? II -'. ..... , .' \ :>-, o· r- " I Ii:: ~~ "f II j'Ot ..... /! ~---- ~IL~-13iOI:~IIII~\ - -- - CAN~,=-__. : t· / -f§ j it ;I;~ ~ I ;/ I (!. ¡;~ ", a II I 111111' I I ·f ::' :-' 5 ~ B ~j~. i ,-- I. I ¡: :) ·i/. ~ ::.~ 1/ I ¡ lAKE IOA ROAD I !:: ::'j i1J I¿,ff.....·~~· '-:~-- /I .-._.-t-._.---.c,-,_._'~' :: r' 1 -......,.-- 2 -~--I/ / i : . ~-, rl . . "f £:'"'d '0 ..,!.: ¡... \.!;1 d I I 4: I '!-... : t I : : en II 4: 0 . - '-- I, . "f- ~I ¡ ~ I ¡/{ ~ '--"-P¡' ~ ~:., - ill -".' I'U . : CI' ¡/I H I ~: . ¡... r-"f ' 13: -: _ 31_ : z~ i ,C9 a: , . U1 : r --(8j , :. .... '5 II , ~4:~IIIIIIIIIIII\\\I\\111 '.._.( 7 \..¡.......,'G).. 'q t==,~g : . . . . r ~ '. ~. I . ì II ' I ATLANTIC AVENU~...··· ,I '0' I I I 7 \ I. . .. . . .. . .. . . .. . ·d· . f3\ I ~ ~ I,.." 1,1 II. I \:/ II.::' 1--tQTT- -r,-:-: -, ®II·~ , I ~ ~ 1/ f ;Æ' I I .. ¡ 1 I L, - II" ,~--- :. ? @ ;~ $Jc- II" @ , ,:: 0 I;i:: 1 ( If: .. I :: r II" I L9WSO~ BLX,CL- ~St!\ ~---~-1i~ ~-7- I/.:'.).I '!JJ 2 ! - ~ --~~ ') II" z ~l D "'~, I: . ~'I': L/I « I I I :: ' - 1 .~.. ~ II tJ I' ~ :ui , I ..' L-lJ 0 ~ ð : m· 5 1 i.. r = U 0:: _ L LINTON _ BLVQ.. _ _ 1_ _ ®.J ~:: I \-!.. LlJiTCN 8LV.Q.. '_.~ _ ~l/ ~ cð III) ~~^14 , ~ ': ~ : . .' -=s rúJ/ j ~ *No ports or airports exist in 11f<!. j f \ ¡;¡¡ iI' .~ A g; __. _:__3~:. i;~~~~o~ Wi11they_e:~st in I . j\.J[®" --111 ~~ II / ~ § . L-38 CÀ~ : : C-15 ~H-.: I\JV1J III ~ ,. I. ..········STATE PRINCIPAL ARTERIALS ,. . --i..... ~ !:) 'Ttt : "fIll , . : = = STATE MINOR ARTERIALS ___ CITY COLLECTOR . ':'" I , - -COUNTY MINOR ARTERIALS HIGH SPEED RAIL CORRIDOR '; ~ - -COUNTY COLLECTOR & TRI-COUNTY COMMUTER LINE & Y ~ F.E,C. RAILWAY I ð ~ STREET IDENTIFIER u ~ *Refer to Street . TRAIN STATIONS (STOPS) List ing page III-C-27 !Imp COUNTY JURISOICTIOr~ r~ · -. . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~f../ , FROM: SUBJECT: AGENDA ITEM # 'f ~ - MEETING OF OCTOBER 29, 1991 RESOLUTION NO. 84-91 .. DATE: OCTOBER 25, 1991 This is a resolution requesting that the 1992 Florida Legislature provide adequate funding for the preservation and repair of the State's beaches, . and identify a long-term dedicated funding source. This resolution petitions the State to provide a stable source of long-term funding which will allow the implementation of a Statewide beach management program, to include beach acquisition, inlet management, and beach preservation and restoration. Recommend consideration of Resolution No. 84-91. p~ -& 11//9/91 (.5' -0 Vo+s) 111'-1 , . .. ~- -- - ._---_._----------------~ RESOLUTION NO. 84-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE 1992 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE. WHEREAS, Florida's beaches are an important part of the quality of life of this community, providing enormous aesthetic, environmental and recreational benefits for our residents and tourists; and, WHEREAS, beaches are Florida's number one tourist attraction and are thus vital to our economic well-being; and, WHEREAS, the City Commission of the City of Delray Beach recognizes that beach erosion continues to be a major problem in the State of Florida, threatening this important natural resource; and, WHEREAS, the State Legislature has enacted the Florida Beach Management Act of 1987 creating a Beach Management Trust Fund under Chapter 161. 091, Florida Statutes, to address the erosion problem and to direct the State to spend at least $35 million annually on beach erosion control, beach restoration, beach renourishment and other beach management activities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach requests that the State Legislature provide adequate annual funding to carry out a statewide comprehensive beach management program to protect Florida's remaining pristine beaches and repair those that are severely damaged, and consider the Department of Natural Resources 1992 budget request of $39 million. Section 2. That the City Commission further requests that the State Legislature give serious consideration to identification of and dedication of a fair and stable source of long-term funding to fully implement a statewide beach management program for preserving, acquiring, and restoring Florida's threatened sandy beaches. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. MAY 0 R ATTEST: .. City Clerk . ,11'-1 · rk ~ -:- /'''. ,.J....... J - C I T Y COM MIS S ION D·O CUM E N TAT ION TO: David Harden, City Manager VIA: ~ ~~irector of Planning Department FROM: John Walker, Project coordlnato~ tL/.~ DATE: October 22, 1991 SUBJECT: MEETING OF OCTOBER 29, 1991 A RESOLUTION REQUESTING THE 1992 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is to approve a resolution requesting the 1992 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches, and to identify a long-term dedicated funding source. BACKGROUND: The issue of a dedicated source of State funding for beach erosion control has been targeted by coastal communities as a method of addressing the statewide problems of beach preservation and erosion control in a comprehensive manner. The present method of fund allocation leaves erosion control at the mercy of budget fluctuations and inhibits a coordinated approach to problem-solving. A stable source of long-term funding will allow implementation of a Statewide beach management program, including beach acquisition, inlet management, and beach preservation and restoration. RECOMMENDED ACTION: - By motion, approve a resolution requesting the 1992 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches, and to identify a long-term dedicated funding source. DJK/JW/leh Attachment * Resolution JW/#3/DNR3.TXT ", . 1?7 7'Îì~~ , , II ,-,_~ '-'- PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: David Kovacs, Director ~ FROM: John walker, Project coordlnator~~ DATE: October 2, 1991 SUBJECT: BEACH NOURISHMENT - DEDICATED SOURCE OF STATE FUNDS Attached from Florida Shore and Beach Preservation Association is a sample resolution in support of a dedicated source of State funding for beach erosion control. This issue has long been targeted by coastal municipalities as a method of addressing beach erosion control in a comprehensive manner. The current method of fund allocation leaves erosion control at the mercy of budget fluctuations and inhibits a coordinated approach to problem- solving. A stable source of long-term funding will allow implementation of a state-wide beach management program, to the benefit of all municipalities. The recommended approach for Delray Beach to support a dedicated funding source is three-fold. - Raise the issue in upcoming Legislative Delegation meetings. - Adopt a resolution in support of a dedicated funding source along the lines of the attached sample. - Support this issue in the Palm Beach County-wide Beaches and Shores Council. I have taken the liberty of putting this item on the agenda for the next meeting of the Council on October 21, 1991. Please let me know how you wish to proceed on this issue. JW/ attachment c: David Harden Kathy Daley Tom Campbell JW/#3/DNRFUND2.TXT ~IM ¡(~ ~~ D'Ok - q~ Cð ~ <.¡I--~ ~ FlDRIDA SHORE & BEACH PRESERVATION ASSOCIATION INC. 1\ 1'. I ':. "-, ":J ~1 ìì ;r~~ "_,, roco 01.' 30 199 "II 1 '- I Y IV¡ , A.fvAGik 1991 ' -5 OrFIt'. September 26, - /- TO: Board of Directors/FSBPA Government Members W FROM: Deborah E. Flack, Director of Governmentai Affairs RE: Beach Management Funding Strategy As you have determined, securing a dedicated funding source for beach management continues to be our primary legislative objective. Obviously, given current revenue shortfall, this is not a terribly promising year. However, we still must work very hard to keep the issue in the Legislative forefront, and to ensure that we are in an advantageous position to respond to changing, hopefully positive, conditions. Our local governments can help greatly in this regard. As you know, legislative delegations will be holding issue/priority meetings locally over the next several weeks. Ideally, your government's representative at the delegation meeting will raise the issue of critically-needed funding for Florida's beaches. Discuss long-term statewide needs. Go beyond a simple listing of local beach erosion control project funding requests. I have taken the liberty of drafting a resolution for your ~ouncil's/commission's consideration. It may be a helpful format to use when contacting legislators, or to present at upcoming delegation meetings. We have got to convince "Tallahassee" that beaches are important too! No doubt, we've got a lot of hard work ahead of us. Thank you for your help. Please keep Stan or me informed of your activities, and send us a copy of any resolution or letters your government adopts or issues on beach funding. 864 East Park Avenue · Tallahassee, Florida 32301 · (904) 222·7677 ,,, . FSBPA SAMPLE RESOLUTION A RESOLUTION OF THE (NAME OF GOVERNMENT) REQUESTING THE 1992 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE WHEREAS, Florida's beaches are an important part of the quality of life of this community, providing enormous aesthetic, environmental and recreational benefits for our residents and tourists; and WHEREAS, beaches are Florida's number one tourist attraction and are thus vital to our economic well-being; and WHEREAS, (NAME OF GOVERNMENT) recognizes that beach erosion continues to be a major problem in the State of Florida, threatening this important natural resource; and, WHEREAS, the State Legislature has enacted the Florida Beach Management Act of 1987 creating a Beach Management Trust Fund under Chapter 161.091, Florida Statutes, to address the erosion problem and to direct the State to spend at least $35 million annually on beach erosion control, beach restoration, beach renourishment and other beach management activities. NOW, THEREFORE, BE IT RESOLVED BY THE (GOVERNING BOARD OF LOCAL GOVERNMENT), AS FOLLOWS: Section l: (NAME OF GOVERNMENT) requests that the State Legislature provide adequate annual funding to carry out a statewide comprehensive beach management program to protect Florida's remaining pristine beaches and repair those that are severely-damaged, and consider the Department of Natural Resources 1992 budget request of $39 million. Section 2: (Name of Government) further requests that the State Legislature give serious consideration to identification of and dedication of a fair and stable source of long-term funding to fully implement a statewide beach management program for preserving, acquiring, and restoring Florida's threatened sandy beaches. ,,'. '" . - MEMORA~DJLrJ! TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER¡0~~ t..--- " SUBJECT: AGENDA ITEM # 9T - MEETING OF OCTOBER 29, 1991 AUTHORIZATION TO HIRE ADpITIºM~L PERSONNEL/ENVIRONMENTAL SERVICES DATE: October 25, 1991 The Environmental Services Department has started several major capital improvement projects. In order to equitable distribute staff, they have request authority to hire an Utilities Inspector to manage the Sewer System Rehabilitation and Enclave Water and Sewer Line Extension Program. Additionally, they have requested authorization to hire two part-time Engineering Inspectors. Funding is available in the 1991 Water and Sewer Revenue Bond and the Water and Sewer Renewal and Replacement Fund. Recommend consideration of a request from Environmental Services to hire an Utilities Director and two part-time Engineering Inspectors. / } ',a/ ( /?c/ . . ~~~Ûdrr .. ,'If" '~S¢.1\'rUS 7 I /- . '. MEMORANDUM $~ RK'o-c.fl S-.R . 6ßd;I;v,JJ Harden So.%' 'N7 u. r,S 1anager c¡ I 4veM - 5/, 7- ,. $' ywÛ t~ So 0 ~/jd. I li) m H. Greenwood %S"~ Y'-/::2 -5/ . t -:r .r)e.~.Jo;L or of Environmental Servicef ~~ r..¡-S3~ - lA~J ,J> \ . <7 Ky;' '\ 0 t;t~ 16, 1991 ~ ~ (J. ) (;.\L . " t ' ~ '"Of\f:7lrYV FOR ADDITIONAL S'rAFFING S-tk\- ~(¡), ~ 1 )et: D4 '¡Ntt 1.:~ï .- rJ'>, Î#r ' opportunity of discussÍI iate need for assistance Ipi tal improvements prc._ _ ~ervices Memo dated July 23, 19~.J.J' _~_Gu1ated your in~ut on August 15, 1991 to revise the jotJ title from Project Manager to utility Inspector. This requested position is required to provide management of the Capital Improvement Program over the next five (5) years. At present we have the need for one ( 1) additional employee to manage two major on going projects within the Public utilities Division as follows: 1.0 Sewer System Rehabilitation Proqram 'I'hi!;? project is estimated at $2,524,000 and will be performed continuously over the next five (5) years. 1 Project cost estimate may escalate as w.e obtain additional field data. 2.0 Enclave Water and Sewer Liné Extensions This project is currently estimated at $2,688,000 and will be performed over the next two (2) year period with current funding. Additional funding will be provided in a future bond issue until all enclaves have the necessary water and sanitary sewer systems. Proposed funding for the remainder of FY90/91 would be from the 1991 Water and Sewer Revenue Bond account numbers: 447-5167-536-33.11 91 Revenue Bond-Enclave Water and Sewer Extensions 50%. 447-5169-536-33.11 91 Revenue Bond-Manhole Rehabilitation/Replace/Repair 50%. Proposed funding for FY91/92 would be from the 1991 '. . Water and Sewer Revenue Bond and Renewal and' Replacement account numbers: 447-5167-536-33.11 91 Bond Enclave Water and Sewer Extensions 50%. 442-5178-536-61.84 Renewal and Replacement Manhole Rehabilitation/Replace/Repair 50%. Anticipated salary costs for FY91/92 would be approximately $44,345 assuming a salary of $34,835. I have attached a Job Description, a Job Order Form and a Change 'of status for the proposed position for your review and approval. The utility Inspector position is classified at Grade 24 with a salary range of $25,230.40 to $36,566.40. Cody and Associates recommends pay grade 25 with a salary range of $26,478 to $38,417. ... WHG:jaf A:WGRAS06.doc cc: Yvonne Kincaid, Budget Director John Elliott, Assistant city Manager, Support Services File: Memo to City Manager , '\ ..", ·' CITY OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT UTILITIES INSPECTOR GRADE "24" MAJOR FUNCTION Performs technical and administrative work in the inspection, enforcement, and recording of utility - installations; works under the direct supervision of the Construction Manager, performing such engineering, technical, and administrative duties as assigned. 'rhis is a position with a high degree of responsibility. The person in this position must be able tp wo.rk with a minimum of supervision, correspond intelligently, and must be of good sound responsible character. ILLUSTRATIVE DUTIES Reviews new construction plans, makes pressure tests on water and sewer lines, inspects new construction of water and sewer lines, advises superintendents on repair and replacement of old or broken 'utility facilities. MINIMUM QUALIFICATIONS KNOWLEDGE, ABILITIES AND SKILLS: . Knowledgk of office procedures, estimating, general reports, water and sewer line construction, distribution and basic plant operations; ability to read, understand, and use plans, specifications, and contract documents; ability to plan and coordinate the work of employees, ~ontractors, team groups, and developers or owners. EDUCATION AND EXPERIENCE High School Graduate; a two-year Associate Degree in Engineering desirable, but not mandatory. At least five years experience in related drafting, design, surveying, construction, utility inspection, supervision, and engineering responsibilities. Possession of a valid state of Florida driver's license. Revised: 8/19/91 J. Murray JM: j a f ...-, · it 1;'.- ,- t ..... ¡-- .(.....( j/~-" ",.... :f f' MEMORANDUM \)c,D 3 . -£.. ' City· 1991 !V¡ANliCtR'S OFFICE To: David T Harden, City Manager From: Mark A Gabriel, Assistan~rector of Environmental Services/City Engineer ~ Date: August 30, 1991 Subject: Additional Part-Time Engineering Inspectors - We are requesting two (2) additional part-time staff positions for Engineering Inspector (see attached). We request that these new positions be advertised as~soon as possible. We presently have two field inspectors, Bob Phillips- (utility Inspector) and Pat Costello (Public Works Inspector) . These two inspectors have their normal workload of inspections with the Building Department and private Development Projects but have additionally taken on new Decade of Excellence and utility Bond projects. Additional projects under construction at the present time include: Old School Square, SW 4th Ave and SW 10th st Intersection, Lowson Blvd Drainage Improvements, 4th Ave Sidewalk and Pineridge Rd/Church of the Palms Water Main, the S E. Transmission Main and the 16" Subaqueous Main. The above workload has stretched the coverage on these projects to a maximum. With the projects coming out for bid in the not to distant future, we feel these two new inspector positions are needed. Upcoming Engineering projects include: Del Ida Circle, NW Drainage Area, Spady Elementary School Access, Alley Improvements, Miscellaneous Drainage Improvements, 16" and 20" Transmission Water Main on Old Dixie, MacFarlane Dr Water Main Extension, North Tank MOdifications, Painting of the Elevated Water Storage Tank, Park improvements, Street Reconstruction (Tropic Isles), West Atlantic Improvement (brick pavers) and Atlantic High School Water Main and Sanitary Sewer. These two new inspector positions are in addition to the position that Bill Greenwood has previously requested. Additionally we are looking for this position to provide Project Management support to the Construction Manager, Howard Wight. The added number of Projects outlined above will increase the already heavy "paper flow" workload of the Construction Manager. ..'-, · We propose that budgeting for these two new positions come out of the monies budgeted for each respective projects that are worked on by the inspector. Should there be any questions regarding the above please do not hesitate to call. Please advise if this is acceptable so we may proceed further with this matter. - :rhw a: inspect. doc w cc: Howard Wight Construction Manager William Greenwood, Director of Environmental Services - · A JOB DESCRIPTION ~tUST BE ATTACHED DATE JOB POSTED Revised 08/91 DATE APPLICANT SELECTED CM/Personnel Approval CITY OF DELRAY BEACH PERSONNEL 100 N.W. 1ST AVENUE, DELRAY BEACH, FL.- 33444 JOB ORDER FORM POSITION TITLE Engi neer Inspector DEPT. Environmental Services SALARY: Gr. 25 $12.73/Hrly. ($26,478.40 Annual) TO: $18.47/Hrly ($38.417.60 Annua QUALIFICATIONS: (Training, Education, Experience): Broad knowl edqe of pub 1 i c works construction and surveying experience. Graduation from a university with course work in Civil Engineering. Ability in dealing tactfully and effectively with contractors and the general public. A minimum of five years work experience in related fields of Civil Engineering, preferably with emphasis in surveying and construction. Should have the ability to perform as a survey party chief and some drafting experience. Inspect and regulate road and utility construction within the right-of-way. Inspect JOB DUTIES land development improvements, review building plans for work in the right-of-way and on-site drainage. Perform field surveys. Coordinate County road projects within City limits.' Carry out detailed drainage studies and recommend solutions, including preparation of plans and specifications for the work. Inspect driveways, parking lots and road construction. Prepare monthly reports. Assist City Engineer in performing related public works activities. ¡.'OSITION CUT OFF DATE: DAYS AND HOURS OF WORK: Monday thru Friday - 7:30 to 4:30 (one hour lunch) NOTICE: 1. Persons applying for positions which involve contact with children are required to be fingerprinted for the purpose of a background check in accordance with applicable Florida Law. 2. Prior to employment applicants must pass a pre-employment medical exam which includes Drug Screening. 3. New Hires and. Transfers or Promotions subiect an employee to a one year probation from date of hire, transfer or promotion. 4. Resume's not accepted without application. AN EQUAL OPPORTUNITY EMPLOYER M/F, HANDICAPPED, VETS "Preference in initial employment will be given to all eligible Veterans and eligible spouses of Veterans" 1. Do not advertise ( ) For recordkeeping 2. Advertise ~) purposes, complete 3. Delray Beach News Journal !\.) "Applicants' Inter- Palm Beach Post ~) viewed" section Ft. Lauderdale Sun Sentinel ~) on reverse side. Florida Photo News ( ) Job Line/Post Only ( ) , '",' · .- ENGINEER INSPECTOR MAJOR FUNCTION This is technical work requiring knowledge and experience in const-ruction and surveying for municipal public works activities. The prime function is to insure that public works facilities are constructed in accordance with design standards and it requires ability to manage the permit system and to communicate with contractors and the public. - MAJOR DUTIES Inspect and regulate all construction within the public right-of-way both by City forces and utility contractors. Other work includes building plan review for work win the right-of-way, drainage design, construction and performing topographic and construction surveys. Inspect all road and utility construction within the Right-of-way. Inspect land development improvements. Review building plans for compliance with city standards for construction in the public right·-of-way and also on-site drainage. Perform field surveys for public works projects including topography work and staking out utilities. Coordinate County road projects within the City limits. Carry out detailed drainage studies and recommend solutions including preparation of plans and specifications for the work. Inspect all phases of driveways, parking lots and road construction for proper use of materials and a knowledge of the tests involved to insure compliance with road standards. Prepare monthly reports. Assist the City Engineer in performing related public works activities. MINIMUM QUALIFICATIONS Broad knowledge of public works construction and surveying experience. Graduation from a university with course work in Civil Engineering. ., · w Ability in dealing tactfully and effectively with contractors and the general public. A minimum of five years work experience in related fields of Civil Engineering, preferably with emphasis in surveying and construction. Should have the ability to perform as a survey party chief and some drafting experience. - November, 1989 .. .'" · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS æ1£1 J FROM: CITY MANAGER L ,Ii ! SUBJECT: AGENDA ITEM # ~U - MEETING OF OCTOBER 29, 1991 REQUEST FOR MODIFICATION OF APPROVAL STANDARDS FOR P-0LPHINS/1019 DEL HARBOUR DRIVE DATE: October 25, 1991 We have received a request from the property owner at 1019 Del Harbour Drive to install two dolphins 40 feet from the seawall instead of 25 feet as provided for in the City Code. The property owner has two vessels with dock space for only one. In order to provide accommodations for the second boat, he has proposed the installation of two dolphins. Section 7.9 of the Land Development Regulations allows the construction of dolphins, in and upon certain waterways, as long as they do not cause a hazard or interfer with navigation. The location of the proposed dolphins do not impair boat traffic; however, staff is recommending denial in that this is a self-imposed hardship. In addition, written support from adjacent property owners has not been received. Recommend denial of the request for a variance to construct two dolphins 40 feet from the seawall at 1019 Del Harbour Drive. ff~ C If-o u t7f¿) ..", . . . Agenda Item No.: ',AGENDA REQUEST Date: October 23, 1991 Request to be placed on:# X Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda item (who, what# where I how much): Retuest a variance for pile location at 1019 Del Harbour Drive. Owner wants to insta 1 2 mooring pilings 40' from seawall. ORDlNANCE/ RESOLUTION REQUIRED: YES Draft Attached: YES/NO Recommendation: Engineering/Building recommends disapproval of the variance request to allow for accomodations to dock additional boat. Although the pilings pose no threat for safe navigation of waterway, this situation is a self-imposed hardship. Department Head Signature: ~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved -- ------ --- --------------- --- --- - -- -- -- - - - - . - poles - II:Ju:'.d like to install 1 01., dolphin , 1- into Dock #i /~ deeper water entrancE: . .... . t~() mark the ~-' ø (\¡-l .~ ~ "'#'~------t IS \ .~ ['5' ~ -. ~ - n , ( ," -J 1) \ ... i..' ~, I I\' i QJ \ I, , --- l \ 'J ( V ~, , ~ f'.J \ ',\. , I " ~ ~ ,~ ' I ~ ... I ~v I-{ ; .....~ ... '...a '::-- G ,,~ \.", ,_.ø ~ I"'~ "- , '~ -~ -~ ! ~ ~\' ~, .~:.. \\ ,'- ~ ~ Î.... ~. ~~ ~-----.~ :.::!, ',i ~ ~ :J C' ~p~ ... '::J \ \ .... 'J CI'j Ìø l"-J 'J '- rr, ,,'" ~ tC ·~I. -..' .. I~ .......... \ \ : ,_ 'J ,¿ r e ,'" '\'\': ,) ..... :~ '.' -J' ; , ¡ I c..- r\. J -' \ , ~ , ~ ~~ , ~ - ~~ ,. ..-~ ( I - ;ì\. .I ,.\1 l :~ I '-~ ) I _ _. ==:::3-- I I ¡ /,. -' ,¿ /r,··' \..-/-/A/-(/_9 O(~~~~- ,/ / /'.--¿_/-, --"--) [~I (:,:' '\,'-¿-:';; ~:}/ '1/.1///'l;:. -':'~ ~ ':/? , l. 'hfA.P OF: f4R80t/'R f//LLA 5 BOAT s?/P§ IY {.JOCK5' 'r'(1T2f't "'7" OL!".I./"rJ!'s G:t./P Nt/M8ER ;:?ev/.5éo" 7 AP";v$r 1.9'7") ""t! N O~CK L()('Arc<:> 8- 4"'¿-1 /8 ;:-EB. /.97tP ,G'C'A¿E' /".:>E'cJ' .5UP.1 R¡;<NVMDFRro O'BRIEN, SUITER & O'BRIEN, INC. ~?ét//ft!"v 4/':1¿>/I7'fl7 EÑGINEERS - lAND SURVFYC;;< ~z l/' ,(/{/-'f-fn......-f6 DElRA Y lEACH FlORIDA !()YNTCN BEACH cO 100< 0/4'2 fAOt NO. 67 ".O/lHO 75-709 - ..-.--------,.. 'III ROBERT .J. MAC.(AY 1939 WAUI(EGAN ROAD GLENVIEW, ILLINOIS 600?5 May 6 , 1991 ! Mr. Maloy Mullins, Preside1li:: 1032 Del Harbour Drive oelray Beach, F1ori.da 3348~ Dear. ~é~ 1_ i);{ ( r\,y.- ~ _ , . lL :::-eply tr) th~~~ P..s S0C:; ;_1 t ion .i~t_ter ..L.-......I. ~ .~ dat.ed ,\pr l.i 18th. S:-; 1. I}' dnd I have no obJection to the docking of the two boats at Elmer Haas' dock. We saw them during our last. visit and they created no i) roblems . We have beL~ assu~ed there will be ;¡ ) persons sleepinG aboard eiTher boat. S J_ r;(:er'2 _L "/ ¡ ~- "t.< Rob(~rt J. ~1.3. C k a 1,...- RJl'1:brm Î ! ; \ ¡ I I a~~'",,'ith ,-.thE ðb':; \~c : . ()(U1ö1 . ;J¡U~~1- (2J CJj .1 / \ l ' a ,~ C~ (I I ¿~ fL--L /~) -- ~~~_~e/ß<i/ Da te ( I I -- Date _.- --------..--- - --_.------ ..---- --------._-----. --.--- rate ." OCT~25-91 FRI 8:42 COffiputek 16067810827 P.Ol .-' " OCT 2 5 91 f2mQJl1!!NlftC. 196 Clover Ridge. Fort Thom08, Kentucky 41015-'220 U.S.A. Phone: (606) 441·8030 FAX: (606) 781-0827 October 24, 1991 Mr. Jerome Sanzone Bu1lding officer Phone: (407) 243-7200 100 N.W. 1st Avenue FAX: (407) 243-3774 6 Pages Delray Beach, Florida 33444 Mail Hard Copy Dear Mr. Sanzone: I appreciated the opportunity to talk with you on October 22,1991, and review the activity relating to my May 7, 1991, request for a var1ance when I contacted Hr. Tom Twomey, Engineering (city of Delray) Plan Check #9111577. Upon returninq to my office, I find that I submitted the 1nformation that you requested to Mr. Mark Gabriel on September 25, 1991; however, I am enclosing for your immediate reference another list of the adjacent property occupants and condominium boat dock owners. With the list of adjacent property occupants, I sent Mr. Gabriel a copy of a letter siqned by Mr. MacKay, Mrs. McDermott and Mrs. Sheets. Before leaving Delray on october 22, I again spoke to Mr. Mackay, who indicated he still had no objection to the boat moorinq and told me that he would send another letter directly to you confirming this fact. I also spoke with Mr. pat Alabanese of 6850 W. Kendell Circle, Lake worth, Florida 33467; phone 965-8118, who has boats docked immediately to the north of my location. Mr. Albanese also indicated he had no objection and inquired as to the possibility of installing two or three dolphin poles at his docks for improved mooring purposes. During our discussion I again reiterated that the purpose of my last visit to Delray was to evaluate the existinq mooring facility which I have again confirmed to be inadequate. There exists potential damaqe to the boat, existing docks and adjoining properties if mooring is not made more secure. B & K Marine Construction had indicated that the dolphin poles to correct this hazard could be placed in position during September (reference my letter of September 18, 1991 to Mr. Mark Gabriel). Obviously, to avoid potential liability, I would like to complete this installation as soon as possible. In response to my inquiry as to how I might assist in expediting this decision, you indicated I might contact the adjoining property owners, etc. and obtain letters or an indication they have no objection. Before leaving Pelray on October 22 I made an effort to do so (in addition to Mr. MacKay and Hr. Albanese) . however, the other people I made an effort to contact were apparently still out of town. .. ,,-, OCT:"'25-91 FRI 8:43 COn1pu1;.ek 161216781121827 P.ø2 . '" Mr. Jerome sanzone October 24, 1991 paqe Two possibly, a review of the data that has been sent since May of this year, includinq the permits from the other agencies involved, would be sufficient to place this ma.tter before the next meet1nq of the appropriate authority to grant this variance. I can then have the work performed expeditiously. I realize that this matter has just been only recently referred to you and would, therefore, like to express my appreciation for any consideration extended this request. Very truly yours, COHPUTEK OF KENTUCKY, INC. p7 ~c/.. - - E. J. Haas, Jr. EJH/bh .. OCT-25-91 FRI 8:43 Computek 16136781121827 . P.12I3 .,J. ," ;':/~!::~f\~~·~~/ßf ~~i~;;;¡,>J,:it:·: ; ,¡"; . : " J':'~~. "',~ {" ..:' '''',11' f'''¡ . ~'. '.~.' , . :'~:i';:;,··':·:.~;,·~·-/':J»~~if· '! -, ': .CONDOMINIUM BOAT DOCK OWNERS (Refer~nce Attached Map, which also indicates proposed location of Dolphin Poles) , . ¡.' ~ t19CK # Nl\ME ÂNQ ADDRESS 1 MR. & MRS. ItHER HAAS 196 clover·~idqe Ft. ThoIllas~ KY 41075 2 MR. & MRS. MALOY HULL INS P. O. BOX K , . ,;)}I!R9; 11;1 ,.I\¡¡r"KY . 4 - 31 0 .': '··'"..'I··!·_'t~-.4:~..~-ì'·'¡;~·~ ;"."'\\..,." '.~~,"" ~~';~'r'''''' \'¡~.,:.~..;...'...' ~ ~ .':. .... . -4:;'(., ;'-_" " '';'::E~''" ", . ~,.,~' :,,¡;;,'~: iIM·¡~··,:t~~s.:·!!;;·~:ìJti. "F:~;:t.~' "'~: ,i) .;.. ¡(,..:',' ;~. : . .. .. I .' ".' "\I~~;":: . ~.,.) J!.. ~,.... .~;:t,. ,:, '...., "" 'l'E1 ~ .t:.'l.. ...1.\.'" tt ::.. . ~ .~""'':' , "I:,' "~J ~ '?~, (.~'Ý~~ -:¡~};:;,:;,: ;~~'~:..' ", :~~,WII.tSO ' . . . . "165"6'. 101'1' ¡,' ··ciIA.SE DRIVE , .. P'ìKJilVIL~'g I '~ENTUCKY 41501 , ,."':; 4 ~R.' ~,MRS. å9BERT MACKAY 2~5 WAGNER 'k?~D ',,', ¡ NOR~FIELD; ILLINOIs 60093 5 DR. &¡ MRS. 'PAUL HAUSER ONE ARBOR LANE, APT 102 EVAN STAN, ILLINOIS 60201 6 MRS. EILEEN MCDERMOTT 1035 .pst H~RBOUR DRIVE DELRAJ BEACH, ·fLORIDA " '. 7 MR'S. JEANXiTE C. l<UMNICK 1049 DEL ~)BOUR DRIVE, VILLA 9 DELRAY BE~þ¡i", FLORIDA , ' . ., , e ~; .' tf~· :~è H~S. ;ROBERT L. CORBETT, JR. t, M ',~ . '~.273~·~ .'LA1<Ê:~bAD . ::M¿.·· , , '. ROCKt( RÍVER, OHIO ... t r~~ . "" cc: 216-11 9/25/91 , ::.~, < :'/" ,;:'... . ,. I .,. f : : . ,,;o.¡ ~ . . ,~ .)~ ";;', : !~ I " . ." ",-, CiCT-25-'~.1" FFI.,. '=': 44 C c~ 1'1'1 F' \..1 1:, e- k 161-:167::::: 1 0:=:27 F'.04 . . -. ---,.-------. - 't. " I!lSTALI, TWO OOLPIiIN POI.F.S. N STIV\ICH'I'r~N Þ,P,1AÇF.NT EXHTlNG p()l,.E; ~NC RE!NFORÇE EXISTING DOC~. ; I \ I I ~J --- \ ~.[ ~.. I \ ~..... ~ . ..'. ,\ , ,~ :wl'h " ~ ~'" N..~ \ ..'~ ~ \' 0(' ~.. ..~ ..~. I "'" Çr t('~ . , . ,..... ~~ ' " ,,~ ~, . .<'~)~¡~ ~\.I 1..' ~" ::.1 " , , ..'~ Iij '. "-I ".. ~ ~,4' ct' '" ~ . '~\~1:~~ .. ~ ("~ :~ "t "01 i ~è ~J ..'I , ·~'7 / if\ '. . 'I ':J . .. I" r.- , (.... -I -' r \ lffil1l1J, ~ \ I \ I ~\ j i . 6 :~ I ~ I / ~ U' .... \\'¡ --- -- ~._~ \ I I \ "7 1.1 I J' : I -aiM' I I .......... " ) o,t I -- _.- I 'II;;'" t .'.,,'.;¡'¡."'. t.,'A,?t:j{",,'/.'-J l/I~' / :C'''~ ,;;"~::;ì;.:"1' ' ..,,..J , I ..~_/,..;I t. ~~ ;,~_~~;' .., ...)~ ".... , // :!î!\~~,f~:;e '., c {", \t lj (),'Y " /\/, t.." 1,1 i'~~':/ :. . " .R~~~~'~O~T S'L;S $ ¿?OCK£ .... . K()r~' ·~;r" orAl'T6$ &il./P,vUMBtf""R R~ÝI.f£o: 7,4(/IJ?'J0979 ,vI! N .,d<K L(),.~.r¿,,,,, ,. p,Ar~, /8 '-'£"8. 1.97Ø .:GC';(¿£' /N=é'''' Sl'J".s Rt'NVMG£-"~-D O'BRIEN, SUtTER & O'BRIEN, INC. RcW~~/1 ' ~ /!lcll?¡t 7 ENGINEERS - lAND SURVEYOR.S ,¿ I/' N'V,Wd¿.',I{'d " Þt~Y MACH fl.O"O" Icm10N UACH ,~ 1llò&L)/4e ~.ðl"O. 67 "'O""Q'75~709 " . t ---------- -.-.--,-- " .__.____,- , '_'. _.__"_'u__ . ..._,..M._ .... .. ..- ... , .> I: .,,oj,.,. '.! ~ ',"I" . \.' ',' ." ,n OCT-25-91 FRI 8: 45 Compl...It ek 16Ü67S 11.:)::::27 P. ~:::15 '. , " .-..,...... t ADJACENT PROPERTY OCCUPANTS (Re: Attached Hap) Letter (also attached) has been signed by Hr. Mackay, Unit 6; fús. Mcpermott, Unit 7; ðnd Mrs. Sheets, Unit B. As Applicant (Unit 1) I, naturally, have no objection_ \ I spoke with Mrs. Kumnick (Unit 9), who indicated she had ¡ no serious objection at the tiro~ of our discussion, which \ I was several month ago. í I UNII Ji NAME AND ADDRESS I I 5 MR. & MRS. ELMER HAAS ! 1019 DEL HARBOUR DRIVE ¡ DELRAY BEACH, FLORIDA i Eí MR. & HRS~ ROBER~ MACKAY .. ! . 1021 DEL HARBOUR DRIVE DEI,RAY BEACH, FLORIDA 7 MRS. BILEEN MCDERMOTT 1035 DEL MARBOUR DRIVE DELRAY BEACH, FLORIDA. 8 MRS. SUE SHEETS 1037 DEL HARBOUR DR!VE DELRAY BEACH, FLORIDA 9 MRS. JEANE'l'TE C. KUMNICK 1049 DEL HARBOUR DRIVE DELRAY BEACH, ·FLORIDA .. , i i .. \wP\ejh\bo~t\dock II'" :3 : 45 C'=-fnF".....1'.. ek 16C1E.7:31 '-3827 P. (:'6 OCT-25-'?1 FRI . . '. ~... ~l~ ,". ' ! ROBERT .j. MACKAY 1939 WAUK£"AN ROAC' GLtNVI£W h-I"INOIS 6002:3 ... October 22, 1991 Mr. Jerome Sanzone Building Official 100 N.W. First Avenue Delray Beach, Florida 33444 ~ Re:Plan Check 9111577 i , Dear Sir: We are neighbors of Elmer Haas of 1019 Del HarbQur Drive. It is our understanding that he has requested permission to install additional dolphins in the Harbor in front of his residence to properly secure his boat. We have no objection to this request and hope it will be authorized accordingly. Sincerely, ~)}~ Please note: Florida address is: 1021 Del Harbour Drive Delray Bea-ch, Florida 33483 ..'. I" . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS .'YJ- ,1 FROM: CITY MANAGER t' / , SUBJECT: AGENDA ITEM # ~V - MEETING OF OCTOBER 29, 1991 REQUEST FOR MODIFICATION OF APPROV~L STANDARDS FOR A DOCK /920 HIBISCUS LANE DATE: October 25, 1991 We have received a request from the property owner at 920 Hibiscus Lane to install a new dock 26 feet beyond the eight foot maximum provided for in the City Code. The property does not have a seawall and therefore the water depth is zero at the edge of the water. In order to maintain the usefulness of the dock it must project outward to the distance requested. Section 7.9.4 of the Land Development Regulations provides the authority to modify the standards if complying with Code requirements creates a hardship. The dock is located on Lake Ida, and if the variance is approved, would conform with other existing docks in that area of similar shape and size, Recommend approval of the request from the property owner at 920 Hibiscus Lane to install a new dock, 26 feet beyond the eight foot maximum provided for in the City Code. ~ "',-, '" . , . Agenda I tem No.: AGENDA REQUEST Date: October 23, 1991 Request to be placed on: · X Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda item (who, what, where, how much): Owner request a variance to install new dock 26' beyond that which is provided for in the Ordinance with one side being gr.ea.ter than 5' in width. Location of property is 920 Hibiscus Lane. ORDINANCE/ RESOLUTION REQUIRED: YES/@ Draft Attached: YES/NO Recommendation: due to the fact that the zero at the edge of the water. docks in this area. Department Head Signature: ~~ ::::::::--..~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .'. ,,, MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: APPROVAL OF VARIANCE REQUEST TO INSTALL DOCK DATE: OCTOBER 24, 1991 ITEM BEFORE THE COMMISSION: - - Mr. Kenneth McLeod, the current owner of the property located at 920 Hibicus Lane, is requesting City Commission approval for a variance to install a new dock 26 feet beyond that which is provided for in the City Ordinance, with one side being greater that five feet in width. BACKGROUND: Mr. McLeod's property does not have a seawall and therefore the water depth is zero at the edge of the water. In order to maintain the usefulness of the dock it must project outward the distance requested. Section 7.9.4 provides for authorization to modify the standards if the situation constitutes a hardship. The dock is located on Lake Ida and would conform to other existing docks in that area of similiar shape and size. Staff supports the request for variance. RECOMMENDATION: We would recommend City Commission approval for a variance to install the new dock 26 feet beyond the water line pursuant to Section 7.9.4 with staff recommendation. B:McLeod.VR/DMC '"'-I ,- ....,.,. ~·'···.y·u-.<;-.;c . . - .' ,." '" ''':~'~'-'',i\I\..",.."", . .,'->.,.........-.. i .5'~ /1:0/ £-:-,,?¿"-".. A-:' 9"~ ¡,A./. II:.. I __ --, N I ¿'7/' ¿::J./ ¿ M a//'l' - " . . Æ . --I' .. ~¿:7~ ~/¿' , I " / '7.5£ / {;y~t:' ~ II <f'y. (.J ~- ~ )0- f ..... c. "_ ., /-, - ~,~ ~ ,..' ... ~\-.J ~ ~~ , ~ , ~~ >- f/ '" :~ , ~~ "J ~ 1<: IL-OD PROG£R.7( :~ ~~ ~ li! * ';~ ~ ,~ "\ ~ 9z.o Hld/JCUS Á-A.v£ ~' ~ ~ , 'Dë~r æ:AcIi, ~Ô4 i ~,~ ~ J ~ ~ ?oT Z ~ I7>AJtrIA~) ~ " k \J , ~ I , CJ:)r..¡ST'2 uc..T W (X:) 0 -0 oc.. ( : ,"-' A~DA."'CL W iTH .5~al , , ..0 oS· I . 01 ~ , .. ~ ,,0 /¿;. L .___ . . . . . . , þ.~ I~ ¿"'" ¿:7~ ¿?¿? "'L" //9.R2C. ~ð' ~"'h'-7 /~~ I SITE PLAN N'T'~ "" " " DELRAY BOAT LIFTS MARINE SEAWALLS CONSTRUCTION CO. DECKING 235 N.E. 3RD AVENUE DELRAY BEACH, FL 33444 (407) 276-0353 LICENSED . INSURED (407) 738-1422 September 27, 1991 Mark Gabriel Department of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: Kenneth McLeod boat dock Dear Mr. Gabriel, My client has an existing hardship and would like to request an ordinance waiver for his dock project. Mr. McLeod would like to extend his dock 26' beyond that which is provide for in Ordinance 154.6. This structure is to be considered a dock and not a finger pier. The width is less than 50' and therefor Section 154.17 does not apply. This dock is to be built on Lake Ida. Mr. McLeod property does not have a seawall and therefore the water depth is zero at the edge of water as represented on the site plan. For the dock to be useful the dock must project outward the distance as requested. As for the shape of the dock the Lake has numerous existing docks of similar size and shape of which Mr. McLeod would like to conform. The waiver Mr. McLeod is requesting is not new nor unusual. The City of Delray Beach has approved at least 5 docks of identical circumstances in the past. Not one of which received any criticism from the public. Please contact Troy H. Ennis at (407) 276-0353 if more information is needed or if there may be a delay in processing. Thank you for time and consideration. Sincerel~ ~~ ~- . ~ - Troy H. Ennis, President _":--...:--- RECEIVED SEP30 91 cc Kenneth McLeod COMMUNITY IIMPROVEMEtH ."""..-...... -- ---~. - ;... - . -~ ." MEMORANDUM ----- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~¡ SUBJECT: AGENDA ITEM # ~UJ - MEETING OF OCTOBER 29, 1991 REQUEST FOR MODIFICATION OF STANDARDS FOR A DOCK /1 N.W. 25th COURT DATE: October 25, 1991 We have received a request from the property owner at 1 N.W. 25th Court to install a boat lift within the 25 foot setback required by City Code. The canal at this property is not in accordance with the plat, in that it displays insufficient depth to maintain a vessel on the water. Therefore, it is not feasible to install a boat lift within the specified setback area. Section 7.9.4 of the Land Development Regulations provides the authorization to modify the standards for approval if it is determined that the requirements of the Code are not feasible. Staff recommends approval of this request, Approval of the adjacent property owner has been obtained. Recommend approval of the request from the property owner at 1 N,W. 25th Court to install a boat lift with a 10 foot setback instead of the required 25 foot setback, '",-, ," " , Agenda Item No.: AGENDA REQUEST Date: October 23, 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: October 29, 1991 Description of agenda item (who, what, where, how much): Owner request a variance to install a boatlift to extend beyond 25' setback located at 1 N.W. 25th Court. ORDINANCE¡ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: Engineering/Building recommends approval of the variance due to the canal not being in accordance with the plat. The water level is to low to float a boat. It is not feasible to meet City Code in this case. Department Head Signature: ~~ "".._.._"--_."~ Determination of Consistency with Comprehensive Plan: City Attorney Review¡ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,AIt.:: ." ,,, MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ !/~ RE: APPROVAL OF VARIANCE REQUEST TO INSTALL BOATLIFT DATE: OCTOBER 24, 1991 ITEM BEFORE THE COMMISSION: - - Mr. James DeMerritt, the current owner of the property located at 1 N.W. 25th Court, is requesting City Commission approval for a variance to install a boatlift 10' from the adjacent property line which is beyond the 25' setback. BACKGROUND: The canal at Mr. DeMerritt's property is not in accordance with the plat in that it displays insufficient depth to maintain a vessel on the water. It is therefore not feasible to install a boatlift within the specified setback area pursuant to City Code in this situation. Section 7.9.4 provides for authorization to modify the standards for approval if it is determined that the requirements of the Code are not feasible. Prior approval from the adjacent property owner has been obtained. Staff supports the request for variance. RECOMMENDATION: We would recommend Ci ty Commission approval for a variance to install a boatlift beyond the 25' setback as proposed by staff. B:DeMerit.VR/DMC IIhl "" ....._-- ...........~..~."'::._. _..... 4dr'__"~:~ DESCRIPTION: ! N LOT 1. "LAKE EDEN SUBDIVISION PLAT NO.3". ^CCORDING TO Till PLAT THEREOF RECORDED IN PLAT'BOOK 29 AT PAGE 219 OF THE PUBLIC RECORDS OF PAL 1 BEACH COUNTY FLORIDA. 1) THIS SURVEY HAS N T ABSTRACTED FOR EASEr1ENTS AND/OR RIr,HTS OF WAY OF RECORD THER THAN SHOWN. ~ 7 ..~ ELEVA no.s SHOW.. REON REFER TO ..0. S. DA T\JM (N. S. L. ) 3 BENCH HARK USED: ,AIL AND DISC AT THE HITERSECTlON or S.W. 34TH AVENUE AND SW TON AVENUE. ELEV. · 14.84 FEET. 4) LOWEST flOOR GRADE \IS 15.96 FEET N.O.S. DATUM (M.S.L.) WIIIC lOCATION SKETCH REFERS 10'THE LlVI.J;AREA OF THE HOME ONLY AND HOT TIlE ponc~ OR 6ARA~. ¡ (7-,.,-tfU) i AI. r.~. .' Jrt0r7 RoþR.M. raùnd . ' . I . '. ! O'I!Jricn I i'P..ð4lo~€.1> 3c(}Ø1f#:. Bck11-IPr ~l ~vi-l1v I . CANA L R/W ~ a;:-~ I I .0' Headwoll I ~~od 99. SO'( M) 99~l:1r1Y"') . ¡ IOO.co·IIl'· 99 þT(.... L/ri i (I I ! , ~, .. 1 ~ . . .. 1. os ~ ,. . -.' ~ S lU' . ~ ~ I øM~ f '" ~ . ItfIl.M ~/I ¥ E/. -/"'''1 ! '.- .- ---- NELL[R_W~ AND CATO. INC. r (~~ \. \ I 4'¡.'L-- BY:~JO~H &~'WEAV£R '" . PROFESSIONA LAND SURVEYOR FLORIQA STA E REG. NO. 3550 FILE-NO. 84-5B09-SS .~, :>. beller · weaver ... cala III. ....... .w..... ...~ .... ........ _11111 . .,. COR lIE PliUSll1l PlRlR I ,... "Þ<.' . ~~1 ~ ~T(..~!ft.~-º'.~.. ~.sT!Ol..~~1!t ~ORlOR ~. PIIOI1( 13051 !/!.f650 !'.:. ""1;1g:~;.. :-_ , ~- ~, , '11-' . , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~1 SUBJECT: AGENDA ITEM # '>c - MEETING OF OCTOBER 29, 1991 APPOINTMENT TO THE DEL RAY BEACH HOUSING AUTHORITY DATE: OCTOBER 25, 1991 The term of William Maher as a member of the Delray Beach Housing Authority will expire on October 27, 1991. Mr. Maher is interested in being reappointed and is eligible for same, having been appointed to fill an unexpired term. The term is for four (4 ) years (through October 27, 1994). His application is attached for your review. According to the statute, "No commissioner of an authority may be an officer or employee of the city for which the authority is created." Furthermore, at least one member must be a resident of the housing projects. Presently, there is a member/resident on the Housing Authority. Other persons who have submitted applications are listed as follows: Richard Brautigan Wilbur V. Chaney Rosalind Murray Sam Schwimer According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission workshop meeting of June 5, 1991, a consensus was reached wherein each Commissioner would, on an informal basis and, according to the rotation procedure, make a recommendation to the Mayor as to Housing Authority appointees. Therefore, an informal recommenda- tion will be requested by the Mayor of Seat #4 (Commissioner Randolph) regarding the appointment. tu~ i!!JJJw; ~ .. '1'1 . , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION - Jt1Jl.~ NAME /41 J LLI A.µ/1 t-. ?3Vo ¡tJ, G, £/9 rz:... S'-I-. [/ bH 71/0«5" r.' ;'l;/ßT Æ S"30&c...( HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) 1t/fJJ)O~ r'fiR?7Ú~/fJ b 3.3 SlSt"S- ::2-:1>~o /ftf1#I'TlJ~ Clf<. Gtq; ~?R~ 85«'/-( ¡::¿ PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE ('3t)5)'~7-9-Y7ø:;- BUSINESS PHONE &07) 99(-¡j>ýOò ON WHAT BOARDS ARE YOU INTERESTED IN SERVING (O~~dI5'S t'O~-e - þ6£..R/1-f /5(}fi/' ff ~O~5/A:)b fi-dTNð'</Z!:f LIST ALL CITY BOARDS ON WHICH YOU ARE CUlUlENTL Y SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Ò¡LLRPf 8~1f /f-otl$/¡()(; 11-«ïtfo~/7f 7'V¿ /9f9- ¡:;'£~&VT EDUCATIONAL QUALIFICATIONS f?..$ }) IÄ 1<6 W»/I/M'5'/I.Y 'V)) 1/ Æ/ /U' o~ rLOR/l>4 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~ ¡Cu ~/ 577if~ 6'A1t? O~ ~ . //1( é1I( !jete GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION A;AI /tJtléR "I/If'?7irJ~S"~r - ~6()L fìt!,eW6e. DESCRIBE EXPERIENCES, S~ILLS OR. KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD C~#&a'lfi~ ~ ~- ~~ 1")- 'j/& 1'/?A::77C ~ ¿./ up Ì/~6c.O¡t:'H(~ ,Qu.51 ~ / -1v~ fillet! H(¡f¡9Vr- / ~q/K4'/.5Ýt'O,lj~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AllE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATER.IAL FACTS CONTAINED IN THIS APPLICA- TION HAY CAUSE FORFEITURE UPON MY PAllT OF ANY APPOINTMENT I HAY RECEIVE. PUf/- . /0 hI /'11 SIGNATURE I / DATE 4/90 0" CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PAUL RICHARD BRAUTIGAN --.------.- NAME 2877 S.W. 2nd Street, Delray Beach, Florida 33445 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 80 Depot Avenue, Delray Beach, Florida 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP . -- (407) 243-7944 (407) 272-9086 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority, Historic "Preservation, CAB ; Cé.Ji.· ." t."B -- , LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS R, ~C.I. ;n Arc-hitpc-tllr,q1 Stllð:ies..Jla.~.A&M University -----R-..Arch; tPc-t~AlIhllrn TTn;vpr!'!:Lty. --------------.-- -- ------ _. -------- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. --'ëgrs""fëred ArCh1.teëf-rn·õffäã-;-cër-rrfred Building uH1~----------------- ---------- GIVE YQUR PRESENT, OR MOST ~18J.þNÃR~8f~'s~ Pp~¿TION _________ Pres1.dent, Architect, Owner, , . - - -- --------- r--·---- ,-- -"--- --.... - . -- - - DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Experience 1.n Low~come tlous1.ng, tl1.scor1.C ~reseYVac1on, Res1ðenc of South Ylor1da 38 years - -------- --- - ---------- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE. ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLI ATlON MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY REC IVE. I a/q ò 7/90 v<Jt1ll ~ -~!Lfl-et(--------------- DATE /o/7/~ .. .,," " "-,oI;~",-_ ~---- - --~----- - - --- -- -~- GAS -- \0--.-___ - Group A r~htt.ect1Ire South About Paul Richard Brautigan------------- Inc. P. Richard BrautJgan experience in Southern Florida, Architect With over 20 years Mr. Brautigan has been in private practice over 4 years in Delray Beach. Hólding Architecture degrees from Florida A&M University and Auburn University, Mr. Brautigan has designed over 4,000 housing units and buildings as tall as 36 stories. A native of Ft. Lauderdale, Mr. Brautigan brings his philosophy to bear that buildings should be sensible as well as belong to the site they occupy. Having designed an extraordinary amount of diverse building types from a native 'Cracker House' to the highly acclaimed Saint Demetrios Greek Church in Ft. Lauderdale to the wonderful Gold Coast Railroad Theme Park at Metro Zoo. Currently, Mr. Brautigan has purchased the historic Seaboard Air Line Railroad Station in Delray Beach and has started the restoration of the building for the relocation of his firm, Group Architecture South, Inc. Group Architecture South, Inc. was founded in Delray Beach in 1983 by Mr. Brautigan and currently maintains a staff of 2 architects, 4 technical support personnel, 1 field manager, 2 interior designers and 2 clerical supports. The reputation of Group Architecture South, Inc. has been built on the highly creative Architecture of Mr. Brautigan coupled with the technical clarity and technical completeness of the firms Construction Documents. Mr. Brautigan was selected as Architect for the personal houses of such notables as Edward Ledder, Chairman of the Board of Abbott Laboratories, Warren Thomson, an internationally known Wall Street trademark attorney, J. Allen Jones, former corporate counsel of Eastman Kodak, Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture Miller, prominent South Florida Developers; Jerry Baxter, Land Planning President of Corporate Design Interiors. Graphic De81~n Mode 8 Golf Course As Frank Lloyd Wright so aptly stated, "Give back the sloganArchltecture 'a good copy is better than a poor original' - to those whose desire for success out-measured their capacity to perform and who framed it in self defense." I \ close examination of Mr. Brautigan'sarchitecture reflects .;he òriginality, principles and truths of which Mr. Wright spoke. 100 EMt Unton Bh·d. Suite 802·A Delra)' BelICh, FL 33' n (30&) 272-9086 ",.~- .11,1 - - --- " -- ·'¡'IV' - ---. -" ._,- ~------ .------ ~- ---- ------- .- -------GASuu__ .---~--- --- --- ..---.--- - -- ---- Group Architecture South Inc. P. Richard Brauugan Client List demonstrates the unique and Architect The following diverse· types of individuals, developers, etc. who found Group Architecture South, Inc. Nathan Miller - Developer Personal House Jack Gaines - Developer Personal House The Babcock Co. - Developers Cloverbend Versatile Investment Properties - Developers Windwood Restaurant - Delray Beach Po Folks Lennar Homes - Developers Boca Chase Diamond Equities - Developers Diamond Plaza Gold Coast Railroad Museum Theme Park Greek Orthodox Community of Broward County Church Edward Ledder - Chairman,Abbott Laboratories Personal House Warren Thomson - Trademark Attorney Personal House J. Allen Jones - Attorney,Eastman Kodak Personal House Whitehill Developers Hampton Club Steven Whitehill - Developer Personal House Henry Whitehill - Developer personal House Hobe Sound Associates - Developers Hobe Sound Golf Club Holiday Inns of America Hotel - Maimi Jerry Baxter-Pres.,Corporate Design Int. Personal House Richard Bagdasarian - Attorney Personal House Castle Lake Corporation Apartments - Akron, Ohio Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab~ Louis Vitale - Attorney/Former Judge Personal House Architecture Land Planning Graphic De81~n Mode 8 Golf Course Architecture ( / f 100 Eat Unton Bh'd. Suite 202·A IJdray Beach, tL 33444 (30ft) 272·9UHti .'. CITY OF DELRAY BEACH BOARD MEMßER APPLICATION NAME Wilbur V. Chaney . West Palm Beach, FL 33111 1271 Westside Way, HOME ADDRESS (Street, City, 'Zip Code) (LEGAL RESIDENCE) c;nF. N R 5th Auø""ø nølT<lY Rø<lrh, 1<'1 11Ld~1 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE (407) 793-1851 BUSINESS PHONE (407) 276-7447 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Delray Beach Housing Authority LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SËRVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Law Degree (JD)- also see attached resume. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD T"T;q nnrrnr;:¡rø nøgrpp GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION I am in the private practice of law in Delray Beach, Florida. I last work as an assistant U.S. Attorner in Orlano, FL (1977-1983) DESCRI5E EXPERIENCES, SKIL S OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Attorney at Law and B.S. Degree in Political Science PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL TilE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND TIIAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION HAY CAUSE FO URE UPON MY fAR' /OF ANY APPOINTMENT I MAY RECEIVE. I // 10/ Cf / AZUl J./r,hA..2~ I~ 4/90 .. ;11 RESUME NAME: . Wilbur V. Chaney ADDRESS: 1271 Wests ide Way West Palm Beach, Florida 33411 TELEPHONE(S): Horne: (407) 793-1851 Work: (407) 276-7447 BIRTHDATE: October 27, 1943 MARITAL STATUS: Married Three (3) Children CHURCH AFFILIATION: Member of Greater Mt. Olive Missionary Baptist Church Delray Beach, Florida MILITARY: U.S. Army (1969-197l) Duty: Military Police Criminal Investigation DATE AVAILABLE: Negotiable JOB INTEREST: Personal Injury, Wrongful Death and Criminal Law EDUCATION: Carver High School Delray Beach, Florida COLLEGE: Morehouse College, B.A. - 1967 Atlanta, Georgia Major: Political Science Minor: Business Administration LEGAL: Howard University Law School 6th and Howard Place, N.W. Washington, D.C. 20001 J.D. - 1973 Activities: Delta Theta Phi Legal Fraternity Jack & Jill Social Club AMVETS «. '" EXPERIENCE: National Consumer Information Center (NCIC) ~ 3005 Georgia Avenue, N.W. Washington, D.C. 20001 NCIC - 1971-1974 From 1971-1973 I worked as a legal researcher and complaint investigator in charge of handling consumer complaints. Starting in July, 1973, after graduating from law school, I moved to the position of Staff Attorney in charge of research. Further duties consisted of visiting community action programs around the country and advising the organizations how to establish consumer protection units. Also, while traveling, I had occasions to speak with various groups of consumer related matters. Harry Diamond Laboratory (HDL) U.S. Army 2800 Power Mill Road Adelphia, Maryland 20873 HDL - 1974-1977 From 1974-1977 I worked as an Attorney-advisor in the general law area. As part of my duties I rendered legal advice in the following areas: (1) Labor Law Federal Employee Labor (2) Federal Jurisdiction (3) Environmental Law (4) Personnel Law -2- ""-, EXPERIENCE CONTINUED: (5) Advisor to the EEO officer and Committee , (6) EEO complaints formerly filed against HDL (7) Claims brought against Government (1 was the Claims Officer) (8) Gave· legal advise on the Freedom and Information Act and Privacy Act. (9) As a part of other duties assigned, I rendered legal advice on a variety of day-to-day problems that were presented to the legal staff. Participated in a lawyer referral service, sponsored by the D.C. Bar, which provided free legal representation for government employees filing discrimination complaints. United states Attorney's Office Middle District of Florida 80 North Hughey Avenue Orlando, Florida 32801 1977-1983 1977-1983, I was employed as an Assistant United states Attorney in the Middle District of Florida, Orlando Division. My duties consisted of representing the United States of America in both criminal and civil cases. -3- ." 'II-¡ ; EXPERIENCE CONTINUED: 1983 to July 1989 ~ Private Practice of Law in the Orlando-Winter Park area and in the f)outh Florida area with special emphasis in the area of Personal Injury, Wrongful Death and Criminal Law. July 1989 to Present Private Practice of Law in Delray Beach, Florida NON-LEGAL From 1972-1977 I worked as a part-time instructor at the University of the' District of Columbia on an intermittent basis. PUBLICATIONS: I have written several articles published in the National Consumer Information Center Newsletter. BAR MEMBERSHIP: Iowa state Bar Association and Florida Bar Association REFERENCES: Furnished upon request CONTINUING LEGAL EDUCATION HISTORY I have taken the following courses in conjunction with my employment. 1. Army Judge Advocate General School University of Virginia Charlottesville, Virginia A. Environmental Law - one week B. Contract Procurement - two weeks C. Employee Labor Relations - one week D. Personnel Law - one week E. Equal Employment Opportunity - two courses, one 3 days and one 5 days F. Adverse Action Course - three days G. Negotiating Labor Agreements - one week -4- ." '1'1 . II. U.S. Attorney General Advocacy Institute , Department of Justice Washington, D.C. A. Criminal Trial Practice - one week B. Appellate Practice - three days C. Civil Trial Practice - three weeks D. Torts Seminar - three days E. Advance Criminal Trial Practice - one week I II. Private Practice of Law Florida Bar Continuing Legal Education Courses A. Practice and Procedure Under Florida No-Fault B. The Basics of Personal Injury Litigation C. PreTrial Advocacy in Criminal Cases d. The Dissolution of Marriage Trial E. Florida Mortgage Foreclosures F. Jury Selections G. First Annual Masters Seminar Voir Dire Opening Statements Closing Statements H. Federal Practice Seminar r. Basic Probate and Guardianship -5- ." '" CITY OF DELRAY BEACH Iv- C Illtlr¡ I BOARD MEMBER APPLICATION ~- City, Zip Code) HOME PHONE 'f-t¡_i -=-If If -~ I BUSINESS PHONE .'~~--~ttð/5 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING I' ¡(.4· PILnni¥1ðt Zbh"'1j t5:af~ t~:~ ~li¡;J~~?::f;¡r:::;:::~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ,IV /1 ~f 11~(1) (' of Sxu-€/nt'_e ~ EDUCATIONAL QUALIFICATIONS r -r h a...,u...e (J Ð.e..:Y.¿L ì '" l!1l0i¿;'~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD 11(1- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION !l[1'r1 &dc.! é-ðÙvtf] ~ðj)(Jnf¡ &mJW55.tdYJeKs. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS t~ h~~ 1~ ;t~:;; j~::~:~;~~~nv::;s~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. toj ?iti IO/~ I ~1 ~/r:1J./1;ð"~ 4/90 ." ,II,-j ROSlLIID L. IIJRIU 42408 Village Drive Delray Beach, PL 33445 (407) 495-4431 PRORSSIOIAL DPIRIDCI Minority/laIeD's Business IDterprise Coordinator, Pal a Beach Count" PL 7/88-present . Develop and implement MIWBI program in accordance with MIWBI ordinance. Provide certification, DIOnitoring, and compliance expertise to MlwBI's and county entities. Serve as liaison between Board of County Commissioners and minority business community. Prepare public relations materials on MIWBI proqraa, such as brochures, directories, and handouts. Organize seminars to educate county employees on the benefits of proqram as well as MBI's. Provide technical assistance to M/WBI's, assist them in the development of their business. 6/86-7/88 Marketing Specialist, lendall Square Associates - Develop IIIrketing plans, business plans, and productivity analysis for sllll1 business. Prepare analysis through use of c01llputer generated data and delloqraphics. Identify marketing trends that effect small business. Advice clients of areas of market strength and weakness. - Interact with civic and corporate organizations on behalf of client base. Comunicate with Purchasing Representatives; encourage sponsorship of proqrlll that benefit clients. Develop and implement goals for use in client procurement programs. Organize seDÌnars, trade fairs, and workshops to educate small business in the areas of Marketing, and Management. 5/85 -6/86 Sales Specialist, Burdines DepartaeDt store - Analyze product market trends for dress department. Prepare survey instruments; develop in store product reports. Liaison between sales floor and buying office. COIIpile data used by Buyers to forecast future buying seasons. . 1/84-2/85 Public Relations Manager/Marketing Consultant, Greater Pittsburgh Balin... De,elopaeat Corp. . Responsible for conceptualiling, writing copy, and editing all corporate publications including Annual Reports, brochures, advertisements, signs, calenders, and award fliers. Conceived and implemented public relations proqraas and aedia blitzes. - Responsible for preparing marketing plans, feasibilit" and marketing studies for clients. Analyzed delOqraphic, industrial, and cOllputer generated data. Identified client target markets. Analyzed cOllpetitioo in given areas. Developed market research survey instruments. Developed pricing, advertising, prODOtioo and merchandising strategies. Supervised monthly Departmental bi 11 ings . Prepared Marketing Group reports for Quarterly and Annual Reports. 9/82 - 12/83 Marketing luistlDt, Greater Pitubargh bin.. Developaeat Corp. - Prepare marketing and operatiooal plans for use in small business loan applications. Assisted in all phases of official corporate cORIUDications. Prepare copy for client brochures. Wrote resource book on financing available for small business. EDOCA'fIOI B. S., llaapton Universit" llaapton, VI 8/76-5/80 Major: Marketing <DßIJII'l'f . lC'lIVI'fIIS Leadership Pala Beach 1990 Pt. Lauderdale Junior League 1990 Minorit, Cultural Consorti. Board 1990 Council for Black ICooOldc De,elopaeat Board/Public Affair. Chair 1988-present Amputees for !raining, Education, and Rebahilitatioa 1988-1989 ." ,n / ' - i ¡ CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION Sam Sc hwimer NAME 1061 Oranfe Terrace, Apt loh, nAl~ay ~ea~n, Flnrirl8 J~45 HOME STREE ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Retired PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - (407)272-4634 BUSINESS PHONE HOME PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Housing .'lthority, ~"y ot~~r for ~ch I may qualify. except Planning. & Zoning~d, or ~ny wnj~~ meet Tuesdar afternoon or Thursday mornin~. I have other committments. LIST ALL CIT BOARDS ON WHICH YOU ARE CURR NTLY S.RVING OR HAVE PREVIOUSLY S E R?n~e<¡n\.i.aitJi~c J¿M':iDi<\;\~\s.. ì. 98 5-81 Land Use Advisory Committee 19ð5 V1B106 2000_ MouBing Team(Gitizen TaSk Team-DBComprehenslve Plan) EDUCATIONAL QUALIFICATIONS Com~leted work for Master's Degree in Public Administration. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. None -- - ---.---- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Retired from Federal Government'where I served inPArsonnAl Administration and related positions for 35 years. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. SArvAd J yeara in Pederal Public Housing Administration. Lived in and actively involvA~ in +.wn ~~VArnmen~ Housing Developmenta. Workeçl __~ yeare in P.reon~~l MenegpmAn~ in ~~A PAdP.ral GovP.rnment. ..s.rt up Personnel S.stem and Position Classification System f~r City ot Greenbelt, Md. P1f{Hl.f,Tc'ïRlð¡iß{uWr&RiEl8U(sEl~~§es ot Also helped rewrite City Charter. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. a.JZ....x Representative in Florida Silver-Haired Legislature since 1981, including one term as House Speaker Pro tem. ~~Chairman of Area 9 of FSH~. ~-f t..K:r ~~d - /' - - DAT~-L --- ~ I" 91 . ~ ~ f21lA- pM>--t- &LU .,. It'l CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 29, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ----.--- ADDENDUM ------.-.---- THE REGULAR AGENDA IS AMENDED TO INCLUDE: ¿ AA. RESOLUTION NO. 87-91, A resolution authorizatinq the . 0 Communtiy Redevelopment Agency to acquire two lots in the area 6/ known as "Banker's Row". City Attorney recommends approval. ~ BB. DECLARE AN EMERGENCY AND AUTHORIZE STAFF TO NEGOTIATE CONTRACTS/FIRE STATION NO.5: Declare an emergency and authorize staff to negotiate contracts for site clearing, paving ~ /0 and drainage connections associated with temporary Fire sta.t.ion No. 5 site. - .,< · [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 4U7/278-4755 Wri ter I s Direct Line (407) 243-'7092 MEMORANDUM Date: October 29, 1991 rI'o: City Commission From: ,Jeffrey S. Kurtz, City Attorney Subject: Approval of CRA's Acquisition of Property in Banker's gow Ar~a/Resolution No. 87 -91 T'tle Community Redevelopment Agency has requested that: we add Resolution No. ..JU.-91 to t.he Commission's October 29, 1991 agenda. The purpose of the resolution is to authorize the CRA to purchase two lots located in the Banker's Row area. The CRA approved the acquisition on October 24, 1991. The CRA believes it will be able to enter into a cant.r-act to purchase the property at a favorable price shortly. Should any Commissioners have any question concerning this matter, please do not hesitate to contact our office. JSK:sh Att.achment C(~ : David Harden, City Manager Alison MacGregor Harty, City Clerk craacq.txt 9Þ-.A. .""~ '" RESOLUTION NO. 87-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT OR PURCHASE: PROVIDING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION OR REDEVELOPMENT, OR COMBINATION THEREOF, OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH: PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 46-85, adopted by the City of Delray Beach, Florida, the City Commission of the City of De1ray Beach, Florida, created the Delray Beach Community Redevelopment Agency: and, WHEREAS, pursuant to Section 163.355, Florida Statutes, the City of Delray Beach, Florida, finds that the properties described herein constitute blighted areas and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety and welfare of the residents of the City of Delray Beach, Florida: and, WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift or purchase any real property within the Community Redevelopment Area: and, WHEREAS, pursuant to Section 163.370 (3) (a) , Florida Statutes, prior to the approval of a community development plan or modification thereto, the Community Redevelopment Agency may acquire real property with the approval of the governing body: and, WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift or purchase, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitations set forth in the "WHEREAS" paragraphs above are incorporated by reference herein as findings of fact upon which this resolution is based. Section 2. The Delray Beach Community Redevelopment Agency is hereby authorized to acquire by gift or purchase that certain property more specifically and legally described as follows: 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. Section 3. This resolution shall take effect immediately upon passage. . ". ",-, " PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. ~~ , MAY~ ATTEST: n V;f)lJì)vmJ1, }¡ j f!P1 I/o rIý ty Cler . - 2 - Res. No. 87-91 ~I'~ · . - .' <: RESOLUTION NO. q/- 1 A HESOLUTION OF THE DELRAY BEACH COHMUNITY REDEVELOPMENT AGENCY FOR THE ACQU IS I'l'ION OF PROPERTY BY GIFT OR PURCHASE WHEREAS, the CRA has determined that the property described herein const.it.utes a blighted area and that the rehabilitation, conservation, or red(~velopment , or a combination thereof, of such areas lS necessary In the interest of the public health, safety, and welfare of the residents of the City of Delray Beach, Florida; and WHEHEAS, Florida Statutes Section 163,370 requires prior City Commission approval for the purchase of real property prior to the modification of the Community Redevelopment Plan relating to the redevE! 1 OpJl1E~ n t of such property; and WHEREAS, the Community Redevelopment Agency desires to purchase Lots 1 and 2 ( JOHN B. CURRIE Subdivision, as recorded In Plat Boo k 33, PagE~ 196 of the Public Records of Palm Beach County, Florida, as a part of the development of the Bankers' Row street- scape and parking lot project currently under planning prior to the modification of the Redevelopment Plan. NOí-.J I THEREFOHE, BE IT RESOLVED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AS FOLLOí^lS : The DelL-a)' Beach Community R(~deve loprnen t Agency hereby requests the City Commission of the Cit.y of Delray Beach to grant authority pUL-suanL to Florida Statutes Section 163.370 to the Delray Be¡¡ch Conll!!\l!l i. t Y Redevelopment Agency to acquire the f 011 ow in CJ dese r ibr:rJ propel~ty by gift or pu rch,lse: ~I'~ . - . . . - Lots 1 and 2 , JOlIN B. CURRIE Subdi- vision, as recor.ded in plat Book 33, Page 196 of the Public Records of Palm Beach County, Florida 'Î RESOLVED this ;..<1 day of /Ÿc.:¿.?il--i-V , 1991, by a vote of 0 to tJ Attest: :2¡U;:j'Ü'¿~J:0b'--/ .S c re't a ry------ I I) v "",I £IT' DF DELRA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: OCTOBER 29, 1991 SUBJECT: CONSTRUCTION OF SITE WORK TEMPORARY FIRE STATION NO. 5 A construction contract will be needed to accomplish the site clearing, paving, drainage, utility installations, debris removal, etc., to accommodate this temporary fire station site. In order to meet our time objective of January 1, 1992, we must have the site ready to receive the temporary facility on December 13, 1991. The standard bid process is not compatible with this time frame. Therefore, I request that the City commission, at their regular meeting of October 29, 1991, grant staff the authority to negotiate for the best price available to do this work within the related time frames. Using this method, we will be able to maintain the original project schedule. The Environmental Services Department will be responsible for the negotiation process and the coordination of site development and construction activities. The preliminary estimate by our consulting engineers, Lawson, Noble and Associates, Inc., is $47,850. V~ ~.\L- ___ Kerry B. Koen Fire Chief KBK/mmh cc: Mr. Gabriel Mr. Greenwood Mr. Kurtz 01'88 FIRE DEPARTMEf\JT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 407/2437400 - FAX 407/265-4660 -."04. '" , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ..1 FROM: CITY MANAGER ('''''}/i. SUBJECT: AGENDA ITEM # k:LØ - MEETI~~9F QÇTOBER 29, 1991 _ 9RDINANCE NO. 73-91 DATE: October 23, 1991 This is a second 'reading of an ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres plat) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district in part, GC (General Commercial) zone district in part, and PC (Planned Commercial) zone district in part. First reading of this ordinance was held at your September 24th meeting, at which time the applicant modified his request. The Commission remanded the modified proposal back to the Planning and Zoning Board for their recommendation. The Planning and Zoning Board was scheduled to take action on this item at their October 21st meeting; however, the applicant has requested a continuance until November 18, 1991. This ordinance has been advertised for public hearing at the October 29th City Commission meeting. As the Planning and Zoning Board will not be taking action on this ordinance prior to that meeting, staff recommends that the Commission conduct the public hearing and continue final action until your November 26th meeting. Recommend public hearing be held on Ordinance No. 73-91 on October 29th and defer final action until November 26, 1991. C-A Jl.tl>..lL M..ptùm "I- md:i.ci ~ ~;.~ PH ~ øpvu..dL 0A.Lfl. ~ lli "I ~b 9 I 5-0 V öt¡¿ I '-¡ ~ ."¡-r. ' . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID To. H~~' CITY MANAGER THRU: ~ ACS~ DEPARTMENT OF PLANNING AND ZONING '- FROM: PAUL DORLI~ PL~ µ, RE: MEETING OF OCTOBER 29, 1991 ORDINANCE REZONING D.B.O. ACRES FROM PC TO GC AND AC ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of continuance of the second reading of a rezoning ordinance affecting D.B.O. Acres by changing designations from PC to GC and AC. BACKGROUND: The City Commission considered the ordinance on first reading at its meeting of September 24, 1991. This ordinance involved a request to change 4.68 acres of the D.B.O. Acres site from PC to GC (including existing Exxon, KFC and vacant 3.15 acres) and .80 acres from PC to AC to allow a Tire Kingdom store. During discussions with the City Commission the applicant proposed to amend his request to seek GC for the existing Exxon and KFC sites, GC for an additional area (new lot), AC for a proposed Specialty Service Shop and retain the balance of the site as PC. The City Commission excepted the modification and remanded the new proposal back to the Planning and Zoning Board's October 21, 1991 meeting. Second reading before the City Commission was scheduled for October 29, 1991 and has been advertised. However, the applicant requested a continuance to the November 18, 1991 Planning and Zoning Board meeting. To receive the Planning and Zoning Board recommendation at second reading of the ordinance a continuance to the November 26, 1991 City Commission meeting will be required. RECOMMENDED ACTION: Hold the public hearing and then continue second reading consideration of the ordinance rezoning D.B.O. Acres from PC to GC and AC to the November 26, 1991 City Commission meeting. ATTACHMENT: * Letter of Continuance ~'''I . . . Kilday & Aaoclatea Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 October 2, 1991 Mr. Paul Dorling, Planner II City of De1ray Beach IOO N.W. lst Avenue Delray Beach, FI 33444 Re: DBO Acres Rezoning Dear Paul, Pursuant to our telephone conversation this morning, please be advised that we are requesting a postponement of the scheduled Planning Board Hearing on October 21, 1991. This postponement request is a result of last month's City Commission Hearing in an effort to modify our rezoning application. At this time our office is working on the site plan for a proposed fast-food restaurant on parcel number three to determine the zoning boundary line. With this postponement, it is my understanding that the application would be carried on to the November la, 1991 Planning Board Agenda. Please contact me if this is incorrect. I would also like to know when your deadline is for re-submitting any revised applications, plans, etc. and whether any filing fees will be required with re-submittals. Please feel free to contact me with any questions or comments. Sincerely, ~/~ Lindse~ter - LAW / cdd " , \ cc: Dan Burns Jerry Lehman . \ Rick Olson \", . Yvonne Ziel J file;702.2 . \ 'i.-\ .. 'v· \ ~I'~ ," ~ . ~ (\O~ ORDINANCE NO. 73-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART: SAID LAND BEING LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH" COUNTY, FLORIDA: AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Commercial) District, in part, PC (Planned Commercial) District, in part, and AC (Automotive Commercial) District, in part, as defined in Chapter Four of the Land Development Regulations of De1ray Beach, Florida, to-wit: Lots 1, 2, 3 and Tract "B", DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 5.481 acre parcel of land, more or less. The subject property is located on the south side of Linton Boulevard between S.W. 4th Avenue and the Florida East Coast (FEC) Railroad, De1ray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final ~ reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk , First Reading Second Reading !II'* '" . '. . . ORDINANCE NO. 72-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000.00; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, F.S. 163.3187(2) provides that corrections, updates or modifications of current costs which were set out as part of the Comprehensive Plan shall not, for the purposes of this act, be deemed to be amendments (to a comprehensive plan); and, WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive Plan provides the Five Year Capital Improvements Schedule for Projects Greater than $100,000.00; and, WHEREAS, during preparation of the Annual Budget for Fiscal Year 91/92, the City was provided with current information regarding costs and progress on capital improvement projects which were and are a part of the City's Comprehensive Plan; and, WHEREAS, upon review of the proposed Annual Budget by the Planning and Zoning Board, acting as the Local Planning Agency, said Board determined that changes should be made to the Five Year Capital Improvements Schedule to reflect current information; and, WHEREAS, Part V of the City's Comprehensive Plan provides that such changes shall be accomplished by an ordinance and that such modifications shall normally be considered concurrent with the annual budget process with the enacting ordinance heard and acted upon concurrently with the adoption of the budget; and, WHEREAS, the Annual Budget for Fiscal Year 91/92 is currently before the City Commission, NOW, THEREFORE, BE IT ORDAINED BY ,THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Table IV-3, Five Year Capital Improvements Schedule for Projects Greater than $100,000.00, is hereby amended, by replacement in its entirety, by Exhibit "A" as the same is attached hereto and made a part hereof. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole. PASSED AND ADOPTED in regular session on second and final reading on this the 29th day of October, 1991. q¡¿~ ,. MAY~ ATTEST: () I; JJLV7'f(}JL1 j¡¡ ~ JlO;#¡ City C rk First Reading October 8. 1991 · Second Reading October 29. 1991 <l1'~ . 3~~933 p ..... 'r!lli;ZIllQ!IIII!III~~f~~3:ii"!li¡~ p ~ ... ~ C\ :.cflllgi C\ ~ ~ õ il:~f[~r i UUjhi~n~Hh~fHhdHU = ! = PiH{~ ~ ~ § ~ ¡. ã' 2. - ~ r r i ; ; i § ! to'.; I ] ¡ 11 .f I .f S. ~.. ! 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I I J j.:sJ~ ~ ~ § ." § §§§§ i j C\ i ~ ." !'!1 - 2!! ~ 0 o 0 ' 0 ~ ~ J § *"~ , . . ...... ~ii~~~::1 "Tj D> .... ¡ "1:1 '-' ~ :;¡:! - "1:1 ~ .... ~ ¡;;¡ 3 8 ~ ~ 0 ~ ì c:: ~. ~ ."!:!1 S ~ ~ (\-- ...¡ £: ~. ~ g~ ~ tTJ - § (') ~ ë' ~ §'~s:~~g ...., ~ I/Jo :I ~~ ¡j~ ~ ~ Q. 2- S ;:¡ ¡;¡ :I > ...¡ ..., ~ ~R~ ~ z 6 ! ~ *:;¡:!='- ! Ö 8 8 § 2 " 8 ~ Q.~ Z 0 c \:;! Ii -- ~ ~ ~ ~ "'1:1 " D> 0 :I ~ :I II:' 0 "'1:1 i :I 0 - " [IJ > ~ 1$ ~ ~ g c ~ ~ ...¡ :3 :::c § 0 ~ ~ ~ \:;! tT1 .... Z ~ ~ ~ rJl (') =r: tT1 0 c::: l' tT1 "Tj :!J 0 " :::c ~ V't V't V't V't ~ >Q '" ~ \0 ~~~;;~~ ~ - ...., ): v.v.<:>~~ ~ "1:1 :::c 8 ~§§~§i 8 ~ 0 c..., z tT1 52 @ >Q a ~ "1:1 .... tTJ ~ V 0 ~ ö ,.... 0 ~ 0 '0 ~ 0 0 ~ '" tTJ >Q (') ~ 0 z Ö "1:1 ~ z 52 a "1:1 - tTJ ~ ~ . 0 § ö ""'* '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ! FROM: e -Y ! CITY MANAGER! . \ SUBJECT: AGENDA ITEM #JO a - MEETING QF OCTOBER 29, 1991 ORDINANCE NO. 72-91 .. DATE: October 23, 1991 This is a second reading of an ordinance amending the Five Year Schedule of Capital Improvements, Table IV-3 of the Comprehensive Plan. The Planning and Zoning Board at their October 21st meeting recommended approval and concurrently made a finding that the proposed changes were consistent with the Comprehensive Plan, as amended through Plan Amendment 91-1. There was not public comment provided at the meeting, However, prior to the meeting Mr. Lynn Stokes noted that under the 1987 Utility Tax Bond, each park should be specifically identified and an allocation provided as opposed to listing of the parks under a footnote. The Board considered that comment and directed that the change be included. Recommend approval of Ordinance No. 72-91 on second and final reading. 6/0 r~ .IJ" , . .. ~ " .C ~.- i C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER ~J ~l)~~ - D D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 ORDINANCE 72-91, MODIFICATION OF THE FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE, TABLE IV-3, OF THE COMPREHENSIVE PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of an ordinance with amends that portion of the comprehensive plan which sets forth the s-Year Schedule of Capital Improvements. BACKGROUND: This item has had considerable discussion before the City Commission as we have attempted to coordinate the processes used for adoption of the Annual Budget and our major (annual) Comprehensive Plan Amendment. First reading was held on October 8th. The proposed Table IV-3 was referred to the Planning and Zoning Board for further review and recommendation. Attached is the documentation which was provided to the Board. It identifies the specific changes (between the existing Table IV-3 and the proposed Table IV-3). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meetìng of October 21st. There was no public comment provided at the meeting. Prior to the meeting Lynn Stokes noted that under the 1987 Utility Tax Bond each park should be specifically identified and an allocatio¿provided as opposed to a listing of the parks under a footnote. The Board considered that comment and directed that the change be included. The Board then forwarded the proposed changes on a 7-0 vote. Concurrent with that recommendation, the Board made a finding that the proposed changes were consistent with the Comprehensive Plan, as amended through Amendment 92-1. ~I'~ City Commission Documentation Ordinance 72-91, Modification of the Five Year Capital Improvement Schedule, Table IV-3, of the Comprehensive Plan Page 2 RECOMMENDED ACTION: By motion, approval of Ordinance 72-91 on second and final reading; with direction to the Director of Planning to forward the amended schedule to the State Department of Community Affairs. Attachment: * Revised Table IV-3, per the P&Z Board recommendation DJK/#87/CCsYT.TXT .. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 21, 1991 AGENDA ITEM: III.B FINDING OF CONSISTENCY, s-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS, TABLE IV-3, COMP PL ~ ITEM BEFORE THE BOARD: The item before the Board is that of making a finding of consistency between proposed modifications to the Five Year Schedule of Capital Improvements and the Comprehensive Plan. The proposed changes will then be considered for adoption, by ordinance, by the City Commission. Part V.B.4 of the Comprehensive Plan governs this process. BACKGROUND: This subject has been before the Board in various forms during consideration of Plan Amendment 91-1 and the determination of consistency between the proposed FY 91/92 municipal budget and the Comprehensive Plan. This specific hearing is before the Board as you review the formal proposal for modifications to the current five-year schedule. ANALYSIS: Attached is the proposed schedule (Exhibit of 10/16/91), an explanatory memo, and a comparison chart. The staff believes that the documentation set forth herein and the previously enacted Amendment 91-1 provides the basis for making a finding of consistency between the revisions in the Table (Schedule) and the Comprehensive Plan. Please -contact us prior to the meeting if you have specific questions so that any further documentation can be easily accessible during the hearing. ITEM III.B. "1<-1 P&Z Staff Report Finding of Consistency, 5 Year Schedule of Capital Improvements, Table IV-3, Comprehensive Plan Page .2 RECOMMENDED ACTION: By motion, find that the proposed Five Year Schedule of Capital Improvements is consistent with the adopted Comprehensive Plan and recommend that the City Commission adopt the revised schedule by ordinance. Attachments: * proposed schedule * memo re description of changes DJK/#86/PZSYEAR.TXT - ORDINANCE NO. 72-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, F.S. 163.3187(2) provides that corrections, updates, or modifications of current costs which were set out as part of the Comprehensive Plan shall not, for the purposes of this act, be deemed to be amendments (to a comprehensive plan); and, WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive Plan provides the Five year Capital Improvements Schedule for Projects Greater than $100,000; and, WHEREAS, during preparation of the Annual Budget for Fiscal Year 91/92, the City was provided with current information regarding costs and progress on capital improvement projects which were and are a part of the City's Comprehensive Plan; and, WHEREAS, upon review of the proposed Annual Budget by the Planning and Zoning Board, acting as the Local Planning Agency, said Board determined that changes should be made to the Five Year Capital Improvement Schedule to reflect current information; and, WHEREAS, Part V of the City's Comprehensive Plan provides that such changes shall be accomplished by an ordinance and that such modifications shall normally be considered concurrent with the annual budget process with the enacting ordinance heard and acted upon concurrently with the adoption of the budget; and, WHEREAS, the Annual Budget for FY 91/92 is currently before the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Table IV-3, Five Year Capital Improvements Schedule for Projects Greater than $100,000, is amended by replacement, in its entirety by Exhibit "A", attached hereto. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole .. ~. ._------ - ---------.- , ~I ..I ·. '_. . PASSED AND ADOPTED in regular session on second and final reading on this the 8th. day of October, 1991 MAY 0 R ATTEST: City Clerk First Reading: September 24, 1991 Second Reading: October 8, 1991 - - 2 - ~. -----. - ._------~-------_._------- --- ~------_._------- ----~ .... iit g~~ ~ ~...... Q , ~ ~ ¡¡¡ ... t:) ! I U§ I ~ ~ ~ ~.~~ 8 ~ I ~ M ¡¡¡ '" ~ I III1 Iii I t ~i .......i j ~ _ _] '" ... 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'" U Ç,.) r...; î:: 13 ¡.. .!:!., .... ;;¡ ~ Q¡ ." .. í:! ¡¡¡;;¡ e o "2! 8 E ~ ~.¡;- &; =- tï:: ~ !µ:ða~~ct ~ 3: '11'_1 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Planning and Zoning Board Members FROM: David Kovacs, Director DATE: October 14, 1991 SUBJECT': MEETING OF OCTOBER 21, 1991 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR FY 91/92 This is a background memorandum addressing changes to the Five Year Capital Improvements Schedule, from the previously approved schedule in the Comprehensive Plan to October 1,1991, and from October 1, 1991 to the present. Changes are grouped under subject headings as follows: Fund Name Changed Storm Drainage Utility Fund (FKA Drainage Facility) Water/Sewer Connection Fees (FKA Transmission/Storage Fees) 1991 Revenue Bond (FKA 1991 & Subsequent Bonds) Water/Sewer Renewal/Replacement/Operating Capital (FKA Water & Sewer Operating Capital) Project Name Chanqed or Combined Central Fire Station (Fire Station Il) (FKA Central Fire Station and Fire Station .1 Relocation) Fire Station '3&14 Rehabilitation (FKA Fire Station Rehabilitation and Equipment) Old School Square Area Redevelopment (FKA CBD Redevelopment) .. s.w. 10th Street Widening (FKA S.W. 10th Street Reconstruction) North Plant Storage Tank (FKA North Plant Booster Tank) Plumosa Ground Storage Tank & Booster (FKA North Storage Tank) ---,--,-,^,,-- '" , P&Z Board Five Year Capital Improvements Schedule for FY 91/92 Page 2 Western Wellfield program (FKA Eight Emergency Production Wells, Emergency Wellfield Transmission Main) Enclave Water & Sewer Extensions - Germantown W/S (FKA Germantown West W/S and Germantown East W/S) Chanqes of Fundinq Source Beautification - Lake Ida Road (formerly funded from 1987 Bond, this project will be built using any funds remaining in the DOE bond after other bond projects are complete) Western Wellfield Program (formerly funded from ·1884 Bond, now funded from W/S Connection Fees) Water Main, Seacrest to US 1 (formerly funded from 1991 Bond, now funded from W/S R&R/Operating Capital) Well Rehabilitation (formerly funded from 1991 Bond, now funded from W/S R&R/Operating Capital) Pipeline Replacement/Upgrade 2" (formerly funded only by W/S R&R/Operating Capital, now funded in part by 1991 Bond) I&I Correction Program (formerly funded only by W/S R&R/Operating Capital, now funded in part by 1991 Bond) Enclave Water & Sewer Extensions: Frederick/Lamat W/S Silver Terrace W/S S.W. 4th Ave @ Linton W/S South of Delray Shores W/S Lake Heights W/S Gulfstream Heights W/S Brandon Drive W/s Lone Pine W/S Woodvue Subdivision W/s (formerly funded from 1991 Bond, now funded from a contemplated 1993 Bond) Lift Station Telemetry (formerly funded from both the 1984 Bond and W/S R&R/Operating Capital, now funded only from W/S R&RlOperating Capital) ""'1 P&Z Board Five Year Capital Improvements Schedule for FY 91/92 Page 3 Projects/Funds Added or New Projects Elevated Storage Tank Rehabilitation (emergency repair project) 1993 Bond (contemplated to continue funding of water & sewer extensions in enclave areas) W/S Improvement Program (projects such as line extensions and valve additions which will individually be less than $100,000, but will total over $100,000 for the year) 1987 Utility Bond (expected to be completed in the previous fiscal year, several of the projects in this fund have carried over, making the listing of this exiting fund appropriate) Projects Completed/Deleted Complete: Allamanda Gardens Atlantic Ave Phase II Fire Station #2 Lowson Drainage S.E. 1st Street Drainage Old School Square Phase I Emergency Wellfield Assessment S-20 Surge Protection Boca/PB County Interconnect S.E. Transmission Main to Miller Tank Miller Tank Water Storage Expansion Public Utilities Building (N.E. 2nd St.) East Atlantic Ave Subaqueous Crossing Deleted: Not Committed line item from Drainage Facility fund (no longer needed in light of Storm Water Master Plan in process) ... JW/#3/CIP3.TXT ~-~---- ,., / . . ..,';/ '. ., ) I ; i J . t: :s . a . j§1 - ~~I£ E i 1=J~ I I j. § ; Ifll] ; fa I J~ §~ ! 3 ~-]Jl ~ ==1 3 ~ ¡ ~ t - r ~ ! ~ 2 ~ ~ ; .3 ~. t .. ) a ~ ~]! ~ ~ I ~ î c:! J IIi 1 1St· I ~ ~ ! ! J J .! ~!I~ =; ~ 8;I¡fll '!1!1~11;'1; .J!lt ,III!. ¡¡I~J311~li!ltJJ-IIJlj!Ji¡i¡1 !~1~1 1it:~~ ~.f .1~3~·3 ~il~ ~.~«~< <~!i~ ~u~<= ë&.£¡..... 22>ouðotll' vtu~Z wfcl....· ~ =;::~.. ....,---..", o I ~ ~ ) ª ~§~~! i) 1 ~~ I 8 8~~~~ ~ ~ 22 1 ~ ~888Q ~ 88 ^ < ] § i ~ 1 a '" § f t œ . o ; '" - ~ . ~ I ~ ~ ~ ... ~ ':II ~ ~ ~ - If I ~ i· . 1 _ I ~ iI g o f e :. î! =- s~ cc. Õ. ~Á. .)-(' 1 3 ~. ã I ~ ~ -,¡ .. ¡:: I I ., 0 i . ~ ¡--- !~ ~. ~ ! 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D~~88!]8 88 1J ^ § ¡it ]1 11 a a: Jo,Jo, .. a: ~ ~ .:;J ~. - ¡,¡ :I I - ~ r- 1 ~ 11 t J :- " ;-....r- r J ¡3 _ I 0 .~~ - ~~t 1 ~~ It! a: I I :ic..:s. .\I ,J ~II~ ! It! ~ JI' Fail i ;) 3 ( i ¡i! ~fI~H !hi ~1t!]J ~ ~ .! f~z ¡1~ -~ It!I(!J~ ~ i .~Jhh ¡~ I'}I Hilnp~¡ e ~J¡::~ J i¡i- ... ~ ~J" Igi~i ~¡:li 1 ~ 1111 fAce ~ 112 1 .. ! ," ¡~...'õ~:! j 1 ¡¡ !I!lJ ~.. a: >- -.... ]1~" ""Ii A I~J J~Ji~ ~ 311. ~~~jj3~ ~~ 8 ~ !~~ i :5"';"¡ :. j ;.,¡< ~ !~ Z w¡¡ <JI <II <II :! <II;¡ ~~ ... .......... ... ~"'I - . C I'T Y COM MIS S ION DOC U MEN TAT ION - - --- TO: DAVID HARDEN, CITY MANAGER ~0 ~h..~ FROM: DAVI~. KO ACS, DIRE OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 8, 1991 *** REVISED FOR THIS MEETING ** ORDINANCE AMENDING TABLE IV-3 OF THE COMPREHENSIVE PLAN (FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an Ordinance which amends that portion of the Comprehensive Plan which contains the 5-Year Capital Improvement Schedule. F.S. 163.3187(2) provides, in part, that corrections, updates, or modifications of current costs which were set \ out as part of the Comprehensive Plan shall not, for the purposes of this act, be deemed to be amendments. Part V.B.4.b. of our Comprehensive Plan requires that such changes be done by an ordinance. BACKGROUND: In reviewing the proposed Budget for FY 91/92, progress made on various Capital Improvement projects, and implications of our efforts to "clean-up" outstanding bond obligations it became apparent that some changes also need to be made to the 5-YearCapital Improvement Schedule as contained in Part IV of the Comprehensive Plan. It is appropriate that the Schedule and the capital Improvement portion of the Budget coincide. Attached you will find both the current and the proposed Five Year Cap,.! tal Improvement Schedules i.e. Table IV-3 of the Comprehensive Plan. Background on many of the changes is found in the Director's Report re compliance of the proposed Budget with the Comprehensive Plan. Other background has been reviewed by the City Commission concurrent with activities such as reallocation of the 1987 Utility Tax Bond and work on the 1991 Water/Sewer Revenue Bond Program. . . . City Commissio~ Documentation Ordiance Amending Table IV-3 of the Comprehensive Plan (Five Year Capital Improvement Schedule) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has reviewed the s-Year Schedule during a work session held on September 26th. They will formally address the need to amend the Five Year Capital Improvement Schedule at their meeting of October 21st. RECOMMENDED ACTION: By motion, approval of this ordinance on first reading. Note: second reading will be held following formal Planning and Zoning Board review. Attachment: * Current and Proposed 5-Year Capital Improvement Schedules DJK/lh DJK/t85/CCCIP ... . ~ ;.I - ~, I ,- , . , MEMORANDUM ---~~~- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~?r1 SUBJECT: AGENDA ITEM # lo~ - MEETING OF OCTOBER 29, 1991 COMPREHENSIVE HOUSING AFFOBº~BILITY_ STRATEGY DATE: October 23, 1991 This item is before you to conduct a public hearing on the City's Comprehensive Housing Affordability Strategy ( CHAS ) . The Cranston - Gonzalez National Affordable Housing Act of 1990 mandates that state and local governments prepare a five year strategy to provide for the housing needs of low to moderate income residents. Without a Federally approved CHAS, the governmental entity is ineligible for federal grant assistance including the Community Development Block Grant. The Community Development Division has prepared the CHAS document using information contained in the Housing Element of the Comprehensive Plan. The Final Report of the Neighborhoods Task Team is also included as an appendix to the CHAS document. As part of the Citizens Participation process, we were required to make the strategy available for public comment for a period of 60 days. On August 15, copies of the document were placed in the Public Library, City Manager's Office and throughout City Hall. Additionally, an informal public hearing was held before the Neighborhoods Task Team on October 10, 1991. Public comments are summarized and are also included as an appendix to the CHAS document. Recommend approval of the Comprehensive Housing Affordability Strategy and authorize staff to submit the document to the Department of Housing and Urban Development. ~ 5-0 ' . *,I~ '" . , Agenda Item No.: AGENDA REQUEST Date: OCTOBER 19, 1991 Request to be placed on: X Regular Agenda ~ Special Agenda OCTOBER 29, 1991 Workshop Agenda When: Description of item (who, what, where, how much): IN ACCORDANCE WITH 24 CFR PART 91, SUBPART D OF THE FEDERAL REGULATIONS. THE COMPREHENSTVE HOTJSTN~ AFFORDABILITY STRATEGY IS PRESENTED FOR PUBLIC HEARING, (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: STAFF RECOMMENDS APPROVAL OF THE COMPREHENSIVE HOUSING AFFORDA- BUITY STRATEGY AND APPROVAL TO SUBMIT TO THE U.S. DEPARTMENT OF HOTTSTNr. 1;, TT"RRAN DEVELOPMENT. (Example: Recommend approval with funding from Special Events Account No; 001-3333-555-44.55). A ~! Department Head Signature, ~ ¡::: .... ====-------, City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO I Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: JÎ Approved for agenda: ~/ NO [Wi Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ...'~ '" M E M 0 RAN DUM october 16, 1991 To: David Harden, city Manager From: Dorothy Ellington, Community Development coordinator~~ Thru: Lula Butler, Community Improvement Directo~ Subject: comprehensive Housing Affordability Strategy (C.H.A.S.) Public Hearing ITEM BEFORE THE COMMISSION In accordance with 24 CFR PART 91, SUBPART D of the Federal regulations, the attached Comprehensive Housing Affordability strategy is being presented for Public Hearing at the October 29, 1991. BACKGROUND The Cranston-Gonzalez National Affordable Housing Act of 1990 mandates that state and local governments prepare a five year strategy for providing for the housing needs of low/moderate income residents. without a Federally approved Comprehensive Housing Affordability Strategy (CHAS) , the governmental entity is ineligible for federal grant assistance including the Community Development Block Grant ( CDBG) . The Community Development Division has prepared this document by simply taking the City's Housing Element to the Comprehensive Plan and adapting it to the required format of the CHAS. Supplemental information has been included to meet the full criteria of federal regulations. The supplemental information deals mainly with Homeless Assistance Needs, Public Housing, Section 8 assistance, Annual Goals, Resources and the action plan for imp lent at ion. Also the Final Report of the Neighborhoods Task Team is included as an Appendix to the strategy. As part of the Citizens Participation process, we were required to make the strategy available for public comment for a period of 60 days. We began that period on August 15 by placing the document at the Public Library, City Manager's Office and at various counters of city Hall. Additionally, an informal public hearing was held before the Neighborhoods Task Team on October 10, 1991. Public comments are summarized and included as an ~I'-I · additional Appendix to the strategy. RECOMMENDATIONS staff recommends approval of the Comprehensive Housing Affordability Strategy and requests permission to submit the document to the U. S. Department of Housing and Urban Development. .'. U'I ~ CITY OF DELRA Y BEACH COMPREHENSIVE HOUSING AFFORDABILITY STRA TEGY c. .A.5. .. .- j "* Þ '" COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) (CITY OF DELRAY BEACH HOUSING ELEMENT) TABLE OF CONTENTS PAGE Transmittal Letter Summary of CRAS Development Process............................l Existing Strategy..................................... .3-36 Supplementary Material...........................APPENDIX B Crosswalk to Narrative Elements in Interim Rule 91.15(a). Needs Data.............................. 3 -15 91.15(b). Homeless Assistance Needs and Strategy....16 91.1s(c). Market Characteristics...................3-15 9l.15(d). Relevant Public Policies (School Board)....9 91.ls(e). Institutional Structure...............~5, 39 91.ls(f). Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 91.ls(g). J?]lall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-34 91.ls(h) . Intergovernmental Cooperation..........32-34 91.1s(i). Public Housing Stock......................16 91.15(j). Public Housing Homeownership..............16 91.15(n). Goals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-34 TABLES AND SUPPORTING DOCUMENT~TION...............APPENDIX Table IA (or equivalent).........................APPENDIX A Table IB (or equivalent).........................APPENDIX A Table IC (or equivalent).........................APPENDIX A Table 2A (or equivalent).........................APPENDIX A Table 2B (or equivalent).........................APPENDIX A Table 2C (or equivalent).........................APPENDIX A Table 3 (or equivalent).........................APPENDIX A Table 4/ SA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A Table SB......................................... APPENDIX A .. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) (CITY OF DELRAY BEACH HOUSING ELEMENT) TABLE OF CONTENTS PAGE 2 PAGE Other supporting Documentation....... ... ... ....APPENDIX B (Neighborhoods Task Team Final Report) Monitoring Plan [91.15(k)]........... ............ .39 Certifications [91.15(1) and (m)]..............., 41-42 Summary of Citizens Comments... .... .... .... ....APPENDIX C . .'. '" COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (C.H.A.S. ) CITY OF DELRAY BEACH OCTOBER 31, 1991 1- Summary of CRAS Development Process 2. Inventory (Market Characterictics, 91. 15a-c ) 3. Analysis (Needs Assessment, 91.15a-f, h,) 4. Needs & Recommendations (Neighborhoods Categorization) S. Goals, Objectives, and Policies (Plans, 91.1sg, n) I. SUMMARY OF CHAS DEVELOPMENT PROCESS The basic work involved in the preparation of this Strategy was accomplished through the Citizens Participation process developed for completing the Housing Element of the City's Comprehensive I Plan. This procedure began in August, 1989 and continued through adoption of the Plan by City Commission in November, 1989. Strategic Planning Group, Inc. (SPG) a planning firm located in Jacksonville, Florida provided the background information and conducted the various public meetings held with a citizens task team appointed by the Commission. The meetings were held on August 2, August 18, September I, September 14 and September 28, 1989. In addition to the Citizens Participation process described above, the City Commission appointed a Neighborhoods Task Team in July, 1990 to prioritize the programs identified in the Comprehensive Plan and match those programs to various neighborhoods of the City. The Task Team met from August 30, 1990 through January 31, 1991, assessing the programs of the Housing Element, prioritizing them and detailing when and where the City should allocate available resources. The Comprehensive Housing Affordability Strategy was developed directly from the Adopted Comprehensive Plan and from the final report of the Neighborhoods Task Team. To meet the full requirements of the Federal Interim Rule, supplementary information has been' included to assure compliance with the regulations. The Housing Element was adopted as part of the Comprehensive Plan on November 28, 1989 (ordinance 182-89). The Plan (a ten year plan) was Certified as in Compliance by the State of Florida in February, 1990. CROSSWALK The Community Profile (91.15a and c, Interim Rule) is contained in the Inventory and Analysis section of the Element. Section 1 ~I ,., '" H 0 U SIN G ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH 1. INVENTORY: (MARKET AND INVENTORY CONDITIONS 91. 15 a & c) The following summary is prepared to facilitate review with the requirements of Florida Administrative Rule 9J-s and the Federal requirements of the Cranston-Gonzalez Act. As a summary , only significant items are highlighted. The full SPG report should be referred to for more information. The SPG report contains several tables and accompanying narratives which provide the inventories required by 9J-5 and the federal interim rule. The sources of data include: I - the 1980 Census - Building Permit data from City records - Bureau of Economic and Business Research (BEBR) - Donnelly Marketing Information System - a 1987 Report, "The Need for Low and Moderate Income Housing, Delray Beach Area" (Wolff Economic Research) - Special Inventory of Haitian Households, SPG, 1988 - Windshield housing conditions inventory, SPG, 1988 The most significant features gleaned from the inventories include: * When comparing the 1980 Census data for the City with that of Palm Beach County there are no significant differences. This reflects that Delray Beach is a microcosm of this diverse County. This is not to say however, that it is not like other coamuni ties within the County which are very singular in their demographic composition and/or housing characteristics. * The percentages of owner-occupied, renter-occupied, and vacant units in the City and in the County are within three percentage points of one another. In 1980, 40\ of all the units in the City were rentals or vacant. However, 76\ of the occupied units were occupied by owners. The 21' vacancy rate reflected seasonal occupancy of owned units as opposed to unrented apartments or houses. 3 * 19\ of the housing stock has been constructed since the 1980 Census. Only 18% of the housing is more than thirty years old. * The 1980 Census showed "overcrowding" occurring in only 5% of occupied units. It's indicators also relate that from a structural and facilities perspective, less than 3% of the housing stock would be substandard. * The special inventories undertaken in 1988 estimate that 6.5% of the housing stock should be rated as fair and poor; which indicates a need for corrective measures. * The predominance of the fair and poor housing is located in the geographic area east of I-95, west of u.s. 1, south of Lake Ida Road, and north of Linton Boulevard. * In 1980, Homeowners of 62% of the households (500) with incomes less than $10, 000 per year allocated more than 25% of income to housing; this figure was 37% (509) for! incomes between $10 - $20,000; and 16% (4l0) for incomes greater than $20,000. * In 1980, 90% of Renters (1.473) with incomes less than $10,000 paid more than 25% of their income for housing; 47% (476) for renters with incomes between $10 - $20,000; and 18% (13s) with incomes greater than $20,000. * Housing Assistance is provided through the following: - HUD, Moderate Income Housing Rehabilitation Program ( Section 8 ) @ Lake Delray Apartments, 403 uni ts ; - Section 8 vouchers scattered within the City, 325; - Public Housing (Delray Housing Author i ty) , 200 units @ Carver Estates. Total = 928 assisted units. * Group and special housing accommodations are provided through the following: - A.C.L.F.s (Elderly) , five projects, 1,422 capacity; - Nursing Homes, four state-licensed, 310 bed capacity; - Residential Care for County Mental Health programs accOlllllOdate an approximate population of 86 individuals; - Abused spouse residences and rehabilitation -- facilities are located in scattered locations; - 15 licensed foster care homes with a capacity of accOlllllOdating 46 individuals. 4 '" * Three mobile home parks and a mobile home subdivision accommodate 338 such units. * There are approximately 260 sites of potential historic significance listed in the Florida Master Site File. Two sites are listed in the National Register of Historic Places. They are 8PBl83 (Delray Beach School, on North Swinton Avenue) and 8PB228 (Seaboard Airline Railroad Station, ls25 West Atlantic Avenue). Through local ordinances four Historic Districts exist and eight sites have been placed on the Local Historic Register. * Since the 1980 Census, approximately 4,500 housing units have been permitted, 57\ of which were for multiple family units. The average number of units permitted per year approximated 600 for the first half of this period and approximated 300 for the last half. * The special Haitian census in 1988 estimated this population to be 3,655 most of which iJlmigrated since 1980. The occupancy for this population is at 6.471 people per household which is approximately three times the City average. * In 1988, the City undertook and completed an Enclave Annexation program which resulted in an increase in municipal population of 3, 138 individuals. Most of this population (and housing stock) existed in 1980 and was counted in the 1980 Census as being in the County. 3. ANALYSIS: (NEEDS ASSESSMENT, 91.15a-f, h) The following material responds to the ten items specifically identified in Subsection (2) of 9J-5.010. The next section (needs and recommendations) builds upon this analysis and provides additional analysis and insights to the housing situation in Delray Beach. * The population wi thin the Planning Area ( future City limits) will increase by 10,000 by the year 2000. This also represents "build-out". Approximately 4,000 housing units are necessary to accommodate this population increase. The average occupancy rate accommodates the decreasing trend which has occurred since 1980 [2.37 (Census) to 2.29 (latest BEBR»); accommodates the special circumstance of the Haitian population; and accallDOdates a recent trend in the local housing market to a younger age group (as compared to the average age of 50 which has heretofore existed) . 5 * The housing needs of this new population will be market driven and primarily targeted to young and professional families. Special needs exist for acconmodating' existing populations which are in overcrowded housing or which are paying a disproportionate share of income to housing needs. The 1987 Study, "The Need for Low and Moderate Income Housing" projects a deficiency of approximately 803 units for low and moderate income households. There are no special needs for rural and farm workers in the City as the agricultural industry is located west of additional urbanization in . unincorporated areas. * The land area which is needed to acconmoda te the "build-out" population projection is 750 acres. This figure was "backed" into from identifying vacant land within the planning area; identifying approved or proposed developments; and allocating the unplanned land to densities consistent with adjacent development and the Future Land Use Map. This approach is used since the connunity is already at 87\ of build-out (based upon population). ! * The Ci ty eliminates approximately 17 substandard housing units per year. As units are removed consideration is given toward the relocation of inhabitants to other housing and toward the creation of replacement housing including the creation of new individual units or participation in joint private-public housing delivery programs. * Within current market conditions, the private sector can acconmodate 85\ of the housing need. The other 15\ is met by current or approved public/private ventures using UDAG and CDBG funding. Tables 8-1 and H-2 identify ongoing developments ( including partnership projects) and available land upon which development which meets the needs is or will be provided. These projects and potential development provide the following: - 1,370 single family detached units, homeownership ranging fram $50,000 to $200,000. - 2,394 multi-family units: 1,254 rental units with rents ranging fram $350 to $1,000 monthly and the balance, 1,140 to be homeownership units with the majority ranging from $50,000 to $200,000. 6 '" Figure H-l Major Residential and Vacant Parcels // ///; ~- tI i= .,. ... -, - ~-.-A' _ ... I . -..j "'1 DEL RAY .' ~ . ¡-- : BEACH h ~ ~11!IU:.'cJ ~ìE _: ,f.. .., ". "-:~-1~ JI~J~J; ~L rom <: . II r -: I ~ ~~ 1. l~J _1 --- ~ _ i/ I1.1lT1 · · , ~ ~ , . I I \,~Ii i~7'" -:.; .-... ~~. ,'. I m ~ ,.;: I ~ 1 tl .~d ~~ a;L.. ~ ~. J~:";,¡;.;> J /1; ~ .' II I _ ~ ~ æ~~ ~ . ~~/lr.4. " ~.d V ;r-;t ':.~ :::~ ~ ~ ~f : '?jiY r f -. r.~1:: ri ~. ~ .~ ~ /)' \"'/1 I ~;'" - :~ - ~ }¡ . "~_ì'" \' ''\I. ~~,- ¡'c. J:::o'.1 .. L""1- . '0,' J1 '1 : :P 10. . .t,¡. ......, "" '! ..!: . -"( ~~L~~:-'~ _ .;, ,' ,; .... ~_! I !C~1." .rrr~. ~I~l\ ~~...: !, ~ ~~.~ . . ......- I ................:~l..:. ¡:;.' ....II~'~· I . '., ,,~ . ,. . "I " . "~-1 ~ f, ~ "\, _ . ·7.F,::r. .I " "'!! -. J , .. · ì..... ... ,.i}Ï'~ - ---;¡ ·1' '~. j:,t,i" .." ..I';'¡ _~..:¡ _ --',\' I'" L L Co !. ~ ..or,.. ..',.... - ..... ~" . : - . .. .1- . - ~ ~ ;.tì ~t ~ .:-...Itü - _ { ; I~ l L ' l I 1\ ¡I J Ii J:': .:'11 --!' - f ii ~.!= ~ ..:.~. · ~'J'; __:1 ¡ I I J t,; h \: ~, t ~ - . ¡,:::' " . ~ _1_' ~ 1[;"" .. ·It ---.. ]¡ : ~ ...,. . ...... ,J. f . '[ ...; . t. r..' , - f{"-·" . ...,~~ V71 r .- / --. J . : _.~ ~ [¡,I-- I' :...B. ! i!:o!.... ~~\,~~ '.«." . I.." M - ~ - ~ ~ 1~/1)"i~.~ ! 1:5 ~j' :.:.I:_~ -- ...... IL ~~ ~ I~¡ ~~. ., - ra~ " I ~..J ~~ ,"\:J¡. i1 ~. ":' ....~... II~.... ~l . / -=- I 1'iIíf" \,.~ :. ~ ~ ~~ 11-1~ ~ i - - . ~ ~ -: " ..~ ~ .: y ~~ . ~ · I' 'H~I\f.4 .. _, .' ~ ~ .~ \,,'"". , I ,.,;1':''11_ .. /[ . ~ _~.. __ ... · 't:.-o-- . ~_ ..' II. , "Ok n=.- -) ~~.J..~' " " . lit:""" - - . '4 . . _:00 ~ .. = T~ - -. N f1" _~ J . . --... ~ ""', - ~ - 1--'-' T .J yo 'h i: ~-, J . -, _ : -' ~ . r~ lt L ,,¡1i·t ~~~ .~.{~ · :~"I/: .. ..' í":'f'4oI b,J" .... " . _ i... Þ¥;,;:,l.. ¡Br; t" "... ... r;:. 1J-- ·1 .:~. r "4r J~' -- ~_ J ..~, Jr~ r -=- ~ 1: ~ :... I · ~~; ~"""" ~:/" - -' "J ~~ _~j . ~ . I . ... ! ~. ~ ' ~,,~~.. ... ~ :::: ~ ~ . , ' ~ . --, "!' .. .. .. ~ ' I . ~.t :. _ ~ _ 1.- ; , " ~ . .: :;.~ '-r .-.: .. ",» - ~ , II:::.! . .. ~ _'~ 1-' .: .. "("¥1 'I' I .I.~,'...... -' ~ -- ~ .- ~ ":;1 1T ~.~ . - ~ . . r 0... u¿; .:-. t..~,., - , '''Ji.Ifl.i ,~1 üPPROVED 'Ï)}~vEILoP\1~lj ~~i IIllIIIJ V ACANT RESIDEl'lTI~L' ~ I~' ,.. :........jl ..... i.......; COUNTY JURISOICTIor~ The City of Delray Beach MAJOR RESIDENTIAL PARCELS ~ spa STRATEGIC PLANNING GROUP INC FIGURE H-1 ~ ~ ~ 7 ",1 - Table H-l ongoing Developments Single- Multi-Family Project Family Family Total L Sable Lakes 348. 114 462 2. Sherwood Forest 125 --- 125 3. Isles of Delray 100 48 l48 4. Groves of Delray --- Is6 Is6 s. Auburn Trace --- 256 256 6. Waterford Village --- 236 236 7. Housing Partnership 36 --- 33 Total Number of 609 810 l,416 I Units Planned: Source: Strategic Planning Group, Inc., 1988 - Table H-2 Available Land Potential Parcel Size Density Units Type A 143 ac+ 4 units/acre 532 Single-family detached (SFD) B 101 ac+ 4 units/acre 404 SFD/MF C 60 ac+ 12 units/acre 720 Multifamily eMF) D 30 ac+ 6 units/acre 180 MF E II ac+ 12 units/acre 132 MF F 8 ac+ 6 units/acre 48 MF G 20 ac+ 10 units/acre 200 MF H 25 ac+ 5 units/acre 125 SFD/MFmixed Total Potential Housing Units: 2,241 Source: Strategic Planning Group, Inc., 1988 - 8 '" - The balance of the need is met by infill and custom home development. These individual units range from $50,000 for CDBG and City assisted units to $1,000,000 for custom housing, especially those along the Atlantic Ocean. - The wide range of housing options fulfill the needs of a wide income range fram family incomes of $23,000 to more than $100,000 per year. * There are no significant problems with the private sector housing delivery process. The construction demand has been strong and there is an inventory of more than 1,400 approved units. Three major projects involving more than 500 units have broken ground in 1988. However, an obstacle that does exist is the policies of the Palm Beach County school District which have created de-facto segregation of schools east of 1-95. The impact of the School Board's agenda may adversely affect the marketability of housing in Delray Beach to younger and professional families. The subject, of schools and future growth is addressed in the Land Use Element's goals, objectives, and policies. * There are several efforts being undertaken to acconmodate low and moderate income housing needs. These include: - The County donation of land and the City contribution of $300,000 for infrastructure to the Palm Beach County Housing Partnership for the construction of 36 single family detached residences. - The City's obtaining of a $3,865,000 UDAG and Participation with the Auburn Trace Partnership in the provision of 256 multiple family units. - Allocation of approximately $250,000 per year through the C.D.B.G. program for housing rehabilitation and replacement activities. - Progranmed water, sewer, drainage, and street improvements which are directed to substandard situations. In general, these improvements affect areas in need for revitalization where concentrations of low and moderate income households are located. 9 ~"·I * A program for the elimination of substandard housing conditions and for the structural and aesthetic improvement of housing is the cornerstone of the Housing Task Team's goals, objectives, and policies. Please refer to Goal Areas "A" and "B" for the description of this program. * provision of adequate sites for housing low and moderate income families is acconnodated through the housing programs identified above, It is also acconunodated in the revitalization and rehabilitation strategies contained in Goal Area "B". A conclusive determination as to what degree the City is to continue to provide housing opportunities for low and modera.te income households is yet to be made. While figures gleaned from the 1980 Census could be construed to identify a definite need, a significant portion of the "need", as identified in the Census statistics, could be accounted for .by retirees who can allocate more than 25% of declared income to housing in! the absence of other demands (e.g. saving for retirement); it could also be accounted for by young singles living alone or together in a manner "beyond their means" because they are living the South Florida lifestyle for this period of their lives. There is no doubt or argument that there is a responsibility to seek out opportunities for providing homeownership to Delray residents who are entering the work force and raising families in the conmunity. The City does accommodate more than 900 households with direct housing assistance. Other households are assisted through the C.D.B.G. programs. current (1989) programs for two additional housing developments geared toward providing affordable housing (Auburn Trace 256 multiple family units; the Partnership development of 36 single family ownership units) demonstrate City and community efforts in that regard. By comparison with the efforts of most camauni ties in Palm Beach County, the City's efforts are laudatory. * Provision of sites for group and foster care facilities is already accOlBOdated through the City's zoning code. Fifteen licensed foster homes exist in the City. Special housing needs are also fulfilled (see the inventory section). The Ci ty' s zoning code allows group homes, A.C.L.F.s, nursing hames, continuing care facili ties, abused spouse residences, and residential care facilities in various residential zone districts. 10 11-' * Historically significant housing and neighborhoods are protected through a local "Historic Preservation Ordinance" which stays demolition for designated structures. The local Historic Preservation Board has an ongoing program for affixing designations. Within the four established historic districts, the Board must issue a Certificate of Appropriateness for changes in use, new construction, and exterior building modifications including the installation of fences. Current Historic Districts are shown on Figure H-2. 4. NEEDS AND RECOMMENDATIONS: In addition to addressing the basics of 9J-s, the Housing Task Team created a "Housing Decision Tree" (Figure H-3). They then applied it to the City and categorized residential areas as being either: - Stable: areas of no apparent indices of decline and which require no improvement I - Stabilization: areas which have the appearance of some code violations and which can be improved - Stabilization/Revitalization: areas which show some evidence of decline of structures, yards, and maintenance and which should be improved - Revitalization and Rehabilitation: areas which have significant code problems and are in a declining state which must be turned around and which can be turned around through a combination of private initiatives and public assistance. - Redevelopment: areas which either through a state of decline or the absence of owner occupied housing (i.e. absentee landlords) require direct public sector involvement in arresting decline. 11 .'. Figure H-2 Historic Districts anà Slces OCEAN RIDGE BOYNTON BEACH r'-'-' i~1 ~~IIII~I~'-' -. -. -.-.- .-. -.- -'. ~ . ~~W !.ME tOA AD . . ~\~\\~~ I\\~\\\\\\~¡\\\~:\\\II\\\I\\\\\\\\\\I I ~~III~I . 2 LOWSON ILYO ! lW'cnM IT LINTOM ILYO IIII~~ i î , . L ." .-.-. .-.-.-.-.-.-.-.-.-.-.-. . .-.-.-.- ., 1&1 HISTORIC DISTRICTS · . HISTORIC SITES BOCA ,... .., \\\111\ COUNTY JURI SO I CT ION HISTORIC The City of Delray Beach o .25 .50 .75 1 I I I I I MILES EXISTING LAND USE ~ spa STRATEGIC PlANNING GROUP INC FIGURE H-2 III ...... ~ 12 Figure H-) Housing Decision Tree ...... ®~ - ~ ~ - - .., ,-- £j<þ~ 'j . " ... ...... <J ~~ -r ->- rJ'J. ~ ~ rJ'J. ~~ W ~~ ~;Z ~ ;Z~ iE o r...' ~ ~ ~ ~ ...., en U~ ~ a: ~ ....., ~ ..J 7c ~ ;.:; U~E-< < -tt ~ O en 0 .., ~ - W ~ z~ u ., '" r~ _." _ Q~ c: ..,< :; ~ ., - ~ ~ E..c: ~..c: ~ ø~ en .2~ -- ,.; ~ tLJ Colli! ~ ~Q ~ >v ~ ~ ~~ ~ ~z tLJ -- ~ rJ'J. E-< ~õ £ .....c ~ A.. ~~ ~ ~ ~ O - _4 C .... r.. ~ ~ r"" U ::I > ~ "'"-I ." \) "t: ~'"7 r..r.. < ~ 0: ~ ~ ~ Z G o ~ N ~ ~ >- ~ 'J o 'J J - " v. ... 'J > .= ~ ~ 'j <J _ _ u ,. - 101"'. C = -= ~ '~2 ~ B 5 ~ ~ ~ c ;. ~ -c<=: .ùj~¿ 13 ~'H The relationship between these classifications, degree of public sector involvement, and the type of actions to be taken is shown in Figure H-4. Figure H-4 Measure of City Response Deer.. of Co¥unmulal T\'pe or Area In¥or¥~menl Acllon. Stable 0"'" S¡mc use only t 2"'" :~C]J s"," S¡mc use only 10"," 2S"," UpgndeJ RctbiJi!.1IiOG Incruse o( inlcnlil' ! 50... Mix 0( use. t l00r, Chance 0( UId Redevelcpmeot The results of the Task Team's categorization is shown on Figure H-5, "Residential Classification Map" . An action proqram for implementing assisting and corrective actions is laid out in Goal Areas "A" and "B" of this Element. The work of the Housing Task Team lays the cornerstone for the most significant of the programs and activities advocated by the City's Comprehensive Plan. In overview, the housing issues facing the City of Delray Beach are not in the accommodation of new growth but in the revitalization of it's older residential areas and in meeting the housing needs of existing residents who have ties to the community. 14 '" Figure H-5 Residential Nelghbo.::noca ca tegol-lza tlùr. OCEAN RIDGE OOYNTON OEACH ~ô~gö~~~o"'gð;-o -. 00000000°00000°00 goooooooooooooooo t M I ~ HIGHLAND BEACH BOCA HIGHLAND BEACH P' ..... ~ STABLE m STABILIZATION/REVITALIZATION II REDEVELOPMENT III STABILIZATION œ REVITALIZATION/REHABILITATION :ou,,: COUNTY . . I.... JURISDICTION The City o'f Delray Beach .t- o .25 .50 ,75 1 I I I I J .. MILES RESIDENTIAL NEIGHBORHOOD CA TEGORIZA TION .... ~ 1 ~ ." COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ~- SUPLEMENTARY NARRATIVE (Community Profile, cont. ) Housinq Needs Supportive Housing Needs of Homeless Persons The housing needs of the homeless is currently being met by scattered facilities within the city and neighboring municipalities. Representatives of these facilities report that they serve between 400-750 famililies per year, or approximitely 3,300 people. There is one abused spouse facility within the City of Delray Beach which serves approximately 160 families (350 people) per year. Efforts are underway to expand the capacity of the facility in order to accommodate 12 to 14 more people per night. The facility has a waiting list of approximately 220 people. One homeless family facility is located in a neighboring municipality and reports it serves approximately 600 families per year. This facility provides shelter to families and assists the family with "economic rehabilitation". At least one parent is required to work and save 75% of earnings towards an apartment while living in the facility. The Homeless No More Center, Inc. assists in feeding the homeless on a monthly basis. The Community Food Pantry Program (CFPP) sponsored by various local churches provides groceries for up to four days for needy families; brown bag lunches for certain homeless persons; and emergency financial resources for rent and utility needs. Reliable statistics on the homeless are unavailable, particularly racial mix. other special housing accommodations are discussed in the Inventory section of the Housing Element of the Comprehensive Plan. Public Housinq and Section 8 The Delray Beach Housing Authority (PHA) operates a total of 200 public housing units located in one development: Carver Estates. The development has no vacancies and maintains a waiting list of 118 applicants. Preference is given to those households meeting the federal definition of "worst case": those -- persons who are paying more than 50% of income for rent, those who are involuntarily displaced or those who currently live in 16 substandard housing. The PHA reports that all waiting list applicants meet federal preference, most of whom are single parents receiving Aid to Families with Dependent Children (AFDC) . The waiting list for public housing has decreased in recent years as residents move to Section 8 assistance or in a few cases ( 4 maybe 5) residents have become homeowners. . The waiting list for public housing is categorized as follows: Uni t Tvpe #On Waitinq List Preference One Bedroom 5 5 Two Bedroom 47 47 3 or More Bedrooms -2§. -2§. Total 118 118 The 93% of the waiting list for Section 8 Certificates and Vouchers are people who meet the federal definition of preference. Number and household type are as follows: Household Tvpe #On Waitinq list Preference One Bedroom 50 45 Two Bedroom 250 228 3 or more Bedrooms .l..QQ 1QQ Total 400 373 Five Year proiection The needs of the low/mod income households will not change significantly during the next five years. The City in recent years has been allocated approximately 25 Section 8 certificates/vouchers per year. If this rate remains constant throughout the five year period it is estimated that 30% of the waiting list will receive rental assistance by the end of the planning period. 17 ~"'I - '" 5 . GOALS , OBJECTIVES , AND POL I CIES : PLAN, GOALS 91. 15g , n The Housing Task Team (citizen's of the community) prepared the initial goals, objectives, and policies based upon the inventory and analysis work; the conclusions cited in the previous section; and their own feelings and research. Thus, the initial goals, objectives, and policies reached beyond just meeting the minimum requirement of the [Florida] Administrative Rule 9J-5. The work of the Task Team was reviewed and modified by the Planning and Zoning Board and City COlI'IDission prior to inclusion in. this document. Letters and numbers in parenthesis at the end of certain objectives and policies refer to subsection requirements of 9J-s.OIO(3). THE FOLLOWING OUTLINE IS INTENDED AS AN AIDE IN REVIEWING THE HOUSING MANAGEMENT ELEMENT. PLEASE REFER TO THE COMPLETE TEXT IN ORDER TO GAIN A PROPER UNDERSTANDING OF THE MATTER. GOAL AREA "A" PRESERVATION AND MAINTENANCE OF NEIGHBORHOODS .1 Objective A-I: Stable Residential Areas Policy A-l.1 Neighborhood Organization Policy A-I.2 Neighborhood Identification Policy A-l.3 Semiannual Meetings Policy A-I.4 Sacred Zoning Policy A-I.5 Neighborhood Organization Notification Objective A-2: Stabilization Areas Policy A-2.1 More Frequent Formal Contact Policy A-2.2 Priority in Code Enforcement Policy A-2.3 Priority in Capital Improvements Policy A-2.4 Sacred Zoning Objective A-3: Stabilization and Revitalization Areas Policy A-3.1 Greater Priority in Code Enforcement Policy A-3.2 Greater Priority in Capital Improvements Policy A-3.3 Neighborhood Plans Required Objective A-4: providinq infrastructure by 1995 Policy A-4.1 Water Main Availability Policy A-4.2 Sewer Main Availability Policy A-4.3 Storm Runoff Handled per a L.O.S. Policy A-4.4 Paved Street Frontage 18 Objective A~5: Department of Community Services Programs Policy A-S.I Rehabilitation Assistance Revolving Loan Fund Policy A-s.2 Bootstrap Rehabilitation Program Policy A-S.3 Enhancement of Housing Improvement and Code Enforcement Objective A-6: Planning and Zoning Policies Policy A-6.1 Street Widening Impacts Policy A-6.2 Group Homes and Housing for Special Groups Policy A-6.3 Reduction of Parking Spaces Prohibited and Manner of Providing On-Site Parking Policy A-6.4 Streets cape Beautification Policy A-6.S Conversion of CBD Space to Housing GOAL AREA "B" REHABILITATION AND REDEVELOPMENT , Objective B-I: Demolition, Rehabilitation Loan Program and I Code Enforcement Program Objective B-2: provision of Infrastructure Policy B-2.1 Sewer, Water, Streets, Drainage and Fire suppression Policy B-2.2 "Decade of Excellence" Bond Financing Policy B-2.3 Rehabilitation Strategy, Prepared and Administered by the Department of Community Services - land for parking - abatement of undesirable uses - housinq replacement program - reoccupation of substandard dwellings - grants and loans for bootstrap rehab - Infill redevelopment program Policy B-2.4 Interim (annual) Fundinq Policy B-2.S Schools in Redevelopment Areas Objective B-3: Redevelopment Areas Policy B-3.! Identify and Priority for Geographic Areas Policy B-3.2 Local Relocation Program/Policy Policy B-3.3 Moratorium on Public Fund Investment 19 Objective B-4: OUtreach Programs -- illegal conversions -- overcrowding -- cultural assimilation Policy B-4.1 City Commission OVersight Role Policy B-402 Greatest Effort of Code Enforcement GOAL AREA II CII MEETING HOUSING NEEDS Objective C-I: CDBG Community Improvement Services Program 'objective C-2: Variety of Housing Types Policy C-201 Single Family Detached in Sow. & NoW. Policy C-2.2 Mix of Types in Rehabilitation Areas Policy C-203 Medium and High Density in Rehabilitation Areas Policy C-2.4 Consistency with Adjacent Zoning Policy C-2.s Group Housing and Special Housing Objective C-3: Economic Range I Policy C-3.1 Affordable Housing thru Density Increases Policy C-3.2 Affordable Housing, Other Methods Policy C-3.3 Unacceptable Practices Objective C-4: Fair Share of Low and Moderate Income Housing Policy C-4.1 Regional Emphasis Policy C-4.2 Limitation on Locations Policy C-4.3 Private - Public Partnerships Policy C-4.4 Interim Program Policy C-4.S Assignment to Development Services Group Policy C-4.6 CDBG Allocations and Section 8 Voucher Increases Objective C-S: Displacement Policy C-S.l Counseling POlicy C-s.2 Relocation Policy (local) Objective C-6: Historic Preservation Objective C-7: Development services Group Activities Policy C-7.1 'Revision of Land Use Regulations Policy C-7.2 (Deleted by Amendment gO-I) Poliçy C-7.3 Concurrency Policy C-7.4 Programs for Physical Enhancements 20 .. GOAL AREA "A" THE PROVISION OF SAFE AND ADEQUATE HOUSING FOR THE CITY'S RESIDENTS THROUGH PROGRAMS DIRECTED TO PRESERVATION & MAINTENANCE OF STABLE NEIGHBORHOODS AND STABILIZATION AND REVITALIZATION OF DECLINING NEIGHBORHOODS. Objective A-I: For those areas identified as "stable" on the Residential Neighborhood Categorization Map, the City shall establish a program of information exchange. The purpose of this program is to provide a mechanism through which these areas are kept aware of the overall condition of the City, potential threats to the neighborhoods, and of programs of aid, assistance, and education which are available to them. The program shall be established under the auspices of the of Development Services Group and shall be fully implemented by July, 1990. It shall be based upon the following policies: Policy A-I.I: That each portion of the City identified as' being "stable" be included within a neighborhood organization and that there be an official representative for the organization. Policy A-I.2: That the identification of each "neighborhood" and official representative be prominently displayed at City Hall. Policy A-l.3: That the City host an informational meeting at least semiannually to which all official representatives are invited. Said meeting to be for the purpose of disseminating knowledge as stated in this objective. The "Housing Decision Tree", developed by the Housing Element Task Team, shall be explained and continually referred to in the ongoing assessment of neighborhood matters. Policy A-l.4: That these neighborhoods be identified as "stable residential" on the Housing Map, that the most restrictive residential zoning district which is applicable is affixed on the zoning map, and that requests for rezoning to a different zone designation, other than Coamunity Facilities be denied. Policy A-l.5: That each neighborhood organization shall be apprised of all land use matters which impact their territory and which require review by the Local Planning Agency. 21 '" . Objective A-2: For those areas identified as needing "stabilization" on the Residential Neighborhood Categorization Map, the City shall initiate efforts to create a neighborhood organization (if one does not exist). The purpose and implementation of this objective is the same as for Objective A-I. In addition to the program for Objective A-I, the following policies shall apply. Policy A-2.1: The Director of COI1IIIWlity Improvement Services shall assure that official representatives are contacted, at least on a quarterly basis, to discuss the state of affairs in their neighborhood area. Policy A-2.2: These areas shall have some priority in terms of targeting of code enforcement and law enforcement operations. Policy A-2. 3: These areas shall have some priority in the scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. , Policy A-2.4: That these neighborhoods be identified as "stable residential" on the Housing Map, that the most restrictive residential zoning district which is applicable is affixed on the zoning map, and that requests for rezoning to a different zone designation, other than COIIIIIWlity Facilities be denied. Objective A-3: For those areas identified as needing "stabilization and revitalization" on the Residential Neighborhood Categorization Map, the City shall initiate efforts to create a neighborhood organization (if one does not exist). The purpose and implementation of this objective is the same as for Objective A-2. In addition to the program for Objective A-2, the following policies shall apply. Policy A-3.1: These areas shall have greater priority in terms of targeting of code enforcement and law- enforcement operations. Policy A-3.2: These areas shall have greater priority in the scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. 22 ~, II Policy A-3.3: These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements, e.g. street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation of sewer facilities, installation or upgrading of water facilities, all of which may be provided through City funding and/or assessment districts. The plan shall also address appropriateness of rezonings, abatement of uses, and targeting of code enforcement programs. The Plan shall also address the "opening" of alleys in order to acconunodate parking and facilitate trash pickup. The plan shall utilize the "Housing Decision Tree", as devised by the Housing Element Task Team, on a parcel by ·PiJrcel basis. Conmencing in FY 90/91, the City shall provide a division within the Development Services Group which shall produce at least one such neighborhood plan per year. Objective A-4: , For all geographic locations identified under this goa1J area, the provision of the City's infrastructure shall be made available by 2000 and shall be provided to all existing residences, if so desired, pursuant to the fallowing levels of service. Policy A-4.1: All residences shall have access to a water main without having to construct or pay for the extension of a water main. Policy A-4. 2: All residences shall have access to a sewer main without having to construct or pay for the installation or extension of a sewer main or a lift station. Policy A-4.3: All residences shall have storm runoff acconmodated. in the level of service as stated in Policy E-1.4 as contained within the Public Facilities Element. Policy A-4.4: All residences shall have direct access from a paved. street which has a travelway of not less than eighteen feet and which has a smooth surface. Objective A-S: To assist existing residents of the City in maintaining and enhancing their neighborhood environment, the City - through its Department of Conmuni ty Improvement Services, shall continue, enhance, or create programs to address each of the following policy directives. 23 '" Policy A-5.l: Exploration of a rehabilitation assistance program for owner occupied dwellings through the provision of low interest loans. The interest rate shall be tied to the owners ability to pay. Implementation shall consider establishment of a revolving loan fund. The criteria associated with this program and sources of funding shall be considered during the spring of 1991 Plan review. Policy A-s.2: Establishment of a "bootstrap" rehabilitation program for all dwellings from single family detached residences to multiple-family complexes. It shall address all matters ranging from building code items, landscaping, appearance, to parking. It shall not apply to items of life and safety. This program shall provide for the phasing of improvements, which are necessary to meet applicable codes, over a period of time. The schedule by which improvements are to be made shall be based upon the property owner's ability to pay and upon the need to enhance the quality and character of the neighborhood. This program shall be instituted in FY 90/91, if not sooner. Policy A- 5 . 3 : Programs and procedures for enhancement of Housing Improvement and Code Enforcement shall be instituted I in FY 90/91, if not sooner. These items shall include the eight points of the City Attorney's memorandum of September 30, 1988 (memo is in the Element). Objective A-6: To assist existing residents of the City in maintaining and enhancing their neighborhood environment, the City - through its Department of Planning and Zoning - shall inmediately apply the following policies in its review and reconmendations to the Local Planning Agency in its consideration of improvements and programs. Policy A-6.1: The effect which any street widening may have upon the character and cohesiveness of an existing neighborhood. And where it is determined that such widening will be detrimental and will result in degrading the neighborhood, the proj ect shall not be permitted. Policy A-6. 2: That whenever application is made for group homes and housing for special groups, the request shall be evaluated against the impact which will be made upon the stability of the neighborhood. Further, an assessment shall be made of the proximi. ty of similar uses, their impact, and how the number of facilities relate to the need by Delray Beach residents for the facility. The results of such an assessment shall be considered by the Local Planning Agency and the City Commission in their actions through the conditional use permitting process. 24 11"'1 Policy A-6. 3 : Reduction in the number of parking spaces required and provided for residential uses shall not be granted. Further, parking regulations shall be modified, as a part of the regulations updating which will follow adoption of the Plan, to insure that "required" parking be accommodated on the development site without cluttering or distracting from the appearance of the required front yard. Policy A-6. 4: There shall be strict adherence to streetscape landscaping requirements. Street plantings shall be consistent and compatible within a neighborhood; thus reinforcing a neighborhood theme and character. See C-7.4 for a related policy~ Policy A-6.S: The conversion of underused space and development of I)ew floor area for residential purposes, within the C~ntral Business District (CBD), shall be encouraged and accommodated through special code provisions such as reduction of parking requirements, allowances for increases in building height, and modification of building code requirements (i.e. development' to a safe standard in lieu of full compliance or the concep~ of "boot strapping"). GOAL AREA "B" ARRESTING DETERIORATION OF CERTAIN NEIGHBORHOODS THROUGH REDEVELOPMENT STRATEGIES. Objective B-I: The City shall demolish non-occupied. housing units which cannot be effectively rehabilitated within these rehabilitation and development areas at the rate of not less than four uni ts per year and shall continue its rehabilitation loan program which shall result in the upgrading of housing to meet standard housing conditions at the rate of at least five units per year. In addition, the City shall continue its Code Enforcement programs and otherwise provide for the enhancement of housing through other objectives established for this Goal Area. (b2) 25 Objective B-2: For those areas identified as "rehabilitation areas" on the Residential Neighborhood Categorization Map, the City - through its Development Services Group - shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed toward the stabilization and revitalization of those designated areas. This objective shall be accomplished through the following policies. Policy B-2.1: There shall be a concentrated program of upgrading the infrastructure which serve these neighborhoods in order to reach the following levels of service by 1995: - that all housing units have direct access to a sewer main and are connected to central sewer; - that these areas are all served by a water system consisting of four inch or greater main size so that adequate flow and pressure are available for complete fire suppression coverage; - that all housing units have direct access to and are connected to a water main; - that all streets are paved to a travelway width of at least eighteen feet and all adjacent right-of-way area is properly developed to accommodate drainage, parking or landscaping, and pedestrian movements; - all major storm drainage facilities, identified per Public Facilities Policy E-1.1, and located within these rehabilitation areas shall be installed by the year 2000. Policy B-2.2: The concentrated program of upgrading the infrastructure shall be financed in part by a "Decade of Excellence" Bond Issue, in part from the capital program of the water and sewer utilities, and in part from the ongoing street resurfacing and improvement program. See the Capital Improvement Element for more specific implementation activities. 26 .. Policv B-2. 3: In addition to those programs identified in Objectives A-5 & A-6, the Development services Group shall devise programs and activities to be undertaken within rehabilitation areas. The programs and activities shall address the following and shall be compiled in a formal "Rehabilitation strategy" which shall be made a part of the comprehensive Plan through a formal amendment adopted in calendar year 1990. a) Consideration of the use of unimproved alleys for access to parking areas for excess vehicles (e.g. recreational vehicles, trucks, extra cars, etc. ) where there is a preponderance of such vehicles and their existence degrade a neighborhood. b) A program for the abatement of uses which are deeJlled undesirable within the neighborhood. Such determinations shall be made by using the "Housing Decision Tree". c) The establishment of a housing replacement program for families of low/moderate income who presently reside in substandard housing in the City. Such a program shall provide first priority to current home owners and second priority to renters. d) A program, similar to the doctrine of nonconforming uses, which provides that when a substandard dwelling unit is vacated that it shall not be reoccupied until it is brought up to requirements of the Uniform Housing Code. Such a program shall be implemented through reoccupation activities as administered by the city Utilities Department, Florida Power & Light and other utilities. e) Additional funding for grants to low income families and loans to moderate income families for purposes of participating in the "bootstrap rehabilitation" prograa of Policy A-5.2. f) Creation of an "Infill Redevelopment Program" which shall provide for: -- mixed residential housing types (single family conventional, zero lot-line, multiple-family housing) within areas designated as "rehabilitation" on the categorization map ----- -- acquisition of land by the City for the purpose of providing either a mixed housing type project or a single family subdivision project through - cooperative efforts with the private sector. Such programs shall provide for establishment of a 27 homeowners association, responsibility for maintaining common elements, and assistance in management of the association ----- -- financing for private (individual) construction of single family housing units on individual lots. Policv B-2.4: Until such time as the Comprehensive Plan is amended to include the "Rehabilitation strategy", funding shall be set aside in the General Fund for its implementation, at $300,000 per year commencing in FY 90/91. Once revenue is realized from the Auburn Trace Development (UDAG) , it shall be directed to these programs. policv B-2.5: The future of the three active public schools (Spady, Pine Grove, Carver) which are located in "rehabilitation areas" are vital to the future of the associated neighborhoods. The Palm Beach County School District must provide investment in physical improvements and staffing and curriculum in order to have these facilities be assets to the neighborhoods. To these ends the Land Use Element shall designate these sites as being restricted only for public purposes, and the Intergovernmental Coordination Element shall establish a specific program of interaction with the School District on this matter. 28 ." Objective B-3: For those areas identified as "redevelopment" on the Residential Neighborhood Categorization Map, the City, through its Development Services Group, shall establish a specific new use and general development strategy to accomplish redevelopment. The general redevelopment strategy for each area shall be prepared and adopted as a formal amendment to the Land Use Element prior to embarking upon any specific redevelopment activity. This objective shall be further implemented by the followinq policies. Policy B-3.1: The priority for the preparation of redevelopment strategies shall be as follows: 1. Atlantic Avenue from 1-95 to Swinton; 2. the area south of the CBD, north of S.W. 10th and bounded by the F.E.C. railway and Federal Highway; 3. Carver Estates. 4. the area west of former Germantown Road; 5. the Federal Highway/LaMat/Lindell area; 6. Silver Terrace and adjacent mobile home park; 7. the Linton/S.W. 4th Avenue area; and 8. the east portion of the original Woods of Southridge subdivision; At least two redevelopment strategies shall be developed during each fiscal year including FY 90/91. Changes in priority can occur without an amendment to the Plan if there is interest in a redevelopment area by the private sector or .in order to tie such housing redevelopment to a redevelopment area plan pursuant to the Land Use Element. Policy B-3.2: Although displacement of residents is undesirable in general, displacement may occur in advance or in implementation of a redevelopment program. To ease the burden of displacement the City's adopted relocation program shall be applicable, and those elements of Policies B-2.3 which are in place shall be made available to residents of areas which are to be redeveloped. See related Policy, C-5.2. Policy B-3. 3: Until such time as a general redevelopment strategy is in place for a specific geographic area, no public funds shall be expended for infrastructure improvements unless they are necessary to alleviate immediate threats to health and safety. Upon completion of a specific redevelopment strategy, public funds shall be spent only to the extent as to not be inappropriate relative to the strategy. - 29 '" Objective B-4: In areas which are in deterioration, the City, through appropriate departments, shall target outreach programs which address the following matters: - illegal conversions of dwellings to accommodate more families or dwelling units than permitted by code; - overcrowding of dwelling units; - assimilation of immigrants into the cultural norms of the existing community. Policy B-4.1: These matters are of such importance to the community that they shall be under the direct observation of the City Commission, and quarterly reports of p~ogress and activity in these matters shall be made at Commission meetings. Policy B-4. 2: Code Enforcement efforts regarding illegal conversions and overcrowding shall be at the greatest effort I possible. There shall be no cutback in manpower until it is determined that these items no longer present threats to the stability of neighborhoods or the image of the City. GOALS AREA "C" THE HOUSING NEEDS OF CURRENT AND FUTURE RESIDENTS OF THE CITY AND THE REGION, INCLUDING THE NEED OF BELONGING TO A COMMUNITY WHICH HAS IDENTITY AND PRIDE, SHALL BE MET THROUGH REHABILITATION, REDEVELOPMENT, AND THE DEVELOPMENT OF VACANT LAND. Objective C-I: The City shall continue it t S ongoing CDBG and Coamuni ty Improvement Services programs which provide for adequate and affordable housing for· the existing population and anticipated ~pulation growth and shall enhance these programs through the pur sui t of programs, acti vi ties, and policies described in Objectives C-3 and C-4 which follow. (bl) Objective C-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accOlll'DOdate the diverse makeup of the City's demographic profile. Policies which will assure this objective include: 30 ~I"t Policy C-2.1: Vacant land areas in the northwest and southwest portions of the City's Planning Area shall be designated for single family detached housing or low density planned unit residential development and shall remain as such. Policy C-2.2: Rehabilitation areas shall provide for a mix of housing types. See Policy B-2.3f. Policy C-2.3: Redevelopment areas shall provide for medium and high density residential concentrations including residential construction techniques (manufactured homes) which result in lesser construction costs. Policy c- 2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective :iJmaediately. I Policy C-2.S: Group housing and housing for special groups' shall be permitted as a conditional use in any of the City's residential zoning districts. Also see Policy A-6.2. Objective C-3: Redevelopment and the development of new land shall result in the provision of housing which meets a wide range of economic abilities. policies which will assure this objective include: Policy C-3.1: Affordable housing for moderate and middle income families, particularly first time home buyers, shall be achieved through increases in densi ty( rezoning) when it can be demonstrated that the increase will result in a more affordable product provided that other policies of this element are maintained. This policy shall be a consideration when rezoning requests are before the Local Planning Agency and shall be effective iDaecUately. Further, it shall be codified as a part of the land use regulation modifications required upon adoption of the Plan. Policy C-3.2: Affordable housing shall also be achieved by the accommodation of various housing types per Policies C-4 and C-S and public assistance programs pursuant to Objective A-3. 31 '" Policy C-3.3: The following practices shall not be followed as means to provide affordable housing in new development due to adverse consequences for the meeting of other housing needs: - subsidizing of land costs, or actions which allow for an increase in total land cost, by reducing per unit land cost except as provided for in redevelopment policies of Objective A-3; - reduction of infrastructure requirements and costs for new development, except as provided for in Objective A-3, in that public resources are first to be directed to areas of immediate need and high priority such as stabilization, revitalization, and redevelopment; or - reduction of development standards such as provision of sidewalks, provision of activity areas, provision of adequate parking areas and similar items which are lacking in other areas of the conmunity which are now in various degrees of I deterioration. . Objective C-4: That the City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized proj ects which are directed toward meeting housing needs. The role of the City in meeting this objective shall be determined by the following policies: J?olicy C-4.1: Working with the Treasure Coast Regional Planning Council, the City shall determine its ranking among cities of the region with regard to the provision of low and moderate income housing. Determinations shall be made in terms of absolute ranking and as a percentage of housing supply. Policy C-4.2: If it is determined. that the City should provide additional low to moderate income units through additional housing projects, target areas shall be identified. and reflected. on the Land Use Map through a formal Plan amendment. However, such locations shall not occur within areas currently designated. as "rehabilitation" or "stabilization and revitalization" areas. 32 ." Policy C-4.3: The City shall seek private/public partnerships such as it has done with the "Housing Partnership" to meet regional needs for low - moderate income housing and shall actively pursue State and Federal grants which may be available for such purposes. These funding alternatives shall be addressed in the Plan amendment required by Policy C-4.2. Policy C-4.4: Until such time as the Plan amendment of Policy C-3.2 is adopted, the City shall not engage or entertain programs for additional low - moderate income housing, especially within "rehabilitation" and "stabilization and revitalization" areaS except as provided for under Goal Areas "A" and"B". POlicy C-4.s: This objective shall be assigned to the Development Services Group and shall be carried out pursuant to a collaborating objective in the Intergovernmental Coordination Element. (See Objective C-3 of this element) Policy C-4.6: The City shall, through its Housing I Authority, pursue increases to its allotments of Section 8, vouchers and shall continue to seek increases to its annual CDBG allocations. Objective C-5:: Displacement of individuals frail their current living situation is generally undesirable; however, at times it is necessary to displace individuals because of iDmediate dangers to health and safety or to accommodate redevelopment efforts. Displacement shall be accommodated in a sensitive manner and shall be guided by the following. Policy C-s.1: All situations involving displacement, except those initiated by and fully accallDOdated by landlords, shall be brought to the attention of the Department of Conmuni ty Improvement Services. The Department shall make personal contact wi th the individuals being displaced and shall document whether or not public assistance is required or desired or appropriate. Policy C-S.2: Displacement involving owner occupied dwellings shall be . acc~ted through relocation which shall be assisted pursuant to City Commission policy adopted in August, 1987 (copy attached). 33 --~_. '" Objective C-6: The conservation and rehabilitation of historically significant structures shall be guided by the City's adopted Historic Preservation Ordinance. Please refer to this existing ordinance for a complete program of objectives, policies, guidelines, criteria, and implementation. Objective C-7: The Development Services Group in its role of providing guidance and assistance to the development community and in furthering the objectives of this Goal Area shall provide a leadership role in addressing deficiencies in the development climate. The Department shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. To these ends and that of providing a top rate climate which will attract quality developers, it shall: Policy C-7.1: Upon adoption of the Comprehensive Plan undertake a complete revision of all regulations dealing I with land use and development. This task shall be accommodated within one year of adoption of the Plan. Policy C-7. 2: (Deleted by Amendment 90-1) Policy C-7. 3: Monitor the status of infrastructure needs and activities to insure that facilities continue to be provided in accordance with the Capital Improvements Element and in a timely manner and publicize such items so that the development community is aware of the suitability and availability of new infrastructure. Example: separation of events dealing with temporary water shortages and long-term water needs. Policy C-7.4: Continually influence the formation and implementation of programs which enhance the physical development and attractiveness of the community such as fulfillment of the 1986 Roadway Beautification Program and the expansion of that concept to other portions of the community. 34 ~I"I OPTIONAL RELOCATION POLICY FOR CITY INITIATED ACQUISITIONS owner-occupants or tenants displaced as a result of the Ci ty of Delray Beach's actions to acquire their property should be provided with relocation assistance as specified below: L All affected residents will receive a timely written notice of the City's intent to acquire their property. 2. Affected occupants shall be provided with a fixed payment for moving expenses in the amount of $500.00 per household. 3. The City will establish just compensation for owner occupied residential property prior to negotiating with the property owner. The amounts offered to the owner as just compensation shall not be less than the approved fair market value of the property as I determined thru appraisals. Standard City negotiating I policies will be followed for other properties. 4. Property owners shall be given a reasonable opportunity to consider the City's offer and will be allowed to suggest modifications to the proposed purchase if necessary. Property owners will be responsible for providing written documentation relevant to proposed modifications. 5. The actual purchase price for the property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement have failed and the City Attorney approves such payment as reasonable, prudent and in the public's best interest. 6. Should the City fail to reach a reasonable agreement for a purchase price with the property owner, the City may exercise its right of condemnation under the power of eminent dcmain. The affected property owner will be notified in a timely manner of the same. 7. The City may permit a former owner or tenant to occupy the property after acquisition for a period of time. The rent charged should not exceed. the fair market rent for such occupancy. The fair market rent should comply with rents specified under federal regulations that are used in the Section 8 Rent Subsidy Programs. 35 1990 Fair Market Rent o Bedroom (Efficiency)............ $376.00 1 Bedroom......................... $449.00 2 BedrOOlDs........................ $523.00 3 Bedrooms........................ $640.00 4 Bedrooms........................ $705.00 8. The City shall provide a fixed lump sùm payment of $l,sOO.OO to provide relocation assistance to a tenant occupying the property at the time of the City's written notice to vacate the property. 9. The City shall initiate a memorandum of understanding with the Delray Beach Housing Authority to provide priority assistance to eligible displaced persons under the Section 8 Rent Subsidy Program and Public Housing Occupancy. 10. The City shall provide advisory service to help " displaced persons find suitable, decent, safe and standard dwellings. 36 .'. .. ,,, SUPPLEMENTARY NARRATIVE Section III One-year Plan Annual Goals The City of Delray Beach has identified specific actions which it will take to meet its goals, as well as the provisions it will make to assure that a majority of the rehabilitation carried out will assist lower income households. The City proposes to take the following actions: 1) Continue the rehabilitation efforts of owner-occupied units under the established program. Approximately 41 families have been placed on a waiting list for participation in this program. Rehabilitation grants are made available to lower income households, residing in the CDBG Target Area to correct code violations. Participant's ownership, income and assets are documented to ensure eligibility under program guidelines. Under the city's program, 100% of the rehabilitation activities carried out assist lower income households. Approximately 13 units will be brought up to standard condition. 2) In an expansion of the owner-occupied housing rehab effort, the Cormnunity Development staff will provide for the emergency repair of approximately 10 housing units, i.e. repair leaking roofs, faulty electrical systems and plwnbing. 3) Continue to provide for the upgrading of approximately 14 substandard rental units through the Rental Rehabilitation program. The Community Development Division has applied for one hundred thousand dollars in Rental Rehabilitation Program funds. 4) Demolish 3 unsafe vacant structures eliminating slum and blighted conditions. 5) The Community Development staff will continue to work closely with the Delray Beach Housing Authority and its Board of Commissioners to provide technical assistance and encourage application submission for at least 50 Section 8 existing certificates and vouchers. 6) Through the locally funded Bootstrap program the City will address home improvement activities for 20 homeowners whose income is 51-80% of the area median. 7) In an effort to assist in the provision of homeownership for low and moderate income families, the Community Development staff will continue its support of the Allamanda Gardens single family development via technical assistance to the Housing Partnership. 37 -_I'~ 8) Through local general revenue, Federal HOME and HOPE 3 funds (the city plans to apply for these funds through the state of Florida) the city will begin it's In-fill housing program by acquisition of at least 2 lots to be developed for first time homeowners with children. 9) The city will provide for the expansion of the abused spouse emergency shelter facility (Aid to Victims of Domestic Assault) allowing for 14 additional beds. RESOURCES A. Local Funds 1. In order to carry out the plans/strategy identified herein, the city Commission has committed an annual allocation of at least $140,000 per year. Additional funding will be available from the Auburn Trace Development (UDAG loan repayment) beginning in 1995. These funds will serve as federally required matching funds for the HOME program. 2. Various banks in the area have made commitments to the city's affordable housing efforts. First Union National Bank has committed One million ($1,000,000.00) toward this initiative. Banyan Bank of Boca Raton has committed $100,000. The Consortium for Affordable Home Financing (an organization of six banks - Bank of Boston Florida, Chemical Bank and Trus t , First Union National Bank, Midlantic National Bank, Southeast Bank and SunBank/South Florida) has committed mortgage funding for the City's in-fill housing program. 3. The Community Redevelopment Agency through Tax Increment Financing will be requested to assist with matching fund requirements of the Cranston-Gonzalez Affordable Housing Act. 4. A committment from LISC, (Local Initiatives Support Corporation) is included in the Appendix section of the CHAS which addresses the availability of funds for start-up capital for Community Development Corporations within Palm Beach county. B. Federal Funds 1. As a Community Development Block Grant Entitlement Community, the City's emphasis has always been for providing decent affordable housing for its low and moderate income residents. To this end the City has - committed and will continue to commit over half of its Entitlement funds to housing efforts. The City's 38 ,,, 1991-92 CDBG allocation is $483,000. Fifty-six percent of those funds ($260,000) have been allocated to housing rehabilitation activities. Twenty-eight thousand dollars ($28,000) have been allocated to provide support services for a spouse abuse facility. 2. Once the state of Florida Depart.ent of Community Affairs develops its program for distribution of Cranston-Gonzalez Act funds (HOPE and HOME funds) the City will apply for those funds in order to carry out the activities described in the CHAS. 3. The City has applied for participation in the last year of funding for the Rental Rehabilitation Program. One hundred thousand dollars ($100,000) was applied for. 4. The Delray Beach Housing Authority recently applied for fifty section 8 Certificates and Vouchers for FY91-92. 5. The PHA has applied for $2.5 million in Comprehensive Improvement Assistance Program funds (CIAP) for FY91-92. Implementation ACTION PLAN A. Monitoring The existing monitoring plan for the Community Development Block Grant Program and Rental Rehabilitation Program will be used to monitor the progress of this plan. Additionally, a Neighborhood Housing Specialist was hired during FY 90-91 to develop program descriptions and begin implementation of programs identified in this strategy. The Neighborhoods Task Team, appointed by the Commission in July, 1991 will continue to meet quarterly to review the status of various programs. B. Consistency With Five-Year Strategy The goals outlined in the one-year plan are consistent with the City's Comprehensive Plan and the Five-year plan outlined in Section II of this Strategy. The Neighborhoods Task Team has prioritized the programs of the plan and their Final Report is included in the appendix of this Strategy as supplementary information. The geographical areas of priority for programs were outlined by the Task Team and is included in that report as well. C. Governmental Entities/Non-profits In addition to the Community Development Staff of the City of Delray Beach, The Delray Beach Housing Authority and the 39 ." Neighborhoods Task Team who will satisfy regulation requirements for Citizens participation, the city has developed dialogue with LIse (Local Initiatives support corporation) who will assist u.s in developing a local Community Development Corporation within the City in order to carry out some of the requirements of the Cranston-Gonzalez Act. Participation by other non-profits with "track records", 1. e. the Housing Partnership, etc. is welcomed and encouraged. D. Time Required For Resources Residents of the various neighborhoods outlined in this strategy will begin to benefit immediately from the program activities. The Bootstrap program began during FY91-90. HOPE and HOME funds will be utilized as soon as they become available to the city. These funds will be primarily used for the city's In-fill Housing Program. The local funding is available upon identification of specific programs. At the end of the five year period the overall benefit to the City will be the elimination of blighted conditions and the stabilization, revitalization and redevelopment of all neighborhoods of the City. 40 - 11-' CERTIFICATION The city of De1ray Beach hereby certifies that it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970, as amended, implementing regulations at 49 CFR 24, and the requirements governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974. DAVID HARDEN City Manager Witness: Witness: 41 .'. '" COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY CERTIFICATION The city of Delray Beach hereby certifies that it will affirmatively further fair housing. DAVID HARDEN City Manager Witness: Witness: 42 ." 'II' APPENDIX A TABLES AND SUPPORTING DOCUMENTATION...............APPENDIX Table lA (or equivalent).........................APPENDIX A Table IB (or equivalent).........................APPENDIX A Table lC (or equivalent).........................APPENDIX A Table 2A (or equivalent).........................APPENDIX A Table 2B (or equivalent).........................APPENDIX A Table 2C (or equivalent).........................APPENDIX A Table 3 (or equivalent).........................APPENDIX A "rable 4 / SA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A Table 5B......................................... 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C 0 3 ~ (/I Q.3~ CD m Iti en- a CD .! ... J :r c 0 êi3 ~ s: ~ I en p l -< 1 8. ~r; x3: ë' (/I ... ~ CD i ~Q'5! ~ i'~~~ 0 93i' g, i o _ ~e:2!1! ~ ¡¡¡ l!- f ~ß. ~ Ììì ( ~::T i> :J Q. .a õ· It c c = (j) !n ~!£~ a 9::T c ~ & 91 ~ ( ( i c i c ( I i' ~ i !'! íi' ~ ~ ~ ~ ç: ;S:go ~ C N m g ~ ~!£f¡: U .:!I::T ~ Q. 3 Iti ... en :J 3 ~ g, ~~ i f N- G5~~ ~o Ii -. ~I ~. ~ õ' Cñ{ ~ ~ 3 ¡ ~ ~ ~ ~Qi' c i ~ - ¡j 1 r ~I 2~ at â) CD ~ ~!l a ~ =¡ i ~ ~ ~ CD ¡j ~hl '" CHAS Tables 18 & 1C u.s. Department of Housing and Urban Development Office of Community Planning and Development Homeless Po ulation Comprehensive Housing Affordability Strategy (CHAS) Name of Jurisdiction(s) or Consortium: Mark one: Five Year Period: (enter fiscaJ yrs.) B All Homeless FY: through FY: City of Delray Beach Racial/Ethnic Group (Specify) 1991 1995 Table 18 Category Total Sheltered Unsheltered Totals (A) (B) (C) 1. Number of Families with Children 2. Number of Persons in Families with Children 3. Number of Individuals not in Families with Children 4. Total Persons/Individuals Lines 2+3 Table 1 C Number of Families with Children * Number of Individuals Special Needs Category Sheltered Unsheltered Sheltered Unsheltered A B C D 1. Mental III 2. Dru Abuse 3. Alcohol Abuse 4. Victims of Domestic Violence 5. Runawa /Abandoned Youth 6. Other s c * Include families with head of household or spouse having the characteristics listed Statistics unavailable, see narrative. Form HUD-40090 (6/14191) ¡ '~ 'III CHAS Table 2A u.s. Department of Housing and Urban Development Office of Community Planning and Development Population and Minority Data Comprehensive Housing Affordability Strategy (CHAS) Name of the Jurisdiction(s) or Consortium: Five Year Period: (enter fiscal yrs.) FY: through FY: City of Delray Beach 1991 1995 1980 Census Data 1990 Census Data Catagory or Current Estimate (A) (B) 1. Total Population 34325 47181 2. White (Non-Hispanic) 24904 32289 3. Black (Non-Hispanic) 2122 11646 4. Hispanic (All Races) 1158 286 5. Native American 26 51 6. Asian and Pacific Islanders 65 302 7. Group Quarters 173 335 8. Institutional 0 0 9. Non-Institutional 173 335 10. Household Population 2.32 2.2 form HUD-40090 (5/16/91) ~I"I '" CHAS Table 28 u.s. Department of Housing and Urban Development Office of Community Planning and Development Market and Inventory Conditions Housin Stock Inventor Comprehensive Housing Affodability Strategy (CHAS) Name of the Jurisdiction(s) or Consortium: Five Year Period: (enter fiscal yrs.) FY: through FY: City of Delray Beach 1991 1995 Check One: X 1980 Census Current Estimate as of: (enter date) Category Form HUD-40090 (5/14/91) ~, "I '" CHAS Table 2C u.s. Department of Housing and Urban Devetopment Office of Community Planning and Development Assisted Housing Inventory Comprehensive Housing Affordability Strategy (CHAS) Name of the Jurisdiction(s) or Consortium: Five Year Period: (enter fiscal yrs.) FY: through FY: City of Delray Beach 1991 I 1995 Current Estimate as of: (enter date) Category Total SRO o or 1 bedroom 2 bedrooms 3 or more bedrooms (A) (B) (C) (D) (E) 1. Project Based Tenant Assistance 603 0 394 102 107 2. Public Housing 200 0 30 63 107 3. Section 202 0 0 0 0 0 4. Section 8 403 0 364 39 0 5. Other HUD 0 0 0 0 0 6. FmHA 0 0 0 0 0 7. Tenant Based Tenant Assistance 392 0 79 263 50 8. Section 8 392 0 79 263 50 9. Other State/Local 0 0 0 0 0 10. Homeowner I Assistance N/A N/A N/A N/A N/A Form HUD-40090 (5/16/9 ." 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"'. õ' :ï cð cð ~ ~ ~ cc ~ II! :I: :T i » Q. ã. c a 9~ ~ ~c i it ~ a ~ i ëiJ :I: I\) Õ wow ~ 0 woo 0 :J ~ g¡ ~ ~ 'õi ~ ...."T ~ !Ii ~ ~¡ ~ ~~ ~. ~ ~ ~~ ::: i o 0 0 0 00 0 00 ~ ~ ~ I:I: ~ ~ ëi » .25 Ii: .!!J ~ 0 ~ ~ o~ 0 c;jc;j . APPENDn: B THE NEIGHBORHOODS TASK TEAM FINAL REPORT '3 \S\G I ." TABLB OF CONTENTS TITLB PAGE(S) INTRODUCTION /SUMMARY STATEMENT............................... 1 RE SOL UT ION 6 8 - 9 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 GENERAL RECOMMENDATIONS...................................... 4-7 CAPITAL IMPROVEMENT RECOMMENDATIONS.......................... 8-11 RESIDENTIAL NEIGHBORHOODS ANALYSIS AND RECOMMENDATIONS...... 12-24 CITY OF DELRAY BEACH ASSOCIATIONS PROGRAM.................... 25 A. NEIGHBORHOOD ASSOCIATIONS PROGRAM RECOMMENDATIONS.. 26 B. CITY OF DELRAY BEACH NEIGHBORHOODS ASSOCIATIONS PROGRAM DESCRIPTION.... 27-29 CITY OF DELRAY BEACH BOOTSTRAP PROGRAM...................... 30 A. BOOTSTRAP PROGRAM RECOMMENDATIONS................. 31 B. CITY OF DELRAY BEACH BOOTSTRAP PROGRAM DESCRIPTION..................... 32-34 CITY OF DELRAY BEACH INFILL HOUSING PROGRAM................. 35 A. INFILL HOUSING PROGRAM RECOMMENDATIONS............ 36-37 B. CITY OF DELRAY BEACH INFILL HOUSING PROGRAM DESCRIPTION................ 38-40 APPEND I X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 A. NEIGHBORHOODS ASSESSED BY THE NEIGHBORHOODS TASK TEAM - MAP.............. 42 B. DESCRIPTION OF NEIGHBORHOOD BOUNDARIES............ 43-44 C. NEIGHBORHOODS TASK TEAM MEMBERSHIP LIST........... 45-47 ~"~ February 15, 1991 NEIGHBORHOODS TASK TEAM PINAL REPORT The Neighborhoods Task Team was established by the City Commission with the formal adoption of Resolution . 68- 90, on July 10, 1990. Twenty-three persons were appointed by the Commission to this ad-hoc committee with members representing 18 neighborhoods, along with representatives from designated boards and agencies of the City. At the organizational meeting on August 30, 1990, the team elected to meet weekly on Thursday evenings to accomplish the tasks assigned to them. We were initially scheduled to sunset as of December 1, 1990, but members requested and were granted from the Commission, to extend the work of the Task Team to January 31, 1991. The attached document represents a summary of all neighborhood assessments, stråtegies and recommendations developed specifically by the Task Team to mitigate current conditions and trends in residential neighborhoods throughout the City of Delray Beach, pursuant to policies and goals defined in the Housing Element of the City's Comprehensive Plan. We are pleased to report that all five (5 ) tasks defined within Resolution 168-90 have been completed. The report is comprehensive and represents a lot of time and effort by this volunteer group. Staff has appreciated the cooperation of all members and the spirit in which they carried out their assignments. It is important to note that the Neighborhoods Task Team has agreed to meet quarterly to assess activities being funded and determine if they are being carried out in a timely manner. Staff appreciates this commi tment and concern from the committee. Respectfully submitted, ~r -~ Lula Butler, Director Community Improvement -I- . .,< RESOLUTION '1-90 1t. RESOLUT lOti or TltE CITY COHHISSIOH or TilE CITY OF DELAAY BEACH, FLORIDA, AUTHORIZING THE ESTADLI SHI"EHT OF THE tiE ICHBORHOODS TASK FORCE In FULFI LLlUO POLICI ES or COKPLIAHCE WITH TIfE HOUS IHO ELEttEUT OF THE COHPREH£HS IVE PLAN FOR THE PROV IS 10H or SAfE MID ADEQUATE 1I0USlNG. WHEREAS, the Housinq Element of the Comprehensive Plan establishes qoals ~or the provision of safe and adequate housinq for the City's residents throuqh proqrams directed to preserva- tion and maintenance of stable neiqhborhoods, st.abilization and revitalization of declininq neiqhborhoods, and to arrest det.erio- ration of certain neiqhborhoods t.hrou9h redevelopment strat.eqies, and, \ot1iER£AS. the Housinq Element set. fort.h policies and activities in pursuit of those qoals, and, h1fEREAS, durinq qoal settinq sesslon. conducted by the Delray Beach City COl""v':'lission in April and "tay of 1990, thQ City Commission identified issues associated with ·neiqhborhoods· as an item of hiqh priority and qreat concern, and, h1iEREAS, staff resources have been allocated and assiqned to cOr:'.r.Ience with the implementation of policies and proqrams within the Housir.q Element, and, WHEREAS, the City Co,,"..mission desires a hiqh deqree of citizen involvement and neiqhborhood representation in initiation of the proqram, NOW, THEREFORE, BE IT RESOLVED SY THE CITY COMMISSIOH OF THE CITY or DELRAY BEACH, FLORIDA, AS rOLLO~SI Section 1. There is hereby establhhed the ^d-Ifoc Neiqhborhoods Task Force which shall consist of members as appointed by the City Co".~ission and which shall pursue and make recommendation. to the City Commission,· throuqh the Planninq and Zontnq Board, with reqard t.o the fol10wln91 (AI Which, includin9 all, of the proqram. and activi- tie. .et fort.h in Goal Area. ·A- and -S- of the Housln9 Element should b. implemented alonq with the priority and tlain9 of each. (II The type of rehabilitation. revitalization, and lor re.sldential redevelopment effol't which should occur In residenthl area. set fOl'th in poUcy 1-).1 of the Housin9 Element and to other al'eu identified a. requirln9 -revitalization and/or rehabilitation- 01' requirin9 -stabilization and/or revitalization- on the Residential Neighborhood Categorizat.ion Hap, Fiqul'e H-5, Housinq Element. eCI Refine~ent. of t.he above qeoqraphic area., identi- fication of ·neiqhborhoods· within t.hem, includlnq establis~~ent of such a -nelqhborhood- deslqnatton if one dces not currentlr exist. and the identifi- cation of I~dlvidu.ls ~ho mOlt appropriately represent t.hole neiqhborhoods. (OJ Peconsideratlon of priorities, a. a..lqned In the I!ou.inq E!er.ent. for neighborhood improvement oroor.~. and actlvltle.. . -2- NEIGHBORHOODS TASK TEAM GENERAL RECOMMENDATIONS 7he fe.,ll::w:.n.g :- c:.: .:'oDine r.::.l t :.C ,1 5 ·.,¡~:.-e :'Ut. tJr-:h by the Ne::.;¡i.tcr:.ocis ':'~5k TC:3m r¿ç:~d::.n~ vv~r~ll C ·on,: e :.-n~ fer n ;us l:lg o _ _ 0''::>_ .-1 1 : 1'. :. n :he C:.ti' :-' .,; :elrd'l = e =.: h ~r.ë. J ~ he:.' rt::l3-:~d _ ~::. L .:: - - .l..::t.:''l:t:.-:s' HOUSING PROGRAMS FUNDING The EJ1..1Sl!":.q ?r-og:'ams 1,:r.f:1.:.. B0o\:st.:-ap ar.d ~;¿.:.·;h::·:::-::ç :d A.5'::C:'3~lJnSi 3h·:-1..:1 ~ rC:!">3.1:1 3 ': 3. f_\i1è.ln"1 l~'/e:' ()f at l~as': S :. ô 6 , : ( ':1 ::'?r f:.::;a':" ~'ear- :::".~ o1':p~£1.Úly. e-.scal~t1:1ç ::0 5 J ':. 1) . j G ;:' _-J..._t 0:- :TI:':'-~ ';:>.::::1 Ll~:i1:...g cycl~ r:::~' f:'3':3.1 :l-=at- 1;')3-';-4. f Jl' 2Y ~1)-91 ti1o:: tlTT r¿co!i'.!:1enè.s the- ~cll)Wlng All~~!~:'0~ .:i fU:1ås f::- th~ HC~Sl~; ?~ogr!~s: Inf:.ll S 6 I) I C r: G B 0 :. : :; t:,- 3. P 5 1 :) 0 I 0 i) 0 Ne1ghborhood ASSoclat10:1S S ô . '.J 0 oj HOUSING PROGRAM PRIORITIES The NTT r:co:nmenè.s the followln.-¡ nelghborh·:>ods recelve prlçrlty 2.3sistance for appr0v-:d hOUSlr.g program activitl~s iur:':1g the 1990-91 :iscal y<:a:-: ( 11 50UTHWE5T - Southwest 1st Street south t~ 5cuthwest ~ùt.h Street; between 10th Avenue and SWlnton Avenue ( :: ) NORTHWEST - Lake Ida Road south t.o A~lantlc Avenue Betwe~n I-95 and SWlnton Avenu~ { ~ \ 22nd Street south to Bth street ..J J B¿tween Swinton Avenue and Federal Highway It is furt~er recommended that ~wo neighborhoods per fiscal y~ar be designated for pricrity cons¡,deration of housing actl.vities. Prior years deslgnated neighborhoods wi':h WOr-K remaining undone or whose re";ldents contlnue to apply for par':icipation in the programs should be gi'/en priority for funding. NEIGHBORHOODS TASK TEAM It is recommended that the ~eighborhoods Task Team meet quarterly to assess staff progress and actlvities funded under -4- ;o,~ T:1e tlTT d 1 j i10t thlnk that ::'02 C'J:n:n:~slon shculd çlve an~' ~cnsld:ration :0 t11e :.r.-:::>me .~: ch¿ h'Juse:1c·ld. Tjey re.:o:nmend :r.3: th-: Co:nm:'S31,.:>n hear -:3.::: :J.se :n¿:~ld~J.lly based )n '::1 t:' s e ~;~~:flC cr:ter_J.. DEFINITION OF F~ILY :~1':- .: 0 r, ~ -:::: 5 U S Pl)31 t l,::n cf :.t:.~ :' J. S ...:: T¿.3.m was 1: '"":. J. :. :h~ ¿e::r-.l:;'<:n cf !J.:uly a.£ P=0POE¿d =y s~aff 1S S ll::: l: l-::"1 t ar,d they ;'_:P?C;: -: :!. J.~ :Jr': p,: ~:à. :;:~'e'::l" 1:: J.è.dit.lcn to the ¡" Eo vis e d ::'e:: : :·.1 -: i C iì Jf f 3.r.n: y , t h ~ T ~ 31-: :' i? aIr. we u 11 2.1k~ p ~ .. t) :.: n.-5:' :;.e:." ... .::::er Jrdln3.r.ce ame~dm¿~:3 3~_,C~1 as p¡::.Lb¡ ~ln'¡ p3.r:..:~g :'n ur:pa '/e j ::r 'jL1;¡pr:'led 3ur:J.ces 3.nd f:-cnt yard3. ':'he t a· s :{ 1: e 3m :s of :he ..:? 1.n 1·:, [, t.I3.:' tÌ".E ?r)~er : :- r~ t :-.: 1 0: p .i:: ~: i r: g ;J r J b 1 ems t:l3.t 3. ,',:> appë..::~ ': '''''1 :1: ::v e!' c rc·wded C:-p'ji~lon5, 15 J. be~ter :c ~:. u:òed :0:.n::':i w..:h th~ ·j,:!!:n:..tlon c: :3.!1ìll.y ':0 C .J n t r 0: 1 0':e:: :r:wded ::; 0:1 1.1: 1.:. ,1 S 111 ':)".1 r 5:: n 9 1 -: f 3.ffi 11 Y n¿ 1..;r.b·)rh·J0ès . POLICE DEPARTMENT T::e t-:T'I' re:,om:nended that tho:! ?':':'lce Department's pllot ;;rcJ.,:ct for the C)mmunl.:y P':>: ice ?ror;¡r3.m be lI:\;>lerner.ted in t :1 '= :1:Jr1:~1·..·¡€ s: 3Ectlon ~f t.he C~':Y. ?he 3.re3. is ~o encQm~ass No~thwest 3:..-1 A',·er.'.lE to Northwest lO-:h Aver.'le, Lak-: Ija Rc·a·j south to A':l3.n'Cl:: Ave:1ue. The Task Team recommends ~hat if the Comm~n1ty Polic~ Pr0gr3rn 1: suc.:es..;ful the second area to rèceive th~s proJ~ct sho~ld be the 3.:-e3. from Northeast 4th 3:re-:t south to Atlantic Avenue, from Swinton Avenue e3.3t t~ Federal Highway, (Plne~ppl~ Grove al.-ea) . rh~ Ne::.ghborhoods Task T~am rec':'mm~nds that the City CommÜ: Slon c::nslder inter 1m Chlef Rlchard Lincoln 10 the f Jrn-.al search process for the Chlef of Pol::.-::e position. The "Task ream recommends that the p0lice department not be actively lnvolved 1n general code enfo=cement activities. HOMELESS POPULATION The NTT :-ecognizes that there is a growing population of homeless persons throughout the :ommunity and the impac:t of thlS problem is becoming more apparent ¡,n both the residential and commercial areas. NTT therefore recommends that the City Commission direct staff to analyze the h~meless problem in Delray Beach and provide recommendatlons for their conslderat1on that would assist 1n mitigating current trends and conditions. ALLEYWAYS The NTT recommends that the al:'eyways 1n the Northwest se,:tion, between I-95 and Swinton, in particular, be analyzed for -6- poSS~J::'E lmpr:>'!e:'\en t and creating 3.<:cess :,)r addl tl')rlal :-ffstro?o?: par :: 1 ¡¡ g . It was also recommended that the alleyways ':ia: 3re net used 1:'3 ::;Jnslder~d :·:;r aba:1d,nme!"',t an:i :ieeèeè to ::he prJpert¡' ".'wn~ ¡. S 3.bu t t lng su:::h allejWays. ':':1e :'='5k ':'-:3.:n f-:-:1s t:1 a': tr..1S l~ ":'J~ ~~ =~3~ addr~s3=å on a :It: by Sl:e bas:3. rh= çro'_:p w¡l: :: ".1 :.~ ~ :: ~ r a:idress this lssue do': t;1 ~ 1 :- r:::< t m02Etlng ¡ If t::e ':.:'r.Ln:s:l~n lppr0ves NT~ me~::~çs o~c~rrl~g sn 3. :p.: art ~ L-l y' 1:: as 1 S ) OTHER RECOMMENDATIONS Ar_ :r, '~S tor owned PrQ¡::ert y As .30C 1 3t:..:>n is re:: ::mDend'?d b~' th-:- ~I:-T t·.) ::e s.e·rel;)ed 1:1 )~dE:r ':0 ç~mrn~n::a:e ¡..¡: ch th-= owners :f :omm=r.::ë.l a!:d r-:,:tal ;?rCpert7 in thE: <1r-=3.3 wher02 fe'.., :cciH.:'l:r ~ r·13.~1: ed l.;scciatJ.cns 02X1S:. :t H3,S r-:commenàed by :l1e NT':' that :he banks sho'..l11 be ~~~0~rag~~ to p~i~t :'oan and horneoNn02rs~ip program inror:na t :':):1 In :paD:.;h and :recle. ;.dd:.tlO:1a:'ly, It was re~ç~mended ~tat :he j a:1 k s s~oLld -=~¡::10Y beth 3. Spa~lsh and Cr~ole S?eaklr.q per30n ~o ac:---=- custOil'l¿rs. ..,:) -- - T~e NTT ræcomm¿nds tia: an analysls of tie school bus stop on U'J:: t~1:..¡e ~ t ~:1d Avenue and 3rd S'Cre~t, (:1o!.-thwes'C co:>rner \ be done to lde:1tlfy i:nprove:n-=nts to te':.ter accommejat: the ·::hildr~n. The e:cs:: l.r:q f';!~1ce 1S alsc teo :lose to the road and appears to COl1':..:.::;::.Ite t) an ..ms3.fe -::ondlt:on. ':'he :en;e is 10': a tad on I': 1 t y pro¡::er,::i'. The Task T:am rec~mmends that de~e:~pment standards for th~ .::::nt:-2.1 Business :)1 s t 1" i c t be modlfled tJ acccmodate e:u s t :.ag cond¡t:ons and: imi tatlc·ns .)n commerclal sit-=s. Modificatlon to c::d:: r-=q'..ll r-:men ':s 3hou:d be designed to e:1co:.¡r=.ge redevelopment :'Yl thin the :SD. , -7- ""'I ÇITY OF DBLRAY BEACH NEIGHBORHOODS TASK TEAM CAPITAL IMPROVEMENTS RECOMMENDATION~ Listed below are the Neighborhoods Task Team capital improvements recommendations for the areas observed by the group: SIDEWALKS Throughout the city, sidewalks should be provided for safe pedestrian access, in particular, where children commonly travel to and from school. Southwest 4th street Southwest 4th, 8th and 10th Avenues Throughout the area that is bordered by Gulfstream Drive and Webb Street Throughout the area that is border-ed by 22nd Street south to Northeast 8th Street Between Swinton Avenue and Federal Highway Throughout the area bordered by Lake Ida Road south to Atlantic Avenue Between 1-95 and Swinton Avenue Throughout the area bordered by Southwest 10th Street south to Linton Boulevard Between I-95 and Swinton Avenue Added and improved sidewalks Allen Avenue south to Northeast 8th Street Between Federal Highway and the Intracoastal; especially Lake Avenues north and south Cleaned, improved and linked together sidewalks in area bordered by Northeast 8th Street south to Northeast 2nd Street Between Northeðst 7th Avenue and the Intracoastal Sidewalks planned and constructed, where needed in Silver Terrace - Southeast 10th Street south to Delray Hall Between Dixie Highway and Federal Highway STREETS PAVED. RESURFACED. STRIPED - Atlantic High School Area/Gulfstreaa Boulevard -~ - Northaast 2nd and 3rd Avenuas - Lake Avenues nar~h and scuth - southridqe, Southeast 10th 3tr~et south t~ Llnton Boulevarj Between Southeast ~:~ Avenue and Glxie Hlqhway - Ralncow Homes - ~est of C~ng~e~3 between :J:h Terra:e and 22~~ Avenue; 12tj Court south ~0 l3 th Court - Er~ezy Ridge E~~3tes - DaVlS Road tjr0~çhout che area - ~arnat Avenue - Avenue F 30uth to Ave~ue H Secween Feèe~al Hlgtw~¥ and F:)[lèa 30ul~v3=j th~ougtou~ the 3rea - saLth 3wint0n Avenue between ~nd and :Jth St~'ets - A:13ntlc Aven~e so~~h to Southeast :(~h 5t~eet Setween Fej¿ral ~içhNa¥ and !ntr3:oastal DIRT ROADS IMPROVED AND PAVED rh[o~gho~t ~he area ~or~ered by S0~t~west 10th : ~reet to Llr, to:1 Ecul e'/ard Be~weea I -95 and Ger:r.ant-.:>wr: Roaà Southeast lOth Street south to Linton Boulevard Between southwest 4th Avenue and Swin~on Aver:ue Larnat Avenue - Avenue F south ~o Avenue H Between Federa: Hlghway 3nd Flcr:da Boulevard ALLEYWAYS - Studled, improved and opened ~p where feaslble for offstreet parking and property access Northwest - Lake Ida Road to At~antic Avenue Between I-95 and Swinton Avenue Atlantlc Avenue to Southeast 10th Street Between Federal H~ghway and the Intrac~a3~al (Mariana District and s0uta) BIKE PATHS/EXTRA WIDE SIDEWALKS CONSTRUCTED Throughout the area bordered by Southwest 1st Street south to Southwest lOth Street Between lOth Avenue and Swinton Avenue Throughout the area bordered by Southwest lOth Street south to Linton Bculevard Between I-95 and Germantown Read -9- ~I,~ BEAUTIFICATION/LANDSCAPING Medlan Beaut1flc3t:~n ~hr~ugh0~t th~ Atlantlc Hlgh 3chcol Area- ~ulfs~ream ::> 01.: t :1 :. C ::::d S:re¿t Ee:ween Seacr:5~ anj :ix:~ Hl;~way ~hrcugtçut the a~~J 1:1 NJrt~:w-=s: - L2~~ ré.3 Head ~c A~13nt~: AV3~~~ 2-='C·.¡e~n r-~3 5.1:1 S-,.¡:.r.:::1. .~,x-=r..-_:-= ~t¿ Atlant:.; ~venue ~~=rljor rh r: l;g~·!,;·.1 t ~:1e 3.:' ~ 3 1:: Br~e=y Rldg~ E~~a~es - D3.Vl£ P-:>ad MISCELLANEOUS IMPROVEMENTS , wIJEN!NG OF CIR~:E - :ocateè at Se~c~es: 3.né. 3~:.n:~n Aven~: 2¿!w~e~ .:. ~ :r-. anè ~:nd 3t~e~t3 ~¡:C::!-i:~G ':;? ~(:¡jTHWEST. SOUTHEA::T ~CTH ST?EET - It: ~.5 l.--:':'Jrn:n€:1C:ed t:.a: ::'(t::-. S::-eet ~I01 r,'iljened. 'I'R I.~};GLE P_EMClV~ D - :"4:h Street NORTHEAST St~ STREET 2IRCLE - Imp:"o'¡eme;¡ t s lneluded 1n t:je çapl:.al iJ1pr~vements budge~ and sched'.1le STREE~ TO BE MADE 2-WAY - Southridge ~oad should be Jlade :-way to Southwe~t 10th Street RAILROAD CROSSINGS - Railroad crcssing between Southr1dge Road anã lOth Screet should be elimlnated. The rallroaã cr~ssinq on Sou~hwest/SJutheast lOth Street needs to be repaired. LIGHTING IMPROVEMENTS -Highland Lane and Center Lan~ -Throughout the area Southwest lOth Street south to Llnton Boulevard, 3etween I-95 and Germantown Road -Throughout the area Northeast 8th Street south to Nor~heast 2nd Street Between Northeast 7th Avenue and the Intracoastal -Breezy Ridge Estates - Davis Road -SQuth SWlnton Avenue between -2nd and lOth Streets -10- pRAINAGE PROBLEM AREAS The following areas werê identified by the Neighborhoods Task Team as neighborhoods with obvious drainage problems and are recommended for dralnage and curb impr~vements: 1. SW 2~d st. between 4th and 8th Avenues 2. Lake Ida Rd at the curve (NW 4th and 5th Ave. are a) 3. Palm Trail between NE 2nd and 3rd Streets 4. Corner of NE 8th Street and Palm Trail (St. Vincent Church) 5 . Dixie Blvd and Nt 8th Street 6. SW 4th Avenue and 3rd street 7 . S. Swinton Avenue and 10th Street ~. Intersection of NW 11th Avenue and 1st Street 9. NE 2nd Ave. and 4th St. (Publix Shopping Center area) 10. NE 16th Court (north side of the street) 1l. Wiçgins Road off NW 9th Street 12. NE 2nd Ave and Seacrest Blvd beginning at 8th Street 13. Nt 1st Ave from Neals Market to 3rd Street 14. NE 3rd Street between Swinton and 3rd Avenues 15. NW 1st Ave between 1st and 2nd Streets 16. SW 4th Avenue from Atlantic Avenue to Linton Blvd 17. NW lOth Avenue to 2nd Street 18. Germantown Road and 10th St to railroad tracks 19. NW 2nd Ave and 1st Street 20. Sterling Road along railroad tracks at curve of road 21- South Old Dixie Blvd and 10th street 22. Seabreeze Dr (behind Spanish River Resort) 23. AlA north to NE 8th Street 24. S. Federal Highway (areas in front of the Burger King restaurant) . -11- ." NEIGHBORHOODS TASK TEAM RESIDENTIAL NEIGHBORHOODS ANALYSIS AND RECOMMENDATIONS Llsted below are the Neighborhoods Task Team final recommendations for the areas described on the Neighborheeds Assessed by the NTT map and the Description of the Neighborhood 90unda=ies (See Appendices A and B): 1- Area: seuthwest - southwest 1st Street south to. Southwest 10th Street Between Southwest lOth Avenue and Swinton Avenue REVITALIZATION/REHABILITATION Team: Dr. Cadet, Jeann Peart, Rosette Rolle - There is a need for playgrounds (Tot Lots) throughout the area. Existing vacant land in the neighborhood ceuld be used for this purpose. The committee also. recemmends the implementation of an infill housing program that weuld utilize existing vacant lots to create good, affordable heusing opportunities. - There is a need for landscaping of properties and preper maintenance and upgrade of existing landscaping. The team recommended the develepment of a program based upon an "Adept a Treen program. - Recommend the creation of a pregram for planting and sodding yards with participation by the City and homeowners. - Recommend creating a plant bank with a velunteer ceordinator, inexpensive, easy care. Have a xeriscape landscaping plan fer lots. Use garden clubs to. assist in start-up plants. - Boarded-up substandard structures sheuld be demelished and replaced with decent, standard and safe housing. - concentrated cede enfercement is recommended fer SW 14th and 15th Avenues. Visible usage ef vacant lots fer depositing trash and other debris should be disceuraged and this, and other such illegal usages be strictly enferced. - There is a strong need fer a neighborheed/homeewners associatien. -12- - The .:ld ?cl1;e De~artm~ilt }:;u::èlnç, :::urr~nt:"y ·)wned by t:-:'e CJ'_:r:.ty ~!1d adJ2ce:lt ~o e~13:1~g ~es:de~tl!l un1ts, need.=- ex -: e r :. .::: l" !t a 1:1 : e:: !::.: ~ s~e:l~lc~lIY w:tn ~he .;1' '::l,r. jo5 . - R2~)~~~~d the c::y :icq'J 1 :.-~ f=:.1\ t i: ~ C ) '.1;1 -. j' ':::e (ath,::r::.e 5tro!'".g ::~:1t-:r . 3:=~ctu=a~ly enlarg~ :.h: :açlil+:9./ 3.r.1 tro!d¿~ the ~l:b_l .: ~e:~e]::(~ p~:qr!~. ., Area: Atlantic High School Area ... Gulfstream south to Northeast 22nd Street Between Seacrest and Dlxie Highway STABILIZATION/REVITA~IZATION Team: Dick Shermeta, Sandy Jamison, Frank Spence - Fede'/e I:> p:ne:::. J£ a :cmme:-·; lè.: u.se lS recJrnmended for t.::e ::oardej up ::: :> :mr. e r :: 1 a 1- .stl"lP :m 3ea::::.-est Bl·.¡ä. (across frJm Atlar.t.ic Hi;!: 3:: h 0 0:' ) . - ':'~e :-etatl:::ai:lon .3.!:d B<:,<)t5:.rap Frogr~ms (palnt-up f l:<-UP, 13.nd3:aplnq program.s) 3::tlv:tles a:.-e recomme:1ded f:>r t~e res 1.:: e n t 131 a:.-ea. - Seacres:. Lan? between the ::hur.;hes and the h:gh scho)l sh::>ulj be :.-e=c'led Wl til tran.siti:>r.al :!o"llng. ?rofessional offlce ::cn:ilg wo~~j be appropri~te. - r:-:e h~çh scho'J:' prop~rty ai1d the rallroad ~roperty $hould b¿ scr~en~d from t~e commercial pr~perty. - The n1;j!"l 3·;hcol s 1': ':n: 1 d b,= en·:oura·1ed to provlde :-Jeï:':o:r !TIair. ter:aZlce of its property. - Reco~mend abandoning Old Dixie Highway frcm Gulf3tream Bl'Jd. south to 14th Street where the trlangle is l':>ca ted. The :ity ~houlå a:i~ire the property and t'lrn it over to the contiQuot:.s pr::>p-:rty owne!."s. 3 . Area: 22nd street south to 8th Street Between Swinton Avenue and Federal Highway STABILIZATION/REVITALIZATION Team: June Carr, Deanna Hartman, Jean·Beer - Nei1h:Jorhoods should be encouraged to organlze crlme watch groups where none ex 1St. - Boo~strap program activities are needed in the Northeast ~l1d and 3rd Avenue area Wh1Ch consi3ts of slngle family and multifamily structures. -13- ., - It is recommended that the EnQineerinq and Code Enforcement staff address the following problems: - vlsual obstacles from a p~ne tree at Northeast 13th Street and 3rd Avenue - a fence and a hedge on Northridge and 22nd Street. - widening of Seacrest Circle and Swinton Circle between 18th and 22nd Streets. - Lights on Highland Lane and Center Lane. - Triangle removed on Northeast 14th Street. - Concentrated code enforcement efforts are recommended for the followinq areas: - The apartment units on 3rd Avenue, between 17th and 18th Streets (the appearance of overcrowding); - 14th Street (blight conditions) - 3rd Avenue area with the worst physical conditions, needs code enforcement and Bootstrap Program activities. - 3rd Avenue should be widened. - 17th Street needs a name change for consistency in street directions. - The team supports and recommends demolition of the old Pantry Pride strip shopping center and the encouragement of a new development. The current proposed use of an indoor flea market is not appropriate. (code Enforcement should address the overgrown -- triangle lot, Dixie Highway, across from the new Delray sign). - "No Parkinq" signs are needed in the area around the Swap Shop, where appropriate, to eliminate and control blighted conditions caused by illegal parking of Swap Shop customers. - Removal of the trailer court on North Federal Highway is recommended. - The motel located on North Federal Highway should be demolished and redevelopment encouraqe. - The abandoned Dodqe dealership should be demolished and redevelopment encouraqed. - Recommend a program for an "Adopt-A-street, Block or House" fix-up project for civic organizations, which would be given recognition. Area youth could be used to help maintain. -14- 4 . Area: Northwest Lake Ida Road to Atlantic Avenue Between I-95 and Swinton Avenue REVITALIZATION/REHABILITATION Team: Bill Harris, steve wexel, Deborah Dowd - It is recommended that alleyways be used to assist in the offstreet parking solution where homeo~~ers agree. - A plan to construct Tot Lots should be developed for some of the existing vacant lots in the area. - The area has a great deal of vacant land. Infi1l housing is recommended to revitalize the area. - The substandard buildings behind Spady Elementary School should be acquired and demolished. - It is recommended that a landscapinq program be developed to assist residential areas, in particular, elderly residents, in planning and caring for their yards. - City-owned property behind the utility building needs upgrading. - The entire are would benefit from the implementation of the Bootstrap Program (paint-up/fix-up, rehab, etc. ) . - Staff is requested to gather recent statistics on owner to renter ratio for the area. - Along Lake Ida Road, large parcels of vacant land are available for the development of multifamily units which will not impact on existing single family neighborhoods. Such small scale multifamily units should be considered for the area. - It is recommended that neighborhood associations be promoted in the area. Crime watch programs should be established throughout the area. - Multifamily housing should be developed along Lake Ida Road. S. Area: Atlantic Avenue Corridor REDEVELOPMENT Team: Frank McKinney, Dorothy Sutton, Gene White - Atlantic Avenue East versus Atlantic Avenue west differences should have the walls broken down in order to unite the city. -15- ." - Loitering rules should be enforced to rid the area of people "hanging out" on the street. - C~ncentrated Cede Enforcement of nuisance abatement should be lmplemented to mitigate bllghted conditions caused by trash and debris on properties. - The street lighting should be upgraded on the one block areas north and south of Atlantic Avenue. - The committee supports the development of an environmental security design for the safe Neighborhood District should funding become available. - Existing vacant lots should be considered for redevelopment in this corridor. - Many skilled and unskilled people are available for employment in an "unofficial labor pool" operation that exists at specific locations on the Avenue. A program should be developed to create employment opportunities for these people. - Discontinue the use of residential properties for commercial uses. - Police relations with residents are poor in this area. The establishment of a "walking beat" would be beneficial both in developing a positive relationship with residents and curtailing of loitering problems. - vacant lots can used for playgrounds. - Additional landscaping should be planned. - county-owned land (the old police station) needs maintenance. - The committee feels that the number of liquor licenses that are concentrated in the relatively small geographic area contribute to the blighted condition and has an overall negative impact. - The businesses should be organized into an association to encouraqe a consensus approach and find resolutions to common problems. - Data is needed on unemployment in the area. - Residential area needs major Bootstrap Program activities. - Jay-walkinq throuqh medians and other areas is dangerous and should be controlled. -16- 6. Area: Southwest lOth street to Linton Boulevard Between I-95 and Germantown Road REDEVELOPMENT Team: Deborah castello, Wanda Gadson, Eather Mae Collins - The cO!!'.m 1 t ': ~e ~-~c ?mrnE:nds :i:a t tra:f¡,: 11 g.1 t .5 b-= :.;;s":a:"~ej .3t ::3e :.-ma:-¡ t .- ....:1 F.o 3d .3~d llj~h Str-?et, ~t:l .;v-=:-¡'.~-= .3rlè ¡ C 12;: 5t:-eet r.O:-dl" Fln-: ':;r )'.;<: El~m¿r.ta~y Sch~ol. - :'::-= "]1":ce::"I s:~re ~ç:urrent1y c:'03eå, 5~1':-'Jlj be d~¡:¡cl:3;1¿d 321d -: ?:!".Ir.e:.:c lal :- ~ d -=';.; 1 ':'p!T. e I: t. ~~1CC u~ë.gE:d. - E :.: :. .:; t 1 n g war=1:()U3~S h:3.'e bllghted con~ltlc~3. C:-je ~ ~ : : !." t : .=h0'.!ld :Ce target.~d 111 ':he a:.-ea fer mal r. t e:: 3.:1 c e anè C:~p~l3.nCe !': a~pr;vej s:te p13cs. - ::odd¡':1g ~s nee~ed fer home0wn.;rs/res:der.t.1al area. - ~ t :'" 1 -: t e :.: :cde ~nf·:>:." ::e:nent :.s :1eeded t·; add:-ess th-: ~unk car prc-blern. - :'here is 3. distlnct difference l:et.we~n 81:1 Wallace's ccmme!:c: 31 establ1.shm€11C dad all -=1se .l.n the 3,r-ea. - -r 1S L"e'.;ornmer:ded that 3taff determl:le ,:he r~nt-?l"/,~wr.el- ratl.,. ...~ - Targeted Code Snforce:nent lS reqtnr02-d. - Àrea l:ght:ng 1.S i:1adequ3te. - HR3 builjlng needs major 1.:pgrade and maintenance. - East s:.d-a of Germantown Road '.;c~ :d be develop~d '.-11 th mUl~lf3,mily un1ts. - _'':: t.. stre~t should not be widened between Swint0n and eastward 1:0 .. S. =1 b~cause of the pct-:ntlal negat1.'/e impact on the ~ . e:Üstlng slngle family ne:.ghborhood ar.d s~hool. - Recommend that the City and eRA seek ~ut ar.è -:nc~~¡rag-a economically stimulating vent1.:res for the area. 7 . Area: southeast Atlantic Avenue south to lOth street Between FEC railroad tracks and Federal Highway REDEVELOPMENT Team: Jim Johnson, Elijah Weatherspoon, Veronica Bowleg - ~o~se pollction along the rallroad track is a major problem. -17- ~"'I _ Federal Highway should be thought of as an asset and additional redevelopment should be encouraged. Current businesses are cramped along Federal Highway; they should be allowed to expand to Southe3st 4th Avenue. - A block-by-block study of the entlre area should be conducted with consideration given to closing s.:-me of the access points, ]..e. 6th street south to 2nd street, FEC to Federal Highway. The area could b~ redeveloped to a rnlxed use treatment with a master plan de'¡eloped for the reconstruct:on of this area. The neighborhood ].s ideal for the Super Block concept. Additional land could provide space for the commercial expansion. - A buffer is recommended between commercial and residential uses. whenever a wall is used, it stould be on the residential sije. Current alleyways can be used fer such commercial buffers. - p~oçerties east of the railroad tra:ks are stable but not being maintalned. - In the 3rea south 'Jf 6th Street the most deteriorated properties are converted multifamily units within a predominantly single family structures neighborhood. It is recommended that the City acquire these units and convert the area back to single family structures. It is further recommended the property north of 6th street, which is more deterlorated be considered for demolition and use change to allow for commercial development especially between 2nd and 3rd Streets. - FPL building should have increased buffering and landscaping to improve the property aesthetics. - Northeast 2nd street to Northeast 4th street - older, existing commercial area is deteriorated. Should be cleaned up and expanded to Swinton Avenue and redeveloped into a more viable economic use. - The committee recommends that the multifamily units on South Swinton adjacent to FEC railroad track be demolished and a better use of the land be identified. Existing noise pollution problem interferes with the viability of residential units at this location. Hore commercial uses could be applied to area adjacent to railroad tracks. FEC track area ideal for public uses, i.e. parks, recreational facilities, churches, etc. 8. Area: Allen Avenue south to 8th Street Between Federal Highway and the Intracoastal STABILIZATION/RBVITALIZATION Team: Sandy Jamison and Joann Peart - Bootstrap Program Activities are recommended. -18- - -¡'arg~ted ·:cde E:nf.)rc¿:nent act¡,v:.':.;,' 15 r,=:c:nrnendeå fJ:- t :1-: -er¡-:lre area. - r:. 15 r:cc;n¡nendej that Eng:neerlng st'..;dy and make a ~e~0:n:nendatlcn f0r ~he l:1:.~r:;eç':.l:n at Bond. ',¡ay 3.nj Fede:.-31 H:;hway f'JL" FO.5S1ble "c11:'-d-:-5a..: 0:: 3. 3:-:P s:gn t.J c:-nt:-J:' ':r~f:l:. 9 . Area: Northeast 8th Street south to Northeast 2nd Street Between Northeast 7th Avenue and the Intracoastal STABILIZATION/REVITALIZATION Team: Jim Johnson, Sandy Jamison, Dick Shermeta - :t was ::e·:onn:en ded that t.he Cl:Y aS31st t::e entlre a~:ea ;.l:th ; 113. r, g : s t:lat '."¡.'J u 11 e:1h3.r.ce ~:1e dis t 1:1:-: 1 ve c h a r 2. c t ": r 1 5 1: 1 .: 2 _=-ar:tlfy:ng 1": as a ;1e1gl:bo:-:l:>cd, ::n pa!.-t::c~lar . t;:e :H"~a f:-::n tj¿ 3. i:' -=~r,.¡ay between Nort.le 5.5-': ì':h and 3t~ Aver.·_:es, e3.s: -:0 :je Ir:t:-3.CC3.Et5.L Northeast 2:1:1 5t!.'eet nor:h tQ 8th A··¡enue ~.) :.le - . :.1t:.ll::nc; the fo¡lcwlng 3tra:eçies: .::1 u rC:1 . -~crthe3.st 3rd and 4th St:-eets frcm the Alley to Northeast 8t~ Avenue be closed Qff :~ create a c~l-de-sac, pa'¡:d and l.and3:aped. -Gateway entrances to the neighDcrhood be deslgned and ~s[ablisheë on the s~uth at Nor-.:heast 2nd Street and 7th :>r 8th Ave:1ues, nort.hwest at ~th St.reet and one at Nor:h pa:m '!'r3.1.1. -The o~ter p,=rlmeter of the ne:c;hborhood should be la:ldscaped tv ~n~lose entire area and cut~ff access. -pedestr1an ~ravel be encouraged by tje use cf an lnter1O~ nelghborhood asphalt pedestri3n walkway or l:>op for the 3.~ea from Northeast 6:h Street souch ~o ~o~thea3t 3~d street, Palm Trail to Nor~~east 3th ~venue. -Tte Clty should consider other cul-de-sacs for the area :0 le:sen access to this nelghborhood from Federal Highway and S~h and 7th Avenues. -stree~ lightlng designed to coordinate with the walkway lS recommended to improve sec~rity fJr pedestrians. - Alleyways should be =leaned up, paved, landscaped and used as access to offstreet parking, especially in areas wlth mu1t1family structures. - Slqht distance problems should be eliminated throughout the 3.rea. - Ceter10ra':.ed bUlldings alon; the alley between northeast 6t~ and. 7th Avenue should be demollshed. - Elim1nate some of the back-out parking onto 7th Avenue. -19- ~II~ 11. Area: southeast lOth Street south to Linton Boulevard Between Southeast 4th and Swinton Avenue REVITALIZATION/REHABILITATION Team: June carr, Deborah Dowd - .:t 15 ~eçcmmenjed thi~ êrea be g:veli prlcrlty conside~~t:on f f' '" :-~c:e\'~::- ;;:n-::2 t . - C:mm~r::a: e~te~pr1S¿s i>llï:hln the area need tl) erect pr1''¡~cy :~:l':":s to ~e~ar~~e l~nd '13es, ',..¡here ~eed~d: ·...lpg::-ade 13.njs:3.~lng ~n¿ pa:nr bUl:d:~gs. - :t 15 1.-';"': Jffi:!'.erlè.ed t.ha t ~~ls~lng co~merc131 parkl:l;J areas be 1" e p :i"Y' e j , :.;..s~rlpped a~d 3.dd:tlCn3.1 spaces be crea~ed Qn ~àJaçerlt '/~·::3.n: pI.-)~-=r:y. - F:re ':'3:1eS shQu~:i 1::-: lnstal:ed wher9 needed and e~:s:lng f--.::. lanes ~est:lpped. - ~- l£ r~co~me~d3d t~at u~ld~ntlfled stree~s be named. - !!:cre 3.sed coèe 3~forcement 3.ct1vlty 15 recommended for the a::-ed, - Tte devel~pment cf a nelghborhood a5soc~ation :5 recommended in order t<J address issues such as c~othes ~ang1ng 0:1 fences and ~~lghbcrhocd 3.ppearance. - 30otst;:-3.P Program act i '/ it Y is recom:nenèed to address pain~~p!flX-UP needs and to upgrade landscaping throughout the area. - To el:mlnate overcrowdlng and blight:ng ::onditlons from the s ~O:-·lç;e ·~f Junk autom,~blles around repair shops, it is recommended that auto repalr shops prov:de work orde!"s for vehi~les belng !"epaired. - Traff:c flow ~etween 10th Street and South Swinton should be st~died and mlddle railrQad crossing possibly eliminated. - It is recommended that land use for north of Sterllng Avenue be ~aintained as single famlly. 12. Area: Rainbow Homes West of Congress between 12th and 13th Court STABILIZATION Team: Dorothy Sutton, Veronica Bowleq, Eather Mae Collins -21- - It is recommended that the southeast section of the development have the landscaping upgraded. - Trees should be trimmed at the cul-de-sac streets. - Bootstrap Program activity is recommended for the fence at 20th and Llnton. - Targeted Code Enforcement is recommended. 13. Area: Breezy Ridge Estates - Davis Road STABILIZATION \ Team: Frank Spence, Joann Peart - Bcotstrap Program activities are recommended where needed. - It is recommended that a neighborhood association and crime watch be established in the area. - The team highly recommends that a railing at the drainage canal be installed for safety. - It is recommended that brighter and better located lighting be provided. - It is recommended that David Jones Construction Company be required to provide landscaping screen to separate their property from the surrounding area. - It is recommended that the designation on the Residential Categorization Map be changed from STABILIZATION/REVITALIZATION to STABILIZATION. The physical condition of the area is more appropriate to the Stabilization category. 14. Area: Delray shores STABILIZATION Team: Jean Beer, Dorothy Sutton - It is recommended that trees be placed within road right-of-way (the area between the sidewalks and the road) throughout the neighborhood. -Bootstrap program activities are recommended for the area. -Clean-up 1s recommended for the exit from Delray Shores to Davis Road. , -22- "' . 15. Area: Del Ida Northeast 4th street north to 8th Street Between Swinton Avenue and the FED Railroad Tracks - STABILIZATION/REVITALIZATION . Team: Frank McKinney and Joann Peart -Increased code enforcement activity is recommended throughout the area to address the removal of old cars overhanging trees and tras~ or debris in yards. -It is recommended that the neighborhood be identified with fO'.1r appropriate signs at its borders stating "You are enterlng Del Ida Historic District - Established 1923". -It is recommended that medallions descrlbing the history of the area be imbedded in the sldewalks to encourage pedestrian travel. -It is recommended that the Del Ida Neighborhood Association be used to disseminate information regarding the Bootstrap and other City sponsored programs. -Increased law enforcement Visibility, 1. e. foot patrols, are recommended for the neighborhood to reduce potentlal crime activlty and create a safer environment for foot traffic. -Additional street lights should be installed to facilitate more evening and night pedestrian traffic and crime control for this neighborhood and throughout the city. - It is recommended that a specific study and design be completed which would identify streets that could be cul-de-saced to maintain the neighborhood's quaintness. 16. Area: LHat Avenue Avenue F south to Avenue H Between Federal Highway and Florida Boulevard RBD BVB LOPMBNT Team: Dr. J. Pierre-Paul cadet, Rosetta Rolle - It is recommended that the residential character of the area be maintained and the use be changed to RM to accommodate multifamily residential development such as townhouses. - Code enforcement activity is needed to address overgrown vacant lots within the area. -It is recommended that the entrance to the bus stop be better defined for better visibility. - Bus stop benches should be improved. -23- - Demo:lt:on lS recommended for the abandoned ho~se on FrederlcÌ< 9-:)ulevard. ~- 1S recommended t hat c -:: mm e ::.: :. a 1 establlsjments )n Federal- -..,- :il';Ji1Hay, "':he Car Rental, ~ .. J:'SCCU:1-: Llgh-:l:1q, all ref',\ r b 1 S h 1- _.. . : ',: 1 >.: 1:1 g e:< t e r 1 C r s , Ùpgra¿e la~èsçapl~g and a wall to separate r:he ::'Qmrner·: 13.1 frJffi the r~.s:~eDt131 a:-eas. 17. Area: Atlantic Avenue south to Southeast lOth Street Between Federal Highway and the Intracoastal STABILIZATION Team: Bill Harris, Steve Wexel - :-!o:-e -=tr~e: l:.·;h:,ing lS r:eeded. - It :.s recc¡¡ìlTead-:d :r.at weed.:; ar:d. ':"!ergr::wth beremovej ~r0r.ï slè.ew31~s ~r. Fejeral Highwa:¡. - :t ¡'3 re~~:nmended that a stùp S l '1:1. :c e 111stal.led::¡11 7th Avenue .3.~ 3:;)u:he3.s"': :?rd Street t:> sl:w d.:>wn t:-af f 1C. - -:: rr.~e 1.-::' a J. es-:ab:lshments w1thln ~he dr-ea shvuld be -ano:ouraged ~c erect buffer walls to 3epar.1~e -:he c:>:nrr.er::al from resldential uses. - It 15 reçommen~ed that commercial areas be requlred to t~pgr ade -rt-Q"''- lar.jsc=.p:ng. _.1 _ __ - Eoar~ed ~p bu:ld:.nçs should 1:e a¿dressed apprJpriatelï. - 3treet 11'¡hts a"'~ recommended for 7th Streets between ¡Oth ... - S:r~,=t 3.nd 7th Avenue. - It is recommended ~hat the street lS clvsed on 3th S~reet ~n:' -:he pr':perty di vlded and turned over to the propert'l owners v~ ':1""10: north and south sides. - Er~ct 4 -way st::>ps for traffi,= cor.trol t'J slow up ncrtheast -(" --.I scut¡¡east traffic on Federal H~ghway and Southeast 7th AvenUè. . - Incentives are recommended ':v ~ncourage the IIp<;r.lde and renovation of apartment bu~ldlngs vn 7th Aver.L1e, sou:h 'Jf Atl3.ntlc Avenue. -24- .. CITY OF DELRAY BEACH NEIGHBORHOOD ASSOCIATIONS PROGRAM . -25- ft NEIGHBORHOODS TASK TEAM NEIGHBORHOOD ASSOCIATIONS PROGRAM RECOMMENDATIONS '!'t-:? N~:gh:Jorhoç,ds r:2S;~ ':'~;..m :r.ad: the fol h"Wl:1Cl :-e·:: :>m!!1er:.da. t lcns in relati':mshi~ t:> the :.Je~ghbC'rhoc.å ..~.s 3C'~ 1 ~ ~: ::1:- Pr:ç¡ram: - . It is r~comm-:nd=d th~t ~he Clty'S :ffcrts tc ·")::gan:ze ~~içhb0rtc0d aSS0::1~~lons stculd l&clude ne~gtbo=h00ds platt~d in -:he sa::1e sui:åivlslons that ar~ r.ù': re:;::Jr~sentad by :r parc:cipat:ng ir. a Eo rmal as S<")C ia t lon. Î ~'¡"T supports pollcles in th~ Housing El~ment wtich .. . :::t3.t¿ tl:..it staff sh'Ju':'d ?r::J'llde ar~a hcm;cwr.~r a3S0Cl3.tlOr..S a:lè ::e1.~ht'):'-:1")~d l.-epras enta t 1 ves w::..th a newsl~~~¿r to lnform r=sièen~s of ·::i -:y-spcnsored programs a¡ld pro~ram crl te!::a as well ~s o:her p~r":in~nt ir~forma t lon. Staff is also -::nc:¡ur3.geè to dev~lGp s-:minars ar.d techn:cal asslstance for ==slje~ts est~blisiing homeowner aS50clatl~ns. .;, . The T~sk. Team reccmrn¿nded that the Crlme Watch map and ne ig11bcrhood c:,nt.act person be used by the Neighborhood Ho 1..: s :ng speclalist tc ass 1st in estab:'lshing neighborhood assoclati~ns for areas ldent~fied ~s not cl.1rre:1tly having any ~rganized gr0cp. 4. NTT recommends tha: lnformation from city ~utlicatl~ns for each department sh0uld :Je m3.de 3.vai13ble to all neighborhood/homeowner assoclat~ons. 5 . ':'he Task Team recommended that the Communlty F.¿.davelcpment Agency contribute $6,000) ~o the Nelghborhood Associatlon Program to assist in the c-:) s t of :="C'.1 t lng the program activities WhlCh require COPYlng and malllng items. -26- '11"1 6. Encourage the neighborhood associations' involvement in Presidents Council activities. INFORMATION DISSEMINATION The Nelghborhood Housing specialist will be responsible for disseminating information regarding topics relating to residents citywide or within a particular area or neiqhborhood. This information (i.e. land use, taxes, comprehensive plan amendments, capital improvement schedule changes, law enforcement, code enforcement and other issues) will be made available through the following means: l. Pursuant to the goals and objectives of the Comprehensive plan, dev~lop and execute annual, semi-annual and quarterly community meetings with neighborhood and condominium association representatives to disseminate information. 2. A quarterly newsletter to neiqhborhood associations and others requesting this mailing; 3. Through Presidents' Council meetings; 4. Through telephone contact with City residents requesting information (individuals or associations). a. Direct Information b. Referral to correct source of information . BUDGET The Neighborhoods Task Team has recommended $6,000 be allocated for program expenditures during FY 1990-91. -28- NEIGHBORHOODS TASK TEAM NEIGHBORHOOD ASSOCIATIONS PROGRAM RECOMHENDATION~ T:1-? ~~e 19hb'Jrh:)od,.s TaSK !'~arn mad.: the follcW1I1g' ~- ec.: rn:ï.-?nda t 1 cn:s in :.-e 1 at ;';Jns :up to ,,:he Nelghborho?d A:::(;~~:!.t.l::¡3 ?:")'Jram: , It i <:' l.-~ccmme:1ded :hat the C:..ty·s efforts tJ organ1.=~ - . ...- nel;h~~rhcod aSSO~lat1on5 3hc~ld 1Delude ne:ghborhoods plat~ed :n the same s'Jbd: V1S l')n5 that ar~ :'.C't :'" ~ pre 5 ~:1 t e d by cr ,ar~¡,:::~a'::ng ':':1 3. tor-mal aSSCC1a':lOIl. - NTT 5'.lppcrt:s ?olic 11::5 in t!1e Hous :":1g Element ',"h 1. c h - . sta~e ':hat .3taff shculd prJVlè.e area tOffie0wner aS50cia:i0ns and ~eigtbcrhçcd :.-epl-esen:3 t 1 'es Wlth a newslet':er to infcrm residents Jf Cl,:y-spcr.s:.red p:-0çr d.I'1S and. . pr:'gram crlter:..a as ..'ell as Jther pe:"tlr.ent lnformaticn, Staff 15 also en;o1..&:-agej tJ develop sem:nars a::d technl:3.1 aSslstance for reslden":3 eS~3.bllshlng homeowne= as.5ociations. 3. T~.-? ':'ask Team l"ecommenèed -:hat the Crime Watch map a~d neighborhood :::ontact: person ::Je used by the Nelghborhood HO~Sl~g Speclalist to 33S:S': In establlshing neighborhood aSSJc:atlcn:: for 3reas lder.tltled a5 n·~t: C'lrren t 1 y havinq any o~ganlzed group. 4. I';T1' re':-omme:¡d5 that inf:>rma':lon from city p'.lb2. iç at i .::ns fer each departm~nt 3h,:mld be :ï\ade 3vailable :0 3 j 1 n.a i ~ht·~=h:oà"h :>rneowne:..- :i550ciatlons. .:. The Task Team ....e·;:>I1'.mend¿d that the C(¡:nmt~ni ty .. . R-:de'lel:,pment Agency contrlbuta $6,000 t·:> the Neighborhood A~~: ::=:::~ ?~0g~3m ':? 3.s~i.s': 1;1 ~ì:= -('" ,. ",,0: ex,:utinq the _ _.:0 _ P ::: ;:- 3:ï1 a~tlv:t:..e3 whlct requir~ ~:~¥ln1 ~r..d :;1ò i 1 i:1Ç It.:ms. -29- ." ÇITY OF DELRAY BEACH BOOTSTRAP PROGRAM -30- "'''! NEIGHBORHOODS TASK TEAM BOOTSTRAP PROGRAM RECOMMENDATIONS Th~ fcll,;¡wlr.g ¡;e'.:ornmenja t iO:1S f --- -:he Bootstr3.p were pl_; :: fcr~h by th~ se:ghtorhocds Task Ted~: l. :t 15 ~~commended ta3.t in addl t lc,n to tne prcgrams ':>',1"': ll:1 ~d l!'1 :he H')l!S ing Element, the 30')ts~:.-ap R¿:13.b:: 1 tat len pr·:¡gra;:¡ sho'_¡ld lnc L:è.e a ~Je 1 ghb ,) !:hoo j P :Hl'. t- 'JF/ F1X-Up compJnent to 3.ddr~ss 13nds.: aï:H:1g lr!\pr'·)Ver:'.e¡1 t.s , palntlng =.nd the developme!'lt of a v01'lnt~~r 3.ss:st3.n,:~ prc~ram. .., . ~- is r¿commead¿.d that s~af: è.ev~lcp 3- .. . - '~ demo:1strat:o:1 proJ~ct for t;:"e Bootstrap program 1JSlnç C:1e block ::> delil::ns tr a::: l1:>W Bcotstrap c=eates a ,"difference" , how "'.:):" '.In te ar s are '.~5 ?d, how the palnt-1.lp/flX-UP component o·;¡e:.-ates. ~ N':'T mef:1bers recolTimen::!ed that the banks should !:lake -' . avallable more volu~te~r 1. abo r from ~heir staffs fer the bootstrap proJe:ts sponsoreè. by the City. . l'fTT memters reccmmended that staff solici~ paint os . suppllers, m.u;series and others who lUay maite suppl:.es a ./ a :. 1 ab :. e for the program at below the general publiC'S eEtabllshed ratðll ~rice. -31- III',! CITY OF DELRAY BEACH BOOTSTRAP PROGRAM The ~ousing Element ')f t~e C~npr~hen51ve ?la~ mandates that a BC0t3~~a~ Re~abllita~ion proq~a~ be e5~~b::£hed to ~SSlst -:ity :..- .:: ;; 1 de i 1': 5 ./¥ 1 1::1 m~~ntalnl:"1'¡ and ennar;Cl:1g the:r nelg:1bcrhQQj envirç·nment. rhe pur?~se'çf th:s program 15 ':0 adjre.:3s e:cer lor :::1P:-C',' e:n';'!1 i: S related to s:ngle fam:ly and mUltifamlly :'well:r.g£ :r.c _ :.l::l:.ng b~i ldl!:'; ccd~ It:ms. ¡andsca~iLl1. appeal:anCE- and ;B=K:::~. rr:: 1 S program 3hall net dJ;:ply to l:ie anà safety Dat~~r3. T~e )rcgram shall provlde f·~:; t:le p~1a:: ir:g .:)f l:r.prO'lements. Whl':':1 a=e :1-::ce3sary to mea': the appl:cable codes, over ape :: !. ': d Jr ":l:":\\:? :'he s; 1: e :i t: 1 e of :¡nprov~m-=n:s shall bo:: cased up:.n ':~E ~r~p~r:y :wner's abllity to pay and upor: the need to enha~ce th~ ~u311~Y a~j ch3racter of the nel]htorhood. Property ~wne:-s 5::::' 1 j: ~:':gll:;le fJr qran-;s, ma t :lur. ¡ f':.lllds ~r IJans dependin1 ·_.p:n ~~=lr :~::me a!1d thel:; abllity ~o q~all~Y for tank loans. ?R:'G?AM :E~rGN A:--lD S':'RATEGIE2 .~!,p:i.iça~1ts wiil be sl?lected from s:nqle fa:r.lly ¿welling r~sldE:nts whc demons-:rate a need f·~r exterlor 1welllng imp:;o·¡e:nents. :l:Y pe=sçn:1~1 wlll determine if the needed :mprov-?it1ent.= fit ti1e crlterla cf buildir.g c:>de vl,)lations, 1.3.ndscapE.g, appearance ~r parking. These ~mprovernents will :Je consldered as they wlll en~1ance the overall arn~:nance of ne 19hb.:>rhc,ods in NTT reco~mended 3.reas and in conjunc!:ion wlth ~DBG rehabilit~tlon proJects 'chat have occ'.lrred or wlll occur w~thin these pr:or~tlzed areas. city pers"nnel wlll deterrnl:le -:11 e ellqible lrnprovements, pr:'oritlze ~he executlon of the r-apalrs b3.sed upon the impact of the work on the Qverall ~elghborhood enhancement and the ablllty of the property owner ~o meet the expense of the work. Eligible lmprovements will ccnsist cf: Exterior painting Replaclng broken windows, shutters, screens Roof repairs, replace or clean Landscaping Driveways and carport repairs Fence repairs Replacement of missing or rotten sldlng . Gutters and downspouts Porch and stair repairs OTHER COMPONENTS The program will also consist of a paint-up/fix-up component wh1~h wlll incl~de simple repairs, paint Jobs, yard clean-up and simple landscaping work. As a part of this program the city will make arrangements with paint suppliers and nurseries to provide -32- .'. s'..1ppl¡es ~t a lewer than retall ::st :0 those property C'wne~'3 elig:ble fer work under ::h:.s pr.::.gram. Supplle.s wlll alsv =~ ~uP?lemente¿ by labor fr~m v~l~n:e~rs o~ th?s~ propertle~ ~"':1~d by ienlor cltlzen$ or others wh~ are ~nable t~ pe~:o~m tt~lr JW<1 ~",?r}: . T~ese volu:lteers '~lll pr~'!lde labor to clean ~'ards and ,;>erfJrm s:mple landscapl~g ~nd pa:ntlcg tasks, ~::~ N-=ighbr)::hJod HC'..1S1:1g Spec....al.:st 'f'llll 3. j'l-:r:.:.s~ ¡:he a v a 11 :ib L. l :~. .~: f :unds f ç r '; r. i $ pre q r a.m w 1 t h p = 1') :- 1 ':. Y t c ~.-es:jents w:tn:n the ~elçhtcrh?Jd3 p::- 1 :> t-:-' t :. :: e j b ï the Heighb'';:'h0Jds T3.SK Teare as t~e first areas tc r-:,"="-: ~ ..~.~ t~e programs es~!bl:3hej =ï :he ~o~slng Element of :he CJmprehen$l~e plan. For F? 9(-91 :he prlor:.t¥ :1elghb~rto0ds are as f:<..lows; l. 5.:uthwes:: 1st Street S~t: th to ':'Ctj 3::.-~et Between 10th Ave~~e and 3Wl:1tcn Avenue - Hortl:we3t - Lake Ida Road Sou!h to Atla=ti~ Aven~e - . Eetw~~n 1-95 and 5wlnton Avenue ~ :2r.C: Street SOUt:1 t:> 8tL Street - . 3etwee!1 Sw::!.nton A'¡~n"'le and Fe1eral H:ghwaï .~ll ::ther ap;licants wll: be placed on a waltlng llst. PROPOSED ELIGIBILITY CRITERIA A t~tal ho~sehold income for a family that 1S 51 or more over t~e CJEG eilgibillty g~ldel1nes as follows: *Household Size Annual Income 1 Person :4,001 to 22,400 2 Ferson 16,001 ';0 25.600 3 Person 18, :J01 to 28,300 4 Fersor. 20,001 to 32,000 5 P~rscn 21,601 to 34,000 6 ?erson 23,201 to 36,000 7 Person 24,801 to 38,050 8 Persor. 26,401 to 40,000 -Based on $40,000 median income for ho~s~hcld of 4 persons Households between 50 and 80 percent of t~e medl~n income CQuld be eligible for full grants ~r matched assistance, based upon -:heir ab1lity to pay. Speclfic ellçlbllity cr:teria will be established for this income bracket. Househclds above 80 percent of the median income gUidelines and up to the median will be eligible for matching funds up to 52,500 to assist in improvements to the:r units. -33- ~"~ 11-' ÇITY OF DELRAY BEACH IHFILL HOUSING PROGRAM -35- NEIGHBORHOODS TASK TEAM INFILL HOUSING PROGRAM RECOMMENDATIONS 'i"'1.....Q :: ':. L. ç W:. :1 g ~r-:! r~~cm~~~~3t:ons rna1e ";:)1 the ~"=lçhb')ri~,=,ds ~ .....- ':~sr-. 7~arr; 11. ~e:' at i:>115 14 ip :0 :~¿ :nf~ll ~~~s:~g PrJgr~m: 1 T~¿ :--iT'T l.-e:cm¡r.en.j~ tha: St5G,CC'û be ~xp.:nded d'jr lng - . ::3.:al. '!:;:?r .9~C-3!. for ~~flll hJ~Slng pr~;ram 3.,:,t:.vitlas. . Tl:e T3.S}: 'T¿3;n re,;c:::menås :h 3.-: w 1 :~.in t:1e p. 1 ,n.. ':cnl;-.g .. d:'st:'-':'·:::~5 , wt. -:- :-¿ i 1: f ~ II :1': us lng Wlll 'jC ::'J¡- , j l.:·t wi:h 5(: ;',.:¡,.:.'" ----- i:.: :r, ~ ~ge 1: 1;:)·,E.2.dable :md :::ms ldered 3'Jltable and ':ie..:e¡:: tcr- 3fforj3tl~ h:CSl~g. All :che:.- s"=tback ~equlrem¿n:3 must be ~2t. ") ~aT 3UPPO!.-ts the :n3.r:-~:€tlng and pr0mction )f :n f 1. E ..;. 110'lSl_Q fc~ mo¿e:-:H:'¡: 3.:1d :.cev ~ lncome houEeholds. , :\1€ :~TT s UPP'")l-t,:-, .... 'Ña:ver 0: pe¡:mit and l):h¿.:- fees ~. \",le W 1 :llln tte =lty Cornrn13S1C~ s purVlew as an lncentlve rOl- prlvate ~ar:i..::pat:"')ll :n affordable h0Usi:1g efforts. 5. The ~':'':' re,=~mmti!nds t:he creatlon of a fund for the ~,aymen~ c: ~mpa'': t fees to promote and encoürage particlpatlon in a:~ordable h~US1~g. 6. The tIe ighborlloods Tas:I{ ':'eaIr. recommends that Inflll ~çuslng stal~ be a prlcrlty ~onslderation in those areas (Mcs~ p=edom¡na~tly Sout~wes~ 3nd Ner~hw2s~ Delray) where the majority oÏ -:he V3cant :anj cccurs an¿ dl.1e to the nature of the new t~~s:r.g c~r.struction actlvity, will remain as a top pricrlty in ~h~3e nelqhborhoods unt.:.l ':he va·;ant land has been ad.equately placed. back on ~he tax rclls and the area ~as been s~abllized. ..., The Task Team recommends that -:he City cons:der de"elçplng ~ program for the buydown of lnterest to a lower lnterest rat.e f:)r low income family bor=0wers. 8. The Task Team recommends that unsecured and zero percent lnterest rate loans be made ava:lable for all homeownership and rehabilitation programs. 9. The Task Team has rec~mmended that a garden project slmilar to the program in Boynt.on Beach be ~o~sidered for ~se on the vacant lots, in additlon to the Infill Housing Program. 10. The Task Team recommends the sponsorship of a design ;ornpe~lticn which would eliminate normal cost. of design for affordable units. Staff and Jlm Johnson wlll organize and execute the act.lvlties for such a competition. -36- II,;"~ ,,--, ~~~; or DELRAY BEACH INrILL I~G PROGRAM DESCRIPTION rur'Oos..e. With the adoption of the 1990 comprehensive plan, The City commission through Goal Area B of the Housing Element mandated the establishment of a "Rehabilitation strategy" to be composed of programs and activities aimed toward stabilizing and revitalizing areas of the City designated as "Rehabilitation/RevitalizatiOn" areas. Identified as an element of the "strategy" is a program to redevelop deteriorating neighborhoods through an infill housing approach. The Infill Housing program as described below will serve as that component of the Rehabilitation strategy. proaram conce'Ot and Desian The Infill Housing program shall be consistent with the policies and procedures mandated by the Housing Element of the comprehensive plan, specificallY Goal Area a, poliCY a- 2.3 ( f) . The goals of this program are tbreefold: ( 1 ) to provide decent housing opportunities at affordable costs for existing residents who are of moderate income level; (2) to stabilize and preserve neighborhoods through redevelopment, eliminating blight; ( 3 ) to create an atmosphere for a mix of income levels within areas with physical conditions which designate them as stabilization/revitalization areas on the residential categorization map. This program is intended to be quite specific in some areas, yet flexible enough in other areas to allow for modifications when necessary to facilitate accomplishing overall goals. ¡.and InventorY An inventory of existinq vacant parcels within the revit~lization/rehabilitation areas shall be completed by the Neighborhood Housing specialist. The inventory should identify vacant parcels which would meet the minimum and maximum standards for the designated zoning district, ownership, leqal descriptions and proposed costs of any available sights. A map will be created to easily locate available parcels and identify each parcel's ownershiP· -38- Develooer/Contractor Participation The' City will sp~nsor a design competitlon to select 3 or 4 sets of speclflcations and floor plans for affordable units. These plans and spaclfications will be deslgned for 3 and 4 bedroom/2 bath units, created with bUilding materials of the best, yet affordable, quality. With the assistance of a members of the Neighborhoods Task Team, staff !nd other qualified judges, plans and specifications will be select~d based upon established crit~ria and guidelines to be developed specifically fór the competition. A pool of pre-qualified contractors/builders that have bid on these plans and specifications, will be available for the homebuyers selection. Selected contractors/developers will be judged by a selection team composed of Neighborhoods Task Team members, City of Delray Beach staff and other qualified judges. The criteria for selecting d:velopers/builders shall ~nclude: l. Quality of product offered; 2. Cost of product per square foot; 3. Construction experience and track record; 4 . Financial capability of developer/contractor, Le. credit history, ability to obtain construction financing; 5. Track record for ability to produce a structure in a timely manner; 6. Ability of offer a product which meets applicable code requirements. Proposals which provide for mixed residential housing types (zero lot-line, multiple-family, conventional single family housing) will be encouraged. Single units on single lots are acceptable for this program. Subject to approval by the City Commission on a project by project basis, the following items shall be considered as incentives provided by the City of .Delray Beach to developing vacant lots at affordable costs: l. Waiver of Permit Fees 2. Payment of Utility Connection Fees 3. Installation of infrastructure 4. Materials and installation of landscaping -39- .. 5. city Acquisition of suitable land .. (Priority for construction will be given to vacant properties owned by quallfiable residents deslrlnq to replace single family units. Basic acquisitlon procedur~s shall be utlllzed in acquirlng property, adhering to all applicable Federal, State and Local ~egulatlons governing such acquisition. Displacement is not anticipa~ed since this program will concentrate on the substantial vacant parcels of land already existing in the Revitalizatlon/Rehabilitation areas. However, should there occur situatlons where occupied real properties are subject to acquisition for the purposes of this program, the City shall adhere to all appl icable policies regarding displacement. A formal agreement which protects the City's investment and assures the affordability of the product shall be developed and executed between the developer/builder and the City of Delray Beach. Financial Institutions Particication Formal agreements between banking institutions and the City will be required. Willingness on the part of Banks to offer affordable mortgage plans both to developers and potential hornebuyers is essential to the success of this proqram. In order to reduce the cost of the product, City Staff will be trained to ~pre-qualify" potential homebuyers, and when necessary, assist small builders in obtaining construction financing. As a par~ of the qualifying process, sweat equity will be considered as part of the buyers contribution to the total cost. Criteria and supervision of such a program will be developed by staff. A lease/purchase option proqram shall be considered to assist families (persons) who are otherwise unable to qualify for homeownership throuqh participatinq banks. Staff must first examine the options for such a program, Le. supervision of the program and manaqment of the premises if such a proqram 1.S instituted. Assistance from the City Attorney will be required. BUDGET $60,000 has been recommended by the Neiqhborhoods Task Team for the 1990-91 fiscal year. -40- .'. .:;~ I '--':ñ ':E:iJ d 'A3 ~.. :JIU! 0.;:; Fn .4 i~ J IJ . 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NEIGHBORHOODS ASSESSED BY THE NEIGHBORHOODS TASK TEAM DESCRIPTION OF NEIGHBORHOOD BOUNDARIBS Listed below are the area boundaries and categori:atlon for each area as dapicted on the attached map: 1. Southwest 1st Street south to lOth Street Between 10th Avenue and swinton Avenue REVITALIZATION/REHABILITATION ~ Atlantic High School Area - ~ . Gulfstream south to 22nd Street. Between seacrest and Dixie Highway STABILIZATION/REVITALIZATION 3 . 22nd Street south to 8th street Between Swinton Avenue and Federal Highway STABILIZATION REVITALIZATION 4. Northwest - Lake Ida Road to Atlantic Avenue Between 1-95 and Swinton Avenue REVITALIZATION/REHABILITATION 5 . Atlantic Avenue Corridor REDEVELOPMENT 6 . Southwest lOth Street to Linton Boulevard Between 1-95 and Germantown Road REDEVELOPMENT 7 . southeast Atlantic Avenue south to 10th Street Between FEC railroad tracks and Federal Highway REDEVELOPMENT 8. Allen Avenue south to 8th street Between Federal Highway and the Intracoastal STABILIZATION/REVITALIZATION 9. Northeast 8th Street south to Northeast 2nd Street Between Northeast 7th Avenue and the Intracoastal STABILIZATION/REVITALIZATION 10. Silver Terrace Southeast 10th Street south to Delray Mall Between Dixie Highway and Federal Highway REVITALIZATION/REHABILITATION -43- ,.," :1- SOL:.theast lO~h Str-:t::t 3C1.11:h t~ :'.i.:::~n =CJ::':~""~ Eetwee~ S0utheast 4t:: 3~d 2win~çc A~~~~e R~VITAL~ZATI0N'~EHABIL!TA7I)~ 1':. R3.lnbc·w Homes ;Jest ;,f '':onqr~ss Þ"!~:1'.l~ B¿,tween L,?ws'::>I: 3.::d :'1::'::.'. B)ll:_¿'·¡':-:'-~~ .3 ':' A3 ::: :. : Z þ..!'I"J ~ 12. El-eezy Rldç;e ES1:a:es .::: d -.¡ :. s ~:ad 3':'.:"BILI ZATICN 14- I:'elra:' Shore$ S'!A3I:"IZAT!()N . '" J"'~ Ita ..:;, . ..... - ~ tl: Street :ur,:h t.J 3:£1 Street: 38 t:;..¡e~n Swin :·;::n AV:!H:t: 3nd 1:h~ FSC ?all~:ad T~3C~3 STABILIZA':'ION/2EJITA:'I:ATION , ,: La,na t: Avenue ...~. .;venue F south :0 Aven~e H Ee~ween FederÜ :-Hgh·.¡ay and Florida Bo~levard REDEVE~OPMENT :7. A'::antl':: Avenue siJut:h to Southeast lC'th Street 3e:ween Fed~ral Hiltway and t~e Intr3.c¡).3.stal STA3ILIZATIC¡N -44- "." NBIGBBORBOODS TASK TEAM Jean Beer 945 Tropic Blvd 33483 Delray Beach, Fl 272-4231 Planning and Zoning Board Veronica Bowleg 760 S.W. 10th Ave Apt. L5 Delray Beach, FL 33444 243-8218 Area 1 Lillie Harris (Alternate) 1161 S.W. 7th Ct Apt. S24 Delray Beach, FL 33444 Area 1 June Carr 110 Wilson Avenue Delray Beach, FL 33483 272-7023 Area 10 J. Pierre-Paul Cadet 702 W. Atlantic Ave Delray Beach, Fl 33444 276-3000 Haitian Chamber of Commerce Eather Mae Collins 519 S.W. 6th St Delray Beach, FL 33444 278-2887 Area 4 Deborah Dowd 7 N.E. 16th Court Delray Beach, PL 33483 Area 3 276-3991 Wanda Gadson 305 S.W. 9th St. Delray Beach, PI 33444 Area 1 265-3318 William Harris 331 N.E. 8th Ave Delray Beach, PI 33444 278-4952 Area 9 1/31/91 -45- ." Neighborhood Task Team Page 2 Deanna Hartman 2475 Sundy Ave Delray Beach, FL 33444 272-0786 Area 11 Cecil A. (Sandy) Jamison 515 North Swinton Ave Delray Beach, FL 33444 272-7726 Area 15 Jim Johnson Architect 310 S.E. 1st Street Delray Beach, FL 33483 243-1715 Mayor Lynch Frank McKinny 248 N.E. 1 St Ave Delray Beach, FL 33444 274-9696 Area G Bankers Row Joann Peart 107 N.W. 9th Street Delray Beach, FL 33444 276-8968 Timothy Riggs 4822 Lincoln Road Delray Beach, FL 33445 Area N Country Manor Rosetta Rolle Delray Beach Housing Authority 301 N. W. 3RD Ave Delray Beach, FL 33444 276-7680 Dick'Sherme~a Chamber of Commerce 101 s. E. 6th Ave Delray Beach, 33483 276-7300 1/31/9' -46- ." Neighborhood Task Team Page 3 Frank Spence Executive Director Community Redevelopment Agency 1 S.E. 4th Ave Suite 204 Delray Beach, FL 33483 276-8640 Lynn Stokes 1220 Southways Delray Beach, FL 33483 278-7724 Housing Element - Task Force President Dorothy Sutton 101 N. W. 9th Ave De1ray Beach, FL 33444 Work 338-4947 Home 276-4525 Area 4 Elijah Weatherspoon President WAPOA 209 S.W. 2nd Street Delray Beach, FL 33444 278-4240 Steve Wexel 2710 Florida Blvd. Delray Beach, FL 33483 272-2710 Area 16 W. Gene Whi te 801 S. E. 3rd Ave Osceola Park Alice Williams 3889 Dolphin Drive DeIray Beach, PI 276-7904 DeIray Shores 1/31/91 -47- " NEIGHBORHOOD ~ ~ ATTENDANCE 10/25 11/1 11/8 11/15 11/29 12/6 12/13 Jean Beer P P A P A p P Veronica Bowleq P A P P P A P Lillie Harris N/A H/A N/A H/A H/A H/A N/A June Carr P P P P P P A J. Pierre-Paul Cadet P P P A A P P Eather Mae Collins P P P P P P P Deborah Dowd A P P A P P p Wanda Gadson P P P P P P P William Harris P A P P P P A Deanne Hartman P A P .p A P p Sandy Jamison P P P P P P P Jim Johnson P P P P P p P Frank McXinny P p p p p p P Joann Peart P P P P P P P Timothy Riqgs A A A A A A A Rosetta Rolle P - A P P P ALT A Dick Sheremeta P A P P A A P Frank Spence P P P P P P p Dorothy Sutton A P A P A A A - Elijah Weatherspoon P P P P P P P Steve Wexel A A P P P A P Gene White A A A A A A A Alice Williams P p A A A A A - . .. NEIGHBORHOOD TASt( TRAM - ---- AT'l'ENDANCB - 1/3 1/10 1/17 1/24 1/31 Jean Beer p p A P A veronica Bowleg p p p p p Lillie Harris N/A N/A N/A N/A N/A June Carr p A P P P J. Pierre-paul Cadet A p P P A Eather Mae Collins p p A P P Deborah Dowd p P P P P wanda Gadson p p p p p William HarriS p P P A P Deanne Hartman A p P P P Sandy Jamison p p P A P Jim Johnson p p P A P Frank. McKinny p p p p p Joann peart A p P P P TimothY Riggs A A A A A Rosetta Rolle p p A P P Dick. Sheremeta p p A P P Frank. spence p p p P P DorothY sutton A p A P P Elijah weatherspoon p A P P P steve wexel p A A P P Gene White A A A A A Alice Williams A A A A A Citizens' Comments APPENDIX C ... ,,~ "" SUMMARY OF CITIZEN COMMENTS Neiqhborhoods Task Team On 10/10/91, an informal public hearing was held before the Neighborhoods Task Team. The following is a summary of comments received at that meeting. Comment: On page 27 (Policy B-2.3) of the C.H.A.S., reference is made regarding public ownership of vacated substandard structures. Citizen wanted clarification as to how this public ownership would occur. (See Page III-E-24 of Housing Element for original statement) Response: As a policy of the Comprehensive Plan any change to this statement must be handled formally through the Plan amendment process. The statement will be addressed when the Rehabilitation strategy has been formally adopted as an amendment to the comprehensive Plan. As for the CRAS, the statement has been deleted. Comment: On page 5 of the C.H.A.S. there seems to be some inconsistency in a paragraph which references the population of the Haitian community and another paragraph in the Needs Assessment section which predicts build-out population for the year 2000. Citizen felt the population estimate for the Haitian community is far too low. But even with the low estimate, there seems to be a conflict in the average occupancy rate of the Haitian Community and the overall City average. Response: This is not conflicting language. A special census was taken in 1988 and the count represents the result of that census. Also the population of this special group was not enough to make a drastic impact on the decreasing occupancy rate of the City as a whole which has occurred since 1980. Comment: Not enough attention was given to eXisting services available for the Homeless population. Special concern was raised regarding the statement that there are no soup kitchens in Delray. Response: Information on the Food Pantry and the Homeless No More center was added to the CRAS. APPENDIX C ." Palm Beach County Development Team 1555 Pa.lm Beach Lakes Blvd.. Suite 400 West Palm Beach. Florida. 33401 (407) 684-1551 F- ..'-:.~ c,.c:,:7 c~ ] . ... . -- --.------- I , . I \ \ ; " Memorandum ; /. j ~~ j 171991 To: Dorothy Ellington Community Development Coordinator City of Delray Beach From: ~:~;D'l~~~ Palm B aCN . unty Development Team ..- V' Date: October 15, 1991 Re: Comments for Delray CHAS Below are some additional comments for the Delray CHAS which more specifically outline the Palm Beach County LISC program. You may wish to include these comments in the areas of the CHAS which explain strategies, resources and implementation¡ i.e. in Objective C-4, Policy C-4.3 and in Section III, One-year Plan Annual Goals. LISC or the Local Initiatives Support Corporation is a national, nonprofit lending and grant-making institution founded in 1979 to attract private-sector financial and technical resources for the rejuvenation of deteriorated communities and neighborhoods. LISC invests these resources in the economic and physical development of housing, business and industrial programs that are initiated by locally based nonprofit community development corporations or CDCs. The Palm Beach County LISC will provide technical assistance to form CDCs and resources for start-up capital for their individual real estate development projects. 1. The Palm Beach County LISC Revolving Loan Fund The LISC revolving loan fund is available to CDCs throughout Palm Beach County, including the Glades. This a traditional LISC program where a $1 million dollar revolving loan fund is established for start-up capital for CDC real estate development projects, including housing, commercial and industrial development. Half or $500,000 is raised locally from financial institutions and corporations and hal'f is '. matched nationally by LISC. Fundraising for the local loan fund is ongoing¡ however, Palm Beach County has raised almost $250,000 from local corporations. ." Page Two Dorothy Ellington II. The Palm Beach County Development Team A. Sponsors and Structure: LISC is the national sponsor of the Palm Beach County Development Team. Local sponsors include the MacArthur Foundation and the Economic Council of Palm Beach County, Inc. The Development Team is currently housed in the Economic Council. The team consists of a local coordinator, three community organizers and nine technical people which work directly with residents of local coastal communities to form community development corporations. The Palm Beach County Development team program is part of a three site national demonstration program sponsored by LISC. The other two sites are Little Rock, Arkansas and New Orleans, Louisiana. B. CDCs and Federal Housing Policy: CDCs are nonprofit community-based organizations made up of homeowners, renters, business and property owners, social service providers and church leaders from a specific geographic area. They originate locally from the efforts of residents who are determined to revitalize their neighborhoods. CDCs undertake challenges ranging from providing social services to developing low-income housing to initiating commercial and retail activity in areas often abandoned by the market-driven economy. CDCs are recognized nationally as the largest producer of low- income housing in the U.S. This recognition has resulted in the provision that 15% of the new federal HOME funds will be targeted to community housing development organizations. A CDC formed out of the Development Team's efforts in Delray Beach can assist the City in meeting this 15% target under the HOME fund regulations. C. Development Team Phases The following phases will be utilized by the team to form and assist CDCs in six initial coastal communities: Phase One: Community Analysis - Community Organizers conduct interviews with community residents to explain CDCs and determine potential interest in forming a CDC. Interviews are conducted with homeowners, renters, neighborhood associations, businesses and business groups, church leaders, social service providers and major institutions. .'" Page Three Dorothy Ellington Phase Two: Volunteer/CDC Development - If there is genuine interest in forming a CDC, the Community Organizers will seek out potential volunteers to form the boards of CDCs. - Development Team attorney can assist the groups at this stage in applying for state incorporation and applications to the IRS for 501(c)(3). Phase Three: Planning Process - Meetings are held with the CDC to assist them in deciding the process they will use to decide their first project. Phase Four: Planning the Event to Decide Project - The Community Organizer assists the CDC in planning a town meeting or similar event to gather input on potential first projects from community residents. Phase Five: The Event - The Community Organizer prepares the CDC volunteers to run the event and assists in gathering the community's ideas. Phase Six: Project Subcommittee Meetings - Thematic subcommittees are formed by the CDC volunteers to fully research the project ideas presented by the community. The feasibility of project ideas are tested at this phase. - Technical people from the Development Team can be used at this phase to facilitate the subcommittees and keep them on track. - The Community Organizer will staff these subcommittees. Phase Seven: Determination of Which Project Ideas Merit Attention by the Board of Directors - The results of the subcommittees will be presented to the entire board of the CDC, particularly those ideas that have demonstrated potential economic and financial feasibility and site control. - The CDC will decide at this point which one or two project ideas merit further attention and testing. Phase Eight: Detailing Specific Projects and Sites - One subcommittee will then be formed to look at the one or two most promising specific projects and potential sites. - Architects are brought in at this point to help the CDC volunteers better understand the project and do a preliminary site analysis and rough sketches of what would work on a site, including analysis of services, density and cost. .. Page Four Dorothy Ellington Phase Nine: Defining the Specific Market for the Project - The development team will work with the volunteers to determine the market for the project and find the end users, including pre-qualifying potential buyers, etc. - Technical consultants from the team will be used to teach the volunteers how to devise a marketing plan. Phase Ten: Assembling and Presenting a Pre-Development Package - The development team will assist the volunteers in developing and presenting a pre-development package for presentation to LISC for pre-development financing. - The CDC can apply at this stage for funds for site control, architectural fees, engineering fees, site analysis work, etc. Phase Eleven: Assembling and Presenting a Development Package - The team will assist volunteers to gain site control, develop project financial and development plans and put together a development package. I'm also attaching some articles and a chart which outlines the program. I hope you find this information useful in explaining the local LISC program in the Delray's CRAS. Please don't hesitate to call me if you have any questions. Thank you for including the development team in the CRAS process. . .. - I 3: Q) ... 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IS· ~ -. 0 ø ~ - :) .... u - ~ o g' CD Ie - ð' 0 -. 3 C'D g¡ CJ) 0' _ 0 ø ~ CD ~ 0 - ~ø ~_.o o~ ~ ~(þ nQa. = ~a.~~ <' en ~~~ og::lo OZ~C'D... ~~ ~~o-~0~o~~ m ("') a.-<a;I::I"O~'iC C'D-0IU~Ø=OIllO!!¡OOID"~~O _. - ~ ~~ c-a- ~o ~- ~io&iwQ:)n~~8.~8~~ ~&~¡3QZ~~m! (J) "--- ~ :: Q ~; ~ S'?' IU 0 VI Q C'D (:) 0 Õ ~ III ~ ; 3 co ~. - . CD C . 3 -0' 0 Ø:) -c~ -Ø_ "0 ~ ~ m~"- -rg?'<30~ 3:7m~~:)~~ oØ;5 "0 : ~CD~~ ~~œooSoO'C'D 1m ~~=~g ~~~ 0 _. III - ~ ~ - a. '< . ø_3. _1Þ:)oœ,~ø IDU.~!'I,~i' .CD=? ;::¡ "'" "I,' - c-.-=::=::: .. u > ~ - ' . f þ,ß.~~f¡1 DELRAY BEACH . Rent hike sparks tenants' anger I ~ \ 1 ~~)<' j \ L JAIET JAllMM ..nt.........tønes: Maritza Bias, 2, waits while his mother, Gregoria Bias, 18, cooks tortillas for dinner Friday. Bias and others whc in the 400 block of NW 8th Avenue in Delray Beach have complained to the city about the condition of their homes. Residents say landlord must exterminate rats, fix shoddy property before raising rates . BY -.ssA ¥ICIŒRS exposed electrical wiring, and the other . iTAFF'WRITER apartments had even more. Gregoria Bias knew the two-bedroom house , , she shares with seven others was in poor shape "There are defmite violations here, and ~ .", 1 when she moved there. we will send notice to Mr. Farland. He has ,.. ~'It was bad, but very cheap. That's why we 45 days to fix them or face the (code eli- came here, to save money," Bias, 18, said Fri- forcement) board. If they fmd him guilty, day. he will be fined $25 to $250 per day, per vi- olation, until they're fixed," he said. '......:.,.:,:........, ",';',,1.-_ ....;cêé...J_(.,. ''1-.-' ~-;'~""',-, ~ ::'Ij-'-....,~, -~-- ....,----- --..... "- - -- 1;'_-",. . . Farland, who runs a small convenience But rats, roaches and dlS~epa1f became unbea- . store at 400 NW Eighth Ave., said he will rable when the landlord raISed the rent on her be happy to fix whatever is required to apartment and others ~cause of tr8;9h in the meet city standards. yards and too many resIdents, accordmg to no- tices the landlord gave residents. "But I will keep the rent up until all "We .use~ to pay $85 a week, n?w ir,s $125. those extra people get out. I rent for four, If he raIseS It, then. he shou.ld fix thmgs', fumed and some have 10 or 12 people in there. If Bias, ~ho has rats m her kItchen and must. flush the extra ones leave, I'll put the rent back her toilet manually because of faulty plumbmg. where it was," Farland said. Sohn said Bias' home and others in the 400 block of Farland has always been cooperative in the Northwest Eighth Avenue owned by Roy A. Far- past when he's been told to fix things. land were checked by Dekay Beach Code En- forcemen~ Officer MaT!in Sohn Fri~ay afternoon "He won't do anything extra, but he will when residents complamed to the cIty. do what's required. We have too much of lien violations this kind of problem in Delray·Beach. The J housing is bad to start with; add too many JAm..- Bias' home had at least 10 violations, such as people, and you get a bad situat~on that be- Roaches run through Kath holes in walls and floors, faulty plumbing and comes unhealthy," Sohó said.D Valdes' kitchen cabinets. , · " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ é ì/", : SUBJECT: AGENDA ITEM # \2)\ - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 75-91 DATE: October 25, 1991 This is a first reading of an ordinance amending the Land Development Regulations to provide for the issuance of temporary use permits for City operated facilities. Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station on the Blood's property. The Blood's have requested that the property remain Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expires, This ordinance modification would also allow the City the opportunity to create other substations for police, fire, or municipal services at shopping malls and the like. Recommend approval of Ordinance No. 75-91 on first reading. PA5StO I S-r . esA-O 5-0 .," . CITY OF DELIAY BEA[H ~lTY ATTORNEY'S OFFICE . ~ , ," . . .\ ..... ': ¡it:. \\. : ¡. c! ¡-:ro.\ _'. ~~..l - - , . ., Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 25, 1991 To: City Commission )1(V From: Jeffrey S. Kurtz, City Attorney ,j Ordinance No. 75 -91, ~ Subject: Establishment of Temporary Use for City Operated Facilities; File #01-91.017 Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to the circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station site on the Blood property. The Code amendment will allow the temporary fire station to be located on the property without rezoning the property. The temporary site is being annexed into the City in order that we can speed up the placement of the temporary fire station on the premises versus going through the approval process in the County. The Bloods have requested that the property remain Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expired. If the property was zoned Community Facility, the Bloods could not reconvert their property to Agricultural use until such time as the property was rezoned Agricultural. This ordinance modification would also allow the City the opportunity to create other substations for police, . fire, or municipal services and shopping malls and the like. .. Should you have any questions concerning this ordinance, please do not hesitate to contact our office. JSK: jw cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning bloodscc.txt .'. ~ ORDINANCE NO. 75-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.6(HI, "TEMPORARY USE PERMIT", TO PROVIDE FOR THE ISSUANCE OF TEMPORARY USE PERMITS FOR CITY OPERATED FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (HI Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. * 1. Circuses or Carnivals -- City Commission * 2. Uses under a Tent -- City Commission * 3. Sales Offices and Models at a residential development site -- Chief Building Official * 4. Construction trailers and compounds -- Chief Building Official 5. City Operated Facilities -- City Commission Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading . .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~,. FROM: CITY MANAGER " . /r" SUBJECT: AGENDA ITEM # 12 B - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 76-91 DATE: October 25, 1991 This is a first reading of an ordinance annexing land located at the southwest corner of the intersection of Linton Boulevard and Germantown Road with initial City zoning of CF (Community Facilities) zone district, in part, and A (Agricultural) zone district, in part, in order to facilitate the construction of the Fire Station No. S facility. The land to be annexed is a 1.8 acre portion of what is now Blood's Grove. The territory includes both a temporary and permanent site for Fire Station No. 5. The CF zone designation is being affixed to the permanent site, with the Agricultural zone designation being placed on the temporary site and access road. The Agricultural designation is being used at the request of the property owner, who is retaining title to the temporary site, and who will return the site to an agricultural use after the City leaves it. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. , The Planning and Zoning Board will review this item at their November 18, 1991 meeting. Recommend approval of Ordinance 76-91 on first reading. f~ IS(~ £/0 11/ d-h fFI / cl!lJJ ór7 .'" ---- - ~ - -,.._- ORDINANCE NO. 76-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC H, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE 'ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of that part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Begin at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S. 1007 ' 33" , along the West line of said Plat of Foxe Chase, 272.79 feet; thence S. 8 80 5 2 ' 27" W., 200.00 feet; thence N. 1°07' 33" W. , 233.45 feet; thence N. 69035' 37" W. , 170.00 feet; thence N. 20024' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69035' 37" E., along said south right-of-way line, 341. 60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described annexed into the municipal limits of the city of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of De1ray Beach has heretofore been authorized to annex lands in accordance with Section 171. 044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of De1ray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lies contiguous to said City to-wit: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT . ZONING That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: . ". . .~ --- ---- ---. -- ~ -- ---- Begin at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S. 1007' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 8 8 05 2 ' 27" W., 200.00 feet; thence N. 10 07' 33" W., 200.00 feet; thence N. 68052' 27" E. , 22.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Begin at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence N. 69035' 37"W. , along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. 1007' 33" E. , 151.70 feet; thence N. 68052' 27" E., 212.84 feet to the said point of beginning. TEMPORARY SITE - A (AGRICULTURAL) DISTRICT ZONING That part of of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence N. 69035' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 171.60 feet to the point of beginning; thence cóntinue N. 69035' 37" W., 170.00 feet; thence S.200 24'23" W., 110.00 feet; thence S. 69035' 37" E. , 170.00 feet; thence N. 20 024' 23" E. , 110.00 feet to the said point of beginning. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regula- tions has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District CF (Community Facilities), in part, and A (Agricultural) , in part, as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall . immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. -2- Ord. No. 76-91 . .'" --- - --- Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading - . . -3- Ord. No. 76-91 '". c.uw. .. ..,.- - -- J E....AHUEL CATHOUC CHURCH LIU'nn -' oc:v co.¡lII - c DUNCAM . C [lena .. I DrutA' CKW' 3 TO WM tOt TO ~II TOWM ctHTU 'KASI . . UÞ(TOIt ~ IDULn MD §~ toCA-ur i rt..UA J ~ &~ 'c.u . &iIUt _ 04411 c .. - -' - ::II . u FIRE STATION 115 ~:J. t ~ 111111 II'" " I{ ." C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~'---~ ~~ Ä" FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 ORDINANCE RE ANNEXATION FOR FIRE STATION #5 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation action and approval on first reading of an annexation ordinance. The land to be annexed is a 1.8 acre portion of what is now Blood's Grove. The territory includes both a temporary and permanent site for Fire Station #5. The initial City zoning is to be Community Facilities (CF) for the permanent fire station site and Agricultural (Ag) for the temporary site and access portion of the territory. BACKGROUND: The subject of needing a temporary fire station site to serve the southwestern portion of the City and the need to proceed with securing a site for permanent facilities was thoroughly discussed by the City Commission at the time of considering the FY 91/92 ,Budget. A permanent site has been located on a portion of the Blood's Grove property and a temporary site, almost adjacent to it, has also been identified. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. The schedule for land use processing for the temporary site is as follows: * First reading of annexation ordinance . . . October 29th * Planning and Zoning hearing ........... November 18th * Second reading of annexation ordinance . . November 26th * Site plan review by SPRAB ............... Nov 20 or Dec 4 0" · City Commission Documentation Ordinance Re Annexation for Fire Station #5 Page 2 In order to accommodate desires of the property owner who is retaining title to the temporary site and who will return that site to agricultural use after the City leaves it, the Agricultural zone district is being used. Thus, the City property will be C.F.¡ and the private property Ag. In a separate action, provisions are being made to accommodate the temporary use of city facilities on agriculturally zoned land. PLANNING AND ZONING BOARD CONSIDERATION: Because of the timing of events which is necessary to be operational by January 1, 1992, the Planning and Zoning Board has not yet formally reviewed this item. They will consider it at a public hearing on November 18th. At that t:ime a formal determination as to consistency with the Comprehensive Plan will be made. The need for a fire station in this area is identified in the Comprehensive Plan and a location in this general area is depicted on the Future Land Use Map. RECOMMENDED ACTION: By motion, initiation and then approval of this annexation ordinance on first reading with second reading and public hearing to occur on November 26th. Attachment: * Face sheet of P&Z staff report * Ordinance by others DJK/#87/CCFSs.TXT "" PLA'NNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: ~ I PHASt I I "_II - UNTON CAML IAIDAL ..... L W. D. D. TnlPOtIAIY-----"" .~~i¡i!:::·· I~ BOCA-IlAY ~ I'UZA i :ë a: ... >- FOU: a: < CHASE ... ~ N i PtIltWlENf ~ & IlIUm Sm: IIUL.. _ § GENERAL DATA: Owner......................Norman & Carolyn Blood Applicant..................City of Delray Beach, Florida Location. ..................On the southwest corner of Linton Boulevard and Germantown Road. Property Size..............Permanent Site: 1. 085 Acres Temporary Site: .429 Acres Access Easement: .292 Acres Total Site: 1.806 Acres City Land Use Plan.........Mixed Use, including: Low Density 0-5 du/acre, Medium Density 5-12 du/acre, Commercial Core, and Community Facilities. Current Zoning.............AR (Agricultural Residential) Palm Beach County Zoning. Adjacent Zoning............North: ~~(Multi-Family Residential) E~st~ ~(Transltional - Residential > __- - - Densities, County Zoning) ~outh: AR (County Zoning) West: AR (County Zoning) Existing Land Use..........Orange Grove/Nursery Proposed Land Use..........Construction of a permanent fire station\EMS and temporary EMS facility. Water Service..............Existing 12" water main along Germantown Road, and an existing 10" main along Linton Boulevard. Sewer Service..............Existing 8" sanitary sewer line in the western end of the Spanish Wells Subdivision. ." - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER/>t~ t FROM: SUBJECT: AGENDA ITEM # '2 C - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 77-91 DATE: OCTOBER 25, 1991 This is first reading of an ordinance amending the Charter by making revisions to Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor", to provide for a change in the length of Commissioners' terms from 2 to 3 years. The term increases would begin with the 1993 and 1994 elections and, if approved by the voters, there would not be an election every year. This ordi- nance also provides for a referendum election to be held on March 10, 1992, and the ordinance shall not be effective unless same is approved by a majority of the electors of the City voting at the election. Recommend consideration of Ordinance No. 77-91 on first reading. 1#~ ) ~ij/I P , (, III'" . tlTY DF DELRAY BEA[H ? '1' 1 fTORNEY'S OFFICE . .'.'. ì ;;: ..:: : ¡ .: _\ ' ...... , ; , . writer's Direct Line (407) 243-7090 MEMORANDUM Date: October 25, 1991 To: City Commission David Harden, City Manager - Assistant City Attorn~ .Ft·orn : David N. 1'olces, Subject: Charter Revision - Increase Terms from Two to Three Year This charter revision 'dould increase the terms of all CommissIoners from t_\vO to three years. The term increases would begin with the 1993 and 1994 elections. If this ordinance lS approved by the voters, there would not be an election every year. DNT : s h At"t.dctunent charter4.txt ... - to be held on March 10, 1992 for the purpose of approving or dis- approving Section 1 of this Ordinance. If a majority of the electors voting upon such question approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendment ( s ) , then the arnendment(s) shall be null and void. The question to be submitted ~o the electors at such election shall be substantially as follows: INCREASING THE LENGTH OF TERMS OF OFFICE FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO INCREASE THE LENGTH OF TH:!: TERM OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO (2 ) YEARS TO THREE (3) YEARS COMMENCING WITH THE ELECTIONS IN 1993 AND 19947 YES For Approval NO Against Approval Section 3. That upon approval of this Ordinance by the electors as aforesaid, all ordinances or charter provisions or parts of charter provisions in conf lict with shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. A'I"I'EST: MAYOR City Clerk First Reading Second Reading .. 2 ORD. NO. '~"I · - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS _ 1 FROM: CITY MANAGER' '< SUBJECT: AGENDA ITEM # ,~J) - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 78-91 DATE: OCTOBER 25, 1991 This is first reading of an ordinance amending the Charter by making revisions to Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor", to provide for a change in the length of Commissioners' terms from 2 to 3 years with an election to be held every year, commencing in 1993. Consequently, this ordinance will result in a staggering of elections during which two Commissioners will be elected in one year, two Commissioners elected in another year, and the Mayor elected in another separate year. This ordinance also provides for a referendum election to be held on March 10, 1992, and the ordinance shall not be effective unless same is approved by a majority of the electors of the City voting at the election. Recommend consideration of Ordinance No. 78-91 on first reading. ¡ll.:J~on to uJtfhclerfuJ on IS! eE:.A.DlnG- PPt55Eû 5-0 &r~ 0:nw.f//LIJ¿W) /¡; jYl~ wdA r~ QO/ JJ.d- jccI¿ ú'-µ Od. ¡'lo. 77-9/ L¡·.e'J Y-Luu.- Wtx.d.dL mo¥-!vL WJu ~ ~ c.¡ßac) '" - CITY DF DELRAY BEA[H GJTY ;1TTOHNEY'S OFFICE .'~.'" °1 ',~ . ,\: H, l-- 1. C ¡·u [) ,.\ :;.\.:.:..t MEMORANDUM DATE: October 25, 1991 TO: city Commission David Harden, City Manager Assistant City Attorn~ FROM: David N. Tolces, SUBJECT: Charter Revision - Increase Terms From Two to Three Years, Election Every Year The Charter Revision will result in all Commissioners being elected for three year terms. It was the idea of the Charter Revision Committee's idea that elections should occur every year and that a majority of the City Commissioners never be elected at one time. Consequently, this ordinance will result in a staggering of elections during which two commissioners will be elected in one year, two commissioners elected in another year, and the Mayor elected in another separate year. If this ordinance is approved by the voters, the following would be the election schedule for the Mayor (M) and Commis- sioners (C) . 1992 '93 '94 '95 '96 '97 98' '99 CI C1 C1 C2 C2 C2 M M M M C3 C3 C3 C4 C4 C4 DNT:ci Attachment "'" "I" WITHDRAWN ON FIRST READING 10/29/91 ORDINANCE NO. "75 - 9 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "LEGISLATIVE" , SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE- MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.0l(a) TO PROVIDE FOR A Cw,NGE IN THE LENGTH OF COMMISSIONERS I TERMS FROM 2 TO 3 YEARS; TO PROVIDE FOR AN ELECTION EVERY YEAR COMMENCING IN 1993; PROVIDING FOR A REFEREN- DUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor", Subsection 3.0l(a) of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended to read as follows: Section 3.01 COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR. (a) There shall be a commission with all legislative powerŠ-Õf the city vested therein. The Commission shall be composed of five (5) commissioners, all of whom shall be qualified electors and have such other qualifications as are prescribed by law, one of whom shall be duly elected mayor, all of whom shall be elected at large for a term of ~we-t~t three (3) years in the manner provided in this charter. The mayor and commissioners shall assume office on the last Thursday in March following their election or on the last Friday in March should the last Thursday fall on a legal holiday. In the event a vacancy shall occur in the office of mayor, the vice-mayor shall automatically become mayor. In the event a vacancy shall occur in the office of vice-mayor, the deputy vice-mayor shall auto- matically become vice-mayor, and a new deputy vice-mayor shall be selected by the commission. ~e-t%t-eemm~ss~e~ers-saaii-be eiee~eà-~~-eve~-~~ereà-years,-aaà-~we-t%t-eemm~ss~eaers-saaii ðe-eiee~eà-~a-eàà-~~ereà-years, Two (2) commission seats with terms expirinq in 1993, shall be filled by election in 1993 and in 1995, and every three (3) years thereafter, the two (2) commission seats expiring in 1994, shall be filled by election in 1994 and every three (3) years thereafter, and the one (1) commission seat desiqnated as the mayoral seat, shall be filled by elections in 1994, and 1996, and then every three (3) years thereafter unless a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or terms shall be elected or appointed as herein provided, in order to carry out the intent and meaning of this charter. Furthermore, the commissioner shall be elected for a ~we-t%t three (3) year term, whether by regular election or election to fill a vacancy in the office of the commissioner, and without regard to whether such election is held in an even or odd numbered year. . WITHDRAWN ON FIRST READING - 10/29/91 .," . Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 10, 1992, for the purpose of approving or dis- approving Section 1 of this ordinance. If a majority of the electors voting upon such question approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendment, then the amend- ment shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: INCREASING LENGTH OF TERMS OF OFFICE FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO INCREASE THE LENGTH OF THE TERM OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO (2 ) YEARS TO THREE (3 ) YEARS MAINTAINING A MUNICIPAL ELECTION EACH YEAR? YES For Approval NO Against Approval Section 2. That upon approval of this Ordinance by the electors as aforesaid, all ordinances or charter provisions or parts of charter provisions in conflict with shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 7'8-'1/ . WITHDRAWN ON FIRST READING - 10/29/91 .. ~. - . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS J '\;.., FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 12 E - MEETING OF OCTOBER 29, 1991 79-91 ..- ORDINANCE NO. DATE: OCTOBER 25, 1991 This is first reading of an ordinance amending the Charter by amending Section 5.02, "Types of Elections", and Section 5.04, "Elections Generally", to provide for the abolishment of Second Non-Partisan ( Run-off) Elections, except in the event of a tie. The candidate receiving the highest number of votes would be elected to the office for which he or she is running. This eliminates the requirement that to be elected, a candidate needs more than 50% of the votes cast. This ordinance also provides for a referendum election to be held on March 10, 1992, and the ordinance shall not be effective unless same is approved by a majority of the electors of the City voting at the election. Recommend consideration of Ordinance No. 79-91 on first reading. . IS{ Rø;ÞtIJ .) ~~ \ . ~ Iq ~ {Ol~. ~ 6f111 ~ pH ¡)~D 10 III'" ~ L ... ,. - tlTY OF DELRAY BEACH ~: ! \ rTORNEY'S OFFICE 1._.' \..~ '\~"Il ~¡ :,: L\ .-\ "~-~..:. , ~ MEMORANDUM DATE: October 25, 1991 TO: City Commission David Harden, City Manager FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Charter Revision - Elimination of Second Non-Partisan Election This Charter Revision would allow for the candidate receiving the highest number of votes to be elected to the office for which he or she is running. In the event of a tie, a second election would be held. This eliminates the requirement that to be elected, a candidate needs more than 50% of the votes cast. DNT:ci Attachment '"' lit", '( ... ORDINANCE NO. 79 - g I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 5.02, "TYPES OF ELECTIONS", AND SECTION 5.04, "ELECTIONS GENERALLY" , TO PROVIDE FOR THE ABOLISHMENT OF SECOND NON-PARTISAN ( "RUN-OFF" ) ELECTIONS EXCEPT IN THE EVENT OF A TIE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A REPEALER . CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Article V, "Elections", Section 5.02, "Types of Elections", Subsection 5.02(a) and Section 5.04, "Elections Generally", of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended to read as follows: Section 5.02. TYPES OF ELECTIONS. (a) Types of elections. Elections to be held in the city shail-ee-e~~her-r~rs~-fteftpar~~saft;-seeeftà-fteftpar~~saft-er-spee~al aftà-~hey shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (1) F~l'se ~onpartisan elections shall be held on the second Tuesday in March of each year for the purpose of electing officers of the ci ty and such other purposes as the commission may prescribe. (2 ) In case of a tie in the nonpartisan election, a second nonpartisan election shall be held'ï-~r-fteeessary;-eft-~he-£e~reh ~esàay - ~ft - Mareh - er - eaeh - year - reI' - ehe - p~I'pese - er - eleee~ft~ errieers-e£-~he-eiey-aftà-s~eh-eeher-p~rpeses-as-ehe-eemÆ~ssiea =ay-pI'eseI'~ee7' (3 ) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special elections. Section 5.04. ELECTIONS GENERALLY. (a) Number of votes p~r elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of conunissioner and shall also be entitled to one vote for a candidate for the office of mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate·. - (b) Ma;eI'i~y Highest number of votes to elect in first nonpartisan election. (1) In eae a r~I's~ nonpartisan election, a candidate for each of the seats on the ballot for the offices of conunissioners or for the office of mayor who receives the highest number of votes even if it is not a majority of the votes cast by rl'em-a ma;eI'iey-e£ all electors casting ballots for that office shal] - be declared to be elected to the office for which he or she is , · candidate7--provided, however, notwi~hstanding the foregoing provision, should two or more candidates tie for the hiqhest number of votes from all rie -eal'làiàate - reeeive - vetes - ~relft - a Iftaterity - e~ - all electors casting ballots for that seat for commission or for the office of mayor, then the twe candidates receiving the highest number of votes shall be declarèd candidates for the second nonpartisan election. (2) In the event that not more than one person qualifies as a candidate for each of the seats for the offices of commis- sioners or for the office of mayor in the H:rst nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself/herself; provided, further, that in the event that no person qualifies as a candi- date for any particular seat for the office of commissioner or for the office of mayor, then those seat(s) for the office of commissioner or for the office of mayor shall be declared vacant and it shall be the duty of the members of the commission who are seated following the organizational meeting provided for in Section 3.01 of this charter, by majority vote to appoint a qualified person to fill the vacancy. Such an appointed member to fill a vacancy of a seat for the office of commissioner shall serve until the last Thursday in March following the next regular city election or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular city election in the manner provided for in this article of this charter. For a vacancy occurring in the office of mayor, the appointed member shall serve until the last Thursday in March following the next regular city election, or until the last Friday in March should the last Thursday fall on a legal holiday, and a new election shall be held at the next regular city election for a full two-year term as provided for in this charter. (c) Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of commissioner or for the office of mayor for those offices wherein candidates tied for the hiqhest number of votes àià-~et reeeive-vetes from a-Ifta;erity-e£ all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second non- partisan election shall be the candidates which tie for the highest number of votes twe-hi~hest-vete-~etters-e£-the in the ~irst nonpartisan election. rl'l-the-evel'lt-e£-twe-t~t-er-Iftere eal'làiàates-reeeivil'l~-al'l-e~al-ri~er-e£-vetes-whieh-are-either the - hi~hest - er - seeel'là - hi~hest - vet~s - iri - the - ~irst - riel'1!'artisal'1 eleetie1'l7-thel'1-all-s~eh-tieà-eal'làiàates-shall-~ali£y-~er-ehe seeel'là-l'1el'l!,artisal'l-eleetiel'1T (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for .. each vacancy for a seat for the office of commissioner or for the office of mayor to be filled, then the second nonpartisan election shall not be held. Each candidate shall be deemed to have voted for himself/herself. (d) Method of election in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest nwnber of votes for each sea~ for the office of commissioner or for the office of mayor. 2 ORD. NO. II~ ," - "- Section 2. That Section 5 of this Ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 10, 1992 for the purpose of approving or dis- approving Section 5 of this Ordinance. If a majority of the electors voting upon such question approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendments, then the amendment shall be null and void. The question to be submi t.ted to the electors at such election shall be substantially as follows: THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY. SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO PROVIDE THAT A CANDIDATE FOR THE OFFICES OF COMMISSIONER OR MAYOR WHO RECEIVES THE HIGHEST NUMBER OF VOTES EVEN IF IT IS NOT A MAJORITY OF VOTES CAST FOR THAT OFFICE BE DECLARED TO BE ELECTED TO THE OFFICE FOR WHICH HE OR SHE IS A CANDIDATE, AND TO PROVIDE FOR A SECOND NON-PARTISAN ELECTION IN THE EVENT OF A TIE? YES For Approval NO Against Approval Section 3. That upon approval of this Ordinance by the electors as aforesaid, all ordinances or charter provisions or parts of charter provisions in conflict with shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole·or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading ... 3 ORD. NO. .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS '-t !'-/ , FROM: CITY MANAGER ( , SUBJECT: AGENDA ITEM # 12 F - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 80-91 - DATE: OCTOBER 25, 1991 This is first reading of an ordinance amending the Charter by enacting a new Subsection 3.01(c) to provide for a limitation of six (6 ) consecutive years of elected service for Commissioners. After six ( 6 ) consecutive years of elected service, the individual will be required to wait one year to run for any Commission seat, including Mayor. This ordinance also provides for a referendum election to be held on March 10, 1992, and the ordinance shall not be effective unless same is approved by a majority of the electors of the City voting at the election. Recommend consideration of Ordinance No. 80-91 on first reading. ql'1l 101 ?-' f}/ptÞ1ì r1 ) C AnofØ" "ßr7¡1q JI9 ,~ ,U tlTY DF DELIAY BE~[H ';TYATTORNEY'S OFFiCE ' ,., .. :! , :. \ 4·... writer's Direct Line (407) 243-7090 MEMORANDUM Date: October 25, 199.l 'rCì : City Commission Da.vid Harden, Cit.y Manager Assistant City Attor~ From: David N. Tolces, Subject: Charter Revision l'his charter revision would place a SlX year limitation on the number of years an individual could serve as a mayor or commissioner. After .six consecutive years of elected serVlce, the individual will be required to wait one year to run for any commission seat, including mayor. DN'l': s11 .;, t tachment. charter5.txt .. 'II'" ,____ ~\~( r'Tt ' _ ,_" - ORDINANCE NO. 80 -<1/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB- SECTION SECTION 3.0l(c), TO PROVIDE FOR A LIMITA- TION OF SIX (6 ) CONSECUTIVE YEARS OF ELECTED SERVICE FOR COMMISSIONERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor", of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments thereto be further amended by enacting a new subsection 3.0l(c) to read as follows: (c) The indiv'idual commissioners and mayor shall be prohibited from holdinq office for more th~ six (6) consecutive years. This 11mi tat ion shall apply to I years served by the commissioners elected in 1994 and 1995, the mayor elected 1996, and every election thereafter. The term "holdinq offit shall be defined as servinq as commissioner or mayor. The teLl1I "consecutive years" shall not include any years served as a result of an appointment. An individual who has served six consecutive years of elected service shall not be appointed or elected to any commission or mayoral seat for a period of one year from the date on which his or her last term expired. Section 2. That Section 3 of this Ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 10, 1992 for the purpose of approving or dis- approving Section 3 of this Ordinance. If a majority of the electors voting upon such question approve the amendment, then the amendment shall be in full force and effect. If a majority of. the electors voting upon such question disapprove such amendment, then the amend- ment shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO LIMIT THE TERMS OF COMMIS- SIONERS AND MAYOR TO SIX (6 ) CONSECUTIVE ELECTED ... YEARS IN OFFICE, AND TO PROVIDE FOR A ONE-YEAR PERIOD DURING WHICH AN INDIVIDUAL WHO SERVED SIX (6) CON- SECUTIVE ELECTED YEARS MAY NOT BE REAPPOINTED OR RUN FOR ELECTION? YES For Approval i I~ 'II NO Against Approval Section 3. That upon approval of this Ordinance by the electors as aforesaid, all ordinances or charter provisions or parts of charter provisions in conflict with shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading i . .. 2 ORO. NO. I ,. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ,. FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 12 (t - MEETING OF OCTOBER 29, 1991 .. ORDINANCE NO. 82-91 DATE: October 25, 1991 This is a first reading of an ordinance amending the Land Development Regulations to provide for a line of demarcation, west of which the use of Municipal water for irrigation purposes is prohibited. The line will be extended westward. The area in which Municipal water can be used now includes the area east of 6th Avenue. The proposed line is along I-95 from the north city limits to S.W. 10th Street, then east to S.W. 4th Avenue, then south along S.W. 4th Avenue (and extensions thereof) to the south city limits; or a line in proximity thereto. Additionally, this ordinance contains a provision for exceptions due to special circumstances. The Planning and Zoning Board at their October 21st meeting recommended approval. Howeve r , they expressed some concern with regard to an increase in the per capita demand prior to altering our targets for per capita reductions (Comprehensive Plan policy) ; and, the potential for increasing demand beyond our supply and/or processing capabilities. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 82-91 on first reading. p~ ---- /5 I f2v:ufL 5-0 PI1! :JnD em JI!''i/CY/ ,~ ," · ... . . C I T Y COM MIS S ION DOCUMENTATION TO: ID T. HARDEN, CITY MANA9ER QV~Ò ~'-Xlcr- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 L.D.R. TEXT AMENDMENTS (Landscaping & Water System) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of two separate ordinances which amend portions of the LDRs. BACKGROUND: One of the Ordinances amends that portion of the LDRs which establishes Design Standards for Lawn Grass. This item has applicability to single family homes. It is proposed in response to actual application of new standards adopted with the LDRs. The intent is to reduce direct dollar impact to the homeowner (buyer) without significantly diminishing our water conservation and xeriscape objectives. The other Ordinance amends that portion of the LDRs which establishes a line, west of which there is a prohibition on the use of municipal water for irrigation purposes. Due to several factors (salt water intrusion moving westerly & character of development - relatively small lot - in the expansion area), it is appropriate to move the line westerly. A related item is the broadening of the exception provisions by accommodating an exception by special circumstance. For good and sufficient cause (some examples provided), the City Engineer, with concurrence of the Chief Building Official and Director of Planning, may grant exceptions to the prohibition requirement. - PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of October 21st. On both ordinance items, the Board recommended unanimous approval (7-0); and found the proposals to .be consistent with the Comprehensive Plan. However, they did raise the following. .'" , . City Commission Documentation L.D.R. Text Amendments (Landscaping & Water system) Page 2 Re: Lawn Grass - the increase in sod area may increase the use of water for irrigation purposes; but that the increase is not so significant to be contrary to our water conservation and xeriscape objectives. Re: Water System - Concerns involve creating an increase in per capita demand prior to altering our targets for per capita reductions (Comprehensive Plan policy) ; and, potent_ial for increasing demand beyond our supply and/or processing capabilities. With the former, it is anticipated that the increase will not be significant given the character of the area which will now be exempted. With the latter, again, it is not anticipated that relocation of the line and the special circumstance waiver will result in a significant increase in demand but that before any further similar actions are taken, a (water) demand analysis will need to be provided. RECOMMENDED ACTION: By motion, approval of each ordinance on first reading and establishing public hearing dates for November 12, 1991- Attachment: * Memo from the City Horticulturist re Lawn Grass Standards * Ordinances (by others) DJK/#87/CCTEXT.TXT ... . ORDINANCE NO. 82-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA- STRUCTURE IN PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.10, "WATER SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 6.1.10(B)(5), "PROHIBITION ON USE OF CITY WATER FOR IRRIGATION", TO PROVIDE FOR A LINE OF DEMARGATION, WEST OF WHICH, THE USE OF MUNICIPAL WATER· IS NOT ALLOWED FOR IRRIGATION PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Chapter 6, "Infrastructure in Public Property", Article 6 .1, "Design Standards and Requirements", Section 6 . 1. 10, "Water System" , Subsection 6.1. 10 (B) , "Design Standards" , Subsubsection 6.1.10(B)(5), "Prohibition on Use of City Water for Irrigation", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (5) Prohibition on Use of City Water for Irriqation: The use of City water for irrigation purposes shall not be allowed except as provided for herein. (a) Exception - East of I-95: Separate vegetation water meters for the purpose of watering or irrigating of vegetation or other plant life shall be permitted eas~-e£-N~8~-6~he-Avenue-and ±~s-ex~ens±en-eu~s±de-~he-e±~y,-er-a-line-±n-prex±- m±~y-~here~e-as-may-be-es~ablished-by-~he-Birec~er e£ - H~±l±~±es~ in an area east of a line which approximates I-95 from the north city limits to S.W. _ 10th Street, then east to S. W. 4th Avenue, then south alonq S.W. 4th Avenue (and extensions thereof) to the south city limits; or a line in proximity thereto as established by the City Enqineer. (b) Exception - Chloride Content: A separate vegetation water meter shall be permitted west of N~8~ - 6th Avenue, the line described in Section 6 .1.10(B) ( 5) (a) . above as - described - ±n - subsectien fa), where the Director of Utilities determines that the chloride content of the on-premises or available groundwater is such as to be deleterious to vegetation or to other plant .life. (c) Exception - Sinqle Family Homes: Use of City water . for irrigation purposes may be allowed for a single family home located on an individual lot or in a subdivision where a restriction of such use has not been imposed during development approval. (d) Exception - Special Circumstance: The use of City water for irriqations purposes may also be allowed on a case by case basis (anywhere in the City) where and when appropriate for qood and sufficient purposes, and when there will be no adverse effects upon the municipal water system. Such approval may be qranted only by the City Enqineer with the .,. . . concurrence of the Chief Buildinq Official and the Director of Planning and Zoning. Good and suffi- cient purposes may include, but are not limited to: situations where the area to be irrigated is small in size, the sidinq of a well is not appropriate, or the demand on the water system is minimal. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading . .. 2 ORD. NO. 82-91 -........ [ITYDF DELRAY BEA[H . CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer I s Direct Line (407) 243-7092 MEMORANDUM Date: October 29, 1991 To: city Commission City Attorney ~~ From: Jeffrey S. Kurtz, Subject: Lavers We have received the catalog of properties to be included in the December 12, 1991 FDIC auction. Copies of some of the relevant pages explaining the bid process are attached. (Pgs. 3, 4, ,.. 6 r 7, 8, 9, 36, 37, and 38). ::1, The city Attorneyts Office has requested a due diligence package on the Laver(s property. In order to bid on the property, we must have a cashier1s check for $50,~OO in hand, along with appropriate registration forms. -- It does not appear that portions of the property will be available to bid on, rather the entire north side of the Laver's is to be auctioned off. The FDIC is not guaranteeing marketable title to the property, therefore, a full title search should be made prior to bidding on the property. The FDIC(s marketing strategy on Lavers is interesting in that they have categorized it a hotel rather than multi-family residence. Included in the auction are 21 other Florida properties with the bulk of the auction properties being located in Texas and California. Further information will be transmitted to the Commission upon receipt of the due diligence report. Should you have any questions, please do not hesitate to contact our office. JSK:sh Attachments cc: David Harden, city Manager Joseph Weldon, Director of Parks and Recreation lavers-1.txt """ CATALOG OF PROPERTIES ...... .. . ~........." ~ -- . FDIC NATIONAL REAL ESTATE AUCTION Over 175 CommercialProaherties in 25 States With a Total Appraised Vc ue of $500,000,000 TABLE OF CONTENTS - A Message Regarding the FDIC Property Auction.............................................4 A Guide To Auction Procedures ..................................................................5 Auction Satellite Locations.............................................;.............................5 Hotel Properties ...... .............. ........ ....:.............................. ........... ......... 6 - 9 IndustrialProperties ............. ................... ....................... ..... ............. ...10 - 13 Multi-Family Properties ......... .................. ........................ ...... ............ ...14 - 19 Office Buildings.... ................. ................... ..................... .......... ..... ........20 - 27 Retail Properties ....... ...... ................. ............. ........ ....... ................... ....28 - 35 Terms and F1I\aI\cing ...........................................................................36 - 37 Directions to Auction Site ........ ........ ............. ............................. ............... ..38 -- .-., ." . _ ~,.. ____ _'- ,w.·._ .,.,.....-~_._"'-..~_.~_.. .' .', .. ~''''.. ":,'.,, -. -..¡..,-..,....; ,~... --'.'. Brubb5Ellis I .;e~.. . ......... . I ! I I On behalf of our client, FDIC (Federal Deposit Insurance Corporation), the Grubb & EllisjRoss- ~ ¡ I Dove Company Real Estate Auction Partnership welcomes your interest in our December 12, 1991 national commercial properties auction being conducted in Dallas, Texas. The offering will include 182 properties located across America and range in value from $1 million to $10 million in 25 states. The listings are as follows: 20 Hotel properties 10 Industrial properties 42 Multi-family units 66 Office properties 44 Retail properties The auction offering will be conducted live in Dallas, Texas on December 12, 1991. An open out-cry bid offering will be conducted by Ross-Dove Company, Inc. with satellite host sites available for your : bidding convenience in Orlando, Florida; Denver, Colorado; Boston, Massachusetts and Los Angeles, California. Prior to the auction, knowledgeable Grubb & Ellis and Ross-Dove Company personnel will be conducting informational"How to Bid at Auction" seminars in the above cities starting in early November. If you are interested in attending one of these seminars, please contact your Grubb & Ellis agents and they will advise you of the times, dates and locations. --- The FDIC Ms.£i.2<ed rate non-recourse fmancing available on all properties with 25% and 35% down payments. You will find specific information in the auction terms and financing section. Individual Due Diligence Packages will be available for each property and can be obtained by contacting Grubb & Ellis at the auction headquarters in Dallas, Texas which is located at 2001 Bryan Tower, 26th Floor, Dallas, Texas 75201- (214) 978-9104 or (800) 767-5590. Each property has been assigned a property-specific real estate agent from Grubb & Ellis who is intimately familiar with that property. The agent's telephone number is included in this catalog and we urge you to contact them directly. Individual appointments and tours of these properties will be set up by the property-specific agents. J, The next several pages of this auction catalog will provide procedures, terms and conditions of the 1 ji offering, a brief guideline to the bidding process, and should answer any remaining questions. 1£ at any F -I time you feel the partnership can further guide you through this process, please contact Ross or Kirk 1 ! Dove at the Ross-Dove Company corporate office at (415)571-7400 or Charles McKinney, President, ! Grubb & Ellis, Special Assets Services at (214) 748-9171 or (800) 767-5590. i il We thank you for your advance interest and look forward to your participation in this FDIC National ,it j - Real Estate Auction. t 1 1 It ¡ -,.. "." -"'. -,- 01'11 I FDIC NATIONAL AUCTION ;.: ...;010.. t! . . ~~ .......t :~ . A GUIDE TO AUCTION PROCEDURES .' 1. Obtain a due diligence package for a specific property by contacting the National Auction Marketing Center at (800) 767-5590 or (214) 978-9171. Please be prepared to give the property catalog number. The cost of each due diligence package is $25.00. You can make payment by giving your VISa or Mastercard number to the customer service representative or by mailing your request with a check made payable to Gmbb & Ellis Co. at: Gmbb & Ellis National Auction Marketing Center, 2001 Bryan Tower, 26th Floor, Dallas, Texas 75201. I The due diligence packages will include some or all of the following information: property decriptions, photos, maps, operating ¡ statements, preliminary title reports, phase I toxic studies and lease summaries. Additionally, the following documents will be I included: purchase and sale agreements, loan documents, national ORE bidder's eligibility agreements, seller financing I application forms and auction registration forms. ~~{' I 2. Review the purchase and sale agreement and loan documents. These documents will have to be executed by the successful I bidder upon conclusion of the auction. A person with authority to execute the purchase documents must be present at the auction. 3. Registration to bid will begin 3 hours prior to the auction, or you can preregister by calling (800)767-5590 or (415) 571-7400. Please be early so that the auction can begin on time. At the time of registration, you will need to bring a cashier's check in the , amount of $50,000 for every property you intend to purchase along with the following documents: a. Registration form (included in the due diligence package or available at the auction) b. National ORE Bidding Eligibility Agreement. This document must be executed by a duly authorized person representing the buying entity. If the representative is a corporation or trust, authority should be attached. 4. If you are a broker and wish to receive a 1% C9Qperating broker fee by representing a buyer at the auction, or if you wish to be represented by a broker, you will need to request a cooperating broker registration form from the National Auction Marketing Center. This form must be executed by both the cooperating broker and its principal, and delivered to the Auctioneer by December 6th at 5:00 PM. 5. Bidding will begin at 12:00 Noon, Dallas time. If you are the successful bidder for any property, you are required to execute the purchase and sale~ent at the conclusion of the auction. If you will be applying for seller financing, three business days will be allowed tO~Ì'lete the loan application forms and return them to FDIC immediately after the auction, unused deposit fees will be returned. 6. The purchase contracts require deposits to be increased by 5:00 P.M. Monday, December 16th in the amount equal to 20% of the purchase price (if the buyer is applying for seller financing), less the amount of the initial $50,000 deposit, or 10% of the purchase price less the initial $50,000 deposit, if the buyer will be obtaining outside financing or purchasing all cash. Thirty days will be allowed to close the purchase transaction. If seller financing is denied, good faith deposits will be refunded. Attend Our ''How to Bid at Auction" Seminars Throughout November in Dallas, Los Angeles, Denver, Boston and Orlando. Call: (415) 571-7400 or (214) 978-9104 or (800) 767-5590 for More Detailed Information. FDIC¡ -~-- NATIONAL COMMERCIAL PROPERTIES AUCTION Thursda)', December 12, 1991 Fairmont Hotel· Dallas, Texas SATELLITE AUCTION LOCATIONS AT: Marriot Hotels in: Los Angeles, Denver, Boston and Orlando -- "" BrubbfrEllis ¡ , t-::,.. -...... .. : . ........ ~ i . , : : Dear Investor: The hospitality section of this Auction Portfolio includes . , 20 hotel properties ranging from resort complexes to airport, business I and suburban hotels. The properties in this portfolio should be_c.. ~... I I attractive to institutional investors and national, as well as regional hotel operators. These hotels are currently being operated under the £lags of industry leaders such as: Hilton, Radisson, Holiday Inn, Days Inn, Knights Inn and others. The hotel facilities range in size from several hundred room full service Hilton Hotels to 20-unit Victorian Boutique Hotels from California to Florida. Non-recourse seller financing is available on each property to qualified investors. A specialist from the Grubb & Ellis Hospitality Services Group has been assigned to each property. 1 : If you have an interest in a specific hospitality property, please call The-specialist identified in this catalog or myself at (602) 224-4400, ~ ! ~nsion 239. We will be happy to assist you with the auction process. r I ,1 ~~~ J ¡ Bruce E. Gillespie ¡ Marketing Director, Hospitality Properties ¡ I I í , j j ¡ ! ! i I! , , ~ I : I Ii ( . _ 11 .1 "" HILTON )(- [ JJ lT11fD1U¡ Ll : U ~··r-J·- ... ~.(..J In<''- ~ .. -. :-... .; J.,.... Tl1::.rllr\ { ¡~ ¡ "l 11 nJ,I. ~imrnlim1UØI ", .-JJ R: '~t.iï::-;;.,~ : - " H'~ ]J -..í-': ~ ; n,JI~'I':'~~ ~ :~n:ì .J ~n I 1 ~ !'"iITTTT1'Tn~ mT1~1 '. ., ~T ¡:;:fi; HD~ AUCTION TERMS & FINANCING ..-4- . ~-.<f . This brochure generally describes the auction of behalf and to represent and bind the bidder for completeness of any information contained in this improved real properties ("properties") owned by the purposes of the Auction generally. brochure, Additional Information or "'How to Bid Federal Deposit Insurance Corporation in its various 4. Announcements made by the Auctioneer on the at Auction" seminars. Each prospective purchaser capaåties ("Seller"). The auction will be conducted by date of the Auction take precedence over all prior must conduct and rely upon its own investigation Ross-Dove Company ("Auctioneer"), an independent oral or written tenns and conditions. The of the properties. Each bidder shall be deemed to contractor of Grubb & Ellis Asset Services Co. Auctioneer may postpone or cancel the auction, represent, warrant and agree that (i) such bidder ("Agent"), who is acting as agent of Seller. rearrange the order of the auction, modify auction has examined the property and is familiar with the The Auction is scheduled for December 12. 1991, terms and conditions, reject any or all bids and physical condition thereof and has conducted such beginning at 12:00 noon, at The Fairmont Hotel, advance the bidding. In the event of a dispute investigation of the property as such bidder has considered appropriate, (m neither Auctioneer, Dallas, Texas (and other sites as may be advertised by among bidders, the Auctioneer shall make the sole Agent, nor Seller, nor any affiliate, agent, officer, the Auctioneer). Refer to Page 38 of this brochure for and final decision to either accept the final bid or to employee or representative of any of the foregoing directions to The Fainnont. reoffer and reselI the property in dispute. The Seller reserves the right to withdraw any property before has made any verbal or written representation, I 1. To pürè~~iì'þartiC\1lar property in the Auction, warranties, promises or guarantees whatsoever to \ one" must be ackno;1édgfd by the Auctioneer as or at the Auction and to selI any property prior to such bidder, expressed or implied, and in the successful bidder, In addition, the successful the Auction. particular, that no such representations, warranties, bidder must agree to be bound by all terms, 5. All properties are offered subject to a reserve, guarantees or promises have been made with r provisions and conditions of the Purchase and Sale which is the confidential minimum price agreed to respect to the physical condition, operation, or any Agreement and related conveyance documents and with the Seller below which the property will not other matter or thing affecting or related to the loan document for each particular property be sold ("Seller's Reserve"). property or the offering or sale of the property, and ("Contract of Sale"). The Contract of Sale and 6. Upon the falI of the Auctioneer's hammer, the (iii) such bidder has not relied upon any certain other information regarding the property Auctioneer will announce whether or not the representations, warranties, guarantees or promises are available to potential bidders in the due property has been sold. If the Auctioneer or upon any statements made or any information diligence packages which can be ordered through announces that the property has been sold or has provided concerning the property including but the Grubb & El1is Property Speåfic Agents, The been sold subject to confirmation, the buyer shalI not limited to the Brochures, Due Diligence Contract of Sale supersedes this brochure and immediately upon conclusion of the Auction (i) Packages, or "'How to Bid at Auction" seminars, serves as the governing document for each sale of sign the Contract of Sale for the property, (ü) pay provided or made by Auctioneer, Agent, or Seller, each property. Potential Bidders are advised to the portion of the purchase price speåfied in the or their respective agents and representatives, and thoroughly review the Contract of Sale prior to Contract of Sale as Earnest Money Deposit payable has detennined to make its bid after having made undertaking due diligence review of any particular at the time of the execution and delivery of such and relied solely on its own independent property, Contract of Sale, and (ill) comply with such other investigation, inspection, analysis, appraisal and 2. Bidding in the Auction shall be open to qualified conditions of sale and contractual requirements as evaluation of the property and the facts and bidders only. To qualify to bid, each prospective may be applicable. If the Buyer provides its own årcumstances related thereto. Without limiting the bidder must register prior to the-Ål.I£fÏon. To financing, the Contract of Sale requires an Earnest generality of the foregoing, neither Auctioneer, register, a prospective þidder m~) complete a Money Deposit equa1 to 10% of the Wmning Bid. If Agent, nor Seller shall be under any obligation to Bidding Eligibility Agreement (in the form to be the Buyer applies for Seller finanång, the Contract disclose to any bidder, and shall have no liability : 'I supplied in the aforementioned due diligence . of Sale requires an Earnest Money deposit equal to for its failure to disclose to any bidder, any packet), which Agreement will require the 20% of the WllUÚng Bid. The Earnest Money information known to it relating to any property. prospective bidder to provide his or her full name, Deposit must be made no later than 5:00 p.m" 9. AU. OF 1HE PROPERTIES wru. BE SOLD BY soåal security number, residence address, and December 16, and the $50,000 fee shall be credited SELLER HAS IS, WHERE IS, AND WlTIi ALL telephone number to Agents, and (b) deliver to toward the Earnest Money Deposit required. The FAULTS". SELLER WIlL NOT MAKE AND Auctioneer or agent an eligibility fee of $50,1)00 in balance of the purchase must be paid within 30 HEREBY EXPRESSLY DISCLAIMS MAKING MN cash for each property the Bidder intends to days. H the buyer fails to comply with any of the WARRANTIES OR REPRESENTATIONS purchase, or by a certified check made payable to foregoing, the sale shall be canceled and Seller shall WHATSOEVER, EXPRESS OR IMPLIED, the "Federal Deposit Insurance Corporation". For be paid the fee descn"bed in Paragraph (2) of these WRlTfEN OR ORAL, WlTIi RESPECf 10 ANY each property sold at the Auction, the winning Conditions of Sale as liquidating damages. If any PROPERTY, EXCEPT SOLELY 1HE UMlTED bidder's fee shall be delivered to Seller and applied sale is so canceled prior to the completion of the SPECIAL WARRANTY OF TITLE WHICH WILL toward the "Earnest Money" deposit required Auction, the property may, at the Auctioneer's BE EXPRESSLY SET FORTII IN 1HE SPECIAL under the Contract of Sale for that particular discretion,. be reoffered and resold. WARRANTY DEED BY WHIŒTITLE WILL property. If the winning bidder subsequently 7. This brochure contains information that is PASS FROM SELLER. WlTIiOur LIMITING ITS -~ defaults under the Contract of Sale, the fee (now in summary in nature and of necessity incomplete. DISCLAIMERS, SELLER HEREBY ADVISES AU. the form of an '"Earnest Money" deposit) may be Additional Information Packages further PROSPEC11VE BIDDERS TIfAT IT WILL NOT retained by Seller as liquidated damages. descnöíng property are available by contacting the MAKE ANY REPRESENTATIONS OR Notwithstanding the foregoing, however, the fees Grubb &: Ellis Property Speåfic Agent listed in this WARRANTIES, EXPRESS OR IMPLIED, WRlTfEN of aU unsuccessful bidders are fully refundable and brochure. In addition, Agent will Conduct "How to OR ORAL. AS 10 (i) 1HE NA11JRE OR shall be returned at the close of the Auction. Bid at Auction" seminars. Contact the Grubb & CONDmON, PHYSICAL OR OTIiERWlSE, OF 3. Upon completion of registration, the Auctioneer El1is Property Speåfic Agent for information ANY OF 1HE PROPERTIES OR ANY ASPECf will deliver a bidder's paddle wlúch will enable the regarding dates and location of these seminars. TIiEREOF,INCLUDING, WllHOur bearer to bid on behalf of the bidder and execute Inspections of properties may be made by LlMITATION;ANY WARRANTIES OF and deliver the Contract of Sale on behalf of the contacting the Grubb & El1is Property Speåfic HABITABlUTY, SUITABlUTY, bidder should it be the successful bidder. Agent at the phone number listed for that MERCHANTlBlUTY, OR FITNESS FOR A Each bidder herebyacknowleges and represents particular property in the brochure. PARTICULAR USE OR PURPOSE; ("ú) 1HE that the bearer of the paddle issued for it by the 8. NEITHER Seller, Agent nor Auctioneer makes any NA11JRE OR QUAUIY OF CONSTRUCTION, Auctioneer will be duly authorized to bid on its representations or warranties of the accuracy or STRUCl1JRAL DESIGN OR ENGINEERING OF I "" '1 y -......... .-~.J THE IMPROVEMENTS, OR THE STATE OF PROPERTIES ON WHIœ TIlEY INTEND TO the Buyer's obligations to the FDIC have been fully , REPAIR OR LACK OF REPAIR OF ANY OF THE BID, EXCEPT FOR THE SPECIAL WARRAN1Y OF released without the forgiveness of debt), or (ill) a IMPROVEMENTS; (iii) THE QUAUfY OF THE TITLE TO BE MADE BY SELLER IN THE fonner director and! or officer of a failed insured LABOR OR MATERIALS INCLUDED THE CONVEYANONG IXJCUMENTS, SELLER depository institution (unless there are no IMPROVEMENTS; (iv) THE SOIL CONDmONS, MAKFS NO WARRANTIES OR outstanding judgments or restitution orders against DRAINAGE, TOPOGRAPHICAL FEATIJRES OR REPRESENTATIONS, EXPRESS OR IMPUED, the Buyer with which it is not in compliance). If, alliER CONDmONS OF ANY OF THE WRITI'EN OR ORAL. WITIi RESPECf TO THE prior to the Buyer's execution of a Purchase and PROPERTIES OR WHIœ MAY AFFECf THE STATE OF TITLE OF ANY OF THE PROPERITES, Sale Agreement, the Buyer's foregoing certification PROPERTIES OR ANY USE TO WHIœ A THE TITLE COMPANY, OR OF THE proves false, the Seller shall return the fee to the PURCHASER MAY Pur THE PROPER1Y; (v) CORRECfNESS OR COMPLETENESS OF THE Buyer. The loan application fee will be $2.500.00 ANY CONDmONS AT OR WHICH AFFECf INFORMATION CONTAINED IN THE and is non-refundable. In addition, under both ANY OF THE PROPERTIES wrrn RESPECf TO COMMITMENT FOR TITLE INSURANCE. Plan A and B, a 1.25% origination fee will be ANY PARTICULAR PURPOSE, USE, 11. Broker participation is encouraged, Ucensed real required. IF THE BUYER APPLIES FOR I D~LOPMENT POTENTIAL OR OTHERWISE; estate brokers who assist winning bidders will be FINANCING ARRANGED BY THE SELLER. THE .j (vi) THE AREA, SIZE, SHAPE, paid at closing a commission equal to one percent SALE ~ILL BE CONTINGENT UPON THE <;, ~ CONFIGURATION, LOCATION, CAPACITY, (t %) of the winning bid. The commission will be BUYER S ABIUfY TO QUALIFY FOR THE ,.;' ~UANTITY, QUALITY, CASH FLOW, EXPENSES, paid only if: (a) the broker is not the winning FINANCING, IF THE BUYER OTHERWISE ¡ '·AWE, CONDmON, MAKE, MODEL. bidder or an affiliate; (b) the broker was registered COMPUES WITIi THE TERMS OF THE j.~ COMPOSmON, AUI'HENTlCITY?R AMOUNT by the bidder with Agent not later than 5:00 porn., PURCHASE AND SALE AGREEMENT, Bur .! OF ANY OF THE PROPERTIES¡ (vii) EXCEPT Friday, December 6; (e) the broker can provide DOES NOT QUAUFY, HIS OR HER DEPOSIT FOR THE SPECIAL WARRAN1Y OF TITLE evidence satisfactory to Agent that broker is a WIU. BE RE1URNED IN FULL THIS 'S EXPRESSLY CONTAINED THE SPECIAL licensed real estate broker in the state where the FINANONG IS SUB]ECf TO ALL TERMS, WARRAN1Y DEED, THE NA1URE OR EXTENT purchased property is located. By bidding, each CONDmONS, AND REQUIREMENTS OF THE OF TITLE TO ANY OF THE PROPERTIES, OR bidder agrees to indemnify and hold harmless SELLER. INCLUDING CONDmONS UNDER ANY EASEMENT, RIGHr.QF-WAY, LEASE, Seller, Auctioneer and Agent for any and all claims WHlœ THE SELLER MAY WITIiDRAW ITS POSSESSION, LIEN, ENCUMBRANCE, UCENSE, for compensation made by any person or entity in FINANONG. ¡ RESERVATION, CONTRACI', CONDmON OR connection with the auction. 13. Each bidder shall be deemed to have consented to . OTHERWISE 1HAT MAY AFFECI'TITLE TO ANY .. .. the' f rei d th bl' . OF THE PROPERTIES' (vili) ANY 12.Subject to credit approval, the Seller IS offenng the JSSUa~ ~ press ~ an 0 er pu Ie . o GooLOGI following financing to qualified buyers: COmn\umcations by Auctioneer or Agent regardmg METEOENVIR "NMENLOLOGlCAAL; SfRUCfURACAL.L 0 01HER (A) With 25'" d Sell will ·d the Auction and the properties offered or sold at 1.\:", Ria 10 own payment, er proVl e the Auction CONDmON OR HAZARD OR THE ABSENCE 75% fixed rate financing secured by a Deed of Trost . 2 THEREOF HERETOFORE, NOW OR HEREAFfER with an annual interest rate fixed on the date of the 14. This B~~ shall not constitute an offer to sell - AFFECl1NG IN ANY ~ ANY OF11iE Auction at the prevailing 7 year Treaswy Note rate or a soliatation of an offer to buy any of the PROPERTIES INCLUDING1RI(NOT LIMITED plus 200 basis points or (8) with a 35% down properties referenced herein. In addition, and TO THE ABSENCE OF ASBESTOS OR ANY paYIl!ent. 65% fixed ~te financing secured by a without limitation of the foregoing, this brochure- ENVmONMENTAIJ.Y HAZARDOUS DeeduofTrost with an annual interest rate fixed on shall not constitute an offer to sell or a solicitation SUBSTANCE ON IN UNDER OR ADJACENT TO the date of Auction at the prevailing 7 year of any offer to buy nor shall there be any sales of ANY OF 'IHE PRÓPÉImEs· OR ("ve) THE Treaswy Note rate plus 150 basis points. any of the properties in any state in which such COMPUANCE OF ANY OF 'IHE PROPERTIES Th will be nth! f ed . offer, solicitation, or sale would be unlawful prior ere mo y payments 0 accru mterest t the .....nm-"ti· lifi' und th OR THE OPERATION OR USE OF ANY OF THE and principal based on a 3O-year amortization and o. .~O--ø o.n or qua cation er e i' PROPEKrIES WTIH ANY LAWS, RULES, at the end of 7 years there will be a balloon applicable ~~ laws of tha.t s~te. . ORDINANCES OR REGULATIONS OR ANY payment of an remaining principal and accrued, 15. The respective nghts and obligations of the parties GOVERNMENTAL BODY, INCLUDING ANY unpaid interest with respect to these Conditions of Sale and the ZONING LAW OR REGULATION. The t will be bl conduct of the Auction shall be governed and no es non-recourse, non-assuma e . ed b th 1a f 'Ii B b'dd' th 10. Unless noted in this brochure, Seller will convey with a prepayment penalty of 3% during the first 3 mteIfret yews 0 . exas. y I Ing at e fee simple title to the real property mnstituting a years of the note and 2% for years four and five. Aucti~n, whether present m person 0: by agent. . Property to winning bidders subject to an There . t penalty . . and each bidder shall be deemed to have urevocably (i) encumbrànces easements rights-of-way, leases IS no prepaymen In years SlX submitted to the courts of competent jurisdiction in possession, li~ licenses 'reservations ~nditi¿ns seven. the State of Texas (including the federal courts) in and other matt~ of ~ or which ~uld be Buyers applying for the financin~ o~ered by th~ connection with any suit, proceeding or other legal revealed by a physical inspectiion of the Property, Seller must co~plete a l~ app~~tion on ~uction process realting to the Auction or the offering or and an standard printed exceptions and other day and su~~t an required credIt inf?rmation to Sale of any lot (. Action"'), (ii) agreed that any I matters set forth in the Commitment for TItle the ~er Wlthin ~ (3) da~ followmg the A~on may be heard in any such court, (ill), Insurance issued by the Trtle Company that will be Au~on. ~e ~pplication ~. the B~yer to waJ.~ the defense of any inconvenient forum to available to prospective bidders prior to the certify that It IS not prohibIted from closmg ttu: sale the mamtenance of any Action in any such court auction. ALL PROSPECI'IVE BIDDERS SHOULD and purchase of one (1) or more.o! the properties and (iv) agreed to be subject to suit, service and CONSIDER ENGAGING COUNSEL OF 1HEIR. by reason of the terms and proVISIOns of 12 U.s.c. legal process of such courts in coMection with any OWN ŒOOSING TO EXAMINE 11iE £1821 (p) (1) and that it is not (i) current debtor of Action. COMMITMENT FOR TITLE INSURANCE AND the FDIC. (unless the Buyer is in full compliance ALL MATIERS REFERRED TO THEREIN AS with the terms and provisions of the documents AFFECTING 11iE STATE OF TITLE OF evidencing or ~g its in~ebtedn~ to the FDIC or otherwise executed m coMedion therewith). (ii) a former debtor of the FDIC (unless t ". ~ ¡ FDIC NATIONAL AUCTION j HOSPITALITY · INDUSTRIAL · MULTI-FAMILY · OFFICE--~'RE.TAIL . "Our desire is to sell these December 12, 1991 properties and return them to the AUCTION LOCATION: private sector in an expeditious FAIRMONT HOTEL DALLAS manner. To accommodate that 1717 North Akard Street, Dallas, Texas 75201 214/720-2020. Ext. 196 or 214/720-3957 goal, we will provide market rate DRIVING DIRECTIONS financing." Coming from North Dallas, Piano, Ric1/ardson, and Garland: '~_.'¡:-"-."~:t. -Take Central Expressway (Highway 75) south, exit Ross AR1HUR F. LORENTZEN, JR. - Associate Director (Credit) of FDIC's Divisioll of Avenue, turn right on Ross (continue through 4 stop lights), Liquidation ill Wasltingtoll turn right onto Akard. OR -Take the Dallas Tollway south until it ends, follow signs to Harry Hines to Akard Street, continue on Akard to Ross, (TIle Fairmont is on the comer) Auction Satellite Locations Coming from Houston, Soutll Dallas and Wilmcr-Hutel/ins: & "How To Bid At Auction" -Take Interstate 45 North. Exit on Main and Elm Street Exit. Follow signs to Elm Street then go through downtown Seminars in November: to Ervay (4th stop light), turn right on Erway and proceed to Ross Avenue. (8 blocks). Cross Ross and there we are! Dallas, Los Angeles, Denver, Coming from Ft. Worth, Arlington, Grand Prairie, and West Dallas: Boston and Orlando. -Take Interstate 30 east (old Ft. Worth/Dallas turnpike). Exit to your left on downtown business district - 35E North. ----- Take exit to Highway 45/75 Houston/Sherman. The next --....:::: exit will be Griffin Street, merge onto Griffin Street and continue straight to 1st light, which is Ross. Take a left on to Ross. Continue 2 blocks to Akard-turn left to front of hotel. Coming from Duncanuillc, De Soto, Cedar Hill, and SW Dallas: -Take Highway 67 (Marvin D. Love Freeway) north or Interstate 35 (R. 1.. Thornton Freeway) north following road signs directing you north on 35E to Denton. Exit Highway 45/75 Houston/Sherman. The next exit will be Griffin , Street, merge left on to Griffin Street and continue straight to 1st light, which is Ross. Turn left. Continue two blocks to Akard. Take a left to the front of the hotel. Coming from DIFW Airport: Auction Conducted By: -Take North or South exit from the airport and follow I roadsigns to Dallas. North exit is Highway 114 to 35E ! South. South Exit is east on Highway 183 to 35E South. Exit f, GrubbtiElliS Highway 45/75 Houston/Sherman. The next exit will be ~ Griffin Street, merge left on to Griffin Street and continue , ; straight to 1st light, which is Ross. Turn left, Continue two , blocks to Akard. Take a left to the front of the hotel. , J Coming from ERst Dallas, Mesquite, GarÚlIId and ShreTJe¡Jort, LA.: ¡ -Take Interstate 30 going West. Take Ervay exit from the The Grubb & Ellis! Ross-Dove Company left hand lane. Turn right on Ervay, continue approximately 14 blocks to Ross Street. Cross Ross Street and hotel will be Real Estate Auction Partnership on the left. ".