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01-07-14 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, January 7, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. November 19, 2013 - Regular Meeting B. December 3, 2013 - Regular Meeting C. December 10, 2013 - Regular Meeting 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. REOUEST FOR A SIDEWALK DEFERRAL /951 MCCLEARY STREET: Approve an agreement to defer installing a sidewalk along McCleary Street for the property located at 951 McCleary Street. B. RESOLUTION NO. 02 -14: ABANDONMENT OF AN ALLEYWAY/ FREDERICK BOULEVARD: Approve Resolution No. 02 -14; abandonment of a portion of the north -south alleyway lying west of Frederick Boulevard, approximately 50 feet south of Avenue "H" in conjunction with the property located at 2910 Frederick Boulevard. C. SERVICE AUTHORIZATION NO. 12- 03 /WANTMAN GROUP, INC.: Approve Service Authorization No. 12 -03 to the Wantman Group, Inc. in the amount of $79,725.00 for professional engineering services in the design of Replacement of Force Mains at System 58A and 87 Force Main Replacement project. Funding is available from 442 - 5178 - 536 -63.88 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Force Main Replacement). D. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AWARD /RENTAL AND HOMEBUYER DISPOSITION SERVICES VENDORS: Approve multiple bid awards for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program in regards to RFQ 02- 2014NS. E. RESOLUTION NO. 01 -14: Approve Resolution No. 01 -14 encoura$!in$! the Florida Legislature to adopt and Governor Rick Scott to support legislative changes allowing for local rellulations prohibitinjj smokinjj on playllrounds. F. RESOLUTION NO. 03 -14: Approve Resolution No. 03 -14 supporting legislation requiring FEMA to complete the National Flood Insurance Program Affordability Study and supporting all legal actions filed by the State regarding same. G. CONSENT TO ASSIGNMENT OF A VALET PARKING LICENSE AGREEMENT /270 EAST ATLANTIC DELRAY BEACH, LLC. TO TAVERNA OPA: Approve Consent To Assignment of a Valet Parking License Agreement from 270 East Atlantic Delray Beach, LLC. to Taverna Opa. H. PROCLAMATIONS: 1. National Stalking Awareness Month — January 2014 2. Martin Luther King, Jr. Day — January 20, 2014 I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 9, 2013 through January 3, 2014. J. AWARD OF BIDS AND CONTRACTS: 1. Award to Air Liauide Industrial U.S. LP in the amount of $88.000.00 for the purchase and delivery of liquid carbon dioxide (CO2) for use at the Water Treatment Plant (WTP) in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (C) (7) (c), "Utilization of Other Governmental Entities' Contracts" and the vendor has submitted the required letter. Funding is available from 441- 5122 -536- 52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 2. Bid Award to Atlantic Refrigeration in the estimated amount of $57,732 to provide service, repairs, and preventive maintenance on various air conditioning systems throullhout the City in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (A), "Sealed Competitive Method ". REGULAR AGENDA: A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 1001 HIBISCUS LANE PLAT: Approve a final plat and a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. (Quasi- Judicial Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM BE DEFERRED TO THE JANUARY21, 2014 REGULAR MEETING) 1. WAIVER REQUEST: Consider a waiver request to Land Development Regulations Section 4.3.4(K), "Development Standard Matrix ", to reduce the required lot frontage for Lot 1 from 100 feet to 25 feet for the property located at 1001 Hibiscus Lane. (QUASI - JUDICIAL HEARING) (THE APPLICANT HAS REQUESTED THIS ITEM BE DEFERRED TO THE JANUARY 21, 2014 REGULAR MEETING) B. APPEALS OF SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) ACTION /ATLANTIC CROSSING: Consider privately- initiated appeals of the Site Plan Review and Appearance Board (SPRAB) action on the Class V site for Atlantic Crossing, located on the north side of East Atlantic Avenue, between N.E. 61h- Avenue and Veterans Park. (Quasi - Judicial Hearin C. INTERNAL ADJUSTMENT AND WAIVER REOUESTS /ST. GEORGE: Consider waiver requests to Land Development Regulations (LDR) Section 4.4.9(F)(2)(a), "Building Setback ", regarding the minimum front building setback of 5 feet and maximum setback of 15 feet from the ultimate right -of -way line along North Federal Highway and an internal adjustment to Land Development Regulations (LDR) Section 4.3.3(0)(3)(c), "Building Separation Internal Adjustment ", which requires that residential structures shall not be located closer than twenty -five feet (25') for a two - story structure for St George, located on the east side of North Federal Highway, north of George Bush Boulevard at 1023 North Federal Highway. (Quasi - Judicial Hearing) D. REQUEST FOR IN -LIEU PARKING SPACES /235 NORTH SWINTON AVENUE: Consider a request from Robert Glick for the purchase of three (3 ) in -lieu parking spaces in the amount of $23,400.00 located at 235 North Swinton Avenue. (Quasi - Judicial Hearin ,-) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 36 -13: Approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. B. ORDINANCE NO. 37 -13: Approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attorney; Qualifications ", in its entirety. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission NOVEMBER 19, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 19, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Adam Frankel Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: None. 5. PRESENTATIONS: None. 6. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to a previous comments expressed by Mr. Deacon about Sunday sales of alcohol, the City Manager stated the Commission will be looking at that via Ordinance No. 31 -13 upon tonight's agenda for first reading. Secondly, the City Manager stated staff will be working on a policy procedure regarding civility for the Commission. 6.B. From the Public. 6.B.1. Cindi Freeburn, 371 East Mallory Square Delray Beach, FL 33483, stated she attended the public meeting portion of the staff and committee meeting on November 5, 2013 at which time it was certified by Ocean Beach Services and two City staff members that 85% of the beach equipment on the beach as of September 24, 2013 was new and feels the Commission has been misled. Ms. Freeburn stated there is some new equipment but not 85% and she took photographs yesterday and noted only about 48% of the equipment if new. Ms. Freeburn suggested that if the Commission decides to award the bid this evening that they stipulate to the vendor that all the equipment be new within 30 days of signing the contract and that they follow the terms of the contract. 6.B.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated the Rabbi speaking a few words in Hebrew is offensive and suggested that the invocation be eliminated. Secondly, Mr. Blum commented about the trash cans and noted the difference of opinion between Mrs. Butler and the City Attorney. He commented about the Oath of Office and urged the Commission to heed the Oath of Office that the Commission took about protecting the citizens and watching out for the citizens. 6.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, urged the Commission to put some kind of protection in place to preserve the look of Atlantic Avenue. Mrs. Finst requested that the Commission address her concerns at an upcoming Workshop meeting to help improve the appearance of historic downtown. 6.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked the Commission about their vote about dogs on the beach. Secondly, Mr. Warner commented about the Arts Garage and urged the Commission to sign a contract with them or go to Plan B. Mr. Warner urged the Commission to discuss the parking issue and the overall plan for the downtown. 6.B.5. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, urged the Commission to look into the dividing lines on the streets in Delray Beach. Mrs. Alford stated she is having problems with most of the streets especially Congress Avenue more so on the South side. She stated the lines are barely visible and on a wet day it is very bad. Mrs. Alford urged the Commission to look into this issue. Secondly, on behalf of the Gateway Association, Mrs. Alford stated they have inquired many times about the intersection at N.W. 12th Avenue and Martin Luther King Street. She stated the bump that was left when they did the maintenance on 2" d Street has not been cleared up yet and the cars are taking a beating. Mrs. Alford asked that a patchwork be done until the City is ready to do whatever the City is going to do on 2 11/19/13 12th Avenue and stated to wait another 1 -2 years of waiting is too long. 6.B.6. Malcolm S. Scar, 7270 Ashford Place #301, Delray Beach, FL 33446 (resident of Delray and has been on Atlantic Avenue for the last 20 years), stated he was verbally abused on Atlantic Avenue and he urged the Commission to regulate the people in the recovery groups and do more to prevent them from taking over the city. Mr. Scar distributed photos of graffiti that he found on the exterior of his home the next morning and thus he filed a report with the Palm Beach County Sherriff s office. Mr. Jacquet stated this could potentially be a serious issue and he would like to make sure that the City look into this. 6.B.7. David Torgerson, 309V2 NE 1s' Street, Delray Beach, FL 33483, commented about the noise ordinance and stated he has called the Police Department both at either 1:00 a.m. or midnight when the noise ordinance is supposed to be going into effect. Mr. Torgerson stated he is deaf without his earring aids but he can still hear the music and the vibration can be felt at his house and the music vibrates the walls for numerous hours. He stated it takes the Police approximately 45 min. to 1 hour to respond so by then the bar is closed. Mr. Torgerson stated the noise is coming from IL Bacio's and it is keeping him awake. 6.B.8. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, expressed concern that taxpayers' money has been wasted over the Waste Management contract. Ms. Moody also commented about Oceanside Beach Services equipment. 6.B.9. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483, commented about the bid evaluation meeting November 5, 2013 for Oceanside Beach Services and stated the public was informed that 85% of the equipment on the beach was new. Mr. MacNamee feels the Commission has been mis -led by City staff regarding the condition of the beach equipment. 6.B.10. Michael S. Weiner, Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (speaking on behalf of Oceanside Beach Services), asked the City Commission when they would like Mr. Novatka to address the beach equipment. Mayor Glickstein stated what the equipment is on the beach before the new contract is really not even relevant as far as his reading of the contract. The City Attorney confirmed that Mayor Glickstein is correct. 6.B.11. Michael Novatka, Oceanside Beach Service, briefly discussed the contract and stated they will bring all brand new equipment at the start of the contract. 6.B.12. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33483, read a brief statement into the record and stated staff members gave Oceanside a financial score of the maximum of 10 points and the Assistant Finance Director who is financially capable gives a financial score of only 5 points that is conflicting information. Mr. Smith urged the Commission to not approve a bid award to Oceanside Beach Services. 3 11/19/13 6.B.13. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated he attended the Delray Reads last night which was enjoyable and the Green Market this weekend was a lot of fun. 6.B.14. Brock Rosayn, President of Metro Taxi of Palm Beach County, briefly discussed the proposed amendment to the vehicle for hire ordinance. Mr. Rosayn stated there are issues that need to be addressed and hopes to have the opportunity to work with the sponsor to further discuss how to develop the ordinance to benefit the City of Delray Beach, its residents, and its visitors. 7. AGENDA APPROVAL. Mrs. Petrolia moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 48 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /290 S.E. 6t AVENUE): Approve a tax exemption request for eligible improvements to the individually designated property located at 290 SE 6th Avenue, Adams Auto Dealership; and approve Resolution No. 48 -13. The caption of Resolution No. 48 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO 290 SE 6th AVENUE, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 290 SE 6tH AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 48 -13 is on file in the City Clerk's office.) 8.B. HOLD HARMLESS AGREEMENT /982 MCCLEARY STREET: Approve a Hold Harmless Agreement with Henry Shefet to install and construct two electric gates in the City right -of -way for the property located at 982 McCleary Street. 8.C. FINAL SUBDIVISION PLAT APPROVAL/ DELRAY BEACH FAIRFIELD INN: Approve a final plat for the Delray Beach Fairfield Inn located on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 10th Avenue. 4 11/19/13 8.C.1. RESOLUTION NO. 53 -13: ABANDONMENT OF AN ALLEY RIGHT -OF -WAY/ DELRAY BEACH FAIRFIELD INN: Approve Resolution No. 53 -13 to abandon the alley right -of -way located adjacent to the proposed Delray Beach Fairfield Inn project. The caption of Resolution No. 53 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 53 -13 is on file in the City Clerk's office.) 8.C.2. RESOLUTION NO. 54 -13: EASEMENT ABANDONMENT/DELRAY BEACH FAIRFIELD INN: Approve Resolution No. 54 -13 to abandon a general utility easement located within the proposed Delray Beach Fairfield Inn project. The caption of Resolution No. 54 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A GENERAL UTILITY EASEMENT LOCATED ON A WEST ATLANTIC AVENUE REDEVELOPMENT SITE OWNED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 54 -13 is on file in the City Clerk's office.) 8.C.3. TEMPORARY UTILITY EASEMENT AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRAUDELRAY BEACH FAIRFIELD INN: Approve a Temporary Utility Easement Agreement with the Community Redevelopment Agency (CRA) to provide over an existing alley right -of- way and general utility easement which are being abandoned to accommodate the development of the Delray Beach Fairfield Inn project, located in the 900 Block of West Atlantic Avenue. 5 11/19/13 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ LANZO CONSTRUCTION COMPANY, FLORIDA: Approve Contract Closeout (C.O. No. 1/Final) in the amount of $216,812.90 decrease and final payment in the amount of $38,007.86 to Lanzo Construction Company, Florida, for completion of the Reclaimed Water, Area 12A Phase I Project. Funding is available from 441- 5161 -536- 68.73 (Water and Sewer Fund: Improvements Other/ Reclaim Water, Area 12A), 448- 5461 -538 -68.67 (Storm Water Utility Fund: Other ImprovementBay Street Pump Station Improvement) and 442 - 5178 -536 -63.50 (Water and Sewer: Improvements Other/Water Mains). 8.E. MODIFICATION NO. 5 OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) -1 GRANT AGREEMENT: Approve Modification No. 5 of the Neighborhood Stabilization Program (NSP) -1 Grant Agreement IODB- 4X410- 60 -02 -F 10 to extend contract ending date to June 30, 2014. 8.F. RESOLUTION NO. 52 -13 /GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013: Consider approval of Resolution No. 52 -13 authorizing the issuance of not to exceed $9,000,000 in Delray Beach Bond General Obligation (GO) Refunding Bonds, Series 2013, for the purpose of currently refunding or refinancing, in part, the City's outstanding General Obligation Bonds, Series 2004. The caption of Resolution No. 52 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,000,000 IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 (RECREATIONAL AND CULTURAL PROJECTS) (THE "BONDS ") FOR THE PURPOSE OF REFUNDING ON A CURRENT BASIS, A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS) AND PAYING CERTAIN COSTS OF ISSUANCE; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY OF DELRAY BEACH; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO COMPASS MORTGAGE CORPORATION; APPOINTING U.S. BANK NATIONAL ASSOCIATION AS ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND BOND PURCHASE AGREEMENT; PROVIDING FOR THE RIGHTS AND 6 11/19/13 REMEDIES OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID BONDS, AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 52 -13 is on file in the City Clerk's office.) 8.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve ratification of appointments to the Kids and Cops Committee for two (2) year terms ending November 30, 2015. 8.H. PROCLAMATIONS: 1. None 8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 4, 2013 through November 15, 2013. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Coastal Contracting & Development Incorporated in the amount of $58,422.50 for the construction of sidewalks. Funding is available from 118 - 1965 -554 -63.11 (Neighborhood Services: Improvements — Other/Bike Paths /Sidewalks). Mrs. Gray moved to approve the Consent Agenda, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein stated the City refinanced some General Obligation Bonds (GO) at a rate of 2.17% and the present value savings of approximately $800,000 over the life of those bonds which equates to an immediate savings of about $100,000 for this fiscal year. Mayor Glickstein stated the present value savings range would typically be about 3 -5% and the net present value savings on this is in excess of 9 %. Mayor Glickstein stated this is remarkable and recognized and commended Rebecca O'Connor for her efforts. 7 11/19/13 9. REGULAR AGENDA: 9.A. DISCUSSION OF FRANCHISE AND GARBAGE CART FEE ANALYSIS Lula Butler, Director of Community Improvement, stated the Commission requested that staff look at the garbage cart fees and franchise fees as part of the garbage bill for residents under "AGAR" services (individuals who have curbside services). Mrs. Butler briefly reviewed staff recommendations: (1) reduces the cart fee from $.90 to $.29 per month, a reduction of franchise fees from 10% to 5 %, or not fund it at all She stated staff recommended option #1 which is to reduce it from $.90 per month to $.29 month. With respect to franchise fees, staff recommends to reduce the fee from 10% to 5 %. Mr. Jacquet stated last week he had a family emergency and spoke to the City Manager in hopes that he could be present for the discussion. The franchise fee is originally to be paid to the City from the vendor. Mrs. Butler stated under the commercial account they are but for residents they City charges the resident rates. Mrs. Butler stated the contract provides for residential payments by the customers for residential and payment to the city for commercial. Mr. Jacquet commented about the franchise fee that would be paid by Waste Management to the City. Mrs. Butler stated the contract is not set up that way for residents; however, it is for commercial properties. Mr. Jacquet asked what the reason was for increasing the rate at that time. Mrs. Butler stated she believes at that time the Finance Director recommended increasing it because they had used part of the money to clear the debris from the storms during that time. Mrs. Butler stated the account was very low and she believes this is why the Finance Director recommended that. Brief discussion between Mrs. Butler and Commissioner Jacquet continued. Mayor Glickstein stated the estimate is we have conservatively 15 years aggressively 20 years of funds to cover replacement carts. Mr. Jacquet stated he does not have a problem with lowering the franchise fee but as far as the carts he admires the proposal to lower it to $.29. However, Mr. Jacquet stated he supports zero (0) for the cart fee and eliminating it altogether; however, because of the explanation with respect to the residential franchise fees he supports a reduction in that fee. Mrs. Petrolia stated he did more research and Palm Beach Gardens does not have a franchise fee. Mrs. Petrolia stated she supports the 5% reduction and noted the only way she could support a $.29 cart fee is if the City were to refund the $1.4 million to everyone that has been paying into it. Mrs. Petrolia reiterated that she supports zero (0) for cart fees and the 5% reduction in the franchise fee. 8 11/19/13 Mrs. Gray supports staff s recommendation and agrees that the cart fee needs to be reduction from $.90 to $.29. Mayor Glickstein stated he supports the 5% reduction on the franchise but does not support any money to be collected for the cart fee. He stated the cart fee can only be used for cart fee replacement. Mayor Glickstein supports eliminating the cart fee immediately. It was the consensus of the Commission to eliminate the cart fee in its entirety and reduce the franchise fee to 5 %. At this point, Mayor Glickstein asked the City Clerk to call the roll on the consensus: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. 9.B. BID AWARD TO OCEANSIDE BEACH SERVICE, INC.: Consider approval of a bid award to Oceanside Beach Services, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach; subject to the termination of the current Beach Equipment Rental Concession Contract. The City Attorney briefly suggested that the Commission award the bid and then it would be subject to the termination. The City Attorney recommends adding a revision to the contract clarifying the language in the RFP and read the language into the record The City Attorney stated if the City Commission approves this bid it would be subject to the termination which is a sub item to this of the current RFP that the City has with Oceanside Beach Services. He stated it would go into effect December 20, 2013 which is 30 days after tonight's approval which is the requirement the City needs to give Oceanside in order to terminate the current agreement. The agreement was initially for a five year period; however, it will be shorter than that because the City is starting a little later. The agreement will terminate on October 31, 2018 with no renewals. Mrs. Gray stated she did not agree with sending the contract out to bid with there still being 18 months left on the current contract. She supports awarding this bid to Oceanside Beach Services. Mrs. Petrolia stated the beach is the largest asset the city has and with almost $10 million of renourishment investment she feels the rental rates for the beach equipment play an important role on whom we attract to our beaches. Mrs. Petrolia stated when a beachgoer chooses to go to another beach our restaurants and retailers lose business. Mrs. Petrolia expressed concern over the competitive rental rates. Mrs. Petrolia stated the beach services contract specifies that the City Manager must approve any rental rate, increase or any rental rate proposed by a bidder. She stated according to the RFP and the contract the only person with the ability to approve a rate change is the City Manager. She stated the City received this back from Oceanside Beach Services because they had to present rates that were supposed to be approved by the City Manager. 9 11/19/13 Brief discussion between the City Manager and Commissioner Petrolia followed. Mayor Glickstein stated this Commission voted to not continue with an additional RFP and the only thing that would have provided competitive information would have been another RFP. Mrs. Petrolia stated if there is going to be a membership starting and finishing throughout the year there is never going to be a time that there is not going to have a problem if you change over again. Mrs. Petrolia stated if there is going to be a membership there should be a sun setting date and it should coordinate when the City would be annually sun - setting the original policy. Mrs. Petrolia inquired about the financial statements. Milena Walinski, Interim Finance Director, briefly discussed the financial statements and stated she reviewed the payment history for the last two years and it appears that they were a late payer. Mayor Glickstein inquired about a monetary default provision in the contract. Mayor Glickstein confirmed with the City Attorney that there is a 30 -day cancellation clause for any reason whatsoever. Mrs. Petrolia suggested that there be a city number for people to call if they have a problem because it would eliminate having to go through the current vendor and relying on the current vendor to get the information to the city. She requested monthly reporting numbers from the vendor because she feels the city needs to know what this asset is producing. Mrs. Petrolia stated in the future when the city goes out for another RFP that it has those numbers so they can make sure that it is not something that is missing from a future RFP and that the only person that has it is the current vendor. Mrs. Petrolia expressed concern over a recent alleged felony charge with regard to the vendor. Mayor Glickstein expressed concern over there not being enough data gathering in the RFP and stated it would be nice to understand who is visiting the beach, from where, when, etc. Mrs. Petrolia suggested moved to approve to throw out the RFP as recommended by the City Manager and submit to the process again. Mr. Jacquet stated prolonging this process anymore is the real tragedy and will make the city look bad. He stated he was the deciding vote for this to go out to bid because of the following: (1) he felt it was a usurpation of the Commission's power when this was extended; he felt it needed to be addressed and the Commission did address it; (2) he felt that there was a lot of money left on the table and in a controversial move he made an attempt to get more money, ride out the contract for the remaining 16 -18 months 10 11/19/13 and go out for an RFP and (3) if there is something lacking in the RFP, he would not blame the City Manager but would blame himself because he feels the Commission has had plenty of time to look at this and ask for things to be put in it or to be removed. Mr. Jacquet stated there has been a lot of discussion about the rate and noted when you are doing business in America and the costs go up there is a good chance your customers are going to be paying a little more. He stated it does not seem business friendly to ask someone to pay 45% more because we want to make money and think it is more valuable but then not charge the customers more. Mr. Jacquet commented about the issue with the payment and asked how long this went on with the vendor. Ms. Walinski stated the vendor was in the rears since 2009. Brief discussion between Mr. Jacquet and Ms. Walinski regarding the payments continued. Mr. Jacquet stated in the beginning of this issue he felt it was a just cause because he felt something was wrong but feels now the City needs to fix it. Mr. Jacquet stated the City sent the contract out to bid and received one response which is 45% more money than the City was already receiving and feels the longer the Commission continues to have discussion on this the more money the City is losing. Mr. Jacquet stated he supports this only for the reasons stated. At this point, the vendor made a statement that at the start of the contract all the equipment must be new and they will provide new equipment. Mr. Jacquet asked if that means everything out there right now will be gone. The vendor confirmed that all the equipment that is currently on the beach now will be gone. Mrs. Gray reiterated that she was not in favor of sending this out to bid. She stated she is a business person and expressed concern that this contract that states for no particular reason the City can cancel the contract. However, Mrs. Gray stated since the Commission decided to send this out to bid and received one responsive bidder. Mrs. Gray stated she supports this contract tonight and is ready to move forward tonight. At this point, Mrs. Petrolia entered photographs into the record of new and not new beach equipment. Mayor Glickstein made reference to the bid specifications Section C.1. "At no time will more than two hundred fifty (250) beach chairs, cabana, umbrellas, and windbreakers, etc...." and believes the intention is 250 total pieces of equipment. He stated there was another bid that was not considered and the numbers were somewhat similar. Mayor Glickstein stated that gives him some degree of comfort that they are not operating completely in the dark. Mayor Glickstein stated the RFP process was sloppy and not well thought out. Mayor Glickstein agrees it is time to move on and therefore supports the bid award and the termination. Mr. Jacquet moved to approve the bid award to Oceanside Beach Service, Inc. with the extra contract language the City Attorney read to the City Commission which provides that the Parks and Recreation Director in conjunction with the vendor start changing out some of the new equipment starting sometime after tomorrow; and, that a clarification in the contract be made for 250 total pieces of beach equipment; and, that the annual pass not extend beyond October 31, 2018, seconded by Mrs. Gray. Upon 11 11/19/13 roll call the Commission voted as follows: Mrs. Petrolia — No; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. 9.B.1. TERMINATION OF AGREEMENT /OCEANSIDE BEACH SERVICES, INC.: Consider approval to terminate an agreement with Oceanside Beach Services, Inc., for the beach equipment rental concession on the City's municipal beach. Mr. Jacquet moved to approve the termination of the agreement with Oceanside Beach Services, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia - No. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. At this point, the time being 7:49 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 28 -13: Consider a city initiated rezoning for Pelican Pointe Condominium to change the zoning district map from RM (Medium Density Residential) District in part and GC (General Commercial) in part to RM (Medium Density Residential) District for the property located east of South Federal Highway between Tropic Isle Drive and Bosun Way. office.) The caption of Ordinance No. 28 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED EAST OF SOUTH FEDERAL HIGHWAY, BETWEEN TROPIC ISLE DRIVE AND BOSUN WAY AND KNOWN AS PELICAN POINTE CONDOMINIUM, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28 -13 is on file in the City Clerk's 12 11/19/13 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Commissioner Petrolia stepped away from the dais. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 28 -13, the public hearing was closed. Mrs. Gray moved to approve Ordinance No. 28 -13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 29 -13: Consider approval to repeal Chapter 36, "Finance; City Property Transactions ", and replacing it with a new Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ". office.) The caption of Ordinance No. 29 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS ", AND ENACTING A NEW CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance and A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483, stated he sent an email to the Commission recommending that they reject Ordinance No. 29 -13 and made reference to the Commission Agenda from November 5, 2013 (Item 8.Y.4, Purchase award to Otto Environmental Systems, as a sole source provider, and it was for garbage carts). Mr. MacNamee commented about a memo from Lula Butler through Louie Chapman and stated procurement is still a problem in the city. 13 11/19/13 Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33483, urged the Commission to vote "no" on Ordinance No. 29 -13 because the City's procurement policies are too questionable from the community viewpoint. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated the Commission is doing a good job and has a great City Manager. Mr. Ridley does not support Ordinance No. 29 -13. There being no one from the public who wished to address the Commission regarding Ordinance No. 29 -13, the public hearing was closed. Mrs. Gray asked how many contracts the Commission actually sees. The City Manager stated the Commission currently sees 93% of the City's contracts. Mrs. Gray asked how many of the City's contracts are over $15,000. The City Manager stated thousands of contracts are over $15,000 and if the Commission approves the $65,000 they would see approximately 56% of the contracts. Mrs. Petrolia asked what 93% represent in numbers of contracts and what does 56% represent in numbers of contracts. The City Manager stated approximately 10,000 contracts. Mr. Jacquet concurs with comments expressed by Commissioner Petrolia. Mr. Jacquet stated he too would like to know if the Commission moves in this direction how many contracts is the City taking outside the Commission's control which is the same concern that the community has. Mr. Jacquet stated right now it is too soon for the Commission to move the sliding scale to $65,000 and allow that number of contracts to be out of the Commission's control. Mayor Glickstein stated the context is not right and a large part of this ordinance that is not about the dollar value but it is about cleaning up consistencies and practices that the City needs. Mayor Glickstein suggested changing that number from $65,000 to $25,000 which would be a $10,000 increase from where we are now which will not be a material difference in the amount of contracts the Commission is considering. Mr. Jacquet disagrees with the $25,000. Mayor Glickstein stated the time that the City has had the $15,000 number if you added CPI increases from the time that has been our ordinance the City would be well over $25,000 in present day value. Mr. Jacquet stated the $65,000 moves the scale too far up and removes too many contracts from the purview of the Commission. Mr. Jacquet expressed concern over the Purchasing Department being understaffed in comparison to other municipalities and feels that the staffing for the Purchasing Department needs to be included as well. Mayor Glickstein stated anything related to staffing is not something that can be put into an ordinance. Mayor Glickstein stated cleaning up the procurement ordinance will help with the staffing. 14 11/19/13 Brief discussion by the Commission followed regarding amending the higher end number from $65,000 to $25,000 for City Manager approval. Mrs. Petrolia moved to approve Ordinance No. 29 -13 with the amendment that acquisitions between $10,000 and $25,000 (not $65,000) must be approved by the City Manager but only after receiving three (3) written quotes, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No; Mrs. Gray — Yes. Said motion passed with a 3 to 1 vote, Commissioner Jacquet dissenting. 10.C. ORDINANCE NO. 30 -13: Consider an amendment to Chapter 99, "Noise Control ", of the Code of Ordinances, by amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", to amend allowable times for devices and construction noise. The caption of Ordinance No. 30 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED ", TO AMEND ALLOWABLE TIMES FOR DEVICES AND CONSTRUCTION NOISE; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated there are three changes being made to this ordinance: (1) clarify that the noise ordinance does apply in all areas of the city 24 hours a day seven days a week except as specified within the downtown area. Also, Mrs. Butler stated there was a correcting item under Section 93.03 (A)(i) and noted the time has been changed from 11:59 p.m. to 12:01 a.m. Monday through Friday. In addition, Mrs. Butler stated under Section 93.03(4) the provision for construction noise and construction is allowed to occur between 7:00 a.m. to 6:00 p.m. weekdays and between 8:00 a.m. — 4:00 p.m. on Saturdays. 15 11/19/13 Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10.C., the public hearing was closed. Mayor Glickstein stated if there are complaints for repeated offenders in particular the downtown area. Mrs. Butler stated staff is working with the Police Department and they have come up with a counting that they do under their civil violation notices and staff accounts for those as well. Therefore, Mrs. Butler stated there is merging of the two numbers. After brief discussion, it was noted that IL Bacio is a violator of the noise ordinance; however, Mrs. Butler stated IL Bacio has a variance for noise which permits them to play louder music until 2:00 a.m. because there is a covenant that goes with the land. Mrs. Butler reiterated that IL Bacio is grandfathered in. Mr. Jacquet moved to approve Ordinance No. 30 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:27 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. RESOLUTION NO. 50-13/BUDGET AMENDMENT: Consider approval of Resolution No. 50 -13 amending Resolution No. 49 -12 adopted September 20, 2012, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2012/2013, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2012/2013. office.) The caption of Resolution No. 50 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49 -12 ADOPTED SEPTEMBER 20, 2012 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2012/2013, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2012 /2013; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 50 -13 is on file in the City Clerk's 16 11/19/13 Milena Walinski, Interim Finance Director, stated the State of Florida provides the City with a Comprehensive Annual Financial Report (CAFR) Management Letter and comments in the letter if the City goes over the budget. Ms. Walinski stated and if the City has the same comment for three consecutive years the City is supposed to address it. Ms. Walinski briefly reviewed the adjustments and stated normally these changes are done at a mid -year budget amendment; however, these changes were not addressed. For clarification, Mayor Glickstein stated this is a reallocation; revenue and expense neutral. Mrs. Petrolia inquired why this is being addressed in the current fiscal year (2013/2014) rather than fiscal year 2012/2013. She asked why staff is going backwards and what if the Commission does not support the resolution. Ms. Walinski stated if the Commission does not support it then this would not get done and there would be another comment on the management letter. Ms. Walinski stated this year all it covered was grants and if the City received money from grants it would increase the revenue and increase the expense; this time staff did not have the opportunity to do it because normally this would be covered in May. Mrs. Gray moved to approve Resolution No. 50 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.1). APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Robert Marks to the Code Enforcement Board as a regular member to serve an unexpired term ending January 14, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. At this point, the time being 8:33 p.m., the Commission moved to Item 12, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 31 -13: Consider an amendment to Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic beverages on Sunday morning. If passed, a public hearing will be held on December 3, 2013. 17 11/19/13 The caption of Ordinance No. 31 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION ", TO REMOVE THE RESTRICTION OF SELLING ALCOHOLIC BEVERAGES ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated with regard to the written ordinance there is a scrivener's error under Section 113.15(A). There should be language in there that will be stricken that says however nothing provided in this section shall prevent alcoholic beverages defined in Florida Statute Chapter 561 for being sold, consumed on the premises of an alcoholic beverage establishment beginning at 7:00 a.m. on Sunday mornings. The City Attorney stated this was the previous year's change allowing the consumption of alcohol to take place on Sunday mornings. He stated what is being done now based on the direction of the City Commission is the City is allowing the consumption as well as the sale of alcohol to take place on Sunday morning. Mrs. Gray moved to approve Ordinance No. 31 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 1LB. ORDINANCE NO. 32 -13: Provide for Charter revisions by amending Section 3.12, "Procedure ", to provide clarification regarding the voting procedure; providing for a referendum on March 11, 2014. If passed, a public hearing will be held on December 3, 2013. The caption of Ordinance No. 32 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE CLARIFICATION REGARDING THE VOTING PROCEDURE; PROVIDING FOR A REFERENDUM ON MARCH 11, 2014; PROVIDING A 18 11/19/13 SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated what the City is trying to do with this change is to get away with the Court Order back in 2004 where the Court said based on the language of the City's Charter a 2/2 vote is no action. The City Attorney stated one of the changes staff proposes is that procedurally a 2/2 vote fails because you must have 3 votes to adopt the motion. The other change staff proposes that there be language in the ordinance so that in the event there is a vacancy or a required extension, that the City allows the remaining Commissioners (which could be under 3) to vote as long as the vote is unanimous on a particular item. The City Attorney stated he concurs with the recommendation and feels this should be added into the Charter as well. The City Attorney expressed concern that there may be some things where the City Commission has to take action on certain things where they cannot wait one or two months. Mr. Jacquet asked if there a rule that gives the Commission the flexibility to be able to do something that is urgent or something that is time sensitive. The City Attorney stated the only exceptions the Commission has is on vacancies and also on forfeitures of office where if there is only two remaining Commissioners then those two Commissioners can go through the process of what it would take to appoint another Commissioner if they can agree to appoint another Commissioner. Mrs. Gray asked if this gets the Commission more in line with Roberts Rules. The City Attorney stated the first part of it does. The City Attorney stated if there is a 2/2 vote the motion fails but then someone can make another motion to try to approve something. Mrs. Petrolia asked how this ordinance is going to affect the Commissions local rules. The City Attorney stated none of this will change until after the March Election if the Commission adopts it and it is passed at referendum. Mr. Jacquet stated he believes there is a reason why Roberts Rules does not address the two person unanimous vote as being part of doing business. Mr. Jacquet agrees that a 2/2 the motion fails and dies. He stated if you only have three Commissioners present then all business must be unanimous in order for it to go forward otherwise less than three votes dies. Mr. Jacquet urged the Commission to support the first part that a 2/2 vote dies but not the second part that 2 Commission members alone can make decisions for the entire city. The City Attorney recommended that the Commission approve this because if something like that happens and there is something that comes in front of the Commission that the Commission really wants to approve but by law or because you were unlucky there is only two people on the dais who can vote. 19 11/19/13 Mayor Glickstein stated the eventuality of that happening is so remote that is would be under such extreme circumstances but you cannot leave an operating concern in libo. Mayor Glickstein reiterated the no business in the world would operate without some contingency plan for that kind of highly unlikely crisis eventuality. The City Attorney stated if there is a massive hurricane and three Commissioners have to leave the state because of personal concerns they resign from the Commission and there are two Commissioners left. Mayor Glickstein agrees that there has to be a contingency plan. Mrs. Gray moved to approve Ordinance No. 32 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 1 vote, Mr. Jacquet dissenting. 11.C. ORDINANCE NO. 33 -13: Consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. If passed, a public hearing will be held on December 3, 2013. office.) The caption of Ordinance No. 33 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated this ordinance amends Section 19.01 to adopt the County's ordinance in its entirety and it requires people doing business in Delray Beach for taxis, limos, and the like will have to go through the County's permit process. 20 11/19/13 Mr. Jacquet thanked staff for looking into this and asked what other things are included in Palm Beach County's ordinance that the City does not have currently. Mrs. Butler stated they do background checks on all the drivers, regulate the signage, regulate the types of vehicles and standards for those insurance requirements, advertising, media accuracy, method of customer payment, location and storage, and penalties. Captain Tommy Mitchell, Police Department, stated regardless if the City regulated the signs in Delray Beach, any taxi within Palm Beach, Broward, or Martin County would still be allowed to drop off in our city. Mr. Mitchell stated the only thing the City of Delray Beach could do would stop them from being able to pick up in the city. He stated there is no regulation in Palm Beach County on how much a company can charge for a fare; each company has their own right to set their rate. Mr. Jacquet moved to approve Ordinance No. 33 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. Mr. Jacquet moved to reconsider the noise ordinance issue, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. Mr. Jacquet moved to approve Ordinance No. 30 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 1 vote, Mrs. Petrolia dissenting. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated he is glad the City Commission decided to move forward with the Purchasing Ordinance No. 29 -13. The City Manager stated the Inspector General's recommendations are that the City's Purchasing requirements be changed. The City Manager stated if the Commission does not want to change the numbers it is their responsibility because they are the policy makers. Secondly, the City Manager stated the Commission approved an early retirement option several months ago and he failed to mention that Paul Dorling, Planning Director and Ron Hoggard, AICP, Principal Planner are taking advantage of that early retirement without penalty by the end of November. In addition, the City Manager stated Sue Luteran, Executive Assistant and Mary Ann Young, CGFO, Accounting Manager with the Finance Director. 21 11/19/13 12.B. City Attorney The City Attorney stated with regard to the Robert Desisto Case there was a $750,000 verdict. The City Attorney stated staff had a Court Hearing recently where the Judge imposed sovereign immunity limits of $100,000 and staff is still appealing. 12.C. City Commission 12.C.1. Mr. Jacquet Mr. Jacquet stated he is not feeling too well tonight and apologized for being a little short with the rest of the Commission. Secondly, Mr. Jacquet stated yesterday he was at Village Academy where a local attorney Mr. Lee Cohen and his company donated brand new basketball uniforms to the entire basketball team of Village Academy. Mr. Jacquet stated on Saturday he had the opportunity to link up with a lady from Miami known as "Big Mama" and they were able to distribute about 100 turkeys to families in need. Lastly, Mr. Jacquet asked that staff give Mr. Malcolm Scar a response. 12.C.2. Mrs. Petrolia Mrs. Petrolia stated she attended Delray Reads last week and noted it was spectacular. Secondly, Mrs. Petrolia stated she enjoyed the Chris Evert Tennis Charity Event this weekend. She stated earlier this evening there was discussion about preserving the appearance of the downtown and she would like to see staff move forward with this. Mrs. Petrolia stated she had a wonderful opportunity to spend time with the Senior Group at Pompey Park for their Thanksgiving Luncheon. She stated children from one of the academies sang and a woman performed an artistic dance. Mrs. Petrolia stated it was phenomenal. Lastly, Mrs. Petrolia wished everyone a Happy Thanksgiving. 12.C.3. Mrs. Gray Mrs. Gray commented about Delray Reads and thanked Janet Meeks for an excellent job. 22 11/19/13 Secondly, Mrs. Gray stated the Chris Evert Tennis Charity Event was well attended and it raised over $600,000 for her charity. Mrs. Gray thanked the Sports Destination Committee for bringing "Perfect Games" to the City of Delray Beach. She stated "Perfect Games" is the largest scouting groups in the country and this weekend they brought in 47 baseball teams to the City of Delray Beach. Mrs. Gray stated this was a huge economic impact for Delray Beach. Mrs. Gray thanked City staff (Nigel Roberts and Jennifer Costello) for doing an awesome job organizing the Affordable Care Act meeting. Mrs. Gray stated Mr. Eugene Herring brought in a Karate Tournament to Pompey Park on Saturday, November 16, 2013 and she thoroughly enjoyed it. Lastly, Mrs. Gray wished everyone a Happy Thanksgiving. 12.C.4. Mayor Glickstein Mayor Glickstein stated on Saturday, November 16, 2013 aside from the Chris Evert Tennis Tournament other activities such as the Karate Tournament, the baseball "Perfect Games ", and a surfing contest. Secondly, Mayor Glickstein requested that staff follow -up with Mary Alford's concern about the roadway and her Gateway Association (N.W. 12th Avenue and MLK Blvd. (N.W. 2nd Street). Mayor Glickstein stated he received an email from Mayor Abrams about striping on Linton Boulevard and Congress Avenue and two other county roadways. Mayor Glickstein stated in terms of Commissioner Petrolia's comment about the downtown the Commission will all be interviewed by Treasure Coast Regional Planning Council and suggested if the issues regarding the downtown are important to Mrs. Petrolia then this would be the time to bring that up. He stated there have been several Department Head vacancies now there is one additional and we have both a Finance Department Head and Planning Department Head. Mayor Glickstein requested timelines on those as to when the City Manager expects those positions to be filled. The City Manager stated staff is close to hiring someone for the Director of Parks and Recreation but may have to re- advertise for the Human Resources Director. Mayor Glickstein commented about the proper language for addressing the City Commission on the dais and he would like this done before the end of the year. Lastly, Mayor Glickstein stated he is Jewish and the invocation this evening was offensive to him. 23 11/19/13 Commissioner Jacquet stated he shares the same concerns as Mayor Glickstein because we do not want to favor any particular religion because it does become offensive to others. Commissioner Jacquet suggested that perhaps there be a moment of silence after the Pledge of Allegiance versus the invocation. At this point, a woman from the public came forward and suggested that instead of eliminating the prayer altogether that the City consider having only Chaplains say the prayer if it is creating a problem. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:13 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 19, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 24 11/19/13 DECEMBER 3, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 3, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. (THIS SPACE INTENTIONALLY LEFT BLANK) 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: 5. None. PRESENTATIONS: 5.A. Presentation regarding the City of Delray Beach as a Sports Destination (ADDENDUM Margie Walden, Executive Vice President of Alliance of Delray, gave a brief update of the Sports Destination Committee. Ms. Walden on February 19, 2013 there was a presentation made to the City Commission about expanding Delray as a Sports Destination. She stated it was the consensus to hold a Workshop with the major stakeholders and sports in the city. Ms. Walden stated that Workshop was held on April 12, 2013 with 30 participants at the Delray Golf Club and it was facilitated by John Webb, President of the Florida Sports Foundation. She stated the following came out of that meeting: (1) create a master calendar of events and facilities, conduct an assessment of all the venues and (3) determine the needs for special sports marketing position within Delray Beach. Ms. Walden stated the Sports Committee continues to meet the first Monday of every month at 10:30 a.m. and there are 16 voting members. She stated the Committee's vision is to promote Delray Beach as a prime destination for sports and athletics. Vin Nolan, Economic Development Director for the Community Redevelopment Agency (CRA), stated part of the activity that has been going on during this interim period is that this working group has been meeting on a monthly recurring basis but felt they could accomplish more by breaking down into sub - committees. Mr. Nolan stated they are working with the City's IT Department to create an access point through the City's webpage. Mr. Nolan stated they would like to create a welcoming host environment for things such as youth tournaments. He briefly reviewed the five (5) sub - committees and stated the mission of this group is to improve utilization without displacement of existing local community activities. Ms. Walden stated Baseball Perfect Games would like to continue here and will have a qualifier in the beginning of January and ELEV8 also will be running numerous tournaments throughout 2014 for their school and local children. She stated for football they have the XP and FLP draft combine held at Hilltopper and Soccer Complex; there are also seven (7) different tennis events with many of these events being in the off - season; they expect 4 -6 events in 2014; the AVP Volleyball to return the end of September which is a national championship; there is a cycling series for downtown in March and noted there are other opportunities such as a College Bowl Game being scheduled for FAU stadium December 23, 2014 and believes there are opportunities for Delray Beach to participate like we did in the Super Bowl in 2010 with an event, hotels for the media, etc. Ms. Walden stated Delray Beach has been chosen for the National Association of Intercollegiate Athletics (NAIA) for their Men's Soccer National Championship for 2014 and 2015 (16 teams; 500 athletes; an additional 300 -400 officials, administrators, sponsors, family members, alumni, etc.) and they will also provide clinics for the local youth. The host will be the Palm Beach County Sports Commission and Northwood University; Delray Beach has been chosen to serve as the host city for this event. Ms. Walden extended a special kudos to Commissioner Gray for her support with the Committee and help with the NAIA. In addition, Ms. Walden thanked the Parks and Recreation staff for their assistance with helping to win this event to come to Delray Beach. Mrs. Gray thanked Ms. Walden and the Palm Beach County Sports Commission. Ms. Walden introduced and recognized the Sports Destination Committee members. Mr. Nolan stated the Committee has been led by Bob Barcinski, Assistant City Manager and Tim Simmons, Interim Parks and Recreation Director. Mr. Frankel thanked Ms. Walden for the presentation. 2 12/03/13 Ms. Walden stated they are using sixteen (16) different venues; eight (8) in Boca and eight (8) throughout North County and they are all country clubs. She stated they will be active with the owners of the tennis tournament to ensure that Delray Beach hotels are promoted for that. Mrs. Petrolia stated the City Commission voted and established the fee structure through Parks and Recreation so by bringing in these events the City receives direct benefits as do the business merchants, etc. Mr. Jacquet stated he would like to make sure that the Commission has Ms. Walden's email and phone number so if they have any concerns related to the City's fields or anything related to sports the Commission can reach out to her. Mr. Jacquet thanked Ms. Walden for all her work. Mayor Glickstein stated from the first Workshop there was strong consensus that a clearing house of some sort was needed because there was wide spread agreement that everything starts with rec sports. He stated travel leagues and tournaments are great but only as enhancements to the rec programs and to build the rec programs through that branding process. Mayor Glickstein stated in terms of that clearing house competing for fields and knowing when we have free space when we do not and asked if this is part of the data base. Ms. Walden stated this is the database and have worked very hard at trying to put together a master calendar and trying to get every facility contact number of when their facility is open and when it is not. Mayor Glickstein stated he appreciates the effort and thanked Ms. Walden for the presentation. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With reuard to prior concerns expressed by Mary Alford about the intersection at N.W. 12t Avenue and Martin Luther King Street, the City Manager stated there is a project in process and that work will be completed by the end of the week. The City Manager stated the City had to contact the County with regard to Mrs. Alford's concern regarding Congress Avenue. Secondly, with regards to proper language for addressing the City Commission in the line of civility, the City Manager stated staff will be presenting the Commission with a policy at the next City Commission meeting of December 10, 2013. 6.11. From the Public. 6.11.1. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, congratulated the City Commission on the City's recent achievement of a AAA Bond Rating. 3 12/03/13 Secondly, Mr. Humanik commented about the tax rate going down; the operating increased a little and the capital went down. 6.B.2. Mark Kay, Executive Director of CHILD (Children's Helmet Initiative and Legislative Defense Fund), stated he has addressed the Commission repeatedly discussing his concern over bicycle helmets. Mr. Kay stated they would like to work with the City to promote bike helmet enforcement by making sure that people understand how important it is and make sure that bike helmet enforcement is on forefront. Mr. Kay stated he would like to meet with the Mayor and Commission to plan this together to raise public consciousness on this issue. Mr. Kay stated he is meeting with the Senior Medical Correspondent for CNN who is also a Neuro- surgeon in January to discuss this initiative. 6.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, thanked the Commission for the meeting last night. Mrs. Finst suggested that the upcoming Town Hall presentations be recorded and made available for public hearing, public viewing, and especially for viewing of future City board members. 6.B.4. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, strongly opposes that the prayer has been removed from the City Commission Agenda. Mrs. Alford stated one person should not be able to decide that the public does not need a prayer in an open meeting and urged the Commission to address this issue. 6.B.5. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, echoed comments expressed by Mrs. Alford regarding the elimination of the prayer from the Agenda and believes there should be prayer. Secondly, Ms. Goodman stated there are now three (3) extra charges on the water bills. 6.B.6. Ed McCall, 219 N. Swinton Avenue, Delray Beach, FL 33445, commented about the annual performance bonuses to the management company of the Delray Beach Golf Course (Item 8.J.). Mr. McCall stated he does not understand why a private company should be receiving a taxpayer's bonus when they operate efficiently, economically, and provide quality and it is profitable. Secondly, Mr. McCall inquired about the performance criteria for the bonus and expressed concern over the infrastructure of the facility and the condition of the men's restrooms on the golf course. He stated it has not been painted in years and suggested that the restrooms be pressure cleaned every six months. Mr. McCall suggested that the management company spruce up the infrastructure and stated the money is there to do this. He requested that either City staff tour the facility or that the City change the criteria for the bonus. 6.B.7. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked for the status of the Waste Management contract. 4 12/03/13 Secondly, Mrs. Moody urged the Commission to put the invocation back on the Agenda. 6.B.8. Jeff Kadel, 1015 Anchor Point, Delray Beach, FL 33444, suggested that the City erect signs designating a particular area for smokers. Secondly, Mr. Kadel stated the Sports Commission has been doing great work; however, he stated some kids were displaced during the Super 28/25 tournament and the new soccer tournament also falls into recreational soccer. Mr. Kadel stated however long these sports initiatives last and all this great commerce comes into the city, that the city youth sports are enhanced through the process. Commissioner Jacquet stated in Goal setting the Commission agreed with and suggested that the Commission take a closer look at the soccer and the possible displacement of some of the recreation children and feels the City should be able to accommodate both. Commissioner Jacquet stated he would like to see the City accommodate both and work with whoever we need to in order to make sure the kids are protected. Mayor Glickstein stated part of the criteria for the Parks and Recreation Director is going to be that clearing house so that the City staff is the final arbiter of how public facilities are used in the town and that recreational sports have priority. Brief discussion between Commissioner Jacquet, Commissioner Gray, and Mayor Glickstein followed. 6.B.9. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, concurred with comments expressed by Commissioner Jacquet and stated the displacement of youth has happened and asked the Commission to ensure that it does not happen again. Secondly, Mr. Warner urged the Commission to lean on the process. He stated approximately 6 -8 months ago there was discussion by the Commission about a cycling tournament downtown in March. Mr. Warner suggested there are too many marketing efforts going on and he feels these efforts need to be coordinated. 6.B.8. Brock Rosane, 1587 S.W. 4th Avenue #10 -D, Delray Beach, FL 33444, supports Item 10.D. The City Attorney explained that Item 10.D. is a public hearing and Mr. Rosane can speak on it at that time. 6.B.10. Cindi Freeburn, 371 East Mallory Square, Delray Beach, FL 33483, stated when the City Manager brings forward a recommendation for civility when addressing the Commission, she would like to request that the members on the dais with the exception of the City Attorney not have their laptops open during meetings unless 5 12/03/13 they need it for a presentation or notes. 6.11.11. Gita Sapiano, 150 N.E. 6th Avenue Apt. "O ", Delray Beach, FL 33483, commented about the Atlantic project and stated all the condominiums and complexes around their area support this project. She stated she will forward a petition with signatures from those individuals who are in support of it. 6.11.12. Carmen Ann Sanchez Hyman, 911 NE 7th Avenue, Delray Beach, FL 33483, stated the trolley and the artwork/gateway feature east of I -95 is very nice. Secondly, Ms. Hyman stated St. Mark's private school closed and there is now heavy traffic on George Bush Boulevard early in the morning because they are all going to St. Vincent's now. She asked if the City can check the traffic flow in this area. Ms. Hyman stated on Bond Way the antique stores have developed overnight into rehab centers. 6.11.13. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated he missed the Andres Duany presentation /lecture last night at Old School Square. Mayor Glickstein stated with regard to Mr. McCall's comments about the bonus for the golf course, it is contractual based and it has nothing to do with the condition of the golf course. For clarification, Mayor Glickstein stated with regard to the invocation it will not be decided by any one person. After the last City Commission meeting, the Commission tried to incorporate a Chaplain using the City Clerk with a non- denominational prayer that would be okay with everyone; however, they ran out of time. Mayor Glickstein stated the goal is to come up with something generic because there have been complaints from several people about some of the invocations not being general enough and the Commission is trying to find a balance that is okay for everybody. He stated with regard to the law there is separation of church and state and the City is trying to deal with that as well as maintain a policy that everybody is okay with. Mr. Jacquet moved to approve the Agenda before moving to Public Hearings, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 7. AGENDA APPROVAL: The City Attorney stated with regard to Item 8.L., Review of Appealable Land Development Board Actions (SPRAB meeting from November 20, 2013 Item #1— Atlantic Crossing) the City has received at least 4 or 5 appeals from private parties on that item. The City Attorney requested that this item be removed from the 6 12/03/13 Commission Agenda. Mr. Frankel stated also under Item 8.L. if a City Commissioner wants to file appeal (Planning and Zoning Item B) he has to raise the issue and the Commission would have to vote to approve the appeal. Mr. Frankel moved to place the Planning and Zoning Item 8.L.B., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia stated she has questions regarding Planning and Zoning Item 8.L.F., as it relates to Land Use and Development initiative. The City Attorney stated that is really not an appealable item because it would come in front of the Commission. Mark McDonnell, Interim Planning and Zoning Director, stated none of the items that were action taken by Planning and Zoning are appealable items; they are all recommendations. Mayor Glickstein stated he requested that item be pulled from this Agenda because since the time that was heard by Planning and Zoning Board, the City had the resignation of a Planning and Zoning Director as well as a City Attorney. Mayor Glickstein stated this will come before the Commission for approval. Mrs. Petrolia expressed concern that it was not presented the way the Commission decided it should have been presented. Therefore, Mrs. Petrolia stated this needs to go back to that board in the way that the Commission asked for it to go. Mrs. Petrolia moved to approve to have this re- presented as this Commission asked for it to be presented to the Planning and Zoning Board. Mrs. Petrolia stated this was not an elimination of conditional use; this was supposed to be a pause or a temporary hold -off of conditional use and it was presented as though it was the end of conditional and it may never get back on because it was going to be eliminated. Mrs. Petrolia reiterated that was not the direction of the City Commission. Mayor Glickstein stated not having a Planning Director on board is not the time to implement something like this. Mayor Glickstein stated he would like to hold off until the Planning Director position is filled so he /she can assess what they think the City needs to do at that time. Mrs. Petrolia moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 7 12/03/13 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 56 -13: ABANDONMENT OF WATER EASEMENT DEED/DELRAY BUICK/GMC: Approve Resolution No. 56 -13; abandonment of a 6' x 12' portion of a Water Easement, dedicated by the plat of Sherwood Pontiac Plat No. 1, as recorded in Plat Book 83, Pages 61 and 62, for Delray Buick/GMC, located at 2400 South Federal Highway. The caption of Resolution No. 56 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER EASEMENT DEDICATED BY THE PLAT OF "SHERWOOD PONTIAC PLAT NO. 1 ", AS RECORDED IN PLAT BOOK 83, PAGES 61 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 56 -13 is on file in the City Clerk's office.) 8.B. RENEWAL OF CONTRACT AWARD/DR. CRAIG B. KUSHINIR: Approve renewal of a contract award in the amount of $22,000 annually to Dr. Craig B. Kushinir D.O., for the position of Medical Director for the Fire Rescue Department. Funding is available from 001 - 2315 -526 -31.90 (General Fund: Professional Services /Other Professional Services). 8.C. AMENDMENT TO SUBORDINATION POLICY AND PROCEDURES FOR NEIGHBORHOOD SERVICES DIVISION: Approve an Amendment to the Subordination Policy and Procedures to be followed by the Neighborhood Services Division when homeowners assisted by grant funds request that the City subordinates its second mortgage position. 8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize execution of a Sub - Recipient Funding Agreement with Fair Housing Center of the Greater Palm Beaches under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $2,000.00 for the Fair Housing Center of the Greater Palm Beaches. Funding is available from 118 - 1966 -554 -82.12 (Neighborhood Services: Aid to Private Organizations/Fair Housing Center). 8 12/03/13 8.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL): Approve and authorize execution of a Sub - Recipient Funding Agreement with Achievement Centers for Children and Families under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $52,000.00 in support of the Beacon Center at Village Academy Elementary School. Funding is available from 001 - 4111 -572 -83.01 (General Fund: Other Grants & Aid). 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Approve and authorize execution of a Sub - Recipient Funding Agreement with Legal Aid Society of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $4,000.00. Funding is available from 118 - 1966 - 554 -82.12 (Neighborhood Services: Aid to Private Organizations/Fair Housing Center). 8.G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (MAIN FACILITY AND VILLAGE ACADEMY): Approve and authorize execution of a Sub - Recipient Funding Agreement with the Achievement Centers for Children and Families (ACCF) under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $56,033.00 for the Center's main facility and Village Academy. Funding is available from 118 - 1966 - 554 -82.09 (Neighborhood Services: Aid to Private Organizations /Child Care Center). 8.11. CONSENT TO ASSIGNMENTBUCKY DENT BASEBALL SCHOOL, INC.: Approve the Consent to Assignment from Bucky Dent Baseball School, Inc. to Elev8 Sports Institute, Inc. 8_I. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/ELEV8 SPORTS INSTITUTE, INC.: Approve Amendment No. 1 to the Lease Agreement with Elev8 Sports Institute, Inc., for the use of Robert P. Miller Park and Currie Commons Park. 8.J. LICENSE AGREEMENT /MAE VOLEN SENIOR CENTER, INC.: Approve a license agreement with Mae Volen Senior Center, Inc. for the use of the building and the parking lot at the Western Community Center for a term of one (1) year. 8.K ANNUAL PERFORMANCE BONUS /JCD SPORTS GROUP, INC.: Approve FY 2012/2013 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $11,134.80 and for Tennis Center operations in the amount of $5,583.60. Funding is available from 445- 4711 -572 -34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446- 4711 -572 -34.90 (Lakeview Golf Course: Other Contractual Service) and 001 - 4215 -575 -34.90 (General Fund: Operating Expenses- 9 12/03/13 Miscellaneous /Other Contractual Service). 8.L. PROCLAMATIONS: 1. None 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 18, 2013 through November 27, 2013. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Midrange Support & Service, Inc., in the amount of $44,900 via State Contract #250- 000 -09 -1. Midrange Support & Service, Inc. was the reseller for the iSeries and has provided continued support. Funding is available from multiple accounts. Mrs. Petrolia moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2012 -2013 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated item is for the Commission to approve the 2012 -2013 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development (HUD) for utilization of federal grant funds. Mrs. Butler stated the City spent approximately $1.3 million this past year from various sources (State, Federal, and local monies). She stated this is the third year of the five -year plan. Staff requests the support of the Commission to accept the report. Mrs. Butler stated the report has been made available for the past 15 days for public comment and the City did not receive any public comment. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission on this item, the public hearing was closed. Mr. Jacquet inquired about the public comments. Mrs. Butler stated this was published in the newspaper, online, posted at the Neighborhood Resource Center, 10 12/03/13 and within their office and noted that the public comment could have been submitted by telephone, email, or any other means. Mr. Frankel moved to approve the 2012 -2013 Consolidated Annual Performance and Evaluation Report (CAPER), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 31 -13: Consider an amendment to Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic beverages on Sunday morning. The caption of Ordinance No. 31 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION ", TO REMOVE THE RESTRICTION OF SELLING ALCOHOLIC BEVERAGES ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance allows the sale of alcohol on Sunday morning. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 31 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 31 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 32 -13: Provide for Charter revisions by amending Section 3.12, "Procedure ", to provide clarification regarding the voting procedure; providing for a referendum on March 11, 2014. 11 12/03/13 The caption of Ordinance No. 32 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE CLARIFICATION REGARDING THE VOTING PROCEDURE; PROVIDING FOR A REFERENDUM ON MARCH 11, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32 -13, the public hearing was closed. Terrill Pyburn, Assistant City Attorney, stated staff looked at the ordinance and the Charter provisions of approximately 14 other cities and this is what staff came up with to try to address the issues the Commission discussed previously dealing with tie votes. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32 -13, the public hearing was closed. Mrs. Petrolia asked how this will coordinate with the local rules. Mrs. Petrolia stated the rules will need to be changed in order to comport with the changes in the Charter and there will voting provisions listed in the Charter and not referenced in the rules. Mr. Frankel asked if this can be condensed into a handout. Ms. Pyburn stated that staff can do this. Mr. Jacquet thanked the City Attorney's office for working on this and stated he particularly likes the wording in Subsection 3 because it is very clear that any action will need at least three (3) affirmative votes and if not then the motion fails. Mrs. Gray moved to adopt Ordinance No. 32 -13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. 12 12/03/13 Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 33 -13: Consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. The caption of Ordinance No. 33 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated Palm Beach County municipal "Vehicles for Hire" ordinance addresses the industry standards for "Vehicles for Hire" which deal with the qualifications and background checks, inspections for vehicles, description of vehicles, insurance requirements, advertisements, renewal requirements, etc. (which is done here in Delray Beach). Brock Rosayn, 1587 S.W. 4th Avenue 10 -D, Delray Beach, FL, owner of Metro Taxi, owner of Metro Taxi, stated he supports the amendment going forward. There being no one else from the public who wished to address the Commission regarding Ordinance No. 33 -13, the public hearing was closed. Mr. Frankel asked Captain Tommy Mitchell how the Police Department is going to inform people of the new procedures. Captain Mitchell stated the County ordinance will allow them to enforce the taxi rules and regulations in Palm Beach County; however, the taxis that people see coming in will still be allowed to pick up and drop off. Captain Mitchell stated since Mr. Rosayn was the Chairperson for the Vehicle 13 12/03/13 for Hire Committee for Palm Beach County he wanted all the taxi cabs to register in Delray Beach as well. However, Captain Mitchell stated that might not happen and then the City would be limiting the competition because nowhere in the new ordinance in the county and per his instructions for the Palm Beach County League of Cities was not to negotiate rates; people can charge whatever they want and they would limit the competition. Captain Mitchell stated people will always be allowed to drop off in Delray Beach but they just would not be allowed to pick up. Mr. Jacquet clarified that the County ordinance states that all the vehicles must be registered and the City will not require them to register in Delray Beach. Mr. Jacquet asked if there are any other municipalities within Palm Beach County that has an ordinance that requires them to register. Mr. Rosayn stated the City of Boca Raton, City of Delray Beach, the City of Lake Worth, the City of West Palm Beach, Palm Beach, and believes there is another one that is in North County. Mr. Rosayn stated they are not looking to limit competition but they are looking to have quality service. Mr. Rosayn stated there are a lot of single cab owners who come from out of the City of Delray Beach (i.e. Lake Worth, West Palm, etc.) Friday night, Saturday night, and Sunday night where a full service company has a 24 -hour dispatch and serves the community 24 hours a day 365 days a year. Mr. Jacquet stated the intent of bringing this up was to have vehicles registered in the city and on Thursday, Friday, and Saturdays there are too many cabs all over downtown. Mr. Jacquet stated the officers concern is they cannot control or regulate them and therefore it is a safety concern for the residents. Mr. Jacquet stated he would like to see Delray Beach mirror the County and the other municipalities that have the requirement that cabs register in the city. Mr. Rosayn stated he feels it would be a revenue source for the city as well to help protect the residents and suggested that each company meet a certain criteria top rate in the city and that all of their cars have a colored decal on the windshield. Officer Mitchell stated Palm Beach County does not regulate what the fare is but whatever fare is advertised they would have to stick by it. Officer Mitchell stated Consumer Affairs would regulate where the business would be located and if a taxi business registers with the County they can call Consumer Affairs, find out who the owner is and track down the drivers that way but currently there is nothing the Police Department can enforce. Mayor Glickstein asked about what the downside is to registering in Delray Beach. Captain Mitchell stated he is not sure how they would police it. Mr. Jacquet stated the consumer may not look for it but when the Police Officer are patrolling they would know automatically whether or not a cab belongs here or not. Brief discussion between Captain Mitchell and the Commission followed. Mr. Jacquet stated he feels by having the taxis registered in the city would be the best way to alleviate the problems the city has and at the same time raise some revenue for the city and address the Commission's concern over public safety. Mr. Jacquet expressed concern that just by registering with Palm Beach County the City may not be addressing the problem in its totality in the way that we should. 14 12/03/13 Mr. Rosayn stated part of his obligation is to provide quality service and to make sure that his drivers make enough money to feed their families and clothe their children. However, Mr. Rosayn stated part of the problem is that there are other cabs from out of the area that do not service Delray Beach who come to Delray on Friday and Saturday nights and they are taking away business from legitimate taxi companies. Mr. Rosayn reiterated that he supports the amendment going forward but he also would like to have all companies who want to operate in the City of Delray Beach to have an occupational license and stickers on their vehicles to show the Police Department that they are an authorized cab company that can operate in the City of Delray Beach. Mayor Glickstein stated the registration is a deterrent and feels it would help to eliminate some of the problems because he is looking at this from the perspective of the traffic in the downtown at these peak hours is made worse because the cabs are moving slowly and looking for somebody to pick up with recognizing there are some limitations on enforcement. Mr. Jacquet suggested that the registration be added into the City. Mr. Frankel stated he agrees with the intent and idea; however, he stated they do not know if the cost coming into the City if personnel will pay for it or if we can have the systems in place. Mayor Glickstein suggested that the Commission set a six (6) month revisit on this issue and perhaps the situation with Code Enforcement and Law Enforcement is different at that time. Mr. Jacquet stated the reason he had brought up this issue several weeks ago was because he wanted to ensure that the City was to do something to make sure that the taxi cabs register in the City of Delray Beach. Mrs. Petrolia also suggested that within the next six (6) months that staff go to some of the neighboring cities (i.e. City of Boca Raton) and ask them what is it taking to do this, how much manpower is needed, and how much is it costing. She stated that way the Commission has a template to look at and make the decision based on experience that is already out there. Mr. Jacquet moved to approve Ordinance No. 33 -13 with the caveat that the City Commission will revisit this in six (6) months, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 11. FIRST READINGS: A. None At this point, the time being 7:50 p.m., the Commission moved back to Item 9 of the Regular Agenda. 15 12/03/13 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/KAAB NURSING SCHOOL: Consider a conditional use request to allow the establishment of a vocational nursing school for Kaab Nursing School, within the Congress Park Development, located on the west side of South Congress Avenue, south of West Atlantic Avenue. The proposed use will occupy a 4,100 sq. ft. tenant space located on the second floor of the existing 3 -story office building at 220 Congress Park Drive within the office park. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Interim Planning and Zoning Director, entered the Planning and Zoning project file #2014 -004 into the record. Mr. McDonnell stated this is a conditional use to allow the operation of the KAAB Nursing School within a 4,100 square foot tenant space located on the second floor of an existing 52,712 square ft. office building in the Mixed Residential Office and Commercial (MROC) zoning district. The property is located at 220 Congress Park Drive approximately 870 feet south of West Atlantic Avenue on the west side of Congress Avenue. Mr. McDonnell stated the proposal includes leasing a 4,100 square ft. tenant space located on the second floor of the existing 3 -story office building to operate the KAAB Nursing School which will offer educational diplomas for nurses. There will be a maximum of 40 students at any given time and there are existing businesses in the area but they primarily close at 5:00 p.m. The proposed hours of operation for the proposed school are 8:00 a.m. to 9:30 p.m. Monday through Friday. Mr. McDonnell stated staff sent this to the Police Department for a CEPTED review and they wanted all of the lights in the parking lot upgraded; however, the Planning and Zoning Board felt that was a little excessive so they compromised and requested that the eight (8) required spaces for the nursing school if they could reserve those in this area either on the wheel stops or with signage and upgrade the lighting in this area so that when the students are getting out at 9:30 p.m. that they have safe illumination and their vehicles are parked close to the entrance to the school. At its meeting of November 18, 2013, the Planning and Zoning Board recommended approval with a vote of 5 to 0 with those conditions (reserved spaces, adequate illumination, and landscape upgrades). Staff recommends approval. 16 12/03/13 Jeffrey Lynne, Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, agrees with staff's recommendation. There being no one from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Petrolia moved to adopt the Board Order approving the conditional use request, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.11. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Petrolia (Seat #1). Mrs. Petrolia moved to appoint John Jackson as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.C. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Approve an appointment to the Police & Firefighters Retirement System Board of Trustees. Mayor Glickstein moved to appoint Jack Warner to the Police and Firefighters Retirement System Board of Trustees, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:59 p.m., the Commission to Item 12, Comments and Inquiries on Non - Agenda Items. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager None. 17 12/03/13 12.B. City Attorney The City Attorney stated he will be out of town Thursday, December 5m and Friday, December 6 th Secondly, the City Attorney stated Section 31.015 of the Code of Ordinances references the City Attorney qualifications and states "that the City Attorney shall be a legal resident or have his principal office in the city at the time of his appointment and during his tenure in office." The City Attorney stated this would be limiting who the Commission would be selecting so he will bring forth an ordinance to leave that provision out of the City's Code of Ordinances; it will be a first reading at the December 10, 2013 meeting and a second reading at the first meeting in January (January 7, 2014). 12.C. City Commission 12.C.1. Mrs. Gray Mrs. Gray stated Governor Rick Scott and Attorney General Pam Bondi filed amicus briefs supporting the Mississippi lawsuit against the Federal Government with the unfair National Flood Insurance Program (NFIP) rate hike. She stated many residents have had increases to their insurance and asked if there is some way that the City of Delray Beach can help support this. The City Attorney stated staff can look into this. Secondly, Mrs. Gray stated the City's General Obligation Bonds have gone from a "AA" to a "AAA ". Mrs. Gray stated the Commission for Law Enforcement Accreditation voted to award the City of Delray Beach a re- accreditation for its exceptional standards of professionalism. Mrs. Gray congratulated and recognized Police Chief Strianese, sworn officers, and Maria Marino - Bollan, Accreditation Manager, for this prestigious award and for winning this award in 2007, 2010, and 2013. Mrs. Gray stated Representative Bobby Powell has filed House Bill 141 for the Florida Enterprise and Empowerment Zones and asked if staff can get more information on this. She stated the enterprise zones are very important in the Congress Avenue Corridor and the West Atlantic Avenue Corridor. Mrs. Gray stated last night's Town Hall Lecture Series was awesome. She thanked Mayor Glickstein for bringing Andres Duany and she looks forward to the rest of the series. Lastly, Mrs. Gray thanked everyone for supporting the Sports Destination. 18 12/03/13 12.C.2. Mrs. Petrolia Mrs. Petrolia asked the City Manager if he was able to get over to Marina Way. The City Manager stated he has not; however, the Engineering Department will look into the issue. Secondly, Mrs. Petrolia inquired about the City hiring a head hunter in order to be able to attract the best people and lure them in to fill the open Department Head positions. 12.C.3. Mr. Jacquet Mr. Jacquet stated after the City takes a look at the Enterprise Zone Bill if it is something that the Commission feels is in the best interest of the city, he would encourage the City to support that piece of legislation as a body. Mr. Jacquet stated the Palm Beach County Delegation may support it as well. Secondly, Mr. Jacquet stated he hopes everyone had a great Thanksgiving and he had the opportunity of picking up about 200 meals from Riviera Beach via Christ Fellowship Church. Mr. Jacquet stated on Thanksgiving Day he went around the city and delivered some meals to people who are in need. Mr. Jacquet stated he spent time at the radio station, two churches, the southwest community, and distributed food to some of the homeless people at the new Libby Wesley Park. Mr. Jacquet publicly thanked Alan Kornblau, Delray Beach Public Library Director, for helping a 7th grade student at Carver Middle School who had a paper to write and he did not have a computer at home or a library card. Mr. Kornblau took him into his office and let him work on a computer so that he could do his work. Mr. Jacquet stated today he received a package from students of Orchard View Elementary School who sent him thank you notes for when he was there for Career Day. Lastly, Mr. Jacquet apologized for not being able to attend the Menorah Lighting. 12.C.4. Mayor Glickstein Mayor Glickstein requested that the appointment of Terrill Pyburn as Interim City Attorney be made at the next City Commission meeting. In terms of the position, Mayor Glickstein stated he would like the job description changed to a minimum requirement of five (5) years' experience in municipal law and suggested that this be published in The Florida Bar News and the Florida Bar Journal. 19 12/03/13 Mr. Jacquet suggested that the City cast a wide net to make sure that this includes people from the private industry and those from government. It was the consensus of the Commission to start advertising the position for City Attorney. Mayor Glickstein inquired about the status of the positions of the Finance Director and Planning and Zoning Director. Mayor Glickstein stated there was an unusual event at the last Commission meeting which has brought the need to assess City Hall security. Mayor Glickstein suggested that employees have ID tags to control the circulation in City Hall and other public buildings and he has asked the Police Chief to make some recommendations to address the security concerns. Mayor Glickstein distributed a photo of a trolley from Kennebunkport, Maine and explained there is advertising on the trolleys which was tastefully done. He commented on the Town Hall Lecture last night and noted the speaker is one of the preeminent land planner /architects in the country with international exposure. Mayor Glickstein stated he finds it troubling that someone of Mr. Duany's caliber was in our town and there was not one person from the Planning and Zoning Department in attendance. Mayor Glickstein stated Randal Krejcarek was there because a big part of the discussion was infrastructure. Lastly, Mayor Glickstein apologized to the people who were expecting more in terms of the Menorah Lighting. 20 12/03/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to establish an instructional school (KAAB Nursing School) in the Mixed Residential Office and Commercial Zoning District has come before the City Commission on December 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Uptown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes f No b. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? December 3, 2013 City Commission Meeting; Item 9.A. Yes ✓ No C. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use).: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes ✓ No b. Site Plan: Pursuant to LDR Section 4.6.9(C)(6)(e), private, or public educational facilities for colleges, vocational and trade schools shall provide one (1) space for every five (5) students which can be accommodated at maximum capacity. At maximum capacity, KAAB Nursing School can accommodate forty (40) students. IN such a case, eight (8) parking spaces (40 students 1 5 spaces per student = 8 spaces) are required for this use. This number coupled with the balance of the building brings the required total to 180. The existing parking includes 199 standard spaces, 51 covered garage spaces and seven (7) handicap spaces for a grand total of 257 spaces. Use Square Footage Parking per Use Parking Required 4 spaces 11,000 for Office Business use 48,612 the first 3,000 sq. ft. 172 3.5 spaces 1 1,000 over 3,000 sq. ft. Educational Use One parking space KAAB Nursing 4,100 for every 5 students 8 School Total Parking 180 Spaces This results in a surplus of seventy seven (77) parking spaces (257 — 180 = 77 spaces). In summary, there will be sufficient parking on -site for each of the 40 students to drive and park their individual vehicles. Are these requirements met? 2 December 3, 2013 City Commission Meeting; Item 9.A. Yes ✓ No C. Landscaping: The City's Senior Landscape planner has reviewed the proposal respective to requirements for LDR Section 4.6.16 (Landscaping) and has attached the following conditions of approval: 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice. Upon addressing these site plan improvements (attached as conditions of approval), the conditional use will be found in compliance with LDR Section 4.6.16 Landscaping. Are these requirements met? Yes ✓ No d. CPTED (Crime Prevention Through Environmental Design): The City's Police Department has reviewed the development proposal for KAAB Nursing School and has offered the following comments and recommendations: Natural Surveillance (NS): Natural Surveillance (NS) to and from the building, the parking lot, and South Congress Avenue is very good. Natural Access Control (NAC): Parking lots have limited points of ingress and egress. However, the north parking lot is just a few yards from the large Congress Square shopping plaza located on West Atlantic Avenue. This plaza could provide a quick escape route for assailants, especially in the late evening hours. The proposal does not indicate whether the basement covered parking garage will be opened and available to students and staff. Parking garages are among the most difficult types of commercial properties to protect; present property, patrons, and employees with the greatest risk of becoming victims of crime. The applicant has indicated that as light need to be replaced, they will be replaced with LED or metal halide lamps lights. However, as only eight (8) parking spaces are 3 December 3, 2013 City Commission Meeting; Item 9.A. required for the proposed use, staff and students should be advised to use only the surface parking lot and not park in covered parking garage. Landscaping: From a CPTED perspective the site contains the appropriate trees, shrubs, and ground cover. Landscaping maintenance strategies have historically been sufficient. Upon addressing these CPTED safety concerns, the conditional use will be found in compliance with applicable sections of the City Code. Are these requirements met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this 3rd day of December, 2013, by a vote o opposed. ATTEST: Chevelle Nubin City Clerk f 5 in favor o a roval and 0 Cary D. Glic to , Mayor 4 December 3, 2013 City Commission Meeting; Item 9.A. EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice. 2. That the applicant reserves eight (8) designated parking spaces (24 hours a day, seven days a week) for the students of the school. These parking spaces must be located closest to the building with improved illumination for the eight (8) required parking spaces pursuant to the LDRS. December 3, 2013 City Commission Meeting; Item 9.A. DECEMBER 10, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 10, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet (arrived at 6:04 p.m.) Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Mayor Glickstein. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of September 10, 2013 Workshop Meeting, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of October 15, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to vote. Mrs. Gray moved to approve Minutes of the Regular Meeting of November 5, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 12/10/13 5. PRESENTATIONS: 5.A. Recognizing and commending Nancy K. Hurd for her multitudinous contributions Mayor Glickstein read and presented a proclamation hereby recognizing Nancy Hurd for her multitudinous contributions to the children of the city. 5.A.1. RESOLUTION NO. 60 -13: Approve Resolution No. 60 -13; provide authorization to name the east -west public alley located between Lake Ida Road and N.W. 4m Street "Nancy's- Way ", as requested by the Board of Directors of the Achievement Center for Children and Families (ACCF). The caption of Resolution No. 60 -13 is as follows: A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE EAST - WEST PUBLIC ALLEY BETWEEN LAKE IDA ROAD AND NW 4TH STREET "NANCY'S WAY "; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 60 -13 is on file in the City Clerk's office.) Mr. Frankel moved to approve Resolution No. 60 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, Nancy's staff came forward and thanked the City Commission for granting their request. In addition, Nancy Hurd gave a few brief comments. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public. 6.A. City Manager's response to prior public comments and inquiries. With regard to an inquiry about the status of the Waste Management case, the City Manager stated the City is scheduled for trial in February 2014 and the City has expended to date approximately $45,000. Secondly, with regard to an inquiry about 1201/1205 Bond Way and Federal Highway, the City Manager stated both properties have been acquired by Grape Vine House, LLC and the second floor space has been converted to office space housing 2 12/10/13 business offices servicing clients in recovery; for individual and group therapy. He stated the space that once contained a consignment store has been converted into an office also. The City Manager stated the City changed the look of its water bill but the net affect bill bottom line remains the same; some of the sub -costs that were associated with the production of water have been broken out. The City Manager stated the City has opted not to continue with joining in the Governor's Amicus Brief regarding the National Flood Insurance. Today, the City Manager stated the following states have filed Amicus Briefs: Florida, Alabama, Massachusetts, South Carolina and Louisiana. The City Manager stated the City has discussed the possibility of filing a resolution in support of the State's involvement. With regard to Commissioner Gray's concern about House Bill 141 and Senate Bill 417 pertaining to the Florida Enterprise Zone Act, the City Manager stated 12,000 Senate versions of the Bill are proposed to postpone and repeal the actions so the Act would extend it from December 31, 2015 to 2025. With regard to the advertising on trolleys, the grants allow the City to consider it; however, pursuant to the LDRs it is currently not allowed. The City Manager commented about Senate Bill 342 and 309. He stated the state currently pre -empts the issue of the smoking regulation. Therefore, the City Manager stated staff suggests that a resolution to show the City's support of the proposed legislation would be appropriate for the City Commission to act on. Lastly, the City Manager stated the Engineering Department plans to do traffic counts on George Bush Boulevard. 6.B. From the Public. 6.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), briefly spoke about the numerous vacant positions in the city and suggested anger management classes. 6.B.2. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33483, briefly spoke about the Atlantic Crossing development project and referenced an email he sent to the City Commission about the developer not inviting any local businesses from the black community to participate. Mr. Smith read a brief statement into the record. 6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, thanked the City Manager for his comments regarding the Waste Management contract. 12/10/13 Secondly, Ms. Moody commented about people coming to the Commission meetings making everything about black and white. She stated she is giving back to the community by helping to clean up around the city. 6.11.4. Sylvia Gillion, 2146 SW 13th Street, Delray Beach, FL 33445, expressed concern that she does not want the City of Delray Beach or anyone else to get a misunderstanding that Delray Mothers Against Violence has anything to do with the political campaign for Ms. Brinson. Secondly, Ms. Gillion stated for their event they need speakers with an amplifier and a microphone and asked what is required of them to have this event take place as it did in January 2013. Ms. Gillon stated they would like the walk to start in the back of City Hall to walk the back way through the community. She asked what they need to do in order to get this noise waiver and to get the support from the city regarding this matter. 6.11.5. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, thanked the City Commission for responding to their request for the street fixing at Martin Luther King Street and NW 12th Avenue. Secondly, Ms. Alford thanked Mayor Glickstein for the prayer this evening. Mrs. Gray stated staff will get back to Ms. Gillon regarding the noise waiver. Mr. Jacquet thanked Mrs. Alford for taking the time to speak at the City Commission meeting and thanked staff for responding to her so quickly. 7. AGENDA APPROVAL. The City Manager requested that Item 8.0.3 through 8.0.7. be removed from the Consent Agenda. Mr. Frankel stated he received an email from the City Clerk at 4:32 p.m. today regarding Mr. Newman's letter about the plat approval for 1001 Hibiscus Lane and noted he did not have the opportunity to go through it. The rest of the Commission stated that they too have not had the opportunity to review. The City Attorney suggested that the Commission discuss this when they actually get to Item 9.11. (Final Subdivision Plat Approval and Waiver Request for 1001 Hibiscus Lane Plat) since it is a Quasi- Judicial Hearing and make their determination at that time. Mrs. Petrolia requested that Item 8.1, Agreement for Consulting/Professional Services/International Enterprise Development be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. 4 12/10/13 Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 57 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /65 PALM SQUARE): Approve a tax exemption request for eligible improvements to the property located at 65 Palm Square within the Marina Historic District; and approve Resolution No. 57 -13. The caption of Resolution No. 57 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PATTON INVESTMENT, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 65 PALM SQUARE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 57 -13 is on file in the City Clerk's office.) 8.B. FINAL SUBDIVISION PLAT APPROVAL/DELRAY VILLAGE SHOPPES (f /k/a LINTCO DEVELOPMENT): Approve a final plat for a new shopping center development to be platted as Delray Village Shoppes (f /k/a Lintco Development) located on the north side of Linton Boulevard, west of S.W. 4th Avenue. 8.C. REQUEST FOR SIDEWALK EASEMENT AND SIDEWALK DEFERRAL AGREEMENTS /1108 NORTH VISTA DEL MAR DRIVE: Approve acceptance of a sidewalk easement and sidewalk deferral agreement along North Vista Del Mar Drive associated with the additions and alterations to the property located at 1108 North Vista Del Mar Drive. 8.D. RESOLUTION NO. 55 -13; ABANDONMENT OF UTILITY EASEMENT /GROVE AT LAKE IDA: Approve Resolution No. 55 -13; Grove at Lake Ida - Resolution No. 55 -13 — Abandonment of a 16' Utility Easement running north and south from Northwest 12th Street to Grove Way in Delray Beach, Florida. The caption of Resolution No. 55 -13 is as follows: 5 12/10/13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY EASEMENT DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1856, PAGE 642 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 55 -13 is on file in the City Clerk's office.) 8.E. HOLD HARMLESS AGREEMENT/ 2225 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Delray Villages by the Sea, LLC., to install and construct utilities in the State DOT right -of -way at property located at 2225 South Ocean Boulevard. 8.F. AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /CONSTRUCTION PROFESSIONAL SERVICES FY 2012 -2013: Approve Amendment No. 3 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to modify Exhibit "A" to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2012 -13. 8.G. CHANGE ORDER NO. 1/ROSSO SITE DEVELOPMENT, INC.: Approve Change Order No. 1 with Rosso Site Development, Inc. for a contract time extension of twenty -eight (28) days; and approval in the amount of $13,127.72, for the installation of drainage structures, pipe and sidewalk removal and replacement, to be paid out of the contract's Undefined General Allowance, to Rosso Site Development, Inc., for the Osceola Alleys Phase I Project. Cost to be funded out of the Contract's Undefined General Allowance. 8.H. LANDSCAPE MAINTENANCE AGREEMENT /924 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Lidia Anna Soltysik - Kaminska, Zygmunt Kaminski and Piotr Marcin Kaminski for landscape installation within the right -of -way at 924 South Ocean Boulevard. 8.I. LANDSCAPE MAINTENANCE AGREEMENT/DELRAY PLACE, LLC.: Approve a Landscape Maintenance Agreement with Delray Place, LLC., for landscape installation within the right -of -way of Eve Street. 8_J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.K TRIPARTITE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): EAGLE NEST PROGRAM PROJECT: 6 12/10/13 Approve a Tripartite Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency (CRA) and the School Board of Palm Beach County, Florida for the Eagle Nest Program Project #3 at Atlantic High School Career Academy. 8.L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. 8.M. RESOLUTION NO. 59 -13: Approve Resolution No. 59 -13 regarding the March 11, 2014 First Nonpartisan and Special Elections. The caption of Resolution No. 59 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, 2014; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 25, 2014; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 32 -13; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 59 -13 is on file in the City Clerk's office.) 8.N. PROCLAMATIONS: 1. Calling for the First Non - Partisan and Special Elections to be held on March 11, 2014 8.0. AWARD OF BIDS AND CONTRACTS: 1. Award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liquid ferric chloride for use at the Water Treatment Plant (WTP) FY 2014. Funding is available from 441 - 5122 -536 -52.21 (Water & Sewer Fund: Operating 7 12/10/13 Supplies /Chemicals). 2. Purchase award to Florida Bullet, Inc. in the amount of $52,775.60 for ammunition for training and on -duty use for the Police Department. Funding is available from 001 - 2111 -521 -52.20 (General Fund: Operating Supplies /General Operating Supplies). 3. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 4. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 5. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 6. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 7. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES/ INTERNATIONAL ENTERPRISE DEVELOPMENT: Approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of $50,000.00 to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. Funding is available from 118 - 1965 -559 -49.59 (Neighborhood Services: Other Current Charges/Micro Lending) and 118 - 1966 - 559 -49.59 (Neighborhood Services: Other Current Charges/Micro Lending). Lula Butler, Director of Community Improvement, stated this item is a request to approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of $50,000. At its regular meeting of June 20, 2013, the City Commission agreed to enter into an Interlocal Agreement with the Community Redevelopment Agency (CRA) to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. On October 13, 2013, the City issued a Request for Qualifications (RFQ) for the technical assistant component of the program and two firms responded. Staff recommends that the contract be awarded to International Enterprise Development, Inc. (IED). 8 12/10/13 Vin Nolan, Economic Development Director with the Community Redevelopment Agency (CRA), stated they have been trying to move forward with this and they now have their guidelines in place. Mrs. Petrolia stated she fully supports this but inquired how the City is going to reach those people that would benefit from this program. Mrs. Butler stated Nigel Roberts, Neighborhood Services Administrator, will be the responsible staff person that will monitor and will make sure that the performance measures are met. She stated the City does a type of outreach with advertising, knock on doors, and send out letters to various organizations to facilitate information through. Mr. Nolan stated Elizabeth Burrows, Economic Development Manager, conducts grant workshops and so small businesses who participate in that will also get this information. Mr. Jacquet stated he has had the opportunity of attending those grant programs workshops and they are quite helpful for the small businesses. He stated OPPAGA (Office of Program Policy Analysis and Government Accountability) did a study last year and had three recommendations for Enterprise Zones: (1) to do away with them altogether, (2) to allow them to sunset as per the sunset date, and (3) to change the structure and qualifications of Enterprise Zones. Mr. Jacquet stated on the State level he and Commissioner Gray are both members of the Economic Development Group Management Committee for the Florida League of Cities and one of the major pieces of legislation they are pushing is to propose those changes for Enterprise Zones that would allow the legislature and the current Governor to feel comfortable enough with Enterprise Zones to keep them. Mr. Jacquet expressed concern over how much work this organization will be able to do if we stop the Enterprise Zones. Mr. Nolan stated it will have no impact on this program; this is a locally sponsored and initiated program that is not constrained by the geography of any particular zone. Mr. Nolan stated there are Target areas that they are focused on both in West Atlantic and Osceola Park. Mr. Nolan stated although there were several inquiries there were only two well qualified organizations that offered because their guidelines were pretty stringent. Mr. Nolan stated this particular provided has an extensive amount of experience both in Florida and internationally. Mr. Jacquet stated it is crucial to have a local organization that is able to get in touch with the community; however, he feels that too many times in the past and now certain communities are being exploited. Mr. Jacquet stated he understands the community that needs it most and does not want to see is the community not really getting what they need. Mrs. Gray stated as a small business owner she is very excited about this program. Mrs. Butler stated at least 51% of them have to be low income to meet below the poverty level but the businesses have to be located within the CDBG or CRA area. The boundaries for CDBG are Federal Highway, Lake Ida North to Linton Boulevard west of I -95. 9 12/10/13 Brief discussion between Mr. Nolan and Mrs. Gray followed. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.1), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTS/UPTOWN DELRAY: Consider approval of three (3) waivers to Land Development Regulations (LDR) Sections 4.4.13 (17)(1)(c), "Floor Height ", 4.6.18(13)(14)(iv)(2), "Window Area ", and 4.6.18 (13)(14)(vi)(4)(b), "Garage Facade ", associated with the Class V site plan for the Uptown Delray project located on the north side of S.E. 2nd Street, between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he previously met with the attorney and the applicant. Mrs. Gray stated she met with the attorney and the applicant. Mayor Glickstein stated he had no ex parte communications. Mrs. Petrolia stated she spoke to the attorney and the applicant. Mr. Jacquet stated he has the same ex parte communications as the previous time this item was discussed. Mark McDonnell, Interim Director of Planning and Zoning, entered the Planning and Zoning project file #2013 -031 into the record. Mr. McDonnell stated this is a mixed -use development consisting of residential, retail, and structured parking. He briefly reviewed the aerial displaying the existing property and the three waivers associated with this development. He noted this project was recommended for significant changes throughout the review process. Mr. McDonnell stated SPRAB recommended approval of the three waivers and staff also supports. Michael Weiner, Weiner, Lynne, Thompson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, Attorney representing the applicant, stated they are aware of the requirements of LDR Section 2.4.7 and is happy to have had the success with SPRAB, the Planning and Zoning Board, and the City Commission regarding the conditional use. Mayor Glickstein asked if SPRAB's vote was unanimous. Mr. McDonnell stated SPRAB's vote was unanimous. Mayor Glickstein stated in the future he would like to see the vote included in the Planning and Zoning staff report. 10 12/10/13 Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mayor Glickstein asked Mr. Weiner to explain the term "ghosting" with regard to the garage facade. Mr. Weiner stated there is an unusual situation concerning that particular facade and noted this is across from the AT &T building (i.e. the west elevation). Mr. Weiner stated a better approach to the facade was to carry out a residential theme that allowed them to still hide the garage but allow the residential to have some kind of relationship to the rest of the structure and that it blend with the residential structures that are further down the street to the south. Brief discussion between Mayor Glickstein and Mr. McDonnell followed. There was no cross - examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 1001 HIBISCUS LANE PLAT: Approve a final plat and a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. (Quasi- Judicial Hearing) The City Attorney briefly discussed a letter from an Attorney who was just brought on board and based on that they would request that the Commission postpone it to allow them to further evaluate the case. Randal Krejcarek, Director of Environmental Services, stated the Planning and Zoning Board voted 5 to 0 on November 18, 2013. Mayor Glickstein stated he does not feel it is fair to the applicant that staff received a letter the night before the meeting. Mr. Jacquet asked if this was an attorney they recently retained. Mr. Frankel stated according to the first paragraph this attorney was engaged yesterday. Mr. Jacquet stated had they had this attorney back then he would agree with Mayor Glickstein; however, since they recently retained an attorney and this issue 11 12/10/13 has a legal issue intertwined with the easement he suggested that the Commission postpone this. Mr. Jacquet asked if there any deadlines that could negatively affect the applicant if this were presented at the next meeting. Chuck Halberg, 205 George Bush Boulevard, Delray Beach, FL 33483, stated this has been going on since prior to July 2013. Mr. Jacquet stated as a quasi-judicial hearing he feels that he afforded the same respect that a judge would. Mr. Jacquet stated it is a serious matter when dealing with property rights that when someone brings in their attorney to the issue he feels it is worth it to wait; however, he does not want to put the applicant at a huge disadvantage. Mrs. Petrolia stated she does not know what the implications are of moving forward tonight or postponing it. Mr. Frankel moved to table Item 9.B. to the regular City Commission meeting of January 7, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet —Yes; Mr. Frankel — Yes. Said motion to table passed with a 3 to 2 vote, Mayor Glickstein and Commissioner Petrolia dissenting. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 58 -13 /CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SQUARE RETAIL SPACE: Approve Resolution 58 -13; authorizing approval of a contract by resolution authorizing the sale and purchase of interior space on the first floor of the Old School Square Parking Garage. The caption of Resolution No. 58 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. 12 12/10/13 (The official copy of Resolution No. 58 -13 is on file in the City Clerk's office.) The City Attorney briefly outlined the terms in the Purchase and Sale Agreement for the Old School Square Retail Space. Mayor Glickstein declared the public hearing open. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, read a brief statement into the record regarding the CCC Agreement and stated that the Kennedy Center set up should be used as a role model for the Arts Garage. Mr. Blum stated the building should not be sold and suggested that it remain City owned and controlled just as the Kennedy Center remains a Federal facility. Robert Schmier, 1000 S. Vista Del Mar, Delray Beach, FL 33483 President of the Creative City Collaborative (CCC), stated the decision was made in April (2013) to sell the space to the Arts Garage and CCC as opposed to a commercial facility because of what they do for the City, the economics of the City, and the general public. Mr. Schmier stated that the CCC is a 501(c)(3) and he briefly explained the programming. Cheryl Perl, 2422 Northwest 36th Street, Boca Raton, FL 33431, briefly spoke about what the Arts Garage has done for her child as well as other children in the community. Ms. Pearl stated the Arts Garage does not turn anyone away and scholarship as much as possible and a lot of the kids have nowhere else to go. She stated it is a beautiful program. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated this is a business deal and feels the terms of the agreement are ridiculous. Dr. Kirson stated he concurs with comments expressed by Mr. Blum and if passed would question whether this is legal or not. Alan Slosber2, 200 MacFarlane Drive Apt #502 -N, Delray Beach, FL 33483, urged the Commission to visit the Arts Garage and agrees that it is an issue more than just money. Mr. Slosberg stated people come from all over South Florida to visit the Arts Garage and have even relocated here because of it. He stated the City benefits tremendously from the Arts Garage and urged the Commission to make this happen. Peter Armor. 700 East Bovnton Beach Boulevard. Bovnton Beach. FL, stated his friends from Boynton Beach, Boca Raton, and other parts of South Florida come to the Arts Garage because of the entertainment and because of what it means. Mr. Armor stated the Arts Garage is not only providing entertainment service for the Delray community it is also providing for revenue for all the businesses in the area. 13 12/10/13 Annette Riseber2, 16130 Poppyseed Circle, Delray Beach, FL 33484, stated her children are at 16 and have been performing at the Arts Garage. She stated the children learn how to become actors, musicians, and better people. She stated Drew Tucker from the Arts Garage was able to get two students from Atlantic High School to open for Natalie Cole. She stated people come from all over come to the Arts Garage and it helps Delray Beach in many ways. Laurie Kersch, 4001 North Ocean, Gulf Stream, FL, moved here from New Jersey and stated her daughter was being bullied and she was accepted immediately at the Arts Garage. She urged the Commission to keep the Arts Garage open and invited the Commission to come see her daughter perform in the production of Fame. Cindi Freeburn, 371 East Mallory Square Delray Beach, FL 33483, Music Teacher, stated national studies have been done with respect to the economy in South Florida on a station out of Miami and it talked about the value of the arts in building a community. Ms. Freeburn stated the arts are severely threatened in today's public education environment and she feels it is the responsibility as adults and citizens of this city, county, region, and state to provide those kinds of opportunities not only for the children but for the entire community. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Petrolia stated the Arts Garage was something that was brought in and it turned into an economic magnet to the downtown and has become a catalyst to spill the vibrancy that was on Atlantic Avenue over into the Pineapple Grove District. Mrs. Petrolia supports Resolution No. 58 -13. Mrs. Gray stated everyone agrees that arts are important in any city. However, Mrs. Gray expressed concern about the CRA not paying the $150,000 in year 2015. Diane Colonna, Executive Director of the CRA, stated the lease with the City expires at the end of January 2015. Ms. Colonna stated this was to be a five year agreement where the CRA would lease the property from the City and sublet it to Arts organizations; she stated the CRA has a sublease with Arts Garage and the Puppetry Center. She stated the question is whether or not the CRA Board will consider extending it another year while the Arts Garage continues to raise money and before they close. Ms. Colonna stated there was an issue with the State audit where there was an opinion given inquiring why the CRA was a middle -man in this lease when the CRA is in affect paying the City's operating costs by doing this and that the lease should be directly between the City of Delray Beach and the Arts organization. Mrs. Gray stated if this was an opinion she would like to see this go back to the CRA Board because she does not want to see the City lose $150,000 that the City would have been getting paid for if the CRA decides not continue to pay that. Mrs. Gray asked Ms. Colonna if that is something the CRA would be willing to do. Ms. Colonna 14 12/10/13 stated the Commission can make the request and ask that the lease be extended. Mrs. Gray stated she concurs with Ms. Freeburn that this is government and we have non- profits that makes the city a little different. Mrs. Gray stated she has talked to many taxpayers who are concerned about how their tax dollars are being spent. Mr. Frankel stated this is not a decision on what the Arts Garage does for the community because everyone agrees that they have great programs for children and everyone but the City has responsibilities to the taxpayers. Mr. Frankel asked who came up with the $1,000 deposit amount for a loan of $2.5 million. The City Attorney stated the deposit was negotiated between him, outside counsel, Mr. Schmier and his attorney. Mr. Frankel stated in April 2013 when the Commission decided to go this avenue he understood that it was 2' /z years from April 2013 and inquired how staff came up with the March 15, 2016 date. The City Attorney stated because of the extended timeframe that it took to come with all of this and explained that before the Commission was looking at December 2015. The City Attorney stated it was his understanding that the intent of the Commission was to give the Arts Garage time to come up with the money. The City Attorney stated since it has taken this long to come up with this agreement he felt the March 2016 date would be a fair compromise. Alyona Ushe, Executive Director of the Arts Garage, stated they cannot begin to fundraise until they have a signed contract. Mr. Frankel expressed concern over the minimal deposit amount for a loan of $2.5 million and no money has been raised; and, he feels the closing should be December 2015. The City Attorney stated the CRA's lease expires January 2015. Mr. Jacquet stated he concurs with comments expressed by Mr. Frankel that the money should be raised but no one is going to give money to an organization that has no structure and agrees the clock should start once they have a contract so because of that he can look past the fact that they have been unable to raise money so far. Mr. Jacquet stated had they had a contract and came back today having raised zero this would have been a red flag for him but because there is no contract in place, he feels the City should give them the benefit of the doubt on giving them time. Mr. Jacquet expressed concern that the $1,000 deposit is extremely low. Mr. Jacquet stated he has attended a number of programs at the Arts Garage and understands its intrinsic value to this community and why we need to keep it here. Mr. Jacquet stated the City has agreed to sell it to the CCC but the issue is the terms of the agreement. Mr. Schmier stated they do not maintain a bank account where they have funds that they set aside with a new organization; every penny that is raised they get local contributors who donate money for the programs that they do. He stated any money that they take from the budget to give in a deposit that is going to sit in a non - interest bearing account for two years and three months is not being used for the benefit of the Arts Garage or the children of the organization. Mr. Schmier stated this is not a business but is a non - profit that has been trying to raise every penny that it can so that every penny is 15 12/10/13 put back in. Mayor Glickstein stated with respect to the deposit if this were a transaction between two business people buying a piece of real estate there is altogether a different reason for a deposit; the City is hoping they do not default and whether the deposit is $1,000 or $50,000 it is not really germane to what is trying to be accomplished. Mayor Glickstein stated with respect to the history of Old School Square back to the land acquisition through the bond offerings, development of the 2006 Strategic Plan, creation of the Creative City Collaborative (CCC), and untold public meetings that followed, all of that revealed the following regarding the use of the garage space: (1) that it be used as a public gathering place, (2) that the use generate traffic to and from Pineapple Grove, and (3) that it be used as a Cultural Arts Center. In 2009, when the City Commission had its initial offer to purchase the space the Commission voted to pursue an alternative plan to allow the CRA to lease the space from the City and sublet it to art related tenants. Mayor Glickstein stated later that year the City Commission adopted an amendment to the CRA Plan entitled "Arts Based Economic Development" which outlined the CRA's commitment to support art and cultural organizations, and to develop strategies and programming to protect existing art spaces and create long -term affordable space at such locations as the City owned Old School Square Garage. Mayor Glickstein stated prior City leaders could foresee that public gathering places open day and night would extend the pedestrian experience into Pineapple Grove and that cultural amenities are not just integral to the town's identity but they can become significant economic engines to the town. In 2011, the CCC sponsored a financial study which analyzed the impact non- profit arts and cultural organizations in Delray and their audience had an economic impact on Delray of $44 million which compares to approximately $12 million for similar size cities of 50,000- 99,000 residents throughout the nation. In 2011, Mayor Glickstein stated the total economic impact of just audience spending for non - profit arts and cultural organizations in Delray Beach was $331/2 million; 925 full -time equivalent jobs; $4 million in local and state government revenue; total impact of spending by the non - profit arts and cultural organizations another $11 million; 412 full -time equivalent jobs and $800,000 in local and state revenue. He stated non - profit arts and cultural organizations spend approximately $11 million annually leveraging a remarkable $33 million in additional spending by arts and cultural audience which support about 1,400 full -time equivalent jobs in the city and generated an additional $4.6 million in local and state government revenue. Mayor Glickstein supports leaving the Arts Garage where it is because it allows them an opportunity to enhance the City's long standing goals of arts based economic development. He noted that the user /buyer's presence and continued growth benefits far more city businesses, residents, and taxpayers than any private enterprise could achieve in that space. Mayor Glickstein stated the City cannot sell the space for more than the current contract price today without violating bond covenants. Mayor Glickstein stated he fully supports the contract as it is. Mr. Jacquet stated he appreciates Mr. Schmier's response about the value of the Arts Garage and explaining specifically any monies that the Arts Garage would give the City now would be basically forfeiting in interest that they could be accumulating in raising money to pay the City. Mr. Jacquet stated he supports the Arts Garage in its current location. 16 12/10/13 Mrs. Petrolia moved to approve Resolution No. 58 -13 /Contract for Sale and Purchase of Old School Square Retail Space, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. At this point, the time being 8:02 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. OFFER OF SETTLEMENT IN CITY OF DELRAY BEACH v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA): Consider an Offer of Settlement in the total amount of $125,000.00 in the City of Delray Beach v. Palm Beach County Police Benevolent Association. Staff recommends approval. The City Attorney stated this is a case that involves an officer who was terminated in 2009. The Police Benevolent Association (PBA) requested that the case go to arbitration and the arbitrator determined that he should have his job back. However, the City Attorney stated the City appealed that because they do not believe the arbitrator's decision was valid. The City has since received four decisions that say that the City has to go back to arbitration. The City Attorney stated at this point it would be approximately 66% of Mr. Brown's back pay if he were to be reinstated therefore staff recommends that the City settle the case for $125,000.00. Mrs. Petrolia moved to approve the settlement offer in the amount of $125,000.00 of the City of Delray Beach v. the Palm Beach County Police Benevolent Association, Inc. (PBA), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.1). SETTLEMENT OFFER IN PREVILLON CASSY v. CITY OF DELRAY BEACH: Consider a Settle Offer in the total amount of $25,000.00 in Previllon Cassy v. City of Delray Beach. Staff recommends approval; subject to the receipt of the appropriate releases. The City Attorney stated this is a case where one of the City Police Department Volunteer struck a bicyclist with his vehicle. The bicyclist sustained injuries and had lost wages. Staff recommends that the City settle this case in the amount of $25,000.00. Mrs. Gray moved to approve the settlement offer in the amount of $25,000.00 in Previllon Cassy v. the City of Delray Beach, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 17 12/10/13 9.E. APPOINTMENT OF AN INTERIM CITY ATTORNEY: Appoint an Interim City Attorney upon the resignation of Mr. Brian Shutt. The City Attorney stated the City Commission would need to appoint an Interim City Attorney upon the effective date of his resignation which is January 3, 2014. The City Attorney stated the Commission sets the pay rates for the City Attorney, Interim City Attorney, and Assistant City Attorney Janice Rustin. Mr. Jacquet moved to appoint Terrill Pyburn as Interim City Attorney with a 10% pay increase and a 5% pay increase for the Assistant City Attorney Janice Rustin, seconded by Mrs. Petrolia. Mr. Jacquet amended his motion to appoint Terrill Pyburn as Interim City Attorney with a 10% pay increase and 2.5% pay increase for both Assistant City Attorney Janice Rustin and Assistant City Attorney Cathy Kozol, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:12 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 36 -13: Approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. If approved, a public hearing will be held on January 7, 2014. office.) The caption of Ordinance No. 36 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR DECREASED RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FISCAL YEAR 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 18 12/10/13 Mrs. Petrolia stated she had asked that this be retroactive to October 1st especially the cart fee. The City Manager stated staff will look at it. Mr. Frankel moved to approve Ordinance No. 36 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 1LB. ORDINANCE NO. 37 -13: Approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attorney; Qualifications ", in its entirety. If passed, a public hearing will be held on January 7, 2014. The caption of Ordinance No. 37 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 31.05, "CITY ATTORNEY; QUALIFICATIONS" IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated the section that is being removed from the Code of Ordinances is the requirement that the City Attorney has to be a legal resident or have the principle office in the City at the time of appointment and during the tenure in office. Mrs. Petrolia moved to approve Ordinance No. 37 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated there was a comment from the public that suggested he terminated five (5) employees and noted that is an inaccurate. 19 12/10/13 12.B. City Attorney The City Attorney announced that this is his last City Commission meeting and stated he has enjoyed working with the City of Delray Beach and thanked the Commission. Mayor Glickstein gave a few brief comments and stated the entire Commission appreciates the City Attorney's work. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated Mr. Jack Warner attended the Pension Board meeting last week and he is going to be a great addition. Secondly, Mr. Frankel stated having Mayor Glickstein give the prayer this evening was a great idea. Lastly, Mr. Frankel congratulated the City Attorney. 12.C.2. Mrs. Gray Mrs. Gray commented about Mayor Glickstein giving the prayer and stated it was great. Secondly, Mrs. Gray commented about property located at S.W. Stn Avenue and suggested that this housing be provided for Veterans. Mrs. Gray commented about the Joint meeting with the CRA and asked if the Commission can meet with them before their strategic meeting to see if we can get them in line with some of the City's priorities. Lastly, Mrs. Gray asked the City Manager to find out if the Little League is renewing its Charter and if they are going to have spring baseball at Miller Field. 12.C.3. Mrs. Petrolia Mrs. Petrolia stated she is going to miss the City Attorney and wished him all the best. Secondly, Mrs. Petrolia asked about a date that the flapper replacement at the Marina Historic District is going to be worked on. Mrs. Petrolia stated she would like answers to the list of questions she sent to the City Manager regarding the ball field issues. Mrs. Petrolia stated the Commission 20 12/10/13 would like a better understanding on the impact that the fields have due to tournaments coming through and the costs that the City is going to have and whether or not that is something they want to incur. Mrs. Petrolia suggested that the City Attorney's office work on a disclaimer to add to the bottom of the Commission's emails explaining to the general public about Sunshine Laws. She inquired about the City Attorney's evaluation. The City Attorney stated the local rules were amended approximately 1 -2 years ago and noted the City Attorney's evaluation is once a year in May. Lastly, Mrs. Petrolia wished everyone a Happy Holiday. 12.C.4. Mr. Jacquet Mr. Jacquet stated everyone has worked hard to serve the community and get elected. He stated he did not count on any of his colleagues and it was the general public that got him to where he is. Mr. Jacquet stated many times the Commission takes a vote and it bothers him that there is always someone trying to figure out where that vote came from. Mr. Jacquet stated it is very disconcerting for him for people out there thinking if he votes one way on an issue that means somebody got to him. Mr. Jacquet expressed concern that this needs to stop and stated when he makes a decision he makes a decision that he believes is right. Secondly, Mr. Jacquet stated he is sad to see the City Attorney leave and he applauds him for the work that he has done. In addition, Mr. Jacquet stated it has been an honor and a pleasure working with the City Attorney and wished him the very best. 12.C.5. Mayor Glickstein Mayor Glickstein asked for the status for the Finance Director position and the Planning and Zoning Director position. The City Manager stated the City will re- advertise the Finance Director position and he will send Mayor Glickstein an email regarding when that position will be closing. Secondly, Mayor Glickstein stated this year got off to a rocky start; however, he believes it is more indicative of change than personality. Mayor Glickstein stated he respects the views and opinions of his colleagues and looks forward to working with the Commission in 2014. He wished everyone the best for the holidays. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:26 p.m. 21 12/10/13 ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 10, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 22 12/10/13 MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman Jr., City Manager DATE: December 20, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 REQUEST FOR A SIDEWALK DEFERRAL/ 951 MCCLEARY STREET ITEM BEFORE COMMISSION The item before City Commission is to approve a deferral of sidewalk installation along McCleary Street for the property located at 951 McCleary Street. BACKGROUND The Owner plans to construct a 4,343 square foot single family residence on a 0.26 acre vacant lot. The property is located on the north side of McCleary Street and east of Spanish Trail in the Tropic Isle subdivision; and is zoned Single Family Residential (R- 1- AA -B). A Location map is attached for your review. Currently, there are no plans to install a sidewalk along the north side of McCleary Street in the vicinity of the subject residence. At its meeting of December 12, 2013, the Development Services Management Group (DSMG) supported the sidewalk deferral. RECOMMENDATION Staff recommends approval of Sidewalk Deferral. { Il M l- ;-d 5•. r� Fy R ;&9 .� { i li • . �1 11 r 4 a i� wr # Fri wx 4 1 J * *F * No 14 _ * • * ' 9 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this I( day of NOV E vv, 6C V , 20JI, between the City of Delray Beach (hereinafter the City) and 0 fl vv. CJ C (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along h COQ—mtA %until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the @ 00i right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S: lEngAdminlSidewalkDeferralslsidewalk deferral agmt .doc 1 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: L of Q- a�,d L psi lZ� Lk, L t U `ry 0(�� cc-�� She. .Sf � - 6 -q('-29 'gip - ono -- b i l l 1 f. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the C C C\V �A right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ATTEST: City Clerk Approved as to form and sufficiency: City Attorney 20 S: IEngAdmiWSidewalkDeferralslsidewalk deferral agmt .doe 2 CITY OF DELRAY BEACH, FLORIDA Mayor ilFS I jI please o' pe c)r -Fiat rt am II i ... __ .... ........ .... .... ........ _... t ' l4 sc 1�,pe cv print name) 1 STATE (70tNTY OF BEFORE ME porsonally appearvd � �J.j.� ��etsk l rt t T fh z is�j [have] produced r tilx c> u . e as i.dentificau(?m and wlio execul"I. the :.for oai -ng r ti irr� t to and I kt3cai le e b �'ttr m that [h.el j�tac _[. '� �:� ��s�t�c� -said itz�t��rt�et7t #c� i�s�° } pur . C.'ses cxpTr -sed therein. WITNESS my hand and official seal this ` �_. �_ day of 4 013 'b%: cmimisst«ra eXpitres: ; NaC?tery Public, (` eaf ) CHUCK JMG MURAYAMA 9 Comrnissior, # 1990849 Notary PubNc • California z z cam' Los Angeles County r " My Gomm. [xpzres Oct 9, 2016 1 i } 3 t +s.iiEoalk410fy"i 12u m-,W MEMORANDUM TO: Mayor and City Commissioners FROM: Danee Smith, Planner Mark McDonnell, AICP, Interim Director Planning And Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: December 26, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 RESOLUTION NO. 02 -14: ABANDONMENT OF AN ALLEYWAY/ FREDERICK BOULEVARD ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of the alley right -of -way located west of and adjacent to the undeveloped property at 2910 Frederick Boulevard. BACKGROUND The owner of the undeveloped property at 2910 Frederick Boulevard has requested the abandonment as a precursor to development of the property. The applicant and the owner of the adjacent property to the west will each get one -half of the abandoned area. Since the rear setback will be measured from the new property line at the centerline of the abandoned area, the abandonment will increase the developable area of the applicant's property. While the alley does not contain any water or sewer lines, it does contain FPL lines servicing the adjacent properties. To accommodate the existing utilities, the Abandonment Resolution will retain a general utility easement over the entire abandoned area. It is noted that the portion of the platted alley right -of -way south of the applicant's property was abandoned by Palm Beach County in 1977 (Resolution No. R -77 -193). The portion of the alley right -of- way north of the applicant's property is not being abandoned. REVIEW BY OTHERS On December 16, 2013, the abandonment was reviewed by the Planning and Zoning Board and the board recommended approval (7 -0). A full analysis of the proposed abandonment, including the required findings, is provided in the attached Planning and Zoning Board staff report. The City's Environmental Services Department (ESD) reviewed the request and had no objection to the abandonment, provided a general utility easement is retained over the entire abandoned area to accommodate other Utility Companies which may have facilities in the alley. Letters were sent to the utility providers to determine if there were any objections to the abandonment. Florida Public Utilities responded that it had no objection to the abandonment. FP &L stated that a 10' utility easement would be required to accommodate its overhead and facilities within the alley. While no response was received from AT &T or Comcast, any facilities that they may have within the alley will be accommodated within a general utility easement being retained over the entire abandoned area. RECOMMENDATION By motion, approve Resolution No. 02 -14 to abandon the alley as described therein, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH STAFF REPORT MEETKNGDATE: Dece00bell-16,2013 ITEM: V.A. Abandonment of75feet ofo1O foot wide alley hg lying west of and adjacent tOthe property located @t2S10 Frederick Boulevard. The alley hQht- iS located within Block 27, Oa\ Raton Park' as recorded in P(81 Book 14, Page 9 of the Public Records of Palm Beach County Florida | GENERAL DATA: | Applicant ............ ....... ----... Royal Building Group, LLC Property Owners Adjacent tn Royal Building Group, LLC UEnyU Alley Being Abandoned ............. Fischer Inv Inc. (West) | Agent .......................................... H. Burton Smith, PE Lnnaton-----------' 1O feet wide bv75 feet long located west cf and adjacent tn Lots 2Othmu 28, Block 27, Del Raton Park. Property Size .... ........ ................ O.017 acres (75Osq. ft] Future Land Use Map ................. K8O (Medium Density Residential 5-12 du/ac) Current Zoning ............. .............. RW1 (Multiple F@rnik/ Residential —Mediurn Adjacent Zoning ................ North, RK8 (Multiple Family Residential | —Medium East- RK8 (Multiple Family Residential —Mediurn Density) South- RK8 (k8UUUDke Family R8Sid8nd@| — Medium Density) West- PC (Planned Commercial) ExiatngLandUne— -- ----. Unimproved alley right-of-way Pr000aadLandUae ------' Multiple-Family Residential ITEM. BEFbRE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the alley right -of -way located west of and adjacent to the undeveloped property at 2910 Frederick Boulevard, which is owned by the applicant. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BAGKGIROUNa The alley right -of -way was dedicated by the plat of Del Raton Park, which was recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. The proposed abandonment area is west of and adjacent to Lots 26, 27 and 28, Block 27 of the Subdivision. The owner of the undeveloped property at 2910 Frederick Boulevard has requested the abandonment as a precursor to development of the property. The applicant and the owner of the adjacent property to the west will each get one -half of the abandoned area. Since the rear setback will be measured from the new property line at the centerline of the abandoned area, the abandonment will increase the developable area of the applicant's property. While the alley does not contain any water or sewer lines, it does contain FPL lines servicing the adjacent properties. To accommodate the existing utilities, the Abandonment Resolution will retain a general utility easement over the entire abandoned area. ABANDONMENT DESCRIPTION The subject alley right -of -way to be abandoned is 10 feet wide by 75 feet long. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject alley right -of way was dedicated by the plat of Del Raton Park and the owners of the adjacent properties to the east and west are entitled to the abandoned area. It is noted that the portion of the platted alley right -of -way south of the applicant's property was abandoned by Palm Beach County in 1977 (Resolution No. R -77 -193). The portion of the alley right -of -way north of the applicant's property is not being abandoned. The City's Environmental Services Department (ESD) reviewed the request and had no objection to the abandonment, provided a general utility easement is retained over the entire abandoned area to accommodate other Utility Companies which may have facilities in the alley. Letters were sent to the utility providers to determine if there were any objections to the abandonment. Florida Public Utilities responded that it had no objection to the abandonment. FP &L stated that a 10' utility easement would be required to accommodate its overhead and facilities within the alley. While no response was received from AT &T or Comcast, any facilities that they may have within the alley will be accommodated within a general utility easement being retained over the entire abandoned area. Planning and Zoning Board Meeting of December 16.2O13 Abandonment of Alley Right-of-Way adjacent to20iO Frederick Boulevard Page REQUIRED FINDIH­ 6S Pursuant to LOR Section 2.4.6/K8\(5), prior to any nQ abandonment being approved, the following findings must be made: A) That there imnot, nor will there be a need for the use mfthe rig for any public purpose. Since the oikev right-of-way is unpaved, and the City has no plans to pave it. access to odiomant properties will not be affected by its abandonment. With access unaffected and existing utilities accommodated in a retained geD8[3| utility eaSer0eDt, there will be no further public purpose for the existing right-of-way. Therefore, o positive finding can he made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated obove, the a|kav in unpaved and does not provide aooaae to the adioman1 properties. Access hothese properties iS taken from adjacent roadways. Since access will not be prevented, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The existing alley does not provide aonnaa to adjacent properties and o general utility easement will be retained over the entire @b8DdODSd area to 8CSO[DDl0d8t8 existing utilities. Therefone, the abandonment will not result in detriment tothe provision of access or utility services, and o positive finding can be Dl@d8. REVIEW BY OT14ERS The property is not located in on area requiring review by the Connnnunhv Redevelopment Agency (CRA)Or the Downtown Development Authority (DDA). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: ~ Delray Citizen's Coalition ^ Tropic Isles ~ Tropic Harbor ° Tropic Boy Fonno| public notice has been provided to property 0VvDerS within 8 500' [8diUS of the SUhieCt property. Aaof this date, the Planning Department has not received any letters of opposition to the abandonment. Any future letters of objection or Support will be provided at the Planning and Zoning Board meeting. If abandoned, the public 8|kev will become private property vvhidl will allow the owner of the adjacent property to the east to increase the developable area of the site. While the existing Planning and Zoning Board Meeting of December 1S.2013 Abandonment of Alley Righ adjacent ho201O Frederick Boulevard Page unimproved alley i within Block 27 of the Del Ration Park plat does not provide access, it does CDOtGD utilities serving the surrounding properties. Agenana| utility easement will be retained over the entire abandoned area to 8CC0rnrnndaba the existing utilities in the alley. Since Access is not being affected and the existing utilities will be accommodated in the retained easement, there is no further public purpose for the existing right-of-way. Therefore, a positive finding can be made with respect to LDR Section 2.4.8(K8)(5). and the request can be supported. 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment Of8 portion nfthe north-south alley right-of-way located within Block 27 of the Del Raton Park Plat, by adopting the findings of fact and |@vv Contained in the Staff report, and finding that the request and 8ppnOV8| thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(yN)(5) of the Land Development Regulations. 3. Move G recommendation of denial of the request for abandonment of portion of the north- south alley right-of-way located within Block 27 of the Del H|8t0n Park Plat, by adopting the -findings of f8C1 and |ovv contained in the staff report, and finding that the request and approval thereof is not consistent with the Connpneh8DSiV8 P|2D and that the required findinQoofLOR Section 3.4.0(K8)/5\ cannot bemade. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of a 75 foot portion of the 10 foot wide north-south alley right-of-way located within Block 27 Of the [}8| Raton Pork P|at, by adopting the findings of fact and |8xv contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.8/K8\/5\ of the Land Development Re8u|81iOOS: Attachments: ` Location Map ` A*ho| Abandonment Resolution RESOLUTION NO. 02 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH /SOUTH ALLEY RIGHT- OF-WAY LOCATED WEST OF AND ADJACENT TO THE PROPERTY AT 2910 FREDERICK BOULEVARD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the alley right -of -way, as more particularly described in Exhibit "A "; said alley right -of -way being located west of and adjacent to Lots 26, 27 and 28, Block 27, Del Raton Park, according to the Plat thereof, recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said right -of -way was processed pursuant to Section 2.4.6(1V1), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6 (M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on December 16, 2013 and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the entire abandoned area for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all rights and interests it holds to the real property described in Exhibit "A ", except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, over the entire abandoned area, more particularly described in Exhibit "A ". PASSED AND ADOPTED in regular session on this the day of 52013. ATTEST: CITY CLERK MAYOR 2 RES. NO. 02 -14 10' = S86 31'49 "W LOT 29 10.00' H N86 31'49 "E 115.00' 30.00' LOT 28 LOT 31 OVERHEAD WIRES 1- 0 0 15 30 a �� W � Z 01 O IV v SCALE IN FEET �° LOT 27 p O p p LOT 26 o UTILITY POLE "W Ic rr S8631'49 115.00' 30.00' \-N86'31'49"E N 10.00' LOT 25 -4 SURVEYOR'S NOTES: 1. THE BASIS OF BEARINGS IS S86 °31'49 "W RELATIVE TO THE CENTERLINE OF AVENUE H. 2. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=30' OR SMALLER. 3. ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PARZ ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE THE SIGNING PARTY. 4. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, MAP OR PLAT IS NOT VALID AND FOR INFORMATIONAL PURPOSES ONLY. 5. THERE MAY BE ADDITIONAL EASEMENTS AND /OR RESTRICTIONS NOT SHOWN HEREON THAT BENIFIT OR ENCUMBER THE LAND SHOWN HEREON. 6. THIS IS NOT A SURVEY. CERTIFICATE OF SURVEYOR: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION WERE MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE APPLICABLE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATE_ . TATUTES. THOMAS E. WHIDDEN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATION NUMBER 6225 EXHIBIT "A" ALLEY ABANBONMENT LEGAL DESCRIPTION THAT PORTION OF THE 10 FOOT WIDE ALLEY LYING WEST OF AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: LOTS 26,27 AND 28, BLOCK 27, DEL RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 750 SQUARE FEET, MORE OR LESS. Whidden Surveying & Mapping, Inc. 9200 Belvedere Road, Ste 114 Royal Palm Beach, FL 33411 Phone: 561.790.5515 Fax: 561.790.6557 www.whiddensurveying.com Licensed Buisness No. 7232 DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET Tom CJL 070CT13 1 " =30' 13 -277 1 1 of 3 0 Q W O M AVENUE H U w 0 w -- N ABANDONMENT BLOCK 27 DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1443_Del Raton Park Alleyway Abandonment � AREA ALLEYWAY PLANNING AND ZONING ABANDONMENT DEPARTMENT DEL RATON PARK 4 qt kv� ILI r. I 17 If Tj j, E k1 iv i 4 O W tv CO S8631'49 "W 259.64' 4. AVENUE "H' rn N N U7 p - O O S8631'49 "W 115.00' �N LOT 30 N� Ic n vA I 15 10, SCAtf IN FEET LOT 29 N I�S8631'49 "W 10.00' N86 31'49 "E 115.00' i 30.00' LOT 28 h, LOT 31 Q( "' C) Ns oo0 01� m LOT 27 "' 0 _� O �..._. _ . O Qt _ O LOT 26 N Q' rr-- I� S8631'49 "W 115.00' MOD' �1 N8631'49 "E C1 10.00' LOT 25 N LOT 20 I LOT 24 LOT 23 j� S86 31 '49 "W 115.00' E LOT 22 N ALLEY ABANDONMENT DRAWN CHECKED Tam CJL. DATE 07 ATE SCALE DRAWING NUMBER SHEET N/A i3 -277 3 OF 3 10' (-11 � (A N5 �•" N Co p O Co r cvn •�", i . c�i, a VON' i'31'49 "W LOT 29 10.00' .^pN N86'31'49 "E 115.00' LOT 28 OVERHEAR WIRES LOT 27 rU u, P° 30.00' 1� CN 1T1 0 v, 0 a LOT 26 UTILITY POLE S86'31'49 "W 115.00' 31'49 "E LOT 25 10.00' -4 Q t"E ) C 15 Q SCA_ 1.E =�T C? 30.00' I� SURVEYORS NOTES: 1. THE BASIS OF BEARINGS IS S86'31'49 "W RELATIVE TO THE CENTERLINE OF AVENUE H. 2. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 " =30' OR SMALLER. 3. ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PART) ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE THE SIGNING PARTY. 4. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, MAP OR PLAT IS NOT VALID AND FOR INFORMATIONAL PURPOSES ONLY. 5. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON THAT BENIFIT OR ENCUMBER THE LAND SHOWN HEREON. 6. THIS IS NOT A SURVEY. CERTIFICATE OF SURVEYOR: LEGAL DESCRIPTION THAT PORTION OF THE 10 FOOT WIDE ALLEY LYING WEST OF I HEREBY CERTIFY THAT THIS SKETCH AND AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: DESCRIPTION WERE MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE APPLICABLE MINIMUM LOTS 26,27 AND 28, BLOCK 27, DEL RATON PARK, ACCORDING TECHNICAL STANDARDS FOR SURVEYS AS SET TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE FORTH BY THE FLORIDA BOARD OF LAND 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SURVEYORS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION CONTAINING 750 SQUARE FEET, MORE OR LESS. 472.027, FLORIDA S.T TE TATUTES. THOMAS E. WHIDDEN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATION NUMBER 6225 Whidden Surveying & Mapping, Inc. 9200 Belvedere Road, Ste 114 Royal Palm Beach, FL 33411 Phone: 561.790.5515 Fax: 561.790.6557 www.whiddensurveying.com Licensed Buisness No. 7232 EXHIBIT "A" DRAWN CHECKED DATE SCALE DRAWING NUMBER I SHEET ALLEY ABANBONMENT Tom CJL 070CT13 1 1 " =30 13 -277 1 1 OF 3 \ � \ f� \ \ G [ I n � \� _ v,gr &tom / \G /gRgJf #RE \ k \{ \} 4 ® A @J!R`R!/ }� /\ a:I � }) � \� _ v,gr &tom / \G /gRgJf #RE \ k \{ \} 4 ® A @J!R`R!/ �_ •r i;.`+ � =. LA I 11-MM !9 :::11 JS Lu AVE v AVE N Its 4 4''�.� w N en ww� { y s � ty N CD ■_ its v AVE N 11 13 4''�.� w ■ � ww� { y s � ty CD N 0 of 12 NUE 7.5 13 4''�.� of =f of Imm f•% Waft ftwo z tv MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: December 18, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 SERVICE AUTHORIZATION NO. 12 -03/ WANTMAN GROUP. INC. ITEM BEFORE COMMISSION Request to approve Service Authorization #12 -03 to the Wantman Group, Inc. in the amount of $79,725.00. It is for professional engineering services in the design of Replacement of Force Mains at Systems 58A and 87, P/N 2014 -039. BACKGROUND The Public Utilities Division has experienced failures on the force main system conveying wastewater from Lift Station 58A (located at Spanish Wells, west end of Germantown Rd) to Lift Station 58 (located at Lakeview Golf Course, near Shadywoods). Staff has also experienced failures on force main system 87, conveying wastewater north from Lift Station 87 (located at the northwest corner of the Delray Square Plaza) along Military Trial to the US Post Office. Both systems have been in service since the mid 1970's. Projects to address the replacement of these systems were programmed and approved in the 2014 Capital Improvement Plan. This service authorization is for professional services in the design of replacement force main piping for Systems 58A and 87 Force Main Replacement project. Services under this authorization include final engineering design, surveying, geotechnical services, permitting, and bidding services required in preparing a bid package for the project. Wantman Group Service Authorization is based on a two -year General Consulting Services Agreement (RFQ #12 -06 and original agreement attached) awarded by the City in January 2012 and renewed, for one additional year, this past November. Professional Services agreements are not bid, instead the City issued a RFQ and based on a predefined set of criteria all submittals were ranked. I also attached the agenda item that went in front of commission this past November. Total cost for this Service Authorization #12 -03 is $79,725. FUNDING SOURCE Funding is available from account #442 - 5178 -536- 63.88, Water & Sewer Renewal and Replacement Fund/Force Main Replacement, after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #12 -03 to Wantman Group, Inc. in the amount of $79,725 for professional engineering services related to the design of the System 58A and 87 Force Main Replacement project, P/N 2014 -039. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -03 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 14 -039 CONSULTANT PROJECT NO. TITLE: System 58A & 87 Force Main Replacement Project A. Replace approximately 1,400 linear feet of deteriorating force main (City of Delray Beach wastewater collection system #87) along Military Trail; from Lift Station #87 (located at the LWDD L -33 Canal north to the US Post Office. B. Intstall new Force Main from LS 58A to existing 8" FM along Germantown road near Via Verona Road. Connect existing 4" Force Main from LS 59C (Rabbit Hollowe Drive) and Force Main from LS55 to new Force Main (along Germantown Road) . Abandon existing 4" Force Main from LS 58A to LS 58 and existing 4" Force Main from Rabbit Hollowe Drive to valve on existing 8" Force Main along Germantown Road. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement For General Consulting Services contract executed January 24, 2012, as Amended November 5, 2013." Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION This project includes Engineering Design, Surveying, Lift Station Analysis and Permitting services which includes the following components: A. Replace approximately 1,400 linear feet of deteriorating force main (City of Delray Beach wastewater collection system #87) along Military Trail; from Lift Station 487 (located at the LWDD L -33 Canal north to the US Post Office. E3WGI Wantman Group, Inc. engMe¢rMgosw�eWng eFrw�renmeniai� Pf—Mg B. Intstall new Force Main from LS 58A to existing 8" FM along Germantown road near Via Verona Road. Connect existing 4" Force Main from LS 59C (Rabbit Hollowe Drive) and Force Main from LS55 to new Force Main (along Germantown Road). Abandon existing 4" Force Main from LS 58A to LS 58 and existing 4" Force Main from Rabbit Hollowe Drive to valve on existing 8" Force Main along Germantown Road. The replacement will require an analysis of the #58 system for tie -in pressures and flow calculations and an analysis of the pumping characteristics of three separate lift station located on the #58 system. This proposal does not include design modifications to the lift stations that this force main will be servicing beside the recommendation with specifications for the types of pumps and impellers that may need to be modified. II. SCOPE OF SERVICES Phase I- Study and Report Phase Not Applicable. Phase II - Preliminary Desian Phase Not Applicable. Phase III - final Desian Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III- (Final Design Phase) , Items 1 -7 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, subsurface utility engineering, cost estimating and surveys services conforming to the requirements of the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book) as applicable, and the City of Delray Beach's design details and specifications. ® WGI Wantman Group, Inc. EngineerNgi SurvWng•> "wwu , Phase IV - Bidding /Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services (Duties of Consultant) Section C, Phase IV, (Bidding and Negotiation Phase), Items 1 -5 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor) . It is anticipated that work shall be awarded under a single construction contract. WGI shall provide up to twenty -five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. B. WGI shall attend one mandatory pre -bid conference and provide a written summary of issues discussed. C. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. D. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award. E. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with the bidding service, "Demand Star ". Phase V - Construction Administration Not Applicable [UWG1 Wantman Group, Inc. En9rneertng trSinvapngc Emrlranmenmi c vronning Other - Permittin WGI will secure a permit from the following permitting agencies: a. Lake Worth Drainage District. b. Palm Beach County Health Department. C. Palm Beach County Land Development Division - Utility Permit within a Right -of -Way. d. Florida Department of Transportation - Utility Permit for Work within a Right -of -Way (Military Trail). Other - Surveying WGI shad provide final bidding phase services in accordance with the, "Agreement for Land Surveying Consulting Services" dated January 24, 2012 between The City of Delray Beach and Wantman Group, Inc. Other - Subsurface Utility Engineering (SUE) Location Services Utility Locations to address potential conflicts Other - Geotechnical Services: WGI will provide four (4) soil borings in the areas of the directional drilling operation (to ensure that the soils are acceptable for a directional drilling operation. EMWGI Wantman Group, Inc. Eng4ree gbSUrveYing afnvimnmenlw +, vtt-m III. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not -to- exceed cost for each phase. Engineering Services Phase I - Study and Report Phase (Not Applicable) Estimated Fees Phase II - Preliminary Design Phase (Not Applicable) Phase III - Final Design Phase Phase IV - Bidding /Negotiating Phase $45,239.00 $9,622.00 Phase V - Construction Administration Phase (Not Applicable) - -- Other Services - Permitting $ 5,792.00 Other Services - Surveying $11,400.00 Other Services - Subsurface Utility Engineeering $2,800.00 Other Services - Geotechnical $4,460.00 Reimbursables - $ 1,096.00 Total Compensation - $79,725.00 IV. COMPLETION DATE To be completed by: See attached Project Schedule. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in 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. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. IRWGI Wantzman Group, Inc. Engrneerrnr� r, SurveWnp a FnnronmenbV -> Afanning Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency and Form WGI: Wantman Group, Inc. Date by: (Seal) Witness Witness BEFORE ME, the foregoing instrument, this day of , 2014, was acknowledged by 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 a foresaid this day of , 2014. Notary Public State of Florida My Commission Expires WGI Wantman Group, Inc. 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GENOA WAY C A N A L L ON COURT O� 4(� w' DEVON LOUR w J 00434eOVrH CITY of DELRAY BEACH FORCE MAIN 58 REPLACEMENT DATE: 12/16/2013 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP I'M 59 "�' �"P BWNTON AVEWIE, DELRAY BEACH, FLOFiDA 39444 14 -039 1 of CANAL L -32 I I I V N.W. z F-M LAKE CANAL L -33 CT. N. W. 3RD ST. Q of ~ 3 °a 0 BRADY FRANCES I w a ELLWOOD �1 CANAL L -33 0 Z 0 0 a� 0 U) 0 WEST A T L A N TI I L q44@--% ®CITY of DELRAY BEACH � ENVIRONMENTAL SERVICES DEPARTMENT FORCE MAIN 87 REPLACEMENT DATE: 12/16/2013 LOCATION MAP FM 87 RR �AP 434 BOUiH SWNTON AVENUE, DELRAY BEACH, FLORDA 39444 14 -039 � O f MEMORANDUM TO: Mayor and City Commissioners THRU: Louie Chapman, Jr., City Manager FROM: Randal L. Krej carek, P.E., LEED AP, GISP, City Engineer Victor Majtenyi, Interim Environmental Services Director SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOV 05, 2013 ONE YEAR EXTENSION OF ENGINEERING PROFESSIONAL SERVICE AGREEMENTS, PROJECT #12 -057 DATE: 25 Oct 2013 ITEM BEFORE THE COMMISSION This item is before City Commission for approval /authorization for Mayor to execute Amendment No. lfor General Consulting Services agreements with Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews Consulting, Inc. and Wantman Group. Project #12 -057. BACKGROUND In January 2012 Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews Consulting, Inc. and Wantman Group were awarded two year agreements for consultant services. The process utilized in awarding these continuing agreements was in compliance with Title 19, Chapter 287, Section 287.055 of the Florida Statutes, aka Consultants Competitive Negotiation Act (CCNA), for acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. The original agreement is for two years and the City reserved the right to renew each agreement for one additional year in each of the three years after the initial two years. The total agreement will not exceed five years, which is in concert with the five year CIP that was included in the original Request for Qualifications (RFQ). Under CCNA, the City choose consultants based on qualifications and not hourly rates. Only after consultants were ranked based on qualifications and approved by City Commission did staff solicit hourly rates. Per section VII.2.a, Attachment B to each agreement is the revised wage rate schedule. Also attached is a comparison between the 2012 and 2014 wage rates. Since 1997, the City has issued new RFQ's about every five years. The intent is to enter into five year agreements that correspond with the five year CIP. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. C:AProgram Files\neevia.com\docConverterProAtemp\NVDCA90F6046F-B746- 461E- A259- 5622173579EF\PDFConvert.19391.1.2013- 11- 05_engr rfq_agmt renewals Agenda_Memo.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: December 31, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AWARD FOR RENTAL AND HOMEBUYER DISPOSITION SERVICES VENDORS ITEM BEFORE COMMISSION The item before Commission is approval to award multiple bidders for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program in regards to RFQ 02- 2014NS. BACKGROUND On October 27, 2013, the City publicized a Request for Qualifications (RFQ 02- 2014NS) to obtain qualified not - for - profit agencies to execute Rental and Homebuyer Disposition Services for NSP. Bids were received on November 19, 2013 from three (3) organizations, all in accordance with the City's purchasing policies. Bid #02- 2014NS documentation is on file in the Purchasing Office. A tabulation of bids is attached for your review. Recommended/Awarded Organizations: Rental Services Delray Beach Housing Authority/Delray Beach Housing Group, Inc. Rental Services Delray Beach Community Land Trust Homebuyer Disposition Delray Beach Community Land Trust At the March 26, 2009 meeting, City Commission approved a request for staff to apply for $1,905,005 in NSP1 funding through the Florida Department of Community Affairs. The funds were awarded and approved on October 6, 2009. The City has been granted the funds to carry -out these eligible activities, which include the acquisition, rehabilitation and resale of bank- owned/REO units within the NSPI Target Area for the purpose of selling or leasing the units to income eligible households. RECOMMENDATION Staff recommends approval to award multiple bidders for Rental and Homebuyer Disposition Services as outlined above pending Florida Department of Community Affairs approval. O c� c� N U N C/] O • rl �O VJ 1� ��WII �I O r� V J V 0 N N 7O F� d w U M� Q O V L �. O V v) m Un o U N r-I r-I L O m -a 3 v y N •] N U') M m N L LL LL C O N Q L E L NM H N > N C C N D L L � N � O O W n M 41 & •O z C C N E Q- E CL V O V V O t t a u w N N m L N E m Q >• H >• O i i C > D J D D d O Q C O U) O Q N_ 0 L E O s N R H J U a> s U) v d d N d d y+ E E O U a> s H O c� c� N U N C/] O • rl • rl O VJ Q V) ^�1 ) 0 N N r-1 7O F� d w U N c� 1� O V O V � N U N r-I r-I L O M 3 v > '� v w � oc ._ v LL C O N Q N E t 00 O H w -C v in L L � 3 O N O N Ln Ln 0) b.0 •L O a CL T V on 3 C 7 L i 0 .N E Vl CL V bb E 0 a O M w V) m T a m m i a� w w 0 w a m D D a 0 Q V d AGREEMENT BETWEEN DELRAY BEACH I_1 0 U] DELRAY BEACH HOUSING AUTHORITY/ DELRAY HOUSING GROUP, INC. THIS AGREEMENT, entered into this day of 20_, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and the DELRAY BEACH HOUSING AUTHORITYIDELRAY HOUSING GROUP, INC., a Special District of the State of Florida, having its principal office at 701 SE 6th Avenue, Delray Beach, FL 33444, and its Federal Tax Identification number as 03- 0526635. WHEREAS, City of Delray Beach has entered into an agreement with the Florida Department of Community Affairs for the use of grant funds made available under the Housing and Economic Recovery Act of 2008 (HERA); and WHEREAS, these grant funds were made available pursuant to the authority of Sections 2301 -2304 of HERA, which established the Neighborhood Stabilization Program (NSP); and WHEREAS, Delray Beach wishes to use grant funds provided under NSP for the herein described project; and WHEREAS, Delray Beach desires to engage the Delray Beach Housing Authority /Delray Housinq Group, Inc, desires to enter into this Agreement to implement the herein described project. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PART DEFINITION AND PURPOSE 1. DEFINITIONS (1) "Grantee" means City of Delray Beach (2) "HERA" means the Housing and Economic Recovery Act of 2008 (HERA). (3) "NSP" means the Neighborhood Stabilization Program as authorized under Sections 2301 -2304 of HERA. (4) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (5) "DCA" means Florida Department of Community Affairs NSP1 DELRAY BEACH HOUSING AUTHORITY (6) "Subrecipient" means the Delray Housing Authority /Delray Housing Group, Inc. (7) "Grantee Approval" means the written approval of the City's Community Improvement Director or his /her designee. (8) "HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (9) "Low and moderate income persons" means the definition set by HUD. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Part II of this Agreement. PART II SCOPE OF SERVICES The Subrecipient shall be responsible for handling several components pertaining to the rental of NSP properties. The Subrecipient will follow the program description as detailed in the NSP Request for Proposal (Attachment A). A. Subrecipient Agrees to: Program Delivery: a. Affordable Rentals: 1) Subrecipient shall make units available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 2) REVERSION OF ASSETS: Subrecipient shall own donated NSP rental properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. b. Administrative: 1) Work with Grantee staff to monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the twenty (20) year term. 2) Ensure timely rent collection. 3) Manage nonpayment of rent including timely evictions. 4) Collect security deposits and maintain escrow accounts. 5) Advertise for and screen new tenants. 6) Comply with Federal Community Development Block Grant Regulations per 24 CFR 570.507. Maintenance and Repair: 1) General maintenance of plumbing, simple electrical and air conditioners 2) Lawn Care NSP1 DELRAY BEACH HOUSING AUTHORITY 3) On -call services (after -hour responses to tenant concerns) Reporting: The Subrecipient will keep tracking sheets to track activities carried out under this program. The information listed below is required for reporting purposes in addition to program expenditures for each housing unit. As part of the Subrecipient's reporting to the Grantee, Subrecipient will provide a summary of each direct beneficiary under each strategy that includes: 1) Housing unit address 2) Beneficiary name, address, city and zip code 3) Date of rental of property (closing date) 4) Other funding sources spent per unit 5) Information on whether the unit head of household is female, disabled, elderly, and income category for the household 6) Total household size, broken down by sex and age of household members 7) Racial demographics for the head of household. Quarterly Reports will be submitted to the Grantee by the 15th of month detailing activities for the previous three (3) months. Each report shall include the following: 1) Financial Report — Balance Sheet and Operating Statement detailing the rents collected, monthly expenses, tenant accounts receivables and accounts payables 2) Move -in /Move -out Reports 3) Vacancies 4) Litigation 5) Other non - routine activities 6) Provide annual operating budget no later than September 30th of each year. B. Funding Obligation, Expenditure Requirements, and Allowable Costs of Subrecipient: For properties donated to the Subrecipient for rent, the Subrecipient shall market the availability of such properties to persons likely to meet the definition of Very - Low Income Households. The Subrecipient shall rent these properties to tenants according to the income level associated with each property as established herein. Income Verification and Affordability: The Subrecipient assures the Grantee that, in connection with the properties acquired and rehabilitated for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Subrecipient assures the Grantee that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Subrecipient shall income qualify the occupant of each property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be NSP1 DELRAY BEACH HOUSING AUTHORITY regarded as being achieved if no more than thirty -five percent (35 %) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. Furthermore, should the Grantee wish to verify the Subrecipient's records in connection with its compliance with the above stated occupancy, income, and affordability requirements, then the Subrecipient shall allow the Grantee to examine the Subrecipient's records as provided for herein. Expenditures and Income Levels: The Subrecipient shall assure that all funds expended through this Agreement are expended on dwelling units purchased with NSP funds that will be occupied by households, defined as Very -Low Income Households (VLIH), whose incomes are at or below fifty percent (50 %) of the median income for the West Palm Beach - Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by Grantee at its sole discretion, The Subrecipient understands that the median income level may be adjusted from time to time. Designation of Property for Occupancy by Very -Low Income Households WLK: The Subrecipient agrees that one hundred percent (100 %) of the properties through this Agreement must be will be occupied by VLIH. Property Insurance: The Subrecipient shall pay all costs associated with the property insurance coverages specified below. The Subrecipient shall, at or before the closing, provide Grantee documentation evidencing that the Subrecipient shall have the below described insurance coverages in place for the property to be acquired. Applicable insurance coverages shall take effect on the closing date. The Subrecipient agrees to maintain, for the period of the declaration of restrictions: a. All -Risk Property insurance for the full replacement value of the property, including betterments and improvements made by the Subrecipient with NSP funds, b. Windstorm insurance, unless included as a covered peril in the property insurance, for the full replacement value of the property, including betterments and improvements made by the Subrecipient with NSP funds; or the maximum amount available under the Florida Windstorm Underwriting Association, whichever is less, and C. Flood insurance, if the property is located in a specified flood zone as determine under NSP, for the maximum amount available from the National Flood Insurance Program. The Subrecipient agrees to be fully responsible for any deductible or self- insured retention, and agrees to name the Grantee as a Loss Payee /Mortgagee on each op Ly as their interest may appear. The Subrecipient shall provide the Grantee on the closing date with a certificate of property, windstorm, and flood insurance as specified above, which certificate shall include the loss payee /mortgagee endorsement. Failure to obtain and maintain the above described insurance shall be considered as an event of default under the Declaration of Restrictions. The requirements of this clause shall survive the expiration of this Agreement. NSP1 DELRAY BEACH HOUSING AUTHORITY C. Program Income of Subrecipient: The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with NSP funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement. D. The Grantee Agrees to: 1. Donate single family units or multifamily dwellings to Subrecipient to manage for affordable rental purposes during the term of this Agreement. 2. Provide project administration and inspection to the Subrecipient to ensure compliance with all applicable Federal, State, County and City laws and regulations. 3. Monitor the Subrecipient at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Grantee, be conducted by Grantee staff or its contractor, and will serve to ensure compliance with DCA and HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to Grantee on program activities. 4. The Grantee shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The Grantee shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. 5. EVALUATION AND MONITORING The Subrecipient agrees that Grantee will carry out periodic monitoring and evaluation activities as determined necessary by Grantee or the DCA and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Subrecipient agrees to furnish upon request to Grantee or the DCA's designees copies of transcriptions of such records and information as is determined necessary by Grantee or the DCA. The Subrecipient shall submit status reports required under this Agreement on forms approved by Grantee to enable Grantee to evaluate progress. The Subrecipient shall provide information as requested by Grantee to enable Grantee to complete reports required by the DCA or HUD. The Subrecipient shall allow Grantee, the DCA or HUD to monitor the Subrecipient on site. Such visits may be scheduled or unscheduled as determined by Grantee, DCA or HUD. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Grantee, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Subrecipient to Grantee, the DCA, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. If during the year, the Subrecipient expends over $500,000 of Federal awards, the Subrecipient shall comply with the provisions of OMB Circular A -133. The Subrecipient shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110, A -122, A -133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period in which Grantee - administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Subrecipient's choosing, subject to the DCA's approval. In the event the Subrecipient anticipates a delay in NSP1 DELRAY BEACH HOUSING AUTHORITY producing such audit, the Subrecipient shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Subrecipient. In the event the Subrecipient is exempt from having an audit conducted under A -133, the Subrecipient shall submit audited financial statements and /or the DCA reserves the right to conduct a "limited scope audit" of the Subrecipient as defined by A -133. The Grantee will be responsible for providing technical assistance to the Subrecipient, as deemed necessary by the DCA. PART III GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE: The Subrecipient agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, gender, or gender identity or expression, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. DATA BECOMES GRANTEE PROPERTY: All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this Agreement shall be made available to the Grantee by the Subrecipient at any time upon request by the Grantee. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to GRANTEE if requested. In any event the Subrecipient shall keep all documents and records for five (5) years after expiration of this Agreement. 3 INDEMNIFICATION:. The successful proposer will agree to be liable for any and all damages, losses, and expenses incurred, by the City, caused by the acts and /or omissions of the successful proposer, or any of its employees, agents, sub - contractors, representatives, or the like. The successful proposer will agree to indemnify, defend and hold the City harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts and /or omissions of the successful proposer, or any of its employees, agents, sub - contractors, representatives or the like. 4. INSURANCE: The subrecipient shall provide original Certificates of Insurance, to Grantee within five (5) regular business days of the notification of the intent to award the Agreement. Certificates of Insurance shall provide a minimum of a thirty (30) day notice of cancellation to Grantee of Delray Beach and shall name Grantee of Delray Beach as the Certificate Holder and additional insured. 1. AUTOMOBILE: Combined Single Limit: $300,000.00 per accident, or Bodily Injury: $300,000.00 per person, and Property Damage: $100,000.00 per accident; GENERAL LIABILITY: One Million Dollars ($1,000,000.00) each occurrence; GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); NSP1 DELRAY BEACH HOUSING AUTHORITY EXCESS COVERAGE: One Million Dollars ($1,000,000.00); PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); WORKERS' COMPENSATION: Employers' liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence. Evidence of qualified self- insurance status will suffice for this subsection. 5. MAINTENANCE OF EFFORT: The intent and purpose of this Agreement is to increase the availability of the Subrecipient's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Subrecipient. The Subrecipient agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 6. CONFLICT OF INTEREST: The Subrecipient covenants that no person who presently exercises any functions or responsibilities in connection with this Agreement, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Subrecipient. Any possible conflict of interest on the part of the Subrecipient or its employees shall be disclosed in writing to GRANTEE provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. 7. CITIZEN PARTICIPATION: The Subrecipient shall cooperate with GRANTEE in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Subrecipient is undertaking in carrying out the provisions of this Agreement. Representatives of the Subrecipient shall attend meetings and assist GRANTEE in the implementation of the Citizen Participation Plan, as requested by GRANTEE. 8. RECOGNITION: All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Subrecipient will include a reference to the financial support herein provided by the City of Delray Beach in all publications and publicity. In addition, the Subrecipient will make a good faith effort to recognize the City of Delray Beach's support for all activities made possible with funds made available under this Agreement. 9. AGREEMENT DOCUMENTS: The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; 10. TERMINATION: In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Subrecipient with funds under this Agreement shall be returned to Grantee. In the event of termination, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of the Agreement by the Subrecipient, and the Grantee may withhold any payment to the Subrecipient for set -off purposes until such time as the exact amount of damages due to the Grantee from the Subrecipient is determined. NSP1 DELRAY BEACH HOUSING AUTHORITY 11. TERMINATION FOR CAUSE: If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a thirty (30) working days written notice of such termination to the other party and specifying therein the effective date of termination. 12. TERMINATION DUE TO CESSATION: In the event the grant to the Grantee under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date HUD specifies. 13. SEVERABILITY OF PROVISIONS: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS: The Grantee may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, City, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Grantee Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by Grantee and signed by both parties. 15. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to GRANTEE at its office at 100 NW 1st Avenue, Delray Beach, Florida 33444, and to the Subrecipient when delivered to its office at 600 N. Congress Avenue, Delray Beach, FL 33445. 16. INDEPENDENT AGENT AND EMPLOYEES: The Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not employees of the City of Delray Beach and are not subject to the provisions of the law applicable to City employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 17. NO FORFEITURE: The rights of the Grantee under this Agreement shall be cumulative and failure on the part of the Grantee to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 18. PUBLIC ENTITY CRIMES: As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). 19. PROGRAM STATUES AND REGULATIONS: Subrecipient will comply with applicable federal and state requirements. (See Attachment B) 20. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. 21. In Inspector General. Subrecipient is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain NSP1 DELRAY BEACH HOUSING AUTHORITY records and testimony from Subrecipient and its subcontractors and lower tier subcontractors. Subrecipient understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Subrecipient or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 22. Public Records Subrecipient shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Subrecipient agrees to: i. Keep and maintain all records that ordinarily and necessarily would be required by the City. ii. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Subrecipient r at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Subrecipient. V. If Subrecipient does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Executed this day of , 20 ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Gary Glickstein, Mayor Executed this day of , 20 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSES: DELRAY BEACH HOUSING AUTHORITYIDELRAY HOUSING GROUP, INC. Witness Name: Witness Signature By: X Witness Name: Witness Signature X STATE OF FLORIDA COUNTY OF Print Name: Title: NSP1 DELRAY BEACH HOUSING AUTHORITY The foregoing instrument was acknowledged before me this day of , 2014, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 10 AGREEMENT BETWEEN DELRAY BEACH I_1 0 U] DELRAY BEACH COMMUNITY LAND TRUST THIS AGREEMENT, entered into this day of , 20_, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and the DELRAY BEACH COMMUNITY LAND TRUST, a Special District of the State of Florida, having its principal office at 145 SW 12th Avenue, Delray Beach, FL 33444, and its Federal Tax Identification number as 20- 4162353. WHEREAS, City of Delray Beach has entered into an agreement with the Florida Department of Community Affairs for the use of grant funds made available under the Housing and Economic Recovery Act of 2008 (HERA); and WHEREAS, these grant funds were made available pursuant to the authority of Sections 2301 -2304 of HERA, which established the Neighborhood Stabilization Program (NSP); and WHEREAS, Delray Beach wishes to use grant funds provided under NSP for the herein described project; and WHEREAS, Delray Beach desires to engage the Delray Beach Community Land Trust desires to enter into this Agreement to implement the herein described project. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PART DEFINITION AND PURPOSE U1 :19011111[9706.1 (1) "Grantee" means City of Delray Beach (2) "HERA" means the Housing and Economic Recovery Act of 2008 (HERA). (3) "NSP" means the Neighborhood Stabilization Program as authorized under Sections 2301 -2304 of HERA. (4) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (5) "DCA" means Florida Department of Community Affairs (6) "Subrecipient" means the Delray Beach Community Land Trust. (7) "GRANTEE Approval" means the written approval of the City's Community Improvement Director or his /her designee. (8) "HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (9) "Low and moderate income persons" means the definition set by HUD. (10) "HAP" means Housing Assistance Plan (11) "RFP" means Request for Proposal. NSP3 Delray Beach Community Development Corporation 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Part II of this Agreement. PART II SCOPE OF SERVICES The Subrecipient will be responsible for handling several components pertaining to disposition of NSP units for Homeownership to LMMI. The Subrecipient will follow the program description as detailed in the Request for Proposal (Attachment A). A. Subrecipient Agrees to: 1. Program Delivery: Housing Disposition Services a. Affordable Sales 1) Subrecipient shall make units available for sale by households up to 120% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). Counseling Requirements 1) Subrecipient shall assist Homebuyers with attending 8 hours of homeownership training from a HUD approved agency. Proof of completion should be made part of each applicant's /household's file. Counseling must be classroom style, individual (one on one) or a combination of both formats. c. Loan Packaging 1) Subrecipient shall assist Homebuyers with must obtaining a conventional or FHA 30 or 15 year fixed rate mortgage. 2) The Subrecipient will act as the primary housing packagers for all homeownership packages under the program; they will remain responsible for guiding NSP homebuyer applicants from application /pre - qualification to loan closing. 3) Subrecipient will submit only completed packages to the Grantee for review and initial approval; requested subsidy packages will not be reviewed and funds will not be encumbered unless /until the package is complete (including financing /lender documents). Once determined complete and eligible, funds will be conditionally encumbered (award contingent upon City Commission approval); 4) Subrecipient will submit files including a cover page delineating homebuyer's name, property location, family size, and other narrative information describing specifics of the purchase (including current file submission checklist); 5) Subrecipient will provide assistance to applicants /homebuyers in obtaining a residential mortgage (loan packaging) from the lender of choice. The subrecipient will prepare the completed applicants files (to include request for subsidy assistance) and submit the same to the Grantee for evaluation and processing, no later than three weeks prior to the anticipated /targeted City Commission Meeting date; NSP3 Delray Beach Community Development Corporation 6) Homebuyer packages must contain up to date income verification documents (not older than 30 days) upon submission to the City for review; d. Income Requirements All homebuyers applying for assistance under this program must meet the income eligibility guidelines as defined in the RFP and most current income restrictions. e. Ranking/ Waiting List 1) Subrecipient shall select from current waiting list 2) Subrecipient shall select applicants on a first come, first ready basis. No priority shall be given to any extenuating circumstances. f. Sale to Homebuyer 1) Subrecipient will work in conjunction with Grantee with a Title Company of the Grantee's choosing for all closings 2) Subrecipient will serve as agent for the Homebuyer in all communications with the Grantee; g. Reporting Reporting Requirements: ■ Six (6) year retention of record after final closeout ■ Monthly reporting to Grantee is required ■ Annual Internal Audit required The Subrecipient will keep tracking sheets to document activities carried out under this program. The information listed below is required for reporting purposes in addition to program. As part of the Subrecipients' reporting to the Grantee a summary of each direct beneficiary under each strategy will be provided which includes: 1) Housing unit address 2) Beneficiary name, address, city and zip code 3) Date of sale of property (closing date) 4) Total NSP funds spent per unit 5) Other funding sources spent per unit 6) Information on whether the unit head of household was female, disabled, elderly, and income category for the household 7) Total household size, broken down by sex and age of household members 8) Racial demographics for the head of household. C. The Grantee Agrees to: 1. Provide housing units for affordable homeownership purposes during the term of this Agreement. 2. Grantee shall pay a flat rate developer fee of 6% not to exceed $10,000 at time of each homebuyer closing. Grantee will provide a checklist of delivered services as part of the developer fee. The checklist must be included in each client file at closing. 3. Provide project administration and inspection to the Subrecipient to ensure compliance with all applicable DCA, HUD State, Federal, County and City laws and regulations. 4. Monitor the Subrecipient at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Grantee, be conducted by Grantee staff or its contractor, and will serve to ensure compliance with DCA and HUD regulations, that planned activities are conducted in a timely 3 NSP3 Delray Beach Community Development Corporation manner, and to verify the accuracy of reporting to Grantee on program activities. 2. Program Delivery: Rental Services a. Affordable Rentals: 1) Subrecipient shall make units available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 2) REVERSION OF ASSETS: Subrecipient shall own donated NSP rental properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. b. Administrative: 1) Work with Grantee staff to monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the twenty (20) year term. 2) Ensure timely rent collection. 3) Manage nonpayment of rent including timely evictions. 4) Collect security deposits and maintain escrow accounts. 5) Advertise for and screen new tenants. 6) Comply with Federal Community Development Block Grant Regulations per 24 CFR 570.507. C. Maintenance and Repair: 1) General maintenance of plumbing, simple electrical and air conditioners 2) Lawn Care 3) On -call services (after -hour responses to tenant concerns) d. Reporting: The Subrecipient will keep tracking sheets to track activities carried out under this program. The information listed below is required for reporting purposes in addition to program expenditures for each housing unit. As part of the Subrecipient's reporting to the Grantee, Subrecipient will provide a summary of each direct beneficiary under each strategy that includes: 1) Housing unit address 2) Beneficiary name, address, city and zip code 3) Date of rental of property (closing date) 4) Other funding sources spent per unit 5) Information on whether the unit head of household is female, disabled, elderly, and income category for the household 6) Total household size, broken down by sex and age of household members 4 NSP3 Delray Beach Community Development Corporation 7) Racial demographics for the head of household Quarterly Reports will be submitted to the Grantee by the 15th of month detailing activities for the previous three (3) months. Each report shall include the following: 1) Financial Report — Balance Sheet and Operating Statement detailing the rents collected, monthly expenses, tenant accounts receivables and accounts payables 2) Move -in /Move -out Reports 3) Vacancies 4) Litigation 5) Other non - routine activities 6) Provide annual operating budget no later than September 30th of each year. EVALUATION AND MONITORING The Subrecipient agrees that Grantee will carry out periodic monitoring and evaluation activities as determined necessary by Grantee or the DCA and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Subrecipient agrees to furnish upon request to Grantee DCA or HUD's designees copies of transcriptions of such records and information as is determined necessary by Grantee or the DCA. The Subrecipient shall submit status reports required under this Agreement on forms approved by Grantee to enable Grantee to evaluate progress. The Subrecipient shall provide information as requested by Grantee to enable Grantee to complete reports required by the DCA or HUD. The Subrecipient shall allow Grantee, the DCA or HUD to monitor the Subrecipient on site. Such visits may be scheduled or unscheduled as determined by Grantee, DCA or HUD. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Grantee, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Subrecipient to Grantee, the DCA, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. If during the year, the Subrecipient expends over $500,000 of Federal awards, the Subrecipient shall comply with the provisions of OMB Circular A -133. The Subrecipient shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110, A -122, A -133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period in which Grantee - administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Subrecipient's choosing, subject to the DCA's approval. In the event the Subrecipient anticipates a delay in producing such audit, the Subrecipient shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Subrecipient. In the event the Subrecipient is exempt from having an audit conducted under A -133, the Subrecipient shall submit audited financial statements and /or the DCA reserves the right to conduct a "limited scope audit" of the Subrecipient as defined by A -133. The Grantee will be responsible for providing technical assistance to the Subrecipient, as deemed necessary by the DCA. NSP3 Delray Beach Community Development Corporation PART III GENERAL CONDITIONS PROGRAM - GENERATED INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with NSP funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement. 2. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE: The Subrecipient agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, gender, or gender identity or expression, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 3. DATA BECOMES GRANTEE PROPERTY: All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this Agreement shall be made available to the Grantee by the Subrecipient at any time upon request by the Grantee. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to GRANTEE if requested. In any event the Subrecipient shall keep all documents and records for five (5) years after expiration of this Agreement. 4. INDEMNIFICATION: The Subrecipient shall protect, defend, reimburse, indemnify and hold the Grantee, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the Subrecipient. Subrecipient's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Subrecipient will hold the Grantee and State harmless and will indemnify the Grantee State for funds which the Grantee is obligated to refund the Federal Government arising out of the conduct of activities and administration of Subrecipient. 5. INSURANCE: The subrecipient shall provide original certificates of Insurance, to Grantee within five (5) regular business days of the notification of the intent to award the Agreement. Certificates of Insurance shall provide a minimum of a thirty (30) day notice of cancellation to Grantee of Delray Beach and shall name Grantee of Delray Beach as the Certificate Holder and additional insured. 1. AUTOMOBILE: Combined Single Limit: $300,000.00 per accident, or Bodily Injury: $300,000.00 per person, and Property Damage: $100,000.00 per accident; GENERAL LIABILITY: One Million Dollars ($1,000,000.00) each occurrence; GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); NSP3 Delray Beach Community Development Corporation EXCESS COVERAGE: One Million Dollars ($1,000,000.00); PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); WORKERS' COMPENSATION: Employers' liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence. Evidence of qualified self- insurance status will suffice for this subsection. 6. MAINTENANCE OF EFFORT: The intent and purpose of this Agreement is to increase the availability of the Subrecipient's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Subrecipient. The Subrecipient agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 7. CONFLICT OF INTEREST: The Subrecipient covenants that no person who presently exercises any functions or responsibilities in connection with this Agreement, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Subrecipient. Any possible conflict of interest on the part of the Subrecipient or its employees shall be disclosed in writing to Grantee provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. 8. RECOGNITION: All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Subrecipient will include a reference to the financial support herein provided by the Grantee in all publications and publicity. In addition, the Subrecipient will make a good faith effort to recognize the Grantee's support for all activities made possible with funds made available under this Agreement. 9. AGREEMENT DOCUMENTS: The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; 10. TERMINATION: In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Subrecipient with funds under this Agreement shall be returned to Grantee. In the event of termination, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of the Agreement by the Subrecipient, and the Grantee may withhold any payment to the Subrecipient for set -off purposes until such time as the exact amount of damages due to the Grantee from the Subrecipient is determined. 11. TERMINATION FOR CAUSE: If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a thirty (30) working days written notice of such termination to the other party and specifying therein the effective date of NSP3 Delray Beach Community Development Corporation termination. 12. TERMINATION DUE TO CESSATION: In the event the grant to the Grantee under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date HUD specifies. 13. SEVERABILITY OF PROVISIONS: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS: The Grantee may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, City, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Grantee Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by Grantee and signed by both parties. 15. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to GRANTEE at its office at 100 NW 1st Avenue, Delray Beach, Florida 33444, and to the Subrecipient when delivered to its office at 401 W. Atlantic Avenue #016, Delray Beach, FL 33444. 16. INDEPENDENT AGENT AND EMPLOYEES: The Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not employees of the City of Delray Beach and are not subject to the provisions of the law applicable to City employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 17. NO FORFEITURE: The rights of the Grantee under this Agreement shall be cumulative and failure on the part of the Grantee to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 18. PUBLIC ENTITY CRIMES: As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 19. PROGRAM STATUES AND REGULATIONS: Subrecipient will comply with applicable federal and state requirements. (See Attachment B) 20. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 21. Inspector General. Subrecipient is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Subrecipient and its subcontractors and lower tier subcontractors. Subrecipient understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Subrecipient or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. NSP3 Delray Beach Community Development Corporation 22. Public Records Subrecipient shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Subrecipient agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Subrecipient r at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Subrecipient. e) If Subrecipient does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. Executed this day of , 20_ ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney By: Cary Glickstein, Mayor Executed this day of , 20_ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSES: Witness Name: Witness Signature X E DELRAY BEACH COMMUNITY LAND TRUST By: Print Name: Title: NSP1 Delray Beach Community Development Corporation Witness Name: Witness Signature X STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 10 Y it Delrjjyqjousin , Group, Inc. i Table of Content PROPOSALLETTER...................................................................................................................... ..............................3 APPLICATIONFORM ............................................................................................................... ..............................4 DISPOSITION FOR RENTAL PROPERTIES PROGRAM ........................................................... ..............................5 Part 2A Rental Property Management Experience ......................................................... ..............................5 Part 2B- Program Operating Plan ............................................................................ .............................15 Part 2C- Paints for Other Funding ........................................................................... .............................20 APPENDIX................................................................................................................... .............................26 Attachment A— Articles of Incorporation .............................................................. .............................27 Attachment B — IRS Determination Letter .............................................................. .............................35 AttachmentC — IRS Form 990 ................................................................................. .............................36 Attachment D — Recent Audit & Current Financial Statements ............................. .............................64 Attachment E —List of Board Members .................................. ............................... ............................108 AttachmentF — Litigation ........................................................ ............................... ............................109 Attachment G — Financial Information .................................... ............................... ............................110 Attachment H —WBE/ MBE / DBE .............................................. ............................... ............................113 Attachment I — Affirmative Marketing Plan .................................................. ..................................... 114 Attachment 1— Conflict of Interest .......................................... ............................... ............................118 Attachment K— Acceptance of Proposal Terms and Conditions ............................ ............................120 Attachment L — Addenda Acknowledgement ......................... ............................... ............................121 1i&M6.y Delray g1ousing Group. Inc. November 19, 2013 City of Delray Beach Purchasing Department 100 NW 1 s Avenue Delray Beach, FL 33444 Subject: Request for Proposals for Rental and Homebuyer Disposition Services Dear Selection Committee, The Delray Housing Group (DHG), a subsidiary and instrumentality of the Delray Beach Housing Authority (DBHA), is pleased to submit this proposal for Rental Disposition Services in association with the Neighborhood Stabilization Program (NSP) as indicated in your Request for Proposals. The Delray Housing Group shares the mission of DBHA: to improve the quality of life for low and moderate income families, and provide the opportunity for self - sufficiency by guaranteeing safe, descent and quality housing. DHG has remained true to its mission by maintaining a focus on providing rental housing to those families who are least likely to become homeowners. This narrow focus has uniquely positioned the agency to easily meet the NSP requirement that at least 25% of grant funds be used for the purpose of housing individuals and families whose incomes do not exceed 50% of the area median income. For more than 40 years, these families have been our target population. The DHG's parent company, The Delray Beach Housing Authority and the City of Delray Beach have been partners throughout the DBHA existence and share similar missions, similar goals and similar development objectives which overall benefit the citizens and neighborhoods where our efforts are being utilized. We have a proven track record with respect to acquisition, rehabilitation and management of rental structures strictly for affordable housing purposes. As you will see in our proposal, we are a qualified non -profit agency with experienced staff to accomplish not only our objectives, but the objectives stated in the Neighborhood Stabilization Program as well. We are excited about this opportunity and are ready to present our proposal to the City Commission upon request. Thank you for your consideration.. Sincerely, ,oilf DOROTHY ELLINGTON, President UP- Rental & Homebuyer Disposition Services Annual Contract PART 1: APPLICATION FORAM Proposer Information a. Program Type (Applicant can apply for one or bout programs but must be the same entity N both programs (Joint venturssic"pplicautts are not eligible): -X--- untai Properly (Nuitl4amlly andlor Single Family) — Homeownership (scattered single family endior duplexes) b. Agency Name Delmy Housing Groaw c. Address_ 701 BE a Avenue. Suits 204 citye Delrav Soto F. _ZIp 33403 d. FEIN# 034PJ26636 e. Phone No. 667,272 -6765 Fax 361 2737 _ L *Contact Person;_jhmdhy ellingftn Address: 701 SW e– Avenue. suite 201 City: Delray leach, err FL Zip 33 Phone No. 561. 272 -6722 Fax 561 - 2784937 n♦ttau ��ml�!���t���c�i���.o� *Is this contact person a consultant Ye:_ No ]X- if so, list effective date of consulting services: *Additional Contact Pigeon: dakeleetn Fema ndez Program Address 701 BE 61° Avenue Suite 201 City: Delray leach. State FL Zip 33483 Phone No. 567 -272 -6722 Fax 561- 278.4937 Autorization (Please provider name and title of duly no0orised representative a. Contact Person: Dorothy Ellington b. Adder: 701 SW ! ue Suite 201 Chr. RpIreB+i�s_ ch. State FL ZIP 31483 a. Phone No. 587 - 272 -6722 Fax 561- 278 -4037 Date 11119=13 M- Rerdal h Homebuyu Di"tion Samoes Annual Contract DISPOSITION FOR RENTAL PROPERTIES PROGRAM Part ZA- Rental Property Management Experience The Delray Housing Group, Inc. (DHG) is a 501 (c) (3) organization and is the development and property management arm of the DBHA. DHG was organized in May 2003 as a non-profit real estate development subsidiary. Creation of the non - profit subsidiary was designed to provide another resource for the development of affordable housing, neighborhood, community and economic development. Its creation was also encouraged by HUD to serve as a flexible tool to engage in real estate development activities utilizing existing assets and to acquire others, in order to further its mission to provide decent, safe, sanitary and affordable housing for low and moderate income citizens. We are dedicated to improving the quality of life for low and moderate income families, and providing the opportunity for self - sufficiency by guaranteeing safe, quality housing. The same seven member board of the DBHA also governs the Delray Housing Group, Inc., the non -profit developer /property management subsidiary. rat ©ry The Delray Beach Housing Authority (DBHA) was created under Florida Statutes, Chapter 421 (421.04) which states: "In each city, as herein defined, there is hereby created a public body corporate and politic to be known as the "Housing Authority" of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city by proper resolution shall declare that there is need far an authority to function in such city." In June 1970, the City Commission determined that there was a lack of safe and sanitary dwelling accommodations in the City and adopted Resolution 38 -70 declaring that there is a need for an authority to function in the City of Delray Beach. In July of the following year, the City Commission adopted Resolution 41 -70 which approved the appointment of the first Board of Commissioners for the Delray Beach Housing Authority. To this day, the Delray Beach City Commission still appoints members to the Delray Beach Housing Authority Board. As federal funds began to shrink it began necessary and appropriate to attract additional funding so as to continue to function as the City's low income housing provider. Thus the DHG was created as described above. DHG has benefited from the 40 years experience of its parent company while at the same time establishing itself as a legitimate affordable housing provider. An Organizational Chart ;allows. RFP- Rental & Hornebuyer Disposition Services Annual Contract The Delray Housing Group is staited by experienced professionals who are serious about providing exceptional customer service. The degree of success for any organization depends on how well trained the staff is to perform their jobs. DHG is pleased with the level of training attained by its staff and continues to offer additional opportunities for staff improvement when such opportunities become available. • Dorothy Ellington, President, serves as staff liaison to the Board and ultimately responsible for its activities. Ms. Ellington is responsible for steadfastly improving the performance of the Delray Beach Housing Authority during her 15 -year tenure as the chief executive of the agency. Ms. Ellington's training includes a Master of Applied Social Science, with an emphasis on Public Administration and a Bachelor of Science Degree from Florida A&M University. Before she began her tenure as Executive Director of the DBHA/DHG, Ms. Ellington administered the successful CDBG Program for the City of Delray Beach for 10 years. She provides guidance, direction and supervision to all executive staff of both the Housing Authority and the Delray Housing Group. She has served as a faculty member of the National Association of Housing and Redevelopment Officials (NAHRO), is currently a member of the City of Delray Beach Affordable Housing Advisory Committee, a member of the Board of Directors of Workforce Alliance, and was previously appointed by Governor Jeb Bush to serve as a member of the State of Florida's Affordable Housing Study Commission. Ms. Ellington is a Certified Housing Manager through the National Center for Housing Management as well as a Certified Housing Specialist through Nan McKay and Associates. a Jakeleen Fernandez, DBHA Compliance Officer, serves as the liaison for the non -profit organization. Ms. Fernandez is responsible for monitoring the DHG's construction programs as well as supervising all DHG staff. With 16 years of Program/Property Management, Business Administration and Affordable Housing experience, Ms. Fernandez is well equipped to oversee this engagement. She was been with the organization since January 2004. • Dennis Tanner, Vice President of Finance, heads up the Accounting Department, and has served as the agency's accounting manager since November 2011. • Jurrel Hollis has served as the organization's Maintenance Professional since its inception. Mr. Hollis served as Maintenance Supervisor for the Delray Beach Housing Authority for more than 20 Years, beginning in 1985. DHG has contracted with Mr. Hollis to provide on- call, lawn maintenance and routine repairs for all of its managed properties. He is trained in Air Conditioning and Refrigeration, Housing, Quality Standards Inspections and simple plumbing and brings a level of customer service that is courteous and dependable. • Corey Joneshasserved as the Inspector for the Delray Beach Housing Authority Since January 2008 and has recently been promoted to AssistantProperty Manager for the DHG. He is experienced and certified in Housing Quality Standards (HQS) and is a great addition to the team. Governance The Delray Housing Group is governed by a Board of Directors, representing various professions, whose members are also members of the Delray Beach Housing Authority Board. They are as follows: • Joseph Hepp Licensed Mortgage Broker 3825 Majestic Palm Way Delray Beach, Florida 33445 RFP- Rental & Homebuyer Disposition Services Annual Contract Telephone: (561) 271 -6740 cell a Choli Aronson, Architect (Currie, Sowards Aguila) 1541 Northeast 42°' Court Pompano Beach, Florida 33064 (954) 612 -9965 cell a Christel Silver, Real Estate Broker 278 East Coral Trace Circle Delray Beach, Florida 33445 (561) 929 -5799 cell a Sylvia Morris, Care Giver, Representing Public Housing And Section 8 Residents 414 Northeast 12t Avenue Boynton Beach, Florida 33435 (561)704 -6055 cell a Gaston Joseph, Finance 636 NW 53rd Avenue Delray Beach, Florida 33445 (561) 703 -4177 cell a Marcia Beam, Minister 805 SW 6" Avenue Delray Beach, Fl 33444 (561) 271 -7079 — Cell a Guarn Sims, Educator 3021 S. Seacreast Blvd. Boynton Beach, F1 33445 (561) 827 -3051 cell �xnerience The Delray Beach Housing Authority previously owned and managed a 200 unit Public Housing development constructed in 1978 named Carver Estates. In October 2005, Hurricane Wilma brought significant devastation to South Florida. The Delray Beach Housing Authority was directly impacted by this natural disaster which resulted in the condemnation and subsequent demolition of the zoo unit Public Housing complex. With the assistance from the U.S. Department of Housing and Urban Development (HUD) through the provision. of Section 8 Housing Choice Voucher certificates, all former Carver Estates residents were successfully relocated immediately upon receipt of the condemnation notice. The Delray Beach Housing Authority currently operates a Section 8 Housing Choice Voucher Program consisting of r,io7 Section 8 vouchers. In addition, the Delray Beach Housing Authority operates a Housing Choice Voucher Portability Program consisting of 55 Section 8 vouchers from other Housing Authorities outside of our jurisdictional boundaries. UP- Rental & Homebuyer Disposition Services Annual Contract The Delray Housing Group, Inc., has successfully owned and managed affordable housing units since March 2004 when it entered into a contract to manage 15 units owned by the Community Redevelopment Agency. The DHG portfolio includes 34 rental units which it either owns or manages on behalf of others. The agency is currently serving as the developer for the West Settler's Office Building, the Housing Authority's permanent office space, a mixed use building containing office and residential space. Moreover, as the property management arm of the Housing Authority, DHG regularly seeks opportunities for property management. Additionally, DHG is serving as co- developer with a private developer of 232 Tax Credit apartment units which upon completion will house 144 families and 84 low income elderly households. This development to be known as the Courts at Village Square and the Villas at Village Square, will also be owned and managed by DHG. The City of Delray Beach awarded the Rental Disposition Service as part of RFP ##12- 2oioNS to the Delray Beach Housing Authority /Delray Housing Group, Inc, on July C, 2oio. Through the Neighborhood Stabilization Program Grant, the City acquired and rehabilitated foreclosed rental properties and subsequently sold them to DBHA/DHG to be owned and operated for affordable rental housing purposes. As part of the requirements stated in the RFP and through the NSP program, these rental properties have been made available to persons or families at or below 5o% AMI. Currently the DBHA /DHG is responsible for a total of five (5) NSP units. RFP - Rental & Homebuyer Disposition Services Annual Contract 226 SW 12" Street (2 Units) Delray Beach, Florida Owned and Managed since September 2010 . -fl- _T 1505 SW 3" Court (3BR Single Family) Delray Beach, Florida Owned and Managed since January 2012 134 SW 9t' Avenue (2 Units) Delray Beach, Florida Owned and Managed since April 2004 554 Piedmont L, Kings Point (1 Condominium) Delray Beach, Florida Owned and Managed January 2009 704 SW 9A Street (3BR Single Family) Delray Beach, Florida Owned and Managed since May 2011 133 SW 76 Avenue (2 Units) Delray Beach, Florida Owned and Managed since May 2011 UP- Rental & Homebuyer Disposition Services Annual Contract 9 A 133 NW 5" Avenue (9 Units) Delray Beach, Florida Carolyn Quince Apartment Managed Since September 2011 140 NW 4`h Avenue (14 Units) Delray Beach, Florida La France Apartments Managed Since September 2011 $2 N W 5" Avenue Delray Beach, Florida (DHG serves as Developer of this Mixed Use Building and will serve as property manager for owner upon completion) REP- Rental & Homebuyer Disposition Services Annual Contract 10 ORGANIZATIONAL CHART Delray Dousing Group, Inc. Board of Directors Joseph Hepp, Chairman Choi! Aronson, Vice Chairman Sylvia Morris, Director Christel Silver, Director President Marcia Beam, Director Gaston Joseph, Director Guars Sims, Director Dorothy Ellington V.P. of Finance Naomi Durham Accountant Ada De Los Rios DHG Ualson Jakeleen Fernandez AWstant Property Manager Corey Jones Maintenance Personnel Jurrell Hollis rwrr ,Iqw 1i i.i i i ism) u w � O �a 00 0 Iwo u O � w pfi �I �4 rtn 0 -2 1 a`i 13 a Z,io -0 -9V sel Cl) JIM $g di cn 0 A CD :E a cz 0 o o L C W r -1—d w E m U) c a � � cj Cl) cz 4) Q W Lim o V C 2 z 2 iz r � s 7' n m am ` C w w in r C In r lE 1 14 Part 213- Program Operating Plan Qualifying Renter: Pursuant to the Neighborhood Stabilization Program and requirements stated in the RFP documentation, rents will be established and made affordable to tenants at or below 50% of AMI. Units will be rented for no more than the Fair Market Rents (FMR) as published annually by HUD and will be reviewed and reduced if necessary to ensure affordability to tenants at or below 50% of AMI. By utilizing the DBHA's existing Housing Choice Voucher Program (Section 8), rents will be affordable to extremely low income families in that they will be required to pay only 30% of their income towards rent. The family would benefit from the subsidies provided through this program while the Authority would be able to use the rectal income (tenant's share plus Section 8 subsidy) to maintain the units at a quality standard. Housing Authorities are permitted to establish Payment Standards at a level between 9011/o and 120% of FMR. Rents cannot exceed this standard when calculating tenant rents. This aspect of the program will benefit non - Section 8 low - income tenants, assuring affordability as follows: The table below will be used for rental determinations: Final FY 2013 -2014 Fair Market Rents MR's) by Unit Bedrooms —Efficiency 1 bedroom 2 bedroom$ 3 bedrooms 4 bedmoms FMR's 750.00 962.00 1202.00 162100 1,938.00 Payment Standard 750.00 962.00 1082.00 1461.00 1744.00 (90 1%, FMP.) 100% 100% 90% 90% 900/0 Eligibility Individuals or households who wish to occupy NSP rental units must apply directly to the DBHA/DHG whereby the applicants will be monitored for income compliance for the term of affordability to ensure that all applicants are income qualified at or below 50% of the area median income at the time of occupancy. The table below will be used for income eligibility: To select participants, the following steps will be taken: • Interested applicants will be given information regarding how to apply for finding at the DBHAIDHG office located at 701 SE 6s' Avenue, Suite 201, Delray Beach FL, 33483. Information shall include, at a minimum, a copy of the Housing Assistance Plan and Lead Base Paint warning information. A Housing Specialist will be available to meet with interested parties to discuss the requirements of the program. UP- Rental & Homebuyer Disposition Services Annual Contract 15 • Eligible applicants will be selected on a first come, first qualified, first sued basis. No other ranking or scoring process will be used. • Eligible program participants must qualify for the income levels at 50/0 of AML Income eligibility shall be determined upon completion of an application process and determined by using the total household gross income of all household members. '-Rental & Hor ebuyer Disposition Services Annual Contract 16 Mer Services: FIV..• Fvianagemem L r+ Management Services Scott Accounting and Computer Services, Inc_ (SACS) SACS is a Windows based computer application currently used to perform all functions of the Delray Housing Group and its affiliate Delray Beach Housing Authority. The software is a management tool that integrates the Tenant Accounts Receivable, Maintenance Work Orders, Tenant Data Applications/Tenant Eligibility Certifications, Accounts Payable, Personnel/Payroll and other functions not essential to all property management engagements. DBHA has used this software since 1999 with great satisfaction. Property Manager/Leasing ManggLrALeasing A en jacrit Collection Duties Day to day management of all properties are performed by the DHG Compliance Officer Jackie Fernandez, and Assistant Property Manager, Corey Jones. Ms. Fernandez will oversee Mr. Jones who will be responsible for Rent Collections, Tenant Screening, including criminal background and credit checks, Lease Enforcement, Eligibility and all Resident Services, including handling complaints and processing work orders. Rent Collection - Current procedures require tenants to mail or hand deliver rents to the DHG office . Rents are entered into SACS where they are fully integrated with the agency's accounting system allowing for up to date reports. Tenant Screening — We subscribe to ChoicePoint@, previously known as Applicant Screening and Processing (ASAP) for all credit, evictions and criminal background checks. UP- Rental & Homebuyer Disposition Services Anneal Contract 17 Operating Budget/Program Income The following Budget assumes an average rent of approximately $590. It is expected that DHG will receive 5 affordable units over a 12 month period with a vacancy rate of 5 %. Utilizing HW's Asset Management methodology, a management fee of $168.88 per unit month is charged to the project. Historically, the NSP rental units have experienced a high level of maintenance expenses, and in fact have operated at a loss. Therefore there is no anticipated Program Income as the program is expected to perform at a "break even" rate. DELRAY HOUSING GROUP PROJECT PROPOSED BUDGET Pr4Jed: N5P Properties Income Growth Factor: 0.00% Vacancy Rate: 5.0096 Replacement Reserves: 10.00% Management Fee /PUM: $168.88 18 Proposed Budget for INCOME: 10/1/13 - 9/30/14 Rental Income $ 35,413 57 Less Vacancy $ 1,770.58 Total Income $ 33,642.84 Other Income ( Late Fees, Insurance Claim) $ - Gross Income $ 33,642.89 EXPENSES: Management Fee $ 12,15936 Electric $ 200-00 Water /Sewer /Garbage $ 600,00 Pest Control $ 2,40000 Maintenance Contracts (Grounds, Plumbing, A/C, etc.) $ 4,440,00 Maintenance Materials & Repairs $ 4,42944 Property /Commercial Insurance $ 4,04980 Replacement Reserve $ 3,364.29 Other Expenses (Legal, Inspections, Appraisals, etc.) $ 2,000.00 Total Expenses $ 33,642.89 Net Operating Income (N.O.I.) $ _ 18 Worts Order Procedures All maintenance work shall be assigned through SAcss, a fully integrated system that includes rent collections, accounts payable, accounts receivable and maintenance work order data. Tenants requiring repairs will be instructed to call the DHG office to report needed repairs during normal office hours and will have 24 -hour emergency access to our maintenance department. In order to effectively maintain the physical condition of a property, it is necessary to set certain priorities so that more urgent requirements can take precedence over routine needs. Maintenance work shall be performed according to the following priorities: 1. Emergency -- Life - threatening or extreme property damage. These include loss of power, broken water lines, fires, exposed electrical lines loose ceilings, no heat when outside temperature is less than 45 degrees, broken door locks, or other conditions that may cause harm to residents or property. Emergency work will be accomplished within 24 hours. 2. Ur eg_nt Major inconvenience to resident, property damage. These are majorly inconvenient but not life threatening nor will cause serious property damage. These may include sink or toilet stoppage, refrigerator not running (except on Fridays, then it becomes an emergency). These work orders will be performed within two working days. 3. Routine Resident or management request, Included in this category are all work items initiated as a result of tenant or DHG staff. These may include non life threatening electrical or plumbing repairs, broken window panes and floor tiles or the like. Routine maintenance is to be performed within three working days. 4. Vacancy Prep Prepare Unit for Occupancy. All vacant units requiring only minor rehabilitation shall be made ready within 10 working days or less. There may be circumstances that will require major rehabilitation requiring more time for unit turnaround. These would most often require outside contract work and may involve repairs to fire damaged units, more than three units requiring prep work, replacing major systems, i.e. plumbing, electrical, bathtub /toilet replacement, replacing doors, windows, or the like. 5. After Hours Service -These are received directly by the on -call maintenance employee and will be performed as necessary or as classified by emergency/urgent/routine. 6. Planned/Seasonal -- These would include janitorial work (trash pick -up daily /as needed), painting and other scheduled maintenance tasks. 7. S cial Pro'ects/Periodic — Any type of deferred maintenance as determined by owner. Extermination - In order to provide a safe and sanitary environment for all residents, the DHG shall perform scheduled and unscheduled (call back) extermination on all properties. All vacated units will be exterminated once during the make -ready process. Lawn/Landseapingr — Hedges, shrubs shall be trimmed on a regular basis. Lawns will be mowed weekly during the summer and biweekly during the winter depending on weather conditions. More or less mowing will be performed as necessary. -Rental & Ho e uyer Disposition Services Annual Contract 19 Part 2C- Points for other Funding Housing Choice Voucher Program H As indicated previously, the Housing Authority plans to utilize its existing HCV Program to insure the units acquired through NSP will be affordable to families at or below 50% of AML The HCV program, formerly known as Section 8, subsidizes the rents of low income participants who are required to pay 30% of their income towards rent. Landlords are allowed to charge no more than the Housing Authority's Payment Standard defined as 90% of FMR. This program assures affordability for are target income group. Below is documentation of DBHA's 2013 quarterly renewal allocation in the amount of $2,463,906 ($9,855,624 annually). 20 U -8, DEPARTMENT OF BDUSINGl AND URBAN DEVELOPMENT Fmwcial Management Cwter 2380 McCva Street, Suite 400 ' IansnCity, M06410&-2W5 OFFICE OF PUBLIC AND MIAN HOUSING October 29, 2013 FLO83 HA DELRAY BEACH 600 N CONGRESS, SUITE 310B DELRAY BEACH, FL 33445-3432 Dear Executive Director: SUBJECT. Renewal of Housing Choice Voucher Program Increments Expiring September 30, October 31, and November 30, 2013 This letter is to notify you that funds have been obligated to renew expiring Housing Choice Voucher {HCV) Program Housing Assistance Payments (HAP) and Administrative Fee increment(s), October through December 2013 HAP Funding The HAP funding is provided to renew increment(s) expiring September 30, 2013, through November 30, 2013. The funding allocations identified herein are based on the requirements of the "Consolidated and Further Continuing Appropriations Act, 2013 ", Public Law 113-6, ("the 2013 Act °) enacted on March 26, 2013, and as described in PIH Notice 13 -12. The monthly HAP amounts will be disbursed in accordance with PIH Notice 2012 -9 and also as outlined in the letter that accompanies your cash disbursement calculations for the current quarter. Disbursements will be reconciled on a quarterly basis to ensure compliance with Treasury Financial Manual at Vol. 1, Part 6, Section 2025 Please note that actual HAP disbursements will be remitted based on cash management procedures and will continue being reconciled on a quarterly basis to ensure compliance with Treasury Financial Manual at Vol. 1, Part 6, Section 2025. VASH Renewals If your agency is administering HUD Veterans Affairs Supportive Housing (VASH) vouchers, the renewal of these vouchers is included in the overall renewal calculations. These vouchers are not renewed separately. PHAs must comply with the statutory requirement that VASH vouchers may only be used to assist VASH - eligible participants, both initially and upon turnover. Separate tracking of the VASH units from the regular voucher units is required for SEMAP purposes, since VASH units are not included, and will also allow for the utilization monitoring of these special purpose vouchers. A new increment has been established for the VASH renewal units and assigned one dollar ($1.00) of budget authority. These units will continue to be renewed separately upon expiration. October through December 2013 Administrative Fee Funding The administrative fees provided for October 2013 are an estimated amount based on the leasing data reported ir: the Voucher Management System (VMS) for January — March 2013, and November and December 2013 are an estimated amount based on the leasing data reported in VMS for April through June 2013. The amount was capped to the number of available units, prorated to 69% of eligibility; and calculated using the 2013 administrative fee rate. Any excess received by your PHA on the first quarter 2013 administrative fee reconciliation was deducted from October 2013 fees. The Department will continue to use the VMS to calculate administrative fees based on first of the month leasing, and to reconcile the estimated fees advanced with the actual earnings for each month. Moving to Work (MTW) Agencies administrative fee funding will be based on their MTW agreement. www.tfud.gov espenol.hud.gov 21 Specific information concerning the renewal(s) for your public housing agency (PHA) is identified below. Expiring HAFT Replacement Admin Fee Funding HAP Funding HAP Budget Funding Admin Fee Increment Increment Contracted Authority Increment Budget Tenn Number Humber Units Number Authority Effective Date (Months) FLO83AFOOM $W,080 10/1/2013 1 FLO83VO0131 FLO83VO0132 1111 $2,150,605 10!112013 3 FLO83VO0130 FLO83VO0131 $313,301 10/1/2013 1 lam r._ _ .... ....... .. .. _ FL083AF0D85 $105,982 1111/2013 2 kilmo r =; i no vApirinq funding increment numuerts) listed above with blank fields across are renewed by the first listed replacement funding increment number that foilows. Enclosed is your Notice to Amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the change(s) described above. The amendment notice and revised funding exhibits should be filed with your most recent CACC. No execution by HUD or your PHA is required. Public housing agencies receiving an increment in excess of $100,000 in Budget Authority (BA) are required to summit Form HUD - 50071, Certification of Payments to Influence Federal Transactions, and if applicable, Form SF -LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000, and your PHA has not submitted the Form(s) HUD -50071 (and SF-LLL where applicable) for your current fiscal year, the documents must be submitted to your Financial Analyst at the Financial Management Center (FMC) within 30 days of the date of this letter. These forms are located on the Internet at the following addresses; Form HUD -50071 hgr): / /www.hud,ogy-/ il' i mterc ,cfm?! cWAdmlhudclips! Qrmstfiles/5007l.pdf Form SF -LLL gyp_; .hud.govlofF s/a /hudclios/forms/files/sflll.ndf Please contact your Financial Analyst at the FMC if you have any questions. Sincerely, rr A. Lamb W4WMd Division Director Enclosures Memo Reference: 13 -104 22 Consolidated a rwl U. S. Department of Housing and Urban Development Office of Public and Indian Housing Housing Choice Voucher Program Section 8 I, og"Mils i a J. I NY Housing Agency. FLO83 HA DELRAY BEACH In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more fuming increments listed on the attached funding exhibit.) The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior finding exhibit~ In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendment to the Consolidated Annual Contributions Contract. Unitad States of America Secretary of Housing and Ujban Development Date of document: Authorized Representative Cad ssa middle, Director Financial Management Center 10/2912013 Forth HUD- 52520A (12/97) 23 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 PIH SECTION 8 - FUNDING EXHIBIT PROGRAM -BASED ACC NUMBER: FLO83 FIELD OFFICE, 4DPH FL083 HA DELRAY BEACH 600 N CONGRESS, SUITE 3108 DELRAY BEACH, FL 334453432 HA FISCAL YEAR -END: 03131 PROGRAM TYPE: Voucher Pmgrgm FUNDING INCREMENT FIRST DAY OF LAST DAY OF CONTRACT BUDGET NUMBER TERN! TERM TERRA AUTHORITY UNITS FLO83AF0070 11/112011 11/30/2011 1 65,207 NIA FLO83AFR411 11/1/2011 1113012011 1 3,566 WA FLO83AF0071 12/1/2011 12131/2011 1 64,885 N/A FLO83VO0121 11/1/2011 12131/2011 2 1,623,846 'lilt FLO83AF0072 111/2012 3131/2012 3 176,148 NIA FLO83VO0122 1/1/2012 3131/2012 3 2,225,077 1111 FL083AF0074 5/1!2012 5/3101012 1 23,466 N/A FLO83AFRI12 5/1/2012 5131/2012 7 204 NIA FLO83AFR511 5/1/2012 5/31/2012 1 12,012 N/A FLO83AF0073 411/2012 6/3012012 3 175,992 WA FL083VOPR11 711/2012 7/31/2012 1 11,634 WA FLO83AF0075 7/1/2012 9/3012012 3 187,0$5 WA FL08WO076 10/112012 7Oi3112012 1 62,080 NIA FLO83VO0123 4/1/2012 70/31/2012 7 7,070,3D8 7111 FL083AF0077 111112012 11/30/2012 1 62,080 WA FLO83AF0078 12/1/2012 12131/2012 x 82,080 N/A FLO83VO0124 111112012 12131!2012 2 1,348,856 lilt FLO83AF0079 1/1/2013 2/2801013 2 115,83D WA FLO83VO0125 1/1/2013 2128/2013 2 1,779,728 lilt FLO83AFOOSO 317/2013 313701013 57,915 NIA FLO83VO0128 31112013 3137/2013 t 889,864 1114 FLO83AF0081 4/1/2013 4/30/2013 1 53,639 NIA FLO83VO0127 4/112013 4/30/2013 1 783,338 lilt FLO83AFR712 5/1/2013 5/31/2013 t 11953 NIA FLO83VO0128 5/1/2013 5131/2013 1 827,846 1111 FLO83AF0082 6/1/2013 6130/2013 2 109,178 NIA FLO83VO0129 61112013 6/30/2013 1 827,848 117t FL083AF0083 7/1/2013 9130/2013 3 147,672 WA FLO63VO0130 7/7/2013 9AD/2013 3 2,453,908 1111 FLO83AF0084 1011/2013 10131/2013 1 60,080 WA FLO83VO0131 1014/2013 10/3112013 1 313.301 N/A FLO83AF0086 1111/2013 12!31/2013 2 105.982 WA FL.O83VO0132 1011/2013 12%31/2013 3 2,150,605 1111 24 CERTIFICATE OF COVERAGE ISSUED OAT: 10/1/2013 Ct)VERAGEPRoVID13i7BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGRn ENT 1+TfRMfBFX -.PK FL5 0505979 11-02 COVERAGE PERIOD: 1011/2013 TO IOnJ201412 :01 AM Limit $1,000,000 $2,500 Deductible X Public OiRcials Liability Limit $1,000,000 $2,500 Deductible % EmploymentPractfces Liability Limit $1,000,000 $2,500 Deductible X Employee Benefits Liability Limit $1,000,000 $2,500 Deductible Law Enforcement Liability Limit PROPERTY COVERAGE X Bulldiags & Personal Property Per schedule on file with $2,500 Deductible TrustLimit Nate: Sec --ge agreement for details on wind flood, and other dednaiibles. Rented, Borrowed and Leased Equipment Limit All other Inland Marine Limit Self Insured Workers' Compensation X Statutory Workers' Compensation X Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,OOt1 W Aggregate Disease AUTOMOBILE COVERAGE Automobile Liability Limit$1,000,000 $0 Deductible X All owned Specifically Described Autos • Hired Autos • Nan -Owned Autos Automobile Physical Damage • Comprehensive See Schedule for Deductible • Collision See Schedule for Deductible Hired Auto with limit of Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE;The most we will pay is further limited by the limitations set forth in Section 768,26(5), Florida Statutes (2010) or the equivalent limitations of successor lawwhich are applicable at the time of the loss. .- :.•..:::�.,�.z :-z ... ;eW.��e._.._,. - .:�,.- �����•:�: ____,..,.�.s_,$...,_. :. �.,�.. x.� � - ����- �.�:� =ter - - DeGCnplran of Operations/ Locations/ VehiclesJSpecial items Location 008 -001 616 SW 9th Street. Delray Beach FL. Location 009 -001 614 SW 6th Street Delray Beach Fl.. Location 010 -001 121411216 S4>•i 2rd Stroat Delray Beach FL, Location 010 -001 518 SW 9th Court Delray Beach FL, Location 009 -001 4505 SW 3rd Court Delray Beach FL This secrron compleredby°menrher', agent who hears complete ieaponsibdch. and habdin Joi us accurac.a This certificate is issued as a matter of information onty and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator w� CiNCM- X9CNS Public dunk UnderutritersO OEM= ANY FART Or MMABOVE DESCROxBD AGNOMq'r an cANCEULE0 BsFDRE THE ExPIRATmN DATE R O, Box OSS466 1i1REW PRET13 MWVSO &NTAi rq= PANCETRUSTW a.LEMEAVORTOMAiL40ltAYSWRn'i-of monmoR19 DAYS WPJn -M 14OTiCEPORNONPAY MM017PRFdMHAT0T11EL2itT lCA- MH0nRR Lake Mary, FL 32796 -8455 NAHMA1rOVE NUT rA um TO MAIL Wa4 Nona SHMI MWMNO UBMGATLON 0FLLLdnjM OFANr KIND UPDNT E PROaRAW, ITS AP.Mn OR REPREMMATMS. Brown dk 13mwn of Florida, Inc. P. 0. Box 491636 Leesburg, FL. 347491536 At1rx0R= REPRESENTATTVH PCTIT- CERT(11/09 ) PRICdTroRin - - -- 10 1112013 25 APPENDIX 26 Amendment Part A. Articles of Incorporation ARTYCLRS OF INCORPORATION OF DEL,RAY AFFORDARLS HOUSING GROUP, INC. The undersigned Incorporator hereby executes and acknowledges these Articles of Incorporation to form a not for profit corporation pursuant to Chapter 617 of the laws of the State of Florida. Kam of-carmrAtIon The name of this Corporation shall be DEL AY AFFORDABLE HORSING GROUP, INC. This Corporation shall have perpetual existence unless sooner dissolved by law. Section 3.1 arugles. The purposes for which this Corporation is organised are exclusively public, charitable, scientific, governmental and educational within the meaning of Section 501(c)(3) of the Internarl Revenue Code of 1986, as amended ( "the Cade "), and shall include Wall of the purposes of the Delray Reach Housing Authority within its area of operation as defined by Fjqr4da statutes, 5421, specifically including but not RIN r limited to the following, (a)providing for affordable housing opportunities (b)promoting neighborhood and community development, and (c)providing for ecoAomic development. Section 3.3 PQV rs. The Corporation shall have all of the powers of a not-for-profit corporation under Chapter 617 and 60`7 of the Florida Statutes, as amended from time to time_ The initial Members of this Corporation shall be those persons ex officio who are Board Commiesioners of the Delray Beach Housing Authority and the Executive Director of the Delray reach Housing Authority and the qualifications and manner of admission of additional. Members shall be regulated by the By -Laws of the Corporation. The initial registered agent of the Corporation shall be Dorothy Ellington and the initial registered office of the Corporation shall be 770 S.W. 12th Terrace, Delray Beach, Florida 33444. Section 6.1 This Corporation shall have eight (8) 3 28 Directors. The number of Directors may be either increased or diminished from time to time in accordance with the Bylaws but shall never be less than three (3). Section 6.2 MZMbe Z of, . The names and addresses of the initial Directors of this Corporation, who shall serve until their successors are elected or appointed and have qualified are: Dorothy Ellington 770 S.W. 12th Terrace Delray Beach, FL 33444 Thomas Carney, Jr. 811 George Bush Boulevard Delray Beach, FL 33483 Alfred Etienne 7575 N. Stiling Bridge Boulevard Delray Beach, FL 33444 Angela D. Randolph 1323 Prospect Street Delray Beach, FL 33444 Dawn Guzzetta 106 Basin Drive Delray Beach, FL 33483 Dr. Morris Weinman 13850 Via Tivoli Delray Beach, FL 33445 Yvonne Wilson 1200 Southwest 7th Street #F -20 Delray Beach, FL 33444 Joseph Bernadel 95 N.E. First Avenue Delray Beach, FL 33444 3 29 Section 6.3 IXCI, = Directors shall be elected in accordance with the Bylaws of this Corporation. LRTZCWL-XU Za2QXRQ== The name and address of the incorporator is Dorothy Ellington, c/o Delray Reach Housing Authority, 770 S.W. 12th Terrace, Delray Beach, Florida 33444. Op This Corporation shall be organized and operated as a not for profit corporation, on a nonstock basis. Section 9.1. No part of the net earnings of this Corporation shall inure to the benefit of, or be distributable to, its members, directors, trustees, officers, or other private persons, except that this Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article rZI hereof. Section 9.2. No substantial part of the activities of this Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation. This Corporation shall not 4 I participate in, or intervene in (including by the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Section 9.3. Notwithstanding any other provision of these Articles, this Corporation shall not carry on any other activities not permitted to be carried on by (a)a corporation exempt from Federal Income Tax under Section 501 (c)(3) of the Code or the corresponding provisions of any future United States Internal Revenue Law or Wan entity or a corporation contributions to which are deductible under Sections 170(cr)(1) or (2) of the Cade or any other corresponding provisions of any future United State Internal Revenue Law, AZZLQUILA If the Corporation is dissolved, any residual assets of this Corporation will be distributed for one or more exempt purpose or purposes specified in Section 501(c)(3) of the Code or corresponding sections of any future Internal Revenue Law of the United States, or the Authority, or to the Federal, or the Florida State, or 'Local government for exclusively public purposes. Subject to the foregoing, if the Corporation is dissolved, any residual assets of this Corporation will be distributed to a public corporation whose purpose includes the provision of affordable housing in Delray Beach, Florida, or to an entity qualifying under E 31 Sections 170 (c) (1) or (2) of the Code. Every Director and every officer of the Corporation shall be indemnified by this Corporation to the full extent permitted by law against all expenses and liabilities, including attorneys fees in trial and appellate proceedings or any settlement thereof, reasonably incurred by or imposed upon him in connection with any proceeding to which be may be a party, or in which he may become involved, by reason of his being or having been a Director or officer of this Corporation, whether or not he is a Director or officer at the time such expenses are incurred, unless the liability of the Director or officer in question is adjudged by decision of a court of competent jurisdiction to result from the gross negligence or willful misconduct of such officer or Director in the performance of his duties; provided, however, that in the event of a settlement, the indemnification herein shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interest of this Corporation. The foregoing right of indemnification shall be in addition to and shall not be exclusive of all other rights to which said Director or officer may be entitled. 6 32 t at These Articles of Incorporation may be amended in accordance with the Florida Not For Profit Corporation Act, as amended. IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation, this day of May, 2003. .. Dorothy lington, Sole Incorporator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of May, 2003, before me, by Dorothy Ellington, who is ersonall known to me or who has produced as identification, and who did not take an oath- MOTAW LBW - K'VQVV'VFl0i01 M11"M TII1I1 PAMvI (SEAL) 7 Print Name: dvr� Notary Public Commission Expires. Commission No.: ))yj 11 r Vol 33 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OR PROCESS WITHIN FLORIDA, NAMING AGENT UPON 'WHOM PROCESS MAY BE SERVED. IN COMPLIANCE WITH SEC'T'ION 48.091, FLORIDA STATUTES, THE FOLLOWING Is SUBMITTED. FIRST - -THAT THE DELRAY AFFORDABLE HOUSING GROUP, INC. WITH ITS PRINCIPAL PLACE OF BUSINESS AT 770 S.W. 12th Terrace, Delray Beach, Florida 33444, HAS NAMED DOROTHY ELLINGTON LOCATED AT 770 S.W. 12th Terrace, Delray Beach, Florida 33444 AS ITS AGENT TO ACCEPT SERVICE OF PROCESS WITHIN FLORID . Signature. TITLE: Sole Incorporator DATE :e._.a. Having been named to accept service of process for the above stated Corporation, at the place designated in this certificate, I hereby agree to act in this capacity, and I further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties. SIGNATURE: C�411�q Registered Agent DATE: Maw 200 3 8 34 Amendment Part B — IRS Determination Letter SAL RRV8WW sMV.Teg P -•a- B=,250e C1XC:EMM TT, OR 45201 Date: WUL 11 2000 DBLRAY MISX93 GROUP rNC 500 N comanso Avg an 310 -8 DBIRAY BEACH, FL 33445 -3464 Dear Applicants DEPARTMMT OF THE TRRASURY Paployar Identification Nimbero 03- 0526635 DL'Nf: 1705318072,069 Contact Persona BRAMM KR886 ID# 31072 Contact Telephone .Number: (877) a29 -5500 Public Charity Statue 170 (b) (1) (A) (vi) OUr letter dated May 3004, stated you would be -exempt from Federal Income tax under section 502 (c) (3) of the inte=a�. Revenue Code, and you �vouid be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a publia charity uridex the Code creation listed in the heading of this letter. since your exeWt status m" not under oonaideration, you continue to be classified as .a acisat'c4 e"mpt fr m Federal income tax under section 801(o) C3j of the Publ:.catiOn 557, Taz-ZKmPt status for Yoisr Organisation, provides detailed infoxanatiou about your rights end rea�sibilities an air exempt organization. You may request a copy by calling the toll -free numkor for forme, (sob) 829 -367b, information is Ailso available on our Xnternet gab site at wraw- irs . gov. V YOU have general questions about exempt organizations, please can our toll -free number shovm in the heading. Pleaise keep this letter in your Permanent records. sincerely yours', a Cho ' 'Dii ector, ' Rxempt organizations Rulings and Adreewmts !Ala i .....,,.................�wf Letter 1050 (Da /Cxo) 35 Ametxdment Part C Farm goo ill Wrn of Organization Exempt From Income Tax Wa No. 16 5-01MT Und" D"Hoan ai01M, r$7. er 41MA f) oa gm httrrml Revenn 0"s daao W bb* lures 2 C 12 Diperdrnent afsre rrr..ry t t� or arfrea terarda lon) . , . . n0irnei Gi�lmue Bender 10 The arpWdaetlon nw have to use a MW of the rtitL9" 1b0 ai WV XM& RMrdna Clwl ibL A For be 5012 aWi B Cbmk.Ofappa=Nac ❑ Add drenpe © Name dunp ❑ Inft mWm ❑ T&m1neted ❑ Amended M. ❑ Appikoom phew ► None K Form i Number end Bred for P.C. bou It and le read daGrered to eroroet eMMW Rwwn ftft rt WE M Ave 201 Qq, twin ar Port CMM mite, mW ZiP Wde Nerve end sMrd of p►i! W o4 .. tine ae above 1 Briefly describe the zation "a mission or most aignocant 7rrarrt and be a raft for seed sar and asses nranenament. g Ctreck ttrls bax�� OI the 8i Sri is b ft"Aw idNaffinothm rumba E Tdephane mdnhw a Grave ffiwf ss s W"03 AProdded iflpD Itho m1po efrrrgerr ❑Yee -0 —He HM Are ed WMa n Nroludad4 Ely" ❑fie ar M'tla,' attach r Get Qew hadnrwtlone] Np0 rarrnber s L Year of ftne m . 20@3 ii @rate of kW dcanW%- FIB V*A: TO vide �tfardabtc houSN w......_.. Relit —. thi W h respanslbie lea dn!h , Oro On dis Onarwed IM opemtlorre or dispo - -- - .� a Number of voting members of the govsmlrq body (Part Vl, Sno 1a) . . . . 4 Number of independent vuft members of the gowning body (Part M. line i 5 Total number of Individuals employed In calendar year 2012 (Pert V, fine gal) 6 Total numborof volunteera (estimate if nooesaary) . . . . . . . . . 7A Total unrelated business revenue from Palm V111, eollarr>tf n line 12 , . . b Not unrelated business taxable Income from Form 990-T, k o 34 8 Contrlbutlons and grants (Part Val, The 1 h) . . . . . . . . . . . 9 Program aenfioe ravens (Part VIII, line 2g) . . 10 Investment income {Pali Vill, column (A), Ilnw 3, 4, and 7d) 11 Other rrianue (Pert 11111, column (A), lines S. fad, Bo, go,1 Oc, and 11 e) . 19 Total revemm -.-add Imes B through 1 i (must equal Part WII, column (i ), line 1 13 Grants and similar amounts paid (Part IX, column (A). lines 14 Bom is paid to or for members (Pert IX, column K 1hre 4) 15 Salaries, other campenestian, employee benefr6s (Part IX, column (A), lines 5-10) 18a Prolbssloreel fundrelcing fees (Part K column (A), lines 11e) . . . . . . b Total fundraising expenses (Pert K column (m), line M i► ..`- o 17 Other expenses (Part K column (A), lines 11 e-11d,1 i� -249) 19 Total expenses, Add lines 13-17 (must equal Part K eduim (A), line 25) 19 Revenue lass rises. Subtraot line 18 from line 12 b 220 Total assata (Part), line 16) . . . . . . . . . . . . . . . . 21 Total liabilities (Part K line 26) . r 22 Not assefa or fund balances. Gubtnoct Gns 21 from line 20 . . . . . . cad of mare Oren 25'X1 of Its net excels. • S a �) d 7 7s O 7b 0 . •Pdorye Cunur dyew za>',1a6 u 131,664 885,OD3 01 14,239 0 35BA201 849,342 0 0 o c 155,934 63,606 i 78 859 166,692 1 3281393 1911966 20,949 WkW4 of Oanent Year r nd of Yew 75 AU 783,888 W&.MGL 314AGS 44827 469,225 Under PW6ff r of pe". I declmr that 1 here eommined tide re%M Inwiud g O=Mpw*W Wd*duba and Wan te, ertd to the tsert of In^ correct, end mnsdeer. Declmailm of prepuer {otFw then Oleom} la baled pn a1 Irrrarmagarl df Krfddti my Www1 k end belief, It IB _ _ _ _ praPmrhmrrrgrlmoWed6e. ftn l rr�a f Ham 1 iec.,r Prev c4ej 1.3 Paid rf#W1 Pe prepwWs nmero Preriersr's slyrrature chink If Un Only flnn's mere ► Fine's FJN For Paperwork Reduction Act Noises, am the . bWWaftne. - LJ m na ��� � No. t t�B2Y Form fil9fa C2012) 91 Under PW6ff r of pe". I declmr that 1 here eommined tide re%M Inwiud g O=Mpw*W Wd*duba and Wan te, ertd to the tsert of In^ correct, end mnsdeer. Declmailm of prepuer {otFw then Oleom} la baled pn a1 Irrrarmagarl df Krfddti my Www1 k end belief, It IB _ _ _ _ praPmrhmrrrgrlmoWed6e. ftn l rr�a f Ham 1 iec.,r Prev c4ej 1.3 Paid rf#W1 Pe prepwWs nmero Preriersr's slyrrature chink If Un Only flnn's mere ► Fine's FJN For Paperwork Reduction Act Noises, am the . bWWaftne. - LJ m na ��� � No. t t�B2Y Form fil9fa C2012) 91 49 3 -eV� e- 5 5- Fofm NO (1012) At"mOnt Of Program SaIrvice ACCOMplishmainft — Psw2 Check It Schedule 0 corrtains, a response to pa gumflon in this Pad III . . . . . . . . . . . . . . 21 I Sdetly describe the organlWon's m1salon; To Provkfe aftrdable h ±JMWW M ecoriornic developmem and be a a�.T �wjur@y zjqj j2��. gm..2!e R�r dership, partnerships u, collaboration and sound asset mMUK .—M-- . ... . ...... . . 9 Md the organhallon undertake arry significard program swvlow during the year which ware not bled on the Prior Form 900 or QQD-EZ7 . . . . . . . . . . . . . . . . . . . . . . . . El you El No If 'You," describe these now serview on SchwMe 0. 5 Did the organization aeass, condwft, or make signIficent changes in how K conduct, any program services? . I . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . 0 You 21 No N mYea," describe these changes an Schedule Q. 4 Describe the organization's program MADO a000MPUshments for ewh of its three Wpost program services, as measured by OxPem-Aw. Section 501 (0)(3) and 501 (0)(4) organketions we mquhW to report the amount of grants and allocations to othwa, the total expenses, and revenue, It any, for each program serves reported. 42 (Code: 167,762 Inaluefifto 9Mft of (Revenue $ Tim Wray Houstrig Gro C9nVnuAsftMWOn CPr&AdO5ffOrdablehM1!N-.S�!�,.!h MI!hdkddual houses sad dE lexeE wi4 mom 'W - p 2L_ _ ­ _n��Iotfil of 32 rentable units. In addition, the ONG bw partnered �ed wj;W Roundstwo IDeyelc Pnwft Sr sTRevitaftmiloriftJod. Th!!prqeqwdll rouldebalalderlyunits,1"roultilang!Y build ft V!!!qL_q .. L p units and 24 sinale ftwdIv and UUIAMx Urr 4h (Code:) Fmpenws InclUdIng grants of $­ ) 4c (Gode,­­­ zxpenses Including grants of ­) (r ­­ ............ (Revenue 4d Mew Program services Peacribe In Schedule 0.) (Expenses $ Including graft of $ (ftmnue 4a T*W- pmgram service exW88-8 -1� 37 Form 200 (2012) Ohecklist of ELeguired Scheduhn pagn Yes lie 1 is the organization described In section 601(c)(3) or 4947(a)(1) (other than a private foundation)7 N'Yes," cnMpbfe Schedule A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 la the organization required to complete Sch&hda 8, Schedule of contr&1tam (see Instructions)? . X 3 Did the organization engage In direct or Indirect political campaign a0vitiss on behalf of or In opposltlon to candidates for public offoe? If %'in, "complete Schedule C pert I . . . . . . . . . . . . . . 3 w 4 Sectl«m 501(cM* argarrizaions. Did the organization engage In lobbying activities, or have a section 501(h) electlon in pffact during the tax year? If aft" complete Schedule C, Part II . . . . . . . . . . . 4 6 Is the organization a erection 501(c)(4), 501(c)(6), or 501(c)(0) organization that mmmlvas membership dues, assessments, or similar amounts as ddkmd In Revenue Procedure 88 -111x1 If "Yes,' complete Slrahedule C Pert Ill . . . . . . . . . � 6 Did the organration maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounte In such funds or accounts? If "Yoe,' complete Schedule D, Part f . . . . . . . . . . . . . . . . . . . . . . . . 6 Ge 7 Did the organization receive or hold a conservation easement, Including easements to preserve open space, the emilronmerd, historic land areas, or historic structures? Y `Yea," complete Schadub Q Part h . . . 7 of 0 Did the organization maintain collections of works of art, historical treasures, or other similar assets7 If des:' completer Schedule a Part 111 . . . . . . . . . . . . . . . . . . . . . . . . . . e 6 Did ttte organization report an amount In Part X, One 21, for escrow or custodial account liability, serve as a ousWdran for amounts not listed In Part X. or provide credit counseling, debt marcagemenk credit repair, or debt negotiation services? If "Yes,' complete Schedule D, Plait IV . . . . . . . . . . . . 9 ✓ 10 Did the organfza'tion, directly or through a related organization, hold assets In temporarily restricted endowrmettts, parrreanent endowments, or quasi- endowmente? tf'Yaa," compkde Schenk* a Part V 10 11 if the organizatlon's answer to any of the following questions Is "Yes," then complete Schedule D, Parts Vl, ML Vlll, M or X as applicable. Did the orgarrizzatlon report an amount for land, buildings, and equfpmem in Part 7( line 10? if 'Yes," Complete SdatfUle D, Part W . . . . . . . . . . . . . . . . . . . . . . . . . 11a � b Did the organization report an amount for investments —other securities in Part X, line 12 that Is 6% or more of its total assets reporter in Part X, rune 16? If "Yes," cumtpb a Schedule D. Part VII . . . . . . . 11b IGO c Did the organization re port an amount for Investments- Wpr+agrbm related In Part X, line 13 that is 696 or more of its total assets reported in Part X, fine 182 If'Yes,' complete Schedule D, Part VIII . . . . . . . . 11e d lid the organization report an amount for other assets In Part X, line 16 that is 6% or mote of Its total assets reported in Pmt X, line 16? N "Yes," complete Schedule D. Part1X . . . . . . . . . . . . . . lid d e Did the organization report an amount for other liabiiftles In Part X, Fine 267 If "Yes," complete 5dractu1e D, Part K tie f Did the organization's separate or consolidated financial statements for the tart year Include a footnote that addresses the organization's liability for uncertain tax positions under PIN 46 (ABC 740)7 IFTM' complete Schedule D, Pars X . 111F 12a Did the organization obtain separate, Independent audited financial statements for the tart years if mft, I oomplete Schedule Q, Flo JfI and Jai . . . . . . . . . . . . . . . . . . . . 129 � h Was the organization Included ire consolidated. Independent audited tinaraial statemr for the tax year? if 'Yea," and It Um algMbeft answared "No" to fins 14 Own con*bft Sdredule D, Farts U and Xfll is aptranal . . . . . . . � 1 fhb 13 Is the organization a school described In section 170(bX1)MI)7 if "Yes, "complete Schedule E 1$ IV 14a Did the organization Maintain an office, employees, or agtrnte outside of the United Slates? . . 14a v b Did the organization have aggregate revenues or expenses of more than $10,000 from granimakftV. fundraiaing, business, Irneatmerd. and program service 20MOS outside the Unitcd States, or aggregate foreign investments valued at $100,000 or more? If Tea," complete Schedule F, Peril 1 and IV. . . . . 1411b ie ib bid the organization report on Para K column (A), line 3, more than $6,000 of grants or assistance to any organization or entity located outside the United States? If "Yee,' corraplc a Schedule F, parts Band IV . . 1S � 16 Did the organization report on Part IX, column V4, One 3, morn than $SAW of aggregate grants or assistance to Individuals located ot,rrside the United States? n "Yes,' 0094 *18 Schedule F, Parts 111 and IV . . . , 16 � 17 Did the organization report a total of more than $15.000 of expenses for professional fundraising services on Part K column (A), Fines Band 118? If 'Yes," complete Schedule Q, PW I (see kabr oWne) . . . . . 17 .r 18 Did the organization report move than $15,000 total of fundraising evens gross Income and contributions on Part Vill, iinms 1 c and Ba7 l<'Yes,' complete Schedule G, Pert # . . . . . . . . . . . . . . . 18 d 18 Did the organization report more than $1 6,000 of gross income from gaming scowhies on Part VIII, line 6a? >f'Yea, "compbfla Schedule 0, Part II► . . . . . . . . . . . . . . . . . . . . . . . 1ii ✓ 20a Did the organization aperr a one or more hospital facilities? If'Yes,' complete Schedule H . . . . . . 2 b If 'Yee to One 20a did the, orparkdon attach a RM of its audited frnanofal statements to this retum? 20b rr Farm f�0 itef� 38 Form 690 (2012) Pegs OME GhOcNlhtit of uired Schadulas cunt felted Yee No 21 Did the organization rOPd move than $5,000 of gram and other assistance to any government or organization In the United Mates on Pare Ix, column K Una 17 If `f", `comphde Sch�sdule 1, Parts 1 and II 21 Ge 22 Did t1he oganization report more than X5,000 of grants and other assistance to individuals In the United Std on Part IX, odumn (A), lime try If 1W Complete Schedule I, FWft 1 and N . . . . . . . . . . . . d 28 Did the organ�tion answer "Yee to Part VII, Section A, Ans 3, 4, or 5 about compensation of the - organization's current and former offcans, directors, trustees, key employees, and highest compensated employees7 p eYes,' complete Schsduk J . . . . . . . . . . . . . . . . . . . . . . 28 2ft Did the organization have a tax -ewnpt bond Issue with an outstanding principal amount of more than $100,ODO as of the fast day of the year, that was issued after December 31, 2002? If Oft "answer Enos 2415 through 24d and completes Schedule X Af ft, `pro to No 25 . . . . . . . . . . . . . . . . Is tax-exempt Did the organization Invest arty proceeds of bonds beyond a temporary period exaepSson? . . 29th c Dirt the organization maintain an escrow account other than a refunding escrow at any time during the year to deftwse a ny tax - exempt bonds? . . . . . . . . . . . . . . . . . . . . . . . . 2� v d Did the organization act as an "on behalf of" issuer for bonds outstanding at any time du ft the yearl . 24d d 25a Seadon 501(c)(3) and 501 (c)(4) tea, did the organization engage In an execs benefit transaction with a disqualllled person during the year? If "Yehr," compliate Schedule L, Part] . . WIN � b Is if'te organization awash that it engaged In an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported an any of the organtimMon's prior Forms 890 or 990 -tZ? If "Yes,"complete Schedule L, #dart l . . . . . . . . . . . . . . . . . . . . . . . . � 20 was a Inn to or by a current or fomher oflfeer, director, t ustee, key en�loyse, highest compensated empkp*, or disqualified person outstanding as of the end of the organization`s tax yeag p'Yes,"oont date Schedule L, Part ff. . . 2e v 27 Did the organization provide a grant or other asslstsnce to an ofBe:er, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% c onVoI ed entity or fancily member of any of these persons? If '°Yes, `complete Schedule L, Part III . . . . . . . 27 d" Wes the organization a party to a business transaction with one of the following parties (see Schedules 1, 77 Part N Instructions for applicable filing thresholds, cohditiorm6 and exceptions): a A cum* or former of m. director, ttstmtee, or key employee? !f `Yes, '° c mpJefe Schedule L, Pert IV 28a : - Y +o b A family member of a currant or former officer, director, trustee, or key employee? If "t'w," complete Schedule L, Part IV . . . . . . . . . . . . . . . . . . . . 25b ar c An enttly of which a current or former officer, director, trustee, or lacy employee (or it family member thersof) was an officer, d1reator, trustee, or direct or indirect owner? If "Yes,° Comp►ets Schedule L, Part IV . . . 280 6e 20 Did the orgarkation receive more than $25,000 in non -cash contributions? if `Yes,"compho SchWule M 29 .� Did the organization receive contributions of art, histortesal treasures, or other similar assets, or qualified conswvatlon contributions? If "Yes,* complete Schedule M . . . . . . . . . . . . . . . . 30 31 Did the organization liquidate, terminate, or dissolve and cesse operations? If "Yes,' complete Schedule N, part. . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . 21 s' 32 Did the organization Sol, exchange, dispose of, or transfer roars then 26% of its not assets? If 'Yes," complete Schedule N, Pert 11 . . . . . . . . . . . . . . . . . . . . . . . . . 35 Did the organization own 190% of an entity disregarded as separate from the organization under Regulations sections 501.7701 -2 and 501.7701 -3? If "Yes,° complete Schedule R, Pal I . . . . . . . . . _ . 38 34 Was the organization related to any tax-exempt or taxable entity? if °Yves," complete Schedule R, Pert 11, Ill, or IV, and Part V, Mo i . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Srm Did the organization hm.-- a controlled entity within", mesning Gf section 512(b)(13)? . la r, b If 'Yee' to line 35a, did the organization naive any payment from or engage In any transaction with a controlled entity vwlthln the meaning of section 5112(b)03)? If 'Yes, °complete Schedule R, Part X Akre 2. . 35b r 36 Seclfan 501(er)(3} cangankatlons. Did the organization make any trarnsfers to an exempt non - charitable related organization? If "Yeas, "compiM* Sch dufs R, part V, Nne 2 . . . . . . . . . . . . . . d 37 Did the organization conduct more than 6 % of its activities through an entity that Is not a related organization and that Is trheAW aea a peftnership for federal income tex purposes? If "Yes," complete Schedule R ParttR . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . S7 33 Did the organization complete Sohe:dule 0 and provide explanations in Schedule 0 for Part VI, liras 11 b and 18? Note. All Form 990 filers are required to complete Schedule O . . t 28 r Form (sett 39 fun W (2014 page 6 rre R"grd)ng 00w IRS Filings an—a Tax Compgance Check if Schedule.® contains a reap2nes to any question In this Part V , E Y No 19 Ender the number reported In Box 3 of Form 1096. Enter -0- if not applicable 1 a t3 ' b Enter the number of Forms W -2e Included In line Ia. r -l- If not applicable. . 11b N. a Did the organization comply with backup withholding ndes for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? . . . . . . . . _ . 1a 2a Enter the number of employees reported on Fora W-3, Transmittal of Wage and Tax Statements, tiled for the calendar year ending with or within the year covered by this m 4urn ` r' b If at least one Is reported on line 2a, did the organization tt all required federal employment taps returns? 2b Note. If the sum of lines la and 2a Is greater than 250, you maybe required to ® -1de (rte instructions ) Did the organization have unmated business grow income of $1,000 or more during the yeah . 36 r b If " Yes," has It filed a Form 990-T for this year? If Woe' prevNe an explert Won In 3aWufe Q . . . . . 3h 4a At any time during the calendar year, did the organization have an Interest In, or a signatr� or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b It "Yes,° enter the name of the foreign country: ► See InsWoWns for filing requirements for Farm TD F 9D W.'1, Fnanciel MOM r Report of Foreign Bank end Accoun .-- .6a µ . . 5a Was the organization a party to a prohibited tax shelter° transaction at any time during the tax year? . . Oe b Did any tare party, nstlrythe organization that It was or Is a party to a prohibited tax shelter transaction? nib c It "Yee to line 5a or 6b, did the organization file Farm 9886 -T? . . . . . . . , Go On Dow the organization have annual gross receipts that are normally grater than $10O,D00, and did the organization solicit any contributions that were not tax deductible as charitable contributions? . . Op b N "Yes,' did the organization Include with every solicitation an express statement that such contributions or gifts were not tax deductible? . . . . . . . . . . . . . . . . . . . . . . . . . . 6b 7 Organlko&m #hat may recap deductible contributions under swoon 170(c). r a Did the organization receive a payment In excess of $75 made partly as a contribution and partly for goods and services provided to the payer? . . 7 r b If "Yes,' did the organQation notify the donor of the value of the goods or services provided? . . . . . 7b a Did the orgarnzzation sell, exchange, or othermse dispose of tangible personal property for which it was required to file Form 8282? . . . . . . . . . . . . . . . . . . . . . . . . 79 r/ A If "Yes," Indicate the number of Forms 8282 filed during the year . . 7d a e Did the organization reaeive any funds, directly or indirectly, to pay premiums an a personal benefit contract? 7e �✓ f Did the organization. during the year. pay premiums, directly or Indirectly, an a personal benefrt contract? . 7f ✓ g It the organization received a OwMbutlon of qualified Intellectual property, did the organization file Form 8699 as required? 7 so h Ifft organirstion received a contrilmillon of cars, boats, ritrplanes, or other vehides, did the organlaWon the Form 'I09B-G? 71h re B Sponsoring organisations rmairrbtfning donor advtW funds and swoon 60%a)(3) supporting j organizations. Did the supporting organization, or a donor advised fund maintained by a sponsoring organization, have excess business holdings at any time during the year? . . . . . . . . . a 8 �► 9 Sponsoring organkedons imsirrtolniing danar advised funds. a laid the organization make any taxable distributions under section 49W? . . . . b Did the organization make a distribution to a donor, donor advisor, or related person? fb v 10 Seciort OW(c)(7) organfzatlons. Enter - a Initiation flees and capital contributions Included on pert Pill, line 12 . . . . . . . Ica b Grose recelpth, Included on Form 990, Part Yllt, line 12, for public um of club facititias Lift 11 Section 501(a)(11Q organhusdons. Enter: a Groan Income from members or shareholders . . . . . . . . . 11a h Gross income from other sources (Do not net amounts due or paid to other scores agairmt amounts due or received from them.) . . . . . . . . . . . . 11,b k , 12a Section 4847(a)(1) non - exempt charitable trusts. Is the orgenftUon filing Form 990 In lieu of Form 1041 ? 1� b If "Yea,' enter the amount of tax- exempt Interest received or accrued during the yoar. . 120 18 Section 501(a)CM quor'died nanprallit halth irtsrrran+ce tssuars. a Is the organization licensed to Issue qualified health plans in more than one state? . . . . . . 13o Note. Seer the Instructions for additional information the organization must report an Schedule b. b tauter the amount of reserves the organization Is required ta maintain by the states In which the organization is licensed to Issue qualified health plans . . . . . . . . . . 111b c Enter the amount of reserves an harm . . . . . . . . 1f 14a slid lbe organization receive any payments for Indoor tanning services during the tax year? . . . . . . 1+itr ✓ t7_ If "Yes.' has It filed a Form 720.to report them payments? If "ft m Arcvide an a =kMafron In Schedule C . 1Ah Form MU (2012) 40 Form ON (2012) Pages i0vertlant ligament and 5WIoaure For aach ""F'SS" itSponse fd linen 2 drrough 7b below, and for a . r nAvorrss t0 A70 8e, 8b, ar 10b below, d 4be fire Ocumat mm, per, or changes In Schedule 01 Sea frrstructfons. _ Check if Schedule D contolne a reanonse to anv cumHon In this Parr HI - - - M Yes Is Enter the number of voting merge of the governing body at the end of the tau year. It them arm materiat differences In voting rights among member$ of to governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain in Schedule a. Ica, Pr b 2 3 Enter the number of voting members Included In lira 1% above, who are independent 1b g Did any officer, director, truaies, or key employee have a family relationship or a busiross relationship with any other officer, director, truates, or key employee? . . . . . . . . . . . . . . . . . . Did the orgarftgan delegate Control over management duties customarily performed by or under the direct " g ' 10b 4 6- S 7a b S a is S supervision of officers, directors, or trtess, or key employees to a management cmnpsny or other person? . Did the organization make any significant chgnge:r to its governing documern shore the prior Form 990 was fllad? DId the organization become swats during the yaw of a significant diversion of the organization's assets? . Did the orMization have members or skmMolders? . . Did the organization have members. Stockholders, or o1 w persons who had the power to elect or appoint one or more member of the governing body? . . . . . . . . . . . . . . . . . . . . Are arty governance decisions of the organization reserved to (or subject to approval by) nrerrsbars, stockholders, or persons other than the governing body? . Did the organization contemporaneously document the msetings held or written actions undertaken during the year by the following: The governing body! . . . . . . . . . . . . . . . . . . Each corn mittee vft authority to act on behalf of the governing body? . . . , . . . . . 18 there any officer, director, trustee, or key employee listed In Part VII, SWI*n A. who cannot be reaches" at the organization's mailing address? N'Ves,' pmvkle the na mes surd addresses in Schedule 0. . i ✓ 4 ✓ S ✓ 8 ✓ 7a 74 � � ; r. 5. ps' v 8b ✓ Fe ✓ 10a b Did the organization have local deters, branches, or offiiistae? . . . . . If 'Yes,' did the organization have written policies and procedures governing the activities of such chapters, Ica, Pr 11s b 12a b c 13 14 1S affiliates, and branches to ensure their operations are consistent with the organizations exempt purposes? Has the organization prawdsd a complete Copy of this Form 990 to all members of tie governing body Dore fliing the form ?, Denodbe In Schedule O the procar,, If any, used by the organization to review this Form 890. Did the organization have a written conflict of Intemst policy! if Y1lay' go to/ rna f8 . Were officers, directors, or busleea, and key empicsyesa required to dlacloes annually Interacts that could give rtes to conillcre? Did the organization regularly and consistently monitor and enforce compliance with the policy? if tff 'Yes,' describe In Schedule U hour k was done . . . . . . . . . . . . . . . . . . . . . Did the organizaton hava a written whlstlablower policy? . . . . . . . . . . . . . . . . . Did the organization have a written document retention and destnrotion policy? . Did the prop 'f'or' determining compensation of the following persons Include a ; ew and approval by Independent persons, comparability data, and contemporaneous substantiation of the deliberation and deofslon7 10b 11 a to t2a ' , �r 12b 1ft 13 ✓ 14 v, a b 10a b W=Hnn The arganizetion's CEO, Executive Director, or top management official . Other officers or key employeas of the organization . . . . . . . . . . . . . . If "Yes' to line 15a or IM describe the process in Schedule 0 (see Instructions). . Did the organzation Invest in, contribute assets to, or participate In a joint venture or similar arrangement with a taxable entity during the your? . . . . . . . . . . . . . . . . . . . . . . . . K 'Yes' did the organization follow a written policy or procedure requiring the organization to evaluate Its participation In joint venture arrangements under applicable federal tax law, and take safopuard the organlzatiorys exempt status with respect to such arrangements? � b to _ 1 1minaurs . 15a 16b rr l 11� ✓ 1� ✓ i7 Ust the states with which a copy of this Form 990 is required to be tiled � None _ 16 Section 8104 requires an organization to make Its Forms 1029 (or 1024 M appecdile), 890, end 9i30 T (Section 5o1(c)(3)s only) available for public inspection. indicate how you made these available. Check all that apply. 11 Own webelto ❑ Anothws website [Q Upon request ❑ Other *Wkdn In Schedulle a) 19 Describe In Schedule 0 whether (and If so, ho", the organization made he governing dnoumenis, conflict of Mare# policy, and financial statements available to the public during the tax year. 20 State the name, physical address, and telephone dumber of the person who possesses the boolts and records of the organization: I► peroth Elllnqm, President a CEO D-!2LHoushy Group, Inc. 701 SE 6th dive Delray Seach FL 33493 661- 272.6766 Four, filg0 ratrltn 41 s r Form 990 (2012) Pat® Co action ®f of eem Direct=, Trustees, e— E6irlployaees, liipheet campensaw Ernplo 2trn Independent ContracUm Check if Schedule O contains a rmnnnea fee anv e~o,earnn In Ohre Darpt Inn organization's tax year. -- _... -- - -_ ___..__ _._ _._.,,� .. ,.. ...w • U61; all of the organization's current officers, directors, trustees (whether Individuals or orgalniziWons), reprdlew of amount of compensation. Enter -a- In-columns (D), (El, and (9 if no cornpensWon was paid, • List all of the organization's key employ , d any. See instm wdons for de firittion of `key employee." * List the organization's five mtrrtent highest compensated employses (other than an officer, director, trustee, or key employee) who received reportable compensation (Sox 5 of Form IAI.2 aodkw Box 7 of porm 1ogg-MISC) of more than 11100,000 fm m the organlzation and any related organizations. e List all of the organization`s$ forger officers, key employees, and highest compensated employees who received more ftn 1 ao.©Oo of reportable compensation from the organization and any related organizations. e List all of the organization`s forrner dftotom or trustoss that recehod, its tt16 capacity as a former di rotor or trustee of the organimllon. more than $10,000 of reportable compensation from the orgrinizatlon and any relaters organizations. Liam persons In the following order: Individual trusten or directors; Institutional trustees; ofiit.arg; key employees; highest compeneste d empioyses; and famier such person& ® Check We box It neitherthe amanization ner ariv Wwkwf mmnn1y =4rnn rq%MnAMCaft#AUf �.,.. ,..... ..sx.�..ar. �.m. _a .� Chairman unvr Zr (pi Fbalifon Maw and T1Ue idm hot ohs* mom Owl are b^ unless peroon Is had, sn hours and e week G hourainr Sylvia Harris . rusted other Director resscad Mm Shy Relralls � m beloW d0had Z ✓ Guam Sims line) director � orgarlizfions Chairman unvr Zr C_:rriswl diver FtsporQahie Etslinetad Ownpormallcm oompshrratlon from Mount or Sylvia Harris . rusted other Director Mm Shy Relralls Iw- 2/tWlP 14lMq from the Wredor Z ✓ Guam Sims end related director orgarlizfions Director - -T_ .26 _1 P1 Form VW (2012) 42 Plapoltnhle FtsporQahie Etslinetad Ownpormallcm oompshrratlon from Mount or trom rusted other Mm argent Iw- 2/tWlP 14lMq from the V-M c7 om mA atlon end related orgarlizfions Form VW (2012) 42 03' r -6- Form s3uoat2j Pages Key Empl"em, aw nhest CSm Dw*ded E OV P PQ POOM (do no dam* Mrs than wo Name and Me AMP bm w6a pawn Ic bolki an Repwtablik NOCKRUG EMMUd h*" POr Aw and a dh=WOburt* c=PGnBdOn bohVviedon km WW=d of meak IM any related altm hot"f1w a, omenkaftrm "MPOnMOM Nkbd MMbWQn "Me-MMQ ftm the WO&AGM OWbMUM bobw daftd and tabled Ilned Ll 07) .. . ......... --------- ---- ni -------------- - ----- PJ . ......... — ---- 2q-- – ------ – 1b Sub-toul . . . . . . . . . . . . . . . . . . . . . 106,809 71275 c TOW fr*M 00"UnIA&VOR 61166ft to Part V111, Section A d Total (add limas lb and 10) . . . . . . . . . . . . . . . 106,809 7,276 Total number of Individuals (Inclwfing but not limited to those fisted above) who received more than $1 Q0,DOO of reportable compensation from the organization � 1 lye& No 3 Did the wganizedon IISI any fbFM4r officer. director, or trustee. key employee, or highest compensated employee on line 1 a? ff NYeaz compkft Schedule j jhrsuch indh"jal . . . . . . . . . . . . 4 For any Individual listed on Ina la, Is the sum of reportable compensation and other compensation fmrn the organization and related organization greater than $150,000? It *Yes.' complete Solmduls J for wmh indAdduat . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Did any person listed on line 18 receive or socrue aumpensmflon from any unreisted orgimEzatlun or IndMduw for services rendered to the organization? N 'Yes, I complete schsd1jis J far such person . . Wagon S. Ind endent Gontirmtom A, I Complete this table for your flve highest compoamited Independent contractora that received more than $1 0(4()00 of compensation from the oWnization. Repoli compumflon for the calendar ym ending with or within the orgaribmIlan's tax year. Name and bmamw addraw DmrripUon of awvkm Oomparlwflw Total number of independent conhwors (Including but not limited to those Hated above) who received more than $100,000 of compensation from the o4zation OW C2012) 43 Form 090 (2012) pop tom evens Check If Schedule C contains a response to any question In this Part Viii, 432000 and other similar amount) . . . . , . 111.' 4 Income from Inve went of to -e npt bond ptooWs III 5 loyaiues . . . . . . . . D, Be 'n Pede&d Campaigns a 1s c b Membership dues ib 78 e Fundralsing events . o To w d Mated organlmiwm 1d c 8 Govemmentgraft(contribulllons) Is C f All aNrsr contributions, gft g+ and similar asnmb not included above Lif s Narcash conirihawna Included In linos 1a -If ^. ti h Total. Add lines 1a—if . . 28 Tenant Revenuw....� I2 -- Fw;�loptment Fee and Other l±;ev �' c Laundry Machine Revenue _�.__.._ f All other program sec oo =emus m S TabaL Add lines 2a-2f . . . . . . . 432000 and other similar amount) . . . . , . 111.' 4 Income from Inve went of to -e npt bond ptooWs III 5 loyaiues . . . . . . . . D, Be Gross rents . . b Lass: rental expeone c Rental Income or (1oss) d Not rental income or, 78 OrmRMOMrtiroln WIN of b Lose: rat or aim basis and ales ex rsw . c Gain or (toss) . d Net gain or pose) Ba Gros Income from fundraising events (not Including $ of Contributions reported can line ia). Sam Part IV, line 18 . . . . . a b Less: direct expenses . . . . b c Not income or (bas) from fundralsing ft Gross income from gaming active. see Part IV, sine 19 . . . . . a b Lass: direct eVenses . . . , b a Net Income or (Igoe) from gaming acu 10a Gross sales of inventory, lose returns and allowances e b Loss. cost of goods sold b a Net income or (loss) from sales of Irnn l� 124,83: 11Q.58 I la c o Total. Add lines i is —'lid . . . . . . . . �r 12 Toil rwenue. See instructions. . . . . . I Siam or I'ue! e� dam tax f "e`er 512.618.1= 4 Form l;lW (2012) 44 r hm m Mg) im Farm VUU (2012) 45 Form 660 i2D18a this Part X fthwng of Yaw f 7 -dam IP.Co a-,7 %� I� End of you 11 1 Gash•- non - Interest- betaring . . . . . . . 2 Savings and twernporarye cash InV$MMsnts 3 Pledges and grants receivable, not e . 4 ,4iowunts r'eceefva;W% no . S Loam and other receivables from current mid former oMcBre, directors, trustees, key employ s, and highed compensated employe Complete Part fl of Schedule L . . . . . . . . . . . . S Lawns and ter receivables from tither died pMWM (ss damned under section 49680j01, Panw er devorlibed in 800110h 4058(OP)(B), and contributing eanployers $nd Sponsoring orgenhadone of section 501(o)(g9 voluntary erenployeaa` be rellalay ea'geatke4= *0 inatructfons). Comply Part ll of Schedule f.. � � . 7 Notes and loans receivable, rte# . . 0 lhventrrries for sale or use . . . . , . . . . . , 0 Prepaid wepe nses and deferred charges a 10a Land, buildings. and equipment: cost or estiter basis, mplt a Pint Vi of So 1? 10a 651 542 b Lee- accumulated depreciation 106 66,934 iii Investments- publicly traded secuMeta r . 12 Investrne me -athar securities. See Part IV, line 1 i . . , . , . 12 Investmenta- program- rdated. See Part IV, line 11 . , • . i S 14 intangittle asnb . . . . . • . . . . _ . Y 5 - . 16 Other assets. See Part IV, line 11 . . . . . . • . . 10 Toad Add fines 1 throe h 15 must utd line 34 . 280262 1 47,447 0 2 0 0 $ 0 1 14OA73 a D L � � M a � ? r S 0 01 7 0 01 a3 1 0 467 B 910 721,764 10c 594,658 v 1I 0 at 12 1 0 0 12 0 0 14 0 0 1b 0 752,562 10 743,888 17 A=unts payable and accrued expenew . . . . . , , . . 111 Grants payable . . . . . . . . . . . 19 Deferred revenue . . . . . . . . . . . . . . . . . . 2D Tax-exempt bond liabilities . . . . . . . . , . . . . . „ 21 Escrow or custodial account liability. Complete Part IV of Schedule C . tt 22 Lows and other payabtes to can and former officers, icers, directors, trustees, key employees, highest compeneded employees, and disqualified persons. Complete Pad 11 of Schedule L . . . . • -� 20 Secured mortgages and notes payable to unrelated third lOwdes 24 Unsecured notes and loans Payable to unrelated third parties 25 Other hubllitles (including fedterai income tax, payabhes: to related third parties, and other liabilities not Included on fines 17 -24). Complete Part X of Schedule a . . . . . . . . . . . . . . . . . . . 26 Total 6abillderts. Add lines 17 throe h 25 . . 15,x54 17 53,40a 1S 10 20 21 2g 95,0M 23 tas,ac0 24 194,032 2E 186,�iss 304,286 26 314,662 e nfa Dons that follow SFAA 117 tom, check hem 1 ❑ arm complete lines 27 through 20, and lines W ant! S4, 21 Unrestricted net assets • 1�µ�Iyyy 2,1,,��,0� Temporarily �, restricted not re_ ae� . . . . , . . 20 Permanently restricted not �Ois • • • • . Y h', f c . q Organhadansthatdes not follow WAS ii7 OW 0M, aback hem 1e► ❑ and complete lin" so drrough ac Capptal stack or trust principal, 0r currord funds . . . . . . , 21 Pold -in or capital surplus, Orland, bulking, or squlp mrd fund 32 Malned earnings, endowment, acournulated Income. or other funds . 39 Total net assets or fund balanow . . . . . . . . . . w 34 Total ilablltties and net assetaflund balances . . . . . . . I 44!1,276 27 40,225 0 28 0 20 e) 2p ej 0 Si >} 032 0 0 0 752.552 2a 1 7R2 RRR Fon 8810 (MI 0 46 Fore M (20121 19 WAM R ®a t1c Mort of Not Assaft Check If Schedule O contains a;t response to any question in this Part A . � 1 Total revenue (Must equal part Hilt, column (a), Bra 12) . . . . . 1 2 . . . . . TOW +sxpenus (must equal Part K colurnn (A], Ursa 25) . . . . . . . . . 2 S Remove less expenses. Subtract One 2 from line 1 . . , . . . . . . . . . p . 2 6 Not assets or fund balances at beginning of year (must equal Part X, tine 33, oekinnn (A)) • 4 6 Not unrealized gains (losses) on Investmo t& , . . , . . .. . .. a e 6 6 Donated services and use of facllifies T lrn+�estment exfreraaes . . .. _ . , . . . .- 7 R . . Prior nod .�,y,� . . . . . B Other changes in net assets or fund balances (explain In Soha+dde O) . . g 10 Net assets or fund balances at and of year. Cornbine lines 3 through a {must equal part ), line 33, column R)) . . . . . . . . 10 Financial 3SUftments and Repo _ � if sahaecfule �? t:GPiB. � _ a�nasis �] uPBficfn iPa �.[ .. i Accounting method used to prepare the Form 000: ❑ Cash p Accrual ❑ other Y� rwo � x If the organization changed Its method of accounting from a prior year or checked `°Oilier," explain In Schedule O. :. 291 Were the orgdn"fibh's financial statemmenhc compiled or revlevred by an Independent accountant? . ff "Yass,m check a box below to indicate whether the financial statements for the year users compiled or reviewed on a separate basis, consolidated basis, or both: ❑ Separate basis ❑ Gmsolideed basis d Boot consolidated and separate basis b iaiilere the aarWbWlon's frnanolal statements audlfed by an Independent accountant? ff "Yez, check a box below to Indicate whether the financial statements for tha3 year were suclibsd on R separate beds, consolidated basis, or both: d Separate basis ❑ Consolidated basis ❑ Both consolidated and ate basis c If "Yes" to line 2a or 2b, does the organization have a committea that Resumes responsibility for oversight of the audit, review. or oompllaflon of its financial statements and selection of an Independent acwuntant? N the organizallon changed either its oversight process or ealedon process during the tax your, explain in Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits an set forth In the Single Audit Act" OMS Circular A-133?. . . . . . . . . . . . . . . . . . . . . b If "Yes," did the orgarrb.ation undergo the requi?W audit or audits? It the orgaunkation did not undergo the required audit or audits, explain why In Schedule 0 and describe any amps taken to undergo such audits ab1Fr 47 H®asatn Tur a=rc GnanlV Maws YMI organizeffiorts must complete this rt. See instruadons. The organization is not a private foundation because It Is: (for lines 1 through 11, ohaoit only one box.) 1 ❑ A church, convection of churches, or aeeoclation of chum described In seWon 1701b)(1)(A)& S ❑ A school described In awdon 17003)(1)(A)(lo. (Mach Schedule I.) 3 ❑ A hnspiteii ora cooperative hospital service organization describd In section 170jbj[f )(Wl). 4 ❑ A medical research organization operated In conjunction with a hospital described in seadon 170(bX1)(A)(HQ. Enter the hosp'ital's name, city, and state; 5 ❑ An organization operated for the benefit of a college or unitiar* owned or�taperated by a governtrt gig bed in section 170b)(1)(A)Iitr). (Complete Part II,) S ❑ A federal, stata, or local government or goverrsnyentel unit described in section 1700(1)(11)(4). 7 An organization that normally receives a substantial W of It6 support imam a governmental unit or from the general public described In section 170(b)(IM(40. (Complete Part H.) 5 ❑ A community trust described in section 17011b)(11"(4 (Complete part lie 0 ❑ An organization that normW receives, 0) more then 331/s% of Its support from corMbations, membership fees, and grass receipts from activities related to its exempt functions— abject to certain exceptions, and (2) no moan than 3311a% of its support from gross investment Income and unrelated businese taxable inoorne ases section 611 ta4 from businesses acquired by the organization after June 50,1975. See soon 15th( ft ( Complete Pert ill.) 10 ❑ An organization organized and operated exclusively to tee for public safety. See section 1i09(s)(4 11 ❑ An organization organized and operated exclusively for the benefit of, to perk m the functions of, or to cagy out the purposes of one or more publicly supported organizations gibed in section 509(a)(1) or' section S09(a )(2). See section 5a9(ej(aj. Check the box that describes the type of supporting organization and complete lines 1 lethrough 11h. a ❑ Type I b ❑ Type 11 c ❑ Type HI- Fundlonaiiy Integrated d ❑ Type ill- Non- functiorafly Integrated e D By checking this boat, l certify that the organization is not controlled directly or indirectly by am or more disqualified persons other than foundation managers and other than one or mom publicly supported organizations described In section 609(a)(1) or section 509(e)(2). f if the organization reoelveed e. written determination from the IRS that It Is a Type I, Type II, or Type ill supporting organization, check this box . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 9 Since August 17, 300% has the organization accepted any gift or contribution from any of the following persons? (q A person who directly or Indirectly controls, either alone or together with persons described in 00 and #IQ below. the governing body of the supported organization? . . . . . . . . . . . . . . ffigoo (i* A family member of a person described in 0 above? . . . . . . . . . . . . . . . OM A 35% cordroiled entity of a person dewAbed In {I) or M above? . . . . . . . . . . h Provide the following Informs lon about the supported oroanization(sl. 0 Nome of suppnrW Gt BN OR Typo cd wgrnizaliarr O e nra aWnhXncn M ntd rw hodirr tWil ry ft wncunt or monetary aganwdlon (down nd on Orm 1-B in rid- N read k►ycar tftr or n in dganf Won in noL suppwi ohDw or IRO seotlori 97arning dwxanarrrY cal aEyour i4 orge wed In the U.S.? Yea F!c Yee I No TOW For Paperwork Reduatkm Act Ai the b s fbr FWM Cot No 1 yz F A �aatfl X13 or 48 Schedule A ftrrn M or 680-F) 2012 Pigs 2 Support Sclt® 0-10 for man a DeacrbW 5 Slecftna t 70( )tQF4 and 171 —Co- (Couplets only if you checked the box on fine 5, 7, or a of Part: I or if the organization failed to qualify under Part Ill. If tha Sganizatlon falls to ggft under the t listed below, please complete Part 111.1 Parhtk- fto rf C.alerrdar year for ftcarl year beglrering ko Ip 1 Oft. grate, corrtributlons, and membomhlp fleas received. (no not Include any `unusual grantLI . , . 2 Tax muss levied for the organization's benefit and ell m paid to or expended on Its behalf . . . 6 The value of wMaes or twill" furnished by a aovemmental unit to the omanizzoon without charge . . . . d TotaL Add lines 1 through 3. . . . 6 The portion of total contributions by each person RMar then a governmental unit or publicly supported orgar&aiton) Included on line 1 that exceeds 2% of the amount shown online 11, column (Q. . . , ..6 Pelrk suwwL Subtract Jim r from line d. 2008 2009 (Q20110 [ 2011 2012 N Total 0 47,250 386,74 235,887 a 639,932 0 0 ® 0 0 e a u 01 o 0 47,23( 1 366,795 ,225,867 0 649,932 y rents, royalties and income from similar 634,932 DMendar par for flecal year begiming in) jo, 2005 2009 0 209 D 2011 (9 )2012 Total 7 Amounts from line 4 . . . . . . 0 47AN 366366 226,887 n 639,432 6 Gross income from Interest, dividends, payments received an securities loans, rents, royalties and income from similar sources . . . . . . . . . . 944 72 -1321 a 884 S Not income from unrelated buslness activitles, whether or not the business Is regularly carried on 10 , Other Income. Do not include gain or 0 loss from the sale of capital assess (Explain In Part IV.) . . 11 Total support. Add lines 7 tlsraugh 1 a 0 . 71-12-1— 640,1118 12 Gross receipts from related activities, etc. (See Instructlo 8) . . . . MAN 13 Rrot five y3e4rm If the Form 990 is far the organizaton's first, second, third, fourth, or fifth tax year as a section 501(c)0) organization, check this box and atop haze - . . . . . . . . . . . . . . . . . . . . 111� I-1 14 Public support percentage for 2012 dine 8, column M divided byline 11, column (JD . . . 14 99.86 % 15 Publlo support percentage from 2D11 Schedule A, Pert II, line 14 . . . . . . 16 99x5 % 168 331&% support test -2012. If the orgsnizartion did not Check the box online 13, and line 14 is 3311a% or more, check this box and stop hem The organinWon qualifies as a publicly supported organization . . . . . . . . . . i� 0 it 3W1s% suirport teat— 2011. If the organization did not check a box on line 13 or 16a, and line 15 Is 33116% or more, check this box and step hwe. The organization qualhIes as a publicly supported organization . . . . . . . ® [] 173 test —Mg. If the organization did not check a box an line 18,16a, or 16b, and line 14 Is 10% or more, and If the organization meets the "facts - and- drournstances" test, check this box and stop hem ExpWn In Part IV how the organization meets the "facts -and - circumstances" teat. The organization qualifies as a publicly supported organization . . . . . . . . . . . . . . . . . . . . . . . . . <m b 1d96 -feats md.airturnstances test -2011. if the organization did not chook a box on line 13,16a,16b, or 17a. and line 15 is 10% or more, and it the organization meets the "facts - and- Cirourmstancea" test, check this box and stop here. Explain in Part IV how the organization meets the " facts - and - circumstances" test. The organization qualifies as a publicly supported organization . . . . . . . . . . . . . . . b 0 16 Pr vs* formdatlm If the organization did not check a box online 18,16a,16b,17a, or 17b, check this box and am instructions . . [3 SdwWule A Fwm M or 2012 49 f Sehedkde A firm alp or ZQ12 ft P3 3 Support Schatluls for Orgenbodons DevcriiQ In Section 5Ma)M (Gomplete only If you checked the box on line g of Part I or If the organization failed to 4uallfy under Part IL If the organization faiis to qua! b under the tests listed below, please complete Part II.) Calendar year (or fiscal year beginNrlg in) f 2008 042002 2010 2011 (g-2d12 Total i Glitz, grar€tg, cortoubre, end membedrlp feet MoeNed. @o M4Incfeds arry'uresusi prarrte.') 2 Gross receipts from admiealoruk merchend ee maid or services perfamsd, or faculties f nn ished In any activity that is related to the organization's tic -tempt pupose . 3 Gross receipts from actevl es that are not an csnated trade or business under secaon 518 4 Tax revenues levied for the orgen¢ation's bonefit and either paid to or expanded on its behalf . . . 5 The value of swvicas or fads tlea fumished by a govemnnentel unit to the organizadon w*xwt charge . . . . 6 TOW. Add linos 1 through 5. 7a Amounts Included on lines 1, 2, and 3 recelved fnxn disqualified persons . Ito Amounts Included on lireea 2 and 3 received #arty other than disqualBfed Persons that exceed the greater of $5,000 or 1 % of the amount an line 13 forthe year c Add Ines 7a and 7b . . . . . 8 Public support (pct line 7c from line 6.) . . . . . Calendar yaw (sae° flacal yew beginning ln) 2005 20DG c 26 0 _ - -- -- (CQ2011 (e)2012 Total 9 Amounts from One 6 . . . . . . 10a Grose Income frmn intereK divkfendt, payrnerits recelvsd on securities icons, r *, ropiti s and income from similar sources . b Unrelated business taxable Income Can section 511 taxes) from buslhessem acquired after June 30, 1976 c Add lines 10a and 10b 11 Net Income from unrelated business activltiss not Included in line 10b, whather or riot the business is regularly carried an 12 Other Income. Do not Include grain or loss from the sale of capital assets (Explain In Part IV.) . . . . . 18 Total support (Add lines 9, loc. 11, and 12.) . . . . . . . . . . 14 First five yme. If the f=orm 990 is for the organization's float, second, third, fourth, or fft tax year as a section 501(0)(3) organization, check this box and atop here . . . . . . . . . . . . . . . . . . . . . . . 0' M 15 Public support percentage for 2012 #Ina 8, column (f) divided by line 13, column 6 . , w 16 I % iG Publio support Dercentags i m 2011 Schedules & Part iii, line 16 , . . . . . . . 96 I OA 17 investment income percentage for 2012 @Ina 113% column (t) divided byline 13, column (f)) . . 17 1 % 18 Investment Income percentage from 2DII Schedule A, Part III, One 17 ,. . . . . . . . . L 18 1 % ills 3WA% wort testa - 201119. If the organization did riot check the boxy on fine 14, and line 15 is more than 331n%, and Ina 17 is not more than 331x%. check this box and Wit hers. The organization qualities as a pubiialyrsupported organization . bo ❑ lie 831n% support t — 281't. If the organization did not chock a box on line 14 or One 1ft and line 18 IB more than 331896, and line 18 Is not more than 331aa %, chock this box and atop hem The organization qualifies as a publldyaupported organization ► ❑ 20 Private foundation. ff the organization did not check a box online 14,198, or 19b, check this box and am Ihstruotlons 0, ❑ mohokft A Form Boo w 9904M Maur 50 &�.-7 -vim GP & -5 J Schedule A (Form NO or 990- X412 Pfta am SUPp 0- -m n%rtre , omplete We pert i® provide the explsna loos required by Pert II, line 10, Pad II, line 17e car 17b, and �e Ill, line 11=. Also complete this part for any additional infermsiion. (Semi Instruo ne ). SCHEDULE ® I 0M13 N®. iSs W rMn OR Supplemental Rnancil f Statemerft 2001 ftm W% � ortloT• Pa31i 191, Fflm e, 8, , tie, 11b, tie, 11% lie, tiff, tf W 1121. WNW lRe+n "swim ►Roach to roam in I® he*a05W& Inc. _ 1 OMM635 "Yes" to Or Other° 11111milar Funds or W Donrir advWd funds I M Finds anti outer amura i Tour number at end of year . . . . 2 ,Aggregate corMbudons to (during year°) . 2 Aggregate grants from (during year) . 4 Aggregate value at and of year . . ., 5 Did the organizion Inform all donors and donor advisors In writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? . . . . . . ❑ you No 6 Did the organization Inform all grantees. donors, and donor advisors In writing that grant funds can be used only for charitable purposes and not for the benefit of the donor at donor advisor, or for any other purpose conferring Impermissible private benefit? . . . . . . . . . . . . . . . . . . . . . . n V__ M &J_ Purposes) of conservation easements held by ft organization (check all that apply). ❑ Praeenration of land for public use (e.g.. recreation or education) ❑ Preservation of an historicaity imporWA land area ❑ Protection of natural habitat ❑ Preservation of a certified historic stnadwe ❑ Preservation of open space 2 Complete lines 2a through 2d N the organization held a qualified conservation contribution in the form of a oonservaton easement on the last day of the tax your. 7 hrrdcGaredv�ssmi�t a Total number of conservation wsemen s . . . . . . . . . . . . . b Total acreage restricted by conservation easements . . . . . . . . . . . . . . 2b c Number of conservation easements on a certified historic structure included in (a) . . . 2c d Number of conservation easements included in (e) acquired after 6l171M, and not on a historic structure listed In the National ulster . . . . . . . . . . . . . . . gd B Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax Year 11'. e Number of states where property subject to conservation easement Is located lls� 5 Does the organization have a written policy regarding the periodic monitorfni;. inspection, handiing of violations, and eftrooment of the conservation easements it holds? . . . . . . . . . . . . . ❑ Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, Inspecting, and enforcing conservation easements during the year 7 Amount of expenses incurred in monftaft, Inspecting, and enforcing conservation easements during the year `S a Does eech conservallon easement reported on litre 2(o above satisfy the requirements of section 170(h)(4)(8) 0) and section 17001)(4)(8)Q1)? . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No 9 In Part Xt111, describe how the organization reports conservation easements In its revenue and expense statement, and balance sheet, and Include, it applicable. the text of the footnote to the organization's i'inancfal statemertts that describes the organization's ammuntmg icrsonservatlon easements. a nkwttone Ma ntalnfng Collet done of Art, lilsibarical Trsa$Ures, or tither Slm0ar Assets. Complete If the oEpanIzation answered "Yes° to Form 990, Part IV, line S. Is. 8 the organization elected, as perm tt d under SFAS 116 (ASC 958), not to report In Its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research In furtherance of public swvlos, provide, In Part X111, the text of the footnote to Its financial statements that describes VNw Rams. h if the organizOon elected, as permitted under SFAS 116 (ABC 958), to report in Its revenue statement and balance shoat works of art, historical treasures, or other similar assets field for public exhibition, education, or research In furtherance of public service, provide the following amounts relating to these items: (1) Revenues Included In Form 990, Part V1I1, one 1 . . . . . . . . . . . . . . . . (II} mete Included In Form goo, Part X . . . . . . . . . . . . . . . . . . . 5- __�- - - --- -- - -------_�_ 2 If the organization recelved or hold works of art, historical treasures, or other similar asaeta for financial gain, prmddr. the fallowing amounts required to be reported under SFAS 11 S (ASC 958) relating to these Rams, a Revenues included in Form ego, Part VIII, line i . . . . . . . . . . . . . . . — - ----------------- Assethincluded In Form 990, Part X �. For Patparwwk Reduction Act Nonce, fuse the ins notions for Form SM , est Nm- MOM s ie D Farm SM sole 52 anhoduls 0 dicb1a 91H .J collection iterne (Check all chat appio: 0 ® Public exhlbitlon d ❑ Loan or exchange programs b ® Scholarly malt e ❑ O01er 0 Preservation for future generatlons 4 Provide a deacription of the orgarib ration's collections and eMlWn how they further the organlzation's exempt purpose in Part )all. B During the year, did the organization solicit or receive dorasttions of art, hisindcal treasures or other similar assets to be scald to rains funds rather than to be maintained as p,srb at the organizatlon's collection? ❑ Yeg No MUMEW acnm and Cue%dial Arrangement& Cornplete fl° the orgenizadon answered "Yea" to Form Ma, Part IV, lima 9, or reported an amount on Form 99D, Part X, line 21. tat Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Pain X4 . . . . . . . . . . . . . . . . . ❑ Yes ❑ No b If 'Yes,' explain the arrangement in Part )Alf and oomp late the following table, Amount a Beginning Warace . . . . . . . . 10 d Additions during the year . P 1d R S 4 9 a Dist butions during the year _ e . x _ 1s t Ending batlance . . . . . . . P r . if old the organization include an amount on Form 990, Part X, line 2'17 . , . . . . . . . . . ❑ Yes ❑ No b If 'Yes .0 e aln the anan ement in Part All. Check here It the explanation has been ppyided In Fart All . ❑ Endowment Funds. Como fete if this organiWion answered °lies'° to Form 990, Part IV, line 10. W Durrsnt vw l51 Prior aw M t= yam tuk N Thm ymvs beck W Four yms bock la Beginning of year balance b Contributors . . . . . . . 0 Net Investment eatmingrs, gains, and losses . . . . . . . . . . d Grants or scholarallips , e Other expenditures for facilities and programs . . . . . . . . . f Adminlerdtive expenses . . . . g End of year balance . . . . 9 Provide the aaatlmated percentage of the current year end balance (line 1 g, column (a)) held as: a Board designated or quasi- endowment jo- b Permanent endowment % —--- - - - - -- e Temporarily restricted endowment 11- % The percentages In lines 2a. 2b. and 2c should equal 100%. 30 Are there endowment funds not In the possession of the organization that are hold and administered for the organization b)r- Yes No (i) unrelated arganimtions . . . . . . . . . . . . . . . related organizations . . . . . . . . . . . . . . . . . . . . . . . b If "Yes" 10 5a(lij, are the related organizations listed arx required on Schedule R7 , 9b 4 Describe In Part All the intended uses of the organization Is endowment funds. Nsarlptron of prapany I01 Cost or ether bile nrves0ftnt) 04 Gast w othu basis (ottlnr} io1 Awtitnt> aW dspr *Uon icq Book vatus 1aa Land . . . . . . . . 4 a b Buildings . . . . . . . . c Leasehold Improvements . _ . d Equipment . e Other 144,073 144,073 490,254 46,416 443,338 24,506 1712% 7,212 2,7561 2,721 35 Total. Add lines 1 a through 1.e. J20bMn M must a chill Farm �90, Part X column , fine T D c . . - -, , Mm 54416158 UndulabP sots 53 Schedule 0 sags 20tY — — - -- - - Pe [7gscrip9a7 et Im tm ,t tea (it) Bwkvwue (a) MWwd of veWlm CM or and-cf-gear madmi value Tai! WW 01 must• WROM gyp, Pad X, €d must VllabRy ! -tat t ,MIua (2) Interco PayablO to DaIMY OOSCh H®Ustnu Arth 31,371 it tote Payable to Delray Beach Nttqjslno Auth rOm RAW ID) nitegta Fvm ps#Y, td. Nih a25.E11� T�6,455 y 2. Fill 46 MC 740) Footote. In Fars All, prolWde the teg of the f SdmdWa0f MGVCJ2012 page Rol!` of R t 14udlted Financial rner9ft W th Revenue pw Rittlrn 1 Total rmwenue, galas, and other support per audited fnanotal statements . . . . . . . . . 1 344,242 2 Amounts Included on fire 1 but not on Form ago, Part VIII, ling 1a W.- e Not unrealized Wris on Investmer€is . . . . . m b Donated sanncas and use of facilides . * , . 2b o c Recoveries Of prior year grants . . • 2e d Other (Describe In Part )(10.) . 2d �. a Add lines 2a through 2d , . . . . 28 0 3 Subtract line 2e from line 1 ..: .. . . . . . . 3 349,242 4 Amounts Included on Form g90, Part 'All, line 12, but not on line 1 a Investment expenses not Included on Form 890, Part %ill, fine 7b 4a 0 b Other (Etsscribe In Part XIII.) . . . . . . . . . . . . . . d � , c Add lines 4a and 4b . . . . . . . 5 Total revenue. Add lines 2 and 4r- Oft mast egrraiFaim 880, Part 1, III 12.) . . . . 5 348,242 ` ReconcillMon enises ar Audited Financial Siaftmettib Wltllt enter r Rsa ern 1 Total experwas and losses per audited financial statements . . . . . . . . . fi 325,293 2 Amounts Included an line 1 but not on Form 890, Fart IX, Una 25. a Donated services and use of faculties R � _ � 2a p �� b Prior yearadjustrnerft . . . . ¢ . . . . . gb e Other losses . . . . d Other (Describe In Pan XIII.) . . . ., _' 2d o e Add lines 2a through 2d . . . ., b _ . . . . . . . . . . . . 2a s 5 Subtract ling ft from fine 1 W . . m _ 4 3 328,243 4 Amounts included on Form 890, Part IX, line 25, but not on line 1: a Investment expenses not included on Form Sea, Part Vlll, line 7b 4a a b Other (DeerAbe in Part Xlll.) . . . . . . . . . . . . . 4b , o c Add rmes 4a and 4b . . . . . . . . . . . . . 40 0 5 Total expens3es. Add lines 5 and 4c. tThk mast f Fame 890. Part 1, line 18j , 5 328,293 PPierrrania rWanneflon Complete this part to provide the descriptions required for Part II, lines 8. 6, and 9; Part Ill, lines 1 a and 4; Part ble, limes 1 b and 2b; Part V. line 4; Part X, line 2, Part XI, lltm 2d and 4b; and Pad Xll, lines 2d and 4b. Also complete this part to provide any additional information. Dart X Uno 2 Interca p bi d,!! txr lorr t�lr a h Hausirrg Authae iii. The De ck Haa!slnL rority Issues pa r t fvr ps rolt artd she red exP®nses which is allocated and repold by tare Delray HousInp Group. The amount of 331.37 [ re-erewn the amount Deirey Haus�nGroat ► o d the Delray t%ach Hcrusin Author mart X Llne 3 1 he 0atra Housing 6raup has mm f 55,Li repayment a ernent issued tc the Delray Beach HouA Authod� dated IW(911. The note does not bear interest and is to be repaid rrom exams cash as defined In the aRrreament The entire principal amount b^ due May 1, 2016 uniass extMded under the terms of the agreement .- �--- -._�. -� k 1012 55 tllm b 2012 56 Supplemental Infortnatlon to Form 990 or 990�EZ egrwAJO6 bdonnsOm for reqmneu lo qxmft qLmwbm — 0 an Forml or WD-EZ or fa pmW& &V mMMmd kformagm 171 7 1 0 Attach to rwm M or vm� Name of Housing Group, Inc, MMMN�� OM13 No. 154-0047 EmPl*wmOnw*"*Mmm*w 0"62"35 Form 990 Part Of Una 2 Vlllagewars RrAWIntion: This )a a _ thres > sed development 0"Isll"p _?!M!Ldoj ntL, I4 muLt" Roundskm Oftel"bmi and !t! OML , Inc. wdered kdo tfaro ftvgl5w pa inwSho j_ p awamnants kwm as ffm vinage s4wre El LLC and the Vifte Sqmre Parnity, LLC In order to WW Phase I and 11 of this Fom "D Part V Line 2& :LD!tl2qPiTe!reporW W!Lnq Is zem, howevier, rewm 990 Part ix reN!5!tO(np not an lnuansjsj�tCj _TsMlon paid. This Is Beach Housing Auftrftww the 93qmuw are afloceted to the Deltay Housing Group POrm 990 Section 9 Pori VI Line Ilb Farm MI pre p resf is v d **lit iq!eftant tivrrs audited (in "n I Stawmams. 17m. Farm 9w has a fi al Mwew On al soctlon.B Part Vi Line 12.14 ---- — --- i°tte lielt�p H ®sisirdg group rates tali iate same beard as tite odrs� �acis Flou�irr� �ri�► rifY and �tallor� t1�e sees® go9erning rules of procedure. -- — ------ — ------------ - — - -------- — --- — -------- Fmm 990 Part VI Section B Line —9f M— ME M--t- under the aunsttlree I I I ws Of I h e st a I a or Ff ml d a and all re cord s are c a r m Lq!nej-"!t Fcw PEPwWO* R*ducdm Ant Mallcm% eta the Iftetrwrlione for Form M or NO-JZ, Cat. No. 61 USK Gdoduls 0 V;mm M w No-" (go18) 57 Name of the oygarzzmn 58 o 21 @ CL 8 D �S r Vr� � A � a i LK In N o 1 S; O` y x G O 411 C B Q Of 0 ads Ic 2 IF 5� o 21 @ CL 8 D �S r Vr� � A � a i o 1 S; O` y x E M 59 Q I t i M i �F m ll Qr �.r to _ _ L E �a m 0 a f. m _a i Ing L.: rL: B all i ag g E� _ 9 V � 0 ID c F _ _ ID c F _ i out 60 t all I ft • . s e v r 9 ! ! a a • I F �. y M• v A a m v • • n r • S 1 .• v B Y Y 4 •,. • • e �, tl '' • '�' Y 9 .e m m • a • ! 4 Y n m 4Q " • r . e.. . .. .. m . ae ... _ s a. F � m r P £ ry 4 • £ v. a i t � T P m i v a ., • • x z � r r .. • • m e . P R t � � � a n l k .• a .j1, n • r m Y e r v e >. w v e�l@l! � s u w .. ,.. e r Y h m . • • # . ! � � � r F 8 ! • ! ! � v � F !aa•�•••!!!' • # • e cri ci 0 0• tz n s o m • a m • a m • m ,� ! o ° ` Eo c tom ° -� .. a LM a �$ $ rte• a•5 LD r no a I V CD 15 e its, o p a -9 -9 29 w k3lo • J @ 3 F s,1, i 'a m P a V tl . T. °`i Ile CLL Y� $ $ s� v � 16 r s� n rl � I� I� 61 9N 1'► V i 0 LM 2 CL 0 C all a V T La Elf! r � �� of n a CL A A s _� c t N MM � -r- 'r- tp 0 - uum�� amsu ftM6 Complete this Part to Provide additional inflormation for responese to quesdons n. h instrucdions). 0 So edtAe R see - --- - ----- - --- - --- — ------- - - ------ SchedWe A (Pom no 2u12 63 Amendment Part b DELRAY BEACH HOUSING AUTHORITY FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEAR ENDED MARCH 31' 2013 64 DELRAY BEACH HOUSING AUTHORITY CONTENTS TABLE OF YEAR ENDED INDEPENDENT AUDITORS" REPORT 1 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) 4 FINANCIAL STATEMENTS Statement of Net Position 12 Statement of Revenue, Expenses and Changes in Net Position 13 Statement of Cash Flow 14 DOTES TO FINANCIAL STATEMENTS 16 SUPPLEMENTARY INFORMATION Supplementary Financial Data Schedule — Statement of Net Position 29 Supplementary Financial Data Schedule — Schedule of Revenue, Expenses and Changes in Net Position 31 Schedule of Grant Status 34 Schedule of Expenditures of Federal Awards 35 Notes to Schedule of Expenditures of Federal Awards 36 SUPPLEMENTARY REPORTS Independent Auditors' Deport on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 37 Independent Auditors' Report on Compliance with requirements that Could Have a Direct and Material Effect on Each Major Program and on internal Control Over Compliance in Accordance with OMB Circular X133 39 Schedule of Findings and Questioned Costs 41 66 MANAGEMENTS DISCUSSION. AND ANALYSIS 66 DELRAY BEACH HOUSING AUTHORITY (MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) DEAR ENDED MARCH 31, 2013 Our discussion and analysis of Delray Beach Housing Authority's (DBHA or the Authority) financial accomplishments provides a synopsis of the Authority's financial activities for the fiscal year ended March 31, 2013. Please read it in conjunction with DBHA's Independent Auditors' Report, financial statements, accompanying notes and supplementary information to the basic financial statements themselves. This information is being presented to provide additional information regarding the activities of the Authority and to meet the disclosure requirements promulgated by the Government Accounting Standards Board (GASB). Comparative information between the current year and the prior year is required to be presented and is included in the MD&A. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the PresidentfCEO, Delray Beach Housing Authority, 701 S.E. 6h Avenue, Delray Beach, Florida 33483. FINANCIAL HIGHLIGHTS The assets of the Authority exceeded its liabilities at March 31, 2013 fiscal year end by $5,865,821. Net position at March 31, 2013 consist of $2,662,105 net Investment in capital assets, $996,558 restricted for Housing Assistance Payments (HAP) to landlords, $2,178,000 restricted for approved HUD uses, and $29,158 which is unrestricted. Total operating revenue was $14,686,672. HUD and other government operating grants of $11,787,951, tenant revenue of $229,890, development rights and services fee of $2,178,000 and $491,031 in other revenues, make up the operating revenue total. Total operating expenses were $12,049,192, comprised of $10,903,645 In Housing Assistance Payments, $45,027 in depreciation expense, and $1,100,520 in other operating expenses which cover administration, tenant services, utilities, ordinary maintenance and operations, protective services, and insurance and other general expenses. 6 The capital contributions are comprised of capital grants of $79,589. The Authority experienced a fire at one of its residential properties located at 518 SW 9P Court in Delray Beach, Florida on March 10, 2013. The unit is no longer habitable and will need to be completely rebuilt. As a result, an impairment loss in the amount of $110,584 was recognized as an extraordinary item. The loss recorded equais the book value of the building. The land is still usable and remains on the financial statements at the historical cost. Insurance recoveries were collected subsequent to year end in the amount of $124,823, resulting in an extraordinary net gain of $14,235. OVERVIEW OF THE FINANCIAL STATEMENTS The financial statements are designed to provide readers with a broad overview of the Authority's finances, in a manner similar to a private - sector business (enterprise fund), which uses the accrual basis of accounting. Revenues are recorded when they are earned, assets when acquired, and expenses and liabilities are recorded when Incurred, regardless of the timing of cash receipts and payments. (4) 67 DELRAY BEACH HOUSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 3't, 2013 The financial statements report on the function of the Authority, which is principally supported by Federal revenues. The Authority's function is to provide decent, safe, and sanitary housing to low income and special needs populations, which is funded primarily with grant revenue received from the U.S. Department of Housing and Urban Development. Program accounting groups related accounts that are used to maintain control over resources that have been segregated for specific purposes, in more detail than the Authority's basic financial statements. The Authority, like other state and local governments, in addition to enterprise fund accounting, uses program accounting to show compliance with finance- related legal requirements. The Authority's annual report consists of enterprise fund type financial statements that show information about the Authority's most significant activities such as: • Section 8 Housing Choice Vouchers • Public and Indian Housing (Low -Rent Public Housing) • Capital Fund Program • Tenant Based Rental Assistance (TBRA) (previously funded by HOME) • Other Business Activities • Delray Housing Group, Inc. (DHG), our non - profit organized under Section 501(c)(3) of the Internal Revenue Code Our analysis focuses on net position of the Authority as a whole, including our non - profit organization, which we have included as a component unit following GASB guidelines. Eliminations have been made to remove the double - counting of internal activities. The following basic financial statements are included in this annual report. Statement of Net Position — reports the Authority's assets and liabilities at the end of the fiscal year, and provides information about the nature and amounts of resource investment and obligations to creditors. Statement of Revenue, Expenses and Changes in Net Position -- reports the results of activity over the course of the fiscal year. It details costs associated with operating the Authority and how those costs were financed. It also provides an explanation (net income or loss for the year) of the change in net position from the previous fiscal year -end to the current fiscal year- end. Statement of Cash Flows — reports the Authority's flow of cash, detailing sources of cash (cash receipts) and what it was used for (disbursements), showing how the cash balance changed over the course of the year. The financial statements also include notes that provide required disclosures and other information necessary to gather the full meaning of the material presented in the statements. (5) 68 DELRAY BEACH HOUSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 31, 2013 The following analysis of net position, revenue, and expenses are detailed and provide a comprehensive portrayal of financial conditions and related trends. The analysis includes all assets and liabilities using the accrual basis of accounting. CONDENSED FINANCIAL INFORMATION ASSETS, LIABILITIES AND NET POSITION ASSETS CURRENT ASSETS Cash, Unrestricted Cash, Restricted - HAP Equity, FSS Escrow, Tenant Security Deposits Receivables, Net Prepaid Expenses and Other Current Assets Total Current Assets NON- CURRENT ASSETS Capital Assets: Capital Assets Not Being Depreciated Capital Assets Being Depreciated, Net Net Capital Assets Long -tern Note Receivable Total Non - Current Assets Total Assets March 31, March 31, 2013 2012 $ Change %Chan $ 92,031 $ 59,448 $ 32,583 3,066,354 398,540 2,667,814 164,549 67,227 97,322 31,177 23,751 7,426 3,354,111 548,966 2,805,145 1,881,426 1,881,426 875,679 951,202 X75,5231 2,757,105 2,832,625 (75,523) -. 24,969 (24,969} 2,757,105 2,857,597 (100,492) $ 6,111,216 $ 3,406,563 $ 2,704,653 (6) 54.8% 669.4% 144.8% 31.3% 511.0% 0.0% -7.9% .2.7% - 100.0% -3.5% 79.4% 69 DELRAY BEACH HOUSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 31, 2013 CONDENSED FINANCIAL INFORMATION ASSETS, LIABILITIES AND NET POSITION xTTI[Ri �P Long -Term Debt March 31, March 31, - 0.0% Other Non - Current Liabilities (Payable From 2013 2012 $ Change % Change - LtABll_ITIES AND NET POSITION 36,724 52,510 (15,786) -30.1% CURRENT LIABILITIES 45,443 45,461 (18) 0.0% Accounts Payable $ 7,101 $ 34,348 $ (27,247) -79.3% Accrued Liabilities 34,357 27,251 7,106 26.1% Accrued Compensated Absences 12,509 11,365 1,144 10.1% Tenant Deposits (Payable From 2,662,105 2,737,628 (75,523) -2.8% Restricted Assets) 14,251 6,315 7,946 125.8% Unrestricted 68,228 79,279 (11,051) - 13.9°% xTTI[Ri �P Long -Term Debt 95,000 95,000 - 0.0% Other Non - Current Liabilities (Payable From Restricted Assets) 36,724 52,510 (15,786) -30.1% Accrued Compensated Absences 45,443 45,461 (18) 0.0% Total Non - Current Liabilities 177,167 192,971 (15,804} -8.2% Total Liabilities 245,395 272,250 (26,855) -9.9% NET POSITION Net Investment In Capital Assets 2,662,105 2,737,628 (75,523) -2.8% Restricted 3,174,558 504,123 2,570,435 425.5% Unrestricted 29,158 (207,438) 236,696 - 114.1% Total Net Position 5,865,821 3,134,313 2,731,508 87.1% Total Liabilities and Net Position $ 6,111,216 $ 3,406,563 $ 2,704,653 79.4% Current Assets increased by $2,805,145. This was due to a $2,667,814 Increase in restricted cash f (the result of HAP expenses exceeding HAP revenue for the year and receipt of $2,178,000 in fees from developers), $97,322 increase in receivables (primarily the result of Insurance recovery receivables in the amount of $124,823), offset by $40,009 combined Increases in unrestricted cash and other assets. !Zapilgl Assets and Debt Administration Capital Assets Net of Depreciation decreased $75,523. The Authority purchased $80,088 of capital assets consisting primarily of $79,588 to complete the renovations of RHF properties located at 704 SW a Street and 133 SW 7r" Avenue. An additional $500 was used for improvements to 1505 SW 3'd Court. This was offset by $45,027 of depreciation expense. As previously discussed, the Authority incurred an extraordinary asset impairment in the amount of $110,584, This impairment was offset by $124,823 In insurance recoveries. The resulting net extraordinary gain was $14,239. (7) 70 DELRAY BEACH HORSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 3'I, 20'13 As of March 31, 2013, the Authority's investment in capital assets was $2,662,105 (net of accumulated depreciation). This investment in capital assets includes the 18 acres of land set aside for the redevelopment of Carver Estates, the 82 NW 5th Ave parcel purchased to build the administrative offices /service center and dwelling rental spaces, the 2267228 SW I Ave duplex, and 133 SW 7th Ave and 704 SW 9o' Ave, single family homes donated by the CRA. The Delray Housing Group owned duplex at 134 SW 9th Ave (land, building, and improvements to the duplex), a privately donated one - bedroom condominium at Kings Point development, and the following properties acquired from the City of Delray Beach through the NSP program: 614 SW 6th Ave, 616 SW gth St, and 1212 -1214 SW 2"d St., 1505 SW 3`d Ct and 518 SW 9m Ct. it also includes leased offlce improvements, furniture and equipment, automobiles, and computer software used for the administration of the Authority. Non - Current Assets decreased $100,492, which represents the decrease in net capital assets of $75,523 and a decrease in Long -term Note Receivable of $24,969. Current Liabilities decreased $11,051. This decrease is primarily due to $27,247 decrease in accounts payable. Lang -Term Liabilities consist of $36,724 in FSS escrow balances on deposit, $45,443 accrued in Icing -term compensated absences, and a $95,000 April 2004 mortgage on a duplex purchased by Delray Housing Group from the CRA. The CRA holds the mortgage and the mortgage is deferred for a period of 20 years and will be forgiven at the expiration of the term, provided that DHG maintains the units at affordable rents as defined by HUD's annual Fair Market Rents. (8) Z DELRAY BEACH HOUSING AUTHORITY ' MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 31, 2013 Year Ended Year Ended March 31, March 31, OPERATING REVENUE 2013 2012 $ Change - % Change Net Tenant Revenue $ 229,890 $ 107,253 $ 122,637 914.3% Operating Grants and Subsidies - HUD 11,787,951 11,042,932 745,019 6.7% Development Rights and Service fees 2,178,000 - 2,178,000 - Other Revenue 491,031 485,689 5,342 1.1% Total Operating Revenue 14,686,872 11,635,874 31050,998 26.2% OPERATING EXPENSES Administrative 938,676 971,637 (32,961) -3.411/6 Tenant Services 63,966 55,174 8,794 15.9 % Utilities 22,749 12,792 10,037 79.0% Ordinary Maintenance and Operations 57,685 28,109 29,576 105.2% Protective Services 2,250 2,041 209 10.2% Insurance Expenses 2,311 3,528 (1,217) - 34.5 %, General Expenses 12,881 9,351 3,530 37.7% Housing Assistance Payments 10,903,645 11,389,727 (486,082) -4.3% Depreciation Expense 45,027 64,032 (19,005) - 29.7% Total Operating Expenses 12,049,192 12,536,311 (487,119) -3.9% Income (Loss) from Operations 2,637,680 (900,437) 3,538,117 - 392.9% CAPITAL CONTRIBUTIONS Capital Grants 79,589 322,569 (242,980) - 75.3% Donated Capital Assets (225,887) - 10010% Total Capital Contributions 79,589 548,456 (468,867) -85.5% EXTRAORDINARY ITEM Insurance Recoveries In Excess of Asset Impairment 14,239 _ 14,239 a Total Extraordinary Items 14,239 14,239 -. CHANGE IN NET POSITION 2,731,508 (351,981) 3,083,489 -876.0% Net Position, Beginning of Year 3,13:1,313 3,486,294 351,981 -10.1% NET POSITION, END OF YEAR $ 5,865,821 $ 3,134,313 $ 2,731,508 87.1 %' (9) 72 DELRAY BEACH HOUSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) DEAR ENDED MARCH 31, 2013 Operating Revenue increased $3,050,998 over the previous year There was an increase of $122,637 in Tenant Revenue. Revenue from five public housing units the Authority began renting during the year represents $15,491 of the increase. These units were acquired in fiscal 2012 using Replacement Housing Factor Funds and were made available to rent during fiscal 2013. Another $61,379 represents an additional six months revenue for the Carolyn Quince and LaFrance apartments. Delray Housing Group entered into a Ground Lease — Property Management agreement with the CRA on October 1, 2011 and only recognized six months revenue last fiscal year, this year a full year of revenue was recognized. The Delray Housing Croup also had a net increase of $19,131 primarily due to 518 SW 9t' Street and 1505 SW 3d Court being available to rent for the full year. There was a $745,019 increase in HUD Operating Grants. In June 2012 HUD allocated an additional $482,000 due to a quarterly cash management reconciliation report. In addition, HAP payments increased an $261,000 over the previous year. There was .a $5,342 increase of Other Revenue and a $2,178,000 increase in Development Rights and Service Fees. In February 2013, Delray Beach Housing Authority received a payment of $2,178,000 for the rights to develop the Village Square Revitalization project (formerly Carver Estates). This is a one time payment and is currently restricted pending HUD approval of the use of the funds. The $5,342 increase In other income Is primarily the result of the decrease in Portability revenue and associated administrated fees and the receipt of $127,500 developer fee paid to the Delray Housing Group by Roundstone Development, Inc. This increase is offset by the Authority no longer receiving CRA management fees for the Carolyn Quince and LaFrance apartments, in addition to changes in miscellaneous receipts from those units. O e atina Exc eases decreased $487,119 over the previous year. This was due largely to a decrease in housing assistance payments of $486,082. In addition, administrative expenses decreased $32,961 due to the departure of an employee that was not replaced and depreciation decreased by $19,005 due to not having to depreciate leasehold improvements of the former office space. These decreases were offset by an increase in maintenance and utility costs of $39,613 and other expenses $11,613. Capital Contributions decreased $468,867 over the previous year. During the previous fiscal year, the Authority received $322,589 in donated capital and $225,887 in capital grants compared to $79,589 of Replacement Housing Factor funds received in the current year in. These funds were used to complete the renovation of the properties located at 704 SW 9 St. and 133 SW r Ave. (10) 73 DELRAY BEACH MOUSING AUTHORITY MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) YEAR ENDED MARCH 31, 2013 Future Events that mill Financial) Im act the Author! VILLAGE SQUARE REVITALIZATION: This is a three- phased development consisting of 84 Elderly Units, 144 Multifamily Units and 24 single family and duplex for -sale units. Roundstone Development and the Delray Housing Group (DHG), the non -profit instrumentality of the Delray Beach Housing Authority, entered into two developer partnership agreements known as the Village Square Elderly, LLC and the Village Square Family, LLC in order to build Phases I and 11 of this revitalization project. Developer Fee /Development Service Fee: The Partnership Agreement provides that the Developer Fee is to be split with the Developer earning 85% and the DBHA/DHG earning 15 %. The fees are to paid not earlier than 25% at closing; 50% upon substantial completion of construction; and 25% at achievement of stabilization. Closing on the financing for Village Square Family occurred In February 2013 and in accordance with the Agreement, DHG earned its 25% Developer Fee. The Pro Forma estimated DHG's total Develo r Fees for Phase I and II at $633,071 after accounting for all deferred fees. E_ A Development Right/Service Fee was paid to the DBHA in accordance with the negotiated Ground Lease which provided for a payment of "Additional Rent" if awarded a 5% Low Income Housing Tax Credit (LIHTC) allocation. These funds were negotiated for the purpose of offsetting significant losses experienced through a previous land development attempt and also to offset continued reductions in federal subsidies. It is expected that upon approval of the proposed use of the Service Fee by the HUD Special Applications Center (SAC), DBHA will be in a position to maintain its operations until such time as the Village Square development becomes fully occupied and stabilized. Stabilization Is expected to occur within 3 to 5 years from initial occupancy. Cash flaw for the Family Development is expected to be approximately $150,000 per year after debt service payments. The Elderly Development Is not expected to perform as well due to the highly leveraged financing involved (4% Tax Credit, Bonds and subsequent private placement of the bonds, CRA Loan, and Project Based HCV). Cash flow will be split between the Developer (70 %) and DHG (30 %) until stabilization at which time DHG will retain 100% of the cash flow. WEST SETTLERS OFFICEISERVICE CENTER: Construction of the 14,0 00 square foot mixed use building to house DBHA operations, FSS, and 3 Public Housing Units has been on hold until such time as the project can be financed. DBHA has proposed to utilize part of the Development Rights /Service Fee (as described above) to finance the construction of this building, REPLACEMENT HOUSING FACTOR FUNDS: The DBHA has requested approval to accumulate what remains in Its first increment of RHF grant funds in order to purchase or construct additional Public Housing units. NEIGHBORHOOD STABILIZATION PROGRAM (NSP). A total of six NSP housing units have been donated to the Authority by the City of Delray Beach since the start of this program. We are required by federal regulations to make these units available to families at or below 50% of the Median Household Income. Net Operating Income to date has been at a loss due to associated expenses. It is expected that the City will continue to donate units under this program in accordance with our Intedoca! Agreement of July 2010. NSP will continue to provide for expanded affordable rental housing opportunities within the DBHA jurisdiction. ('f1) 74 FINANCIAL STATEMENTS 75 ASSETS CURRENT ASSETS � =, STATEMENT POSITION MARCH 31, i Cash, Unrestricted $ 92,031 Gash, Restricted 3,052,093 Cash, Restricted for Tenant Deposits 14,261 Receivables, Net 164,549 Prepaid Expenses and Other Current Assets 31,177 Total Current Assets 3,354,111 NON- CURRENT ASSETS Capital Assets: Capital Assets Not Being Depreciated 1,881,426 Capital Assets Being Depreciated, Net 875,679 Net Capital Assets 2,757,105 Total Assets $ 6,111,216 LIABILITIES AND NET POSITION CURRENT LIABILITIES Accounts Payable $ 7,101 Accrued Liabilities 34,357 Accrued Compensated Absences 12,509 Tenant Security Deposits (Payable From Restricted Assets) 14,261 Totai Current Liabilities 68,228 NON - CURRENT LIA131LITIES Long -Term Debt 95,000 Other Non - Current Liabilities (Payable From Restricted Assets) 36,724 Accrued Compensated Absences 45,443 Total Non - Current Liabilities 177,167 Total Liabilities 245,395 NET POSITION Net Investment In Capital Assets 2,662,105 Restricted 3,174,558 Unrestricted 29,158 Total Net Position 5,865,821 Total Liabilities and Net Position $ 6,111,216 See accompanying Notes to Financial Statements. (12) 76 DELRAY BEACH HOUSING AUTHORITY STATEMENT OF REVENUE, EXPENSES AND CHANGES IN NET POSITION YEAR ENDED MARCH 31, 2013 OPERATING REVENUE Net Tenant Revenue $ 229,890 Operating Grants and Subsidies - HULA 11,787,951 Development Rights and Service Pees 2,178,000 Other Revenue 491,031 Total Operating Revenue - 14,686,872 OPERATING EXPENSES Administrative 938,676 Tenant Services 63,968 Utilities 22,749 Maintenance and Operations 57,666 Proteotive Services 2,250 Insurance Expenses 2,311 General Expenses 12,881 Housing Assistance Payments 10,903,645 Depreciation Expense 45,627 Total Operating Expenses W� 12,049,192 Income from Operations 2,637,680 CAPITAL CONTRIBUTIONS Capital Grants 76,666 Total Capital Contributions 7 +5$9 EXTRAORDINARY ITEM Insurance Recoveries in Excess of Asset Impairment 14,239 Total Extraordinary Items 14,239 CHANGE IN NET POSITION 2,731,508 Net Position, Beginning of Year 3,134,313 NET POSITION, END OF YEAR $ 5,865,821 See accompanying Notes to Financial Statements. (13) 77 DELRAY BEACH HOUSING AUTHORITY STATEMENT OF CASH FLOW YEAR ENDED MARCH 31, 2013 CASH FLOWS FROM OPERATING ACTIVITIES Receipts: Dwelling Rent Receipts $ 232,878 Operating Subsidy and Grant Receipts 11,819,054 Other Income Receipts 2,653,557 Total Receipts 14,705,489 Disbursements: Payments to and Benefits for Employees 780,856 Payments to Suppliers 345,061 Payments to Landlords 90,903,645 Total Disbursements 12,029,562 Net Cash From Operating Activities 2,675,927 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Receipt of Long -Term Receivable 24,969 Capital Grants 79,589 Purchase of Capital Assets (80,088) Net Cash From Capital and Related Financing Activities 24,470 NET INCREASE IN CASH 2,700,397 Cash, Beginning of Year 457,988 CASH, END OF YEAR $ 3,158,385 Reported as Cash, Unrestricted $ 92,031 Cash, Restricted 3,052,093 Cash, Restricted for Tenant Deposits 14,261 $ 3,158,385 Noncash Capital and Related Financing Transactions Insurance Recoveries in Excess of Asset Impairment $ (14,239) See a000mpanying Notes to Finandal Statements. (14) 78 RECONCILIATION OF INCOME FROM OPERATIONS TO NET CASH FROM OPERATING ACTIVITIES Income from Operations $ 2,637,680 Adjustments to Reconcile Income from Operations to Net Cash From Operating Activities: Depreciation Expense 45,027 Allowance for Doubtful Accounts (4,546) (increase) Decrease in Assets: Accounts Receivable - PHA Projects (3,885) Accounts Receivable - HUD Other Projects 46,889 Accounts Receivable - Miscellaneous (13,687) Accounts Receivable - Tenants (799) Accounts Receivable - Fraud Recovery 3,529 Prepaid Expenses and Other Current Assets (7,426) Increase (Decrease) in Liabilities: Accounts Payable (27,247) Accrued Liabilities 7,085 Tenant Security Deposits 7,946 Family Self Sufficiency Liability (15,786) Other Current Liabilities 21 Compensated Absences 1,126 Net Cash From Operating Activities $ 2,675,927 See accompanying Notes to Financial Statements. (1 5) 79 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 'I SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES General Delray Beach Housing Authority (the Authority) is a public body corporate and politic organized under Chapter 421 of the Florida State Statutes to provide low -rent housing for qualified individuals in accordance with laws, rules and regulations prescribed by the United States Department of Housing and Urban Development (HUD). The primary purpose of the Authority is to provide decent, safe, sanitary and affordable Dousing to low income, elderly and disabled families within Delray Beach, Florida. The Authority operates all of its programs within Delray Beach, Florida. Where HUD subsidizes housing, total rent is determined by the Authority within guidelines 'established by HUD. The tenants` portion of the rent and the housing assistance provided by HUD are also determined using HUD's guidelines. Reporting Entity The Governmental Accounting Standards Board has established criteria for determining the governmental reporting entity and component units that should be included within the reporting entity. Under these criteria, the Authority is considered to be a primary government, since it is a special purpose government that has a separate governing body, is legally separate and is fiscally independent of other state or local governments. The Authority is a related organization of the City of Delray Beach, Florida since the members of its Board of Commissioners are appointed by the Mayor with the approval of the City Commission. The City of Delray Beach,, Florida is not financially accountable for the Authority as It cannot Impose its will on the Authority and there is no potential for the Authority to provide financial benefit to, or impose financial burdens on the City of Delray Beach, Florida. Accordingly, the Authority is not a component unit of the City of Delray Beach, Florida. In determining haw to define the reporting entity, management has considered all potential L component units. The determination to include a component unit in the reporting entity was made by applying criteria established by the Governmental Accounting Standards Board Statement. These criteria include manifestation of oversight responsibility; including financial accountability, appointment of a voting majority, Imposition of will, financial benefit to or burden on a primary organization, financial accountability as a result of fiscal dependency, potential dual inclusion and organizations included in the reporting entity although the primary organization is not financially accountable. (1 6) 80 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL A. MARCH 0 NOTE 7 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Re ortIn Entity Continued Based on the application of these criteria, the Authority has the following component unit which is described below: P±Iray Housing Group, Inc. Defray Housing Group, Inc, is a nonprofit organization established by the Authority for the purposes of providing affordable housing opportunities, promoting neighborhood and community development and providing for economic development. Delray Housing Group, Inc. is governed by an eight - member board comprised principally of the Board members of the Authority. Therefore, Delray Housing Group is considered to be a blended component unit of the Authority. Basis of Presentation and Accountin In accordance with uniform financial reporting standards for HUD programs, the financial statements of the Authority and its blended component unit are prepared in accordance with accounting principles generally accepted in the United States of America. Based on compelling reasons offered by HUD, the Authority reports its operations under the governmental proprietary fund type (enterprise fund), which uses the accrual basis of accounting. The enterprise fund emphasizes the flow of economic resources measurement focus. Basis of accounting refers to when revenues and expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. Revenues are recorded when they are earned and expenses are recorded at the time liabilities are incurred, Enterprise Fund The enterprise fund is used to account for those operations that are financed and operated in a manner similar to private business or where the Board of Commissioners has decided that the determination of revenues earned, costs incurred, and or net income necessary for management accountability is appropriate. The intent of the governing body is that the costs (expenses including depreciation) of providing services to the public on a continuing basis be financed or recovered primarily through user charges. Pro rare /Activi Accounttn The accounting records are established in a manner which enables the Authority to ensure observance of limitations and restrictions placed on the use of resources available to it. The accounting records are also maintained In a manner that provides the Authority with the ability to monitor the financial results associated with certain other activities or otherwise provide for management accountability. (17) 81 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Pro ram/Activitv Accounting Continued Separate identifiable accounts are maintained within the accounting records for each program /activity operated by the Authority. However, all of the programs /activities of the Authority are part of a single enterprise fund for financial reporting purposes. The programs /activities included in the accompanying financial statements include all programs /activities of the Authority that relate to providing mousing assistance to lower income families and all other programs, functions and activities over which the Board has oversight responsibility and financial accountability. These programs/activities are as follows: HOME Investments Partnershl s Pro rarn CFDA'14.239 The HOME Investments Partnership Program accounts for the Tenant Based Rental Assistance (TBRA) program. The TBRA program provides security deposit assistance to low - income families affected by natural disasters. Public and Indian Housing CFDA'14.860 This program accounts for the housing units owned by the Authority that is subsidized by HUD under an Annual Contributions Contract. Section 8 Housing Choice Vouchers CFDA'14.871 This program accounts for the activity associated with the projects and other facilities that are not owned by the Authority but are subsidized by HUD under an Annual Contributions Contract. Public HMLIng Capital Fund (CFDA 14.872 This program accounts for the activity associated with the Capital Fund Program grants received by the Authority. Other Business Activities C FDA None This program accounts for the Authority's other business activities. Delray Housing Group, Inc. Separate identifiable accounts are also maintained within the accounting records for the activities of Delray Housing Group, Inc. which is a blended component unit of the Authority as described above. Budiiets Budgets are prepared on an annual basis for each program /activity and are used as a management 'tool throughout the accounting cycle. The budgets for the Capital Fund Program and certain other multi -year grant programs are adopted on a "project length" basis. Budgets are not, however, legally adopted nor legally required for financial statement presentation, (18) 82 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31-,2013 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Income Taxes The Authority is a public body corporate and politic exempt from federal and state income taxes. Delray Housing Group, Inc. (a blended component unit) is a non - profit organization and is exempt from Federal income taxes under Section 501(c)(3) of the Internal Revenue Code. Federal law imposes tax on income that is not related to an organization's tax- exempt purposes or otherwise excluded under the Internal Revenue Code. Cash and Cash E uivalents The Authority considers all highly liquid short -term investment instruments with an original maturity of three months or less, to be cash equivalents. At March 31, 2013, the Authority did not have any cash equivalents. Restricted Assets Certain assets are classified as restricted assets in the accompanying statement of net position when constraints are placed on their use by external parties or law. The assets that are classified as restricted include the following: Restricted Cash Restricted cash consists of bank accounts that have been established in order to ensure the availability of funds to pay family self - sufficiency program participants, to repay tenant security deposits and to pay housing assistance payments to landlords. In addition, development rights and service fees received for the rights to develop the Village Square Revitalization project (formerly Carver Estates) are currently treated as restricted pending HUD approval of the use of the funds, Capital Assets All purchased capital assets are valued at cost when historical records are available. When no historical records are available, capital assets are valued at estimated historical cost. Starting with the fiscal year March 31, 2006 betterments and additions in excess of $2,000 are capitalized and prior to March 31, 2006 betterments in excess of $500 were capitalized. - Minor Betterments to structures or site involving a total expenditure of less than $5,000 is not considered property betterments. Routine repair and maintenance is expensed as incurred. Donated assets are recorded at fair market value as of the date of donation. Depreciation is calculated using the straight -line method over the useful life of the related asset. As of the fiscal year March 31, 2006 the useful lives are 3 years for computers and EDP equipment, 6 years for autos and maintenance equipment, 7 years for office furniture, 10 years for land and leasehold Improvements, 27.6 years for residential real estate, and 39 years for commercial real estate. Prior to March 31, 2006 the useful lives range from 15 to 40 years for buildings and improvements and from 5 to 7 years for equipment. When assets are disposed of, the related cost and accumulated depreciation are relieved and any gain or loss is included in the change in net position. Cis) 83 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 �Ij IF W111 Compensated Absences The Authority's policy allows employees to accumulate unused vacation time and sick time off up to a maximum of 30 days for vacation time and 180 days for sick time. Upon separation, employees are paid for their unused accumulated vacation time off, if they have completed at least six months of continuous service. No accrued sick time will be paid upon separation unless the employee has completed ten years of service and within six months of termination, qualifies for, applies for, and commences to receive benefits under the Authority's retirement plan. Payment under these terms will be made at 50% of accrued leave. Not Position Net position represents the difference between assets and liabilities. Net investment in capital assets consist of capital assets, net of related accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets. Net Investment in capital assets excludes unspent debt proceeds. Net position is reported as restricted when there are limitations imposed on their use either through laws or regulations or through external restrictions imposed by creditors or grantors. The Authority applies restricted resources first when an expense or expenditure is incurred for the purpose for which both restricted and unrestricted net position are available, Operating and Non - operating Revenue and Expenses The Authority recognizes operating revenue and expenses as a result of providing low rent housing and other services. The principal operating revenues of the Authority consist of tenant rental charges, operating subsidies and fees received from the federal government and other grantor organizations and other revenue received from ancillary operations. Operating expenses include the costs of operating the Authority owned housing units, housing assistance payments to landlords, administrative expenses, costs associated with providing program services and depreciation on fixed assets. All revenues and expenses not meeting this definition are reported as non -operating revenues and expenses. Government Operating Grants and Subsidies The subsidies and grants received by the Authority from HUD under Annual Contributions Contracts and other grant agreements are recorded as revenue in the period earned in accordance with accounting principles generally accepted in the United States of America. The Section 8 Housing Choice Vouchers Program Annual Contributions Contract with HUD provides for housing assistance payments to private owners of residential units on behalf of eligible low- or very low-income families. The program provides for such payments covering the difference between the maximum rental on a dwelling unit and the amount of rent contribution by the participating family plus related administrative expenses. (20) 84 DELRAY REACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 310 2013 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Risk Management The Authority is exposed to various risks of loss related to: torts; theft of, damage to and destruction of assets; errors and omissions; and other general liability issues. The Authority obtained commercial insurance coverage for all program slactivities. Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three years. La r Custodial Credit Risk Custodial credit risk is defined as the risk that, in the event of failure of the counterparty, the Authority will not be able to recover the value of its securities that are in the possession of an outside party. Deposits All cash deposits are carried at cost and are in financial institutions whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC) and collateralized. Florida Statutes Chapter 280 sets forth the qualifications and requirements that a financial institution must meet in order to become a qualified public depository. The Statute also defines the amount and type of collateral that must be pledged in order to remain qualified. Florida Statute 218.45 requires deposits of governmental entities be made only with Qualified Public depositories (QPD's). Public fund on deposit in QPD's are protected against loss due to insolvency by: (1) federal deposit insurance; (2) the pledge of securities as collateral; and (3) a contingent liability agreement that allows the Chief Financial Officer of the State of Florida to assess QPD's if the securities pledged by an insolvent QPD are insufficient. The agreement for collateralization of public funds is with the State of Florida and not with the Authority. Similar to FDIC, the State of Florida is guaranteeing the deposit. (21) 85 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 2 GASH ARID INVESTMENTS (CONTINUED) Deposits continued At March 31, 2013, the Authority's total bank balances were $3,162,388 and the total book balance was $3,757,885. The Authority maintains a petty cash fund in the amount of $500, The Authority's investment policy requires that a register shall be maintained and an investment strategy be developed as a part of the budget process. Periodic reviews are made considering anticipated revenues and expenditures to determine the amount of investments to be made. NOTE 3 ACCOUNTS RECEIVABLE Accounts receivable as of March 31, 2013 consisted of the following: PHA Projects HUD Other Projects Miscellaneous Insurance Recovery Receivable Tenants Allowance for Doubtful Accounts - Tenants Fraud Recovery Allowance for Doubtful Accounts - Fraud Total NOTE 4 CAPITAL ASSETS $ 9,692 2,943 20,150 124,823 5J97 (5,797) 18,379 (11,438) $ 164,549 The changes in capital assets for the year ended March 31, 2013 were as follows: Nondepneciable Capital Assets; Land Construction In Progress Total Nondepreciable Cotai Assets Depreciable capital Assets: Buildings and Improvements Leasehold Improvements Furrdture and Equipment Total Depreciable capital Assets Less Accumulated Depreciation: Total Depreciable Capital Assets, Net Capital Assets, Net Beginning Ending Balance Additions Deletions Balance $ 1,658,064 $ - $ - $ 1,658,064 223,362 223,362 1,881,426 - - 1,881,426 966,756 80,088 (115,484) 931,360 333,498 - - 333,498 221,048 - - 221,048 1,521,302 80,088 (116,484) 1,485,906 570,100 45,027 __L4,900). 610,227 951,202 35,061 _ (11 0,584) 875,679 $ 2,832,628 $ 35,061 $ (110,584) $ 2,757,105 (22) 86 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL. STATEMENTS MARCH 31, 2013 NOTE 4 CAPITAL ASSETS (CONTINUED) The Authority has made certain commitments related to residential properties donated by the City of Delray Beach, There are covenants related to the Authority's use of the acquired properties. The contracts for sale and purchase state that the Authority is required to rent the residential properties to low- income families that have income at or below 50% of the area median income. In addition, the Authority is required to lease the units at no more than 35% of the tenant's gross income. These restrictions apply for 20 years from the dates of acquisition. As of March 31, 2013, the Authority was in compliance with these covenants. NOTE 5 CHANGES IN NON- CURRENT LIABILITIES The changes in non - current liabilities for the year ended March 31, 2013 were as follows: The other noncurrent liabilities payable from restricted assets relates to the restricted assets that are being held to ensure the availability of funds to pay family self - sufficiency program participants. The $95,000 note payable was issued to Community Redevelopment Agency of Delray Beach on April 23, 2004 in order for the Delray Housing Group to acquire property that Is to be used for affordable housing. The note does not bear interest and principal is not due until 20 years from the date of the note (April 23, 2024). If Delray Housing Group, Inc, continues to operate the property as affordable housing for that period of time, the note will be forgiven. •:: r; • . , The Authority maintains a defined contribution plan for all eligible employees and serves as the trustee. The plan is administered by Intematlonal City Management Association Retirement Corporation (ICMA). (23) 87 Balance Balance Due Beginning End Within of Year AddWons Deletions of Year One Year Mote Payable $ 85,000 � - $ 95,000 $ - Other Non - Current Liabilities Payable from Restricted Assets 52,510 (15,786) 36,724 - Compensated Absences 56,826 81,555 (80,429) 57,952 12,509 $ 204,336 $ 81,555 $ (96,215) $ 189,676 $12,509 The other noncurrent liabilities payable from restricted assets relates to the restricted assets that are being held to ensure the availability of funds to pay family self - sufficiency program participants. The $95,000 note payable was issued to Community Redevelopment Agency of Delray Beach on April 23, 2004 in order for the Delray Housing Group to acquire property that Is to be used for affordable housing. The note does not bear interest and principal is not due until 20 years from the date of the note (April 23, 2024). If Delray Housing Group, Inc, continues to operate the property as affordable housing for that period of time, the note will be forgiven. •:: r; • . , The Authority maintains a defined contribution plan for all eligible employees and serves as the trustee. The plan is administered by Intematlonal City Management Association Retirement Corporation (ICMA). (23) 87 NOTE 7 DEFINED CONTRIBUTION PLAN (CONTINUED) The Authority is responsible for establishing and/or amending the provisions of the plan. The Authority is also responsible for establishing and /or amending the required contributions to the plan. Employees are immediately eligible to participate in the }clan upon hire. 100% vested after six years of continuous service in accordance schedule: Years of Service Percent Completed Vesting 0 0% 1 0% 2 20% 3 40% 4 60% 5 80% 6 100% The normal retirement age under the terms of the plan is 59.5 years. Participants become with the following The participant contributes three percent of their earnings to the plan, effective April 1, 2011, the Authority no longer contributes to the plan. Benefits are paid based on the amounts available in the participants account with ICMA. NOTE 8 COMMITMENTS AND CONTINGENCIES The Authority receives a substantial amount of its support from the Federal government in the form of subsidies and grants. If a significant reduction in the level of this support were to occur, it may have an effect on the Authority's programs and activities. Government grants require the fulfillment of certain conditions as set forth in laws., rules, regulations, and grant agreements. Failure to fulfill the conditions could result in the return of funds to grantors. The Authority's management believes that disallowances, if any, would be immaterial. During the fiscal year, the Authority received $2,178,000 in development rights and services fees. The use of the net proceeds are subject to approval by HUD. (24) 88 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL. STATEMENTS MARCH 31, 2013 NOTE 9 LEASES The Authority leases office space for operating the Authority's business_ The Authority entered into a new lease for office space on April 21, 2011. The lease commenced August 1, 2011 and expires on July 31, 2013. Subsequent to year end, the Authority renewed the office lease with a term expiring July 31, 2015. Rent expense for the year was $45,636. The authority also leases a copier and a phone system. Future minimum payments under the operating leases are as follows: 2014 $ 5i,799 2015 52,474 2016 21,496 2017 5,221 2016 958 Total $ 131,948 NOTE 10 RESTRICTED COMPONENTS OF NET POSITION Restricted net position as of March 31, 2013 consists of the following: Restricted for Housing Assistance Payments Under the Section 8 Housing Choice Vouchers Program $ 996,668 Restricted for HUD Approved Uses 2,178,000 Total Restricted Net Position $ 3,174,558 ( 25) 89 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 11 CONDENSED COMBINING FINANCIAL INFORMATION The following condensed financial information is presented to provide additional information on the Authority and Delray Housing Group, a blended component unit of the Authority. Condensed Combining Statement of Net Position As of March 31, 2013 ASSETS CURRENT ASSETS Current Assets Net Capital Assets Interfund Receivable Total Assets LIABILITIES AND NET POSITION LIABILITIES Current Liabilities Noncurrent Liabilities Interfund Payable Total Liabilities NET POSITION Delray Housing Primary Authority Group Eliminations Government $ 3,'166,369 $ 1 87,742 $ $ 3,354,111 2,162,447 694,658 - 2,757,105 186,455 1,488 (187,943) 1- $5,515,271 $ 783,888 $ (187,943) $6,111,216 $ 41,330 $ 26,898 $ - $ 68,228 75,857 101,310 - 177,167 1,488 186,455 187,943 118,675 314,663 (187,943) 245,395 Net Investment in Capital Assets 2,162,447 499,658 - 2,662,105 Restricted 3,174,558 - - 3,174,558 Unrestricted 59,591 (30,433) - 29,158 Total Net Position 5,396,596 469,225 - 5,865,821 Total Liabilities and Net Position $5,515,271 $ 783,888 $ 187,943 $6,111,216 (26) 90 DELRAY BEACH HOUSING AUTHORITY (VOTES TO (FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 11 CONDENSED COMBINING FINANCIAL, INFORMATION (CONTINUED) Condensed Combining Statement of Revenues, Expense, and Changes in Net Position For the Year Ended March 31, 2013 OPERATING REVENUE Net Tenant Revenue Operating Grants and Subsidies - HUD Development Rights and Service Fees Other Revenue Total Operating Revenue OPERATING EXPENSES Administrative Tenant Services Utilities Maintenance and Operation Protebtive .Services Insurance Expenses General Expenses Housing Assistance Payments Depreciation Expense Total Operating Expenses INCOME BEFORE CAPITAL GRANTS Capital Grants Delray Housing Primary Authority Gam® Government 25,783 $ 204,107 $ 229,890 11,787,951 - 11,787,951 2,178,000 - 2,178,000 360,135 1 36 49 1 14,351,869 33 &,003 _ 14,686,872 714,312 224,364 938,676 63,968 - 63,968 2,933 19,816 22,749 10,494 47,191 57,685 - 2,250 2,250 2,311 2,311 (2,457) 15,338 12,881 10,903,645 - 10,903,645 28,004 17,023 � 45,027 11,720,899 328.293 12,049,192 2,630,970 6,710 2,637,680 79,589 - 79,589 Insurance Recoveries in Excess of Asset impairment m 14� 239 14,239 CHANGE IN NET POSITION Net Position, Beginning of Year NET POSITION, END OF YEAR (27') 2,710,559 20,949 2,731,508 2,686,037 448,276 3,134,313 $5,396,596 $$ 460,225 $5,865,821 91 DELRAY BEACH HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 111 CONDENSED COMBINING FINANCIAL INFORMATION (CONTINUED) Condensed Combining Statement of Cash Flows For the Year Ended March 31, 2013 Net Cash From Operating Activities Net Cash From Capital and Related Financing Activities Net Increase In Gash Cash, Beginning of Year Cash, End of Year Delray Housing Primary _ Authority Group Government $ 2,656,241 $ 19,686 $ 2,675,927 24,971 (501) 24,470 2,681,212 19,185 2,700,397 429,726 28,262 457,988 $3,110,938 $ 47,447 $ 3,158,385 The Authority experienced a fire at one of its residential properties located at 518 SW 911' Court in Delray Beach, Florida on March 10, 2013. The unit is longer habitable and will be need to be completely rebuilt. As a result an impairment loss in the amount of $110,584 was recognized as an extraordinary item. The loss recorded equals the book value of the building. The land is still usable and remains on the financial statements at the historical cost. Insurance recoveries were collected subsequent to year end in the amount of $124,823. The resulting net extraordinary gain was $14,239. (28) 92 93 r: It c L Q FQ � y W CTV h• 1 Fv I- d p ti 0 1O [6 Q b N m f0 001 cl !1 t� � N P r r C? LC"p3 tT SCC.cljjj M P o F®- � U 01 to La U Cp t pp Z LLF J m LL q L] RS CV th w [NY N P. 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M 1 r 0 co �a to E ' —9 a? t to tP �t7 �g o er V�Y IER CT lu L �i +a M cl r•:.� ao in L4 w 5 P4 r^ Z to cp Qr s^ .— w ►+ CA w r i cl ui z + 4a 4 rb to f CD 1 r r e 1 9 n 1 1 e p N C .E 03 64 w lV2 ° C1i N •v— •V— popp w E cT `t n CDCp 1 Qi co R CA 1 e l° r C T W rm �q E 41 CM CA CV as CO ��rvy a , P 1 co O 2 [+{ IIw CI} T CO t" T \Y a T E I CV 10 Lo L cc Q IL itr bg r Q ° m Cl) 1 v m C f [q tl Gmon ti CD � Q �r H pop ob c� © ad N V ^ ; IL [V r eF it? dg H-1. Z a°�goo o r r r r r r r r rr c c LL CIP r _ O C N N to M 40 0 0 9 � r r r r r rCl) r r r r T T r 98 M M v N LU to E ' —9 g " o O IER CT lu in L4 w 5 Z Lc N6 z us x 4 a°�goo o r r r r r r r r rr c c LL CIP r _ O C N N to M 40 0 0 9 � r r r r r rCl) r r r r T T r 98 M M v Public Housing Capital Fungi! Program Grants FL14RO83501 -10 Funds Approved $ 310,410 2010 Funds Advanced 188,792 Difference $ 121,218 Fends Advanced $ 188,792 Funds Expended 191,735 Difference $ 2,943 (34) 99 DELRAY BEACH HOUSING • SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED MARCH 31, 2013 See socompanying Notes to Schedule of Expenditures of Federal Awards (35) 100 CFDA identifying Number Number Expended DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DIRECT FEDERAL. ASSISTANCE Public and Indian Housing 14.850 ACC A-4227 $ 49,171 Section 8 Housing Choice Vouchers 14.871 ACC. A -3606 11,647,866 Capital Fund Program 14.872 FL14R083501 -10 98,193 Total Direct Federal Assistance $ 11,795,230 See socompanying Notes to Schedule of Expenditures of Federal Awards (35) 100 YEAR ENDED MARCH 31,2013 The accompanying schedule of expenditures of federal awards presents the activity of all federal awards programs of Delray Beach Housing Authority (the Authority). The Authority's reporting entity is defined in Note 1 to the Authority's basic financial statements for the year ended March 31, 2013. All federal awards received directly from federal agencies as well as federal financial awards passed through other government agencies are included in this schedule. The Delray Housing Group, Inc. does not participate in any federal awards programs. NOTE 2 BASIS OF ACCOUNTING The accompanying schedule of federal awards is presented using the accrual basis of accounting for grants expended. The information in this schedule is presented in accordance with requirements of OMB Circular A -133, Audits of stares, Local Governments, and Non -Profit Organizations. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of, the basic financial statements. (36) 101 e 102 Clw mLareomlera UP wuniu ciiiiar�arson�llen.wm CliftonLarsonAllen INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASER ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners Delray Beach Housing Authority Delray Beach, Florida We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Delray Beach Housing Authority, as of and for the year ended March 31, 2013, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements and have issued our report thereon dated September 12, 2413, Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Delray Beach Housing Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing an opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Delray Beach Housing Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Delray Beach Housing Authority's internal control. A deficiency In internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficlencies, in internal contrul that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. (37) 1477SLIFA7'IONAI. 103 Board of Commissioners Delray Beach blousing Authority Compliance and Other Matters As part of obtaining reasonable assurance about whether Delray Beach Housing Authority's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be repoited under Government Auditing Standards. Purpose of this Deport The purpose of this report is solely to, describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. CllftonLarsonAllen LLP Lakeland, Florida September 12, 2013 (3$) 104 CliftonL.araorAlien LLP www.diftonla=nalon.com INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A -133 Board of Commissioners Delray Beach Housing Authority Delray Beach, Florida Report on Compliance for Each Major Federal Program We have audited Delray Beach Housing Authority's compliance with the types of compliance requirements described in the OMB Circular A -133 Compliance Supplement that could have a direct and material effect on each of Delray Beach Housing Authority's major federal programs for the year ended March 31, 2013. Delray Beach Housing Authority's major federal programs are identified in the summary of auditors' results section of the accompanying Schedule of f=indings and Questioned Costs. Management's Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs. Auditors' Responsibility Our responsibility is to express an opinion on compliance for each of the Authority's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted In the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB, Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit Includes examining, on a test basis, evidence about Delray Beach Housing Authority's compliance with those requirements and performing such other procedures as we considered necessary In the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination on Delray Beach Housing Authority's compliance. An Wepmdvd rroei�wdNmMsl+mmrvesd Nxesynxat 1 (39) 105 Board of Commissioners Defray Beach Housing Authority Opinion on Each Major Federal program In our opinion, Delray Beach Housing Authority complied, in all material respects, with the types of j compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended March 31, 2013. i Report Internal Control Over Compliance Management of Delray Beach Housing Authority is responsible for establishing and maintaining effective internal control over compliance with types of compliance requirements referred to above. in planning and performing our audit, we considered Delray Beach Housing Authority's internal control over compliance with the types of requirements that could have a direct and material effect on a major federal program to determine the auditing procedures that are appropriate In the circumstances for the purpose of expressing our opinion on compliance in accordance with OMB circular A -133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of Delray Beach Housing Authority's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness In infernal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A signXicant deficiency in Internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Purpose of this Report The purpose of this report on Internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the result of that testing based on the requirements of OMB Circular A -133. Accordingly, this report is not suitable for any other purpose. Clifton LarsonAllen LLP Lakeland, Florida September 12, 2013 (4b) 106 DELRAY BEACH HOUSING 4: Financial Statements Type of auditors' report issued Unqualified Internal control over financial reporting Material weakness No Significant deficiency identified not considered to be material weakness None Reported Noncompliance material to the financial statements noted No Federal Awards Program Intenal control over compliance: Material weakness No Significant deficiency identified not considered to be material weakness None Reported Type of auditor's report on compliance for major programs Unqualified Any audit findings disclosed that are required to be reported in accordance with Section .514 (a) of Circular A -133 No Dollar threshold used to determine Type A program: $ 353,857 Auditee qualified as low -risk auditee yes Identification of major programs: Federal Pra ram QFQA Section 8 Housing Choice Vouchers Program 14.871 {41) 107 Amendment Part E —List of Board Members Delray ac Housing AuthQriU Board of Commissio rs • Joseph Hepp, Chairman • Choli Aronson, Vice Chairman • Christel Silver, Commissioner • Sylvia Morris, Commissioner • Guarn Sims, Commissioner • Marcia Beam, Commissioner • Gaston Joseph, Commissioner Del my Housing r Inc. Board of Directors • Choli Aronson, Chairman • Joseph Hepp, Vice- Chairman • Sylvia Morris, Director • Christel Silver, Director • Guarn Sims, Director • Marcia Beam, Director • Gaston Joseph, Director 108 Amendment Part F — Litigation The Delray Beach Housing Authority and the Delray Housing Group, Inc. have not been involved in any past and/or pending litigation or disputes relating to work described in this RFP within the last five (5) years. 109 Amendment Part G: �trk CI tonlaaw4en LLP ww wdiftorUmnalmo m INDEPENDENT AUDITORS' REPORT Board of Commissioners Delray Beach Housing Authority Delray Beach, Florida Report on the Financial Statements We have audited the accompanying financial statements of Delray Beach Housing Authority the Authority), as of and for the year ended March 31, 2613, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. Management's Responsibility of the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements In accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair Presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also Includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion, �^Iof lntemnlanol 1NT8AHA51tlN AL 0 j 110 Board of Commissioners Delray Beach Mousing Authority Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Authority as of March 31, 2013, and the respective changes in financial position and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other [utters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management Discussion and Analysis on pages 4 -11 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information In accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the Information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the Information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying supplementary financial data schedules and schedule of grant status are presented for purposes of additional analysis as required by the United States Department of Housing and Urban Development and are not a required part of the financial statements of the Authority. The accompanying schedule of expenditures of federal awards is presented for additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and is not a required part of the basic financial statements of the Authority. The supplementary financial data schedules, schedule of grant status and the schedule of expenditures of federal awards are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied In the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records Used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted In the United States of America. In our opinion, the supplementary financial data schedules, schedule of grant status and the schedule of expenditures of federal awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole. (2) H Board of Commissioners Delray Reach Housing Authority Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued a report dated September 12, 2013, on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing standards in considering the Authority's internal control over financial reporting and compliance. ,. Lakeland, Florida September 12, 2013 (3) MW Amendment Part H —WBE /MBE /DBE Not Applicable 113 Amendment Part I — Affirmative Marketing Plan A formal marketing plan is not needed considering the services that the Delray Beach Housing Authority provides are generally known to all interested participants. In lieu of a Marketing Plan, the Delray Beach Housing Authority maintains an applicant waiting list database for Section S and Project Based housing programs. Potential participants can be reached based on a number of search criteria such as income. Forms of notification for housing availability are generally through advertisements in the local media, posted in the lobby area of the Delray Beach Housing Authority offices, posted on our website (http : / /www.dbha.org) and informing various community contacts and affordable housing partners. 114 —n-RUG FREE WORKPLACE CERTIFICATION RFIP No. 02-2014NS If Identical fie bids exist. preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug f*ee workplace In accordance with Section 287.067, Florida Statutes. The drug -free workplace preference Is applied as follows: QgNTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, Quality, and service are received by the State of by any political subdivision for the procurement of commodities or contracival services, a bid received from a business that certifies that it has implemented a drug free workplace program shall be given preference In the award process. Established proosdwea for processing tie bids will be followed If none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and spewing the actions that will be taken against employees for violations of such prohitiltion. 2) This firm informs employees about the dangers of drug abuse in the workplace, the buainese's policy of maintaining a drug free wortcppiaos, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in soon (1). 4) In the stdoment specified In subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are undar bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any oonviction of, or plea of guilty or nolo c ontendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such convictlon. 5) This firm Imposes a sanction on or requims the satisfactory participation in a drug abuse assistance or rehabiilkatfon program if such Is available In the employee's community, by any employee who Is so convicted. 8) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Dorothy Ellington 11/18Z13 Conb-� blame 1300 BONE OF SILENICE RFP No. 02 2014NS The Palm Beach County lobbyist Registration Ordinance (Sections 2 -359 through 2457 of tim Palm Beach County Code of tTdinances) is applicable in the City of Delray Beach. Sedw 2.355 of the Palm Beach County Lobbyist Registration Ordlnanc a Includes a "Gone of 911ence" provision that liml B communication during the Cityi+'s procurement process In regard to this RFP, Which provides as foll xw. 111M. 2-365. Como of silence, (a) Cone of silence means as prohibition on any communication, apt for written correspondwm, Warding a particular request for proposal, request for qualification, bid, or any other competitive solialtaW between: {1) Any parson or person's representativs seeking an award from such competitive solicitatlon; and (2) Any county commisWoner or commissioner's staff, any member of a local governing body or the members staff, a mayor or chief examOm oMosr that Is riot a member of a local governing body or the mayor or chief e> acutive officefa staf4, or any employee aruthnrited to act on behdf of the commission or local governing body to avant a particular contract - (b) For the purposes of this section, a person's representative shall include but not be llm ted to Be person's employee, partner, officer, dlrector, consultant, lobbyist, or any actual or potential subooftacior or consultent of the person. (c) The cons of s1krace shell be In ~ as of the deadkna to submit the pmpmel, bid, or oftr response to a rompatitiue solicitation. The cone of silence applies to any person or per's repo rrtstive who responds to a particular request for propel, request for quWcation, bid, or any other aornpedtive solicifHon, and shall remain In ~ urd such r+esporma Is either mjacted by ale county or munlcipaaiity as applicable or withdrawn by the person or person's reprssentaW& Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to #4 ardole. (d) The provisions of this article shall not apply to oral co rnrrunlosdona at any public pnxeading, Including pre -bid conferences, oral presentations before askatlon eommltleee, and contract negaitations during any public meadrrg, presentations made to the board or local municipal goveming body as applicable, and protest hearings. Further, the none of silence etll not apply to contract negotiations between any employee and the Intended awardee, any dispute resolution pracass fbilowing the filler of a: protest batv►►een the person filing the proW and a* employes, or any written oorraesporadenoe at any time with any employee, county oorrerrissfoner, member of a local murk governing borfir, mayor or chief executl that Is not a member of the local municipal goveming body, or aadvi=y board member or ealection co mmlitee member, unless speeWmIly prohebiitmai by the applicable competitive solicitation mss. (a) The corm of silence shall not apply to any purchases unmade in an amount less then the competitive bid threshold sat forth In the county purctmaing ordinance (County Code, chapter 2, artlde loll, dMsion 2, part A, mono 2 -51 et seq.) or mwnidpal ordinance are a pplic able. (f) The cone of silence shall iaartr* to at the thne the board, local municipal governing body, or a county or municipal depar#ment submtred to act an beW of the b=M or local municipal governing body as applicable, awards or approves a contueet, rejs all bids or responses, or otherwise takes action which ends the solicitation process. (q) Any contract entered into In vldabw of the cone of silence proftme in this season shah render the transaction voidable. Dorothy_ Ellington r 11/�B/13 Contra ckes iVwm Mite INVOMMiTY!"IOLn HARMLESS AGREEMENT RFP No. 02- 2014NS Contractor shall, In addition to any ether obligation to Indemnity the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, acdons, liabilities, losses (including economlc losses), and costs arising out of any (bodily Injury, sickness, disease or death, or injury to or destruction of tanglble property including the lass of use resulting t -from, or any other damage or loss caused by any negligent act, error or omission, reckkuness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any lirhita on on the arnount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any conhW or agreernerd or under worker's compensation ate; disability benefit acts, other employee benefit acts or any staWtory bar. Any cost of expenses, including attorneys fees, appellate, bankruptcy or defense counsel files Incurred by the City of Delray Beech to enl'broe this Inclemnikation clause shall be bome by the Contractor. The obligations contained In this Indemnification Clause shall continue indefinitely and survWe the cancellation, termination, explradon, lapse or suspension of this agreamenL Dorothy Ellington 11/18/13 Cor"s Neale S Date ��m eel Conflict of lntereat Statement STATE OF Florida COUNN OF Palm Beach Before me, the undentoed authority, personally appeared November is, 2 013 . who wn duly sworn, deposes, and e#ates: A. I am the President/CEO Of Delray Beach Housing Authority, %dth a tonal Offwe In and prinolpal otte in Delray Beach Said enity Is submitting this proffer to RFP4Q- 2014NS, Mled; ItMeI and Hornebuyers Disposhlon Servers tar the Neighborhood Stablli n PqM (NSP). B. The AFFIANT has made diligent Inquiry and provlded the i¢rf oration In #his Wement aMM based upon its full knowledge. C. The AFFIANT stft that only one submittal far this solicitation has been submitted and tendered by ft appropriate date and time and that sold abows stated entity has no financial inkmt In other entities subm!" a proposal for the work o*Wipiatad hereby. D. Neither tine AFFIANT nor the above netnsd entity has directly or 1ndimdly enbenx! into any agreement, participated In any oolluslon or collusion activity, or otherwise Taken arry action which in any way m or reskalnt the oonpedd" nature of this solicitation including but not limited to the prior discussion of terms, conditions, priiaing, or other offer parameters reWlried by this soliidia#lon, F. NeRher the entity nor its Webs, nor anyone associated with them, Is presently suipended or otowin pmhlbr%d from participatlon In [his solicitation or any contracr V to follow there r by any government. F. Neither the entity nor its Metes, nor anyone assoclaW with thmn, have any potential conflict of interest because and due to any other diems, oonMift, or property interests In this sokboon or the resulting project. G, I hereby also certify that no member of ft entity's owirership or many neat or stag has a vested intern in any City Office, DepaMat, or Mice, H. ! certify that no member of the entlty's orenerslhip or management is presently applying, alvely see*q, or has been selected for an eledted position within City of Delray Bch government. I. In the event that a conflict of interest is ldenttfled in the provision of services, 1, the undersigned will Immediately notify the City in writing. Dated th ' 18th day of November � 13 ,.... � AFFIANT Dorothjyl 1iton President /CEO TyPd Name of AFFIANT 5bie NOTARY: STATE OF) "�Gn � v COUNTY OF) i�104 �Y kh, Sworn and Sub atinld before Mee this day of Permally known: Or Prodwed Idf Ificatlon: Notary Public - State of I won Enp w. 1, J j 20 PLEASE COMPLETE MD SU13MIT WITH PROPOSAL JAKELEEN FERNANDEZ Notary Public • State of Florida My Comm. Expires Apr 11, 2014 Commission # DD 980607 > »a llure to submit this form with your PROPOSAL ray disqualify your mponse, -«-c Ashtti 6 Acceptance of Propel Terms and Conditions Vwe, the undeu*ed, do hereby ampt in total all the terms and conditions OulaW and mbwwW In this RFP docunwt and dh hereby agree drat 9 a contract Is dtbed or m aced k will abide by the arW oondgions pmwntad in the RFP document or as negotiated pursuant there . The spature(s) below are an admowi meet of mykw ful understanding and acoeptenoe of all ft few arrd w dificris set forth in this RFP document or as otherwise agreed to between the paft}ae in w ting. Lion Party ignatc m President CEO Tide Dorothy Ellington Cant vdng Parly Prf W Name November 18, 2013 MailingAddit5: 701 SE 6th Avenue Suite 201 Delray Beach, FL 33463 Phone/1=ax/ marlAddress :561- 272 - 6766/561 -276- 4937.dellin,gton@dbha.org NOTARY: STATE OF Florida i COUNTY ()F. Palm Bea,q Sworn and Subscribed beFore me this lath day of November 2a 113 Personally known: Or Produced Identificaflon: Notary Public - State 0 mission Expires: Authorbed Si natu Date: i -- - JAKELEM FERNARM Bbluy P0110 - RMS of FraNdt MY COMM. Explw Apr », 2014 l i p m r0. »�silue to submit this FSquaftVMw � llM wo-ah M Iii ROD 04—, E FOR! PLE"E AFFIX SKMTURE WHERE The unders4pW bidder auffes that this bid paA&V is submkW in ac=dw= wide ft gwffic ivn in its entire aced with full - imdemMding of the owditions governing this bid. Delray Beach Housing Authority /Delray Housing Group, Inc. *Name of Bidder (Firm Name as Registered With their Sate of origin) Bu Ines Addr+eas: 701 SE 5th Avenue Suite 201 Street Addre (P.O. Boa Address is not parrmitt Delray Beach, Florida 33433 City, Site, Lip Maplina Ad_ dry: [M Check If Same as Suslnese Address above SOW Address CRY, State, Zip Authorized Signature (Wrlftn) Dorgthy Ellington, President /= Print Name and Title of Person Signings this Farm Date 18, 2013 551- 272 -6766 561 -273 -4937 FOX Email Add, of AUthorlze! Signec dell ington @dbha , org VENDOR SERVICE REPRO- SENTATIM& CONTACT CONTACT NAME: Jakeleen Fernandez TELEPHONE: 5 61 272--6766 EMAIL ADf3RESS: I fernandez @dbha . org N/A AfteshIMMM "PIP yy W Minority Owned BGWAsn. 0 Bladr ❑ HIspentc [] Woman ❑ Other We. the umderelgred have dwAlned to Bald on .f1d ft AgiS due to be fallavft nor ): Plem k below., ,,,�E.. �,,p,, �� ❑ Sper�e ns lots "tight", tee., geared bward brarad or only (e�rleln �+abo ❑ IrMufildM t time tO req=W to the lmft ti n tD Bid ❑ We do not of*( this product or an e$ lent 0 Our product schedule would net point us to perform ❑ Unable to maet aped#icaftm ❑ UnaMe to meat bond mquir+aments Cl SpeMMiions un r (explain below) ❑ Other fte* Belo" SIGNATURE. DATE: N/A t 4) What is 5) BesW on your cuanent woftme, how many employs are rmWenb of Pelmy Beach? Thank you for your pardelpoon in this our ey. Date RFP No. 02- 2014NS RENTAL & HOMEBUYERS DISPOSITION SERVICES ANNUAL CONTRACT SUBMISSION DEADLINE: NOVEMBER 19, 2013 AMENDMENTS: Part A Non - Profit Charter or similar document from the State of Florida Part B I.R.S. letter recognizing organization as a non profit Part C Copy of the latest federal tax return (IRS Form 990) Part D Copy of the most recent audit and current financial statement Part E List of Board of Directors Part F Litigation Part G Financial information - letter from Auditor Part H WBE /MBE /DBE Part I Affirmative Marketing Plan 3. DISPOSITION for HOMEBUYER PROGRAM 3A. HOMEBUYER PROGRAM EXPERIENCE 3B. PROGRAM OPERATING PLAN 3C. POINTS FOR OTHER FUNDING 3D. TIE BREAKER AMENDMENTS Part A Non - Profit Charter or similar document from the State of Florida Part B I.R.S. letter recognizing organization as a non profit Part C Copy of the latest federal tax return (IRS Form 990) Part D Copy of the most recent audit and current financial statement Part E List of Board of Directors Part F Litigation Part G Financial Information - letter from Auditor Part H WBE /MBE /DBE Part I Affirmative Marketing Plan ATTACHMENTS A. INSURANCE REQUIREMENTS B. CONFLICT OF INTEREST STATEMENT C. ACCEPTANCE OF PROPOSAL AND CONDITIONS D. ADDENDUM ACKNOWLEDGEMENT E. BID SIGNATURE FORM F. STATEMENT IF NO BID OTHER DOCUMENTS 1. DRUG FREE WORKPLACE CERTIFICATION 2. CONE of SILENCE 3. INDEMNITY/ HOLD HARMLESS AGREEMENT DELRAY BEACH, COMMUN" LAND TRUST, $nc, 145 S W 12t 3 avenue Delray Beach, FL 33444 www.deiraylandtrrust.org .deiraylandtrrust.org November 15, 2013 City of Delray Beach Purchasing Department Attention: Purchasing department 100 NW ft Avenue Room 202 Delray Beach, FL 33444 Re: Rental and Homebuyer Disposition Services RFP 902- 2014NS To Whom It May Concern: Please acknowledge that this letter represents the interest and possible opportunity to provide the Rental and Homebuyer Services as outlined in the RFP #02- 2014NS. We look forward to every available opportunity to perform on behalf of the City of Delray Beach. Past performance includes the management of the LaFrance and Carolyn Quince Court Apartments, with currently serving as ground lease holder/ property manager of the Palm Manor Apartments (25 units) and the SW 12th Avenue Duplexes (10 units)and managing single family home rentals owned by the Delray Beach Community Land Trust (DBCLT). We bring to you no "learning curve" which benefits the City and all future homebuyers and tenants. The DBCLT Board and Staff strive to carry out responsible management and excellent professional practices of housing management. Our qualifications meet the City's needs, and as we continually demonstrate with developing and managing over $5.2M in assets, we are capable of delivering solutions and exceeding your expectations. Staff posses' skill sets provided by Florida Housing Core Curriculum, National Community Land Trust Training Academy and the NeighborWorks Training Institute. Since inception the DBCLT has developed over thirty -nine (39) vacant lots, sold sixty -three (63) quality single family homes, three (3) Town Homes and manage forty (40) rental units. We will continue to demonstrate beyond any reasonable doubt our professional ability to perform and render all services required expeditiously if awarded the annual contract. Please feel free to contact me if you have any questions or concerns regarding our proposal. Respectfully, f � i Evef`yn S. bson, Executive Director t BEACH, 145 SW 12T" AVENUE DELRAY am WWW.DELRAYLANOTRUST.ORG I Part .1 APPLICATION FORM Prop os er|rto rm ati on: u one nrboth programs but must hn the same entity Kboth programs UNu&vontures/co-app||cmnts are riot oUVhle): Rental Properly (Wk/-famUyuudfbr Single HandlA __l�__ Homeownership (scattered single family and/or duplexes) k V. enomom GitV1 -State I zip -5 m f. *Contact Person; C Is the contact pers on a consultant Yes No If so, list efMcfive dale of consulting services: *AddNoflal0ohtut Pei-son: Program Type: (If applying for more than one program anti if different contact person Uotedabove-specify Address CKy--____State ___ Zip ____ Phone No. Fu fS the contact persona consultant Yes __No__ If so, list effective date nf consulting nonvideu Authotization (Please providoflarne and title of duty authodzed representative): Cit State Zip el 0-/ YIL(T- SIGNATURE Date k? 15 V RENTAL PROPERTY MANAGEMENT EXPERIENCE STAFF NAMES /RESUMES Euelyn S Dobson,'Execu,�ve Director t Ms. Dobson served as DBCRA commission during the start -up of the Delray Beach Community Land Trust and was one of the original board of the directors. She began employment in January of 2007 with the DBCLT as Operations Manager. In November of 2008 became Interim Director. As Executive Director her role encompasses a broad range of responsibilities. She oversees all aspects of day -to -day operations and staff, recommend and implement adopted organizational policies and procedures, coordinate and evaluate housing program projects and services, ensure financial accountability and compliance of management and contractual agreements, statutory and regulatory requirements, and guidelines. She collaborates with partners and affiliates. Additionally, she has over 25 years of previous experience in the private sector; 8yrs. finance, 4yrs. for profit development and 18yrs. property management. PROFESSIONAL TRAINING: Lending Basics for Homeownership Counselors Introduction to Housing Counseling Nuts and Bolts of Asset Management Rental Housing Development Finance Acquiring and Managing Scattered Site Rental Housing CERTIFICATES OF COMPLETION AND HONORS: Managing Your Nonprofit for Results Planning for your Community's Affordable Housing Needs Enhancing Your Housing Strategies Creating and Sustaining Affordable Housing For Long Term Affordability Managing Organizational Change for Nonprofit Leaders Getting Governance Right NeighborWorks Training institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition NeighborWorks Training Institute Florida Housing Coalition Florida Housing Coalition Florida Housing Coalition Nonprofits First Junior League of Boca Raton Gerecia Edmond,;Homing" Manager Since March 2006, Gerecia Edmond has diligently streamlined the sales and leasing of properties owned and managed by the DBCLT. Mrs. Edmond educates clients on the benefits of home ownership, review potential home buyer options, coordinates the sale of all homes, builds solid relationships with our bank partners, manages the allocation for local and state subsidy dollars and manages post - closing education and support services. Additional responsibilities include reviewing rental options with applicants; preparation and execution of lease agreements, prepare marketing materials, process payroll and human resource activities. She assists approved clients with interior finishes and exterior color choices coordinate site and homeowner maintenance, property management functions and other assigned task. Additionally, she has over ten years of sales and customer service experience. PROFESSIONAL TRAINING: Nuts and Bolts of Asset Management for Asset Managers NeighborWorks Training Institute Counseling Borrowers Who Purchase REO Properties NeighborWorks Training Institute FHA- Insured Loans: An Affordable Mortgage Option NeighborWorks Training institute Acquiring and ManaRina Scattered Site Rental Housini Florida Housing Coalition I RENTAL PROPERTY MANAGEMENT EXPERIENCE CERTIFICATES OF COMPLETION and HONORS: Planning for Your Community's Affordable Housing Needs Florida Housing Coalition Enhancing Your Housing Strategies Florida Housing Coalition Counseling Clients Seeking Rental Housing NeighborWorks Training Institute Expanding Homeownership Opportunities- NeighborWorks Training Institute The Lease Purchase Approach Homebuyer Education Florida Housing Coalition Ahmed J'. Burton, Homebuyer Coordrnator Ahmed Burton began employment with the DBCLT in October of 2006. As Homebuyer Coordinator, he is primarily responsible for applicants data base, screening and assessment of all housing applicants (LEASING AND HOME BUYER), prequalification for renting and purchasing, assist Sales Manager with pre and post purchase orientations and workshops, package loan applications for lender approval, obtains necessary document for submission according to down payment assistance providers program requirements to the City of Delray Beach staff and other organizations. He assists with site and homeowner maintenance, property management functions and other assigned task. Additionally, he has over three years' experience in public education. PROFESSIONAL TRAINING: Credit Counseling for Maximum Results Certified Housing Counselor Lending Basics for Homeownership Counselors Post Purchase Education CERTIFICATES OF TRAINING and HONORS: Understanding Credit Scoring Understanding The Income Qualification Process Planning for Your Community's Affordable Housing Needs The Development Process Creating and Sustaining Affordable Housing for Long Term Affordability NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition Florida Housing Coalition Florida Housing Coalition Florida Housing Coalition 2 RENTAL PROPERTY MANAGEMENT EXPERIENCE Projects Manage and Unit Info In line with our mission, since 2007 the DBCLT continues to provide an array of affordable rental housing options to qualified very -low, low and moderate income households within the City of Delray Beach. DBCLT SINGLE FAMILY HOME RENTALS AND LEASE PURCHASE PROGRAM (6 units) The Delray Beach CLT has previously and currently manages the following single family homes: 1) 2BR rental since 2007- 313 SE 511, St 2) 3BR lease purchase in 2007 and Sold -202 SW 1211, Ave 3) 4BR rental since 2003 -208 SW 151h Ave 4) 3BR lease purchase since 2012 -40 NW 121h Ave 5) 3BR rental in 2013 -115 SW 91h Ave 6) 3BR lease purchase in 2013 -49 NW 13th Ave CAROLYN QUINCE COURT AND LaFRANCE APARTMENTS The Delray Beach CLT successfully managed the DBCRA owned Carolyn Quince Court -9 units located at 133 NW 51h Avenue and The LaFrance Apartments -14 units located at 140 NW 41h Avenue from January through June 2008 with the responsibilities of; marketing, screening applicants, completing files for review by the City of Delray Beach staff, executing leases, collecting rents, security deposits and preparing monthly reports. PALM MANOR' APARTMENTS Since 2010 the Delray Beach CLT serves as the ground lease holder of the renovated Palm Manor Apartments (25 units) located at 31, 39 and 45 SW 91h Avenue with the responsibilities of; marketing, screening applicants, completing files for occupancy, executing leases, collecting rents, and security deposits, maintenance and preparing monthly reports. Complex is currently at 100% occupancy. 4 Units Extremely Low Income Households 8 Units Very -Low Income Households 13 Units Low Income Households SW 1211, Avenue Duplexes Since August 2013 the Delray Beach CLT serves as the ground lease holder/property manager of the newly renovated duplexes located on SW 1211, Avenue -10 units with the responsibilities of; marketing, screening applicants, completing files for occupancy, executing leases, collecting rents, and security deposits, maintenance and preparing monthly reports. Complex is currently at 100% occupancy. 2 Units Extremely Low Income Households 4 Units Very -Low Income Households 4 Units Low Income Households ct ji .42 Z3 't) 1 19 LTZ 1 4-j r-4 4-j "i4 O"N C� �St Z"-1 79 0 M R yy 18- co� a �® bi) UD C. DIE �-Q Z CIO PZZ 'ZI 00 4 Z 1 1 71, C_) CYO 14�1 CS UP Q (rl IM r�z IN 9 �o P-I.Q na 1%3 -.1 161- i4 TO L M N -4 0 as T-71 • Q6� 12 IZ f�. I "'a v c A fi E �V. U J G ws .y C F` NZ0 ti N i [S3 ®� O Q f!] OJ U F } 2 rr r- t� P5�- 4z 7�L- tN ad 17 14 F. IC7 ii - _D C r 0 W AIR yr 4ti w �C S r C3 � Lt w .L ® ® ®®� p� 11ci,, W U O N CC3 U � QI -� CT O � s k) . ..... �Hy.. i�`" "1 yr 4ti w �C S r C3 � Lt w .L ® ® ®®� p� 11ci,, W bl) Lu Z 1+- -0 p, uj (Ii ct bf) 03 7j Lu Z 1+- -0 uj (Ii w 13 Ii �j F4 s �. ll� �o 7-3 o� �a ai C3 �' -Ij -11 rSy CD ti Sri 1�0 fti I1 I PROGRAM OPERATING PLAN The Delray Beach Community Land Trust (DBCLT) Rental Operating Plan ensures the following processes as landlord, property manager and /or agent: 1. Application Process: a) Distribute applications with all required forms and Checklist (attached) b) Application Fee - $50.00 with completed application c) Send out all applicable request and verification forms d) Conduct screening of prospective applicants which includes review of credit reports, background checks and employment verifications to determine approval or denial e) All denied applicants notified via mail Reasons for denial: 1. Credit report guidelines rules and criteria -no more than 2 collections 2. Felonies —less than five years of conviction 3. Registered and /or convicted sex offenders 4. Gross monthly household income greater than 50% of AMI (Vote: File submitted to Executive Director for final approval 2. Lease Process: a) The Lease, Community Policy Guidelines and Parking Regulations are prepared, completed then reviewed with tenant (s) and executed b) Review the following lease details Late Fees - $25.00 on the sixth day of month and $5.00 each day thereafter until paid Partial Payment Policy —partial payments not accepted Payment of Rent — must be submitted in the form of Money Order or Cashier's Check c) Execute lease for terms not in excess of one (1) year d) Provide copy of executed lease along with Florida's Landlord Tenant /Law pamphlet 3. Lease Renewals: a) Notice mailed 30 days prior to lease expiration b) Follow -up with the tenant 15 days after noticed c) Obtain an executed Background Check agreement d) Unit Inspection e) Prepare new lease agreement along with acceptable verifications and submit to the Executive Director for final approval prior to the renewal date f) Execute lease renewal agreement Program Operating Plan The Delray Beach Community Land Trust shall provide adequate staff to provide all of the services, as outlined in the Scope of Services. All staff shall be employees of the DBCLT. All contractors, subcontractors and laborers shall be properly insured and all costs relating to their services shall be the responsibility of the DBCLT. t. MANAGEMENT, ADMINISTRATIVE, AND CLERICAL A. Personnel The DBCLT shall supervise personnel for the management, operations, maintenance and repairs of properties managed; enforce the Rules and Regulations relating to the use of the properties tenants, their families, and guests, and to arrange for the payment of rents and security deposits as stated in lease agreements. B. Oversight Such person may be paid by the DBCLT to properly maintain and operate the properties transferred to the DBCLT. C. Procurement Procedure In order to obtain services for the properties at the most reasonable cost to the DBCLT, we will submit major contractual services in bid form. Bids will be reviewed by the DBCLT for review and approval, prior to selection. This process is intended to ensure that the DBCLT will receive major contractual services at the most competitive rate. The DBCLT will define exact costs, by line item, all services for future planning. D. Service Contracts /Work Orders All service contracts will be in the name of the DBCLT for furnishing of exterminating, lawn and landscape maintenance, repairs or structural improvements or any other services for which we may be responsible, and with architects or engineers as may be required for the planning and supervision of alterations or improvements made, or proposed to be made to the properties, and such other services as the DBCLT as Property Manager and /or as owner of properties shall deem to be in the best interest. The DBCLT will purchase all supplies and equipment reasonably necessary to properly maintain properties. The DBCLT shall prepare work orders for all work to be performed on properties. Maintain a complete log of all service calls registered with office staff. E. Enforcement of Regulations The DBCLT shall establish maximum rents charged for the properties managed and /or transferred pursuant to the current FMR (Fair Market Rent) as published annually by HUD for Palm Beach County, Florida. The DBCLT will ensure that rents are affordable to tenants at 50% of AMI established pursuant to S.H.I.P. guidelines and the Florida Housing Finance Corporation for West Palm Beach — Boca Raton MSA and to the extent permitted by law. Consider, and when reasonable, attend to complaints of tenants. If the DBCLT shall deem any complaint unreasonable, it shall advise the legal representative of the nature of the complaint and the reason that, in our opinion, such complaint is unreasonable. F. On -Site Inspections Assigned staff will inspect all sites as required to insure all services are provided as contracted for; no less than two inspections per year will be made. Supervision shall be provided of all service providers by DBCLT assigned staff (Housing Manger). The Housing Manager will be subject to direct supervision by the Executive Director. G. Attendance at Meetings The DBCLT shall have a representative attend regularly scheduled meetings as by required by the City. H. Emergency Service The DBCLT shall provide after hours emergency service for the properties managed and /or transferred seven (7) days a week, twenty -four (24) hours a day. 1. Miscellaneous All calls made by tenants to the emergency line are to be returned within twenty -four (24) hours and logged by date. The DBCLT staff will return calls to provide appropriate resolution of any problems or concerns. J. Insurance /Indemnification The DBCLT will provide confirmation of all insurance coverage's as required by City. The DBCLT agrees to protect, defend, and hold harmless the City against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges and other expenses or cost in connection or arising directly out of the work agreed to be performed, to the extent caused by negligence, recklessness or intentional wrongful misconduct of the Managing Agent, its employees and subcontractors. The City shall be named as an additional insured on all applicable policies and the DBCLT as owner of all properties shall ensure sufficient coverage. K. Coordination with Other Professionals The DBCLT shall consult, if necessary, with City Staff or Department Heads, and aid in preparation of all reports and returns required by law to be filed with any governmental authority, 3 L. Compliance with laws The DBCLT shall take such action as may be necessary to comply promptly with any and all orders or requirements of any federal, state, county, city, district or other authority, having jurisdiction over the properties. M. Lease UP The DBCLT shall market all properties; post "For Rent" signs as needed and update information on our website (www.delra iandtrust.or ). In addition we will: • Screen applicants; which will consist of obtaining and reviewing credit reports and background checks • Ensure files for all properties are reviewed prior to execution by the DBCLT Executive Director • Provide procedures for collecting rents and all other receipts according to the terms of contractual agreement • Will maintain a current rent roll of all tenants and provide a monthly Activity Report, or as required by contractual agreement. II. FINANCIAL RESPONSIBILITIES A. Accounting of Books The DBCLT will maintain books, records and accounts that accurately reflect all revenues earned and other funds received, expenses incurred and disbursements made for properties managed and /or transferred. Bill rents and all other charges incurred by tenants, and collect all rents and other charges which may be due. The DBCLT will record all receipts as received for any and all rents, other charges and other revenue generated. In the event that the payment of any rents or charges due for the properties managed and /or transferred may be in default, the DBCLT will arrange for such legal action as may be required in accordance to the lease agreements and enforce any and all rights which the DBCLT may have against the tenant who is delinquent in payment of rents or charges. All books and records will be made available for examination by the City during reasonable business hours upon advance notice. All bank accounts shall be maintained by the DBCLT with a bank whose deposits are insured by an agency of the federal government and shall be placed in accounts styled to indicate the custodial nature thereof. Operating, security deposits and all other cash accounts deemed necessary will be set -up in the name of the Delray Beach Community Land Trust. Surplus funds are to be returned to the City as program income. B. Verification Accounting Clerk will review and present to Executive Director all bills received for services, work, supplies, equipment, tools, appliances, materials and similar items ordered in connection with maintaining and operating the properties managed and /or transferred. 4 C. Disbursement of Funds The DBCLT will prepare all checks for payment of expenses semi - monthly and cause to be paid all such bills promptly when the same become due. The DBCLT Executive Director will authorize payment of all expenses. In the absence of Executive Director, the DBCLT Treasurer will authorize payment of expenses. D. Financial Report The DBCLT will prepare and render monthly and year -end financial statements inclusive of all revenue and expenses relative to properties transferred. Statements shall be prepared on the accrual basis and delivered to the City in accordance to the contractual agreement. These statements will include a balance sheet, statement of revenue and expenses including budget vs. actual income and expenses on a monthly and year -to -date basis, and all other required reports. All accounting and controls will conform to the standard industry guidelines and to General Accepted Accounting Principles (GAAP) and in accord with any other requirements of agreement. E. Budgets The DBCLT will develop an annual proposed budget for the properties managed and /or transferred. E 1. Eligibility Requirements: You must answer "yes" to all of the following questions in order to submit an application : • I (we) plan to purchase a home subject to a 99 year ground lease from the DBCLT. • I (we) have a stable source or sources of income that can pay for a 30 -year fixed rate mortgage at Market interest rate (estimated minimum annual gross salary to meet this criteria is $35,000.00). • Minimum credit score of 575 • Any credit challenges I (we) have can be resolved within 24 months. • I (we) have the required reservation deposit in the amount of $1,000.00 to be held in escrow bythe Delray Beach Community Land Trust and used toward the purchase of home. An additional $3,500.00 is required within the first twelve months of the lease. (Non- refundable if home isn't purchased) • My (our) annual household income does not exceed the following amount based on household size: Household Size Maximum Income 1 person $57,720 2 person $66,000 3 person $74,280 4 person $82,440 5 person $89,040 6 person $95,640 2. Complete and submit Homebuyer Application including the following: • Copy of Driver'(s) license for all adults • Social Security Card for all household members • One month of paycheck stubs • Employment Verification • Last Three (3) months of all bank accounts • Most recent Investment Account Statement • Prior two year Tax Return & W -2's • Documentation relating to any unresolved (or recently resolved) credit issues • Non - refundable application fee of $50.00 3. Mandatory- Attend a Delray Beach Community Land Trust orientation and scheduled pre- purchase (Visit www.delraylandtrust.org or call 561 -243 -7500 for orientation information.) ■ 0 1 i . ,. ■ 0 o a. 4. Mandatory- Meet with an approved Financial Counselor to establish a budget and credit enhancement plan. You will continue to meet with your selected counselor on an ongoing basis throughout the contract. Applicant Applicant DSCLT Staff Date Date Date 145 SW 12'' Avenue Delray Beach, FL 33444 Phone: (561) 243 -7500 Fax; (561) 243 -7501 www.delraylandtrust.org m November 14, 2013 Evelyn Dobson, Executive Director Delray Beach Community Land Trust 145 SW 12�h Avenue Delray Beach, FL 3344.4 Dear Mrs. Dobson: A funding Agreement was entered into on October 10, 2013, by and between: The DELRAY BEACH COMMUNITY LAND TRUST, INC. and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY. The CRA shall provide funding to DBCLT for ICY 2013 -2014 in the total amount of $200,000 under the A -GUIDE Grant Program for affordable housing within the Delray Beach Community Redevelopment Area. If you have any questions, please call me at 561 - 276 -8640, Sincerely, Lori Hayward Finance & Operations Director Delray Beach CRA 20 Noah Swinfon Avenue � Delray Beach, Florida 33444 ► Phone: 5611276 -8640 �, fax: 5611276.8558 ► www.delroycro.org WSE / MBE / DBE Not applicable to our non - profit 501(c) (3). we M"ke housing affordable' FloridaHousing 227 North Bronough Street, Suite SQOQ • Tcrllahussee, Florida 32301 - — P 85D.488.4197 • Fax; S U.dB$.9809 ° www.floridahousing,org o F i n a n c e C n r r a t i o n May 31, 2013 Lula Butler, President �', j Delray Beach Community land Trust, Inc. 145 SW 12th Avenue Delray Beach, FL 33444 RE: Community Housing Development Organizations (CHDO) Service Area: Delray Beach Dear Ms. Butler: In response to your letter regarding the CHDO status of Delray Beach Community Land Trust, Inc., Florida Housing Finance Corporation (Florida. Housing) is pleased to recertify your organization as a Community Housing Development Organization (CHDO). This certification will expire May 31, 2014. . Florida Housing will send a notice annually to request updated information as required to monitor compliance CHDO eligibility. This notice does not guarantee approval for funding but precertifies the CHDO prior to application. If your CHDO applies for Florida Housing HOME funds, an updated CHDO Checklist will be required at the time of application. Florida Housing appreciates your efforts to provide affordable housing. If you have any questions, please feel free to contact me at (350) 488 -4197. Sincerely, Heather Boyd Federal Loan Program Manager Rick Scott, Governor Board of Directors; Leonard Tylka, Chairman Mary L. Demelree 4 John David Hawthorne Jr. o Brian Matz • Natacha Munillo • Bernard "Barney" Smith Executive Direcior; Stephen P. Auger State� Department of Stati I certify from the records of this office that DELRAY BEACH COMMUNITY LAND TRUST, INC. is a corporations organized under the laws of the State of Florida, filed on January 17, 2006. The document number of this corporation is N06000000620. I fiwther certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report /uniform business report -vas filed on March S, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. GiOen under illy .liand and the Great Sea of the State of f'Florida at Tallahassee, fire capital, this is the Eighth day of March, 2013 Secretary o, f 'State Authentication IA: CC3771553740 To nlithenticate this certificate visit tho following site,enter this 7D, and then follow the in5tractions displayed. hit ps:!/ erile.suiihiz.oi,g /certatitliver litail 2043 FLORIDA NON PROFIT CORPORATIQN AMENDED ANNUAL REPO FILED DOCUMENT## N06000000620 Mar 08; 2013 Entity Name: DELRAY BEACH COMMUNITY LAND TRUST, INC. Secretary of State Current Principal Place of Business: 145 SW 12TH AVE DELRAY BEACH. FL 33444 Current Mailing Address: 145 SW 12TH AVE DELRAY BEACH, FL 33444 FEI Number: 20- 4162352 Certificate of Status Desired: Yes Name and Address of Current registered Agent: SCHMIDT, DAVID W. 144 NE FOURTH AVE., STE, A DELRAY BEACH, FL 33483 US The above named entity submits this sfalemont forthe purpose of changing its registered office or ragislemd agent, orhofh, to the State ofFforfda. SIGNATURE: Electronic Signature of Registered Agent Date Officer /Director Detail Detail Title DIRECTOR Name COSTELLO, JEFFREY Address 20 N. SWINTON AVE City-State-Zip: DELRAY BEACH Et 33444 Titie TD Name HILL, VICKI Address 3023 MANGO DRIVE City -State -Tip; DELRAY BEACH FL 33444 Title SECRETARY Name WEINMAN, MORRIE DR. Address 145 SW 12TH AVE City - State -zip: DELRAY BEACH FL 33444 Title VP Name ELIOPOULOS, GARY Address 205 GEORGE BUSH BLVD. City - State -Zip, DELRAY BEACH FL 33444 Title PRESIDENT Name BUTLER,LULA Address 100 NW 18T AVENUE City-State-Zip: DELRAY BEACH FL 33444 'title DIRECTOR Name DOBSON, EVELYN S Address 145 SW 12TH AVE City- State•Zip: DELRAY BEACH FL 33444 I herehycer6fy that the to %n17Al +ORlndkated on MI'vrepoir ofaupplarnweil report 15 Prue and accurate and lhol my efecrwnk signature shaflhava the same toga) etlBU asffMad4 War oath; that 1 am as offcerorcfjmvtar of the corporavba erthe rateNerarirusfea empotvared fo execula lhls report as required by Chaptor 517, Florida Sfatules,' andfhaf my name appears above, or on an a£l achmanl vd1h ail oihorfltca empowered, SIGNATURE: EVELYN S DOBSON DIRECTOR 03/0812073 Electronic Signature of Signing officer/Director Detail Date .: ta._.ULA. � �,,.rLi INTERNA: REVENL; SERVICE DEPARTMENT OF THE TREFasURy P. 0, 80X 2506 CINCIWiATI, OR 4520 ? -�3 Employer Idenzificat =on '%lumber: Date: NOV 41 :1S DELIAY BE 1!�. CgM?352 17a53I72o2200b DELRAY BEACH COV211MMY :_AND TRUST Contact. Person: INC DAVID A DOMER ID# 31166 20 N SWINTON A.VE Contact Telephone Number: DELRAY, EL 33444 (8771 829 -5501 Accounting Perzod Ending: September 30 Public charity status: 174 (b) (1) (A) (vi) Form 990 Reav fired: Yes Effective Date of Exemption: 3anuary 17, 2006 Contribution Deductibility: Yes Advance Ruling Ending Date: September 30, 2010 Dear Applicanc. We arc pleased to inform you "hat upon review of your appli. cation for tax exempt status we have determined that you are exempt from Federal income tax, under section 501(c)(I) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. YOU are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records, organizations exempt under section 501(c) (3) of the Code axe further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the )7eoriiP. g of the letter: shortly before the end of your advance ruling period, we will send you Form B734, Support Schedule for Advance Ruling Period, You will have 50 days after the end of your advance ruling period to return the completed form, We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under section 501(c)(3) for some helpful information about your responsibilities as an exempt organization.. If you Oistribute funds to other organizations, your records must show whether they are exempt under section 501(c)(3). In cases where the recipient organ..zation is not exempt under sector. 5oi(c)(31, you must have evidence the xunds will be used for. section 501(c)(3) purposes. :.etter !C45 iDO /CG) If you disLr; bLte funfg to rrdivz duals, ycu should ',eee case h_steries shci:'_r_c tthe recipiert's name and address: the p;;rpose of _be award; the rru rner of se :action: and the rela;,tor.shap of tl;e recipient eo any of your officers, directors, trustees, Members, or major corrribut.ors_ tie have sent a cony o; this letter to your representative as indicated _n your Power of attorney. Sincerely, af�f�� (2 It Lois G. Lerner birector, Exempt. Organ;zations Rulings and Agreements Enclosures: I.nfozmati.an for Oroani.zations Exempt. Linder Section 501(c) S3� Statute Extension Letter lt•45 ¢� 1�ci'nrunetst k- i Ihr Tw,, -1_. i! bnterngt 14%priu Service P.D. Sax 2508 In reply refer to: 0248556166 Ci.ricinnati OH 45201 Aug. 11, 2010 LTR 41680 ED 20- 4162352 000000 00 00015698 BODC: TE DELRAY BEACH COMMUNITY LAND TRUST INC 145 SW 12TH AVE big� DELRAY BEACH FL 33444 003300 Employer Identification Number: 20-- 4162352 Person to Contact: Mr Galluppi. Toll Free Telephone Number: 1- 877 - 829--5500 Dear Taxpayer; This is in response to your Aug. 02, 2010, request for information regarding your tax- exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in November 2006. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to YOU as provided in section 170 of the Code. Bequests, legacies, devises, transfers, ar gifts to you or for Your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov /eo for information regarding filing requirements. SPecifically, section 6033(5) of the Code Provides that failure to file an annual information return for three consecutive years results in revocation of tax - exempt status as of the filing due date of the third return for organizations required to file. If YOU have any questions, Please call us at the telephone number shown in the heading of this Letter. Sincerely yours, Michele N. Sullivan, Qper. Mgr. Accounts Management Operations I 8otti t7z113 -f2073 3:417 PtA � � � �1 Return of Organization Exempt From Income Tax Form Under section 541(ej,.527, or 4947(a)(1) of the Internal Revenue Code (except black lung 2012 napartment of ineTraa5ury _ benefit trust or private foundation) open to Puh)fC Inlesnal Ravenue Service 110� The organization may have to use a copy of this return to satisfy state reporiin;7 rogWremertls. Instiection A For the 2412 calendar ear or tax veav be innin 1 D 1 3 2 and ondin 0 9 30 12 B Check ilaprflcabW: C Name Oforgarikatlan D Employer ldentiticatlonnumber AddresscilaM-2 Delray Bec1Ch Community Land Trust, NsmaCh -mje DoogHnines AS 20-- 4162352 Nudibar and slreel (rf P,O box it mail is nul delivered to sfreet Addles) Rooln1svils r Teiephine number lellalra€atn 145 SIFT 12th Avenue Term:naled Cfry. loivn dr post oifim stave and ZIP coda Am pJArslurn Delray teach rL 33499 c Grossrccr lS 474,986 F Nwse and oddre5 or principal oircer, Apc "cai'on�,en3' °g kla) € ;ti:Esryrauprelcrn[ota €iiFates� Ycs No rich) Are aflafRiatas?nrtudes? Yes No If "Nv." attach a ri5€ (see ins(rucuom) ii May the IRS discuss this return with the preparer shown above? (see instructions) - - X Yes No For Paperwork Reduction Act Notice. $ea the separate instructions. farm 9$ ©(20121 DAA x„ € Tai- mmplstalu*s�r 5pl(cli:+l SDiic ( '�(,nsonnc) :947;a1i1)a< J tlYab611C: Y' N/A K torai lalgaiatzalion X. CcrPCralnr Trust A530*.i4,,Wil OItK!rI> - P,Arf I Srrmrrinr-lr FL Pail ll _ `a_'ignature Block Lender IzenaMes of perjury, I r ochre that I have examined this return, Including accomparlying schedules and statements, and to the beat of my knpW�tedye and belief, itis true, cotrect, and c4mplate, DPdars lion of preparer (other than officer) Is rased on All inlortnation of>vhic4 preparer has any knowledge. r 1 Briefly describe the organization's mission or most significanl activities: 510 5r ratur ofalrcar To Provide affordable li?usa.ng for vary .low to moderate income indivad7ials. U %te Here m _... TYPD ar Allot oamu ant tale c. N 2 Check this box.l� if the organization di,wnlinued fts operations or disposed of more than 2�°I of its net assets. Prin!/lypo preparer's Herne 4 3 Number ofvoung memblars of the governing body (Part VI, line 1a) nafura 3 12 ety if P7IlJ 4 Number of indopanderil voting members of the governing body (Part VI, line 1 h) Annette Cassells— Wilson 4 12 L _ 5 Total number of individuals employed in calendar year 2012 (Part V, litre 2a), .. , .. 8 4 rants rmie I, Cassells `k 6 Total number of volunteers (estimate if necessary} ..... . B 0 1.50 Ave Ste 203 7aTotalunretated husiness revenue from Part Vill. column (C), fine 12 7a >= knrsadd,ess k Pembr,'oke 0 33028 b Net unrelated business taxable income from Form cJ96 -T line 3A . , Phw,eno. 954- 362 °1.81.1. 7b . 0 PrWYor . CurrentYem . 725 8 83 238,470 8 Oonlributions v6d grants (Part Vill. line lh) 8 Program service revenue (Part Vill, line 2g) 147,060 236,023 '10 Investment income (PeA VNl, column (A), lines 3, 4, and 7d) 539 317 11 Qiher revenue (Part Vlll. column (A), lines 5,15d, Sc, 3c, 10c, and lie) 0 176 873,482 474,986 12 Tole[ revenue- add tines 8 throw h if Muslequal Part VII 1, column A , line 12 , 13 Grants and similar arnounls paid (Part IX, column (A), tines 1 -3) 0 0 0 0 14 Beltefiis paid to or for members (Part IX, column (A), line 4) 287 !?19 194128 7 15 Salari8s, tither curnperlsafon, employee benefits (Part IX, column (A), fines 5 -10} O _ l6aProfessional fundraising fees (fart IX, column (A), fine Ile). O - -- 0 CL It Total fundraising expenses (Part IX, column (D), litre 25) P- d 3.70 099 879,824 17 01ber expenses (Part IX, column (A), lines lla -11d, 111 -24e) 457,718 _ 574,111 18 Total expenses. Add fines 13 -17 (must equal Part IX, column (A), flm 25) 19 Revenue less expenses. Subtract line 18 from line 12 ... .... .. . . .. . . .. . ......:.. 41.5 764 ^99 125 o Be tnnin ofCurrentYear End of Year 5 63.2 11.6 5,226,525 20 Total assets (Part X, line 16) a� _.,... 21 Total liabilities (Part X. line 26) 703,881 417 415 4,9 8 235 - 4,809,110 z� 22 i4et assets or fund balances. Subtract line 21 from line 20 ... Pail ll _ `a_'ignature Block Lender IzenaMes of perjury, I r ochre that I have examined this return, Including accomparlying schedules and statements, and to the beat of my knpW�tedye and belief, itis true, cotrect, and c4mplate, DPdars lion of preparer (other than officer) Is rased on All inlortnation of>vhic4 preparer has any knowledge. r 510 5r ratur ofalrcar U %te Here TYPD ar Allot oamu ant tale Prin!/lypo preparer's Herne pare 5 nafura Coale ety if P7IlJ Paid Annette Cassells— Wilson L D2/13/i seLs•empfnyed POtl672565 preparer rants rmie I, Cassells dr A.ssoc�iates CPA PA Flores EINf Use only 1911 NW 1.50 Ave Ste 203 >= knrsadd,ess k Pembr,'oke Pities FI, 33028 Phw,eno. 954- 362 °1.81.1. 8018 ©V1312013 4:33 FM Form 990 2012 Delray Beach Community Land Trust 20- 4162352 Page 2 z�-Pbfflljtjl Statement of Program service Accomplishments Check If Schedule 0 contains a response to any question in this Part Ill... ❑ 4 Briefly describe the organization's mission: To Provide affordable housing for _very low to moderate income individuals. 2 Slid the organization undertake any signifcant program services during the year which were not listed on the prior Form 990 or 990-EZ? ............... ............................... Yes IN] No If "Yes," describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes inflow It conducts, any program services? [I Yes ® 114 If "Yes," describe these changes on Schedule Q. 4 Desor€be the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 50'1(c)(4) organlzatfons are required to report the amount of grants and aliocafons to others, the total expenses, and revenue, if any, for each program service reported. 4a (Code: } (Expenses $ ..........4 74., 7 95 including grants of $ } (Revenue $ To Provide affordable housi no for ver low to moderate„ inoorne individuals. 4b (Code: ------•I ) (Expenses $ .- Including grants of$ ) (Revenue's ) ............................................................... ........ ........... .----------- ....................... .......... ................ .................. .......... ........... ................................................... ...................... ............................................................................ ............................... ................................................................................................................ ............................... 3 ........................................................................................... ....................... ........ ...... ................. i ..................................................................................................................... ............................... 4c (Code: ) (Expenses $ including grants of$ ) (Revenue $ ............................................................................................... ............................... 4d Other program services. (Describe in Schedule O.) (Expenses_$ including grants of$ ) (Revenue $ ) 4e Total program service expenses 1 474,795 DAA Form 990 (z012) 807802J1S120134.33 PM Beach 2€l- 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If "Yes," complete Schedule A 1 X 2 Is the organization required to complete Schedule 13, Schedule of Contributors (see Instructions)? 2 X 3 ............................... Did the organization engage in direct or indirect polii oat campaign activities on behalf afar in opposition to candidates for public office? If 'Yes," complete Schedule C, Part I 3 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? If "Yes," complete Schedule C, part 11 ..................................................... 4 X S Is the organization a section 501(0)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or slmIlar amounts as defined in Revenue Procedure 98 -18? If "Yes," complete Schedule C. Part 111 5 X 6 Did the organlzaticn maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? if "Yes," complete Schedule D, Part I g X 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historio land areas, or historic structures? If "Yes," complete Schedule D, Part 11 7 X 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes," complete Schedule D, Part 111 8 X 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability; serve as a custodian for amounts not listed In Part X; or provide credit counseling, debt management, credit repair, or debt negotlation services? If "Yes," complete Schedule D, Part Ill g X 10 Did the organization, directly or through a related organization, hold assets In temporarily restricted endowments, permanent endowments, or quasi - endowments? If "Yes," complete Schedule D, Part V 10 X 11 If the or anlzations answer to any of the following 9 g questions is "Yes," then complete Schedule D, parts VI, ' -= r u° VI1, VI 11, IX, or X as applicable. Y a Did the organization report an amount for land, buildings, and equipment In Part X, line 10? If "Yes," complete Schedule D, Part VI ................................................................... 91 a b ............................... Did the organization report an amount for investments —other securities in Part X, line 12 that is 5% or more of its total assets reported in Part X, Ilna 18? If "Yes," complete Schedule D, Part VII lib I X c Did the organization report an amount for investments -•••- program related in Part X, line 13 that is 5% or more of Its total assets reported In Part X, line 16? If "Yes," complete Schedule D, Part Vill Ile X d ............ ............................... Did the organization report an amount for other assets in Part X, line 15 that is 5% or snore of its total assets reported In Part X, line 18? If "Yes," complete Schedule D, Part iX 11d X e Did the organization report an amount for other liabilities in Part X, line 25? If "Yes," complete Schedule D, Part X 41e X f ............... Did the organization`s separate or consolidated financial statements for the tax year Include a footnote that addresses the organization's liability for uncertain tax positions under PIN 48 (ASC 740)? If "Yes;' complete Schedule D, Part X 11f X 12a Did the organization obtain separate, Independent audited financial statements for the tax year? If "Yes,' complete Schedule D, Parts Xi and X11 ................... 12a X b Was the organization Included in consolidated, independent audited financial statements for the lax year? If "Yes," and if tine organization answered "No" to line 12a, then completing Schedule D, Parls Xl and M €s optional 12b X 13 ......... • • ........... Is the organization a school described In section 170(b)(1)(A)(ii)? If "Yes," complete Schedule E 13 X 14a Did the organization maintain an office, employees, or agents outside of the United States? 14a X b ........................... Did the organization have aggregate revenues or expenses of more than $10,000 from grantmak €ng, fundraising, business, Investment, and program service activities outside the United States, or aggregate foreign Investments vatuod at $100,000 or more? If "Yes;' complete Schedule l", Parts I and IV 141) X 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants er assistance #e any organization or entity located outside the United States? if "Yes," complete Schedule F, Parts Ii and IV 15 X 16 Dtd the organization report on Part iX, column (A), fine 3, more than $5,000 of aggregate grants or assistance to Individuals located outside the United States? If "Yes," complete Schedule C•, Parts Ili and IV 16 X 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and lie? If "Yes,' complete Schedule G, Part I (see insiructlons) 17 X 18 ........................ Did the organization report more than $15,000 total of fundraising event gross Income and contributions on Part Vill, lines le and Be? If "Yes," complete Schedule G, Part 11 1s X 19 Did the organization report more than $15,000 of gross income from gaming activltles on Part V111, fine 9a? If "Yes," complete Schedule G, Part Ill .......................... .... 19 X 20a .. .. ....................... ........ Did the organization operate one or more hospital facilities? If "Yes," complete Schedule H 20a X b If "Yes" to line 20a. did the orriani7atlon attach n mnu of ifs aridirari frnanninl nfnfAmanfc !n lhie roll irn7 Oil t, Form 890(20112) DAA 6018 0214312013 +4:33 PM 990 No 21 Did line organization report more than $5,000 of grants and other asslstance to any government or organization in the United States on Part IX, column (A), line 1? If "Yes;' complete Schedule I, Parts I and II 21 22 Did the organization report more than $5,000 of grants and other asslstance to individuals In the United States on Part IX, column (A), line 2? If "Yes," complete Schedule I, Parts I and III ....................... .............. ..... ............ 22 23 Did the organization answer "Yes' to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's current and farmer officers, directors, trustees, key employees, and highest compensated employees? If "Yes," complete Schedule .l 23 X 24a Did the organization have a tax - exempt bond Issue with an outstanding principat amount of more than $100,000 as of the last day of the year, that was Issued after December 31, 20027 If "Yes," answer lines 24b through 24d and complete Schedule K. If "No," go to fine 25 ....,.,---•• .......................... ............................... 24a X b Did the organization invest any proceeds of tax - exempt trends beyond a temporary period exception? ... , . , . , 24b C Did the organization maintain an escrow aocount other than a refunding escrow at any time during the year to defease any tax - exempt bonds? 'a' 24c d Did the organization act as an "on behalf of" Issuer far bonds outstanding t any time during the year? 24d 25a Section E01(c)(3) and 501(c)(4) organizations. Did the organization engage in an excess benefittransac #ion with a disqualified person during the year? if "Yes," complete Schedule L, Part I 2$a X b Is the organization aware that it engaged in an excess benefit transaction with a disqualifted person in a prior year, and that the transaction has not been reported on any of the organization's prior F"ouns 990 or !;90-HZ? l€ "Yes;' complete Schedule L, Part i .. .................. . .. 2513 X 28 Was a loan to or by a current or former officer, director, trustee, key employea, highest compensated employee, or disqualified person outstanding ae of the end of the organization's tax year? if "Yes,' complete Schedule L, Part Ii ,, , , , 26 X 27 Did the organization provide a grant or other asslstance to an officer, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons? If "Yes," complete Schedule L, Part III 27 X 28 28 Was the organization a art to a business transaction with one of the foElowing parties see Schedule L, party ( M: Part IV Instructions for applicable filing. thresholds, conditions, and exceptions):m; :.- . Et A current or former officer, director, trustee, or key employee? if "Yes," complete Schedule L, Part IV 288 X b A family member of a current or former officer, director, trustee, or key employee? If "Yes," complete Schedule I-, Part IV 2813 X c An cntfty of which a current or former officer, director, t €ustee, or key employee (or a family member thereof) was an officer, director, trustee, or direct or Indirect owner? If "Yee," complete Schedule L, Part IV 288; X 29 Did the organization receive more than $25,001) in non -cash contributions? If "Yes," complete Sohedule AR _ 29 X 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified oanservation contributions? If "Yes," complete Schedule M 30 X 31 Did the organization liquidate, terminate, or dissolve and cease operations? if "Yes;' complete Schedule N, Part 1 31 X 32 Did the organization sell, exchange, dispose of, or transfer more than 25°% of its net assets? If "Yes," complete Schedule N, Part 11 .. .................................................................. 32 X 33 ............................... Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701 -2 and 301.7701 -3? If'Yes,' complete Schedule R, Part 1 .................. ...................... ......... .. 33 X 34 Was the organization related to any tax- exempt or taxable entlty? If "Yes," complete Schedule R, Parts 11,131, or IV, and Part V, line 1 .... ....................... ........ 34 X 36a Did the organization have a controlled entity within the meaning of section 512(b)(13)? -------------- .. 35a X b If "Yes" to line 35a, did the organizatlon receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(bj {13 }? If "Yes;' complete Schedule R, Part V, line 2 35b 36 Section 501(c)(3) organizations, Old the organization make any transfers to an exempt non - charitable related organization? If "Yes," complete Schedule R, Part V, line 2 --• ............................ .......................... so X 37 . Did the organization conduct more than 5% of Its activities through an entity that is not a related organization .... and that is treated as a partnership for federal income tax purposes? If "Yes," complete Schedule R, Part VI 37 X 38 Did the organization complete Schedule 0 and provide explanations in Schedute 0 for Part VI, fines 11b and 197 Note. All Porm 990 filers are renuired to comolete Schedule O 3B X Forrn 99D (2612) CAA 6016 02A=013 4;33 PM Form 990 2012 Delray Beach Community Land Trust 20- 4162352 Page 5 vR Statements regarding Other IRS Filings and Tax Compliance Check if Schedule 0 contains a response to anv auestion In this Part V n 1a b 2a 3a b 4a Enter the number reported in Box 3 of Form 1095, tenter -0- if not applicable .. . , 1a 0 Enter the number of Forms W -2G Included In line 1a. Enter -0- If not applicable 1b 0 Did the organization comply with backup withholding rules for repwtabie payments to vendors and reportable gaming (gambling) winnings to prize winners? Enter the number of employees reported on Form W -3, Transmittai'o Wage and Tax Statements, filed for the calendar year ending with or wlthln the year covered by this return 2a If at least one is reported on line 2a, did the organization file all required federal employment tax returns? Note. If the sum of Imes 1 a and 2a Is greater than 250, you may be required to a -file (see instructions) Did the organization have unrelated bus €ness gross income of $1,000 or more during the year? If "Yes," has it filed a Form 990 -T for this year? If "No," provide an explanation In Schedule D _ At anytime during the calendar year, did the organization have an Interest €n, or a signature or other authority over, a finandaI account in a foreign country (such as a bank account, secur€ties account, or other financial account)? b if 'Yes,.' onter the name of the foreign country; ................................. ............................... See instructions for filing requirements for Form TD F 90 -22.1, Report of Foreign Hank and Financial Accounts. 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? b Did any taxable party notify the organization that it was or is a party to a prohlblted tax shelter transaction? c If "Yes" to line Be or 5b, did the organization file Form 6886 -T? ................................... ............................... 8a Does the organization have annual gross receipts that are norma lly greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? b if "Yes," did the organization include with every solicitation an express statement that such contributions or gifts wore not tax deductible? 7 Organizations that may racelve daduetibie contributions ender section 170(c }. a Dld the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? ................................... .....,. .................... .......,.., b If "Yes," did the organization notify the donor of the value of the goods or services provided? ......................... c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which It was required to file Form 82827 ...... . ............. ........ ............ . d If "Yes," indicate the number of Forms 8282 irked during the year 7d e Did the organization receive any funds, directly or Indirectly, to pay premiums on a personal benefit contract? If Old the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? g If the organization received a contribution of qualifed Intellectual property, did the organization file Form 8899 as required? h if the organization received a contribution of cars, boats, airptanes, or other vehicles, did the organization file a Form 1098 -G? 8 Sponsoring organizations maintaining donor advised funds and section 509(a)(3) supporting organizations, Did the supporting organization, or a donor advised fund maintalned by a sponsoring organization, have excess business holdings at any time during the year? 9 Sponsoring organizations maintaining donor advised funds, a Did the organization make any taxable distributions under section 4966? b Did the organization make a distribution to a donor, donor advisor, or related person? 10 Section 501(c)(7 ) organizations, Enter: ...... ............................... a initiation fees and capital contributions included on Part Vlll, line 12 10a b Gross receipts, Included on Form 990, Part Vi ll, line 12, for public use of club facilities 10b 11 Section 501(c)(12) organizations, Enter: e Gross Income from members or shareholders Ila h Gross Income from other sources (Do not net amounts due or pa €d to ocher sources against amounts due or received from them.) 11p 12a Section 4847(a)(1) non - exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? b if `Yes," enter the amount of tax - exempt Interest received or accrued during tite year, , , .... , , ... 12b 18 Section 501(c)(29) qualified nonprofit health Insurance Issuers. a Is the organization licensed to Issue qualified health plans in more than one state? Note, See the Instructions for addi €tonal Information the organization must report on Schedule O. b Enter the amount of reserves the organization Is required to maintain by the states In which the organization Is licensed to Issue quaiifred health plans 13b c Enter the amount of reserves on hand 13c 14a bid the organization receive any payments for Indoor tanning services during the tax year? b If "Yes," has it filed a Form 720 fo re ort these a ments? If "No " rovide an explanation In schedule 0 ........................ 011 n'A Form 990(2012) 801602ma/20134:35 PM Form990(20l2)De1ray Beach Community Land Trust 20- 4162352 page 6 P I Governance, Management, and Disclosure For each "Yes" response to lines 2 through 7b below, and for a "No" response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule 0. See instructions. Check if Schedule O contains a response to any question in this Part V1 ..................... ..... ..................... . ... la. Enter the number of voting embers of the governing body at the end of the tax year is 12 9 g g Y Y ........... If there are material differences in voting rights among members of the governing hotly, or if the governing body delegated broad authority to an executive committee or similar t3 Y Y committee, explain in Schedule O, b Enter the number of voting members included in line la, above, who are Independent 1 b 12 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with _ _ ` " ""' ti s �., - any other officer, director, trustee, or key employee? ....... .......... . . . . . . . 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, or trustees, or key employees to a management company or other person? 3 X 4 X 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? 5 X 5 Did the organization become aware during the year of a significant diversion of the organizetion's assets? ........ ....... .. „ 6 X 6 Did the organization have members or stockholders? ........................... 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? ........... ....................... .................... 7a b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body?._ _ . _ _ _ _... . . .................................................... 7b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the followin a The governing body? b Each committee with authority to act on behalf of the governing body? 8a X 811 X 9 is there any officer, director, trustee, or key employee listed in Part Vii, Section A, who cannot be reached at the or anlzation's mailin address? if "Yes" rovlde the names and addresses In Schedule O ............. . ..... . ... . . ......... 9 X Senior# R. Pnfirins (This Sectinn B requests information about Dfllicles not reauired by the Internal Revenue Code.) 10a Did the organization have local chapters, branches, or affiliates? . b If "Yes," did the organizalton have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization`s exempt purposes? ..................... 11 a Has the organization provided a complete copy of this Form. 990 to all members of its governing body before filing the form? b Describe in Schedule O the process, if any, used by the organization to review Vila Form 980. 12a Did the organization, have a written conflict of interest policy? if "No; go to line 13 b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to confiicts? c Did the organization regularly and consistently monitor and enforce compliance with the policy? If °Yes," describe In Schedule O how this was done , , , , , , - 13 Did the organization have a written whistleblowor policy? 14 Did the organization have a written document retentlon and destruction policy? . _ .. _.... , . . .. . .. ........... . . . . . . 15 Did the process for determining compensation of the following parsons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director, or top management official b Other officers or key employees of the organization ..... ............................... ................ If "Yes" to line 15a or 15b, describe the process In Schedule O (see €nstructions). 16a Old the organization invest in, contribute assets to, or participate In a jolnt venture or similar arrangement with a taxable entity during the year? b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate Its participation In joint venture arrangements under app €!cable federal tax law, and take steps to safeguard the Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be flledP- done 18 Section 6104 requires an organization to make its c=orms '1023 (or 102+ if applicable), 990, and 890 -T (Section 501(c)(3)s only) available for public Inspection. Indicate how you made these available. Check all that apply. ❑ Own website ❑ Anothefe website L�'_•t upon request ❑ Other (explain in Schedule O) 19 Describe in Schedule O whether (and If so, how), the organization made its governing documents, conflict of interest policy, and financial statements avallable to the public during the tax year, 20 State the name, physical address, and telephone number of the person who possesses the books and records of the organization: Delray Beach Community ?,and Trust 145 SW 12th Avenue Delra y Beach FL 33444 561- 243 -7500 DAA Ferro 99D(2012) 8018 02/13/2013 4:33 Pit# Form990 20'12 Delray Beach ConimunitV stand Trust 20- 4162352 page 7 R �� --� P f tit Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors Check if Scheduie O contains a response to any question in this Matt VII ... ............................. .. Ll Section A. Officers Directors Trustees Key Employees, and Hi hest Compensated Em io ees la Complete this table for ali persons required to he fisted. Report compensation for the calendar year ending with or wi €hin the organization's tax year. e List all of the organization's current officers, d #rectors, trustees (whothor Individuals or organizations), regardless of amount of compensation. I=nter -0- In columns (0), P. and (F) if no compensation was paid. a List all of the organization's current trey employees, if any. See insiruotions for definition of "key employee." o List the organization's five turret highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (Box 5 of Form W -2 and /or Box 7 of Form 1099 -MISC) of more than $100,000 from the organization and any related organizations. * List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. a List all of the organization's former directors or trustees that reoelved, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. List persons in the following order. Individual trustees or directors; Institutional trustees; officers; key employees; highest compensated employees; and former such persons. El Check this lox If neither the organization nor any related organizations compensated any current officer, director, or trustee, fA) tg) (c) (p) (E) (fi) Name and Title Average position Reportable Reportable i=stlmaled hours per (do riot check mare than one oomperlsa8on campensnfibn from amount of week box, unless person is both an atom related other (iistarty eficertindadirectorllnlstee) the argw*atlons compensation hours for organization wicog (W -Vias9 -mist) lrom£he n U .n o related an , w m (4t1- -mrso) organization organizations roe S R and related below dotled o m n organizations line) N iP R (1)Jeff Costello 2.00 - .............. Pxesident -- .00 0 X X 0 0 0 (2)Kimberly Came jo 2,00 Secretary 0.00 X X 0 0 0 (3)Morrie Weinman ...... .................2..017, Vice President 0.00 X X 0 0 0 (4)Patricia. Wright . ... ....... ....... ... ........ ... . .. .... 2, .,00 0.00 X 0 0 0 (6)Lul.a Butler 2,00 .00 Xi 0 0 0 (s)Vince Larkins .................. ...11...1 1...2..00 0.00 X 0 0 0 (7)Gary El.iopoulos ........................ 2.... 00 .. .00 X 0 0 0 MWil.l.l.amn Milner, Jr 2.00 0,-00 X 0 0 0 (9)Polk Cotton ................. 2 00 . 0.00 X 0 0 0 (-io)Vicki Hill ..... 00 0.,00 x 0 0 0 (11)Elton McGowan Jr. 1111 .. .. .. ............... 0.00 X 0 0 0 upµ Form 990 (2012) 8018 02!3312013 4:33 PM Form990f20j2)De1.rqy Beach COMURIty Land gust 20- 4162352 pa 2e 8 i [��t;� j].y Section A. Officers, Directors. Trustees. Kev Pmnlover:5. and HinhQSt ftmmnpriantz+rl Frnnlnvanc (A), (BI {c) {oJ (!) M Name and title Average Posiliort Reportable Reportable Estimated hours per (do not check mere [han one compansation compensation from amovnt of 2 Total number of Independent contractors (Including but not iimlted to those listed above) who received more than $100,000 of compensation from the or anization� o weak box, untess person is Froth an from rdaled other (rst any offtcerand adirectorllrostae) the organizations compensation hours for organization (W- ?J1099-tvilSC) from the o� _ m related organization ar anizarions m 3 K m and related below dotted S a o = organizations line) P (1z)Dysonya Mitchel ........................ 2, 00 . ... 0.00 X 0 0 0 03)EV'elyn DobSoh 0 ,,DO active DiroA0r 0.00 x 64,308 0 0 (14) (75) (18} 06) �lg) lb Subtotal ....... ............................... ................ 64,308 c Total from continuation sheets to Part VII, Section A , ... , , , 10, d Total add lines lb and lc . ............................... 0. 64 308 A IVLUI numtaer or lnaav[auais {tnoicaing mu not 11mited to titose Elsted above) who received more than $100,000 In 3 bid the organization list any former officer, director, or trustee, Itey employee, or highest compensated' employee on line 1 a? If "Yes," complete Schedule J for such individual $ Y 4 For any individual listed cn line la, is the sum of reportabfe compensation and ocher compensation from the a. organization and related organizations greater than $150,000? If "Yes," complete Schedule J for such Individual 4 x S Did any person listed online 1a receive or accrue compensation from any unrelated organization or individual Section B. Independent Contractors 1 Complete this table for your five highest compensated Independent contractors that received more than $100,000 of _... .... .. ., compensation from the orrtankatfon. Report c4imbnnsation for the calendar vwar nndinn with nr wlihin fh� nrnan f— 11— Name and hNness address t)escri li�gn ofservices Com m6r;on 2 Total number of Independent contractors (Including but not iimlted to those listed above) who received more than $100,000 of compensation from the or anization� o - _ h 1,7 r Form y ,4 t)(2012) 8 018 0211 3120 3 4:33 PM f=orm 990) 2012 Delray Beach Community brand Trust,_ 20- 4162352 Page 9 PI.il Statement of Revenue c� 0 In Membership dues 113 Check if Schedule 0 contains a response to any question in this Part Vill .......... ... ...... .......... ........ [] t7 M c (A) [gl tcy tn1 205,500 } * Total revenue Related or Unrelated Revenue f All other coniribulioris, gifts, grants, c� r r exempt function b rslness excluded ham tax .50 i s F revenue undersecllon5 49,206 S � 0 revenue c 552.613. cr514 aAA 01 0 Form 990 (2012) 1a Federated campaigns c� 0 In Membership dues 113 1, 064 ¢ _ _ c Fundraising events 1e r1 t7 M of Related organizations 1d r a Govemmentgrenls(contdhullom) 9e 205,500 } ° f All other coniribulioris, gifts, grants, trand similar amounts notindudedaLove 1f 31 906' k rT r x .50 i s F g 9 Noncash corarlboons included in lires'is -it $ 49,206 S � 0 Total. Add lines 1a -1f .-- _,,,,,,,,,,, ,, c la sn. coda 2a Palm 1.1ah9Y -Rent 53111 153,521 153,52 w .............. b i?evexoE?e Fees ............. 35,304 35,30 C Ground Lease Foos 19,783 19,78 rn d 2aa sw 15th Ave 10,428 10,42 11 e 335 S>a btu Street ... ............ 6,3001 1i 30 o f All other program service revenue ........ 10,687. 10,68 Total. Add lines 2a- 2f .... .............. ... . ...... 236,023 S investment income (including dividends, Interest, and other similar amounts) 317 31 d Income from investment of tax - exempt bond procood* 6 Royatties ............. .. ................ ........ (1) Real (ii) Personals'`- - a - 6a Gross rents n , 6 Less; rentarexps. C Rental Inc. or (Toss, Q. } r d Net rental Income or loss .......... .. ........... b- 7a Gross amount Von ti)Seeurilies (ii }Qlher u �' - -, �,. salas of assets other than inventors gs b Less: P 4V s -r' cost or other basis i'e sales 87;)15 xr L f� S1i -'s.�t iviF c Gain or (loss) � d Net gain or (loss) .. .................. ............. m Sa Gross inwme from fundraising events r, L, (not Including $ s ti a of contributions reported on line 1c). See Part IV, JIne 18 w b Less: direct expenses b o c Net Income or (loss) from fundraising events .. , , . s V 13a Gross income from gaming aciivifies. �r Sao Part IV, line 19 a b Less: direct expenses b y z7 N c Net Income or (loss) from gaming activities ....... (r 14a Gross sales of Inventory, less returns and allowances a y b Less: cost of goods sold b z c Net income nr loss from sales of Invenfor Misce[i8neou3 Revenue Btesrt Cade 1 S_: "Ifil J 11a Fundraising Revenue ....r .,c, 176 176 b C d All other revenue .......... ........ .... ... — e Total. Add litres 11a 175 -11d .. ..................... s: = 1`236,516 12 Total revenue. See instructions . ........... .. .... 0� 474,986 aAA 01 0 Form 990 (2012) 8618 6211312043 4:33 PM Form 990 2012 Delray Beach Community Land Trust 20- 4162352 Page 10 & Statement of Functional Expenses Section 601(o)(3) and 509 c 4 or anizatlons most complete all columns, All other organizations must cam fete column (A). unecx it Scnectule Es conEarns a response 10 any quesuon in this rant in Do not Include amounts reported on fines fib A Total expenses o Program service c Managementand ° f=undraising 7b 81) 9b and 10b of Part Vill. expenses general expenses expenses 1 Grants and other assistance to governments and organlxalions in the U.S. See Part IV, line 211 = K 2 Grants and other assistance to individuals in the U.S. See Part 1V, fine 22 _ -- ZO �, • „_. .. r L 3 Grants and other assistance to governments, organizations, and Individuals outside the U.S. See Part IV, lines 15 and 16 5 z r. 4 Benefits paid to or for members = -; 5 Compensation of current officers, directors, trustees, and key employees 64,308 57,877 6,431 s Compensation not Included above, to disqualified persons (as defined undersection 4958(f)(i)) and persons described in section 4958(c)(3)(B) 83,247 74 922 $ 325 7 Othersalaries and wages ...... 8 Pension plan accruals and contributions (include section 401(k) and 403(6) employer contributions) 9 Other employee beneflts 46,732 42 459 4,673 10 payroll taxes 11 Fees for services (non- employees); a Management 6 956 3,476 3,478 ........ b Legal 9 7 5 0 9,750 ........ .... c Accounting .. . .. d Lobbying ... ............................... e Professional fundralsing services - Sea Part IV, line 7 _ r = f Investment management fees g 0l her. (if line t1g amount exceeds 10 %of Gne 25, column (A) amount, list Nne 11g expensesan Sdisdule 0.) 4,375 4,375 12 Advertising and promotion ................ 13 Office expenses 14 Information technology 15 Royalties 201-053 18,048 2,005 It Occupancy ....... ........................ 1 002 902 100 17 Travel .... ............................... . 18 Payments of travel or entertainment expense for any federal, state, or local public officials 4,812 4,331 481 19 Conferences, eoavelitions, and meetings 240 216 24 20 Interest 21 Payments to aifllates 22 Depreclation, depletion, and amortization 22,135 19,921 2,214 23 Insurance 24 Other expenses - itemize expenses not covered above (List miscellanecus expenses in e 24. f line 249 amoml exceeds 10% of He 25, column (A) amount, listiine24e expenses on Schedule g. r 192 156 192.,156 a Toss on Sale— 3,x.7 SW 2nd pry C f� 42 503 r1 42 503 ............................. ........... b t"OI1t.3h�C11Q26' @rVF= B...., 8 025 8 025 C ewer —Bldg 39 7,276 6 548 728 d 60,541 41,937 18,6()4 .LandsQaping e All other expenses ........... ......... 25 Total functfonat expenses. AddtinestUou h24e . 574,111 474,795 99,316 0 28 Joint costs. Complete this line only if the organization reported in column (B) joint casts from a comhlned educational campaign and fundraising solicllation, Check here 0-p it folfo%vfn SOP 98 -2 ASO958 -720 ............ PAA Form 47VU (7012) 8018 0211 WIM 4:3$ PM Check If Schedule 0 contains a resnonse, to any nuestion in this part Y I—I - ------- --- ........... (A) .... Beginning of year End of year I Cash —non- Interest bearing ........ ....... ........................................ 42,034 1 37,725 162t512 2 226,904 2 Savings and temporary cash Investments ................. 3 3 Pledges and grants receivable, net ............................. ........ 4 2,660 4 Accounts receivable, not 5 Loans and other receivables iiorri current and former officers, directors, trustees, key employees, and highest compensated employees. ..... ...... ,R. 'N t B6: � . . . . . . ..... I- Complete Part 11 of Schedule L . ................... * ..................... 6 Loans and other receivables from other squalifed persons (ar, defined under section 4958(t)(1)), persons described in section 4958(c)(3)(B), and contributing em sponsoring organizations of section 501(c)(9) voluntary employees, beneficiary 4 7 . . . . . . . . . . . . . . . . 42 organizations (see Instructions). Complete Part 11 of Schedule I_ ................ 7 Notes and loans receivable, not ................................ .................... 8 Inventories, for sale or use 6 9 Prepaid expenses and deferred charges 5,534 9 6,880 .............. ......... .............. 10a Land, b0dings, and equipment: cost or other basis. Complete Part VI of Schedule D 10a 4,952,329 b Lees., acuumufated depreciation, _ , .... ..... lob -k. M ;N 4,952,329 5,396, 974 ioc 11 11 Investments — publicly traded securities 12 12 Investments -- other securities_ See part 1V, line 'J1 13 13 Investments —program -telaled. See Port IV, line 11 14 14 intangible assets 163 is 27 15 Other assets. See Part IV, Ifne 11 5,612,116 76 5 1226, 525 16 Total assets, Add lines 1 ihrou 11 15 must e uaI llna 34 17 Accounts payable and accrued expenses ........... .......... .................... 28,577 17 67,166 18 18 Grants payable 19 19 Deferred revenue 20 Tax-exempt bond liabilities 20 21 Escrow or custodial account liability, Complete Part IV of Schedule D 21 22 Loans and other payables; to currant and former officers, directors, trustees, key employees, highest compensated employees, and disqualified persons. Complete Part I I of Schedule L R 22 M kQ­t.—'.';`2---0 .9 -1 23 Secured mortgages and notes payable to unrelated ffi"1rd­p'a'i[_1e'a .......... 675,304 23 350,249 24 24 Unsecured notes and loans payable to unrelated third parties 25 Other IlaWiltlos (including federal income tax, payables to related third parties, and other flabilitles not Included on lines 17-24). Complete Part X ofSchedule 0 ......... ....................................... . 25 26 Total liabilities. Add lines 17 through 25 ......... ................ ___ .......... 03,881 26 417,415 A 5 to 0 Organizations that follow 51 117 (ASC 95(3), check here k-9 and complete lines 27 through 20, and lines 33 and 34. 27 Unrestricted net assets 1 ..... ­ --- ................. _._ ........... ....... 2ti Temporarily restricted not assets ...... .............. ............... 29 Permanently restricted net assets ..................... Organizations that do not follow SFAS 117 (ASO 959), check here' and 0 complete lines 30 through 34. 30 Capital stock or trust principal, or current funds " * .................... 31 .. * ........... PaId-in or capital surplus, or land, building, or equipment fund 448,383 g 27 1�444— '22.— - ­-Wr 34 28 .4,459,852 29 4,459,852 la 80 2Z '6 81 V Z............. 32 Retained earnings, endowment, accumulated Income, or Ober funds 33 Total net assets or fund balances '3 2 4,908,2351 n 1 4,609,110 34 Total liabilities and net assstslfund e c -s . . ..... ............... 5,612,1161 34 1 5,226,525 Form 990 (2012) DAA 80 is 021131261 a 4:33 PM Form-990 (2012) Delray Beach Community Land Trust, 20-4162352 _ _ — page 12 r, !' rk- Cl ; Reconciliation of Net Assets Check if Schedule 0 contains a response to anv auesti ©n in this Part ............................ .. ................ ❑ 1 2 3 4 8 6 7 8 9 10 Total revenue (must equal Fart Vill, column (A), line 12) ......... 'dotal expenses (must equal Part IX, column (A), line 25) .......... . .. .... . ............. . , . , .... Revenue less expenses. Subtract line 2 from lino 1 . Met assets or fund balances at beginning of year (must equal Part X, line 33, column (A)) Net unrealized gains (losses) on Investments ....... Donated services and use of facilitles .......... . .......................... ... ................ ......- ........ Investment expenses ....... .. Prior period adjustments .......'. -.. '..... Other changes €n net assets or fund balances (explain In Schedule O) .. . . . . . . ... ..... . . . . ... Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 33 column B . ....................... .. ...... 1 474,986 2 574, ,111 3 —99 125 4 4 908,235 5 0 7 0 8 ,<:Pat i Financial Statements and Reporting Check if Schedule 0 contains a response to anv auestlon in this Part XI E ... .. . . . .. .. . . . .. .. ............................... ❑ No 1 Accounting method used to prepare the Form 990; ❑ Cash LXi Accrual ❑ Other If the organization changed Its method of accounting from a prior year or chocked "Other; explain In Schedule O. 2a Were the organization's financial statements compiled or reviewed by an Independent accountant? , , ....... If "Yes," check a box below to indicate whether the financial statements for the year Were complied or reviewed on a separate basis, consolidated basis, or both' ❑ Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? If "Yes," check a box below to indicate whether the finanolal statements for the year were audited on a separate basis, consolidated basis, or both: 14 Separate basis ❑ Consolidated basis ❑ Beth consolidated and separate basis c If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibIl€iy for oversight of the audit, review; or compilation of its financial statements and selection of an Independent accountant? If Ilse organization changed either Its oversight process or selection process during the tax year, explain In Schedule O. 3a As a result of a federal award, was the organization required tc undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A -133? b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the reau €red audit or audits• explain why in Schedule O and desorlbe anv steps taken to undergo such audits ....................... Form 990 (2012) VAA B01 B 02M/20134:33 4:33 PM SCHEDULER Public Charity tatus and Public Support OMB No, S54S00A7 (Forth 590 or 990•EZ) � PP Complete If the organization Is a section 501(c)(3) organization or a section 4947(x)(1) nonexempt charitable trust. r_bpetf3oi'iib[G r Department enthe Treasury InlernaI Revenue Service � Attach to Form 990 or Farm 990 -EZ. � See separate Instructions. ins cotton Name of she organization Employer Identi0catlon number Delrav Beach CO=nunity Land Trust* 20-- ,162352 The organization is not a private foundation because It is: (For lines 1 through 11, cheek only one box.) 1 0 A church, convention of churches, or assoclation of churches described in section 170(b)(1)(A)(i). 2 ❑ A school described In section 170(b)(1)(A)(11). (Attach Scheduie E,) 3 H A hospital ore cooperative hospital service organization described Insectlon 170(b)(1)(A)(€ii). 4 A medical research organization operated In conjunction with a hospital described insection 170(b)(1)(A)(iii). Enter the hospital's name, city, and state: S ❑ An organization operated for the benefit of a college or University owned or operated by a govemmental unit described in section 170(b)(1)(A)(tv), (Complete Part 11.) 6 H A federal, state, or focal government or governmental unit described In section 170 (b)(1)(A)(v). 7 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vl),(Complete Part 11.) 8 A community trust described in section 170(b)(1)(A)(vl). (Complete part 11.) 9 ?f An organization that normally receives: (1) more than 33 113% of Its support from contributlons, membership fees, and gross receipts from activities related to its exempt functions --- subject to certain exceptions, and (2) no more than 33113% of Its support from gross Investment Income and unrelated business taxable Income (less section 511 tax) from businesses acquired by the organization after June 30, 1975, See section 509(a)(2). (Complete Part 111.) 10 ❑ An organization organized and operated exclusively to test for public safety. Seesection 509(a)(4). 11 ❑ An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described In section 509(a)(1) or section 508(a)(2). Seesection 509(a)(3). Check the box that describes the type of supporting organization and complete lines 11e through 11 h, a ❑ Type I b Q Type Il c D type w-- Functionaily integrated d [-] Typo tit -Bien- functionally Integrated e d By checking this box, 1 certify that the organization is not controlled directly or indirectly ty one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described In section 509(x)(1) or section 509(a)(2). If If the organization received a written determination from the IRS that It is a Type 1, Type It, or Type 111 supporting organization, check this box g Since August 17, 2006, has the organization accepted 'a' n- ny gift or contribuiion from 'a' n- ny of the following persons? (I) A person who directly or Indirectly controls, either alone or together with persons described in (Ii) and Yes Ha (It's) below* the governing body of the supported organization? .... ........ .. . . ............................... 11 i ( €1) A family member of a person described in (I) above? .................. 11 11 (111) A 35% controlled entity cf a person described in (i) or (II) above? t 1 Ill h Provide the foliowlncf information about the supported amanizatlon(s). (f) Name orsupported (11) LIN (111) Type of organization (IV) 1.5 ML rgari zalioil (Y) Did you Wity (A) Who (vll) Amount of monetary organizatiun (described on lines 3• -t3 in cal (1) listed n your the orgenaniion in organlzalion in col. support above Dr IM section governing document? col. (i) of your (1) organized in th (seaInstruetlonsl) supDod? U.S.? Yes No Yea N6 Yea No (A) (B) (C) (D) (E) a �- j• F �L � _ -t �- _� z y . �' MA Total.,., _.ri<. w 4`_ =._ -, �3 k ,. - for Paperwork Reduction Act Notice, see the Instructions for Form 980 or 990•EZ, DAA Schedule A (Form 990 or 990 -EZ) 2012 8618 02/131291 3 4:33 PM Sobedule A Form 890 or 990 -E2 2012 Delra y Beach Community Land Trust~ 20-4162352 Pa e 2 Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(v1) (Complete only if you cheeped the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify underthe tests listed below, please complete Part iii. Section A. Public Support Calendar year (or fiscal year baginning in) 0. (a) 2008 (b ) 2003 (c 2010 (d) 2011 (e) 2012 f) Total 331/3% support test-2012. If the organization did not check the box on fine 13, and line 14 is 33 113% or more, check this box and stop here. The organization qualifies as is publicly -supported organization ..... ........... .................... ❑ b 1 Gifts, grants, contributions, and membership fees received. (Do not check this box and stop here. The organization qualifies as a publicly supported organlzation ® ❑ 17a 10 %- facts- and - circumstances test 2012. If the organization did not check a box on line 13, 16a, or 16b, and Tine 14 is include any "unusual grants, ") 10% or more, and if the organization meets the "facts- and - circumstances" test, check this box and stop here. Explain in Part IV how the organization meets the "facts- and - circumstances" test. The organization qualifies as a publicly supported organization ❑ b 10 °/a #acts - and - circumstances test-201t If the organization did not check a box on line 13,16a, 16b, or 17a, and line 2 Tax revenues levied for the organization's benefit and either paid Explain in Part IV how the organization meets the "facts- and - circumstances" test. The organization qualifies as a publicly supported organization ❑ to or expended on its bohalf Private foundation, If the organization did not check a box on line 13,16a, 16b, 17a, or 17b, check this box and soo Inst €uctlons ❑ 3 The value of services or facilities furnished by a governmental unit to the organization without charge 4 Total. Add lines 1 through 3 8 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column # j x �� r r r , mac'- fur a v 5 F�- k 6 PtiblicstApport. 5ub1fact line 5 from line 4. -y _ rKr Section B. Total Support Calendar year (or fiscal year beginning in) 10- 1 (a) 2008 (b) 2009 1 f c) ;M0 I (d) 2019 1 (e) 2012 1 fft Total 7 Amounts from tine 4 B Gross Income from interest, dividends, payments received on securities loans, rents, royalties and income from slmiiar sources 9 Net income from unrelated business activities, whether or not the business is regularly carried on. - • . • ............ 10 other income. Do not Include gain or loss from the sale of capital assets ( Explain in Part IV.) ................... 71 Total support. Add lines 7 through 10 J 12 Gross receipts from related activities, eto. (see instructions) 13 First five years, If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 601 1 i'. ;6) M 14 public support percentage for 2012 (Ifne 6, column (f} divided byline 11, column (f))., 14 % . 16 Public support percentage from 20f 1 Schedule A, Part II, line 14 16a 331/3% support test-2012. If the organization did not check the box on fine 13, and line 14 is 33 113% or more, check this box and stop here. The organization qualifies as is publicly -supported organization ..... ........... .................... ❑ b 33113% support test -2019. If the organization did not chock a box on line 13 or 15a, and line 16 Is 33113% or more, check this box and stop here. The organization qualifies as a publicly supported organlzation ® ❑ 17a 10 %- facts- and - circumstances test 2012. If the organization did not check a box on line 13, 16a, or 16b, and Tine 14 is 10% or more, and if the organization meets the "facts- and - circumstances" test, check this box and stop here. Explain in Part IV how the organization meets the "facts- and - circumstances" test. The organization qualifies as a publicly supported organization ❑ b 10 °/a #acts - and - circumstances test-201t If the organization did not check a box on line 13,16a, 16b, or 17a, and line 15 is 101/o or more, and If the: organization meets the "facts- and - circumstances" test, check this box and stop here. Explain in Part IV how the organization meets the "facts- and - circumstances" test. The organization qualifies as a publicly supported organization ❑ 18 Private foundation, If the organization did not check a box on line 13,16a, 16b, 17a, or 17b, check this box and soo Inst €uctlons ❑ Schedule A (Form 990 or 990 -EZ) 2012 OAA 6018 6211312013 4 33 Phi Schedule Form 990 or 990 -EZ 2012 i..le.Lra Beaan uommuniT- .f4ana rage Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or If the organization failed to qualify under Part 11. If the organization fails to qualify under the tests listed below, please complete Part 11,) Calendar year (or fiscal year beginning in) a 2008 b 246g c) 2410 d 2011 (el 2012 f Total 572,905 438 290 E175,482 474 986 2,927,267 33,040 1 Gifts, grants, contributions, and memb%shi fees f.'} eceiued- (f3onot Include any 'unusual grans ..................... �--- � - - -.. 497,374 359,856 383,R52 725 &s3 238,470 2,17B,535 33 040 36, 48 ose 2 Gross receipts €rom admissions, merchandise 117,441 said or services performed, or factlftios furnished €n an mpt purpose activity that is related to the organization's "- exe Z 70 230 213,049 049 84 338 147,599 236,516 751,732 393,910 F---7'-R 528 724 033 572 609 873 482 474 985 3 Gross receipts from activities that are not an unrelated trade or business under section 513 4 Tax revenues levied for the organization's benefit and either paid to or expended on Its behalf ..... - 6 The value of services or facilities furnished by a governmental unit to the organization without charge 567,604 572,9G5 438,290 873r482 474,986 2,927,26 6 Total. Add lines 1 through 5 7a Amounts Included on fines 1, 2, and 3 received from disqualified persons .... Ix Amounts Included on lines 2 and 3 received from other than d €squat €fled persons that exceed the greater of $5,000 or 1 °lo of the amount on line 13 for the year c Add lines 7a and 7b 8 Public support (Subtract line . 7e frorn tine6,) ............... .. ......... .- _.._.._..- ...�,.., ';_.,.��,,__.,__W., --y$ k 5 i` tiectton b. i oral buipport Calendar year (or fiscal year beginning In) Op- 5 Amounts from line 6 10a Gross income from interest, dividends, payments received an securities fcans, rents, royalties and income from similar sources , , b Unrelated business taxable income (less soction 511 taxes) from businesses acquired after June 30, 1975 C Add lines 10a and 10b 11 Net income from unrelated business aeti ies not included in Ilne 10b, whether or not the business is regularly carried on . . 12 Other income. no not include gain or loss from the sale of capital assets (Explain in Part IV.) 13 'total support. (Add lines and 12,) a 2008 1 db 21309 c 2010 d 2011 (e 2012 { Totat 567 604 572,905 438 290 E175,482 474 986 2,927,267 33,040 36,333 48,068 7.17,441 33 040 36, 48 ose 117,441 7,92,884 114,775 86,267 393,910 F---7'-R 528 724 033 572 609 873 482 474 985 3,438,6113 14 First five years. If the Form 090 Is for the organization's first, second, third, fourth, or fifth tax year as a section 5011(c)(3) organlzation, check this box and stop here .. ........I .... Section C, Corn tttation of Public Support Percentage 1S Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f)} 15 85-13% Section U. Goth utatlon of Investment Income Percents e 17 investment Income percentage for 2012 (line 10c, column (f} divided by line 13, column (f)) 17 30/0 18 Investment income percentage from 2011 Schedule A, Part III, line 17 18 4% 19a 33113% support tests - 2012. If the organization did not check the box on line 14, and l€ne 15 is more than 33 113 %, and line 17 is not more than 33113%, check this box and stop here. The organization qualifies as a publicly supported organization ... _ i0 b 33113% support: tests 2'1 01. If the organization did not check a box on line 14 or line 19a, and line 16 Is more than 3$ 113 %, and €ine 1$ is not more than 33 113 %, check this box and stop here, Tho organization qualifies as a publicly supported organ €ration 1111. ', 20 Private foundation. if the orcranizal €on did not check a box on line 14, 19a, or 19b, check this box and see_ instructions - o ........ Schedule A (Form 990 or 890 -E2) 2012 6AA 80 18 0213 312013 4:33 PM schedule A {Form 990 or 990 -EZ) 2072 Dp -lray Peach Community Land Trust, 20-- 4162352 Page 4 Supplemental Information. Complete this park to provide the explanations required by Part 11, line 10; Part II, line 97a or 17b; and Part 111, line 12. Also complete this part for any additional information. (See instructions). Part ITI, dine 12 — Other Income Detail 11-1 $ 393,910 ............................... ..........,..,...,............ ......,.................. -..... .......... aAA Schedule A (Form 000 or 990 -EZ) 2012 8018 0211312013 4.33 PM Schedule B Schedule of Contributors (Form 990, 990 -EZ, or99o-PF) Department ofthe Treasury !attach to Form 990, form 890 -irZ, or Form 9917 -PF, Name of the organization Employer identification number 35 Organization type (check one): Filers of: Section: Form 990 or 990 -EZ ® 501(0)( 3 ) (enter number) organization [] 4947(a)(1) nonexempt charitable trust not treated as a private foundation L,i 527 political organization Form 990 -PF ❑ 501(c)(S) exempt private foundation Q 4M7(a)(1) nonexempt char - stable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. Note, Only a section 501(n)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. General Rule Ll For an organization filing Form 990, 996 -FZ, or 990 -PF that received, during the year, $5,000 or more (in money or property) from any one contributor. Complete Parts I and 11. Special Rules ® For a section 501(c)(3) organization filing Form 990 or 99U -EZ that met the 33W % support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(A) and received from any one contributor, during the year, a contribution of the greater of (1) $5,000 or (2) 21/. of the amount on (4) Form 890, Part Vill, Ilne, 1 h, or (Ii) Form 990 -EZ, line 1. Complete Parts I and 11, For a secUcn 5011(c)(7), (8), or (10) organization filing Form 550 or 990 -EZ that received from any one contributor, during the year, total contributions of more than $1,000 for use exoiusively for religious, charitable, sclentitic, literary, or educational purposes, or the prevention of cruelty to children or animals. Complete Parts I, 11, and I11. For a section 501(c)(7), (8), or (j 0) organization filing Form 990 or 990 -EZ that received from any one contributor, during the year, contributions for use exclusively for religious, charitable, etc., purposes, but these contributions did not total to more than $1,000. If this box is checked, enter here the trial contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Do not complete any of the parts unless thoGeneral Rule applies to this organization because it received nonexclusivaly religious, char4able, etc., contributions of $5,000 or more during the year_,,.,.,., 01 $ Caution. An organization that is not covered by the General Rule and/or the Special Rules does not file Schedule E (Form 990, 990 -EZ, or 990 -PF), but it must answer "No' on Part IV, line 2 of Its Form 990; or check the box on fine H of Its Form 990 -EZ or on Part 1, fine 2 of its Form 990 -PF, to certify that it does not meet the tiling requirements of Schedule B (Form 990, 990 -EZ, or 990 -PF). For Paperwork keduction Act Wolk e, see the instructions for Form 990, 990 -EZ, or 990•PF. Schedule B (Form 990, 991}4!Z, or 'BOO-PF) (2012) AAA Ma 0211912013 4.33 PN Name of organization Employer identification number Dolray Beach Community Land Trust 2©-- 4152352 F?rs Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. (a) (b) (c) (d) No. Name address and ZIP + 4 Total contributions Rpe of contribution I Delrav Beach Community Person LI .•Redevelopment SUTa..xltail Ave Payroll 387,5 ©0 ouP .. ......... -1- ........ Ae]xa Beach 33444 F, ............ � ........................ ................. .... .......... .... (Complete art llifthere is a noncash contribution.) (a) (b) (c) (d) No. Name, address and ZIP + 4 Total contributions Type of contribution Person ❑ Payroll ❑ ............. ............. .. ............. ... $ '..,,., Noncash ........................................ ............................... (Complete Part 11 ifthere is a noncash contfil)utlom) (a) (b} (c) (d) No. Name address and ZIP + 4 Total contributions Type of contribution .... ................................... Person ❑ ............................... Payroll ❑ ... ............................... Noncash ❑ (Complete Part 11 If there is a noncash contdWlon.) (a) (b) (c) (d) No. Name address, and ZIP + 4 'total contributions T e of contribution ............................... Person Payroll ......11 ............... ............................... ❑ .......... ........ ....................... .. .• •- ................ (Complete Part 11 if there is a noncash contribution.) (a) (b} (c) (d) No. Name address and ZIP + 4 Total contributions T e of contribution Person ❑ Payroll ❑ . ....................................................................... Noncash ❑ (Complete Part 11 if there is a noncash contribution.) (a) (b) (c) (d) No, Name, address, and ZIP + 4 'total contributions Type of contribution Person Payroll $ ...................... Noncash ..................... •......,.... ......- •-- -•- --- -- --- --- ... -. -. (Complete Part 11 If there is a noncash contribution.) Schedule B (Form 590, 994 -1�Z, or 890 -PF) (2412) DAA 0018 D211 312 0 1 3 4W PM SCHEDULED Supplemental Financial Statements OMB No. 1sd9.ao47 (Form 990) 110- Complete if the organization answered "Yes," to Form 990, 2012 De arimentafiheTrea ; vey Part 1V, line 6, 7, $, 3, 10, 11 a, 116, 1111c, i'tCi, Ile, 11f, 12a, or 12b, y` ftto Rub E_ Intemsl Revenue Service JP- Attach to Form 990. ® See separate instructions, v7tns eirtion _ '; Norte or the argahtzdtien Emproyor Identlfhaflon dumber .Delray teach CoMmUnity Land Trust 20- 4162352 -- :a =1 " Organizations Maintaining honor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered "Yes' to Form 990, Part IV, line 6, (a) Donor advised fonds (p} Funds and other accounts 1 Total number at end of year .. ...... . .............................. 2 Aggregate contributions to (during year) ... 9 Aggregate grants from (during year) ............... . ... . ......... 4 Aggregate value at end of year.... . b Did the organization Inform all donors and donor advisors In writing that the assets held In donor advised funds are the organization's property, subject to the organization's excluslve legal control? , _,, , . ... . . . . ...... . .. • •.... ❑ Yes ❑ No 6 Did the organization inform all grantees, donors, and donor advisors In writing that grant funds can be used only Ear charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring €m armissible private benefit? ....... .._. - ............... ......................•... _...._......................... ❑ Yes ❑ No �, "P. 41. Conservation Easements, Complete if the organization answered "Yes" to Form 99Q Part IV, lime 7. 1 Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (e.g., recreation or education) ❑ Preservation of an historically important land area Protection of natural habitat ❑ Preserva #ion of a certified historic structure Preservation of open spaoo 2 Complete lines 2a through 2d If the organization held a qualified conservation contribution In the form of a conservation easement an the fast day of the tax year. eld at the End of the Tax Year a Total number of conservation easements 2a b Total acreage restricted by conservation easements . .. . . .... ....... ............... 2b c Number of conservation easements on a certified historic structure included In (a) 2c d Number of conservation easements included in (c) acquired after 8117106, and not on a historic structure listed to the National Reg €stet 2d 3 Number of canserva #ion easements modified, transferred, released, extinguished, or terminated by the organization during the tax year 4 Number of states where property subject to conservation easement Is located lll� . _, 5 Does the organization have a written policy regarding the periodto monitoring, Inspeotion, handling of violations, and enforcement of the conservation easernen€s It holds? ... ,, . ,, ❑ Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, inspecting, and enforcing conservation easements during the year 1110 7 Amount Of expenSOB incurred In monitoring, inspecting, and enforcing conservation easements during the year 1�-$ ......................... 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(13) 0) and sec#lon 970(h)(4)(B)(11)7 ................... . . ...... , .... , ...... ❑ Yes ❑ No 9 In Part XII1, describe how the crganlzat€on reports conservation easements In Its revenue and expense statement, and balance sheet, and Include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. a:l Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. Complete if the organization answered "Yes" to Form 990, Part IV, line 8. is If the organization elected, as permitted under SFAS 116 (ASC 958), not to report In its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research In furtherance of public service, provide, In Part X11€, the text of the footnote to Its hnanclal statements that describes these Items. b If the organizat ion elected, as permitted under SFAS 116 (ASC 058), to report In Its revenue statement and balance sheol works of art, historical treasures, or other similar assets held for public exhibition, education, or research In furtherance of public service, provide the following amounts relating to these items' (€) Revenues included in Form 090, Part Vill, line I ....... ....... ............ .. ..... 0, $ ................ _ .. _ ..... (11) Assets included in Form 990, Part X ® $ ........ . ... . ........ . .. . 2 If the organization received or held works of art histor €cal treasures, or other similar assets for financial gain, provide the following amounts required to be reported udder SFAS 116 (ASC 958) relating to these Items; a Revenues included In Form 990, Part Vill, line l ................................. ............................... ® ........................ , b Assets included in Form 990 Part X .......... ..... ............... ................... ....... ........_..._._..._.. For Paperwork Reduction Act Notice, see the Instructions for Form 990. schedule D (Form 990) 2012 DAA 6018 02!1312013 4:33 PM Schedule[) Form 9917 2012 Delray Beach Community Land Trust, 20-4162352 Page 2 -c�':- I-'1 _Organizations Maintaining Collections of Art Historical Treasures or Other Similar Assets contif�uad l3 Using the organization's acquisition, accession, and other records, check any of the following that are a significant use of its collection Items (check all that apply): a Public exhibition d Loan or exchange programs b Scholarly research e B, Other ........ ........ C Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part Xlil. 6 During the year, did the arganlzatlon solieit or receive donations of art, historical treasures, or other stmltar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? ......... . .. . .. ❑ Yes No ar it , Escrow and Custodial Arrangements. Complete if the organization answered "Yes" to Form 990, Part i1/, line 9 or reported an amount on Form 990, Part X, line 21, la Is the organlzation an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X? .... ❑ Yes ❑ No b If "Yes," explain the arrangement in Part XIN and complete the fotiowing table: Amount C Beginning balance 10 d Additions during the year.. . ................ ............................. ............... 'Id e Distributlons during the year .............. . - • - - .......................... 'le f Ending balance .......... If 2a Did the organization include an amount on Form 990, Part X, line 21? ❑ Yes M No b If "Yes," explain the arrangement in Part MR. Check here If the explanation has been provided in Part Xlli................................. Li Endowment Funds, Com lete if the or lzation answered "Yes" to Form 990 Part IV line 10. (a) Current year (b) Prlorysar (t) Two years back (d) Three years back (e) Four years back 1a Beginning of year balance ............ b Contributions c Nei investment earnings, gains, and losses d Grants or scholarships e Other expenditures for facilitfes and programs f Administrative expenses,,,,,,,,,,,,,, g End of year balance 2 Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as; a Board designated or quasi- endowment % b Permanent endowment 10 C Temporarily restricted ondowment l ...... _ , % Tile percentages in lines 2a, 2b, and 2c should equal 1 D()%. 3.9 Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Yes Na (1) unrelated organizations I ff (11) related organizations ............. .b If " Yes" to 3a(li), are the related organizations listed as required on Schedule R7 4 Describe in Part XIII the Intended uses of the araanization's endowment funds. >rar -911 Lana Buildincis, and tr ui Meng. See Form eau I'aF[x tine "10. Desaiptlon of properly (a) Cost or other basis (investmant) (b) Cost or other basis (other) (c) Aocumulatod dopredatioh (d) Book value 1a Land b Buildings ........ c Leasehold improvements ..... ...... . ..... d Equipment........... ..................... eOther ............................... 3 83 4 321 �a 1j 3 83 321 1,118,008 1 1 118 e 008 Total, Add lines 1a through Ia. (Columns (d) must equal Form 990, Part X, column (B), line 10(c).) .............. . ......... . . v 4,952,329 Schedule D (Form 990) 2012 AMEN 8018 02!13!2013 4;33 Ptd 0 Ys :: a t -uli Investments —Other Securities. See Form 990, Part X, line 12. (a} oescripfon of security or category (b) Book value, (c) Method of valuation: (lndiAn,q name of security) I I Cost or end -o €- -year market value (1) Financial derivatives ................. ............................... (2) Closely -held equity interests (3) Other (A) .................................. ............................... ................................... ............................... ................................... .................... ...... . .... t�) ....... . ........ ................... ............................... ................................... ..------------- ......I .... ..... Total. (Column b must equal Forty, 990, Part X, ool. (32 tine 12. 0. 1 r '.-`'l ft *. 11i' Investmont, - Pmclram Related. SL?e Form M. mart X. Tina 13. (a) Description of inves €men! type (b) Book Va:`ue (c) Method of valuation: Cart or and -of -year market value 1 (2) 2 (4) 8 (5 6 7 8 6 t0 7 Total. Cclumn b musts uall=orm090,PartX col. B Eno l5 ........................... ............................... S) Total. C01umn b must equal Form 990, Part X, col. (8) line 13. ,;:= 3?afCttAa, i Tner Assets. Sep. r(lrm YJ ju_ Part X. MO 1 !ni_ (a) Dowription (b) Book value (1) (2) {3) (4) (5 6 7 8 9 t0 Total. Cclumn b musts uall=orm090,PartX col. B Eno l5 ........................... ............................... 2. FIN 48 (ASC 740) Footnote. In Part All, provide the text of the footnote to the organlzatlon's financial statements that reports the organizations INbility for uncertain tax pusillons under FIN 46 (ASC 740), Check here If the text of the footnote has been provided In Part Xl ll ................ . ... . aM Schedule D (c=orm 990) 2012 6018 02l1312M 4:33 PM —4162352 Pane 4 MENM Reconciliation of Revenue per Audited Financial Statements With Revenue Pe r r Return 1 Total revenue, gams, and other support per audited financial statements i i 4 474,98( VAA Schedule p (Form 990) 2012 8018 02/19!20134:33 PM Schedule D (Form 990)2012 Delray Beaoh Community Land Trust, 20-4262352 Pages Supplemental Information (corifinued) - ------------------ ­­­ ..................................................................... ............. —.111.— .......... ------ ............. ......... I ........ 11.1- ............ ................................................................................ . ............ ........... ............... ....... ........................................................................ ...... ....... —1—.1-I...". . ......... I ........ I ...... I .................. 1.1-11.1 ............... ..................... ......... ......... .............. I 1 1. -.. � 1. 1. � ....... 1.11.1. . .................................................................. ............... ....... ...... ............................................. .......... -- ...... ....................................... ........ ................. ­­­­ ............................... ................ ........ I.— ............... -- ............ ...... -- ......... -11- ................... .............. . ......... ................... .............................. .............. ............ 11.1— ...... — ............................ .— ...... I ............. I ...... .............. ............ .................................................. — I.. I — I I ............................................. I ............................. ................................................... .................... --, .......................... ........... ................. .............. — ........ ......... — -------------- ............ ..................... "I.—I..", ........ ......... 1111.1.1-1.1— ............. ......... . .................................. _,_ ......................... ­ � ............................................... I ........................ I.. I � ----- .. ..... I ... — ............................ — .......................... " ...... I-- ..... I ... 11, .............................. -- ...... I.. I ............ .................. ---11— ........................ � ... I..... - I ........................ ............... ...................................... ...... ........... .................... ........... -111.1-.1-11— ...... .... -11-1 --- ...................................... ................... ....... ­­ ...... ­­ ......... -.- ......... .......... I ...... ............................. I ................... ...... m .............. .......... I ............ ....................................... ........ -­ ...... ­­ ............................ ........ ".., ...... . .......... —­._ ...... ............................................................. ............................ ........................ .......... .................... ................ — ...... --- ............ ... ...I.- ............ — ................ I -... I.... - 1. 1 ... I I ..................................... ..................... ................. ................... ............. ........................ . ......... ................... ...... ........ ...................... .............................................................. ............ .......... ...................................................... .......... ............. ...................... ...................................... ...... ­ .......... ....... ....................................... ....... ........... ....................... ................................ ...................................................... ...... .......... ............... ............... .................................................... .......... ........ ....... ............ ...... Schedule 1) (Form 990) 2M DAA 8018 0Y113013 4:33 PM SCHEDULE M OMB No. 1545 -0047 (Form 990) B��o�C�sh Contributions compIate it the erganlzatIons answered "Yes" on Porm 990, Part IV, tines 29 nY 30. Ueparlmenlof the Treasury Internal Revenue Service Attach to Form S90. .'r5 !Jame of Iha organization employer Idenllticallorl number Delray Beach Community Land Trust, 120-4162352 F19WIM Tvnes of Prauerty For Paperno* Reductlon Act Notico, ace the Instruotlons for Farm 990. VAA Schedule M (Form 899) (2012) a Check it applicable b Number of coWbuilons or items contributed tot Nonceshcontribution amounts reported on Form 990, Part Vill, line 1g d Method ofdetarmining noncash contribution amounts 1 Art Works of art 2 Art — Historical treasures 3 Art-- Fraotional interests 4 Hooks and publications _ , x 6 Clothing nd household 9 goads ..- -----.... �– - - '.._.�.i..: 6 Cars and other vehicles 7 Boats and planes 8 lntelleetuai property ...... . 9 Securlt €es— Publloly traded .... 10 SeeUrltle5—Closely held stock „ 11 Securities— Partnership, LLC, or trust Interests 12 Securities— Miscellaneous 13 Quai1icd conservation contribution -- Historic structures ..................... 14 Qualified conservation contribution —Other 166 Real estate — Residential 16 Real estate -- Commercial 17 Real estate —Other 18 Collectibles 19 Food Inventory.. 20 Drugs and medical supplies 21 Taxidermy 22 Hlstar €oal artifacts 23 Sclentifo specimens 24 Archeological artifacts X 2 49,206 25 Other p( Land & Rent _ ) 26 . Other 0,( ...................... ) 27 Other 110 ( ) 28 Other 29 Number of Forms 8283 received by the organization during the tax year for contributions for which the organizat €on completed Form 8288, Part IV, Donee Acknowledgement...... 29 Yes No 30a luring the year, did the organization receive by contribution any property reported In Part 1, lines 11--28 that it must hold for at least three years from the date of the Initial contribution, and which is not required to be r4_F used far exempt purposes for the entire holding period? , .. , . ,, 30a X Ili If "Yes," describe the arrangement in Part ll. 31 Does the organization have a gift acceptance policy that requires the review of any non- standard ls C6ittrlbEtt €Oh5? '31 X .......:...:............. .. . . .. ..................................................:..:...:.::...................... 32a Does the organization hire or use third parties or related organlzattons to Solicit, process, or sell noncash contributions? 32a X b If "Yes,, describel n Part ll .........................................................:..:..:........ ......................... ... .- ! "- 33 If the organization did not report an amount In column c) for a type of property for which column a Is checked, describe in Part 11. 's For Paperno* Reductlon Act Notico, ace the Instruotlons for Farm 990. VAA Schedule M (Form 899) (2012) EM 02113/201 3 4:33 PM acneauiam rcrmVW LUl2 IJ*--J.X:CLY JDWCLUJA L.Uiii11lULI L UY AjUlkU :1.".C'iASL LU-4+ LUL3DL Pa oA Supplemental Information. Complete this part to provide the information required by Part], lines 30b, 32b, and 33, and whether the organization is reporting In Park 1, column (b), the number of contributions, the number of items received, or a combination of both. Also complete this part for any additional information. .......................... ...................... ........ .............. ........................... ..................... .............................. . ................ ............................... ............. i . .......... — ............................................................................................................... ......................... . ..... F i i . ........................................................................................................................... ................... ..... ....... .......................... ..... . ......... .......... ... _.,...--........ ........................_....--......................._...._...--_.....-_..--. ............................... _ Schedu €a M (Form 990) (2412j DAA I 8019 C211312013 4:33 PM SCHEDULE O (Form 990 or 890 -EZ) 118par -1 of the Treasury interns€ Revenue Servite� Name of ffm organization Supplemental Information to Form 990 or 990-EZ VMVN..1"o -W Complete to provide information for responses to specific questions on 2012 Form 990 or &90 -EZ or to provide any additional information, i- Attach to Form 880 or 990 -EZ. == inoect'i❑n -s r sand 'gust, Employer Identification ntltnbtr 20-d162352 Form 990, Part Vi, ine 6 - Classes of Members or Stockholders I am u ers are.. eclulred t °... be..a.,member of the. organ��ation fora X1.00 annual fee. ...... 990, fart V ,r,..Line..7 b - Org ki#zation's Process ... t Review Form 990 Executive Director reconciles to the financial. records and reviews the form for filing Prior -to board officer __ : .......... ................. Forin 990, Part VI, Mine 12c - Enforcement of Conflicts Poligy... Staff monitors the.paiipy.and compliance requirement. In addition board mevibers are required to recuse thensealves frog anv matters on �i� agenda that could be considered a conflict of interest. ......................................................... ............................... ............................................................................................................. ............................... Form 99Q, Part VI, sine 15a -.. Compensation Process for Top Official The Executive Committee - Compared the salaries of Executive Directors -.to. .............................. . other ..like entities in order to determine the reasonableness of the comp: nsata orx ....................................... ............................... Foxm 990, part VI, Line l9 - Gorernin.. iu meats bascsux Ex-planation p Coverri3nc documents are made available upon recruest dorm 990.,. Part 1X,.. Line 24e Other . Expenses ............................ ......................... ... ... Description..... ...............1ot�s t .. Glosi _na'.Cost .................. ............. ............... �.r. 755........................... . ...... ............. . Pepar.. &..Maint- 331 d 31 ................ ............ -6, 67 ................................................ For Papermork Reduction Act Notice, seethe instructions for Form 890 or 990 -EZ. Schedule Q (Form 990 or 994 -EZ) (2072) PAA 8018 02M312013m33 PM Name Of the OTgarlizaton EMPICYer IdenIfflCallon ?lumber Delray Beach Community Land Trust, 120-4162352 ___________ ....... __5/77?................ __....................... . _�.. ............... __�_____ ..................... ............. ___ . .................................... $_____ _______ � Professional Services ____.____.__�_____3_,843 .......... .............. ...... ____......... � ___ ............... ���{>........................ ........... .......... .. �]�g���g�--------. ......... ........ ����B!����---------------.�-----�/���.---------------' ]����.�� _---- ................................... ...... --..�'�4.q_— ........ ---....................... . ............ ---------------- .{]tbor.. ___ ....... __.............. _____ ________________ _ _ _�5_________. ............... ............ .................... ...... ...... ��� .�31________.. ............... 1x�07 ................. .......... ____------- ........... ....... ...... ....... $............. --- .................................. 3.1. ...... _____ ......... ___...... �_____._. _________________________________� . ���� ------------'�------.���— ................. ------......... ./CODA`..Mast���'Feea________�______A______.,8S�________________ ..................................... ...... ....... —73Q_....... ............... .................... �'Me aIo_..__________ ......... ...... ........... _____.67U________________. ..�ao�. ____________ ........ _________ ____________ .............. ........... -----_____---------�-----��� 3 — � ---------------- ------------'�------�2�0-------------___ .......... --- ......... ................. --- .----------' . Taxes ---------.�-------.��----------------. Bank Char( $ 10 Schedule o (Form mmor on-U) (2012) DAA DELRAY BEACH COMMUNITY LAND TRUST, INC. AUDITED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 DELRAY BEACH COMMUNITY LAND TRUST, INC. AUDITED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 TABLE OF CONTENTS Independent Auditors' Report Financial Statements Statements of Financial Position Statement of Activities Statement of Cash Flows Notes to Financial Statements 5 -11 Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 12 -13 INDEPENDENT .A,UDITORS REPORT To the Board of Directors Delray Beach Community Land Trust, Inc. We have audited the accompanying statement of financial position of Delray Beach Community Land Trust, Inc. (a non - profit corporation) (the "Organization ") as of September 30, 2012, and the related statements of activities and cash flows for nine months then ended. These financial statements are the responsibility of the Organization's management, Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United states of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of ]Delray Beach Community Land Trust, Inc. as of September 30, 2012, and the changes in its net assets and its cash flows for nine months then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report elated January S, 2013 on our consideration oft he organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. off, t _,a ;<a- Cassel Is & Associates, CPA, P.A. Certified Public Accountants Pembroke Pines, Florida January 8, 2013 Member of; Florida Institute of Certified Public Accountants Mailing Address: American Institute of Certified Public Accountants P.O. Box 920297 A1CPA Employee Benefit Man Audit Quality Center Office Address: 1911 NW 150 Ave., Ste. 203 Delray 73each Community sand Trust, Ina Statement of Vinanoial Position September 30, 2012 ASSXTS CURRENT ASSETS Gash & Gash Equivalents Account Receivable Prepaid Expense & Other Current Assets TOTAL CURRENT ASSETS OTHER ASSETS Leased Land - Restricted (Note 2 & Note 3) Other Land - Restricted Note 2 & Nate 3) Leased Property Improvements (Note 2) Property Improvements Feld for Sale (Note 2) TOTAL OTHER ASSETS TOTAL _ S 264,629 2,660 6,907 274,196 3,834,320 518,532 599,476 599,476 4,352,852 4,952,328 TOTAL ASSETS PERMANENTLY i3NRZ$'TA:CCTED i S RTC2 D $ 264,629 2,660 LIABILITIES ALTO NET ASSE'T'S 6,907 274,196 - 3,834,320 Account's Payable and Accrued Expenses 518,532 599,476 57,161 TOTAL _ S 264,629 2,660 6,907 274,196 3,834,320 518,532 599,476 599,476 4,352,852 4,952,328 TOTAL ASSETS $ 873,672 $ 4,352,852 $ 5,226,524 LIABILITIES ALTO NET ASSE'T'S CURRENT LIABILITIES Account's Payable and Accrued Expenses S 67,161 $ - $ 57,161 Line.of Credit 25,000 25,000 TOTAL CURRENT LIABILITIES 92, 161 - 92,161 Note Payable (Note 5) 325,249 M 325,249 TOTAL LIABILITIES 917,410 - 417,410 NET ASSETS Unrestricted (note 1) 455,262 456,262 Permanently Restricted (note 1) 4,352,852 4,352,852 TOTAL NET ASSETS 456,262 4,352,$52 4,809,114 TOTAL LIABILITIES AND NET ASSETS S 873,672 $ 4,352,852 $ 5,226,524 The Accompanying Notes are an Tntegral Part of These Statements - 2 - Delray Beach C=anunity Land Trust, Inc Statement of Activities >;or the Nine Months Encling September 30, 2012 The Ac=-m, ar4ying Notes arf' an Integral Part of These Statements 3 - Pe=nanently U=estricted Restricted Total GRANTS, SUPPORT AND REVENUES Public Support Grants $ 188,100 $ - $ 188,100 Contributions 138,206 (1071000) 31,206 Revenues: Developer Fees 35,304 35,304 Mental lnaama 18,457 18,457 Management Fee (Palm Manor) F Rental incorr:e 160,752 160,752 Ground Lvase Fees 19,783 19,783 Donated Facility 18,000 10,000 Other Income 2,891. 2,891 Fundraising 176 1743 Interest income 317 317 TOTAL 581,966 (107,000) 474,986 EXPENSE Program Services 474,786 474,786 Support Services 99,321 99,321 k'Undraising Expense TOTAL EXPENSES 574,107 - 574,107 InCREA5C (DECREASE) IN NET ASSETS 7,879 (107,000) (99,121) NET ASSETS AT BEGINNING OF YEAR 448,363 4,459,852 4,908,235 NET ASSETS AT ENS] OF YEAR $ 456,262 $ 4,352,652 $ 4,809,319 The Ac=-m, ar4ying Notes arf' an Integral Part of These Statements 3 - Delray Beach Community Land Trust, Inc Statement of Cash Flows For the Nine Months Ending September 30, 2012 CASH FLOWS FROM OPERATING ACTIVITIES, Increase (Decrease) in Net Assets Adjustments to Reconcile Increase in Net Assets to Net Cash Provided by Operating Activities: Property Contribution (Increase) Decrease in operating activates :: Accounts Receivable Prepaid and Other Assets Increase (Decrease) in Operating Liabilities: Accounts Payable & Accxued Expense . NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES CASE FLOWS FROM I=STING ACTIVITIES: Property Purchase Addition to Building Improvements Sale of Property NET CASH PROVIDED (USED) BY INVESTING ACTIVITIES: CASH FLOWS FROM FINANCING ACTIVITIES: Proceeds from Line of Credit Principal Payment on Loan NET CASH hINANCING (U2ED) BY INVESTING ACTIVITIES: NET INCREASE (DECREASE) SN CASH & CASH EQUIVALENTS CASH & CASH EQUIVALENTS AT THE BEGINNING OF YEAR CASH & CASH EO- UIVALENTS AT END OF YEAR $ (99,121) (1,210) 2,239 38, 584 $ (59,508) (64,705) (32,860) 553,506 $ 455,941 25,000 (361,350) $ (336,350) $ 60,083 204,546 $ 264,629 The Accompanying Notes are an Integral Part of 'These Statements - 4 - DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 1 W NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Mature of Activities, Delray Beach Community Land Trust, Inc (the Organization) is a not -for- profit corporation organized in January 2006 under the laws of the State of Florida for the general purpose of owning land and providing affordable housing opportunities for low and moderate income individuals in Delray Beach, Florida, Support and revenue are obtained primarily from focal government grants, contributions from local governments and other private developers, memberships, and the sale and leasing of property. Property consists of land and property improvements (homes). Since October 1, 2006, the Delray Beach Community Land Trust operated as an independent private not - for- prof€t Organization and was not considered a component of the Delray Beach Community Redevelopment Agency (CRA) relative to the issuance of financial statements. Prior to that period, the Organization was considered a component unit of the CRA. The financial statements for the period from inception to September 30, 2006 of the Organization were included in the CRA's financial statements. Significant Accountin Folic €es: Use of Estimates in the Preparation of Financial Statements; The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues, support and expenses during the period. Basis of Presentation: financial Statement presentation follows the recommendations of the Financial Accounting Standards Board in its Accounting Standards Codification ( "ACS ") which establishes FASB ASC as the source of authoritative U.S. accounting and reporting standards for nongovernmental entities. The Organization's resources are classified and reported in the accompanying financial statements as separate classes of net assets based on the existence or absence of donor - imposed restrictions as follows: Restricted and Unrestricted Revenue Su ort: Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support, depending on the existence and /or nature of any donor restrictions. In addition, the Organization recognizes only those contributed services, which are provided by individuals possessing "specialized skills ". The Organization has designated, through approval by the Board, that a general reserve of $88,392 be established and maintained in order to provide capital for unexpected needs in the future. Support that is restricted by the donor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the support is recogn €zed. All other donor - restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted assets and reported in the Statement of Activities as net assets released from restrictions. Page ( S DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 1— NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Real Estate Property Sales; The difference between the proceeds received and the carrying value of property improvements is recognized as a gain or loss at the time the home is sold. In addition, at the time of sales, the Organization receives a 3% or 6% developer fee which is separately recorded as revenue by the Organization. Promises „to „Give: Contributions are recognized when the donor makes a promise to give; that is, in substance, unconditional. Contributions that are received subject to certain donor stipulations are reported as increases in unrestricted net assets if the restrictions expire in the fiscal year in which contributions are recognized. All other donor- restricted contributions are reported as increases in temporarily or permanently restricted net assets depending on the nature of the restrictions. When a restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets. Conditional promises to give are recognized when the conditions on which they depend are substantially met. Other Assets: Other assets which are principally land, homes, and other assets held by the Organization for future sales are recorded at cast, if'purchased by the Organization or at fair value at the date of the gift, if received as a donation. Constructed assets are recorded at cost, including all project costs for construction and development. Donations are reported as unrestricted support unless the donor has restricted the donated asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire assets are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Organization reports expirations of donor restricted assets when the donated or acquired assets are placed in service as instructed by the donor, The Organization reclassifles temporarily restricted net assets to unrestricted net assets at that time. Donated Use of Assets and Donated Services: The estimated fair value of the free use of assets owned by others, and the estimated fair value of contributed services of individuals with special skills over which the Organization exercises control, and which constitute a part of the normal program or services that would otherwise be performed by paid personnel, the amount of which is clearly measurable, are also recorded and reflected in the accompanying financial statements. Income Taxes: The Organization is exempt from federal income taxes under the provisions of the Internal Revenue Code Section 501(c) (3 ). Cash and Cash Equivalents; For purposes of raporting cash flows, the Organization considers all money market funds with an original maturity of three months or less to be cash equivalents. Concentration of Credit Risk: The Organization occasionally maintains deposits in excess of federally insured limits. Statement of Financial Accounting Standards No. 105 indentifies these items a5 a concentration of credit risk requiring disclosure, regardless of the degree of risk. The risk is managed by maintaining all deposits in high quality financial institutions. Page 16 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL. STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE i-- NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Compensated Absences: The Organization permits employees to accumulate earned but unused personal time off (PTO) benefits. All PTO is accrued when earned. Any PTO unused at the end of the fiscal year is shown as a Ilabllity and is reported in the statement of financial position as an accrued expense. Any amounts unused when an employee is terminated or retires is paid out of operating funds. Held for Sale Assets: The Organization holds assets for sale. These assets are to be sold to love to moderate income household, The assets include land and improvements upon the land (houses) which are recorded at historical cost. Once the assets are sold the improvements are no longer recorded, however the land which is subject to a 99 -year ground lease is held by the organization. The leased land is shown as permanently restricted assets, while the improvements are unrestricted upon sale. NOTE 2 -- OTHER ASSETS The Organization maintains ownership of the land for which the homes have been sold to individual homeowners, lndlvidual homeowners are required to enter into 99 -year ground leases on the land to ensure that property is retained for affordable housing purposes. These lands have been classified as leased land and are considered permanently restricted. A portion of the land acquired was donated by the City of Delray Beach (the "City ") and the Delray Beach Community Redevelopment Agency. All land acquired is considered permanently restricted, Land contributed by the City of Delray Beach and the Delray Beach Community Redevelopment Agency are to be used for affordable housing programs in accordance with the Delray Beach Master Plan. The value of these lands is shown as permanently restricted net assets on the statement of financial position. Improvements property for sale and leased buildings represent homes that are being held by the Organization for sale /resale to very low, low and moderate income individuals. Other assets activities as of September 30, 2012 are as follows; Description Leased Land -- Restricted Other Land -- Restricted Leased Property Improvement Property Held For Sale December 31, Land September 30, 2011 Addition Sold leased 2012 $ 3,846,180 $ (11,860) $ 3,834,320 &13,672 3,000 (110,000) 11,860 518,532 493,616 105,860 599,476 443,506 (443,506) - Total Other Assets $ 5,396,914 $ 108,860 $ (553,506) $ - $ 4,952,328 Conditions in the real estate market in Florida are currently unstable and may result in potential declines in the value of property held by the Organization, Page 17 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 3-- PERMANENTLY RESTRICTED NET ASSETS Land purchased or donated with donor restrictions requiring the land to be used for the general purpose of providing affordable housing opportunities for low and moderate income individuals in Delray Beach, Florida has been reported as permanently restricted. NOTE 4 — GRANTS Grants are subject to annual renewal and periodic amendments and require the fulfillment of certain conditions as set forth in the instrument of the grant. Failure to fulfill the conditions could result in the return of the funds to grantors. Although that is a possibility, the Organization deems the contingency remote, since by accepting the contracts and their terms it has accommodated the Objectives of the grantors to the provisions of these contracts. For the nine months ended September 30, 2012, the Organization received an operating grant of $187,500 from the Delray Beach Community Redevelopment Agency, NOTE 5-- NOTES PAYABLE Ac uisition and Construction loans: The Organization obtained various mortgage and construction loans from the Delray Beach Community 'Redevelopment Agency. The loans are non - interest bearing and are repayable at the time the property improvements are sold to qualified individuals. The loan terms require repayment of the proceeds from the sale of property improvements, less closing costs and a developer's fee. Certain loans acquired during the fiscal year ended September 30, 2006 also allowed the deduction of a land credit at the time of resale. Generally, the [and acquisition loans are considered a contribution at the time it is made as repayment is not expected and the amount of the repayment cannot be determined at the time of the loan. As the balance of the construction and property improvement loans repayable is contingent on the purchase price of acquired property improvements, certain balances are written off at repayment. These write -offs are recognized as contributions at the time the property improvements are sold. The loans are collateralized by the land and property improvements acquired by the loan. The loan agreements restrict the use of the real property acquired'by the loans to be used for affordable housing programs. Note Ravable: €7BCRA City of Delray Beach Total Note Payable Page 18 December 31, Addition Repayment Write aff Sopternber 30, 2011 2012 $ 518,954 $ 11,295 $ 205,0D0 $ - $ 325,249 156,350 156,350 - $ 575,304 $ 11,295 $ 361,350 $ - $ 325,249 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS - FOR THE NINE MONTHS ENDED SEPTEMBER 30,201Z NOTE 5 -- NOTES PAYABLE (Continued) State Initiatives Housing Program SHIP Loans: The Organization has entered into a sub - recipient partnership agreement with the City of Delray Beach under which SHIP subsidy funds are received to assist low to moderate income hornebuyers to purchase affordable homes from the Organization. The subsidy funds are considered loans to the organization at the time of disbursement, The loan amount varies from $35,000 to $75,000. The loans are non - interest bearing and require no interest payment unless a qualifying event occurs. As the eventual repayment the loan is uncertain, no amount has been recorded in the financial statements at September 30, 2022 relating to these. loans. See Note 10 for more information. The loans are collateralized by the land beneath the property improvements for which the subsidy funds were received. The loan agreements restrict the use of the real property acquired by the loans to be used for affordable housing programs. During the nine months ending September 30, 2012 the DBCLT expended $0,00. NOTE 6 — EMPLOYEE BENEFIT PLAN Employees of the Organization are eligible to participate in a 401K plan. In order to be eligible the employee must have obtained the age of 21 and have completed three months of service with the Organization. The plan establishes 100% matching contribution up to 7% of eligible salaries and was approximately $15;269 for the nine months ended September 30, 2012, Fmployees may contribute up to the maximum established by law. The plan vests as follows: Years of Service Percent Vested -- ^ 0 -1 0% 1-2 20% 2 -3 40% 3 -4 60% 4 -5 80% S+ 100% MOTE 7— IN-KIND CONTRIBUTIONS During the nine months ended September 30, 2012, the City provided the Organization with office space for use in its programs. The Organization recognized revenue and expense in the amount of $18,000 in conjunction with the donation. The City also provides certain computer services to the Organization. These services are considered non- professional and as such are not recorded in the financial statements, NOTE 8 — CONCENTRATIONS To date, the Organization obtains a substantial portion of its loans and operating grant from the Delray Beach Community Redevelopment Agency (CRA). Loss of funding from the CRA could significantly affect the Organization's operating ability. Page 19 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES To FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 9 — COMMITMENTS Lease of Properties Owned by the Qrganization: The Organization has entered into several ground lease agreements whereby the Organization has [eased the land underlying several properties sold to individual homeowners under 99 -year leases. The Organization has also entered into lease -to- purchase agreements whereby the Organization has leased certain property improvements to potentfaf homebuyers with the option to purchase the property improvements. Total rental income for the nine months ended September 30, 2012 was approximately $18,457. Ground Lease Fees: The Organization also leases residential housing and land to various individuals to further its mission of providing low cost housing. The leases are made for varying periods. The ground leases include use restrictions, Due to the uncertainty of future rental collections, no amounts are disclosed for future rental income. For the most recent fiscal year the Organization had ground lease revenues of approximately $19,783. Atlantic Paris Square Project. The Organization has an agreement with the CRA to acquire and develop improvements on certain real property consisting of 20 lots. Linder the agreement, the Organization will manage and finance development of the property. Cinder a second amendment to the agreement, the Organization will acquire the related land at a price of $10 per lot after securing a signed contract for the sale of the related property improvements to 'a third party buyer. As of September 30, 2012, 15 lots has been developed. NOTE 10 -- CONTiNGENCJES Land Mart9a9e Loans; The Organization has recognized contributions of various land mortgage loans that are not expected to be repaid. In the event that property improvements on the lands are sold at a Price exceeding any associated construction obligation, a portion of this balance may be subject to repayment to the Delray Beach Community Redevelopment Agency. Management believes that this event is unlikely given the restriction of property improvement sales to law to moderate income individuals, State Initiatives Hausin Pra ram SHIP loans: As noted in Note S, the Organization has received certain subsidy funds from the City of Delray Beach which are considered non - interest bearing loans. The loans require no principal or interest payment unless a qualifying event occurs. Qualifying events include: a) sale or transfer of the property in such a manner that it is no longer held in trust for affordable housing programs; b) the Organization dissolves and /or ceases to exist as a 501(c) (3) not --for- profit corporation; c) the unit is rented without prior authorization from the grantor; d) the unit is refinanced with prior authorization from the grantor; e) failure to follow guidelines of the Community Land Trust and the Local Housing Assistance Plan; f) failure to follow guidelines of the sub - recipient agreement; and g) failure to follow the requirements of the City or the CRA, if a qualifying event occurs, the loans would become due and payable on the demand of the City. The total SHIP funds received through September 30, 2012 by the Organization is approximately $1.85 million, with $0.00 received as of September 30, 2012. Page 110 DELRAY BEACH COMMUNITY LANs] TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30,201Z NOTE 11- GROUND LEASE- PROPERTY MANAGEMENT AGREEMENT On September 22, 2011, The Organization entered into a 5 year Ground Lease - Property Management Agreement with the Delray Beach Community Land Trust to manage a 25 unit apartment complex located in the City of Delray (Palm Manor Apartments). For the nine month ended September 30, 2012 total revenue recognized in the accompanying financial statements was $150,752. NOTE 12 - UNCERTAIN TAX POSITIONS The Organization is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code, The Organization believes that it has appropriate support for any tax positions taken, and as such, does not have any uncertain tax positions that are material to the financial statements, NOTE 13 — LINE OF CREDITS The Organization has a $50,000 unsecured bank line of credit which matures March 2, 2013. Amounts borrowed under this agreement bear interest at the bank's prune rate (3.50% at September 30, 2012). At September 30, 2012, $25,000 was outstanding on this line. The Organization has a revolving $100,000 line of credit secured by first real estate mortgage on properties owned by DBCLT in Delray Beach. The loan matures March 2014 and carries a fixed interest rate of 5.25 %. At September 30, 2012, no amounts were outstanding on this line. NOTE 14 —SUBSEQUENT EVENTS The Organization has evaluated subsequent events through January 8, 2013, the date which the financial statements were available to be issued, noting no significant events that did not exists as of the date of the statements of financial position, but arose after that date. Page 111 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the board of Directors Delray Beach Community Land Trust, Inc, We have audited the financial statements of Delray Beach Community land Trust, Inc., Florida (a non- profit corporation) (the 'Organization ") as of and for the nine months envied September 30, 2032 and have issued our report thereon dated January 8, 2013. We have conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered Delray Beach Community Land Trust, Inc.'s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control financial reporting. A deficiency In internal control exists when the design or operation of a control does not allow management cr employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstilternents on a timely basis. A material Weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. compliance and other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on Page (12 Member of: Florida Institute of Certified Public Accountants Mailing Address: American Institute of Certified Public Accountants Office Address: P.G. Box 820297 AICPA Employee Benefit Plan Audit Quality Center 1911 NW 150 Ave., Ste. 203 Pembroke Pines, FL 33082 AICPA Govermrteat Audit Quality Center Pembroke Pines, FL 33028 compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion, The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under GovernmentAuditlogStandards. This report is intended solely for the information and use of the Board of Directors, management and pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. Cassells & Associates, CPA, P,A. Certified Public Accountants Pembroke pines, Florida January 8, 2013 Page 113 znxnrusT.k Lula Butler- President Gary Eliopoulos -Vice President U.S. Air Force City of Delray Beach GE Architecture, Inc. C Community Improvement Director Vice President { 100 NW 1St Avenue 205 George Bush Blvd Lessee Representative Delray Beach, FL 33444 Delray Beach, FL 33444 Elected 12/20/2012 Email butler @ci.delray- beach.fl.us Email gary @eliarch.com Patricia Wright Public Representative General Representative Delray Beach Police Dept. Elected 12/20/2012 Elected 09/19/2013 20 N. Swinton Avenue Term Expires 09/18/2014 Term Expires 09/17/2015 Vicki Hill- Treasurer Morrie Weinman-Secretary Boynton Beach CRA U.S. Air Force Asst. Director of Finance Retiree 1023 Mango Drive 13850 Via Tivoli Delray Beach, FL 33444 Delray Beach, FL 33436 Email vhi111013 @hotmail.com Email mvtvthor @aol.com Lessee Representative General Representative Elected 12/20/2012 Elected 12/20/2012 Term Expires 09/18/2014 Term Expires 09/18/2014 Patricia Wright David Weatherspoon Retiree Delray Beach Police Dept. Miami -Dade Water & Sewer Dept. Sergeant 20 N. Swinton Avenue 300 W. Atlantic Avenue Delray Beach, FL 33445 Delray Beach, FL 33444 Email sunshinep57 @gmail.corn Email weathers@ mydeiraybeach.com Public Representative Public Representative Elected 09/19/2013 Elected 12/20/2012 Term Expires 09/17/2015 Term Expires 09/18/2014 Kimberly Camejo Polk Cotton City National Bank Retired Plumber Vice President 1025 Mango Drive 20 Thurlow Drive Delray Beach, FL 33444 Boynton Beach, FL 33426 Lessee Representative Email kimberl lv.cameio@citynational.com Elected 09/19/2013 Public Representative Term Expires 09/17/2015 Elected 09/19/2013 Term Expires 09/17/2015 1 Vince Larkins FHCenter of the Greater Palm Beaches President & CEO 1300 W. Lantana Rd. Ste 200 Lantana, FL 33462 Email vincef e almbch aol.com General Representative Elected 12/20/2013 Term Expires 09/18/2014 Dysonya Mitchell PBC School District Teacher 225 SW 7th Avenue Delray Beach, FL 33444 Email dmitch22 @fau.edu Lessee Representative Elected 12/20/2012 Term Expires 09/18/2014 Elton McGowan Jr. ABC Carpet & Home Assistant Manager 214 NW 8th Avenue Delray Beach, FL 33444 Email emcgowan @abchome.com Lessee representative Elected 09/19/2013 Term Expires 09/17/2015 Chuck West Morgan Stanley Wealth Management Financial Adviser 4776 Temple Drive Delray Beach, FL 33445 Email chuckwest2 @vahoo.com General Representative Elected 09/19/2013 Term Expires 09/17/2015 2 ERNEST G. S1MON DAV113 W. SCHMIMT City of Delray Beach 100 NW I" Avenue Delray Beach, FL 33444 ATTORNEYS AT LAW 140 NORTHEAST FOURTH AVENUE, SUITE A DELRAY BEACH, FLORIDA 33483 TELEPHONE (Se 1) 278 -2601 FAX (561) 265.0266 November 7, 2013 Re: City of Delray Beach RFP #02-2014NS Dear Ladies and Gentlemen: WEST PALM BEACH (561) 737 -62.22 Our office represents the Delray Beach Community Land Trust, Inc. (the "DBCLT "). This letter is submitted to supplement our client's response to the above - referenced RFP. In response to Part F — Litigation of the RFP, DBCLT is currently a defendant in a mortgage foreclosure action, Fifth Third Mortgage Co. v. Linda Phillips, Case No. 50201 OCA021788XXXXMB, as the DBCLT owns the underlying real estate. There is no potential financial liability on the part of DBCLT because of this case, and it will have no impact on the capacity of DBCLT to complete the proposed project. During the past 5 years, the DBCLT has been a party in the following law suits, all of which were in Palm Beach County: 1. DBCLT v. Cesar, Case No. 502012CCO 10388XXXXSB. Tenant eviction. 2. TD Bank v. Barnes, Case No. 502012CC010388XXXXSB. Mortgage foreclosure. 3. DBCLT v. Owens, Case No. 502011CC017657XXXXSB. Tenant eviction. Other than the Linda Phillips' mortgage foreclosure action, all the other cases have been resolved and are closed. Should you have any questions or require any further information, please do not hesitate to contact me. Sincerely yours, David W. Schmidt cc: DBCLT Certified Public AcCOUntanls Servi"!T the Itllltm in'. sttalcs: November %, 2013 Evenly S. Dobson, Executive Director Delray Beach Community Land Trust, Inc, 145 SW 12`h Avenue Delray Beach, FL 22333 Dear Ms. Dobson: .i 1 954.362.1811 T 1 888.362.18.11 i 954.899.5832 In response to your request .y a email on November 7ih. 2013, we wish to state the following, I. The audit for Delray Beacli Community Land Trust,. Inc„ for the year ending September 30, 2013 is to progress and no difficulties have occurred as of today which would hinder our ability to complete the audit and issue and opinion on the financial statements once issued. We estimated that the audit will be completed on or before January 2d ", 2014, contingent on any issues that may arise. 2. The Delray Beach Corr munity Land Trust, Inc., for the year ending September 30, 2012, was completed and issued January 8, 2013. We encountered no difficulties during the audit. If you have any questions please feel free to contact nee at. (954) 352 -1811, extension 122. Regards, A�� a U -W � pV-. Annette Cassells- Wilson, CPA President Cassells & Associates, CPA, P.A. Member of: Florida Institute Of Cerlified Public ACCOUrltarltti iet:tlllnU, Acltiress. American lnstittrte of Certified Public Accountants P.O. Box 820297 AICP,A Employee Benefit Plan Audit .Quality Center Pembroke Pines, FL 33052 A101A Government Audi[ Quality' Center Office Address: 3600 Red Road, Suit. 407 Miramar. I.1- 33025 WBE / MBE / DBE Not applicable to our non - profit 501(c)(3). CLT MARKETING PLAN TARGET AUDIENCES & MARKETING STRATEGIES 1. Applicants: Goal is to get prospective clients to inquire, qualify, and sign up for available properties (homes and rentals) : a. Orientation Sessions — Assist and inform prospective home buyers with determining whether the CLT Program is an option for them b. Home Ownership Classes — Offer free (or minimal fee) classes addressing FAQ that people have when they are looking for a home; cover Ground Lease, affordability, household budgeting, credit readiness (lender criteria), down payment requirements, etc. c. Open Houses —Show managed and DBCLT units or models that are available for sale or coming on line d. Participation in Home Expos and various events in Palm Beach County — Reach'a target audience by participation in structured Home Expo events along with a larger audience through festival type forums. 2. Membership /Donations: Goal is to increase membership base and donations from the public and corporations a. Annual Fund — mail membership /donation request form to DBCLT current members and others before the end of the fiscal year b. Online Donations —allow individuals to make donations anytime through the DBCLT website or other available avenues 3. Community at Large: Goal is to build a positive reputation for the DBCLT throughout the Delray Beach and South Florida community a. Press Releases — centered around major events, including success stories (sale of new and rehabbed homes), new projects (developments, not just individual single - family houses) b. Photo Ops — Invite press to open houses and other events that can provide good photo opportunities and human interest stories c. "Opening Doors ", DBCLT Newsletter — Produce a annual newsletter highlighting our program. Focus on raising awareness. d. "Facebook" link to website e. Website — a great primary source of information, including history of the organization, accomplishments, media coverage, available and upcoming housing, application process, etc. f. DBCLT Newsletter -- publish a annual or semi - annual newsletter; focus on the accomplishments or needs of choice; mail to DBCLT members and distribute at other public places 4. Sponsors; City of Delray Beach, Delray Beach CRA: Goal is to keep our sponsors abreast of DBCLT operations, financial status, and housing projects to ensure future support a. Status Reports — provide required monthly and quarterly status reports 1 b. Mailing List — add sponsors to email distribution lists and regular mailing lists for events /campaigns c. Partner Recognition — Include the sponsors logo in any official publications or venues where DBCLT partners and major supporters are recognized d. Lenders - Goal is to increase financing options for CLT customers by partnering with lenders to participate HOMEBUYER MANAGEMENT EXPERIENCE In line with our mission, the DBCLT provides an array of affordable housing options to income qualified, lender approved applicants within the City of Delray Beach for long terra residency. The Delray Beach Community Land Trust (DBCLT) is an independent 501 (c) (3) nonprofit, CHDO certified organization and an Equal Opportunity Employer (EOE), in partnership with the City of Delray Beach and the Delray Beach CRA, which was formed by community stakeholders in December 2005 to preserve the affordability of homeownership and rental units in the City of Delray Beach. The DBCLT sells and leases homes while retaining ownership of the land "in trust" for future generations. By owning the land under the home, the land trust is in a strong position to ensure that the subsidy is retained for the benefit of future families. Additionally, the DBCLT is an affordable, workforce housing initiative that provides a middle ground where both individual families and the community at large share in long -term affordability and wealth creation through ownership. Our primary and secondary clients are individuals and families whose lives are changed through our commitment to revitalize and stabilize the City of Delray Beach housing stock and blighted neighborhoods by working to eliminate barriers to affordable housing. The DBCLT board of directors and staff are most focused on its obligation to provide affordable housing opportunities for the very -low, low and moderate income households and the quality of housing options assuring timely delivery to our clients. We are an active member and participant of the Florida Housing Coalition, the South Florida Community Land Trust Collaborative and the National CLT Network. Twenty -nine 29% (18 units) of the DBCLT's Lessees are very -low income households, forty 40% (25 units) low and thirty -one 31% (20 units) moderate. 1 HOMEBUYER MANAGEMENT EXPERIENCE PROJECTS: IN FILL Development-Scattered Sites (38.`units) Since inception the Delray Beach CLT has developed and sold thirty -seven (37) three and four bedroom, one and two -story single family homes. Our homes all combine high quality construction and breathe taking architectural design elements to create a wonderful living environment at affordable prices. Construction and cost has been tailored to meet the needs of the very -low to moderate income households. The Delray Beach CLT in partnership with the Delray Beach CRA and the City of Delray Beach has achieved statewide and national recognition for its efforts to develop and sustain permanent affordable housing. ATLANTIC PARK. SQUARE (15- unitsSW 4th Avenue} Twenty -one (21) new, three and four bedroom single family homes, designed in the traditional neighborhood style with rear and side loaded garages, porches and "Floribbean Village" architectural design in partnership with the Delray Beach CRA and the City of Delray Beach, located two blocks from Atlantic Avenue on SW 14th Avenue. In addition, the streetscape beautification project and alleyway improvements has earned the DBCRA, City of Delray Beach and the Delray Beach CLT accolades from residents and community interest groups, as well as setting a precedent for appraisal comps in this area, during a steep economic downturn. Since March of 2009 the DBCLT has completed and sold fifteen (15) and one (1) new purchase contract of the twenty (21) single family homes. CODA TOWN HOMES (3 units -SW 2nd Avenue) Another example of the results of a successful partnership between the Delray Beach CRA and the Delray Beach CLT are the CODA Townhomes, three bedrooms with two and a half baths, ranging in size from 2,138 sf to 2,253 sf and two car garages located just 1 block off of Atlantic Avenue. The Delray Beach CLT acquired four (4) units ready for immediate occupancy in December of 2007 with three (3) units sold. . NSP (Neighborhood Stabilization Program) DISPOSITIONS The organization currently serves as a conduit to make it possible for approximately ten (10) very low to moderate income qualified applicants to purchase single- family homes, condos and townhomes through the Neighborhood Stabilization Program. 2 Staff Qualifications /Training Ms. Dobson served as DBCRA commission during the start -up of the Delray Beach Community Land Trust and was one of the original board of the directors. She began employment in January of 2007 with the DBCLT as Operations Manager. In November of 2008 became Interim Director. As Executive Director her role encompasses a broad range of responsibilities. She oversees all aspects of day -to -day operations and staff, recommend and implement adopted organizational policies and procedures, coordinate and evaluate housing program projects and services, ensure financial accountability and compliance of management and contractual agreements, statutory and regulatory requirements, and guidelines. She collaborates with partners and affiliates. Additionally, she has over 25 years of previous experience in the private sector; 8yrs. finance, 4yrs. for profit development and 13yrs. property management. PROFESSIONAL TRAINING: Lending Basics for Homeownership Counselors Introduction to Housing Counseling Nuts and Bolts of Asset Management Rental Housing Development Finance Acquiring and Managing Scattered Site Rental Housing CERTIFICATES OF COMPLETION AND HONORS: Managing Your Nonprofit for Results Planning for your Community's Affordable Housing Needs Enhancing Your Housing Strategies Creating and Sustaining Affordable Housing For Long Term Affordability Managing Organizational Change for Nonprofit Leaders Getting Governance Right NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition NeighborWorks Training Institute Florida Housing Coalition Florida Housing Coalition Florida Housing Coalition Nonprofits First Junior League of Boca Raton Gerecia Edmond, Housing Manager Since March 2006, Gerecia Edmond has diligently streamlined the sales and leasing of properties owned and managed by the DBCLT. Mrs. Edmond educates clients on the benefits of home ownership, review potential home buyer options, coordinates the sale of all homes, builds solid relationships with our bank partners, manages the allocation for local and state subsidy dollars and manages post - closing education and support services. Additional responsibilities include reviewing rental options with applicants; preparation and execution of lease agreements, prepare marketing materials, process payroll and human resource activities. She assists approved clients with interior finishes and exterior color choices coordinate site and homeowner maintenance, property management functions and other assigned task. Additionally, she has over ten years of sales and customer service experience. PROFESSIONAL TRAI N ING: Nuts and Bolts of Asset Management for Asset Managers NeighborWorks Training Institute Counseling Borrowers Who Purchase REO Properties NeighborWorks Training Institute FHA - Insured Loans: An Affordable Mortgage Option NeighborWorks Training Institute Acquiring and Managing Scattered Site Rental Housing Florida Housing Coalition 3 CERTIFICATES OF COMPLETION and HONORS: Planning for Your Community's Affordable Housing Needs Enhancing Your Housing Strategies Counseling Clients Seeking Rental Housing Expanding Homeownership Opportunities- The Lease Purchase Approach Homebuyer Education Florida Housing Coalition Florida Housing Coalition NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition Ahmed J. Burton, Wbrnebuyer Coardma #or Ahmed Burton began employment with the DBCLT in October of 2006. As Homebuyer Coordinator, he is primarily responsible for applicants data base, screening and assessment of all housing applicants (LEASING AND HOME BUYER), prequalification for renting and purchasing, assist Sales Manager with pre and post purchase orientations and workshops, package loan applications for lender a.pproval, obtains necessary document for submission according to down payment assistance providers program requirements to the City of Delray Beach staff and other organizations. He assists with site and homeowner maintenance, property management functions and other assigned task. Additionally, he has over three years' experience in public education. PROFESSIONAL TRAINING: Credit Counseling for Maximum Results Certified Housing Counselor Lending Basics for Homeownership Counselors Post Purchase Education CERTIFICATES OF TRAINING and HONORS: Understanding Credit Scoring Understanding The Income Qualification Process NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition Planning for Your Community's Affordable Housing Needs Florida Housing Coalition The Development Process Florida Housing Coalition Creating and Sustaining Affordable Housing for Florida Housing Coalition Long Term Affordability 4 f f 7i -K :...............:: S f' t' r u I, r ,4 C O "n U E d � o CD V t� O � t p Cd ® M U ct ul R� as N w; w� t' r u I, r ,4 M I' i •.I f 'V7= r i r' 1'f O O UA c Q ri iE O '~ CD c cn (yam{ i w� Su U Y s z 49, _y p�p ® V pp® 0' ii 0 V, pi •�V Iii q�� 4d _y p�p ® V pp® 0' Null Nk, 314 cn ```� \ -- "'111111 14.1 r--4 IT �-4 a yet I.I.. 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LUNI➢ILS.( HOME BUYER OPERATING PLAN Non - Discrimination Policy The Delray Beach Community Land Trust (DBCLT) is an Equal Housing Opportunity provider and conducts business in accordance with the U.S. Fair Housing Act, the State of Florida and City of Delray Beach anti - discrimination laves and policies. The fair housing logo will be used on all promotional material. Threshold Eligibility Criteria: To purchase a DBCLT Property, an applicant must meet the following threshold criteria. 1. Le al Status and Com etenc . Applicants must be of legal age, a legal resident of the United States and competent to consent and enter into legally binding contracts. 2. Creditworthiness. In all cases, an applicant household should be able to demonstrate a sense of ownership of its financial obligations, and a history of successful and responsible effort to honor its financial obligations. 3. Mortgage readiness. A household may be credit - worthy but not mortgage -ready (i.e. not enough cash to close the transaction; insufficient tenure at current job, etc.). Therefore, during the DBCLT application process, an applicant household must provide evidence of having a. cash savings equal to at least 5% of the purchase price; and b. an ability to obtain a mortgage pre - approval letter and /or a mortgage commitment letter directly from a DBCLT approved mortgage lender. 4. Income Eligibility: NOTE: For the purpose of determining household income and, accordingly, household eligibility for subsidy dollars, the income of all household members must be disclosed. a. Maximum Income. To be considered for selection, the household income of DBCLT applicants may not exceed 120% of the area median income (AMT) earned by households in Palm Beach County that are of the same size as the applicant household. AMI figures, adjusted for household size in Palm Beach County, are published annually by the. U.S. Department of Housing and Urban Development (HUD). NOTE: Exceptions to DBCLT's maximum income eligibility criteria may apply in certain situations. For example: • Some subsidy providers impose incomes limits that are less than 120% of the AMI. Whenever this is the case, the subsidy provider's maximum income limit shall prevail. (See Subsidy Guidelines, below) • The DBCLT Board of Directors may, from time to time, waive certain homebuyer criteria, including maximum income limits, when doing so advances DBCLT's overall charitable mission, land acquisition and /or community redevelopment strategies. In such instances, however, the prospective DBCLT home buyer shall be required to execute, and abide by all provisions and terms of the standard DBCLT ground lease agreement. Occupancy Guidelines The maximum occupancy limit for DBCLT homes, as with all homes in the City of Delray Beach, will be regulated by the Building Officials & Code Administrators (BOCA) Maintenance Code, adopted by the City of Delray Beach. The BOCA Code outlines the minimum bedroom CMYL hxy�"5 or"" 1 c�l.�Lp-�i T— TMcKIRFP'SICITY12013 Rental n Homebuyerl3b -Home Buyer Operating Plan.doc 1 area (as well as the minimum living room, dining room, and kitchen space) required in relation to the number of persons in a household. Subsidy Guidelines 1. Income eligibility. DBCLT's maximum household income limit is 120% of the Palm Beach County AMI as determined annually by HUD. However, to be eligible to benefit from an allocation of available subsidies, the household income of a prospective home buyer shall be no greater than the LESSER of a. DBCLT's maximum household income limit; OR b. the maximum household income limit established by a DBCLT subsidy provider. 2. Subsidy Allocation - Subject to the maximum and minimum Debt -to- Income (DTI) Debt -to- Income (DTI) Guidelines 1. Maximum DTI. To insure that • monthly housing cost [i.e., mortgage payment, property taxes, hazard insurance premium, homeowner's association fees (if any), and ground rent]; plus • other household debt [e.g., credit cards, car loans, school loans, etc.] A household's debt obligations may be allocated, in general, as follows: • No more than 10% of monthly household income should be consumed by "other debt ". • No more than 35% of monthly household income should be consumed by the sum of the monthly mortgage payment, property taxes, hazard insurance premium, homeowner's association fees (if any), and ground rent. Asset Guidelines The DBCLT Board of Directors has published an approved list of asset inclusions and exclusions (see attached) for the purpose of calculating the value of an applicant's assets and for determining whether an applicant may be required to comply with the following asset guidelines. 1. An applicant may have personal assets up to 120% of the area median income (AMI) earned by households in Palm Beach County that are of the same size as the applicant household without affecting the applicants eligibility for available subsidy. 2. If an applicant's personal assets exceed the above value limit, the applicant's minimum down payment requirement may be increased to an amount that is no greater than the lesser of: a. 20% of DBCLT's cost to develop the homeownership opportunity in question; OR b. The value of the applicant's assets in excess of 120% of the AMI earned by households in Palm Beach County that are of the same size as the applicant household. In addition to the foregoing, the head of household or spouse /domestic partner of the head of the household may not own other residential property at the time of purchase without the express written consent of the Board of Directors. `PPG l09111 1 PACLT- TMcK\RFP'S\C1TY12013 Rental n Homebuyerl3b -Home Buyer Operating Plan.doc U P P {} &i 2 FLORIDA COMMUNITY BANK AFFORDABLE HOME LOAN PROGRAM (FCB Board Approved July 19"', 2012) Purpose: The Affordable Home Loan (AHP) Program will be used exclusively to accommodate persons of low to moderate income* and /or first time homebuyers who are purchasing property that is located within the Bank's assessment areas, for owner occupancy. Interest Rate: The interest rater will be derived from the following formula: The higher of either: FNMA 60 day (mandatory delivery) rate at time of application, plus .50 basis points rounded up to the nearest eighth. OR: a floor rate as established by the Bank's Director of Residential Mortgage Group Fees: AA 1% origination fee will be charged"as well as other usual and customary costs as disclosed on the Good Faith Estimate. Lock In: Maximum lock in period will be for 90 days from date of application" Loan -to- value: (a) Single family Residence /Condominiruns - up to 95% LTV *' without ]PM1 for buyers with household income up to 120% AML Combined loan to value (CLTV) which is the sum of the first mortgage plus all repayable /non- forgivable subsidies, may total up to 105% of the purchase price /appraised value.** Buyer Contribution: At least 3%** of the buyers' contribution must be from the borrower's own funds. Grant money or a gift from a relative may be added to these funds to meet any other requirements. Term: 30 year; fixed rate only. Purchase Price Maximums: City /County subsidy maximum purchase price guidelines apply where grant fiends are involved. Otherwise, FHA maximums apply. Qualifying Q: NK CRA Lending. Affordable Hone Loam Program Guidelines Approved. 7/19/12 Properties: Owner occupied, single family residences and condominiums only. Maximum Income Guidelines: Maximum income for participation in this loan program will be up to 120 %** of the area median income (AMI), adjusted for household size-, of the Metropolitan Statistical Area (MSA) in which the property is located. Maximum Debt to Income ratios: 35% for housing, 42% for total debt ** Total debt ratios up to 45% will be considered if at least two of the following compensating factors are presented: - Excellent credit history - Job stability - 2+ months PITT in reserves or LTV <80% - Rent-to -PITI increase shock @ /<40% Escrow: An escrow account for the collection of Taxes, Insurance (Flood and Hazard or HO6) is required. Closing Costs Can be a gift or seller concession up to a maximum of 6% of sales price. Employment: PINTA guidelines will apply for all required standards of employment (except part time which should be one year minimum), seasonal, overtime hours as well as the Self - employed borrower. Credit: Minimum credit score of 600. ** This may be waived by Department Manager's approval. Collection accounts -if any- (except medical) must be paid in full prior to closing. Proof of a payment plan of at least 6 consecutive months with all timely payments may be considered in lieu of pay off. Excessive overdrafts within the most recent 180 days prior to application may be a reason for denial. All derogatory credit requires an explanation. Short sales /deed -in -lieu of previously owned property must have occurred at least 2 years prior to closing date with satisfactory explanation and documentation. There must be no recourse for deficiencies by the former Lender. Any exceptions will be at the discretion of the Q: NM: CRA Lending: Affordable Home Loan Program Guidelines Approved: 7119/12 Underwriter, Director of Residential Mortgage Croup and Chief Credit Officer (CC®). Delinquency: 2X30 days late (maximum 2 accounts) in last 6 months is allowed. This and all previous late payments must be explained in writing. Education: Every applicant must have proof of having attended a HUD Certified "Community Home Buyer's Class ". Adjusted for family size; based on MSS median incomes xx Some individual program guidelines may vary Q: NM: CRALending: Affordable Home Loan Program Guidelines .Approved: 7/19/12 AM k .f r r 9 AM e t . .a Q Z� � ry� �d ®F'Y N 1- V�d r Zo v j 9 M-M . f k .f 9 Sy e t . .a Q Z� � ry� �d ®F'Y N 1- V�d r Zo v j 9 M-M . f nrixnr xehrrt' „ `aiAl7�� ORGANIZATIONAL STRUCTURE November 14, 2013 Evelyn Dobson, Executive Director Delray Beach Community Land Trust 145 5W 12th Avenue Delray Beach., EL 33444 Dear Mrs. Dobson: A funding Agreement was entered into on October 10, 2013, by and between: The DELRAY BEACH COMMUNITY LAND TRUST, INC. and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY. The CRA shall provide fiinding to DBCLT for ICY 2013 -2014 in the total amount of $200,000 under the A -GUIDE Grant Program for affordable housing within the Delray Beach Community Redevelopment Area. If you have any questions, please call me at 561 - 276-8640. Sincerely, 46L�"_/ Lori Hayward Finance & Operations Director Delray Beach CRA 20 North Swinton Avenue �, Delray Beach, Florida 33444 � Phone: 5611276 -8640 � fax: 5611276.8558 ► www.delroycro.org WBE / MBE / DBE Not applicable to our non - profit 501(c)(3). we make housing offorda6le- HondaHousin W 227 North Branough Street, Suite 5004 • Tallahassee, Florida 32301 850,488.4197 a Fax: 850, 88.9809 • www.fioridahousing.org F i n a n c e C o r p o r a t i o n May 31, 2013 Lula Butler, ,President Delray Beach Community Land Trust, Inc. 145 SW 12th Avenue Delray Beach, FL 33444 RE: Community Housing Development Organizations (CHDO) Service Area: Delray Beach Dear Ms. Butler: In response to your letter regarding the CHDO status of Delray Beach Community Land Trust, Inc., Florida Housing Finance Corporation (Florida Housing) is pleased to recertify your organization as a Community Housing Development Organization (CHDO). This certification will expire May 31, 2014, Florida Housing will send a notice annually to request updated information as required to monitor compliance CHDO eligibility. This notice does not guarantee approval for funding but precertifies the CHDO prior to application. If your CHDO applies for Florida Housing HOME funds, an updated CHDO Checklist will be required at the time of application. Florida Housing appreciates your efforts to provide affordable housing. If you have any questions, please feel free to contact me at (850) 488- 4197. Sincerely, Heather Boyd Federal Loan Program Manager Rich Scott, Governor Board of Directors; Leonard Tylka, Chairman Mary L. Demetree -.John David Hawthorne Jr. ° Brian Katz • Natache bAunilla a Bernard "Barney" Smith Executive Director; Stephen P. Auger State / Flori l Department of Statj� 1 certify frotn the records of this office that DELRAY BEACH COMMUNITY LAND TRUST, INC. is a corporation organized under the laws of the State of Florida, filed on January 17, 2006. The document number of this corporation is N06000000620. I further certify that said corporation has paid all fees dale this office through December 31, 2013, that its most recent annual report /uniform business report was filed on March 8, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolutim Given miler my heind and the Great Seal of the St ae Of Florida rrt Trrllirhassee, the Capital, this is the Eighth (lay of March, 2013 Authentication ID. CC3771553740 { 1 To authenticate this certificate visit the following sdte,enter this 11), nud then follow the instructions displayed. htips:l /ciite.su nbiz.org /certauihver.litnrl 20 13 FLORIDA NON PROFIT CORPORAT O A ENDED ANNUAL REPO R FILED DOCUMENT## N06000000620 Mar 0$, 2013 Entity Blame; DELRAY BEACH COMMUNITY LAND TRUST, INC. Secretary of State Current Principal Place of Business* 145 SW 12TH AVE DELRAY REACH, FL 33444 Current Mailing Address: 145 SW 12TH AVE DELRAY BEACH, FL 33444 FIEI Number: 20- 4162352 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: SCHMIDT, DAVID W. 140 NE FOURTH AVE„ STE.A DELRAY BEACH, FL 33483 US The above nanrerl entity submits this slatarrrant far the purpose of changing its registarect offica prregistered agent, orboth, In the Slate of Florida. SIGNATURE: Etectrork Signature of Registered Agent pate Officer /Director Detail Detail : Title DIRECTOR 'Flue VP Name COSTELLO, JEFFREY Dame ELIOPOULOS, GARY Address 20 N. SWINTON AVE Address 205 GEORGE BUSH BLVD. City -State dip. DELRAY BEACH FL 33444 City - State -Zip: DELRAY BEACH FL 33444 Title TD Title PRESIDENT Name HILL, VICKI Name BUTLER, LULA Address 1023 MANGO DRIVE Address 100 NW 1ST AVENUE City - State -Zip: DELRAY BEACH FL 33444 City- State -Zip. DELRAY BEACH FL 33444 Title SECRETARY Title DIRECTOR Name WEINMAN, MORRIE DR. Name DODSON, EVELYN S Address 145 SW 12TH AVE Address 945 SW 12TH AVE City - State -Zip: DELRAY BEACH FL 33444 Ctty -state -Zip: DFLRAYBEAGH FL 33444 I herebycarh'fythat the infomaatlonhdiealed on than report orsupplemenlal roporl is Irue endaccurare end Ihot my efecfronfa signarura shalfhave the same feyal effect as ifoads under oath; that Iam an o>raerordiroctorof the eorporallen or the recoiverartfustee empowerei to execule tf;Israpor! as requlmd by ehaplarw' Florida Slalules; andlhatmyrrame appears above, oronAn atlachment wish oil ofherAo empowered. SIGNATURE: EVELYN S DOBSON DIRECTOR 03/0812013 MectrorEic Signature of Signing Officer /Director Detail Date S- NTERNAI- RFVE1::;- SERV--CM P. O. BOX 2508 CINCINNATI CH 4520 r '�^L Mmployer idenzificat,on Number: NEMY B1.A 1.K1.fl M352 1705:517202200& DELRAY BEF%CH CO*,MR1TY LAND TRUST Contact Person: 'INC DAVID A DOMR mt 31358 20 N SWINTON P.VE Contact Telephone Number: DELRAY, FL 33444 (8771 829 -SSOG Accounting Period Ending: September 30 Public Charity Status: 170 (b) (1) (R) (vi) Form 990 Rec_ruired: yes Effective Date of Exemption: January 17, 2006 Contribution Deductibility: Yes Advance Ruling Ending Date: September 30, 2 ()10 awe: NOV ", 2 21% DEPARTMENT OF 78E TREASURY Dear Ppplicanc: we arc pleased tD inform you that upon review of your application for tax exempt status we have determined that you are exempt. from Federal income tax under section 501(C) (3) of the Internal Revenue Cade. Contributions to you are deductible under section 17o of the Code. you are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2105 or 2522 of the Code. Because this letter could help resolve any Questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the headipg of the letter. Shortly before the end of your advance ruling period, we will send you Faun M4, Support Schedule for Advance Ruling Pexiod. You will have 50 days after the end of your advance ruling period to return the completed form. We w ±11 then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations under section Sol (c)(3) for some helpful information about yvar responsibilities as an exempt organization. If you distribute funds to other organizations, your records must show whether they are exempt under section 502(c) (3). In cases where the recwpient organization is not exempt under sect or. 501(c) (3), you mast have evidence the Z unds will be used for section 501(c)(3) purposes. Letter 1045 (BO /CG) -I- -=FA :: �':�:•..`:la \��::• ....NND T:ti..w If you distrybt•te ft:r,6s to individuals, you should :seep case h-stor_es s;aca:_r_c; the recip2ert's name and address; the purpose of ,he award; the manner of se »action: and the reia;._or.shap: of the recipi di ent to any Of Your officers, zecto s, txtstees, merr]aers, cr major cop:tr burors. Ee have sOnt a cony of this 3ecter to your representative as indicated :n yot;r poker of attarnes. Sincerely, 1L169 y LOI S G. Lerner Director, Exempt Organizations rulings and Agreements Enclosures: Information for Organizations Exempt Under Section Statute Extension ' 2tLer 1G4S :Do; CL; y Dcr ;irunent �,f t�i�-'E"rca�ur. 4t IRS Intcrnnl f;c�cnur Serj'ite P.D. Box 2508 Cincinnati OH 003300 In reply refer to: 0248556166 45201 Aug. 11, 2010 LTR 41680 E0 20- 4162352 000000 00 00015698 BOAC: TE DELRAY BEACH COMMUNITY LAND TRUST INC 145 SW 12TH AVE DELRAY BEACH EL 33444 Employer Identification Number: 20- 4162352 Person to Contact: Mr Galluppi Toll Free Telephone dumber: 1- 877 -827 -5500 Dear Taxpayer: This is in response to your Aug. 02, 2010, request for information regarding your tax - exempt status. Our records indicate that you were recognized as exempt under section 501(c )033 of the .Internal Revenue Code in ra determination letter issued in November 2006. Our records also indicate that you are not a private foundation within the meaning of section 509(x) of the Code because you are described in secti0n(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to YOU as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you on for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov /eo for information} regarding fixing requirements. Specifically, section 6033(j) of the Code Provides that failure to file an annual information return for three consecutive years results in revocation of tax - exempt status as of the filing due date of the third return for organizations required to file, If you have any questions, please call us at the telephone number shown in the Reading of this letter, Sincerely yours, Michele M. Sullivan, Oper. 17gr. Accounts Management operations I (i t) 8410 Ulf 13•'2013 3:48 PM 0 Return of Organization Exempt From Income `Tax n�nNo.asasota7 Form Under section 501(c), 527, or4947.(a)(1) of the Internal Revenue Code (except black lung 2012 Departrtnl of ViaTreasivy biunefit trust or private foundation) .op.0t1 to PUbI'IC Inlemal Revenue Service P, The organization play have -to use a copy of fhis return to satisfy state reporting requirements. Ens ' oocpub - A For the 2012 calendar aar rir tax ear he irtnin 1101 12 andendintl 09130112 l3 Checkrappllcabts: C uameeforgan aEOn A Srnplvyarrdanlmeanonnum6er rArldresschal e --Dialray Beach Community Land Trust, NaEa9 Chanyoe D09r9 rlusiness is 20- ,4162352 Number and street (or P.0 box it makl is nu aehverad to alreer aldress) Rr�omrssdte h Telephone number lliiCalreluni 145 SW 12th Avenue Taiaf.i ted C,Iq, taWo Of 051 office. 5lale. and ZIP Code - Atnendedretmn Delray Beach UL 33444 474,986 Aprdic8liun (Boding F name and address or principal orlter - - H(n) Is li?la a graaptgltrrn far a(Ell:a!eS? You 1-'!a 14(01 Are alt arfilialas rncAided`? Yes No If w):o atlmil0li5i (ses int1wCLe1r31 1 Ta�examplstatu� x 5ot(cJla} 54 #(c! - �Qnsaiina.) 4947jo111}or 527 J warsrle; tt, 9A - -� -_- hte ('i(D13p t3 %enl ,ern': rL24rik>.r10 x Forr:te(o ,_ l6yon. X fripora {Inn Trost A3sa latiGa Oil ar �° L YeWo(lmmatnn:2006 M Sfata oil al demic(e: far Dart I Crrjnr -w" Under pedallies of peririry, i declare that I have examined this return, including accompanying schedules and statements, and to the bell of my knowledge and belief, it is love, correct, and complete, Dedarelion 61 preparer (other than officer) is based on all lnrari0lion of which oreoarer has anv knovrledae. - 1 Briefly describe the organizations mission or most Signif ibalit activities: " $IOU S,_r31vf otoIrtnr To Provide affordable housin g for vary low to . 'm'o'dera'te a.. n_ c.o.r.e individuals. Here r4 -IVPo nr pr11111arnn and Hite N -0 r7 ., ., ... .. ., .. _. -. ..:. . . ... . . . . . . : . . . .. .... ..... 2 Check this box 10, if the organization discontinued Rs Operations ar disposed of more than ...... .... .,. .. 25% of its net asses. - Printilypeprei7arer5r,0nie od 3 Number of voting members of the governing bony (Part VI, line 1.a) nature 3 12 CIIe:J; tf PrJN _ _ _ 4 Number of independent voting members of the governing body (Par( Vl, line 1b) Ann(itte Cassel] s�Yti3 sin 4 3,2 ' a S Total number of individuals employed in calendar year 2012 (Part V, line 2a) self- empinyad fi 4 k��,,,,e�,n b CaSSS11S & ASSbo.iateS CPA PA' 6 Total number of volunteers (estimate if necessary) Fenn'swA1, 15 0 _ 203 7aTolal unrelated business revenue fiom Par[ VIII. column _(C), line 12 7a Firm's a.., '1, Pembroke {) 33028 b Net unrelated business taxable Income from Form 990 -T Brie 34 - Plounu na, 954 --362 °1811 7b 0 PriarYeer Current Year 725,883 238,470 a 8 Cont ributians and gran (s (Part Vlll. line Ih) 8 Program service revenue (Part Vlll, line 2g) 147,060 236 .023 10 Investment income (Part V(ll, column (A), lines 3, 4,,and 7d} 539 317 I 1 Other revenue (Para Vill. column (A), lines 5, 6d, 8c, 9c, 10o, and 11e) 0 176 12 Total revolltie- add VMS 8throu 411 tnuste uatPartVlll,coftrJtin A,linel2 $73 482 474 986 13 Granls and similar amounts paid (Part IX, column (A), lines 1 -3) 0 0 14 13eneMs paid to or for members (Part IX, column (A). tine 4) 0 0 w 15 Salaries, oif)er wnJpensatiort, employee benefits (Part IX, colztJrtn (A ),lines 5 -1-0) 2B7,619 -- 194,287 0 0 lfiaf'rofessioital €(nidralsing fees (mart IX, colurrn (A), tine 11e). h Total fundraising expenses (Part IX, column (D), line 25) ® 0 1E 17 Q[her;expettses (Part tX, catumn (A}, lines 118 -11d, 11f -24e} 1-70,099 379,824 18 Total expenses. Add lines 13 -17 (must egwl fart IX, column (A), IinE 25) 457,718 574,111 19 Rovanue less expenses, Subtract line 18 front line 12 415,764 x-99 125 Be innin of Current Year ear WOW( 5 612 116 5,226,525 = 20 Total assets (Part X, lino 1-6) 703 8 B 417 ,41.5 21 Total liabilities (Part X. line 26) z 22 Net assets or fund balances. Subtrac( tine 21 from litre 21) 4 908,2351 4 80 9 110 P[aY(_(I_ �iyli�`CU['2 B)OCIi Under pedallies of peririry, i declare that I have examined this return, including accompanying schedules and statements, and to the bell of my knowledge and belief, it is love, correct, and complete, Dedarelion 61 preparer (other than officer) is based on all lnrari0lion of which oreoarer has anv knovrledae. - May the IRS discuss this return with ilia preparer shown above? (see lnsiruciians) , , , , , . _ . -, , , X Yes No Far Paperwork Redacilon Act Notice, see the separate instruct(uns. Form 99 (2012) nM $IOU S,_r31vf otoIrtnr Gave Here -IVPo nr pr11111arnn and Hite Printilypeprei7arer5r,0nie .parer5 nature l)�1.6 CIIe:J; tf PrJN Pal Ann(itte Cassel] s�Yti3 sin ' D2/i3/ self- empinyad 1?0067256s k��,,,,e�,n b CaSSS11S & ASSbo.iateS CPA PA' Fenn'swA1, Use useoaJty 1.911 NW 1.50 Ave Ste 203 Firm's a.., '1, Pembroke Proles FL 33028 Plounu na, 954 --362 °1811 May the IRS discuss this return with ilia preparer shown above? (see lnsiruciians) , , , , , . _ . -, , , X Yes No Far Paperwork Redacilon Act Notice, see the separate instruct(uns. Form 99 (2012) nM 8016 02113/2013 4:33 PM t=orm990 2012 Delray Beach Cortmun,it Land Trust 20-4162352 Page 2 Statement of Program Service Accomplishments Check if Schedule C contains a response to any question in this Part W. ............. .............. 1 Briefly describe the organization's mission: To Provide affordable housing for ve y ; oa ta mndera�e i�cdn� individuals. 2 Did the organization undertake any s €golCcant program services during the year which wore not listed on the prior Form 990 or 990-EZ? D Yes ® f4a If "Yes," describe these new services on Schedule O. 3 Did the organization cease conduoting, or make significant changes in how it conducts, any program serv€ces? E] Yes ®�7o if "Yes," describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and ailocaiion3 to others, the total expenses, and revenue, If any, for each program service reported. 4a (Cade:... , .... ) (Expenses $ 4 7+4 7 95 Including grarnts of$ .... . . .................. ) (Revenue $ ) To „Prov' de affordable hoes nq for very low to moderate income individuals. ...... .......... ............................ ...................................................................................................... ............................... ..................... .......................... . . . .. ................. ...................................... ....................... .................... ... .................... ............... ...... ....... ........................................... I............ .................................................. ........ ....................... ........................... ............................... ... .......................... ................... ..............,,.............. ........... ............ ........ ........... ......... ..,... 4h (Code: ) (Expenses $ .... including grants of$ - ) (Revenue $ ) ...................................................................................................................... ............................... 4c (Code :........ ) (Expenses $ ... includinggrants of$ ....... (Revenue $ ) ..................... ............. ......... ......... ............................................ ..... .... ........ I...... ............. ........................... ............... .............. .................................................... ................ .......... ..... -.. ......................... ....... ... ............ .,........,., ........................ ........... , .................... ................- -...,. 4d Other program services. (Describe In Schedule O.) service a'A Form 990 (2412) 601602!13120134:33 PM Form 990 2012 De1ra Beach Cot unit Band Trust 20-4162352 Page 3 J i# 1 Checklist of Requ red Schedules 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If `'Yes," complete Schedule A 2 Is the organization required to complete Schedule 8, Schedule of Contributors (see Instructions)? 2 X 3 Did the organization engage in direct or indirect political campaign activit €es on behalf of or in opposition to candidates for public office? If "Yes," complete Schedule C, Part 1 ................ ....... 3 4 ........ ...... .... ..... ...•..........., Section 601(c)(3) organizations. Nd the organization engage In lobbying activities, or have a section 501(h) election in effect during the tax year? If 'Yes," complete Schedule C, Part 11 ...................... 4 X 5 ............................ . .• Is the organization a section 501 {c)(4), 501 (c)(5), or 501(c)(6) organization that receives membership dues, assessments, or emllar amounts as defined in revenue Procedure 98 -19? if "Yes," complete Schedule R, Part Iii b X 6 Did the organization maintain any donor advised funds or any s €mbar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? if "Yes," complete Schedule D, Part 1 6 X 7 Did the organization receive or hold a conservation easement, Including easements to preserve open space, the environment, historic land areas, or historic structures? If "Yes,' complete Schedule D, Part it 7 X 8 Did the organization mafntaln collections of works of art, historical treasures, or other similar assets? If complete Schedule D, Part 11€ g X 9 Did the organization report an amount in Par[ X, line 21, for escrow or custodial account liabllity; serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotlatfon sery €cos? If "Yes," complete Schedule D, Part IV g X 10 D €d the organization, directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments, or quasi - endowments? If "Yes," complete Schedule D, Part V 10 X 11 If the organ"zat €on's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VI f, Vl 11, IX, or X as applicable. a Did the organization report an amount for land, bulldings, and equipment in Part X, line 10? If "Yes," complete Schedule D, Part Vi 11a X b Did the organization report an amount for investments —other securities in Part X, line 12 that Is 5% or more of its total assets reported in Part X, fine 16? If "Yes," complete Schedule D, Part V €1 ............................................ 11b X c bid the or report an amount for Investments --- program related In Bart X, line 13 that is 50A or more of Its total assets reported In Part X, line 16? If "Yes," complete Schedule D, Part Vill 11c X d Did the organizat €on teport an amount for other assets in Part X, line 15 that Is 5% or more of its total assets reported In Part X, fine 187 If "Yes," complete Schedule D, Part IX 11d X e ..... Did the organization report an amount for other liabilities In Part X, line 257 If "Yes," complete Schedule D, Part X 11e X f ............... Did the organization's separate or consolidated financial statements for the tax year Inolude a footnote that addresses the organization's liability for uncertain tax positions under FIN 4$ (ASC 740)? If "Yes," complete Schedule D, Part X 11f X 12a .........,,, Did the organization obtain separate, Independent audited Financial statements for the tax year? If "Yes,' complete Schedule D, Parts XI andXll .................... ........ .......... .......... ... 12a X b Was the organization included in consolidated, independent audited financial statements for the tax year? If "Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts Xf and Xtl is optlona€ 12b X 13 .................... Is the organization a school described In section 170(b)(1)(A)(H)? If "Yes,° complete Schedule E 13 X 14a . ............................... Did the organization maintain an office, employees, or agents outside of the United States? 14a X b Did the organizatlon have aggregate revenues or expenses of more than $10,000 from granfmaking, fundrais €ng, business, Investment, and program service activities outside the United States, or aggregate foreign Investments valued at $100,000 or more? If "Yes," complete Schedule F, parts I and IV 14b X 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or assistance to any organization or entity located outside the United States? If "Yes,° complete Schedule F, Parts II and IV 15 X 16 .......................... Did the organization report on Part IX, column (A), fine 3, more than $5,000 of aggregate grants or assistance to individuals [coated oulslde the United States? If "Yes," complete Schedule F, parts III and IV 16 X 17 Did the organization report a total of more than $15,1700 of expenses for profession[ fundraising servioeson Part IX, column (A), lines 6 and 11e? If "Yes," complete Schedule G, Part I (see Instructions) 17 X 18 Did the organization report more than $15,000 total of fundrals €ng event gross Income and contributions on Bart Vill, lines 1c and 8a? If "Yes," complete Schedule G, Part II 18 X 19 Did the organization report more than $15,000 of gross Income from gaming activities on Part VIII, line 9a? If "Yes," complete Schedulo G, Part €II 19 X 20a ..... Did the organization operate one or more hospital facilifts7 If "Yes," complete Schedule H 20a X b If "Yes" to line 20a, did the organization attach a conv of Its audited financial statements to this retur0 2(1 h Form 990I2012) I)AA 801802i1=0134 -M PM Trust, 20— 21 Did the organlzation report more than $5,000 of grants and other assistance to any government or organization in the united States on Part IX, column (A), line 17 If "Yes," complete Schedule 1, Parts I and II . •.. , • .. • ..... • .. • . _ • . • ... 21 X 22 bid the organization report more than $6,000 of grants and other assistance to Individuals In the United States on Part IX, column (A), line 27 If "Yes," complete Schedule 1, Parts I and II! 22 X 23 Did the organization answer "Yes" to part VII, Section A, line 3, 4, or 5 about compensation of the organization's current and former officers, directors, trustees, trey employees, and highest compensated employees? If "Yes," complete Schedule 3 23 X 24a Rid the organization have a tax - exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 20027 If "Yes," answer Ifnes 24b through 24d and complete Schedule X, If "No," go to line 25 24a X 2410 b Did the organization invest any proceeds of tax - exempt bonds beyond a temporary period exception ? .......................... . C Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease, any tax - exempt bonds? 24c 24d d Did the organization aot as an "on behalf of issuer for bonds outstanding at any time during the year? 25a Section 601(c)(3) and 601(c)(4) organizations. Did the organization engage in an excess benefittransaetion with a disqualified person during the year? If "Yes," complete Schedule L., Part I 25a X b Is the organization aware that It engaged in an excess benefit transaction With a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forts 990 or 990 -=? If "Yes," complete Schedule L, Part t 25b X 28 Was a loan to or by a current or former officer, director, trustee, key employee, highest compensated employee, or disqualified person outstanding as of the end of the organization's tax year? If "Yes," complete Schedule L, Part Ii 26 X 27 Did the organization provide a grant or ether assistance to an officer, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons? If "Yos;' complete Schedule L, Part 111 27 X N ............._ ......... 28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV Instructions for applicable filing thresholds, conditions, and exceptions): a A current or former officer, director, trustee, or key employee? If "Yes," complete Schedule L, Part IV 28a X b A family member of a current or former officer, director, trustee, or key employee? if "Yes," complete Schedule L, Part IV .• ...................... _................................--.. ........•.......•.............. 28b X c An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer, director, trustee, or director indirect owner? If "Yes," cornrplete Schedule L, Part IV 28c X 29 X 29 Did the orgarrizatlon receive more than $25,000 in non -cash contributions? If "Yes," complete Schedule AR 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes," complete Schedule IN , , • , • • .. , . , 30 X 31 Did the organization Ilqutdate, terminate, or dissolve and cease operat[ena? if "Yes," complete Schedule N, Part..............._.......-. .......- .............,......... 31 X 32 Did the organization sell, exchange, dispose or, or transfer more than 25% of its net assets? If "Yes," complete Schedule N, Fart II 32 X 33 Did the organization own 100% of an entity disregarded as separate from the organlzation under Regulations sections 301.7701 -2 and 301.7701 -3? If "Yes;' complete Schedule R, Part I 33 X 34 Was the organization related to any tax - exempt ar taxable entity? If'Yes," complete Schedule R, Parts it, 111, or IV, and Part V, line 1 34 X na X 35a Did the organizatton have a controlled entity Within the meaning of section 512(b)(13)?,. , .. • . b If "Yes" to fine 35a, did the organization receive any payment from or engage in any transaction with a controlled entity Within the meaning of section 512(b)(13)? i €"Yes," complete Schedule R, Para V, line 2 ................... 3611 36 Section 601(c)(3) organizations. Did the organization make any transfers to an exempt non - charitable related organization? If "Yes," complete Schedule R, Part V, line 2 3S X 37 Did the organization conduct more than 5% of Its activities through an entity that Is not a related organization and that is treated as a partnership for federal income tax purposes? if'Yes," complete Schedule R, Part VI 37 X $8 Did the organization complete Schedule 0 and provide explanations In Schedule O for Part VI, lines 11b and 197 Note. All Form 990 filers are reauiredtocomoiete Schedule (7....... ------------- ----------- ----- ----- ----------- - - ----- 38 X Farm 990 (2312) (AA 8016 02!53120134:33 Phi Form 990 2012 Delray Beach Community brand Trust 20-- 9162352 Page 5 x'MP_ e Statements Regarding Other IRS Filings acid Tax Compliance Check tf Schedule 0 contains a response to any question in this Part V .... ................ [� la Enter the number reported In Box 3 of Form 10M Enter -D- If not applicable .... , la o b Enter the number of Forms W -2G included In line 1a. Enter -D- if not applicable, 1b Q c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? 2a Enter the number of employees reported on Form W -3, TransmitEaI "o Wage and Tax Statements, filed for the calendar year ending with or w€thin the year covered by this return 125 1 9 b If at least one is reported on line 2a, did the organization file all required federal employment tax returns? Note. If the sum of lines 1a and 2a Is greater than 250, you may be required to e -filo (see Instructions) 3a Did the organization have unrelated business gross income of $1,000 or more during the year? b I ................................. 3b 4a At any time during the calendar year, did the organzation have an interest in, or a signature or other authority over, a financial account Ina foreign country (such as a bank account, securities account, or other financial account)? 4 4a X 1 b I If "Yes," enter the name of the foreign country: 0. H H. ,x .<<r - �" See instructions for filing requirements for Farm TD F 90 -22.1, Report of Foreign Bank and Financial Accounts. N N 5a W Was the organization a party to a prolribiied tax shelter transaction at any time during the tax year? 5 .. r b D D€d any taxable patty notify the. organization that it was or is a party to a prohibited tax shelter transaction? 5 5b X c i if "Yes" to line 5a or 5b, did the organization file Form 888647 5 5c 6a D Does the organization have annual gross receipts that are normally greater than $100,000, and old the organization solicit any contributions that were not tax deduoVbie as charitable contributions? f fa X b i if'Yes," did the organization Include with every scliicitatlon an express statement that such contributions or gifts were not tax deductible? S Sb 7 O Organizations that may receive deductible contributions under section 170(c). a D Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payer? T 7e, X b I If "Yes," did the organizaton notify the donor of the value of the goods or services provided? 7 7b c D Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 82827,•..• . ........ ... .................... 7 7c X d i if Yes Indicate the number of Forms 8282 filed Burin tho ear ..... .. ....... = uv.::::w :w._ ,. e D Did the organization receive any funds, directly er Indirectly, to pay premiums on a personal benefit contract? 7 _ f D Did ............ the organization, during the year, pay premiums, directly or Indirectly, on a personal benefit contract? 7 7f X g I If the organization received a contribution of qualified intellectual property, did the organization file Foim 8'898 as required? 7 7 h I If the organization received a contribution of cars, boats, airplanes, or other vehicles, dirt the organization file a Form 1 D98-G? 7 7h 8 S Sponsoring organizations maintaining donor advised funds and section 509(a)(3) supporting _ _' ='" = 0_9 organizations, Did the supporting organization, or a donor advised fund maintained by a sponsoring organization, have excess business holdings at any time during the year? 8 8 9 S Sponsoring organizations maintaining donor advised funds. R D Did the organization make any taxable distributions under section 4568? B Be b D ................ ........................ 9b 10 S Section 601(c)(7) organizations, Enter: x . a i initiation fees and capital contributions included on Part Vil 1, !fine 12 1 xMu . I) G 1-1 I g :. 11 S Section 601(c)(12) organizations. Enter: - - -- ,- a G Gross Income from members or shareholders d1a - ........... 8416 02HS12313 4:33 PM FormWO(2M)D91ray Beach Community hared Trust 20-- 9162352 Page 6 r_P 1Lla Governance, Managemen'I, and Disclosure For each "Yes" response to lines 2 through 7b below, and for a "No" response to I €ne 8a, 8b, or 1 Qb below, describe the circumstances, processes, or changes in Schedule 0, See instructions. 41la Aid the organization have local chapters, branches, or affiliates? .............................. 10a Yes No 1a Enter the number of voting members of the governing body at the end of the tax year 1a 12 .......... . If there are material differences In voting rights among members of the governing body, or if the governing body delegated broad authority to an execullve committee or similar committee, explain in Schedule q. i fir... 5�' ^ =- 5' � - =•� � °•� �— r -- - b Enter the number of voting mernhem Included in line 1 a, above, who are independent 1b 12 2 Dld any officer, director, trustee, or key employee have a family relationship or a business relationship with y -. r, 11 a any other officer, director, trustee, or key employee? 2 . X m 3 bid the organlzatlon delegate control over management duties customarlly performed by or under the direct supery ision of officers, directors, or trustees, or key employees to a management company or other person? 3 X 4 Did the organization snake any significant changes to Its governing documents since the prior Form 990 was filed? 4 b Were ofkoers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? X _ 5 Did the organization become aware during the year of a significant diversion of the organization's assets? 6 c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," X 6 X 6 Did the organization have members or stockholders? ........................:.................................................. 7a Did the organization have members, stockholders, or other persons who tied the power to elect or appo €nt 13 Did the organizalion have a written whistleblower policy ? . . ... . . .. .. ............ .. . .. 14 one or more members of the governing body? 7a .... 14 Did the organization have a written document retention and destruction policy? X b Are any governance decisions of the organization reserved to (or subject to approval by) members, Independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director, or top management official stockholders, or persons olher than the governing body?._ .... -. ..... .. ,. -- .. . 7b X X r 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the folfowln a The governing body? ......... .............. ga X b if "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate Its participation In joint venture arrangements under applicable federal tax law, and take steps to safeguard the or anizatlon'sexem tstatuswithres ecttosucharrangements? ................................. .............................. ab X .......................... b Each committee with authority to act on behalf of the governfng body? 9 Is there any officer, director, trustea, or key employee listed in Part Vii, Section A, who cannot be reached at the or anization's mallimi address? If 'Yes,' provide the names and addresses In Schedule O ... ............................... 9 X Section B. Policies (This -Soctioh_S_requests information about policies not required by the Internal Revenue Code.) 41la Aid the organization have local chapters, branches, or affiliates? .............................. 10a X b If "Yes," did the organization have written polioles and procedures governfng the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? .. . .. . . ... ... .. ...... 10b 11 a X 11a Has the organlzatlon provided a complete copy of this Form 990 to all members of Ifs governing body before filing the form?.... b Describe in Schedule O the process, if any, used by the organization to rev €Ew this Form 990. m 12a Did the organization have a written conflict of Interest policy? If "No," go to line 13 12a X 12b X b Were ofkoers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," describe in Schedule O Prow this was done ................... ............................... -- •-- - - -* ..... 12a X 13 X 13 Did the organizalion have a written whistleblower policy ? . . ... . . .. .. ............ .. . .. 14 X .... 14 Did the organization have a written document retention and destruction policy? 15 Did the process for determining compensation of the following persons include a review and approval by Independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director, or top management official 15a X 15b X b Other officers or key employees of the organlzatlon If "Yes" to Ifno 15a or 15b, describe the process In Schedule (� (see €nst�vefions). 16a DId the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement w €ih a taxable Entity during the year? r4 16a X b if "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate Its participation In joint venture arrangements under applicable federal tax law, and take steps to safeguard the or anizatlon'sexem tstatuswithres ecttosucharrangements? ................................. .............................. 16b Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed Ilone IS Section 6104 requires art organization to make Its Forms 1023 (or 1024 if applicable), 990, and 990 -T ( Seotion 501(c)(3)s only) available for public Inspection. Indicate how you made these available. Check all that apply. Oavn --b-ite Another 's 4vebsite Upon request LJ Other (explain in Schedule q) 18 Describe in Schedule O whether (and If so, how), the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. 20 State the name, physical address, and telephone number of the person who possesses the books and records of the organization: Delray Beach Community Land Trust=. 145 SW 12th Avenue Delray Beach FL 33444 561 - 243 -7500 AAA �Or. 99 0 (2012) 8019 02!1312013 4M PM Fcrm990 2012 Delray Beach Community Land Tmust, 20-4162352 Page 7 P_avtDJs Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors Check if Schedule C contains a response to any question in this Part VII .............. ................. ❑ Section A. Officers Directors 'trustees Key Employees, and Highest Compensated Em to ees la Complete this table for all persons required to be listed, Report compensation for the calendar year ending with or within the organization's tax year. a List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Inter -0- In columns (o), (E), and (f) if no compensation was paid. e List ali of the organization's current key employees, if any, see instructions for definition of "key employee." ® List the organization's five current Highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (box 5 of Farm W -2 andlor Box 7 of Form 1099 -MiSC) of more than $100,000 from the organization and any related organizations. a List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. e List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the erganizatlnn and any related organizations. List persons in the following order: Individual trustees or directors; Inslitutlonai trustees; officers; key employees; highest compensated employees; and former such persons. [] Check this box if neither the organization nor any related organizaifons compensated any current officer, director, or trustee. (A) {fll M {p) N (F) Name arid Title Average Position Reportable Reportable Fstimied hours per (da not check more thanone compensation compensallonfrom amounrof week box, unless person is bath an trom related abler {list any otficer and a &eoludirustee) the arganizalions componselion hours fora organization 1W- 2/10B9d�ifso) rrotn She -n related ti- n m {W- 211099 -Misa) organization organizations below doffed �• o a 9 5 , 9 a g^ m g and related organizafons line) 2 m m (1)Jeff Castello pxesaden 6'. 0-0, X X 0 0 0 (2)Kimberly Ca:mejo ....... 2,00 secretar 0.0 0 X X 0 0 0 (s)Morrie Weinman 2.00 v�.ae P-, r—e—s—id—e—n—t 0. oo- X,: X n 0 0 (4)Patrxoia Wright 2.00 0.00 X 0 0 0 (5)Lula Butler ................. ....2,.00. 0.00 X 0 0 0 (s)Vince Larkins ............. ................2,.00. 0.00 X 0 0 0 (7) Garr Eliopoulos ...................... 2 OD 1., 0.00 X 0 0 0 P)William Milner, Jr 2,00 0100 X 0 0 0 (8) Polk Cotton 2.00 0.00 X 0 0 0 (Io)Vicki Hill .... 2 00 ............ .. Treasurer .. 0.00 1XI 1 01 0 0 (11)Elton McGowan Jr. 2.00 1 ..... 6.OU X 0 0 0 Form 'UN (2012) 8018 4013/2013 4M RA Form980 2012 Delray Beach Community Land Trtxst 20- 4162352 Pa 2e 8 , %Yt fi Section A. Officers, Directors, Trustees, Kev Emplovees, and Hiahest Gomoerrsated Emntnyeas rrnnrinifprn x 1 otal number of Indlviduats (Including but not limited to those listed abeve) who received more than $100,000 In reportable compensation frorn the organization ® 0 3 Did the organization list any farmer officer, director, or trustee, key employee, or highestaompensated employee on Me 1 a? If "Yes," complete Schedule J for such individual . 4 For any individual listed on line 9 a, is the sum of reportable compensation and other - . co.m.. pe...n. sation from .. the . .. .............. ...... organization and related organizations greater than $150,0007 It "Yes," complete Schedule J for such Individual S Did any person listed on tine 9 a receive or accrue compensallon from any unrelated organization or individual for services renderer{ in fh,? nrnanl7Minn7 If INs c if nnrn .f. Cnha bd. t F,., -- -1, .,arm.... Section B. Independent Contractors 1 Complete this table for your five highest compensated Independent contractors that received more than $100,000 of compensation from the or anlzation. Report compensation for the calendar roar ending;' with or with €n the oraanlzation's tax year. Nome and b(ujness address gssai pit 8n ofservces Coa Cnsation (Marne and title Average posi3ion Reportable Reportable Estimated hours per (do not check more than one oompensallon compensation from amount of otai number of independent contractors (Including but not limited to chase listed above) who received more than $900 000 of cam ensation from the or artization weak boy unless person is bath an from related other (Iiel any officer and a direclorllrustee) the organizations compensal iron hoursfor organization - 211080 -M*C } from the tlp. o related 0 (w211099- 4iISC) organization organize &ons 3 �- and related below dotted ii o v �o ' ergan"Nons tine) (t � (12)DYSonya Mitchel ................... .. 0.00 X 0 0 0 (93)Rvelyn Dobson /j f�/� 40.00 1;xeC13 Director 0.00 x 64,308 0 1 0 (14) (15) (97) (9s) (191 1b Sub- total ........................ ............................... P� 64,308 c Total from continuation sheets to Part VII, Section A . - _ ., , , 0- d Total add lines 91b and 1c .. ........ .................... ... 1 64,3081 x 1 otal number of Indlviduats (Including but not limited to those listed abeve) who received more than $100,000 In reportable compensation frorn the organization ® 0 3 Did the organization list any farmer officer, director, or trustee, key employee, or highestaompensated employee on Me 1 a? If "Yes," complete Schedule J for such individual . 4 For any individual listed on line 9 a, is the sum of reportable compensation and other - . co.m.. pe...n. sation from .. the . .. .............. ...... organization and related organizations greater than $150,0007 It "Yes," complete Schedule J for such Individual S Did any person listed on tine 9 a receive or accrue compensallon from any unrelated organization or individual for services renderer{ in fh,? nrnanl7Minn7 If INs c if nnrn .f. Cnha bd. t F,., -- -1, .,arm.... Section B. Independent Contractors 1 Complete this table for your five highest compensated Independent contractors that received more than $100,000 of compensation from the or anlzation. Report compensation for the calendar roar ending;' with or with €n the oraanlzation's tax year. Nome and b(ujness address gssai pit 8n ofservces Coa Cnsation otai number of independent contractors (Including but not limited to chase listed above) who received more than $900 000 of cam ensation from the or artization AA Form 990 (2012) IRMiNiP-TWIT&Ll MiIV FoTm890 2012 Delray Beach Community Land Trust: 20- 4162352 Paige 9 „p;�i' Statement: of Revenue r U Check if Schedule 0 contains a response to any question in this Part Vill. - ..................................... ❑ r a (A) (a) t£) (n) h _', Total revenue Related or Unreraied Revenue r _ '` sx5nipt business excluded from tax F s function revenue undersedlons , revenue 512, 513,or514 la Federated campaigns roc t b Membership dues 113 1,064 ti ti C a c Fundraising events I - d Related Id 02 organizations 'le 205,500 ; s e Go4gmmertgrentstegntribuFions} _ f All other conNbAcns, gifts, grants, s ° 21r and drililnram4unlsnolindidedabove 9f 31 �06� F, f 9 ., , c- g Noncashcordrib oonsincludedinllnesla -lf: $ 49,206'r a 'Y c� ro h Total. Add lines la-If ....- ..,. -.. 238,470 Men. Code 2a Palm Manox -Rent 153,521 155,521 1 53111 ............................. b AeveJa ex Pees 35,344 35,3 04 19,783 19,783 c Ground Tease ees....._...._.r.r ...................... 10,428 10,428 rn 15th Ave 6,300 613001 E e Street ""315.S .5th 10, 687 10,6871 A t All other program service revenue ........ ® 236,023 ° TotaLAdd lines 2a-- 2f ............................ 3 Investment Income (including dividends, Interest, and other similar amounts) 0§1 31.7 317 4 Income from investment of tax - exempt band prooeed* 5 Royalties .......... ... ........ .................... 0, f) Rear (it) personal ry Sa Gross rents C Renlai lnC. Or { #9S6 _,y d Not rental Inc ome or loss ........................ 7a Grewamounly* - sales 6f ass 815 - Aerlhaninventc j r r F b Less: cost orother x y - basis &salesexps s 4- y Gain F c or (toss) xr_r�. "4 P d Net gain or (loss) Ba Gross Inmme (ram ftrnt raising event$ 6 (notlncludirig 6 M v of Cotttril3ulianS reported on line tc). _ ` ` rF Y y E See Part IV, line, 18 a C t y b Less: direct expenses b = G Net Income or (joss) from fundralsin events ...... { - - -_ -- - sa cross income from gaming acXV .ifies ,� r QR fi Soo Part IV, line 19 a r y r b Less: direct expenses ...... .. - c Net Income or (foss) from gaming activities ....... P� 10a Gross sales of Inventor y less r , r r r rs4 returns and allowances a b Less: cost of goods sold b c Net income or toss from sates of Inventor , , , . , .. 1� rIiisceliareaus Revenue Bnsm Code s - l r r i sJ Ila Vundraisj- Revenue ..... 176 _76 t3 .......... ............................... G d Ali other revenue .. .......... .......... . .. e Total. Add tineslla -11d 176 -. -= 474,9861 23605161 01 0 12 Total revenue. See Instructions. ® Form 990 uoiz) PAA Sgt S 62!93/2013 4:33 PM Form 990 2012 Delray Beach Community sand Trust, 20--41 62352 Page 10 -��!� *,'j Statement of Functional Expenses Section 501(c)(3) and -501(c)(4) or anizatlons must complete all columns. All other organizations must complete column (A), Check if Schedule 0 contains a response to anv auestion in this Part IX I l Do not include amounts reported on lines 6b JA) Total expenses 7b 8b 9ia and lob of Part Vill. ............... (e) Program service expenses .. . (c) Managemenrand general expenses ................ (o) Pur:drelsing expenses 1 Grants and olhsr assistance to governments and organizations in the U.S. Sea Fart IV, line 21 x r - �� z AN 11 2 Grants and other assistance to Individuals in the U.S. Sao Part IV, line 22 F x 3 Grants and other assistance to governments organizations, and Individuals outside the U.S. See Part IV, lines 35 and 16 4 Benefits paid to or for members S Compensation of current officers, directors, trustees, and key employees 64,308 -------- - - - - -- 57,877 6,431 6 Compensation not included above, to disqualified parsons (as defined under section 495 6(1)(t)) and persons described in section 4956(c)(3)(8) 74,922 $ 325 7 other salaries and wages 83,247 8 Pension plan accruals and oerriribulions (include section 401(k) and 403(b) employer contributions) 9 other employee benefits 42,059 4,673 10 Payroll taxes 46 ,732 11 Fees for Services (non- employees): a Management .... .... . .. .... b Legal ....... 6,956 3,478_-- 3 478 9 F 750 c Accounting 9,750 d Lobbying _ _ _- e Professional fundratsirg services. Sea Part IV, line l f Investment managernertt fees 9 Othet. ilf Ilse l lg nmouht exceeds 10115 Mine 25, column (A) en:ounl, list line 11g expenses on Schedule 0.) 4,375 12 Advertising and promotion 4,375 13 office expenses ................ 14 Information technology, 16 Royalties ............................ 18,048 2,005 16 occupancy ........... ............. 20,053 902 100 17 Travel ..... .... ..................... . ..... 1,002 18 Payments of travel or entertainment exponse for any federal, state, or local public officials 4,331 481 19 Conferences, convantlons, and meetings 4,812 216 24 20 Interest 24 0 .......... 21 Payments to afirliatea 22 Depreciation, depletion, and amortization 19,921 2,214 23 Insurance 22,135 24 Other expenses. Itemlzeex enses not covered M .61 above (list miscellaneous expenses in line 24e. Ii r line 24e amount exceeds 10% of Imo 25, column (A) amount, list line AS expenses on Schedule b ) 2 e x r 192 156 a Loss on Sale— x.3.7 SW 2nd 192,156 .....:. . ... ............................... b Corati.ngenay }:reserves 42,503 42 503 G Water /Sewn r —Bldg 39 $ 025 8 025 .......... .- -- d LandsaaRin 7,276 6,548 728 e Al other expenses 60,541 41,937 18 604 ........... 26 Total functional expenses. Add lines I through 24e 574,111 474,795 99,316 0 26 Joint costs. Complete this line only if the organization reported in column Q joint costs from a combined educational campaign and fundraising Solicitation. Chee[c here )�� if following SOP 9&-2 ASC956 -720 ....... -.... U 6A Form 590 (2012) 801a 0211312[113 4 :39 PM aoh Cornmuni-I Check if Srhadulp. 0 c,.nntnlr� n m..,4nnmn. fn Anv ni fp-qHnn in thk Pnvf Y F-I Form 990 (2012) DAA (A) (13) Beginning of year Frid of year I Cash—non-Interost bearing .................... 42,034 1 37,725 162,512 2 226,904 2 Savings and temporary cash investments ....... ................... 3 3 Pledges, and grants receivable, net 4,899 4 1 2,660 4 Accounts receivable, not ........................................ 5 Loans and other receivables from current and former officers, directors, trustees, key employees, and highest compensated employe Complete Part 11 of Schedufa L 'd' 6 Loans and o t h a r re c e 1 vab I a s from other is"q'v' a- 'p' e"r s-o"n s' '('a' a' defined ' ''' - ' U, "n'd e' r' 's'e' n 4958(f)(1)), parsons described in section 4958(c)(3)(13), and contributing employers an sponsoring organizations of section 501(c)(9) voluntary orriployces, beneficiary organizations (see Instructions). Complete Part 11 of Schedule L W................................. .............. 7 Notes and loans receivable, net ....... 8 Inventories for sale or use .......................................... 7 8 5,534 a 61880 ............... 9 Prepaid expenses and deferred charges 10a Land, buRcilrigs, and equipment: cost or Other basis. Complete PwtVJ of Schedule D 10a 4, 952 , 329 b Less: accumulated depreciation— ........... ..... I 10bi 7 joc 4,952,329 ,396, 974 ..5 1-1 11 Investments —pubIlcly traded securities ....... * ------------ * ............. 12 12 Investments —other securifles, See PadlVjin'e'1I* ............................... 13 13 Investments— program - related. See Part IV, line 11 14 14 Intangible assets ............ * ........... * ........ ­ ....................... 163 1 27 15 Other assets. see Part IV, line 11 5,612,116 16 5,226,525 16 Total assets. Add lines I through 15 musts ual line 34) .......................... 17 Accounts payable and accrued expenses ... ................ ...................... 28,577 17 67,166 is 18 Grants payable 119 19 Deferred revenue 20 20 Tax-exempt bond lhWites .................. ....................... ......... 21 Escrow or custodial account liability, Complete Part IV of Schedule D 21 '43 ............... 22 Loam and other payablee to current and former officers, directors, trustees, key employees, highest oo)mpensstad employees, and disqualified persons. Complete Part 11 of Schedule L 'j5 -4P alwW� 22 23 Secured mortgages and notes payable to unrelated third parties .................. 675,304 23 1 350,249 24 24 Unsecured notes and loans payable to unrelated third parties 25 Other liabilities (including federal Income tax, payabl as to related third parties, and other liabilities not included on lines 17-24). Complete Part X of schedule l] 25 03,881 26 417 F 415 26 Total liabilities. Add lines 17 through 25 ............... -- ........... ...... Cj ro27 ro........•...•.......... R. Organizations that follow SPAS 117 (ASC 95a), check here IN-'[K and complete lines 27 through 29, and llmas 33 and $4, Unrostrioted net assets ............................................................ 28 Temporarily restricted net assets * ...................... 29 Permanently restricted not asset. .............. .................. Organizattons that do not follow SFAS W (ASO -968), check here find complete lines 30 through 34. .448,383 ,7 8 -7 111-s. 27 349,258 28 4,459 852 29 4,459,852 'D W........ 0 90 Capital stock or trust principal, or current funds ........... 31 Paid -in or capital surplus, or land, building, or equipment fund ....................... :30 ;31 32 Z 32 Retained earnings, endowment, accumulated Income, or other funds 33 Total net assets or fund balances ... .............................. —11 ....... 4,908,236. 4 809,110 5,612,1161 34 1 5,226,525 .34 Total liabilities and rietassetall'und ba noes----, .............. ...... Form 990 (2012) DAA SO W 02713/201 3 413 PM Form990 2012 Dalra beach Community Land gust 20- 4162352 Page 12 "Plf Reconciliation of Net Assets Check if Schedule 0 contains a response to anv question in this Part XI 1 Total revenuo (must equal Part Vill, column (A ), line 12) .......................... ............................... 2 Total expenses (must equal Part IX, column (A), Iine 25) 3 Revenue less expenses. Subtract line 2 from line 1 4 Net assets or fund balances at beginning of year (must equal Part X, tine 33, column (A)) .... .................. S Net unrealized gains (lassos) on Investments .............................. ........ 6 Donated services and use of facilities ..... ...................... ...... . .. ........................... 7 Investment expenses 8 Prior period adjustments ............................ ............................... ........................................ 9 Other changes In net assets orfund balances (explain in Schedule O) 90 Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, tine I z I 574,111 -cla 19r; 235 4,809,110 Financial Statements and Reporting Check if Schedule O contains a response to anv aunstion in this part X11 n 'i Accounting method used to prepare the Form 990; ❑ Cash ® Accrual ❑ Other If the organizatien changed its method of accounting from a prior year or checked "Other," explain In Schedule O? 2a Were the organization's financial statements compiled or reviewed by an independent accountant? If "Yes," check a box below to indicate whether the financlal statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: ❑ Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: 1X'1 Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis c if "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilatfon of Its financial statements and selection of an Independent accountant? If the organization changed either its oversight process or selection process during the tax year, explain In Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A -133? .............................•---.--......... ......................... .. -... b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, exptaln why In Schedule O and desorlbe anv clans taken to undergo such audits F. 990 (2012) ©AA 8618 02/1312013 4:33 PM SCHEDULE A (Form 990 or 990 -EZ) peponmani of the Treasury Public Charity Status and Public Support Complete if the organization Is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. 0- Attach to Form 980 or Form 990 -E4 0- See separate instructions. IB Na. 1545.0047 Name of She organization Ehiptoyer Identtfloation numlotr Delrav Beach Cotnmun.ity Land Trust. 120-4162352 The organization Is not a private foundation because It is: (For tines i through 11, eheck only one box.) 1 ❑� A church, convention of churches, or assoolation of churches described in section 170(b)(1)(A) {i). D 2 A school described In section 170(b)(1)(A)(iI). (Attach schedule E.) 3 ❑ A hospital or cooperative hospital servIce organization described insectton 170 {b)(7)(A)(iilj. 4 ❑ A medical research organization operated in conjunction with a hospital described trisection 170(b)(1)(A) (1ll). Entor the hospital's name, city, and state: ....................... ........ ................................... ........... . ........................ ....... 6 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit described In section 170(h)(1)(A)(1v), (Complete Part 11.) S ❑ A federal, state, or local government or governmental unit described in section' i70(b)(1)(A)(v). 7 An organization that normally receives a substantial part of Its support from a governmental unit or from the general public described In section 170(b)(1)(A)(Vi). (Complete Part 11.) 8 W A community trust described in section 170(b)(1)(A)(vi), (Complete Part 11.) 9 An organization that normally receives: (1) more than 33 113% of Its support from contributions, membership fees, and gross receipts from activities related to its exempt functions— subjeot to certain exceptions, and (2) no more than 33113% of Its support from gross investment Income and unrelated business taxable Income (less section 511 tax) from businesses acquired by the organization after June $0, 1975. -see section 509(a)(2). (Complete Part IH.) 10 ❑ An organization organized and operated exclusively to test for public safety. 5eesection 509(a)(4). 11 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described In section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box that describes the type of supporting organization and complete lines 11e through 11 h. a ❑ Type 1 b ❑ Type II c ❑ Type I €I-- Functionally Integrated d E] Type lit- Non - functionally integrated e ❑ By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described In section 609(a)(1) or section 508(a)(2). f If the organization received a written determination from the IRS that It Is a Type I, Type 11, or Type iii supporting organization, check this box ❑ 9 Since August 17, 2006, has the organization accepted any gift or contribution 'fro' rom 'a' n—y of the following persons? (i) A person who directly or Indirectly controls, either alone or together with persons described In (ii) and Yes zee (iii) below, the governing body of the supported Organization? i1 i (11) A family member of a person described in ( €) above? f1 [1 (iii) A 350/p controlled entity of a person described in (i) or ( €i) above? t t Ill ........................ ............................... h Provlde the following informatlon about the supporter! ornanizationfs). (1) Namo of supported (1 €) EIN till) Typo of oraanizatlon UY) Is IhearganE2alion (v) Did you nolity (YO tsthe (vtt)Amuuat Ormonefary organizerion (described on lines 19 In col. (ij listed inyeur rho organization in rgan¢ation in cal. support above or NO section govoming document? WE, (1) of your ( €) ergani2ed in Ih (see lnstructlons)) support? U.S.1 Yes No Yes No Yes No JA) (13) (C) (a) Total..:::. For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ, DAA Schedule A (Form 990 or 990 -EZ) 2012 6018 0211312013 4 -33 PM Schedule A (Form 990 or 990 -EZ) 2012 Delrayy Beach Community Lark. Trust, 20- 41ra23b2 Page t A P r 4 ye Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part IIL) Calendar year (or fiscal year beginning €n) 0- (a) 2008 (b ) 2009 (c 2010 (d) 2011 () 2012 f Total 33 113% support test-2012. If the organization did not check the box on line 13, and line 14 is 331/3% or more, chock this box and stop here, The organization qualifies as a publicly supported organization. . . ......... . ..... ...... . ........................... ❑ b 1 Gifts, grants, contribuflons, and membership fees received. (Do not check this box and stop here. The organization qualifies as a puNIcly supported organization ............................... . , , , ❑ 17a 10 %- facts - and - circumstances test -2012. If the organlzat €on did not check a box on line 13, 76a, or 16b, and line 14 is include any "unusual grants,") 10% or more, and If the organization meets the "facts- and- clrcurnsiances" test, chock this box and stop here. Explain in Part IV how the organization meets the " €cots and circumstances" test. The organization qualifies as a publicly supported organization 1> ❑ b 10 %- facts- and - circumstances test - -2911. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 2 Tax revenues levied for the organization's benefit and either paid Explain in Part IV how the organization moots the "facts- and - circumstances' test. The organization qualifies as a publicly supported organization ..... .. ...... ® ❑ to or expended on its behalf Private foundation. If the organization did not check a box on line 13,16a, 16b, 17a, or 17b, check this box and sae Instructions 1> ❑ 3 The value of services or facilities Iurntshed by a governmental unit to the organization without charge 4 Total. Add lines 1 through 3 =w �M = Fz s ,rU r r 1 L] , s } b The portion of total contributions by each person (otherthan a governmental unit or publicly supported organization) included on Iine 1 that exceeds 2% of the amount shown on line 11, column (f) 6 Public support. Subtract line 6 from line 4. Section u. i otal 5upport Calendar year (or fiscal year beginning in) i- (a) 2008 (b) 2009 (c) 2010 (d) 2011 e) 2012 F Total 7 Amounts from tine 4 --------- --- --- --- B Gross Income from Interest, dividends, payments received on securities loans, rents, royafties and income from similar sources .- ...... ---. 9 Not income from unrelated business activities, whether or not the business is regularly carried on ................. 10 Other income. Do not inolude gain or lass from the sale of capital assets (Explain in Part IV.) ................... 11 Total support. Add lines 7 through 10� -� r f _._. m._ .r ,.w z. 12 Gross receipts from related activities, etc. (see instructions) _ .. .... .. , , , „ 12 13 f=irst five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) 14 Public support percentage for 2012 (line 6, column (f) divided by Zino 11, column ( f)) .............................. . .... 14 °/c 16 Public support percentage from 2011 Schedule A, Part II, line 14 1 % 16a 33 113% support test-2012. If the organization did not check the box on line 13, and line 14 is 331/3% or more, chock this box and stop here, The organization qualifies as a publicly supported organization. . . ......... . ..... ...... . ........................... ❑ b 33113% support test -2011. If the organization did not check a box on line 13 or 16a, and line 15 Is 331/3% or more, check this box and stop here. The organization qualifies as a puNIcly supported organization ............................... . , , , ❑ 17a 10 %- facts - and - circumstances test -2012. If the organlzat €on did not check a box on line 13, 76a, or 16b, and line 14 is 10% or more, and If the organization meets the "facts- and- clrcurnsiances" test, chock this box and stop here. Explain in Part IV how the organization meets the " €cots and circumstances" test. The organization qualifies as a publicly supported organization 1> ❑ b 10 %- facts- and - circumstances test - -2911. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 16 is 10% or more, and if the organization meets the "facts- and - circumstances" test, check this box and stop here. Explain in Part IV how the organization moots the "facts- and - circumstances' test. The organization qualifies as a publicly supported organization ..... .. ...... ® ❑ 1S Private foundation. If the organization did not check a box on line 13,16a, 16b, 17a, or 17b, check this box and sae Instructions 1> ❑ Schedule A (Form 090 or 890 -EZ) 2012 DAA 8018 02!1312013 4;33 PM Schedule A Form 990 or 990 -EZ 2012 Delray Beach Cbft'tTftu>ni:t sand Trust, 20-4162352 Page 3 -�P -A 11f Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of fart I or If the organization failed to qualify under Part 11. If the organization fails "ualify tinder the tests listed below, please complete Part 11. Section A. Public Su art Calendar year (or fiscal year beginning In) 0- a 2006 b 2009 c 2010 d 2017 (e l 2012 f Total $72,905 4 43B,290 8 873,482 4 474 996 2 2,927,26 3 33,040 3 1 Gifts, grants, conlribufons, and membership fees l . ") .. eo eived- (t�n not include any "unusua grans ...................... . ...... 497,374 359,856 353 852 725 883 238r470 2,175,535 2 Gross receiptsfmrn admissions, merchandise sold or services performed, or faoilitles furnished in any activity that is related to the organization's fax- exempt purpose , ,, , , ,.. 70'23o 213,049 84,338 147,5991 236,516 751 732 3 Gross receipts from activities that are not an unrelated trade or business under section 513 4 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf .......... 6 The value of services or facilities furnished by a governmental unit to the organization without charge .......... 567 609 572,905 438,290 673,482 A74,986 2,927, 267 6 Total. Add tines 1 through 5 , , .. . 7a Amounts included on limes i, 2, and 3 received from disqualified persons b Amounts included on lines 2 and 3 received from other than disquafifad persons that exceed he greater of $5,000 or 1 % of the amount on line 13 for the year, c Add tines 7a and 7b b .. .................. 8 Public support (Subtract tine 7c from line6.) ............. ...... ............ Section B. Total 392port Calendar year (or fiscal year beginning 1n) l- 9 Amounts from fine 6 .................. 10a Grass income from interest, dividends, payments received on securities loans, rents, royalties and income front similatsources .. b Unrelated business taxable income (fes section 511 taxes) from businesses acquired after June 30, 1975 c Add lines 10a and I Ob 11 Net income from unrelated business activities not included in lira 105, whether or not the business is regularly carried on .. 12 Other Income. Do not include gain or loss from the sate of capital assets (Explain In fart IV.) 13 Total support, (Add lines 0, 10c, 11, and 12.) ......... ......---.-- a 2008 ( (b 2009 c c 2010 d d 2011 e e 2012 ( ( Total 567 604 $ $72,905 4 43B,290 8 873,482 4 474 996 2 2,927,26 3 33,040 3 36,333 4 49,068 1 117,441 14 First five years. If the Form 99n Is far the organlzation's first, second, third, fourth, or fifth tax year as a section 601(c)(3) organize #Eon, check this box and stop here ........ , Section C. Computation of public SuppoOPercentage 15 Public support percentage for 2012 (line S, column (f) divided by tine 13, column (f)) 15 85.13 iii Public suonort nercentann from 2011 Sdiedule A. Part Ill. line 15 16 B1.45% Section D. Computation of Investment Income Percentage 17 Investment Income percentage for 2012 (line 10c, column (f) divided by line 13, column (f)) 17 3% 18 Investment income percentage from 2011 Schedule A, Part III, line 17 18 4 19a 33113% support tests -2012, If the organization did not check the box on line 14, and line 15 is more than 33 15%, and line 17 is not more than 33 113 %, check this box and stop here, The organization qualifies as a publicly supported organization .... le b 33113% support tests 2011. If the organization did not check a box on line 14 or line 19a, and line 16 Is more than 33 113 %, and line 18 Is not more than 33 113 %, check this box and stop here. The organization qualifies as a publicly supported organization 20 Private foundation. If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions ........ Schedule A (Form 890 or 990 -EZ) 2012 DAA 8010 02193/2013 433 PM Schedule A Form 990 or 990 -EZ 2012 Delray Beach Community Land Trust 20-4162352 Page 4 y a 1 .1f Supplemental Information. Complete this part to provide the explanations required by Part 11, line 10; Part II, line 17a or 1713; and Part 111, line 12. Also complete this part for any additional information. (See instructions). Part 111, Line 12 — Other income Detail ..................... ............................... $ 393,910 ............................................................................................................................ ..... ....... ................... ........... .................................................................................. ............I..,............... •--- ----- --- ................. °AA Schedule A (f=orm 990 or 990 -EZ) 2012 601802J13/20i$4:33 PM Schedule B (Forth 990, 990 -EZ, $G�iedLBle Of $�td11tP11�t9$o6a� or 9MPF) DeparirmentdtheTreasury l- Attach to Form 990, Forth 990 -EZ, or Form 990 -13F. Name of the organization Land Organization type (check one): Filers of, Section: Form 990 or 994 -EZ ® 501(c)( 3 ) (enter number) organization ❑ 4947(a)(1) nonexempt charitable trust not treated as a private foundation ❑ 527 political organization Form 990 -PF ❑ 541(c) {3) exempt private foundation ❑ 4947(a)(1) nonexempt charitable trust treated as a private follndatIM ❑ 501(c)(3) taxable, private foundation Employer identitication number Check if your organization is covered by the General Rule or a Special Rule. Note, Only a section 601(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule, See instructions. General Rule For an organization riling Form 990, 990-FZ, orS90 -PF that received, during the year, $5,000 or more (in money or property) from any one contributor, Complete Parts I and 11. Special Rules ® For a section 501(c)(3) organization filing Form 990 or 990 -EZ that mot the 3SIa % support test cf the regulations under sections 509(a)(1) and 170(b)(1)(A)(0) and received from any one contributor, during the year, a contribution of the greater of (1) $5,004 or (2) 2% of the amount on (1) Form 994, Part Vlll, line 1 h, or (ii) Form 990-EZ, line 1, Complete Parts 1 and II, ❑ For a section 501(c)(7), (8), or (10) organization filing i=orm 990 or 090 -EZ that received from anyone contributor, during the year, total contributions or more than $1,000 for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. Complete Parts I, 1 €, and Ill. 2 ❑ For a seotlon 501(o)(7), (8), or (10) organization filing Form 990 or 990 -EZ that received from any one contributor, durimg the year, contrlbutlons ror use exclusively for religious, charitable, etc„ purposes, but these conlr#butions did not total to more than $1,000. If this box Is checked, enter here the total contributions that wore received during the year for an exclusively religious, charitable, etc., purpose. Do not complete any of the parts unless theGeneral Role applies to thls organization because It received nonexciuslvely religious, charitable, etc., contrlbutlons of $5,000 or more during the year ! ... . . . ............ . Caution. An organization that is not covered by the General Rule andlor the Special Rules does not file Schedule l3 (Form 990, 990 -FZ, or 990 -PF), but It must answer "No" on Part 1V, line 2 of Its Form 990; or check the box on line H of Its Form 990 -EZ or on Part I, line 2 of Its Form 990 -PF, to certify that It does not meet the filing requirements of Schedule 13 (Form 990, 990 -FZ, or 880 -PF). For Paperwork Reduction Act Notice, see the Instructions for Form 99D, 990 -EZ, or 990 -PF. DAN Schedule f3 (Form 980, 990 -EZ, or sso -PF) (2012) 8016 02113f2013 4:33 PM! V. ..V-rr 4v 14 Page i Of 1 of mart i Name of organization Employer identification number De:Lmay Deaeb COMMUriity Land Trust 20- 4152352 Contributors (see instructions), Use duplicate copies of Part 1 if additional space is needed. (a) (b) (c) (d) No• Name address and ZIP+ 4 Total contributions Type of contribution DeYra�r eac Com unity Redesrelo ?men Person 20 N. Swinton .Ave Payroll 31 $ 187,5Qi) Noncash ....... ............ ................... p Ae� rah. $ � F. 33444 ........ (Complete Part If if there is a noncash contribution -) (a) (b) (c) (d) Ng• Name, address and ZIP + 4 Total contributions Type of contribution ... Person Payroll ............ .. . ............ ............. . ............... ........... -$ ..................... Noncash _ (Complete Part it if there is a noncash cont(lbution.) (a) No• (b) Name address and ZIP + 4 (a) No, (b) Name address, and ZIP + 4 ....................................... fa) No. ..................... ............................... (b) Name address and ZIP + 4 (a) No. (b) Name, address, and ZIP +4 DAA (c) I coil IN S....................... (c) ....................... (C) ....................... (d) apr Person Payroll Noncash Ll (Complete Part 11 If there is a noncash contribution.) (d) ,or Person Payroll Noncash (Complete Part 11 if there is a noncash contrlbution) (d) :or Person Payroll Noncash (Complete Part if if there Is a noncash contribution.) (c) (d) Total contributions Ty j2e of contribution Person Payroll $ ................. . ....... Noncash (Complete Part II If there is a noncash contribution) Schedule B (Form 890, 990•EZ, or 880 -PQ (2012) Bots 02113/20134M PM SCHEDULED Supplemental Financial Statements OMB No. ,54S -0A47 (Form 990) P, Complete if the organization answered "Yes," to Form 990, DepartmantoflheTreasu Treasury Part IV, line 6, 7, 8, 9,10, dla, i lb,11c,11d, Ile, 11f, 12a, or 12b. R rata?Publ �Ro` e Inlemal RevenueSwv`ce 0- Attach to Form 990, 10- See separate Instructions. =ns' "?:choir, Name arthe argahlzaeoh Employer Idenllfreatlon number DelraV Beach Community Land gust 20- 4162352 `r Y Organizations Maintaining Honor Advised Funds or ether Similar Funds or Accattnfis, Complete if the organization answered "Yes" to Form 990, Part IV, line 6. (a) Donor advised funds (b) Funds endolher accounts 1 Total number at and of year 2 Aggregate contributions to (during year) ............... . .. . . . 3 Aggregate grants from (during year) 4 Aggregate value at end of year. . .......... ............ 6 Did the organization Inform all donors and donor advisors In writing that the assets held in donor advised funds are the organization's property, subject to the organization's exo!usivo legal control?.... ..... . .. . ...... . ........ . .. . . ❑ Yes ❑ no 6 W the organization inform all grantees, adonors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferrinal meermissUeDrivatebenefit? -------- ................................. .......... ............___...... ................................ ... ....- ❑ Yes ❑ No 1 Purpose(s) of conservation easements held by the organizatlon (check all that apply). ❑Preservation of land for public use (e.g., recreation or education) ❑ Preservation cf en historically Important land area Protection of natural habitat ❑ Preservation of a certified historic structure ❑ Preservation of open space 2 Complete lines 2a through 2d I €the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. fald at fhe End of the Tax Year a Total number of conservation easements 2a b Total acreage restricted by conservation easements , .... ......................... I .............., .. 2b c Number of conservation easements on a certified historic structure included In (a) 2c A Number of conservation easements Included in (c) acquired after 8117/08, and not on a historic structure listed In the National Re&ler 2d 3 Number of conservation easements modified, transferred, released, extinguished, or term!nated by the organlzatian during the tax year kii . .............. 4 Number of states where property subject to conservation easement is located 10 . . . 5 Does the organization have a written policy regardfng the periodic monitoring, Inspection, handling of violations, and enforcement of the conservation easements it holds? ........ . ..... . .. . . ❑ Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, Inspecting, and enforcing conservation easements during the year ............... 7 Amount of expenses Incurred In monitoring, inspecting, and enforcing conservation easements during the year I,- S Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(g) W and section 170(h)(4)($)(il)? ....................... .................................... . .............. ................. ❑ Yes ❑ No 9 In Part Xlll, describe how the organization reports conservation easements In its revenue and expense statement, and balanoe sheet, and Include, If applicable, the text of the footnote to the organization's financial statements that describes the organlzatton's accounting for conservation easements, Organizations Maintaining Collections of Alt, Historical Treasures, or Other Similar Assets. Complete if the organization answered "Yes" to Form 990, Part IV, line 8. In If the organization olocled, as permitted under SPAS 116 (ABC 1358), not to report in its revenue stalement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research In furtherance of public service, provide, in Part Xlll, the text of the footnote to Its financial statements that describes these Items. b If the organlzatlon elected, as permitted under SFAS 116 (ABC 958), to report In its rovenua statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these Items! (f) Revenuea included In Form 990, Part Vill, line j . ....... ............................... $ ......................... (I I) Assets Included in Form 990, Part X .................... ® $ ....................... . . 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under SFAS 116 (ASC 958) relating to these items: a Revenues Included in Form 990, Part Vill, line 1 $ .. . . ........... b Assets included in Form 990 Part X ........ .. ........ . .._ --. ......- .......,....................... ....- ...... 1 $ For Paperwork Reduction Art Notice, seethe Instructions for Form 890. schedule D (Form 99e) 7012 DAA BM 02/1312013 4:33 PM Schedule D Form ago 2012 Delray Beach Communa.t Lana Trust 20- -4162352 Page 2 ? f ;111° Organizations anizations Maintainin Collections of Art Historical 'Treasures or Other Similar ,Assets continued 3 Using the organ €zatlon's acquisition, accession, and other records, check any of the following that area significant use of its collection items (check all that apply): a k Public exhibition d ❑ Loan or exchange programs b Scholarly research a Other e Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part MI. g y g -- — licit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organizalion's collection? • . • ,,, • „ • . ❑ Yes L NO r During Escrow and Custodial -- — ���' e ear, the an za on so _ 1�-:� l Arrartgemen #s. Complete if the organization answered Yeses to Farm 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. 1a Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not Included on Form 990, Part X? ❑ Yes [I NO b If "Yes," explain the arrangement In fart XIII and complete the foilowing table: C Beginning balance ....... ............... --- 1C d Additions during the year .............................. ... ....................... ............•..,............... 1d e distributions during the year 1e _ fEnding balance ............... ................... ............ ........... -- ...-- ..-- ...•.. ........... 1f 2a Did the organization include an amount on Form 990, Part X, line 21?_... .......... ........... ............................... .. ❑ Yes ❑ mo h If °Yes;' ex laln the arrangement in Part XNf. Check here If the ex carillon has been rovfded in Pali XIII.. -. • . • . , • . - • -- • .. • .. • . • .... • • .. Fndowmpnt Frrnrls- ('n plete if the ocla nimation answered "Yes" to Form 990 Part IV line 10. 1a Beginning of year balance b Contributions c Net investment earnings, gains, and losses d Grants or scholarships .. e Other expendituresfarfacili3€es and Programs IF Administrative expenses , ... • .... • . • .. g End of year balance (a)CUrrent year (b) Aria Yew (c) Two years back (d) Three years back to) Four years back 2 Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: a Board designated or quest- endowment �, A/a ............. b Permanent endowment lb- % ...........• c Telnporari €y restricted endowment) % The paresntages in fin" 2a, 2b, and 20 should equal 100°/x. 3a Are there endowment funds not in the possession of the organization that are held and administered for thy: organization by: Yes Pia (1) unre€ated organfzaffons ....••. ... ................ .... ..... ...... 3a i (1 €) related organizations ,. 3a ti b If" Yes "to 3a( €l),are the related organizations listed as required on Schedule R? ................. ............................... 3b 4 Describe in Part Xll€ the Intended uses of the or anization's endowment funds. I:l. °ru11 t anal €:$uttptft s and tciumment. see Form &K t,arc A, tine -m. Description of property (a) Cost or other basis (investment) (b) Cost or other basis (other) (e) Accumulated depreciation (d) Book value 1a Land b BuIldings .. ............................... C Leasehold improvements d Equipment . ................•. ............. e Other— — ...... 3 83 3,2 {r -' 3,834,321 1 11$ 008 1 118 008 Total. Add l €nee la through_ Ia. (Colurrin (d) must equal Form ON, Part X, column (B), line 10(e).) .. ... . ................... 10- 4,952,329 Schedule d (Form 980) 2412 DAA W18 02l1V00 4.33 PM - 4162352 t 1_ t: -vita', Investments —Other Securities, See Form 950, Part X, fine 12. (a) t3odption of secOly er category (b) Book MOO ;q) Method or valuation. (including name of security) I I Cost or and -of -year markat value (1) Financial derivatives (2) Closely -heid equity Interests .... ......................... . . .... (3) Other ............................... ... ............................ �A) ................................... ............................... �s� ..... .... .............. ............................... coi............• ..................... ................... .....I...... () { ............................•...... .............•................. {1. • .......... ............................... •.....• •.... •.... •..... H},•...,•• .......... . ..•......• ....... ..- ......- ...... t -t? IM lnvactmantc— Prnnram RAIMAd. SPA Fnrm 99(1_ Part X IinQ 13. la) pescri lion of investment type (b) Book value jet Molhod of valuaCw; cost or end -of -year market value (1 (2) (3) (4) 6 7 5 8 6 i0 7 Total, (Column(b) must equal Form.90U,._PartX,001. (3) line 15..-•......-....•.• ......... .. .... ... .......•..•...•,...... 8 (19) Total. Column b must equal Form 990, Part X, cot. (B) line 13• 0, F_t1 . --9 if = r1thcxr f!cv¢atc Rare Fc)r- n L)q[1 Psrt X UnA 9'-r (a) Description lb) Book value (t) (2) (3) (4) 6 7 8 9 i0 Total, (Column(b) must equal Form.90U,._PartX,001. (3) line 15..-•......-....•.• ......... .. .... ... .......•..•...•,...... 2. FIN 48 (A5C 7413) Footnote. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax pusitlons under FIN 463 ABC 740). Cheep here If the text of the footnote has been proVided in Part x111 ..... . .............. . AAA Schedule P (Form 000) 2012 8018OPJ $M1340PM Schedule, 0 (Form 990) 2012 DelraV Beach CommunitV Land Trust, 20- 4162352 Page -4 #?: � Reconciliation of Revenue per Audited Financial Statements With Revenue pe l Return 1 Total revenue, gains, and other support per audited financial statements 1 4 74 98 6 y 2 Amounts included on line i put not on Form 890, Part VIII, line 12:vyV. a Net unrealized gains on Investments .......................... ...... 2a b Donated services and use of facilftles 2b:'»� = -- G Recoveries of prior year grants ............ .. .............. .............. 2c d Other (Describe in Pert Xlll.] • . 2e eAdd lines 2a through 2d .......... _ ..•------------------------------------•--..... ....-- ......................... 3 474,986 3 Subtract line 2e from fine 1 ...................•--..... .................•- -..- --...... ................... _— 4 Amounts Included on Form 990, Part Vill, line 12, but not on linel: a Investment expenses not included on Form 990, Part Vlil, line 7b .... . . .. .. . .... .. 4a ,z b lather Describe in hart Xlll, 03 �40 C Add lines 4a and 4b S 4 74 9 $ ¢y ............................................................... ............................... 5 Total revenue. Add lines 3 and 4c, (This must equal Form 990, Part 1, line 12.) ...................... . ............. 11! ry Reconciliation of Expenses, per Audited Financial Statements With Expenses er Return 1 Total expenses and losses per audited financial statements ..... ... . ......... ............ ........... .. . ..... 1 574,111 = =' 2 Amounts included on line 1 but not on Form 994, Part IX, line 25: a Donated services and use of facilities 2a b Prior year adjustments ............................. .. ........... ... .... ........... 2b C Other losses 2G - -'W d Other (Qescribein Part Xlll,) .................... ............................... 2d �.. e Add lines 2a through 2d ......................................................... ............................... 2e 3 57 4 x X 1 3 Subtract line 2e from line 1 ........................... ............................... ... .......... ............... _ :V •: 4 Amounts Included on Form 990, Part IX, fine 25, but not on line 11: a Investment expenses not Included an Form 890, Part VII I, line 7b , , ,, , • , • 4a i U �"�- b Other ( Describe In Part X111.) ...... 4b c Add fines 4a and 44 ............................... 4c S 574 111 ............................................................... S Total expenses.Add Ifnes3 and 4c. (This must equal Form 990, Part 1, line 1S.) ... ............................... r'uII.11 Supplemental information Complete this part to provide the descriptions requ €red for Part 11, lines 3, 5, and 9; Part Ill, lines 1a and 4; Part IV, lines lb and 2b; Fart V, fine 4; Part X, line 2; Part A, fines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional Information. ...................................................................................................................... ............................... QA4 Schedule P (Form 580) 2012 800 07 IM0134:33 PM Schedule D (corm ogo)2m Del =a lBeach Community Land Trust, 20-4162352 Page Information (continued) ............... ................ .................. 1-1--l- ........... 1-1 ........................... ............................... I .......... ....... ......... .......... .................................... . ............................. --l- ............ ......... ......... .......................... ................................... . ......... ........... .............. ...... I .......... ........ ......... ......... -- ............. I ........... ...... ............. -.1 ...... ............................. ....... .............. ..................... ................. ................. .............. ............... ...... ............................. ........... .................. ................. ................ ............ ............................. ........ 1-1 ....... I ............. ................................ .......... ........... .............. .................... ...... I ....................... --l-I.I., ...................................... .......... - 1. 1. 1. 1 ....................... -1-11 ...... -- ........................................................ ............. ..................... ................................................... I-- ................. - _ .............. ------------ I.- ...... ------- - ..................... ........ 1-1.1, ........................ 1-1-1 ...... .......... - ............................... .... I ....... ........................ -.­ ................... ................ 1.111.1.1- ............. . .......... .............. ....... .......... ...... ......... .......... ....................... ............................... ....................... - ........ 1- ............... I .................................................................. ............ .................. ....... ................... 1--l. ........ ..... --,- ....... .......................... � L .................................... ........................................................ I .......... .......... 1.1- ......................................... ................... 11.11,11-1- ......... ........... ............ .................... ................... I.,. ............... 1.1-11 ........ . ........... --.- ------- ........................... ... -.-- ........ .................... ............. ...... - ............................ ...... I - ... - .................... -- ..... .......... .......... .................... ............................................ I ----- ... . ........... .................................... ................ ......... ........... .......... ...... ....................................... ............. I .............. .............. ............. ........... -.. I ............ --,- .......................... ................... I ............... ....... -- ............ ---------- ------- ................... .......... ................. . ........... .................... ........................ ......... I .............................. ........................................ ................ ................ .................... -- .................... ................. ....... ......... ------------- ............ ............ .................. ................... ............ .......................................... ........ ............ -- ........ -1-1 ........................ ................ ....................... .................... -.11 ........... .......... ...... .............................. ................... •................. --- ........................ Schedule 1) (FOUM 990) 2012 DAA 8016 0211312013 C" PM SCHEDULE M (Form 990) neporlm4 ml u €the Treasury Inlem2€ Revenue Serka Name of the organization De u _rt pa Types of Noncash Contributions Compldb if the organraalions answered "Yes" on Form 990, Part IV, fines 20 or $0. )` Attach to Form 999. Land. oMI3 No. 1545-0047 employer Idantlrloatlon number 20- 4162352 — a Check it applicable h Number of contributionscr ilems contributed tci Noncashcontributiion amounts reported on porn 990r Part Vlll, line 19 N,elhodo€deiarminiryg rtoncesh coalribution amounts 1 Art —Works of art 2 Art—Historical treasuros 3 Art— Praotional interests 4 books and publlcatlons 6 Clothing and household goods 6 Cars and othervehicles 7 Boats and planes 8 Intellectual property 9 Securities --- Publicly traded 10 Securities — Closely held stock,. 11 Securities— Partnership, LM or trust interests 12 Securities— MISOeIlaneous 13 Qualified conservation contribution— Historic structures ....................... 14 Qualified conservation contrlbutlon- -Other _ 16 Real estate — residential 16 Real estate — Commercial 17 Real estate —Other ............. 18 Collectibles 19 Food Inventory. . ...... ....... .. 20 Drugs and medical, supplies 21 Taxidermy .......... 22 Historical artifacts 23 scientlfio specimens 24 Archeological artifacts X 2 49,206 26 Other),( Land & ):tent j 26 01horio,( ... .................... .) 27 Other ®( ) ................. 28 0111er P� 29 Number of Forms 8253 received by the organization during the tax year for contributions for which the organization completed Form 8283, part IV, Donee Acknowledgement.... 29 Yes Na 30a DurIng the year, Old the organization receive by contribution any property reported In Fart 1, lines 1--28 that It must hold for at least three years from the date of the Initial contribution, and which Is not required to be _ � used for exempt purposes for the entire holding period? 30a X b If "Yes," describe the arrangement In Pad 11. 31 Does the organization have a gift acceptance policy that requkes the review of any nonstandard - contrlbuttons7 31 X ..................................................... ............................... 32a does the organization hire or use third parties or related organizations to solicit, process, or sell noncastr contributions? 32a X . Part Il ....... ............................... ..................... ........................•...... b It "Yes," describe I s µ �- 33 If the organization did not report an amount In column (c) for a type of property for which column (a) Is checked, describe in Part 11. For Paperwork Reducttcn Act Noticr, sca the Instruetlons for Form 980. DAA Schedute hi (form 6901 (20,K) W18 02113!2013 4:33 Phi Scheclulem(Fcm1800) (2412) Delray Such Community Land Trust, 20-4162352 Paget 1 °iik_Il `. Supplemental Information. Complete this part to provide the information required by Part 1, lines 30b, 32b, - and 33, and whether the organization Is reporting In Part I, column (b), the number of contributions, the number of items received, or a combination of both. Also complete this part for any additional information. . ................................. ........ ------ .................. ................ ........................ ......... ..........,...,............,... ........................................................................................................................................................... ..................................................... ................ ......... . ..... ............... ............................... ............................................................................................................ ........ ....................... ................ --...... ....- .....--- ....-- .-- .-- -... -- .--- .-- ...--- ....... -- .--...........-......... ..- ..................-- ........ i ...................... . . .... ----.--.---- .•-- .---- .-- ..---- .. ........... ................ .-- ................. I C 4 ......... .. ........ .. ............ ... ...... .................................................. ............................... I ................... . .. . ........................................................................................................................... ............................... i . ............................................................................ ............... ................ ... .. ........... .... ..... ,....,.. .. ... .. ... I I ....................................................................................................................... ............................... ... .......... ........ .. ............ ......... .'-...........,...,...-...-....,................... ..................,.- .......... ......,...... -.. -.. 4 t Schedule hi (Form 990) (2002) D.4A 8018 02113/2013 4:33 PM SCHEDULE 0 (Form 900 or 990,EZ) Department of the Treasury Intemar Rovanue Service Name of the organization Supplemental Information to Form 990 or 1390 -EZ Complete to provide Inforraatien for responses to specific questions on Form 980 or 990 -EZ or to provide any additional information. 0- Attach to Form 950 or 990 -EZ. Iraq Beach Community Land 'gust EMproy6r1dent1fluatlon AUMbW 20-- 4162352 Form �9�r,.. Part..!��.t.. T,a.ne r- - Classes of Members or Stockholders Hoznebuyers are ret iced to be a Member of the are�anxzation far a $1.00 ................... annual fee. ...................................................•......................................................................., .,............................. Form 990. Paxt VI, zz�e „11b Organizat on! s Process to Review Form 990 1. Executive Director reconciles to the financial records and reviews the form f'or fib incr..Prior to board officer -_ - .:.......................... ............................... .................... .......I....................... Form 990r dart .�, ine 12c - Enforcement. of Conflicts Podgy .......... .......e. Staff monitors the Dolicy .and compliance �equireanent. In addition board 1. me exs arm ec u reci „t.o recuse themselves From any matters can th agenda ................... I...................... that could be considered a conflict of interest. .............. ..................... ......... ........................... ............................... ................ ........................ 'ox 99{?, Part VT, Z; ne l5a Compensation Process for Top Puff .gial The Exec ...................................... Executive . other like entities in order to determine the reasonableness of the camZ'e�?sation -------- ................................... ............. .......................... Form 9913, 1�art iTZ, Line 1.9 - Governing Documents „Disclosure ExP, a'- tion Cover? nc documents .are made available u -pon „requesi ....................................................................................................................... ............................... Form 990, ?art lX, Line 24e Other Expenses ......... ................. Descrapta on.... 11moun t ............................ G2osing Cost...... �� ............... 6. c755................. ............................... ........... ............................... .Repair.. &..Main t- B15dg. ... ................... .. ...... .......... 6, 673. _............_......,. For Papet work Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. Schedule 0 (Form 990 or 990 -EZ) (2092) ©AA W16 02/13120134;33 PM licneoule o Form 990 or 990 -MZ 2012 Page 2 Name of the orpanixalion Employer Idenllticallon number Delray Beach Corrmunity. Land Trust, 120-4162352 Landscape Nlaintenan.ge $ 5 777 ............ ....... ................. ....... i?eai x & Mai rkt B�c�J. .......... 'T 67 Weer /Sewer Blci .3 ........................... ��'.......... .....,a87 Pro.f- essiona� Serv.iGeS $ $d3 liepai�s /Ma .nt/ Equip .................. .................. ��'........ 3 fl82 r• ........ ... .. ......... ............................... Oi. s. ce.• Op®ratin g..Expense...- . .............. $ ............... 3,97 .In.pu. anca .- Homes .................... .. ... . ..�6,..,.,...... PestControl .................................... ..71� .... ............................. Water/ Suer- BJ_ �g.. d5 ..................... .............. ..�.- 2 f1.23 Otiaerxnprorrernerxts ---- -- - - -- ---- --------- $ ....1,796 BeI?ir &Sainfi- Bldg ...... .......... " .............. 1,773 ................ 1- . .......... ,.. Rep ace xtent Cost- -Bldg 31 .................... $ ......,.., 1 547 l..............--.--....--- ..................,..,.... -.. iaues /Subserptit>ns 368 FPr� $1d 3 .................... $.... 927 Prantin�.... G4PXi? ig ..... .. .. ........................... $ 925 CODA Master Fees $ 856 ?.qnpert ..Taxes,. .................. $ 739 Me.aI. .s ... ................... 678 ............................... ............ ... .... .. ........................... .. ................... License /Perm...... es- _ -._... $ 3g TeleP hone ... ............................... $ 3 6fl Posige & Ae1ve,.... ..s$.... ... ............� ............,.......--.....................---- ..... ............ $....... -. 152 PraperLrBusness Taxes d Bank Cl� xge ... ................ $ 14 I. nnq Schedule o (Form B90 or 990•Ez) (2012} DELRAY BEACH COMMUNITY LAND `CRUST, INC. AUDITED FINANCIAL STATEMENTS FOR THE NINE MONTHS gENDED SEPTEMBER 30, 6012 1 DELRAY BEACH COMMUNITY LAND TRUST, INC. AUDITED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 TABLE OF CONTENTS Independent Auditors' Report Financial Statements Statements of Financial Position Statement of Activities Statement of Cash Flows 4 Notes to Financial Statements 5 -11 Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 12 -13 To the Board of Directors Delray Beach Community Land Trust, Inc. We have audited the accompanying statement of financial position of Delray Beach Community Land Trust, Inc. (a non - profit corporation) (the "Organization ") as of September 30, 2012, and the related statements of activities and cash flows for nine months then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion an these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Delray Beach Community Land Trust, Inc. as of September 30, 2012, and the changes in its net assets and its cash flows for nine months then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated January S, 2013 on our consideration of the Organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Casselis & Associates, CPA, P.A. Certified Public Accountants Pembroke Pines, Florida January 8, 2013 Member of: Florida institute of Certified Public Accountants Mailing Address: American Institute of Certified Public Accountants Office Address: P.O. Boa. 820297 AICPA Employee Benefit Plan Audit Quality Center 1911 NW 150 Ave., Ste- 203 Delray BeaGh co==nity sand Wrest, Inc Statement of Financial. position, Septembex 30, 2012 ASSEITS PEAMAMNT'LX The Accompanying Notes are an Integral, part: of There Statements - 2 - UMWSTRICTED RESTRICTED TOTAL CURRENT ASSETS R Cash & Gash Equivalents $ 264,629 $ 264,629 Account Receivable 2,660 2,660 Prepaid Expense & Other Current Assets 61907 6,907 TOTAL CURRENT ASSETS 274,196 _ 274,195 OTHER ASSETS Leased Land - Restricted (Note 2 & Note 3) 3,834,320 3,834,320 Other Land - Restricted (Note Z & Nate 3) 518,532 518,532 Leased Property improvements (Note 2) 599,476 599,476 Property Improvements Held for Sale (Note 2) - - TOTAL OTHER ASSETS 599,476 4,352,852 4,952,328 TOTAL ASSETS 5,226,524 S 873,672 $ 4,352,652 $ I,IARTLITIES AND NET ASSETS CURRENT LIABILITIES Accounts Payable and Accrued Expenses $ 67,161 $ $ 67,161 Line.cf Credit 25,000 25,000 TOTAL CURRENT LIABILITIES 92,161 - 92,161 Note Payable (Note 5) 325,249 325,249 TOTAL LIABILITIES 417,410 - 417,410 NET ASSETS Unrestricted (note 1) 456,262 456,262 Permanently Restricted (note 11 4,352,852 4,352,852 TOTAL NET ASSETS 456,262 4,352,652 4,809,114 TOTAL LIABILITIES AND NET ASSETS $ 673,672 $ 9,352,852 $ 5,226,524 The Accompanying Notes are an Integral, part: of There Statements - 2 - Delray Beach Community Land Trust, Inc Statement of activities FOr thO mine Months Ending September 30, 2012 GRANTS, SUPPORT AND REVENUES Public Support Grants Contributions Revenues Developer Fees Rental Income Management F'aa (Palm Manor)& Rental Income Ground Lease Fees Donated Facility Other Income Fundraising Interest Income TOTAL EXPENSE Prograin Services support Services Fundraising Expense TOTAL EXPENSES INCREASE (DECREASE) IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR Unrestricted Permanently Restricted Total $ 188,100 $ - $ 198,100 138,206 (107,000) 31,206 35,304 35,304 18,457 18,457 160,752 160,752 19,783 19,783 18,000 18,000 21991 2,891 176 176 317 317 581,986 (107,000) 474,996 474,786 474,786 99,321 M 99,321 574,107 - 574,107 7,879 (107,000) (99,121} _- 448,383 41459,852 4,908,235 $ 956,262 $ 4,352r552 $ 4,809,114 The Accasupanying ITotes axe -ri Integral. Part of These Statements - 3 - Delray Beach. Community Land Trust, Tnc Statement of Cash Flows For the Nine Months Ending September 30, 2012 GASH FLOWS FROM OPERATING ACTIVITIES: Increase (Decrease) in Net Assets $ (99,121) Adjustments to Reconcile Increase in Net Assets to Net Cash Provided by Operating Activities: Property Contribution (Increase) Decrease in operating activates:: Accounts Receivable (1,210) Prepaid and Other Assets 2,239 Increase (Decrease) in Operating Liabilities: Accounts Payable & Accrued Expense 38,584 NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES $ (591508) CASH FLOWS FROM INVESTING ACTIVITIES: Property Purchase (64,705) Addition to Building Improvements (32,860) Sale of property 553,506 NET CASH PROVIDED (USED) BY INVESTING ACTIVITIES: $ 455,941 CASH FLOWS FROM FINANCING ACTIVITIES: Proceeds from Line of Credit 25,000 Principal. Payment on Loan (361,350) NET CASH FINANCING (USED) BY INVESTING ACTIVITIES: $ (336,350) NET INCREASE (DECREASE) IN CASE & CASH EQUIVALENTS $ 60,083 CASH & CASH EQUIVALENTS AT THE BEGINNING OF YEAR 204,546 CASH & CASH EQUIVALENTS AT END OF YEAR $ 264,629 The Accompanying motes are an Integral Part of These Statements - 4 - DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 3D, 2012 NOTE 1— NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Activities: Delray Beach Community Land Trust, Inc (the Organization) is a not- far - profit corporation organized in January 2006 under the laws of the State of Florida for the general purpose of owning land and providing affordable housing opportunities for low and moderate income individuals in Delray Beach, Florida. Support and revenue are obtained primarily from local government grants, contributions from local governments and other private developers, memberships, and the sale and leasing of property. Property consists of land and property improvements (homes). Since October 1, 2006, the Delray Beach Community Land Trust operated as an independent private not - for- profit Organization and was not considered a component of the Delray Beach Community Redevelopment Agency (CRA) relative to the issuance of financial statements. Prior to that period, the Organization was considered a component unit of the CRA. The financial statements for the period from inception to September 30, 2006 of the Organization were included in the CRA's financial statements, Significant Accounting Policies: Use of Estimates in the Pre Oration of Financial Statements: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilitles at the date of the financial statements and the reported amounts of revenues, support and expenses during the period. Basis of Presentation: Financial Statement presentation follows the recommendations of the f=inancial Accounting Standards Board in its Accounting Standards Codification ( "ACS") which establishes FASB ASC as the source of authoritative U.S. accounting and reporting standards for nongovernmental entities. The Organization's resources are classified and reported in the accompanying financial statements as separate classes of net assets based on the existence or absence of donor - imposed restrictions as follows: Restricted and Unrestricted Revenue Su ort: Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support, depending on the existence and/or nature of any donor restrictions. in addition, the Organization recognizes only those contributed services, which are provided by individuals possessing "specialized skills". The Organization has designated, through approval by the Hoard, that a general reserve of $89,392 be established and maintained in order to Provide capital for unexpected needs in the future. Support that is restricted by the donor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the support is recognized. All other donor- restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or Purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted assets and reported in the Statement of Activities as net assets released from restrictions. Page 15 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL. STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER iii, 20 .2 NOTE I -- NATURE OFACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Real Estate Property Sales; The difference between the proceeds received and the carrying value of property improvements is recognized as a gain or loss at the time the home is sold. in addition, at the time of sales, the Organization receives a 3% or 6% developer fee which is separately recorded as revenue by the Organization. Promises to Give: Contributions are recognized when the donor makes a promise to give; that is, in substance, unconditional. Contributions that are received subject to certain donor stipulations are reported as increases in unrestricted net assets if the restrictions expire in the fiscal year in which contributions are recognized. All other donor - restricted contributions are reported as increases in temporarily or permanently restricted not assets depending on the nature of the restrictions. When a restriction expires, temporarily restricted not assets are reclassified to unrestricted net assets. Conditional promises to give are recognized when the conditions on which they depend are substantially met. Other Assets: Other assets which are principaJy land, homes, and other assets held by the Organization for future sales are recorded at cost, if purchased by the Organization or at fair value at the date of the gift, if received as a donation. Constructed assets are recorded at cost, including all project costs for construction and development. Donations are reported as unrestricted support unless the donor has restricted the donated asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire assets are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Organization reports expirations of donor restricted assets when the donated or acquired assets are placed in service as instructed by the donor. The Organization reclassifies temporarily restricted net assets to unrestricted net assets at that time. Donated Use of Assets and Donated Services: The estimated fair value of the free use of assets owned by others, and the estimated fair value of contributed services of individuals with special skills over which the Organization exercises control, and which constitute a part of the normal program or services that would otherwise be performed by paid personnel, the amount of which is dearly measurable, are also recorded and reflected in the accompanying financial statements. Income Taxes: The Organization is exempt from federal income taxes under the provisions of the Internal Revenue Code Section 501(c) (3). Cash and Cash 1 uivalents: For purposes of rti porting cash flows, the Organization considers all money market funds with an original maturity of three months or less to be cash equivalents. Concentration of Credit Risk: The Organization occasionally maintains deposits in excess of federally insured limits. Statement of Financial Accounting Standards No. 105 indentifies these items as a concentration of credit risk requiring disclosure, regardless of the degree of risk. The risk is managed by maintaining all deposits in high quality financial institutions. Page 16 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 1 NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Compensated Absences: The Organization permits employees to accumulate earned but unused personal time off (PTO) benefits, All PTO is accrued when earned. Any PTO unused at the end of the fiscal year is shown as a liability and is reported in the statement of financial position as an accrued expense. Any amounts unused when an employee is terminated or retires is paid out of operating funds, Held or Sale Assets: The Organization holds assets for sale. These assets are to be sold to low to moderate income household, The assets include land and improvements upon the land (houses) which are recorded at hlstorical cost. Once the assets are sold the improvements are no longer recorded; however the land which is subject to a 99 -year ground lease is held by the organization. The leased land is shown as permanently restricted assets, while the improvements are unrestricted upon sale. NOTE 2 — OTHER ASSETS The Organization maintains ownership of the land for which the homes have been sold to individual homeowners, Individual homeowners are required to enter into 99 -year ground leases on the land to ensure that property is retained for affordable housing purposes. These lands have been classified as leased land and are considered permanently restricted. A portion of the land acquired was donated by the City of Delray Beach (the "City ") and the Delray Beach Community Redevelopment Agency. All land acquired is considered permanently restricted. Land contributed by the City of Delray Beach and the Delray Beach Community Redevelopment Agency are to be used for affordable housing programs in accordance with the Delray Beach Master Plan, The value of these lands is shown as permanently restricted net assets on the statement of financial position, Improvements property for sale and leased buildings represent hordes that are being held by the Organization for sale /resale to very low, low and moderate income individuals. Other assets activities as of September 30, 2012 are as follows; December 31, Land September Bid, Description 2011 Addition Sold Leased 2012 Leased Land — Restricted $ 3,846,180 $ (11,860) $ 3,834,320 Other Land -- Restricted 613,672 3,000 (110,000) 11,860 515,532 Leased Property 493,616 105,880 599,476 Improvement Property Held For Sale 443,505 (443,506) Total Other Assets $ 5,396,974 $ 108,860 $ {553,506} $ - $ 4,952,928 Conditions in the real estate market in Florida are currently unstable and may result in potential declines in the value of property held by the Organization, Page 17 DELRAY BEACFI COMMUNITY LAND TRUST, INC. NOTESTO FINAN CIAL STATE M ENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 3 — PERMANENTLY RESTRICTED NET ASSETS Land purchased or donated with donor restrictions requiring the land to be used for the general purpose of providing affordable housing opportunities for low and moderate income individuals in Delray Beach, Florida has been reported as permanently restricted. NOTE 4 — GRANTS Grants are subject to annual renewal and periodic amendments and require the fulfillment of certain conditions as set forth in the instrument of the grant. Failure to fulfill the conditions could result in the return of the funds to grantors. Although that is a possibility, the Organization deems the contingency remote, since by accepting the contracts and their terms it has accommodated the objectives of the grantors to the provisions of these contracts. For the nine months ended September 30, 2022, the Organization received an operating grant of $187,800 from the Delray Beach Community Redevelopment Agency. NOTE 5 —NOTES PAYABLE Ac uisition and Construction Loans: The Organization obtained various mortgage and construction loans from the Delray Beach Comm unity'Redevelopment Agency. The loans are non - interest bearing and are repayable at the time the property improvements are sold to qualified individuals. The loan terms require repayment of the proceeds from the sale of property improvements, less closing costs and a developer's fee. Certain loans acquired during the fiscal year ended September 80, 2006 also allowed the deduction of a land credit at the time of resale. Generally, the land acquisition loans are considered a contribution at the time it is made as repayment is not expected and the amount of the repayment cannot be determined at the time of the loan. As the balance of the construction and property improvement loans repayable is contingent on the purchase price of acquired property improvements, certain balances are written off at repayment, These write -offs are recognized as contributions at the time the property improvements are sold. The loans are collateralized by the land and property improvements acquired by the loan. The loan agreements restrict the use of the real property acquired'by the loans to be used for affordable housing programs. December 31, Addition Repayment Write off September 30, 2011 2012 NoteNoteble: DBCRA $ 518,954 $ 11,295 $ 205,0ao $ $ 325,249 City of Delray Beach 156,350 156,350 - Total Note Payable $ 675,304 $ 11,295 $ 361,350 $ - $ 325,249 Page 18 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS - FORTHE NINE MONTHS ENDED SEPTEMBER 30, 2052 NOTE 5 —NOTES PAYABLE (Continued) State Initiatives Housing Program (SHIP) Loans: The Organization has entered into a sub - recipient partnership agreement with the City of Delray Beach under which SHIP subsidy funds are received to assist low to moderate income homebuyers to purchase affordable homes from the Organization. The subsidy funds are considered loans to the Organization at the time of disbursement, The loan amount varies from $35,000 to $75,000. The loans are non - interest bearing and require no interest payment unless a qualifying event occurs. As the eventual repayment the loan is uncertain, no amount has been recorded in the financial statements at September 30, 2012 relating to these loans. See Note 10 for more information. The loans are collateralized by the land beneath the property improvements for which the subsidy funds were received. The loan agreements restrict the use of the real property acquired by the loans to be used for affordable housing programs. During the nine months ending September 30, 2032 the DBCLT expended $0.00. NOTE 6— EMPLOYEE BENEFIT PLAN Employees of the Organization are eligible to participate in a 401K plan. In order to be eligible the employee must have obtained the age of 21 and have completed three months of service with the Organization. The plan establishes 100% matching contribution up to 7% of eligible salaries and was approximately $15,269 for the nine months ended September 30, 2012. Employees may contribute up to the maximum established by law. The plan vests as follows: Years of Service Percent Vested 0 -1 0% 1 -2 20% 2 -3 40% 3 -4 60% 4 -5 80% 5f 100% NOTE 7 — IN -KIND CONTRIBUTIONS During the nine months ended September 30, 2012, the City provided the Organizatian with office space for use in its programs. The Organization recognized revenue and expense in the amount of $18,000 In conjunction with the donation. The City also provides certain computer services to the Organization. These services are considered non- professional and as such are not recorded in the financial statements, NOTE 8 -- CONCENTRATIONS To date, the Organization obtains a substantial portion of its loans and operating grant from the Delray Beach Community Redevelopment Agency (CRA). Loss of funding from the CRA could significantly affect the Organization's operating ability. Page 19 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 9— COMMITMENTS Lease of Properties Owned by, the Or anizat€on: The Organization has entered into several ground Cease agreements whereby the Organization has leased the land underlying several properties sold to individual homeowners under 99 -year leases. The Organization has also entered into lease -to- purchase agreements whereby the Organization has leased certain property improvements to potential homebuyers with the option to purchase the property improvements. Total rental income for the nine months ended September 30, 2012 was approximately $18,457, Ground Lease Fees: The Organization also leases residential housing and land to various individuals to further its mission of providing low cost housing, The leases are made for varying periods. The ground leases include use restrictions, true to the uncertainty of future rental collections, no amounts are disclosed for -future rental income. For the most recent fiscal year the Organization had ground lease revenues of approximately $19,783. Atlantic Park S care Project: The Organization has an agreement with the CRA to acquire and develop improvements on certain real property consisting of 20 lots. Linder the agreement, the Organization wil€ manage and finance development of the property, finder a second amendment to the agreement, the Organization will acquire the related land at a price of $10 per lot after securing a signed contract for the sale of the related property improvements to a third party buyer. As of September 30, 2012, 15 lots has been developed. DOTE 10 —CONTINGENCIES Land Morte Loans; The Organization has recognized contributions of various land mortgage loans that are not expected to be repaid, In the event that property improvements on the lands are sold at a price exceeding any associated construction obligation, a portion of this balance may be subject to repayment to the Delray Beach Community Redevelopment Agency. Management believes that this event is unlikely given the restriction of property improvement sales to low to moderate income individuals. State Initiatives Hausinroram,�SHIPj Zoans: As noted in Note S, the Organization has received certain subsidy funds from the City of Delray Beach which are considered non - interest bearing loans. The loans require no principal or interest payment unless a qualifying event occurs. Qualifying events include: a) sale or transfer of the property in such a manner that it is no longer held in trust for affordable housing programs; b) the Organization dissolves and /or ceases to exist as a 501 (c) (3) not- for - profit corporation; c) the unit is rented without prior authorization from the grantor; d) the unit is refinanced with prior authorization from the grantor; e) failure to follow guidelines of the Community Land Trust and the Local Housing Assistance Plan; f) failure to follow guidelines of the sub - recipient agreement; and g) failure to fallow the requirements of the City or the CRA. If a qualifying event occurs, the loans would become due and payable on the demand of the City. The total SHIP funds received through September 30, 2012 by the Organization is approximately $1,85 million, with $0.00 received as of September 30, 2012, Page 110 DELRAY BEACH COMMUNITY LAND TRUST, INC. NOTES TO FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2012 NOTE 11- GROUND LEASE - PROPERTY MANAGEMENT AGREEMENT On September 22, 2011, The organization entered into a 5 year Ground Lease - Property Management Agreement with the Delray Beach Community Land Trust to manage a 25 unit apartment complex located in the City of Delray (Palm Manor Apartments). For the nine month ended September 30, 2012 total revenue recognized in the accompanying financial statements was $160,752. NOTE 12; - UNCERTAIN TAX POSITIONS The Organization is exempt from federal income taxes Under Section 501(c)(3) of the Internal Revenue Cade, The Organization believes that it has appropriate support for any tax positions taken, and as such, does not have any uncertain tax positions that are material to the financia€ statements, NOTE 13 - -LINE OF CREDITS The Organization has a $50,000 unsecured bank line of credit which matures March 2, 2013, Amounts borrowed under this agreement bear interest at the bank's prime rate (3.50% at September 30, 2012). At September 30, 2012, $25,000 was outstanding on this line. The Organization has a revolving $100,000 line of credit secured by first real estate mortgage on properties owned by DBCLT in Delray Beach. The loan matures March 2014 and carries a fixed interest rate of 5.25 %. At September 30, 2012, no amounts were outstanding on this line. NOTE 14— SUBSEQUENT EVENTS The Organization has evaluated subsequent events through January S, 2013, the date which the financial statements were available to be issued, noting no significant events that did not exists as of the date of the statements of financial position, but arose after that date. Page 1 11 To the Board of Directors Delray Beach Community Land Trust, lne. We have audited the financial statements of Delray Beach Community Land Trust, Inc., Florida (a non- profit corporation) (the "Organization ") as of and for the nine months ended September 30, 2012 and have issued our report thereon dated January 8, 2013. We have conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing standards, issued by the Comptroller General of the United States. internal Control over Financial Re ortin In planning and performing our audit, we considered Delray Beach Community Land Trust, Inc.'s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control over financial reporting, Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control financial reporting. A deficiency in internaf control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Com fiance and Other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on Page 12 Member of: Florida Institute of Certified Public Accountants Mailing Address: American Institute of Certified Public Accountants Office Address: P.O. Box 820297 AICPA Employee Benefit flan Audit Quality Center 1911 NW 150 Ave., Ste. 203 Pembroke Pines, FL 33082 AICPA Government Audit Quality Center Pembroke Pines, FL 33028 compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to he reported under GovernmeratAuditing Standards. This report is intended solely for the information and use of the Board of Directors, management and Pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Cassell$ & Associates, CPA, P.A. Certified Public Accountants Pembroke Pines, I= lorida January 8, 2013 Page 113 DELRAY REACH`COMMUNITY LAND TRUST " ��snL � daa G �� f�°axda,54 /vaaG6n� �xnxvs� Lula Butler - President City of Delray Beach C?i Community Improvement Director 100 NW 15t Avenue Delray Beach, FL 33444 Email butler@ci.delray- beach.fLus Public Representative Elected 12/20/2012 Term Expires 09/18/2014 Gary Eliopoulos -Vice President GE Architecture, Inc. Vice President 205 George Bush Blvd Delray Beach, FL 33444 Email garyPeliarch.com General Representative Elected 09/19/2013 Term Expires 09/17/2015 Morrie Weinman - Secretary U.S. Air Force Retiree 13850 Via Tivoli Delray Beach, FL 33436 Email mytythor aol.corn General Representative Elected 12/20/2012 Term Expires 09/18/2014 David Weatherspoon Delray Beach Police Dept. Sergeant 300 W. Atlantic Avenue Delray Beach, FL 33444 Email weathers(@mvdelravbeach.com Public Representative Elected 12/20/2012 Term Expires 09/18/2014 Palk Cotton Retired Plumber 1025 Mango Drive Delray Beach, FL 33444 Lessee Representative Elected 09/19/2013 Term Expires 09/17/2015 1 Vince Larkins FHCenter of the Greater Palm Beaches President & CEO 1300 W. Lantana Rd. Ste 200 Lantana, FL 33462 Email vincef epalmbeh cr,aol.com General Representative Elected 12/20/2013 Term Expires 09/18/2014 Dysonya Mitchell PBC School District Teacher 225 SW 7th Avenue Delray Beach, FL 33444 Email dmitch22 @fau.edu Lessee Representative Elected 12/20/2012 Term Expires 09/18/2014 Elton McGowan Jr. ABC Carpet & Home Assistant Manager 214 NW 8th Avenue Delray Beach, FL 33444 Email emcgowan @abchome.com Lessee representative Elected 09/19/2013 Term Expires 09/17/2015 Chuck West Morgan Stanley Wealth Management Financial Adviser 4776 Temple Drive Delray Beach, FL 33445 Email chuckwest2 @vahoo.com General Representative Elected 09/19/2013 Term Expires 09/17/2015 2 ERNEST G. SIMON DAVID W. SCHMIDT City of Delray Beach 100 NW 1ST Avenue Delray Beach, FL 33444 ON AND Sc DT ATTORNEYS AT LAW 140 NORTHEAST FOURTH AVENUE, SUITE A OELRAY BEACH, FLORIDA 33483 TELEPHONE 1561) 278 -2601 FAX (561) 265-0266 November 7, 2013 Re: City of Delray Beach RFP #02- 2014NS Dear Ladies and Gentlemen: WEST PALM BEACH (561) 737.822.2 Our office represents the Delray Beach Community Land Trust, Inc. (the "DBCLT "). This letter is submitted to supplement our client's response to the above - referenced RFP, In response to Part F -- Litigation of the RFP, DBCLT is currently a defendant in a mortgage foreclosure action, Fifth Third Mortgage_ Co, v. Linda Phillips, Case No, 50201 OCA021788XXXXMB, as the DBCLT owns the underlying real estate. There is no potential financial liability on the part of DBCLT because of this case, and it will have no impact on the capacity of DBCLT to complete the proposed project. During the past 5 years, the DBCLT has been a party in the following law suits, all of which were in Palm Beach County: 1. DBCLT v. Cesar, Case No. 502012CCO 10388XXXXSB. Tenant eviction. 2. TD Bank v. Barnes, Case No. 502012CCO10388XXXXSB. Mortgage foreclosure. 3. DBCLT v. Owens, Case No. 502011CC017657XXXXSB. Tenant eviction. Other than the Linda Phillips' mortgage foreclosure action, all the other cases have been resolved and are closed. Should you have any questions or require any further information, please do not hesitate to contact me. Sincerely yours, David W. Schmidt cc: DBCLT Evenly S. Dobson, E=xecutive Director Delray Beach Community Land Trust, Inc. 145 SW 12"' Avenue Delray Beach, FL 22333 pear Ms. Dobson: 954.362.1811 is l 888.362.1811 1 , 954.889.5832 In response to your request :via email on November 7tli, 20113; we wish to state the following_ 1. The audit for Delray Beach Community Land Trust, Inc., for the year ending September 30, 2013 is in progress and no difficulties have occurred as of today which would hinder our ability to complete the audit and issue and opinion on the financial statements once issued We estimated that the audit will be completed on or before January 20'�, 2014, contingent on any issues that may arise. 2. The Delray Beach Community Land Trust, Inc., for the. year ending September 30, 2012, was completed and issued January 8, 2013. We encountered no difficulties during the audit. If you nave any questions please feel free to contact me at (954) 302 -1811, extension 122. Regards, Annette Cassells- Wilson, CPA President Cassells & Associates, CPA, P.A_ kienit�er ok Florida Institute OI'C:ertified Public Accountants .. a lhig address: American Institute ()I' C'ertil'icd public :lccOuntastts C)fY`ice Address: P.{ Ei' {1207 AICPA Employee Benefit Plran Audit Quality Center 3600 Red Road, Suite. 407 Pembroke fines, FL 33082 AICI'A Government Audit Qualit\l Center h9iramar, I =L 33025 WBE / MBE / DBE Not applicable to our non - profit 501(c )(3). TARGET AUDIENCES & MARKETING STRATEGIES 1. Applicants: Goal is to get prospective clients to inquire, qualify, and sign up for available properties (homes and rentals) : a. Orientation Sessions — Assist and inform prospective home buyers with determining whether the CLT Program is an option for them b. Home Ownership Classes — Offer free (or minimal fee) classes addressing FAQ that people have when they are looking for a home; cover Ground Lease, affordability, household budgeting, credit readiness (lender criteria), down payment requirements, etc. c. Open Houses —Show managed and DBCLT units or models that are available for sale or coming on line d. Participation in Home Expos and various events in Palm Beach County — Reach a target audience by participation in structured Home Expo events along with a larger audience through festival type forums. 2. Membership /Donations: Goal is to increase membership base and donations from the public and corporations a. Annual Fund — mail membership /donation request form to DBCLT current members and others before the end of the fiscal year b. Online Donations —allow individuals to make donations anytime through the DBCLT website or other available avenues 3. Community at Large: Goal is to build a positive reputation for the DBCLT throughout the Delray Beach and South Florida community a. Press Releases -- centered around major events, including success stories (sale of new and rehabbed homes), new projects (developments, not just individual single- family houses) b. Photo Ops — Invite press to open houses and other events that can provide good photo opportunities and human interest stories c. "Opening Doors ", DBCLT Newsletter — Produce a annual newsletter highlighting our program. Focus on raising awareness. d. "Facebook" link to website e. Website — a great primary source of information, including history of the organization, accomplishments, media coverage, available and upcoming housing, application process, etc. f. DBCLT Newsletter — publish a annual or semi - annual newsletter; focus on the accomplishments or needs of choice; mail to DBCLT members and distribute at other public places 4. Sponsors; City of Delray Beach, Delray Beach CRA: Goal is to keep our sponsors abreast of DBCLT operations, financial status, and housing projects to ensure future support a. Status Reports — provide required monthly and quarterly status reports I b. Mailing List — add sponsors to email distribution lists and regular mailing lists for events /campaigns c. Partner Recognition — Include the sponsors logo in any official publications or venues where DBCLT partners and major supporters are recognized d. Lenders - Goal is to increase financing options for CLT customers by partnering with lenders to participate Attachment "A" Automobile Insurance Coverage N/A The Delray Beach Community Land Trust does not owned any automobiles and does not have coverage for Non -Owned Vehicles PRODUCER I McKinley Financial Services, Inc. 545 North Andrews Avenue Fort Lauderdale, FL 33301 954,938.2685 tparke@mckinleyinsurance.com CO Delray Beach Community Land Trust Inc 145 SW 121h Ave Delray Beach FL 33444 '.'r 11115/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Mexum Indemnity Insurance Co. COMPANY Hiscox Insurance Co. COMPANY COMPANY D v.�l.+cv v r nc HI-1111 U aVRIM -10 RGUVE tOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYA1= nI: lead Iwaearra I ,,,,, FOLICY EFFECTIVE POLICY EXPIRATION A X COMMERCIAL GENERAL LIABILnY CLAIMS MADE �Oceulz BDG0047917-04 7/23/2013 7123/2014 OWNER'S & CONTRACTOR'S PROT Waiver of Subrogation Per Project AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ANY AUTO UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROFaVYMC ! � INCL THE PR RSIE)f ON ,VE OFFICER5ARE EXCL A IProfasslonal Unblilty MPL1263253.12 04105/2013 1 0410512014 Errors & Ornisslona LIMITS GENERAL AGGREGATE % 2 00()000 PRODUCTS- COMPIOPAGG $ 1,000,000 PERSONAL& ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) COMBINED SINGLE LIMIT $ $ 5,000 BODILY INJURY (Per person) $ BODILY INJURY (Pereeddenl) $ PROPERTYCAMAGE AUTO ONLY -EA ACCIDENT $ $ OTHER THAN AUTO ONLY; EACH ACCIDENT $ AGGREGATE EACH OCCURRENCE $ $ AGGREGATE TT_3TAtu on+ 7CRYLIMITS FR EL EACH ACCIDENT $ EL DISEASE- POLICY LIMIT $ EL DISEASE -EA EMPLOYEE Aggregate Each Claim $ $1,000,000 $1,000,000 Additional insurer: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WORKERS COMPENS/ TION AND EMPLOYERS LIAEILITv INSURANCE POLICY INFORMATION PAGE WCP761090400 CATLEPOINT FLORIDA INSURANCE COMPANY R6newal of Number 500 West Cypress Cask Road, Suite 500 Fort Lauderdale, FL 33309 Carrier Code: 13599 l FEIN: 26- 3909921 Policy No. WCP761090401 1. The Insured /Mailing address *: DELRAY BEACH COMMUNITY LAND TRUST, LLC 145 SW 12TH AVE. DELRAY BEACH, FL 33444 Other workplaces not shown above *: 145 SW 12TH AVE. DELRAY BEACH FL 2. Policy Period: The policy period is from 06/2012013 to 06/2012014 at the insured's mailing address. RISK ID # NONE ❑ Individual ❑ Partnership ❑ Corporation or FEIN # 204162352 Insured's Identification No. 12:01 A.M. Standard Time, 3. Coverage: A, Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here *: FL B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1,00OXb0 each accident Bodily Injury by Disease $ 1,000Xb0 policy limit Bodily Injury by Disease $ 1,000X ]0 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here *: D. This policy includes these endorsements and schedules *: *Please see the attached Information Page Extensions for Item I., 3.A., 3.1). and 4. 4. Premium: The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code Premium Basis Rate Per Estimated Annual No. Total Estimated $100 of Premium Annual Remuneration Remuneration SEE ATTACHED ENDORSEMENT WC 99 00 06 A 05 45 Experience Rating Premium Expense Modification Discount Constant Factor $ 1.000 0.00000% 200.00 Total Estimated Annual Premium $ 4,326.00 Deposit Premium $ ❑ This is a Three Year Fixed Rate Policy Minimum Premium $ 328,00 Premium Adjustment Period: ® Annual; ❑ Semiannual; ❑ Quarterly; ~❑ Monthly GENT: AUTOMATIC DATA PROCESSING INSURANCE AGENCY, INC. I 1 ONE ADP BLVD, MS 325 ROSELAND, NJ 07068 Countersigned By { t i . Authori /e, fjepresentative THIS INFORMATION PAGE WITH THE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETES THE ABOVE NUMBERED POLICY. WC 00 00 01A JOL 6400 -0 -A (Ed. 5 -88) Copyright 1987 National Council on Compensation Insurance. Page 1 of 1 WCP761090401 ' CASTLEr -DINT FLORIDA INSURANCE COkir ANY EXTENSION INFORMATION PAGE 1. Premium continued: The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subiect to verification and chanaP by ai 0it Building Operation by Owner, Lessee, or Real Estate Mgmt ]Firm 9012 $217,000.00 1.7100 $3,711.00 Buildings Op.by Owner 9015 $5,000.00 5.0200 $251.00 Terrorism Risk Insurance Act Endorsement 9740 $222,000.00 .0200 $44.00 Increased Limit $ $120.00 WC 99 00 06 A 0112009 Classifications Code No. Premium Basis Total Estimated Annual Remuneration Rate Per $100 of Remuneration Estimated Annual Premium Building Operation by Owner, Lessee, or Real Estate Mgmt ]Firm 9012 $217,000.00 1.7100 $3,711.00 Buildings Op.by Owner 9015 $5,000.00 5.0200 $251.00 Terrorism Risk Insurance Act Endorsement 9740 $222,000.00 .0200 $44.00 Increased Limit $ $120.00 WC 99 00 06 A 0112009 Conflict of Interest Statement STATE OF -VI�,a 1 A a ) C0UNTY CF'-4?4 L"'?) z or 1 %) Before me, the undersigned authority, personally appeared n� s , who was duly sworn, deposes, and states; , ! A, .J f am the V o`cC- s € �i .nz of with a local .office in c �- and principal office in _` �tiltled�!;Re '-B to-<I, AL Said entity s submitting this proposalloffer to RFP- 02- 2094NS l and Homebuyers , D isposition Services for the Neighborhood Stabiiizati.on Program (NSP), B. The AFRANT has made diligent inquiry and provided the information in this statembnt affidavit Based upon its full. knowledge. C. The A.FFIANT.states that only one submittal for this solicitation has been submitted and tendered by tho appropriate date and time and that said above stated entity has no financial interest in other entities submitting a proposal for the work contemplated hereby. 0. Neither the AFFIANT nor the above named entity has directly or indirectly entered into any agreement, particlpated in any collusion or collusion activity., or otherwise taken any action which. in any way restrict or restraint tide competitive nature of this solicitation including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation, E, Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise prohibited from participation in this -solicitation or any contracting to folipw thereafter by :any government. F. Neither the entity nor its affiliates, nor anyone associated with them, have any pctentiai conflict of interest because and due to any other clients, contracts, or property interests in this solicitation o.r the resulting project. G. l hereby.also certify that no member of the - entity's ownership or management or staff has a vested interest in any City Office, Department, or Office. H. I, certify that no member of the entity's dwnership or management is presently applying, actively seeking, certify has been selected for an elected position within City of Delray Beach government. 1. In the event that a conflict of interest is identified in the provisioa of services, 1, the undersigned will immediately notify the City in writing. gated thi , u 20__ AFFIANT Typed Name ofAFFIANT Title 241P, -fg NOTARY- T. STATE on FL COUNTY 09 j�� I� %5ciLch Sworn and Subscribed before me this 15 -�" day of A)o uem ; 20 11 Personally known: Or Produced Identification; Notary Public - S €ate of: Commission Expires: 0 3 �� z RloWy Public State of Florida Ahmed J Burton ; ANY ComMission EE 175169 PLEASE COMPLETE A-RD SUBMIT WITH PROPOSAL f'g ExpiresD3116l2016 > > >>Failure to submit phis form With your PROPOSAL may disqualify your response. - « <� 25 1 P;agrs Aooeptanco. of Proposal Terms and Conditions Uwe, the undersigned, do hereby accept in total all the terms -and conditions stipulated and referenced in this R 'FP document and do hereby agree that if a Contract is offered or negotiated it will abide by the terms and conditions presented in the RFP document or as negotiated pursuant thereto. The signature(s) below are,ari acitnow figment of m derstanding and acceptance of a(i the terms and conditions set forth in this do e rroras ther -,N e agreed to between the parUes in Writing, ` rz 0P0ti Contracting Party Signature Contracting Party Printed Name JrrICt Title Date Mailing Address: k( 5 cJ i a—�k Phone / ax/E 'Ma1 Address :' Ci6, I - A j �, - q 5 M 56/- d4.3 - -'%501 /,/"ti s NOTARY: fi led T- &c io?,1 STATE "O1= FL COUNTY OiF Pa iti fk�64 1 Sworn and Subscribed before we this J �' day of ,) wen 20 C3 Personally known: Or Prbduced identification: j {r«/ C� Notary Public - State of; EL / /bl c in ps .� 6 Authorized.Signature: Alk6 Date: 11 16 2oi 3 Y �G Notary Pubfic state of Florida Ahmed J Burton i My Commission EE 775969 d OF rL6 Expires 03!7612096 .� » >Failure to submit this fora may disgpplify your response, < <.� 26jPage Tv N Addend U'.m AcknowIddgment AcknoWledgMent is hereby made of receipt of addenda issued during the solicitation period. Addendum through 9_ Initial, - Date: Person Cofnpleting RFP Ddcument (Signature):. Name (Printed): L; tL I r, be, b 5 6,,., >>>Fa!Iur6'to soknft this form Mr .y di qualify yout responn.«< CITY OF ' r A BID KFP No. 02-2014NS PLEASE AFFIX SIGNATURE WH1 RE INDICATED . (FAILURE TO DO 80 SHALL. BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The umdea-signed bidder ceztffles that this bid package is submitted in accordance with 1110 spoci cation ill its entirety wid with fall understanding of the conditions governing this bid. ia_(t S -i . . t L *Marne of Bidder (Firm .dame as Registered wlthftheir State of origin) Bus;ine�;s Address: 3E IacA. Street Address (P.O. Box. Address is not permitted), City, State, Zi Mailing Address: 5KCheck if Same as Business Address above Street Address City, State, Au orrized !fignaturb (Written) print Nam6 and Title of Person Sigraigg this Form Data 1 Telephone T FAX No. Email Address of Authorized Signee: fled '5 oryG Lnc c1/c re L VENDOR'SERVI E REPRESENTATIVE CONTACT CONTACT NA[EP'f E: TELEPHONE. 4, EMAIL ADDRESS: 281PaSe CITY OF " R yN i, STATEMENT 3 1" ,� If you are not biddinc on this senrfcelaoj -nmo ity, piaase complete and return this form to: City /Do[ray ch Purchasing Depar tment, 100 NW 1stAVeique, Delray Beach, Florida 33444, Failure to respond may result in.daletion ofver-Edor "s name frog the quali.'rigo bidder`s,.listfDelray Beach. VENDOR NAME: ADDRESS: TELEPHONE: 51O NATO FZE: DATE: Minority Ovith.ad Business: 0 Black ❑ l spailic N Yt`0man ❑ CJther Wd, tl* dn'dersigned have deefined to bid on Did 209 dN t the aafiav brig reason(s): Please Check below: 1 ❑ S.pecification "tigh" ' .; geared to rd brand or manufacturer only (explain belo v) ❑ Insufi Clarit tirn t re o the invitation bid ❑ Utte do not offer rgduct of an equivalent ❑ Our product chedule ould not: permt us to peg farrri ❑ Unable rlieet specifications ❑ Una eta meet bond requirements ❑ pecifications unclear (explain below) Other (specifij below) SIGNATURE; DATE: 29 Page !� r -a IN I he f6 dons are ® tiona1 The information is for internal use only and will assist the City in determining how to bettor sarve the citizens of Defray Beach, 1) Is your businass minority or woman owned and /or operated (51 ° /a }? -ZyeS No 4 What percentage of your total Workforce is considered minority? l)b % 3) Based. on the total cited iri Question - #?, please provide the percentage for each of the following ethnic affiliations; Wor4cfore l�se;riptior� tereenta gb E-iispanfc � �/Q African- American % Asian % Woman . Other % 4) What s your vro(kforce total? 15 5) Bayed on your cui-rent workforce,.how many employees are residents of Defray Beach ?.. . Thank you for your Oarti-�ipafion in tills survey. Company Cl?c.iA(i`f-ter /-0fj Address 5 ofz.� ldwl- ftL -1 Ai thorized signature Date 3a1Pa,gc. RFP No. 02- 2014NS If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference 'in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the :unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for.drug abuse violations, 3) This firm .gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection :(1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States .or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 0) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractc Name Si nature Dat. 201 Puge CORE OF SILENCE RFP [fin. 02- 2014NS The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach .County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2355. Come of silehco. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an "award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the timember's staff, a mayor or chief executive officer that "is not a member of a. local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract_ (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or p itential subcontractor or consultant of the "person. (c) The cone of silence shall be in affect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies. to any parson or person's representative who responds to a particular request for proposal, request for .qualification, bid, or any other competitive solicitation, and shall remain in effect until .such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest :hearings. C=ur[. er, the cone of silence shall not 'apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the :person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the [beat municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not to ahy purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 111, division 2, part.A, section 2 -5'i et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the .board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or-local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or "otherwise takes_ action which ends the solicitation process. (g) Any contract entered into in violation of the cone of sHence provisions in this section shall render the transaction voidable, % - `� ' l�� �t ✓ 1 �� I J 5 /;?e /,5 Contr ctor's iVame Sig ature Dat 211 Page I.NDEMMITYIHOLD HARMLESS RFP NQ. 02-2014NS Contractor shall,, in addition to any other obligation to indemnify the .City .of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities; losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting khere -from, or any ocher damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of the'rn. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor Linder any contract or agreement or under worker's compensation acts; .disability .benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including alforney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce .this Indemnification clause shalt be. borne by the Contractor. The obligations contained in this lndemnifcatlon Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or.susponsion of this agreement.:. Contracto s Name Si atUrO p ,e 221Page MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: December 11, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 RESOLUTION NO. 01-14 ITEM BEFORE COMMISSION The item before Commission is Resolution No. 01 -14 supporting legislation allowing for local regulations prohibiting smoking on playgrounds. BACKGROUND The attached Resolution encourages the Florida Legislature to adopt and Governor Rick Scott to support legislation allowing for local regulations prohibiting smoking in playground areas in order to protect the health, safety, and welfare of Florida's children and to provide a healthy play area for children. If the legislation passes, it will give more local control to the City to prohibit smoking to protect Delray Beach's children. The resolution, if passed, will be forwarded to Governor Scott, the Speaker of the House, the President of the Senate, the Florida League of Cities, the Florida Association of Counties, the Florida City /County Management Association, the Palm Beach County Board of Commissioners, and the Palm Beach County League of Cities. RECOMMENDATION The City Attorney's office recommends City Commission approval of Resolution No. 01 -14. RESOLUTION NO. 01-14 A RESOLUTION OF THE C IT Y COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES ALLOWING FOR LOCAL REGULATIONS PROHIBITING SMOKING ON PLAYGROUNDS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, secondhand smoke is harmful to health and has been linked to lung cancer and heart disease; and WHEREAS, children are particularly vulnerable to secondhand smoke and it has been linked to increased cases of asthma, pneumonia, and bronchitis in children; and WHEREAS, playground areas (including ball fields) are intended for use by children; and WHEREAS, prohibiting smoking in playground areas and ball fields will reduce a child's exposure to secondhand smoke; and WHEREAS, the City Commission of the City of Delray Beach encourages the Florida Legislature to adopt and Governor Rick Scott to support legislation allowing for local regulations prohibiting smoking in playground areas in order to: 1. Protect the health, safety, and welfare of Florida's children. 2. Provide a healthy play area for children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. Each "WHEREAS" clause set forth herein is ratified and incorporated herein by this reference. Section 2. Commission action. The Commission urges the State Administration and Florida Legislature to support legislation allowing municipalities to prohibit smoking in playground areas. This legislation has been filed as SB 342 and HB 309. Section 3. Authorization of Officials. The City Clerk is directed to distribute this Resolution to Governor Rick Scott, the Speaker of the House, the President of the Senate, the Palm Beach County Legislative Delegation, the Florida League of Cities, the Florida Association of Counties, the Florida City County Management Association, the Palm Beach County Board of County Commissioners, and the Palm Beach County League of Cities. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2014. ATTEST: City Clerk MAYOR 2 RES. NO. 01 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: December 30, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 RESOLUTION NO. 03-14 ITEM BEFORE COMMISSION The item before the Commission is Resolution No. 03 -14 supporting legislation requiring FEMA to complete the National Flood Insurance Program Affordability Study and supporting all legal actions filed by the State regarding same. BACKGROUND The attached Resolution encourages Congress to adopt legislation requiring FEMA to complete the National Flood Insurance Program Affordability Study to establish an affordability framework for the National Flood Insurance Program as was required by the Biggest - Waters Flood Insurance Act of 2012 (BW -12) and supports the State of Florida's participation in the lawsuit entitled, Mississippi Insurance Department v. U.S. Dept. of Homeland Security and FEMA, et al. RECOMMENDATION The City Attorney's office recommends City Commission approval of Resolution No. 03 -14. RESOLUTION NO. 03-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION THAT REQUIRES FEMA TO COMPLETE THE NATIONAL FLOOD INSURANCE PROGRAM AFFORDABILITY STUDY AND SUPPORTING ALL LEGAL ACTIONS FILED BY THE STATE REGARDING SAME; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Congress created the National Flood Insurance Program (NFIP) in 1968 to make affordable flood insurance available to homeowners, renters, and business owners in exchange for using Federal Emergency Management Agency (FEMA) generated and specified Flood Insurance Rate Maps (FIRMS) for floodplain management by a participating community; and WHEREAS, today, businesses and homeowners in 22,000 communities in all states and territories have made plans and investments based on the existence of affordable flood insurance with 5.6 million NFIP policies providing over $1.2 trillion in coverage; and WHEREAS, in July 2012, the Biggert- Waters Flood Insurance Reform Act of 2012 (BW -12) was enacted (PL 112 -141) in order to assure the solvency of the highly indebted NFIP; and WHEREAS, BW -12 requires FEMA to adjust flood insurance premiums to reflect true flood risk and phase out subsidies for properties built before the community adopted its first FIRM; and WHEREAS, BW -12 requires FEMA to complete an affordability study and to establish an affordability framework for the NFIP, which is not yet complete; and WHEREAS, the undersigned City /Town supports Legislation that requires FEMA to complete the NFIP affordability study; and WHEREAS, on November 11, 2013, Florida Governor Rick Scott and Florida Attorney General, Pamela Jo Bondi joined with other states in suing FEMA as a result of FEMA's failure to complete the affordability study; and WHEREAS, Florida accounts for the largest share of NFIP policies, with over 2 million properties insured through the program; and WHEREAS, at least 5,000 properties in Delray Beach, Florida are affected by the BW -12. NOW, THEREFORE, BE IT RESOLVED, the City of Delray Beach supports legislation that requires FEMA to complete the NFIP affordability study and supports all legal action regarding same and further directs the City Manager and City Clerk to file this resolution with appropriate federal and state governmental and other authorities /entities in order to make public the City's declaration as set forth hereinabove. Section 1. The recitals are incorporated as if fully set forth herein. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2014. ATTEST: City Clerk MAYOR 2 RES. NO. 03 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louie Chapman, Jr., City Manager DATE: December 27, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 CONSENT OF ASSIGNMENT OF VALET PARKING LICENSE AGREEMENT/ 270 EAST ATLANTIC DELRAY BEACH, LLC TO TAVERNA OPA ITEM BEFORE COMMISSION The item before the City Commission is to approve the Consent To Assignment of a Valet Parking License Agreement from 270 East Atlantic Delray Beach, LLC. to Taverna Opa. BACKGROUND The valet parking queue on the south side of the 200 block of east Atlantic Avenue is one of the original valet queues continuously operating since the inception of the program in the mid 1990's. The most recent licensee is 270 East Atlantic Delray Beach, LLC., d/b /a 75 Main, which has recently changed ownership to Taverna Opa. Attached for your approval is an executed Consent To Assignment form transferring the parking license agreement to Taverna Opa. It is noted, the assignment of valet parking license agreements are identified in Section 16 of the Valet Parking License Agreements which, in the past, have been administratively approved by the City Manager. Given changes to the licensing agreements, this and future Consent To Assignments will be approved by City Commission. Furthermore, oversight of the agreements is an operational function outside the purview of the Parking Management Advisory Board (PMAB). However, Staff will confer with the PMAB for any procedural or policy changes they may want to recommend to the City Commission. RECOMMENDATION By motion, approve the attached Consent To Assignment transferring the parking license agreement from 270 East Atlantic Delray Beach, LLC. to Taverna Opa. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated July 1, 2012 and originally between the City of Delray Beach and 270 East Atlantic Ave Delray Beach, LLC, d /b /a 75 Main does hereby give consent to the assignment of the above - stated Agreement from 270 East Atlantic Ave Delray Beach, LLC, d /b /a 75 Main to Taverna Opa, which shall assume all terms and conditions of the original Agreement effective January 8, 2014.. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to legal form and Sufficiency: By: City Attorney LIM For: 270 East Atlantic Ave Delray Beach, LLC, (print name and title) STATE OF _ COUNTY OF Cary Glickstein, Mayor The foregoing instrument was acknowledged before me this day of 2014 by , of a corporation, on behalf of the corporation. He /She is personally known to me /or has produced (as identification). Signature of Notary Public Valet Parking License Agreement Consent of Assignment 270 East Atlantic Ave. Delray Beach, LLC to Taverna Opa For: Taverna Opa: By: (print name and title) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 2014 by of a on behalf of the corporation. He /She is personally (as identification). day of corporation, known to me /or has produced Signature of Notary Public M EMORANDUM 1b: Carolanne Kucmerowski, Construction Management Technician CC: Milena. Walinski, Assistant Finance Director Terrill Pyburn, Assistant City Attorney File From: Kimberly Wynn, Executive Assistant /Agenda Coordinatoro Date: 3/9/2010 Re: Consent to Assignment /Cugini Grill to 270 E. Atlantic Avenue Delray Beach. LLC For your records and disbursement, attached please find one (1) copy of the fully executed Consent to Assignment with 270 E. Atlantic Avenue Delray Beach, LLC. This item did not go before Commission. An original contract has been maintained in the Clerk's Department and a copy sent to Terrill Pyburn, Assistant City Attorney and Milena Walinski, Assistant Finance Director. Please call me at 243 -7059 if you have any questions. Thanks KW /kw Attachment CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated April 1, 2008 and originally between the City of Delray Beach and Cugini Grill does hereby give consent to the assignment of the above - stated Agreement from Cugini Grill to Cindy K. Spallone, owner of 270 E. Atlantic Ave, DB LLC, which shall assume all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this a3 day of C)C,4 be F- , 2009. ATTEST: By; � ", City Clerk Approved as to legal form and Sufficiency: By - - 22 eL'Z—�� Opty Attorney 3:1 3I 270 E. Atlantic Ave Delray Beach, LLC Li see By: '-Ilx-2-6 Cindy pailo , Manager STATE OF FLORIDA ) COUNTY OF PALM BEACH } CITY OF DELRAY BEACH, FLORIDA By: . David Harden, City Manager The foregoing instrument was acknowledged before me this 22nd day of October, 2009 by Cindy K. Spallone, manager of 270 E. Atlantic Ave Delray Beach, LLC a Florida limited liability comoration, on �ehalf of the corporation. He /She i personally known to me /or has produced . a( f2S 1eekSt— (as identification). Signature of Notary Public NOTARY PUBLIC -STATE OF FLORIDA Cary Kremy Commission # DD600682 Expires: OCT. 01, 2010 BONDED MU ATL 4%MC BONDING CO., INC. ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE /30/20110 PRODUCER 305 - 666 -2572 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNIVERSALALLUINCECORp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6760 SW 98TH STREET ALTER THE COVERAGE. AFFORDED BY THE POLICIES BELOW. PINECREST, FL 331664221 INSURERS AFFORDING COVERAGE NAICS INSURED INSURER A: CATLIN SPECIALTY INSURANCE COMPANY SUNSHINE STATE PARKING SOLUTIONS LLC INSURER B: FLORIDA RETAIL FEDERATIONS S.I.F. 900 FEDERAL HIGHWAY SUITE 200 DELRAY BEACH, FL 33444 INSURER C: INSURER D: INSURER E: COVERAGES Serial # 100957 THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L�TR NSRL TYPE OF IN POLICY NUMBER DATE MMN SATE A N LIMITS GENERAL LIABILITY EACH OCCURRENCE E PREM TO ENTEISE O $ COMMERCIAL GENERAL LIABILITY MED EXP Any one erson) $ CLAIMS MADE [D OCCUR PERSONAL 6 ADV INJURY S GENERAL AGGREGATE E OWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG S POLICY M PRO- JErT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea e�nn BODILYINJURY S ALL OWNED AUTOS SCHEDULED AUTOS (Per person) SWLY INJURY E HIRED AUTOS NON -OWNED AUTOS (Par Wddaep PROPERTY DAMAGE E (Per acciderM GARAGE LIABILITY 0901300072 09/1012009 09/10/2010 AUTO ONLY -EA ACCIDENT S 1,000,000.00 OTHER THAN EA ACC $ 1,000,000.00 A X ANY AUTO s 2,000,000.00 X GARAGEKEEPERS 300,000.00 AUTO ONLY: AGG EXCESSAIMBRELIA LIABILITY EACH OCCURRENCE $ AGGREGATE E OCCUR FI CLAIMS MADE S S DEDUCTIBLE E RETENTION S WORKER'S COMPENSATION AND 0520- 030063-0000 02101/2010 02/01/2011 X ry r19, PIT: EL EACH ACCIDENT E 100,000.00 B EMPLOYERS'UABILITY ANY PROPRIETOR/PARTNERID(ECUTIVE OFFICER/MEMBEREXCLUDED7 ELDISEASE -EA EMPLOYEE S 100000.00 If yes desedhe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT S 500,000.00 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS INSURED OPERATES A VALET PARKING CONCESSION THE CERTIFICTE HOLDER IS AN ADDITIONAL INSURED ON SUBJECT POLICY PARKING LOCATION: SUN TRUST BANK 302 E ATLANTIC AVE DELRAY BEACH, FL 33483 -4576 (THIS PARKING LOT IS A COVERED LOCATION FOR PARKING VEHICLES FOR CUGINI GRILL) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN THE CITY OF DELRAY BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ITS OFFICERS & EMPLOYESS CITY MANAGERS OFFICE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 100 NW 1ST AVENUE REPRESENTATIVES. DELRAY BEACH FL 33444 AUTHORD:ED REPRESENTATIVE CPPDEVLLC @YAHOO.COM. ACORD 25 (2001108) (9 ACORD CORPORATION 1900 f AMENDMENT NO.1 TO PARKING LICENSE AGREEMENT WITH CUGINI GRILL ON THE AVENUE DATED APRIL 1, 2006 THIS AMENDMENT NO. 1 to the Agreement dated April 1, 2006, is made this /T day of #rA11- , 2008 by and between the CITY OF DELRAY BEACH (the City) and CUGINI GRILL ON THE AVENUE ( "Licensee "). WITNESSETH: WHEREAS, the parties entered into a Parking License Agreement dated April 1, 2006, to provide for the use of six (6) public parking spaces located on the south side of the 200 block of East Atlantic Avenue for valet parking queues; and WHEREAS, the fee has been increased from seventy -five dollars ($75.00) to ninety dollars ($90.00) per month, per space. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein 2. The Agreement dated April 1, 2006, is hereby amended to provide that the fee has been increased from seventy -five dollars ($75.00) to ninety dollars ($90.00) per month, per parking queue space. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Parking License Agreement on the day and year first hereinabove written. ATTEST: CITY LRAY BEACH FLORIDA Clerk Rita Ellis, Mayor Approved as to legal form and sufficiency: 0 ity Attorney 2 WITNESSES: _ or print name) \ or typed) STATE OF &n Rori,44 COUNTY P/ 1J 84f L CUGINI GRILL ON THE AVENUE By: G _nO J ., S +Q-1 *ro ase or print name) Title: 'ere [ ► 1 The foregoing instrument was acknowledged before me this 30th day of 2009, by .Tos-e-Oy? A. 6,41jejd rb who is personally known to me or who has produced arrd o, L4CCA5t as identification. ICKI Signature of Notary Public MWN M< TItSTIN . e NftY PuwL- Swle o- Fjurwe CffMftM Evkft M N i8, 20D9 CWM ftW # DD 404103 ■ uu■ U � 1■�i1 •+I •� ! B• ��5� u N ri m3N k 1114 Q ■ L C7 N Q: .0: Se O •� � � A 3AV d�odd 4 LP Ids. .. e / Mju i a LD ozef 7A v IL • C ., tc / \; �•. •yam,, •1� ••s • �_ -' �7� .'q•'+ "� d a �C �IIf1881/ t At an O[ r` iS �J SAa7 AVZ JS'i'fJ �r CIS -� � —•� k z a W w JQ JV aoo a � t I . 3r �p N t TM PAMNG LEASE AGREMENT (herein referred to its the -Lease*) is "wdendee" arxf made on this day of, by ad between SUNTRUST BANK, A GEORGIA CORPORATION, whose address Is 15 Seat Les Olas Blvd, Suite 550, Fort Lauderdale, FL 33301, hereinafter called "LESSOR ", and JOE GATT ENTERPRISES, INC. DBA CuGINI GRILLE whose address Is 270 East Atlantic Avenue, Delray Beach. FL 33444 hereinafter sailed "LESSEE". oil _, , ,;• Pari ft lot Wood at 3= East AtlantLo Avenue, Delray 9eaah, Fl uM& AN of the North One Hundred Ninety -Nine that of Block W, lyi l East NOW Florida East Coot ROWRY ri�of�l, In the City of Delray Beach, Florida, according to a Plot of the Town of Linton, now Delray Bosch, on Me In #w oMce of the clerk of the Court In and for Palm Bosch County, Florlda, s rscordsd In Plat book 1, Pa" s (see atta 1 ffik AR "A") Subject, however, to all zwAV Ndkwwm. rules and ragutations, Promulgated by any governmental agencies, boards or subdivisions now or heranafber in of ihect. Described Premise is to remain accessible to bank c uskwws acoessing the ATM machine and Night Depository as well as bank employees and building tsnamts working at night or during the weekend. Additionally, employees of all flare In the burg located at 70 SE 0 Avenue, Delray Beach, Florid: as well as those of the fur known as PMK Securities, Inc. shall be treated as though they are bank employees and customers. Lessor and ire customers and invitees may also use the parking lot for any specific events and meetings It may hold at this location during the times and term staffed In this Lem. The teme, conditions, eovenarnts, warren des, reprosemtalioms and agreements of Lessor and Lessee we as follows: 2. Imbs The tarn of lulu kwe dW be for a one year period oannreixhng at 5:00 PM on Oclbolm 1, 2007, and ierminaft at 11:59 Phil on $0001011W 30,2M. The Umse:trail be antitisd to use rho Described Premises as a Parking Lot frorn Monday thru Wednesday ftom 5:00 PM. to 12:00 AM, on Thursday and Friday from 5:00 PM to 2:00 AM, on Saturday *or n 12:00 PM to 2:00 AM and an Sunday from 12:00 PM to 12:00 AM. The hours of use, cernmemcement and termination of this lease shag be governed by the applicable time in effac0 in the time zone where the Premises we keeled. The Times of use not herein granted to Lessee area reserved for the Lessor for the Lessor's use and may be leasW by the Lessor to other parties. The weekend of fire event known as `Tine Delray Affair :hail be exempt frank the terms of this Parking Lease Jgrewnent and the describes! Per Lot shall be unevatledle to the Lessee. Leasor reserve* ftfWfoisnrAwleMisPokkog Lamm ho ICOOK upon thirty (30) clays written nonce to the Looms. Lesdee r>etreires rite MW 1b cancel tinier Pgdit LeiWe Agreement in its entirety, without clause, upon thirty (30) days written notice to the Lessor. 3. REW srar • Lessee may elect to renew thia ParkkV Lease for an additional term of one yaw commencing on the expiration of the then prior Lease Temr, ptaritlsd, ttarwt or, the Loasee OW provide Lessor w yMen notice of any such election to renew at tease ninety (9M days Prior to the expiration of the then oument Lease Tenn. During the Renewal Term aid eaoh subsequent Renewal Term the Sass Rent shell be increased by 3% over the previous yeas Base Rent. The Parties will be bound to the temrs and conditions of this Perking Lease Agreement during any Renewal Period or exlerrsion. (a) Bental:. Lessee agrr3estQ / to LarseOras rar>E #levels mono* rental in the armount of nine hundred fourlaen dollars and 2 cente ($914.02l plus any applicable Sales and/or Use Taxes levied by the Stale of Flonds any other governmental body. Barre Rent is due and payable in advance without notice or demand on the first (1st) day of each month, with the first payment due upon Lessee's execution of this loan, with Me subsequent monthly payments due on the first (1 st) day or each month Voreaftw during the term of this tease. (b) f3eZss sad Ua Tar I �essae herefrtapnees thatduring #atterm anti s lease or any extension or renewal thereat, It sly pay to Lessor concurrsntiy with the payrnernt of the rental payment an additional sum equal to the'sWW and/or ' use` tax and/or similar tax levied by the State of Florida or any other govemmental body by reason of the occupancy of the leased pmmises and the payment of rental ftwa for by the Lewes. & FtEfY} DEFA a ran: Lessee agrees to pay to nmt hreein stated at the times and in the manner akkssatd, and should sold rent at any time remain due and unpaid bra period of ten (10) days after the sane become due, Lessor shell have the option and privllep as follows: (a) To consider the Lessee a tenant at sufferance. (b) To acoslan ste the maturity of the rent insielissnts for the balan©e of the term. This option shall be exercised by an Instrument in writing signed by the Lessor, or its agents, and transmitted to Lessee noWft it of the Intention of Lessor to declare all unmatured rant Instplirnents as presently due and payable. jC) Ta derti�s aSaern�r sneF�ye�blslha e,ettf � fior suaha period of time as may be fixed in Lessees said notice to Lessee. The exercise of this option shall not be construed as a spill ft of a cause of action, nor shall it after or affect the obligations of Lessee to pay rent under the terms of the Lease for the period unaflectsd by ssW notice. (d) In addition to the options harm granted above, Lessor may eaedse any or all other options available to Lessor hereunder which options may be exapplsed concurrontfy of shy with the exercise of the options contained above or pursue any other remedies afforded by law. S. UM Lasseaagreesbteeths described psrltaaeeae a parking lot and fbr no otherpixpose; and further agrees Motto use the drjeC bed preen eae army pertftneisof for any Illegal or tmpn W purposes; and Losses further covenants that the said described premises will not be used for any purpose that will violate any policies of insurance now or hereafter written on the premises in which said premises are located or which will Increase the rate of premium thereof. Lessor and its customers and invitee's may also use the parking lot for any specific events or meetings it may tad at this location during the times and term shed in this lease. r. Lame agrees not to assign this Lease, nor to subbt sold premises, or any part thereof. 8. During Lessee's use of thedescrbsd premises, Lessee shall not pemWt any noise, disturbance or nuisance whatsoever on sold premises detrimental to same or annoying to the Bank or neighbors. 0. ACCePTAM, MLOMS �.. .... .. a been received as is. No representations as to the condition of said described promises have been made by Lessor, or Lessor's agents, and that no obligation as to the repairing. adding to, or Improving said parking area has been asaumad by Lessor except as is otinewise aMms* set forth in this Lease, and that no oral agreements JIM been entered Into In consideration of making this Lease and that the said Lease contains a bill starerrare of the obligatiora of bath parties hereto. 10. ••asrMsuaurx_ _nv, r= Laseorshati, at LessofteAmft maintafrrand keep in good, sound end clean condition and repair during the contirwaliori of the tern twain desc:rfbed, the parking and related areas, and every pert thereof, and wig not suffer or permit any strip or waste of the demised premises and the parking aces. Maintenanoe shall include the pick -up arx! disposition of all trash, and sand, gravel and debris of any nature from the parking lot area. ltfarr Any damages oornrmtited by Lessee or lrsseeb agents shalt be reported Immediately to Lessor, and Lessor stall provide his own venkior to cor ecIfhe dernage(s) at Lessee's expense. f'f. Woalleration, intpnovernentorrenovation shall be made by lasses. 13, ONUMn OTMM nW NON•PAYY! M OF RW -&: if Lasses sW f&N to keep and perform any of the covenants, conditions and agreements herein provided th be perlonnned by Lessor other than the payment of rental hereunder, and if such default on the part of the Lessee shall continue for more than ten (10) days after notice thereof by Lessor, Lessor shad have the right to treat such default as Intentional and material, and thereupon Lessor. by notice In writing transmitted to Lessee, may, at lts option, declare this Lease ended without further force and *effect. In the event of such termksaton, Lessee shad have no claim whatsoever against Lessor by mason of Improvements made upon the premises, vents paid, or from any of er cause. In such event the title and right of possession to ad personal property of Lessee usually situated on the leased premises shall automatically west in Lessor. The provision of this section shad afford to the Lessor a cumulative remedy or remedies, In addition is the remedies afforded by the Lessor hereunder, or by the law when the terms of a lease have been broken by a lessee. 13. AjTORNEES EM AND COST: If either party Is In default under this Lease necessitating the other party to kxxs attorney's fees to ehtra M the berms of this tease, the party deemed to tae at fault in any court action perNkthp to a default under No lease shag be NOW for and pay the prevailing party in such litigation, ig re mumble sticirneft fees and costs bncurrmdbyv the prevOlIft Fatty h*j tg not only those at the trial court level, but all appellate and post judgement proceedings. 1*, hawse assumes AN rthics of any damage to Lessee's property as well as the property of Lessee's patrons, employees, licensees, and others using the premises in connection with this Lease. 1S. If Lessee star occupy said promises with or without the consent of Lessor after the expiator of this Lease, and the nerd is sxepied ftm lessee, such occupancy and payment shall be construed as an extension of this Lease harthe term of one month only from the date of such exp`ation. and oaxupation thereafter shag operate to oxtand the Loose from month to month only unless other terms are set forth In writing and signed by the parties to this Lease. 1a. §fitjjjM=; In the event a patfi n in boniuuptcy or for an afrangernerd wlth the creditors, or any other petition for the relief of debtors underthe Acts cfCarhgrees trQhOV b bankmocy be tiled by Lessee in any court of competent jurisdiction, or In the event Lessee shall make an aoWgnment for the benerit of creditors, or apply her the appointment of a receiver, trustee, custodian, or other conservator for Its assets, this Lesse shag thereby be automatically terminated. without Lessor being required to take any action whatsoever. Should an kwoluntary petition in bankruptcy. or a petition fiar other relief under the Ads of Congress relating to bankruptcy be fled against Lessee, or should Lessee suffer the appointment of a receiver, trustee, or other custodian or conservator of its assets. and if such petition or appointment be not dismissed and ctsdaWs by Lessee within ton (10) days bw the teeroof, this Lease shelf then stand lorminaledwitinut1urthereloporection bsirV tsiaen by Loror. and In arch rmttlts lose shag bsUrmir►sird and Lessor shell be" the right to ImrnedW* *rifer upon and fake go on ofihe ddrni*ed preYrifsees. Tie- provisions of this paragraph shell be controlling In the Instance herein described and provided, nor WAfttanding any provisions elsewhere contained in this Lme which provide for notice by Lessor and allowing time for curing defaults by Lessee. 17. W2 jMtK ICAzft Lasses shag kwon* sW Manus hanrrhlsts Lessor tram ad damages and claims, sins, actions, damages and causes of soda - i arising dun ft 9* tern ofd* Lease, for any personal Injury, loss of rrla and damage to property sustained in or about the demised promises. or the appurtenances thereon, and from and against all reasonable costs, counsel !fees, m ponces and Nobilitles incurred In and about any such claim, the investigation thereof, or the defense of onyac fen or proceeding. brought thereon, and from and against any orders, judgments and decrees, which may be enber9ed therein. 11L 2OI2i1it>ei gf MOM ,.,uU t.EASE jjG jMW QN• Excspi for addrftm. 2-.!-. otions, renovations or irrhpravements allowed In ternoln by Loom as provided tt w elsewhere in this Loose, sit the expiation of this term, Lessee shalt quietly and pesceabty deliver the premises to Lessor in to same repair and mWitlan In which they wore received. ordinary wear and bear and damage by the elements eexcepted. 10. RIMM OF PEACEAKE EOMMOM &abject to eights given Lessor herein, Leaser hereby covenants with Lessee that. on the performance by Lessee of all of the conditions herein set forth on the part of Lessee to be kept and pectonn®d, Lessee may quietly, have, holm, occupy and use the above described pivnis" without Interruption by Lessor- 20. lf§UBAM: Lessee agreas b pr+a cure and carry Worker's Compensation for his employees (if required by Law), Public LIa6ft insurance Of a minimum coverage of $2,0OO,ODO.00. together with Property Damage coverage it the amount of $1,000,000.00 with a company - mi- f Oxy to Lessor, to protect against any injuries or damages sustained by persona while on said described premises and for which Lessor or Lessee may be liable, and bo have the policy and ceffkafts detiverhtd to LeSsor prior to this beginning of the berm of the Lease. Lessee agrees to have Lessor listed as an additional Insured on all required insurance policies herein. AdditiorhaHy, sit required insurance policies shy contain lathghmge that the insurance policy may not be canceled without thirty- (30) days written notice to I essor. 21. H91M: Any notices under this Lem shell be given in writing by mailing the same by certlNed mail, return recelpt requested, first clisto N postage prepaid. from a post office station or tether box in the con**nW United States, to Lessor or Lessee, as the case may be, and at the addeaes bxl.cated heroin or to such address as either party may from time to time OW by nice in writing. Except as her6iin o terwhise provided, any such notice shal'be deemed b be given or delivmW at the throe of moiling. The failure by either party to give proper and timing notice to the other parting shall pmdude either party *om all rights to which the notice relates. Sunuuw 11111an L t±iO"00010 Real t Aura: beat Estd Beier FOft (L.audNdae, IFL one. "4-7M7M PAX: 964 - 76&7343 9unTnuatTenanthsca ---- iieoigWlofide P.O. B= 79/li$ Sall nume, iMar *nd 212794M Joe Gait Entarprises, bw DRAe CUOW W"= Aare Delray Beach, FL 33444 Phorse: 661.274.83,44 FAX: 564274.8188 n. Twoupam Time WO be of the essence as to all periods and time refarred to in this Loose and all spell provisions pert kft heebo. M any. 23. ms's The i agrees tl`tet in the emitwOme or assessments are ievied by the Occupational safety and Hamm Review Commissim by virtue of the Lessei's Improper we of the promises, the Lessee shah pay the fines and assessments Levied agek* ft LOBWWOM the time prescribed under the fine and assessment notice. In the event the Lessor is roqukW to defend Itself w!Wn the scope of the Occupational Safety and Health Review Commission procedure, Lessee shall pay Lessor's lase and costs. 2L : The falure of Lessor In firs or moral I dances b insist upon strict perfofrxreroe or observation of one or more of the covenants or conditions thereof or to OXWOise any remedy, priviage. or option heroin conferred upon or reserved bo Lessor, shall not operate or be construed as a relinquishment or waiver for the future of such covenants or conditions or of the right to onforoe the sane or too exercise such privilege, option or remedy, but the asms shall continue in full force and effect. The reoW by Lessor of rant, or additional rant or of any other payment required to be made by Losses, or any parttheneof. shelf not be a waiver of any other additional rent or payment then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition hereof, operate as or be deemed to be a waiver of such breach, and In ale events no waiver by Lessor of any of the provisions hereof or any crf the Lessor's tights, remedies, privileges or options hereunder shalt be deemed to have been made unless in writing, signed by Lessor and delivered to Lessee. Lessee covenants that no surrender cr abandonment of the demised premises or of tine remainder of tine term herein shall be vaitd unless accepted by Lessor In writing. 29. file TDOMAI t: In the eventthe MOM promlo sshdlbewholly or partially taken by the upon of the power of eminent domain, the compense*m awarded or agreed to be paid by the corndermO ng authofity shalt be paid to lessor, without any right of Lessee to any portion thereof. In addition to other rights herein granted, either party may terminate the lease at the time of entry of an order of taking M or part of the property In eminent domain proceedings. X 69M Notwil�rndlr� hrsrainaonhF«ned, Lessee shell nk be corhhderretf the aunt of Lessor: Further, Lessee and WVMft VW* is acting for itself, as principal, only and not as agent for any other party. V. sums Losses shag not attach, War or paint any signs to or upon the premises without the written consent of the Lessor. Lessor, however, reserves the right to attach, leper or paint any sign to or upon the demised premises as Lessor sees fnt. M fjjMj@jH&H= t.eesoe oo�venanttattet 9wi� permit, commit or suffer th be permitted or cornmitted, any ben, urge or encumbrance wh atooever upon the above desabed premises during the term of this Lease. Lessee tlrrther expressly agrees got Itwill not pbdge this Lem nor place the same as collateral security for any debts or obligation of any kind or nature during the term a this Lease. 29. APPLICJi" LAM, yENt;IE. AND LEASE KMBMUAMM Intheewflis rrec:eseary bo interpret the berms of this Lease In a court of law or equity, the taws of the State of Florida, statutory and case law, shall be applied: and the venue of any such proceedings shag be Potts County, Florida. The headings used throughout this instrument are forconvenience only and have no sigrihmnce In the knterprobtlor of the body of this instrument, and they should be disregarded in construing the provisions of this instrument 30. The terrne "Lessor" and "Lessee" as herein contained shall Include the singular and the plural, and the use of one gender shad Include all genders wherever the context so requires or admits. 31. MXXW13QMMMfi2MM The Lease shag be binding on the parties and OW axcoosorna and asiig w 9 Ow. 32. �Qj ,BE�C�QRMiM,g OF LEAS[: This hose shall not be recorded, and any recordation thereof by Lessee shall automatically terminate the loose without notice. 33. MM ff] M C. MT TQ M13KMw T9 !LEAS €: NOMI arrrinantboraiieroarr F l b Oft Lease shall be valid or effeedve unless evidenced by an Instrument in writing signed by Lessor and Lessee and delivered to one another; and this provision of the lease cannot be waived except by an Instrument in *TMM signed by Lessor and Lessee and debated to one another. Rent of the page Intentionally left bhnk IN WITNESS WHEREOF, the parties heroilo have caLsW these preeeras to be exearbed as of the day and rear firm above w Men. Signed, sealed mW delivered AS LESSOR; in the presence of SUNTR VAANV, a G"ia CorpomW: cf�Q� Q.0 + ninon r JoNORs P'r+a kMW PrMt yy N Re Estate Asset Watager ltA r^ . Print witness Name fined, "alml and d*mvd In the presence ot: AS LESSEE: JOE GATT ENTERPRISES, INC. UBA. CUGINI GRILLE By. Printed N Its: *rC4 %-�,.' a AA In State of Fbride County of Broward i HEREBY CERTIFY that on this day, before me, an officer duly autxxtzed In the State Wbnmg and in the County aforesaid to We acknowledgments, personally appeared Ukh&W J. Batt as SVPMOM Eatats Asset Manager of SunYnust Bank, a Gwmla CorpomtIon, who executed this b"unnent ee his free act and deed as such officer for the uses and purposes therein mntaned and that he affixed the official Beal of the corporation thereto, and that the histrument is the ad and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ 3_�. _ day of AUAkOtf ' . A.D., 2t1 YIOU rte commam 00350" Emirs 09NOW 27.2M 10 z-) 1-k°°9 W Commisslon Expires: State of -f L Af County of k�- =S--3 ��94 Notary Pub l State of Fbrkb at large 1/101 Yee Print Marne of Acknowledger I HEREBY CERTIFY that on this day, before me, an after d* au *mod in to State as who executed this thstrumentss his free act and deed as such oMwr for the uses and purposes therein mereiornad and that he of ed the oftIcW meal of t e ccrponation them a, and that the Instrument is the ad and deed of said corporation. WITNESS my hand end official seel In the County and State ImW a foresaid this f day of . ++w A.D., 200* +< way PUbAa BYi� comw" BYM d Flp�lCyr ail 3!, 2�OfD 1 [ITUDF DELRAY BENCH CITY ATTORNEY'S OFFICE DELRAY BEACH F L O■ 1 A DATE: 1993 2001 TO: FROM May 27, 2008 N11 1,1 11F I'I •1)4'1 12 11 131 1 {'f1.3t.fW11)1 RECEl Writer's Direct Line: (561) 243-7 MAY 7 7 2008 MEMORANDUM CITY CLERK Lanelda Gaskins, Agenda Coordinator /Administrative Assistant Terrill Pyburn, Assistant City Attorney SUBJECT: Amendment No. 1 to Parking License Agreement with Cugini Grill on the Avenue Dated Apol 1, 2006 Attached please find one (1) fully executed original of the above - referenced Amendment No. 1 which has been approved by our office for form and legal sufficiency. TCP:smk <V Attachment 10/19/2009 10:52 FAX 954 525 2650 JOSEPH R. CASACCI, PA IMB02 pAMNG LIC ENSE A.GREENZNT THIS AGREEMENT ("The Agreement ") is made ibis'lst day of April, 2006, by and between die CITY OR IDEi.RAY BEACH, a Florida Municipal Corporation (the "CITY "), and CUGIN•I GRILL ON THE AVENUE, a Florida corporation ( "LICENSED "). WITNESSETH: 'VtrHMEAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars (510.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable considr.mtion, site receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: I. Incorporation of Recitals. The parties hereby represent and warrant lliat the above rentals are aceuiate and correct and hereby incorporate them in this Agreement_ 2. hrkitt.e Oueues. The CITY agrees to allow LICENSEE the non - exclusive use of 6 (six) parking spaces located on the South Side of the Two Hundred Block of East Atlantic Avenue for valet parking grzeues. The parking spaces are to be used for valet parking queues daily between the hours of 5•:00 p.m. to 2:00 a.m. Sunday, through Saturday, seven (7) days per week. LICENSEE acknowledges that die valet parking queues may be unavailable !'or use during certain special events from time to time (as, determined. in the CIT'Y's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location ntay from time to time be re- located by the CITY in its sole discretiov after providing thirty (30) days' written notice to LICENSIEIE. 1110 LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEZIS business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shad enforce the provisions of this agreement, including the location; time, days of the valet service, parking limitations and requirements, and compliance with all applicable lases and orduaanees. When 10/ .18/2009 13:52 FAg 954 525 2850 JOSEPH R. CASACCI. PA a003 required by law, the dMfaroement shall be accomplished through personnel authorized by law to enforce the law. 3. Parkiiaz Locations /Agreements. LICENSEE agrees that LICENSEE, will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lots) must also comply with minimum City codes for a parking lot(s). LICIv+NSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is -operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any 41L-yway, public %treat or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein► or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. tal.ment for Parking Queue Spaces-- LICENSEE ao ees to pay the CI'T'Y Seventy Five dollars ($75.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the quetles, the Fee will be shared proportionately. 5. Si n;t e. The CITY agrees to post the valet parking queue spaces luitlt valet parking tames and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertisiug signs will be allowed as prescribed by the City's Manager or his designee. ti. Valet Service; Valet Eauiltneut. The LICENS,E)V8 operator may far the storage of keys install a moveable, temporary, valet desk on the sidewalk:, either public or private, during the hours of valet service -so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shaI1 be for one year from the date written above, The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICIGNS +E desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the hest interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limiter) to, the requirement to use an off -duty police officer during the tune and dates the City Manager deems advisable. 2 10/.].9/2009 13:59 PAZ 954 525 2850 JOSEPH R. CASACCI, PA 9 004 S. Revoedble LkenSe. This Agreement is only a non - exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the; initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENS B + . The revocation shall b-e effxctive when mailed. 9. CoMpRince with _Law LICENSEE and his/her employees , agents, representatives and/or subcoptractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. LICENSEE further ackao- Medges that due to the high traffic in dais area, double parking unattended Vehicles will not be peruutfed. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent � to the following addressos: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Mr. Joe Gattelaro c/o Cugini Grill an the Avenue 270 East Atlantic Avenue Delray Beach, FL. 33444 11. Insurance, LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and tinder the conditions presented in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), )•eceipt of which is hereby acknowledged, LICENSEE shall: protect, defend, indemnify and hold Harmless the CITY from and against any acid all claims, suits, actions, damages and/or causes of action arising ,during the Term of this Lem for any personal injury, loss of life and/or damage to property sustained in or about the parking spacesiqueues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, fts agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, md/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made aparty to umy litigation commenced against LICENSEE or by LICENSEE 3 10/19/2009 13:50 VAX.954 525 2850 JOSEPH R. CASACCL PA Qoo$ against any third.party, then the LICENSEE shall protect, defend, indemnify and hold die CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties_ Nothing in this Agreement, whetber express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and pen »Otted assigns, nor 'is anything in- this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person -any right of subrogation ar action over or against any party to this Agreement. 14. Penalties far Viol'ations/Teriminntior. PenaitiAs will be imposed upon the LICENSEE for.. (1) Valet parking of cars in either on- street or off street public parking spaces; ancllor (2) Vale/ parking of cars in the designated parlangqueues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will, be sent to the LICENSEE with a copy to the City Manager. Failtere to make payment within thirty (30) days of receipt of the notice will result in temination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing• that the CITY may terminate this non - exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy /procedure for use of public parking Spaces /queues which shall change from time to fine subject to the sole discretion of the City. 4 iDV19/2009 19:53 PAZ 954 525 2850 JOSEPH R. CASACCI, PA [A Owl 15. Taxes.` LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales times that may be imposed. 16. A;ssigmnetjt This Agreement shall not be transferred or assigned without the express written consent of tile CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parses shall from time to tirne execute and deliver such other and further instru ments and documents aid do all matters and things which may be convenient or neeessury to more effectively and completely carry out rise dent of this Agreement. 18. Rindigg Effect. All of the teams and provisions of this Agreement shill be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire AEreement This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. Abl prior understandings and agreements between the parties with respect to suclr matters are merged into this Agreement, which alone fully and Eomplardy expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, ex-cop t by a further agreement in writing duly executed by each of the piat5es hereto, IN WITNESS WAER)COF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2006. TRX CKTY OFDELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk Approved as to romm: City Attorney 5 BY Jeff Perlman, Mayor 10419/2009 13:59 FAg 954 525 2850 JOSEPH R. CASAM . PA 11008 )EMIT A INSURANCE REQUIREMENTS FO"I I. Workers` Compensstion per [he Statutory limits of tile State of Florida to include ]employer's Liability Insurance with limits of at least 5100,000/5500,0001S100,000, 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever lbcatcd resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for prennisesloperations including auto liability, independent contractors, broad farm contractual liability, products /completed operations. 3. Garage I cepers Insurance with limits of no less than &60,000 per auto, with an annual aggregate of 5500,000. 4. Atittiotnobile Liability of at least 5300,000 combined single I-imits per occurrence For owned/non- owned/hired automobiles connected With the business. 5. The City of betray Leach and PRIVATE LOT OWNERS must be named as additional insured an the habili•ty policies; and it must be stated an the carti 6cate. 6_ Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VM or better, latest edition. 7 I ?e: Terrill Pyburn, Assistant City Attorney To: Fxow Kimberly Wynn, Executive Assistant/Agenda Coordinator Date: 3&2040 04110 Re: Consent to Assignment /Cugini Grill /270 E. Atlantic Avenue Delray Beach LLC. Attached please find two (2) partially executed original Consent to Assignments from Cugini Grill to 270 E. Atlantic Avenue Delray Beach LLC., as of October 23, 2009. This item did not go before the Commission. Please approve the agreements for legal sufficiency and return to the Clerk's office for further processing. Call me at 243 -7059 if you have any questions. Thank you. KW /kw Attachment CITY.C.I..ER'N RECEIVED MAR -° 4 20'0 CITY CLERK RECEIVED MAR Q 3 201-0 CITY ATTORNEY /�p►�l 3, Zo r Z �C �►�� Mayor McDuffie stated the issue with the Annual Citizen's Roundtable is dramatically diminishing participation. The City Manager stated staff will work on this. 9.G. REVISED VALET PARKING LICENSE AGREEMENTS: Consider approval modifications contained in the proposed Valet Parking License Agreements. Scott Aronson, Parking Management Specialist, stated at the March 15, 2012 Workshop meeting staff discussed changes to the Valet Agreement that were proposed from direction of the December 6, 2011 City Commission meeting. Mr. Aronson stated at that meeting it was determined that the restaurant owners and stakeholders made some valid arguments to the validity and the success of the program that the City was administering at the time as opposed to the options that were provided in lieu of that program. Mr. Aronson stated those have been incorporated into the new agreement; all signage must include "Open to the Public "; the agreement terms were recommended to be extended (3 -5 years) and the City selected a three -year term. He stated staff has also proposed 3% annual increases and noted fees have remained unchanged for several years and staff recommends a 5% on the initial agreement and then those 3% increases to come in the subsequent renewal years. Also, Mr. Aronson stated addressing the uniforms that they be displayed permanently with the valet on the rear or the front of shirt. Mr. Aronson stated there was a disparity between east of the Intracoastal fees per space per month $125 and west of the Intracoastal is $100. He stated there was a comment that those fees should be equal. Mr. Aronson stated then the discussions from the Commission turned to keeping increases moderate so that we do not end up with a situation where they have increased parking valet fees in order to make a successful project. He stated he did not incorporate the $25 increase to the queues west of the Intracoastal and asked for clarification on this. Mr. Aronson stated the Parking Management Advisory Board reviewed these modifications in between those two times there were a couple of ideas that were thought of that were not available at the Commission Workshop: (A) valet services must be provided throughout the year to assure service is consistently available to customers of area. He stated in the past restaurateurs have opted not to provide the service; they pay the fee so that they can maintain the queue but they do not put the valets out and three spaces usually went back into the parking pool. Staff feels that being that it is now a service for neighboring businesses including validation programs to. be available that they be required to provide that service 12 months out of the year; (B) queues should be staffed by a minimum of two (2) employees, with one stationed at the valet queue at all times, to assure the smooth flow of traffic in the queue and to prevent illegal parking in the queue which may result in a citation being issued and/or vehicle being towed, and (C) parking lot(s) required for the storage of vehicles must be in the name of the licensee to assure continued compliance with the agreement if a change in valet operators is needed. Mr. Aronson stated the Parking Management Advisory Board (PMAB) reviewed these recommendations as well. The Board did not recommend approval of the 39 04/03/12 following recommendations: (1) valet company name and/or logo on the front of shirt, (2) the proposed 5% increase failed to pass in a 3 -3 vote (Marincola and Gergen rescued themselves from this financial aspect of the Board's action), and (3) did not agree with the 2- person minimum staffing level. Mrs. Gray stated with regard to the valet queues west of the Intracoastal should be the same price as east Atlantic Avenue ($125). Mr. Aronson stated the difference between the two is that the valets east of the Intracoastal work in the daytime from 11:00 a.m. to 10:00 p.m. He stated there is no difference in those fees but east of the Intracoastal is metered area so there was some difference in price to make up for that difference in revenue that the City was not seeing from metering at that valet queue between 11:00 a.m. and 5:00 p.m. The City Manager stated the valet parking queues west of the Intracoastal start after 5:00 p.m. and the ones east of the Intracoastal have an additional six hours of service. Mr. Carney commented about the recommendations that the PMAB did not recommend. Mr. Aronson staff recommends that the shirts be light in color because the valets are working in the right -of -way at night and the Board agreed with that as well. Mr. Carney stated he supports the recommendation. Mr. Jacquet stated he read the license agreement and thought it was pretty well written. Mr. Jacquet stated the only question he has is #16 the penalties for violationshermanation and asked if there is any specific time period and is it four within the term of the agreement. Mr. Aronson stated it is within the licensing year so it is from its date of origin to its expiration. The City Attorney stated we need to clarify this to make it on an annual basis. Mr. Frankel stated he attended the PMAB meeting on March 27, 2012 and agrees with staff and wants to keep the valet fees within that $5 -$10 range. The City Attorney stated pursuant to our local rules the Commission will need to make a motion to extend the meeting otherwise it will end now. Mr. Carney moved to approve the revised Valet Parking License Agreement, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie —Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve to extend the City Commission meeting beyond 11:00 p.m., seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 40 04/03/12 APRIL 3.2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 3, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel requested that Item 8.E., Service Authorization No. 07- 17.2/Mathews Consulting, Inc./Reclaimed Water Expansion — Area 12A of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 20, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 04/03/12 PA R iL' 'G L•It✓ EN ." A,Q Ll4.ii` ffe r1Sie 2'aMemaj is made 16is, — LAY — .1L Tul icy, by and botween the CITY OF LR+.ad.._cri r, k-C Y �] a Florida Municipal Corpc>remn ;thy ',CT M,rndZ70 East AU utic;vve lfzirnv T =.&,,3 LLC dlbdu 75 lVlfdn Tteiray a Florida ecqmmdou (*3j mTti<r). Vy TiI_L4.S 1T?'.x.E: R-VY3 U-%L C.ZDUU,E bas roc steclpenniasiontouse a certainnumber of public pares spaces along Atlantic. Av muse and rerWa side strxW for vaunt parking queues; ad WIMRK S,'in order to use the parking spa: ., the C3T7 squires thin LIM "SU enter into this nonexclusive License Agre:,rz mt. N0W TJJEM't = %considmdon of the sums of Tani Dollnts ($10.00), tha mutaa$I covenants aced- oandirlons coroWood. in this Agr+cement, and other good andvaluable c onsidewhon, the receipt and suffcienc7 of which are hereby acTmmledged, the parties Iwmby agree W follows: 1. f cgfg rat�aob Ct Recitatg.:i'ha parties hereby represent and- ,Want that the above recitals an, accurate and ronect aDdhereoy incorpmur«te them in this Agreenma. 2, i'a a, tInv as. Tb* =Y agrees to allow Ll 3= the noneatoiudve use of six (5 ), parldng spaces bmte+d on the South Si('.o of the Two Hundred dock of Bast Ad antic for valet hurling queues Tine parking spwA3 air to W used far valet parking queues daily betwma the hauts of 5:00 p.= to 2 :00 a.m, seven, M. drys per week. T. MNSET ack wmedges that the valet par*ing queues nssay be unavailable for use daing cortair special evo nts from time to time (as d-tera ined In the C ITI"s solo discrntioal and during the special events, the license will *tat b6 valid. With the emption of the aforementioned unavallabilky, 7� �� ` �n? * ncic„the valet gueuo mm# 'M.-rMp hW the, I � Wg! the of jlLf- an. it is also, undcrmW by the tomb, of fiat Afire mum the valet slam !nation may fr.,)m time to Umo be Moc:ited by the CVY it its sole disoretion aft providing tllirL (30),days' written notice to :lUCMTWu. Tjo1,1ENM and or that Valet shall not restrict the I'm of t!ho Valet Queues to only p yns using the: l.. OWSEW3 business, but. fire valet queue awl]. bo opasn to anyone wannfmg to use the inlet ervice of ;d by LIC:._EMER All valet stands and signagr must display TI TO `nffi PUBLIC" in lededog nor less than 3" in hzaigkt *n valet stands a n d r m height an all ether signago, Ali lettering will be of similar color and font as associated skwge and as approved by the C;i(y. The City ;viaanager or his darl ;sigfice(s), shall c nforce the provisians of this . agreer eAt, includio& the location, brie, days oaf the valet service, padtiag Urnitatiom and "i warn s, and een- aphanee with all applicable laws I end crof nwwo& Y&en xoqu2reo by law the, enfmmUeat sh" be wxOMprjShe4 through Vesonnel 2WJIOrIZCd 1W IM to OnfOXa I& Jaw. 3., that -aCENS IM, ano/or IU employees will not park any cars in C= o o---shwt or eff-street Wldng spaces. LICENSRv, Ruthp-r agrees the rAcluafm W.Ui -P.'oVwfLc CrI7 ',,'Bh walmd W-Ifta assurances and/or a lean :sPvelnea* L%Aa one Q1 12 12 01MM—ft.". ........ ----- must also oompiy with minimmix aty codes for 4, Pail 9 IWZ5. UCENSER shail alsopf", tbo MTV with a QOPY Of it current Vale, awwrieub, and a copjaf its cur=t Wumee C'M-tiffioft as set fbcth In BxWbi-. Mnr VI a ersee the u to a h'-, et service is Q-M gwLtb in 9L VAII -nqt IgM EM QC w wigid ACM4 -it nailk UAj n, effe assizances and 4gmements must br, p,ovkled upon exewdoxtof ti is License Agreement when there Is ft dianp in any agmmetit refted to herein or upon the request of the Ffalum to Oomply, with these conditions WE be a basis *r termination of this Limnse Agreaneni. 4- Payw"t fr1' rk Lg_Qgaug Zia, M, i f cMt "SM"C' to pay the C MI 0 by the 10th of each month. A left The of 5're wUl be oh uW Lftr this dab. If mttv dwn one License Agreement is isowd for the queum, the fee will'be shared propordomtely. 5. Perkrft bedLA:t no time shall Mdat paddn low exceed km dojha,($1%00). Art extended stay fee in the amount o.',' $5.00 may be assessed toveldr.12S parked in omss of Aw (4) hms,. west of the ldracoastrI waterway and in awess of M (2) hours east of intmcoasW waterway. Valet pdcos must be Prominently d*ayfid on valet stand and Wage. Egended stay Sm are azolutied %r. -validation discounts. 6 YBM&tlU -Prog:Mu 'Valets shah provkle validation pwM= with =jAb,,.g bu AIAOW In one of of camh1waon of the felk2Mng- 4) LOWMAN 0I.Agm, A uAghboring buslaess conirk- ts the use -a pjL-Jdng RPWA% in reasonable proximity of the Takt t Mw' for use by the 7slet. Insutmnea amts fnr the spaces provided dWI be the responsibility of the entity ponvidipS =me, b) MU WLIALTfO4 5 LVP,: Neighboring bu s fm a L- s C W xgw a z Dward s fhe total ex?se Of the City Ownedvalet quout spade andpdvato parking lot(s), rogisteredwiththo City inawot"Imm with the 1100m agmemeM lumhartge for validatiovLof customer's v&cIes-Ingocase shall a coatibution exceed the cost of cqwd expense among all parties oontributing to the queue (i.e.Licewe holder plus ono neighboring business equals a 2 contribution no greater tbaxr5 M License holder plus tm nLighboring busisresses, eovteibuticsa equals no greater that Ma Couge tn.License holder sldil cfe the sale of wupona to neighbor -Aff businesses Wishing to pfVV d& validated parking to oastommers. '�. _,a. The CITE' agrees to pust the valet parkng queue spas Wflh valet puking braes and days auffiaiized. Sae Mon bQard sl r -nazi" "1 be used to advertise the valet service. Advertising signs will be aWwed as presuritsec3 by the Cip/a Manager or his des4m. 1. p r ci�a., - k�fjL►.. All cisplayed Tmicircg moat be no tbW time �chas P in haight It the same f zx color and consistency of asscciared lettering 9, yaigt S wyke j YIIA t FkLi 1 in ant. "1te I'I CEBT SEA'S op for my for the storage off s install a moveable, to nVarary, valet desk on the sidawalk, elther public or private, during the hours of valet service sD,Iong as the desk does asst irr►pede the pedestrian flow. All jAifcrms of t. o i 0 . t dw9a =4=1. M, ass ft ,kwk, ha no lc;ss_ tl�r+_ h ock letta m,, and e 7 on the f=L Ioii+.iWC 1 r$i ,R. Cornnorate lr� +tug rs rmift i� MM j1au d Irrrves I attt; li'a ,gl s�. i1afte, AIM& 9, Veers and Renewal RE 9* „ '�* , -1 f4S.t q.Y The use of an off-duty police offmor mula Louir d as detrctnin�y the Ci + +Qec, Accounts in arrum or unable to pmvido valid lowe(s) and insurance at the time of renewal may bo suspended without further notice, until required paycmatt or WD;mP*= is received. 10. Rey ocnble Lkwse. This Agrearnenr Is orgy a nonexclusive Ur-ense Agreement and may be revoked by *a CI.'p'Y at any time with or without cause during the initial terra or any renewals thereof uponproviding written notice vier U.8. W I to f.,l MNSM The mocation shall be cffactive when sns*d. LICEZ`:SM may cancel the agrerirent by providing wrdtftn Mica of cancellation no leas than 30 days prior to eur eolsadon. 11. ConplraW h its. 1Z W 1S21% aSMW to comply and adhere to aC- state laws and local ordinances re6av&j parking thdt adst ur as amrmded kom time to time LICENSM further acktwwledges that due to 6=1 high tr ITIic in this ,a ►-+ea, double parldog unattended vehicles will not be pennit:ed. 111i) AlLA Cam"j Mt?=iLina., acknowledges that handicapped pOkIng spaces, in.leased pa&ing lots, are sub�lvt* tc stattftry regulakon aftd. taay only bw: ast4 for the p &lag of vehicles Wirth valid AD 4 rcmpliant 'iirense piate or hanging placard issued by any stage., Dirtot access must be provided for vehicles unzble to. be operated by valet attendants, or cuskmw needing a safe area to unload passengers with dbabilities. Regular valet pang fees :apply. 3 12. Nefice. Notices MgUired to be jro ed puru�wxt tuft Agreement "., I be sent to the Mowing addresses- TO CUT I. D3rvld T.I dwa, (qty 2vsanager LOG N, lt-: l I Menuo D&SY Beall, Florida 33404 13. 1 n e.:CH't i 4 M mess to provide the C17 f t insurance for the valet s"ce in the amounts and under the conditions prescribed in ambit A which shall at alt times reaaak current. The C"sty of D8118y Bed shat be named an additional hma -ed. 14- bLmaL r &,a. in ronsidsration of the payment of TMI)O lan ($10.00 , receipt of whidi is hereby acknowled$er?, IaG. �Yau.�, Shall prot;ct, defend, In mudfy and hold harmless tlae ("1TV fto R Md.agaiust any and all claims, suits, wtions, damages and/or owing of action arising during the Tenn of this %ease for any perso;aal injury loss a life and/or damage to property sustained is or abmA the parking space0gwwas by reason or as a .result of the use and occupancy of Om parking speoes/quouos by :uiC�`i�'ByL+, ies agwrts. amployees, limmsees, invitees, and members of the Public generally, anti f<om dad against mW .or3eis, Mgmeaft., and/or door= which may be enterecitimum and from and againa all costs, attoingy ice, aq)ensea and liabilities incurred in and about the defuse of any such claim..Ta the event the 'Cl:'Ty shall be made a ,pk rty #a BVT Hdgaf4on comarenced agaIw t JAM -SmE or by 1, 1; againaC any third par±y, theca the acrm zz shall protoL defunct, indemnify andhold tae CITY haanlem and pay n1J costs and attorna)'v fees inau}ted by the tMuy in 6onneotion with such 1%dgation, and any appeals thoreo intended to coa hr any rim o_ reraeEfes under or bY reason of ibis Agroameut upon anW person rather than tbC parties hereto and thok Mpeodvo huir% successors, legal i [7r 8912tfatl ►e5, and permittw assigm, Wr is agpti>q-,g in this Agreement irknded to relieve Gr discharge the obligation of Imbillty of any third pmow to any party to this Aguemem, nor snail any WOvisaon thereof give any third,pa^saal any right of subrogation or ntm over or against any l ty i to thisAg eoment. 4 16. reraltle _ tat a 6ns_T. em-Fri . Pvwlties will 6 imposed upon the MR -Mi 3 2. for: (1) Valet narking of cars in either on -street or off-end public parkicg spwes; and/or Valet ttiartcing ofcars in tha designated. lmkng queues; and/or (3) Expanding the drAlignaed pwx ing qu' s arm;. T ol)e,- ity sehedala for fire above violations is as followm letviolation — warning 2nd violation - $200 3rd violation $500 4th -Aolaiion TwWration of i icerm Asmemat Notices of violation wM be written by a police Npartmeut ropreseniarve and will be sent to fire I,ICLWM with a copy to the CV. iYlanager, palture to ticab paymeat within thirty, (30) days of receipt of the notice will result. in torminatiun of the agreement. „j ba ewmrulation of viuir1w R4 LMW tp eagh contxaaot gyd anr� alb $tlnµzk �' ftisrm� n LI(XNS -ME sclnawledg�as, howowr, notw;tbstanding the foregoing t the i`'xTY may twMinate this 1wrr tclusive Liceose A.g; earnent without cause or for cause. UMIS + E mill -at all times coldly with the City'p policy/`pmeedure for use of pdalic pa,:king spMMItineues which shalt chaW £tuna time to ftc subkot to the sole diandon of the City. 17. IRm TACRINTM shall pay and comply with all laws regarding taxes, ;nviss, assawngnts, des and clues, including, cut not limited to gross receipts,_ texas, use tarns, property taxes, and sales taxes that may be imposed. 1 & As IgLtmeni. This Agteen at AWI not be Wwafarred or assigned without tho wgxess written consent of ttatr iri.:9�Y, which the CITY may withhold gcaarts in its sole discretion. 19, g&ar AM III. The parties shall learn time to time executo aid deliver such other and further moots and domments and Jo all =ters ind things which may be convenient or necessary to more efftaftely and compl .wly owy out the intent of this Agreement. 20. Bindln Effect. Ail of the t=a and proWsions of this Agreement shall be binding aeon, cum to the benefft of and be enforreeabie i y, the parties hareto and their mpoctive, heirs, s=cessm.., legal npreszontatives, and peraitted assign& 21, i pdre.A : f.'Mis A,gmement shall constitute the oath agreemem of the pat# %s 'Ptlth� to tlA Wbj#qt matter of it. All prior understandings and agreemmis bftm the parties q, rat :s h �rfatters art me.ged. intu this Agreement, which Alone fug and completely expresses *ek underskinding. 5 22- AMSEdMan-41q, '.1,JsAWwmrttmw/ not be a meaded, modified, altered, woharpd in •y reVeot e)mW by a Author wm=ent in wdft duly mr.uWd by each rXthe parties hemw IK 7WITNESS WAL030F, the pacifies heratobaw caused t1-.is .4Vvement'to, be duly eluted on then bohdf this _ day A=TTEST`. City Clink Approved as to form: City A110 -my (CORPORATE SEAL) Or COLITM OF "T 01. E 0.77 OF M R ac, 2g CAV N . Nalson S. MoDuffie BY: Name Printed: 4 C&j,-4V9,— Title: I&ATAlel., Iho f=going Ins"mmt ma eakwwledpa before 2012;Jby_ ;f officer or ugmi4 tide of -Affetr' or spat), of !Mrpqr#dm WWWO14mbelulf of the ooip,)=tkgL1Vaho\ 1.s<*rsb Vtoduced. (type of L 6 day of (moo & w of }mown toriR or has -NotaryPubHo- Woomm IF. IN a Rya HIBYr A MS fjW ;' (Crq Fret U is Fa-111 rt: 1 Workers° Compensation per the SmWto7 limits of the Stato of Florida to indude RMploycx'a Liability Insurance with limits of aticast $100M$1300,000/$100,000. 2 Garage Liability Immce of n kaA u1,000,000 combined aingic limits per occurrence to protect . f e, City against all, risks of Nury to pmams (including death) or damage to property vvl,.mvcr la ated teaching frm any wdoft or o .+.ration cutter the co att t or in coviierlien wUL d2e work.. flits policy is to provide cove mp for prcnusestopomflons including auto liability, iud Venc%ui contractom, broad farce con�hutwd liability. ptociWhvCompletecl opemdons. 3 Camp Xecpcny lnsumuce with limits of no less than $60,000 per auto, with = =ual aggrepte of$500 00Q. 4 AuWmi)bile liability of h ast $300,600 t:ombirsd single limits per cx:currence for owiiedh=- owavWWred automobiles ronnceted wU. the bush=s. 5 Ttv City of Delray Beach and ?'P•NIME, LCU ik }'WXgUg must be named as additional Irssttrad t+n tl4e liablli p tleie�; and it mciatb$ ou tine C 6 Thirty 0 D) days wriitto cancellation notice *eclaired. 7 Rest's guide xating $ +, -v-M or b t, latest edition. - IXYT- 3I:T A 1 Workers' Compawdon per the SmUftry limits of the Smte ofFlorida to include 2mployees } lability insurance. I tll limas of at least. $10e20304500,0004100,000. 2 Garage ZaaWRty Imam= of a load si.,flil0pon cmbi, reel singlo lhruts per wcurnence to protect the City aping ell risks cif inyury to persons ('mctud�ng &ath) or damage w property wherever loceW zesutting .''ram say action or opemaaon under &a contract or in ronawflor -with `we work. -1 Wo policy Is to provide covmw for premisealoperations jAcla&g auto HuWty, independent eontractors, broad form cantradual liability, pmducts/complow operat M. 3 Garage Kcepars fns'arance with limb of no two than .$$60,000 per auto, with an annual aggregate of $50G,000. 4 Autombila Liability of at imat $300,000 cwthiued single finnits per occurtenc_ a for owned/non- owneftited aukimobile4 corrnerfed.wM the buss. 5 The City of Delray Bench and TaIT VA'S LOT OWnR,S must be named as additional kmedonitit HablIlLypoliciet; aftditinutbe stWd on 16 tertifIeate. 6 T.u* (30) days written cancellation notio required, 7 Best's galdr rati -S B Viii or better, steA edition. i 1 s R GraRTIFICATI.OF mAf "IS 1NSUFtANCU OYll4l2U1x 1P� GYIROR�::c ?S x r. � � {►+'p;f.s r. ^� c'M'+t n1 1�.1 Q#1U[itl M 6M1.7 RHi C0Mr�11� k0 I[lGitT� 31!D:i'r�iJ f: f Nlt�iGaTxl it�LAt� .'1:84 aLP,Tlik�++17 pQ 2a. mayAMIiMFriW[R7 OR}IwwMV1.'+k,e,_a71P ,IILIM OR ALTO TO NSVl7fAa ;AFlpimr. 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'L00$j XYB 09180 >iTOZ /TTl1.0 PARING LICENSE AGREEMENT THIS AGREEMENT ( "The Agreement ") is made this I day of August, 2011, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY "), and CUGINI GRILL ON THE AVENUE a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this nonexclusive License Agreement. NOW THEREFORE, in consideration of the sun of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parkinjz Queues. The CITY agrees to allow LICENSEE the nonexclusive use of six (6) parking spaces located on the south side of the two hundred block of east Atlantic Avenue for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. on Sunday through Monday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days' written notice, to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parkin Locations /A reements. LICENSEE agrees that LICENSEE and/or its employees wil I not park any cars in CITY owned on- street or off-street parking spaces. LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement(s) for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY One Hundred dollars ($100.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Maximum Fee Permitted. At no time shall valet parking fees exceed ten dollars, ($ 10.00 ). An extended stay fee in the amount of $5.00 may be assessed to vehicles parked in excess of four (4) hours west of the intracoastal waterway and in excess of two 2 hours east of intracoastal waterway. Valet prices must be prominently displayed valet stand and signage. The base fee for validated customers shall be 50 % ofthe prevailing rate, not to exceed five dollars, ($5,00)._ Extended stay fees are excluded from validation discounts. 5. Validation Programs. Valets shall provide validation programs with neighboring businesses in one of or combination of the following: a) Donation of Spaces: A neighboring business contracts the use of parking spaces, in reasonable proximity of the valet queue, for use by the valet. Insurance costs for the spaces provided shall be the responsibility of the entity providing same. b) Financial Donation: Nei ghboring businesses contribute towards the total expense of the Cit y owned valet queue spaces and private parking lots registered with the City in accordance with the license agreement, in exchange _for___ validation of customer's vehicles. In no case shall a contribution exceed the cost of equal expense arnong all parties contributing to the queue (i.e. License holder plus one neighboring _businessequals a contribution no greater than 50 %. License holder plus two neighboring businesses, contribution ,equals no greater that 33% each) c Coupon Program: License holder shall offer the sale of coupons to neighboring businesses wishing to provide validated_parking to customers. 7. Signage. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 7 a Pricing Display All displayed pricing must be no less than three inches M in height in the same font color and consistency of associated lettering. 8. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian. flow. 9. Term and Renewal. This Agreement shall automatically renew, for accounts in good standing, on March 31Aeach year if the City Manager determines, in his sole discretion, that the renewal is in the best interests of the CITY. The City- Manager may add additional- provisions to this agreement upon renewal, including but not limited to, the requirement to use an off -duty police officer during the time and dates the City Manager deems advisable. Accounts in arrears or unable to provide valid leases and insurance at the time of renewal may be suspended without further notice until required payment or information is received. _ 10. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. LICENSEE m4y cancel the agreement.. b rovidin written notice of cancellation no less than 30 days prior to cancellation. 11. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. I 1 a) ADA Compliant Parking- LICENSEE acknowledges that handicapped parkin spaces, in leased parking lots are subiect to statutory regulation and may only be used for the parking of vehicles with valid ADA compliant license plate or hanging lacard issued by an state Direct access must be provided for vehicles unable to be operated by _valet attendants, o� customer needing a safe area to unload passengers with disabilities. Regular valet parking fees apply. 12. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: -Jivft v c /o: Cugini Grill on the Avenue 270 East Atlantic Avenue Delray Beach, FL 33483 13. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 14. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 15. Third Parties. -Notb ing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agrcement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give an), third person any right of subrogation or action over or against any party to this Agreement. 16. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on- street or off-street public parking spaces; and /or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: I st violation warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this nonexclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy /procedure for use of public parking spaces /queues which shalI.change from time to time subject to the sole discretion of the City. 17. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 18. Assi _anment= ._This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 19. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 20. BindinI Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 21. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 22. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of V , 201. ATTEST: City Clerk Approved as to form: s City Attorney ' 0 :r of (CORPORATE SEAL) STATE OF FZ•1) � 11 � COUNTY OF IS %0 &) Ps P D The foregoing instrument LI6 tip' _, 201j, by of officer or agent, title of offs corporation acknowledging), a corporation, on behalf of th produced + + +� +« +o MARIA I. LEON ?;4;r� � �;% Notary Public • Slata 0t f Ida ? • . + My Comm. Expires Jan 90, 2015 sar, A�� Commission # EE $9075 ���°� t ' °,, Banded Through National Notary AM THE CITY OF DELRAY BEA a Floriiia h nicipal Corpor one � $y: Nelson S. McDuffie LICENSEE f` By: Gf Name Printe Title: /1-1 was acknowledged before me his day of '2E VCS ` , as A 66 t -1 (name ,or or agent , of f�( LAC:; !a� 1 L- (name of L (state or place of incorporation) corporation. bpAlie ( =` persorr lly Tkno` nTto °rrie or has (type of identification) as identification. Signature of Notary Public — State of Florida EXHIBIT A INSURANCE REQUIREMENTS FORM Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2 Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4 Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non- owned /hired automobiles connected with the business. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6 Thirty (30) days written cancellation notice required. 7 Best's guide rating B +, VIII or better, latest edition. ACORD CERTIFICATE OF LIABILITY INSURANCE CITY COPY °08/26/2011 PRODL7CER PH - -305 666 -2572 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNIVERSAL ALLIANCE CORP. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6760 SW 98TH STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PINECREST, FL 33156 -3221 FX --305 666.0411 UAINSURE @BELLSOUTH.NET INSURERS AFFORDING COVERAGE NAICO INSURED INSURER A: MONTPELIER US INSURANCE COMPANY 270 E. ATLANTIC AVE DELRAY BEACH, LLC INSURER B: RETAIL FIRST INSURANCE COMPANY D /B /A CUGINI GRILLE INSURER C: 270 E. ATLANTIC AVENUE INSURER D: DELRAY BEACH, FL 33344 INSURER F: COVERAGES Serial #'101866 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7R TYPE OF INSURANCE POLICY HUMBER pp@@ PDATE MhUO�� E P�ATEY EX �p TIOH LIMITS GENERAL LIABILITY EACH OCCURRENCE PREMISESOEa ocaEir ice $ MERCLAL GENERAL LIABILITY HC... CLAIMS vADE � OCCUR MFD EXP An one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S POLICY .PiET LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acddant) BDDILY]NJURY ALL 51ASVED AUTOS SCHEDULED AUTOS (P -P —) $ BODILY INJURY S HIRED AUTOS NO.'!- O'ANEDAUTOS (Peracddent) F1 PROPERTYDMAAGE $ (Paracddenl) GARAGE LIABILITY MP0009005000610 03/0112011 0310112012 AUTO ONLY - EAACCIDENT $ 1,000,000.00 A X ANY AUTO OTHERTHAN EA ACC $ 1,000,000.00 X GARAGEKEEPERS $300,000.00 AUTO ONLY: AGG s 2,000,000.00 EXCESSfUMBRELLAIIABILITY EACHOCCURRENCE S OCCUR F-1 CLAIMS /MADE AGGREGATE S S $ DEDUCTIBLE RETENTION $ $ WORKER'S COMPENSATION AND 0520 -15192 08122/2011 08/22/2012 pEAC!HA!0CADFNT °ETA B EMPLOYERS' LIABILITY ANY PROPRIETORIPAR7NERIEXECUTPJE $ 100,000.00 EMPLOYEE $ 100,000.00 OFFICERAdFMBERFXCLUDED? EL04SEASE- POLICY LIMIT $ 500,000.00 SPECIAL IALP OONSbeiar OTHER DESCRIPTION OF OPFRATIONSILOCATIONSNEHICLESIEXGLUSIONS ADDED BY ENDORSEMENTISPECUIL PROVISIONS INSURED OPERATES A RESTAURANT TO INCLUDE CONDUCTING VALET PARKING: THE CERTIFICTE HOLDER IS AN ADDITIONAL INSURED ON SUBJECT POLICY PARKING LOCATION: 29 SE 2ND AVENUE DELRAY BEACH, FL 33483 -4576 (THIS PARKING LOT IS A COVERED LOCATION FOR PARKING VEHICLES FOR CUGINI GRILLE) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO PJNL 30 DAYS WRITTEN THE CITY OF DELRAY BEACH ITS OFFICERS & ESS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY MANAGERS OFFICE OFFICE IMPOSE NO OBLIGATION OR LIABILITY OF ANY IUND UPON THE INSURER, ITS AGENTS OR 100 NW 1ST AVENUE REPRESENTATIVES. DELRAY BEACH FL 33444 AUTHDRIZEDREPRESENTAmE OFUHRIERSALALLIAKCECORP. —LOL ACORD 25 (2001108) QACORD CORPORATION 1988 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: January 2, 2014 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 PROCLAMATIONS WHEREAS, under the laws of all fifty states, the District of Columbia, and federal government, stalking is a crime; and WHEREAS, 3.4 million people over the age of 18 are stalked each year in the United States, and nearly 75% of victims are stalked by someone they know; and WHEREAS, 3 in 4 women killed by an intimate partner had been stalked by that intimate partner; and WHEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and WHEREAS, many stalkers use increasingly sophisticated devices —such as global positioning systems, cameras, and computer spyware —to track their victims; and WHEREAS, laws and public policies must be continually adapted to keep Pace with new tactics used by stalkers; and WHEREAS, Aid to Victims of Domestic Abuse, Inc. and Legal Aid Society of Palm Beach County continue their project to better combat stalking by coordinating a multidisciplinary response of local agencies and organizations and by increasing victim services; and WHEREAS, the Palm Beach County Anti - Stalking Multidisciplinary Collaborative has released an Anti - Stalking Toolkit and Victim's Right brochure which will assist service providers and victims in coordinating and accessing the most appropriate, effective services for each victim of stalking in Palm Beach County. NOW, THEREFORE, I CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim January 2014 as: NATIONAL STALKING A WARENESS MONTH and urge the residents of the City of Delray Beach, Aid to Victims of Domestic Abuse (AVDA) and Legal Aid Society of Palm Beach County to join forces with victim service providers, criminal justice officials, and concerned citizens throughout Palm Beach County and the United States to observe National Stalking Awareness Month and to promote the 2014 theme, "Stalking: Know it. Name it. Stop it! 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 7`'' day of January 2014. CARY D. GLICKSTEIN MAYOR WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia., and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 20, 2014, will be observed as Martin Luther King Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 20"' should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 20, 2014 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. 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 7h day of January, 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: December 31, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of December 9, 2013 through January 3, 2014. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of December 16, 2013 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (6 to 1, Christopher Davey dissenting), of the final subdivision plat for The Grove at Lake Ida associated with replatting a 4 -lot subdivision into seven (7) single family lots, located at the intersection of NW 3rd Avenue, NW 12th Street and Grove Way. B. Recommended approval (7 to 0), of an abandonment of a portion of the north -south alleyway lying west of Frederick Boulevard, approximately 50 feet south of Avenue "H" in conjunction with the property located at 2910 Frederick Boulevard. Site Plan Review and Appearance Board Meeting of December 11, 2013 1. Approved (5 to 0, Mark Gregory not yet arrived and Jose Augila stepped down), a request to reconsider the Special Action for building setbacks associated with the Class V site plan application for Atlantic Crossing, located on the north side of East Atlantic Avenue, between NE 6th Avenue and Veterans Park. The Special Action was considered on December 18, 2013. 2. Approved with conditions (6 to 0, Mark Gregory not yet arrived), a request for reconsideration of the Class I site plan modification associated with changing the color of an existing awning for Luigi's Coal Oven Pizza, located on the north side of East Atlantic Avenue, between the FEC Railway NE 4th Avenue (307 East Atlantic Avenue). 3. Approved (5 to 1, Alice Finst dissenting, Mark Gregory not yet arrived), a request for a color change for Windemere House, an existing residential condominium located at the northwest corner of South Ocean Boulevard and Bay Street (250 South Ocean Boulevard). 4. Postponed (6 -0, Mark Gregory not yet arrived), a request for architectural elevations and color change for Atlantic Promenade, located at the southwest corner of East Atlantic Avenue and SE 6th Avenue (522 East Atlantic Avenue). 5. Approved (6 to 0, Mark Gregory arrived but stepped down), a Class I site plan modification that includes elevation, site plan and landscape plan changes associated with Stein Mart becoming an anchor tenant in the southeast building at Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1801 & 1845 South Federal Highway). 6. Approved with a condition (7 to 0), a Class I site plan associated with architectural elevation changes which involves the extension of an existing storefront awning for City Oyster, located on the north side of East Atlantic Avenue, east of Pineapple Grove Way (213 East Atlantic Avenue). 7. Approved with conditions (7 to 0), a Class I site plan modification associated with the replacement and installation of awnings and the addition of a folding door system for Taverna Opa Restaurant, located on the south side of East Atlantic Avenue, east of SE 2nd Avenue (270 East Atlantic Avenue). 8. Approved with conditions (7 to 0), a Class II site plan modification, landscape plan and architectural elevations associated with interior and exterior renovations of an existing commercial building for 290 SE 2nd Avenue Warehouse Building, located at the northwest corner of SE 2nd Avenue and SE 3rd Street. Concurrently, the Board recommended approval of the following waivers: i. Recommended approval to the City Commission (7 to 0), of a waiver to LDR Section 4.4.28 (H)(1), to the requirement that overhead doors shall be oriented away from any adjacent public right -of -way. ii. Recommended approval to the City Commission (7 to 0), of a waiver to LDR Section 4.6.9 (D)(2) to the requirement that adequate maneuvering area be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. 9. Approved with conditions the Class V site plan (6 to 1, Rustem Kupi dissenting), the landscape plan (7 to 0) and the architectural elevation plan (6 to 1, Rustem Kupi dissenting), associated with the construction of two 1 -story 6,500 sq. ft. medical office buildings for Downtown Delray Medical Centre, located on a vacant parcel located on the north side of SE 6th Street between SE 5th Avenue and SE 6th Avenue. 10. Tabled (6 to 1, Jose Aguila dissenting), a Class V site plan, landscape plan and architectural elevation plan for Rainbow Warehouse, located on the west side of Wallace Drive, south of Georgia Street (1402 Wallace Drive), to allow the demolition of the existing building and construction of a 5,761 sq. ft. storage warehouse and office building. 11. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of an automobile dealership including showroom, administrative and sales offices, automobile service and repair and parts facilities and car wash for Delray Honda, located on the west side of South Federal Highway, between Fladell's Way and La Mat Avenue (2500, 2600, 2626 & 2700 South Federal Highway). Concurrently, the Board approved the following special action: i. Approved (7 to 0), a request for a special action to allow the service bay doors to face the public right -of -way along La Mat Avenue and South Federal Highway. Site Plan Review and Appearance Board Meeting of December 18, 2013 12. Approved with conditions (3 to 2, Terra Spero and Rustem Kupi dissenting; James Knight and Jose Aguila absent), a master sign program for Delray Commercial Centre, located at the northeast corner of Congress Avenue and SW 10th Street (955 & 975 South Congress Avenue). 13. Approved with conditions (5 to 0), a Class I site plan modification associated with the addition of a free standing wall and entry feature for Cannery Row Park, located at the southwest corner of NE 4th Street and Pineapple Grove Way. 14. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,518 sq. ft. building addition for Goodwill of Delray, located on the west side of north Federal Highway, north of NE 14th Street (1640 North Federal Highway). Same Location as Item #1 Above: Approved (5 to 0), reconsideration of the special action for Atlantic Crossing, located on the north side of East Atlantic Avenue, between NE 6th Avenue and Veterans Park. The special action request involves a reduction of the building frontage requirements at the ten -foot setback for the following: i. Along NE 6th Avenue: allow 280.67 feet, where a minimum of 407.87 feet is required, a difference of 127.20 feet; ii. Along the west side of NE 7th Avenue: allow 287.08 feet, where a minimum of 407.63 is required, a difference of 120.55 feet; iii. Along the east side of NE 7th Avenue, allow 240.58 feet, where a minimum of 407.63 feet is required, a difference of 167.05 feet; iv. Along Atlantic Avenue, allow 155.42 feet, where a minimum of 183.25 feet is required, a difference of 27.83 feet for the lower floors for Atlantic Avenue west of NE 7th Avenue; Concurrently the Board approved with conditions (4 to 1, Rustem Kupi dissenting) the architectural plan. + Same Map Location as Item # 4 Above: Approved with conditions (4 to 1, Rustem Kupi dissenting), a request for color change for Atlantic Promenade, located at the southwest corner of East Atlantic Avenue and SE 6th Avenue (522 East Atlantic Avenue). 15. Approved with conditions (4 to 1, Jason Bregman dissenting), the Class V site plan, landscape plan and architectural elevation plan associated with the construction of 38 townhomes for St George, located on the east side of North Federal Highway, north of George Bush Boulevard. Concurrently, the Board approved the following waivers: i. Recommended approval with conditions to the City Commission (4 to 1, Jason Bregman dissenting), of an internal adjustment to LDR Section 4.3.3(0)(3)(c), which requires that setbacks interior to the project with respect to side and rear lot lines shall not be closer than 25 feet for a two - story structure (15.5 feet proposed). ii. Recommended approval with conditions to the City Commission (4 to 1, Jason Bregman dissenting), of a waiver to LDR Section 4.4.9(F)(2)(a), which requires parcels that have frontage on North Federal Highway shall have a minimum front building setback of 5 feet and a maximum setback of 15 feet (37 feet proposed maximum). Historic Preservation Board Meeting of December 18, 2013 16. Tabled (6 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows for a contributing structure located at 125 Dixie Boulevard. 17. Approved (6 to 0), a Certificate of Appropriateness associated with additions and alterations to the structures located on an individually designated property known as "The Water House ", located at 916 -918 NE 5th Street. Concurrently, the Board approved a variance request to reduce the side interior (south) setback from 10' to 1'. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the demolition of a contributing principal and accessory structure and construction of a two- story, single- family residence at 130 SE 7th Avenue. Concurrently, the Board recommended approval to the City Commission (6 to 0), of a waiver to LDR Section 4.6.14(C) to reduce the sight visibility triangle from the required 10'x10' to 4'x10' RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT JANUARY 7, 2014 SPRAB: HPB: 1. ATLANTIC CROSSING 6. CITY OYSTER 11. DELRAY HONDA 16.125 DIXIE BOULEVARD 2. LUIGPS COAL OVEN PIZZA 7. TAVERNA OPA RESTAURANT 12. DELRAY COMMERCIAL CENTRE 17. THE WATER HOUSE 3. WINDEMERE HOUSE 8. 290 SE 2ND AVENUE 13. CANNERY ROW PARK 18. 130 SE 7TH AVENUE 4. ATLANTIC PROMENADE 9. DOWNTOWN DELRAY MEDICAL CENTRE 14. GOODWILL OF DELRAY 5. DELRAY PLACE 10. RAINBOW WAREHOUSE 15. ST. GEORGE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC —DDC \1 —7 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: November 20, 2013 SUBJECT: AGENDA ITEM 8.11 - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 PURCHASE AWARD/ AIR LIQUIDE INDUSTRIAL U.S. LP ITEM BEFORE COMMISSION The item before Commission is to approve an annual award to Air Liquide Industrial U.S. LP in the amount of $88,000 for the purchase and delivery of liquid carbon dioxide (CO2) for use at the Water Treatment Plant. BACKGROUND Carbon dioxide is essential to the water treatment process in the control of pH. Raw water entering the plant has a pH in the mid -7 range. Lime is added to raise the pH to 10.2 so that calcium can precipitate out from the softening process. After the lime softening process, carbon dioxide is added to bring the pH back to a mid -7 range for the finished water product. Controlling the pH in finished water is also highly effective in meeting regulatory standards under Lead and Copper testing. On July 30, 2013, Palm Beach County Board of County Commissioners (PBC) awarded a contract to Air Liquide Industrial U.S., LP (Air Liquide) for the purchase and delivery of carbon dioxide (Bid #13- 080/SWC) at a unit price of $0.0925/ lb ($185 /liquid ton) for fiscal year 2014. The Air Liquide's contract with PBC is through September 2014. Air Liquide has agreed to extend the PBC contract terms to the City of Delray Beach. Staff estimates the annual cost of carbon dioxide at $88,000. Air Liquide has provided the City of Delray Beach with a quality product and service in previous years. The recommendation for award utilizing another governmental entity's contract is in compliance with Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 (C) (7) (c) and the vendor has submitted the required letter, see attached. The "Standard form of Agreement Between the Vendor and City ", along with the appropriate insurance certificates, will be executed upon City Commission approval. FUNDING SOURCE Funding is available from 441- 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). RECOMMENDATION Staff recommends an annual award to Air Liquide in the amount of $88,000.00 for purchase and delivery of Liquid Carbon Dioxide (CO2) for use at the Water Treatment Plant for fiscal year 2014. ��tiACB cOG \LORi94' July 30, 2013 Purchasing Department 50 South Military Trail, Suite 110 Air Liquide Industrial U.S. LP West Palm Beach, FL 33415 -3199 Cindy S. Roberson, Southeast Region Business Manager (561) 616 -6800 18222 E. Petroleum Drive FAX: (561) 616 -6811 Baton Rouge, LA 70809 www.pbcgov,com/purchasing Dear Vendor: RE: TERM CONTRACT# 13080 Form L This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for GAS CARBON DIOXIDE FOOD GRADE WUD PURCHASE AND DELIVERY TERM CONTRACT based on: Palm Beach county [XI SOLICITATION # 13- 0801SWC Board of County The term of this contract is 9/21/2013 through 9120/2014 , and has an estimated Commissioners dollar value of $ 66.000. Steven L. Abrams, Chairman The obligations of Palm Beach County under this contract are subject to the Priscilla A. Taylor, Vice Chair availability of funds lawfully appropriated for its purpose by the State of Florida Hal R. Valeche and the Board of County Commissioners. Paulette Burdick Palm Beach County Departments will issue individual hard copy orders against this contract as your authorization to deliver. All invoices must reference a unique Shelley Vana document number (e.g. CPO/DO 680 XY03030500000000001111 or CPOIDO 680 Mary Lou Berger XY030305 *1111). Failure to provide an order number with each invoice will result in a delay in processing payment. less R. Santamaria If you have any questions, please contact Sandy Cservenyak at scser(cDpbcgov.com or call (561)616 -6814. Sincerely, County Administrator Robert Weisman Tammy Smith Purchasing Manager c: Vernetha Green, WUD File "An Equal Opparturnify Affirmative Action Employer' 9bprinted on recycled paper AiR LIQUIDE July 2, 2013 Palm Beach County Ms. Sandy Cservenyak Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 -3199 RE: Palm Beach County Bid No. 13- 080 /SWC, Gas Carbon Dioxide Dear Ms. Cservenyak: Thank you for the opportunity for Air Liquide Industrial U.S. LP to submit a proposal to supply gas carbon dioxide to Palm Beach County to be used to lower the PH of water at the Water Treatment Plants throughout Palm Beach County. Enclosed per Palm Beach County's bid requirements and Air Liquide's bid proposal procedures are the following: • Completed Bid Documents • Insurance Certificate - Air Liquide's Memorandum of Insurance • Material Safety Data Sheets for Carbon Dioxide • Purity Specification Sheet • State of Florida Business License • Business Tax Receipt On behalf of Air Liquide Industrial U.S. LP, we look forward to the opportunity to do business with Palm Beach County. We wish to assure you that we will remain diligent in meeting your expectations for the products and services we provide. Should you have any questions regarding the enclosed bid documents or require additional information, please contact me at (225) 754 -0654. Kindest Regards, Jennifer Doty Inside Sales, Southeast Region Air Liquide Industrial U.S. LP Phone: (225) 754 -0654 E -mail: jennifer.doty(@airlig.uide.com Air Liquide Industrial U.S. L.P. • 18222 East Petroleum Drive • Baton Rouge, LA 70809 Phone: 225.754.0600 • Fax: 225.754.0670 www.us.airliquide.com Board of County Commissioners Steven L. Abrams, Mayor Priscilla A. Taylor, Vice Mayor Hal R. Valeche Paulette Burdick Shelley Vana Mary Lou Berger Jess R. Santamada BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #13- 0801SWC County Administrator Robert Weisman Purchasing Department www.pbcgov.org /purchasing GAS, CARBON DIOXIDE, FOOD GRADE, WUD, PURCHASE AND DELIVERY, TERM CONTRACT BID OPENING DATE: July 3, 2013 AT 2:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616 -6800. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUTION As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at ham: / /Www.pbcgov.oEgipurchasina. It is the vendor's sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from the above website or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 -3199 (561) 616 -6800 FAX: (561) 616 -6811 BID NO: 13 -080 /SWC BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID Gas, Carbon Dioxide, Food Grade, WUD, Purchase and Delivery, BID TITLE: Term Contract Page 2 PURCHASING DEPARTMENT CONTACT: Sandy Cservenyak TELEPHONE NO.: 561 -616 -6814 FAX NO.: 561- 242 -6714 EMAIL ADDRESS: scser @pbcgov.org All bid responses must be received on or before July 3, 2013 , prior to 2:00 p.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415 -3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and /or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response and, if required, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County, The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. 2. LEGAL REQUIREMENTS a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the Items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The successful bidder is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or gender identity and expression. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Ordinance 2003 -030, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance "), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R -2003 -1274, as may be amended. The bidder is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLFJFBI fees that shall be paid by the County. e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance of this Invitation for Bid, the BIDDER certifies that it its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the County determines, using credible information available to the public, that a false certification has been submitted by BIDDER, the resulting Contract from this invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. f. NON-COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and /or debarment or suspension from doing business with Palm Beach County, LOBBYING: Bidders are advised that the 'Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the datehime of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of $250.00 per violation. h. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. i. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract. Page 3 k. PUBLIC RECORDS: Any material submitted in response to this solicitation is considered a public document in accordance with Section 919.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret, etc) must be specifically identified as such. Upon receipt of a public records request for information the bidder has designated as a trade secret or as otherwise exempt from Section 119.07, F.S., a determination will be made whether the identified information is, in fact, confidential. I. INCORPORATION, PRECEDENCE, JURISDICTION: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. m. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract n. NO THIRD PARTY BENEFICIARIES: No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the County and/or successful bidder. 3. BID SUBMISSION a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor Ietterhead/quotabon forms shall not be accepted. Responses must be typewritten or written in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BiD. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling. b. CERTIFICATIONS. LICENSES AND PERMITS: Unless otherwise directed in sub - paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by taw. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. c. SBE BID DOCUMENT LANGUAGE Item 1 - Policv It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods, services and construction to the County. To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2 -80.21 through 2 -80.34 (as amended) of the Palm Beach County Code, which sets forth the County's requirements for the SBE program, and Is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Although preferences will not be extended to certified M/WBEs, unless otherwise provided by law, businesses eligible for certification as an M/WBE are encouraged to maintain their certification in order to assist in the tracking of M/WBE availability and awards of contracts to M/WBEs. This information is vital to determining whether race and gender neutral programs assist M/WBE firms or whether race and gender preferences are necessary in order to address any continued discrimination in the market. Item 2 - SBE Goals The County has established a minimum goal of 15% SBE participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum, and no rounding will be accepted. Item 3 - Ranking of Responsive Bidders Bidders who meet the SBE goal will be deemed to be responsive to the SBE requirement In evaluating competitive bids or quotes between $1,000 and one million dollars ($1,000,000) where the low bidder is non- responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10 %. In the event there are no bidders responsive to the SBE requirement, the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7 %) participation, as long as the bid does not exceed the low bid amount by ten percent (10 %). In evaluating bids in excess of one million dollars ($1,000,000), where the low bidder is non - responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3 %) of the total bid in excess of one million dollars ($1,000,000). In the event there are no bidders responsive to the SBE goal, the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7 %) participation, provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3 %) of the total bid in excess of one million dollars ($1,000,000). Item 4. Bid Submission Documentation SBE bidders, bidding as prime contractors, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by any SBE subcontractor. Failure to include this information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE contractor Intends to perform 100% of the work with their own workforce. Bidders are required to submit with their bid the appropriate SBE -M/WBE schedules in order to be deemed responsive to the SBE requirements. SBE -M/WBE documentation to be submitted is as follows: Schedule 1 - List of Proposed SBE and MIWBE Participation This list shall contain the names of the SBE Prime SBE and subcontractors intended to be used In performance of the contract, if awarded. This schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors. (Only Job Order Contracting QOC) contracts and Task Authorizations forannual contracts may be excluded from this reauirement.) Schedule(s) 2 - Latter(sl of Intent to Perform as-an SBE or MIWBE Subcontractor A Schedule 2 shall be completed by the SBE Prime. A Schedule 2 shall be completed and signed by the proposed SBE subcontractor listed on Schedule 1. SBE Primes and SBE Subcontractors shall specify the type of work to be performed, the cost and /or percentage. If the SBE intends to subcontract any portion of the job to another certified SBE, or non -SBE, they are required to list the amount and the name of the subcontractor on Page 4 this form. The Prime may count toward its SBE goal second and third tiered SBE subcontractors; provided that the Prime submits a completed Schedule 2 forth for each SBE subcontractor. Additional sheets may be used as needed. In lieu of a Schedule 2, a detailed responsive proposal may be acceptable. Item 5 - SBE Certification Only those firms certified by Palm Beach County at the time of bid opening shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; therefore, it is recommended that bidders visit the on -line Vendor Directory at www.pbcgov.org /osba to verify SBE certification. Item 6 - Countina SBE Participation (and MIWBE Participation for Tracking Purposes) a. Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures, the County or the Prime may count toward its SBE goals only that portion of the total dollar value of a contract performed by the SBE. Prior to issue, total dollar value of a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts. b. The County may count toward its SBE goals the total value of a contract awarded to an eligible SBE firm that subsequently is decertified or whose certification has expired after a contract award date or during the performance of the contract c. The County or Prime may count toward its SBE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the SBE partner in the joint venture. d. The County or Prime may count toward its SBE goal the entire expenditures for materials and equipment purchased by an SBE subcontractor, provided that the SBE subcontractor has the responsibility for the installation of the purchased materials and equipment. e. The County or Prime may count the entire expenditure to an SBE manufacturer (i.e., a supplier /distributor that produces goods from raw materials or substantially alters the goods before resale). f. The County or Prime may count sixty percent (60%) of its expenditure to SBE suppliers /distributors that are not manufacturers. g. The County or Prime may count toward its SBE goal second and third tiered SBE subcontractors; provided that the Prime submits a completed Schedule 2 form for each SBE subcontractor. h. The County or Prime may only count toward its SBE goal the goods and services in which the SBE is certified and performs with its own forces. Item 7 - Responsibilities After Contract Award Schedule 3 - SBE-M1WBE Activity Form This form shall be submitted by the prime contractor with each payment application when SBE subcontractors are utilized in the performance of the contract. This form shall contain the names of all SBE subcontractors, specify the subcontracted dollar amount for each subcontractor and show amount drawn and payments to date issued to subcontractors. This form is intended to be utilized on all non - professional services contracts. Schedule 4 - SBE-MIWBE Payment Certification A Schedule 4 for each SBE sub shall be completed and signed by the proposed SBE after receipt of payment from the Prime. If a SBE subcontractor intends to disburse any funds associated with this payment to any subcontractor for labor provided on this contract, the amount and name of the subcontractor must be listed on this form. In addition, if the named subcontractor is a certified SBE, then a Schedule 4 shall be completed and signed by the named SBE after receipt of payment from the SBE subcontractor. When applicable, the Prime shall submit this form with each application submitted to the County for payment to document payment issued to a sub in the performance of the contract- All bidders hereby assure that they will meet the SBE participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1 and 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate participation. The successful bidder shall submit an SBE -MNVBE Activity Form (Schedule 3) and SBE -MIWBE Payment Certification Forms (Schedule 4) with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The SBE -MNVBE Activity Form is to be filled out by the Prime Contractor and the SSE -M/WBE Payment Certification Forms are to be executed by the SBE or MANSE firm to verify receipt of payment. Item 8 - SBE Substitutions After contract award, the successful bidder will only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified SBE's in order to maintain the SBE percentages submitted with the bid. Requests for substitutions must be submitted to the user Department and OSBA. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference will be given to (1) bidders having a permanent place of business in Palm Beach County; (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades Glades Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder is a non - Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5 %. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining local preference. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non -local business, all bids received from responsive, responsible local businesses will be decreased by 5 %. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference. To receive a Glades Local Preference or a Local Preference (collectively referred to as 'local preference"), a bidder must have a permanent place of business in existence prior to the County's issuance of this Notice of Solicitation/Invitation for Bid. A permanent place of business means that the bidders headquarters is located in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitationllnvitation for Bid. In addition, the attached "Certification of Business Location' and Business Tax Receipt must accompany the bid at the time of bid submission. The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder /proposer to not receive a local preference. Page 5 e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form 'Drug -Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non- responsive. g. PRICING: (1) Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected. (2) The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your bid. (3) All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. (4) Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid opening to allow for evaluation and award. (5) Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term unless modified by a special condition. (6) In the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. (7) Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid." If some items are to be offered at no charge, bidders should mark those items as "no charge." Items left blank shall be considered a "no bid" for that Item, and the bid shall be evaluated accordingly. Bidders who do not wish to submit bids on any item in this solicitation, should return a "Statement of No Bid" in an envelope plainly marked with the bid number and marked "NO BID." ACCEPTANCEIREJE TIO OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non- substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline Items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would ng# result in the lowest overall cost to the County, even though it is the lowest evaluated offer, An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line hem and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. NON - EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 2137.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. PERFORMANCE DURING (MERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, of acts of God, Palm Beach County shall be given 'first priority" for all goods and services under this contract. Bidder agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms, conditions, and prices as provided in this solicitation on a 'first priority" basis. Bidder shall furnish a 24 -hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an emergency shall constitute breach of contract and make the bidder subject to sanctions from doing further business with the County. m. SALES PROMOTIONS I PRICE REDUCTIONS: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. Additionally, anytime after award, the successful bidder may offer a reduced price which shall remain in effect for the duration of the contract. GUA P RC ASES UNDER $100,000: Pursuant to Section 2- 54(f)(11), Palm Beach County Code, purchases under $100,000 made for the Glades Utility Authority "GUA" may be awarded only to those vendors located in the Glades, as defined in the Palm Beach County Code. It is the County's intent to award this solicitation to the lowest, responsive, responsible bidder located in the Glades. However, if no response is received from a vendor located in the Glades, the good or service shall be re- solicited to all vendors and awarded to the lowest, responsive, responsible bidder. 4. BID OPENINGIAWARD OF BID OBSERVING THE PUBLISHED BID OPENING TIME The published bid opening time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid opening time. Any bid delivered after the precise time of bid opening shall not be considered, and shall be returned to the bidder unopened if bidder identification is possible without opening. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid opening time. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department website at www.obcoov.comlourchasino prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Purchasing Department websits shall prevail if a discrepancy exists between the referenced listings. Page 6 PROTESI PROCEDURE,: Protest procedures are provided in the Palm Beach County Purchasing Code_ Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to 5611242 -6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. 5. CONTRACT ADMINISTRATION DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal wonting hours of the County. Time is of the essence and delivery dates must be met_ Should the successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. c. PAYMENT: Payment shall be made by the County after commodlties/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners, DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and /or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the faun or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience." Page 7 TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. ACCESS AND AUDITS: The bidder shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the bidder's place of business. 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2 -421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. THIS IS THE END OF "GENERAL CONDITIONS." Page 8 SPECIAL CONDITIONS 8. GENERAL /SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 9. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and /or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. • List a minimum of three (3) references in which similar goods and /or services have been provided within the past three(3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the speck requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and /or buildings which have been designated as 'critical facilities" pursuant to Ordinance 2003- 030 and Resolution R -2003 -1274, as may be amended. Therefore, prior to the award of any contract, the recommended awardee(s) must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. County staff representing the user Department will contact the recommended awardee(s) and provide additional instructions for meeting the requirements of this Ordinance. A contract shall not be awarded unless the recommended awardee meets the requirements established by the Electronic Services and Security Division of the Facilities Development and Operations Department. 11. AWARD ALL -OR -NONE Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all -or -none, total offer basis. 12. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 13. F.O.B. POINT The F.O.B. point shall be destination, which shall be as specified herein. Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. Page 9 14. DELIVERY Delivery shall be required within eight (8) calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. IS. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 16. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 17. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 18. WORK SITE SAFETYISECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own property, and /or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. 19. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, Go Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to CertFocus at www.certfocus.com or fax (561) 666 -6041, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Page 10 Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non - owned, and hired automobiles. (In this context, the event successful bidder neither owns nor leases automobiles; the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non -Owned auto Liability. If vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverage(s)- have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company /Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non - renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverage(s) are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis Page 11 SPECIFICATIONS BID #13- 0801SWC GAS, CARBON DIOXIDE, FOOD GRADE, WUD, PURCHASE AND DELIVERY, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Gas, Carbon Dioxide (Food Grade) for Water Treatment Plants throughout Palm Beach County. TECHNICAL REQUIREMENTS Carbon Dioxide is utilized to lower the pH of water by converting the carbonates and hydroxides back to bicarbonates (i.e. lime softening process). Carbon Dioxide is a colorless, non- toxic, non - combustible and chemically inert compressed gas. The chemical symbol is CO2. • Shall be shipped in insulated tank trucks. CO2 is normally delivered at 0 °F under 300 PSI • AWWA Standard: B510 -06, or latest version • Shall be shipped and stored as a liquefied compressed gas SUCCESSFUL BIDDERS RESPONSIBILITY • Shall have representative available to respond to technical and safety concerns immediately via phone or to arrive on site within 6 hours • Successful bidder's truck shall be equipped to safely handle and unload Carbon Dioxide. Material Safety Data Sheets (MSDS) shall be provided with the initial order and any time thereafter when a change in chemical is made. • Deliveries shall be scheduled a minimum of 10 days prior to need. Shipments will be received between the hours of 8:00 AM and 3:00 PM, Monday through Friday, within eight (8) calendar days after receipt of delivery order (DO). Current Delivery Locations Water Treatment Plant #8 1500 North Jog Road West Palm Beach, FL 33415 Tim McAleer (561) 493 -6180 Water Treatment Plant #2 2956 Pinehurst Drive West Palm Beach, FL 33467 Patti Brock (561) 493 -6260 Water Treatment Plant #11 39800 Hooker Highway Belle Glade, FL 33430 Mike Turbeville (561) 493 -6260 • Annual Estimated Quantities: 712,000 pounds Estimated Qty: 272,000 Pounds Estimated Qty: 120,000 Pounds Estimated Qty: 320,000 Pounds Pursuant to PPM# WUD -P -018, the Palm Beach County Water Utilities Department (PBCWUD) has a no -gift Dolicy covering all PBCWUD employees. Please do not send or supply any gifts of any type to any PBCWUD employee regardless of value. Page 12 BID RESPONSE BID 013- 0801SWC GAS, CARBON DIOXIDE, FOOD GRADE, WUD, PURCHASE AND DELIVERY, TERM CONTRACT ITEM (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) ESTIMATED and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any UNIT Per General Term and Condition #7, if bidder is a Joint Venture for the goodstservices described herein, bidder shall, upon NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL OFFER 1 GAS, CARBON DIOXIDE (FOOD GRADE) AS PRINT NAME:I��y,ply ' *SIGNATURE: -ts.�� PRINT TITLE: - � '�VyIdA& �z SPECIFIED HEREIN 712,000 LB $ 0.092- $ b611 WO All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Is Qualification of Bidders information included, per Term and Condition #9? Does bidder clearly understand the Insurance requirement, per Tenn and Condition #20? YES J INITIAL YES d INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goodstservices described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: Air Liquide, [no'"17 -`al "-s vp PRINT NAME:I��y,ply ' *SIGNATURE: -ts.�� PRINT TITLE: - � '�VyIdA& �z ADDRESS: 6122 E • e TD Ie.um Drri Ve. CITY 1 STATE: 13al.+O r n 20 u e LA — ZIP CODE: �1 O $fl� TELEPHONE# (226 ) -754-0054- E -MAIL: TOLL FREE # ( ) FAX M ( 2,2_g ) -754 _ 007 0 APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID # g a o g q Page 13 QUALIFICATIONS OF BIDDERS REFERENCES FOR SOLICITATION 913- OSOISWC List references in accordance with qualifications of bidder, when applicable. �}rfmAo MI&S 10V1 CUSTOMER NAME: ��- ll t /� (PLEASE PRINT OR TYPE) { �{ ADDRESS: too ��I h C I Qya —ft I OVi��I�I:U , 17L -32961 (PLEASE PRINT OR ) PHONE NUMBER: 434-4213 FAX NUMBER:_ 41m*4-4113 CONTACT NAME: W. (*ocL � LWQ l I ` L (PLEASE PRINT OOR TYP SCOPE OF WORK:_ �Q,�IV I✓Y�1 ory `i� j U`d C-iJ2- E -MAIL: eW eA Dac- DUI Y, START DATE _,j1jnQ,, ZOD'L END DATE: M am 12-011 CUSTOMER NAlk ADDRESS: PHONE NUMBER: �9-16-5g10 FAX NUMBER: C*J) R 3(e -t qqq E -MAIL: ' . SChe4j @ D C f /. r — CONTACTNAME: MY, ` c n + � �+� �rrrrxnnaorr�nini urn` i`r�re� SCOPE OF WORK:__ D�. ytrq ciT 1 } 9 VIA/+ W L W+� 1�_ ri ' aUI (PLEASE PRINT OR TYPE) START DATE: March 2001 END DATE: Aprit 2a4 CUSTOMER NAME: C in qr Parv- (PLEASE PRINT OR TYPE) ADDRESS: Jr P Ir K FL (PLEASE PRINT ORTYPE) PHONE NUMBER:. FAX NUMBER:-114M 5-1 � =a4 17 E -MAIL: rC CONTACT NAME: Mir • GiCIL4 WOW SCOPE OF WORK: NAM Y-0 0 fl+ � I 0 START DATE: END DATE:iI me.� 2hJ3 Page 14 STATEMENT OF NO BID BID #13- 0801SWC GAS, CARBON DIOXIDE, FOOD GRADE, WUD, PURCHASE AND DELIVERY, TERM CONTRACT If you are not bidding on this service /commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 -3199. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid due to the following reason(s): Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Page 15 CERTIFICATION OF BUSINESS LOCATION BID #13 -0801SWC In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) bidders /quoters having a permanent place of business in Palm Beach County ( "County'); (2) bidders /quoters having a permanent place of business in the Glades that are able to provide the goods, services or construction to be utilized or built within the Glades; and (3) bidders/quoters having a permanent place of business in the County (non- Glades business) who utilize Glades subcontractors for construction projects in the Glades. To receive a local preference, bidders/quoters must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder /quoter to provide the goods /services being solicited by the County, and will be used to verify that the bidder /quoter had a permanent place of business prior to the issuance of the solicitation. The bidderlquoter must submit this Certification of Business Location ( "Certification ") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidderlquoter to not receive a local preference. In instances where the bidderlquoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidderlquoter must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidderlquoter had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders/quoters for additional information related to this requirement after the bid /quote due date. Bidder /Quoter is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. The attached copy of bidder's /quoter's County Business Tax Receipt verifies bidder's /quoter's permanent place of business. THIS CERTIFICATION is submitted by �f1ri YiI i�b , as (Name of Individual) v�Si r�� SaiE (Title /Position) of it Lt ui Ue, Indusirial UL,S: (Firm Name of idder /Quoter) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidderlquoter on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidderlquoter. (S tune) (Date) Page 16 DRUG -FREE WORKPLACE CERTIFICATION BID #13- 080 /SWC IDENTICAL TIE BIDSIPROPOSALS In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids /proposals the following certification that they have implemented a drug -free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.0871 shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2 -80.21 thru 2- 80.34. In the event tie bids are received from vendors who have not submitted with their bidslproposals a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug -Free Workplace Certification form must be executed and returned with the attached bidlproposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause any bid/proposal to be deemed non - responsive. Whenever two (2) or more bids /proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by , e 1 e r the (Individual's Na Inside, Sales Sj) ea -6 ) r) of i QuA 111dusir; a I ti's. !-f (Title /Position with CompanyNen or) (N me of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug -free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. 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Specify In detail, the particular work items to be performed and the dollar amount and/or percentage for each work Item. SBE credit will only be given for Items which the SBE -M/WBE Subcontractor are SBE certified to perform. Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: TO: PROJECT NAME: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a - (check one or more, as applicable): Small Business Enterprise Black Hispanic Women Date of Palm Beach County Certification: Minority Business Enterprise Caucasian Other (Please Specify) The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Lot No. Item Description at the following price or percentage (Subcontractor's quote) Total Price/ Qty /Units Unit Price Percentage and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non -SBE subcontractor, please list the name of the subcontractor and the amount below. Price or Percentage (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work listed without subcontracting to non - certified SBE or any other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. (Print name of SBE -MMBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of SBE /M/WBE Subcontractor Revised 10/11/2011 Date: a CL IW N O a z 0 M n -n C a� � a s� a 0 CD a CL a w a w M a 3 0 m9 ic a M 3 a a Q lb a a m a a CL ao m r. z a Q. O a a O C O rt a a a a 0 m CO a CD IM I m m C 0 m M z rn 3 o � Co CD o Q c � � co J. Fr CD Q M io NQcAy m =`c wo = m �� fA 0 0 1C CL 0 0 = _ m ea3��m�'. �aa u�m = �*cen W � - 0 � C. CPa =� COB -0 C.3 kv MC'KaO m;^n3'� .. w yea 0 z E- C r. a a Q. ri ov � � _. 3 Rim c CD a cr o 00 00a °'a 0NoQ � 3 rt�3�a 0w0 c.0 O m :r W C 0 oaf �73a0 z a� W O n 0 0 _ = = = M Co CD b1W0 O c mm�� 2L ;I a- m . 'C MM=CD Fr = S .r cr N yR,°10m W ic me�"J+ a =� fC -m ym O - M M 0 3cr 0 C 00 fC` O m2 0 a� a =o O eu 00 = CD r. 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'an b (D = 7 IMA Cr 0 mr` O 0 ` � 5 rl a r.m mMa O L m 0 M 0 O z 0 O X O `m 1 M ao M D 0 m O X 9 O z 2 M z 0 W m 30 y Wa >0 I Ca 4m 40 C4 i T M to O w l.J -mom Uv C 0055' Alor A pP l y Page 20 OSBA SCHEDULE 4 - SBE -M /WBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm Beach County to reflect actual payments made to the SBE -M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE -M /WBE Subcontractor unless it has made a payment to the SBE -M /WBE Subcontractor. The SBE -M /WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE -M /WBE Subcontractor. A separate Schedule 4 is required for each SHE -M /WBE Subcontractor payment. This is to certify that . received (Monthly) or (Final) payment of $ On from MM DD YYYY For labor and /or materials used on DEPT.: PROJECT NO.: PRIME CONTRACTOR VENDOR CODE: (SBE or M /WBE Subcontractor Name) (Prime Contractor Name) (Project Name) (Work Order) SBE OR M /WBE SUBCONTRACTOR VENDOR CODE: If the SBE Subcontractor intends to disburse any funds associated with this payment to any Subcontractor for labor and /or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid- *Notes If the subcontractor listed in this section is an SBE or X /WB8 a separate schedule 4 is required to verify payment. By: (Signature of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this By: (Print Name & Title of Person executing on behalf of Subcontractor) day of Notary Public, State of Florida , 20 Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Rev. 5 Last updated: 11/18/11 Memorandum of Insurance (MOI) Memorandum of Insurance MEMORANDUM OF INSURANCE DATE 21 -Jun -2013 This Memorandum Is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed wlthin an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh Is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https: / /online. marsh. com /marshconnectpublic/marsh2 /public /moi ?client = 900000957. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such Information. PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA Inc. Co. A Zurich American Insurance Company („Marsh „) INSURED co. B American Zurich Insurance Company American Air Liquide Inc., Air Liquide USA LLC Co. C 2700 Post Oak Blvd. Suite 1800, Houston Texas 77056 Co, D United States OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY POLICY CO TYPE OF POLICY LIMITS EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS IN USD UNLESS OTHERWISE INDICATED A GENERAL GLO 9486556- 01 -JUN -2013 01 -JUN -2014 GENERAL USD6,000,000 LIABILITY 02 AGGREGATE PRODUCTS - COMP/Op USD6,000,000 AGO PERSONAL AND ADV USD2,000,000 INJURY EACH OCCURRENCE U4S'D2,000,000 FIRE DAMAGE (ANY USD2,000,000 ONE FIRE) MED EXP (ANY ONE USD1,000 PERSON) A AUTOMOBILE BAP 9486555- 01- JUN -2013 01 -JUN -2014 COMBINED SINGLE USD2,000,000 LIABILITY 02 LQKTT BODILY INJURY (PER PERSON) BODILY INJURY (PEA ACCMENT) PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURENCE AGGREGATE GARAGE AUTO ONLY (PER LIABILITY ACCIDENT) OTHER THAN AUTO ONLY: EACH ACCIDENT Pagel of 3 https:llonline. marsh. coml marshconnectpublic lmarsh2lpublicl! utlplc5ldY3NcoIwFEafxQfo... 6/21/2013 Memorandum of Insurance (MOI) MEMORANDUM OF INSURANCE I 21- un E This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum, This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https: / /online. marsh. com/ marshconnectpublic /marsh2 /publfc /moi ?client= 900000957. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER INSURED Marsh USA Inc. American Air Liquide Inc., Air Liquide USA LLC ( "Marsh ") 2700 Post Oak Blvd. Suite 1800, Houston Texas 77056 United States ADDITIONAL INFORMATION Named Insureds on the above referenced policies include but are not limited to the following companies. <br h <br /> American Air Liquide Inc. <br /> American Air Liquide Holdings, Inc. <br />Air Liquide Helium America, Inc. <br />Air Liquide America L.P. <br t>AL America Holdings, Inc. <br />Air Liquide USA LLC <br /Air Liquide Industrial U.S. LP <br >Air Liquide Large Industries U.S. LP <br />Air Liquide Advanced Technologies U.S. LLC <br t>Air Liquide Electronics U.S. LP <br >Air Liquide Healthcare America Corporation <br >Air Liquide Process & Construction, Inc. Page 2 of 3 https:llonline. marsh .comlmarshconneetpublielmarsh2l public l!utlplc5ldY3NcoIwFEafxQfo... 6/21/2013 AGGREGATE B WORKERS WC 9486557- 01 -JUN -2013 01 -JUN -2014 B COMPENSATION! 02 (AOS) 01- JUN -2013 01 -JUN -2014 WORKERS COMP Statutory EMPLOYERS WC 9486559- LIMITS LLralLrrr 02 (WI) ELEACHACCIDENT USD2,000,000 THE HL DISEASE - POLICY USD2,000,000 PROPRIETOR / PARTNERS/ LIMIT EL DISEASE -EACH USD2,000,000 EXECUTIVE OFFICERS ARE EMPLOY Included The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications here to are not authorized. MEMORANDUM OF INSURANCE I 21- un E This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum, This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https: / /online. marsh. com/ marshconnectpublic /marsh2 /publfc /moi ?client= 900000957. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER INSURED Marsh USA Inc. American Air Liquide Inc., Air Liquide USA LLC ( "Marsh ") 2700 Post Oak Blvd. Suite 1800, Houston Texas 77056 United States ADDITIONAL INFORMATION Named Insureds on the above referenced policies include but are not limited to the following companies. <br h <br /> American Air Liquide Inc. <br /> American Air Liquide Holdings, Inc. <br />Air Liquide Helium America, Inc. <br />Air Liquide America L.P. <br t>AL America Holdings, Inc. <br />Air Liquide USA LLC <br /Air Liquide Industrial U.S. LP <br >Air Liquide Large Industries U.S. LP <br />Air Liquide Advanced Technologies U.S. LLC <br t>Air Liquide Electronics U.S. LP <br >Air Liquide Healthcare America Corporation <br >Air Liquide Process & Construction, Inc. Page 2 of 3 https:llonline. marsh .comlmarshconneetpublielmarsh2l public l!utlplc5ldY3NcoIwFEafxQfo... 6/21/2013 Memorandum of Insurance (MOI) <br >Air Liquide Technical Services LLC <br >Lurgi, Inc. <br />Air Liquide America Specialty Gases LLC <br />ALPC Mexico LLC <br >Air Liquide Holdings LLC <br >Air Liquide LLC <br />Progressive Resources, Inc. <br />WellGen Services, LLC <br />Plains Nitrogen, LLC <br t> <br h The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized. Page 3 of 3 https:llonline. marsh .comlmarshconnectpubliclmarsh2l public l!utIple5ldY3NcoIwFEafxQfo... 6/21/2013 F 13 AIR LI MATERIAL SAFETY DATA SHEET to V S. Canadian 1. PRODUCT AND COMPANY INFORMATION CHEMICAL NAME; CLASS: CARBON DIOXIDE SYNONYMS: Carbon Anhydride, Carbonic Acid Gas, Carbonic Anhydride, Carbon Dioxide USP CHEMICAL FAMILY NAME: Acid Anhydride FORMULA: CO2 Document Number: 50007 Note: This Material Safety Data Sheet is for Carbon Dioxide supplied in cylinders with 33 cubic feet (935 liters) or less gas capacity (DOT - 39 cylinders). For Carbon Diaodde in large cylinders refer to Document Number 10039. PRODUCT USE: MANUFACTURED/SUPPLIED FOR: Calibration of Monitoring and Research Equipment AIR LIQUIDE i ADDRESS: 821 Chesapeake Drive Cambridge, MD 21613 EMERGENCY PHONE: CHEMTREC: 1- 800 - 424 -9300 BUSINESS PHONE: 1 -410- 228 -6400 General MSDS Information 1- 7131868 -0440 Fax on Demand: 1- 8001231 -1366 CARBON DIOXIDE - CO, MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 1 OF 9 2. HAZARD IDENTIFICATION EMERGENCY OVERVIEW: Carbon Dioxide is a colorless, odorless, non - flammable gas. Over -exposure to Carbon Dioxide can increase respiration and heart rate, possibly resulting in circulatory insufficiency, which may lead to coma and death. At concentrations between 2 -10 %, Carbon Dioxide can cause nausea, dizziness, headache, mental confusion, increased blood pressure and respiratory rate. Exposure to Carbon Dioxide can also cause asphyxiation, through displacement of oxygen. If the gas concentration reaches 10% or more, suffocation can occur within minutes. Moisture in the air could lead to the formation of carbonic acid which can be irritating to the eyes. bTMr1 Vmb Ur ClvkR- EAPO31URE BY ROUTE OF EXPOSURE: The most significant routes of over -exposure for this gas are by inhalation, and contact with the cryogenic liquid. INHALATION: Due to the small size of an individual cylinder of this product, no unusual health effects from exposure to the product are anticipated under routine circumstances of use. If this product is released in a small, poorly ventilated area (i.e, an enclosed or confined space), and if the concentration of Carbon Dioxide reaches 10% or more, suffocation can occur within minutes. At concentrations between 2 -10 %, Carbon Dioxide can cause nausea, dizziness, headache, mental confusion, increased blood pressure and respiratory rate. Carbon dioxide is an asphyxiant. Carbon Dioxide initially stimulates respiration and then causes respiratory depression. High concentrations result in narcosis. Symptoms in humans are as follows: CARBON DIOXIDE CONCENTRATION EFFECT 1% Slight increase in breathing rate. 2% Breathing rate increases to 50% above normal level. Prolonged exposure can cause headache, tiredness. 3% Breathing increases to twice normal rate and becomes labored. Weak narcotic effect. Impaired gearing, headache, increase in blood pressure and pulse rate. 4 -5% Breathing increases to approximately four times normal rate, symptoms of intoxication become evident and slight choking may be felt. 5 -10% Characteristic sharp odor noticeable. Very labored breathing, headache, visual impairment and ringing in the ears. Judgment may be impaired, followed within minutes by loss of consciousness. 50 -100% Unconsciousness occurs more rapidly above 10% level. Prolonged exposure to high concentrations may eventually result in death from asphyxiation. High concentrations of this gas can also cause an oxygen - deficient environment. However, the asphyxiating properties of Carbon Dioxide will be reached before oxygen-deficiency is a factor. CONTACT WITH SKIN or EYES: High concentrations of this gas in air may cause eye irritation with symptoms such as pain, redness, and tearing. Prolonged contact of high concentrations with the eyes can cause damage to the retinal ganglion cells. HEALTH EFFECTS OR RISKS FROM EXPOSURE: An Explanation in Lay Terms. Over - exposure to Carbon Dioxide may cause the following health effects: ACUTE: Due to the small size of the individual cylinder of this product, no unusual health effects from exposure to the product are anticipated under routine circumstances of use. The most significant hazard associated with this gas that Carbon Dioxide is an asphyxiant. Inhalation of Carbon Dioxide can cause nausea, dizziness, headache, mental confusion, increased blood pressure and respiratory rate. High concentrations of the gas in air may cause eye irritation. Contact with the eyes can cause damage to the retinal ganglion cells. CHRONIC: There are currently no known adverse health effects associated with chronic exposure to this gas. TARGET ORGANS: ACUTE: Respiratory system, CNS system and eyes. CHRONIC: None known. CARBON DIOXIDE - COZ MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 2OF9 3. COMPOSITION and INFORMATION ON INGREDIENTS CHEMICAL NAME CAS # mole % EXPOSURE LIMITS IN AIR ACGIH -TLV OSHA -PEL NIOSH OTHER TWA STEL TWA STEL IDLH m DDM ppm ppm I ppm porn Carbon Dioxide 124-38 -9 > 99.5% 5000 30,000 5000 30,000 40,000 NIOSH RELs: 10,000 (Vacated TWA = 5000 (Vacated 1989 PEL) STEL = 30,000 1989 PEL) DFG MAKs: TWA = 5000 PEAK = 2•MAK, 60 min., momentary value Maximum Impurities < 0.5% None of the trace impurities in this product contribute significantly to the hazards associated with the product. All hazard information pertinent to this product has been provided in this Material Safety Data Sheet, per the requirements of the OSHA Hazard Communication Standard (29 CFR 1910.1200) and State equivalents standards. This material is classified as hazardous under OSHA regulations in the United States and the WHMIS in Canada. NE = Not Established. See Section 16 for Definitions of Terms Used. NOTE (1): ALL WHMIS required Information is Included in appropriate sections based on the ANSI Z400.1 -2004 format. This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR. 4. FIRST -AID MEASURES RESCUERS SHOULD NOT ATTEMPT TO RETRIEVE VICTIMS OF EXPOSURE TO THIS PRODUCT WITHOUT ADEQUATE PERSONAL PROTECTIVE EQUIPMENT. At a minimum, Self- Contained Breathing Apparatus equipment should be worn. Victim(s) who experience any adverse effect after over- exposure to this product must be taken for medical attention. Rescuers should be taken for medical attention, if necessary. Take copy of label and MSDS to physician or other health professional with victim(s). No unusual health effects are anticipated after exposure to this product, due to the small cylinder size. If any adverse symptom develops after over - exposure to this product, remove victim(s) to fresh air, as quickly as possible. Trained personnel should cardio- pulmonary resuscitation, if necessary. Supplemental oxygen is not normally appropriate. EYE EXPOSURE: If irritation of the eye develops after exposure to liquid or gas, open victim's eyes while under gentle running water. Use sufficient force to open eyelids. Have victim "roll' eyes. Minimum flushing is for 15 minutes. Seek medical assistance immediately, preferably an ophthalmologist. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: Pre - existing respiratory conditions may be aggravated by over - exposure to this product. Persons with chronic obstructive pulmonary disease can retain carbon dioxide abnormally. If oxygen is administered to such persons, raising the oxygen concentration in the blood depresses the breathing rate and raises the retained carbon dioxide levels in the blood to a dangerous level in these persons. RECOMMENDATIONS TO PHYSICIANS. Treat symptoms and reduce over -exposure. 1 5. FIRE - FIGHTING MEASURES FLASH POINT: Not applicable. AUTOIGNITION TEMPERATURE: Not applicable. FLAMMABLE LIMITS (in air by volume, %): Lower (LEL): Not applicable. Under (UEL): Not applicable. FIRE EXTINGUISHING MATERIALS: Carbon Dioxide is commonly used as an extinguishing agent, and therefore, should not present a problem when trying to control a blaze. Use extinguishing media appropriate for surrounding fire. UNUSUAL FIRE AND EXPLOSION HAZARDS: Carbon Dioxide does not bum; however, containers, when involved in fire, may rupture or burst in the heat of the fire. Dusts of various reactive metals (e.g.: magnesium, zircon, titanium alloys), are readily ignited and explode in the presence of Carbon Dioxide. In the presence of moisture, cesium oxide ignites on contact with Carbon Dioxide. Metal acetyiides or hydrides will also ignite or explode. Pressure in a container can build -up due to heat and it may rupture if pressure relief devices should fail to function. EXplosion Sensitivity to Mechanical Impact: Not Sensitive. Explosion Sensitivity to Static Discharge: Not Sensitive. SPECIAL FIRE - FIGHTING PROCEDURES: Structural fire - fighters must wear Self- Contained Breathing Apparatus and full protective equipment. CARBON DIOXIDE - CO, MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 3OF9 6. ACCIDENTAL RELEASE MEASURES LEAK RESPONSE: Due to the small size of the cylinder, an accidental release of this product presents significantly less risk than a similar release from a larger cylinder. However, as with any chemical release, extreme caution must be used during emergency response procedures. In the event of a release in which the atmosphere is unknown, and in which other chemicals are potentially involved, evacuate immediate area. Uncontrolled releases should be responded to by trained personnel using pre - planned procedures. Proper protective equipment should be used. In case of a spill, clear the affected area, protect people, and respond with trained personnel. Locate and seal the source of the leaking gas. Allow the gas, to dissipate. Monitor the surrounding area for Carbon Dioxide and oxygen levels. The level of Carbon Dioxide must be below 3 %, and the atmosphere must have at least 19.5 percent oxygen before personnel can be allowed in the area without Self- Contained Breathing Apparatus. 7. HANDLING AND STORAGE WORK PRACTICES AND HYGIENE PRACTICES: Be aware of any signs of dizziness or fatigue; exposures to fatal concentrations of this product could occur without any significant warning symptoms. STORAGE AND HANDLING PRACTICES: Cylinders should firmly secured to prevent falling or being knocked over. Cylinders must be protected from the environment, and preferably kept at room temperature approximately 210C, 70 °F. Cylinders should be stored in dry, well - ventilated areas away from sources of heat, ignition and direct sunlight. Protect cylinders against physical damage. Isolate from other non compatible chemicals (refer to Section 10, Stability and Reactivity). Consider installation of leak detection and alarm for storage and use areas. Have appropriate extinguishing equipment in the storage area ( i.e. sprinkler system, portable fire extinguishers). Use a check valve in the discharge line to prevent hazardous backflow. Never tamper with cylinders. Full and empty cylinders should be segregated. Use a first -in, first -out inventory system to prevent full containers from being stored for long periods of time. These cylinders are not refillable. WARNINGI Do not refill DOT 39 cylinders. To do so may cause personal injury or property damage. SPECIAL PRECAUTIONS FOR HANDLING GAS CYLINDERS: WARNINGI Compressed gases can present significantly safety hazards. During cylinder use, use equipment designed for these speck cylinders. Ensure all lines and equipment are rated for proper service pressure. PROTECTIVE PRACTICES DURING MAINTENANCE OF CONTAMINATED EQUIPMENT: Follow practices indicated in Section 6 (Accidental Release Measures). Make certain application equipment is locked and tagged -out safely. Purge gas handling equipment with inert gas (i.e. nitrogen) before attempting repairs. Always use product in areas where adequate ventilation is provided. 8. EXPOSURE CONTROLS - PERSONAL PROTECTION VENTILATION AND ENGINEERING CONTROLS: Use with adequate ventilation. Local exhaust ventilation is preferred, because it prevents dispersion of this gas into the work place by eliminating it at its source. If appropriate, install automatic monitoring equipment to detect the levels of Carbon Dioxide and of oxygen. RESPIRATORY PROTECTION: Maintain Carron Dioxide level below 3% and oxygen levels above 19.5% in the workplace. Use supplied air respiratory protection if Oxygen levels are below 19.5 %, or unknown, during emergency response to a release of this product. If respiratory protection is needed, use only protection authorized in the U.S. Federal OSHA Standard (29 CFR 1910.134), applicable U.S. State regulations, or the Canadian CSA Standard Z94.4 -93 and applicable standards of Canadian Provinces. Oxygen levels below 19.16.33% are considered IDLH by OSHA. In such atmospheres, use of a full - facepiece pressure/demand SCBA or a full facepiece, supplied air respirator with auxiliary self - contained air supply is required under OSHA's Respiratory Protection Standard (1910.134- 1998). The following NIOSH respiratory protection equipment guidelines for Carbon Dioxide in air are provided for additional information. CARBON DIOXIDE CONCENTRATION RESPIRATORY PROTECTION Up to 40,000 ppm: Any Supplied -Air Respirator (SAR), or any Self- Contained Breathing Apparatus (SCBA) with a full facepiece. Emergency or Planned Entry into Unknown Concentrations or IDLH Conditions: Any SCBA that has a full facepiece and is operated in a pressure - demand or other positive- pressure mode, or any SAR that has a full facepiece and is operated in a pressure- demand or other positive - pressure mode in combination with an auxiliary SCBA operated in pressure - demand or other positive - pressure mode. Escape: Any appropriate escape -type, SCBA. CARBON DIOXIDE - CO, MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 4 OF 9 8. EXPOSURE CONTROLS - PERSONAL PROTECTION (Continued) EYE PROTECTION: Safety glasses. If necessary, refer to U.S. OSHA 29 CFR 1910.133 or appropriate Canadian Standards. HAND PROTECTION: No special protection is needed under normal circumstances of use. If necessary, refer to U.S. OSHA 29 CFR 1910.138 or appropriate Standards of Canada. BODY PROTECTION: No special protection is needed under normal circumstances of use. If a hazard of injury to the feet exists due to falling objects, rolling objects, where objects may pierce the soles of the feet or where employee's feet may be exposed to electrical hazards, use foot protection, as described in U.S. OSHA 29 CFR 1910.136. S. PHYSICAL and CHEMICAL PROPERTIES GAS DENSITY @ 70 °F (21,1 °C) and 1 atm. 0.1144 Iblft3 (1.833 kg/m3) BOILING POINT: - 78.5 °C (- 109.3 °F) FREEZING/MELTING POINT: (sublimation temperature) - 78.5 °C (- 109.3 °F) SPECIFIC GRAVITY (air= 1) @700F (21,1 0C): 1.522 pH: Not applicable. SOLUBILITY IN WATER vol/vol 68 °F (20 °C) and 1 atm: 0.90 MOLECULAR WEIGHT: 44.01 EVAPORATION RATE (nBuAc =1): Not applicable. EXPANSION RATIO: Not applicable. ODOR THRESHOLD: Not applicable. SPECIFIC VOLUME (fellb): 8.76 VAPOR PRESSURE @ 70 °F (21.1 °C) (prig): 838 psig (5778 kPa) COEFFICIENT WATERIOIL DISTRIBUTION: Not applicable. APPEARANCE, ODOR AND COLOR: This product is a colorless, odorless gas. HOW TO DETECT THIS SUBSTANCE (warning properties): There are no unusual warning properties associated with a release of this product. I 10. STABILITY and REACTIVITY STABILITY: Stable under conditions of normal temperature and pressure. DECOMPOSITION PRODUCTS: None. MATERIALS WITH WHICH SUBSTANCE IS INCOMPATIBLE: Carbon Dioxide will ignite and explode when heated with powdered aluminum, beryllium, cerium alloys, chromium, magnesium - aluminum alloys, manganese, thorium, titanium, and zirconium. In the presence of moisture, Carbon Dioxide will ignite with cesium oxide. Metal acetylides will also ignite and explode on contact with Carbon Dioxide, HAZARDOUS POLYMERIZATION: Will not occur. CONDITIONS TO AVOID: Avoid exposing cylinders of Carbon Dioxide to extremely high temperatures, which could cause the cylinders to rupture or burst. I I. TOXICOLOGICAL INFORMATION TOXICITY DATA: Carbon Dioxide gas is an asphyxiant gas, which has physiological effects at high concentrations. LCLo (Inhalation- Human) 9 pph15 minutes TCLo (Inhalation -Rat) 6 pph/24 hours: female TCLo (Inhalation- Mouse) 55 pph14 hours: LCLo (Inhalation - Mammal - species 10 day(s) after conception: Reproductive: male 6 day(s) pre - mating: Reproductive: unspecified) 90000 ppm15 minutes Effects on Newborn: growth statistics Fertility: male fertility index (e.g. # males TCLo (Inhalation -Rat) 10000 ppm 24 (e.g. %, reduced weight gain) impregnating females per # males exposed hoursldays- continuous: Blood: other TCLo (Inhalation - Rabbit) 13 pph14 hours: to fertile non - pregnant females) changes female 9-12 day(s) after conception: TCLo (Inhalation- Mouse) 2 pphl8 hours: TCLo (Inhalation -Rat) 6 pph124 hours: female Reproductive: Specific Developmental female 10 day(s) after conception: 10 day(s) after conception: Reproductive: Abnormalities: musculoskeletal system Reproductive: Fertility: post - implantation Specific Developmental Abnormalities: TCLo (Inhalation - Mouse) 55 pph12 hours: mortality (e.g. dead andlor resorbed musculoskeletal system, cardiovascular male 3 day(s) pre- mating: Reproductive: implants per total number of implants); (circulatory) system, respiratory system Paternal Effects: spermatogenesis (incl. Specific Developmental Abnormalities TCLo (Inhalation - Rabbit) 27,000 ppml24 genetic material, sperm morphology, hours130 days - continuous: Behavioraf: motility, and count) somnolence (general depressed activity) SUSPECTED CANCER AGENT: Carbon Dioxide is not found on the following lists: FEDERAL OSHA Z LIST, NTP, CALIOSHA, IARC, and therefore is not considered to be, nor suspected to be a cancer- causing agent by these agencies. IRRITANCY OF PRODUCT: Contact with rapidly expanding gases can cause frostbite and damage to exposed skin and eyes. SENSITIZATION OF PRODUCT: Carbon Dioxide is not a sensitizer. CARBON DIOXIDE - CO, MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 6 OF 9 11. TOXICOLOGICAL INFORMATION (Continued) REPRODUCTIVE TOXICITY INFORMATION: Listed below is information concerning the effects of Carbon Dioxide on the human reproductive system. Mutagenicity: Carbon Dioxide has not been reported to cause mutagenic effects in humans. Emb otoxc : Carbon Dioxide has not been reported to cause embryotoxic effects in humans. Teratooenicify: Carbon Dioxide has not been reported to cause teratogenic effects in humans. Clinical studies involving test animals exposed to high concentrations of Carbon Dioxide indicate teratogenic effects. Reproductive Toxicity: Carbon Dioxide has not been reported to cause adverse reproductive effects in humans. Clinical studies involving test animals exposed to high concentrations of Carbon Dioxide indicate reproductive effects. A mufacren is a chemical which causes permanent changes to genetic material (DNA) such that the changes will propagate through generation lines. An emb otoxin is a chemical which causes damage to a developing embryo (i.e. within the first eight weeks of pregnancy in humans), but the damage does not propagate across generational lines. A teratogen is a chemical which causes damage to a developing fetus, but the damage does not propagate across generational lines. A reproductive toxin is any substance which interferes in any way with the reproductive process. BIOLOGICAL EXPOSURE INDICES (BEIs): Currently, Biological Exposure Indices (BEls) have not been determined for Carbon Dioxide. I 12. ECOLOGICAL INFORMATION I ENVIRONMENTAL STABILITY: The gas will be dissipated rapidly in well - ventilated areas. EFFECT OF MATERIAL ON PLANTS or ANIMALS: Due to the small cylinder size, no adverse effect on animals or plants is anticipated if one cylinder of this product is released. EFFECT OF CHEMICAL ON AQUATIC LIFE. No evidence is currently available on the effects of this gas on aquatic life. 1 13. DISPOSAL CONSIDERATIONS I PREPARING WASTES FOR DISPOSAL: Waste disposal must be in accordance with appropriate U.S. Federal, State, and local regulations and those of Canada and its Provinces. Return cylinder; with any residual product to Air Liquide. Do not dispose of locally. For emergency disposal, secure the cylinder and slowly discharge the gas to the atmosphere in a well - ventilated area or outdoors, away from all sources of icnition. 1 14. TRANSPORTATION INFORMATION THIS GAS IS HAZARDOUS AS DEFINED BY 49 CFR 172.101 BY THE U.S. DEPARTMENT OF TRANSPORTATION. PROPER SHIPPING NAME: Carbon dioxide HAZARD CLASS NUMBER and DESCRIPTION: 2.2 (Non - Flammable Gas) UN IDENTIFICATION NUMBER: UN 1013 PACKING GROUP: Not applicable. DOT LABEL(S) REQUIRED: Class 2.2 (Non - Flammable Gas) NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK NUMBER (2000): 120 MARINE POLLUTANT: Carbon Dioxide is not classified by the DOT as a Marine Pollutant (as defined by 49 CFR 172.101, Appendix B). SPECIAL SHIPPING INFORMATION: Cylinders should be transported in a secure position, in a well- ventilated vehicle. The transportation of compressed gas cylinders in automobiles or in closed -body vehicles can present serious safety hazards. If transporting these cylinders in vehicles, ensure these cylinders are not exposed to extremely high temperatures (as may occur in an enclosed vehicle on a hot day). Additionally, the vehicle should be well - ventilated during transportation. NOTE: DOT 39 Cylinders ship in a strong outer carton (overpack). Pertinent shipping information goes on the outside of the overpack. DOT 39 Cylinders do not have transportation information on the cylinder itself. TRANSPORT CANADA TRANSPORTATION OF DANGEROUS GOODS REGULATIONS: This gas is considered as Dangerous Goods, per regulations of Transport Canada. PROPER SHIPPING NAME: Carbon dioxide HAZARD CLASS NUMBER and DESCRIPTION: 2.2 (Non - Flammable Gas) UN IDENTIFICATION NUMBER: UN 1013 PACKING GROUP: Not Applicable HAZARD LABEL: Class 2.2 (Non - Flammable Gas) SPECIAL PROVISIONS: None EXPLOSIVE LIMIT AND LIMITED QUANTITY INDEX: 0.12 ERAP INDEX: None CARBON DIOXIDE - CO2 MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 6OF9 I 14. TRANSPORTATION INFORMATION (Continued) PASSENGER CARRYING SHIP INDEX: None PASSENGER CARRYING ROAD VEHICLE OR PASSENGER CARRYING RAILWAY VEHICLE INDEX: 75 NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK NUMBER (2000): 120 NOTE: Shipment of compressed gas cylinders via Public Passenger Road Vehicle is a violation of Canadian law (Transport Canada Transportation of Dangerous Goods Act, 1992). I 15. REGULATORY INFORMATION I ADDITIONAL U.S. REGULATIONS: U.S. SARA REPORTING REQUIREMENTS: This gas is not subject to the reporting requirements of Sections 302, 304 and 313 of Title III of the Superfund Amendments and Reauthorization Act., as follows: U.S. SARA THRESHOLD PLANNING QUANTITY: There are no specific Threshold Planning Quantities for this gas. The default Federal MSDS submission and inventory requirement filing threshold of 10,000 lb (4,540 kg) may apply, per 40 CFR 370.20. U.S. TSCA INVENTORY STATUS: Carbon Dioxide is listed on the TSCA Inventory. U.S. CERCLA REPORTABLE QUANTITIES (RQ): Not applicable. U.S. STATE REGULATORY INFORMATION: Carbon Dioxide is covered under the following specific State regulations: Alaska - Designated Toxic and Hazardous Michigan - Critical Materials Register. No. Pennsylvania - Hazardous Substance List Substances: Carbon Dioxide. Minnesota - List of Hazardous Substances: Carbon Dioxide. California - Permissible Exposure Limits Carbon Dioxide. Rhode Island - Hazardous Substance List: for Chemical Contaminants: Carbon Missouri - Employer Informationrroxic Carbon Dioxide. Dioxide. Substance List Carbon Dioxide. Texas - Hazardous Substance List: No. Florida - Substance List: Carbon Dioxide. New Jersey - Right to Know Hazardous West Virginia - Hazardous Substance List: lilinols - Toxic Substance List: Carbon Substance List Carbon Dioxide. Carbon Dioxide. Dioxide. North Dakota - List of Hazardous Wisconsin - Toxic and Hazardous Kansas - Section 302!313 List: No. Chemicals, Reportable Quantities: No. Substances: Carbon Dioxide. Massachusetts - Substance List: Carbon Dioxide. OTHER U.S. FEDERAL REGULATIONS: • Generally recognized as safe (GRAS) as a direct human food ingredient when used as a leavening agent, processing aid, propellant, aerating agent and gas. • Carbon Dioxide USP is regulated by the FDA as a prescription drug. Depending on specific operations involving the use of this product, the regulations of the Process Safety Management of Highly Hazardous Chemicals may be applicable (29 CFR 1910.119). Under this regulation Carbon Dioxide is not listed in Appendix A. Carbon Dioxide does not contain any Class 1 or Class II ozone depleting chemicals (40 CFR part 82). Carbon Dioxide is not listed as a Regulated Substance, per 40 CFR, Part 68, of the Risk Management for Chemical Release Prevention. CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT (PROPOSITION 65): Carbon Dioxide is not on the California Proposition 65 lists. ADDITIONAL CANADIAN REGULATIONS: CANADIAN DSLINDSL INVENTORY STATUS: Carbon Dioxide on the Canadian DSL Inventory. CANADIAN ENVIRONMENTAL PROTECTION ACT (CEPA) PRIORITIES SUBSTANCES LISTS: Argon is not on the CEPA Priorities Substances List. CANADIAN WHMIS CLASSIFICATION: Carbon Dioxide is categorized as a Controlled Product, Hazard Class A, as per the Controlled Product Regulations. CARBON DIOXIDE - CO, MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 7OF9 HEALTH NFPA RATING OTHER REAcinV17Y 16. OTHER INFORMATION HAZARDOUS MATERIAL IDENTIFICATION SYSTEM HEALTH HAZARD (BLUQ 0 FLAIIf AMI-ITY HAZARD xi)) o PHYSICAL HAZARD mum o PROTECTIVE EQUIPMENT EYES RESMRATO7Y HANDS BODY See Section s For Routine Industrial Use and Handling Applications MIXTURES: When two or more gases or liquefied gases are mixed, their hazardous properties may combine to create additional, unexpected hazards. Obtain and evaluate the safety information for each component before you produce the mixture. Consult an Industrial Hygienist or other trained person when you make your safety evaluation of the end product. Remember, gases and liquids have properties which can cause serious injury or death. INFORMATION ABOUT DOT-39 NRC (Non - Refillable Cylinder) PRODUCTS DOT 39 cylinders ship as hazardous materials when full. Once the cylinders are relieved of pressure (empty) they are not considered hazardous material or waste. Residual gas in this type of cylinder is not an issue because toxic gas mixtures are prohibited. Calibration gas mixtures typically packaged in these cylinders are Nonflammable n.o.s., UN 1956. A small percentage of calibration gases packaged in DOT 39 cylinders are flammable gas mixtures. CARBON DIOXIDE - CO2 MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 8OF9 16. OTHER INFORMATION For disposal of used DOT -39 cylinders, It is acceptable to place them in a landfill if local laws permit. Their disposal is no different than that employed with other DOT containers such as spray paint cans, household aerosols, or disposable cylinders of propane (for camping, torch etc.). When feasible, we recommended recycling for scrap metal content. Air Liquide America will do this for any customer that wishes to return cylinders to us prepaid. All that is required is a phone call to make arrangements so we may anticipate arrival. Scrapping cylinders involves some preparation before the metal dealer may accept them. We perform this operation as a service to valued customers who want to participate. Further information about Carbon Dioxide can be found in the following pamphlets published by: Compressed Gas Association Inc. (CGA), 4221 Walney Road a floor, Chantilly, VA 20151 -2923. Telephone: (703) 788 - 2700. G -6 "Carbon Dioxide" G -6.1 "Standard for Low Pressure Carbon Dioxide Systems at Customer Sites" G -6.2 "Commodity Specification for Carbon Dioxide " G -6.3 "Carbon Dioxide Cylinder Filling and Handling Procedures" P -1 "Safe Handling of Compressed Gases in Containers" P -2.6 `Standard Density Data, Atmospheric Gases and Hydrogen" P -14 "Accident Prevention in Oxygen -Rich and Oxygen Deficient Atmospheres" SB -2 "Oxygen Deficient Atmospheres" AV -9 "Safe Handling and Storage of Compressed Gases" AV -7 "Characteristics and Safe Handling of Carbon Dioxide" "Handbook of Compressed Gases" PREPARED BY: CHEMICAL SAFETY ASSOCIATES, Inc. PO Box 3519, La Mesa, CA 91944 -3519 6191670 -0609 Fax on Demand � AIR LIQUIDE 1- 800/231 -1366 This Material Safety Data Sheet is offered pursuant to OSHA's Hazard Communication Standard, 29 CFR, 1910.1200. Other government regulations must be reviewed for applicability to this product. To the best of Air Liquide's knowledge, the information contained herein is reliable and accurate as of this date; however, accuracy, suitability or completeness are not guaranteed and no warranties of any type, either express or implied, are provided. The information contained herein relates only to this specific product. If this product is combined with other materials, all component properties must be considered. Data may be changed from time to lime. Be sure to consult the latest edition. CARBON DIOXIDE - COz MSDS EFFECTIVE DATE: AUGUST 31, 2005 PAGE 9 OF 9 QAIR UQUlDE PURITY SPECIFICATIONS - BULK SALES Food Grade Carbon Dioxide 2B- INDSAL- QUA - 0036 -S, Revision 0, Effective Date: 11/12/2012 Product grade limiting characteristics listed concentration by volume unless otherwise stated. All test verification samples obtained from the liquid phase unless otherwise stated. Chemical Symbol Physical State in Container Minimum Purity Maximum Dew Point Water Total Hydrocarbons (as Methane) Oxygen Carbon Monoxide Total Sulfur Content Carbonyl Sulfide Hydrogen Sulfide Sulfur Dioxide Nitric Oxide + Nitrogen Dioxide Acetaldehyde Nonvolatile Residues Odor / Taste Meets or Exceeds CGA G-6.22011 COz Liquid 99.5% - 68 OF 20 ppm 50 ppm 50 ppm 10 ppm 0.5 ppm 0.5 ppm 0.5 ppm (obtained from the vapor phase) 5 ppm 5 ppm (total) 0.5 ppm 10 ppm (by weight) Free of foreign odor or taste (in water solution) Quality Verification Levels G, H American Air Liquide Holdings, Inc. and its US subsidiaries, as applicable ( "Air Liquide") disclaim all liability in connection with the use of any Product. The Customer's sole remedy if the Product does not conform to these specifications is to return the Product for refund or replacement. WITHOUT LEMTTING THE FOREGOING, AIR LIQUIDE SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DRUGS DEVICES AND COSMETICS (850) 4871395 ' 1940 NORTH K61kROE STREET +re TALLAHASSEE 'FL 32399 -0783 AIR LI UZDE INDUSTRIAL U 8 LP P O BOX 460229 QUALITY & REGULATORY AFFAIRS HOUSTON TX 77056 G Congratuiationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business In order to serve you better; For Information about our services, please log onto www.myfloridalicanse.com. There you can find more Information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the DepartmenCs Initiatives. Our mission at the Department Is: License Efficlently, Regulate Falydy. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your now licensel .•gait. � A1f^.�. =ly Expira A �~F DETACH HERE T✓ h,' a `is.: •3= *y, n1.cPi,Ay Aq RF 381 ootajj .�a 499 :r• Y��. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DRUGS, DEVICES AND COSMETICS {850) 487 -1395 1940 NORTH MONROE STREET .� TALLAHASSEE FL 32399 -0783 AIR LT VIDE INDUSTRIAL U.S. LP 2700 POST OAK BLVD SUITE 325 ATTN: BARBARA BATE /QUALITY & REG AFFAIRS HOUSTON TX 77056 Congratulations! With #his license you become one a #the nearly one million Bp; ° TE }�+SI�S e� Floridians Ifcensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from -;.. :.;'. boxers to barbeque restaurants, and they keep Florida's economy sarong._. __ Qf320i ''' �3t0000011 Every day we work to improve the way we do business in order to serve you better, :� ;. For information about our services, please log onto www.myfloddalicanse.com. ; � =i�Ft Dal r �` : `'' There you can find more lnformation about our divisions and the regulations that >;{ r� �U II.' .. ZIP � V, Impact you, subscribe to department newsletters and learn more about the..?:_ }, ,% fi , Department's Initiatives. q •h ,` at Our mission at the Department Is: License Efficiently, Regulate Fairly. We constantly strive too serve you better so that you can serve your customers. ;, .`' �� y 4RLGI$� yr6igi Thank u for doing business in n co ratulatlons on our new license! ,,. ;i4� ase. ��ru- 'r.•0_f iax�9ioQ�i ;; )ro S Florida, � � Y �h. �c =,c �;:�;'?�' •�'`,.f:H :i�.`f�3i �". � �r_;�> cal' DETACH HERE .. BACKGROUND {{' 'pi? frs;{ t4;.. Al .!' ci t�ru. %a sS ¢F4 >,. ' �=, .' =r bl rP RTmk : nn'� a 30. 1 s9. riD..: � ' . t G'i7 ,ATION . :a`� czE f 5 �� 1. 1" .5 i/. t_ °sw+' t �' '� LJ !i'' ;�; }. r a/y... } aS�Q L1,2 , :. ,:� 'i_,..�..` .ex+1i�: .;,'�', <: ICENSR � A�;'•S, ter. .. +L...• a e. ;D = O.00D.i'0 3•: j05i :? _ '' `._sus•;; f.. ;�-- .i.,l?`.h' ���P° �t�'l�r {�' G�S`.t~ fi���;�P� • - _ '�' ,�< ?� �; ;.: ��� e� � - ' . i try '-- pi 3Is&O, Q�`'.���� Sxpi.rati i' date: JLTTa. 31, 2 014 ,;... ,: (I�':f -? �hx .L 4.i`•�' {,''a till, n. ;:,.;,,•...,',t: ORLAND 328 =,:. x'�', "ft_:,Y•,' x•7., ,; r` °v. •�:�af .f; .. •} it, G s' g , T if• w= y, f. . . �: = ' p -:_ s � iti); :.: : ' t sac 'r f +�� .. ° ..i. F•'_ . - _t {t.. .. . . ; i _ _ ms4trs, ti: �r_ : , ,r-r`.• ? ; e•� ' d r :':`•` i� n . '.<, r d.•r sSF.�? k i:. f ;�1k>> _ 7 . . ?'�.s C ` t _'(i I} •r ; r -;�s F, KEN LAWSO.. N {!• SECRETARY EMOR ril PY AS R=SURED'B LAW .. ..� . :.. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DRUGS, DEVICES AND COSMETICS 1940 NORTH MONROE STREET TALLAHASSEE FL 33399-0783 AIR LT VIDE INDUSTRIAL U S LP P 0 BOX 460229 QUALITY & REGULATORY AFFAIRS HOUSTON TX 77056 Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to some you better. For Information about our services, please log onto www.myfloridallcense.com. There you can find more information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the ~, Departments Inklatives. Our mission at the Department is: License Efficiently, Regulate Fairly, We constantly strive to serve you better se that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! - L. DETACH HERE (850)' 487 -1395 dace CA a t _0F.:,,FLO 1 A..: .,, . :::: rA: ,.: -i� `iT \ {,55�•.. tx i4° i.'y }� j -•fa •Y -r _ •'t ";y :- LR RT dEN 0 `_ S$��� 'P]tGFEr,SBZC�>1T AiGbL-ATION .;.- ' �4 ?', ' ' ' E3• :s r -r %+ ' 'L R A'�j , °:` =' T �, V, 'C$'S =: 4�ND.:CQ,S T -X-CS - t . ..p . 3r r c' z•: = SEQ #Li. X0120QI35 ; S- r �? tnz:•' stf� ". T= { :. ASS, lr. . rya 2Q:s. ;�. unaer r ne; provieipna ot­ Chapt Expiration, date: ATW; 31, '2Q13 y sr.. =r'.. T ' f D#- °;+i OV ;CD+lA:[�.= :�7�� .�{ '�..- ORLAN� w&'> .3282 86-hoop" �DISPL'Al(xAS KEN LAWSON REQbtRED B1y LAW -" SECRETARY I _zl KEN LAWSON REQbtRED B1y LAW -" SECRETARY I N m m qlc m v FR r CD I 0 z -v cn I z n Z C D cn n V/ N a a m 1 m 0 a 0 G) O Z yd �R oar `\ W < mg Z Y O yn z L zND OV- A m?� Z m a U) UY O _r ol CO) z0C a ? > C7 CL Qa O d O :0 �■ r Q 0 rr vDA ,J 7Krn Q. ° H O r D • � m y N sn O m m qlc m v FR r CD I 0 z -v cn I z n Z C D cn n V/ N a a m 1 m 0 a 0 G) O Z oar `\ W < mg Z Y O yn z L zND OV- m?� Y m a U) UY O _r N -n z0C C7 CL f a X � m vDA ,J 7Krn 0 ur r D N sn O m m 14 CO 5F OD I �� o w Im A 12 o m c� N z o° 71 N N a O r r cr 0 RQ w m �Q CO Z N r. a 1 o c a 4 W CL 0 A. F. 0 0 m CL Q� N..L Detail by FEVEIN Number i etaii by FEVEIN Number R LIQUIDE INDUSTRIAL U.S. LP cument Number IIEIN Number to Filed B04000000357 900186946 08/18/2004 DE ACTIVE a POST OAK BLVD., SUITE 325 Alma Mireles JSTON. TX 77056 nged: 05/01/2013 O BOX 460149 ,TTN: ALMA MIRELES -23RD FLOOR TAX DEPT. OUSTON, TX 77056 05/04/2012 CAPITOL CORPORATE SERVICES, INC. 55 OFFICE PLAZA DR. UITE A ALLAHASSEE, FL 32301 Changed: 11/09/2006 & Address Number M04000003341 R LIQUIDE IC GP LLC '00 POST OAK BLVD., SUITE 325 )USTON, TX 77056 Report Year Filed Date Pagel of 3 http:// search. sunbiz. orglinquiry/ CorporationSearch/ SearchResultDetail lFeiNumberlforlp -b0... 7/2/2013 Detail by FEI/EiN Number 2011 01/10/2011 2012 05/04/2012 2013 05/01/2013 Page 2 of 3 05/01/2013 — ANNUAL REPORT View image in PDF format 05/04/2012 -- ANNUAL REPORT View image in PDF format 01/10/2011 --ANNUAL REPORT View image in PDF format 01/04/2010 -- ANNUAL REPORT[__ View image in PDF format 01/15/2009 -- ANNUAL REPORT View image in PDF format 05/07/2008 -- ANNUAL REPORT View image in PDF format 05/03/2007 — ANNUAL REPORT View image in PDF format '0511112006 -- ANNUAL REPORT View image in PDF format 04/30/2005 --ANNUAL REPORT View image in PDF format 08/18/2004 — Foreign LP L View image in PDF format Copyright ® and Privacy Policies State of Florida, Department of State http: / /search.sunbiz. orglInquiryl CorporationSearchI SearchResultDetail lFeiNumberlforlp -b0... 7/2/2013 Detail by FEI/EIN Number Page 3 of 3 http: / /search.sunbiz. orgl Inquiry/ CorporationSearch/ SearchResultDetail lFeiNumberlforlp -b0... 7/2/2013 AIR LIQUIDS December 10, 2013 City of Delray Beach Mr. Victor Majtenyi Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Majtenyi: Via E -Mail: majtenyi@mydelraybeach.com On behalf of Air Liquide Industrial U.S. LP, we are pleased to allow the City of Delray Beach to piggy- back on Palm Beach County bid number 13 -080 /SWC for the supply of carbon dioxide. The offered price is $0.0925 per pound delivered. No other charges will apply. The pricing offered is the lowest price equivalent to other governmental entities using like quantities of Product factoring in distance traveled from our source in Fort Meade, FL. All other terms and conditions as stated in the Bid documents will apply. Kindest Regard, ennifer oty Air Liquide Industrial U.S. LP Inside Sales, Southeast Region Email: jennifer.doty@airliguide.com Telephone: 225-754-0654 Facsimile: 225- 754 -0670 Air Liquide Industrial U.S. L.P. • 18222 East Petroleum Drive • Baton Rouge, LA 70809 Phone: 225.754.0600 • Fax: 225.754.0670 www.us.airliquide.com MEMORANDUM TO: Mayor and City Commissioners FROM: Clayton Gilbert, Building Maintenance Superintendent James Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E. Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: December 17, 2013 SUBJECT: AGENDA ITEM 8.12 - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 AWARD OF AIR CONDITIONING SERVICE, REPAIRS, AND PREVENTIVE MAINTENANCE CONTRACT ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award to Atlantic Refrigeration in the estimated amount of $57,732 to provide service, repairs, and preventive maintenance on various air conditioning systems throughout the City. This item was bid according to Ordinance No. 29 -13, the City's purchasing ordinance Section 36.02 (A), Sealed Competitive Method. BACKGROUND Bid # 2014 -10 was sent out for bid on November 3, 2013 with a due date of December 3, 2013. The bid opening generated the responses as follows: . Atlantic Refrigeration $57,732 . Master Mechanical Services $77,180 . Farmer and Irwin Statement of No Bid The service and repair portion of the contract is based on an estimated labor cost of one hundred seventy (170) hours per year plus percentage mark up on parts and materials for an estimated annual total of $28,215.00. The schedule of pricing for service and repairs are outlined on page 26 of the attached agreement. The preventive maintenance portion of the contract is for $29,517.00, which provides quarterly service on various air conditioning systems throughout the City; each department will be responsible for funding the costs of their equipment. The schedule of pricing for preventative maintenance items are outlined on page 28 of the attached agreement. Exhibit A is the bid tab showing both service and repair and preventative maintenance costs for all bidders. The City Commission may renew the contract for two (2) consecutive term(s) of one (1) year. FUNDING SOURCE The funding source for the service and repair costs will be from various departments within the City on an "as needed" basis. The funding source for the preventive maintenance will be provided by each department on a quarterly basis from their respective building maintenance accounts. RECOMMENDATION Public Works recommends approval of the bid award to Atlantic Refrigeration in the total amount of $57,732.00 ( includes service and repair costs in the amount of $28,215.00 and the preventive maintenance costs in the amount of $29,517.00). +� d `m c u. to O a� C7 0 ©ca ca o 0 0 0 0 C) Co °o 0 0 ca ca 0 o ca o 0 m a ci C� � uri ui u) o o 0 o o M � C� C� Lit 0 LO Q GS (D 64 C3 C] 4) VF} a) '� [-- ul 11 M o o � r SD LO le CO 'r t6 vi co m N le m ci z i 4a 4f3 44 It 4e) ta Z 6? W � � a j a C) 0 C] 0 0 o O o o O o o a Q o o a o a o 0 o cs� c� r� ca r��1} o ` 40 CO o C? L0 � Ca tai co N O M U) — � t- T Q Q to oi ti P.: N V) V iV C4 CV N Q 4f3 ER C) W W a. o a r Q Lu +� o N is Ci E 4w 0 cc i 0� a a. w � cl a a C� La 04 Q o a to 4 _ w Q �y Q a 33t � µ Qm 6 Ix. > z X W cl F O Ci C Q J Z O o - 0 � CC7 C E E ca E o q C� cm w O a W > OL 0 D g C m� - a a o o � a w J �. _ QD > ^� Qf li. E L U) � - z W -lid o .v t v UQ j -0 L g LW 0 p U 0Z a 0 W n v cc :U . C: 2 m cu N FQ - o -0 � W 2 cao t � O oo CL . ❑a D 0 ' 0 Z d _r Q w � Q C-� an Ci 0. psi co w — a llllli­� is, I . . ........... 11111 1] 4,111 ........... t . 1 100 NW 1°t AVENUE, DELRAY BEACH, FL 33444 Flo, I 0 USIA L Umu = 10 1 A MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICILSTEIN - ALJACQUET - SHELLY E. PETROLIA - ANGELETA GRAY - ADAMFRANKEL - LOUIE CHAPMAN, JR. Purchasing Dlvision*Finance Department +(561) 243- 7161/7163 *Fax (561) 243 -7166 ►. w 4 Invitation to Bid 1 General Conditions, Instructions and Information 2—S Indemnity /Hold Harmless Agreement 6 Cone Of Silence 7 Insurance Requirements 8 Insurance Form Samples 9-11 Standard Form of Agreement 12-16 Corporate Acknowledgment 17 Certificate (if Corporation) 16 Specifications 19-20 Detail Specifications 21-25 Schedule of Pricing — Air Conditioning Services & Repairs 26 Scope Of Work -» Preventative Maintenance 27 Schedule of Pricing — Preventative Maintenance 26 Drug Free Workplace Certification 29 References 30 Bid Signature Form 31 Statement of No Sid 32 Attachment" A " 33 Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 0 PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243 - 716117163 Fax: (561) 243.7166 BID No: 2014-10 DATE: November4,2013 Annual Contract SIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, December 03, 2013 @ 10:00 A.M,, at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and /or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. There will be on pro -bid conference held for this Invitation To Bid. All questions regarding this solicitation must be received in writing via email to nadalaamvdelraybeach.com or faxed to (561) 243- 7166. Answers will be given via addendum only. *No questions received after 2 :00 P.M. on Thursday, November 21, 2013, will be addressed. SEALED BIDS; Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME BID NUMBER TITLE AND DATE OF BID OPENING OPENING: It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND ONE 11 COPY OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from www,DemandStar.com, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall,100 N.W. 15 Avenue, Delray Beach, Florida, 33344 or by email request - nadal(@.mvdolravbeach.com AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All service /work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1st Avenue Delray Beach, Florida, 33444. Call Purchasing at 561 -243- 7161/7163 for information. "The City of Delray Beach, Florida reserves the right to accept and /or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. [aid No. 2014.10 Air Conditioning Service, Repairs and Preventative Maintenance GENERAL CONDITIONS9 INSTRUCTIONS AND INFORMATION 1, SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified; bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period, If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and /or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E, Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B, destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid, B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 51 BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 6. QUALITY. All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used In testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8, ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and /or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and /or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation, 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B, Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSII)ERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and /or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a Business Tax License before a Notice to Proceed will be issued. Please contact Donna Porter, Business Tax Specialist @ (561) 243.7209 for more information. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and /or Bond requirements, please contact the City's Risk Management Office at (661) 243 -7150. See page eight (8) for Insurance Requirements. A "sample" certificate has been attached. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 15. SPECIFICATIONS: A, For purposes of evaluation, bidder must indicate any variances from our specifications and /or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 16. &WARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's Interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17, TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government, Exemption certificates certified upon request, State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 18. FAILURE TO Bib: 1f you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boller Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Commission or designee (i.e. City Manager) may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ON (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services, Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A, Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award Is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches, 23, NON- DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall. include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 25. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation /termination of the contract, 26. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law, c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 27. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed in writing with the Purchasing Manager and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach, Purchasing Manager 100 NW 1st Avenue, Delray Beach, FL 33444. 28. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance INDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement, Contractor's Name A i(,1,W,' Ac ;aim Signature_ 416ei(ku P(f,0V1 —a (w) Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 6 COME OF SILENCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows, Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between; (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. �a-f Contractor's Name ignatu a Date Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance NNSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits 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, d) Employer Non - Ownership, Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided but shall also refer specifically to this bid and section and the above paragraphs in accordance with as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance f��® ®® CERTIFICATE LIABILITY INSURANCE DATE (MMIgD/YYYY) 11/21/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT15R THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu Of such endorsement(s). PRODUCER " WI, Wee1CeS & Callaway, Inc. PHONE E.tI. (561)278 -0448 f�C.No);(561)278 -2391 3945 West Atlantic Avenue ADDRIFSS! Delray Beach FL 33445 -3902 INSURER A:Amerisure Insurance Company 19488 INSURED INSURER B: Atlantic Refrigeration Corporation INSURERC: 1255 NW 17th Ave. INSURER D: Suite 1 INSURER E: Delray Beach FL 33445 INSURER F: CnVFRAr.FA CFRTIFICATF NtJMRFR!CL12122103375 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE A B POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP M IDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR L 207332601 1/1/2013 1/1/2014 DAMAGE TO RENTED PREMISES Ea occu ence $ 100,000 MED EXP (Anyone person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 X Blanket Additional Insd GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ I—XI POLICY PRO LOC AUTOMOBILE LIABILITY Ea accident31 G 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS CA20733240102 1/1/2013 1/1/2014 BODILY INJURY (Per accident) $ PROPERTY DAMAGE araccidZI $ NON -OWNED HIRED AUTOS AUTOS PIP -Basle $ 10,0001 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HOLAIMS-MADE AGGREGATE $ EXCESS LIAB IDEDT RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORRARTNER/EXECUTIVE Y / N OFFICER /MEMBER EXCLUDED? D (Mandatory In NH) NIA C 207332702 1/1/2013 1/1/2014 1OTH- FIR E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is included as Additional Insured as respects to Contract Bid 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance Annual Contract, when required by written contract with the Named Insured, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS, 100 NW 1st Avenue AUTHORIZED Delray Beach, FL 33444 Kimila Silvia /TBAR ACORD 75 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. IIUSf194 ioninngx n+ TI-­ Af'nDr1 —A Inn . .nnle4nrnd w..,.l— -f A r^P1bf'% Attachment I, 1 of 3 AGO ,.Ei'TIFIATE OF LIABILITY PRGauaEA Good Insurance, Inc, IN PACE baTelµwDDnw�ri THIS CERTIFICATE IS I SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AME" EXTEND OR ALTE HE COVERAGE AFFORDED HY THE P LIMS B6LDW. iWiSUIP-MRS AFFORDINGCOVERAp E NAIG P.O, Box A -1 Best City, USA 00000 Willing Workers Assoc. PQUOIES OF R48URANQE LISTED BELOW : DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR xvsuReRO; REQUIREMENT, ABC Drive Ws'RERDi 13 SUBJECT TO ALLTHE'. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Anytown, USA 00001 MGUReR THE INSURANCI AFFORDED AOtfiREOATEUMITS SHOWN UAYHAVE COVERAG & THE INSURE 0 NAMED ABOVE FOR THU POUC`! PERIOD INDICATED. NOTWITHSTANDING THE PQUOIES OF R48URANQE LISTED BELOW HAVE BEEN ISSUEP TO OR OTHeN DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM O CONDMON•OF ANY CONTRACT BY THE POLICIES DRSCRMI) HEREIN 13 SUBJECT TO ALLTHE'. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY peRTAIN THE INSURANCI AFFORDED AOtfiREOATEUMITS SHOWN UAYHAVE BEER REOUGEO BY PA10 CLAIMS, FOUCIES, P GYV C E7G'1 UH L, RA 01 POUC HUM ER EACHG000ARENCE s 500,000 A GENERALI. nUTY GLP077604 01/01/10 01 /01 /11 s e COpIMERCHU,GENERALLIA@IUTY ue DFx;7 ' Q A anon a C( oM$ IAGE ® 00" f'ER30 Ap JURY S GENERALAGGH90ATE S 1 PROD CTS,CO AGG S GOlLAGCREGATR UWT APK4e6 PER; POLICY P lUC AU70MOWLELA91UTY CO)dDINEpGINL eLIW' $ 01/01/10 01/01/11 30Q;:000 A ANYAUTO ALP077606 ALLOWNEDAUTOR OOMLYOWRY = (Perpateon) 6CW:) ILEOAUrO$ TAREtlAUr05 BODILY IRY NJU(POIxxHxd) S NOHg7fNEbAUYOS r R Y AMOS s - .. AWOONLY.EAA (QENT MAW OARAOEWBAM a ANY AUTO OTHE UT� AUTO HL : AGO S S EXCEMMOREUALIWAM .. EACHOCCURRE CE I AGO E TR $ OCCUR a CLAIMS)AAM s s OETA)471BLB _ RBTExrIA4 Y;aT 0 B WbnI�HSCaNPeHSeTroNnNa EHPLOYEJUFtLL,DkfTY WL'P077606 !1 03/01/10 03/01/11 E.LEACNA GDENT' S 100 '00 6L DMMASE•EAEMPtA $ 1D0,000 A OW E YE D.L. asEase•POUCVUMIr s 500 DIMPPM N E4DAL 01HFR -.. p6ECRiPTIGHtlFOPSRAT10HS1LOCATION6f VPJttC4E8l EXCUIsWH$AODEO BY ENpORSEUENt fIPEQALPRONBIOHI THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED see attached endorsement, CITY OF DELRAY BEACH. 100 ,NW 1st AVENUE DELRAY BEACH, FL 33444 "OULO ANYOFTHe Asow DEICRIaw "wows Be OANCEato BEFORE THE ¢KPINAYION DATE nip "F, THE )6EURI0 P16iIRE.R YntA. E'HD6AVOR TO HAIL 30 PAYI WRRTEN NOTICE r0 THE CEARIFWATL HOLDER HALTED TO THR LWT, Wr FALVAE TO PC E0 $HALL tWOZ9 NO OBLWATION OR LLP"LHY OF ANY IOND WON T)10 INCURER, 1191 AGENTS OR Sid. No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance If the corti6Cate Wder is an ADDITIONAL INSORED, the policy(ies) must be endomsetf. A statement on this cwormts does not wnfer rights to the c en ic'ate holder In Gee of such endorsements), If $UBROGATiON IS WA1VI=-13, subject to trio terms and 0Widans of the polls* certain pa Mes may requir- an endorsement. A statement Da this Cettlficato does not confer rights to the certificate holder In lieu of star endorsemnIO), The Cetitcate of Irtsuranc O on the revaM side of this form does not constitute a wAtract beWaan the Issulnu Insunar(s), authorized reprtsonfattva or producer, $nd trio certificate holder, nor does It aigm)stivaly or wadvely amend, +ractercd Or alter the +overage afrorde4 by the policies listed thereon. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 10 POLICY NVM8ER: COMMERCIAL GENERAL. LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; .COMMERCIAL GENERAL L.IA131LIlY COVERAGE PART SCHEDULE Section 11 — Who Is An Insured'is amended to In- clude as an additional Insured the person(s) or organi- zadon(sj} shown in the schedule, but only with respect to Ilablli for "bodily injury", "property damage° or "persona and advertising injury" caused, in whole or In part, by your acts or omissions or the acb or omis- sions of those aoting on your behalf; A. In the performance of your ongoirig operations; or 13, in connectlon with your premises owned by or rented to you. Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 11 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and �t�`1'1(/- 41" (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid General Conditions, Instructions and Information 1 2- 5 Indemnity /Hold Harmless Agreement 6 Cone of Silence 7 8 Insurance Requirements 9- 11 insurance form Samples 12-16 Standard Form of Agreement 17 Corporate Acknowledgment 18 Certificate (If Corporation) 19-20 Specifications Detailed Specifications 21 -26 Schedule of Pricing — Air Conditioning Services & Repairs 26 Scope of Work — Preventative Maintenance 27 Schedule of Pricing - Preventative Maintenance 28 Drug Free Work Place Certification 29 References 30 31 Bid Signature Form 32 Statement of No Bid 33 Attachment" A " Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 12 Addenda numbers ®�to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6, All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. $. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 13 I and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials, CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, 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 Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 14 , The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITPdf: CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor CONTRA BY: (Print or type name and title) (Print or type name and title) (SEAL) Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 16 CORPORATE ACKNOWLEDGMENT STATE OF i 10 [-I ' ci COUNTY of bt t,t .&`'l e a� The foregoing instrument was acknowledged before me this day of oU� , 20, by C6e�16 6A/1 (name of officer or agent, title of officer or agent), of (���t -��� 1� %�,� 1,/1 (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her P3 "-I �0000 (type of iden(iif�cation) as identification, Signature of Peron Faking Acknowledgment � _ \ - II0 Name of Acknowledger Typed, Printed or Stamped Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 17 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA ) SS COUNTY OF LIM I HEREBY CERTIFY that a meeting of the Board of Directors of ''6d -I - ! ' „b . , a corporation under the laws of the State of f'rn"r CfCc� o held on -0.3 Q�Aa,.L,, 20A' he following resolution was duly passed and adopted: "RESOLVED”, that Ad'ytld �` �t f�j�, as President of the c rporation, he /she is hereby authorized to execute the Agreement dated Wiz 1 � �=k , 20 tween the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official rl� seal of the corporation this day of ��,nn�, i;(l, , 20� ry) (Seal) Bid No, 2014 -10 Air Conditioning Service, Repairs and Prcventative Maintenance 18 CITY OF DELRAY BEACH SPECIFICATIONS PURPOSE: The intent and purpose of this "Invitation to Bid" is to seek competitive bids for an Annual Contract for General Air Conditioning Services and Repairs at various locations within the City of Delray Beach, The awarded Contractor shall furnish all labor, materials, and equipment necessary to complete all work as specified by City's Building Maintenance Superintendent, and have the capability to service multiple locations at any given time, All materials shall be installed in compliance with the Standards of Good Workmanship and shall be approved prior to use by the City's representative, 2. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the bidder by the City through its authorized agent. Purchase orders /work orders shall be issued when service is needed. Contract shall be awarded to lowest and most responsive bid (hourly rates and percentages) submitted by a responsible bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current customers. Reference checks, review of equipment, and examination of financial stability will be considered together with price in the contract award. 3, COMPETANCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and /or services described in this Bid and who can provide evidence of financial support, and that they have established a satisfactory record of performance with a sufficient fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization as used herein shall be construed to mean a fully equipped and well - established company in line with the best business in the industry and as determined by the proper authorities of the City of Delray Beach. 4. PRICE FOR SERVICE: The bid will be divided into three groups — 1) Hourly rate of labor II) Mark -up factor ( %) over cost of materials III) Preventative Maintenance Group I: Bid your hourly labor rate which shall include travel time to and from the work site. Bid the hourly rate of labor for both a Lead Technician /Journeyman and Apprentice /Helper during working hours (8:00 a.m. thru 5 :00 p,m. Monday — Friday) and the hourly rate of labor for both a Lead Technician /Journeyman and Apprentice /Helper for emergency calls after hours, Group II: Bid on the percentage ( %) markup over your cost for parts and materials. The City will pay for parts, on a cost Plus markup factor ( %). The City reserves the right to check the contractor supplier to confirm cost for parts and materials, Confirming price l�us, mark -up factor should equal your invoice price for parts and materials. The percentage mark -up is being used to provide for fluctuations in market price for parts and materials and to provide an equitable quantifiable invoicing system. Both groups must be bid on for our bid to be considered responsive, Quantities stated on Bid Form (Schedule of Prices) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for twelve (12) month period, Said estimated quantities shall be used for purposes of determining the low bidder meeting specifications by the City. Group III: Preventative Maintenance shall be billed to the City of Delray Beach quarterly. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 19 5. CONTRACT TERM: Term of the contract shall be one (1) year commencing with date of award on /or about December 2013, and expiring one (1) year thereafter. The City Commission or their designee (i;e. City Manager) reserves the right to renew the contract for an additional two (2) terms of one (1) year per paragraph #20 of General Conditions. If after the awarded contractor has completed the work and it is found upon inspection by the City's Building Maintenance Superintendent, or other designated representative by the Public Works Department, not to be satisfactorily completed, the Contractor will have forty -eight (48) hours to correctly complete the work. Upon completion the contractor will request a final inspection of all work by the City's Building Maintenance Superintendent, or designated representative. If the contractor fails or refuses to complete the work to the City's satisfaction the City reserves the right to procure the services from another source and hold the Contractor responsible for any cost occasioned or incurred thereby. 6. FIRM PRICE: The City requires a firm fixed price on the unit prices (hourly rates and percentage) as bid for the contract period. 7. PERMITS, LICENSING AND WORKMANSHIP: All bidders shall procure all permits, Occupational License, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinance, rules, and regulations, for the proper execution and completion of the Work under this contract. 8, WORK AUTHORIZATION: All calls for work will be requested the City's Building Maintenance Superintendent, or designated representative. 9. INFORMATION: Any questions in regards to the Detailed Specifications of this bid should be addressed to Clayton Gilbert, Building Maintenance Superintendent, at (561)243 -7339. Any questions in regards to submission of your bids should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243- 716117163 or by email nadal@m dy elra bbeach.com. 10. NEW OR LARGE REPLACEMENT AIR CONDITIONING WORK: The successful bidder agrees to provide a free estimate on new work for budgetary purposes when requested by the City's building Maintenance Superintendent. For any new work the city of Delray will provide drawings and detailed requirements that specify the scope of work. The City reserves the right to secure competitive bids from other contractors for selected new air conditioning work for which the successful bidder of this "Invitation to Bid" will be invited to submit a bid. 11. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of thirty -six (36) months from the date of being placed on the convicted vendor list. Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 20 Repairs DETAILED SPECIFOCATIONS Air Conditioning Service & 1. SCOPE OF WORK: It is the intent of this Invitation to Bid to establish a service contract whereby air conditioning and/or heating work will be accomplished for the City of Delray Beach, by the Contractor in a reliable and timely manner. The Contractor shall have the capability to service multiple locations at any given time within the City of Delray Beach, 2, SUBMITTALS WITH BID: The Contractor shall submit documentation that illustrates the company's ability to perform the work that will be required under this Contract. The information shall include the following: a) Company Information including; 1) Number of years in business. 2) Number of full -time employees by category and years of experience b) References; 1) The contractor shall submit with his or her Bid, a list of names and phone numbers of at least four (4) references that may be contacted by the City. c) Certification: 1) Lead Technician /Journeyman shall have at least five (5) years experience in the Air Conditioning field in industrial and commercial applications. 3. SERVICE REQUIREMENTS: The Contractor shall provide all labor, material(s) and equipment to complete the following work: 4, (a) Existing buildings 1) General repair of existing domestic, commercial and industrial air conditioning systems including chillers, cooling towers, and thermal storage units, ** *NOTE: City Hall and Library chiller Is under a separate contract. 2) The work may involve location and repair of refrigerant leaks, recharging and check -out systems, 3) Provision and installation of air conditioning equipment including compressors, evaporators and control equipment to repair or replace existing installations. 4) The work may involve replacement of air conditioning equipment, ducts and other equipment that has been vandalized or otherwise in need of repair. b) New Work or Rehabilitation of Existing Buildings: 1) Provision and installation of all piping systems, air conditioning ducts and equipment to complete the new work or rehabilitation project. 2) The work may involve complete revision of the air conditioning system in a building that is being rehabilitated for a new use. 3) The work may involve installation of an air conditioning system for a "new" building which will include installation of all required equipment to complete the project for final inspection and ussue of a certificate of occupancy. NOTE: (1.) Approximately 90% of the Work Orders issued are for rehabilitation work. (2,) The City reserves the right to seek competitive quotes on repairs or replacements which exceed $1,000. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 21 5. WORK ORDERS: Ordering: (a) Any supplies and /or services to be furnished under this Agreement shall be ordered by issuance of a written Work Order signed by the City's authorized representative(s). (b) All Work Orders are subject to the terms and conditions of this Agreement. In the event of conflict between a Work Order and the Agreement, the Agreement shall have precedence, (c) Each Work Order will set forth the work to be accomplished, including but not limited to, time to complete, materials required and specifications and drawings to be followed. 6, CONTRACTOR'S RESPONSIBILITIES: (a) Upon receipt of a Work Order from the City's authorized representative(s), the Contractor shall prepare an independent written estimate of the labor and materials required to complete the work. The Contractor will be provided a detailed scope of work which identifies the specific job description. The Contractor shall complete the total estimate to accomplish the job and will identify any additional tasks necessary to satisfactorily accomplish the overall scope of work, (b) If, during the course of work, the Contractor encounters unforeseen conditions which impact the work and which could not initially be evaluated, the Contractor shall not proceed without written authorization of the City's authorized representative(s). (c) The Contractor must return an estimate to the City's authorized representative(s) within one week, or as otherwise directed, from receipt of a Work Order. (d) The Contractor's estimate will be evaluated to determine if the scope has been clearly and accurately understood, the hours have been accurately applied, the work has been properly estimated with supporting data presented and that material and equipment estimates are reasonable and properly documented. After the estimate has been reviewed, the City's authorized representatives) may negotiate with the Contractor, The City's authorized representative(s) will approve a fixed price for the work described in the Work Order. (e) The Contractor acknowledges that work will be performed only after the above procedure has been accomplished, (f) The basic work unit to be provided by the Contractor shall be determined by the City's authorized representative(s) as to classifications and number of personnel needed for each project. The Contractor shall have appropriate transportation and an adequate inventory of tools and equipment to perform work at the job site, (g) Emergency work may be ordered orally and followed up within forty -eight (48) hours by a written Work Order, (h) No work shall be done on weekends or City holidays unless specifically authorized in writing on a Work Order issued by the City. (i) Overtime work is not allowed unless approved in writing by a Work Order issued by the city. (j) Normal work starting time is 8:00 a,m, which coincides with the Contractor's time to start on the job site. Any travel time expenses shall be borne by the Contractor and will not be reimbursed by the City. The hourly rate bid shall include full compensation for labor, equipment use, travel time and any other cost to the Contractor. The rate is straight time for all labor, except as otherwise noted herein. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 22 (k) The Contractor shall, in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to the City, within a reasonable period after receipt of notification of such faulty labor or workmanship, Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for one (1) year after acceptance of the work by the City. (1) Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Contractor at Contractor's expense, when work is performed in areas traversed by persons or vehicles, or when deemed necessary by the City's Representative. (m) The Contractor shall conform to all Federal, State and City regulations during the performance of the Agreement. Any fines levied due to inadequacies or failure to comply with all of the requirements shall be the sole responsibility of the Contractor. Any person found not in conformance with any laws, statues, rules or regulations will not be allowed on the job site. Continued violations by the Contractor shall constitute cause for Immediate termination of the Agreement without recourse. (n) All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of specific Work Orders, and the Contractor shall be held responsible for any damage to property caused by reason of his operations on the property, 7. TIME IS OF ESSENSE: (a) The Contractor acknowledges that time is of the essence to complete the work as specified in each and every Work Order. The Contractor agrees that all work shall be prosecuted regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified in each and every Work Order. (b) If the Contractor neglects, fails, or refused to complete the work within the time specified in each and every Work Order or as properly extended by the City, then the Contractor does hereby agree, as part consideration for awarding of the Agreement, to pay to the City the sum of $100.00 for each and every calendar day that the Contractor shall delay after the time stipulated in each and every Work Order for completing as set forth herein. 8. COMPLETION: After the work called for in a Work Order has been completed, the Contractor shall provide the following information in writing to the City's representative: (a) Actual hours used to perform the work (by category of personnel); (b) Date and time the work was initiated and completed; (c) Contractor's certification that the work has been completed; (d) A detailed breakdown of the materials used to complete the work. 9. SPECIAL REQUIREMENTS: The following special requirements are conditions of the Agreement: (a) The City will notify the Contractor when services are required by means of a Work Order, The Contractor shall commence the work on the date agreed to after receipt of an approved Work Order and will complete the work as specified in the Work Order. (b) The Contractor shall respond to emergency service calls within one (1) hour for Public Safety (Fire/ Police) and within two (2) hours for all other buildings. Bid No. 201410 Air Conditioning Service, Repairs and Preventative Maintenance 23 10. EQUIPMENT: (a) The personnel shall have or be provided with a working set of hand and power tools for general air conditioning work. (b) The contractor shall have ownership of suitable equipment to be capable of completing the Work Order in a timely manner. The equipment shall include, but not be limited to, the following: 1) System evacuation equipment. 2) Sheet metal shearing and forming equipment. 11. INVENTORY: The Contractor shall have and maintain an inventory of piping, duct materials and air conditioning equipment to provide for timely completion of Work Orders, 0 A. Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 24 12, BUILDING LOCATIONS: Air Conditioning Services Department Description Address # of Units Building Maintenance City Hail 100 N.W. 1S Avenue 14 Building Maintenance City Attorney 200 N.W. 18 Avenue 2 Building Maintenance Cason Cottage 100 N.W: 2" Street 1 Building Maintenance Delray center for the Arts 51 N. Swinton Avenue 40 Building Maintenance Environmental Services Admin 434 S. Swinton Avenue 2 Building Maintenance Federspiel Garage 22 SE 1 Avenue 1 Building Maintenance Public Works /ES Complex 434 S. Swinton Avenue 10 Building Maintenance Utility Maintenance 434 S. Swinton Avenue 2 Building Maintenance Meter Repair 434 S. Swinton Avenue 1 Building Maintenance Old School Square Parking Garage 95 N.E. 1 Avenue 4 Building Maintenance Parks Maintenance 320 S.W, 41n Street 2 Building Maintenance Visitor Center E, Atlantic avenue / A1A 2 Fire Department Fire Station #1 501 W. Atlantic Avenue 7 Fire Department Fire Station #2 35 Andrews Avenue 3 Fire Department Fire Station #3 651 Linton Boulevard 2 Fire Department Fire Station #4 4321 Lake Ida Road 2 Fire Department Fire Station #5 4000 Old Germantown Rd 4 Fire Department Fire Station #6 — Highland Beach 3612 S. Ocean Boulevard 2 Park & Recreation Adult Recreation Center 802 N.W. 15 Street 2 Park & Recreation Lifeguard Headquarters 340 S. Ocean Boulevard 1 Park & Recreation Community Center 50 N.W. 15 Avenue 9 Park & Recreation Currie Common Park 750 S. E. 2" Avenue 1 Park & Recreation Delray Marina 159 Marina Way 1 Park & Recreation Mae Volen 850 N, Congress Avenue 4 Park & Recreation Miller Park #1 1905 S.W. 4 Avenue 2 Park & Recreation Miller Park #2 1905 S.W. 4 Avenue 1 Park & Recreation Miller Park #3 1905 S.W. 4 Avenue 1 Park & Recreation Pompey Park 1101 N,W. 2 Street 6 Park & Recreation Pompey Concession Stand 1101 N,W, 2" Street 1 Police Department Police Complex 300 S.W. Atlantic Avenue 7 Police Department Police Substation (Beach) 2 S, Ocean Boulevard 1 Police Department Police Substation (OSS Garage) 95 NE 1g Avenue 1 Water /Sewer Division Water Treatment Plant 200 N.W. 6,n Street 10 Golf Course Golf Course DBGC 2200 Highland 14 Golf Course Lake View GC 1200 Dover Rd. 4 NRC Community Improvement 141 S.W. 12th Avenue 2 CLT Community Improvement 145 SW 12 Avenue 1 Tennis Center Swim & Tennis Jaeger Drive 4 Tennis Center Ticket Booth 30 NW I Avenue 1 Tennis Center Tennis Center Club House 201 West Atlantic Ave 2 Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance �� SCHEDULE OF PRICING DID -10 AIR CONDITIONING SERVICES AND REPAIRS Furnish all labor, tools, equipment, transportation, etc., necessary to provide Air Conditioning Services to the City of Delray Beach, all in accordance with the attached Specifications, for the hourly rates per man, per hour as follows: GROUP 1. Hourly Rate of Labor: A. 8:00 A.M. thru 5:00 P.M. Monday - Friday B. After Hours (Overtime- Emergency Calls) TOTAL PERCENTAGE TOTAL ANNUAL MARK -UP FOR TOTAL ANNUAL LABOR ESTIMATED X HOURLY RATE .I- TOTAL ANNUAL LABOR HOURS OF X HOURLY RATE + LABOR COST LABOR 5, $20,000 Times /n = $ USED ANNUALLY 1. Lead 3 �• Technician /Journeyman 100 Hours X $ - $ 2. Apprentice /Helper 50 Hours X $?,. _ $� B. After Hours (Overtime- Emergency Calls) 1-.P 111P 11 Parrantana Mark -un (Parts / Materiaisl- TOTAL ESTIMATED AMOUNT TOTAL PERCENTAGE TOTAL ANNUAL MARK -UP FOR TOTAL ANNUAL LABOR ESTIMATED X HOURLY RATE .I- LABOR COST MARK -UP FOR HOURS OF MATERIALS LABOR 5, $20,000 Times /n = $ USED ANNUALLY 3. Lead //__ �• Technician /Journeyman 15 Hours X $tLJ - $ 4. Apprentice /Helper 5 Hours X $ / - _ $ —� 1-.P 111P 11 Parrantana Mark -un (Parts / Materiaisl- TOTAL ESTIMATED AMOUNT + PERCENTAGE TOTAL ANNUAL MARK -UP FOR SPENT ON MATERIALS X MARK -UP MATERIALS ANNUALLY MARK -UP FOR MATERIALS 5, $20,000 Times /n = $ TOTAL ESTIMATED AMOUNT + TOTAL TOTAL ANNUAL COST FOR SPENT ON MATERIALS ANNUAL MATERIALS MARK -UP FOR MATERIALS 6. $20,000 Plus /n = $ r, �_ *GRAND TOTAL - GROUPS I & II (Items 1, 2, 3, 4, & 6) $ c>2 Bid No. 2014 -10 Air Conditioning Service, Repays and Preventative Maintenance 26 SCOPE OF WORK DID -1 PREVENTATIVE MAINTENANCE 1. SCOPE OF WORK: It is the intent of this Invitation to Bid to establish a preventative maintenance contract for all air conditioning equipment at each site for the City of Delray Beach, The Contractor shall have the capability to service multiple locations at any given time within the City of Delray Beach. For all air conditioningeguipment at each site a. Change all pleated filters — two (2) times yearly b. Precision Tune -up — two (2) times yearly ® Check and clean evaporator coils. a Check and clean condenser coils, ® Change filters (w/ pleated) and write date changed on all filters, o Clean condensate pans and drains, add tablets to inhibit algae growth, ® Monitor and adjust refrigerant pressure. ® Adjust and clean blower components, ® Oil / grease all motors and bearings. e Check and record all voltages and amperages. o Measure heating and cooling transfer capability. ® Check / tighten / clean all electrical connections, 9 Lubricate moving parts. ® Check / adjust / replace as needed all belts. ® Keep units clean. o Check / calibrate thermostats, Note: Filters changed 4x per year total Contractor is responsible for supplying all materials used in the PM process (filters, refrigerant, oils, grease, lubricants, coil cleaners, cleaning supplies, belts). Reports will be given to the manager at each site of the work performed and status of the equipment. Bid No, 2014.10 Air Conditioning Set-vice, Repairs and Preventative Maintenance 27 SCHEDULE OF PRICING BID #2014-10 PREVENTATIVE MAINTENANCE *Preventative maintenance will be Invoiced quarterly. Par nimrtar Per Year r 7� TOTAL $ � � 19, t2? S $ Preventative maintenance will be invoiced quarterly. Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 28 Building Location Address Cost Per Year 1 City Hall 100 N.W. 1 5 Avenue $ F 2 Delray Center for the Arts 51 N. Swinton Avenue 3 Delray Swim and Tennis Club 2350 Jaeger Drive $ 7 9� 4 Lakeview Golf Course 1200 Dover Rd. $� -� 5 Fire Station #1 501 W Atlantic Ave. z 5E2.0- 6 Fire Station #2 35 Andrews Ave, $ 7 Fire Station #3 651 Linton Blvd. $ 8 9 10 Fire Station #4 Fire Station #5 Fire Station #6 Lake Ida Rd. & Barwick 4000 Old Germantown Road 3614 S. Ocean Blvd, Highland Bch ra�1 $ $��� $ C/ 11 Police HQ & Shooting Range 300 W. Atlantic Ave. f � $ /7/&/ 12 Visitors Center E Atlantic Ave and Al A 13 OSS Parking Garage 95 NE 1 st Ave ° 14 Federspiel Parking Garage 22 SE 1st Ave $ 1.5 Employee Wellness Center 525 NT's 3rd Ave Suite 104/105 ro $ � � 01 16 City Hall 100 NW lst Avej 30 Ton RTU over P & Z only) 61 $ 17 Mae Volen Center $50 N. Congress Ave. !� F18 FDelray Center for the Arts 50 N Swinton Ave. $ Par nimrtar Per Year r 7� TOTAL $ � � 19, t2? S $ Preventative maintenance will be invoiced quarterly. Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 28 DRUG FREE WORKPLACE CERTIFICATION Bid Air Conditioning Services, Repairs and Preventative Maintenance Services If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted, 5) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's tdame�i`�7 "L'l /1�T(1 r �� �r�Cr�i Si nature Bid No. 2014-10 Air Conditioning Service, Repairs and Preventative Maintenance 29 WORK REFERENCES Bid 2014 -10 Air Conditioning Services, Repairs and Preventative (Maintenance Services *Please complete this page or attach your reference page to this sheet. Company Address ` c City, State, Zip �l.o,� Contact Person C Telephone 1 Dates of Service &2Z tX Type of Service Z� c./, s..�e �✓ �c c° +'.� Comments: Company n✓ O.v.e �6sq,✓ �� rs� m <s� Address r City, State Zip J v 72- z d i ;44 91 ell Contact Person Telephone p Dates of Service Type of Service `� r� c �d.i ���� //./c ,r! / ✓o•L Comments: � 411 Contractors Name:lC Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 30 CITY OF DELRAY STATEMENT OF NO BID Bid 2014-10 Air Conditioning Services and Repairs m Annual t;ontract If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach.., NAME: ADDRESS TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ '\spanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid , 2014.10 due to the following reason(s): Please Check below: ❑ Specifications too "tight ", Le,, geared towar rand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bi ® We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: Bid No, 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 32 v � f Bid No. 2014 -10 Air Conditioning Service, Repairs and Preventative Maintenance 33 D Z 0 m D /M/� V! W C� W O Un i • • • • 9) !h A W —I -i v A r A r v s_v Z ° a a Nrt rfi A t:!� (D' o c CD � ® i @ 3 NN W to g .. a o ® cn. W +O O �j ^' (® 3 w 4< 0) W O A CL C CD CL o o fh "e C1Y ® :, ® N N fA Eq m a ►0)`1 w O O " 4A N CF) ® !A p O O ® O O o o 0 0 O q P O O N pO O O O O N h1 t7 N f71 N fd% 4A ® CL pry 8 M N N ® O ^ a N Eq a 69 t11 ffl W a N UI O O O Cry Ui 00 c0 Ci O Q p ® O O = =r =r •' f��y�/JyJy� ® ® O ® O O O .� Qp Q O O O O O O O O G O O O O Ift N a ® ® V7 co 4m W pQ w A p p o ° O O O O N ® V O O Q O O O O Ch O h {� N W w; O O w W -4 W -4 coo N th O P al O O C�1t N Z Q ® O O O 8 ® O (� i • • • • MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, Interim Director, Planning and Zoning Department DATE: January 3, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 1001 HIBISCUS T.ANF PT.AT ITEM BEFORE COMMISSION This item is before Commission to approve a final plat and a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. (Quasi - Judicial Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM BE DEFERRED TO THE JANUARY 21,2014 REGULAR MEETING) STUART & SHELBY DEVELOPMENT- GENERAL CONTRACTORS December 24, 2013 City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Attn: Danee L. Smith Planner Re: Hibiscus Lane Plat Please accept this letter of request to postpone City Commission action on the Hibiscus Lane Plat from the January 7, 2014 meeting until the January 21, 2014 meeting. Please feel free to contract me should you have any questions. Thanks for your assistance in this matter Stuart & Shelby Development "Built with Integrity and Pride" Delray Beach 2013 -2014 Business of the Year Delray Beach 2010 -2011 Business Person of the Year Ken Ellingsworth Community Service Award 2008, 2011, 2013 205 George Bush Boulevard - Delray Beach, FL 33444 Phone: 561- 637 -7902 - Fax: 561- 637 -7904 - Cell: 561- 809 -1266 www.stuartandshelby.com 205 George Bush Blvd • Delray Beach, FL 33444 Phone 561 - 637 -7902 *Fax 561 - 637 -7904 • www.stuartandshelby.com MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: January 3, 2014 SUBJECT: AGENDA ITEM 9.A.1 - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 WAIVER REQUEST ITEM BEFORE COMMISSION Consider a waiver request to Land Development Regulations Section 4.3.4(x), "Development Standard Matrix ", to reduce the required lot frontage for Lot 1 from 100 feet to 25 feet for the property located at 1001 Hibiscus Lane. (QUASI - JUDICIAL HEARING) (THE APPLICANT HAS REQUESTED THIS ITEM BE DEFERRED TO THE JANUAR Y 21, 2014 REGULAR MEETING) STUART & SHELBY DEVELOPMENT- GENERAL CONTRACTORS December 24, 2013 City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Attn: Danee L. Smith Planner Re: Hibiscus Lane Plat Please accept this letter of request to postpone City Commission action on the Hibiscus Lane Plat from the January 7, 2014 meeting until the January 21, 2014 meeting. Please feel free to contract me should you have any questions. Thanks for your assistance in this matter Stuart & Shelby Development "Built with Integrity and Pride" Delray Beach 2013 -2014 Business of the Year Delray Beach 2010 -2011 Business Person of the Year Ken Ellingsworth Community Service Award 2008, 2011, 2013 205 George Bush Boulevard - Delray Beach, FL 33444 Phone: 561- 637 -7902 - Fax: 561- 637 -7904 - Cell: 561- 809 -1266 www.stuartandshelby.com 205 George Bush Blvd • Delray Beach, FL 33444 Phone 561 - 637 -7902 *Fax 561 - 637 -7904 • www.stuartandshelby.com MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Interm Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: December 30, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 APPEAL OF SPRAWS ACTION /ATLANTIC CROSSING ITEM BEFORE COMMISSION The item before the City Commission is consideration of private appeals of the SPRAB (Site Plan Review and Appearance Board) action on the Class V site plan for Atlantic Crossing. This request is being processed pursuant to LDR Section 2.4.7(E) [Appeals]. BACKGROUND The project area consists of the existing Atlantic Plaza, a portion of Block 123, all of Block 116 of the Town of Delray subdivision and the NE 7th Avenue right -of -way between Atlantic Avenue and NE 1 st Street (9.22 acres total). Block 116 contains four buildings that were constructed between 1962 and 1979. These buildings contain office, retail, and auction house uses. The gasoline station and multiple family residences previously located along NE 6th Avenue have been demolished. The site plan for the existing Atlantic Plaza was approved in 1984 with a total building area of 80,000 square feet. A non - impacting site plan modification was approved in 1986, reducing the total building area to 78,248 square feet. A total of 261 parking spaces were required for the approved building area. Since only 206 spaces were provided on site, the developer entered into an agreement with the City on January 3, 1986 to either provide the remaining required spaces in an off -site parking lot, or pay in -lieu fees for the 56 space deficit, which were provided in the parking lot at the northeast corner of NE 1 st Street and NE 7th Avenue. At its meeting of November 20, 2013, the Site Plan Review and Appearance Board ( SPRAB) approved the Class V site plan and landscape plan and postponed the building elevations for Atlantic Crossing. The development proposal includes the demolition of the existing structures and construction of a mixed use project that contains 37,642 square feet of retail floor area, 39,434 square feet of restaurant floor area (including 1,443 square feet of outdoor dining area), 83,462 square feet of office floor area, and 343 dwelling units. The SPRAB approved the special action to allow relief to the building setback requirements on a 6 to 0 vote (Mr. Aguila absent). The SPRAB approved the site plan on a 5 to 1 vote (Mr. Aguila absent, Mr. Kupi dissented) subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items. (Exhibit A and Exhibit B). 2. That Technical Item #9 on Exhibit B be modified to read that the sidewalks in the CBD zoning district be a minimum of 8 feet and 10 feet wide and that the sidewalks should be 10 feet along Atlantic Avenue and on Federal Highway and 8 feet on all other locations within the project. 3. That the plans be revised to correctly note the building frontage dimension along NE 6th Avenue. 4. That the plans be revised to correctly note the northern frontage dimensions of Building VI. 5. That the shared parking calculation table noted on the site plan be revised to be consistent with the current development proposal. 6. That the applicant contributes the cost of a shuttle bus trolley to the City. 7. That the applicant design and fund turn lane improvements (NE 1 st Avenue/Northbound right turn lane on to NE 6th Avenue) and provide the cost for the traffic signal at NE 6th Avenue and NE 1 st Street. 8. That a written finding of concurrency approval from the School District be submitted. 9. That the applicant funds a bus shelter along Federal Highway. 10. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 11. That at least one building achieves LEED certification. 12. Applicant shall provide design plans and pay for the closure of N.E. 7th Avenue at N.E. 1st Street. A temporary closure is to be provided at this time and if warranted after project impacts are analyzed, the permanent closure would be constructed. 13. Applicant shall provide design plans and pay all costs for traffic calming on Palm Square, which may include a cul -de -sac, beginning at the intersection with Atlantic Avenue and south to S.E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer. 14. That the roll down gates have knox boxes to allow entrance. 15. If the Board finds that the loading facilities are adequate, the management company shall require delivery services to utilize the designated loading zones exclusively, and this be noted on the plan. 16. That the two tandem parking spaces in the subgrade parking area on the west side of NE 7th Avenue are to be eliminated. 17. That the last parking space in all dead -end parking tiers be striped -out to provide adequate turnaround options. 18. That the photometric plans be revised to include illumination levels in the east /west courtyards. 19. Unbundle parking from rent /purchase for those residents who do not need a car or a parking space. 20. Atlantic Crossing will disseminate third party bicycle rental information to all residents. 21. Provide an inside, safe and secure storage area for bicycles with racks for a minimum of 86 bicycles for the residents of Atlantic Crossing. 22. Provide storage, showers and lockers for employees. 23. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with information on short term vehicle rentals. The kiosk will contain: route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); information on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms. 24. Provide the following information at each calendar year to SAFE (Safety As Floridians Expect) and the City for the first 5 years following occupancy: a. The number of residents who are paying a lower rent, because they do not own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle for grocery shopping. The number of times the shared bicycles are used in a calendar year. 25. Install a device that counts and records the number of motor vehicles that enter and exit the garages by hr /day, and report this activity annually to SAFE and the City. 26. That if the traffic study and the City deem that retractable electric or pneumatic bollards are a viable option to assist in the closure of NE 7th Avenue the developer will fund this system including on -site and remote operation. 27. That the trash receptacles on -site as labeled be accompanied by recycling receptacles and that residential and commercial recycling be provided to the entire site. 28. That the green wall shall be considered a trellis and shall be allowed to encroach in the setback along Federal Highway. 29. That the applicant will create an ingress from Federal Highway adjacent to the location of the egress into the garage level as long as this is approved by the FDOT and the City Engineer. The SPRAB approved the landscape plan on a 5 to 1 vote (Mr. Aguila absent, Mr. Kupi dissenting) for Atlantic Crossing, subject to the following conditions: 1. That all the Landscape Technical Items are addressed. 2. That the vegetation be maintained below three (3) feet and above six (6) feet to maintain good surveillance throughout the property. 3. That Item #2 of the Landscape Technical Items be fully funded by the developer and that includes the relocation of all of the trees determined by the City Landscape Planner including all root pruning, relocation of the trees and putting them into their new site and establishing them. 4. That the project have additional potted vegetation on the upper deck above the porte cochere on Building IV -S. 5. That additional multilevel vegetative screening be provided around all switch cabinets and transformer enclosures wherever possible when not conflicting with an access point and that the screening doors be provided to staff for review for appropriate aesthetics. At its meeting of December 18, 2013, the SPRAB reconsidered the special action associated with the building setback and also reconsidered the building elevations. The motion that the SPRAB took on the special action contained incorrect information that was rectified in a new motion that was approved by a 5 to 0 vote, as follows: Approved the special action to reduce the building frontage requirements at the ten -foot setback, as follows: Along NE 6th Avenue: allow 280.67 feet, where a minimum of 407.87 feet is required, a difference of 127.20 feet; Along the west side of NE 7th Avenue: allow 287.08 feet, where a minimum of 407.63 is required, a difference of 120.55 feet; Along the east side of NE 7th Avenue, allow 240.58 feet, where a minimum of 407.63 feet is required, a difference of 167.05 feet; Along Atlantic Avenue, allow 155.42 feet, where a minimum of 183.25 feet is required, a difference of 27.83 feet for the lower floors for Atlantic Avenue west of NE 7th Avenue; based on the finding per LDR Section 4.4.13(F)(4)(e)(4), that the modifications are in order to accommodate public plazas that allow for public seating areas and public art. The SPRAB approved the building elevations on a 4 to 1 vote (Mr. Kupi dissenting) subject to the following conditions: 1 . That the windows of the businesses and offices remain unobstructed by signage. 2 . That the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. 3. A 200 -foot line of sight survey needs to be submitted for verification for the roof top equipment on Buildings IV -N and V. 4. That the rooftop equipment be relocated to the interior of the roof deck and the requisite line of sight surveys submitted for Buildings IIUVI -N and Building VI -S. 5. That a note be added to the plans that indicate light transmission for ground floor glass areas be no greater than 20 %. 6. That at least one building achieves LEED certification. 7. That the developer study screening mechanical equipment that may be visible from the upper floors within the development, and to provide perimeter screening of any visible mechanical equipment from the sides. 8. That the developer modifies the metal awnings on Building VI and Building IV -S to be more proportional to the building and also to provide additional shutter detailing. 9. That more shutters be provided on Building VI, not including the interior courtyard areas, just the exterior street - facing elevations and again to work on the proportion of the small metal awnings and overhangs. 10. That the Art Deco building, in the revised elevations, has a lower level glass which is storefront with no simulated mullions and that the stone material is identified with "ST -L" 11. That any tree or tree -like vegetation that is planted in that location (along Seventh Avenue and along Veterans Park) will have a minimum twenty -two foot (22') planted height and that the connector area between Building V and Building IV -N be one foot (1') back from the building wall of the top floor of the Mediterranean style building. The City has received numerous correspondence expressing concern and support for the project. Attached are the correspondences that have been received to date. REVIEW BY OTHERS Community Redevelopment Agency (CRA): At its meeting of October 24, 2013, the CRA reviewed the site plan request and recommended approval. Downtown Development Authority (DDA): The DDA considered the development proposal at its meeting on November 4, 2013 and unanimously recommended approval. RECOMMENDATION City Commission discretion. Applicant: Edwards CDS, LLC Project Name: Atlantic Crossing Project Location: Between Veterans Park and NE Gtr, Avenue, and between East Atlantic Avenue and NE 1St Street. The develorment also includes the parking lot at the Northeast corner of NE 7t Avenue and NE 1St Street. The action before the Board is to reconsider the Special Action motion to grant relief to the building setback requirements of LDR Section 4.4.13(F)(4), and reconsideration of the elevations for buildings II, IV- South, IV -North, and V. At its meeting of November 20, 2013, the SPRAB considered and postponed action on the building elevations mentioned above and provided the applicant direction on changes to be made. The Board directed the applicant to update the elevations of buildings II, IV -North, IV- South, and V based on the feedback and discussions of the Board members during the meeting. The applicant has revised the building elevation to address these comments. The revisions the applicant has performed are: ➢ Building II: Revised the art deco portion of building II per the comments of the SPRAB members. The architectural styling of this building has been toned down to make the transition between architectural interpretations less pronounced. ➢ Building IV -S: The metal canopy roofs have been replaced with fabric awnings. The spiral staircase railing above the porte cochere has been revised to be less heavy. The narrow columns of the balconies have been eliminated and stone joint patterns have been indicated. Building IV -N and V: The narrow columns have been eliminated and the stone joint patterns have been indicated. The wall of the parking garage has been noted on the north elevation of building V. The transition between building IV -N and building V has been redesigned to move this plane back, which allows for additional landscaping. The architectural appurtenances have been removed from this transition and replaced with a stucco wall with horizontal and vertical score lines with fixed windows. The framing and stucco of this transition will be painted black. Special Action Reconsideration: As noted in the Board Memorandum from the December 11, 2013 SPRAB meeting, the lineal measurement information in the Special Action motion from the November 20, 2013 meeting was incorrect. The following is the motion that the SPRAB approved: Atlantic Crossing — December 18, 2013, Atlantic Crossing Special Action and Building Elevation Reconsiderations "Approve the special action to modify the frontage requirements, 192 frontage on Federal Hwy. 160 West side of NE 7t" Avenue/75 east side of NE 7t" Avenue. for the lower floors along Atlantic Avenue, NE e Avenue, and NE 74" Avenue based on the finding per LDR Section 4.4.13(F)(4)(e)(4), that the modifications are in order to accommodate public plazas that allow for public seating areas and public art." Following the meeting it was discovered that the dimensions noted above are incorrect. In order to correct these errors, the Board needs to reconsider the Special Action based on the correct dimensional relief. The SPRAB voted 5 -0 (Gregory absent; Aguila stepped down) to reconsider the Special Action at their meeting of December 11, 2013. The following is the corrected motion: "...Approve the special action to reduce the building frontage requirements at the ten -foot setback, as follows: • Along NE 6t" Avenue: allow 280.67 feet, where a minimum of 407.87 feet is required, a difference of 127.20 feet; • Along the west side of NE 7t" Avenue: allow 287.08 feet, where a minimum of 407.63 is required, a difference of 120.55 feet; • Along the east side of NE r Avenue, allow 240.58 feet, where a minimum of 407.63 feet is required, a difference of 167.05 feet, • Along Atlantic Avenue, allow 155.42 , where a minimum of 183.25 feet is required, a difference of 27.83 feet for the lower floors for Atlantic Avenue west of NE 7t" Avenue; based on the finding per LDR Section 4.4.13(F)(4)(e)(4), that the modifications are in order to accommodate public plazas that allow for public seating areas and public art..." By separate motion: Special Actions: Approve the special action to reduce the building frontage requirements at the ten -foot setback, as follows: • Along NE 6th Avenue: allow 280.67 feet, where a minimum of 407.87 feet is required, a difference of 127.20 feet; • Along the west side of NE 7th Avenue: allow 287.08 feet, where a minimum of 407.63 is required, a difference of 120.55 feet; • Along the east side of NE 7th Avenue, allow 240.58 feet, where a minimum of 407.63 feet is required, a difference of 167.05 feet; • Along Atlantic Avenue, allow 155.42 feet , where a minimum of 183.25 feet is required, a difference of 27.83 feet for the lower floors for Atlantic Avenue west of NE 7th Avenue; based on the finding per LDR Section 4.4.13(F)(4)(e)(4), that the modifications are in order to accommodate public plazas that allow for public seating areas and public art. 2 Atlantic Crossing — December 18, 2013, Atlantic Crossing Special Action and Building Elevation Reconsiderations Elevations: Approve the proposed elevations for Atlantic Crossing based on positive findings with respect to LDR Section 4.6.18(E), subject to the following conditions: 1. That the windows of the businesses and offices remain unobstructed by signage. 2. That the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. 3. A 200 -foot line of sight survey needs to be submitted for verification for the roof top equipment on Buildings IV -N and V. 4. That the rooftop equipment be relocated to the interior of the roof deck and the requisite line of sight surveys submitted for buildings IIINI- N &VI -S. 5. That a note be added to the plans that indicate light transmission for ground floor glass areas be no greater than 20 %. 6. That at least one building achieves LEED certification. 7. That the developer study screening mechanical equipment that may be visible from the upper floors within the development, and to provide perimeter screening of any visible mechanical equipment from the sides. 8. That the developer modifies the metal awnings on this building to be more proportional to the building and also to provide additional shutter detailing. 9. That more shutters be provided on building number VI, not including the interior courtyard areas, just the exterior street - facing elevations and again to work on the proportion of the small metal awnings and overhangs. 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Ln m m r= 0 16m V. Mai 0 Z2 Eo EZ Im al Z2 Eo EZ Im of wl NI of SMI ■U) U) II Cl Ln of wl NI of SMI ■U) U) II CITY OF DELRAY BEACH ►y,I4A01Z HU -111;4 ITEM: GENERAL DATA: Owners ........... .......... Applicant .......... . ....... . Agent........................... Location ....................... Property Size ................ Future Land Use Map... Current Zoning............ Adjacent Zoning.-North East: South: West: Existing Land Use...... Proposed Land Use... Water Service ............... Sewer Service ............... November 20, 2013 -- -STAFF REPORT- Atlantic Crossing — Class V Site Plan, Landscape Plan And Architectural Elevation Approvals Associated With The Construction Of A Mixed Use Project That Contains 37,642 Square Feet Of Retail Floor Area, 37,991 Square Feet Of Restaurant Floor Area, 83,462 Square Feet Of Office Floor Area, And 343 Dwelling Units. Freecor Investment, Inc., Atlantic Center, Ltd., CDS Gas Station, LLC, CDS 45, LLC, CDS -ASJ Building, LLC, CDS Delray Redevelopment, LLC, and CDR Atlantic Plaza, Ltd, Edwards CDS, LLC Covelli Design Associates, Inc. Between Veterans Park and NE 6th Avenue, and between East Atlantic Avenue and NE 15t Street. The development also includes the parking lot at the Northeast corner of NE 7th Avenue and NE 1st Street. 9.22 Acres Commercial Core & MD (Medium Density 5 -12 du/ac) CBD (Central Business District) & CF (Community Facilities) CBD & RM (Multiple Family Residential — Medium Density) RM & OSR (Open Space Recreation) CBD (Central Business District) RM & CBD (Central Business District) Office, Retail, and Multiple Family Construction of a mixed use development with 37,642 sq.ft. of retail, 37,991 sq.ft. of restaurant, 83,462 sq. ft. of office, and 343 dwelling units. Existing on site. Existing on site. EM BEFORE_ THrE B:OARQ The action before the Board is approval of a Class V site plan request for Atlantic Crossing pursuant to LDR Section 2.4.5(F). The request involves the following elements: 13 Site Plan; O Architectural Elevations; and 0 Landscape Plan. The project is located between NE 6th Avenue (Federal Highway) and Veterans Park and between Atlantic Avenue and NE 1St Street, along with the parking lot at the northeast corner of SE 1St Street and NE 7th Avenue. s BA,K�R4.UND? The project area consists of the existing Atlantic Plaza, a portion of Block 123, all of Block 116 of the Town of Delray subdivision and the NE 7th Avenue right -of -way between Atlantic Avenue and NE 1St Street (9.22 acres total). Block 116 contains four buildings that were constructed between 1962 and 1979. These buildings contain office, retail, and auction house uses. The gasoline station and multiple family residence previously located along NE 6th Avenue have been demolished. The site plan for the existing Atlantic Plaza was approved in 1984 with a total building area of 80,000 square feet. A non - impacting site plan modification was approved in 1986, reducing the total building area to 78,248 square feet. A total of 261 parking spaces were required for the approved building area. Since only 206 spaces were provided on site, the developer entered into an agreement with the City on January 3, 1986 to either provide the remaining required spaces in an off -site parking lot, or pay in -lieu fees for the 56 space deficit. On August 26, 1986, the Planning and Zoning Board approved a conditional use request for an off -site parking lot at the northeast corner of NE 1St Street and NE 7th Avenue. The 62 space lot was constructed in 1992. It is noted that this property is now included in the current development proposal. On August 31, 1998, a Class III site plan modification request was submitted to expand the existing dry cleaners. During its meeting of October 21, 1998, the Site Plan Review and Appearance Board (SPRAB) approved a site plan, landscape plan, and architectural elevations associated with a 1,200 sq.ft. addition to Gulfstream Cleaners. Atlantic Plaza At its meeting of October 17, 2005, the Planning and Zoning Board considered conditional use requests to increase the height and density for a new proposed mixed - use project called Atlantic Plaza. The development proposal consisted of the existing Atlantic Plaza site together with portions of Block 116. The project consisted of 4 five - story mixed -use buildings with 57,137 square feet of retail floor area, 44,204 square feet SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 2 of office area, and 8,811 square feet of restaurant area; a 795 space parking garage (distributed among the 4 buildings), along with 306 residential dwelling units. At this meeting, the Board recommended approval of the conditional use requests to increase the height of the buildings above 48 feet (60 feet proposed) and to increase the density of the project above 30 dwelling units per acre (47 dulac proposed). At its meeting of December 6, 2005, the City Commission considered the conditional use requests for the increase in building height up to 60' -0" and the increase in density to 47 units per acre for the Atlantic Plaza project. Following consideration, the City Commission postponed the application in order to provide the applicant the opportunity to reconsider the massing of the project along Veteran's Park. However, at the request of the applicant, the project was never rescheduled for consideration by the City Commission and the file was closed. Atlantic Plaza II (A) A new conditional use application was submitted for the property for a mixed use project that units of six (6) buildings with 89,126 sq.ft. of retail floor area, 29,709 sq.ft. of restaurant floor area, and 111,628 sq.ft. of office area, with 197 residential units and to allow an increase of the maximum building height to 60 feet. At its meeting of December 9, 2008, the City Commission approved the conditional use to increase the building up to a maximum height of 60 feet. At its meeting of February 17, 2009, the City Commission approved the abandonment of NE 7th Avenue and the alleys within the project area, subject to the provision of an easement for public access to a "relocated" NE 7th Avenue. The approval of the abandonment included the approval of a waiver to the minimum centerline street -jog offset of 125 feet (85 feet at the intersection of NE 7th Avenue and NE 1St Street). At its meeting of March 11, 2009, the Site Plan Review and Appearance Board approved the Class V site plan application associated with the development proposal. At its meeting of April 7, 2009, the City Commission considered an. appeal of the Site Plan Review and Appearance Board action. Following consideration of the project, the City Commission denied the appeal of the SPRAB action. Therefore, the SPRAB action to approve the site plan application remained in effect. The conditions of approval were addressed and the site plan was certified. This site plan approval is still valid until September 9, 2021, Atlantic Plaza II_(� A new development application was submitted that included the construction of two (2) five -story buildings; two (2) four -story buildings; and two (2) three -story buildings. The commercial component of the development consists of 52,021 square feet of retail; 28,204 square feet of restaurant; and 79,071 square feet of office. The residential portion of the development includes 442 dwelling units comprised of 70 efficiency unit; 151 one - bedroom units; 208 two - bedroom units; and 13 three- bedroom units. At its meeting of September 24, 2012 the Planning and Zoning Board considered the SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 3 conditional use requests to increase the density of the project to 51.10 dwelling units per acre and increase the building height to 59 feet 4 inches voted to postpone the applications. The Planning and Zoning Board directed the applicant to address traffic, transportation management, access to Veteran's Park (special emphasis on emergency vehicle access), and the impact of vehicles on the residential neighborhood to the north. Several of the Board members indicated that LEED certification should be sought for the proposed development. The pedestrian connections and general walkability of the project was also emphasized as a concern. The applicant revised the plans and eliminated the fifth floor of building IV, which is the one nearest Veteran's Park. The site was also redesigned to improve the vehicular access to the garages. The applicant agreed to contribute the cost of a shuttle bus to the City to address transportation management concerns. At its meeting of October 15, 2012, the Planning and Zoning Board re- considered the conditional use application and recommended approval to the City Commission. The City Commission considered the development proposal at its meeting of November 13, 2012. At that time, the development proposal consisted of two (2) five -story buildings; two (2) four -story buildings; and two (2) three -story buildings. The commercial component of the development consisted of 52,021 square feet of retail; 28,204 square feet of restaurant; and 79,071 square feet of office. The residential portion of the development included 442 dwelling units comprised of 70 efficiency units; 151 one - bedroom units; 208 two- bedroom units; and 13 three - bedroom units. After considerable public comment and Commission discussion, the project was postponed with the applicant directed to reduce the intensity of the project. Atlantic Crossing At its meeting of December 4, 2012, the City Commission reconsidered the revised development proposal. The revised development proposal reduced the total number of residential units from 442 dwelling units (51.10 du/ac) to 372 dwelling unit (43 du/ac) for a reduction of 70 dwelling units. The residential mix at that time consisted of 38 efficiency units; 141 one - bedroom units; 180 two - bedroom units; and 13 three - bedroom units. The proposed unit reductions would occur within the "footprint" of the buildings that the City Commission previously considered. The reduction was achieved by making individual dwelling units larger, which creates a corresponding reduction in the unit count and density. It is noted that there was no change to the physical layout of the property with respect to the building locations, height, driveways, landscaping, courtyards, etc. from what the City Commission previously considered. The effect of the proposal on parking was a net reduction in the total number of required parking spaces from 1,092 spaces to 1,000 spaces (92 space reduction). The reduction in required parking resulted in an increase in the number of surplus parking spaces that the project would have had from the previous 70 space surplus to a 162 space surplus. Following considerable public input and discussion, the City Commission voted to approve the conditional uses for the development, subject to conditions noted in Exhibit A. These conditions have either been addressed in the revised development proposal or will be attached to the site plan recommendation as conditions to be addressed. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 4 The action now before the Board is approval of the site plan, landscape plan, and building elevations. The development proposal incorporates the following: ➢ Demolition of the existing structures and construction of a mixed use project that contains 37,642 square feet of retail floor area, 39,434 square feet of restaurant floor area (include 1,443 square feet of outdoor dining area), 83,462 square feet of office floor area, and 343 dwelling units (25 loft units; 97 — 1 bedroom units; 201 - 2 bedroom units; and 24 — 3 bedroom units). These uses will be contained within 6 buildings; ➢ Construction of parking facilities that contain a total of 1,089 parking spaces. This parking is provided via sub -grade parking, an above -grade parking garage, surface parking lot at the northeast corner of the intersection of NE 7th Avenue and NE 1St Street, parallel on- street parking, and individual two -car garages for the The parking facilities along the east side of NE 7t" Avenue will be queue /circular drive from NE 7th Avenue, a garage driveway along individual driveways to the townhouse garages along NE ingress /egress to the subgrade parking facility along the west side will be available from a two -way driveway along NE 7th Avenue and driveway onto Federal Highway; townhomes. accessed via valet NE 1St Street, and 16t Street. The of NE 7th Avenue a one -way egress ➢ Construction of 9 parallel parking spaces and landscape nodes along NE 15t Street. ➢ The amenity package for the development includes fitness rooms, resident storage facilities, club room, rooftop pool on the porte cochere, rooftop patios, resident bar /commons cafe, bicycle storage lockers, common showers for employees, at -grade pool with spa and Baja shelf. ➢ The project contains numerous public and private (residential) courtyards and plazas. These areas contain several amenities including water features, terraced water feature, fire feature, fire place, seating /benches, public art, trellis, and aquarium feature. Additional hardscape features include: landscape planters, bike racks, and trash receptacles; ➢ Closure of NE 7th Avenue, construction of a cul -de -sac and emergency vehicle access, installation of a swale along the north side of NE 1st Street, and reconfiguration of the parking area at the northeast corner of NE 7 t" Avenue and NE 1St Street. SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 5 And other improvements including: ➢ Construction of a parallel drop - off /loading zone at the northeast corner of the intersection of Atlantic Avenue and NE 7th Avenue. Construction of a trash room and loading areas at the northeast corner of Building III. Construction of trash rooms in Buildings VI -N, V, IV -S, and a dumpster enclosure on the south side of Building IV -N. The grease interceptors for the restaurants are located in the subgrade parking areas. ➢ Installation /expansion of additional landscape islands on the south side of Atlantic Avenue, which will result in the elimination of 4 parking spaces; ➢ Installation of landscape areas within the public rights -of -way; ➢ Construction of raised crosswalks along NE 7th Avenue ➢ Installation of sidewalks, walkways, and associated landscaping. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Downtown Design Guidelines for the Central Business District (CBD) zone district, except for those portions of the buildings as noted in the furthest column to the right: Buildings I, lll, "and VC" ', Requ[red' c C it orrpiian e with. Roadl Building "" Building %Building Frontage Re uirQd q Lot �:rontage? Proposed I_ot LDR Require ments Side Height.. (min /max) Setback at Frontage Setback Y No 70% 183.25' Atlantic . ' " Ground min. /90% 10' max. min. /236. 155.42' Auenue Floor to max. 48' max. 26 2 75 25' ning 15' min. 27.48' 185.75' Lot >. en th g min Frontage 25' to 70% min. 15' min. 183.25' 185.75' 48' SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 6 * Per I_DR Section 4.4.13(F)(41fe1(4). Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. ** The plans incorrectly note the building frontage along NE 61h Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE 1s1 Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings I!, IV S V N, and V -� 70% 407.87' NE 6t` Ground min./90`` Compliance"with 10' max. min.1524. 280.67'* Required Floor to Proposed max. LDR Require menis . Side 40' max. (mini " Setback Avenue "" ` :" 37' f rontage Remaining 58.27' length g Setback . 15' min. min. No 279' 562 67'1**::, 70% 194.25' Lot 37' to min./90% 70% min. 10' max, 15' min. min./249. 407.87' 554.67' Atlantic Frontage 48, max. min. ,'AVeUe . , 48' to 90% 30' min. 236.48' 100% 60' 25' Remaining min. 52.75 2'x''7,5, Lot _ 70% length 180,43' min. NE St Ground min. /90% 10' max. min. /231. 181.25' Street Floor to max. 25: 98' max. 70% min. 15' min. 194.25' 25' Remaining 15' min. �� 35.12' 80.25' 25775 *� *" rein. length min. Lot; 25: ° 70% min. 15' min. 180.43' 238.58 * ** Frontage 48, min. 48' to 90% min, 30' 231.98' 100% 60' min. 70% 407.63' NE'7 � Ground min.190% 10' max. min.1524. 287.08'* Floor to max. 10' max. Avenue 25' Remaining 15' min. 58.23' 290.25' 582 33 length min. Lof =48 70% min. 15' min. 407.63' 494.42' Frontage min. 48' to 90% min. 30' 524.10' 100% 60, min. * Per I_DR Section 4.4.13(F)(41fe1(4). Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. ** The plans incorrectly note the building frontage along NE 61h Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE 1s1 Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings I!, IV S V N, and V -� Required Compliance"with Roadl :::.B 'Id' Building; " %Building Frontage Required Lot Frontage Proposed LDR Require menis . Side Height (mini " Setback t f rontage Setback . Ye5 No 70% 194.25' Ground min./90% 10' max, min./249. 224.75' Atlantic Floor to max. 75' max. ,'AVeUe . , , 25' Remaining 15' min . 52.75 2'x''7,5, Lot _ length min. Frontage " 25: 70% min. 15' min. 194.25' 253.5' �� 48' rein. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 7 th NE 7 70% ompUance with <, 407.63' tDR Ground min. 190% 10' max. min./524. 240.58'* Avenue Floor to max. Proposed 10' max. No percentage ' Remaining 15 min, 58.23' 278.92' 70% 47,16% (166,985 sq.ft) 5$2 33' 25' Third Floor length min. 354,091sq.ft. Frontage , 25' to 70% min. 15' min. 407.63' 472.42' 48, 354,091sq.ft. min. 11.71% (41,483 sq.ft.) st NR 1 Fifth Floor 70% 171.62' Sfreet Ground min./90% 10' max. min,/220. 182' Floor to max. 65 max. Remaining 15' min. 24.52' 63.17' 245 17 25' length min. Lot Frontage 25' to Pursuant to LDR Section 4.4.13(F)(4)(e)(1), upper level setbacks do not apply to 3 -story 48' townhomes. * Par I M Sactinn 4.4.131F11411a1141. Modifications to the frontage requirements may be oranted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved, The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the Recommendation section of this staff report under Special Actions. Allowable Upper Level Floor Area: Per LDR Section 4.4.13(F)(4)(b)(2), Section 4.4.13(F)(4)(c)(2), and Section 4.4.13(F)(4)(d)(1), the floor area of the upper levels of a building cannot exceed a certain percentage of the allowable ground level footprint area. The following table identifies the allowable ground level footprint building areas and the proposed upper levels for the proposed development. Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. ompUance with <, tDR Requlre>nent? : Allowable;grouO Maximum level fooiprint allowed Proposed Yes . No percentage ' (.Upper Levels:, 354,091sq.ft. 70% 47,16% (166,985 sq.ft) Third Floor 354,091sq.ft. 70% 28.28% (100,125 5q. ft.) " Fourth Floor 354,091sq.ft. 50% 11.71% (41,483 sq.ft.) Fifth Floor Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 8 Parking Requirements: LDR Section 4.4.13(G)(1)(a), the required parking for the retail floor area is 1 parking space per 300 square feet of total gross floor area. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total gross floor area. Per LDR Section 4.4.13(G)(1)(i)(1), the required parking for the office floor area is one parking space per 300 square feet of net floor area. Parking for multi - family residential structures and mixed use developments must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulative) as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit The proposed development contains 37,642 square feet of retail, 39,434 square feet of restaurant and outdoor dining area, 83,462 square feet of office along with 343 residential dwelling units that are comprised of 6 townhouse units (all are three - bedroom units), 25 loft units, 97 one - bedroom, 201 two - bedroom, and 14 three- bedroom units. Based on this development mix, the required parking for the proposed development is 1,026 parking spaces when adjusted by the shared parking allowance noted below. LDR Section 4.6.9(C)(8)(a) — Shared Parking allows for buildings, or a combination of buildings on a unified site, to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 9 The site plan data table indicates that a total of 1,089 parking spaces on -site via a combination of above grade and below grade parking (1078 spaces), 12 townhouse garage spaces, and 11 parallel parking spaces along NE 7th Avenue. However, in tabulating the actual parking provided from the floor plans, the project provides only 1,076 parking spaces. Thus, the proposed development contains a surplus of 50 parking spaces. The subgrade parking area on the west side of NE 7th Avenue has a two -way driveway from NE 7th Avenue (abandoned and now a private street) and a one -way vehicular egress onto NE 61h Avenue (Northbound Federal). This parking area contains 271 reserved (gated) parking spaces and 144 shared parking spaces that will be accessible to the public. The vehicular ingress /egress access points will be gated for control and payment purposes, A driveway onto Federal Highway is proposed approximately 300 feet south of the intersection with NE 1St Street. While we have received a concern over its proximity to NE 1st Street it allows essentially the length of a football field for drivers to transition to the western lane to make the left turn at the intersection. The above grade parking garage on the east side of NE 7th Avenue contains 380 shared parking spaces and 93 reserved spaces. This facility is accessed via a driveway along NE 1St Street and a driveway from the circular drive along NE 7th Avenue. This facility is also gated for control and payment purposes. The reserved spaces are located on the ground floor and are accessed from NE 15t Street. Given the peak usage times of the valet queue, the primary access to the garage will be from NE 1st Street. The applicant has indicated that this garage will be utilized for valet overflow. The subgrade parking facility on the east side of NE 7th Avenue contains 63 reserved parking spaces and 81 shared parking spaces. The applicant has indicated that this facility will be the primary valet storage lot. Given the peak usage and congestion, the developer will likely need to valet the resident's (reserved) vehicles in addition to the general public. The valet queue is designed with an entrance at the porte cochere, which serves as the drop -off. As stated, vehicles are parked in the primary sub grade facility and overflow to the above grade garage. Vehicle retrieval will occur further along the circular drive. The sidewalk around the circular drive includes a covered walkway for customer protection from the elements as they wait to retrieve their vehicles. All three parking garages will have roll down gates to secure these parking areas after hours. Generators: Per LDR Section 4.3.3(00) & (000), all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one public elevator together with the clubhouse. The proposed development provides a generator for each of the buildings that contain residential units. Based on the above, the development complies with this requirement. SPRAB Staff Report —November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 10 Open Space: Per LDR Section 4.3.4(K), the minimum open space on the CF zoned property is 25% and 47% is proposed. Thus, this requirement has been met. Per LDR Section 4.4.13(F)(2), within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(8) there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that the proposed development has provided 32,048 square feet (8.55 %) of the total project area as open space landscaped area. Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, a one - bedroom unit is 600 square feet, a two- bedroom unit is 900 square feet, and a three - bedroom unit is 1,250 square feet. There are 25 efficiency (loft) dwelling units that range in size from 479 square feet to 663 square feet; 97 one - bedroom dwelling units that range in size from 663 square feet to 1,066 square feet; 201 two - bedroom dwelling units that range in size from 963 square feet to 1,997 square feet; and 20 three - bedroom units that range in size from 1,997 square feet to 3,962 square feet. Based upon the above this LDR requirement has been met. Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the height of the building to 60 feet and a density of 43 dwelling units per acre subject to the condition that the applicant demonstrate compliance with the requirements of Article 4.7 (workforce housing) prior to certification of the site plan. Per LDR Section 4.3.4(J)(4)(b)(iii), workforce housing equal to at least 20% of the residential units on the top floor (fifth story) shall be provided within the development, offsite, or through monetary contributions as referenced in Article 4.7. Further pursuant to LDR Section 4.4.13(1)(1) (density), the development is required to provide 20% of the dwelling units above 30 dwelling units per acre as workforce units. The revised development proposal contains 33 dwellings on the fifth floor. The developer is now required to provide 7 workforce dwelling units for the height increase. The current development proposal includes 86 dwelling units over 30 dwelling units per acre. The development is now required to provide 18 workforce units for the density increase. The total required workforce requirement for the development is 25 dwelling units. The units (if any) that are provided either on -site or off -site will need to comply with the location and amenity requirements of LDR Section 4.7.9. if the developer opts to contribute monetary funds, an in -lieu payment of $160,000 per unit will be required payable to the City of Delray Beach Housing Trust Fund. The workforce housing SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 11 option(s) and compliance with Article 47 will need to be finalized prior to certification of the site plan and this is attached as a condition of approval. Building Height Restriction: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of sixty feet, may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 160 feet of any zoning district which has a maximum height limit of 35 feet, measured from the property line of the CBD zoned property. The property located at the northwest corner of NE 7t" Avenue and NE 1st Street and east of this intersection is zoned RM (Multiple Family Residential — Medium Density) which has a 35 -foot maximum height requirement. Thus, the 150 -foot separation requirement applies to building #6, which includes a fifth floor. The fifth -story floor plan for building #6 graphically depicts the 150 -foot separation. Therefore, the proposed development complies with this requirement. Floor Height: Per LDR Section 4.4.13(F)(1)(c), the floor height shall be a minimum of 10 feet for ground floors and a minimum height of 9 feet for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. The smallest required ground floor height for all buildings are those with residential use on the ground floor, which have a height of 10 feet. The smallest required upper floor heights for all buildings are also the residential building with a floor height of 9.08 feet. Thus, the proposed development complies with the minimum floor height requirements. Special Buffer: Per LDR Section 4.4.21(H)(2), when the CF zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet, or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The suggested 15 -foot perimeter landscape area has been provided on the north and east sides of the parking lot on the north side of NE 1St Street. The Delray Beach Police Department has reviewed the initial submittal of the site plan application (which has since been revised) has had made the following observations: i SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 12 Surveillance: Observation: Natural Surveillance describes the natural ability of `normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (all `normal users') are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good natural surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. Trees should be maintained regularly as to not block light or windows, and plant life should be below 3 ft. tall or above 6 ft. tall as to not obstruct natural surveillance vantage points. Windows to business and office areas should remain unobstructed by signage or plant life. Comment: A condition of approval is attached that the vegetation be maintained below 3 feet and above 6 feet to maintain good surveillance throughout the property. Further, the condition will include a provision that the windows of the businesses and offices remain unobstructed by signage or plant life. Access Control Observation: Access Control involves using mechanical, organizational, or natural measures to deny access to crime targets and ensure there are no major traffic issues. Access Control can involve the use of doors, gates, locks and bollards. There are several areas where access control is a concern. How will the parking garage and other enclosed parking areas be managed over night? Will there be gates or keycard access? How will residents access their living quarters from the parking garage and the other inside parking areas? How will elevators be accessed? What system is being used to ensure the elevators cannot access the upstairs office space after hours. How will the elevators to the residential areas be controlled. There are several types of key card systems or number pad systems that can be utilized to ensure only normal users gain access, and abnormal users are kept out. The Police Department should also be provided with access to any and all gates and doors in case of emergency. Comment: The development proposal has been revised to indicate that roll down doors will be provided at the entrances to the parking garages to restrict abnormal users from conducting nefarious activities. The applicant provided the following narrative regarding access to the residential areas of the development: "...The residential portions of the parking garages are secured at all times with floor to ceiling barriers and roll up doors. Residents use a key card system for access to the parking and buildings. The overall parking garages also will have roll up doors that will be closed after hours to secure the parking garages. Any patron that is locked in can get out, but no one from the public can access the garages after hours. Residents will have key card access 24 hours..." SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 13 The roll down gates will need to have knox boxes to allow entrance by emergency personnel and this is attached as a condition of approval. Lighting Observation: Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. The study indicates that lighting will provide sufficient illumination for the lot and the surrounding area. There are no photometric numbers provided for the East Atlantic corridor. These numbers should be provided as the buildings will affect light in the area. The lights used should be LED, as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses should be placed over the light to deter vandalism and lights should be positioned to avoid glare areas and blind spots. Comment: The photometric has been revised and discussed in greater detail in a later section of this staff report. The applicant has indicated that LED light fixtures and shatter -proof lenses will be provided. It is noted that the Engineering Division reviews the lighting within the public and private streets as part of the building permit process. Traffic Observation. The design shows there is no access to Veteran's Park from Atlantic Ave. It is recommended that there be an exit -only westbound lane included so vehicles can leave the park through a southern exit. NE 7th Ave. being blocked off at NE 15t St. creates concerns for emergency vehicle access. The concerns are two -fold, police and fire response times will increase to certain parts of the city due to the change. It will also force some local traffic to northbound Federal Hwy. This will cause a strain on the already designated "high crash intersection" NE 6th Ave. and 15# St. Keeping NE 7th Ave. open does not affect the overall design plan much, but assists emergency personnel to continue to provide efficient services. Comment: The applicant submitted the following narrative in response: "...A proposed Master Redevelopment Plan has been prepared for the park by a consultant hired by the city. The access to the park is not related to the Atlantic Crossing. However, at meeting with FDOT a southern access was discussed and will not be approved by FDOT due to sight distance constraints caused by the bridge. The proposed master plan shows the parking being reconfigured to the north end of the park with a full circulation parking lot which will alleviate this concern. An emergency access point is being proposed to permit access from NE I't Street to NE 7th Avenue..." As noted, the existing vehicular cross access between the Atlantic Plaza property and Veterans Park will be eliminated. This cross access was provided through an easement granted by the property and has since been dissolved. This cross access was granted by the property owner and had no responsibility to maintain this driveway. Further, the SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 14 property owner bears no responsibility in seeking or providing a new driveway from Veterans Park onto Atlantic Avenue. As noted, a new driveway from the park is extremely problematic given the proximity to the bridge. The closure of NE 7t" Avenue at NE 15t Street creates a concern with respect to response routes and times for emergency responders. This was placed as a condition on the conditional use approval by the City Commission. Safety/Security Observation: This area historically yields a large volume of calls for service. Will there be any security guards patrolling the area? Will there be employees in the lobby of any of the residential buildings? A CCTV system or camera security device inside and outside the buildings and parking lots is a necessity. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. Comment: The applicant submitted the following narrative in response to these comments: "...Site security will be paramount for all tenants, customers and visitors of Atlantic Crossing. The following state of the art security measures will be used. • Controlled access parking with direct building entry • 24 hour controlled building access to all residential buildings • 24 hour emergency maintenance • Security cameras in parking garages • Controlled access to office buildings after regular business hours • Controlled elevator operation in residential buildings • Staffed reception desk in office buildings • On -site parking attendant to monitor all parking facilities..." The development includes a security office that will include a staff member that will observe the CCTV monitors. With the provision of facilities outlined above and the items attached as condition of approval (Maintenance of vegetation) the CPTED concerns will be addressed. Lighting: A photometric plan has been submitted for the parking and pedestrian areas within the development. The photometric plan demonstrates compliance with the City's illumination levels for all locations except for the east/west courtyards between buildings I & Ill, II & 1V south, and on the north side of building III. These areas include commercial building entrances. In these situations, the maximum illumination is 10 foot candles and the minimum illumination is 1 foot candle. The photometric plan does not provide the illumination levels. These areas are of particular importance since they do not have street frontage and surveillance becomes more problematic. Thus, a condition SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 15 of approval is attached that the photometric plans be revised to include the illumination levels in these east/west courtyards. Loading: Per LDR Section 4.6.10(C), the suggested number of loading spaces for the 37,642 square feet of retail, 39,434 square feet of restaurant (includes outdoor dining areas), and 83,462 square feet of office is 10 berths. Per LDR Section 4.6.10(D)(1), the following are the dimensions for these births: * Width * Length * Vertical Clearance Maneuvering Apron FOR SINGLE UNITS 12' 30' 12' 30' FOR TRAILER UNITS 14' 60' 15' 60' Per LDR Section 4.6.10(D)(2), where the entrance of a building is designed for loading and unloading operations, such entry shall provide, at least, one loading space. Otherwise loading areas shall not be located so as to create confusion or conflict with other use areas e.g. dumpster locations. The proposed development provides loading births that are co- located with other uses. In lieu of providing the dedicated loading births that meet the dimensional requirement, the applicant proposes to provide a total of 13 loading areas that are all accessed from NE 7th Avenue. These loading areas include 5 parallel spaces along NE 7th Avenue that are also utilized for a shuttle stop, cab drop -off, and required parking spaces. Two loading spots are collocated in an enclosed compactorldumpster area (Building 111) on the west side of NE 7th Avenue. The applicant identifies 4 loading spaces collocated with the valet queue underneath the porte cochere and one more in the valet pickup area. The last loading space is in the covered area within Building IV and is collocated with a trash collection area. There is a concern that proposed loading /unloading facilities for the commercial uses will be insufficient to accommodating the demand of the businesses or the maneuvering /dimensional needs of the semi - trailers. If the proposed loading facilities prove to be insufficient for the larger vehicles, they will be forced to load from the travel lanes along NE 7th Avenue. It is also noted that there is a concern that the proposed parallel zone on the east side of building I and the valet queue are not located optimally for daily deliveries, such as FEDEX or UPS to serve all of the businesses. This may result in the temptation for the drivers to simply park in the travel lanes along Atlantic Avenue or NE 6th Avenue to service those buildings. The applicant has indicated that the project is considered a "managed" development, and delivery companies will be forced to utilize the designated loading zones by the management company. Per LDR Section 4.6.10(8), the body approving the site plan associated with the proposed development shall determine the adequacy of the provisions which are made for (un)loading. In making such a determination, the standards and guidelines of this SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 16 Section shall be considered. The final determination may result in accommodations in excess of or less than such guidelines, or in the waiving of any such accommodations. There are concerns with the functionality of the collocated loading zones and the reasonability of the proximity of the loading spaces (particularly the FEDEXIUPS type deliveries) with the businesses they serve. If the Board finds that the loading facilities are adequate, staff recommends the attached condition that the management company require delivery services to utilize the designated loading zones exclusively. Tandem Parking; Per LDR Section 4.6.9(D)(2), each required parking space shall be accessible at all times. The tandem parking spaces are not allowed within the subgrade parking garages on the west side of NE 7th Avenue. two tandem parking spaces are eliminated, the development has. Dead -End Parking Bays: A condition of approval is attached that the This will reduce the surplus of parking that Per LDR Section 4.6.9(D)(4)(c), dead -end parking bays are discouraged, but when site conditions dictate that there be dead -end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. This maneuvering area shall not encroach upon required landscape areas. The parking facilities contain numerous cases of dead -end parking bays without the required maneuvering areas. In order to address the required maneuvering area, a condition of approval is attached that the last parking space in these dead -end bays be striped -out. This will reduce the surplus of parking that the development contains. NE 7tn Avenue Closure: At its meeting of December 4, 2012, the City Commission approved the conditional use requests for an increase in building height and density increase subject to a condition of approval that the applicant pay for the closure of N.E. 7th Avenue at N.E. 1St Street. The purpose for this requirement was in response to concerns from the residential neighborhood to the north regarding traffic impacts caused by the proposed development. The concern with closure of this road is the negative impact on response times for emergency services. It also reduces navigation options in the area for these responders. Further, impacts on normal daily traffic circulation are not known from the closure in the grid system. For instance, the closure may have an adverse impact on the two -lane George Bush Boulevard Intracoastal Waterway bridge, since local traffic may seek this route to cross rather than rerouting through the downtown to use the four lane Atlantic Avenue bridge. The outright closure of this street should be reconsidered. The City Engineer and Delray Beach Police Department do not support the closure of this street. In order to address all party's concerns, this street should be closed temporarily (removable concrete barriers) and the cost of the improvements noted on the plans paid to the City. This will allow the City time to study the impacts the closure will have on response times and traffic patterns. This temporary closure should SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 17 continue until after the issuance of the final certificate of occupancy for the development a full study of impacts post development is conducted. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items contained in Exhibit B remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Imperial Buttonwood, annuals, Dwarf Chenille Plant, Foxtail Asparagus Fern, Variegated Shell Ginger, Verawood, potted Bromeliads, Queen Emma Lily, Cat Palm, Green Buttonwood, Bridalveil, Redtip Cocoplum, Glory Bower, Green Malayan Coconut Palm, Old Man Palm, Geiger Tree, Croton, Small Leaf Clusia, Jamaica Caper, Royal Poinciana, Dwarf Thornless Euphorbia, Japanese Fern Tree, Mauritius Hemp, Green Island Fig, Climbing Fig, Hibiscus, Dwarf Yaupon, Wax Jasmine, Pink Crepe myrtle, Japanese Privit, Simpson's Stopper, Dwarf Sword Fern, Green Apples Bromeliad, Petra Bromeliad, Medjool Date Palm, Alexander Palm, Bay Rum, Bahama Wild Coffee, Macarthur Palm, Yew Podocarpus, Pringles Podocarpus, Dwarf Date Palm, Queen's Wreath, Xanadu Philodendron, Highrise Live Oak, standard Live Oak, Lady Palm, Royal Palm, Gold Seum, Paradise Tree, Satakentia Palm, Cabbage Palm, Purple Tabebuia, Thatch Palm, Mirror Leaf Viburnum, Sandankwa, Winin Palm, Coontie. Landscape Technical Items. The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1) The Landscape Plan will need to take into account the improvements along NE 6th Avenue as part of the Federal Highway Beautification project. Plans for this project are available through our Engineering Department. Please call Tim Tack at (561) 243 -7315. Show all improvements associated with this beautification project within the limits of the Atlantic Crossing project on the Landscape Plans. 2) The donation of existing trees on site was made a Condition of Approval prior to the changing of ownership of this project. All existing trees that were proposed for removal and were of interest to the City of Delray Beach were required to be root - pruned and relocated to a park designated by the City of Delray Beach. This requirement shall remain. As such, a new Existing Tree Survey is required. Show all existing trees with a caliper of 4" or greater. Label all trees with their botanical name, common name, height and spread specifications, condition and proposed action (remain, relocate or remove). All trees proposed for removal based on this new survey will be evaluated by City staff who will determine the value of the trees to the City. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 18 3) It was discussed that a similar streetscape proposed along the north side of Atlantic Avenue would be replicated along the south side of Atlantic Avenue. A combination of Live Oaks and Royal Palms were to be used. This has not been indicated on the plans. 4) There appears to be a conflict with proposed trees within the parking lot on the north side of NE 1St Street and existing underground utilities. The proposed trees will need to be shifted so that these conflicts are resolved, 5) The proposed Royal Palms along the north side of Atlantic Avenue are planted too close together. Space out the palms so that the edge of the canopies are touching, but are not grossly encroaching on each other. 6) Per LDR 4.6.16(H)(3)(h), All landscape islands are required to contain a minimum of seventy -five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. 7) Per LDR 4.6.16(H)(3)(i), landscape islands are required to contain one (1) shade tree that is at least sixteen feet (16') in height. Palms are not permitted. ARC.HITECT,URAL EL.EVAT10N;S Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed development is comprised of an array of architectural styles unified not by their details but by their similarity in scale and massing. Building I is situated on the northeast corner of East Atlantic Avenue and NE 6t� Avenue /North Federal Highway, and contains what will likely be the most visible and viewed elevation of the entire project. The design exhibits a clean Commercial - Vernacular style with Mediterranean influences. Large amounts of upper -story fenestration lend itself to a corporate office aesthetic balanced by the pedestrian friendly SPRAB Staff Report— November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 19 commercial spaces on the ground level. The wall planes and massing are broken up by the offsets between the stucco - finished, hip- roofed wall planes and towers at each corner and the flat - roofed set back walls of glass. An additional feature is the centrally located arcade on the ground floor, facing East Atlantic Avenue. The arcade anchors the main entry to the building, and is accented by a single -story, wood trellis covered in flowering vines. Building 11, which is located at the southeast corner of the development and adjacent to Veteran's Park, also fronts onto East Atlantic Avenue and will provide the focal point for all vehicular and pedestrian traffic crossing the Atlantic Avenue Bridge from the beach side of the city. The architectural influences in this building's design vary, The east and west ends of this building continue similar elements and aesthetics as Building I; the middle portion of Building 11 is influenced by both the Art Deco and Art Moderne style. The styles, while very similar, have their differences, each of which are evidenced in the details including the upper -story, stepped vertical focal point located slightly off center and above the ground floor arcade. This vertical element is flanked by horizontal bands of multi -light casement windows topped by style - appropriate eyebrows for shade. The ground floor, which contains retail space, consists of larger single -light panes of glass with multi -light transoms. An extended flat roof supported by simple, round columns provides a covered entry area for pedestrians. The stucco finish and white and blue color palette appropriately compliment these design features. The portion of the building to the east and adjacent to Veteran's Park consists of a ground floor containing larger multi -light windows and a walkway covered by the cantilevered upper -story terrace, supported by decorative brackets. In addition to the terrace, the upper - stories are broken up as the corner wall planes vary with setbacks and heights to break up the second and third stories. The north side of this elevation, however, reverts back to the ground floor store front and two stories of glass on the second and third floors above, as described in Building I. This design continues onto the rear elevation, which faces Building IV -S, and is broken up in the middle with the Art Deco / Moderne details as described on the front of the building. The clear architectural contrast between each of the building's three sections implies that three different buildings were developed separately possibly when the downtown was originally developed. Their juxtaposition is in harmony and scale with each providing balance to the elevation. Building III is located due north of Building I, and fronts onto NE 6th Avenue /North Federal Highway. This five -story building consists of a commercial ground floor topped by four stories of residential units. As a result, the architecture significantly deviates from Buildings I and II by eliminating the upper -story glass walls and large expanses of fenestration. The west elevation consists primarily of a three -story building as the upper stories are considerably setback from the main wall plane. This setback provides the ability to contrast the architectural style within the building and give the appearance of two buildings constructed at different times. A green wall feature on the corner of the three -story portion adds interest to this side of the building which faces NE 6th Avenue /North Federal Highway. Juliet balconies with single -light French doors are featured in some units, while other units have been provided inset, covered balconies. The ground floor contains a mix of arched and flat openings, while the upper residential SPRAB Staff Report —November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 20 stories consist of 911, single -hung windows, and multi -light and single -light French doors. The wall plans, primarily on the north and south elevations, have added interest with varying wall planes and setbacks, complimented by both a flat and parapet roof. The primary material consists of stucco, accented by a stone finish ground floor on the west elevation and a four story, decorative tile wall on the south elevation. These features are further celebrated by the complimentary color scheme which varies between the wall planes. The east elevation mimics the west elevation with the step down from five stories to three stories, thereby providing an appropriate transition into the pedestrian friendly streetscape adjacent to NE 7th Avenue. To the east of Building III, and adjacent to Veteran's Park is Building IV -S. The design of this four -story building contains a strong Mediterranean Revival influence, with multi - light windows throughout including those of a diamond configuration reminiscent of leaded glass windows, arches throughout, a clay barrel -tile roof, decorative tile accents, and a mix of stucco and stone for the wall finishes. The building, which consists of ground floor retail dining uses and upper story residential units, is broken up by varying wall plane setbacks to provide interest in the elevations. The southwest corner of the building contains a rounded one -story element which provides open -air seating below and an open terrace for the building's residents above, at the second -story level. The northwest corner of the building contains a covered driveway /valet area extending from NE 7th Avenue. This two -story feature contains arched openings and decorative tile accents. The top of this feature provides the pool and outdoor area for the residents, with access gained on the third floor. Green and navy blue canvas awnings accent the architecture and color scheme and interest to the building. However, the ground floor on the south elevation incorporates Galvalume, standing seam metal roof overhangs to provide a covered walkway for pedestrians. This material is not appropriate and should be revised to the barrel clay tile on the roof, or the canvas awnings would also be appropriate. This material revision has been added as a condition of approval. Building IV -N and Building V are located at the northeast corner of the project adjacent to both NE 15t Street and Veteran's Park. A five -level parking garage is situated in the center of the building and is connected to Building IV -N to the south, and Building V to the north. The garage will provide parking for residents in the attached residential units which consist of apartments and townhouses; no commercial spaces are located within these buildings. Building IV -N faces Building IV -S, which is similar in architectural style. A heavily landscaped courtyard provides an urban park area between these two buildings adds interest to the residential area while providing an appropriate separation from the busier, more intense area of the development. The Mediterranean details and influences in the architectural design are on the south elevation and slightly wrap around onto the east and west elevations. These details are similar to those described for Building IV -S; however, Building IV -N contains additional arched openings, and more prominent tower features at each corner. The very geometrical and modern design of Building V is a complete contrast from the Mediterranean style of the balance of the building. Building V is indicated as the north elevation of the parking garage, and a majority of the east and west elevations. The wall planes vary and create a rhythm on the elevation with the offsets and varying heights. The vertical elements are SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 21 complimented by the horizontal lines of the balconies, eyebrow details, and windows. The single -car garage doors on the north elevation also fit into the geometrical rhythm of the building. Building VI, which consists of Building IV N and Building IV -S, is located at the northwest corner of the project and is adjacent to NE 6t" Avenue /North Federal Highway and NE 1st Street. Looking at this as one building, there are five stories of residential units on the south side, interior to the overall development, and gradually steps down to three stories towards the adjacent rights of way with a small two -story commercial component at the extreme northwest corner of the building and development. The step down to two- stories will assist in relieving the impact of the project onto the adjacent residential neighborhood to the north. The buildings are connected on the west elevation only, with a metal roof, covered walkway; the west elevation does not physically connect the two buildings. A courtyard is located between the two buildings and provides a large deck area and swimming pool for the residents. Landscaping is also dispersed throughout the courtyard and around the perimeter of the building. The design of this corner consists of a round element to provide an interesting focal point for traffic coming from the north. The overall architectural design and style consists of a contemporary masonry vernacular style popular in local residential development and has been approved for multiple projects in recent years. Frequently referred to as "Key West" or "Floribbean ", the overall design consists of smooth stucco, which varies between the lower and upper stories to break up the massing, 911 single -hung windows, inset balconies, a flat roof, and metal roof canopies or overhangs. In addition to the green wall feature on Building III and the urban park at Building IV, there are other points of interest within the development such as the 33' tall, 50' long "Shell" located between Building I and Building III within the pedestrian retail /dining street. The "Shell" is made up of translucent glass over a metal frame. West of the "Shell" is a water feature and additional landscaping within this plaza. A freestanding aquarium is proposed adjacent to NE 7th Avenue and northeast of Building I. See attached color renderings. In consideration of the applicable criteria, the proposed architectural elevations comply with the criteria of LDR Section 4.6.18(E) as illustrated in the architectural descriptions above. The plan conforms with good taste and design and will contribute to the image of the City as harmony both within the project and to the existing surroundings has been achieved. The exterior design will not cause depreciation in appearance or value of the local or evolving environment adjacent to the project. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made, subject to the condition that the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. Roof Mounted Equipment: Per LDR Section 4.6.18(B)(14)(i)(4), roof mounted electrical, mechanical, air conditioning, and communication equipment shall be completely screened from SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 22 adjacent properties and streets. A sight line study with the following information shall be submitted to Site Plan Review and Appearance Board for approval: (a) A two - dimensional cross section, at a minimum scale of 1;100, of the site showing the building with the equipment screening in relation to the adjacent properties or public street. (b) Graphic illustration showing that the equipment is not visible within a 200 foot radius. The radius shall be measured from the exterior side of the screen to a point ten feet (10') above finished grade. The plans include the line of sight surveys for buildings I and II and indicate that the rooftop equipment will not be visible from off site. The rooftop equipment for these buildings are located toward the interior of the roof deck and will be screened by the parapets and the angles involved. However, the rooftop equipment for buildings III, VI- N, VI -S are located along the perimeter of the roof decks. These buildings contain minimal parapets (as little as 5 inches). The rooftop equipment for these buildings needs to be relocated to the interior of the roof deck and the requisite line of sight survey submitted and this is attached as a condition of approval. The rooftop equipment for buildings 1V -N and V are located approximately 28 feet from the edge of the roof deck and are mostly screened by parapets and will likely not be seen from offsite. However, a 200 -foot line of sight survey needs to be submitted for verification and this is attached as a condition of approval. The rooftop equipment for building IV -S is located in a rooftop well and will not be visible offsite. A line of sight survey is not necessary for this building. Minimum Transparency: Per LDR Section 4.6.18(B)(14)(IV)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non - mirrored, and have a light transmission reduction of no more than 20 %. The applicant has submitted a plan (sheet 12) that indicates that a minimum of 76.6% window transparency will be provided. Thus, this requirement has been partially met. A condition of approval is attached that a note be added to the plans that indicate light transmission for these glass areas will be no greater than 20 %. Green Building Design: Per LDR Section 4.6.18(B)(14)(v)(6), cross - ventilation, energy efficiency, and green building design shall be considered for all projects. As noted in the background section of this report, the City Commission approved the conditional uses for this development subject to the condition that at least one building achieves the designation as °LEED for Neighborhood Development (certified)." This condition is attached to site plan recommendation. SPRAB Staff Report— November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 23 R`E�QU IRED F]'NDI" GS'�. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of December 4, 2012, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. REQUIRED FINDINGS (Chapter 31 Pursuant to LDR Section .3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrenc As noted previously, the City Commission made a positive finding of concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 24 As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Obiective A -1; Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed -use (residential, restaurant, retail and office) development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year - round basis, which in turn will provide economic stability and growth for the downtown area. in terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year -round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area ". The proposed Atlantic Crossing development will help to fulfill this stated land use need by providing housing at an appropriate increased density for the downtown core resulting in 343 additional dwelling units in the downtown area in close proximity to shopping and employment, and at the eastern portion of the downtown. Therefore, the proposed project is consistent with this policy. Future Land Use Element Objective C -4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida ". The following policies and activities shall be pursued in the achievement of this objective: SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 25 Policy C -4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; ❑ Incentives for dinner theaters, playhouses, and other family oriented activities; ❑ Allowing and facilitating outdoor cafes; ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. This Comprehensive Plan Policy specifically refers to the CBD district regulations. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian - oriented retail activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. In addition this development proposal will locate 343 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, work, cultural areas and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants in, and contributors to, the downtown area community. The Atlantic Crossing development proposal is consistent with Future Land Use Element Policy C -4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. The Downtown_ Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy prepared by the Delray Beach Joint Venture The Delray Beach Joint Venture has sub - divided Downtown Delray Beach into eight clusters for analysis. This development is in Cluster 6 which is a critical pedestrian link between the resort district and the heart of Downtown. Cluster 6 corresponds to the commercial corridor along East Atlantic Avenue from 5th Avenue to the Intracoastal Waterway. This cluster contains several "comparison goods" retailers as well as prime street -level retail space devoted to non - retail uses such as offices. Several restaurants offer seating overlooking the Intracoastal Waterway. Atlantic Plaza is a privately owned shopping center with significant redevelopment potential. Veterans Park has potential for enhanced programming. Cluster 6 is a critical pedestrian link between the resort district_ and the heart of Downtown. Redevelopment of a site occupied by a gas station offers the opportunity to add continuous storefronts on a portion of the northern frontage of Atlantic Avenue. Atlantic Plaza's setback from the street presents a challenge to maintaining continuity of pedestrian activity. SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 26 Conversion of non - retail uses into retail spaces on the south side of Atlantic Avenue can increase pedestrian activity. Additional apparel /shoe retailers (in Atlantic Plaza and on the street) should be sought for this cluster. Restaurant uses are also appropriate." The Atlantic Crossing project's concept facilitates the creation of a vibrant and pedestrian friendly retail corridor connection along the Avenue in the CBD (Central Business District), which is consistent and in harmony with the City's efforts to provide a pedestrian friendly streetscape for Atlantic Avenue, The City's efforts are reinforced through Future Land Use Element Policy C-4.1, the Downtown Master Plan and by the Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy. Transportation Element Policy A -1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed -use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the north of the subject property, on NE 6th Avenue (Northbound Federal Highway), it is appropriate that the development provide a bus shelter and easement on NE 6th Avenue. The site plan indicates that a bus shelter will be installed at the southeast corner of Federal Highway and NE 1St Street between the public sidewalk and Federal Highway. Based on the above, the development complies with Transportation Element Policy A -1.3. Transportation Element Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal includes bicycle racks along Atlantic Avenue, Federal Highway, and NE 7th Avenue. Further, the development provides bike storage lockers in the subgrade parking area on the west side of NE 7th Avenue. Based on the above, the development will comply with Transportation Element Policy D -2.2. _Open Space and Recreation Element Policy A -3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 27 be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide several recreational facilities for its residents, such as a swimming pool, cyber cafe, recreational room, and exercise room. Given the intensity of the proposed development (343 dwelling units), it is reasonable that the proposed development provide these recreational opportunities. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Crossing development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park, Osceola Park, and Currie Commons) and other facilities that can be utilized by children (such as the pool) have been provided, the intent of this policy will be met. Based on the above, it is appropriate to waive in part (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B -2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. However, it is acknowledged that dwellings in downtown Delray Beach are not typically occupied by families with children. The proposed development will primarily accommodate young and middle -age professionals. The development will provide the following mix: 25 efficiency units, 97 one- bedroom units, 201 two - bedroom units, and 20 three- bedroom units. The proposed development accommodates various sizes of units for households having a range of ages, and thus, complies with Housing Element Policy B -2.2. Housing Element Policy B -2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy B -2.6 as it provides the desired type of residential development within the CBD. SPRAB Staff Report -- November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 28 Housing Objective A -12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. Additionally, the introduction of additional residential dwelling units will increase the safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. Based upon the above, the development proposal will be consistent with Housing Policy A- 12.3. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north by CBD and RM (Multiple Family Residential — Medium Density ); to the south and west by CBD; and OSR (Open Space Recreation) to the east. The surrounding uses are a parking lot, multiple family, and restaurant to the north; Veterans Park to the east; retail to the south; and the Colony Hotel to the west. The mixed -use development proposal will significantly enhance the aesthetics of the subject property together with the neighborhood. This will also provide a crucial pedestrian link along Atlantic Avenue that will promote harmony between adjacent and nearby properties. The proposed redevelopment will provide year -round customer and employment base for the nearby commercial properties as well as new opportunities for businesses. The stability of the downtown area will be enhanced by the addition of 343 households and office employees that will patronize area businesses and contribute to the long term revitalization of this redevelopment area together with employment base of the commercial uses. Community Redevelopment Agency CRA): At its meeting of October 24, 2013, the CRA reviewed the site plan request and recommended approval. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 29 Downtown Development Authority (DDA); The DDA considered the development proposal at its meeting on November 4, 2013 and unanimously recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Delray Citizen's Coalition ➢ Palm Trail ➢ Delray Summit ➢ Beach Cabana Condo ➢ Beach Property Owners' Association ➢ Peggy Hammond ➢ HHC Atlantic, LLC ➢ Patricia G. Moran ➢ Barr Terrace ➢ Casa La Brisa ➢ Seagate Towers Condominium, Inc. ➢ Carolyn Patton ➢ Martin Piszel ➢ BO I & Maud Andersson ➢ RG Realty Holdings, LLC ➢ Chamber of Commerce ➢ Barr Harbor ➢ Via Marina ➢ Harbor House HOA ➢ The Grove ➢ Harbor View Apts. ➢ Parkview Manor Condo ➢ Bruce and Cynthia H Find attached, numerous letters of support and concerns regarding the proposed development. The existing development of Atlantic Plaza has long created a disruption in the urban fabric of the Downtown. This development will provide that much needed pedestrian prime street level commercial connection between the resort district (east of the intracoastal) and the heart of Downtown. The resulting development, while substantial, has met every requirement of the Downtown Design Guidelines. The guidelines were adopted to mitigate mass and scale of projects by requiring greater setbacks as height increases as well as by reducing building mass for upper floors (reduced percentages as they relate to ground floor coverage). Consequently we believe the resulting development proposal is appropriate and consistent with the Comprehensive Plan, the LDR's and the Downtown Delray Beach Master Plan. Outstanding concerns are noted on two items which will need to be addressed with the approval. These include adequacy of the loading function throughout the site and the closure of NE 7th Avenue at NE Vt. Staff has recommended the applicant provide the money to implement the improvement at this time, however, installation of the permanent improvements should wait till the impacts of the action and fully explored a temporary closure should occur at this time. This is consistent with how all prior SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 30 closures have been proceeded (temporary closure /analysis of impacts /permanent closure as warranted). A. Postpone with direction. B. Move approval of the request for Class V site plan, landscape plan, and architectural elevations for Atlantic Crossing, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for Class V site plan, landscape plan, and architectural elevations for Atlantic Crossing, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Special Actions: Approve the special action to modify the frontage requirements, 192 frontage on Federal Hwy./60 West side of NE 7t" Avenue/75 east side of NE 7t" Avenue. for the lower floors along Atlantic Avenue, NE 6t" Avenue, and NE 7t" Avenue based on the finding per LDR Section 4.4.13(F)(4)(e)(4), that the modifications are in order to accommodate public plazas that allow for public seating areas and public art. Site Plan: Approve the request for a Class V site plan for Atlantic Crossing, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items. (Exhibit A) 2. That the plans are revised to correctly note the building frontage dimension along NE 6th Avenue. 3. That the plans be revised to correctly note the northern frontage dimensions of building Vl. SPRAB Staff Report— November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 31 4. That the shared parking calculation table noted on the site plan be revised to be consistent with the current development proposal. 5. That the applicant contributes the cost of a shuttle bus trolley to the City. 6. That the applicant design and fund turn lane improvements (NE 15t Avenue /Northbound right turn lane on to NE 6th Avenue) and provide the cost for the traffic signal at NE 6th Avenue and NE 1St Street. 7. That a written finding of concurrency approval from the School District be submitted. 8. That the applicant fund a bus shelter along Federal Highway. 9. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 14.That at least one building achieves the designation as "LEED for Neighborhood Development (certified)." 11.Applicant shall provide design plans and pay for the closure of N.E. 7th Avenue at N.E. 1St Street. A temporary closure is to be provided at this time and if warranted after project impacts are analyzed the permanent closure would be constructed. 12.Applicant shall provide design plans and pay all costs for traffic calming on Palm Square, which may include a cul -de -sac, beginning at the intersection with Atlantic Avenue and south to S.E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer. 13. That the roll down gates have knox boxes to allow entrance. 14. if the Board finds that the loading facilities are adequate, the management company shall require delivery services to utilize the designated loading zones exclusively, and this be noted on the plan. 15. That the two tandem parking spaces in the subgrade parking area on the west side of NE 7th Avenue are to eliminated. 16. That the last parking space in all dead -end parking tiers be striped -out to provide adequate turnaround options. 17.That the photometric plans be revised to include illumination levels in the east /west courtyards. SPRAB Staff Report — November 20, 2013 Class V Site Plan, Building Elevations, and Landscaping for Atlantic Crossing Page 32 Landscape Plan: Approve the landscape plan for Atlantic Crossing based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That all the Landscape Technical Items are addressed. (Exhibit B) 2. That the vegetation be maintained below 3 feet and above 6 feet to maintain good surveillance throughout the property. Elevations: Approve the proposed elevations for Atlantic Crossing based on positive findings with respect to LDR Section 4.6.18(E), subject to the following condition: 1. That the windows of the businesses and offices remain unobstructed by signage or plant life. 2. That the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. 3. A 200 -foot line of sight survey needs to be submitted for verification for the roof top equipment on Buildings IV -N and V. 4. That the rooftop equipment be relocated to the interior of the roof deck and the requisite line of sight surveys submitted for buildings IIINI- N &VI -S. 5. That a note be added to the plans that indicate light transmission for ground floor glass areas be no greater than 20 %. 6. That at least one building achieves the designation as "LEED for Neighborhood Development (certified)." Attachments: • Appendix A • Site Plan • Architectural Elevations • Landscape Plan • Letters of support and concern • Exhibit A • Exhibit B Report prepared by: Scott D. Pape, AICP, FCP, Senior Planner A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X (Subject to revision of the photometric plan)_ Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent EXHIBIT A Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to multiple functions be addressed during the site plan review process. 3. That the applicant contributes the cost of a shuttle bus to the City and details of a shuttle stop in the development be finalized during the site approval process. 4. That modification to NE 7th Avenue and NE 15t Street (including potentially restricting NE 7th Avenue to southbound only at NE 15t Street) and or funding of a traffic signal at NE 6th Avenue and NE 15t Street is considered during site plan approval to reduce concerns over encroachment into the neighborhoods from this site. 5. That a written finding of concurrency approval from the School District be submitted. 6. That provision of the bus shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. 8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 9. That a minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances. 10. That a dedication of 7 feet be provided for Atlantic Avenue east of NE 7th Avenue. 11. That at least one building achieves the designation as "LEED for Neighborhood Development (certified)." 12. That revised floor plans are submitted that reflect the revised residential unit count. 13. That a final finding of concurrency be conducted as part of the site plan process to address the current revision. 14, Applicant shall pay for the closure of N.E. 7th Avenue at N.E. 1st Street as per the design on the overhead slide presented at the meeting of December 4, 2012 and with direction from the City Engineer and in accordance with the City's LDRs. Applicant shall pay all costs incurred by the City associated with the closure. 15. Applicant shall pay all costs for traffic calming on Palm Square, which may include a cul- de -sac, beginning at the intersection with Atlantic Avenue and south to S,E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer. FXHIRIT R 1. That public access easements are provided for those portions of the required sidewalk widths that encroach onto the property and along NE 7th Avenue. 2. Engineering does not support closure of NE 7th Avenue at NE 1St Street. If direction is given by City Commission to keep NE 7th Avenue open then additional comments will be generated. 3. Revise civil phasing plans to include project overall phasing plan, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Also, include the demolition of existing buildings as part of the phasing plan. How the water and sewer phasing plan will be affected by the overall phasing plan needs to be shown on civil plans. The building demolition sequence must be shown to ensure service will be maintained to existing customers. 4. Provide demolition plans in accordance with above comment. The sequence of building removal as it pertains to the removal and/or relocation of water and sewer needs to be shown on plans prior to Site Plan Certification. 5. Clearly specific on civil phasing plans when existing water and sewer mains will be abandoned and removed in association with overall project. 6. Clearly indicate on civil plans the sequence of water and sewer service removal and replacement to existing customers along Atlantic Avenue, NE 7th Avenue, NE 1St Street, antique shop, offices at corner of Federal Highway and NE 1St Street in association to overall project. 7. Please take into consideration constructability, health department releases, road closures, re- paving, inconvenience to local residence, etc, when developing a civil phasing plan. This comment will be removed after a phasing plan has been shown on civil plans and City is in agreement with phasing plan. 8. Provide copy of South Florida Water Management District (SFWMD) permit. 9. Clearly indicate sidewalk dimensions, sidewalks utilized by the public in the Central Business District are required to be a minimum of 10 -feet wide. Dimensions could not be found in last submittal. 10. Provide certification letter in accordance with LDR Section 7.1.3 (B) (2) for all buildings not meeting finish floor elevation requirements. The finished floor elevation is required to be a minimum of 18- inches above average crown 1 centerline of adjacent roads. Letter must state drainage conditions have been investigated and the proposed finished floor elevation is above the 100 -year flooding level. 11. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and ug antit requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.43 (D) (7), In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr, storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run -off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 12. Provide documentation from FDOT indicating this project has permission to tie into FDOT's drainage system. If FDOT approves proposed discharges from the private drainage system into their system along Federal Highway and Atlantic Avenue, then clearly indicate where system becomes private and this must be noted as such on plans and FDOT approved permit. Previous FDOT letter was dated 8126110, please obtain a more recent letter so they can provide approval on current post - development discharge rates, 13. Remove connection to City drainage system on NE 7th Avenue or provide calculations indicating discharge into City system exceeds a 25 -year 1 3 day event and include a control structure on applicant side of property line, 14. Irrigation system needs to be designed so it can be connected to the City's reclaimed water system when it becomes available. Owner's irrigation system should be designed to accommodate the future connection through one master meter. Upon connection, the City will install a valve and meter at the property line. Please coordinate with the Public Utilities Department on the location of the system's entry point to the owner's irrigation system. Please indicate which sheet this can be found. 15. Provide signed and sealed calculations indicating current and proposed estimated flows into existing force main; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off -Site Impact Assessment to the City's water and sewer systems. 16. Revise water main 1 fire hydrant connections at intersection of NE 7th Avenue and Atlantic Avenue in order to avoid tapping existing 8" on Atlantic Avenue and keeping fire hydrant City owned (ie. before meter). Therefore, keep existing 12" water main to just pass existing fire hydrant then cap or plug existing 12" water main; and provide a tap off of existing 12" water main for 8" master meter. 17.At intersection of NE 7th Avenue and NE 15t Street relocate fire hydrant off of existing 12" water main so it is City owned. Modify connections on north side of meter to accomplish this, similar to #16 above. 18. Indicate plans to grout portion of existing 8" sanitary sewer line to remain at SE corner on Atlantic Avenue at existing manhole #4. This can be done prior to Building Permit issuance. 19.Since existing 24" FM will not be abandoned at east side of building IV, remove "abandoned ". This can be done prior to Building Permit issuance. 20. Indicate 24" FM will be capped just west of connection to 36" 124" DIP FM, at east side of Building IV. This can be done prior to Building Permit issuance. 21. Revise note 1 intention at existing sanitary sewer manhole #60, a manhole needs to remain at this intersection. If replacement was the intention, please clarify and manhole #69 is already in use. 22. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 23. Indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (e.g. 5' x 8' landing area, 30' from intersection, direct access to site, etc.). Please indicate which sheet this can be found. 24. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 may be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 25. Developer will be required to contribute funds for the future signalization at all applicable intersections, this will be required prior to Building permit issuance. 26. Developer will be required to contribute funds towards the City's US 1 Beautification project, this will be required prior to Building permit issuance. 27. That a recorded plat be submitted. 28. That a provision is made within the Property Owner's Association documents that obstructions which would restrict vehicular access to the townhouse garages such as storage are prohibited. 0 z z ImIme A T L A N T 1 C Ld w a S.E. 1 ST FIDELITY FEDERAL � BANK � Ln co Lil LiJ ui V) = j L-1 L S.E. 2ND THOMAS ST. 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The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Class V Site Plan, Landscape Plan, Architectural Elevations, and Special Action associated with Atlantic Crossing. Required findings are made in accordance with Subsections I, II, III, and V. LDR REQUIREMENTS FOR CLASS V SITE PLAN APPROVAL: A. LDR Section 2.4.5(F)(5), "Findings ": The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole so as not to cause substantial depreciation of property values. and LDR Section 3.1.1, "Required Findings ": Prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of December 4, 2012, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. and Central core area of the Central Business District Zoning District provided in Exhibit "A ". Are these guidelines met? Yes No II. COMPREHENSIVE PLAN: A. Future Land Use Map /Future Land Use Element Objective A -1: Is the property developed /redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No B. Concurrence: Objective B -2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: Will the granting of the Waivers, the Class V Site Plan, Landscape Plan and Architectural Elevations be consistent with and further the goals and policies of the Comprehensive Plan? ► ITS III. ARCHITECTURAL ELEVATIONS PURSUANT TO LDR SECTION 4.6.18(E): A. The plan of the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. B. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment of evolving environment to materially depreciate in appearance and value. C. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the overall requirements of LDR Section 4.6.18(E) been met? ► ITS IV. LANDSCAPE REQUIREMENTS: Pursuant to LDR Section 4.6.16, "Minimum Landscape Requirements ", Subsection 4.6.16(H)(3), "New Multiple Family, Commercial and Industrial Development ", provided requirements set forth in Exhibit "B ". Have the overall requirements of LDR Section 4.6.16 been met? Yes No V. SPECIAL ACTION REQUIREMENTS: Pursuant to LDR Section 4.4.13(F)(4)(e)4., modification to the frontage requirements may be granted by the Site Plan Review and Appearance Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for display, and similar features. Have the overall requirements of LDR Section 4.6.13(F)(4)(e)4 been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal, subject to the following conditions set forth in Exhibits "C ", "D ", and "E ". The City Commission hereby adopts this Order this 7th day of January, 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin City Clerk EXHIBIT "A" SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.4.13 — Central Business District Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Downtown Design Guidelines for the Central Business District (CBD) zone district, except for those portions of the buildings as noted in the furthest column to the right: Buildings I, I11, and VI Compliance with Road/ o /o Building Required Proposed LDR Building Building Frontage Required Lot Lot Requirements? q Side Height (mm/max) Setback Frontage at Frontage Setback Yes No 70% 183.25' Ground min. /90% 10' max. min./236.4 155.42'* Atlantic Floor to max. 8' max. Avenue Remaining 27.48 (Bld. 1) 25 15' min. 185.75' 262.75' Lot length min. Frontage 25 to 70% min. 15' min. 183.25' 185.75' 48' 70% 407.87' Ground min. /90% 10' max. min. /524.4 280.67'* 6u Floor to max. 0' max. Avenue Av 37' Remaining 58.27 15' min. 279' 582.67'** length min. Lot 37 to 70% min. 15' min. 407.87 554.67' Frontage 48' min. 48' to 90% 30' min. 236.48' 100% 60' min. 70% 180.43' NE 1st Ground min. /90% 10' max. min. /231.9 181.25' Floor to max. 8' max. Street 25' Remaining 35.12' 15' min. 80.25' length min. 257.75'*** Lot to 70% min. 15' min. 238.58' * ** Frontage 45' �m43 48' to 90% min. 30' 231.98' 100% 60' min. Per LDR Section 4.4.13(17)(4)(e)(4), Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. * * The plans incorrectly note the building frontage along NE 6th Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE 1 st Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings II, IV -S, IV -N, and V 70% 407.63' Compliance with Road/ Ground min. /90% 10' max. min. /524.1 287.08'* LDR Building NE 7' Floor to max. Lot 0' max. Requirements? q Side Height Avenue 25' Remaining Frontage 58.23' 15' min. 290.25' length g Yes min. 70% 582.33' to Ground min. /90% Lot min./249.7 70% min. 15' min. 407.63' 494.42' Floor to max. Frontage 48, Avenue Remaining 27.75' 25' 48' to 90% min. 30' 524.10' 100% 277.5' Lot 60' min. min. Per LDR Section 4.4.13(17)(4)(e)(4), Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. * * The plans incorrectly note the building frontage along NE 6th Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE 1 st Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings II, IV -S, IV -N, and V Compliance with Road/ o /o Building Required Proposed LDR Building Building Frontage Required Lot Lot Requirements? q Side Height (min/max) Setback Frontage at Frontage Setback Yes No 70% 194.25' Ground min. /90% 10' max. min./249.7 224.75' Atlantic Floor to max. 5' max. Avenue Remaining 27.75' 25' 15' min. 52.75' 277.5' Lot length min. Frontage 25' to 70% min. 15' min. 194.25' 253.5' 48' min. NE 7 t 70% 407.63' Ground min. /90% 10' max. min. /524.1 240.58'* Avenue Floor to max. 0' max. Remaining 15' min. 58.23' 278.92' 582.33' 25' Lot length min. Frontage 45, to 70% min. 15' min. 407.63 472.42' NE 1st 70% 171.62' Ground min. /90% 10' max. min. /220.6 182' Street Floor to max. 5' max. 25' Remaining 24.52' 245.17' 15' min. 63.17' Lot length min. Frontage 25, to Pursuant to LDR Section 4.4.13 (F) (4) (e) (1), upper level setbacks do not apply to 3 -story townhomes. 48, * Per LDR Section 4.4.13(17)(4)(e)(4), Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the Recommendation section of this staff report under Special Actions. Allowable Upper Level Floor Area: Per LDR Section 4.4.13(F)(4)(b)(2), Section 4.4.13(F)(4)(c)(2), and Section 4.4.13(F)(4)(d)(1), the floor area of the upper levels of a building cannot exceed a certain percentage of the allowable ground level footprint area. The following table identifies the allowable ground level footprint building areas and the proposed upper levels for the proposed development. Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. Parking Requirements: LDR Section 4.4.13(G)(1)(a), the required parking for the retail floor area is 1 parking space per 300 square feet of total gross floor area. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total gross floor area. Per LDR Section 4.4.13(G)(1)(i)(1), the required parking for the office floor area is one parking space per 300 square feet of net floor area. Parking for multi - family residential structures and mixed use developments must be provided pursuant to the following: • Efficiency dwelling unit Compliance with • One bedroom dwelling unit LDR Requirement? Allowable ground Maximum • Guest parking shall be provided cumulatively as follows: - for the first 20 units level footprint allowed Proposed Yes No percentage (Upper Levels) 354,091sq.ft. 70% 47.16% (166,985 sq.ft) Third Floor 354,091sq.ft. 70% 28.28% (100,125 sq. ft.) Fourth Floor 354,091sq.ft. 50% 11.71% (41,483 sq.ft.) Fifth Floor Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. Parking Requirements: LDR Section 4.4.13(G)(1)(a), the required parking for the retail floor area is 1 parking space per 300 square feet of total gross floor area. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total gross floor area. Per LDR Section 4.4.13(G)(1)(i)(1), the required parking for the office floor area is one parking space per 300 square feet of net floor area. Parking for multi - family residential structures and mixed use developments must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit The proposed development contains 37,642 square feet of retail, 39,434 square feet of restaurant and outdoor dining area, 83,462 square feet of office along with 343 residential dwelling units that are comprised of 6 townhouse units (all are three- bedroom units), 25 loft units, 97 one - bedroom, 201 two - bedroom, and 14 three- bedroom units. Based on this development mix, the required parking for the proposed development is 1,026 parking spaces when adjusted by the shared parking allowance noted below. LDR Section 4.6.9(C)(8)(a) — Shared Parking allows for buildings, or a combination of buildings on a unified site, to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). The site plan data table indicates that a total of 1,089 parking spaces on -site via a combination of above grade and below grade parking (1078 spaces), 12 townhouse garage spaces, and 11 parallel parking spaces along NE 7th Avenue. However, in tabulating the actual parking provided from the floor plans, the project provides only 1,076 parking spaces. Thus, the proposed development contains a surplus of 50 parking spaces. The subgrade parking area on the west side of NE 7th Avenue has a two -way driveway from NE 7th Avenue (abandoned and now a private street) and a one -way vehicular egress onto NE 6th Avenue (Northbound Federal). This parking area contains 271 reserved (gated) parking spaces and 144 shared parking spaces that will be accessible to the public. The vehicular ingress /egress access points will be gated for control and payment purposes. A driveway onto Federal Highway is proposed approximately 300 feet south of the intersection with NE 1st Street. While we have received a concern over its proximity to NE 1st Street it allows essentially the length of a football field for drivers to transition to the western lane to make the left turn at the intersection. The above grade parking garage on the east side of NE 7th Avenue contains 380 shared parking spaces and 93 reserved spaces. This facility is accessed via a driveway along NE 1st Street and a driveway from the circular drive along NE 7th Avenue. This facility is also gated for control and payment purposes. The reserved spaces are located on the ground floor and are accessed from Weekday Weekend Midnight Night to 6 AM Day 9 AM to 4 PM Evening 6 PM to Midnight Day 9 AM to 4 PM Evening 6 PM to Midnight Use Require Residential 171.6 100% 171.6 60% 102.96 90% 154.44 80% 137.28 90% 154.44 Office 278.207 5% 13.91035 100% 278.207 10% 27.8207 10% 27.8207 5% 13.91035 Commercial /Retail 125.473 5% 6.27365 70% 87.8311 90% 112.9257 100% 125.473 70% 87.8311 Hotel 80% 0 80% 0 100% 0 80% 0 100% 0 Restaurant 236.604 10% 23.6604 50% 118.302 100% 236.604 50% 118.302 100% 236.604 Entertainment/Recreational (theatres, bowling alleys, etc.) 10% 0 40% 0 100% 0 80% 0 100% 0 Reserved Parking 439 100% 439 100% 439 100% 439 100% 439 100% 439 Other 100% 0 100% 0 100% 0 100% 0 100% 0 TOTALS 1251 654 1026 971 848 932 The site plan data table indicates that a total of 1,089 parking spaces on -site via a combination of above grade and below grade parking (1078 spaces), 12 townhouse garage spaces, and 11 parallel parking spaces along NE 7th Avenue. However, in tabulating the actual parking provided from the floor plans, the project provides only 1,076 parking spaces. Thus, the proposed development contains a surplus of 50 parking spaces. The subgrade parking area on the west side of NE 7th Avenue has a two -way driveway from NE 7th Avenue (abandoned and now a private street) and a one -way vehicular egress onto NE 6th Avenue (Northbound Federal). This parking area contains 271 reserved (gated) parking spaces and 144 shared parking spaces that will be accessible to the public. The vehicular ingress /egress access points will be gated for control and payment purposes. A driveway onto Federal Highway is proposed approximately 300 feet south of the intersection with NE 1st Street. While we have received a concern over its proximity to NE 1st Street it allows essentially the length of a football field for drivers to transition to the western lane to make the left turn at the intersection. The above grade parking garage on the east side of NE 7th Avenue contains 380 shared parking spaces and 93 reserved spaces. This facility is accessed via a driveway along NE 1st Street and a driveway from the circular drive along NE 7th Avenue. This facility is also gated for control and payment purposes. The reserved spaces are located on the ground floor and are accessed from NE 1st Street. Given the peak usage times of the valet queue, the primary access to the garage will be from NE 1st Street. The applicant has indicated that this garage will be utilized for valet overflow. The subgrade parking facility on the east side of NE 7m Avenue contains 63 reserved parking spaces and 81 shared parking spaces. The applicant has indicated that this facility will be the primary valet storage lot. Given the peak usage and congestion, the developer will likely need to valet the resident's (reserved) vehicles in addition to the general public. The valet queue is designed with an entrance at the porte cochere, which serves as the drop -off. As stated, vehicles are parked in the primary sub grade facility and overflow to the above grade garage. Vehicle retrieval will occur further along the circular drive. The sidewalk around the circular drive includes a covered walkway for customer protection from the elements as they wait to retrieve their vehicles. All three parking garages will have roll down gates to secure these parking areas after hours. LDR Section 4.3.3 — Special Requirements for Specific Uses: Generators: Per LDR Section 4.3.3(00) & (000), all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one public elevator together with the clubhouse. The proposed development provides a generator for each of the buildings that contain residential units. Based on the above, the development complies with this requirement. LDR Section 4.3.4 — Base District Development Standards: Open Space: Per LDR Section 4.3.4(K), the minimum open space on the CF zoned property is 25% and 47% is proposed. Thus, this requirement has been met. Per LDR Section 4.4.13(F)(2), within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B) there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that the proposed development has provided 32,048 square feet (8.55 %) of the total project area as open space landscaped area. Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K) [Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, a one - bedroom unit is 600 square feet, a two - bedroom unit is 900 square feet, and a three- bedroom unit is 1,250 square feet. There are 25 efficiency (loft) dwelling units that range in size from 479 square feet to 663 square feet; 97 one - bedroom dwelling units that range in size from 663 square feet to 1,066 square feet; 201 two - bedroom dwelling units that range in size from 963 square feet to 1,997 square feet; and 20 three- bedroom units that range in size from 1,997 square feet to 3,962 square feet. Based upon the above this LDR requirement has been met. Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the height of the building to 60 feet and a density of 43 dwelling units per acre subject to the condition that the applicant demonstrate compliance with the requirements of Article 4.7 (workforce housing) prior to certification of the site plan. Per LDR Section 4.3.4(J)(4)(b)(iii), workforce housing equal to at least 20% of the residential units on the top floor (fifth story) shall be provided within the development, offsite, or through monetary contributions as referenced in Article 4.7. Further pursuant to LDR Section 4.4.13(I)(1) (density), the development is required to provide 20% of the dwelling units above 30 dwelling units per acre as workforce units. The revised development proposal contains 33 dwellings on the fifth floor. The developer is now required to provide 7 workforce dwelling units for the height increase. The current development proposal includes 86 dwelling units over 30 dwelling units per acre. The development is now required to provide 18 workforce units for the density increase. The total required workforce requirement for the development is 25 dwelling units. The units (if any) that are provided either on -site or off -site will need to comply with the location and amenity requirements of LDR Section 4.7.9. If the developer opts to contribute monetary funds, an in- lieu payment of $160,000 per unit will be required payable to the City of Delray Beach Housing Trust Fund. The workforce housing option(s) and compliance with Article 4.7 will need to be finalized prior to certification of the site plan and this is attached as a condition of approval. Building Height Restriction: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of sixty feet, may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150 feet of any zoning district which has a maximum height limit of 35 feet, measured from the property line of the CBD zoned property. The property located at the northwest corner of NE 7m Avenue and NE 1st Street and east of this intersection is zoned RM (Multiple Family Residential — Medium Density) which has a 35 -foot maximum height requirement. Thus, the 150 -foot separation requirement applies to building #6, which includes a fifth floor. The fifth -story floor plan for building #6 graphically depicts the 150 -foot separation. Therefore, the proposed development complies with this requirement. Floor Height: Per LDR Section 4.4.13(F)(1)(c), the floor height shall be a minimum of 10 feet for ground floors and a minimum height of 9 feet for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. The smallest required ground floor height for all buildings are those with residential use on the ground floor, which have a height of 10 feet. The smallest required upper floor heights for all buildings are also the residential building with a floor height of 9.08 feet. Thus, the proposed development complies with the minimum floor height requirements. Special Buffer: Per LDR Section 4.4.21(H)(2), when the CF zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The suggested 15 -foot perimeter landscape area has been provided on the north and east sides of the parking lot on the north side of NE 1st Street. EXHIBIT "B" (3) New Multiple Family, Commercial, and Industrial Development: Multi- family, commercial, industrial and all other uses are required to comply with the minimum requirements for off - street parking. On the site of a building or open -lot use providing an off - street parking, storage or other vehicular use area, where such an area will not be screened visually by an intervening building or structure from an abutting right -of -way or dedicated alley, there shall be provided landscaping as follows: Perimeter requirements adjacent to public and private rights -of -way: (a) A strip of land at least five (5) feet in depth located between the off - street parking area or other vehicular use area and the right -of -way shall be landscaped, provided, however, that should the zoning code of the Delray Code of Ordinances require additional perimeter depths, that the provisions of the zoning code shall prevail. This landscape strip shall be free of any vehicular encroachment, including car overhang. The landscaping shall consist of at least one tree for each thirty (30) linear feet or fraction thereof. The trees shall be located between the right -of -way line and the off - street parking or vehicular use area. Where the depth of the perimeter landscape strip adjacent to the right -of -way exceeds fifteen (15) feet, shade trees may be planted in clusters, but the maximum spacing shall not exceed fifty (50) feet. The remainder of the landscape area shall be landscaped with grass, ground cover, or other landscape treatment excluding pavement. Additionally, a hedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip. If a hedge is used, it must be a minimum of two (2) feet in height at the time of planting and attain a minimum height of three (3) feet above the finished grade of the adjacent vehicular use or off - street parking area within one year of planting. Multiple tier plantings are strongly encouraged for all properties, regardless of the depth of the landscape buffer. Those properties that have a landscape buffer depth of ten (10) feet or more shall be required to provide an additional layer of groundcover. The groundcover shall be located directly in front of the required hedge, so as to be visible from the adjacent right -of -way. This groundcover shall be installed at one -half (1/2) of the height of the required perimeter hedge. If a nonliving barrier is used, it shall be a minimum of three (3) feet above the finished grade of the adjacent vehicular use. Nonliving barriers shall require additional landscaping to soften them and enhance their appearance. For each ten (10) feet of nonliving barrier, a shrub or vine shall be planted along the street side of the barrier, in addition to tree requirements. Earth berms may be used only when installed in conjunction with sufficient plant materials to satisfy the screening requirements. The slope of the berm shall not exceed a 3:1 ratio. Hedges for multi - family projects which are used to separate a residential use from an adjacent arterial or collector road right -of- way may attain a height of eight (8) feet to mitigate the impact of the adjacent roadway Perimeter hedging installed to effect screening of storage areas must be a minimum of seventy -five (75) percent of the height of the storage structure at the time of installation and be permitted to grow to a height to conceal the materials being stored. Perimeter shade trees are required to be planted every thirty (30) feet and are not permitted to be clustered. (b) The unpaved portion of the right -of -way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance. (c) The width of accessways which provide access to a site or vehicular use areas may be subtracted from the linear dimensions used to determine the number of trees required. Perimeter landscaping requirements relating to abutting properties: (d) A landscaped barrier shall be provided between the off - street parking area or other vehicular use area and abutting properties. The landscape barrier may be two (2) feet at the time of planting and achieve and be maintained at not less than three (3) nor greater than six (6) feet in height to form a continuous screen between the off - street parking area or vehicular use area and such abutting property. This landscape barrier shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width that is free of any vehicular encroachment, including car overhang. Duplexes may be permitted to reduce the perimeter planting strip to two and one -half (2 1/2) feet in width in cases where lot frontage is less than fifty -five (55) feet. In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction thereof. (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one (1) tree shall be planted every twenty -five (25) feet to form a solid tree line. (f) The provisions for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line, the existing hedge and trees may be used to satisfy the landscape requirements provided the existing material meets all applicable standards. The landscape strip, a minimum of five (5) feet in depth, however, is still required, and must be landscaped with sod or ground cover and be free of any vehicular encroachment, including car overhang. If the existing landscaping does not meet the standards of this article, additional landscaping shall be required as necessary to meet the standards. In the event that the landscaping provided by the adjacent property which has been used to satisfy the landscaping requirements for the property making application is ever removed, the property heretofore using the existing vegetation to satisfy landscaping requirements, must then install landscaping as required to comply with the provisions of this code. Interior landscape requirements for parking and other vehicular use areas. (g) The amount of interior landscaping within off - street parking areas shall amount to no less than ten percent (10 %) of the total area used for parking and accessways. (h) There shall be a group of palms or a shade tree for every one hundred twenty -five (125) square feet of required interior landscaping. No more than twenty -five percent (25 %) of these required trees shall be palms. (i) Landscape islands which contain a minimum of one hundred thirty - five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. One shade tree shall be planted in every island with a minimum of seventy -five (75) square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one (1) island for every fifteen (15) compact parking spaces. 1. The distance between parking islands can be increased up to fifteen (15) standard or seventeen (17) compact parking spaces but the width of the parking island must be increased by one (1) foot for each additional space (i.e. if the distance between parking islands is fifteen (15) standard parking spaces the parking island would have to be eleven (11) feet wide). Properties within the Central Business District (CBD) shall adhere to the same landscape island width stated above, unless documentation of site constraints provide that such island width is not feasible. In such cases, the City will accept landscape islands with a minimum width of seven (7) feet, exclusive of curb, with one hundred an five (105) square feet of planting area. Under no circumstances shall any landscape island have a width smaller than seven (7) feet, exclusive of curb. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Minimum tree height shall be increased to eighteen feet (18') in overall height with an eight foot (8') spread if the option to increase the number of parking spaces between landscape islands is chosen. 2. Unobstructed cross - visibility shall be maintained at all terminal landscape islands where it intersects a right -of -way. Clear visibility shall be maintained between three (3) feet to six (6) feet above ground. Proper plant selection shall be utilized that fully accounts for the mature height and spread of that plant. The proper design shall have low groundcovers within the nose of the island with small shrubs located at the back end of the island. (j) Each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above, An exception to this requirement is when a landscaped area, with the dimensions above, exists at the end of the parking row. (k) Whenever parking tiers abut, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two foot (2') hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided. (I) Perimeter landscape strips which are required to be created by this code or requirements of the zoning code shall not be credited to satisfy any interior landscaping requirements, however, the gross area of perimeter landscape strips which exceed minimum requirements may be credited to satisfy the interior landscape requirements of this section. (m) Interior landscaping in both parking areas and other vehicular use areas shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross -space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed twenty -five percent (25 %) of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to the perimeter landscaping requirements. (n) Existing native soil within all landscape islands, interior landscape strips and perimeter landscape strips, adjacent to vehicular use areas, shall be excavated down to a depth of thirty (30) inches below existing grade, except for a 12" buffer from the inside of curb or pavement (see diagram below). A suitable planting soil mixture of fifty /fifty (50/50), sixty /forty (60/40) (sand /topsoil) or as otherwise indicated by the Registered Landscape Architect, shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one -half (1/2) inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to insure the thirty (30) inch depth has been met. 1' 0" �_ BACK OF CURB (TYF) EXCAVATION AREA (50" DEFTH) COMFACTED SOIL (12„ WIDE) (o) All air - conditioning units and other mechanical equipment and refuse areas whose height is five (5) feet or less shall be screened with shrubbery that is tall enough to fully screen the units from view. Equipment five (5) feet to sixteen (16) feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five (5) feet in height. Anything higher than sixteen (16) shall be screened with shrubbery that is a minimum of eight (8) in height. (p) Landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi -story structures or landscape improvements to existing multistructures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. Foundation trees with specifications listed in Table 1 shall be planted along the building facade that faces a Right -of -Way. The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Table 1. Foundation Tree Specifications Mean Structure Height (feet) Minimum Tree Height (feet) Minimum Tree Spread (feet) Minimum Overall Palm Height (feet) To 15 12 to 14 (code) 5 12 (code) 15 to 25 14 to 16 6 16 26 to 35 16 to 18 7 20 36 and greater 16 to 18 7 25 Table 2. Typical Foundation Trees and Spacing Requirements Tree Species Typical Spacing Quercus virginiana (Live Oak) 30' Bursera simaruba (Gumbo Limbo) 30' Swietenia maha oni (Mahogany Tree 30' Cocos nucifera (Coconut Palm) 20' Wodyetia bifurcata (Foxtail Palm) 20' Veitchia montgomeriana (Montgomery Palm) 15' Bismarckia nobilis (Bismarck Palm) 25' Phoenix dactylifera (Date Palm) 25' (5) Special Landscape Regulations for Properties within the Central Business District (CBD) (a) Landscape Islands shall be installed within designated On- Street Parking locations. Properties submitting for Site Plan Modifications that are designated as Class IV or higher are required to install on- street landscape islands. Site Plan Modifications that are classified as Class III or lower that are proposing onstreet landscape islands shall adhere to the requirements outlined in this section. All islands are to be curbed with Type 'F' curbing to protect plant material. There are three types of landscape islands found within designated on- street parking sites. They are Intersection Islands, Driveway Islands and Parallel Parking Islands. 1. Intersection Islands are required at the corners of intersecting streets. These islands shall be a minimum of ten feet (10') in length. One (1) palm tree and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. If applicable, each palm shall be located behind traffic signs. Species and size to be consistent with those existing within adjacent on- street parking islands. 2. Driveway Islands are required on each side of the driveway apron leading into the property. These islands shall be a minimum of eight feet (8') in length. One (1) accent tree or palm and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. Species and size to be consistent with those existing within adjacent on- street parking islands. 3. Parallel Parking Islands shall be used to break up large expanses of pavement utilizing shade - producing canopy trees and associated understory plantings. No more than six (6) parallel parking spaces are allowed between the nearest parallel parking island and the subject property submitting for a Site Plan Modification. Spaces will be counted from the nearest street intersection. Each island shall be a minimum of twenty -two feet (22') in length and contain at least one (1) canopy tree and associated understory plantings. Species and size to be consistent with those existing within adjacent on- street parking islands. Properties abutting Atlantic Avenue are exempt from the requirement of constructing on- street landscape islands. The maintenance and irrigating of islands shall be the sole responsibility of the property owner who is located adjacent to these islands. Construction of landscape islands shall not create traffic safety hazards. The utilization of root barriers will be required in instances where underground utilities are present. All compacted soil, rock and other debris shall be removed to a depth of thirty inches (30 ") below top of curb and replaced with a sixty -forty (60/40) mixture of sand to topsoil. Existing site conditions will be examined during the plan review process. Flexibility for location and size of islands will be considered in achieving the overall goal of creating a consistent and unified streetscape. EXHIBIT "C" SITE PLAN CONDITIONS 1. Address all Site Plan and Engineering Technical Items. (Exhibit A and Exhibit B). 2. That technical item number 9 on exhibit B be modified to read that the sidewalks in the CBD zoning district be a minimum of 8 feet and 10 feet wide and that the sidewalks should be 10 feet along Atlantic Avenue and on Federal Highway and 8 feet on all other locations within the project. 3. That the plans be revised to correctly note the building frontage dimension along NE 6th Avenue. 4. That the plans be revised to correctly note the northern frontage dimensions of building VI. 5. That the shared parking calculation table noted on the site plan be revised to be consistent with the current development proposal. 6. That the applicant contributes the cost of a shuttle bus trolley to the City. 7. That the applicant design and fund turn lane improvements (NE 1St Avenue /Northbound right turn lane on to NE 6t" Avenue) and provide the cost for the traffic signal at NE 6t" Avenue and NE 1St Street. 8. That a written finding of concurrency approval from the School District be submitted. 9. That the applicant funds a bus shelter along Federal Highway. 10. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 11. That at least one building achieves LEED certification. 12. Applicant shall provide design plans and pay for the closure of N.E. 7t" Avenue at N.E. 1St Street. A temporary closure is to be provided at this time and if warranted after project impacts are analyzed the permanent closure would be constructed. 13.Applicant shall provide design plans and pay all costs for traffic calming on Palm Square, which may include a cul -de -sac, beginning at the intersection with Atlantic Avenue and south to S.E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer. 14. That the roll down gates have knox boxes to allow entrance. 15. If the Board finds that the loading facilities are adequate, the management company shall require delivery services to utilize the designated loading zones exclusively, and this be noted on the plan. 16. That the two tandem parking spaces in the subgrade parking area on the west side of NE 7t" Avenue are to be eliminated. 17. That the last parking space in all dead -end parking tiers be striped -out to provide adequate turnaround options. 18.That the photometric plans be revised to include illumination levels in the east /west courtyards. 19. Unbundle parking from rent /purchase for those residents who do not need a car or a parking space. 20.Atlantic Crossing will disseminate third party bicycle rental information to all residents. 21. Provide an inside, safe and secure storage area for bicycles with racks for a minimum of 86 bicycles for the residents of Atlantic Crossing. 22. Provide storage, showers and lockers for employees. 23. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms. 24. Provide the following information at each calendar year to SAFE and the City for the first 5 years following occupancy: a. The number of residents who are paying a lower rent, because they don't own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle for grocery shopping. The number of times the shared bicycles are used in a calendar year. 25. Install a device that counts and records the number of motor vehicles that enter and exit the garages by hr /day, and report this activity annually to the SAFE and the City. 26. That if the traffic study and the City deem that retractable electric or pneumatic bollards are a viable option to assist in the closure of NE Seventh Avenue the developer will fund this system including on -site and remote operation. 27. That the trash receptacles on -site as labeled be accompanied by recycling receptacles and that residential and commercial recycling be provided to the entire site. 28. That the green wall shall be considered a trellis and shall be allowed to encroach in the setback along Federal Highway. 29. That the applicant will create an ingress from Federal Highway adjacent to the location of the egress into the garage level as long as this is approved by the FDOT and the City Engineer. EXHIBIT "D" LANDSCAPE CONDITIONS 1. That all the Landscape Technical Items are addressed. 2. That the vegetation be maintained below 3 feet and above 6 feet to maintain good surveillance throughout the property. 3. That item number two ( #2) of the Landscape Technical Items be fully funded by the developer and that includes the relocation of all of the trees determined by the City Landscape Planner including all root pruning, relocation of the trees and putting them into their new site and establishing them. 4. That the project have additional potted vegetation on the upper deck above the porte cochere on building number Four -S. 5. That additional multilevel vegetative screening be provided around all switch cabinets and transformer enclosures wherever possible when not conflicting with an access point and that the screening doors be provided to staff for review for appropriate aesthetics. EXHIBIT "E" ARCHITECTURAL ELEVATION CONDITIONS 1 . That the windows of the businesses and offices remain unobstructed by signage. 2 . That the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. 3. A 200 -foot line of sight survey needs to be submitted for verification for the roof top equipment on Buildings IV -N and V. 4. That the rooftop equipment be relocated to the interior of the roof deck and the requisite line of sight surveys submitted for buildings III/VI- N &VI -S. 5. That a note be added to the plans that indicate light transmission for ground floor glass areas be no greater than 20 %. 6. That at least one building achieves LEED certification. 7. That the developer study screening mechanical equipment that may be visible from the upper floors within the development, and to provide perimeter screening of any visible mechanical equipment from the sides. 8. That the developer modifies the metal awnings on building VI and building IV -S to be more proportional to the building and also to provide additional shutter detailing. 9. That more shutters be provided on Building number VI, not including the interior courtyard areas, just the exterior street - facing elevations and again to work on the proportion of the small metal awnings and overhangs. 10. That the Art Deco building, in the revised elevations, has a lower level glass which is storefront with no simulated mullions and that the stone material is identified with "ST -1." 11. That any tree or tree -like vegetation that is planted in that location (along Seventh Avenue and along Veterans Park) will have a minimum twenty -two foot (22') planted height and that the connector area between building V and building IV -N be one foot (1') back from the building wall of the top floor of the Mediterranean style building. A T L A N T IC w > J Q C F 1 5.14. 2ND ST. ST. VETERANS PARK Q U7 Q O U Q Z THOMAS Q LOWRY N _! SUBJECT PROPERTY O,m �� ST 6 111111 � DELRA Y �■ 5UMM1 T a . W CONDO w BARR TERRACE Lj Lj = SPANISH CONDO w RIVER '� RESORT N U E A V E RUM Mon A T L A N T IC w > J Q C F 1 5.14. 2ND ST. ST. VETERANS PARK Q U7 Q O U Q Z THOMAS Q LOWRY N _! SUBJECT PROPERTY O,m ATLANTIC CROSSING ST 6 PLANNING AND ZONING DEPARTMENT DELRA Y 5UMM1 T a . W CONDO w BARR TERRACE Lj Lj = SPANISH CONDO w RIVER '� RESORT N U E A V E WATERWAY EAST COMMERCIAL CONDO ILI SAR HARBOURj�� j4 CONDO ff f MIRAMAR 11711-11 ° N _! SUBJECT PROPERTY O,m ATLANTIC CROSSING LOCATION MAP PLANNING AND ZONING DEPARTMENT — DIGITAL &15E MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \ZWLM 1000- 1500 \LM1438 Atlantic Crossing November 27, 2013 Chevelle Nubin City Clerk City of Delray Beach, Florida pa It is our understanding that several members of the public intend to appeal the November 20, 2013, SPRAB decision recommending approval, with conditions, of the Site Plan, Architectural Elevations, and Landscaping Plan for the Atlantic Crossing Project. We are told that the Commission will decide on December 3 whether to hear these appeals in a timely manner. The Florida Coalition for Preservation will not file an appeal per se, but an independent, professional traffic study that we facilitated for several neighborhood associations will be presented to the Commission meeting as new information that was unavailable at the time of the SPRAB decision. The study describes the impacts of traffic on neighboring streets and major arteries. This study was funded by affected Delray Beach residents. We cannot in good conscience ask them to pay a fee for the privilege of presenting their grievances to the City, many of which are substantiated by the traffic study conducted on their behalf. We respectfully act that the fee for filing an appeal be waived for all parties, but in the event that City policy demands same, enclosed herein is $ 1925 to cover five applicants: 1) Benita and Jordan Goldstein; 2) Kelly and Jack Barretto) Carolyn Patton, Charles Dortch, Alexander Zeller, Noel Smith, Claudia Willis; 4) Arlen Dominek; 5) Mary Whittemore. Please provide us with a receipt, along with confirmation of a process to petition the Commission for a waiver, and eventual reimbursement of these fees. Sincerely, 1. - F& Kristine de Haseth Executive Director 235 NE Sixth Avenue, Building F, Delray Beach, FL 33483 •561 - 274 -6491 • www.preservationfla.org Like us on Facebook! www.facebook.com/FLCoalition A COPY OF THE OFICIAL REGISTRATION AND FINANCIAL. INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL -FREE (1- 800 - 435 -7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE SATE, The Florida Coalition for Preservation, Inc. Registration # CH23311. 100% of the contributions go directly to the Coalition. November 27, 2013 Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW V' Avenue Delray Beach, Fl_ 33444 APPEAL APPLICATION Action being Appealed Site Plan Review & Appearance Board (The Board) recommendation of November 20, 2013 approving the Atlantic Crossing development with certain conditions. Basis for this Appeal he Board failed to fully consider the impacts of increased traffic volume in the North Beach / barrier island neighborhood, and did not adequately respond to concerns we expressed regarding traffic flows (loading docks, valet parking, etc.) within and around the project that will cause queuing spillover on to public streets. The City Engineer and Planning & Zoning Director did not give The Board any data on traffic impacts, nor any traffic studies to confirm that public streets can accommodate future increased traffic. Traffic studies to date have been conducted not by an objective third party or the City, but by the Developer; The Board chose to approve the project with full knowledge that a citizen - funded traffic study would soon be available, providing critical data The Board accepted tentative plans for traffic mitigation in local neighborhoods subject to FDOT and City Engineer approval. The Board should have demanded that traffic mitigation be designed to meet FDOT and City specifications as a condition of approval. The Board did not consider the impact of increased traffic on Atlantic Avenue as it would relate to Evacuation Routes, Fire /EMS response times, Bridge openings and routine maintenance or pedestrian safety. Relief Being Sought Withhold approval of the Site Plan (or Building Permits) until: • The City carefully reviews and determines specific required project modifications in response to a citizen - funded traffic study, the results of which are now or will be available within days of this appeal the developer and City are contractually committed to plans to disperse traffic evenly among project ingress /egress points, and specific traffic mitigation steps that are acceptable to respective neighborhoods have been approved by the Commission • new project egress /ingress points are designed to FDOT and City specifications, and to provide demonstrable relief via, at minimum, a full egress /ingress point (not access only to a single parking garage) on Federal Highway between Atlantic Avenue and NE 1" Street Name of Applicant and Appellant interest Kelly and John Barrette, 1201 Seaspray Avenue, Delray Beach. Our concerns include: s increased traffic through our neighborhood when barrier island traffic cannot reasonably exit via Atlantic Avenue • inability of residents to cross Atlantic Avenue bridge in times of evacuation • everyday threat of Station 2 fire and emergency vehicles blocked by traffic gridlock on Atlantic Avenue Submitted November 27, 2013 M � Appeal of % * + 6 (Sit . Plan +ev` ct and Appearance Board) S t Plan Approval + + Atlantic Crossing, f»,\$ :2013 } �< ;> � Opp * :(»�`©2 (All individuals fil Sf this Appeal are homeowners i f .. Marina Historic . . . s« » _. ; \ } f }s;£}?\: which 1« <« iƒ \\ ro $: the Atlantic Crossing $«t\:± D f\ to + dlf G(\ We � ., . . . ©i2f grounds 1 : :� .� �� � �,+.�2f2 2 * « } \7r ) ¥±^ » :�� >« >. YtTy } :ff+22� f+ _ . » :\«1, +2 Approval provides l»2cv w» :» !f: - «T}f ?ll+ 2 , £ $ ? }^ y`^ :y © ^`» \ \2° District. � +.. . overruns for }$± »(f« }97 };; «{+» }?�} »2622, + «<Y2 <f} (see next two ages) this(or even discuss it)® Sinc Carol n Pa on 2 To the Clerk of the City of Delray Beach, Delray Beach, Florida I appeal the recommendation of the Site Plan Review & Appearance Board of 2013 November 20 which approves the Atlantic Crossing development with certain conditions for many reasons: 1. The Board has not fully evaluated the impact of increased traffic volume upon Atlantic Avenue and the adjacent neighborhoods. I, as well as many of my neighbors in the Barr Terrace, 50 East Road, already encounter the gridlock of Atlantic Avenue, not only when the Intracoastal bridge has opened, but at many other times of the day during both season and off - season. This adversely affects our enjoyment and quality of life. 2. There are numerous problems which have not been addressed, including, but not limited to a. egress and ingress to an essentially land- locked area, b. inadequate parking allowances predicated upon the assumption of concurrency - something that certainly does not hold up when one argues that Delray Beach is looking to provide commercial and residential space to a populace which will live and work and walk in downtown Delray Beach (I would not live somewhere where I did not have spaces assigned to me.), c. provision of areas for valet parking and the additional parking required for those services, d. and deliveries of merchandise and provisions as well as removal of waste material. 3. 1 can only anticipate the current situation becoming even more egregious. It can already take over 10 to 15 minutes to cross the bridge after it's opens, and the additional routes of avoiding the gridlock will disappear with the development. 4. The City Engineer and Planning & Zoning Director did not give the Board any data on traffic impacts or any traffic studies to confirm that public streets can accommodate future increased traffic. 5. The Board accepted tentative plans for traffic mitigation in focal neighborhoods subject to FDOT and City Engineer approval. The Board should have demanded certainty as a condition of approval. 6. In addition, the Board has not considered the impact of increased traffic on Atlantic Avenue as it would relate to evacuation routes, fire /EMS response times, bridge openings and routine maintenance, pedestrian safety, etc. This is a serious matter, one that will affect the quality of life for many, many residents living within Delray Beach and for the many people who come to Delray Beach every day because of its unique nature. I request that the Commission withhold approval of the site plan and building permits until the developer and the City are contractually committed to plans to disperse traffic evenly among project ingress /egress points and until the Commission approves specific traffic mitigation steps that are acceptable to respective neighborhoods. Respectfully submitted this 27t" day of November, 2013, Arlen D. Dominek 50 East Road, 2G Delray Beach, Florida 33483 November 27, 2013 Ms. Chevelle Nubin City Clerk City of Delray Beach zoo NW 1st Avenue Delray Beach, F133444 Re: Appeal of Sprab decision 11/20/13 on Atlantic Crossing We are appealing the action taken by the Site Plan Review and Appearance Board to approve the site plan for the project known as Atlantic Crossing. The reason for the appeal is based on a number of issues. We the citizens personally financed a traffic study and need to be afforded the time to provide the City with our findings. Although the completed traffic study was not available for this meeting, we felt Sprab was derelict in its duty not to delay the hearing for our evidence. In addition, the Planning and Zoning Department never provided Sprab members with the Kimley Horn study, causing them to make a decision without all the facts. For us personally the major issue is increased traffic generated by the project. It will infiltrate our Palm Trail neighborhood and specifically disrupt our lives on 7th Avenue, turning a residential street into a mini highway. We are already overrun with speeding cars jeopardizing the neighborhood walks by people walking children and pets. It was reprehensible the Sprab Board failed to demand closure of 7th avenue as a condition of approval. Traffic backup on federal highway from cars making turns into the development on 1st Street will force cars to come into our area on 2nd street. With the narrowing of federal highway, the situation is exacerbated. Parking continues to be a great concern as the almost 40,000sf of restaurants and their great many employees and patrons may opt for parking in our neighborhood versus queuing up for the valet parking. We are fearful of becoming the backup parking lot which we think is a reality considering there is no alternative plan in case parking proves untenable. The relief we are seeking includes the following: - Permanent closure of 7th Avenue at 1st Street - Traffic calming devices like speed bumps and roundabouts -A road into the development from 6th avenue to 7th ave between atlantic ave and Est st.. to diffuse the situation of the amount of cars building up on 7th ave and seeking relief in our neighborhood. - Withholding approval of the Site Plan (or Building Permits) until the developer and city are contractually committed to plans that are acceptable to respective neighborhoods as approved by the Commission. Sincerely, Benita Goldstein and Jordan Goldstein 302 NE 7th Avenue, Delray Beach Residing directly on 7th Avenue November 27, 2013 Ms, Chevelle Nubin City Clerk City of Delray Beach 100 NW Y" Avenue Delray Beach, FL 33444 APPEAL APPLICATION Action being Appealed Site Plan Review & Appearance Board (The Board) recommendation of November 20, 2013 approving the Atlantic Crossing development with certain conditions, Basis for this Appeal The Board failed to fully consider the impacts of increased traffic volume in the North Beach / barrier island neighborhood, and did not adequately respond to concerns we expressed regarding traffic flows (loading docks; valet parking, etc.) within and around the project that will cause queuing spillover on to public streets. The City Engineer and Planning & Zoning Director did not give The Board any data on traffic impacts, nor any traffic studies to confirm that public streets can accommodate future increased traffic. Traff ic studies to date have been conducted not by an objective third party or the City, but by the Developer. The Board chose to approve the project with full knowledge that a citizen- funded traffic study would soon be available, providing critical data The Board accepted tentative plans for traffic mitigation in local neighborhoods subject to FDOT and City Engineer approval. The Board should have demanded that traffic mitigation be designed to meet FDOT and City specifications as a condition of approval, The Board did not consider the impact of increased traffic on Atlantic Avenue as it would relate to Evacuation Routes, Fire /EMS response times, Bridge openings and routine maintenance or pedestrian safety, Relief Being Sought Withhold approval of the Site Plan (or Building Permits) until: • The City carefully reviews and determines specific required project modifications in response to a citizen- funded traffic study, the results of which are now or will be available within days of this appeal • the developer and City are contractually committed to plans to disperse traffic evenly among project ingress /egress points, and specific traffic mitigation steps that are acceptable to respective neighborhoods have been approved by the Commission • new project egress /ingress points are designed to FDOT and City specifications, and to provide demonstrable relief via, at minimum, a full egressjingress point (not access only to a single parking garage) on Federal Highway between Atlantic Avenue and NE 1' Street Name of Applicant and Appellant interest Kelly and John Barrette, 1201 Seaspray Avenue, Delray Beach. Our concerns include: • increased traffic through our neighborhood when barrier island traffic cannot reasonably exit via Atlantic Avenue • inability of residents to cross Atlantic Avenue bridge in times of evacuation • everyday threat of Station 2 fire and emergency vehicles blocked by traffic gridlock on Atlantic Avenue Submitted November 27, 2013 a ❑ �s Z � n O 173 O O 1p un 0 r w 0 ❑' W- m om r-Ix �3m 0 a q� m Y m pr��r/� 0 J] L/ m 5 m�C � 0 r `� Z 0 z In §pe la 00 THE FLORIDA COALITION FOR PRESERVATION, INC. 54 NE 4TH AVE. DELRAY BEACH, FL 33483 f�k PAY 70 7H ORDER OF 91 NORTHERN TRUST, NA Northern Trast 11000 LBO, Liil ' ®0 6 600 9 6 501:1 2 10 280 16 5110 1841 J 1(3 s. 918 DATE G� 0CLLARS LI d� w Mary Whittemore goy Bond Way Delray Beach, FL 33453 Action bein A Baled t 1 Site Plan Review & Appearance Board recommendation of November 20, 2013 approving the Atlantic Crossing development with certain conditions. Basis for the Appeal Examples The Board failed to fully consider the impacts of increased traffic volume on George Bush and George Bush Bridge (the main entry and exit to my Palm Trail neighborhood) which will be the inevitable spillover result of gridlock traffic on Atlantic Avenue and Atlantic Avenue Bridge. Everyone is Delray will be effected by poor traffic flow! The City has the obligation, prior to permitting the project, to make sure that every step possible, including a street level entrance in and out of the project off of Federal Highway, is Taken to assure acceptable traffic flow. Relief Being Sought Withhold approval of the Site Plan (or Building Pennits) until the developer and city are contractually committed to plans to disperse traffic evenly among project ingress /egress points, and specific traffic mitigation steps that are acceptable to respective neighborhoods have been approved by the Commission. Name of Applicant and Appellant Interest Mary Whittemore at goy Bond Way, Delray Beach, Florida. I have a young child and do not want spillover traffic from Atlantic Crossing to invade my quiet neighborhood. Not to mention the potential safety risk it might impose on the children that attend St. Vincent's school on George Bush at the end of 7ffi Avenue. N C6 : N I is It F LL� F a ❑a 3AV H193N z® {J � Z i Z a � \ m \ \ § § ED 2E 2E 2E 2E ) ! m f = \ �o } \ \ { /\ k ( \ \ 2 \ E 7 1 L L"E \\\ / CD D. 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O z z z a J m ii R E 't 5 _ . .. � z _ 5 � '3 �p H193N� J^ �'U Q F a J w H �a W z Z J 7 m z O F J w H O z ca 3 m J 0 v, 3 3 3 5o,non `n dk i o 3 o s o 30 0 0 �U v� Z O F U w yr 2 O N W O w z c� z 0 a m z O K 7 W J W 2 0.' O z z z a J m ii R E 't 5 _ . .. � z _ 5 � '3 �p H193N� J^ �'U Q F a J w H �a W z Z J 7 m z O F J w H O z ca 3 m , o _ 7 _ _ _n w 6 m O O 0 w w x 0 0 z 7 n w I t i I I I I I z S t I � I = I � I o I 7 I � I o i w � w EF anv His aN r - �a m� a� O U - aF J Yi 3 1 'o I o z 0 a w w w I I 1 °i I m I � t I E E i 1 I I 3 i i 1 € i I I i I I LD I , E w I � n� y 0 m or Yl 0 L V V =�o a� i° F v ® W S j'dF As F t_ F pcd":,Strean, and Based on the attached (14) fourteen commitments made by Atlantic Crossing, Safety As Floridians Expect (SAFE) strongly supports the Atlantic Crossing project and respectfully asks SPRAB to recommend approval. The applicant successfully has addressed every single issue SAFE proposed to mitigate future traffic trips-, and - in addition, has provided funding for anticipated future infrastructure improvements. SAFE estimates that the number of daily traffic trips will be 25% less than other properties such as the older high-rise condos on the island because Atlantic Crossing will be implementing a complete package of Transportation Demand Management initiatives that are not considered by today's LDR's parking calculations. Atlantic Crossing, if approved, will become yet another Droject in Delray where owning a car will not be a necessity. For that reason, Atlantic Crossing will attract young professionals, and members of the creative class, who will bring vitality and increased economic activity to Downtown Delray. For these reasons, SAFE believes that Atlantic Crossing will join Sofa I & 11, The Strand, and UpTown Delray in attracting residents who will walk and bicycle more and drive less in Downtown Delray. SAFE urges SPRAB to approve the applicant's request. To do less would place the project in economic jeopardy and, as a result, the property may not be redeveloped for many, many years. For the Bo / /a/ rd: Jarr�s E. Smith SAFE Chairman i. Charles T. Bonfield SAFE President Atlantic Crossing's Commitments to SAFE Agreed to by Don DeVere November 14, 2013 1. Unbundle parking from rent/purchase for those residents who do not need a car or a parking space, 2. Adopt a free, shared bicycle use program for residents by purchasing 20 bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of Atlantic Crossing, if more are required, Atlantic Crossing would be open to adding more in the future, 3. Atlantic Crossing will disseminate third party rental information to all residents 4. Provide an inside, safe and secure storage for bicycles with racks for a minimum of eighty -six (86) bicycles for the residents of Atlantic Crossing, 5. Provide storage, showers and lockers for employees. This will be a first in the history of Delray Beach! 6. Purchase and maintain an electrical vehicle (street -legal golf cart or similar vehicle) to provide local transportation for tenants within Atlantic Crossing for shopping and other local use within downtown Delray Beach on a first come, first serve basis with the cost thereof including, without limitation, insurance expense, to be a pass -thru to the tenants and the use thereof will be subject to rules and regulations promulgated from time to time with respect to the use of such vehicles, 7. Promote a commuter tax benefit program and discounted Tri -Rail and Palm Tran passes, 8. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms, 9. Provide as much overhead sidewalk shelter /shade as possible both within and along the entire perimeter of the property, 10. Provide the following information at each calendar year to SAFE for the first 5 years following occupancy,: a. The number of residents who are paying a lower rent, because they don't own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle The number of times the shared bicycles are used in a calendar year, To: Chevelle Nubin, City Clerk From: Don DeVere, The Edwards Companies Date: December 27, 2013 U_��® 02013 P L A N N I Subject: Atlantic Crossing Support letters /petitions for Atlantic Crossing transmittal to Commissioners, re: January 7 meeting Enclosed are copies of materials we request be included in Commissioners' packages: - Representative emails in support of Atlantic Crossing, including items received via the Atlantic Crossing website to be forwarded to Commissioners, and others sent directly to Commissioners and copied to Atlantic Crossing (32) - Petition signatures from Atlantic Avenue area merchants and interested citizens (70) Additional materials are to be submitted at the meeting. Thank you. S i? -( - a As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much- -- needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name h l E, Address /Busines5 crvp�-( � O 10410 4 ve� 5 0 � i_" 4 14,I Lr.-✓L c 6-v.�- 1�Tevvc E, A -d or � h c 4�(f__.... Q 2 WE SUPPORT ATLANTIC CROSSING.... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name 02 r- Address /B iness _ 0 �_t s -4UT1C,, �' -7D ck I'Ll C_ As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval, A _I _I ..__ - in. . ti tt r t I_(71- f jr^ t U [ 1 tt r t I_(71- f WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name Address /Business �o &'j � 1:15 g 7" Lj i , a �,c "V . -1 C1 V d,p C, WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much- needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name Address/Business Al" �' U�, i Pa Vt ll CLI M V) wi Q- CL u m Do V 3 E 41 M4, E 0 4.1 z m zu *0 a c m CL m m (U E m ra LA I yp Aa, LLJ ti (U E m ra LA I yp Aa, LLJ From: JAY JACOBSON [mailto:jaysjacobson @mac.com] Seat: Wednesday, December 04, 2013 6.17 PM To: schultz @pbpost.com Subject: Recent Atlantic Crossing editorial Mr. Schultz; - I read with interest your recent comments regarding the Atlantic Crossing project in Delray Beach. I am not affiliated with the project in any way, I am not a realtor. I have no vested interest in the project. My family and I live in Delray Beach approximately two blocks from Atlantic Avenue and this project. I take great exception to a few of your comments —I have been following the project in its various forms since 2005 —to say that it was `rushed' through the approval process is not true — for the past 8 years the project has been in front of the public on dozens of occasions, in front of 3 different planning and zoning commissions and at least 3 different Commissions -all with different members opining about the proposals. In fact the project has an approved site plan in place -voted on and approved back in '05 or '06. That plan is horrible- had it been built it would have been a monumental failure and a blight on the City. At this time the project has approvals from the planning and zoning board, the City Commission and subject to a few minor requests from the SPRAB board will have those approvals too. In addition, almost all requests made by adjacent neighborhood residents, commission members and SPRAB board members have been addressed by the developers and where allowed, incorporated into their plans. Your contention that waivers are not a good thing flies completely in the face of good, respectful and current urban planning constructs. Codes are written to grant waivers in order to address site specific and neighborhood specific issues —in some cases sticking to the exact code interpretation wouldn't necessarily give you the best urban plan – either for the surrounding neighborhoods or the City in general. Downtown Delray has turned into one of the most vibrant and successful urban environments anywhere in the United States —it attracts positive attention from Urban Planners from all over the country. This is due to two factors -- -,one, the addition of hundreds of residential units bringing full time residents to the downtown area. These residents live, work (in most cases) and shop close to their homes allowing them to either walk or utilize alternative transportation other than long car trips, and two, a business friendly environment that has attracted new businesses, restaurants, shops and stores – most of which serve the new residents that are moving here. In order for this success to continue, Delray needs more —more full time residents, more entertainment venues, more shops and more offices. This is some of what Atlantic Crossing will provide. All in a walkable downtown area. The waivers that have been granted are almost meaningless - -- The Atlantic Crossing project is not just a "two block" development - -it covers well over 8 acres -one of the largest urban properties in the County - -it has been planned, re- planned and dissected for the past 8 years. The current site plan consists of 3 and 4 story buildings -all within code. There is only one small section that was given a waiver to 5 stories -less than 7% of the project -and it will never be seen from the surrounding area. Commercial density is all within code. Retail density is all within code. Density for just the residential use (both rental apartments and for sale units) was increased from 30 ulacre to just 39 ulacre - well below surrounding uses. The impact from these few additional units will never be felt by the surrounding area. Traffic generation is well within current concurrency limits- no new traffic study will show otherwise- County rules have placed the property in a concurrency exempt area. That is the regulation and cannot be changed. Even more important -the walkability index of Atlantic Crossing has to be the highest of ANY area in Palm Beach County -- -this is exactly what all regional and national planning councils are asking for. One of the most successful residential properties in the area is Worthing Place –in the heart of downtown ---its residents provided the catalyst for the redevelopment of blocks of Atlantic Avenue -new restaurants, shops etcetera --it was developed with both a height and density waiver —and has garnered positive national attention. Where are the opponents to the SoFA project just approved at a density of 90 u/a? Where are the opponents to the waivers just granted to the Uptown project -both height and density? Where was the opposition to the Me theatre approved in Downtown – that project alone will generate more traffic than Atlantic Crossing in its entirety? In my opinion all of these projects are good things -but what you as an outsider need to understand, is that opposition to the Atlantic Crossing project is coming from a very small group of folks -most who do not live anywhere near the project and a few (very vocal opponents) that have a vested financial interest in seeing the project stopped. Since when is new development a bad thing – done well in projects like Atlantic Crossing and other new developments in Delray- they create hundreds of jobs both temporary and permanent and millions of dollars are brought into the community by the new residents and businesses. This, along with projects that allow new "walkability" and thoughtful design, create great cities. As I stated above, Delray Beach is one of the most successful, vibrant and people friendly cities in south Florida. It has become a magnet for new residents, businesses and economic drivers never before seen in Palm Beach County. After the millions of tax payer funded incentives invested in Clematis Street in WPB it pales in comparison to the success of Atlantic Avenue. Ocean Avenue in Lake Worth is nothing compared to Atlantic Avenue. The main reason for all of the positive activity is simple- through the regeneration of Atlantic Avenue by providing opportunities for new residents to live, work and play downtown - not in the segregated gated communities to the west, Delray Beach has become a great city. It should not be confused with the ridiculous marketing slogan concocted by the Chamber of Commerce years ago - "a village by the sea ". Villages die -or they naturally evolve into towns and then into cities -- -that is what Delray is doing -it is evolving. Delray will continue to grow, be a vibrant town, attract new residents, customers, businesses - -a project like this gives these interests an added place to go. Successful cities need simple things - -full time residents -and a place for them to work and play – and if possible, by walking to their destination. Downtown Delray Beach needs more smart growth projects like this. I suggest you come down from West Palm Beach and walk the streets of a truly walkable city, see first -hand what the residents are trying to accomplish. Talk to the majority that want to see more downtown residential, commercial and retail opportunities. I think you will be pleasantly surprised. I would also suggest that you read through a number of Urban Land Institute publications regarding changing cities, walkability, urban residential preferences and the positive effects of density on evolving cities. The world is changing and along with it urban planning concepts are evolving into projects like Atlantic Crossing. I would be happy to point you to a number of specific resources. This might change your mind regarding the future direction of urban planning concepts that need to be applied to certain areas of south Florida in the years to come. Being a full time resident that lives a couple blocks away from the proposed project I welcome the new neighbors. Enough with the threats of appeals, litigation and delays. Dec. 11, 2013 Wed 12/11/2013 11:19 AM Mayor Glickstein Vice Mayor Jacquet Deputy Vice Mayor Petrolia Commissioner Frankel Commissioner Gray Dear Council Members, Please allow me to introduce myself. My name is Mitch Sinberg and I am Delray Beach resident residing in the Lake Ida community. I'd like to express my support for the proposed Atlantic Crossing development on the east side of downtown. Occupationally, I manage the South Florida offices (Boca Raton and Miami) for a firm called Berkadia Commercial Mortgage which one of the largest commercial mortgage firms in the country and is a subsidiary of Berkshire Hathaway and Leucadia National. Given the improved economic conditions we've experienced locally, I've recently more than doubled my staff in our Boca office and was recently searching for a new office suite to accommodate our growth. As much as I would have loved to have relocated my Boca office to Delray to be closer to my home as well as have all of the amenities of downtown to entertain clients, there are no Class A office options here and I ended up signing a new lease in Boca. Although the space I will be occupying is only +/- 3,500SF, I can only assume there are many other firms like mine (as well as larger and smaller ones) that would love locating in Delray if there were acceptable options. I also firmly believe that Delray Beach is underserved from a multi - family rental /condo perspective. Worthing Place is the only other high quality multi- family rental comparable in downtown and is performing extremely well. From a condo perspective, there is nothing in our immediate area of this quality level. I'm in contact with a lot of young, well paid professionals in Southern Palm Beach County and most would love to live in Downtown Delray but the options are extremely limited on the rental and condo side so they end up living in Boca. I've heard the opposition's concern that the project will make downtown traffic unbearable. From my regular personal experience there is very little, if any, traffic during normal business hours in either direction downtown. Traffic gets heavy during after -hours when the restaurants and bars are hopping. 1 don't feel this project will have any negative impact on that because the residents who are local to Delray and those who will be living in Atlantic Crossing already utilize alternative means to driving (the downtowner, walking, golf carts) and people coming from other areas have to deal with the downtown weekend traffic irrespective of this project. Lastly, the location and site of this proposed project is currently extremely underserved. Atlantic Crossing will not only improve the aesthetics of the site and area, but will also improve our city's tax base. I absolutely love living in Delray and love our small -town feel. That said, I am all for responsible growth and believe this project is a good example of that. 1 am more than happy to continue this discussion if any of you would like and my contact info is below. All the best, Mitch Mitchell F. Sinberg SVP /South Florida Manager 13erkadia The Industry of OneTN1 2255 Glades Road, Suite 236W Boca Futon, FL 33431 Phone: 561- 998 -8300 Ext, 206 Cell: 954- 663 -9894 mitch.sinherg @berkadia.corn Tue 12/3/2013 8:40 AM Alexander Sapiano [asapiano @hotmail.com] jacquet @mydelraybeach.com; petrolia @mydelraybeach.com; frankel@mydelraybeach.com; agray @mydelraybeach.com; Andrea Knibbs Dear Councilmen: I am sending this email today, the day of the final approval of the Atlantic Crossing project, in order to express my concern for and favor of this it. As the President of Porta al Mare townhouses, across from the Atlantic Crossing project, we as a community (of course except Adam Frankel) are in favor of this and hope you will recognize and acknowledge the benefit of this project to the city by finally allowing it to move forward. We have large areas of land downtown not providing any revenue to our city; this is not good and this is one of them. There is someone who is willing to invest in our community, has a viable plan, neighboring support and will eliminate the largest eyesore in our downtown. It will aesthetically improve our downtown, and bring more people to spend time, money and enjoy our city. Our main intersection is an eyesore because of a couple of uninformed narrow minded social activists. We have been in contact with other associations in the area and they too are tired of the challenges this project has endured. It's time for the commissioners to stop siding with the vocal minority and start representing the general good of the entire community, especially our downtown, which is the prime revenue generator of our city. This is a positive god for all; the community and the investors, and the majority of the residents of Delray are in favor of this project. We want this land to be developed inorder for all to enjoy. The fringe minority, who have nothing better to do than find something to protest about seem to get more of your attention. Saving Delray is an honorable cause, but when there is nothing to save, it is only a mantra that inhibits people who want to preserve and grow our community. Sincerely, Alexander J Sapiano President Porta al Mare From: MICHAEL POPPER [ mai Ito: Mr)0DDer(ad)bell south. net] Sent: Friday, November 22, 2013 2:36 PM To: iicg cksei_nngmydeiraybeach.eom; jacgciet.@mydelraybeach.com; petreriiaC&mvdelraybeach .com; Frankel m delra beach.com; agray(E)m_ydelraybeach.com Cc: infoLaatlanticcrossingdelrav,com Subject: Atlantic Crossing I reside on Palm Trail and I own businesses in Downtown Delray. I would like to see the Atlantic Crossing project move forward. Atlantic Crossing has made a concentrated effort to address the neighborhood'sconcerns. They have worked diligently as good neighbors to make Atlantic Crossing a "win- win ". The resulting plan is in line with the City's master plan, asks for no waivers, and brings tremendous economic and quality of life benefits for all of us. It is exactly the kind of "anchor" we need for east Atlantic Avenue. Here's the basis for my decision to support the redevelopment: 1. There isn't much of a draw for people to cross over the R/R tracks and venture further east. I own a business east of the tracks and I know what a struggle it has been for the last five years. Atlantic Crossing will be a good draw. 2. Atlanic Avenue- The blocks east of the railroad tracks and west of the intercoastal waterway needs a makeover. The four blocks in question are embarassing to all residents in its present condition. Atlantic Crossing is investing in an area that needs to be developed, and as revised, offers many improvements over the plan approved by the Commission in 2008 for this site. 3. Veterans Park- I am a local resident and have a child, so I use Veterans Park. They are donating $500,000 for Veterans Park. The downtown along with our neighborhood will benefit from the improvements that is made possible from this donation. I'm confident the revised plans are a good fit forthe neighborhood, the downtown and the City, and ask you to grant final approval. Regards, Michael P. Popper November 19, 2013 City of Delray Beach SPRAB BARD 100 NW 15t Avenue Delray Beach, Florida 33444 Re: Atlantic Crossings 1 have had an opportunity to have a careful look at the plans, and as an adjacent neighbor to the property located on NE 7`h Avenue, Delray Beach, I very much endorse this project. I feel that it will be a great asset to the town, and it will provide me a beautiful public access as I walk to the beach every morning. I highly anticipate the completion of this exciting addition to downtown Delray Beach! Sincerely, , a y actin 130 N. E. 7th Avenue, #4 Delray Beach, FL 33483 561 -243 -4654 From: Julie Rodrigues fmaiIto:jalie.floridasbestC gmaiI.comI Sent: Friday, November 22, 2013 7:36 AM To: aarav(Omydelraybeach. corn Cc: infoLdatlanticcrossingdel ray, com Subject: Atlantic Crossing - how to get updates? Greetings, I am excited about this project & think it is richly & greatly planned... I can definitely see the vision the City has! I'd love to be more involved, to attend Planning Meetings about this & future projects & how to penetrate them so I can help spread the word & help clients purchase & rent... I am a realtor who wants to see this Village grow, and be a part of it! It seems this project will inject positive, stable growth & be a boon to our beloved Downtown. Obviously, if the City has given special permission to Edwards Dev., then they must feel the same as I do. This, to me, marks the future of Delray Beach, with contemporary look & feel that will be emblematic of the Village by the Sea & I feel that this project is a snapshot of its future, more evolved spirit... It echoes the new construction such as The Franklin & Pineapple Grove, yet doesn't lose sight of the art- centric & charming allure of icons such as the Sundy House. Can't wait! Regards, Julie Rodrigues, a Happy & Enthusiastic Delray Beach Resident. Julie Rodrigues Florida's Best Realty, Boca 954 471 9245 From: Rgmoulton <rgmouiton@aol.com> Date: November 21, 2013, 5:49:05 PM EST To: "info@atlanticcrossiDEdelray. corn" < infoPatlanticcrossingdelray .com> Subject: Redevelopment Plans I am writing to give my support for the proposed redevelopment of the Atlantic Crossing project. As a long time resident living two blocks away from this proposed plan I welcome the beauty and necessity this sight will bring to Delray. It is a great idea moving into the future for Delray and my wife and I support it 100% Sincerely, Glyn Moulton 180 NE 6th Ave, J Delray Beach, Fl. 33483 rgmoulton@ ol.com From: "Itennant @T"SDWEB.COM" <Itennant @TSDWEB.COM> Date: September 27, 2013, 9:20:35 AM EDT To: "glickstein @mydelraybeach.corn" < lickstein deira beach.cam> Cc: "info atianticcrossin delra .com" < info @atlanticcrossingdeiray.com> Subject: Feedback Good morning, am in support of the Atlantic Crossing project. I currently live at the Astor Condos across from the Hyatt and have been here for 5 years. I love Delray Beach and would even consider moving to this new complex. Any idea on the timeline or is it still under review? Thankyoul To: Delray Beach City Commission To: " liekstein rn delra beach.cor " < hcksteinPmvdelrayheach.corn> Cc: "i€ fo@atlanticcrossingdelray .carp" <info atlanticcrossin delra .com> Re: Atlantic Crossing From: Steven Baxter <shveen2aol.corn> Date: September 27, 2013, 9:47:58 AM EST mr. glickstein, my congratulations on a good looking project for the down town. since becoming a new resident condo owner in delrey beach i really like the "lets get it done" attitude of improving our town. hopefully the western end of atlanic ave. just east of 95 will also show some signs of new life.(the artistic welcome murals are a good start.)great job and lets get it doneH! thank you Steven baxter JOHN & TINA [hutchjtg @comcast.net] petrolia(il) rnydelraybeach.com Fri 11/15/2013 1:44 PM Dear Commissioner Petrolia, We are writing to you in hopes that you are going to pass the Atlantic Crossing project due to be on the agenda next week. The positive changes they have made to the project will enhance the city. We believe that this project will increase the vibrancy our city already has. By allowing this project it will enable the downtown business to draw new business by the increase in foot traffic. By adding living and office space it will encourage people to live and work in our downtown and thus help our economy. We are business owners on Atlantic Avenue for 14 years and we think this project is a positive addition to our downtown. We look forward to your support! Tina Hutchinson J &J Seafood Bar and Grill To: 'glickstein @mydelraybeach.com ; 'jacquet @mydelraybeach.com'; ' petrolia @mydelraybeach.com'; ' frankel@ mydelraybeach.com'; 'agray @mydelraybeach.com' Subject: Atlantic Crossing From Sarah Flynn saraf wiilcarocqmm.com Dear Mayor Glickstein, Vice -Mayor Al Jacquet, Deputy vice -mayor Shelly Petrolia, Commissioner Frankel and Commissioner Gray- I live(Lake Ida homeowner), work(small business owner) and play(everywhere) in Delray Beach. I first landed here in the fall of 1991. 1 have watched our wonderful city "grow up." It is time to make the decision to continue our progress as a successful and vibrant community. We need class A office space - and the jobs and employees this will bring to our downtown; this project will have greenspace, and a LEED certified building and a fab "living wall" -the one on Worth Avenue is amazing; we should be grateful that this project includes that entire area — and that there was a vision to create a complete redevelopment project — for consistency and character; we also need the condos and apartments with residents who will support the local shops and restaurants; the economic impact is obvious; and the design is beautiful. I support Atlantic Crossing and urge your approval —the city's approval —for this project. Thank you. Best, Sarah Flynn sarahf @wilicarocomm.com To: Delray Beach City Commission To: < glickstein 2mydelraybeac:h.corn >, <iacuuet@mYdelraybeach.corn >, <getrolia@rnydelraybeach.com >, <frankel mydeiraybeach .corn >, <agray rnydelraybeach.com> From: Bobby Bresner <bbresner @gmail.com> Date: November 7, 2013 at 12:23:27 PM EST Re: Atlantic Crossing hope this note finds you all well. As a recent transplant to the Delray /Boynton area (from Manhattan) working in the Real Estate sector I want to formally voice my support for the proposed Atlantic Crossing project. The Atlantic area is in dire need of more 'luxury' residential rental living options for my demographic (young professionals). Also the addition of Class A office space would be hugely beneficial to the local infrastructure. I genuinely find living in the Delray area significantly more desirable than Las Olas in FLL or Brickell in Miami but the area needs to experience expansion to maintain its unique appeal. Aside from the clear advantages of job creation /growth I am very pleased to see the project aims at keeping the unique Delray architecture in mind. Aesthetically it is much more beneficial to re- develop the existing area than simply leave it as is as well. Please let me know if there are other platforms in which I can voice my support or if I can provide more detail. Enjoy the rest of your day. Best Regards, Bobby Bresner 702 - 743 -5733 From: Lee [anchorwanker @gmail.com] To: jacquetpmydelraybeach.com Cc: info @atlanticcrossingdelray.com Sent: Thursday, November 14, 2013 1 :02 PM Re: Blue Anchor and Atlantic Crossing I totally support the construction of Atlantic Crossing, which the Commission will consider November 20th. We will be directly impacted by this project and I consider it vital to the completion of Downtown Delray Beach. It is of major importance to Delray's future. I look forward to your support in moving this "Jewel in the Crown" to a triumphant conclusion. Best, Lee Harrison, Owner, Blue Anchor British Pub, 804 East Atlantic Avenue. T0: Delray Beach City Commission RE: Atlantic Crossing From: R. Glyn Moulton [mai1to:rgmou1ton aol.com] Sent: Friday, November 22, 2013 11:07 AM I support Atlantic Crossing and the vision of a more vibrant eastAtlanticAvenue. This responsible redevelopment plan brings economic, growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. My wife and I are long time residents of Delray. We live about 2 blocks away from proposed development. We are in full support of this project. It is a beautiful vision with what I consider very responsible plans. My wife has been in Cardiology at Delray Medical for 24 years. I fly a private jet and bring many influential clients into this area year around. We love Delray. We would welcome this most important addition to our community. R. Glyn Moulton, 180 NE 6th Ave Unit I Delray Beach 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Karen Murdock <eur,omurdock(@yahoo. com> Date: November 21, 2013, 8:08:16 PM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. Thank you all for your vision an support in providing our community with the opportunity to grow and share. Karen Murdock, 234 SW 28 th Avenue Delray Beach, FL 33445 To: Delray Beach City Commission Re: Atlantic Crossing From: John Speacht info @gallery @stuido5.com Date: November 16, 2013, 11:33 AM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. As a business owner in Delray for the last 10 years I have seen great promise and hope to the downtown area. Atlantic avenue has been the most influential aspectbecause of all the popular restaurants and retail. stores. Although great as it is, there is limited space for growth for other businesses As a gallery owner Atlantic Crossing for me would be an opportunity to expand my business and have the opportunity for real growth with exceptional exposure . its time Delray expands there horizons so that more greatness can be achieved here in the downtown area. Thank you. John Spec owner of Gallery at studio 5 .149 a n.e.2nd ave Delray bch 33444 To; Delray Beach City Commission Re: Atlantic Crossing From: Dr John Ritota <driohnrC delraydental.com> Date: November 15, 2013, 9:23:45 PM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. With all the revisions the final plans when completed will make Delray Beach a stronger and more beautiful city. Dr. John Ritota, 919 Seagate Drive Delray Beach 33483 To: Delray Beach City Commission From: Illustrated Properties <irragrisCd)ipre.cc)m> Re: Atlantic Crossing Date: November 19, 2013, 11:33 AM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. We have 30 real estate agents in this office. We all agree that this project will be a welcome addition to this part of Atlantic Avenue. The latest design plan is beautiful and will offer our clients an opportunity to live and work within walking distance of the downtown area. We are excited for the process to begin. Illustrated Properties, 700 E. Atlantic Avenue, Delray Beach, 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Brett Porak [mad lto: bporal((@mosseniail . com] Sent: Wednesday, November 20, 2013 1:57 PM I supportAtlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I am excited to see this project come to fruition. As a professional that works in this arena, I think that this project will have a dramatic impact on our community. I have been very happy that they City over the years has stuck to their guns by not allowing \'Supersized\' projects dictated by developers to encroach on our quality of life downtown. Having reviewed the plans for this project, I think that the project is not too imposing and very scaleable to the downtown corridor. It does not constrain pedestrian traffic flows, and in some ways, enhances the pedestrian environment. I hope that the commission will allow this project to proceed. It is one of the last desolate islands from the downtown corridor to link to the beach. Brett Porak, who lives at 295 NE 5th Ave. Unit 30 \ "San Sebastian \" Delray Beach 33483 T0: Delray Beach City Commission, info}atlanticcrossingdelray.com RE: Atlantic Crossing From: Michael Wolfson [mailto:mwolfson(@c3cloud.com] Date: Wednesday, November 20, 2013 2:23 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. I would like to say that as a Delray Resident, we tried to find excellent office space so we could move our office to Delay. It was a long hard find, and we were able to finally get a space that is below our standards but the location is fantastic. What a difference it would have made if there was more adequate space. The Atlantic Crossing plan adds so much to the potential business community. We would love to see this happen as soon as possible, to bring new and vital businesses to our city(town), while also bringing new space for the business owners and workers to stay and shop, as well as eat at our fantastic restaurants. thank you Michael Wolfson, 110 East Atlantic Ave. Delray Beach 33444 Date: Tuesday, December 24, 2013 As I have been living here for 7 years and now I am working here also, I have always wondered why the eastern part of town was not as vibrant as it is west of the railroad tracks. The Atlantic Crossing project will answer this question beautifully. It will finally bring people further east, to enjoy the rest of the town. It will have retail space, more restaurants, more office space for new companies, that want to be a part of the Delray scene. It will also bring us more beautiful places to live and work in. This is a timely project,that will improve Delray and make it better than it is now. I totally support the Atlantic Crossing, and would like to see it happen as soon as possible. Michael Wolfson 9752 Baywood Park Ln Delray Beach 33446 -5644 TO: Delray Beach City Commission RE: Atlantic Crossing From: Bob Buoniconti [mailto,bbuanicont.iyahoo.com] Sent: Wednesday, November 20, 2013 2:33 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. The developer has bent over backwards to support and accomadate the requests of the citizens of Delray. The design is unique and original not the typical cookie cutter development seenl throughout S. fl.. Let\'s approve all the outstanding issues and get the project started, east Atlantic badly needs it! Bob Buoniconti, who lives at 122 s.e 5th avenue unit 1 Delray beach fl. 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Steve Mackey [ mailto: sdmacicey(a)mackindustrial.com] Sent: Wednesday, November 20, 2013 3:16 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. I think this is a great project that will properly join the east and west sides of Atlantic Ave. There will no longer be a beach side and a west side. It will be one continuous Avenue with no dead spots. The architectural look is fantastic and fits in with Delray very well. That is some of the best property in all of Delray and its a shame that it is so underused at this point. Additionally, as a resident of downtown, I would love to see some more practical retail space that has everyday needs instead of just tourist cloths and ice cream. How about a grocery store or food mart. Steve Mackey, who lives at 295 NE 5th Avenue, #23: San Sebastian Delray Beach 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Kim Lee [mailto.babydollred70aoi.coml Sent: Friday, November 22, 2013 12:35 PM 1 support Atlantic Crossing and the vision of a more vibrant eastAtlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. Kim Lee, 229 Via D\' Este 1701 Delray Beach F1 33445 T0: Delray Beach City Commission RE: Atlantic Crossing From: Steven F Wexler <sfw1023Latt,net> Date: November 24, 2013, 4:07:17 PM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. Love the plans, it's been a long time coming. I'm so excited about this and actually have family considering moving to the area because if all the beautifull things that are going on in our city. Keep up the good work, so proud to be a citizen of the city by the sea! Steven F Wexler, 245 NE 11th St Delray Beach33444 T0: Delray Beach City Commission RE: Atlantic Crossing From: Katherine Renz [kayrenzpr@aol.com] Sent: Tuesday, November 26, 2013 12:45 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. As a small business owner I support this development! Katherine Renz 2046 Alta Meadows Lane #1902 Delray Beach, FL 33444 T0: Delray Beach City Commission RE: Atlantic Crossing From: Karen Laucka- Caudill [karen.laucka@alive.com] Sent: Sat 12/7/2013 3:02 PM 1 support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Defray, the community and the city, I urge the City's approval. Awesome!! Karen Laucka- Caudill 5 George Bush Blvd Delray Beach 33444 TO: Delray Beach City Commission RE: Atlantic Crossing From: Ted Howsare tedd howsare /XOODLED /Zinn Media [thowsare @zinnmedia.com] Sent: Tue 12/10/2013 8:51 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. It is projects like this and ones of past that have moved Delray Beach to the forefront in growth as well as one of the best places to live, work, and play. It is the reason the tourist numbers have hit record highs. Let the vision of this projects and others move Delray forward and become the leader in South Florida in tourism, growth and a sustainable downtown area. Thank you. Tedd Howsare 504 East Atlantic Ave Derlay beach in the 33483 ZIP code: T0: Delray Beach City Commission RE: Atlantic Crossing From: Richard G Schagrin [rschagrin @aol.com] Sent: Thu 12/19/2013 10:15 AM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I feel this project would be a great addition to Delray and Atlantic Ave. Richard G Schagrin, 15463 Tall Oak Ave Delray Beach 33446 T0: Delray Beach City Commission RE: Atlantic Crossing From: Erika Reyes [erie03l @gmail.com] Sent: Thu 12/19/2013 10:46 AM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth andgreatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. look forward to the changes. Erika Reyes 15936 Forsythia Circle Delray Beach 33484 T0: Delray Beach City Commission RE: Atlantic Crossing From: Nany Marchetti [nancykmarchetti @yahoo.com] Sent: Thursday, Dec. 19 I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I support Atlantic Crossing Nany Marchetti, 198 Loch Maree Lane #3505 DELRAY BEACH 33446 T0: Delray Beach City Commission RE: Atlantic Crossing From: John Weber "weber uschutes.com Sent: Monday, Dec. 23, 8:52 a.m. 1 support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and ,greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I have recently moved to defray beach do to the ongoing vitalization of this community and atlantic ave. John Weber 32 se second ave, unit 510 Delray Beach 33444 TO: Delray Beach City Commission RE: Atlantic Crossing From: NEAL BELLINGER [pbcvetscenter @gmail.com] Sent: Wednesday, November 20, 2013 2:33 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. THIS PROJECT AND THE DESIGN IS ONE OF THE BEST I HAVE EVER SEEN. ONE THAT WILL BE A BOON TO ECONOMY AND COMPLETE THE ATLANTIC AVE CORRIDOR TOWARDS THE BEACH. IT WILL NOT ONLY ENHANCE THE AREA BUT MAKE IT ATTRACTIVE TO NEW RESIDENTS, NEW RESTARUANTS,AND ESPECIALLY FOR THE TOURISTS THAT COME HERE. THE TRAFFIC PROBLEM IS WAY OVER STATED FOR MOST WILL WALK AND WITH THE LOCAL SHUTTLES NOW IN PLACE THAT WILL BE THE MODE OF TRANSPORTATION. NEAL BELLINGER 1060 HOMEWOOD BLVD J101, DELRAY BEACH, FL 33445 From: Erich Schneider and Heather Mckeown [eisdelray @comcast.net] Date: December 23, 2013 5.06 p.m. To: "info atlanticcrossingdelray. com" < info aatlanticcrossingdelray.com> Delray Beach City Commission Re: Atlantic Crossing I support Atlantic Crossing and the vision of a more vibrant eastAtlontic Avenue. This responsible redevelopment plan brings economic, growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. We need to get this project moving, NO MORE SCREWING AROUNDN! Erich Schneider and Heather Mckeown, 50 East Rd Apt 5G Delray Beach 33483 Truxell, Rebecca From: Terra Spero <terra @realtimemg.com> Sent: Thursday, November 21, 2013 10:57 AM To: Truxell, Rebecca Subject: FW: Atlantic Crossing's Commitments to SAFE Attachments: 2013 .11.15ACCommittmenttoSPRAB.doc Rebecca, Can you please make sure that this was in the list of communication? Thanks, Terra From: <JamesEJIMCHAR aol.com> Date: Sunday, November 17, 2013 6:40 AM To: Terra Spero <terra @realtimemg.co.m> Subject: Atlantic Crossing's Commitments to SAFE Terra: Nice to meet you in person at the last SPRAB Meeting. at the Please read the attached commitments from Atlantic Crossing. It is, in essence, an action plan for reducing both parking demand and daily traffic trips. Here are some of the highlights. Atlantic Crossing will: 1. Provide bicycle lockers and showers for employees. This will be a first in the history of Delray Beach! 2. Purchase and maintain an EV for the use of residents who do not own a car, 3. Hosted a TDM Conference in Delray Beach that was attended by representatives from the City, the CRA, the DDA, and the Chamber of Commerce. Guest presenters included: Dr. Phil Winters from the University of South Florida, the # 1 TDM guru in the State of Florida; South Florida Commuter Services Deputy Director Sabrina Glenn; City of Boca Raton TDM Initiative Administrator Luisa Forney; and, FDQT4 Mobility Coordinator Larry Hymowitz. SAFE believes that this was the first time a TDM Conference was held in Delray Beach, 4. Hire a TDM Coordinator to make and distribute questionnaires to all residents, employees, and patrons in order to develop additional TDM initiatives. This will be another first for Delray! 5. Count, record, and report the number of times a motor vehicle enters /exists all the parking garages by hour /day. This data will tell us how many traffic trips are actually taken in the AM and PM peak hours and the average number of daily trips taken by day of the week, month, during special events, holidays, in season/out of season, by month, annually, etc. As a result, the City and SAFE will be able to determine the effect of implementing TDM initiatives by comparing the actual number of trips to the formula that is currently used by P & Z in determining developer requirements. This will assist Delray, and perhaps many other cities across the United States, in establishing revised LDRs that give proper credit for the implementation of TDM initiatives. This will be yet another first for Delray! Best regards, Jim Smith, SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax jamesejimchar(cDaol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Atlantic Crossing's Commitments to SAFE Agreed to by Don DeVere November 14, 2013 1. Work with the City and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact traffic on Atlantic Avenue and north of N.E. 1st Street on 7 t Avenue, 2. Unbundle parking from rent /purchase for those residents who do not need a car or a parking space, 3. Adopt a free, shared bicycle use program for residents by purchasing 20 bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of Atlantic Crossing, if more are required, Atlantic Crossing would be open to adding more in the future, 4. Arrange free delivery /pick up of rental bicycles in case there are no shared bikes available Atlantic Crossing will disseminate third party rental information to all residents, 5. Provide an inside, safe and secure storage for bicycles with racks for a minimum of eighty -six (86) bicycles for the residents of Atlantic Crossing, 6. Provide storage, showers and lockers for employees, 7. Purchase and maintain an electrical vehicle (street -legal golf cart or similar vehicle) to provide local transportation for tenants within Atlantic Crossing for shopping and other local use within downtown Delray Beach on a first come, first serve basis with the cost thereof including, without limitation, insurance expense, to be a pass -thru to the tenants and the use thereof will be subject to rules and regulations promulgated from time to time with respect to the use of such vehicles, 8. Promote a commuter tax benefit program and discounted Tri -Rail and Palm Tram passes, 9. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms, 10. Provide as much overhead sidewalk shelter /shade as possible both within and along the entire perimeter of the property, 11. Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following occupancy,: a. The number of residents who are paying a lower rent, because they don't own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle for grocery shopping, d. The number of times the shared bicycles are used in a calendar year, 12. Support traffic improvements at NE 1St Street and 6th Avenue and NE 1St Street and 7th Avenue that are designed and endorsed by the adjacent community and the City to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn lane at NE 1st Street and 6th Avenue is appropriate and desired, and assuming sufficient right of way exists to accommodate such right turn lane, Atlantic Crossing agrees to pay for such improvements. 13. Encourage the City to use the previously agreed to $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today, 14. Hosted a TDM meeting included representatives from the City, the CRA, the Chamber of Commerce and Florida Commuter Services to discuss initiatives that would reduce the number and timing of traffic trips, 15. Install a device that counts and records the number of motor vehicles that enter and exit the garages by hr /day, and report this activity annually to the City and SAFE, 16. Hire a TDM Coordinator to make and distribute questionnaires to all residents, employees, patrons ... to the site. Based on the results, the coordinator will develop additional TDM strategies for Atlantic Crossing and SAFE, 17. Atlantic Crossing respectfully requests the City to include all of the items above as formal conditions of approval. Truxell, Rebecca From: F. Martin Perry <fmperri @perrytaylorlaw.com> Sent: Wednesday, November 20, 2013 2:52 PM To: Truxell, Rebecca Cc: ckbruce @candykitchens.com; F. Martin Perry Subject: Atlantic Crossing Attachments: City of Delray Beach - Final.pdf; ATLANTIC CROSSING IMAGE ONLY v2.pdf Dear Ms. Truxell, We have been engaged to represent Harbour House Homeowners Association, Inc. relative to the Atlantic Crossing project pending before the City and scheduled for hearing tonight before SPRAB. We shall appreciate your forwarding this email and the attached letter from Harbour House to the members of SPRAB in time for their review for tonight's hearing. Please confirm your transmission to them by email to me as well as the members of Harbour house who are copied on this email. Thank you. Regards, Marty Perry F Pry Perry & Taylor, P. A. 4500 PGA Blvd. Suite 204 Palm Beach Gardens, FL 33410 Ph: (561) 721 -3300 xt 102 Fax: (561) 721 -2111 Cell: (561)309 -1610 fmPerri@Perrytylorlaw.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and /or telephone expenses. Neither this information block, the typed name of the sender, nor anything else in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message. To: The City of Delray Beach - Site Plan Review and Appearance Board From: Harbour House Home Owners Association By Bruce Leiner, President Date: November 19, 2013 Re: Atlantic Crossings Concerns We respectfully request that the Site Plan Review and Appearance Board not approve the Atlantic Crossing project and the road closing at 7th Avenue as it is currently designed as it will cause significant and dangerous traffic and safety issues to our neighborhood. We believe that life safety issues and the general public good should control this decision, While we are in favor of the development of Atlantic Crossing and agree that it will bring desirable new options for dining, shopping, working and living to our area of the city, we would like to see the traffic flow improved in a manner that is safer for the entire neighborhood. By virtue of the location of our homes, we are stakeholders in this project and are directly impacted by every decision the developers and The City make. Harbour House, at 825 NE 151 Street, is at the very east end of NE 1st Street, ending at the Intracoastal Waterway. In other words, we, and the residents of the two neighboring complexes, live at the very end of a dead end street. We strongly oppose the closing of 7th Avenue north of NE 1st Street. It is our understanding that this closure does not have the support of the police or fire departments, as this area is already a high incident area and the closing will adversely affect their response times in an emergency. Additionally, we understand that there are several City of Delray Beach officials who share our concern for safety in this area. We are informed that the decision to close 7th Avenue may become a legal liability for the City of Delray Beach in the event of an emergency in the neighborhood, at Veteran's Park or Delray Yacht Cruises that can't be responded to in a timely manner due to the closing. Does this plan allow for sufficient re- routing or have an emergency plan for such events? Have these issues been addressed and, if so, in what manner? Another real life safety concern is the additional traffic that Atlantic Crossings will bring onto NE 1st Street, if built as currently planned. We believe that the plans limited ingress and egress will drive too much traffic onto NE 1ST Street, a narrow local street, which will further impact the safety of the residents of our neighborhood. Just one bottleneck or accident while entering or exiting the new complex at 7th Avenue and NE 1st Street and our only means of entering or exiting our homes will be blocked and we will essentially be cut off from all emergency services. Simply put, 3 of the 4 proposed development's borders are either inaccessible or have limited access. To the north, NE 1St Street is a dead end street. To the south Atlantic Avenue at the Intracoastal Waterway, on the quarter hour each day, also becomes a temporary dead end street due to drawbridge operations. Veteran's Park and the Intracoastal Waterway borders the eastern end of the property. Federal Highway remains the only open artery bordering the property and there is no ingress from that road and only one lane of egress exiting one of the garages. The majority of the traffic coming in and going out of Atlantic Crossing will rely on two already compromised arteries. In addition, the design as proposed calls for multiple left hand turns to exit the complex, some without the assistance of traffic signals thereby increasing the odds of a serious accident blocking essential and /or emergency services.* Finally, we believe that this plan is contradictory to the City of Delray, Standards for Site flan Actions as stated in Appendix A of the same document as it will 1) negatively effect traffic circulation upon an existing neighborhood, 2) negatively impact the safety, habitability and stability of our residential area and 3) create a new high accident location, or exacerbate an existing situation causing it to become a high accident location. We welcome the opportunity to work with both The City of Delray Beach and Atlantic Crossings to resolve our safety and traffic concerns. • We have attached an aerial showing existing street conditions of the site for your convenient reference. Truxell, Rebecca From: Jim Knight <jkncalco @gmail.com> Sent: Sunday, November 17, 2013 2:01 PM To: Truxell, Rebecca Subject: FW: Atlantic Crossing's Commitments to SAFE Attachments, 2013 .11.15ACCommittmenttoSPRAB.doc; Jim Knight.vcf FYI, I received this from Jim Smith. Jim Jim Knight The Knight Group Lkeensed Deal Estate Eroker (561� 279-3601 Work (561) 756-2833 P.l od i ', jkncafefl��yinail,cc�nt 10 SE 15t five Delray Beach, FL 33444 From: JamesEJIMCHAR@aol.com [mailto:JamesEJIMCHAR aol.com] Sent: Sunday, November 17, 2013 6:42 AM To: jkncalco@cmail.com Subject: Atlantic Crossing's Commitments to SAFE Phil Good Morning! Please read the attached commitments from Atlantic Crossing. It is, in essence, an action plan for reducing both parking demand and daily traffic trips. ks reduested.:bk Atlantic Crossing, see item # 17 lease approve and recommend all as frirmm ?' AnAifinnc of nnnrnxial" Here are some of the highlights. Atlantic Crossing will: 1. Provide bicycle lockers and showers for employees. This will be a first in the history of Delray Beach! 2. Purchase and maintain an EV for the use of residents who do not own a car, 3. Hosted a TDM Conference in Delray Beach that was attended by representatives from the City, the CRA, the DDA, and the Chamber of Commerce. Guest presenters included: Dr. Phil Winters from the University of South Florida, the # 1 TDM guru in the State of Florida; South Florida Commuter Services Deputy Director Sabrina Glenn; City of Boca Raton TDM Initiative Administrator Luisa Forney; and, FDOT4 Mobility Coordinator Larry Hymowitz. SAFE believes that this was the first time a TDM Conference was held in Delray Beach, 4. Hire a TDM Coordinator to make and distribute questionnaires to all residents, employees, and patrons in order to develop additional TDM initiatives. This will be another first tar Delray! 5. Count, record, and report the number of times a motor vehicle enters /exists all the parking garages by hour /day. This data will tell us how many traffic trips are actually taken in the AM and PM peak hours and the average number of daily trips taken by day of the week, month, during special events, holidays, in season /out of season, by month, annually, etc. As a result, the City and SAFE will be able to determine the effect of implementing TDM initiatives by comparing the actual number of trips to the formula that is currently used by P & Z in determining developer requirements. This will assist Delray, and perhaps many other cities across the United States, in establishing revised LDRs that give proper credit for the implementation of TDM. initiatives. This will be yet another first for Delray! Best regards, Jim Smith, SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax jameseiimchar(a-,)aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" 2 Truxell, Rebecca From: Jason Bregman <jab450 @hotmail.com> Sent: Thursday, November 14, 2013 9:51 AM To: Truxell, Rebecca Cc; Rustin, Janice Subject: FW: Atlantic Crossings Rebecca, For the record, my ex -parte communication on Atlantic Crossing is below. I also met with them Tuesday evening (Nov 12th) to review the project. thanks Jason From: Jason Bregman [mailto:jab450 @hotmail.com] Sent: Thursday, November 14, 2013 9:48 AM To: 'Bob Currie' Cc: 'William Morris'; 'Don DeVere' Subject: RE: Atlantic Crossings Bob and Bill Thanks you for your time Tuesday evening. Jim Smith from SAFE came to the SPRAB meeting last night and spoke about your work together on Atlantic Crossing. Per our discussion on Tuesday the SAFE items are of interest to many people in the area around your project. I think It will save us a lot of time next week if you provide a memo in advance of the SPRAB meeting noting which items from the SAFE list you plan to incorporate and which items you do not. For the items you do not plan to incorporate please provide a clear written explanation as to why. I am only one board member and this request is only coming from me, but I think having such a memo could save a lot of time next week during the discussions. Also, thank you for the offer but I do not require a separate set of plans from you at this time. The City's copies will be delivered tomorrow for review this weekend. Thank you Jason From: Bob Currie [mailto:bob @csa- architects.com] Sent: Tuesday, October 15, 2013 5:12 PM To: Jason Bregman Cc: William Morris; Don DeVere Subject: RE: Atlantic Crossings Hi Jason, Thanks for your response. Let us make it Tuesday the 12th at 6-pm. We can meet at my office and go over together or meet at the Atlantic Plaza site where we have an office set up on the east side of the courtyard. Look forward to showing you the plan. Regards, Bob Robert G. Currie, FAIA Principal & Seniorposigncr IV Currie Sowards Aguila Architects I Architecture ® Planning - Interiors • Sustainable Design 165 NE 4th Ave Suite 101 Delray Beach, FL 33483 tel; (561) 276 -4951 fax: (561) 243 -8184 www.csa- architects.com Find us on Facebook From: Jason Bregman [mailto:jab450C&hotmail.com] Sent: Tuesday, October 15, 2013 2:45 PM To: Bob Currie Cc: 'William Morris'; 'Don DeVere' Subject: RE: Atlantic Crossings Hi Bob, The week of November 11th is good for me. Evenings are best, after 6pm if that is ok. Monday the 11th or Tuesday the 12th could work. I don't know when the project is supposed to come before SPRAB, do you have any idea? Thanks Jason From: Bob Currie [mailto bob@csa- architects.com] Sent: Monday, October 14, 2013 4:22 PM To: Jason Bregman Cc: William Morris; Don DeVere Subject: RE: Atlantic Crossings Hi Jason. Sorry to be so slow in getting back with you. Any time you can be free to see the design can be accommodated. Let me know when you might be available and we can give you an individual tour. Thanks for your interest, Bob Robert G. Currie, FAIA Priocipai & Senior Designer Currie Seawards Aguila Architects j Architecture ® Planning a Interiors • Sustainable Design 185 NF 4th Ave Suite 101 Delray Beach, FL 33483 tel: (561) 276 -4951 fax: (561) 243 -8184 www.csa-architects.com KiFind us on Facebook . . ..... ... From: Jason Bregman [mailtD:iab450C@hotmaii.com] Sent: Friday, October 11, 2013 9:31 AM To: Bob Currie Subject: RE: Atlantic Crossings Hi Bob, Thanks for the offer. I am open to taking a look but the weeks of the 28th and the 4th are very bad for me given other commitments and deadlines. Dates in mid-November could work... Have a nice weekend Jason Bregman SPRAB Member From: Bob Currie [mailto:bob(dcsa-architects.com] Sent: Thursday, October 10, 2013 12:39 PM, To: jab450@.hotmail.com; afinst Ld)earthlink. net; kvaofficeCaaol-com; qreqorymq1(&aol.corn; jkncalcoca)qmail.com Subject: Atlantic Crossings Good afternoon, Would you be available to meet with the owners of Atlantic Crossings and take a look at our proposal on either the 28th or the 29th of October? We have a display set up at a retail space located in Atlantic Plaza. Please call or email me back if you would be able to meet at any time on those two days. Thank you, Robert G. Currie, FAIA Principal & Senior Designer airfCurrie Sowards Aguila Architects I Architecture - Planning m Interiors • Sustainable Design 185 NE 4th Ave Suite 101 Delray Beach, FL 33483 tel: (561) 276-4951 fax: (561) 243-8184 www.cs a -architects - com fFind us on Facebook Truxell, Rebecca From: Terra Spero <terra @realtimemg.com> Sent: Wednesday, October 09, 2013 12:23 PM To: Truxell, Rebecca Subject: FW: Follow up Attachments: DOC100913.pdf For the record From: Don DeVere <dwd @daycompanies.net> Date: Wednesday, October 9, 2013 11:39 AM To: Terra Spero <terra@realtimemg.com> Cc: William Morris <bill @southcp.com >, Andrea Knibbs <aknibbs smith- knibbs.com> Subject: Follow up Hi Terra- We have been working to get you the information you requested at our meeting several weeks back. I had hoped to have a rendering completed showing the development from the vantage point of Veterans Park but this is still ongoing, These renderings take some time to get right. Hope to have that item for you in the coming weeks. You had also requested floor plans of the buildings and I have attached them here. Lastly, you had asked about maintenance of the green wall on the corner of building III. First, this installation will include a drip irrigation system that is typical for these walls. The solution includes all necessary nutrients and pesticides to maintain a healthy condition and is collected in a concealed trough at the bottom of the wall then pumped up to the top again for re -use. So the environment is very controlled and conserves more water than typical planting because of the re- circulating system. As these walls face west and south, they will get plenty of sunlight. Occasionally the plant material will require trimming which will be accomplished from a mechanical lift. Look forward to seeing you on the 291h. In the meantime, don't hesitate to contact us with comments or questions. Don Edwards Companies Don DeVere Vice President Mixed Use Development 495 S. High St, Suite 150 Columbus, Ohio 43215 T 614- 241 -2070 F 614- 241 -2080 This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, CONFIDENTIAL and EXEMPT FROMIDI5CLOSURE under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the United State Postal Service. LL CJ z 0 Tj ic" jz LL CJ z 0 Tj ic" �\ �� / } \��� LM 5 .... .............. . § \ \� ` \� � � \� � � � � � ' � � <� �( jg \� E : r L !�\ \ \>�E �� \ \�, ............ . . .......... ��\ LM 5 � � � _ i fig. 'ELI . $ €� 5 �': 3`a � . :�,. _. Z Q 4 �'cJ..,_..,Gh <� E. L]L. C. 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Truxell, Rebecca From: Pape, Scott Pape @mydelraybeach.com> Sent: Tuesday, August 06, 2013 10:15 AM To: Carolyn Patton; Butler, Lula; Shutt, Brian; Pyburn, Terrill Cc: azeller @zwattorrieys.com; cedortch @aol.com; c_diver @netzero.com; genie1l @bellsouth.net; needemarest43@yahoo.com; applique20l3 @comcast.net; Claudia_willis @bellsouth.net; Pape, Scott; Dorling, Paul; Nubin, Chevelfe Subject: RE: Caroline- Thanks for your email. It is frequently the case that the content of board discussions are not always reflected in the final conditions of approval. I did go back and watch the video of that City Commission meeting this morning and traffic calming north of SE 2" Street was discussed. However, at the end of the Atlantic Crossing agenda item during the motion phase, the City Attorney was specific on the reading of that condition of approval as reflected in the approved Board Order. I am by virtue of this e -mail forwarding your concern to the City Attorney and City Clerk. Sincerely, Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Bead, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape(doydelraybeach,com From: Carolyn Patton [mai Ito: chempstead0853 @aol, corn] Sent: Monday, August 05, 2013 11:57 AM To: Butler, Lula; Pape, Scott Cc: azellerCa?zwattorneys.com; cedortchCc.aol.com; c diverCj)netzero.com; geniel1 @bellsouth.net; need em arest43Pyahoo.com; applique2013Ocom cast. net; claudia will is(&bellsouth.net Subject: Dear Lula and Scott, A board member of The Marina District Homeowners has reviewed the tape of the 12/4/12 City Commission meeting when Atlantic Crossings was approved with conditional uses. It is very clear that Mr. Carney conditioned the approval on traffic calming for the entire Marina Historic District. At one point, he says "Everything north of SE 2nd Street to Atlantic" in the District needs calming measures. Is this being changed in the minutes and forwarded to the developers because they think they only have to address(and pay for))Palm Square. Carolyn Patton, President, Marina Historic District Homeowners Assoc. chem steadOS53 a aol.com Atlantic Crossing's Commitments to SAFE Agreed to by Don DeVere November 14, 2013 1. Work with the City and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact traffic on Atlantic Avenue and north of N. E. 1St Street on 7t" Avenue, 2. Unbundle parking from rent /purchase for those residents who do not need a car or a parking space, 3. Adopt a free, shared bicycle use program for residents by purchasing 20 bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of Atlantic Crossing, if more are required, Atlantic Crossing would be open to adding more in the future, 4. Arrange free delivery /pick up of rental bicycles in case there are no shared bikes available Atlantic Crossing will disseminate third party rental information to all residents, 5. Provide an inside, safe and secure storage for bicycles with racks for a minimum of eighty -six (86) bicycles for the residents of Atlantic Crossing, 6. Provide storage, showers and lockers for employees, 7. Purchase and maintain an electrical vehicle (street -legal golf cart or similar vehicle) to provide local transportation for tenants within Atlantic Crossing for shopping and other local use within downtown Delray Beach on a first come, first serve basis with the cost thereof including, without limitation, insurance expense, to be a pass -thru to the tenants and the use thereof will be subject to rules and regulations promulgated from time to time with respect to the use of such vehicles, 8. Promote a commuter tax benefit program and discounted Tri -Rail and Palm Tram passes, 9. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms, 10. Provide as much overhead sidewalk shelter /shade as possible both within and along the entire perimeter of the property, 11. Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following occupancy,: a. The number of residents who are paying a lower rent, because they don't own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle for grocery shopping, d. The number of times the shared bicycles are used in a calendar year, 12. Support traffic improvements at NE 1st Street and 6th Avenue and NE 1" Street and 7th Avenue that are designed and endorsed by the adjacent community and the City to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn lane at NE 1 St Street and 6th Avenue is appropriate and desired, and assuming sufficient right of way exists to accommodate such right turn lane, Atlantic Crossing agrees to pay for such improvements. 13. Encourage the City to use the previously agreed to $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today, 14. Hosted a TDM meeting included representatives from the City, the CRA, the Chamber of Commerce and Florida Commuter Services to discuss initiatives that would reduce the number and timing of traffic trips, 15. Install a device that counts and records the number of motor vehicles that enter and exit the garages by hr/day, and report this activity annually to the City and SAFE, 16. Hire a TDM Coordinator to make and distribute questionnaires to all residents, employees, patrons ... to the site. Based on the results, the coordinator will develop additional TDM strategies for Atlantic Crossing and SAFE, 17.Atlantic Crossing respectfully requests the City to include all of the items above as formal conditions of approval. Truxell, Rebecca From: JamesEJIMCHAR @aol,com Sent: Monday, November 18, 2013 5:03 AM To: Dorling, Paul; Pape, Scott Subject: Atlantic Crossing's Commitments to SAFE Attachments: 2013 .11.15ACCommittmenttoSPRAB.doc Paul & Scott: Please read the attached commitments from Atlantic Crossing. It is, in essence, an action plan for reducing both parking demand and daily traffic trips. As requested by Atlantic Crossing (see em # 171, please approve and recommend ail of these it' �. __.. as formal "Conditions of aptoroval ". Here are some of the highlights. Atlantic Crossing will: 1. Provide bicycle lockers and showers for employees. This will be a first in the history of Delray Beach! 2. Purchase and maintain an EV for the use of residents who do not own a car, 3. Hosted a TDM Conference in Delray Beach that was attended by representatives from the City, the CRA, the DDA, and the Chamber of Commerce. Guest presenters included: Dr. Phil Winters from the University of South Florida, the # 1 TDM guru in the State of Florida; South Florida Commuter Services Deputy Director Sabrina Glenn; City of Boca Raton TDM Initiative Administrator Luisa Forney; and, FDOT4 Mobility Coordinator Larry Hymowitz. SAFE believes that this was the first time a TDM Conference was held in Delray Beach, 4. Hire a TDM Coordinator to make and distribute questionnaires to all residents, employees, and patrons in order to develop additional TDM initiatives. This will be another first for Delray! 5. Count, record, and report the number of times a motor vehicle enters /exists all the parking garages by hour /day. This data will tell us how many traffic trips are actually taken in the AM and PM peak hours and the average number of daily trips taken by day of the week, month, during special events, holidays, in season /out of season, by month, annually, etc. As a result, the City and SAFE will be able to determine the effect of implementing TDM initiatives by comparing the actual number of trips to the formula that is currently used by P & Z in determining developer requirements. This will assist Delray, and perhaps many other cities across the United States, in establishing revised LDRs that give proper credit for the implementation of TDM initiatives. This will be yet another first for Delray! Best regards, Jim Smith, SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax jameseiimcha_r_@aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Truxell, Rebecca From: JamesEJIMCHAR @aol.com Sent: Wednesday, December 05, 2012 8:25 AM To: JamesE=JIMCHAR @aol.com Subject: pelray Beach City Commission Approves Atlantic Crossing Delray Beach City Commission Approves Atlantic Crossing Last night, the Delray Beach City Commission approved the Atlantic Crossing (formerly, aka Atlantic Plaza II) by a vote of 3 -2. Jeff Edwards, President of Edwards Companies, a co- developer, clearly explained all the changes that the developers had made since getting direction at the last meeting from the City Commission, and after listening and acting on the requests of the stakeholders most affected by the re- development. Jeff began his presentation by explaining that the density request had been reduced from 51 dufac to 43 du/ac. Jeff went on to review all the other requests that were agreed to with the stakeholders including: 1. Widening the Atlantic Avenue sidewalk from the required 10' width to 15'. Wider sidewalks were requested by SAFE and by Colony Hotel Owner /Manager Jestena Boughton. Later in the meeting, the developer also agreed to Jestena's request of planting live oak trees along Atlantic Avenue, 2. Adopting all of the Transportation Demand Management (TDM) initiatives recommended by SAFE, and adding some of their own: a. Free, high speed wireless system throughout the complex, a special telecommuting room so that residents will be able to telecommute from home, b. A parking way finder system that will identify vacant parking spaces, thereby eliminating the need of driving around trying to find a parking space, c. Encouraging employers to apply for reduced Tri -Rail and Palm Tran for their employees and, d. An outreach program that will provide TDM info and support for both residents and employees. The TDM initiatives recommended by SAFE and adopted by the developer include: a. The applicant will work with the city of Delray Beach and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact the traffic at the Atlantic Avenue Bridge, and north of NE 1 Street on 7 Avenue, b. The applicant will encourage the city to utilize the previously agreed $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today, c. The applicant consulted with TDM experts on initiatives which could be implemented by Atlantic Crossing; and, hosted a meeting with these experts and other interested parties, d. The applicant will implement an employee transportation program that offers financial incentives for employees to use alternative means of transportation, e. The applicant will support traffic improvements at NE 1 Street and NE 6 Avenue and NE 1 Street and NE 7 Avenue that are designed and endorsed by the adjacent community and the city of Delray to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn on red lane at NE First and NE 6 Avenue is appropriate and desired and assuming sufficient right of way exists to accommodate such a right turn on red lane, the developer agrees to pay for these. Similarly if a determination is made to close 7 Avenue north of NE 1 Street, the developer agrees to pay for closure not to exceed $20,000. (Note: during last night's meeting the City Commission added the 7 Avenue street closing as a condition of approval, without cost limitations.), f. The applicant will work with SAFE, Delray and FDOT to maximize pedestrian safe crossing of Atlantic Avenue between NE 6 Avenue and Veteran's Park, g. The applicant will, in addition to public bike racks placed throughout the project site, provide both tenant and employee inside bicycle storage facilities. Employee facilities will also include lockers and showers, h. The applicant will include a bicycle sharing program, and explore car sharing — so that residents who do not own a bicycle or a car will have the use of either on a short term basis, and L The applicant will unbundle parking so that residents who don't own a car will pay less rent than those who own a car. 3. Donating $500,000 to the City for upgrading Veterans Park. After Jeff Edwards completed his presentation, it was time for Citizens Comments. And they did. And, the City Commission listened. Then, it was time for questions and comments from the City Commissioners. Commission Gray questioned whether the project could be reduced further to 40 du /ac and that the number of efficiencies be reduced. Commissioner Frankel also asked about a reduction to 40 du /ac. Commissioner Jacquet complimented Jeff Edwards for reaching out to the neighbors, and asked for lower density, and encouraged the developer to continue meeting with the neighbors. Commissioner Carney thought there was too much product for the site. Mayor McDuffie spoke the longest of all - going into the history of the project, and the vital need for downtown Class A office space. In closing his comments, Woodie asked the developer if they could agree, then and there, to a reduction to 40 du /ac. Jeff Edwards said "yes ". The Commission next reached out to the Palm Trail and Marina District residents to formally add two additional conditions of approval that were asked for: closing NE 7 Avenue north of NE 1 Street, and traffic calming for the Marina District. The vote was almost anticlimactic. The project was approved, and Atlantic Crossing goes next to the Site Plan Review and Appearance Board. In summary, the approval was a win for the primary stakeholders from Palm Trail & the Marina District, a win for the City, a win for all the other Delray Beach residents and taxpayers, and a win for the developers. Of course, no one got everything they wanted. Those who threatened a lawsuit 2 should reconsider their action. There were many sacrifices made by all. That's just one of the things that makes our City special. Now is the time for healing, and moving on. That's the Delray way! When fully built, SAFE believes Atlantic Crossing will be a model, the first of many future developments (the second will be Sofa Buildings 1 & 2) that will embrace TDM initiatives. When that happens, our downtown will have more people walking and bicycling resulting in fewer traffic trips than would otherwise occur. Does anyone object to more people walking and bicycling, and fewer traffic trips? Let's all take time to applaud ourselves. Democracy is alive and well in Delray Beach. Thanks for all you do. Jim Smith, SAFE Chairman 3 Truxell, Rebecca From: JamesEJ IMCHAR @aol.com Sent: Sunday, December 02, 2012 7:36 AM To: JamesEJIMCHAR @aol.com Subject: SAFE fully supports the revised Atlantic Crossing proposal Attachments: Pineapple Article_0001.pdf; SAFE Letter of Recommendation Signed. pdf www.DEL.I2AYPINE PEKE --OM — — -- THE DELRAY BEACH PINEAPPLE -Y a - Alla 9 UOSS"ag -10-date ChOMMENTARuff NO GUESTA 8 By Jim Smith, SAFE Chairman Special to The Pineapple At the November 13th Delray Beach City Commission Meeting more than 350 Delray Beach residents overflowed the Commission Chambers. An hour before the meeting was scheduled to start, television cameras and reporters were set up outside City Hall, as residents congregated in a protest rally against the proposed density of Atlantic Crossing (formerly Atlantic Plaza I1). The meeting was delayed as the Mayor and the City Manager, called in the police to assist in crowd control. Since the Chamber Room could accommodate only half of the crowd, the Mayor directed the overflow to Clunference Room A or the lobby as both were equipped with giant monitors and sound, The Mayor and police did a terrific job of calming the audience and maintaining order throughout a rather raucous meeting. The audience, for the most part, was composed of those who opposed the proposed conditional use request to increase the residential density of the project. Even though there were many people who wished to make comments to the Commissioners, the Mayor said he would allow each person a full three minutes, but warned that it would be a very long night -- which it was. The Commissioners listened, and listened, and listened more.. As each Commissioner discussed the proposal, it became clear that there would be no vote "for" or "agaizist" that night. Instead the Commission voted 5 -0 to give direction to the redeveloper to revise the plan. The primary direction given by the Commissioners was for the redevelopers to go back to the drawing board and return with a plan that reduced the number of dwelling units. The Commissioners also suggested that there should be fewer 1- bedroom apartments, more condos, lease restrictions that would prevent transients,. etc, :,The meeting to reconsider will be during ' the regular City Commission Meeting of December 4th. SAFE was pleased that the redeveloper, at SAF'E's urging, attached the following conditions to their conditional use request: 1. The applicant will work with the city of Delray Beach and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact the traffic at the Atlantic Avenue Bridge, and north of NE 1st Street on 7th Avenue, 2, The applicant will encourage the city to utilize the previously agreed to $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today. 3. The applicant will consult with a TDM expert on initiatives which could be implemented by Atlantic Crossing; and, host a meeting with these experts and other interested parties h. The applicant will implement an employee transportation program that offers financial incentives for employees to use alternative means of transportation 5. The applicant will support traffic improvements at NE 1st Street and 6th Avenue, and NE 1st Street and 7th Avenue, that are designed and.endorsed by the adjacent community and the city of Delray Beach to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn lane at NE 1st Street and 6th Avenue, is appropriate, and desired, and assuming sufficient right of way exists to accommodate such right turn lane, the developer agrees to pay for such improvements. Similarly, if such a determination is made to close 7th Avenue north of 1st Street, the developer agrees to pay for such closure, not to exceed $20,000. 6. The applicant will work with SAFE, Delray Beach and FDOT to maximize pedestrian safe crossing of Atlantic Avenue between 6th Avenue and Veteran's Park, 7. The applicant will, in addition to public bike racks placed throughout. the project site, provide both tenant and employee inside bicycle storage facilities. Employee facilities will also include lockers and showers, At SAFE's request, the redeveloper arranged a Transportation Demand Management Summit Meeting that was held the day after the Commission Meeting to discuss programs that the redeveloper could take to reduce the number of traffic trips during peak hours and to mitigate the total number of daily traffic trips. SAFE arranged for several experts to offer their suggestions. Those included Phil Winters, the # 1 TDM guru in Florida from the University of South Florida; South Florida Commuter Service (SECS) Deputy Director Sabrina Glenn; City of Boca Raton Transportation Demand Initiative Administrator L.uisa Forney; and, FDOT4 Mobility Coordinator Larry Hyriiowitz, The redeveloper also invited Chamber of Commerce, City, CRA, and DDVA officials to attend. As a result of the meeting, SFCS volunteered to assist the redeveloper in designing TDM initiatives for Atlantic Crossing and, if called upon, to assist the Chamber of Commerce, the City, the CRA. and the DDVA as well, . On November 15th, SAFE learned that the redeveloper is considering a further outreach effort by holding focus group meetings of the various stakeholders. SAFE believes that as a result of City Commission action and the applicants' willingness to compromise, Atlantic Crossings will be built and that it will be a "win/,A n vin" for all. And, with more people living downtown, Pineapple Grove's fitness centers, spas, hair salons, restaurants, and shops will prosper, too. The quality of life we all enjoy will not be diminished. by Atlantic Grossing if the necessary steps to mitigate traffic to an acceptable level are taken. Delray Beach will just be more vibrant, more fun, and remain the Village by the Sea that we all treasure! F j v` r 'Help Florida becorne the most motorist, pe% esidan and bicyclist friendly state in the USAI November 7, 2012 Safety As Floridians Expect (SAFE) fully supports the conditional use application of Atlantic Plaza 11, as proposed conditioned on the following: The applicant will work with the city of Delray Beach and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact the traffic at the Atlantic Avenue Bridge, and north of NE 15t street on 7tt' Avenue. 2. The applicant will encourage the city to utilize the previously agreed to $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today. 3. The applicant will consult with a TDM expert on initiatives which could be imple- mented by Atlantic Plaza 11; and, host a meeting with these experts and other interested parties 4. The applicant will implement an employee transportation program that offers financial incentives for employees to use alternative means of transportation 5. The applicant will support traffic improvements at NE first and 6th and NE first and 7th that are designed and endorsed by the adjacent community and the city of Delray to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn lane at NE First and 6th is appropriate and desired and assuming sufficient right of way exists to accommodate such right turn lane, the developer agrees to pay for such improvements. Similarly if such a determination is made to close 7th north of First, the developer agrees to pay for such closure not to exceed $20,000. 6. The applicant will work with SAFE, Delray and FDOT to maximize pedestrian safe crossing of Atlantic between 7th and Veteran's Park. 7. The applicant will, in addition to public bike racks placed throughout the project site, provide both tenant and employee inside bicycle storage facilities. Employee facilities will also include lockers and showers. For the Board: James . Smith SAFE, Chairman r � r Charles T. Bonfieel SAFE President Truxell, Rebecca From: JamesEJ IMCHAR @aol.com Sent: Sunday, ]November 25, 2012 11:32 AM To: JamesEJIMCHAR @aol.com Subject, Delray Beach: Street, Bridge, Sidewalk Safety & Sustainability Delray Beach: Street, Bridge, Sidewalk Safety & Sustainability The SAFE Board asks for your input and action. Recently, I've received emails expressing concerns about pedestrian and bicyclist safety in Downtown Delray Beach along Atlantic Avenue, the bridge, and Pineapple Grove. Please let me know by return email if you have observed any pedestrian or bicyclist safety issues in Downtown Delray. Also, please let me know, if you think there is a need for a traffic signal at the intersection of Pineapple Grove & SE 1 Street now that the Hyatt Place is in operation. Please share any personal experiences or observations of problems at this intersection. Once the SAFE Board has accumulated your observations and comments, it will present them to the City and the Florida Department of Transportation for their review and possible corrective action. On other subjects: If you're interested in reading a wonderful new book about walkable cities, please check out this book by Jeff Speck, co- author of Suburban Nation, The book is available in Kindle form for $13. it's an entertaining, informative, and a must read for City Managers, elected officials, planners, and anyone else who is interested in improving downtowns. Click here: Amazon.com: Walkable City: How Downtown Can Save America One Step at a Time (9780374285814): Jeff Speck: Books One final request.... Please sign the sustainability petition linked below. The sustainability petition was the brainstorm of Joe Snider. Joe is the Founder /President of Building Green Generations, Inc. He is a licensed Florida architect, and has served on many Green Task Forces, Building Councils, and Steering Committees. He has a Masters Degree in Architecture with an emphasis in energy and sustainability design; and a MS in Historic Preservation with the same emphasis. He recently convinced the Delray P & Z Board to add a LEED building as part of the conditions of approval for the Atlantic Plaza redevelopment. We are indeed fortune to have Joe living, working and advocating in Delray Beach. Here's Joe's email request: Dear Friends in Delray Beach, After over 6 years of advocating for sustainability in Delray Beach and consulting with county and city governments in other parts of Florida, 1 have come to the conclusion that the City Manager position is one of the most important positions in the daily running of our city and the development of long term policies. In addition, the City Manager has the option of staying on for many years. Our current City Manager has been here over 3 times as long as any commissioner serving on the City Commission. As you may know, the City is currently undergoing a process to hire a new City Manager. We are encouraging the City to include sustainability criteria in the City Manager selection process. There are many issues the City will be dealing with, from responsible growth, to regional transportation, to rising sea levels. A City Manager who is well versed in sustainability could be a great asset to the City in its long term development and goals. Please join me in signing a petition to include sustainability criteria in the City Manager Selection Process. All you need to do is go to the link below and sign the petition online. Please share this with your friends and colleagues as well. ht �� Ilwww.change.org/petitions /city- of- delray- beach- incorporate - sustainability - criteria - into - the -ciy_- manager- selection - process Thank you so much, Joe Snider Delray Beach, FL Please take the time necessary to respond to these requests. If you don't, who will? Best Regards, Jim Smith SAFE Chairman Truxell, Rebecca From: JamesEJIMCHAR @aol.com Sent: Wednesday, November 14, 2012 6:31 AM To: JamesEJIMCHAR @aol.com Subject: Last Night's Special City Commission Meeting — Atlantic Crossing Last Night's Special City Commission Meeting —Atlantic Crossing At last night's Delray Beach City Commission Meeting, the Commissioners wisely neither approved or disapproved Atlantic Crossing's (formerly Atlantic Plaza 11) request for conditional use to exceed a height of 48' (59' 4" proposed) and increase the residential density of the project to 5 1. 10 dwelling units /acre. Instead, the Commissioners postponed with direction. The next meeting to reconsider will be at the regular City Commission Meeting of December 4. The primary direction given by the Commissioners was for the redevelopers to go back to the drawing board and come back with a plan that reduced the number of dwelling units. The Commissioners also suggested that there should be fewer 1- bedroom apartments, more condos, lease restrictions that would prevent transients, etc. Also, last night the applicants asked P & Z to include all of SAFE's suggested conditions of approval. Those are: The applicant will work with the city of Delray Beach and TDM experts to include features in the project that will minimize the traffic load on Atlantic Avenue, particularly as it may impact the traffic at the Atlantic Avenue Bridge, and north of NE 1 Street on 7 Avenue. 2. The applicant will encourage the city to utilize the previously agreed to $150,000 shuttle funding to improve service, reduce wait time, and expand service beyond what exists today. 3. The applicant will consult with a TDM expert on initiatives which could be implemented by Atlantic Crossing; and, host a meeting with these experts and other interested parties 4. The applicant will implement an employee transportation program that offers financial incentives for employees to use alternative means of transportation 5. The applicant will support traffic improvements at NE 1 Street and 6 Avenue and NE 1 Street and 7 Avenue that are designed and endorsed by the adjacent community and the city of Delray to mitigate any increased traffic in this area associated with the project re- development. In the event it is determined by those parties that a new traffic signal and right turn lane at NE 1 Street and 6 Avenue is appropriate and desired and assuming sufficient right of way exists to accommodate such right turn lane, the developer agrees to pay for such improvements. Similarly, if such a determination is made to close 7 Avenue north of 1 Street, the developer agrees to pay for such closure not to exceed $20,000. 6. The applicant will work with SAFE, Delray and FDOT to maximize pedestrian safe crossing of Atlantic Avenue between 7 Avenue and Veteran's Park. 7. The applicant will, in addition to public bike racks placed throughout the project site, provide both tenant and employee inside bicycle storage facilities. Employee facilities will also include lockers and showers. SAFE believes that as a result of City Commission action and the applicants' willingness to compromise, Atlantic Crossings will be built and that it will be a "win/win/win" for all. Jim Smith, SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Truxell, Rebecca From: JamesEJIMCHAR @aol.com Sent: Thursday, November 01, 2012 4:30 PM To: JamesEJIMCHAR @aol.com Subject: Atlantic Plaza II - A Delray Beach City Commissioner Who Acts! Atlantic Plaza II - A Delray Beach City Commissioner Who Acts! Maybe, now we'll not have to attend the Election Day Meeting in the slim chance that Atlantic Plaza IT is not deferred. In a clarifying email received yesterday, City Manager, David Harden wrote: "in mid - afternoon we received a letter from the Edwards Companies requesting that the Atlantic Plaza 11 Conditional Use Hearing he deferred to November 13. 1 do not recall the Commission ever refusing to grant such a request ". In the emails below, Delray Beach City Commissioner Adam Frankel asked Acting City Manager Doug Smith to convene a special meeting tomorrow to formally defer the Atlantic Plaza Il hearing from November 6 (Election Day) to November 13. The real stand -up hero in this fiasco is Atlantic Plaza II developer Bill Morris of the Edwards Companies. He did not have to voluntarily ask that Atlantic Plaza be deferred from Election Day. Please see email trails (below the line) from/to Delray Beach City Commissioner Adam Frankel. I'll let you know if I receive any emails from the other City Commissioners, To: Jim Smith A special meeting is being held tomorrow at Ipm to discuss moving the Atlantic Plaza 11 hearing. Sincerely yours, Adam Frankel City Commissioner City of Delray Beach From, JarmesEJIMCHAR(a�aol.COm [JamesEJIMCHAR @aol.com] Sent: Thursday, November 01, 2012 12:19 PM To: Frankel, Adam Subject: Re: FW: Request for Special Meeting - Friday Nov. 2 - Atlantic Plaza II Thank you, Adam. Makes a lot of sense! Jim Smith From: Frankel, Adam Sent: Thursday, November 01, 2012 12: 04 PM To: Smith, Douglas Cc: Commissioners, Mayor and City Manager; Shutt, Brian; adamfrankelrrgmail. corn; bilsouthcp. com Subject: Request for Special Meeting - Friday Nov. 2 - Atlantic Plaza II Doug - As you are the acting City Manager, I am sending you the following request. Upon my conversation with our City Attorney, I am requesting that a Special Meeting be scheduled regarding Atlantic Plaza H and the applicants request to defer this hearing from Nov. 6 to Nov. 13. Brian is recommending that a hearing be scheduled for tomorrow afternoon. I feel it is important to convene this special meeting prior to next Tuesday. Thank you.for your immediate attention to this request. Sincerely yours, Adam Frankel City Commissioner City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Frankel M )Delra Beach, com PHONE: (561) 243 -7010 FACSIMILE: (561) 537 -8504 Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not reply to this message. Truxell, Rebecca From: JamesEJIMCHAR @aol.com Sent: Thursday, November 01, 2012 4:36 PM To: JamesEJIMCHAR @aol.com Subject: Atlantic Plaza Il - A Delray Beach City Commissioner Who Acts! Atlantic Plaza II - A Delray Beach City Commissioner Who Acts! Maybe, now we'll not have to attend the Election Day Meeting in the slim chance that Atlantic Plaza II is not deferred. In a clarifying email received yesterday, City Manager, David Harden wrote: "in mice- afternoon we received ca letter from m the Edwards Companies requesting that the Atlantic plaza H Conditional Use Hearing be deferred to nlovember 13. 1 dry not recall the Commission ever refusing to grant such a request ". In the emails below, Delray Beach City Commissioner Adam Frankel asked Acting City Manager Doug Smith to convene a special meeting tomorrow to formally defer the Atlantic Plaza II hearing from November 6 (Election Day) to November 13. The real stand -Lip hero in this fiasco is Atlantic Plaza lI developer Bill Morris of the Edwards Companies. He did not have to voluntarily ask that Atlantic Plaza be deferred from Election Day. Please see email trails (below the line) from/to Delray Beach City Commissioner Adam Frankel. I'll let you know if I receive any emails from the other Commissioners. To: Jim Smith A special meeting is being held tomorrow at fpm to discuss moving the Atlantic Plaza II hearing. Sincerely yours, Adam Frankel City Commissioner City of Delray Beach From: JamesEJIMCHAR a aol.com [JamesEJIMCHAR @aol.com] Sent: Thursday, November 01, 2012 12:19 PM To: Frankel, Adam Subject: Re: FW: Request for Special Meeting - Friday Nov. 2 - Atlantic Plaza Il Thank you, Adam. Makes a lot of sense! Jim Smith From?: Frankel, Adam Sent: Thursday, November 01, 201212:04 PM To.-Smith, Douglas Cc: Commissioners, Mayor and City Manager; Shutt, Brian; adamfrankelAgmail. com; bi routhcp. corn Subject: Request for Special Meeting - Friday Nov. 2 - Atlantic Plaza II Doug - As you are the acting City Manager, I am sending you the following request. Upon my conversation with our City Attorney, I am requesting that a Special Meeting be scheduled regarding Atlantic Plaza II and the applicants request to defer this hearing from Nov. 6 to Nov. 13. Brian is recommending that a hearing be scheduled for tomorrow afternoon. I feel it is important to convene this special meeting prior to next Tuesday. Thank you for your immediate attention to this request. Sincerely yours, Adam Frankel City Commissioner City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Frankel Ay Delra Beach. com PHONE: (561) 243 -7010 FACSIMILE: (561) 537 -8504 Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not reply to this message. Truxell, Rebecca From: Pape, Scott <Pape @mydelraybeach.com> Sent: Wednesday, November 07, 2012 8:23 AM To: jlindgren7 @comcast. net Cc: Pape, Scott Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Ms. Lindgren- I'm not aware if City Commissioners will make this issue a point they want to consider as part of the conditional use application. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, 1 =L 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: a e m delra beach.com From: jlindgren7 @comcast.net [mailto:jlindgren7 @comcast.net] Sent: Tuesday, November 06, 2012 9:57 PM To: Pape, Scott Subject: Re: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hello Mr Pape, I just wanted to follow up and find out if you know anything more on the possibility of closing NE 7th Ave at NE 1st St. Is this included in the City Commission consideration of the conditional uses? Thanks, Shari Lindgren Palm Trail Homeowners' Association From: "Scott Pape" <Pape @mydelraybeach.com> To: "Tracie Lutchmansingh" < lutchmansingh (d,)mydelraybeach.com >, "jlindgren7@comcast.net" <ilindgren_7(cD,comcast. net> Cc: Cor526 aol.com, "Ann Swank" <annswank425@yahoo.com >, "jay blackburn" <iav blackburn ahoo.com >, "Paul Dorling" <DorlingP(a.mydelraybeach.com >, "Mark McDonnell" < mcdonnell m delra beach.com >, "Scott Pape" <Pape car mydelraybeach.com >, "Mike Covelli (mike(c covellidesign_.com)" <mike @covellidesign.com> Sent: Tuesday, October 30, 2012 1:42:24 PM Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Ms. Lindgren- It is my understanding thatthe closure of NE 7th Avenue at NE 1st Street will be considered as part of the site plan process. It is noted that the site plan application has not been submitted at this time. I think it would be important for you to draft a letter (on HOA letterhead if available) or an e -mail on your position on this issue and any others you may have. I will make this part of the official record that will be considered by the Site Plan Review Board when the site plan is considered. I can also have this included in the City Commission consideration of the conditional uses. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Peach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: papegmydelraybeach.com From: Lutchmansingh, Tracie Sent: Tuesday, October 30, 2012 12 :21 PM To: 'jlindgren7 @comcast.net' Cc: cor526 @aol,com; Ann Swank; jay blackburm- byahoo.com; Pape, Scott Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Shari: My apologies for not responding sooner, I was not in on Monday. Planning and Zoning (P &Z) would be able to provide better direction on how to proceed. I've given Senior Planner, Scott Pape the heads up that you will be contacting him. Mr. Pape is the planner for the Atlantic Plaza project. His email in included and his phone number is 561 -243 -7321. Kind Regards, Tracie M. Lutchmansingh, P.E. Assistant City Engineer City of Defray Beach Environmental Services Department 434 South Swinton Ave., Delray Beach, FL 33444 Phone: 561- 243.7322 •• Fax:561.243,7060 •• Bmail:ltitchmansingh ct,.mydelravbeach.com ..... From: jlindgren7 comcast.net [ma ilto:jlindgren7 @comcast.net] Sent: Sunday, October 28, 2012 6:35 PM To: Lutchmansingh, Tracie Cc: Cor526 aol.com; Ann Swank; jay blackburn(o )yahoo.com Subject: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Tracie, Thank you so much for coming to our meeting with the developer of Atlantic Plaza II last week. I wanted to follow up and find out what our next step is to finding out if we can protect our neighborhood from traffic and parking problems coming from the new project Atlantic Plaza ll. Can you let us know how to proceed to make this happen now that we have the developer's commitment to pay for this? Thanks, Shari Lindgren Palm Trail Assoc vice president From: "Jay Blackburn" sway blackburn @�yahoo.com> To: jlindgren7 @comcast.net Sent: Wednesday, October 24, 2012 12:21:05 PM Subject: FW: reminder Palm Trail HOA meeting Wednesday night I sent this to you yesterday and it just got kicked back. I told Tracie the meeting ends at 9:00. Feel free to send her an email and give her more info. Thanks. From: Jay Blackburn [mailtoJay blackburn(a)yahoo.com] Sent: Tuesday, October 23, 2012 12:00 PM To: 'Lutchmansingh, Tracie' Cc: 'jlindgren7 @comcast.net' Subject: RE: reminder Palm Trail HOA meeting Wednesday night Tracie- Thank you for your quick reply. I copied Shari Lindgren on this email. She is Vice President of the Palm Trail Home Owner's association. She would be better suited to comment on presentation /discussion time frames. We really appreciate you or Randal attending. Thanks, Jay From: Lutchmansingh, Tracie [ mailto: iutchmansingh @mydeiraybeach.com] Sent: Tuesday, October 23, 2012 11 :53 AM To: 'Jay Blackburn' Subject: RE: reminder Palm Trail HOA meeting Wednesday night Hi Jay: 1 will be attending meeting if Randal is unable to. Is there an estimate on time presentation / discussions will run? Thanks. Kind Regards, Tracie M. Lutchmansingh, P.E. Assistant City Engineer City of Delray Beach Environmental Services Department 434 South Swinton Ave., Delray .Beach, Fla 33444 Phone: 561.743,7322 •• Fax:561.143.7060 •• EmaiLlutclvnansingk h(-@,rnvde1ravbeach.com From: Jay Blackburn [mailto:jay blackburn ahoo.com] Sent: Tuesday, October 23, 2012 11 :48 AM To: Krejcarek, Randal Cc: Lutchmansingh, Tracie; McDonnell, Mark; jlindgren7 @comcast.net Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thank you. From: Krejcarek, Randal [ mai Ito: Krejcarekgmydelraybeach.com] Sent: Tuesday, October 23, 2012 11:41 AM To: 'Jay Blackburn' Cc: Lutchmansingh, Tracie; McDonnell, Mark Subject: RE: reminder Palm Trail HOA meeting Wednesday night Jay, I have a last minute commitment at 7 but will try to get there after if commitment does not last too long. Randal L. Krejcarek, P.E. LEER AP, LISP City Engineer Delray Beach, FL Ph: 561.243.7322 Fx: 561.213.7060 kreicarek@,MVDelraVBeach.com From: Jay Blackburn [mailtoJaay blackburnC�yahoo.com] Sent: Tuesday, October 23, 2012 11:24 AM To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie; Krejcarek, Randal Cc: Nubin, Chevelle Subject: FW: reminder Palm Trail HOA meeting Wednesday night Hello- I know you probably have been busy with all the debate /rally activity, so I thought it would be a good idea to send a reminder about the Palm Trail Association meeting tomorrow (Wednesday). As I mentioned before, it would be helpful if someone from the city is there to hear what the developers of the Atlantic Plaza II project are telling the local residents. The developer presentation portion of the meeting starts at 7 :30. Thank you, Jay Blackburn 701 NE 2" Street From: Jack Maloney [mailto:jackm@firstlantic.com] Sent: Tuesday, October 23, 2012 10:47 AM To: ilindgren7acomcast.net; reed webster@comcast.net; beng2002(&aol.com; bforman@formancap.com; drbob232Cc?gmail.com; rosaC? rentals bychristoph.com; siorgensen @wackenhut.g4s.com; Iubawking@aol.com; bs er s com cast. net; mariekavc @Vahoo.com; debg192@aaol.com; jennforman@me.com; PRFARNUM @AOL.COM; malone @mscogroup. net; LPfarnumCa)aol.com; ruth- hayhoe sympatico.ca; samCasambierstock.com; wjhamindspring,.com; ibis22@bellsouth.net; lifeforce590bmsn.com; bgucciardo @scarlettgucciardo.com; Kevin @jstouring.com; taylorstxC&yahoo.com; Jenshumwa aol.com; walterlinde @me.com; adriaenssens cd aol.com; 'ackneff ay hoo.com; zramz60Ca)bellsouth.net; gelod3 yahoo.com; Ivruffino gmail.com; lweakley(@msn.com; jeffroseC7awacofilters.com; TropicalawningCa)bellsouth.net; artisticcolors@bellsouth.net; Tom @macm ilia nstanley.com; carol( macmillanstanley.com; cornett.sarahCc�gmail.com; claudiahehner mail.com; stevemiskew rjsreal .com; 5 swank bellsouth.net; glowabe @aol.com; michquiaCa@ahoo.com; adrianakovCc�gmail.com; gdurkin333Ca�Xahoo.com; rex @rexblazer.com; RRIDGLEYS@aol.com; joann pea rtCabcom cast. net; jay blackburnCa?yahoo.com; trishjacobsonCamac.com; msinger@sover.net; annamonab@bel[south.net; madonnai @aol.com; cowshorses (,aaol.com; abinderCc. petairways.com: sheri@hazeltinelaw.com; mbglad @bellsouth.net; Cor5260)aol.com; mvt2I0.1.Pgmail.com; ecmv2 @earthlink.net; sandbec msn.com; pf321 ir etzero.com; marytw(&earthlink.net; Onestargayzeolaol.com; Ajpersico @msn.com; cpersico(- 0aol.com; VictorlaLCa be] Isouth.net; beachedboaW&msn.com; janetll@earthlink.net; '01 hn.Hndgren apriso.com; tromanoC&gsta.net; &8190bellsouth.net; simpdrb@bellsouth.net; Feld man4 @beIIsouth.net; tmshumway aol.com; drmoroco @morocoorthodontics.com; elleeneepstein@yahoo.com; happyforever(c-tmac.com; kkubersk @bellsouth.net; Valerie.GrantCabgmail.com; js(asilbersteinarchitect.com; frankyargaftellsouth.net; costello(Omydelraybeach.com; RobertPfrankfloor.com; Jenbelliscc�bellsouth.net; i imankofF mail.com; christophCabrentalsbychristoph .com; ehi112003 ahoo.com; svfoffice @bellsouth.net; ebm4321- @yahoo.com; annswank425 @yahoo.com, havnesroad@gmail.com; judy@judycraig.com, Jeanne varley @hotmail.com; icalhoun561@gmail.com; bimgarfinkelCc?aoLcom; SAUNDERSCa�mydelraybeach, com; bettyackca?me.com; cg(&constancehobbs.com; BorgBoca@aol.com Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thnx Shari —We will be there for this important issue.a..Jack Jack Maloney, President FirstLantic Healthcare, Inc. 2605 W. Atlantic Ave., Bldg A, #202 Delray Beach, FL 33445 Telephone: (561) 900 -7333 Jackm@firstlantic.com www.firstlantic.com Think of the environment. Please avoid printing this e -mail .unnecessarily. This document may contain information covered under the Privacy Act, 5 USC 552(a), and/or the Heaith Insurance Portability and Accountability Act (PL 104 -191) and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly. If this correspondence contains healthcare information it is being provided to you after appropriate authorization from the patient or under circumstances that don't require patient authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Redisclosure without additional patient consent or as permitted by law is prohibited. 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If you have received this correspondence in error, please notify the sender at once and destroy any copies you From: jlindgren7@comcast.net [ma ilto:ilindgren7 @comcast.net] Sent: Sunday, October 21, 2012 4:58 PM To: reed.webster comcast.net; beng2002@aol.com; bforman@formancap.com; drbob232 mail.com; rosaCc rentalsbychristoph.com; siorgensen@wackenhut.g4s.com; lubawkinq @aol.com; bsperrys@comcast.net; mariekavc @yahoo.com; debg192 @aoLcom; iennforman @me.com; PRFARNUM(ajAOL.COM; malone@mscogroup.net; LPfarnum @aol corn; ruth-hayhoe@sympatico.ca; samCcPsambierstock.com; w1h0mindspring.com; ibis22 @bellsouth.net; lifeforce59@msn. corn; bgucc lardo@scarlettgucciardo.com; Kevin stourin .com; Jack Maloney; taylorstx@ayahoo.com, jenshumwayC&aol.com; walterlinde@me.com; adriaenssens cd aol.com; jackneff@yahoo.com; zramz60@be]Isouth.net; gelod3ayahoo.com; Ivruffino mail.com; Iweakley @msn.com; jeffrose(a?wacofilters.com; Tropica lawn ingCc?bellsouth.net; artisticcolors bell`south.net; Tom (amacmillanstanley.com; carol(&macm ilia nstan ley. com; cornett.sarah @gmail.com; claudiahehner_@clmail.com; stevemiskewC)rjsrealty.com; S swan k bellsouth. net; g Iowa be @aol.com; michquig(&yahoo.com; adrianakov@gmail.com; gdurkin333@yahoo.com; rem-irexblazer.com; RRIDGLEYS(an)aol.com; jo] annpeart @comcast net; 'lay blackburn @yahoo.com; trishjacobsonamac.com; msinaer @sover.net; annamonab bellsouth.net; madonnai(abaol.com; cowshorsesPaol.com; abinder petairways.com; sheri@hazeltinelaw.com; mbglad @bellsouth.net; Cor526 @aol.com; mvt2101@gmail.com; ecmv2C@earthlink.net; sandbec(@msn.com; pf321 @netzero.com; marytw@earthlink.net; Onestargayzer@aol.com; Aipersico@msn.com; cpersico @aol.com; Victoria LC7a bellsouth.net; beachedboat(&msn.com; anetll earth.link. net; iohn.lindgren @apriso.com; jlindgren7 @comcast.net; tromano @gsta.net; aib819@ be] [south net; simpdrb bellsouth.net; Feld ma n4@ be] Isouth.net; tmshumway(aaol.com; drmoroco morocoorthodontics.com; eileeneepstein(&yahoo.com; happyforeveromac.com; kkubersk @bellsouth, net; Valerie.Grant(dgmail.com; jscZosilberstein arch itect.com; frankvarga@be_llsouth.net; costelloigmydelraybeach.com; Robert frankfloor.com; Jenbellis (Pbellsouth.net; gigimankoffCa)gmail.com; christophCcbrentalsbychristoph .com,, ehJ112003@yahoo -com; svfoffice bellsouth.net; ebm4321 @yahoo.com; annswank425 ahoo.com; haynesroad@gmail.com; judy(&Judycraig.com; Jeanne varley�ghotmail.com; jcalhoun561 @mail.com; bimgarfinkel @aol,com; SAUN©ERS @mydelraybeach.com; bettyack@me.com; cg@constancehobbs.com; BorgBoca@aol.com Subject; reminder Palm Trail HOA meeting Wednesday night Hello neighbors, Just a reminder that our homeowners assoc meeting is this Wednesday at Kelleghan Hall at St. Vincent's. 6:30 palm trail neighborhood business 7:30 Atlantic Plaza II developers presentation and question /answers forum Please pass the word to all neighbors. See you Wednesday night, Shari Lindgren Truxell, Rebecca From: Truxell, Rebecca <truxell @mydelraybeach.com> Sent: Monday, September 23, 2013 1:49 PM To: Pape, Scott Subject: FW: Atlantic Crossing Please see below email. Rebecca Truxell Admfnistrative Assistant/Secretary to the SPRAB Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 561,243.7040 Fax: 561.243.7221 fruxell@m delraybeach.com From: Terra Spero [ma !Ito:terra(cbrealtimemg.comj Sent: Monday, September 23, 2413 12:52 PM To: Truxell, Rebecca Subject: FW: Atlantic Crossing Can you please file this as contact with Atlantic Crossing. I had run into the PR person and she invited me to the studio to learn more about the project. Thanks, Terra From: Andrea Knibbs <aknibbs @smith- knibbs.com> Date: Tuesday, September 10, 2013 6:05 PM To: Terra Spero <terra @realtimemg.com> Subject: Re: Atlantic Crossing Looking forward to it. My cell is 561716 -6491 if there's any problem that morning. Andrea Knibbs Aknibbs @Smith- Knibbs.com 561716 -6491 954 428 -4477 Office On Sep 10, 2013, at 5:38 PM, "Terra Spero" <terra @realtimemg,com> wrote: Yes, see you then. From: Andrea Knibbs <aknibbs @smith- knlbbs.com> Date: Tuesday, September 10, 2013 5:36 PM To: Terra Spero <terra @realtimemg.com> Subject: RE: Atlantic Crossing Hi, Terra, Are we good for Thursday? Don and Bill have it on their calendars. The info center is at Atlantic Plaza, next to Chico's, Thanks, Andrea From: Terra Spero [mailto:terra(d)realtimemg.cam] Sent: Friday, September 06, 2013 4:04 PM To: Andrea Knibbs Subject. Re: Atlantic Crossing Andrea, Thanks far thefollow -up. I am going to try to come over next Thursday morning at gam — but will confirm on Tuesday. I appreciate your time to give me an overview of the project. Thanks, Terra From: Andrea Knibbs <al<nibbs smith- knibbs.com> Date: Friday, September 6, 2013 3:34 PM To: Terra Spero <terra @realtimemg.com> Cc: 'Don Devere' <dwd @daycompanies.net >,'William Morris' <bill @southcp:com> Subject: Atlantic Crossing Hi, Terra Glad to know of your interest in seeing the plans. Do you have time next Thursday morning? Don Devere of The Edwards Companies will be here, and he and Bill Morris would appreciate the opportunity to get with you. Please let us know what works for your schedule. (The info Center is next to Chico's.) Meanwhile enjoy the weekend — Andrea <image001.jpg> www .smith- knibbs.com /Connect with me on Unkedln This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank You. Truxell, Rebecca From: Tim Pallesen <tcpallesen @aol.com> Sent: Monday, June 03, 2013 10:36 AM To: Pape, Scott Subject: RE: Atlantic Crossing Here's the link: http:l /thecoastalstar.nin .com/profi les/blo /show?id=23 31112 %3AB log Post %3A102315 I hope to get your response on whether the redesign addresses your concerns. Thanks. - - - -- Original Message---- - From: Pape, Scott <Pape delrgybeach.com> To: 'Tim Pallesen' <tcyallesen2aol.com> Cc: Pape, Scott <Pape(a m delraybeach.coin> Sent: Mon, Jun 3, 2013 9:47 am Subject: RE: Atlantic Crossing Tim- A site plan application associated with the most recent conditional use approval has not been submitted. I don't believe I've read your story, please forward. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pale a,m delraybeach.com From: Tim Pallesen [mailto:tcpallesen aol.comj Sent: Monday, June 03, 2013 9:28 AM To: Pape, Scott Subject: Atlantic Crossing Scott, Could you tell me when the Atlantic Crossing site plan will become public after it is filed with you this month? Thank you. 1 can send you the story we did in this month's edition if you haven't seen it, Tim Pallesen The Coastal Star (561) 254 -1572 Delray Beach: Local architect helps move Atlantic Crossing toward acceptance - The Coa... Page 1 of 2 Search The Coastal Star) Search • Sien [.Jn • ,S inn i �� T'CoastalStar • Main • h�T� l'aae • Chat • C lassitieds • Discussion • Events • Groups • memb (,rs • _News Photos • Lei €loos • All lik�g: f ?c�4is • Niv �-310� • Add Delray Beach: Local architect helps move Atlantic Crossing toward acceptance • Posted by Mare Kate Lemimtt on May 29, 2013 at 1:07pm • View 1310 By Tim Pallesen The developer of Atlantic Crossing has hired veteran local architect Bob Currie to redesign the controversial project to win City Commission approval. Commissioners approved 356 rental apartments on the East Atlantic Avenue property after heated debate last year. The developer returns before the city this month to get approval for the project site plan and design. "The difficult challenge with a project this scale is to find an approach that doesn't feel like a project this scale," said Don DeVere, project e has earned local respect with his architectural designs for old School Square, Sundy House, the Marriott Hotel, City Hall and other Delray Beach projects. "Bob is a great resource because he's got a long - standing history of being involved in the resurgence of Delray Beach," DeVere said. "Ile is passionate and protective, and lie understands the local aesthetics." DeVere declined to release renderings of the redesign that city officials will see when Atlantic Crossing files its site plan this month for htt-o://thecoastalstar,ning.com/profiles/blog/show?ld-23 31112%3ABlogPost%3AI 02315 11/20/2013 Delray Beach: Local architect helps move Atlantic Crossing toward acceptance - The Coa... Page 2 of 2 approval. But he said Currie's firm and three others have broken down the massive appearance of Atlantic Crossing by giving each building within the project its own unique architectural design. A building with a modem design, for example, could be built next to one with a Mediterranean style. "Bob is able to weave these designs together and bring out each style," DeVere said. Currie said the project now looks "like it has been created over time by different hands." Architects also have tried to soften the massive appearance by designing facades with openings, balconies and upper -floor setbacks. The street - level redesign encourages more pedestrian movement with covered walls areas, benches and fountains. Currie is vice chairman of the Beach Property Owners Association, which decided not to join a lawsuit filed by some neighbors protesting the density and height that commissioners approved for Atlantic Crossing last year. Bill Morris, a local consultant for the Ohio -based developer, says Currie's hiring is a response to those neighborhood concerns. "There have been many changes to be compatible with the surrounding neighborhood ---- changes that people wanted to see," said Morris, who lives in coastal Delray Beach. "Bob doesn't mind speaking his mind. He can be very critical about things he doesn't like." The BPOA asked the developer to improve the appearance of the southeast corner of the project that coastal residents see as they drive west across the Atlantic Avenue Bridge. Currie says architects responded to that concern and all others raised by commissioners and neighbors. "`trust me — they are listening to the community," Currie said. "I'm surprised by how much time and effort they are putting in. "We critique their work as professors would do, They hired us because they know we are a part of this town and care about it, "This is probably the most important project that Delray Beach will see," Currie said. "We're creating an architecture that fits in our town and enhances the progress that Delray has already made." Views: 1 b 1 Tags: architect, atlantic crossztw�, bob crn -ie Like I member likes this Share Twitter g �t ......................... Uke 0 <Preyious ]lost • Next Post ? Comment You need to be a member of The Coastal Star to add comments! loin The. Coastal Star Welcome to The Coastal Star sif�n Up or Si-n 0 2013 Created by Mary Kate Lcrnin,7, Powered byl NENG ', GtAM 50CIA Badges I Rc} ort an lss to Terms of: crvice i_un in to chat! http: / /thecoastalstar.ning. com /profiles/blog /show ?id =23 31112 %3 ABlogPost %3 A 102315 11/20/2013 Truxell, Rebecca From: Kenneth MacNamee <kjmacnamee @yahoo.com> Sent: Wednesday, December 05, 2012 5:34 AM To: Pape, Scott Cc: victor Kirson; Shelly Petrolia; STEPHEN BLUM; Cary Glickstein; Dorling, Paul Subject: Re: Public Records request -- Atlantic Plaza 11 Mr. Pape: Thank you very much for your prompt reply. Your apology is accepted. It takes a stand up person to admit he has made a mistake. You have earned my respect in a City Administration where unfortunately several others have failed to do so. Only 22 handicapped parking spaces sounds "light" to me but I trust the City has verified that complies with its parking requirements. As far as the number of compact spaces are concerned, the revised plan should indicate the width of the parking spaces. If they are 9 feet, they are standard spaces. If they are 7.5 feet width, that would constitute compact spaces. Assuming they are all 9 ft. spaces, that would be great. In my opinion, there should be no more than 150 compact spaces. Now with 1,152 total parking spaces and the du count reduced last night to 40 per acre ( a reduction from 372 down to 346), there is adequate parking for the project for what I consider 'industry norm' standards which are significantly higher than Delray's existing parking code for the site. So, assuming the City holds the developer to the 1,152 planned parking spaces, my concerns about the project's parking adequacy have been satisfied, this coming from a citizen who has researched and manually calculated the potential need. ............... .................. .__ ............... .. .. From: "Pape, Scott" <Pape @mydelraybeach.com> To: 'Kenneth MacNamee' <kjmacnamee @yahoo.com> Cc: Victor Kirson <victorkirsondds @aol.com >; shelly petrolia <shellypetrolia @aol.com >; STEPHEN BLUM <s blum @msn.com >; Cary Glickste €n <CGlickstein @ironwood properties. com >; "Dorling, Paul" <DoriingP @mydelraybeach.com >; "Pape, Scott" <Pape @mydelraybeach.com> Sent: Tuesday, December 4, 2012 3:31 PM Subject: RE: Public Records request -- Atlantic Plaza II Mr. MacNamee- You are correct in what transpired yesterday and I did and do apologize for the confusion, The revised plan that identified the provision of 1,162 parking spaces was submitted on October 11, 2012. This plan was submitted in preparation for the Planning and Zoning Board meeting on October 15 "'. The plan indicates that '1,130 parking spaces, 22 handicap parkin; spaces, and 10 parallel parking spaces along NE 7`l' Avenue will be provided. The plan does not identify the breakdown of the 1,130 harking spaces in terms of'standard or compact. Scott D. Pape, A1CP, FC;P Senior Planner Planning and Zoning Department 100 N. W. 1st Avenue City of Delray 13ea.ch, FL 33444 Tel. (561) 243 -7321 Fax (561 ) 243 -7221 e-mail address: pMe�a7mydelraybeach.com From: Kenneth MacNamee [mailto:kjmacnamee @yahoo.com] Sent: Tuesday, December 04, 2012 10:37 AM To: Pape, Scott Cc: Victor Kirson; shelly petrolia; STEPHEN BLUM, Cary Glickstein Subject: Fw: Public Records request -- Atlantic Plaza II Mr. Pape: Below is the 1115 email sent to me which stated that AP II has proposed 1,103 parking spaces. Your 11 /30 memo to the Commissioners indicated AP II had 1,162 spaces. I phoned you on 12/3 to bring forth this discrepancy. You asked to look into it and phoned me a half hour later confirming that "1,103 is the correct total. I don't know where I came up with 1,162 ". Based on that conversation, I alerted potential Commission candidates that there were only 1,103 total parking spaces -- not 1,162 as set forth in your Commission agenda memorandum. Then yesterday afternoon, I came home to a voicemail from you on which you state there are 1,162 total parking spaces! On what date did the plan change from 1,103 to 1,162? Please memorialize how many total parking spaces there are and now I request a breakdown of (I)- handicapped, (2)- compact and (3)- regular parking spaces that make up the 1,162( ?) totla parking spaces My primary concern from the outset about the proposed AP 1I plan has been "parking ". I made a successful living in the multi - family real estate business. I know first hand how critical adequate parking is to the long- term viability and success of a real estate development. Properly planned, parking can alleviate a lot of traffic problems and neighborhood complaints. If 1,162 is the correct total and there are not too many compact spaces, I believe the revised plan before the Commission with 372 dus has adequate parking. I await your confirmation reply and please include all recipients of this email. Thanks! - - - -- Forwarded Message - - - -- From: "Nubin, Chevelle" <Nubinamydelraybeach.com> To: 'Kenneth MacNarnee'<kjmacnafnee@yahoo.com Cc: "Gaskins, Lanelda" <- as(a7mydelraybeach.com> Sent: Monday, November 5, 2012 12:05 PM Subject: FW: Public Records request -- Atlantic Plaza lI Mr. MacNamee, Please seethe below response from Planning and Zoning regarding Atlantic Plaza II. If you. have any additional. questions, please feel free to contact Mr. Pape directly at 561- 243 -7321. Clevelle D. Nubzn, M.MC City Clerk. City of Delray Beach FACC Southeast District Director 100 N.W, 1st Avenue Delray .Beach, Florida 33444 561-243-7051 From: Nubin, Chevelle Suit: Monday, November 05, 2012 12:00 PM To: Pape, Scott Cc: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda Subject: RE: Public Records request -- Atlantic Plaza II `!`hanks, Scott for such a prompt response. 1 emailed the letter from Mr. Edwards to Mr. MccNamee already. Chevelle D. Nubin, MMC, City Clerk City of Delray Beach l ACC Southeast District Director 1.00 N.W. 1st Avenue Delray Beach, Florida 33444 561- 243 -7051 From: Pape, Scott Sent; Monday, November 05, 2012 11:41 AM To: Nubin, Chevelle Cc: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda; Pape, Scott Subject: RE: Public Records request -- Atlantic Plaza 11 Chevelle- This public records requcst was a little different in that the applicant was primarily seeking general information rather than a dOCLlment search /collection task. The following is a. paint -by -point response to Mr, McNamce's request: I . It appears that Mr. McNamee is requesting a copy of correspondence from Mr. Edwards to t13e City Commission, 1. was not copied on this correspond.enee and am not: aware of it. 2. M.:r..MeNamee requested a comparison of the two .Atlantic plaza 11. plans. One was for a 1,065 space project and one was for a 1,103 space project. This is a bit of a misnomer since there is no difference between the project as originally submitted and the revised project in terms of parking. The required parking (1,092 parking spaces) remained the same despite the elimination of the fifth Boor. The 1,065 spaces mentioned in Mr. McNamee's e -mail 1 believe was an errant number that was taken from the wrong column of the City's shared parking table for this project. 'The following is the correct breakdown of required parking by use: - Residential = 622.6 spaces - Office = 263.57 spaces - Retail = 121.3821 - Restaurant = 84.61.2 'T'otal 1.092 required parking spaces Again, there is nothing to compare since the parking is the same for both renditions of the development proposal. The difference between the required parking (1,092 spaces) and the spaces proposed (1,103 spaces) is likely a result of the layout of the parking facilities, Nvhich allows fora surplus. 3. The following is the requested information on the Franklin at Delray project: - Number of dwelling units -- 180 - Project density == 22 units per acre - Total building square footage of the project = This information is not collected as part of the site plan process and is unavailable, - Amount of wood construction = Zero. This project utilizes concrete construction. - Number of parking spaces = 372. If Mr. McNamee would like to contact me directly that woL]ld he fine. Most of the information is pretty routine, which numerous people have contacted nle about. Scott D. Pape, A.:1:CP, FCP Senior Planner Planning and honing Department 100 N. W. t st Avenue City of Delray Beach, Ft_ 33444 Tel. (561) 243-7321 Fax (Sbl) 243 -7221 e -mail address: a e mydelraybeach..com From: Nubin, Chevelle Sent: Monday, November 05, 2012 9:42 AM To: Pape, Scott Cc: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda Subject: FW: Public Records request -- Atlantic Plaza II Hi all, We have received a Public Records Request iee below) Atlantic Plaza II. In regards to the requested information, please provide me with an estimated cost associated with research time, extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the City on or before Wednesday, November 7, 2012 or sooner. ***Please provide me with the requested information electronically on or before Friday, November 9, 2012 or sooner, if possible. If you cannot provide electronic copies, the hardeopies is fine, just make sure you include the total cost. Should you have any questions, please feel free to call me at ext. 7051 Chevelle D. Nubin, NIMC City Clerk City of Delray Beach FAC(' Southeast District Director 100 N.W. I st .A.venue Delray Beach, Florida 33444 561 -243 -7051 From. Kenneth MacNamee [mailto1imacnamee ahoo.com] Sent: Monday, November 05, 2012 9:21 AM To: Nubin, Chevelle Subject: Public Records request -- Atlantic Plaza II Ms. Nubin: There is conflicting and incomplete information being disseminated about the above. I need the following facts to have an informed opinion: 1)- Per the 1115 SS, Jeffrey Edwards wrote the Commission about the parking space per du and wood construction matters. Unfortunately, the article doesn't divulge HOW MANY spaces per du are in the revised plan and what PORTION of some of the buildings would be wood construction. So, please forward me Mr. Edwards submission to the Commissioners. 2)- Re parking spaces in the entire development, the Coastal Star reported that the approved plan totaled 1,065 spaces and the revised plan proposes 1,103. Please provide the following parking space allocation per component for each plan: A)- Residential B)- Office C)- Retail D)- Restaurants If there is any unallocated or credit /reduction for overlapping, please explain and make sure the totals are 1,065 & 1,103 3)- Please provide the comparative data of the revised 442 Atlantic Plaza du plan with the new apartment construction on S. Federal Hwy. ,just north of the McDonalds: A)- # of Apts. B)- Density (dus per acre) C)- total du s.f. ( the Coastal Star reports Atl.Pl. 11 @ 405,249 s.f.) D)- amount of s.f with wood construction E)- # of parking spaces If it would be easier for the City to have me come in and meet with an informed Codes official to review the plans, I would be willing to do so. Truxell, Rebecca From: Kenneth MacNamee <kjmacnamee @yahoo.com> Sent: Tuesday, December 04, 2012 10:37 AM To: Pape, Scott Cc: victor Kirson; Shelly Petrolia; STEPHEN BLUM; Cary Glickstein Subject: Fw: Public Records request -- Atlantic Plaza 11 Mr. Pape: Below is the 1115 email sent to me which stated that AP II has proposed 1,103 parking spaces. Your 11130 memo to the Commissioners indicated AP I I had 1,162 spaces. I phoned you on 1213 to bring forth this discrepancy. You asked to look into it and phoned me a half hour later confirming that "1,103 is the correct total. I don't know where I came up with 1,162 ". Based on that conversation, I alerted potential Commission candidates that there were only 1,103 total parking spaces -- not 1,162 as set forth in your Commission agenda memorandum. Then yesterday afternoon, I came home to a voicemail from you on which you state there are 1,162 total parking spaces! On what date did the plan change from 1,103 to 1,162? Please memorialize how many total parking spaces there are and now I request a breakdown of (1)- handicapped, (2)- compact and (3)- regular parking spaces that make up the 1,162( ?) totla parking spaces My primary concern from the outset about the proposed AP II plan has been "parking ". I made a successful living in the multi- family real estate business. I know first hand how critical adequate parking is to the long -term viability and success of a real estate development, Properly planned, parking can alleviate a lot of traffic problems and neighborhood complaints. If 1,162 is the correct total and there are not too many compact spaces, I believe the revised plan before the Commission with 372 dus has adequate parking. I await your confirmation reply and please include all recipients of this email. Thanks! - - - -- Forwarded Message - - - -- From: "Nubin, Chevelle" <Nubin @mydelraybeach.com> To: 'Kenneth MacNamee' <kjmacnamee @yahoo.com> Cc: "Gaskins, Lanelda" <gaskins @mydelraybeach.com> Sent: Monday, November 5, 2012 12:05 PM Subject: FW: Public Records request -- Atlantic Plaza II Mr, MacNamee, Please see the below response Front Planning and Zoning regarding Atlantic Plaza 11. If you have any additional questions, please fecal. Free to contact Mr. Pape directly at 561.- 243 -7 121. Chevelle D. Nubin, MMC City Clerk City of Delray Beach FACC Southeast District Director 1.00 N. W. 1 st Avenue Delray Beach, Florida 33444 561 - 243 -7051 From: Nubin, Chevelle Sent: Monday, November 05, 2012 12:00 PM To: Pape, Scott Cc: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda Subject: RE: Public Records request -- Atlantic Plaza lI Thanks, 'Scott for such a prompt response. 1 emailed the letter from Mr. Edwards to Mr. MacNanree already. Chevelle D. Nubin, MM(,' City Clerk City of Delray Beach PACC Southeast District Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 561- 243 -7051. From: Pape, Scott Sent: Monday, November 05, 2012 11:41 AM To: Nubin, Chevelle Cc: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda; Pape, Scott Subject: RE: Public Records request -- Atlantic Plaza lI Chevelle- [`his public records request was a little different in that the applicaut was primarily seeking general information rather than a docurtaent aearchlcollectiori task. The following is a point -by -point response to Mr. McNarnee's request: 1. It appears that Mr. McNamee is requesting a copy of correspondence from Mr. Edwards to the City Commission, I was not copied on this correspondence and am not aware of it. 2. Mr. McNamee requested a connpa:rison of the two Atlantic Plaza. II plans. One was for a 1,065 space project and one was for a 1,103 space project. This is a bit of a misnomer since there is no difference between the project as originally submitted and the revised project in terms of parking. The required parking (1,092 parking spaces) remained the same despite the elimination of the fifth floor. The 1,065 spaces mentioned in Mr. McNamee's e -mail 1 believe was an errant number that was taken from the wxong colurnu of the City's share([ parking table for this project. The following is the correct breakdown of required parking by use: - Residential = 622.6 spaces Office = 263.57 spaces - Retail = 121.3821 Restaurant = 84.612 Total 1,()92 required parking spaces Again, there is nothing to compare since the parking is the same for both renditions of the development proposal, The difference between the required parking (1,092 spaces) and the spaces proposed (1,103 ;paces) is likely a result of the la.you.t of the parking facilities, which allows for a surplus. The following is the requested information on the Franklin at Delray project: - Number of dtivelling, (snits = 180 - Project density = 22 units per acre - Total building square footage of the project = This information is not collected as part of the site plan process and is unavailable. Ainount of wood construction = Zero. This project utlWes concrete construction. Number of parking spaces = 372. IF Mr. McNamee would like to contact njo directly that would be fine. Most of the infort ation is pretty routine, which numerous people have contacted me about. Scott 1), Pape, AICP, FCP Senior I) [an ner Planning and Zoning Department 100 N.W. Ist Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 c -snail address: uane(-)o,mvdelravbeach.com From: Nubin, Chevelle Sent: Monday, November 05, 2012 9:42 AM To: Pape, Scott Cc- Dorling, Paul; McDonnell, Mark; Truxell, Rebecca; Gaskins, Lanelda Subject: FW: Public Records request -- Atlantic Plaza II Hi all, We have received a Public Records Request Lsee_belowl Atlantic Plaza 11. In regards to the requested information, please provide me with an estimated cost associated with research time, extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the City on or before Wednesday, November 7, 2012 or sooner. ***Please provide me with the requested information electronically on or before Friday, November 9, 2012 or sooner, if possible. If you cannot provide electronic copies, the hardcopies is fine, just make sure you include the total cost. Should you have any questions, please feel free to call me at ext. 7051 Chevelle D. Nubiia, M.MC City Clerk City of Delray Beach. FACC Southeast District Director 100 N.W. I A Avenue Delray Beach, Florida 33444 5611 -243 -7051 From. Kenneth MacNamee [mall.to:k'mac.uamee ahoo.com Sent: Monday, November 05, 2012 9:21 AM To: Nubin, Chevelle Subject: Public Records request -- Atlantic Plaza II Ms. Nubin: There is conflicting and incomplete information being disseminated about the above. I need the following facts to have an informed opinion: I)- Per the 1115 SS, Jeffrey Edwards wrote the Commission about the parking space per du and wood construction matters. Unfortunately, the article doesn't divulge HOW MANY spaces per du are in the revised plan and what PORTION of some of the buildings would be wood construction. So, please forward me Mr. Edwards submission to the Commissioners. 2)- Re parking spaces in the entire development, the Coastal Star reported that the approved plan totaled 1,065 spaces and the revised plan proposes 1,103. Please provide the following parking space allocation per component for each plan: A)- Residential B)- Office C)- Retail D)- Restaurants If there is any unallocated or credit /reduction for overlapping, please explain and make sure the totals are 1,065 & 1,103 3)- Please provide the comparative data of the revised 442 Atlantic Plaza du plan with the new apartment construction on S. Federal Hwy. ,just north of the McDonalds: A)- # of Apts. B)- Density (dus per acre) C)- total du s.f. ( the Coastal Star reports Atl.Pl.11 @ 405,249 s.f.) D)- amount of s.f with wood construction E)- # of parking spaces If it would be easier for the City to have me come in and meet with an informed Codes official to review the plans, I would be willing to do so. Truxell, Rebecca From: jlindgren7 @comcast.net Sent: Monday, December 03, 2012 5:32 PM To: Pape, Scott Subject: Re: Palm Trail HOA petition about blocking off NE 7th Ave at NE 1st St Attachments: image001.png; image002.png Hello Mr. Pape, Several weeks ago our homeowners' association board sent an email to our association members asking for feedback on the proposed street closure at NE 7th Ave and NE 1st St. We received an overwhelming response in favor of it. Only 3 people replied they would like to see the street remain open out of the 72 email recipients. Less than a week ago we created a petition for our residents to sign supporting the street closure at the north side of the proposed traffic circle at NE 7th Ave and NE I st St. We feel we need this barrier from the Atlantic Crossings development, should it get approved. Our neighborhood will bear the brunt of the overflow of parking and traffic flow to and from this massive development. I sent this petition to the 72 emails on our Palm Trail group email system and so far I have received 64 signatures and counting. Please click on the link below to view the signatures and see the petition in it's entirety. Please do not hesitate to contact me with any questions. hif�w����_ og�ctiion .cnntlpetitionsli�af�c�. arkin� r�tection -fcr� alm- trail- nei�lZl��7 :�bc�ol5�aa��s�es.htrni Thank you, Shari Lindgren Vice President Palm Trail HQA From: "Scott Pape" <Pape @mydelraybeach.com> To: "Tracie Lutchmansingh" < lutchmansingh @mydeiraybeach.com >, "jlindgren7 @comcast.net" <jlindgren7 @comcast.net> Cc: Cor526 @aol.com, "Ann Swank" <annswank425 @yahoo.com >, "jay blackburn" <jay_blackburn @yahoo.com >, "Paul Dorling" <DorlingP @mydelraybeach.com >, "Mark McDonnell" <mcdonnell @mydelraybeach.com >, "Scott Pape" <Pape @mydelraybeach.com >, "Mike Covelli (mike @covellidesign.com)" <mike @covellidesign.com> Sent: Tuesday, October 30, 2012 1:42:24 PM Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Ms. Lindgren- It is my understanding that the closure of NE 7t" Avenue at NE I5t Street will be considered as part of the site plan process. It is noted that the site plan application has not been submitted at this time. I think it would be important for you to draft a letter (on HOA letterhead if available) or an e -mail on your position on this issue and any others you may have. I will make this part of the official record that will be considered by the Site Plan Review Board when the site plan is considered. I can also have this included in the City Commission consideration of the conditional uses. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape(cmydelraybeach.com From: Lutchmansingh, Tracie Sent: Tuesday, October 30, 2012 12:21 PM To: 'jlindgren7 @comcast.net` Cc: Cor526 @aol.com; Ann Swank; jay_blackburn @yahoo.com; Pape, Scott Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Shari: My apologies for not responding sooner, I was not in on Monday. Planning and Zoning (P &Z) would be able to provide better direction on how to proceed. I've given Senior Planner, Scott Nape the heads up that you will be contacting him, Mr. Pape is the planner for the Atlantic Plaza project. His email in included and his phone number is 561 -243 -7321. Kind Regards, Tracie M. Lutchmansingh, P.E. Assistant City Engineer City of Delray Beach Environmental Services Department 434 South Swinton Ave., Delray Beach, FL 33444 Phone: 561.243.7322 •• Fax:561.243.7060 -• Finail:lutchmansin h c mydelraybeach.com From. 'lind ren7 comcast. net [mailto :jlindgren7@comcast.net] Sent: Sunday, October 28, 2012 6;35 PM To: Lutchmansingh, Tracie Cc: Cor526 @aol.com; Ann Swank; jay blackburn(&yahoo.com Subject: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Tracie, Thank you so much for coming to our meeting with the developer of Atlantic Plaza II last week. I wanted to follow up and find out what our next step is to finding out if we can protect our neighborhood from traffic and parking problems coming from the new project Atlantic Plaza II. Can you let us know how to proceed to make this happen now that we have the developer's commitment to pay for this? Thanks, Shari Lindgren Palm Trail Assoc vice president From: "Jay Blackburn" <may blackburn(.yahoo.com> To: ilindgren7@comcast.net Sent: Wednesday, October 24, 2012 12:21:05 PM Subject: FW: reminder Palm Trail HOA meeting Wednesday night I sent this to you yesterday and it just got kicked back. I told Tracie the meeting ends at 9:00. Feel free to send her an email and give her more info. Thanks. From: Jay Blackburn [mailto:jay blackburn@yahoo.com] Sent: Tuesday, October 23, 2012 12,00 PM To: 'Lutchmansingh, Tracie' Cc: 'jlindgren7 @comcast.net' Subject: RE: reminder Palm Trail HOA meeting Wednesday night Tracie- Thank you for your quick reply. I copied Shari Lindgren on this email. She is Vice President of the Palm Trail Home Owner's association. She would be better suited to comment on presentation /discussion time frames. We really appreciate you or Randal attending. Thanks, Jay From: Lutchmansingh, Tracie [ rnai Ito: Iutchmansingh(a)mydelraybeach .com] Sent: Tuesday, October 23, 2012 11:53 AM To: 'Jay Blackburn' Subject: RE: reminder Palm Trail HOA meeting Wednesday night Hi Jay I will be attending meeting if Randal is unable to. Is there an estimate on time presentation / discussions will run? Thanks. Kind Regards, Tracie M. Lutchmansingh, P.E. Assistant City Engineer City of.Delray Beach Envirom-nental Services Department 434 South. Swinton Ave„ Delray Beach, Ft, 33444 Phone:561.243.7322 •• Fax:561.243.7060 •• E?mail: Lutchmansingh (a,,naydela•aybgach.coin From: Jay Blackburn [mailto jay blackburn @yahoo.com] Sent: Tuesday, October 23, 2012 11:48 AM To: Krejcarek, Randal Cc: Lutchmansingh, Tracie; McDonnell, Mark; ilindoren7@comcast.net Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thank yoga. From: Krejcarek, Randal [mailto:Krejcarek m delra beach.com] Sent: Tuesday, October 23, 2012 11:41 AM To: 'Jay Blackburn` Cc: Lutchmansingh, Tracie; McDonnell, Mark Subject: RE: reminder Palm Trail HOA meeting Wednesday night Jay, I have a last minute commitment at 7 but will try to get there after if commitment does not last too long. Randal L. Krejcarek, P.E. LEEK AP, GISP City Engineer Delray Beach, 1=L Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(d,)MyDelrayBeach.com From: Jay Blackburn [mailto:jay blackburn @yahoo.com] Sent: Tuesday, October 23, 2012 11:24 AM To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie; Krejcarek, Randal Cc: Nubin, Chevelle Subject: FW: reminder Palm Trail HOA meeting Wednesday night 11R M I know you probably have been busy with all the debate /rally activity, so I thought it would be a good idea to send a reminder about the Palm Trail Association meeting tomorrow (Wednesday). As I mentioned before, it would be helpful if someone from the city is there to hear what the developers of the Atlantic Plaza 11 project are telling the local residents. The developer presentation portion of the meeting starts at 7:30. Thank you, Jay Blackburn 701 NE 2 "d Street From: Jack Maloney [mailto:iackm @firstlantic.com] Sent: Tuesday, October 23, 2012 10:47 AM To: jjindgren7(aacomcast.net; reed. websterCa?comcast.net; beng20020aol.com; bforman@formancap.com; drbob232Cdgmail.com; rosa @rentalsbychristoph.com; sioraensenCawackenhut.g4s.com; lubawking @aol.com; bsperrys@comcast.net; mariekavc@yahoo.com; debg192Cbaol.com; j_ennforman(ame.com; PRFARNUMCa?AOL.COM; malone mscogroup.net; LPfarnum(&aol.com; ruth- hayhoeCc?sympatico.ca; sam @sambierstock.com; wih @mindspring.com; ibis22@bellsouth.net; lifeforce5g @msn.com; bqucciardo @scarlettgucciardo.com; Kevin@jstourina com; to lorstx ahoo.com; ienshumway @aol, com; walterlinde@me.com; adriaenssensgcdgaol.com; 'acckneff ahoo.com; zramz60CE�belisouth.net; qelod3@yahoo.com.; IvruffinoCc gmail.com; Iweakley@msn.com; jeffrose@wacofilters.com; Tropicalawning @bellsouth.net; artisticcolors@bellsouth.net; Tom @macmilla nstanle .com; carol@macmillanstanley.com; cornett.sarah @gmail,com; claudiahehne_r_ @gmall.com; stevemiskew(a)rjsrealty.com; 5 swankabellsouth.net; glowabe @aol.com; michquia @yahoo.com; adrianakov&gmail.com; gdurkin333Cslyahoo.com; rex @rexb laze r.com; RRIDGLEYS@aol.com; ioann pea rt @comcast.net; jay blackburn@yahoo.com; trishjacobson @mac.com; msinger@sover.net; annamonab@bellsouth.net; madonnai @aol.com; cowshorses aol.com; abinder@petairways.com; sheri@hazeltinelaw.com; mbglamd@bellsouth.net; Cor526 @aol.com; mvt2101@gmail.com; ecmv2 @earthlink.net; sandbec msn.com; pf321 @netzero.com; marytwCa�earthlink.net; OnestaraayzerCc�aol.com; Aipersico msn.com; c ersico aol.com; Victoria L @bellsouth.nk beached boat @msn.com; janetll@earthlink.net; john.lindgren(&apriso.com; tromano@, stc� a.net; ajb819 @bellsouth.net; simpdrb @bellsouth.net; Feldman4 @bellsouth.net; tmshumway @aol.com; drmoroco @morocoorthodontics.com; eileeneepstein @yahoo com; happyforever@.ma.c.co Valerie.Grant @gmail.com; is@silbersteinarchitect.com; frankvarga @bellsouth.net; costello @mydelraybeach.com; RobertCabfrankfloor.com; Jen bell is(&bellsouth.net; gigimankoff@gmail.com; christoph(arentalsbychristoph .cam; ehj1120030yahoo.com; svfoffice bellsouth.net; ebm4321 ahoo.com; annswank425*yahoo.com; Izaynesroad@gmail.com; iudy@iudycraig.com; ieanne varley@hotmail.com; 'calhoun561 mail.com; bimaarfinkeloaaol.com; SAUNDERS @mydelraybeach.com; bettyackCa?me.com; cg@constancehobbs.com; Borg Boca aol,com Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thnx Shari — We will be there for this important issue .... Jack Jack Maloney, President FirstLantic Healthcare, Inc. 2605 W. Atlantic Ave., Bldg A, #202 Delray Beach, FL 33445 Telephone: (561) 900 -7333 Jackm @firstlantic.com www.firstiantic.corn w A �J Think of the environment. Please avoid printing this e - rail unnecessarily. This document may contain information covered under the Privacy Act, 5 USC 552(x), and /or the Health Insurance Portability and Accountability Act (PL 104 -191) and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly, if this correspondence contains healthcare information it is being provided to you after appropriate authorization from the patient or under circumstances that don't require patient authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Redisclosure without additional patient consent or as permitted by law is prohibited. Unauthorized redisclosure or failure to maintain confidentiality subjects you to application of appropriate sanction. If you have received this correspondence in error, please notify the sender at once and destroy any copies you From: ilindgren7 @comcast.net [mailto:ilindgren7 @comcast.net] Sent: Sunday, October 21, 2012 4:58 PM To: reed. webster @com cast. net; beng2002C&ao1.com; bforman(cbformancap.com; drbob232Ca gmail.com; rasa rentalsb christo h.com; sior ensen wackenhut. 4s.com; lubawkincl @aol.com; bs perrys @com cast. net; mariekavc@yahoo.cam; debgl92 @aol.com; jennforman@me.com; PRFARNUM @AOL,COM; malone msco rou .net; LPfarnumCcbaol.com; ruth- hayhoetc�sympatico.ca; sam @sambierstock.com; wjh@mindspring.com; ibis22 @bellsouth.net; lifeforce59 @msn. com; bgucciardoCa�scarEettgucciardo .com; KevinCc jstouring.com; Jack Maloney; taylorstx%. ahoo.com; 'enshumwa aol.com; walterlinde@me.com.; ac1rJaenssensqcd@ao1.com.; 'ackneff ahoo.com; zramz60Cd be] Isouth. net; elod3 yahoo.com; lvruffino(dgmail.com; lweakley(d)msn.com; jeffrose@wacofilters.com; Tropicalawning @bellsouth,net; artisticcolorsCa)bellsouth. net ; Tom@macmillanstanley.com; carol @macmillanstanley.com; cornett.sarahCa?gmail.com; claudiahehner -Ogmail.com; stevemiskew2risrealty.com; S swank@ bellsouth.net; q Iowa be aol.com; michquiq @yahoo.com; adrianakov @g_mail.com; dq urkin333C9 ahoo ;com; rex@rexblazer.com; RRIDGLLYS @aol.com; joannpeart(&comcast.net; jay Blackburn@yahoo.com; trishjacobson @mac.com; msinaer@sover.net; annamonabCa?bellsouth.net; madonnaiUaol.com; cowshorses@aol.com; abinder@petairways.com; sheri@hazeltinelaw.com; mbglad@bellsouth.net; Cor526 @aol.com; mvt2101 @gmail.com; ecmv2 earthlink.net; sandbec{a)msn.com; pf321(a)netzero.com; marytw(&earthlink.net; Onestargayzer @aol.com; Ajpersico(6msn.com; cpersicoCQ}aol.com; Victoria L@bellsouth. net; beachedboat@msn.com; janetll@earth link. net; john.lindgrenC&apriso.com; jlindgren70bcomcast.net; tromano@gsta.net; aib819@bellsouth.net; simpdrb @bellsouth.net; Feldman4C& bel[south.net; tmshumway @aol.com; drmoroco @morocoorthodontics.com; elleeneepstein @yahoo.com; happyforever @mac.com; kkubersk @bellsouth.net; Valerie.GrantCabgmail.com; jsCaasilbersteinarchitect.com; frankyarga(d�bellsouth.net; costello @mydelraybeach.com; Robertafrankfloor.com; 3enbellis@bellsouth.net; gigimankoff(a mail.com; christoph@rentalsbychristoph .com; ehj112003 @yahoo.com; svfoffice@bellsouth.net; ebm4321 @yahoo.com; annswank425 @yahoo.com; ha nesroad mail.com; judo @iudycraig.com; jeanne varley @hotmail.eom, icalhoun561 @gmai1.com; bimgarfinkel @aol.com; SAUNDERS@mydeiraybeach.com; bettyack@me.com; cq @constancehobbs.com; Borg BocaCa)aol.com Subject: reminder Palm Trail HOA meeting Wednesday night Hello neighbors, Just a reminder that our homeowners assoc meeting is this Wednesday at Kelleghan Hall at St. Vincent's. 6:30 palm trail neighborhood business 7:30 Atlantic Plaza II developers presentation and question /answers forum Please pass the word to all neighbors. See you Wednesday night, Shari Lindgren Traffic & Parking Protection for Palm Trail Neighborhood Petition Petition Tools Join Now I . Home I Bookmark I 'Cell Active petitions in over 75 countries Traffic. & i; Parking tti for Palm Trail Neighborhood Page 1 of 2 How to write News I Testimonials I Start a Petition Login P(,tition published by PalnC Trail Homeowners' Assoc. on Nov 27, 201.2 i t Closed on Exec 05, 2012 Recommend Send 2 people recommend this, Sign Up to see what your .... ...... friends recommend. Target: City Manager, City Engineer & City Cemn�iKsion Region: United States of America Web site: www,savedelraybeach.com Search Petition Closed Sponsor-, Tweet o Result: .R +l C Thanks to everyone who signed and supported this campaign for the road closure at NE 7th Ave and NE 1 St. The petition, along with our emails, speeches and meetings were able to accomplish this goal. Shari Lindgren Petition Background (Preamble): The current proposal for Atlantic Crossing (Atlantic Plaza 11), as presented privately to us and publicly to the City Commission, is not congruent with the profile of the city or with our neighborhood. Furthermore, this project will directly impact our neighborhood causing excessive traffic and congestion due to the density and magnitude approved, resulting in the disruption of our peace and tranquility. To protect our neighborhood from the excessive traffic and parking overflow from this development, we respectfully request the installation of a barrier to biock traffic on the north side of the proposed traffic circle at NE 7th Ave and NE 1st St., which the developer has agreed to fund. This landscaped barrier would not allow traffic flow into our neighborhood via NE 7th Ave, but it would allow pedestrian, bicycle, or golf cart passage. We are not opposed to developing this area bordered by the Intracoastal, Northeast 6th Avenue (east /west), and Atlantic Avenue and Northeast 1st Street (south /north). We are opposed to the size and density of this proposed project In relation to the size and location of this parcel. This project does not complement the existing style, density and proportion of the area and it needs to be revised. It is our position that this parcel is a critical commerce area, and we agree this area needs to be re- developed into a viable development for the benefit of the City and for all adjacent neighborhoods, adding to the value of the whole area without detracting from any one area. Petition: ........ . .. ... - -- _.. .,,,.,,- -- -..... -- .,,._ ..._._ . _ To protect our neighborhood from the excessive traffic and parking overflow from this development, we respectfully request the installation of a barrier to block traffic on the north side of the proposed traffic circle at NE 7th Ave and NE 1st St., which the developer has agreed to fund. http: / /www. gopetition. com /petitions /traffic -p arking- protection- for - palm- trail -ne ighborho... 11/20/2013 i Traffic & Parking Protection for Palm Trail Neighborhood Petition Page 2 of 2 This landscaped barrier would not allow traffic Plow into our neighborhood via NE 7th 1j Ave, but it would allow pedestrian, bicycle, or golf cart passage. j i I This petition is closed The Traffic & Parking Prater_tion for swim Trail Neighborhood petition to City Manager, City Engineer & City Commission was written by Shari Lindgicii and is in the category City 8, Town Planning at (5oPetition. Contact author here. Petition tags: palm trail traffic protection jell I Map s Si nc�atures Views Bookmark [ Banners Link T jar So_O.sar I : d i eS.ign rv/ Adobe 1z Ecli wl�wr,L cho5ign.Ado Sign Hera There or Anywhere! Fast, Free & 5ecui tiome i?etition News I !Llp FA Create apetition Terms of use [�isclaErner j Privacy 21paut t3s I Contact us site map GoPetitian UK l How to write a petition Start a etitic)n � Blog I youTube I i wiUcr I Faceboak GoPetitian © 2000-2013 http:ll www. gop etition.comlpetiti ons /traffic- parking - protection - for -palm- trail- neighborho... 11/20/2013 Traffic & Parking Protection for Palm Trail Neighborhood - Petition signatures - Page: 2 Page 1 of 2 Traffic a g Protection for Palm rail Neighborhood This petition was published by Pairn Trail homeowners' Assoc, on Nov 27, 2012 Closed on Dec- 05, 2012 Recommend 2 people recommend this. Sign Up to see what your friends recommend. Public Signature List 7 arch Figs by last mime !._Go Signatures 24 to 1. of 64 # Title Name Town /City S /C /P Region Comment i Date 24 MRs ....... ......... Sylvia Feldman _.... ._...... Delray Beach ; FL __._. --- .._....... _ USA . N/G Nov 29, 2012_ 23 N/G Steve Miskew Defray Beach N/G N/G View Nov 29 2012 22 N/G Jackson Langford delray beach FL USA N/G Nov 29 2012 1 _....__ 21 N/G Cory Cassidy _ ......... ......... . Defray Beach FL USA N/G Nov 29, 2012 20 € N/G Christopher Heffernan Delray Beach ; FL USA N/G Nov 28, 2012 19 N/G ann swank i Delray Beach s FL N/G N/G Nov 28, 2012 18 N/G Diane Michaud Delray Beach N/G N/G Vlew I Nov 28, 2012 17 Ms Margaret Giannoules Delray Beach N/G _ .. ....e_ ...... N/G View Nov 28, 2012 16 Ms Judy Craig Delray Beach fl USA N/G : Nov 28, 2012 15 N/G Wendy Blackburn Delray Beach FL USA View Nov 28 2012 14 Ms Benita Goldstein Delray Beach Florida USA View Nov 28 2012 q 13 N/G James Tyson ... ......... Delray Beach N/G ._. .... N/G ;View Nov 28, 2012 12 _ N/G Trish Jacobson ? Delray beach Fl __............ N/G { N/G ; Nov 28, 2012 11 N/G _ Mark HaJduch Delray beach E Florida d N/G N/G Nov 28, 2012 10 N/G William Gerha _. _ —. . .............. Delray Beach FL ... . _w ww ..., — USA w.w _. . , N/G _L.._. _, Nov 28 2012 9 N/G chnstoph schuch delray beach ' N/G N/G N/G Nov 28, 2012 i 8 N/G elizabeth meador delray beach N/G N/G N/G Nov 28 2012 7 N/G Jay Blackburn Delray Beach I N/G USA View Nov 28 2012 j 6 __. N/G Marie Gardella Del Delray Beach Florida J USA N/G Nov 28 2012 1 5 N/G m.__. Marla Tlczon _.._ Delray Beach a FL USA N/G '-.- Nov 28, 2012 14 ' N/G Richard Ackerman Delray Beach ' FL j USA N/G ; Nov 28, 2012 i 3 N/G Betty Ackerman Delray Beach FL USA N/G Nov 28, 2012 2 Mr John Lindgren Delray Beach Fl USA N/G Nov 28 2012 1 N/G w Sharl Lindgren w._. _..._.._ _ Delray Beach FL �_..__. ..w__.. �,.. I USA -._.`_ N/G _ m___ . Nov 27 2012 m._. --_- - L< rOYious 1 2 2 N/G - not given by the signer N/C - field not collected by the author S /C /P - State, County or Province View - mouseover to view comment Dates displayed in the signature list are based on CST (GMT -6) and CDT (GMT -5) Anonymous signatures signify people who have chosen not to display their names publicly, [?] A comment in red indicates that the signer has hidden their comment from public view. [?] Sian Petition I View Petition I Mara Tell I Banners I t3rsokmark I i!g Jar I S at nsar eSign w/ AdobcO EchoSign® w,A v.EchoSign.Adobe, coin Sitpt Here There or Anywhere! Fast, Free & Secure. No Downloads. Start a Petition I Login i i Follow GoPetition http: / /www. gopetition. competitions /traffic- parking - protection- for -palm- trail- neighborho... 11/20/2013 Traffic & Parking Protection for Palm Trail Neighborhood - Petition signatures - Page: 1 Page 1 of 2 Home Bookmark I Tell Active petitions in over 75 countries -- 7 77 Traffic & Parking Protection for Palm Trail Neighborhood This D on was pubiishcd by Palm 'Frail Homeowners' Assoc. on Nov 27, 2012 Closed on Dec 05, 2012 Recommend 2 people recommend this Sign Up to see what your friends recommend. Public Signature List KF ; Search .gigs by last narr�e � Go Signatures 64 to 25 of 64 # Title Name Town /City 5 /C /P i Region Comment; Date 56 N/G Shane Simpson ._ . Delray beach Florida ........ N/G .... _ ._ Dec 01, 2012 55, 64 j N/G Steve Swank Seach ' FK USA N/G Dec 02, 2012 63 Mr i Vincent Dole Delray Beach Florida N/G N/G Dec 02, 2012 162 i N/G ., 'Karen Kopin ... ....m,_,_ _...._.. Delray geach _.,__.mm.. _....,, . Florida °-- °...m......�_l USA ............... ..._....._ N/G -_._ i Dec 02, 2012 __. . ......__. 61 Mr. Vincent Dole Delray Beach j Florida ! N/G N/G ; Dec 01, 2012 60 `. Ms Genevieve Dale Delray Beach Florida N/G N/G Dec 01, 2012 59 N/G , Simpson Delray beach Florida USA N/G Dec 01 2012 _.W. _._. Mitchel 5 _... .... Mackenzie 58 N/G Delray beach Florida USA j N/G Dec 01, 2012 Simpson ............. _..__ __ ._... __ 57 N/G Mason Simpson _ Delray beach i Florida USA N/G Dec 01 2012 - _. 56 N/G Shane Simpson ._ . Delray beach Florida USA N/G .... _ ._ Dec 01, 2012 55, N/G . ........- Diane Simpson Delray beach E Florida USA N/G Dec 01, 2012 54 N/G Robert Simpson Delray beach I Florida USA N/G Dec 01, 2012 53 Mrs Diana Tyson Delray FL Beach N/G Vietn Dec 01, 2012 52 i N/G '= Victoria Llchtman --- _ _ Delray N/G Beach N/G V1ew Dec 01, 2012 51 € N/G Linda Caine Delray Beach FL USA N/G Dec 01, 2012 .,_...._., Anonymous .p.... _.. __ .- _..... ......... ..y _,,..._. .. ... USA _ 40 ; ms 50 N/G 'Gus Plamann Beach Florida USA N/G Dec 01, 2012 49 N/G ', Steve Plamann Delray Florida Beach USA N/G I Dec 01, 2012 48 N/G Elizabeth Meador _.,._..., .. . ❑elray beach Fl L.,_. . ,..., .. USA ' N/G _ ... ! Dec 01, 2012 47 Mr Eric Halllka Delray I FI Beach N/G View Nov 30, 2012 I 46 N/G Anonymous Delray FL USA _.... : Nov 30, 2012 _..._ _ .. _ Beach ------------ ___.. -T ; Nov 30, 2012 45 Mr Richard Taylor Delray Beach Florida USA 44 Ms Pamela Reid Delray Beach Florida USA 43 N/G Patti Buehler Beach FL N/G ......... ........ 42 Mr Jack Maloney 1 Delray Beach FI N/G 41 Mrs Anonymous 1 Delray Beach Florida USA _ 40 ; ms ':Jean Humanik Delray ......... FL r ...... N/G Beach N/G Nov 30, 2012 N/G Nov 30, 2012 V N/G Nov 30, 2012 N/G : Nov 30, 2012 N/G Nov 30 2012 N/G ; Nov 30, 2012 N/G Nov 30, 2012 V follow GoPetition .loin NOW _ :1 ���11 _... (ELI) PALM THE PkL11BEfiC1,E5,FLORIDA http: / /www. gopetition. competitions /traffic - parking- protection- for - palm - trail- neighborho... 11/20/2013 Traffic & Parking Protection for Palm Trail Neighborhood - Petition signatures - Page: 1 39 mr Peter Humanik Delray Beach FL _.. N/G N/G Nov 30, 2012 38 Ms. Teresa Romano : Delray Beach FL USA N/G Nov 30 2012 37 N/G � S u an Ridgley Delray Beach FL USA N/G Nov 30, 2012 136 N/G Robert Ridgley )Delray Beach FL USA N/G Nov 30, 2012 35 N/G heien kelsey defray beach fl USA ; N/G Nov 30, 2012 34 Dr Robert Calne ... Delray Beach Florida USA _ N/G Nov 30, 2012 33 ._.. N/G Eric Schifferll __.. ..... Delray Beach .._._ _ Y Florida N/G N G / Nov 30, 2012 32 _,._.._ Mr Bradford Gucclardo . Delray Beach _ FL USA N/G Nov 29, 2012 31 ........ N/G Cunningham Delray Beach .... ......... FL ......... USA N/G .. ........ Nov 29, 2012 l . f .; 30 Ms ]ill 5chlfferll Delray Beach FL USA N/G Nov 29 2012 .......................... 29 N/G _ ..... Karla Ramsey ..... .......................... ? Delray Beach ........ ......... FL ......... USA _- . N/G -._.. ; Nov 29, 2012 .. .....; 28....1 N/G Paul Ramsey Delray Beach A USA N/G Nov 29 2012 27 msU Anonymous defray beach fl USA N/G Nov 29 2012 26 J. N/G mike smith - °. delraY beach N/G ... N/G N/G Nov 29 2012 25 ._....._�. 1 mr Dougias Feldman �_.�.� -_, - -. _.. Delray Beach FLORIDA i USA __ . _- ._....._ ._. _ _ N/G Nov 29, 20t2 _... I< 1 2 Plant 2tj N/G - not given by the signer N/C - field not collected by the author S /C /P - State, County or Province View - mouseover to view comment [Dates displayed in the signature list are based on CST (GMT -6) and CDT (GMT -5) Anonymous signatures signify people who have chosen not to display their names publicly. [' ?] A comment in red indicates that the signer has hidden their comment from public view. [A Sign Petition I View Petition I M�Q a I Tell � Banners I Bookmark I Tip )ar I Sponsor eSign w/ Adobe© EchoSign tz w %"v. Fx h6igii,Adobe.com Sign Here There or Anywhere! Ott a Free eSignature Account Now. Page 2 of 2 Horne I Petition News j helix FA(:n j Create a petition Terms of use I Disclaimer j Privacy About us I Contac is to man GoPetition UK I Now to write aetition Stoma petition I Blog j YouTube j TwILLe I Facebook GoPetition O 2000 -2013 http:llwww.gopetition. com /petitionsltraffic- parking- protection- for -palm- trail- neighborho... 11/20/2013 Truxell, Rebecca From: Kenneth MacNamee <kjmacnamee @yahoo.com> Sent: Sunday, November 18, 2012 10:54 AM To: Pape, Scott Subject: Re: Atlantic Plaza 11 Parking requirements Mr. Pape: I am disappointed with your reply and hope you reconsider. To facilitate you verifying or contradicting my computation, I gave you Boca's Ord. #, the page #s, the contact person and her phone number, my calculation per component. I didn't just ask you to research it. I did the leg work. Calculating parking space requirements is an area of your professional expertise. This is a critical analysis in the density question re AP 11. 1 want to ensure my calculation is accurate and want the the City's concurrence so that the arithmetic is accurate. Please reconsider or forward it to someone else in Delray who will do it on behalf of Staff. From: "Pape, Scott" <Pape @mydelraybeach.com> To:.'Kenneth MacNamee' <kjmacnamee @yahoo.com> Cc: "Pape, Scott" <Pape@mydelraybeach.com> Sent: Friday, November 16, 2012 1:47 PM Subject: RE: Atlantic Plaza 11 Parking requirements Mr. MacNamee- Thank YOU for your e -mail. With respect to calculation of Boca baton's parking generation rate for the suthlect properly I will refrain. In terns of the appropriateness of Delray's generation rates, this is a larger issue that you may want to discuss with Director of Planning and Zoning. Sincerely, Scott.D. Pape, AICP, l;Cl' Senior Planner Planning and Zoning Department 100 N. W. 15t Avenue City of Delray Beach, Fl.., 33414 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: mailto :paDe(tDci.detray- beach.fl.us From: Kenneth MacNamee [mailto:kjmacnamee @yahoo.com] Sent: Friday, November 16, 2012 11:40 AM To: Pape, Scott Subject: Re: Atlantic Plaza II Parking requirements Mr. Pape: I verified the arithmetic for AP II's parking space requirements according to Delray Code as a follow up to our phone conversation. Based on the components in the proposed plan, I agree that there are 1,092 Code required parking spaces ( 1,349 gross with a Code authorized shared credit of 257). The proposed plan has 1,103 parking spaces so the developer's statement that the parking plan meets Code is accurate. My concern is that Delray's Downtown parking Code does not require enough parking spaces. So, I contacted Boca Raton (Susan Lesser 561 - 393 -7956) and went over Boca's Code for parking in its Downtown. The parking requirements for a mixed use site are in Ordinance 4035 on pages 22 -25. Using the AP I1 components, I calculate that the gross parking spaces that Boca would require is 1,578 ( offtce-- 237, retail- -208, restaurant -- 360, and residential- -773). I had to extrapolate for restaurant because Boca calculates on "patron available" square footage instead of total square footage. I assumed 14K of the 28,204 total restaurant s.f. would be "patron available ". Also, I assumed -0- parking spaces required for each 2.2 linear ft, of bar. My restaurant calculation works out to 12.76 spaces per 1K s.f. of restaurant. From these totals, it is necessary to calculate the shared credit on page 25. That reduces the 1,578 gross requirement to 1,267 actual required spaces compared to Delray's 1,092. I find this disconcerting because I consider Boca a "City" where I like to think of Delray as the "Village by the Sea ". It seems to me that Delray should have a higher parking space requirement than Boca. I realize Delray has more public parking lots than Boca but not so in the vicinity of AP II. I would greatly appreciate if you would verify my calculations for AP 1I based on Boca's Code and get back to me. Thanks! From: "Pape, Scott" <Papeg nydel.ravbeach.com> To: 'Kenneth MacNamcc' <I imacnamee(2 yahoo.co_m> Cc: "Pape, Scott" <jLape(Lmydelraybeach.com> Sent: Thursday, November 8, 2012 2:33 PM Subject: RE: Atlantic Plaza II Parking requirements Mr. M.acNamee- The parking requirements for Atlantic Plaza are found in LDR Section 4.4.13)(G)(I)(a), Section 4.4.13(G)(1)(d), Section 4.4.13(G)(1)(t), and Section 4A.13(G)(1)(i). The parking is ftirthered modified by LDR Section 4.6.9(C) (8). The parking required for restaurants at the subject parking is based on 6 parking spaces per 1 ,600 square feet of gross floor area. The difference between the parking required for the prgject and the gross calculation is due to the reduction allowed by the shared parking provision of the code [Section 4.6.9(C)(8)J. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department f00 N.W. I st Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (5 61) 243 -7221 e -mail address: rnailto :papenci.delray- beach.11.us From: Kenneth MacNamee lmailto :kimacnamee@yahoo.com] Sent: Thursday, November 08, 2012 2:05 PM To: Pape, Scott Subject: Atlantic Plaza II Parking requirements Mr. Pape: As a follow up to your 1115 email to Ms. Nubin re my Public Information request, please inform me which section under the LDR that Atlantic Plaza falls under. I would like to review that section before we speak. Your email to me indicates only 3 parking spaces per 1,000 s.f for Restaurants for Atlantic Plaza. That seems way low as I believe the norm for restaurants is closer to 10 spaces per 1,000 s.f. Thanks for your assistance. My phone number is 561 -276 -5532. Truxell, Rebecca From: Kenneth MacNamee <kjmacnamee @yahoo.com> Sent: Friday, November 16, 2012 11:40 AM To: Pape, Scott Subject: Re: Atlantic Plaza 11 Parking requirements Mr. Pape: I verified the arithmetic for AP II's parking space requirements according to Delray Code as a follow up to our phone conversation. Based on the components in the proposed plan, I agree that there are 1,092 Code required parking spaces ( 1,349 gross with a Code authorized shared credit of 257). The proposed plan has 1,103 parking spaces so the developer's statement that the parking plan meets Code is accurate. My concern is that Delray's Downtown parking Code does not require enough parking spaces. So, I contacted Boca Raton (Susan Lesser 561 - 393 -7956) and went over Boca's Code for parking in its Downtown. The parking requirements for a mixed use site are in Ordinance 4035 on pages 22 -25. Using the AP 11 components, I calculate that the gross parking spaces that Boca would require is 1,578 ( office - -237, retail- -208, restaurant -- 360, and residential- -773). I had to extrapolate for restaurant because Boca calculates on "patron available" square footage instead of total square footage. I assumed 14K of the 28,204 total restaurant s.f, would be "patron available ". Also, I assumed -0- parking spaces required for each 2.2 linear ft. of bar. My restaurant calculation works out to 12.76 spaces per I K s.f. of restaurant. From these totals, it is necessary to calculate the shared credit on page 25. That reduces the 1,578 gross requirement to 1,267 actual required spaces compared to Delray's 1,092. 1 find this disconcerting because I consider Boca a "City" where 1 like to think of Delray as the "Village by the Sea ". It seems to me that Delray should have a higher parking space requirement than Boca. I realize Delray has more public parking lots than Boca but not so in the vicinity of AP 11. I would greatly appreciate if you would verify my calculations for AP Ii based on Boca's Code and get back to me. Thanks! From: "Pape, Scott" <Pape ,mydelraybeach.com> To: 'Kenneth MacNamee' <kimacnamee(a)yahoo.com> Cc: "Pape, Scott" <PapeQrn delraybeach.com> Sent: Thursday, November 8, 2012 2:33 PM Subject: RE: Atlantic Plaza II Parking requirements Mr. MacNainee- 'The Parkingg requirements for Atlantic.Plaza are found in I�,DR Section 4.4.13(G)(1)(a), Section 4.4.13(G)(1)(d), Section. 4.4.13(G)(1)(1), and Section 4.4.13(G)(I)(i). The parking is furthered modified by L:DR Section 4.6.9(C)(8). The parking required for restaurants at the subject. parking is based on 6 parking spaces per 1,000 square feet of gross floor area. The difference between the parking required. for the project and the gross calculation is due to the reduction allowed by the shared parking provision of the code _Section 4.6.9(C)(8)]. Scott D. Pape,.A.1CP, FCP `senior Planner Planning and "Loving Department 100 N. W. l sl: Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e- mail address: as e n, mydelraybeach.com From: Kenneth MacNamee [ rnailto:kjmacnamee „ @.yahoo.coml Sent: Thursday, November 08, 2012 2:05 PM To: Pape, Scott Subject: Atlantic Plaza 11 Parking requirements Mr. Pape: As a follow up to your 1115 ernail to Ms. Nubin re my Public Information request, please inform me which section under the LDR that Atlantic Plaza falls under. I would like to review that section before we speak. Your email to me indicates only 3 parking spaces per 1,000 s.f for Restaurants for Atlantic Plaza. That seems way low as I believe the norm for restaurants is closer to 10 spaces per 1,000 s.f. Thanks for your assistance. My phone number is 561 -276 -5532. Truxell, Rebecca From: Kenneth MacNamee <kjmacnamee @yahoo.com> Sent: Thursday, November 08, 2012 2:05 PM To: Pape, Scott Subject: Atlantic Plaza II Parking requirements Mr. Pape: As a follow up to your 1115 email to Ms. Nubin re my Public Information request, please inform me which section under the LDR that Atlantic Plaza falls under. I would like to review that section before we speak. Your email to me indicates only 3 parking spaces per 1,000 s.f for Restaurants for Atlantic Plaza. That seems way low as I believe the norm for restaurants is closer to 10 spaces per 1,000 s.f. Thanks for your assistance. My phone number is 561 -276 -5532. Truxell, Rebecca From: jlindgren7 @comcast.net Sent: Tuesday, November 06, 2012 9:57 PM To: Pape, Scott Subject: Re: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Attachments: image001.png; image002.png Hello Mr Pape, I just wanted to follow up and find out if you know anything more on the possibility of closing NE 7th Ave at NE '1st St. Is this included in the City Commission consideration of the conditional uses? Thanks, Shari Lindgren Palm Trail Homeowners' Association From: "Scott Pape" <Pape @mydelraybeach.com >�..e To: "Tracie Lutchrrmansingh" < Iutchmansingh @mydelraybeach.com >, "jlindgren7 @comcast.net" <jlindgren7 @comcast.net> Cc: Cor526 @aol.com, "Ann Swank" <annswank425 @yahoo.com >, "jay blackburn" <jay_blackburn @yahoo.com >, "Paul Dorling" <DorlingP @mydelraybeach.com >, "Mark McDonnell" <mcdonnell @mydeiraybeach.com >, "Scott Pape" <Pape @mydelraybeach.com >, "Mike Covelli (mike@covellidesign.com)" <mike @covellidesign.com> Sent: Tuesday, October 30, 2012 1:42:24 PM Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1 st St Ms. Lindgren- It is my understanding that the closure of NE 7'h Avenue at NE 1" Street will be considered as part of the site plan process. It is noted that the site plan application has not been submitted at this time. I think it would be important for you to draft a letter (on HOA letterhead if available) or an e -mail on your position on this issue and any others you may have, i will make this part of the official record that will be considered by the Site Plan Review Board when the site plan is considered. I can also have this included in the City Commission consideration of the conditional uses. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, FL 33444 TeL (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pageCZDmydelraybeach.com From: Lutchmansingh, Trade Sent: Tuesday, October 30, 2012 12:21 PM To: 'jlindgren7 @comcast.net' Cc: Cor526@aol.com; Ann Swank; jay_blackburn @yahoo.com; Pape, Scott Subject: RE: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Shari: My apologies for not responding sooner, I was not in on Monday. Planning and Zoning (P &Z) would be able to provide better direction on how to proceed. I've given Senior Planner, Scott Pape the heads up that you will be contacting him. Mr. Pape is the planner for the Atlantic Plaza project. His email in included and his phone number is 561- 243 -7321. Kind Regards, Track M. Lutchmansingh, P.P. Assistant City Engineer City of Delray Beach Environmental Services Department 434 South Swinton Ave., Delray Beach, Ft, 33444 Phone:561.243.7322 •• Fax:561.243.7060 Email:lutcllmansingh(c Mydetraybeach.com From: jlin7 dgren7@comcast.net [mafIto:ilindaren7gcomcast.net] Sent: Sunday, October 28, 2012 6:35 PM To: Lutchmansingh, Tracie Cc: Cor526(aaol.com; Ann Swank; jay blackburn(alyahoo.com Subject: Palm Trail HOA inquiring about blocking off NE 7th Ave at NE 1st St Hi Tracie, Thank you so much for coming to our meeting with the developer of Atlantic Plaza II last week. I wanted to follow up and find out what our next step is to finding out if we can protect our neighborhood from traffic and parking problems coming from the new project Atlantic Plaza II. Can you let us know how to proceed to make this happen now that we have the developer's commitment to pay for this? Thanks, Shari Lindgren Palm Trail Assoc vice president From: ".Jay Blackburn" <iay blackburn a().yahoo -comp To: jlindgren7@comcast.net Sent: Wednesday, October 24, 2012 12:21:05 PM Subject: FW: reminder Palm Trail HOA meeting Wednesday night I sent this to you yesterday and it just got kicked back. I told Tracie the meeting ends at 9:00. Feel free to send her an email and give her more info. Thanks. From: Jay Blackburn [mailto :iav bl_ackburn yahoo.com] Sent: Tuesday, October 23, 2012 12:00 PM To: 'Lutchmansingh, Tracie' Cc: `jlindgren7 @comcast.net` Subject: RE: reminder Palm Trail HOA meeting Wednesday night Tracie- Thank you for your quick reply. I copied Shari Lindgren on this email. She is Vice President of the Palm Trail Home Owner's association. She would be better suited to comment on presentation /discussion time frames. We really appreciate you or Randal attending. Thanks, Jay From: Lutchmansingh, Tracie [mailto:Iutch man sing h( mydelraybeach.com] Sent: Tuesday, October 23, 2012 11:53 AM To: 'Jay Blackburn' Subject: RE: reminder Palm Trail HOA meeting Wednesday night Hi Jay I will be attending meeting if Randal is unable to. Is there an estimate on time presentation / discussions will run? Thanks. Kind Regards, Tracie M. Lutchmansingh, Y.E. Assistant City Engineer City of Delray Beach Environmental Services Department 434 South. Swinton Ave., Delray Beach, FL 33444 Phone:561.243.7322 •• Fax 561.243.7060 •• E mail: lutchmansingh @mydeiraybeach.corn From: Jay Blackburn [mailto:jay blackburn(a)yahoo.com] Sent: Tuesday, October 23, 2012 11:48 AM To: Krejcarek, Randal Cc: Lutchmansingh, Tracie; McDonnell, Mark; jlindgren7 @comcast,net Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thank you. From. Krejcarek, Randal [mailto:Kre'carek m delra beach.com] Sent: Tuesday, October 23, 2012 11:41 AM To: 'Jay Blackburn' Cc: Lutchmansingh, Tracie; McDonnell, Mark Subject: RE: reminder Palm Trail HOA meeting Wednesday night Jay, I have a last minute commitment at 7 but will try to get there after if commitment does not last too long, Randal L. Krejcarek, P.E. LEED AP, GISP City Engineer Delray Beach, FL Ph: 561.243.7322 Fx. 501.243.7060 kreicarek@MyDelrayBeach.com From: Jay Blackburn [mailto:jay Blackburn @yahoo.com] Sent; Tuesday, October 23, 2012 11:24 AM To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuff le, Woodie; Krejcarek, Randal Cc: Nubin, Chevelle Subject: FW: reminder Palm Trail HOA meeting Wednesday night Hello- I know you probably have been busy with all the debate /rally activity, so I thought it would be a good idea to send a reminder about the Palm Trail Association meeting tomorrow (Wednesday). As I mentioned before, it would be helpful if someone from the city is there to hear what the developers of the Atlantic Plaza Ii project are telling the local residents. The developer presentation portion of the meeting starts at 7:30. Thank you, Jay Blackburn 701 NE 2"'1 Street From: Jack Maloney [mailto:jackm @firstlantic.com] Sent: Tuesday, October 23, 2012 10:47 AM To: 'lind ren7 comcast.net; reed.webster@comcast.net; beng2001C aol.com; bforman@forma.ncap.co rosa @rentalsbychristoph.com; sjorgensenPwackenhut.a4s.com; lubawking(diaol.com; bsperrys(a)comcast.net; mariekavc@yahoo.com; debg192 @aol.com; jennforman @me.com; PRFARNUMCcb.AOL.COM; malone@m_scogroup net; LPfarnum @aoLcom; ruth- hay hoe @sympatico.ca; samCasambierstock.com; wih@m.indsprin_g.com, ibis22Ca bellsouth.net; lifeforce59()msn.com; bctucciardo @scarlettaucciardo.com; Kevin . jstouring com; taylorstx(a?yahoo.com; jenshumway@aol.com; walterlinde @me.com; adriaenssens cct d @aoLcom; lackneff@yahoo.com; zramz60 bellsouth.net; elod3 ahoo.com; lvruffino @gmail.com; Iweakley msn.com; jeffrose@wacofilters.com; Tropicalawningagbel[south.net; artisticcolorscc be] I south. net; TornCa?macmillanstanley.com; carolCa)macmillanstanley.com; cornett.sarah@gmail. com; claudiahehner @gmail.com; stevemiskew @risrealty.com; S swank @bellsouth.net; g Iowa be @aol.com', michquigC@yahoo.com; adrianakov mail.com; durkin333 ahoo.com; rex rexblazer .com; RRrDGLEYS @aoLcom; joannpeart @comcast.net jay blackburn(5yahoo.com; trishjacobson mac.com; msinger(asover.net; annamonab(a) bellsouth.net; madonnai@aol.com; cowshorses . aol.com; abinder petairways.com; sherl@hazeltinelaw.com; mbglad @bellsouth.net; Cor526 a aoLcom; mvt2101 @gmail.com; ecmv2 @earthlink.net; sandbec msn.com; pf321@netzero.com; marytw@earthlink.net; Onestargayze[@,ao] . com; Ajpersico msn.com; Mersico@aol.com; Victoria L() be] Isouth.net; beached boat(d )msn.com; janetll(c@earthlink.net; jhn.lindgrenCa)apriso.com; tromano@gsta.net; aib819 @bellsouth. net ; simpdrb @bellsouth.net; Feldman4@bellsouth.net; tmshumway(&aol.com; drmoroco @morocoorthodontics.com; ei lee nee stein @ ya hoo.com; ha ppyforeve r mac.com; kkubersk be] lsouth.net; Valerie.Grant @g._mail.com; js@sllbersteinarchitect.com; frankvarga(d)bellsouth.net; Costello @mydelraybeach.com; Robe rtCa)frankfloor.com; Jenbellis(abellsouth.net; giclimankoffCa0gmail.com; christoph@rentalsbychristoph .cam; ehj112003Cc@yahoo.com; svfoffice @bellsouth.net; ebm4321Ca@yahoa com; annswank425 0yahoo.com; haynesroad @gmail.com; 'ud ud crai .com; Jeanne varley @hotmail.com; jcalhoun5612gmaiLcom; b'm arfinke! aoLcom; SAUNDERS @mydelraybeach.com; bettyack@me.com; cgAconstancehobbs.com; BorgBocaCa)aol.com Subject: RE: reminder Palm Trail HOA meeting Wednesday night Thnx Shari—We will be there for this important issue....Jack Jack Maloney, President FirstLantic Healthcare, Inc. 2605 W. Atlantic Ave., Bldg A, #202 Delray Beach, FL 33445 Telephone: (561) 900 -7333 Jackm @firstla ntic.com www.firstlantic.com Think of the environment. Please avoid printing this e -mail unnecessarily. This document may contain information covered under the Privacy Act, 5 USC 552(a), and /or the Health Insurance Portability and Accountability Act (PL 104 -191) and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly. If this correspondence contains healthcare information it is being provided to you after appropriate authorization from the patient or under circumstances that don't require patient authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Redisclosure without additional patient consent or as permitted by law is prohibited. Unauthorized redisclosure or failure to maintain confidentiality subjects you to application of appropriate sanction. If you have received this correspondence in error, please notify the sender at once and destroy any copies you From: jlindgren7@comcast.net [mailto:°lind ren7 comcast.net] Sent: Sunday, October 21, 2012 4:58 PM To: reed.webster @comcast.net; benc12002(&aol.com; bforman()formancap.com; drb4b232 )gmail.com; rosa @rentalsbychristoph.com; Jorgensen @wackenhut.g4s.com; lubawkina@aol.com; bsperrys@com cast, net; mariekavc@yahoo.com; debgl92 @aol,com, jennforman@me.com; PRFARNUM @AOL.COM; malone(comscogroup.net; LPfarnum(0aol.com; ruth- hayhoe (cbsympatico.ca; sam @sambierstock.com; w'h minds rin .com; ibis22 @bellsouth.net; lifeforce59@msn.com; bgucciardo@scarlettgucciardo .com; Kevin 0)istou ring . com; Jack Maloney; taylorstx @yahoo.com; jenshumway @aol.com; walterlinde me.com; adriaenssensgcd@aol.com; jackneff yahoo.com; zramz6QObellsouth.net; gelod3 yahoo.com; I_vruffino @gmailcom; Iweakley @msn.com; ieffrose @wacofilters.com; Tropicalawning@bellso.uth.net; artisticcolorsCa)belI south. net; Tom(dmacmillanstanley.com; carol @macmiIlanstanley.com; cornett.sarah&cInj il.com; claudiahehner @gmail.com; stevemiskew @rjsrealty.com; S swank(a)bellsouth.net; log wabe aol.com, michquiq @yahoo.com; adrianakov@gmail.com; gdurkin333 @yahoo.com; rexCc�rexblazer.com; RRIDGLYS aol.com; joannpeart(&comcast.net; jay blackburn@.yahoo.com; tris Jacobson @mac.com; msinger@sover.net; annamonab @bellsouth.net; madonnaiCa)aol.com; cowshorses@aol.com; abinder etairwa s.com; sheri hazeltinelaw.com; mbglad @bellsouth.net; Cor526Cc�aol.com; mvt2101CaJ)gmail.com; ecmv2 earthlink.net; saridbecCcbmsn.com; pf321 @netzero.com; marytwCdearthlink.net; Onestargayzer(c�aoLcom; Ajpersico@msn.com; cpersico(&aol.com; VictoriaL@belIsouth.net; beachedboat @msn.com, janetll@a. earthlink.net; john.lindgrena, apriso.com; jlindgren7C@comcast.net; tromano @gsta.net; ajb819Ca bel [south. net; simpdrb(abellsouth.net; Feld man4 @bellsouth.net; tmshumway@aol.com; drmoroco @morocoorthodontics.com; eileeneepsteinPyahoo.com; haoyfoforeve�mac.com; kku berWcbbel [south. net; Valerie.Grant c? gmail.com; is @silbersteinarchitect.com; frankvarga @bellsouth.net; costelloC@mydelraybeach.com; Robert@frankfloor.com; Jenbellis c� bellsouth. net; i imankoff mail.com; christoph @rentalsbychristoph.com; ehj112003 @yahoo.com; svfoffice(& be I I south. net; ebm4321 @yahoo,com; annswank425@yahoo.com; haynesroad@g mail .com; judy@,judycraig.com: Jeanne varley @hotmail.com; ,icalhoun561Ca)gmail.com; bimgarfinkeigaol.com; SAUNDFRS @mydel ray beach. com; bettyack @me.com; cq @constancehobbs.com; BorgBoca@aol.com Subject: reminder Palm Trail HOA meeting Wednesday night Hello neighbors, Just a reminder that our homeowners assoc meeting is this Wednesday at Kelleghan Hall at St. Vincent's. 6:30 palm trail neighborhood business 7:30 Atlantic Plaza II developers presentation and question /answers forum Please pass the word to all neighbors. See you Wednesday night, Shari Lindgren Truxell, Rebecca From: Dechicchlo, Rosanne <dechicchio @mydelraybeach.com> Sent: Tuesday, November 13, 2012 12:25 PM To: crozier @hearst.com Subject: Atlantic Plaza Color Elevations Attachments: At Plaza Colored Elevations.pdf Attached please find Atlantic Plaza II elevations (in color). Still waiting to hear from the Mayor and/or Commission regarding interview. �kosanne oeChicchio Administrative Assistant Public Information Office City of Delray Beach (561) 243 -7190 dechicchio pmydelraybeach. com To: The Mayor and City Commissioners, City of Delray Beach, Florida NOV I respectfully request that the city commissioners not approve the proposed deuftoNfglq %[ .ac "t and� Plaza II that was recently approved (October 2012) by Planning and Zoning Board. I believe that the p'rb$osed plan will significantly and permanently degrade the quality of life and commerce in one of Delray Beach's most important and vibrant neighborhoods forthe following reasons: . Density: The proposed plan allows a density of 51.01 residential units per acre is far in excess of Delray Beach's current cc zoning of 30 units per acre. This increase would bring the total number of residential units from the 197 condos that were previously negotiated and approved to 442 residential units (312 rental and 130 condos). This more than doubles the density that city planners in Delray Beach previously determined to be optimal to maintain the special character of our downtown district. The City has not thoroughly evaluated the impact of the significant population and commercial space increases several yards from the Atlantic Avenue Bridge, which is at gridlock now during our season. First responders will have an impossible time navigating the gridlock. The design and scale should be consistent with the character of Atlantic Avenue and our hard earned and historic reputation as a '`village -by -the- sea ". 2. Height: The proposed plan exceeds Delray Beach's current 48 ft. limit and extends to 60 ft. This exemption further increases the massive scope and scale of this redevelopment and significantly compromises the use of Veteran's Park, which would be shaded and shadowed for the most active part of the day. Parking: This plan includes a proposal for the sharing of parking spaces by residents and transients that assumes that every resident has only one vehicle and drives it to a place away from the complex every day including weekends; this assumption is unrealistic in an era of telecommuting and does not address desirable and necessary weekend commercial parking in this area of downtown Delray Beach. It also provides for underground parking where the developers have not provided any examples in South Florida where this engineering has proven successful. 4. Rental Residences: The proposed plan provides for a majority of rental ratherthan privately -owned units. It is typical that home owners provide better maintenance and upkeep to residences than do renters. The massive scale and the premier location of this development will require a strong commitment to home ownership. The City has done no studies or analysis on this matter to determine the impact on the City. 5. Approval Process —The proposed plan has not been well- communicated to city residents; and the case for why the prior approvals should be revised has not been made. There has been minimal public input and I do not believe the City should make a hasty decision on what represents the largest re- development project in a generation. " Name Address Email Address, if y u would like to receive updates. Date lot, I 71 Truxell, Rebecca From: Pape, Scott Sent: Monday, October 29, 2012 8:20 AM To: Dorling, Paul; McDonnell, Mark; Truxell, Rebecca Cc: Pape, Scott Subject: FW: Atlantic Plaza II Update - 10/28/12 from Jim Smith Attachments: PalmTrail7thplan001 Jpg FYI Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.K 1st Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape(a.mydelraybeach.com From: JamesEJIMCHAR @aol.com [mallto:JamesEJIMCHAR @aol.com] Sent: Monday, October 29, 2012 7:23 AM To; Pape, Scott Subject: Atlantic Plaza II Update — 10/28/12 from Tim Smith ATLANTIC PLAZA II UPDATE — 10/28/12 Thank you for sending emails to the City Commission asking them to move the City Commission Meeting scheduled for Election Day evening to another time. SAFE has learned that although the Election Day meeting may go on as scheduled, the Atlantic Plaza II agenda item will likely will be deferred to a Special Meeting to be held immediately before the Workshop Meeting of October 30. The bad news is that we may not know for sure about the deferment until during formal action taken during the Election Day Meeting. So, please pay attention to the news. Let's hope we don't have to attend the Election Day meeting in order to find out whether Atlantic Plaza 11 may, or may not, be on the agenda. The other bad news is that the Delray Place redevelopment (located at the SE corner of Linton Blvd. and Federal Highway) probably will be decided at that Election Day meeting. That's really bad news for the residents who live so close to the rear of the proposed project. Since the October 15 meeting of the Planning & Zoning Board, the Atlantic Plaza II Development Team has been reaching out to the community to listen, answer questions, and make changes and enhancements to improve their project. They're trying and they deserve credit for that outreach. The most affected neighborhood, bordering on the north side of the proposed development, is the Palm Trail community. The Palm Trail Homeowners' Association (PTHOA) held its Annual Meeting on Wednesday, October 24 and invited Atlantic Plaza II's Bill Morris and Andrea Knibbs to make a presentation and answer questions. In addition to a good turnout of the PTHOA members, other invited guests included: City Commissioner Torn Caney, Mayoral Candidate Cary Glickstein, and Bob Granger from the Florida Coalition for Preservation and myself. I'd like to thank President Cory Cassidy, and the other Board Members: Shari Lindgren, Claudia Hehner, and Ann Swank for including me. The homeowners asked so many thoughtful questions that Bill Morris wasn't able to finish his PowerPoint presentation. The questions covered the waterfront: questions about noise, smells, safety, traffic, design, density, parking, green spaces, etc. Bill, very patiently, answered them all. The PTHOA supports a closure of NE 7 Avenue north at NE 1 Street and had prepared two drawings of what a proposed landscaped barrier could look like (see attachments). Toward the end of the meeting, I asked Bill Morris to make a commitment then, and there, to pay for a landscaped street closure (the only caveat being City approval) as the PTHOA requested. Bill made that commitment. If the City approves, it will be a win/win for the neighborhood, and for the new residents, employees and customers of Atlantic Plaza II. The homeowners will be able to continue to enjoy their tranquility without a stream of new traffic from Atlantic Plaza II driving through their neighborhood, and the number of traffic trips on 7 Avenue from NE 1 Street to Atlantic Avenue and on NE 1 Street between 7 Avenue and NE 6 Avenue will be reduced significantly. In the days following the meeting, SAFE asked both the City and the development team to conduct a traffic count to quantify how many traffic trips will be eliminated on NE 7 Avenue south of 1 Street. Since SAFE did not receive any immediate assurance from either of them, we have decided to conduct our own traffic count next week. I have been told that Phil is the leading TDM guru in the state; and I know from attending previous meetings with Sabrina how enlightening and practical her message will be. Many other communities are benefiting for TDM initiatives, and there is no reason (except inaction) that Delray Beach shouldn't benefit, too. Benefits come from improved transit services, improved access and amenities for bicycling and walking, maximum parking ratios for new office and retail developments, agreements by the private sector to support and implement employee transit subsidy programs, and federal government public transportation subsidies for employees, etc. However, whatever TDM initiatives Atlantic Plaza II adopts, they will not be enough by themselves to reduce traffic trips to an acceptable level. And, that's the reason that Atlantic Plaza II will be inviting Chamber of Commerce officials,s the reason that the developers will be inviting Chamber of Commerce officials, to reduce traffic trips to an acceptable level. and representatives from the CRA, the Downtown Development Authority, and the City of Delray Beach to the meeting. If more downtown businesses and the City of Delray Beach adopt TDM initiatives, then significant reductions in traffic trips will occur. Because it is the largest employer in downtown Delray, the City of Delray Beach can play a leadership role in adopting TDM initiatives. Another request of SAFE's was for Atlantic Plaza II to provide for inside bicycle storage for residents and employees. Also, SAFE asked for secure male and female showers and lockers for the employees. Atlantic Plaza II has agreed to provide these facilities and is enthusiastically working on all the details. As far as we know, there is no other business in downtown Delray Beach that provides showers for bicyclists. If anyone knows of other bicyclist shower facilities, please let me know. When enhanced bicycle facilities are provided, studies have shown that bicycle ridership increases dramatically Every time a resident or an employee substitutes vehicle use for bicycle use, traffic trips decrease by two. On another subject, SAFE hopes that the CRA will consider using the $150,000 that the developer has offered to buy a fourth trolley to the existing fleet of three in order to improve weekday and expand weekend service. In order to do that, the CRA will need to fund the estimated annual operating cost of $100,000. When Atlantic Plaza lI has been completed, the CRA will start receiving additional estimated property tax revenue of $„2.23 million/ r. That's because the site is located within the CRA taxing district. The Cit y of Delra Beach will receive not one penny of additional tax revenue. By the by, that's one of the reasons why the City is so strapped for funds. But, that's another story..... The point is that the CRA should step to the plate and use some of the increased tax revenue it will receive from the Atlantic Plaza II on Atlantic Plaza II infrastructure improvements. These include a new traffic signal at 6 Avenue and NE 1 Street — with a dedicated right turn on red lane from NE 1 Street onto NE 6 Avenue; an upgraded traffic signal at NE 7 Avenue and Atlantic Avenue; and, a new pedestrian only, activated traffic signal in front of Atlantic Avenue to connect with the southeast corner of Palm Square (if the Florida Department of Transportation recommends). After all, one of the CRA's primary missions is to improve public safety and why shouldn't the CRA be reinvesting some of its $2.23 million from the Atlantic Plaza 11, back into Atlantic Plaza II infrastructure improvements? Finally, it is critical that Atlantic Avenue pedestrian and bicyclist safety be improved. SAFE will soon be receiving a 5 -year history report of pedestrian and bicyclist crashes and fatalities for that portion of Atlantic Avenue between E 6 Avenue and Venetian Drive. SAFE believes the report will show that action must be taken to improve safety. Again, the Atlantic II Development Team has agreed to take the necessary steps to improve safety, but again the CRA should help. You cannot expect Atlantic Plaza II to pay for everything. In the final analysis, density, height, and everything else takes a backseat when you're talking about saving even one life. Closing note... please remember that downtowns are defined by higher density. In fact, higher density can improve the quality of life, if the necessary infrastructures are in place to support it. Thank you for your support in making Delray Beach safer for all. Jim Smith SAFE Chair "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Truxell, Rebecca From: Richard Straus <richie33483 @gmaH.com> Sent: Thursday, September 20, 2012 9:42 PM To: PZmail@MyDelrayBeach.com Cc: rich ie33483 a?gmail.com Subject: request for density use change to:Planning and Zoning Department Delray Beach Re: Increase of Density "Atlantic Plaza II Sirs: I am whiting to you asking you to turn down any request for increase of density at the Atlantic Plaza development because I am of the opinion that there will be too much auto traffic in an area that is now too congested. The fact of a 4 lane street going to a lift bridge in itself has created a huge traffic backup and all the problems that go with the backup. Adding additional access and additional auto counts created by the asked for density increases will only further exacerbate all the bad conditions. If you do wish to graxit the variances then ask for a complete parking and traffic study from the builders. If the study convinces you to grant the variances then I ask that there be no traffic cuts on Atlantic ave and 6th ave. This should help the traffic flow on Atlantic Ave Thank you. Richard Straus, 54 East Rd. Delray Beach Fl. 33483 Truxell, Rebecca From: Jack Wilson <jackneff @yah,00.com> Sent: Monday, September 17, 2012 9:07 AM To: PZmail @MyQelrayBeach_com Subject: Fw: Palm Trail Association - important meetings regarding Atlantic Plaza 11 Attachments: notice]pg We do not belong to the Palm Trail Association but they were nice enough to include us in this email. We just want to voice our concern about making exceptions to the building codes except for grandfathered items. New buildings and developments should obey every item especially if the only reason to violate it is make more money for the builder /developer. In regards to increasing tax revenue, that requires one to be able to predict the future and recent events have shown that few are very good at that. Sincerely, Jack and Jeanette Wilson 827 NE 5th St. - - -- Forwarded Message - -- From: ' llindwen7 acomcast.nett" <jlindgren7@corncast,net> To: reed. websterQcomcast.net; beng2002(c)aol.com; bforman(aformancap.com; drbob232 mail,com; rosa(a_rentalsbychristoph.com; sjorgensen(c_wackenhut.g4s.com; lubawking@aol.com; bspernls(acomcast.net; mariekavc(Dyahoo.com; deb 192 aol.com; iennforman(a5me.com; PRFARNUM(_AQL.G )M; malone@mscogroup.net; LPfarnum(c aol.com; ruth -ha hoe s m atico.ca; sarr Osambierstock.com; w h mindspring. co m; ibis22Q)bellsouth.net; 1ifeforce59 rnsn.com; bqucciardo @scarlettgucciardo.com; (Gavin _ jstouring=com; jackm(cafirstlantic,com; to lorstx ahoo.com; jenshumway(aaol.com; walterlinde@me.com; adriaenssensgcd(d)aol.com; iackneffg-Yahoo. com; zramz60 bellsouth.net; gelod30byahoo,com; Ivruffino „lgmail.com; Iweak1e msn.com; `effrose wacof[lters.com; i Tro icalawnin bellsouth.net; artisticco(ars(cbellsouth net; Tom a@macmillanstanlev.com; carol macmillanstanle .com; cornett.sarahODgmail.com; claudiahehnerQgmail.com; stevemiskew isreal ,com; S swank bellsouth.net; lowabe aol.cam: michpuigP- yahoo.corn; adrianakovfcr"}�gmail.com; g-durkin333@yahoo.corn; rex@rexblazer.com, RRIbGLEYS(i,aol.com; joannpeart(a7comcast.net; lay blackburnCEDyahoo.com; trishjacobsorn @mac.com; msinger(@sover.net; annamonab@bellsouth.net; madonnai(a)aoLcom; cowshorses rQaol.com; abinder(a?petairways.com; sherl Qhazeltlnelaw.com; mbglad(a7,bellsouth.net, Cor5260aol.com; mvt2101@gmail com; ecrnv2(a)earthlink.net; sandbecQmsn.com; pf321netzero.corn; marytw(@earthlink.net; Gnestargavzer@,aol.com; Alpersico@msn.com; cpersico(cDaol.com; VictoriaL@bellsouth.net; beached boat(a�msn.com; janef11&arthlink.net; john.lindgren(a�apriso.com; lindgren7(cDcomcast.net; trom_ano psta.net; aib8199Dbellsouth net; simpdrba_bellsouth.net; Feld man4@bell south, nat; tmshumway 2aol. com, drmoroco morocoorthodontics.com; elleeneepstein ahoo.com happyforeverCa.mac.com; mar yalbert[a)bellsouth.net kkuberskObe(Isouth.net; Valerie. GrantODgmail.com jg a@silbersteinarchltect.com: frankvarga(c),bellsouth.net; costelloftmyde Ira ybeach.com; Robe rtrc frankfloor.com; Jenbellis bellsouth.h.Pet; pig imankoff(cc- gmail.com; christo h rentalsb ehristo h.com; ehi1120030-yahoo.com; svfoffsceC 7a.bellsouth.net; y� g ail.com; judyftudycraiq.com; ebtn4321(c� ahaa.com; annswank425 ahoa.com; haynesroadfcrl m _ Jeanne varley(u-)_hotmail. com; i! ,q un561agmail.com; Jmctarfsnkel@aol.com; SAUNDER5Caa 7,mydelr;aybeach;com; bettyack @,me.com; cgpconstancehobbs.com Sent: Sunday, September 16, 2012 11:31 PM Subject: Palm Trail Association - important meetings regarding Atlantic Plaza 11 Hello neighbors, We wanted to pass along an important notice of upcoming Planning & Zoning Board and City Commission meetings regarding the new Atlantic Plaza ll. It looks like the conditional use requests are different from what the neighborhood associations were informed of in the past as far as density and building heights. We need to make sure this new mixed use development impacts our neighborhood in the best ways possible. The best way to do this is stay informed by attending these meetings and voicing any concerns we may have. Please see the attached notice for these important meeting dates. Thanks, Shari Lindgren and Cary Cassidy Pape, Scott From: Glenna Hogan <glennahogan @gmai1.com> Sent: Friday, September 14, 2012 3:33 PM To, Pape, Scott Scott Pape Planning & Zoning Dept. City Hall 100 NW lst Ave. Delray Beach, FL 33444 Re: Public Notice #2012 -182 Sir: Thank you for advising me of the meeting regarding the above. First, September 24 is an early date for this meeting. The majority of northerners are not back in the city and are not aware of this meeting and of your additional requests. Such a meeting should not be held until November 2012. Second, I am not in favor of the two additional requests and feel certain I speak for the other shareholders (Barclay House, Inc.) who are not here. The building height for this project was already too high. Third, our fun -sized town will no longer exist. No longer a village by the sea. No longer unique. More traffic - inability to cross Atlantic Ave. bridge which presently ties up traffic on both sides. Visitors who see Atlantic Plaza for the first time comment on the beauty and are shocked when I say it is going to be demolished. I realize my comments will have little effect but loving Delray Beach as I do and living two blocksfrom this area , I feel I must express my opinion. Thank you for allowing me to do so. Glenna Hogan 715 NF lst Court 02/18/2010 09,41. FAX U001/001 + �± .... � �-� � 3 '�,5�� %f �7 �t di "(r'1 / ✓f � „a� �.�f ..•.17 'P'''U�f' +" lee �fG /J r...... s ..�..� F. . ... ........... ., ..............., ... �..... � �� �� �,�f � "� )tr r � ; �,+'c�} � �,.� ��' - ,��;t•'= raj- �4 :% -- - - j') 1 (,.. bF(yI "/ art "f; i C:- .�1 till, Pape, Scott From: Truxell, Rebecca Sent: Friday, September 21, 2012 8:34 AM To: Connor Lynch (clynch@plastridge.cdm); dreraig@ spodakdental .com;'jsnider @sequil.com' Cc: Pape, Scott; Dorling, Paul; McDonrell, Mark Subject: FW: Monday 9124 meeting thoughts Gentlemen: Thank you for the email below. I have forwarded it to the Senior Planner for this project, Mr. Scott Pape and it will be entered into the file and be sent to the Board members prior to the meeting Monday night. Please let me know if you have any questions or comments. Rebecca Truxell AdMinistrative Assistant /Secretary to SPRAR Interims Secretary to the Planning & Zoning Board and Historic Preservation Board Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Deirray {Reach, F1- 33444 Phone: 561.243.7040 Fox: 561.243.7221 truxeli@rnydelmybeach.com From: Connor Lynch [mailto:clynch @plastridge.corn] Sent: Thursday, September 20, 2012 9:55 PM To: Truxell, Rebecca Cc; 'Craig Spodak' Subject: FW: Monday 9/24 meeting thoughts Rebecca, Please see the comments below for the record and to be included at our upcoming meeting. Thank you, Connor C. Lynch, AIP Plastridge Insurance Agency E w?rvv{L pla_st d ]c e.com Phone: 561,276 -5221 ext.1207 I Fax :561.276.5244 From: Joe Snider fmailt© :isniderCc sec[uil.coml Sent: Thursday, September 20, 2012 9 :49 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: isnider @seguil.com Subject: Monday 9/24 meeting thoughts Hey Craig and Connor, I hope this finds you both well. Unfortunately, I will be out of town on business for the Monday 9/24/12 P &Z meeting. But I wanted to just offer some public comment. I know due to Sunshine laws, you guys can't respond or have a dialogue. Almost 4 years ago 1 served on the City's Green Task Force. One of our recommendations was to adopt a green building ordinance that would contain language to incentivize and / or require green building. This is very standard practice in municipalities all over the country. Our Task Force Report (www.sustainabledelray.org provides many resources, and in the 4 years that have passed since we authored the report, there are countless other references. As far as I know, little or no work has been done to develop or implement this recommendation. I am writing to encourage the City to take some action to incentivize, encourage, or even require the Atlantic Plaza project include green certification. Delray is literally on the cusp of being a model green city for not only Florida, but for the country, With its walkable downtown, 4 green hotels (Seagate, Colony, Sundy House, and Hyatt Place), a green school (Plumosa elementary), a certified green office downtown (Sequil systems), and a soon to be built green dental clinic, plus entrepreneurial businesses like the Delray Downtowner, Delray could literally be a hotbed for green tourism and a green economic development. With so much momentum and so much of the backbone for sustainability in place, it would be a huge asset to the City to have Atlantic Plaza be a green project_ Municipalities quite often offer density bonuses to projects committing to LEED or other green building certification. It is my understanding that the Atlantic Plaza project is asking for such a "conditional use." Put it another way: the Developer is asking for something, and it is not unreasonable to ask for something of value to the City in return. Again, it is common practice to offer the.types of things the Developer is asking for to incentivize green building. I am urging the City to explore the possibilities in this area, as I personally feel given the huge growth in sustainability and green building, that Delray would almost be "conspicuous in its absence" if a project of this scale were to be completed in the core of our downtown and NOT be green. What a huge opportunity to take Delray to another level can't make the P &Z meeting on Monday, but wanted to offer some comments. Sincerely, Joe Snider JOSEPH R, SNIDER, A9A, LEER AA BD + C I SEQUIL Systems, Inc. I 1 5F. 4 � Awl, Suite 205, Delray Se.lch, Fi_ :3.3483 I 421 EED C70d rafffce 1 (5611921- LG00 _., LIEce �rs on 3 ac�tao�i� Fallow pis on Tw!Uer "YOU CAiktK01' S'TMR1. S -lop. OP Ci {ANGC..';OVlI- --RAGE MA Intermt E-Meii C.Adentialily: i'rivil getlrC;ar7tid rrvsi fofoi rnatioo may be contained iri this mo sarde. If you are not the addrassw: lndtcited In this rnossaite for responsible for detivery of tyre messa?rge to srir": person), you rney nat cagy or deliver this rnessago to anytirtet. h! such case: you should destroy this rrressage entiroty and kindly notify the seeder by teply email- Please ad rise inwledlately if you or your employer do not consent W lnternot email for messages of this hind. Qpi ks ns, corrlusions and aiiie_r infr�nnation in this me_ssa�e that do no, Felaie to il're otttclai busij'l ss ai' my drm shall be r drarstand as nelO,tar given rror a:ndorsod i?y it. Truxell, Rebecca From: Truxell, Rebecca Sent: Friday, September 21, 2012 11:31 AM To: Connor Lynch (clynch @plastridge.com); dreraig@spodakdental.com; jsnider @sequil.com Cc: Pape, Scott; Dorling, Paul; McDonnell, Mark Subject: FW: Monday 9124 meeting thoughts Attachments: image001,png; imageD02.jpg This additional email will also be included. However, please be advised we cannot open the attached images. Rebecca Truxell Administrative Assistant /Secretary to SPRAB Interim Secretary to the Planning & Zoning Board and Historic Preservation Board Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 5 61.243.7040 Fax: 561.243.7221 truxell@mydelraybeach.com - - - -- Original Message---- - From: Connor Lynch (mailto:clynch @plastridge_comj Sent: Thursday, September 20, 2D12 10:08 PM To: Truxeil, Rebecca Cc: Craig Spodak {dreraig @spodakdental,com) Subject: FW: Monday 9/24 meeting thoughts Rebecca, Please also include the email below for the record. Thank you, Connor From: Joe Snider [jsnider @sequil.com] Sent: Thursday, September 20, 201210:04 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: jsnider @sequil.com Subject: RE: Monday 9/24 meeting thoughts One final note, and then I'll leave you both alone...for some perspective, if this project were being built in downtown Miami, it viould actually be required by the City to be LEED Silver certified, so municipalities definitely can do this. As always, thanks for listenirg... Take care, Joe JOSEPH R. SNIDER, AIA, LEED AP BD + C I SEQUIt Systems, Inc. From: Joe Snider [mailto:jsnider @sequil. cam <mailto:jsnider@sequil.com >] Sent: Thursday, September 20, 2012 9:49 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: jsnider @sequil .cam <mailto:jsnider @sequil.com> Subject: Monday 9/24 meeting thoughts Hey Craig and Connor, I hope this finds you both well. Unfortunately, 1 will be out of town on business for the Monday 9 /24/12 P &Z meeting. But I wanted to just offer some public comment. I know due to Sunshine laws, you guys can't respond or have a dialogue. Almost 4 years ago I served on the City's Green Task f=orce. One of our recommendations was to adopt a green building ordinance that would contain language to incentivize and / or require green building. This is very standard practice in municipalities all over the country. Our Task Force Report ( www. sustainabledelray. org< http : / /www.sustainabledeIray.org >) provides many resources, and in the A years that have passed since we authored the report, there are countless other references. As far as I know, little or no work has been done to develop or implement this recommendation. I am writing to encourage the City to take some action to incentivize, encourage, or even require the Atlantic Plaza project include green certification. Delray is literally on the cusp of being a model green city for not only Florida, but for the country. With its walkable downtown, 4 green hotels (Seagate, Colony, Sundy House, and Hyatt Place), a green school (Plumosa elementary), a certified green office downtown ( Sequil systems), and a soon to be built green dental clinic, plus entrepreneurial businesses like the Delray Downtowner, Delray could literally be a hotbed for green tourism and a green economic development. With so much momentum and so much of the backbone for sustainability in place, it would be a huge asset to the City to have Atlantic Plaza be a green project. Municipalities quite often offer density bonuses to projects committing to LEED or other green building certification. It is my understanding that the Atlantic Plaza project is asking for such a "conditional use." Put it another way: the Developer is asking for something, and it is not unreasonable to ask for something of value to the City in return. Again, it is common practice to offer the types of things the Developer is asking for to incentivize green building. I am urging the City to explore the possibilities in this area, as I personally feel given the huge growth in sustainability and green building, that Delray would almost be "conspicuous in its absence" if a project of this scale were to be completed in the care of our downtown and NOT be green. What a huge opportunity to take Delray to another level. I can't make the P &Z meeting on Monday, but wanted to offer some comments. Sincerely, Joe Snider JOSEPH R. SNIDER, AIA, LEED AP BD + C I SEQUIL Systems, Inc. 11 SE 4th Ave, Suite 205, Delray Beach, FL 33483 1 a LEED Gold office 1 (561) 921 -0900 (cid: image[ X01. png@ 01CD977B. DAB48E50 ] <http: / /www,farebook.com /pages /5equ il- Systems- 4nc/168686029862769 >Like us on Facebook [ cid:ir nage002. jpg@ 01CD97 7B. DAB48E50 ] <http: / /twitter.cum /i#1 /sequil> Follow us on Twitter 72 SE 6TH AVE,UNIT J, DELRAY BEACH, FL 33483 ,3'Ei. 208 -e56 -7704 MM.t.1L VVII- LIAAA_3_TYLLO i5€3CGLOBAL.NEi' L & S H ELLEY September 21, 2012 Delray Beach Zoning Board To whom it may concern, We moved to Delray a couple of years ago. We liked the area because of it's old Florida look and appeal. Buildings under four stories, relatively low density living, quaint shops and restaurants. I'm assuming the builders, who are taking, over the property next to the Colony Hotel, felt the saute way. They want to invest here. Then why change it! City planners and zoning boards are in place to protect the property owners and to maintain the took and feel of an area. You want the city to grow and prosper, but not at the expense of loosing it's character. If you change the regulations every time a project is proposed, there is no paint to having a zoning board. Sincerely yours, Bill & Shelley Tylec Truxell, Rebecca From: Mane C. Rankin <jcr @kubickidraper.corn> Sent: Friday, October 12, 2012 3:05 PM To: MCDuffie, Woodle; Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, AI; PZmail @My©elrayBeach.com Subject: Atlantic Plaza II Redevelopment- Letter of support from Burt Handelsman Attachments: SKMBT C28012101213410.pdf Please see attached correspondence. Thankyou Jana C. Rankin Shareholder Direct (954) 713 -2324 Fax (954) 768 -0514 icrakubickidraper.corn One East_Browa_rd Blvd, Suite 1600 Fort Lauderdale FL 33301 Privileged and Confidential The information contained in this e -mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction. 1 October 12, 2412 Mayor Woodie McDuffie And City Commissioners Planning and Zoning Board City of Delray Beach 100 NW 0 Avenue . Delray Beach, FL 33 144 Re: Atlantic Plaza Gentlern= Currently before you are the plans for the developm=t of the project known as Atlantic Plaza. I a x€a a residental and commercial landowner in Delray Beach, and have been for almost forty years, mid I urge you to tl€row your full support into seeing this proposal come to fruition. I have no direct or indirect financial interest in the group developing this project. My companies ovvn frontage on four city blocks across from and west of the project, so we will receive direct competition from the project when completed. Nevertheless, I think the neighborhood that we are all trying to sustain and improve can only benefit from the completion of this project. Those who would c€ mplain about density and traffic should just look north of this project on Federal Highway, several blocks from this site. They will see no density and no traffic. They will also see no business. They will see no residents. They will see continued deterioration of the neighborhood a-ad I suggest to you., after speWing zrly eatire life in the zeal estate business, when that land of deterioration takes place, the same as any infectious disease, I guarantee it is contagious and the infection will spread: A neighborhood created with people who live and work in the same neighborhood can be The greatest asset for any city or town. In these economic tunes, the developers are risking gauge sums of their resources to bring this project to f1 ition. There is certainly little or no bank assisted financing available in today's world. The neighborhood will have immediate benefits from the construction. To a great extent it should reduce traffic as the people who work and live in the neighborhood will attract P.Q. t3ox 28, Gedney Station, White Plans, NY 10606 514- 761 -9196 + 914 - 761 -BB80 O Facslrnite: 514 -426 -2145 Email., mall @toverealtygroup.com commercial shops to support those residents and professionals, all within walking distance. If the homeowners in the district are afraid that heir lard values will be hurt by this commercialism, I suggest that the negative action tbey are taking at this time to stop the development is the quickest way to see their land value diminish. TWs group is headed by Caxl Mantis who has had, and continues to have, an extremely successful business career and has proved his ability to improve every area he has ever gone into. He has spent a good part of his life developing vitamins to control aging and improve health. The vitamin he brings you now IS a huge gift to the City of Defray Beach and to try to take the strength out of that vitamin and weaken it is in my opinion a huge error and, once again, I ask you to throw one hundred percent of your support behind this project which can only help improve the immediate area's value as a residential and commercial hub. The density of the additional people living in the area can promote safety on its streets and vitality for the entire surrounding neighborhood, and all being accomplished without government funds, government guarantees or support. I for one understand the years of work it took to put: this together, and Carl DeSwydi, should be applauded for his efforts. Both the City and its residents should reach out -with all of their support, which this project richly deserves. Thank You. Very truly yours, . "Rurti4ai ^ B.Hlka, Truxell, Rebecca From: Mo Patel <mopatei16@hotmail.com7 Sent: Thursday, October 11, 2012 7:29 PM To: PZmail @MyDelrayBeach.com Good morning all My name is Mo Patel and would like you all to know that I support the "Atlantic Plaza II" redevelopment plan. I am the new owner of the Subway in the Antique Mail. I took over in May and its has proven to be a challenge to stay keep the business going. I am a multi unit owner so do have about 8 years experience but I think that bringing this into the area will help small businesses like myself, tremendously. -Thank you for your time Sincerely Mo Patel I Pape, Scott From: James EJIMCHAR@aol.com Sent: Monday, October 01, 2012 8:02 AM To: Pape, Scott Gc: ctbonfield@aol.com Subject: Atlantic Plaza Scott: As you are aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Exception Area (TCEA): and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation is a mistake and needs to be changed because of Atlantic Plaza's size and unique "lockedrin" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 100' to the east; on the west side, it fronts on one -way Federal Highway; and at the northeast corner, there is no ingress or egress. SAFE has problems with the traffic impact estimates in the two Traffic Impact Studies provided by the applicant. Both studies overstate the current number of daily trips and therefore, understate the number of additional trips that will occur after the project has been completed. We calculate that the real rLurnber of trips added (4,870) will be double the number published in the first study (2,460)1 We arrived at the number additional trips that will realistically occur after the project has been completed by adding the following to (2,640): • + 641 additional trips required by the Palm Beach County Traffic Engineering Division on account of the too optimistic rate of internal capture in the initial Study. + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5-year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. + 400 trips. Since the center now has an extremely high number of vacancies, there should be an adjustment for this too. We approximate this adjustment would reduce the estimated current number of daily trips by 300 — 500 in the base year: therefore, under reporting the number of additional daily trips by the same amount. + 386 trips. Another overstatement of the current number of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in. reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's first study, but 4,870 additional daily trips, or double the number of additional trips published in the first study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "lacked -in" location, and the magnitude of the discrepancy in the real number of additional daily trips that SAFE has identified, Transportation. Demand Management (TDM) should be initiated. Since you were not at the last P & Z Meeting, here's what SAFE proposed: Atlantic Plaza employers should charge Atlantic Plaza employees $51day for parking and provide a transit subsidy for those taking public transportation. The City of Boca Raton has done this successfully reducing the number of trips 5% and more. The Atlantic Plaza location is immediately adjacent to the number 1 bus line in all of Palau Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza., The developer should pay for a new trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and Implement a $10hnonth Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE's estimate is that these initiatives will reduce daily trips between 400 - 500 trips /day. On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 10' - 12' wide, not 7' wide as proposed; and the sidewalks on both NE 7t' Avenue and N 1't Street be S' wide (as per today's code), not 5' wide as proposed. Sidewalks, like diamonds, are forever! Once built, a 5' sidewalk probably won't be widened the future. We are requesting that you change your staff recommendations to include SAFE's recommendations. Please respond to SAFE's concerns. We would be pleased to meet with you to discuss further. Thank you, Scott. Best regards, Jim Smith SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33453 (561) 330 -6795 phone & Fax i axnesejimc,haQaol.com "Help Florida. become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: I had a typo in my previous email. I meant to type 8' sidewalks, not 11'. CC: Charlie Bonfield, SAFE President �w I Scott Pape 2012 Planning and Zoning Department Re, Public Notice Number 2012 -182 We are vehemently opposed to the proposed land use for Atlantic Plaza 11 for the following reasons: 1. Delray Beach is called the "Village By the Sea." Approving this monstrosity would turn our quaint village into the "UNSIGHTLY MAMMOTH CITY OBLITERATING THE SEA." 2. Any obstruction of use of 7th Avenue would cause overwhelming traffic congestion on our already congested 6t' Avenue. 6th Avenue only travels north. It is already narrowed and impeded by ugly white barriers. This narrowing has caused major congestion at Atlantic and 6th. r Avenue has offered much relief to this problem and also gives us easy access from north to south crossing Atlantic Avenue. 3. Atlantic Avenue and vicinity already has a plethora of residential spaces and restaurants. There are also many already existing available and vacant properties. Why do we need more? vvk t,, 50 East Road, 2G Delray Beach, Florida 33483 2012 September 24 Planning and Zoning Board City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Members of the Planning and Zoning Board; I first visited Delray Beach in the 1980's forwork. In 1998, 1 accepted full -time employment in Delray Beach and purchased my home in 1999. 1 have seen many changes in the City over the course of this time. Many of them have been most positive. 1 am in favor of wise and prudent development that !$-green friendly and pedestrian friendly. I certainly advocate increased density, and I endorse the urbanization affording cultural and employment activities that so many Americans yearn for. However, I am compelled to voice my objection in response to Public Notice #2012 -182 regarding a conditional use request submitted by Atlantic Plaza Il. 1 am also disappointed that so little time has been provided to allow for the input of Delray citizens and residents, particularly when many of them are not in residence. I am also disappointed that the City of Delray Beach does not appear to have implemented more aggressive green requirements over the course of the five years. Atlantic Plaza has purportedly languished for many years. During the 2006 approval process, counsel for Atlantic Plaza argued that the property was not economically viable since it was not attractive to customers or tenants. That might be partially true since many tenants or prospects were understandably concerned that they could not obtain long -term leases and that shared maintenance costs, over which they had no control, skyrocketed. Counsel also maintained that this development would eliminate the eyesore of a gas statian at the corner of 6th Avenue and Atlantic Avenue as well as the undesirable half -way house. With the demolition of some of the existent property associated with the proposed development, we have had to look at a hole surrounded with a chain linkfence (the coveting of which has not been maintained) for many years now as well as signage that was never repaired for many afterthe 2005 storms and walk on a sidewalk that's not being maintained. (Plus, it`s not as convenient to get gas. Many urban areas manage to successfully incorporate gas stations without their sticking out.) It also would appear that the rehab business has simply moved further east_ Hence, I am somewhat skeptical when I read any proposal regarding this property. I am even more concerned about development that dramatically changes the nature of the community in which I have chosen to live_ As I recall, the City wanted to provide a core downtown area that would attract full -time residents as well as the services — and jobs — that would those residents would need. However, over the course of the past few years, traffic congestion and noise has increased dramatically, Atlantic Avenue can be backed up from west of Swinton to east of the Intracoastal bridge, While a traffic study is not required, 1 would urge that such a study be done. Just where are the cars associated with the development going to drive? How is it going to affect the residents north and south of the development? What's going to happen with traffic on Federal? How are speeds going to be controlled and the noise of the traffic mitigated? Its already quite difficult to leave my own building and there continues to be excessive noise and speed on Atlantic Avenue and on 5th and 6". Determination of parking needs for any area is always problematic, We only have to look at parking demands in downtown Delray to see the demand for parking. Combining this with the fact that it's increasing common for two occupants of any apartment to have at least two cars, the demand for parking within the development is likely to be quite high, undoubtedly higher than what it proposed in the project, plus, renters, much like owners, like to have assigned spaces. Plus, there is a need for parking for associated service vehicles. (I would note that the original project called for condominium and not rental property development.) Arlen D. Dorninek: City of Delray Beach Planning and Zoning Committee 20120924 — page 1 of 2 Moreover, restaurants in an area that is an attractive, centralized location to people from Fort Lauderdale to Palm Beach suggests that there wili be a need to accommodate even more cars than proposed. .lust the number ofjobs that the proposal suggests will be created suggests the need for large number of cars and parking spaces. Nor should we ignore there will be more large delivery trucks in the area at all hours. This translates to even more egregious traffic congestion and noise. Just how can the City handle the traffic of well over a thousand additional cars or more given the turnover at the various businesses and just how will this development meet that need for parking? The downtown area has not been conducive to the establishment of many businesses that would be open during the day and that could attract customers not only at night, but during the day and has increasingly become a nightlife area. Our high rents and property taxes are encouraging the establishments of restaurants often open Only during the evening, beauty salons, and, essentially, nightclubs. Often arriving home by car service very late an Thursday or Friday nights, I observe a rowdy nightlife crowd not at all consistent with what I would like to call home. We're not getting a large variety of the interesting stores and galleries that once attracted so many people to Delray, the kinds of shops that were funky. plus, is it likely that this development will attract the big box stores or luxury chain stores, one alternative preferred by a previous potential partner with Atlantic Plaza. Is there the economic demand for this retail space? Are there customers to support businesses throughout the day? I must disagree with the staffing report that the requirement for four-bedroom units can be overlooked simply because they are not common in the area. I would suggest that three - bedroom units are in much in demand in the area (they command a premium) and that there is demand for larger units. In fact, the ability to sell studios and one bedroom units in much of the area is already problematic since there is less demand for such units. I would also note that the size of the proposed three bedroom apartment is smaller than nay two - bedroom condominium. The proposed apartmentsjust do not sound desirable to me and suggests to me some compromise of the upscale neighbor in which I and my neighbors reside. It would appear that the developer is proposing the construction of four essentially monolithic buildings. One of the things that makes downtown Naples so desirable is the setback of many its buildings, not only from the curb, but of upper stories, thereby mitigating a canyon effect. I've noticed many larger developments throughout my extensive travels in the United States, and I have seen that there can be higher density development without building the structures that I see in Boca Raton, West Palm Beach, and Fort Lauderdale. I don't think that we need more buildings that are like Worthing Place or like the recently constructed building on 5th that is sitting empty. I now personally choose to avoid downtown. Delray Beach on weekend evenings because it's so hard to find parking unless I pay for it or use a valet. It's quite a change from a few years ago, and it's disappointing to me. If I had wanted to live in a 5obe or Fort Lauderdale area, I would have. But I chose to live in Delray Beach, and I do not want to see our village transform into those areas. It is my understanding that you are empowered to recommend certain conditional uses of property if they benefit the community, but that you, regardless of whether a request is compliant with LDR, may choose not to grant such conditional use, As a citizen of the City of Delray and as a voter, I urge you to not recommend the requested conditional use because they are not beneficial to the residents of Delray Beach and are, I would suggest, inurious, Best regards, Arlen D, Dominek Arlen D. Dominek: City of De[ray Beach Planning and Zoning Committee 20120924 — page 2 of 2 Scott Pape Planning and Zoning Department Re: Public Notice Number 2012 -182 1I,,zf11 We are vehemently opposed to the proposed land use for Atlantic Plaza 11 for the following reasons: 1. Delray Beach is called the "Village By the Sea." Approving this monstrosity would turn our quaint village into the "UNSIGHTLY MAMMOTH CITY OBLITERATING THE SEA." 2. Any obstruction of use of 7"' Avenue would cause overwhelming traffic congestion on our already congested 6th Avenue, 6th Avenue only travels north. It is already narrowed and impeded by ugly white barriers. This narrowing has caused major congestion at Atlantic and 611. 7" Avenue has offered much relief to this problem and also gives us easy access from north to south crossing Atlantic Avenue. 3. Atlantic Avenue and vicinity already has a plethora of residential spaces and restaurants. There are also many already existing available and vacant properties. Why do we need more? Truxell, Rebecca From, Dean Jacobson < 1) eart. Jacobson @bodean s baking. com> Sent: Tuesday, September 25, 2012 123 PM To: PZmail @MyDelrayBeach,com Subject: The Atlantic Plaza 11 CEP ±f �_ � 4L I am w ting in regard to the request by The Atlantic Plaza Il development group to increasing, ncreasing the�c�felW4 A ?e"N81 ntial units and increasing building height to a maximum Of 60 feet. I am CEO of several companies and have a tondo unit at Barr Terrace on 50 East Rd. I have been coming to Delray for over 40 years and have seen the city grow exponentially and have supported this growth to make the city more appealing and vibrant. I have supported the original context of Atlantic Plaza but this request goes beyond the original intent of this project. Atlantic Avenue is already congested during peak season with traffic and noise and the beauty and attraction of Delray is based on the adamant restriction on building heights. Enough is enough. Do we want to become another West Palm Beach and lose our charm? What is the incentive to approve such a request"? It will not further improve the image of the quaintness and charm of Delray but rather seriously damage it. I vote no on these exceptions. 1 SAGS FIGURELLI, LLC d Public Accountants 4915 5t. Elmo Avenue, Suite 302, Bethesda, MD 20814 Telephone (361) 652 -1120 Fax (301) 652 -2550 September 19, 2012 City of Delray Beach Planning and Zoning Board 100 NW 1st Avenue Delray Beach, FL 33444 RE: Atlantic Plaza It Dear Members of the Board: Robert A. Sachs, CPA Anna Figurelli Sachs, CPA fit` 11 �JLZ)tr Z, 4 2012 1 1 ^lp,I�I�IfhIC 20NING The purpose of this letter is to object to the conditional use request for Atlantic Plaza II including: (1) Increase in density from 30 residential units to 51.1 units. (2) Increase the building height from 48 feet to a maximum of 60 feet. I have several reasons for my objection, but one is overwhelming in my mind. This area of Delray Beach is not suited to handle the amount of traffic that would be brought to this area of the city by a 70% increase in density fox this development. A 25% increase in height is equally substantial in impact to the community as a whole. There are no large public parking facilities near this planned development that would be able to handle the number of automobiles that such a development would bring to this area of the city, especially during high season. We own a condominium at Barr Terrace, 50 East Road, Delray Beach, FL. Our balcony faces Atlantic Avenue. As our apartment is on the 10th floor, we spend a lot of time observing activities along Atlantic Avenue, especially as it pertains to vehicular traffic when the drawbridge is raised for boat traffic. I can personally report that traffic gets so backed up during the season that my husband and I time our exits and returns to our apartment based on when the bridge is drawn. In case of an emergency, there is no doubt in my mind, that traffic would preclude the speedy passage of emergency vehicles. Further, there have been times when we could not leave the condominium by turning toward AlA because both Atlantic Avenue and East Road are backed up past our condominium's driveways. City of Delray Beach Planning and Zoning Board September 119, 2012 Page Two The approval of the request to expand the size of the Atlantic Plaza If development would require a minimum of 973 parking spaces, per my calculations. That number is based on residential, office, and retail use, not including banks, restaurants or bars. If restaurants/bars are included in the development, additional, minimum parking spaces might be required. It is noted that mixed use sometimes helps in reducing the minimum required spaces as parking requirements are not the same during the day as in the evening. It seems to me that this calculation will not significantly impact the minirnum number of parking spaces required in Delray Beach as restaurants and bars require four times as many spaces as office use and the restaurants would be open during the day as well as at night. Further, Delray Beach is a desirable evening destination for many vacationing in Florida, from Ft. Lauderdale to West Palm Beach, which would bring additional visitors to our City. I am attaching a spreadsheet which shows my calculation of parking spaces needed. Even if the required number of parking spaces are included in the Atlantic Avenue 11 plan, I do not believe that Atlantic Avenue can handle the added traffic, especially with the draw bridge in such close proximity to this development. I offer this opinion from first band observation of the traffic patterns over the last five years as observed from my balcony from early in the morning until late in the evening. Sincerely, SACHs FiGuRELu, LLC Certified Public Accountants Anna. F. Sachs, CPA Partner TruxelI, Rebecca From: David Isreal < haynesroad @gmail.com> Sent., Friday, September 28, 2012 8:55 AM To; PZmail @MyDelrayBeach_corn Cc: jlindgren7 @comeast.net Subject: Comments on Atlantic Plaza 11 Scott Pape Senior Planner Department of Planning and Zoning City of Delray Beach via email: pzmailn,�n delraybeach.con-i September 28, 2012 Dear Scott — Thank you fox accepting comments on the proposed Atlantic Plaza H by email for those of us who live, pay taxes and vote in the district, but are unable to attend the meetings. I have listed my concerns below by bullet point for your consideration. I . Overall appearance. The proposed development is not in keeping with the years of careful planning and development which has occurred in Delray Beach. Astatically, Atlantic Plaza 11 is a town center, a better match for Boca Raton, Climatis Street or Wellington, not Delray. The appearance of this project will close a valuable point of aesthetic differentiation which creates value for Delray as a place to live and visit. 2. Parking. Nowhere have I been able to locate a detailed parking plan. If that exists on -line please direct me to the link, or please forward a copy to me via email for review, along with a copy of P&Z's current regulation on parking. You may send that to haynesroad ail.com. 3. Density. A 70.3% variance in residential units per acre over P &Z regulations is significant and is way outside the bounds of a normal variance request. This also goes to parking and traffic issues. 4. Increasing the building height. Every with the off -sets, canyons will be created. That is evident in the developer's video and in similar developments in Boca and West Palm. S. Traffic. Atlantic Avenue is already jammed without this project. The developer's video looks to show a five -lane Atlantic avenue with median gardens. Please help me to understand where this new lane will come from. 6. raying for street improvements. The construction will damage area streets. The developer's video shows median gardens on Atlantic Avenue. Will the developer be paying for this? As the City cuts services to resident - taxpayers to cover its deficit, my hope is that tax dollars will not be earmarked for this portion of the project. Scott, thank you for your time and effort in this project. I do want to see Delray grow and develop, but within its unique position as a great Village -by -the -Sea, not the Delray Town Center. All the best, David Isreal CHARLES T. BONFIELD SEAGATE TOWERS 220 MACFARLANE DRIVE, 41203, DELRAY BEACH, FLORIDA, 33483 561 330 6329 September 27, 2012 Mr. Paul Dorling Director, � � � Planning & Zoning Department, City of Delray Beach 100 NW 1Sf Avenue � ���� Delray Beach, FL � 33444 OCT 012012 5 Re. Atlantic Plaza II PLANNING & ZONING, Dear Mr. Dorling, Firstly, let me say that I am very pleased to see that two very important projects in The City are approaching the final phases. The City will benefit from the reconstruction of the Federal Highways. This project has been well studied and has been shown to be a much safer design than the original one. It will also benefit businesses both north and south of 5th and 6t' Avenues. The beautification will be much appreciated and a plus for the city. Many Delray Beach residents made presentations to the Planning & Zoning Board meeting of September 2! �h regarding the proposed plans for Atlantic Plaza 11. 1 think that most of us were pleased that planning and reconstruction is finally being considered for this site after so many years. Clearly, this area could be the show place of the city. However, most residents are concerned about the density and traffic that will result from this proposed plan. Many Delray residents are uncertain about some of the estimated traffic projections offered in the plan. The developer estimates that there will be 120 vehicles per hour at morning rush hour, and even higher estimates for evening rush hour from the 442 residences, plus offices and businesses in this complex. We wonder where this estimate comes from. Is it a projection recognized or published by some city planning authority? Also, is it a median or average projection of traffic from this density of residents? If so, what would be the higher range — and shouldn't the P &Z department want to consider the'traffic impact of the higher estimate. You have probably driven in Delray traffic during our busy winter season when the Atlantic Avenue Bridge opens and then closes_ East of the Intracoastal, vehicles are backed up from the bridge nearly to A1A. And on the west side, vehicles are backed up to 6t" Avenue and sometimes further that that. During our high season (November through May) it may take 2, 3 or 4 change cycles of the traffic signal at 7th and Atlantic Avenues to clear traffic after the bridge has 7closed. This congestion will be magnified many times if the size of Atlantic Plaza is approved as proposed. Jim Smith and I have recommended that The City engage an independent traffic authority to provide us with unbiased traffic estimates resulting from the Atlantic Plaza 11 proposal. This is just too important to leave to the developer alone. The projections for traffic associated with in the Atlantic Plaza 11 as proposed do not consider many factors. It is clear that the provision for the number of vehicles and, parking for the residents and by visitors to the retaillrestaurantloffiices is significantly underestimated. Also, there seems to be no provision for all of the service trucks and vehicles that will bring supplies to the restaurants, offices and retail outlets in Atlantic Plaza Il. Will there be loading platforms for large truck and moving van delivery during loading and unloading? Where will the trucks be parked? The sidewalk abutting Atlantic Avenue should be at least 12 feet wide to provide a nice open area for residents and visitors to stroll. The width of the sidewalk along Atlantic Avenue between Swinton and 1 fh Avenues is constantly congested, particularly when the restaurants are allowed to install sidewalk tables and chairs for service. This should not happen at Atlantic Plaza Il, would like to repeat that a qualified consultant or government traffic planning group should be engaged to give a better estimate of traffic projections for this project. The cost of this consultant should be passed along to the developer. Regards, C5-- Charles Bonfield President, SAFE Past President, Seagate Towers Condominium Association cc, Scott Pape Truxell, Rebecca Prom: Pryse Elam <pelam @newboston fund, com> Sent: Tuesday, October 09, 2012 3;40 PM To: PZmail @MyDelrayBeach.com Subject: Atlantic Plaza Dear Mr. Lynch: I am writing to the Planning and Zoning Board in support of the application by Atlantic Plaza. I have lived on SE 71h Avenue three blocks south of the proposed project for nearly 10 years. I have my office in the current Atlantic Plaza, and have been there for nearly five years. I run, walk and drive by this site nearly every day. Unfortunately, 1 will not be able to attend the next P &Z meeting as I will be out of town. That is unfortunate, for as you undoubtedly know, the vast majority of residents who show up to speak do so in opposition to whatever is proposed. Very few show up to speak in support, although in most cases representing the vast majority of the residents. I moved to Delray in 1995, and at that time, Atlantic Avenue was a wasteland. The City of Delray Beach has done an amazing job in transforming Atlantic into vibrant, active and fun downtown. We have transformed what was once called "Dull -ray" into a community that his highly desirable for all that it offers, while at the same time maintaining its small - town character, My family loves the fact that we can walk to a vibrant downtown and have a multitude of restaurants, art galleries and shops to visit without ever having to get into a car. And Delray has done a fabulous job of containing this along one spine road such that its impacts are not felt much beyond a few blocks in either direction. Having lived just three blocks south of Atlantic for the past 10 years, the only time we feel an impact is during the Delray Affair, and in the meantime, all of it is within walking distance. I would encourage the Board to continue to implement its vision for activating Atlantic Avenue. The proposed project will replace a huge and largely dead area with something, new, active and alive. It will have the further effect of re- directing the activity eastward into areas of Atlantic Avenue that desperately want to come to life, but can't as they lack critical mass. Finally, the addition of residential units in this area will help generate _year -round residents supporting our retailers and restaurants during the off- season, and much of that support will be on foot. It is not only OK, but a good thing to have an active urban core like Atlantic Avenue. We are, in fact, the envy of just about every municipality in South Florida if not Florida, for what we already have. Spreading that out along the Avenue will only serve to strengthen that core in addition to broadening our tax base and creating jobs at a time when we desperately need both. As neighboring residents, the key concerns that we have expressed to the Developer relate to how they add ress traffic in two particular areas: First, traffic leaving the proposed project heading west on Atlantic will need to be addressed. particularly at the choke points of the lights crossing the two Federal Highways. Second, we would like to see steps taking that discourage Atlantic Plaza residents and visitors coming and going to the project from using the residential streets in the area as "back ways" in and out. I know that the developer has engaged traffic engineers to study this and would encourage City staff to work with them to determine the best compromise solution to these concerns. In summary, I encourage you to continue to fulfill the vision of Atlantic Avenue that was begun in 1995 by promoting renovation and new development particularly along the eastern ends of the Avenue to help bring those areas to life. I encourage you to do so responsibly, with the chief concern how we can prevent spillover traffic from reaching into the residential neighborhoods which begin several blocks north and south of the project. Finally, thanks to each of the commissioners for dedicating the thousands of hours they do to oversee the continued development of our City. I think we can all agree that we like what we have now, let's continue it in a thoughtful and respectful way. Pryse R. Elam Regional Director --- Southeast New Boston Fund 777 East Atlantic Avenue, Suite 203 Defray Beach, FL 33483 Truxell, Rebecca From: Craig Spodak DMD,PA <dreraig @spodakdental.com? Sent: Tuesday, October 16, 2012 2:06 PM To: Truxell, Rebecca Subject: FW: Thank you Hi Rebecca - Thank you for your "overtime" last night, i know that you are stretched beyond your capabilities but 1 wanted you to know that the city and its residents appreciate your efforts. Anyway, I received this email from a resident last night and thought it should be disclosed, Thank you again Craig Spodak DMD, PA [7 EVt CA,WZ;Q TO ?0119 SMrL -;l 4.6 Wttt AtIaM -lc Avenue Delray Baadi, €'I i &33445 1 "0- (561) 4013 -0050 F,u 061) 4g8.0841 Vk!b: spodakdentaLcorn Spodak Dental Group is proud to be chosen: 2010 -2011 Business of the Year Greater Delray Beach Chamber of Commerce The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. APlease considerthe ervironmentbefore printingthls emaii From. Joe Snider [mailtoJsnlder9§gquil.coml Sent: Tuesday, October 16, 2012 1:53 PM To; Craig Spodak Cc: isnider@sequil.com Subject: Thank you Hey Craig, think l am allowed to talk to you about the meeting... Just wanted to say thank you from our end for listening ... we have been recommending that the City incentivize or at least encourage green building for 6 years now, and last night marked the first time anyone really listened, let alone took action. The funny thing was, they were really open to it and didn't seem to be resistant or object. But you really championed the cause and drove the discussion, explaining that there needs to be something concrete. Anyway, thanks to you and the board for taking time to understand the issue and champion the cause. Truxell, Rebecca From: necsgkg@aol.com Sent: Tuesday, October 09, 2092 1:56 PM To: PZmail @MyDelrayBeach.com Subject: 777 East Atlantic Ave,ATLANTIC PLAZA. Planning and Zoning= I am writing in support of the proposed plans for Atlantic Plaza. As a long-time downtown merchant and property owner in Delray Beach, I urge you to approve the plans presented to you. Having four downtown blocks redeveloped is a tremendous opportunity forthe city as well as the businesses located in and around Delray Beach. Having seen both the approved and proposed plans, I am excited and confident that the CDS Holdings- Edwards company team will deliver a first class will deliver a first class project that is good for the city and the community at large. At a time when other cities are to attract jobs and strengthen their local economy, Delray Beach already has a team to invest hundreds of millions in a project that can make this happen. Please lets move forward with this project. Sincerely Gary Goldfarb Atlantic Antique Mall Inc. The Antique ExperlenceLLC 502 -506 East Atlantic Ave. Delray Beach, Florida. 561 -716 -2788 1 Truxell, Rebecca From: Scott Rhine <scott @rhinecpacom> Sent: Tuesday, October 09, 2012 11:48 AM To: McDuftie, Woodier Carney, Tom: Frankel, Adam; Gray, Angeleta; Jacquet, Al Cc: PZmail @MyDelrayBeach.com Subject, Atlantic Plaza project Dear Council members, As you can tell from my address, I am a tenant at the existing Atlantic Plaza where I have started up my business in 2008 , after practicing for more than 30 years in Boca Raton. I was attracted to Delray Beach after first residing here starting in 1992 {again after living in Boca Raton for the previous 35 years), I watched Boca Raton develop during the 60's, 70's and 80's, and Delray during the 90's and early 21St century. There are parallels ,as well as significant differences between the two towns, as I am sure you would all agree. My family and I did not like what was happening in Boca when we uprooted to Delray 20 years age. Likewise, when the opportunity presented itself to re- establish my practice here, I jumped at the chance — in a very down business cycle. I searched the downtown area for suitable small office space, initially thinking it would not be a problem. However, it quickly became apparent that Delray does not have much in the way of nice office space with suitable parking for a professional office. I believe there is a significant need for Class A office space in the downtown area, and that more desirable tenants can be attracted here by offering same. The existing plaza is old and while pleasant, will not fit my firm's longterm expansion needs. Many of my out of town clients (there are quite a few) enjoy visiting their CPA and making a day or evening of it here on the Avenue, in conjunction with their visit. We are definitely responsible for some small amount of the tourism here. I never miss a chance to promote Delray to my clients, colleagues and professional relationships. I have thoroughly enjoyed my time in Delray, both personally and professionally. Allowing for the mixed use project that the New Atlantic Plaza development promises to be, will allow my family, employees, clients and colleagues to continue to enjoy the area, expand our business and contribute to the good of the downtown and City overall. The good that it will inure to the area will far outweigh any perceived negatives. You will get a much more upscale tenant base creating increased license and property tax dollars for the town, while at the same time improve the visual appearance and tourism that is so important to keeping Delray Beach what it has become. I ask for your continued favorable vote in moving this project forward. I am happy to discuss any of the above issues with you should you require further insight to my support. Thank you for taking time out of your busy schedule to hear of my support for this important project. Sincerely, Scott Rhine Scott T. Rhine, CPA Hinkle, Richter & Rhine, LLP 777 East Atlantic Avenue Suite 226 Delray Beach, FL 33483 Phone: (561) 314 --2201 Fax: (561) 314-2204 Cell: (561) 289-4136 Email: scottprhinecna.com The information in this email is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this email in error, please notify the sender immediately by replying to this email. Do not disclose the contents to anyone. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Department regulations, we inform you that any U-.S. federal tax advice contained in this correspondence (including any attachments) is not intended to be used, and cannot be used., for the purpose of (i) avoiding penalties that may be imposed under the U.S. internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 2 T %Lcdfa -rbzJ£ 92& 'Main sLzat eNe�sr �� ANA C SEA' 2 2012 E 3257 PLANNING & ZOMNG .{� f r `0n ` C.�..C�.e.:�1 l� ��..� L�-+ -� �A.... Cc�+ -+�� -� �,+��CI�, -.� trot �• icy-- •��,r,�a.�rc.� -etr� � �-�... �.e.s�. �.� .�..,..� Truxell, Rebecca From: Jane R. K Harrison <yane @didisons.comy Sent: Tuesday, October 16, 2012 1:015 PM To: PZmail @VIyDelrayBeach.com; clynch@plastridge.com Subject: We are really concerned about Atlantic Plaza II project? To: Paul Dorling and Connor Lynch, I own a house on Vista del Mar, and my mother, Martha Phillips, lived there for thirty -five years until she died in 2004. 1 have loved Delray Beach since the early 1950's and have watched with increasing concern as the development has changed the character of the town. There will come a tipping point when Delray will lose it's charming, small -town feel and become like Ft. Lauderdale. Please consider opposing the request for increased density. Thank you for your involvement in the town. My best, Janie Harrison Jane A. M. Harrison 561 -278 -3860 1002 Vista del Max 917 -941 -6608 Delray Beach, FL 33483 Truxell, Rebecca From: joe@delrayyachtcruises.com Sent: Wednesday, October 17, 2012 1:12 PM To: PZmail @MyDeirayBeach.com Subject: Atlantic Plaza Redevelopement Hello, My name is Joe Reardon and I have owned and operated Delray Yacht Cruises at 801 East Atlantic Avenue since 2003. I had planned on attending last Monday's meeting with hopes of speaking in favor of the planned redevelopment at Atlantic Plaza but was unable to do so. Please accept this email as my sincerest endorsement of the proposed plans for this area, Having been in my current location since 2003, I have seen many other parts of the Avenue improve and flourish while the block between Federal Highway and the Intracoastal has remained somewhat of an unattractive dead zone. Other than a few restaurants and the cruises I operate, there is very little activity but slot of potential for growth in the vacant lots and empty sore fronts, it is this area of East Atlantic Ave that screams for improvement more than any other. Although I stand to be affected more than most other business' DURING the actual development, I am looking at the positive impact to the area in the long run and look forward to it being put in motion. Delray Beach has always been a step ahead of its surrounding communities in knowing what best suits its residents and visitors and being that destination many of our neighbors can only hope to be. The plans in the works for Atlantic Plaza are a perfect example of the foresight in which the City is known for. I have no doubt that this area will be the Crown Jewel of the Avenue and bring a tremendous amount of economic and asthetic benefit to the area. Thank you for your time. Sincerely, Capt. Joe Reardon President/ Delray Yacht Cruises MEMORANDUM To: Mayor and City Commission — City of Delray Beach, FL October 18, 2012 Fr: Sandy and Becky Morrissett Via E -Mail RE: P & Z Meeting Monday (10115/12) —Atlantic Plaza 11/318 Palm Trail Homeowner Input Good Day, Mayor and Commissioners: First of all, we express our appreciation for your most thoughtful consideration as you review the significant impact of the subject project upon our Clty. We simultaneously extend ourthanks to all those in the Palm Trail Homeowners Association, as well as others, for their efforts in resistingthe numerous, negative development scenarios we seem to have been beset with over the past few years. And, we offer our sincere regret that we are not physically in town for but a few months of the year to be of more active assistance. That said, as a longtime developer, I offer the following observations, which I believe worthy of your consideration, particularly if the related issues haven't already surfaced, regarding this latest density enslaught. 1. It Is typical of well financed developers to lobby P & Z officials, City Council and other City officials and Staff, individually and in group settings, both hard and often, and to load hearings with friendly supporters. It is very tough to fight these wealthy folks, but, wherever possible and responsible, it needs to be done as with fire against fire and it needs to be factual, persistent and consistent; 2, The DDA and reallythe CRA are supporting the proposed development based on a huge windfall. Although perhaps understandable, such a decision is not always the same as that which is in the best interest of the City. Further, the visions presented by slick videos, displays, talks, platitudes etcetera, particularly if accompanied by favorable tax revenue analyses, will often be overwhelming to opposition and frequently win over the impressed "deciders" who will nearly always vote in favor of $$ (e.g. particularly given strapped municipalities in today's environment); 3. And yet, what really needs to be considered are the most basic, common sense, impact aspects of the proposed development, including but not limited to the following. Think about Traffic Level of Service designation for Atlantic Avenue and surrounding arterials versus the significant density (e.g. number of associated autos, deliverytrucks, service vehicles) proposed. is there a related Traffic Study and how valid is it (e.g. Is it "made as instructed" by the Developer or is it a realistic picture of impact)? Where wfli all the associated owners /renters /clients /service vehicles park? How will they get in /get out? What will be the impact on emergency evacuation, if needed? Think about Fire /Police service —are the Fire Marshall and Police Chief really "on board" with the plan? Do we have adequate Public Safety equipment /facilities /access or is additional support needed? At what costversus dedicated tax revenue? Think about pedestrian safety (e.g. particularly seniors and children) versus increased traffic, Think about increased density as a magnetto crime versus availableservice protection. What happens if the area is too soon overbuilt and vacant je,g. acknowledge that we have seen this in years past and still suffer negative effects from it today). 4. And finally, in the end analysis and when all else fails, consider this. Any Developer who is proposing a project of this magnitude would be wise to be reasonably sophisticated and very well financed, and (if so) will, most assuredly have lots to give away. He will be prepared to do so if pushed. Just some food for thought from an old warrior who has been many times wounded on both sides of the battle... With all good wishes, Respectfully, Sandy and Becky Morrissett 318 Palm Trail Delray Beach, Fl_ 33483 Truxell, Rebecca From: Thuy Shutt <TShutt @pbcgov,org> Sent: Thursday, October 18, 2Q12 12:49 PM To: David Dipino Cc: Truxell, Rebecca Subject: RE: Delray f=orum Staff Writer David DiPino with a quick question Importance: High Hi, David, It has been a long time and hope this finds you well. I have not had a chance to see my personal emails since this weekend and some may have been spammed--out if they are not on my frequent contact list. In addition, I understand that many cf these residents are acting on emotions and may not have had the history of the downtown redevelopment or knowledge in the development review processes. With that in mind, I feel there is no need to legitimitize references to our integrity. As a board member, I need to weigh the code requirements, the testimonies given at the meeting, and the mitigation strategies /conditions that will be in place once the project has been through the development review processes. These are not taken lighdy'as we all are volunteers who are also stakeholders in the community. The hours I spend on reviewing these items and at the meeting are hours away from my family and that is priceless. I would be more than willing to speak to you on my decision but not during work. hours. I would appreciate it if you contact me by phone In the future on these matters versus'my work-email. Thank you. Thuy ("Twee") T.'Shutt, AIA, CRA Assistant Director VVestgate /Reivedere Homes CRA 1280 K Congress Avenue, Suite 216 West Palm Beach, FL: 33409 (561) 640 -8181 ' (561) 640 -8180 fax www.westgatecra.org From. David Dipino [ddipino @gmail.com] Sent: Thursday, October 18, 2012 9:23 AM To: Thuy Shutt A Subject: Delray Forum Staff Writer David DiPipo with a,quick question Good Morning-Mrs, Shutt, 1 14 Delray Forum reporter David DiPino here..., It's been awhile, how are you? I received a few emails after the last P &Z board meeting concerning Atlantic .Plaza U changes in density and how it would affect Tropic Isles. Did you receive the emails below? Does the P &Z dept, staff or the P &Z Board have a comment concerning the email below? Have any residents gone ahead and asked for resignations of any P &Z Board Members? Thanks for your time, David DiPino ' Delray Forum Staff Writer From: Judy Craig <<L a,jud,r�g.com> To: delrayneighbors < delrayneighbors @googlegroups.com> Sent: Tue, Oct 16, 2012 11.15 am Subject: RE: P &Z Meeting last night: Atlantic Plaza II It appears two neighborhoods got thrown under the bus last night at the P & Z meeting. First was Tropic Isle, It was amazing to sit there & listen to why they need to destroy a large office building for which it is currently zoned, and sits some distance from the east property line, therefore not right up against residential back yards, and build more retail /restaurants & position them right up against residential properties. (We kept telling Walmart to go away until they finally did, we're not going to stop speaking out now.) There must be a dozen or more restaurants at Old Harbor Plaza & Delray Plaza combined, not to mention clothing, grocery, pharmacy, movies. One Tropic Isle resident in favor of the project got up & said he was excited to be able to ride his bike to shopping & restaurants, as if there were none available! He can't cross the intersection of Linton/Federal ? ?? You think it's dangerous no AO Wait till those tractor trailers start with the U -turns which they admitted they would need to do to get in & out! The second was Atlantic Plaza development, stunning is all I can say. After just approving getting rid of the office building at Linton & Fed — they determined we are desperate for more office space so we need to approve this developer's plan to build more office space! Do the board members all have a short terra memory problem.? Or did they think the residents wouldn't notice that contradiction? Next, I fail to understand why raising the density from 3 0 to 51 per acre is not a huge "NO, not going to happen"? We have limits in place for a reason. I have not heard a good reason to throw there out the window. It seems all the developer condescended to do was lower the height slightly in a portion of the project, but spread the footprint to make up the difference, therefore taking away green space. When he started his presentation, the developer's representative stated they had added more green space. Apparently it's a wash --- all smoke & mirrors. How this P & Z board can sit there & pat these guys on the back for throwing us a bone (but they took it back by slight of hand!) is beyond me. Donating a bus just doesn't cut it. Apparently they have been "gotten to ", I don't know what else to think. No mention at all was made of the "step backs" of the buildings that have been required by other projects, so the site line is more palatable. They apparently are unconcerned about the block of empty new buildings that sit in the 200 blk of NE 5th Ave. I imagine there is lots of "Class A" office space waiting there. Mizner (which is widely reported to be a failure) was brought up a number of times by the proponents. Two of the parking garages are entered from Federal Hwy, the other two from the rear service road, Mizner Blvd. Why is this parking garage not on Federal, in the first phase of this development? I still don't know where these occupants will parks while phase 2 is being built — has anyone addressed that? Can we ask for some resignations? I don't know how that works, but it seems the current P & Z board are not upholding their fiduciary responsibility to the citizens of Delray Beach. We are who they are supposed to represent, not developers who appear in town with their vision for this town, which has no relation to ours. I have no problem with anyone making a profit, it's what everyone who works strives for. But do it with integrity, When the property was purchased, the owners were well aware of the zoning regulations. Live with it, or don't buy it, but don't misrepresent your intentions & then expect us to give you carte blanche to do whatever suits your purposes. Let's flood some email inboxes at city hall for starters. Please feel free to share these thoughts with others who might want to be included. Judy Craig, (Palm Trail Neighborhood resident of 26 years) David DiPino Delray Forums Staff Writer Sun- Sentinel.com Reporter Delray Beach Forum Food Critic Hometown Downtown Column Co- Writer ddipinuAgMail.co m or dddi ino 1ribune.com 954- 621 -5000 Under Florida law, email addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 Truxell, Rebecca From: Brian Shutt <shutts4 @att.net> Sent: Friday, October 19, 2012 7:94 AM To: Truxell, Rebecca Subject: Fw: Atlantic Plaza project - - - -- Forwarded Message - - -- From: Jay Blackburn <jay blackburn@yahoo.com> To: clynch plasiridge.com; hansen.janc(cDgmail.com; dreraira @spodakdental.eom; shutts4 @att.net; esservicesl @gmail.com; franciosa delra aol.com• sa45Cu7aol.com Cc: burn m delra beach.com• truxell@mydeltaybeach.com Sent: Sun, October 14, 2012 7. 15:24 PM Subject: Atlantic Plaza project Hello- My name is Jay Blackburn. My wife, Wendy, and l live at 701 NE 2"4 Street. My Douse is on the NE corner of NE 2r,d Street and NE 7th Avenue. We have lived at this location for over 8 years and have lived in Delray Beach for 17 years. I am writing you to voice my concerns regarding the Atlantic Plaza project. First let me say that we would like to see something done with the property, just not what is currently being proposed. The site plan that was approved many years ago was much more reasonable with less than 200 units. My biggest concern is the inevitable increase in traffic in my neighborhood. The intersection my house is on, which is a 4 way stop, already has significant traffic with people using NE 7"' Avenue as a "cut through" to avoid Federal Highway. Most people do not bother stopping at the stop signs. There have been many times when the Delray Beach Police parked in front of my house to pull people over for blasting through the intersection without stopping. They usually pull over a car in less than 2 minutes of sitting in front of my house and pull many cars over in a short period of time. Having over 4010 units in Atlantic Plaza with the parking deck on NE 1�t Street will mean that we will see a huge increase in traffic. Our neighborhood cannot handle this additional traffic, it wili not be safe and someone is bound to get hurt. There are always people walking around the neighborhood with their dogs, children, family, and friends. Their safety has to be considered. What is the city's plan for traffic calming on NE 7th Avenue, NE e Avenue, and Palm Trail? The proposed traffic circle at NE I" Avenue will do nothing to calm traffic in our neighborhood. Something must be done to ensure the safety of the residents in our neighborhood. The best option would be to block off NE 7th Avenue at NE Vt Street. If this cannot be done then both roundabouts and speed bumps should be installed on NE 7th Avenue from NE Vt Street through George Bush. The project that is being proposed is just too big. I have a hard time understanding how the current density was approved when it is more units than was previously turned down many years ago. The current site plan does not fit in with the rest of the downtown area. It is more fitting for a location like downtown West Palm Beach. Please protect our village by the sea and ensure its residents stay safe. I am all for progress. It just needs to be reasonable.. Thank you, Jay Blackburn Truxell, Rebecca From: Brian Shutt <shufts4 @att.net> Sent: Friday, October 19, 2012 7:14 AM To: Truxell, Rebecca Subject: Fw: Atlantic Plaza Il - - - -- Forwarded Message - --- From; Mary Walton <marytwC@earthlink.net> To: cl nth lastri e.corn; hansen.janc@gmail , com; dreraigCspodakdental. cam; shutts4 0)att.net; esservicesI(cbgmail.corn; franciosa4delrayaaaol.com; sa45@aol.com Sent: Mon, October 15, 2012 6:36 :25 AM Subject: Atlantic Plaza II Good morning Planning and Zoning, I write you all asking you to please reject the monstrosity that will ruin Our Village by the Sea. You can't honestly sit and listen to the developer's proposal for an increase in height and density and agree that it is good and right for our small town. The original design that was approved was bad enough. and now greed and bad taste has taken over. This is a major decision that will change our downtown forever. You have heard all the citizens and neighborhoods and our very real concerns. Please listen to us who live here. Do not allow any increase. Thank you so much Mary Whittemore Truxell, Rebecca From: Brian Shutt <shutts47a att.net> Sent: Friday, October 19, 2012 7:13 AM To: Truxell, Rebecca Subject: Fw: Atlantic Plaza fyi - - - -- Forwarded Message - - -- From: Marilynn Gladstone <mbglad(cabellsouth,net> To: §Iynch@plastridge.com.; hansen janc(a gma l,.com; dreraig@spodakdental.com; shutts4gatt.net; esservices1(&gmall.com; franciosa4delray @aol.com; sa45cagol,com Sent: Mon, October 15, 2012 2 :58 :38 PM Subject: Atlantic Plaza Dear Planning and Zoning Board members We moved to Delray Beach in 1995 when it was truly the Village by the Sea. We are discouraged and dismayed by the constant attempts to turn our lovely city into another Boca Raton, We need good planning on your part, not tasteless design and terrible congestion. The permanent residents of our city deserve to be protected from the greed of a few people who do not care about our quality of life. Thank you for your consideration_ Marilynn and Bill Gladstone, 326 Palm Trail, Delray Beach, 33483. Truxell, Rebecca From: FRANC IOSA4DELRAY@a aol.com Sent: Saturday, October 20, 2012 1:13 PM To: Truxell, Rebecca Subject: Fwd: Atlantic Plaza 11 Hi Rebecca: Please make this email part of the file. Thank you Gerry From: marytw(cc$earthlink,net m,...�......�.��_ a. �.. �,, .,,.�...- .- .�,...�,..�,.,..,.� To: FRANC IOSA4DELRAY(o)aoLcom Sent: 10/20/2412 7:36:28 A.M. Eastern Daylight Time Subj: Re: Atlantic Plaza II I am shocked that you all voted in favor of such a diaster for our town. It is so short sighted. What makes Delray wonderful is our uniqueness, our small town feel unlike any other town in South Florida. and I know you voted against the project increases. and I thnak you for that Gerry. But l also know that you said we had to look to the future as this is inevitable._.. not if we have leadership that is willing to protect and defend Delray's integrity and uniqueness_ It has been done for small towns all over America_ Linfortunatly, our leadership has been seduced by development and greed. Hopefully, our Mayor and commissioners will know better. Again thank you so much Mary Whittemore - - - -- Original Message---- - From: FRANC IOSA4DELRAY(i1aol.corn Sent: Oct 15, 2012 2:40 PM To: marytwCo),earthlink.net Subject: Re: Atlantic Plaza 11 Ms. Whittemore, Thank you very much for expressing your concerns about Atlantic Plaza, I take citizen input very seriously so thank you again for taking the time to email. Regards, Gerry Franciosa In a message dated 101'1512012 6:36:24 A. M, Eastern Daylight Time, marytw@earthlink.netwrites: Good morning Planning and Zoning, I write you all asking you to please reject the monstrosity that will ruin Our Village by the Sea. You can't honestly sit and listen to the developer's proposal for an increase in height and density and agree that it is good and right for our small town, The original design that was approved was bad enough. and now greed and bad taste has taken over. This is a major decision that will change our downtown forever. You have heard all the citizens and neighborhoods and our very real concerns. Please listen to us who live here, Do not allow any increase. Thank you so much Mary Whittemore Truxell, Rebecca From: Connor Lynch <clynch @plastridge.coma Sent: Sunday, October 21, 2012 11 :06 PM To: Truxeli, Rebecca Subject: FW: Atlantic Plaza Update Please add to the City's record. Thank you, Connor C. Lynch, AIP Plastrldge Insurance Agency l wwtiv,pl strid e,carn Phone: 561.276 -5221 ext.1207 I Fax:561.276.5244 From: JamesEJIMCHAl2 @aol.com [mallto:JamesEJIMCHAR @aol.com] Sent: Saturday, October 20, 2012 5,45 PM To: JamesEJIMCHAR@aol.com Subject. Atlantic Plaza Update Atlantic Plaza Update Thank you SAFE member (Joan H) for asking me to explain what happened at the Monday evening meeting of the P & Z that she was unable to attend. I'm sorry that I hadn't communicated that info before now— especially to the members who showed up at 6 PM without having dinner and others who were forwarded copies of SAFE's previous email asking them to attend, and then sitting through a meeting that didn't address Atlantic Plaza until almost 10 PM. The meeting did not end until 11:45 PM. Atlantic Plaza was the last item on the agenda. When the meeting started the Commission Chamber was packed to overflowing. But by the time citizens had the opportunity to speak on Atlantic Plaza, almost all had left. Those individuals who remained had vested interest in the development, except for me and just a very few others. The P & Z Board approved the Rroject and now it will go to the City Commission, The next meeting cf the City Commission is on November 6 -- Election Day evening! ? i It's a bad time for the City Commission to consider such an important item and the date should be changed. I sent an email to the City Manager questioning that date, but I have not yet heard back from him. Please back- up my request by sending an email to the Mayor and the City Manager requesting a date change so that all of us can watch the election returns wmcduffie cam delra beach.com, harden m delra beach.com I'll let you know if the meeting is rescheduled. The good news is that the developers addressed some of SAFE's suggestions and other suggestions from the public re height limits and environmental concerns. Here's a recap of the changes made by the developers since the first P & Z Meeting: 1. reduced building height fronting on Atlantic Avenue and Veterans Park. Although this is not a part of SAFE's mission, your Board is very pleased. With this change, heights will tier up, and building height will be less visible from Atlantic Avenue and Veteran's Park. 2. created what SAFE describes as a "Pedestrian Village" by converting private spaces for residents to public spaces. The developer's PowerPoint presentation snowed interior spaces with sidewalk cafes, lush landscaping with shade trees, outside tables with umbrellas, storefronts with awnings, etc. I thought I was in Paris when I saw it, That's exactly what we were hoping for! 3. generously offered $150,000 hopefully toward the purchase of a 4th shuttle to improve service by reducing headway _from _a 30 minute wait for a shuttle to 8 minutes and improving weekend service as well! However, SAFE is very concerned that the CRA may not increase the shuttle fleet, but instead uses the $150,000 for something other than Atlantic Plaza infrastructure improvements. SAFE asks that the CRA fund the $100,000 operating cost of the 4th trolley since the City will not receive any of the increased property tax revenue because the property is located within the CRA District. (Note: The new shuttle fleet will be like the trolleys used in West Palm Beach and not the van type vehicles being used today that appropriately were described by Former Commissioner Gary Eliopoulos as "submarines "). Since the CRA will be realizing $2.23 million in increased property tax incremental funding every year and growing forevermore, SAFE strongly requests that the CRA pay for an addition to the fleet and commit more of the $23 million additional revenue to other Atlantic Plaza infrastructure improvements — like a new traffic signal at NE 6th Avenue and NE 1St street, and an upgraded traffic signal at Atlantic Avenue and NE 7th Avenue. The CRA, of course, supports the Atlantic Plaza verbally, but it's time for them to put their wallet where their mouth is.... 4. agreed build at least one building that. is Leadership in Energy and Environmental LEED approved. Our hats are off to those who spoke out in favor of LEED and P & Z Board Member Craig Spodak for saying in support that "you have the community asking for bike racks and green spaces and all of that ". nwevei . SAFE. is not satisfied l�l cl. aRges ndbd to be made by the clevelopex to)`.- educe the number of daily ttiic trips and irnproe facilities fir` botli`ticycligts, and pedestrians: This past Friday, I had a discussion with one of the developers to address our specific concerns. We'll have another discussion this corning week after the other zmernbers of the developer's team have been consulted. Let's hope the developers will listen to us, and further modify their plans so that roads will not be congested, and bicycle and pedestrian facilities will be improved. SAFE wants Atlantic Plaza to be something that everyone will be proud of! No one wants this project to fail. But, no one wants their quality of life in Delray Beach to deteriorate, either Jim Smith SAFE Chair "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" *YOU CANNON START, STOP, OR CHANGE COVEKAGf= VA E -MA.V Internot Eanoil Confidentiality: Friviloged /Confdentiat Ini on may be contained in this 3nessage, if you arc, not tiie addressee indicated in this mewige (or responsible for dpliuCry at the sr ess<ige to sure porson). you may not copy or deliver this message to anyone, In such case, yflu si destroy this messaga entirely aitd kindiy notify ttie sender by reply et til. Flease advise irnrnediaiely if yotl ur your umDloy�r do npt cot'sent t,; }nternef email for messages of this kind. Opinions, noncluslons and oiN i infonmati ;n in this message that do riot relate to the vtfirial business of my firm shall bsa understoA as aeithpr givers nor endnrsed by it. PALM TRAIL HOMEOWNERS' ASSOCIATION, INC. 424 Palrn Trail Delray Beach, Florida 33483 October 31, 2012 Mr. Scott D. Pape, Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Beach, FL 33444 RE: Atlantic Plaza II — Closure of NE 7th Avenue at NE 1St Street Dear Mr. Pape: Please accept this letter on behalf of the residents of the Palm Trail Homeowners Association, Inc. Along with an additional statement specific to the closure of NE 7th Avenue at NE 1" Street, we submit to you a recent resolution approved by the Board of the PTFIOA. Please make this statement a part of the official record that will be considered by the Site Plan and Review Board for the Atlantic Plaza II project. More urgently, we would also appreciate having this statement included in the City Commission consideration of the conditional uses, which is slated for November 6, 2012. The current proposal for Atlantic Plaza II, as presented privately to us and publicly to the Planning & Zoning Board, is not congruent with the profile of the City or with our neighborhood. Furthermore, this project will directly impact our neighborhood causing excessive traffic and congestion due to the density and magnitude approved, resulting in the disruption of our peace and tranquility. To protect our neighborhood from the excessive traffic and parking overflow from this development, we respectfully request the installation of a barrier to block traffic on the north side of the proposed traffic circle at NE 7th Ave and NE 1St St., which the developer has agreed to fund. This landscaped barrier would not allow traffic flow into our neighborhood via NE 7th Ave, but it would allow pedestrian, bicycle, or golf cart passage. We are not opposed to developing this area bordered by the Intracoastal, Northeast 6th Avenue (east /west), and Atlantic Avenue and Northeast 1St Street (south /north). We are opposed to the size and density of this proposed project in relation to the size and location of this parcel. This project does not complement the existing style, density and proportion of the area and it needs to be revised. It is our position that this parcel is a critical commerce area, and we agree this area needs to be re- developed into a viable development for the benefit of the City and for all adjacent neighborhoods, adding to the value of the whole area without detracting from any one area. October 31, 2012 Palm Trail HOA, Inc. Page Two We are willing to work with the developers, City officials and any related and informed parties in order to create a compatible and complimentary commerce center for the benefit of all. Thank you for your assistance in making this PTHOA statement a part of the official record. Respectfully yours, Palm Trail Homeowners' Association, Inc. /as 10 -30 -12 To Whom it may concern, 1 have had the opportunity during the past 37 years in business to live and work in several "upscale" and "°popular" markets. On 10.1 -12 1 accepted the President/ CEO position with Celsius., a public company located in Boca Raton. I knew very little about Delray Beach, but fount[ an upscale apartment building to live in; Worthing place. I fell in love with the city Delray Beach and Atlantic Ave. The area has an energy and excitement I have never seen, day in and day out. I made a decision to move out of Worthing Place this December for certain reasons. My focus was to find a place. to live and be close to my office:, It has been no easy task. The supply of duality housing i.n the Delray business district Is virtually nonexistent. I have had to broaden my search outside of the Delray Beach area, The Atlantic Plaza II development is sorely needed:, for many reasons. There is a real shortage of quality living within the area. Having a development that provides the opportunity to shop and work within the same environment is a real plus. We are anticipating growing out of our space during 2013 and Atlantic Plaza It would provide a viable option, Employees are working harder and longer than any time before. To be located where Atlantic Plaza 11 is planned, would provide an environment for any employee to take a walk to the beach or along the inter- coastal: Working in an environment; as planned at Atlantic Plaza 11, .is a true "benefit " for the employees and the employer. As a resident in Delray Beach and a business executive, I strongly urge you to approve the Atlantic Plaza It development. It would be a flagship development sorely needed in a great community. Sincerely, t Gerry David President and CEO Celsius, Inc. , 2424 North Fer ev l Highway • Suite 208 • Boca Baton, Horida 33431 office 561 _276.2239 fax 561 ,276.2268 VVVV .edsiL €s.coi71 Truxell, Rebecca From -, Richard Straus <richie33483 @gma11.com> Sent: Thursday, September 20, 2012 5:42 PM To: PZmaii @MyDelrayBeach.com Cc: richie33483 @grmail.com Subject: request for density use change to:Planning and Zoning Department Delray Beach Re: increase of Density "Atlantic Plaza II Sirs: I am writing to you asking you to turn down any request for increase of density at the Atlantic Plaza development because I am of the opinion that there will be too much auto traffic in an area that is now too congested. The fact of a 4 lane street going to a lift bridge in itself has created a huge traffic backup and all the problems that go with the backup. Adding additional access and additional auto counts created by the asked for density increases will only further exacerbate all the bad conditions. If you do wish to grant the variances then ask for a complete parking and traffic study from the builders. If the study convinces you to grant the variances then I ask that there be no traffic cuts on Atlantic ave and 6th ave. This should help the traffic flow on Atlantic Ave Thank you. Richard Straus, SO East Rd, Delray Beach FL 33483 Truxell, Rebecca Prom: Jack Wilson <jackneff @yahoo.com> Sent: Monday, September 17, 2012 9:07 AM To: PZmail @MyDelrayBeach.com Subject: Fw: Palm Trail Association - important meetings regarding Atlantic Plaza 11 Attachments: notice,jpg We do not belong to the Palm Trail Association but they were nice enough to include us in this email. We just want to voice our concern about making exceptions to the building codes except for grandfathered items. New buildings and developments should obey every item especially if the only reason to violate it is make more money for the builderldeveloper. In regards to increasing tax revenue, that requires one to be able to predict the future and recent events have shown that few are very good at that. Sincerely, Jack and Jeanette Wilson 827 NE 5th St. - ---- Forwarded Message - - -- Prom: "iiindgren7 @com cast. net' <jFi r dg ren7 comcast.net> To; reed.websteracomeast.net; beng20020-aol.com; bforman formanca .com; drbob232((Dgmail.com; rosa rentalsb ehristo h.com; siorgensenftwackenhut_g4s.com; lubawking(laol.com; bsperrys(c comcast.net; mariekavc ahoo.com; debgl92ta"�.aol.com; iennforman0Dme.com; PRFARNUMi OL,COM; malonea&mscogroup.net; LPfarnumCc7aol.com, ruth hayhoeasympatico.ca; sam(cD-sambierstock_com; wihPrnindsprinci com; ibis22@bellsouth.net; lifeforce59 msn.com; bgucciardo g-scarlettgucciardo.com; Kevin (cQistourinc7 com; jackrn firstlantic.com; taylorstx(d)yahoo.com; 'enshumwa aol.corn; walterlinde(alme.com; adriaenssensw cd(c,aal. com; 'act knellayahoo. com; zramz60 ftellsouth, net; elod3 ahoo.com; Ivruffinoa- gmail.com; lweak1e msn.com; ieffroseawacofilters.com; Tropicalawning@bellsouth,net; artisticcolorsCa-be south.net; Tom a(�,rnacmNanstanley.com; carol macmillanstanle .com; cornett.sarah mail.com; claudiahehner@gmail.com; stevemiskewprisreal #y.cam; S swank@bellsouihnet; c 1t awabe aoLaom; michgui. C yahoo.com; adrianakov mail, cam; gdurkin333.Qyahoo.ccm; rex(Drexblazercom; RRIDGLEYSa,aol.com; 'oann earl comcast.net', jay blackbum cQyahoo.com; trishiacobson mac.com; rnsinger@soyer.net; annamonab bellsouth.net; madonnai(a aol.com; cowshorses aol,cam; abinderapetairways.com; sherica7hazeltinelaw com; mbglad(a belisauth. net; Gor526 aol.com; mvt21.01_(agmail.com; ecqv2 earthlink.net; sand becp_msn.com; pf32 Anetzero.com; mart aearthiink.net; OnestargaVzerC@aol.com; A ersico msn.com; Wersicv aol.com; Victoria L abellsauth.net; beachedboat(a)msn.com; janetl l aearthlink.net; iohn.lindgren(@,aphi o.com; jlindgren7 c(�camcast.net; tromano sta,net; a.lb8.19(cr7.bellsouth.net; simpdrb@bellsouth,net; Feldman4abellsouth,net; tmshumway&aol.com; drmoroco(c morocoorthodontics com; eileeneepstein Vahoo.com; happyforever@mac.com; maryalbert @bel,lsouth.ne #; kkubersk @bellsouth.not Valerie.Granfi mail.com; js()a silbersteinarchitect.com, frankyargaP- bellsouth. net; costello2rnydelraybeach.com; Robert@frankfloor, om; Janbellis a_beIlsouth_net; gigirr3ankaff(c�gmail_com; christoph (a� rentals bychristo ph, com; ehil'12003(a�yahoo. com; svfoffice bellsouth,net; ebm432 @yahoo.com; annswank425Qyahoo.com; haynesroad@gmail.com; ludy(c iudycraig.com; ieanne varle hotmail.com; jcalhoun561 Qgmail,cem; bimparfinke](cbaol.com; SAUNDER5 (d)mydelraybeach.com; bettyackCc7me.com; cg@constanc hobbs.com Sent: Sunday, September 16, 2012 11:31 PIV[ Subject: Palm Trail Association - important meetings regarding Atlantic Plaza 11 Hello neighbors, We wanted to pass along an important notice of upcoming Planning & Zoning Board and City Commission meetings regarding the new Atlantic Plaza ll. It looks like the conditional use requests are different from what the neighborhood associations were informed of in the past as far as density and building heights. We need to make sure this new mixed use development impacts our neighborhood in the best ways possible. The best way to do this is stay informed by attending these meetings and voicing any concerns we may have. Please see the attached notice for these important meeting dates. Thanks, Shari Lindgren and Cory Cassidy Pape, Scott From: Glenna Hogan -e-glennahogan @gmail.com> Sent: Friday, September 14, 2012 3:33 PM To: Pape, Scott Scott Pape Planning & Zoning Dept. City Hall 100 NW Ist Ave. Delray Beach, FL 33444 Re: Public Notice #2012 --182 Sir Thank you for advising me of the meeting regarding the above. First, September 24 is an early date for this meeting. The majority of northerners are not back in the city and are not aware of this meeting and of your additional requests. Such a meeting should not be held until November 2012. Second, I am not in favor of the two additional requests and feel certain I speak for the other shareholders (Barclay House, Inc.) who are not here. The building height for this project was already too high. Third, our fun -sized town will no longer exist. No longer a village by the sea. No longer unique. More traffic- inability to cross Atlantic Ave. bridge which presently ties up traffic on both sides. Visitors who see Atlantic Plaza for the first time comment on the beauty and are shocked when I say it is going to be demolished. I realize my comments will have little effect but loving Delray Beach as I do and living two blocksfrom this area , I feel I must express my opinion. Thank you for allowing me to do so. Glenna Hogan 715 NE Ist Court 02/13/2010 09:41 FAX CA001 /001 C / ! / �rr }Aeor Pape, Scott From: Truxell, Rebecca Sent: Friday, September 21, 2012 8:34 AM To: Connor Lynch (clynch pIastridge.com); dreraig @spodakdental.com; 'jsnider@sequil.com' Cc: Pape, Scott; Dorling, Paul; McDonnell, Mark Subject: FW: Monday 9124 meeting thoughts Gentlemen: Thank you for the email below. I have forwarded it to the Senior Planner for this project, Mr. Scott Pape and it will be entered into the file and be sent to the Board members prior to the meeting Monday night. Please let me know if you have any questions or comments, Rebecco Truxell Administrative Assistant /Secretary to 5PPA13 Interim Secretary to the Planning & Zoning Board and Historic Preservation Board Planning 4 Zoning llepartment City of Delray Beach 100 NW 1st Avenue belray Beoch, FL 33444 Phone; 561243.7040 Fax: 561.243.72.21 truxel le mydeiraybeach.com From: Connor Lynch [maflto,clynch @plastridge.com] Sent: Thursday, September 20, 2012 9:55 PM To, Truxell, Rebecca Cc; 'Craig Spodak' Subject, FW: Monday 9]24 meeting thoughts Rebecca, Please see the comments below for the record and to be included at our upcoming meeting. Thank you, Connor C. Lynch, AIP Plastridge Insurance Agency I y�.w .. laastr;idqe.cr rri Phone: 561.276 -5221 ext.1207 I Fax:561.276.5244 From: Joe Snider [mailtoJsnider(a7sequil.com1 Sent: Thursday, September 20, 2012 9 :49 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: jsnider @5equil.com Subject: Monday 9/24 meeting thoughts Hey Craig and Connor, I hope this finds you both well. Unfortunately, I will be out of town on business for the Monday 9/24/12 P &Z meeting. But I wanted to just offer some public comment. I know due to Sunshine laws, you guys can't respond or have a dialogue. Almost 4 years ago I served on the City's Green Task Force. One of our recommendations was to adopt a green building ordinance that would contain language to incentivize and J or require green building. This is very standard practice in municipalities all over the country. Our Task Force Report (www.sustainabledeIray.org) provides many resources, and in the 4 years that have passed since we authored the report, there are countless other references. As far as 1 know, little or no work has been done to develop or implement this recommendation. i am writing to encourage the Cityto take some action to incentivize, encourage, or even require the Atlantic Plaza project include green certification. Delray is literally on the cusp of being a model green city for not only Florida, but for the country. With its walkable downtown, 4 green hotels (Seagate, Colony, Sundy House, and Hyatt Place), a green school (Plumosa elementary), a certified green office downtown (5equil systems), and a soon to be built green dental clinic, plus entrepreneurial businesses like the Delray Downtowner, Delray could literally be a hotbed for green tourism and a green economic development. With so much momentum and so much of the backbone for sustainability in plate, it would be a huge asset to the City to have Atlantic Plaza be a green project. Municipalities quite often offer density bonuses to projects committing to LEED or other green building certification. It is my understanding that the Atlantic Plaza project is asking for such a "conditional use." Put it another way: the Developer is asking for something, and it is not unreasonable to ask for something of value to the City in return. Again, it is common practice to offer the types of things the Developer is asking for to incentivize green building. 1 am urging the City to explore the possibilities in this area, as I personally feel given the huge growth in sustainability and green building, that Delray would almost be "conspicuous in its absence" if a project of this scale were to be completed in the core of our downtown and NOT be green. What a huge opportunity to take Delray to another level. I can't make the P &Z meeting on Monday, but wanted to offer some comments. Sincerely, Joe Snider JOSEPH R. SNMFR, AiA 1EE0 AP BID +E I SEQUIL Systems, Inc. I I SF 41h Ave, Sulte 205, [)elray Beach, Ft..:3348S I a SEEP G0fdafffc ? 1 (561.)921- 0900 910ke tts on Faceuook =,= folluw us can l "wvlher `YOU CANNOT START, S7t?i , OR CFIANQE COVERAGE VIA &MAV Internet Email cotlfidend,t.i Py: FrlviiejeifCrm itlentiai Information may 1>e conta3 ried in this message. If you are not (he addressee indr;atod in !hIs rn raga: (or responsible for delivery of 11.1a massage to such Person), you may not copy or deliver this message to anyone. In such case, you should desiroy this rnassarie e ntirety and kindly notify the Bender by reply email Please advise h erne diately ii' yzsu or your employer do not oonsent to tnterrrwt entail for rnessages or -this kind. Opinions, �,ondusioos and c�ther trdormatlon in this messago that do not relate to ttr raf my firm shalf iae r.rnr?erstoart as rreithergiven nor endorsed by it. Truxell, Rebecca From: Truxell, Rebecca Sent: Friday, September 21, 2012 11:31 AM To: Connor Lynch (clynch @plastridge.com); dreraig @spodakdental.com; jsnider @sequil.com Cc: Pape, Scott; Dorling, Paul; McDonnell, Mark Subject: FW: Monday 9124 meeting thoughts Attachments: image001,png; ]mage002.jpg This additional email will also be included. However, please be advised we cannot open the attached images. Rebecca Truxell Administrative Assistant /Secretary to SPRAB Interim Secretary to the Planning & Zoning Board and Historic Preservation Board Planning & Zoning Department City of Delray Beach 100 IOW 1st Avenue Delray Beach, FL 33444 Phone: 561.243.7040 Fax: 561.243.7221 truxell @mydelraybeach.com - - - -- Original Message---- - From: Connor Lynch [mailto:clynch @plastridge.coml Sent: Thursday, September 20, 2012 10,08 PM To: Truxell, Rebecca Cc: Craig Spodak (dreraig @spodakdental.com) Subject: FW: Monday 9/24 meeting thoughts Rebecca, Please also include the email below for the record. Thank you, Connor From: Joe Snider [jsnider @sequil.com] Sent: Thursday, September 20, 2012 10:04 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: jsnider@sequil,com Subject: RE: Monday 9/24 meeting thoughts Gne final note, and then I'll leave you both alone—for some perspective, if this project were being built in downtown Miami, it would actually be required by the City to be LEED Silver certified, so municipalities definitely can do this. As always, thanks for listening... Take care, Joe JOSEPH R. SNIDER, AIA, LEED AP BD + C j SEQUIL Systems, Inc. From: Joe Snider [ mailto: jsnider@ sequil. com <mailto :jsnider@sequil.com >] Sent: Thursday, September 20, 2012 9:49 PM To: Craig Spodak DMD,PA; Connor Lynch Cc: jsnider @sequil .com <mailto:jsnider@sequil.com> Subject: Monday 9/24 meeting thoughts Hey Craig and Connor, I hope this finds you both well. Unfortunately, I will be out of town on business for the Monday 9/24/12 P &Z meeting. But I wanted to just offer some public comment. I know due to Sunshine laws, you guys can't respond or have a dialogue. Almost 4 years ago I served on the City's Green Task Force. One of our recommendations was to adopt a green building ordinance that would contain language to incentivize and / or require green building. This is very standard practice in municipalities all overthe country. Our Task Force Report ( www. sustainabledelray. org< http : / /www.sustainabledelray.org >) provides many resources, and in the 4 years that have passed since we authored the report, there are countless other references. As far as I know, little or no work has been done to develop or implement this recommendation, i am writing to encourage the City to take some action to incentivize, encourage, or even require the Atlantic Plaza project include green certification. Delray is literally on the cusp of being a model green city for not only Florida, but for the country, With its walkable downtown, 4 green hotels (Seagate, Colony, Sundy House, and Hyatt Place), a green school (Plumosa elementary), a certified green office downtown ( Sequil systems), and a soon to be built green dental clinic, plus entrepreneurial businesses like the Delray Downtowner, Delray could literally be a hotbed for green tourism and a green economic development. With so much momentum and so much of the backbone for sustainability in place, it would be a huge asset to the City to have Atlantic Plaza be a green project. Municipalities quite often offer density bonuses to projects committing to LEED or other green building certification. It is my understanding that the Atlantic Plaza project is asking for such a "conditional use." Put it another way: the Developer is asking for something, and it is not unreasonable to ask for something of value to the City in return. Again, it is common practice to offer the types of things the Developer is asking for to incentivize green building. I am urging the City to explore the possibilities in this area, as I personally feel given the huge growth in sustainability and green building, that Delray would almost be "conspicuous in its absence" if a project of this scale were to be completed in the core of our downtown and NOT be green. What a huge opportunity to take Delray to another level. I can't make the P &Z meeting on Monday, but wanted to offer some comments. Sincerely, Joe Snider JOSEPH R. SNIDER, AIA, LEED AP BD + C I SEQUIL Systems, Inc. ) 1 SE 4th Ave, Suite 205, Delray Beach, FL 33483 1 a LEED Gold office 1 (56 1) 921 -0900 [ cid: image001,png@01CD977B,DAB48E501 <http : / /www.facebook .com /pages /sequil- Systems- Inc/168686029862769 >Like us on Facebook [ cid: image002. jpg@ OICD977B ,DAB4BE50] <http: / /twitter.com / #! /sequil> Follow us on Twitter 72 5E 6TH AVE,UNIT J, DELRAY BEACH, FL 33483 203 °756 -7704 EVAT . W1L0AIV1_J_TYLEOQSBCGLOBAL.NI =T September 21, 2012 Delray Beach Zoning Board To whom it may concern, We moved to Delray a couple of years ago. We liked the area because of it's old Florida look and appeal. Buildings under four stories, relatively low density living, quaint shops and restaurants. I'm assuming the builders, who are taking over the property next to the Colony Hotel, felt the same way. They want to invest here. Then why change 'it! City planners and zoning boards are in place to protect the property owners and to maintain the look and feel of an area. You want the city to grow and prosper, but not at the expense of loosing it's character. If you change the regulations every time a project is proposed; there is no point to having a zoning board, Sincerely yours, Bill & Shelley Tylec E C E -- 11 VA �Pa ad a 9�maL ' SEE - 2012 928 cJ uuZ St CF-Et ��rhr1'orz nrz 03257 PANNING &ZONING -plo-vi vi ,(r�3 VYC v a VF IAL°iYvat �- `Y jib �' cam" [. k t F'fl T--�,CLW "C- ����a Truxell, Rebecca Prom: Pakaufman <pakaufman @earthlink.net> Sent: Sunday, October 14, 2012 12 :31 PM To: JamesEJIMCHAR @aol.com; Maggie Giannoules Cc: Connor Lynch; hansen.jane @gmail.com; dreraig @spodakdental.com; shutts4 @att.net; esservicesl @gmail.com; franciosa4delray @aol.com, sa45 @aol.com Subject: Re: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan., Jim, I so agree with you. I am sorry with the latest articles that I have read the assumption was that it was a done deal. The monster is far to large and aggressive for our wonderful small town of Delray Beach. Yes we always need more taxes to meet the needs of our citizens as all towns do. But this monster not only tax our traffic and draw us away from the pedestrian, bike friendly city that we have been going for over the past many years. Did our city officials not learn from Worthington Place. That building is still mostly empty. And is huge!! It was proposed to be a great asset to our town bring residences that would utilize our town businesses and grow the business base. In this economic times where do they even think the buyers /businesses are going to come from. We have condos and store front siting empty now. I am a local resident owning and living here in Old School Square, my son and I moved here almost 20 years ago. He is a paralized vetl quad. We so enjoy this town and the community that we have. Traffic does get quit heavy during season making it difficult for him to get around in his wheel chair. I worry everytime he ventures out by himself to the bank or barber. Our city has grown and changed since we moved into our historic houses. Most of the bums are gone, it is much safer, the hookers have moved on (most of them). Have we over built already ?? We are loosing our quaint village by the sea appeal. If the developer most build, let it be a carry over of what we have quaint, family and community friendly. We are not Palm Beach or Boca Raton with all their massive buildings and streets that look like canyons. We are a village by the see. Your truly, Pat Kaufman 235 NE 1 Ave. Delray Beach, Fl. 561- 272 -4260 - - - -- Original Message---- - From: JamesEJIMCHAR @aol.com Sent: Oct 14, 2012 11:3$ AM To: JamesEJIMCHAR @aol.com Subject: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Be Alert to the Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic rK.111ti -111i1� I urge you to find out about the developer's latest plans and express your own opinion by attending the Planning & Zoning (P &Z) Board Meeting that will be held tomorrow (Monday) in the City Commission Chambers (located on the I5t floor of City Hall). The meeting will begin at 6 PM. You will be given 3 minutes to voice your opinion to the Board. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), I will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCEA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 150' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. • + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5 -year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. + 400 trips (a very conservative estimate). Since the center now has an extremely high number of vacancies, there should be an adjustment for this, too, since the study determines traffic count based on square feet whether or not it is occupied. SAFE approximates this adjustment would reduce the estimated current number of daily trips by 400 1,000 in the base year: therefore, under reporting the number of additional daily trips by the same amount, + 386 trips. Another overstatement of the current number of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's Traffic Impact Study, but 4,763 daily trips, or 94% more than the number reflected in the applicant's provided study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "locked -in" location and the ma itude of the discrej?anev in the real number of additional daily trips that SAFE has identified traffic must be mitigated, otherwise the project should be downsized. Below is a partial list of possible Transportation Demand initiatives (TDMs) that could mitigate the number of traffic trips: • Atlantic Plaza employers should charge Atlantic Plaza employees $5/day for parking and provide a transit subsidy for those taking public transportation. The City of Boca Raton has done this successfully reducing the number of trips by 5% and more. The Atlantic Plaza location is immediately adjacent to the number 1 bus line in all of Palm Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza. • The developer should pay for anew trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and Implement a $10 /month Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE strongly believes that the development and implementation of TDMs should be considered for this site. TDMs are an effective, proven way, of mitigating traffic, On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 12' wide, not 7' wide as rumored; and the sidewalks on both NE 7th Avenue and N 1St Street be 8' wide (as per today's code), not 5' wide as rumored. Sidewalks, like diamonds - are forever! Once built, a 5' sidewalk probably won't be widened the future. Anyone who has ever walked the Atlantic Avenue sidewalks, where sidewalk restaurant seating proliferates, knows that the 5' space left for pedestrians is not adequate for two directional pedestrian traffic. Instead, the sidewalk is more akin to being an obstacle course. SAFE urges the applicant to consider ways of mitigating traffic, and to provide sidewalks wide enough to accommodate future pedestrian traffic. Please attend the P & Z Board Meeting, the Site Plan & Appearance Board Meetings, and the subsequent City Commission Meetings concerning Atlantic Plaza. You do have a voice! Use it, don't let others decide. Jim Smith SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: If you are unable to attend tomorrow's meeting, you may send an email to the P & Z Board Members: el nch (kplastrid e.com, hansen.iane a)gmail.com, drerai g g-� spodakdental . com, shutts4(u,att.net, esservices I a),gmail.com, franciosa4delray aol.com, sa45n,aol.com www.patkaufmanart.com Truxell, Rebecca From: Sent: To: Subject: More correspondences shutts4 @att.net Sunday, October 14, 2012 8:28 PM Truxell, Rebecca Fwd: Atlantic Plaza project Thnx, Thuy. Sent from my HTC InspireTM 4G on AT &T - - - -- Forwarded message - - - -- From: "Jay Blackburn" <igK blackburnL&,yahoo.com> To: <clynch ,plastridge.com >, <hansen.jancgginail.com >, <drecrraig(aaspodakdental.com >, <esservicesingmarl conk >, <franciosa4delrayaaol..com >, <sa45 (a,aol.com> Cc: <pyburn mydelraybeach.com >, <truxeli a)rn delra beach.con-l> Subject: Atlantic Plaza project Date: Sun, Oct 14, 2012 7:15 pm Hello- <shutts4rt)�att. net >, My name is Jay Blackburn. My wife, Wendy, and I live at 701 NE 2nd Street. My house is on the NE corner of NE 2nd Street and NE 7 c Avenue. We have lived at this location for over 8 years and have lived in Delray Beach for 17 years. I am writing you to voice my concerns regarding the Atlantic Plaza project. First let me say that we would like to see something done with the property, just not what is currently being proposed. The site plan that was approved many years ago was much more reasonable with less than 200 units. My biggest concern is the inevitable increase in traffic in my neighborhood. The intersection my house is on, which is a 4 way stop, already has significant traffic with people using NE 7th Avenue as a "cut through" to avoid Federal Highway. Most people do not bother stopping at the stop signs. There have been many times when the Delray Beach Police parked in front of my house to pull people over for blasting through the intersection without stopping. They usually pull over a car in less than 2 minutes of sitting in front of my house and pull many cars over in a short period of time. Having over 400 units in Atlantic Plaza with the parking deck on NE 1" Street will mean that we will see a huge increase in traffic. Our neighborhood cannot handle this additional traffic. It will not be safe and someone is bound to get hurt. There are always people walking around the neighborhood with their dogs, children, family, and friends. Their safety has to be considered. What is the city's plan for traffic calming on NE 7th Avenue, NE Bch Avenue, and Palm Trail? The proposed traffic circle at NE 1" Avenue will do nothing to calm traffic in our neighborhood. Something must be done to ensure the safety of the residents in our neighborhood. The best option would be to block off NE 7th Avenue at NE 1St Street. If this cannot be done then both roundabouts and speed bumps should be installed on NE 7th Avenue from NE 1St Street through George Bush. The project that is being proposed is just too big. I have a hard time understanding how the current density was approved when it is more units than was previously turned down many years ago. The current site plan does not fit in with the rest of the downtown area. It is more fitting for a location like downtown West Palm Beach. Please protect our village by the sea and ensure its residents stay safe. I am all for progress. It just needs to be reasonable. Thank you, Jay Blackburn Truxell, Rebecca From: Brian Shutt <shutts4 @att.net> Sent: Sunday, October 14, 2012 4:13 PM To: Truxell, Rebecca Subject: Fw: AtlanticAve development fyi, thnx Thuy - - - -- Forwarded Message - - -- From: JoAnna Brandi <ibrandi(a bellsouth.net> To: "shutt:Wdatt.net" <shutts4 @att.net> Sent: Sun, October 14, 2012 4 :02:21 PM Subject: AtlanticAve development SAFE urges the applicant to consider ways of mitigating traffic, and to provide sidewalks wide enough to accommodate future pedestrian traffic. Please consider what SAFE is recommending. I am concerned about Delray's future. JoAnna Brandi Delray Beach resident Sent from my iPad RE: Atlantic Plaza 11 Development Project We, the undersigned are unit owners and residents of Barr Terrace, 50 East Road, Delray Beach, FL. We oppose increasing the density of residential units referenced above from 30 units to 51.10 units per acre and we oppose allowing the building height of the project to be extended from 48 feet to a maximum of 60 feet as proposed. C A 4/s �9 J PJL JA� cF . UNIT # QF (oil t R �/7 �,Q��� � � e L ��ia Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic concerns. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), I will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCEA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 150' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: • + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. 'Help Florida become the R asst motorist, pedestrian and bicyclist friendly state in the USA" Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic concerns. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), 1 will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCFA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCFA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 1 50' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: • + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. Sidewalks, like diamonds - are forever! Once built, a 5' sidewalk probably won't be widened the future. Anyone who has ever walked the Atlantic Avenue sidewalks, where sidewalk restaurant seating proliferates, knows that the 5' space left for pedestrians is not adequate for two directional pedestrian traffic. Instead, the sidewalk is more akin to being an obstacle course. SAFE urges the applicant to consider ways of mitigating traffic, and to provide sidewalks wide enough to accommodate future pedestrian traffic. Don't forget to attend the Site Plan & Appearance Board Meeting, and the subsequent City Commission Meetings concerning Atlantic Plaza. You do have a voice! Use it, don't let others decide. Jim Smith . SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Atlantic Plaza II Planning and Zoning Board Memorandum Staff Report SAFE Recommended Changes are Underlined With said approvals to be subject to the following conditions: 1. Approval of a site plan by SPRAD that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to multiple functions be addressed. 3. That the applicant contributes to the cost (not to exceed $150,000) of a fourth shuttle bus to the City (increasing the fleet to four trolleys) and details of a shuttle stop in the development be finalized during the site approval process. Also contingent upon the CRA agreeing_ to pick up the cost of all future trolley operations. 4. That modifications to NE 7th Avenue and NE 1St street and funding of a traffic signal at NE 6nd Avenue and NE 1St street be considered during site plan approval to reduce concerns over encroachment into the neighborhoods from this site. That the applicant will share half the cost of the traffic signal, if the CRA provides matching funds. NE 1st street g _ should have a_dedicated right turn lane heading west at NE 6th Avenue. „ 5. That a written finding of concurrency approval from the School be submitted. 6. That the location of the bus shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. Also, that the applicant provides secure bicycle room storage for the use of the residents and tenant employees, contingent upon the City agreeing to reduce the number of parking space required by_ he space needed for bicycle room storage._ Please see, attached Indoor Parking Plan Proposal. 8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 8. That a 1 minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances. 9. That a dedication of 7 feet be provided for Atlantic Avenue east of NE 7th Avenue only if the applicant B 7t Avenue and NE able h pefor 1 sit minimum sidewalk widths of 12' on Atlantic Avenue, and 8' on both NE 10. That the -applicant pay half the cost, if the CRA provides matching funds, for a new pedestrian traffic signal, crossing Atlantic Avenue, close to the boundary with Veteran's Park. 11. That the P & Z Staff meet with the FDOT and PBC Traffic Engineering to explore ways of reducing-daily traffic-trips. Please see the two attached emeils from FDOT volunteering, to help. 12. That the P & Z Board directs the applicant to address all the concerns of the Citizens. ATLANTIC PLAZA INDOOR BICYCLE PARKING PLANNING PROPOSAL PLANNING YOUR BIKE STORAGE ROOMS A bike storage facility at your condo, apartment complex, residence or workplace can be one of the most used areas on the property. More people are using cycling as a way to stay healthy, save money, and stay out of traffic jams. Because of the increased numbers of bicycle commuters, there is a rising need and responsibility to provide adequate bike parking at your facility. Having the right plan for your Bike Room will ensure it is a convenient and efficient space to store bicycles securely. LOCATION The right location can ensure convenience as well as added security. Locate the room near an exit and avoid any steps or narrow hallways cyclists would have to navigate. Handicap accessible doors can be helpful for getting bikes into the building. if you have an automatic door already, try to utilize it as a bike entrance. FLOOR PLAN Although you may be tempted to fit as many bikes as possible in the space, not providing enough walkway space in the room can make it difficult to move and park bikes. A 5 to 6 foot. walkway is ideal, but where space is tight, a 48 -inch minimum is recommended. As seen in the sample floor plans below, a 6 inch clearance from the wall is recommended to provide adequate space for bikes in the last bike position adjacent to walls. While mechanical fixtures like low hanging pipes, support beams, and electrical or plumbing access points may not always be present, proper planning can make sure affected space is efficiently utilized. Reference the product features chart on this page for footprints, ceiling height minimums and other details. SECU RITY Limiting the access of the Bike Room to authorized users will drastically reduce the possibility of theft. If the site is in an open space, like a parking garage or warehouse, a chain link cage can be a simple, low cost solution to add security. Be sure the site has adequate lighting and consider the use of security cameras. A well - planned Bike Room that is secure, convenient and easy to use will encourage more people to ride. If you would like assistance planning a Bike Room or to get a quote, fill out a quote form online, send an email to prkmgr @sarisparking.com, or call 1 -800- 783 -7257. The reverse side of this page shows 3 different size bicycle storage room layouts. Truxell, Rebecca From: Economic Solution Services Inc <esservices1 @gmail.com> Sent: Monday, October 15, 2012 4:53 PM To: Truxell, Rebecca Subject: FW: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Received this Derline Pierre -Louis Economic Solution Services, Inc "Solution for Your Financial & Tax needs" 322 NW 1st Ave Delray Beach, FL 33444 (561) 251- 1265(P) (866) 923 -0403(F) esservicesl @gmail.com www.economicsolution.org IRS CIRCULAR 234 NOTICE REQUIREMENTS. Any tax advice expressed above was not intended or written to be used, and cannot be used, by any taxpayer to avoid U.S. federal tax penalties. This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e -mail. From: JamesEJIMCHAR @aol.com [mailto:JamesEJIMCHAR @aol.com] Sent: Sunday, October 14, 2012 11:44 AM To: JamesEJIMCHAR @aol.com Subject: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Be Alert to the Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic concerns. I urge you to find out about the developer's latest plans and express your own opinion by attending the Planning & Zoning (P &Z) Board Meeting that will be held tomorrow (Monday) in the City Commission Chambers (located on the 1St floor of City Hall). The meeting will begin at 6 PM. You will be given 3 minutes to voice your opinion to the Board. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), I will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCEA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 150' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. • + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5 -year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. • + 400 trips (a very conservative estimate). Since the center now has an extremely high number of vacancies, there should be an adjustment for this, too, since the study determines traffic count based on square feet whether or not it is occupied. SAFE approximates this adjustment would reduce the estimated current number of daily trips by 400 — 1,000 in the base year: therefore, under reporting the number of additional daily trips by the same amount, • + 386 trips. Another overstatement of the current number of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's Traffic Impact Study, but 4,763 daily trips, or 94% more than the number reflected in the applicant's provided study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "locked -in" location and the magnitude of the discrepancy in the real number of additional daily trips that SAFE has identified, traffic must be mitigated, otherwise, the project should be downsized. Below is a partial list of possible Transportation Demand initiatives (TDMs) that could mitigate the number of traffic trips: • Atlantic Plaza employers should charge Atlantic Plaza employees $5 /day for parking and provide a transit subsidy for those taping public transportation. The City of Boca Raton has done this successfully reducing the number of trips by 5% and more. The Atlantic Plaza location is immediately adjacent to the number 1 bus line in all of Palm Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza. • The developer should pay for a new trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and • Implement a $10 /month Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE strongly believes that the development and implementation of TDMs should be considered for this site. TDMs are an effective, proven way, of mitigating traffic. On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 12' wide, not 7' wide as rumored; and the sidewalks on both NE 7th Avenue and N 1St Street be 8' wide (as per today's code), not 5' wide as rumored. Sidewalks, like diamonds - are forever! Once built, a 5' sidewalk probably won't be widened the future. Anyone who has ever walked the Atlantic Avenue sidewalks, where sidewalk restaurant seating proliferates, knows that the 5' space left for pedestrians is not adequate for two directional pedestrian traffic. Instead, the sidewalk is more akin to being an obstacle course. SAFE urges _the gpplicant to consider ways of mitigating traffic, and to provide sidewalks wide enough to accommodate future pedestrian traffic. Please attend the P & Z Board Meeting, the Site Plan & Appearance Board Meetings, and the subsequent City Commission Meetings concerning Atlantic Plaza. You do have a voice! Use it, don't let others decide. Jim Smith SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: If you are unable to attend tomorrow's meeting, you may send an email to the P & Z Board Members: clynch(o astride.com, hansenjancoa gmail.com, dreraig(a,spodakdental.com, shutts4 a)att.net, esservices l @gmail.com, francio sa4delray_naol . coin, sa45 gaol.com Truxell, Rebecca From: Economic Solution Services Inc <esservices1 @gmail.com> Sent: Monday, October 15, 2012 4:53 PM To: Truxell, Rebecca Subject: FW: SAFE Recommended Changes to Atlantic Plaza Memorandum Staff Report Attachments: Bike Storage Proposal.pdf; Emails from FDOT.docx 1 received this Derline Pierre -Louis Economic Solution Services, Inc "Solution for Your Financial & Tax needs" 322 NW 1st Ave Delray Beach, FL 33444 (561) 251- 1265(P) (866) 923- 0403(F) esserviceslC@email.com www.economicsolution.org IRS CIRCULAR 230 NOTICE REQUIREMENTS. Any tax advice expressed above was not intended or written to be used, and cannot be used, by any taxpayer to avoid U.S. federal tax penalties. This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. From JamesEJIMCHAR(&aol.com [mailto:JamesEJIMCHAR@aol.com] Sent: Sunday, October 14, 2012 3:12 PM To: Hansen.janc(&g_mail.com; dreraiq @spodakdental.com; shutts4 @att.net; clynch @plastridge.com; esservicesl @gmail.com; franciosa4delray @ao_I com; sa45 @aol.com Subject: SAFE Recommended Changes to Atlantic Plaza Memorandum Staff Report Atlantic Plaza 11 Planning and Zoning Board Memorandum Staff Report SAFE Recommended Changes are Underlined With said approvals to be subject to the following conditions: 1. Approval of a site plan by SPRAD that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to multiple functions be addressed. 3. That the applicant contributes to the cost (not to exceed $150,000) of a fourth shuttle bus to the City (increasing the fleet to four trolleys) and details of a shuttle stop in the development be finalized during the site approval process. Also contingent upon the CRA agreeing to pick up the cost of all future trolley operations. 4. That modifications to NE 7th Avenue and NE l" street and funding of a traffic signal at NE 6nd Avenue and NE 1St street be considered during site plan approval to reduce concerns over encroachment into the neighborhoods from this site. That the applicant will share half the cost of the traffic signal, if the CRA provide matching funds. NE 1 St street should have a dedicated right turn lane heading west at NE 6th Avenue. 5. That a written finding of concurrency approval from the School be submitted. 6. That the location of the bus shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. Also, that the applicant provides secure bicycle room storage for the use of the residents and tenant employees, contingent upon the City agreeing to reduce the number of parking space required by the space needed for bicycle room storage. Please see, attached Indoor Parking Plan Proposal. 8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 8. That a 1 minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and 11 are devoted to display windows and to entrances. 9. That a dedication of 7 feet be provided for Atlantic Avenue cast of NE 7th Avenue only if the applicant is able to provide for minimum sidewalk widths of 12' on Atlantic_ Avenue,_ and 8_' on both NE 7th Avenue and I qt Ctroot. 10. That the applicant pay half the cost, if the CRA provides matching funds, for anew pedestrian traffic signal, crossing Atlantic Avenue, close to the boundary with Veteran's Park. 11. That the P & Z Staff meet with FDOT and PBC Traffic Engineering to explore ways of reducing daily traffic trips. Please see the two attached emails from FDOT volunteering to help. Note: Masoud Atefi, PBC Traffic Engineering, will be attending the meeting and be available to answer any questions that the P & Z Board may have. 12. That the P & Z Board directs the applicant to address all the concerns of the Citizens. Thank you. Best Regards Jim Smith, SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax iamesej imchar(a7aol. cam "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Truxell, Rebecca From: Connor Lynch <clynch @plastridge.com> Sent: Monday, October 15, 2012 3:33 PM To: Truxell, Rebecca Subject: FW: Please consider this prior to tonight's meeting at City Hall For the record. Thank you, Connor C. Lynch, ATP Plastridge Insurance Agency I www.plastridge.com Phone: 561.276-5221 ext.1207 I Fax:561,276.5244 From: Judy Craig [mailto :judy @judycraig.com] Sent: Monday, October 15, 2012 3 :14 PM To: Connor Lynch; hansen.janc @gmail.com; dreraig @spodakdental.com; shutts4 @att.net; esservicesl@gmail.com; franciosa4delray @aoLcom; sa45 @aol.com; wmcduffie @mydelraybeach.com; carney @mydeiraybeach.com; agray @mydeiraybeach.com; frankel @mydelraybeach.com; jacquet @mydelraybeach.com Subject: Please consider this prior to tonight's meeting at City Hall Meads up, "Village by the Sea ", this Atlantic Plaza proposed development is looking more like City Place than Delray! Are they kidding? (For these who have not viewed the video attached below, please take a look!) West Palm Beach is a city, that is their vision. Delray Beach has put a lot of thought, effort and money into our Village atmosphere. It's one of the reasons we were declared "All American City" twice, and designated as "Most fun Town" recently. Some of the major issues I would like to bring up with the current proposal are as follows: Where are the building step backs? Other developers were required to graduate back as they went up, so there was not this canyon effect going up from the sidewalk. And why the need for the dramatic increase in density, from 30 to 51 per acre? That's huge! Looks like a nightmare for delivery drivers, too. Imagine Mayflower moving vans trying to get around that little circle at 1$t & 7th, delivering furniture to — what — 400 or so apartments - as well as restaurant & goods delivery trucks, beer trucks, on & on. I'm not seeing much green space either, except for Veterans Park — do they get to count that? Which by the way, will be devoid of afternoon sun if this gets built. Parking garage (not sure but seemed to be positioned on the east side of the property) appears to have the prime views of ICL? Hummm ? ?? What happens if the economy tanks & the second phase is delayed for a considerable period (of course that could never happen! — but ?) —where is phase one parking until phase two, which includes this parking garage, gets built? Why not have the parking garage built first, in phase one, positioned between Federal Hwy & 7 t Ave near 1't Street & not have all that traffic going back into the more residential area? Has anyone taken into consideration studies that point out shared parking only works in cities that depend heavily on mass transit, which we have none. I can't really foresee a large percentage of these proposed residents giving up their cars to ride the little "Downtowner" bus, even if it is free. The massive scale does not fit in with the one and two story buildings along Atlantic Avenue. (Exception is Colony Hotel, 3 stories — it adds so much charm to our Village atmosphere!) I'm sure there are other issues I have left out, but these are the ones that carne to mind during the P & Z meeting this week. Flow about someone, maybe an attorney, draft a petition that cites a valid legal issue we could use to defend our community against bad development? I'll bet if Palm Trail, and other neighborhood associations have the chance, we could mobilize to circulate it and get hundreds, maybe thousands, of signatures. I don't know anyone, with the exception of the developers, who say they are in favor of this particular massive development. We need to do more than attend P & Z meetings, it's time we mobilize. As a long time Palm Trail Association resident and Realtor in Delray Beach, I'm in favor of smart development but not massive, inappropriate development that would destroy what we have here. Delray Beach has come a long way since 1985, when I moved here. Most of it is good, and much of it was done with the community's input and support. We have a very special community, we need to keep it that way. Let's put our heads together & find a smart way to fight this project and the right way to do it, one that fits OUR Delray Beach. Let's not bow to a developer who's primary interest is their "bottom line" profit, our community can do better; we can choose to do better! This is a sincere plea for our ELECTED OFFICIALS TO DO THE RIGHT THING! Thank you Judy Craig 'YOU �A� N�31" SiAF�C.:��C)€ . OR CHANGE COVI'W GE ViA E -VIA €L" interneT Frnaii C orlfir}crtfiiality' PrivliegedlConfldential Information gray be contained in this rneseape. If you are not the addrr,ssae indic<7ted In ibis rnessagea (or revporsible for dolivery of the, mesrage to such person), you may not copy or deliver this messago Lo allyone. III sUeh Casa, you should destroy this massage o ntirely and krndly notify the writer l;y reply amail_ Please advise irr mediatoly if you or your employer do not consent to Internet eriail for messages of this kind. Oplrlians, oanciusiors and other infol mation in Vils message that do not relate t4) the of icial busirees of my fir ri shall be a.wdarstood as neither given nor endorsod by it Truxell, Rebecca From: Pape, Scott Sent: Monday, October 15, 2012 2:21 PM To: Truxell, Rebecca Subject: FW: Conditional Use Meeting P,ebecca- Please include this e -mail for the official record. Scott D. Pape, AICP, PCP Senior Planner Planning and Zoning Department 104 N.W. 1st Avenue City of Delray Beach, FL 33444 Tel. (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape(a�mydelraybeach.com From: Glenna Hogan [mailto:glennahogan@gmaii.com] Sent: Monday, October 15, 2012 2:16 PM To: Pape, Scott Subject: Conditional Use Meeting I cannot come to tonight's meeting because I was not notified. On behalf of Barclay House, Inc. shareholders (10) we are totally against this proposal. Glenna Hogan 715 N.E. Ist Court, Delray Beach, FL 33483. Truxell, Rebecca From: William Morris bill @southcp.com> Sent: Monday, October 15, 2012 1:28 PM To: Jacobson, Jay; PZmail @MyDelrayBeach.com Cc: jaysjacobson @mac.com Subject: RE: Atlantic Plaza P and Z meeting comments Thank you Jay. Safe travels. Regards, 13iC�C)Vorri.s William E. Morris Chief Executive Southcoast Partners, LLC 900 E. Atlantic Avenue, Ste 13 Delray Beach, FL 33483 E -mail: Bill@southcp.com Office: (551) 265 -1390 Mobile: (561) 441 -5754 Fax: (561) 265 -1705 www.southcp.com From: Jacobson, Jay [maiIto :jsj @woodpartners.com] Sent: Monday, October 15, 2012 12:57 PM To: Paul Dorling (pzmail@mydelraybeach.com) Cc: William Morris; jaysiacobson@mac.com Subject: Atlantic Plaza P and Z meeting comments Paul - -- please feel free to pass these comments on to the P and Z commission this evening: As you know I live along NE 8th Avenue approximately 600 yards from the proposed development. I have expressed numerous objections, along with numerous suggestions, regarding the development of this site, on various occasions over the past few years. Since the last P and Z meeting regarding the request by Atlantic Plaza (AP) for a special exception for both height and density at their proposed project known as Atlantic Plaza, I have had the opportunity to discuss their latest thoughts with a number of representatives of the AP development team and I have the following observations: 1. As I stated at the last public hearing -I have no issues with either their height exception nor density exception request. I believe that both the site and its location along Atlantic and Federal can handle the requested density and height. a. Therefore given the Cities process of allowing these two items to be debated and approved, without tying them to a specific site plan, I have no objection to either request. As a matter of fact I believe that both the increased density and height will be a positive for the development of the property. 2. What I continue to have issues with is how the proposed site plan is laid out and the impacts that the site plan can have on the adjacent neighborhoods and to the success of the project in general to wit, a. The revised site plan does a much better job of allocating both the density and height throughout the site - -- much better than their previous plan. b. The revised plan still shows the majority of residential density -300 plus units- located on the parcel west of the existing 7th avenue r.o.w. This density, in my opinion is still severely under parked. No matter that the overall parking distribution plan will eventually provide adequate parking over the entire site, as designed the existing phase 1 should have, pursuant to industry standards and practices, parking for at least 525 cars (1.75 cars per units based on their unit type distribution) plus guest parking plus an allocation for the commercial and retail. The site plan I reviewed does not account for the first phase to accommodate anywhere near that parking necessity. c. They are also proposing to close northbound 7th avenue at 1" street to compel AP traffic to utilize federal as a traffic outlet. On the face of it I agree that this will help, but, the plan should go a step further in looking at a solution to close 7th avenue completely, if possible, through the AP development — thereby compelling all traffic to be routed along Atlantic Avenue and Federal. This will allay any fears by the adjacent neighborhood of undue traffic pressure from AP. These are concerns and issues, along with a number of other details, that can be discussed and worked through at the site plan review process at the upcoming SPRAB reviews. At this time I believe that the Edwards Companies and their consultants have, in good faith, reviewed both the public and Board comments presented at the last P and Z meeting, and have addressed most of the concerns that were expressed that evening. I hope the P and Z commission will reach a positive conclusion to their request this evening. Jay Jacobson 222 NE 8th Avenue Delray Beach, FL 33483 Jay Jacobson I Director — National Acquisitions Wood Partners Please note my new contact information effective Friday. June 1. 2012: 114 NE V Avenue, Delray Beach, FL 33444 0: 561.962 -4589 1 C: 561- 716 -9687 I F :561.893.0095 isia- woodpartners.com I www.woodpartners.com Truxell, Rebecca From: Jacobson, Jay <jsj @wood partners.com> Sent: Monday, October 15, 2012 12:58 PM To: PZmail @MyDelrayBeach.com Cc: William Morris; jaysjacobson @mac.com Subject: Atlantic Plaza P and Z meeting comments Paul - -- please feel free to pass these comments on to the P and Z commission this evening: As you know I live along NE 8th Avenue approximately 600 yards from the proposed development. I have expressed numerous objections, along with numerous suggestions, regarding the development of this site, on various occasions over the past few years. Since the last P and Z meeting regarding the request by Atlantic Plaza (AP) for a special exception for both height and density at their proposed project known as Atlantic Plaza, I have had the opportunity to discuss their latest thoughts with a number of representatives of the AP development team and I have the following observations: 1. As I stated at the last public hearing -I have no issues with either their height exception nor density exception request. I believe that both the site and its location along Atlantic and Federal can handle the requested density and height. a. Therefore given the Cities process of allowing these two items to be debated and approved, without tying them to a specific site plan, I have no objection to either request. As a matter of fact I believe that both the increased density and height will be a positive for the development of the property. 2. What I continue to have issues with is how the proposed site plan is laid out and the impacts that the site plan can have on the adjacent neighborhoods and to the success of the project in general to wit, a. The revised site plan does a much better job of allocating both the density and height throughout the site - -- much better than their previous plan. b. The revised plan still shows the majority of residential density -300 plus units- located on the parcel west of the existing 7th avenue r.o.w. This density, in my opinion is still severely under parked. No matter that the overall parking distribution plan will eventually provide adequate parking over the entire site, as designed the existing phase 1 should have, pursuant to industry standards and practices, parking for at least 525 cars (1.75 cars per units based on their unit type distribution) plus guest parking plus an allocation for the commercial and retail. The site plan 1 reviewed does not account for the first phase to accommodate anywhere near that parking necessity. c. They are also proposing to close northbound 7th avenue at 15t street to compel AP traffic to utilize federal as a traffic outlet. On the face of it I agree that this will help, but, the plan should go a step further in looking at a solution to close 7th avenue completely, if possible, through the AP development — thereby compelling all traffic to be routed along Atlantic Avenue and Federal. This will allay any fears by the adjacent neighborhood of undue traffic pressure from AP. These are concerns and issues, along with a number of other details, that can be discussed and worked through at the site plan review process at the upcoming SPRAB reviews. At this time I believe that the Edwards Companies and their consultants have, in good faith, reviewed both the public and Board comments presented at the last P and Z meeting, and have addressed most of the concerns that were expressed that evening. I hope the P and Z commission will reach a positive conclusion to their request this evening. Jay Jacobson 222 NE 8th Avenue Delray Beach, FL 33483 Jay Jacobson I Director — National Acquisitions Wood Partners Please note my new contact information effective Friday, June 1, 2012: 114 NE 15 Avenue, Delray Beach, FL 33444 0: 561.962 -4589 � C: 561 -716 -9687 1 F: 561.893.0095 0s' wood partners. com I www,woodpartners.com Truixell, Rebecca From: Craig Spodak DMD,PA <dreraig @spodakdental.com> Sent: Tuesday, October 16, 2012 2:06 PM To: Truxell, Rebecca Subject: FW: Thank you Hi Rebecca - Thank you for your "overtime" last night. I know that you are stretched beyond your capabilities but I wanted you to know that the city and its residents appreciate your efforts. Anyway, I received this email from a resident last night and thought it should be disclosed. Thank you again Craig Spodak DMD, PA S P .. . <7 .R 0 E Ls 14: A T ED TO W 0 U R SM L E 4665 W8 s[ Atl nkiru Monue Delray &- ,a-ch; plwia. a 3a445 Trfl (56 t ) 498 -0050 Fa,�: (561 498-0841 Spodak Dental Group is proud to be chosen: 2010 -2011 Business of the Year Greater Delray Beach Chamber of Commerce The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notifred that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Wn Please consider the environment before printing this email From: Joe Snider [mailto:jsnider@sequil.com] Sent: Tuesday, October 16, 2012 1:53 PM To: Craig Spodak Cc: isnider @sequil.com Subject: Thank you Hey Craig, I think I am allowed to talk to you about the meeting... Just wanted to say thank you from our end for listening—we have been recommending that the City incentivize or at least encourage green building for 6 years now, and last night marked the first time anyone really listened, let alone took action. The funny thing was, they were really open to it and didn't seem to be resistant or object. But you really championed the cause and drove the discussion, explaining that there needs to be something concrete. Anyway, thanks to you and the board for taking time to understand the issue and champion the cause. Take care, Joe JOSEPH R, MDER, A@A, LEFD AP BD + C I SEQUIL Systems, lnc. 1 1. SE 41d' Ave, S(6te 205, Delray Beaclh, H- 33483 1 a d FED Gold office 1 921- 090© us on Facebook FoNow us on Twitter 2 Truxell, Rebecca From: Egle McCarthy <eglina @aol.com> Sent: Saturday, September 22, 2012 12:39 PM To: Truxell, Rebecca Cc: pzmail @mydelraybeach.com.or Subject: the rezoning of the Atlantic Plaza area Attention Committee: We are residents of Barr Terrace and we want to express our opposition to the rezoning proposal of the Atlantic Plaza area. It will have a major problem with parking and crowding in a small area. Please keep us informed. Sincerely, Dr John J. McCarthy Egle McCarthy SO East Road,apt 3B Delray Beach, EI 33483 Sent from my really cool iPad The conditional use. requests include.- / 1, ingreasing.th'e density in excess<of thirty 00.)',residential units per acre: A le'nsity of 51,19 Units per acre' is proposed; - 1 c` 2_: Increa jng the building. hbigff fort in excess of 48'feet ul) a maximum: building heig:f t of 80 feet: The development pr€�pnsal involves the demolition.. of the existing buildings ai1`d. improvements acid the construction of a. new r ixed� use deueloo ent th t includes 442 residential' 6anits; 79,071 sq, ft of office area, 5.;02,1 sq, fl:. of retail and 28,204 sq. ft of restaurant within six buildings teat range from three to five :stories, This p€ hu:ndre.d. the P hotilm is being provided';as :your property is :located ithin. a five. I yfooi radius cif the; subject property (see'attadhed map). All interested. ivited to attend the pUbliq hearing' and, i�eEnment .on the proposed conditional. y or su. heir comments in writing en er befgre. the .date pf he hearing tQ l p.nd ,Zon'ing bepartmergt PLEASE BE ADVISED THAT IF A PERSON T` TH i` i \L_%+ t \U L1t- .1.1.:1L I € - \l t__ L_ L.F 111"2.w2::.: J'U 1" I: �!\ RSON MAY NEED TO EN$URF THAT A VERBATIM RECORD JOS 15 MAQr, WHICH RE-CORD INCLUDES TH_R TE TIMON1 DN WHICH ;`THE APPEAL I8 eAS.EO.. THE CITY DOES NOT RE SUCH RECORD PURSUANTTO FiS.. 28G..01.05-, City!vf Ddl'ray- Beach Planning and Zoning Department. mate Mailed: epternher 7 2.012 - - - TERRACE �e u� ACONDOU: €NIUM 1`EFIYEA 7 ff.)Aid t'3i°LHAY BEACH. FLORIDA `3483 September 24, 2012 City of Delray Beach Planning and Zoning Board 100 NW 1st Avenue Delray Beach, FL 33444 RE: Atlantic Plaza II Dear Members ofthe Board: The purpose of this letter, on behalf of owners of Ban Terrace: Condominiums➢ is to object to the conditional use request for Atlantic Plaza II including: (1) Increase in density from 30 residential units to 51.1 units. (2) increase the building height from 48 feet to a maximum of 60 feet. We have several reasons for our objections, but one is overwhelming. This area of Delray Beach is not suited to handle the amount of traffic that would be brought to this area of the city by a 70% increase in density for this development. A 25% increase in height is equally substantial in impact on the community as a whole. There are no large public parking facilities near this planned development that would be able to handle the number of automobiles that such a development would bring to this area of the city, especially during high season. Existent traffic during high season, particularly when the drawbridge is raised, makes local driving unpleasant_ Even out of season, the intersection of Atlantic Avenue and Federal Highway is most often congested In case of an emergency, traffic already precludes the speedy passage of emergency vehicles. Further, there are times when we cannot leave the condominium by turning toward AlA because both Atlantic Avenue and East Road are backed up past our building's driveways. City of Delray Beach Planning and Zoning Board September 24, 2412 Page Two The approval of the request to expand the size of the Atlantic Plaza lI development would require a minimum of 973 parking spaces, per our calculations. That number is based on residential, office, and retail use, not including banks, restaurants or bars. If restaurantsibars are included in the development, additional minimum parking spaces might be required. It is noted that mixed use sometimes helps in reducing the minimum required spaces, as parking requirements are not the same during the day as in the evening. This calculation will not significantly impact the minimum number of parking spaces required in Delray Beach, as restaurants and bars require four times as many spaces as office use, and the restaurants would be open during the day as well as at night. There is high- density building, along the Intracoastal and to the east, along the ocean, from Miami to Delray. Delray is exceptional precisely because its development has been protected. The walkability of the resort and downtown area create the village -like quality of life, almost a European atmosphere. We treasure these aspects of our city and would hate to see them jeopardized by unnecessary development. We do not object to development that benefits the city and its residents. We do ask you to deny the building of units that would so obviously contribute to unwelcome density, parking problems, traffic, drastically affecting quality of life for residents, not to mention infrastructure of the city. Needless to say, we encourage you not to grant additional height to the project in question, a project which is already bad news for the City of Delray Beach. Thank you for your attention and consideration. Sincerely, Emma Betta, President of the Board of Directors of Barr Terrace Condominiums Public Comment Regarding Atlantic Plaza Sept 24�, 2012 To The Planning and Zoning Board, Please accept my letter regarding the Atlantic Plaza Conditional Use Requests. I'm not sure how many of you were Board members during the highly contentious preliminary reviews of this project. This development project had extensive community input to arrive at its first approvals. At that time the Town seemed desperate to approve any development that was viewed as pumping some money into a moribund economy and local building downturn. As a result the Town approved the developer's request which included changes to a local road and vehicular circulation along with allowing more for this developer than many Delray residents were comfortable with. Now this developer comes back with an even more ambitious project that wishes to exceed the Town's zoning laws. When is enough enough? I would hope the Planning and Zoning Board will determine not to allow these Requests. However, if for some reason the Town is, again, going to favor this developer and approve the Requests, I want to see the Town impose requirements that will benefit the Town. Please, in your considerations, discuss and arrive at several "tradeoffs" for approval of this project. Imposing the highest level of "green building" requirements and certification, increasing the number of affordable housing units, demonstration of the most up -to -date environmental practices within the site and streetscape design and implementation are some of my thoughts. Please require this developer to provide what you believe are necessities and amenities that will benefit our community in return for the approval of this Conditional Use Requests. Sincerely, Michael Singer 901 NE 5th St. Delray Beach, Fl., 33483 Public Comment Regarding Atlantic Plaza 09.24.12 Jason Bregman 227 Lake Ter Delray Beach, FL, 33444 I am a member of the SPRAB board but my comment below on this project comes from me as a private citizen. P +Z Board Members I have personally attended numerous hearings on the Atlantic Plaza project over the course of many years. As the single most important project affecting our lovely downtown it is critical that this project is done right and honors the quality, character and values of our "Village by the Sea ". Undoubtedly this project has merits and I am for more density in our downtown core. We all want to see the gap of the old Atlantic Plaza filled with a new vibrant development. However the requested conditional uses are rather extreme, and if approved by this board there should be a substantial benefit to the community at- large. As a practicing designer and planner for the last decade I have worked on numerous projects that have requested height and density variances- in all cases the request was balanced with a trade -off for the City. In many cases these trade -offs were LEE© green building certification, additional park space, plazas with public art, inclusion of renewable energy, upgraded streetscapes and infrastructure improvements. In most cases the project requesting the variance did ALL of these things to obtain the trade -off for the requested height and density variances. These improvements must be in writing and clearly defined. Cities do this every day, and it is time Delray to step up to the plate and ask for similar considerations from this developer to ensure the quality and value of this project is shared with the public and promotes the thriving downtown we are. known for. A certified green building would also contribute to our green downtown that is slowly taking shape thanks to leadership from the Seagate, Spodak Dental, the Sundy House, the Colony Hotel, Plumosa, Sequil and others. We only get a chance to do this project well once. Let's make sure it truly great. Thank you for your consideration Jason Bregman Truxell, Rebecca From: Mary Ott <mott917 @gmail.com> Sent: Monday, October 29, 2012 3:06 PM To: PZmail@MyDelrayBeach.com Subject: re: Atlantic Plaza II We live east of the Intracoastal, and as I sit at the Atlantic Avenue bridge each day and notice that the traffic is backed up east to A1A, and backed up well west on Atlantic Avenue, I shudder to think what the traffic situation could become if a massive, oversized project is approved for this already over capacity area. The potential traffic problems crossing the Atlantic Avenue bridge would seem insolvable. Mary Ott 57 Scabreeze Avenue Delray Beach, FL 33483 561 - 573 -5153 10-30-12 To whom it may concern, I have had the opportunity during the past 37 years in business to live and work in several "upscale" and popular" markets. On 10-1 -12 1 accepted . the President/ CEO position with Celsius, a public company located in Boca Raton. I knew very little about Delray Beach, but found an upscale apartment building to live in, Worthing Place. I fell in love with the city Delray Beach and Atlantic Ave. The area has an energy and excitement I have never seen, day in and day out. I made a decision to move out of Worthing Place this December for certain reasons. My focus was to find a place to live and be close to my office. It has been no easy task. The supply of quality housing in the Delray business district is virtually nonexistent. I have had to broaden my search outside of the Delray Beach area. The Atlantic Plaza It development is sorely needed, for many reasons. There is a real shortage of quality living within the area. Having a development that provides the opportunity to shop and work within the same environment is a real plus. We are anticipating growing out of our space during 2013 and Atlantic Plaza it would provide a viable option. Employees are working harder and longer than any time before. To be located where Atlantic Plaza 11 is planned, would provide a.n.:environ.ment for any employee to take a walk to the beach or along the inter-coastal. Working in an environment, as planned at Atlantic Plaza 11, is a true "benefit" for the employees and the employer. As a resident in Delra I .y Beach and a. business executive, I strongly urge you to approve the Atlantic Plaza 11 development, It would be a flagship development sorely needed in a great community. Sincerely, Gerry David President and CEO Celsius, 4ic, , 2424 Non h Fed(-ral Highway , Suiu, 208 - Boca Raton, Florida 33431 office 561 .276.2239 fax 561 .276.2268 vyvvvv, ce k i u s. corn PALM TRAIL HOMEOWNERS' ASSOCIATION, INC. 424 Palm Trail Delray Beach, Florida 33483 October 31, 2012 Mr. Scott D. Pape, Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Beach, FL 33444 RE: Atlantic Plaza II — Closure of NE 7th Avenue at NE 15t Street Dear Mr. Pape: Please accept this letter on behalf of the residents of the Palm Trail Homeowners Association, Inc. Along with an additional statement specific to the closure of NE 7th Avenue at NE 1St Street, we submit to you a recent resolution approved by the Board of the PTHOA. Please make this statement a part of the official record that will be considered by the Site Plan and Review Board for the Atlantic Plaza Il project. More urgently, we would also appreciate having this statement included in the City Commission consideration of the conditional uses, which is slated for November 6, 2012. The current proposal for Atlantic Plaza It, as presented privately to us and publicly to the Planning & Zoning Board, is not congruent with the profile of the City or with our neighborhood. Furthermore, this project will directly impact our neighborhood causing excessive traffic and congestion due to the density and magnitude approved, resulting in the disruption of our peace and tranquility. To protect our neighborhood from the excessive traffic and parking overflow from this development, we respectfully request the installation of a barrier to block traffic on the north side of the proposed traffic circle at NE 7th Ave and NE 1" St., which the developer has agreed to fund. This landscaped barrier would not allow traffic flow into our neighborhood via NE 7th Ave, but it would allow pedestrian, bicycle, or golf cart passage. We are not opposed to developing this area bordered by the Intracoastal, Northeast 6th Avenue (east /west), and Atlantic Avenue and Northeast 1St Street (south /north). We are opposed to the size and density of this proposed project in relation to the size and location of this parcel. This project does not complement the existing style, density and proportion of the area and it needs to be revised. It is our position that this parcel is a critical commerce area, and we agree this area needs to be re- developed into a viable development for the benefit of the City and for all adjacent neighborhoods, adding to the value of the whole area without detracting from any one area. October 31, 2012 Palm Trail HOA, Inc. Page Two We are willing to work with the developers, City officials and any related and informed parties in order to create a compatible and complimentary commerce center for the benefit of ail. Thank you for your assistance in making this PTHOA statement a part of the official record. Respectfully yours, Palm Trail Homeowners' Association, Inc. /as Truxell, Rebecca From: Connor Lynch <clynch @plastridge.com> Sent: Sunday, October 14, 2012 8:15 PM To: Truxell, Rebecca Subject: Emails for Record Attachments: SAFE Recommended Changes to Atlantic Plaza Memorandum Staff Report; Re: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan..; Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Please see the attached emails for the record. Thank you, Connor -`(0LI (.�fiNNC) S 1 AR "3', STOP. OR (; HA •IGE C:JVC=RAGt _ VIA F - -K Aji_" Iom net Fina;l Confdon011ityc % ivli 8d1Cos;f de tiaE ini'orrrrtitian may t)e con €ninod w (his message. If yc Eu ar<. not rh2_ atidr (_,5ee irdicutccf in "his messz-ye for m .sponslhle for doflivmy ofthe rm4s�'go' to such gpefson ), yor: may not copy or &&Hoer this message to anyone.. in s1,ch case, YOU s1100<; des €ray this mc�ssnge entirely and kindly notify the sander by reply email. r icasc, advise immediately if you car yang employer do not consent to Irstenmet emi €l for rnnss:rtps of dP iy kind_ Opinions, wnclraslons and other intcrrr €et;on b this rnLssage that do not relate to the of?iciai business of my Firm snat [ tie uncersftod as- neither given nor endorsed by ii• Truxell, Rebecca From: JamesEJIMCHAR @aol.com Sent: Sunday, October 14, 2012 11:44 AM To: JarnesEJIMCHAR @aol.com Subject: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Be Alert to the Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic concerns. I urge you to find out about the developer's latest plans and express your own opinion by attending the Planning & Zoning (P &Z) Board Meeting that will be held tomorrow (Monday) in the City Commission Chambers (located on the 15` floor of City Hall). The meeting will begin at 6 PM. You will be given 3 minutes to voice your opinion to the Board. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), I will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCEA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 150' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5 -year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. + 400 trips (a very conservative estimate). Since the center now has an extremely high number of vacancies, there should be an adjustment for this, too, since the study determines traffic count based on square feet whether or not it is occupied. SAFE approximates this adjustment would reduce the estimated current number of daily trips by 400 -- 1,000 in the base year: therefore, under reporting the number of additional daily trips by the same amount, + 3 86 trips. Another overstatement of the current number of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's Traffic Impact Study, but 4,763 daily trips, or 94% more than the number reflected in the applicant's provided study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "locked -in" location and the magnitude of the discrepancy in the real number of additional dail tri s that SAFE has identified, traffic must be mitigated, otherwise the project should be downsized. Below is a partial list of possible Transportation Demand initiatives (TDMs) that could mitigate the number of traffic trips: • Atlantic Plaza employers should charge Atlantic Plaza employees $5/day for parking and provide a transit subsidy for those taking public transportation. The City of Boca Raton has done this successfully reducing the number of trips by 5% and more. The Atlantic Plaza location is immediately adjacent to the number I bus line in all of Palm Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza. • The developer should pay for a new trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and • Implement a$ 1 0/mo nth Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE strongly believes that the development and implementation of TDMs should be considered for this site. TDMs are an effective, proven way, of mitigating traffic. On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 12' wide, not 7' wide as rumored; and the sidewalks on both NE 71h Avenue and N 1St Street be 8' wide (as per today's code), not 5' wide as rumored. Sidewalks, like diamonds - are forever! Once built, a 5' sidewalk probably won't be widened the future. Anyone who has ever walked the Atlantic Avenue sidewalks, where sidewalk restaurant seating proliferates, knows that the 5' space left for pedestrians is not adequate for two directional pedestrian. traffic. Instead, the sidewalk is more akin to being an obstacle course. SAFE ur es the a licant to consider wa s of miti atin traffic and to provide sidewalks wide enough to accommodate future pedestrian traffic. Please attend the P & Z Board Meeting, the Site Plan & Appearance Board Meetings, and the subsequent City Commission Meetings concerning Atlantic Plaza. You do have a voice! Use it, don't let others decide. .Tim Smith SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: If you are unable to attend tomorrow's meeting, you may send an email to the P & Z Board Members: clynch,plastridge.com, hansen.ianc Ajzmail.com, drerai g(cr�,spodakdental. coin, shutts4natt.nei, esservicesl Agmail.com, franciosa4delray a,aol.com, sa452aol.com Truxell, Rebecca From: Pakaufman <pakaufman @earthlink.net> Sent: Sunday, October 14, 2012 12:31 PM To. JamesEJIMCHAR @aoLcom; Maggie Giannoules Cc: Connor Lynch; hansen.jane @gmail.com; dreraig @spodakdental.com; shutts4 @att.net; esservicesl @gmail.com; franciosa4deiray @aol.com; sa45 @aoLcom Subject; Re: Every resident of Delray Beach should pay attention to the Atlantic Plaza Plan.. Jim, so agree with you. I am sorry with the latest articles that I have read the assumption was that it was a done deal. The monster is far to large and aggressive for our wonderful small town of Delray Beach. Yes we always need more taxes to meet the needs of our citizens as all towns do. But this monster not only tax our traffic and draw us away from the pedestrian, bike friendly city that we have been going for over the past many years. Did our city officials not learn from Worthington Place. That building is still mostly empty. And is huge!! It was proposed to be a great asset to our town bring residences that would utilize our town businesses and grow the business base. In this economic times where do they even think the buyers /businesses are going to come from. We have condos and store front siting empty now. am a local resident owning and living here in Old School Square, my son and I moved here almost 20 years ago. He is a paralized vet/ quad. We so enjoy this town and the community that we have. Traffic does get quit heavy during season making it difficult for him to get around in his wheel chair. I worry everytime he ventures out by himself to the bank or barber, Our city has grown and changed since we moved into our historic houses. Most of the bums are gone, it is much safer, the hookers have moved on(most of them). Have we over built already ?? We are loosing our quaint village by the sea appeal. If the developer most build, let it be a carry over of what we have quaint, family and community friendly. We are not Palm Beach or Boca Raton with all their massive buildings and streets that look like canyons. We are a village by the see. Your truly, Pat Kaufman 235 NE 1 Ave. Delray Beach, Fl. 561- 272 -4260 - - - -- Original Message---- - From: JamesEJIMCHAR @aol.com Sent: Oct 14, 2012 11:38 AM To: JamesEJIMCHAR @aol.com Subject: Every resident of Delray. Beach should pay attention to the Atlantic Plaza Plan.. Be Alert to the Atlantic Plaza Development Every resident of Delray Beach should pay extra special attention to the Atlantic Plaza plans that are being proposed by the developer. The Atlantic Plaza project will be the largest project ever proposed in downtown Delray Beach. Its construction will change downtown Delray forevermore. Although our City vitally needs the additional property tax revenue that this redevelopment will bring, we should not be giving a "blank check" to the developer when it comes to design, height, density, and traffic concerns. I urge you to find out about the developer's latest plans and express your own opinion by attending the Planning & Zoning (P &Z) Board Meeting that will be held tomorrow (Monday) in the City Commission Chambers (located on the V floor of City Hall). The meeting will begin at 6 PM. You will be given 3 minutes to voice your opinion to the Board. Don't be afraid to speak your mind, or think that your opinion won't matter — it will. Whatever is proposed will be adopted, if you don't speak up. As for myself, as Chair of SAFE (Safety As Floridians Expect), I will be commenting on the traffic impact of the project. As you may not be aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Concurrency Exception Area (TCEA); and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation for this site is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 150' to the east; on the west side, it fronts on one -way Federal Highway; and, at the northeast corner, there is no ingress or egress. SAFE has problems with the Traffic Impact Study provided and paid for by the applicant. SAFE believes that the study paid for by the developer overstates the current number of daily trips and therefore, understates the number of additional trips that will occur after the project has been completed. We calculate that the real number of daily traffic trips added will be 4,763 or, 94% more the 2,460 daily trips per the applicant's Traffic Impact Study that was provided to the P & Z Board at its last meeting. We arrived at the number of additional trips that will realistically occur after the project has been completed by adding the following to the 2,640 daily trips provided by the applicant: + 534 trips. Made up of 758 additional trips required by the Palm Beach County Traffic Engineering Division to account for the too optimistic rate of internal capture in the initial study; offset by 224 daily trips resulting from increased pass -by credit. + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5 -year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. • + 400 trips (a very conservative estimate). Since the center now has an extremely high number of vacancies, there should be an adjustment for this, too, since the study determines traffic count based on square feet whether or not it is occupied. SAFE approximates this adjustment would reduce the estimated current number of daily trips by 400 — 1,000 in the base year: therefore, under reporting the number of additional daily trips by the same amount, + 3 86 trips. Another overstatement of the current number of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's Traffic Impact Study, but 4,763 daily trips, or 94% more than the number reflected in the applicant's provided study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "locked -in" location, and the magnitude of the discrepancy in the real numb_ er of additional daily trips that SAFE has identified, traffic must be mitigated, otherwise, the project should be downsized. Below is a partial list of possible Transportation Demand initiatives (TDMs) that could mitigate the number of traffic trips: • Atlantic Plaza employers should charge Atlantic Plaza employees $5 /day for parking and provide a transit subsidy for those taking public transportation. The City of Boca Raton has done this successfully reducing the number of trips by 5% and more. The Atlantic Plaza location is immediately adjacent to the number 1 bus line in all of Palm Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza. • The developer should pay for anew trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and • Implement a $10 /month Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE strongly believes that the development and implementation of TDMs should be considered for this site. TDMs are an effective, proven way, of mitigating traffic. On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 12' wide, not 7' wide as rumored; and the sidewalks on both NE 7t` Avenue and N lst Street be S' wide (as per today's code), not 5' wide as rumored. Sidewalks, like diamonds - are forever! Once built, a 5' sidewalk probably won't be widened the future. Anyone who has ever walked the Atlantic Avenue sidewalks, where sidewalk restaurant seating proliferates, knows that the 5' space left for pedestrians is not adequate for two directional pedestrian traffic. Instead, the sidewalk is more akin to being an obstacle course. SAFE urges the applicant to consider ways of mitigating traffic, and to provide sidewalk_ s wide enough to accommodate future pedestrian traffic. Please attend the P & Z Board Meeting, the Site Plan & Appearance Board Meetings, and the subsequent City Commission Meetings concerning Atlantic Plaza. You do have a voice! Use it, don't let others decide. Jim Smith SAFE Chairman "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: If you are unable to attend tomorrow's meeting, you may send an email to the P & Z Board Members: clynch(a7plastridge.com, hansen.jancna gmail.com, dreraig a s odakdental.com, shutts4Aatt.net, esservices I (a.,gmail.com, franciosa4delra aol.com, sa45 aol.com www.patkaufmanart.com ATLANTIC PLAZA INDOOR PARKING PLANNING PROPOSAL PLANNING YOUR BIKE STORAGE ROOMS A bike storage facility at your condo, apartment complex, residence or workplace can be one of the most used areas on the property. More people are using cycling as a way to stay healthy, save money, and stay out of traffic jams. Because of the increased numbers of bicycle commuters, there is a rising need and responsibility to provide adequate bike parking at your facility. Having the right plan for your Bike Room will ensure it is a convenient and efficient space to store bicycles securely. LOCATION The right location can ensure convenience as well as added security. Locate the room near an exit and avoid any steps or narrow hallways cyclists would have to navigate. Handicap accessible doors can be helpful for getting bikes into the building. if you have an automatic door already, try to utilize it as a bike entrance. FLOOR PLAN Although you may be tempted to fit as many bikes as possible in the space, not providing enough walkway space in the room can make it difficult to move and park bikes. A 3 to 6 foot, walkway is ideal, but where space is tight, a 48 -inch minimum is recommended. As seen in the sample floor plans below, a 6 inch clearance from the wall is recommended to provide adequate space for bikes in the last bike position adjacent to walls. While mechanical fixtures like low hanging pipes, support beams, and electrical or plumbing access points may not always be present, proper planning can make sure affected space is efficiently utilized. Reference the product features chart on this page for footprints, ceiling height minimums and other details. SECURITY Limiting the access of the Bike Room to authorized users will drastically reduce the possibility of theft. If the site is in an open space, like a parking garage or warehouse, a chain link cage can be a simple, low cost solution to add security. Be sure the site has adequate lighting and consider the use of security cameras. A well - planned Bike Room that is secure, convenient and easy to use will encourage more people to ride. If you would like assistance planning a Bike Room or to get a quote, fill out a quote form online, send an email to prkmgr @sarisparking.com, or call 1 -800- 783 -7237. The reverse side of this page shows 3 different size bicycle storage room layouts. Truxell, Rebecca From: JamesEJIMCHAR@aol.com Sent: Sunday, October 14, 2012 3:12 PM To: Hansen.janc @gmail.com; dreraig @spodakdental.com; shutts4 @att.net; Connor Lynch; esservices1 @gmail.com; franciosa4 del ray @aol.com; sa45 @aol.com Subject: SAFE Recommended Changes to Atlantic Plaza Memorandum Staff Report Attachments: Bike Storage Proposal.pdf; Emails from FDOT.docx Atlantic Plaza II Planning and Zoning Board Memorandum Staff Report SAFE Recommended Changes are Underlined With said approvals to be subject to the following conditions: 1. Approval of a site plan by SPRAD that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to multiple functions be addressed. 3. That the applicant contributes to the cost (not to exceed $150,000) of a fourth shuttle bus to the City (increasing the fleet to four trolleys) and details of a shuttle stop in the development be finalized during the site approval process. Also contingent a on the CRA agreeing to pick up the cost of all future trolley operations. 4. That modifications to NE 71h Avenue and NE I" street and funding of a traffic signal at NE 6nd Avenue and NE 151 street be considered during site plan approval to reduce concerns over encroachment into the neighborhoods from this site. That the applicant will share half the cost of the traffic signal, if the CRA rp ovide matching_ funds. NE I" street should have a dedicated right turn lane heading west at NE 61h Avenue. 5. That a written finding of concurrency approval from the School be submitted. 6. That the location of the bus shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. Also that the applicant provides secure bicycle room stora e for the use of the residents and tenant employees, contingent upon the City agreeing to reduce the number of parking space regg uired by the space needed for bicycle room storage. Please see, attached Indoor Parking Plan Proposal. 8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. That a 1 minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances. 9. That a dedication of 7 feet be provided for Atlantic Avenue east of NE 7th Avenue 12' on Atlantic Avenue, and 8' on both NE 7 "` Avenue and NE 1 st street_ 10. That the applicant pay half the cost, if_the CRA provides .snatching funds, for a new pedestrian traffic signal crossing Atlantic Avenue, close to the boundary with Veteran's Park. 11. That the P & Z Staff meet with FDOT and PBC Traffic Engineering t o explore ways of reducing daily traffic trips. Please see the two attached emails from FDOT volunteering to help. Note: Masoud Atefi, PBC Traffic Engineering, will be attending the meeting and be available to answer any questions that the P & Z Board may have. 12. That the P & Z Board directs the applicant to address all the concerns of the Citizens. Thank you. Best Regards Jim Smith, SAFE Chairman 1225 S. Ocean Blvd, # 262 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax iameseiimchar(@_aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Two Emails from FDOT re TDMs & Sidewalks Greetings Paul (Dorling). We are in receipt of Mr. Smith's email regarding Atlantic Plaza and the implementation of Transportation Demand Management (TDM) initiatives. Please be aware that we have the ability to provide technical assistance if desired by the City to enhance the City's capabilities to address TDM strategies as part of implementation of its comprehensive plan or other comprehensive approach in support of the Transportation Concurrency Exception Area (TCEA). Please don't hesitate to contact me in this regard. Larry Hymowitz Mobility Coordinator Modal Development Office - FDOT District Four Phone: (954) 777 -4663; Fax: (954) 677 -7892 iarry. hymowitz(p?dot.state.fl . us From: Plass, Mark Sent: Monday, October 01, 2012 2:10 PM To: Wolfe, James Subject: RE: Atlantic Plaza redevelopment in Delray Beach Jim, Traffic Operations would not object to wider sidewalks on Atlantic Avenue provided they do not affect provision of turn lanes or other capacity on Atlantic Avenue necessitated by the Atlantic Plaza development. I believe the developer is also proposing to provide parking on Atlantic Avenue adjacent to the development in order to maintain consistency with Atlantic Avenue to the west where on- street parking exists. The on- street parking adjacent to Atlantic Plaza is likely not required based on the amount of off - street parking to be provided by Atlantic Plaza. Traffic Operations has concluded, based on meetings with the City of Delray Beach and the developer, that the proposed on- street parking would not produce an unacceptable impact to Atlantic Avenue traffic flow. if widening the sidewalk eliminated the on- street parking Traffic Operations would not object. Mark Peass, P.F. District Traffic Operations Engineer Mark. Plans@ clot. state. fl.0 s 954.777.4399 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 -3421 Truxell, Rebecca From: Connor Lynch <clynch @plastridge.com> Sent: Monday, October 15, 2012 5:47 PM To: Truxell, Rebecca Subject: FW: Atlantic Plaza For the record. Connor C. Lynch, AIP Plastridge Insurance Agency I yywy �.p tridg.g.ca,rri Phone: 561.276 -5221 ext.1207 I Fax:561.276.5244 From: Marilynn Gladstone [ma ilto:mbg lad Cc?bel[south.net] Sent: Monday, October 15, 2012 2:57 PM To: Connor Lynch; hansen.ianc@Amail.com; dreraia @spodakdental.com; shuttss4 a�,att.net; esservicesl @gmail.com; franciosa4delray @aol.com; sa45Caaol.com Subject: Atlantic Plaza Dear Planning and Zoning Board members; We moved to Delray Beach in 1995 when it was truly the Village by the Sea. We are discouraged and dismayed by the constant attempts to turn our lovely city into another Boca Raton. We need good planning on your part, not tasteless design and terrible congestion. The permanent residents of our city deserve to be protected from the greed of a few people who do not care about our quality of life. Thank you for your consideration. Marilynn and Bill Gladstone, 326 Palm Trail, Delray Beach, 33483. 'YOU CANNOT START, STOP, OR CHANGE COVERAGE VIA E-MAIL' Internet email Confidentiality: Prtviioged /Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible: for delivery of the message to such person), you may not copy or deWer this niessacge to anyo€ a. In such case, you shauld destroy this message entirely and xiudiy notify the sender by rcpty email. Please advise immediately if YOU or Your einplcy;ar do not consent to Internet email for messacgos of this kind. Opinions, conaluslo w', and other Information in this message that do not relate to thr; official business of my firm shall be unaerstood as neither given nor anaorsod by it. Truxell, Rebecca From: Jane C. Rankin <jcr @kubickid raper, com> Sent: Friday, October 12, 2012 105 PM To: McDuff ie, Woodier Carney, Tom; Frankel, Adam; Gray, Angeleta; Jaccluet, Al-, PZmail @MyDelrayBeach.com Subject: Atlantic Plaza II Redevelopment- Letter of support from Burt Handelsman Attachments: SKMBT_C28012101213410.pdf Please see attached correspondence. Thank you Jane C. Rankin Shareholder Direct (954) 713 -2324 Fax (954) 768 -0514 icr(ftubickidra per.com One East Broward Blvd, Suite 1600 Fort Lauderdale FL 33301 --------------------_------------------------------------------------------------------ Privileged and Confidential The information contained in this e -mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction. 1 October 12, 2012 Mayor Woodie McDuffie And City Commissioners Planning and Zoning Board City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Re: Atlantic Plaza Gentlemen: Currently before you are the plans for the development of the project known as Atlantic Plaza. I am a residental and commercial landowner in Delray Beach, and have been for almost forty years, and I urge you to throw your full support into seeing this Proposal come to fruition. I have no direct or indirect financial interest in the group developing this project. My companies own frontage on four city blocks across from and west of the project, so we will receive direct competition from the project when completed. Nevertheless, I think the neighborhood that we are all trying to sustain and improve can only benefit from the completion of this project. Those who would complain about density and traffic should just look north, of this project on Federal Highway, several blocks from this site. They will see no density and no traffic. They will also see no business. They will see no residents. They will see continued deterioration of the neighborhood and I suggest to you, after spending my entire life in the real estate business, when that kind of deterioration takes place, the same as any infectious disease, I guarantee it is contagious and the infection will spread: A neighborhood created with people who live and work in the same neighborhood can be the greatest asset for any city or town. In these economic times, the developers are risking huge sums of their resources to bring this project to fruition. There is certainly little or no bank assisted financing available in today's world. The neighborhood will have immediate benefits from the construction. To a great extent it should reduce traffic as the people who work and live in the neighborhood will attract P.G. Sox 28, Gedney Station, White Mains, NY 10605 914 -761 -9196 o 914 - 761 -8880 * Facsimile: 914-428 -2145 Email: mailGloverealtygroup,com commercial shops to support those residents and professionals, all within walking distance. If the homeowners in the district are afraid that their land values will be hurl: by this commercialism, I suggest that the negative action they are taking at this time to stop the development is the quickest way to see their land value diminish. This group is headed by Carl DeSantis who has had, and continues to have, an extremely successful business career and has proved his ability to improve every area he has ever gone into. He has spent a good part of his life developing vitamins to control aging and improve health. The vitamin he brings you now is a huge gift to the City of Deb-ay Beach and to try to take the strength out of that vitamin and weaken it is in my opinion a huge error and, once again, I ask you to throw one hundred percent of your support behind this project which can only help improve the immediate area's value as a residential and commercial Taub. The density of the additional people living in the area can promote safety on its streets and vitality for the entire surrounding neighborhood, and all being accomplished without government funds, government guarantees or support. I for one understand the years of work it tools to put this together, and Carl DeSantis should be applauded for his efforts. Both the City and its residents should reach out with all of their support, which this project richly deserves. Thank You. Very truly yours, . Burton andelsman BH/ka Truxell, Rebecca From: Mo Patel <mopatel16 @hotmail.com> Sent: Thursday, October 11, 2012 7:29 PM To: PZmail @MyDelrayBeach.com Good morning all My name is Mo Patel and would like you all to know that I support the "Atlantic Plaza II" redevelopment plan. I am the new owner of the Subway in the Antique Mall. I took over in May and its has proven to be a challenge to stay keep the business going. I am a multi unit owner so do have about 8 years experience but I think that bringing this into the area will help small businesses like myself, tremendously. Thank you for your time Sincerely Mo Patel Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Monday, October 01, 2092 8:02 AM To: Pape, Scott Cc: ctbonfield @aol.com Subject: Atlantic Plaza Scott As you are aware, Atlantic Plaza is located in the heart of Delray Beach's Transportation Exception Area (TCEA): and, by regulation, is subject to less stringent requirements than if the project were not located in the TCEA. SAFE believes that the TCEA designation is a mistake and needs to be changed because of Atlantic Plaza's size and unique "locked -in" location. The project fronts to the south on Atlantic Ave with a drawbridge less than 100' to the east; on the west side, it fronts on one -way Federal Highway; and at the northeast corner, there is no ingress or egress. SAFE has problems with the traffic impact estimates in the two Traffic Impact Studies provided by the applicant. Both studies overstate the current number of daily trips and therefore, understate the number of additional trips that will occur after the project has been completed. We calculate that the real number of trips added (4,870) will be double the number published in the first study (2,460)! We arrived at the number additional trips that will realistically occur after the project has been completed by adding the following to (2,640): + 641 additional trips required by the Palm Beach County Traffic Engineering Division on account of the too optimistic rate of internal capture in the initial Study. + 983 gas station daily trips. Even though traffic trip calculation standards allow a 5 -year backward view, the base year estimate included 983 gas station daily trips even though the gas station has been closed for a couple of years. As a result, the real number of additional daily trips will be 983 more than the study states. + 400 trips. Since the center now has an extremely high number of vacancies, there should be an adjustment for this too. We approximate this adjustment would reduce the estimated current number of daily trips by 300 — 500 in the base year: therefore, under reporting the number of additional daily trips by the same amount. + 386 trips. Another overstatement of the current niunber of trips in the base year is due to the 110% Development Credit given to encourage development. As a result, in reality, there will be 386 additional daily trips than the study reveals. In summary, SAFE calculates that the number of new trips added will not be 2,460 as suggested by the applicant's first study, but 4,870 additional daily trips, or double the number of additional trips published in the first study! Therefore, regardless of whether the TCEA designation is changed, we believe that because of Atlantic Plaza's size and "locked -in" location, and the magnitude of the discrepancy in the real number of additional daily trips that SAFE has identified, Transportation Demand Management (TDM) should be initiated. Since you were not at the last P & Z Meeting, here's what SAFE proposed: • Atlantic Plaza employers should charge Atlantic Plaza employees $5 /day for parking and provide a transit subsidy for those taking public transportation. The City of Boca Raton has done this successfully reducing the number of trips 5% and more. The Atlantic Plaza location is immediately adjacent to the number 1 bus line in all of Palm Beach County and our trolley system could easily drop Tri -Rail riders at the entrance to Atlantic Plaza. • The developer should pay for a new trolley (with an estimated. cost of $150,000) which would benefit Atlantic Plaza store and restaurant employees, shoppers, diners, residential, and office workers, and • Implement a $10 /month Common Area Maintenance (CAM) charge for all units to defray the cost of operating the trolleys. SAFE's estimate is that these initiatives will reduce daily trips between 400 - 800 trips /day. On another subject, SAFE recommends that the Atlantic Avenue sidewalks be 10' - 12' wide, not 7' wide as proposed; and the sidewalks on both NE 7 t Avenue and N Pt Street be 8' wide (as per today's code), not 5' wide as proposed. Sidewalks, like diamonds, are forever! Once built, a 5' sidewalk probably won't be widened the future. We are requesting that you change your staff recommendations to include SAFE's recommendations. Please respond to SAFE's concerns. We would be pleased to meet with you to discuss further. Thank you, Scott. Best regards, Jim Smith SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330 -6798 Phone & Fax j amesejimchargaol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" PS: I had a typo in my previous email. I meant to type 8' sidewalks, not 11'. CC: Charlie Bonfield, SAFE President Scott Pape Planning and Zoning Department Re: Public Notice Number 2012 -182 Vii'/ 1111-FE I � EP 2 5 2012 11 OW We are vehemently opposed to the proposed land use for Atlantic Plaza 11 for the following reasons: 1. Delray Beach is called the "Village By the Sea." Approving this monstrosity would turn our quaint village into the "UNSIGHTLY MAMMOTH CITY OBLITERATING THE SEA." 2. Any obstruction of use of 7th Avenue would cause overwhelming traffic congestion on our already congested 6" Avenue. 6th Avenue only travels north. It is already narrowed and impeded by ugly white barriers. This narrowing has caused major congestion at Atlantic and 6th. 7" Avenue has offered much relief to this problem and also gives us easy access from north to south crossing Atlantic Avenue. 3. Atlantic Avenue and vicinity already has a plethora of residential spaces and restaurants. There are also many already existing available and vacant properties. Why do we need more? P, 50 East Road, 2G Delray Beach, Florida 33483 2012 September 24 Planning and Zoning Board City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Members of the Planning and Zoning Board: I first visited Delray Beach in the 1980's for work. In 1998, 1 accepted full -time employment in Delray Beach and purchased my home in 1999. 1 have seen many changes in the City over the course of this time. Many of them have been most positive. I am in favor of wise and prudent development that is green friendly and pedestrian friendly. I certainly advocate increased density, and I endorse the urbanization affording cultural and employment activities that so many Americans yearn for. However, I am compelled to voice my objection in response to Public Notice #2012 -182 regarding a conditional use request submitted by Atlantic Plaza II. I am also disappointed that so little time has been provided to allow for the input of Delray citizens and residents, particularly when many of them are not in residence. I am also disappointed that the City of Delray Beach does not appear to have implemented more aggressive green requirements over the course of the five years. Atlantic Plaza has purportedly languished for many years. During the 2006 approval process, counsel for Atlantic Plaza argued that the property was not economically viable since it was not attractive to customers or tenants. That might be partially true since many tenants or prospects were understandably concerned that they could not obtain long -term leases and that shared maintenance costs, over which they had no control, skyrocketed. Counsel also maintained that this development would eliminate the eyesore of a gas station at the corner of 61h Avenue and Atlantic Avenue as well as the undesirable half -way house. With the demolition of some of the existent property associated with the proposed development, we have had to look at a hole surrounded with a chain link fence (the covering of which has not been maintained) for many years now as well as signage that was never repaired for many after the 2005 storms and walk on a sidewalk that's not being maintained. (Plus, it's not as convenient to get gas. Many urban areas manage to successfully incorporate gas stations without their sticking out.) It also would appear that the rehab business has simply moved further east. Hence, I am somewhat skeptical when I read any proposal regarding this property. 1 am even more concerned about development that dramatically changes the nature of the community in which I have chosen to live. As I recall, the City wanted to provide a core downtown area that would attract full -time residents as well as the services — and jobs — that would those residents would need. However, over the course of the past few years, traffic congestion and noise has increased dramatically. Atlantic Avenue can be backed up from west of Swinton to east of the Intracoastal bridge. While a traffic study is not required, I would urge that such a study be done. Just where are the cars associated with the development going to drive? How is it going to affect the residents north and south of the development? What's going to happen with traffic on Federal? How are speeds going to be controlled and the noise of the traffic mitigated? It's already quite difficult to leave my own building and there continues to be excessive noise and speed on Atlantic Avenue and on 5th and 6 . Determination of parking needs for any area is always problematic. We only have to look at parking demands in downtown Delray to see the demand for parking. Combining this with the fact that it's increasing common for two occupants of any apartment to have at least two cars, the demand for parking within the development is likely to be quite high, undoubtedly higher than what it proposed in the project, plus, renters, much like owners, like to have assigned spaces. Plus, there is a need for parking for associated service vehicles. (I would note that the original project called for condominium and not rental property development.) Arlen ❑, Dominek: City of Delray Beach Planning and Zoning Committee 20120924 — page 1 of 2 Moreover, restaurants in an area that is an attractive, centralized location to people from Fort Lauderdale to Palm Beach suggests that there will be a need to accommodate even more cars than proposed. Just the number of jobs that the proposal suggests will be created suggests the need for large number of cars and parking spaces. Nor should we ignore there will be more large delivery trucks in the area at all hours. This translates to even more egregious traffic congestion and noise. Just how can the City handle the traffic of well over a thousand additional cars or more given the turnover at the various businesses and just how will this development meet that need for parking? The downtown area has not been conducive to the establishment of many businesses that would be open during the day and that could attract customers not only at night, but during the day and has increasingly become a nightlife area. Our high rents and property taxes are encouraging the establishments of restaurants often open only during the evening, beauty salons, and, essentially, nightclubs. Often arriving home by car service very late on Thursday or Friday nights, I observe a rowdy nightlife crowd not at all consistent with what I would like to call home. We're not getting a large variety of the interesting stores and galleries that once attracted so many people to Delray, the kinds of shops that were funky. Plus, is it likely that this development will attract the big box stores or luxury chain stores, one alternative proferred by a previous potential partner with Atlantic Plaza. Is there the economic demand for this retail space? Are there customers to support businesses throughout the day? I must disagree with the staffing report that the requirement for four - bedroom units can be overlooked simply because they are not common in the area. I would suggest that three - bedroom units are in much in demand in the area (they command a premium) and that there is demand for larger units. In fact, the ability to sell studios and one bedroom units in much of the area is already problematic since there is less demand for such units. I would also note that the size of the proposed three bedroom apartment is smaller than my two - bedroom condominium. The proposed apartments just do not sound desirable to me and suggests to me some compromise of the upscale neighbor in which l and my neighbors reside. It would appear that the developer is proposing the construction of four essentially monolithic buildings. One of the things that makes downtown Naples so desirable is the setback of many its buildings, not only from the curb, but of upper stories, thereby mitigating a canyon effect. I've noticed many larger developments throughout my extensive travels in the United States, and I have seen that there can be higher density development without building the structures that I see in Boca Raton, West Palm Beach, and Fort Lauderdale. I don't think that we need more buildings that are like Worthing Place or like the recently constructed building on 5th that is sitting empty. I now personally choose to avoid downtown Delray Beach on weekend evenings because it's so hard to find parking unless I pay for it or use a valet. It's quite a change from a few years ago, and it's disappointing to me. If I had wanted to live in a Sobe or Fort Lauderdale area, I would have. But I chose to live in Delray Beach, and I do not want to see our village transform into those areas. It is my understanding that you are empowered to recommend certain conditional uses of property if they benefit the community, but that you, regardless of whether a request is compliant with LDR, may choose not to grant such conditional use. As a citizen of the City of Delray and as a voter, I urge you to not recommend the requested conditional use because they are not beneficial to the residents of Delray Beach and are, I would suggest, inurious. Best regards, Arlen D. Dominek Arlen D, Dominek: Uty of Delray Beach Planning and Zoning Committee 20120924 — page 2 of 2 t i17... jj Scott Pape SEf' 2 5 Planning and Zoning Department 1: __._ ......_...._ ..,_..._.....,.i Re: Public Notice Number 2012 -182 We are vehemently opposed to the proposed land use for Atlantic Plaza it for the following reasons: Delray Beach is called the "Village By the Sea." Approving this monstrosity would turn our quaint village into the "UNSIGHTLY MAMMOTH CITY OBLITERATING THE SEA." 2. Any obstruction of use of 7th Avenue would cause overwhelming traffic congestion on our already congested 61h Avenue. 6th Avenue only travels north. It is already narrowed and impeded by ugly white barriers. This narrowing has caused major congestion at Atlantic and 6th. 7t' Avenue has offered much relief to this problem and also gives us easy access from north to south crossing Atlantic Avenue. 3. Atlantic Avenue and vicinity already has a plethora of residential spaces and restaurants. There are also many already existing available and vacant properties. Why do we need more? Truxell, Rebecca From: Dean Jacobson < Dean . Jacobson @bodeansbaking.com> Sent: Tuesday, September 25, 2012 12:03 PM To: PZmail @MyDelrayBeach.com i Subject: The Atlantic Plaza II 2'i l�.,i; �, I am writing in regard to the request by The Atlantic Plaza II development group to increasing the deii`s3t� erf r'esldential units and increasing building height to a maximum Of 60 feet. I am CEO of several companies and have a condo unit at Barr Terrace on 50 East Rd. I have been coming to Delray for over 40 years and have seen the city grow exponentially and have supported this growth to make the city more appealing and vibrant. I have supported the original context of Atlantic Plaza but this request goes beyond the original intent of this project. Atlantic Avenue is already congested during peak season with traffic and noise and the beauty and attraction of Delray is based on the adamant restriction on building heights. Enough is enough. Do we want to become another West Palm Beach and lose our charm? What is the incentive to approve such a request? It will not further improve the image of the quaintness and charm of Delray but rather seriously damage it. I vote no on these exceptions. g-W Amu Certified Public Accountants 491.5 St. Elmo .Avenue, Suite 302, .Bethesda, MD 20814 Telephone (301) 652 -11.20 Fax (301.) 652 -2550 September 19, 2012 City of Delray Beach Planning and Zoning Board 100 NW 1st Avenue Delray Beach, FL 33444 RE: Atlantic Plaza II Dear Members of the Board: Robert A. Sachs, CPA Anna Figurell.i. Sachs, CPA The purpose of this letter is to object to the conditional use request for Atlantic Plaza II including: (1) Increase in density from 30 residential units to 51.1 units. (2) Increase the building height from 48 feet to a maximum of 60 feet. I have several reasons for my objection, but one is overwhelming in my mind. This area of Delray Beach is not suited to handle the amount of traffic that would be brought to this area of the city by a 70% increase in density for this development. A 25% increase in height is equally substantial in impact to the community as a whole. There are no large public parking facilities near this planned development that would be able to handle the number of automobiles that such a development would bring to this area of the city, especially during high season. We own a condominium at Barr Terrace, 50 East Road, Delray Beach, FL. Our balcony faces Atlantic Avenue. As our apartment is on the I Oth floor, we spend a lot of time observing activities along Atlantic Avenue, especially as it pertains to vehicular traffic when the drawbridge is raised for boat traffic. I can personally report that traffic gets so backed up during the season that my husband and I time our exits and returns to our apartment based on when the bridge is drawn. In case of an emergency, there is no doubt in my mind, that traffic would preclude the speedy passage of emergency vehicles. Further, there have been times when we could not leave the condominium by turning toward A I A because both Atlantic Avenue and East Road are backed up past our condominium's driveways. �E EP 2 4 p The purpose of this letter is to object to the conditional use request for Atlantic Plaza II including: (1) Increase in density from 30 residential units to 51.1 units. (2) Increase the building height from 48 feet to a maximum of 60 feet. I have several reasons for my objection, but one is overwhelming in my mind. This area of Delray Beach is not suited to handle the amount of traffic that would be brought to this area of the city by a 70% increase in density for this development. A 25% increase in height is equally substantial in impact to the community as a whole. There are no large public parking facilities near this planned development that would be able to handle the number of automobiles that such a development would bring to this area of the city, especially during high season. We own a condominium at Barr Terrace, 50 East Road, Delray Beach, FL. Our balcony faces Atlantic Avenue. As our apartment is on the I Oth floor, we spend a lot of time observing activities along Atlantic Avenue, especially as it pertains to vehicular traffic when the drawbridge is raised for boat traffic. I can personally report that traffic gets so backed up during the season that my husband and I time our exits and returns to our apartment based on when the bridge is drawn. In case of an emergency, there is no doubt in my mind, that traffic would preclude the speedy passage of emergency vehicles. Further, there have been times when we could not leave the condominium by turning toward A I A because both Atlantic Avenue and East Road are backed up past our condominium's driveways. City of Delray Beach Planning and Zoning Board September 19, 2012 Page Two The approval of the request to expand the size of the Atlantic Plaza II development would require a minimum of 973 parking spaces, per my calculations. That number is based on residential, office, and retail use, not including banks, restaurants or bars. If restaurants/bars are included in the development, additional minimum parking spaces might be required. It is noted that mixed use sometimes helps in reducing the minimum required spaces as parking requirements are not the same during the day as in the evening. It seems to me that this calculation will not significantly impact the minimum number of parking spaces required in Delray Beach as restaurants and bars require four times as many spaces as office use and the restaurants would be open during the day as well as at night. Further, Delray Beach is a desirable evening destination for many vacationing in Florida, from Ft. Lauderdale to West Palm Beach, which would bring additional visitors to our City. I am attaching a spreadsheet which shows my calculation of parking spaces needed. Even if the required number of parking spaces are included in the Atlantic Avenue II plan, I do not believe that Atlantic Avenue can handle the added traffic, especially with the draw bridge in such close proximity to this development. I offer this opinion from first hand observation of the traffic patterns over the last five years as observed from my balcony from early in the morning until late in the evening. Sincerely, SACHs FIGURELLI, LLC Certified Public Accountants Anna F. Sachs, CPA Partner Truxell, Rebecca From: David Isreal <haynesroad @gmail.com> Sent: Friday, September 28, 2012 8:55 AM To: PZmail @MyDelrayBeach.com Cc: jlindgren7 @comcast.net Subject: Comments on Atlantic Plaza II Scott Pape Senior Planner Department of Planning and Zoning City of Delray Beach via email: pzmail a,mydelraybeach.com September 28, 2012 Dear Scott Thank you for accepting comments on the proposed Atlantic Plaza 11 by email for those of us who live, pay taxes and vote in the district, but are unable to attend the meetings. I have listed my concerns below by bullet point for your consideration. I . Overall appearance. The proposed development is not in keeping with the years of careful planning and development which has occurred in Delray Beach. Astatically, Atlantic Plaza II is a town center, a better match for Boca Raton, Climatis Street or Wellington, not Delray. The appearance of this project will close a valuable point of aesthetic differentiation which creates value for Delray as a place to live and visit. 2. Parking. Nowhere have I been able to locate a detailed parking plan. If that exists on -line please direct me to the link, or please forward a copy to me via email for review, along with a copy of P &Z's current regulation on parking. You may send that to haynesroadggmail.com. 3. Density. A 703% variance in residential units per acre over P &Z regulations is significant and is way outside the bounds of a normal variance request. This also goes to parking and traffic issues. 4. Increasing the building height. Even with the off -sets, canyons will be created. That is evident in the developer's video and in similar developments in Boca and West Palm. 5. Traffic. Atlantic Avenue is already jammed without this project. The developer's video looks to show a five -lane Atlantic avenue with median gardens. Please help me to understand where this new lane will come from. 6. Paying for street improvements. The construction will damage area streets. The developer's video shows median gardens on Atlantic Avenue. Will the developer be paying for this? As the City cuts services to resident - taxpayers to cover its deficit, my hope is that tax dollars will not be earmarked for this portion of the project. Scott, thank you for your time and effort in this project. I do want to see Delray grow and develop, but within its unique position as a great Village -by- the -Sea, not the Delray Town Center. All the best, David Isreal CHARLES T. BONFIELD SEAGATE TOWERS 220 MACFARLANE DRIVE, # 9203, DELRAY BEACH, FLORIDA, 33463 661 330 6329 September 27, 2012 Mr. Paul Dorling Director, O,E C E E- Planning & Zoning Department, City of Delray Beach �._..._�...�..�.._a 100 NW 1St Avenue I OCT 01 2012 � !1 Delray Beach, FL 33444 Re: Atlantic Plaza II PLANNING & ZONING Dear Mr. Dorling: Firstly, let me say that I am very pleased to see that two very important projects in The City are approaching the final phases. The City will benefit from the reconstruction of the Federal Highways. This project has been well studied and has been shown to be a much safer design than the original one. It will also benefit businesses both north and south of 5th and 6th Avenues. The beautification will be much appreciated and a plus for the city. Many Delray Beach residents made presentations to the Planning & Zoning Board meeting of September 25th regarding the proposed plans for Atlantic Plaza 11. I think that most of us were pleased that planning and reconstruction is finally being considered for this site after so many years. Clearly, this area could be the show place of the city. However, most residents are concerned about the density and traffic that will result from this proposed plan. Many Delray residents are uncertain about some of the estimated traffic projections offered in the plan. The developer estimates that there will be 120 vehicles per hour at morning rush hour, and even higher estimates for evening rush hour from the 442 residences, plus offices and businesses in this complex. We wonder where this estimate comes from. Is it a projection recognized or published by some city planning authority? Also, is it a median or average projection of traffic from this density of residents? If so, what would be the higher range — and shouldn't the P &Z department want to consider the traffic impact of the higher estimate. You have probably driven in Delray traffic during our busy winter season when the Atlantic Avenue Bridge opens and then closes. East of the Intracoastal, vehicles are backed up from the bridge nearly to A1A. And on the west side, vehicles are backed up to 6th Avenue and sometimes further that that. During our high season (November through May) it may take 2, 3 or 4 change cycles of the traffic signal at 7th and Atlantic Avenues to clear traffic after the bridge has closed. This congestion will be magnified many times if the size of Atlantic Plaza is approved as proposed. Jim Smith and I have recommended that The City engage an independent traffic authority to provide us with unbiased traffic estimates resulting from the Atlantic Plaza 11 proposal. This is just too important to leave to the developer alone. The projections for traffic associated with in the Atlantic Plaza II as proposed do not consider many factors. It is clear that the provision for the number of vehicles and, parking for the residents and by visitors . to the retail/restaurant/offices is significantly underestimated. Also, there seems to be no provision for all of the service trucks and vehicles that will bring supplies to the restaurants, offices and retail outlets in Atlantic Plaza II. Will there be loading platforms for large truck and moving van delivery during loading and unloading? Where will the trucks be parked? The sidewalk abutting Atlantic Avenue should be at least 12 feet wide to provide a nice open area for residents and visitors to stroll. The width of the sidewalk along Atlantic Avenue between Swinton and 6th Avenues is constantly congested, particularly when the restaurants are allowed to install sidewalk tables and chairs for service. This should not happen at Atlantic Plaza II. I would like to repeat that a qualified consultant or government traffic planning group should be engaged to give a better estimate of traffic projections for this project. The cost of this consultant should be passed along to the developer. Regards, c�5— Charles Bonfield President, SAFE Past President, Seagate Towers Condominium Association cc; Scott Pape Truxell, Rebecca From: Pryse Elam <pelam @newbostonfund.com> Sent: Tuesday, October 09, 2012 3:40 PM To: PZmail @MyDelrayBeach.com Subject: Atlantic Plaza Dear Mr. Lynch: I am writing to the Planning and Zoning Board in support of the application by Atlantic Plaza. I have lived on SE 7`h Avenue three blocks south of the proposed project for nearly 10 years. I have my office in the current Atlantic Plaza, and have been there for nearly five years. I run, walk and drive by this site nearly every day. Unfortunately, I will not be able to attend the next P &Z meeting as I will be out of town. That is unfortunate, for as you undoubtedly know, the vast majority of residents who show up to speak do so in opposition to whatever is proposed. Very few show up to speak in support, although in most cases representing the vast majority of the residents. I moved to Delray in 1995, and at that time, Atlantic Avenue was a wasteland. The City of Delray Beach has done an amazing job in transforming Atlantic into vibrant, active and fun downtown. We have transformed what was once called "Dull -ray" into a community that his highly desirable for all that it offers, while at the same time maintaining its small - town character. My family loves the fact that we can walk to a vibrant downtown and have a multitude of restaurants, art galleries and shops to visit without ever having to get into a car. And Delray has done a fabulous job of containing this along one spine road such that its impacts are not felt much beyond a few blocks in either direction. Having lived just three blocks south of Atlantic for the past 10 years, the only time we feel an impact is during the Delray Affair, and in the meantime, all of it is within walking distance. I would encourage the Board to continue to implement its vision for activating Atlantic Avenue. The proposed project will replace a huge and largely dead area with something, new, active and alive. It will have the further effect of re- directing the activity eastward into areas of Atlantic Avenue that desperately want to come to life, but can't as they lack critical mass. Finally, the addition of residential units in this area will help generate year -round residents supporting our retailers and restaurants during the off - season, and much of that support will be on foot. It is not only OK, but a good thing to have an active urban core like Atlantic Avenue. We are, in fact, the envy of just about every municipality in South Florida if not Florida, for what we already have. Spreading that out along the Avenue will only serve to strengthen that core in addition to broadening our tax base and creating jobs at a time when we desperately need both. As neighboring residents, the key concerns that we have expressed to the Developer relate to how they address traffic in two particular areas: First, traffic leaving the proposed project heading west on Atlantic will need to be addressed. particularly at the choke points of the lights crossing the two Federal Highways. Second, we would like to see steps taking that discourage Atlantic Plaza residents and visitors coming and going to the project from using the residential streets in the area as "back ways" in and out. I know that the developer has engaged traffic engineers to study this and would encourage City staff to work with them to determine the best compromise solution to these concerns. In summary, I encourage you to continue to fulfill the vision of Atlantic Avenue that was begun in 1995 by promoting renovation and new development particularly along the eastern ends of the Avenue to help bring those areas to life. I encourage you to do so responsibly, with the chief concern how we can prevent spillover traffic from reaching into the residential neighborhoods which begin several blocks north and south of the project. Finally, thanks to each of the commissioners for dedicating the thousands of hours they do to oversee the continued development of our City. I think we can all agree that we like what we have now, let's continue it in a thoughtful and respectful way. 1 Pryse R. Elant Regional Director — Southeast New Boston Fund 777 East Atlantic Avenue, Suile 203 Delray Beach, PL 33,483 Truxell, Rebecca From: necsgkg @aol.com Sent: Tuesday, October 09, 2012 1:56 PM To: PZmail @MyDelrayBeach.com Subject: 777 East Atlantic Ave.ATLANTIC PLAZA. Planning and Zoning: I am writing in support of the proposed plans for Atlantic Plaza. As a long -time downtown merchant and property owner in Delray Beach, I urge you to approve the plans presented to you. Having four downtown blocks redeveloped is a tremendous opportunity for the city as well as the businesses located in and around Delray Beach. Having seen both the approved and proposed plans, 1 am excited and confident that the CDS Holdings- Edwards company team will deliver a first class will deliver a first class project that is good for the city and the community at large. At a time when other cities are to attract jobs and strengthen their local economy, Delray Beach already has a team to invest hundreds of millions in a project that can make this happen. PLease lets move forward with this project. Sincerely Gary Goldfarb Atlantic Antique Mall Inc. The Antique ExperienceLLC 502 -506 East Atlantic Ave. Delray Beach, Florida. 561 - 716 -2788 Truxell, Rebecca From: Scott Rhine <scott @rhinecpa.com> Sent: Tuesday, October 09, 2012 11:48 AM To: McDuf€ie, Woodie; Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al Cc: PZmail @MyDelrayBeach.com Subject: Atlantic Plaza project Dear Council members, As you can tell from my address, I am a tenant at the existing Atlantic Plaza where I have started up my business in 2008 , after practicing for more than 30 years in Boca Raton. I was attracted to Delray Beach after first residing here starting in 1992 (again after living in Boca Raton for the previous 35 years). I watched Boca Raton develop during the 60's, 70's and 80's, and Delray during the 90's and early 21" century. There are parallels as well as significant differences between the two towns, as I am sure you would all agree. My family and I did not like what was happening in Boca when we uprooted to Delray 20 years ago. Likewise, when the opportunity presented itself to re- establish my practice here, I jumped at the chance — in a very down business cycle. I searched the downtown area for suitable small office space, initially thinking it would not be a problem. However, it quickly became apparent that Delray does not have much in the way of nice office space with suitable parking for a professional office. I believe there is a significant need for Class A office space in the downtown area, and that more desirable tenants can be attracted here by offering same. The existing plaza is old and while pleasant, will not fit my firm's long term expansion needs. Many of my out of town clients (there are quite a few) enjoy visiting their CPA and making a day or evening of it here on the Avenue, in conjunction with their visit. We are definitely responsible for some small amount of the tourism here. I never miss a chance to promote Delray to my clients, colleagues and professional relationships. I have thoroughly enjoyed my time in Delray, both personally and professionally. Allowing for the mixed use project that the New Atlantic Plaza development promises to be, will allow my family, employees, clients and colleagues to continue to enjoy the area, expand our business and contribute to the good of the downtown and City overall. The good that it will inure to the area will far outweigh any perceived negatives. You will get a much more upscale tenant base creating increased license and property tax dollars for the town, while at the same time improve the visual appearance and tourism that is so important to keeping Delray Beach what it has become. I ask for your continued favorable vote in moving this project forward. I am happy to discuss any of the above issues with you should you require further insight to my support. Thank you for taking time out of your busy schedule to hear of my support for this important project. Sincerely, Scott Rhine Scott T. Rhine, CPA Hinkle, Richter & Rhine, LLP 777 East Atlantic Avenue Suite 226 Delray Beach, FL 33483 Phone: (561) 314 -2201 Fax: (561) 314 -2204 Cell: (561) 289 -4136 Email: scott(cDrhinecpa.com The information in this email is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this email in error, please notify the sender immediately by replying to this email. Do not disclose the contents to anyone. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Department regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Chavelle, D. Nubin, -City Clerk City of D.0ray Beach 100. NWA 11 Avenue D.0tray Beath . 1prida,3,3444 .., F October 1, 2042 RE... Avla.mic Plaza I.J. Conoitional Use City Commission Agenda, November. 6, 2012 . Dear Ms. Nubinj Please distribute ti is letter to the Mayor, Vice-Mayor, Deputy Vice-Mayor, C orn.missioners, and the City Manager. There has been discussions related to the November & Commission agenda Which Will contain: 2 major items, Delray. Pjace,:whichis located at the SE corner of Linton Boulevard and Z, �ederal:Hiqhway and Atlantic Ran H.. w1fich Is located at the. NE corner offederal Highway and Atlantic Avenue. Both of these items requirean f . ... 1. eAensive 'amount ,o inussion Wth input from members of the community as well as fr9m the p feet representatives, and city stat As November e ise[eotiW..tjiqht, fam sure that the city co m miss, jen . would not want to sperWl the entireevehing heaningthe'se 2 major agenda Item. To that end, I Would reqpest. that the Atlantic. PWt hl Cqnditfiohal Uaeltem kw,deferred to the Novetnber 131' .. Workshop meeting .4nd be heard as a special agendaitem. Our team vWifl make all efforts to inform the rietghi ors ,m, our project ores of the request to defer the hearing lo the November 13't'ggendo, Thank .y in advance for your consideration in this matter. Please contact me should yoU have any questions or require additional information Sincerely, Jeffrey W. Edwards PrwidhW qi talit v products ai j d mmices to tilt ever e vpandbig market ancl cusluyn& ba,5e. through superior pet DEC 201)1 To: Chevelfe Nubin, City Clerk ,, From: Don DeVere, The Edwards Companies` Date: December 27, 2013 Subject: Atlantic Crossing Support letters /petitions for Atlantic Crossing transmittal to Commissioners, re: January 7 meeting Enclosed are copies of materials we request be included in Commissioners' packages: - Representative emails in support of Atlantic Crossing, including items received via the Atlantic Crossing website to be forwarded to Commissioners, and others sent directly to Commissioners and copied to Atlantic Crossing (32) - Petition signatures from Atlantic Avenue area merchants and interested citizens (70) Additional materials are to be submitted at the meeting. Thank you. WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name n, I %A \j 11 r� &--s5,T e c.I p" or} Address /Business �f C � n 4 6ve 6)itl jV( t-- nci Ove- ✓'^ ! , 'Cf' �Y �� /yam (�� �: DC WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name Address /B iness /-�LI) Dj+ ,L) 2 z� ,)_63 T „tie �Ev, wvr '71d L "-- E'ax , ALt W � 6 5- -s ck 6 WE SUPPORT ATLANTIC CROSSING...., As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. A1-.__ ) hre-/ C =C, e U ' �L2 S 7��, l 00 UJ r r 3S -2 WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants. Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name Address /Business �J C gad . 7 J ( �,jV� Vz r 0 rc&A J� -2 ksl ka Ic j1 r CMY� (V V�Z6 u' "P X0 U,& WE SUPPORT ATLANTIC CROSSING..... As Delray merchants, we support the Atlantic Crossing redevelopment plans and timely approval by the City so this important private investment and addition to Downtown Delray can get underway. This site is long overdue for transformation. Replacing the vacant and underutilized properties along the east end of Atlantic Avenue with high quality development will be a tremendous, much - needed economic boost to existing, as well as new merchants, Atlantic Crossing's plan will bring hundreds of new corporate employees and many new downtown residents to the area to shop and dine, and will energize this area of the Downtown to the benefit of the entire city. We urge approval. Name aZA b Address /Business U Z U-) Ln 0 CC V Y z 0 CL CL LU CL %J CU C r 0 CU CL E c m 110 CV E 2 CL YJ '0 a -Do E ca act zkl C 0 cu moo Op :E .0 -CL cz < a iv ID r_ M In i5 -,j m su 0 fo CL '0 0 Ap LA From: JAY JACOBSON [ mailto:jaysjacobson@mac.com] Sent: Wednesday, December 04, 2013 6:17 PM To: schultz @pbpost.com Subject: Recent Atlantic Crossing editorial Mr. Schultz; - I read with interest your recent comments regarding the Atlantic Crossing project in Delray Beach. I am not affiliated with the project in any way, I am not a realtor. I have no vested interest in the project. My family and I live in Delray Beach approximately two blocks from Atlantic Avenue and this project. I take great exception to a few of your comments —I have been following the project in its various forms since 2005 —to say that it was `rushed' through the approval process is not true — for the past 8 years the project has been in front of the public on dozens of occasions, in front of 3 different planning and zoning commissions and at least 3 different Commissions -all with different members opining about the proposals. In fact the project has an approved site plan in place -voted on and approved back in '05 or '06. That plan is horrible- had it been built it would have been a monumental failure and a blight on the City. At this time the project has approvals from the planning and zoning board, the City Commission and subject to a few minor requests from the SPRAB board will have those approvals too. In addition, almost all requests made by adjacent neighborhood residents, commission members and SPRAB board members have been addressed by the developers and where allowed, incorporated into their plans. Your contention that waivers are not a good thing flies completely in the face of good, respectful and current urban planning constructs. Codes are written to grant waivers in order to address site specific and neighborhood specific issues —in some cases sticking to the exact code interpretation wouldn't necessarily give you the best urban plan – either for the surrounding neighborhoods or the City in general. Downtown Delray has turned into one of the most vibrant and successful urban environments anywhere in the United States —it attracts positive attention from Urban Planners from all over the country. This is due to two factors —one, the addition of hundreds of residential units bringing full time residents to the downtown area. These residents Iive, work (in most cases) and shop close to their homes allowing them to either walk or utilize alternative transportation other than long car trips, and two, a business friendly environment that has attracted new businesses, restaurants, shops and stores – most of which serve the new residents that are moving here. In order for this success to continue, Delray needs more —more full time residents, more entertainment venues, more shops and more offices. This is some of what Atlantic Crossing will provide. All in a walkable downtown area. The waivers that have been granted are almost meaningless - -- The Atlantic Crossing project is not just a "two block" development - -it covers well over 8 acres -one of the largest urban properties in the County - -it has been planned, re- planned and dissected for the past 8 years. The current site plan consists of 3 and 4 story buildings -all within code. There is only one small section that was given a waiver to 5 stories -less than 7% of the project -and it will never be seen from the surrounding area. Commercial density is all within code. Retail density is all within code. Density for just the residential use (both rental apartments and for sale units) was increased from 30 u/acre to just 39 u/acre - well below surrounding uses. The impact from these few additional units will never be felt by the surrounding area. Traffic generation is well within current concurrency limits- no new traffic study will show otherwise - County rules have placed the property in a concurrency exempt area. That is the regulation and cannot be changed. Even more important -the walkability index of Atlantic Crossing has to be the highest of ANY area in Palm Beach County -- -this is exactly what all regional and national planning councils are asking for. One of the most successful residential properties in the area is Worthing Place in the heart of downtown —its residents provided the catalyst for the redevelopment of blocks of Atlantic Avenue -new restaurants, shops etcetera —it was developed with both a height and density waiver —and has garnered positive national attention. Where are the opponents to the SOFA project just approved at a density of 90 ula? Where are the opponents to the waivers just granted to the Uptown project -both height and density? Where was the opposition to the iPic theatre approved in Downtown – that project alone will generate more traffic than Atlantic Crossing in its entirety? In my opinion all of these projects are good things -but what you as an outsider need to understand, is that opposition to the Atlantic Crossing project is coming from a very small group of folks -most who do not live anywhere near the project and a few (very vocal opponents) that have a vested financial interest in seeing the project stopped. Since when is new development a bad thing – done well in projects like Atlantic Crossing and other new developments in Delray - they create hundreds of jobs both temporary and permanent and millions of dollars are brought. into the community by the new residents and businesses. This, along with projects that allow new " walkability" and thoughtful design, create great cities. As I stated above, Delray Beach is one of the most successful, vibrant and people friendly cities in south Florida. It has become a magnet for new residents, businesses and economic drivers never before seen in Palm Beach County. After the millions of tax payer funded incentives invested in Clematis Street in WPB it pales in comparison to the success of Atlantic Avenue. Ocean Avenue in Lake Worth is nothing compared to Atlantic Avenue. The main reason for all of the positive activity is simple- through the regeneration of Atlantic Avenue by providing opportunities for new residents to live, work and play downtown - not in the segregated gated communities to the west, Delray Beach has become a great city. It should not be confused with the ridiculous marketing slogan concocted by the Chamber of Commerce years ago - "a village by the sea ". VilIages die -or they naturally evolve into towns and then into cities -- -that is what Delray is doing -it is evolving. Delray will continue to grow, be a vibrant town, attract new residents, customers, businesses - -a project like this gives these interests an added place to go. Successful cities need simple things - -full time residents -and a place for them to work and play – and if possible, by walking to their destination. Downtown Delray Beach needs more smart growth projects like this. I suggest you come down from West Palm Beach and walk the streets of a truly walkable city, see first -hand what the residents are trying to accomplish. Talk to the majority that want to see more downtown residential, commercial and retail opportunities. I think you will be pleasantly surprised. I would also suggest that you read through a number of Urban Land Institute publications regarding changing cities, walkability, urban residential preferences and the positive effects of density on evolving cities. The world is changing and along with it urban planning concepts are evolving into projects like Atlantic Crossing. I would be happy to point you to a number of specific resources. This might change your mind regarding the future direction of urban planning concepts that need to be applied to certain areas of south Florida in the years to come. Being a full time resident that lives a couple blocks away from the proposed project 1 welcome the new neighbors. Enough with the threats of appeals, litigation and delays. Dec. 11, 2013 Wed 12/11/2013 11:19 AM Mayor Glickstein Vice Mayor Jacquet Deputy Vice Mayor Petrolia Commissioner Frankel Commissioner Gray Dear Council Members, Please allow me to introduce myself. My name is Mitch Sinberg and I am Delray Beach resident residing in the Lake Ida community. I'd like to express my support for the proposed Atlantic Crossing development on the east side of downtown. Occupationally, I manage the south Florida offices (Boca Raton and Miami) for a firm called Berkadia Commercial Mortgage which one of the largest commercial mortgage firms in the country and is a subsidiary of Berkshire Hathaway and Leucadia National. Given the improved economic conditions we've experienced locally, I've recently more than doubled my staff in our Boca office and was recently searching for a new office suite to accommodate our growth. As much as I would have loved to have relocated my Boca office to Delray to be closer to my home as well as have all of the amenities of downtown to entertain clients, there are no Class A office options here and I ended up signing a new lease in Boca, Although the space I will be occupying is only +/- 3,5005F, I can only assume there are many other firms like mine (as well as larger and smaller ones) that would love locating in Delray if there were acceptable options. I also firmly believe that Delray Beach is underserved from a multi- family rental /condo perspective. Worthing Place is the only other high quality multi- family rental comparable in downtown and is performing extremely well. From a condo perspective, there is nothing in our immediate area of this quality level. I'm in contact with a lot of young, well paid professionals in Southern Palm Beach County and most would love to live in Downtown Delray but the options are extremely limited on the rental and condo side so they end up living in Boca. I've heard the opposition's concern that the project will make downtown traffic unbearable. From my regular personal experience there is very little, if any, traffic during normal business hours in either direction downtown. Traffic gets heavy during after -hours when the restaurants and bars are hopping. I don't feel this project will have any negative impact on that because the residents who are local to Delray and those who will be living in Atlantic Crossing already utilize alternative means to driving (the downtowner, walking, golf carts) and people coming from other areas have to deal with the downtown weekend traffic irrespective of this project. Lastly, the location and site of this proposed project is currently extremely underserved. Atlantic Crossing will not only improve the aesthetics of the site and area, but wili also improve our city's tax base. I absolutely love living in Delray and love our small -town feel. That said, I am all for responsible growth and believe this project is a good example of that. I am more than happy to continue this discussion if any of you would like and my contact info is below. All the best, Mitch Mitchell F. Sinberg SVP /South Florida Manager Berkadia The industry of One TM 2255 Glades Road, Suite 236W Boca Raton, FL 33431 Phone: 561 -998 -8300 Ext. 206 Cell: 954 -663 -9894 mitch.sinberg@berkadia.com Tue 12/3/2013 8:40 AM Alexander Sapiano [asapiano @hotmail.com] jacquet @mydelraybeach.com; petrolia @mydelraybeach.com; frankel @mydelraybeach.com; agray @mydelraybeach.com; Andrea Knibbs Dear Councilmen: am sending this email today, the day of the final approval of the Atlantic Crossing project, in order to express my concern for and favor of this it. As the President of Porta al Mare townhouses, across from the Atlantic Crossing project, we as a community (of course except Adam Frankel) are in favor of this and hope you will recognize and acknowledge the benefit of this project to the city by finally allowing it to move forward. We have large areas of land downtown not providing any revenue to our city; this is not good and this is one of them. There is someone who is willing to invest in our community, has a viable plan, neighboring support and will eliminate the largest eyesore in our downtown. It will aesthetically improve our downtown, and bring more people to spend time, money and enjoy our city. Our main intersection is an eyesore because of a couple of uninformed narrow minded social activists. We have been in contact with other associations in the area and they too are tired of the challenges this project has endured. It's time for the commissioners to stop siding with the vocal minority and start representing the general good of the entire community, especially our downtown, which is the prime revenue generator of our city. This is a positive god for all; the community and the investors, and the majority of the residents of Delray are in favor of this project. We want this land to be developed inorder for all to enjoy. The fringe minority, who have nothing better to do than find something to protest about seem to get more of your attention. Saving Delray is an honorable cause, but when there is nothing to save, it is only a mantra that inhibits people who want to preserve and grow our community. Sincerely, Alexander Sapiano President Porta al Mare From: MICHAEL POPPER [mai Ito: mpopper(ftellsouth.net] Sent: Friday, November 22, 2013 2:36 PM To: gl cksein @mydelray_beach.com; iacguet @mydelraybeach.com; petrolia(dmydelraybeach.com; Frankel @mydelraybeach.corn; agrayC@mydelraybeach.com Cc: info @atlanticcrossingdel ray. corn Subject: Atlantic Crossing I reside on Palm Trail and I own businesses in Downtown Delray. I would like to see the Atlantic Crossing project move forward. Atlantic Crossing has made a concentrated effort to address the neighborhood'sconcerns. They have worked diligently as good neighbors to make Atlantic Crossing a "win- win ". The resulting plan is in line with the City's master plan, asks for no waivers, and brings tremendous economic and quality of life benefits for all of us. It is exactly the kind of "anchor" we need for east Atlantic Avenue. Here's the basis for my decision to support the redevelopment: 1. There isn't much of a draw for people to cross over the R/R tracks and venture further east. I own a business east of the tracks and I know what a struggle it has been for the last five years. Atlantic Crossing will be a good draw. 2. Atlanic Avenue- The blocks east of the railroad tracks and west of the intercoastal waterway needs a makeover. The four blocks in question are embarassing to all residents in its present condition. Atlantic Crossing is investing in an area that needs to be developed, and as revised, offers many improvements over the plan approved by the Commission in 2008 for this site. 3. Veterans Park- I am a local resident and have a child, so I use Veterans Park. They are donating $500,000 for Veterans Park. The downtown along with our neighborhood will benefit from the improvements that is made possible from this donation. I'm confident the revised plans are a good fit for the neighborhood, the downtown and the City, and ask you to grant final approval. Regards, Michael P. Popper November 19, 2013 City of Delray Beach SPRAB BOARD 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Atlantic Crossings I have had an opportunity to have a careful look at the plans, and as an adjacent neighbor to the property located on NE 7`h Avenue, Delray Beach, I very much endorse this project. I feel that it will be a great asset to the town, and it will provide me a beautiful public access as I walk to the beach every morning. I highly anticipate the completion of this exciting addition to downtown Delray Beach! Sincerely, i �-' Lenz, ray Nfartin 110 N. E. 7th Avenue, #4 Delray Beach, FL 33483 561 - 243 -4654 From: Julie Rodrigues [ mailto ;julie.floridasbest(dgmail.com] Sent: Friday, November 22, 2013 7:36 AM To: a4ray EDmydeiraybeach.com Cc: info (c�atlanticcrossinadelraycom Subject: Atlantic Crossing - how to get updates? Greetings, I am excited about this project & think it is richly & greatly planned... I can definitely see the vision the City has! I'd love to be more involved, to attend Planning Meetings about this & future projects & how to penetrate them so I can help spread the word & help clients purchase & rent... I am a realtor who wants to see this Village grow, and be a part of it! It seems this project will inject positive, stable growth & be a boon to our beloved Downtown. Obviously, if the City has given special permission to Edwards Dev., then they must feel the same as I do. This, to me, marks the future of Delray Beach, with contemporary look & feel that will be emblematic of the Village by the Sea & I feel that this project is a snapshot of its future, more evolved spirit... It echoes the new construction such as The Franklin & Pineapple Grove, yet doesn't lose sight of the art- centric & charming allure of icons such as the Sundy House. Can't wait! Regards, Julie Rodrigues, a Happy & Enthusiastic Delray Beach Resident. Julie Rodrigues Florida's Best Realty, Boca 954 471 9245 From: Rgmoulton <rRmoulton@aol.com> Date: November 21, 2013, 5:49:05 PM EST To: " info @atlanticcrossingdelray.com" < info @atlanticcrossingdelray.com> Subject: Redevelopment Plans I am writing to give my support for the proposed redevelopment of the Atlantic Crossing project. As a long time resident living two blocks away from this proposed plan I welcome the beauty and necessity this sight will bring to Delray. It is a great idea moving into the future for Delray and my wife and I support it 100% Sincerely, Glyn Moulton 180 NE 6th Ave, J Delray Beach, Fl. 33483 rgmoulton(d)aol.com From: "Itennant@TSDWEB.COM" <ltennant@TSDWEB.COM> Date: September 27, 2013, 9:20:35 AM EDT To: "glickstein @mydelraybeach.com" <glickstein @mydelraybeach.com> Cc: " info @atlanticcrossingdelray.com" < info @atlanticcrossingdeiray.com> Subject: Feedback Good morning, am in support of the Atlantic Crossing project. I currently live at the Astor Condos across from the Hyatt and have been here for 5 years. I love Delray Beach and would even consider moving to this new complex. Any idea on the timeline or is it still under review? Thank you! To: Delray Beach City Commission To: "glickstein@mydelraybeach.com" <glickstein @mydelraybeach.com> Cc: Info@ atlanticcrossin delra .com" < info @atlanticcrossingdelray.com> Re: Atlantic Crossing From: Steven Baxter <shveen @aol.com> Date: September 27, 2013, 9:47:58 AM EST mr. glickstein, my congratulations on a good looking project for the down town. since becoming a new resident condo owner in delrey beach i really like the "lets get it done" attitude of improving our town. hopefully the western end of atlanic ave. just east of 95 will also show some signs of new life.(the artistic welcome murals are a good start.)greatjob and lets get it done!!! thank you Steven Baxter JOHN & TINA [hutchjtg @comcast.net] petrolia mydelraybeach.com Fri 11/15/2013 1:44 PM Dear Commissioner Petrolia, We are writing to you in hopes that you are going to pass the Atlantic Crossing project due to be on the agenda next week. The positive changes they have made to the project will enhance the city. We believe that this project will increase the vibrancy our city already has. By allowing this project it will enable the downtown business to draw new business by the increase in foot traffic. By adding living and office space it will encourage people to live and work in our downtown and thus help our economy. We are business owners on Atlantic Avenue for 14 years and we think this project is a positive addition to our downtown. We look forward to your support! Tina Hutchinson J &J Seafood Bar and Grill To: 'glickstein @mydelraybeach.com'; 'jacquet @mydelraybeach.com ; ' petrolia @mydelraybeach.com ; 'frankel @mydelraybeach.com ; 'agray @mydelraybeach.com' Subject: Atlantic Crossing From Sarah Flynn saraf @willcarocomm.com Dear Mayor GIickstein, Vice -Mayor AI lacquet, Deputy vice -mayor Shelly Petro lia, Commissioner Frankel and Commissioner Gray- I live(Lake Ida homeowner), work(small business owner) and play(everywhere) in Delray Beach. I first landed here in the fall of 1991. 1 have watched our wonderful city "grow up." It is time to make the decision to continue our progress as a successful and vibrant community. We need class A office space - and the jobs and employees this will bring to our downtown; this project will have greenspace, and a LEED certified building and a fab "living wall "-the one on Worth Avenue is amazing; we should be grateful that this project includes that entire area — and that there was a vision to create a complete redevelopment project — for consistency and character; we also need the condos and apartments with residents who will support the local shops and restaurants; the economic impact is obvious; and the design is beautiful. I support Atlantic Crossing and urge your approval —the city's approval — for this project. Thank you. Best, Sarah Flynn sarahf@willcarocomm.com To: Delray Beach City Commission To: <Rlickstein @mydelraybeach.com> <jacguet @mvdelravbeach.com >, <petrolia @mydelravbeach.com >, <frankel @mydelraybeach.com >, <agray @mydelraybeach.com> From: Bobby Bresner<bbresner @gmail.com> Date: November 7, 2013 at 12:23:27 PM EST Re: Atlantic Crossing I hope this note finds you all well. As a recent transplant to the Delray /Boynton area (from Manhattan) working in the Real Estate sector I want to formally voice my support for the proposed Atlantic Crossing project. The Atlantic area is in dire need of more 'luxury' residential rental living options for my demographic (young professionals). Also the addition of Class A office space would be hugely beneficial to the local infrastructure. I genuinely find living in the Delray area significantly more desirable than Las Olas in FLL or Brickell in Miami but the area needs to experience expansion to maintain its unique appeal. Aside from the clear advantages of job creation /growth I am very pleased to see the project aims at keeping the unique Delray architecture in mind. Aesthetically it is much more beneficial to re- develop the existing area than simply leave it as is as well. Please let me know if there are other platforms in which I can voice my support or if I can provide more detail. Enjoy the rest of your day. Best Regards, Bobby Bresner 702- 743 -5733 From: Lee [anchorwanker @gmail.com] To: jacquet @mydelraybeach.com Cc: info @atlanticcrossingdelray.com Sent: Thursday, November 14, 2013 1:02 PM Re: Blue Anchor and Atlantic Crossing I totally support the construction of Atlantic Crossing, which the Commission will consider November 20th. We will be directly impacted by this project and I consider it vital to the completion of Downtown Delray Beach. It is of major importance to Delray's future. I look forward to your support in moving this "Jewel in the Crown" to a triumphant conclusion. Best, Lee Harrison, Owner, Blue Anchor British Pub, 804 East Atlantic Avenue. T0: Delray Beach City Commission RE: Atlantic Crossing From: R. Glyn Moulton [mailto:rgmoulton(@aol.com] Sent: Friday, November 22, 2013 11:07 AM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. My wife and I are long time residents of Delray. We live about 2 blocks away from proposed development. We are in full support of this project. It is a beautiful vision with what I consider very responsible plans. My wife has been in Cardiology at Delray Medical for 24 years. I fly a private jet and bring many influential clients into this area year around. We love Delray. We would welcome this most important addition to our community. R. Glyn Moulton, 180 NE 6th Ave Unit I Delray Beach 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Karen Murdock <euromurdockl@yahoo.com> Date: November 21, 2013, 8:08:16 PM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. Thank you all for your vision an support in providing our community with the opportunity to grow and share. Karen Murdock, 234 SW 28 th Avenue Delray Beach, FL 33445 To: Delray Beach City Commission Re: Atlantic Crossing From: John Speacht info @gallery@stuido5.com Date: November 16, 2013, 11:33 AM BST I supportAtlantic Crossing and the vision of a more vibrant east. Atlantic Avenue. This responsible redevelopment plan brings economic, growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. As a business owner in Delray for the last 10 years I have seen great promise and hope to the downtown area. Atlantic avenue has been the most influential aspectbecause of all the popular restaurants and retail stores. Although great as it is, there is limited space for growth for other businesses As a gallery owner Atlantic Crossing for me would be an opportunity to expand my business and have the opportunity for real growth with exceptional exposure . Its time Delray expands there horizons so that more greatness can be achieved here in the downtown area. Thank you. John Spec .owner of Gallery at studio 5 .149 a n.e.2nd ave Delray bch 33444 To: Delray Beach City Commission Re: Atlantic Crossing From: Dr John Ritota <driohn @delraydental.com> Date: November 15, 2013, 9:23:45 PM EST 1 support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval, With all the revisions the final plans when completed will make Delray Beach a stronger and more beautiful city. Dr. John Ritota, 919 Seagate Drive Delray Beach 33483 To: Delray Beach City Commission From: Illustrated Properties <lmagris ipre.com> Re: Atlantic Crossing Date: November 19, 2013, 11:33 AM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. We have 30 real estate agents in this office. We all agree that this project will be a welcome addition to this part of Atlantic Avenue. The latest design plan is beautiful and will offer our clients an opportunity to live and work within walking distance of the downtown area. We are excited for the process to begin. Illustrated Properties, 700 E. Atlantic Avenue, Delray Beach, 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Brett Porak [mailto:bporak@mossemail.com] Sent: Wednesday, November 20, 2013 1:57 PM 1 support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. I am excited to see this project come to fruition. As a professional that works in this arena, I think that this project will have a dramatic impact on our community. I have been very happy that they City over the years has stuck to their guns by not allowing \'Supersized \' projects dictated by developers to encroach on our quality of life downtown. Having reviewed the plans for this project, I think that the project is not too imposing and very scaleable to the downtown corridor. It does not constrain pedestrian traffic flows, and in some ways, enhances the pedestrian environment. I hope that the commission will allow this project to proceed. It is one of the last desolate islands from the downtown corridor to link to the beach. Brett Porak, who lives at 295 NE 5th Ave. Unit 30 \ "San Sebastian \" Delray Beach 33483 T0: Delray Beach City Commission, info @atlanticcrossingdelray.com RE: Atlantic Crossing From: Michael Wolfson [mailto:mwolfson(@c3cloud.com] Date: Wednesday, November 20, 2013 2:23 PM I supportAtlan tic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic, growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I would like to say that as a Delray Resident, we tried to find excellent office space so we could move our office to Delay. It was a long hard find, and we were able to finally get a space that is below our standards but the location is fantastic. What a difference it would have made if there was more adequate space. The Atlantic Crossing plan adds so much to the potential business community. We would love to see this happen as soon as possible, to bring new and vital businesses to our city(town), while also bringing new space for the business owners and workers to stay and shop, as well as eat at our fantastic restaurants. thank you Michael Wolfson, 110 East Atlantic Ave. Delray Beach 33444 Date: Tuesday, December 24, 2013 As I have been living here for 7 years and now I am working here also, I have always wondered why the eastern part of town was not as vibrant as it is west of the railroad tracks. The Atlantic Crossing project will answer this question beautifully. It will finally bring people further east, to enjoy the rest of the town. It will have retail space, more restaurants, more office space for new companies, that want to be a part of the Delray scene. It will also bring us more beautiful places to live and work in. This is a timely project,that will improve Delray and make it better than it is now. I totally support the Atlantic Crossing, and would like to see it happen as soon as possible. Michael Wolfson 9752 Baywood Park Ln Delray Beach 33446 -5644 T0: Delray Beach City Commission RE: Atlantic Crossing From: Bob Buoniconti [mailto:bbuoniconti(@Vahoo.com] Sent: Wednesday, November 20, 2013 2:33 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. The developer has bent over backwards to support and accomadate the requests of the citizens of Delray. The design is unique and original not the typical cookie cutter development seenl throughout S. fl.. Let's approve all the outstanding issues and get the project started, east Atlantic badly needs it! Bob Buoniconti, who lives at 122 s.e 6th avenue unit 1 Delray beach f1. 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Steve Mackey [ mailto :sdmackey(@mackindustrial.com] Sent: Wednesday, November 20, 2013 3:16 PM I support Atlun tic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. 1 urge the City's approval. I think this is a great project that will properly join the east and west sides of Atlantic Ave. There will no longer be a beach side and a west side. It will be one continuous Avenue with no dead spots. The architectural look is fantastic and fits in with Delray very well. That is some of the best property in all of Delray and its a shame that it is so underused at this point. Additionally, as a resident of downtown, I would love to see some more practical retail space that has everyday needs instead of just tourist cloths and ice cream. How about a grocery store or food mart. Steve Mackey, who lives at 295 NE 5th Avenue, #23: San Sebastian Delray Beach 33483 T0: Delray Beach City Commission RE: Atlantic Crossing From: Kim Lee [mailto:babydollred7(@aol.com] Sent: Friday, November 22, 2013 12:35 PM 1 support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits far Downtown Delray, the community and the city. I urge the City's approval. Kim Lee, 229 Via D \' Este 1701 Delray Beach F1 33445 TD: Delray Beach City Commission RE: Atlantic Crossing From: Steven F Wexler <sfw10290att.net> Date: November 24, 2013, 4:07:17 PM EST I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city, 1 urge the City's approval. Love the plans, it's been a long time coming. I'm so excited about this and actually have family considering moving to the area because if all the beautiful[ things that are going on in our city. Keep up the good work, so proud to be a citizen of the city by the sea! Steven F Wexler, 245 NE 11th St Delray Beach33444 T0: Delray Beach City Commission RE: Atlantic Crossing From: Katherine Renz [kayrenzpr @aol.com] Sent: Tuesday, November 26, 2013 12:45 PM I support A tlan tic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. 1 urge the City's approval. As a small business owner I support this development! Katherine Renz 2046 Alta Meadows Lane #1902 Delray Beach, FL 33444 TO: Delray Beach City Commission RE: Atlantic Crossing From: Karen Laucka - Caudill [karen.laucka @live.com] Sent: Sat 12/7/2013 3:02 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. Awesome!! Karen Laucka - Caudill 5 George Bush Blvd Delray Beach 33444 TO: Delray Beach City Commission RE: Atlantic Crossing From: Ted Howsare tedd howsare /XOODLED /Zinn Media [thowsare @zinnmedia.coml Sent: Tue 12/10/2013 8:51 PM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. 1 urge the City's approval. It is projects like this and ones of past that have moved Delray Beach to the forefront in growth as well as one of the best places to live, work, and play. It is the reason the tourist numbers have hit record highs. Let the vision of this projects and others move Delray forward and become the leader in South Florida in tourism, growth and a sustainable downtown area. Thank you. Tedd Howsare 504 East Atlantic Ave Derlay beach in the 33483 ZIP code: T0: Delray Beach City Commission RE: Atlantic Crossing From: Richard G Schagrin [rschagrin @aol.com] Sent: Thu 12/19/2013 19:15 AM I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economicgrowth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. I -Feel this project would be a great addition to Delray and Atlantic Ave. Richard G Schagrin, 15463 Tall Oak Ave Delray Beach 33446 T0: Delray Beach City Commission RE: Atlantic Crossing From: Erika Reyes (erie031 @gmail.com1 Sent: Thu 12/19/2013 10:45 AM 1 support Atlantic Crossing and the vision of a more vibrant east A tlan tic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. 1 urge the City's approval. I look forward to the changes. Erika Reyes 15936 Forsythia Circle Delray Beach 33484 TO: Delray Beach City Commission RE: Atlantic Crossing From: Nany Marchetti [nancykmarchetti @yahoo.com] Sent: Thursday, Dec. 19 I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefits for Downtown Delray, the community and the city. I urge the City's approval. support Atlantic Crossing Nany Marchetti, 198 Loch Maree Lane #3505 DELRAY BEACH 33446 T0: Delray Beach City Commission RE: Atlantic Crossing From: John Weber jweber@uschutes.com Sent: Monday, Dec. 23, 8:52 a.m. I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with ben efitsfor Downtown Delray, the community and the city. I urge the City's approval. I have recently moved to delray beach do to the ongoing vitalization of this community and atlantic ave. John Weber 32 se second ave, unit 510 Delray Beach 33444 TO: Delray Beach City Commission RE: Atlantic Crossing From: NEAL BELLINGER [pbcvetscenter@agmail.com] Sent: Wednesday, November 20, 2013 2:33 PM I support A tlan tic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic growth and greatly enhances the area, with benefitsfor Downtown Delray, the community and the city. 1 urge the City's approval. THIS PROJECT AND THE DESIGN IS ONE OF THE BEST I HAVE EVER SEEN. ONE THAT WILL BE A BOON TO ECONOMY AND COMPLETE THE ATLANTIC AVE CORRIDOR TOWARDS THE BEACH. IT WILL NOT ONLY ENHANCE THE AREA BUT MAKE IT ATTRACTIVE TO NEW RESIDENTS, NEW RESTARUANTS,AND ESPECIALLY FOR THE TOURISTS THAT COME HERE. THE TRAFFIC PROBLEM IS WAY OVER STATED FOR MOST WILL WALK AND WITH THE LOCAL SHUTTLES NOW IN PLACE THAT WILL BE THE MODE OF TRANSPORTATION. NEAL BELLINGER 1060 HOMEWOOD BLVD J101, DELRAY BEACH, FL 33445 From: Erich Schneider and Heather Mckeown [elsdelray @comcast.net] Date. December 23, 2013 5:06 p.m. To: " infoCc @atlanticcrossingdelray.com" < info @atlanticcrossingdelray.com> Delray Beach City Commission Re: Atlantic Crossing I support Atlantic Crossing and the vision of a more vibrant east Atlantic Avenue. This responsible redevelopment plan brings economic, growth andgreatly enhances the area, with benefitsfor Downtown Delray, the community and the city. I urge the City's approval. We need to get this project moving. NO MORE SCREWING AROUND!!! Erich Schneider and Heather Mckeown, 50 East Rd Apt 5G Delray Beach 33483 Traffic Engineering, Transportation Planning TRAFFIC ANALYSIS OF ATLANTIC CROSSING Prepared for: The Florida Coalition for Preservation Prepared by: Susan E. O'Rourke, P.E., Inc 969 SE Federal Highway, Ste. 402 Stuart, Florida 34994 (772) 781 -7918 December 30, 2013 PR13111.0 Prepared by: Profession ngineer Susan E. O'Rourke, P.E., Inc. % uc- Certificate of Authorization: #26869 a t" E 969 SE Federal Highway usan E. O'Rourke, P.E. t Stuart, Florida 34994 Date signed and sealed: 12/313713 772-781-7918 License #: 42684 i 428 SW Akrcn Avenue Suite 1A Stuart. Florida 34994 772.781 . 7916 772.781 9261 fax SEORou rke @comcast. net Traffic Engineering, Transportation Planning December 30, 2013 Mr. Robert Ganger The Florida Coalition for Preservation 235 NE 6='' Avenue, Building F Delray Beach, FL 33483 Re: Atlantic Crossing Neighborhood Study Dear Mr. Ganger: Susan E. O'Rourke, P.E., Inc. has completed the analysis for the Atlantic Crossing Development. The steps in the analysis and ensuing results are summarized herein. It has been a pleasure working with you. Respectfully submitted, SUSAN E. O'ROURKE, P.E., INC. Susan E. O'Rourke, P.E. Registered Civil Engineer — Traffic 428 SW Akron Avenue Suite 1 A Stuart, Florida 34994 772.781.7918 772.781.9261 fax 9ECIRourke@comcast. net TABLE OF CONTENTS EXECUTIVE SUMMARY INTRODUCTION CONCURRENCY ANALYSIS Trip Generation Distribution and Assignments Link Analysis LOCAL ROAD IMPACTS ATLANTIC AVENUE CORRIDOR COORIDOR ANALYSIS — SYNCHRO - -Input - Output/Results TCEA ISSUES ON -SITE ACTIVITIES CONCLUSION TABLES i 1 1 1 1 3 3 6 8 8 8 lI I1 12 TABLE 1 a: Total Traffic 2017 — AM — Peak Hours 4 TABLE I b: Total Traffic 2017 -- PM — Peak Hours 5 TABLE 2: Local Road Traffic — Daily Traffic 7 TABLE 3: Corridor Indicators 10 FIGURES FIGURE 1: Project Location 2 FIGURE 2: Total Traffic — 2017 — PM Peak Hour 9 APPENDICES APPENDIX A — Kim ley- Horn and Associates, Inc. Traffic Study- Key Components APPENDIX B — Traffic Counts APPENDIX C— Neighborhood Data APPENDIX D — Intersection Data APPENDIX E — TCEA Policies EXECUTIVE SUMMARY Puroose of the Analvsis Atlantic Crossing is a high density, mixed use project located at the intersection of Atlantic Avenue and Federal Highway -North, only a few yards from the western end of the Atlantic Avenue Drawbridge connecting the city downtown with the barrier island. Traffic primarily enters /exits the project on NE 7th Avenue, either at Atlantic Avenue or on NE 1st Street. The Atlantic Crossing development is in the city's downtown Traffic Concurrency Exception Area (TCEA), One purpose of such exemption is to encourage development by shifting the burden for mobility from the applicant alone, to a shared applicant AND city assessment of the need for any mitigation measures Appropriate reviews of trip generation, driveways, and project traffic assignments were conducted, but these data were not compared with existing and projected traffic patterns for vehicles other than those entering and exiting the project. Citizens, who were fearful of the impacts of substantial new traffic volumes in or near their neighborhoods, or on routes that they travel frequently, took it upon themselves to help them understand and assess the true traffic impacts of Atlantic Crossing. An independent professional study was commissioned in late October, 2013. Key Findings Several key findings were made as a result of the traffic analysis. These findings relate to the expected volumes along Atlantic Avenue combined with the operation and activities along the roadway, the impacts to neighborhoods and the activities on -site at Atlantic Crossing. 1) By employing a synchronization analysis, the modeling demonstrates substantial delays will be incurred along the Atlantic Avenue corridor from US 1 Southbound to the drawbridge. When the drawbridge is open, the delay will be further amplified. The modeling also confirms that during peak traffic hours the operating conditions on Atlantic Avenue drop to the Level of Service F; roadway speeds are very low; vehicular traffic will exceed the design of the road at turn lanes and thru lanes along the corridor creating spillover; these traffic queues could have impacts on public safety services. Efforts to quantify and manage traffic flows in and around the project are warranted. 2) Given the potential for high levels of traffic, several key findings related to the neighborhoods have been made (a) the neighborhoods of the Marina Historic District, which is currently operating at the high end of its rated Level of Service, and the Palm Trail area, given that 7 'h Avenue would have a substantial increase in traffic as primary access to Atlantic Crossing,are vulnerable to impacts from the project; (b) the need to close 7th Avenue to through traffic, in both Palm Trail and perhaps the Marina District is warranted by any analysis of future traffic flows. 3) A well - planned street level entry/exit into the project on Federal Highway will have a meaningful impact on traffic that might otherwise have no other choice but to access the project from Atlantic Avenue. 4) Atlantic Avenue, east of 1 -95 will be over capacity by 2017, the build -out year for Atlantic Crossing. If this project were not in an exception area, the applicant would be required to address the failure through either a detailed analysis, mitigation or some form of payment. 5) The fact that Atlantic Avenue is an Evacuation Route as well as the main route off the barrier island for Station 2 emergency vehicles, cannot be ignored in future growth management planning. 6) Perhaps most important, the City needs to revise existing transportation mobility plans to take into account not only Atlantic Crossing, but other large development projects currently in the pipeline. Shifting the burden of traffic from major arterial to neighborhood streets is not an acceptable plan. INTRODUCTION Susan E. O'Rourke, P.E., Inc. was retained by a coalition of residents and civic /homeowner associations to address the traffic impacts associated with the proposed Atlantic Crossing Development in Delray Beach. The project is a mixed use re- development project consisting of 82 condominium units; 264 apartments; 83,462 square feet of office; 37,642 square feet of retail development and 37,991 square feet of restaurants. There will be a total of 1089 parking spaces. sub - grade, above grade and surface parking, including use of shared parking. The site is currently occupied by an underutilized mixed use development. Figure 1 illustrates the project location. The purpose of the study is two -fold: 1) To address the neighbors' questions as to how the project would be evaluated if it were required to perform a concurrency analysis and 2) To address specific access, operational and neighborhood concerns associated with the cumulative impacts of the Atlantic Crossing and other approved and proposed projects in the area. CONCURRENCY ANALYSIS Since Atlantic Crossing is in a Traffic Concurrency Exception Area, (TCEA), a full traffic study was not required of the applicant. A traffic study was prepared by Kimley- Horn and Associates, Inc. (KHA) for the applicant that included the project trip generation and assignment. Key details of that study are included as Appendix A. The first step was to review and expand the traffic study through complete project build out in 2017. Trip Generation The KHA traffic report identifies 10,612 daily trips associated with the project, of which 6,436 represent new daily trips based upon approved credits and existing traffic. The site is currently partially developed so not all of the trips are new trips. Per KHA, there would be 347 AM peak hour trips and 621 PM peak hour trips. The trip generation was prepared in accordance with approved Palm Beach County Standards. Reviewers should note that there are two policies in play, the Exception Area and the 110% credit. Even if they were not in a TCEA, the project is afforded a 110% credit of the existing trips for being an "infill" project. This credit reduces the amount of "new trips" that have to be analyzed by the applicant. The purpose of this report is to look at the true impact of the project. While it is understood that the applicant is not responsible under the County's Article 12 (Traffic Performance Standards), it is necessary to understand the true impacts of the project on the surrounding network of streets. - :t INA_' �n -`'.a. b2'm �� _. :� • �.� � f c di +wrN I�! -�'++� r -. µ !'tF :• 'Q !' fZ Z 7. - E 'Q J .. -:,_ l mo w..'- � A -'l �.: P .>+�. �: t f �' . :� t _ • ,�- r .I., � �i .` �� �r tl fi y Nf Jz�z[ �r�m Off, a f o ., I• j�a ;jf� y �� .l & Y! � a -•'3 t� " I [''♦ +A ���T _ �r { ,� [ t^Lif i �J d � K'� r.r r ��,} (,�.� :�- °EAtiii+tl[�A�e�t�`�" «st`� >µ� _iFrAtlanticAve ni, 4 �� �a. t ',- � �� v% i.- S. .Y , 31 I J-41 rt .m�ew+i- .�.�.a e++y,�SJY tits. w .- .y.r•a �^—i.��"y2„''��'�T+7'1t��^�,'� F iStJiw3- � a• j.� r "j� 1 � ry ' I y - x � ail � �+ .� s = 4 1 LV R '�.�_ 11 � w ` " � .`I� P e6 i � � ,.�� � rr7- pJ 1 •, i a •e.q. .'{`may � � _ � � • � y. 144 .•.i ._ l . - � J , 1� W wn. � � N •'� i Distribution and Assignment The KHA report provides a distribution and assignment for the project. There are concerns with the low assignment of trips (4 %) to and from the project crossing the Atlantic Avenue bridge in the direction of Ocean Boulevard. In this analysis we will address the impact of these low trip estimates. Further study may be warranted to confirm this assumption. Link Analysis The roadways in the vicinity of the project were analyzed to address the impact of the project. Tables la and lb summarize the total traffic on the surrounding roadway network as noted by Palm Beach County in the Traffic Performance Standards (TPS) Data Base for the AM and PM peak hour, respectively. Total traffic consists of existing traffic, ambient growth at 1% and traffic from some other approved projects in the area. The County TPS database does not yet include SOFA 2, the Strand and iPic projects. Appendix 8 contains the count data and the traffic information on the "other projects" that are pending and approved in the area. Atlantic Avenue will be over capacity east of 1 -95 by 2017, the build out year of Atlantic Crossing. If this project were not in an exception area, the applicant would be required to address the failure through detailed analysis, mitigation or some type of payment. The delay associated with the over capacity links on Atlantic west of the project will put pressure on vehicular travel to seek other routes. For example, heading west on Atlantic Avenue a traveler will begin to experience higher traffic volumes. This condition may cause some of those travelers to seek other routes including those through the neighboring communities. This condition further exacerbates the type of "cut- through "traffic that neighbors wish to mitigate from the Atlantic Crossing project. As a result, this study recognized the need to include local streets and specific operational concerns that would not be identified in a concurrency analysis. While the Applicant cannot increase capacity at the failure points, they can; along with the City, make improvements in the vicinity of the project to encourage particular travel paths and discourage others. LOCAL ROADWAY IMPACTS In response to neighbors' concerns, the applicant has incorporated the closure of NE 7" Avenue at NE 1" Street into the design plans. It should be noted, however, that the City has not guaranteed closure. The closure of NE 7th Avenue prevents the opportunity for traffic to head directly north from the project or south to the project through the adjacent neighborhood. However, there are no such provisions to prevent travel to the south via SE 7 t Avenue into the Historic Marina District. Traffic volumes on SE 7`h Avenue and the intersecting roadways within the Marina District already experience high volumes of traffic. The potential for more cut - through traffic from Atlantic Crossing is a primary concern to that neighborhood. The closure of NE 7th Avenue to through traffic is the basis of the traffic study, and should be incorporated as an absolute condition for development. Similarly, traffic calming and limited access N A I. Z z;rlriiii��lr I r�rlYlrl� l r rirlr rlr;ry' I ! I V ti l 2.m il°�oo X'�A l IT. �ilii i Al No n ry nm N o rvo M .N-+iiii lf ++ I;i j - ol i � �o°m a, ry u`�i N' I „I:nit € l ry IN l 2E, NIN ' N€ o`o .c m � o n 0 0 nn 001 mi map � m �'.4OEN omEo oo N Nlo NIN NlI of NIm olo mpo �I pp, n m' o mho mE[.om o nir tt � 1,41 bI m ° e I�m OR IOWA mm 1 ry I o Iw im min m M�m i �� NmiN I I Io Ia 0 0�� ov i� i�rvvla!r � �j NIN NfN I�I � Ji N m m�m,m:mimim m!m m m m m m�m'm� m o' iI- c 10, 404+01 oi n v iu 4 7 o i of c c 00 00 i �t a'ol vv a�iNja Y!� m;ml�al I I I i la I I� ICI I io" dl I I I m a O O F G � v a c 3 E E U a 0 oa„ '_^ .ten 3 w m u N s � A �w66� D m a m � c t U V L m ` m M s Z E u r- E E -w W E mms pj g 'A"o ju� g g iry 01- cq E' E. '17i 4I14�N Is Q! oi 00 —A—lo sit; 010 -E g -E! tz 86 2 .12 I.E- 2 S 'i E TI 12 E u r- E E -w W E mms should be employed to minimize the travel of vehicles through the Marina District and Palm Trail via SE & NE 7th Avenue. Restricting turning movements, constructing bump outs and other street components that reduce the street width and thereby speeds and /or constructing roundabouts should be considered as part of the mitigation strategies. Traffic counts were undertaken in March of 2013 for the Marina District by Traffic Survey Specialists. Table 2 shows the traffic volumes on the roadways. Note that the segments at Atlantic Avenue and SE 1" and SE 7th Ave and Federal Highway will be over capacity. The traffic volumes and the Level of Service will drop from D to F on Atlantic Avenue and SE 1'` and will drop from D to E on SE 7th Ave and Federal Highway_ The capacity threshold of the streets in Table 2 is defined at 1,800 vehicles per day at Level of Service D. While a roadway can accommodate a theoretical number of vehicles based on its geometric design, the maximum volume that neighborhood residents along a roadway can tolerate is much lower. These thresholds are based on ability to cross -the street, ride a bicycle, walk a dog, minimize noise and maintain a "residential state ". For example, California communities and various organizations have developed thresholds based on various quality of life indicators. The selected thresholds used were not only developed from sound base data but tested in actual neighborhoods. Appendix C contains the details on the neighborhood thresholds. The City of Delray Beach could adopt these thresholds or identify different thresholds for neighborhood streets. Whatever is selected, a method for reviewing vehicular impacts in neighborhoods should be considered and should rely on capacity and threshold values that are far less than major roadway capacities included in Palm Beach County Article 12 ATLANTIC AVENUE CORRIDOR Atlantic Avenue is a designated evacuation route. It also is the route to the hospital from the barrier and other eastern neighborhoods served by Fire Station number 2 off N. Andrews Avenue. These features require even more attention to mobility on Atlantic Avenue. Atlantic Crossing assigns only 4 percent of the traffic to the barrier island. For example, peak hour incremental trips In and Out of 7th Avenue to A1A are shown as 5 trips in AM peak and 9 trips in PM peak. While the 4% estimate value may be low, it was not changed for analytical purposes. The capacity of the E. Atlantic Bridge is correctly shown as a 4 lane facility. However, the four lane section ends at SE 7th Avenue. One lane drops into the turn lane as one heads west. This pattern could encourage vehicles to turn to avoid traffic through the downtown and travel through the neighborhood streets. The bridge over the intracoastal is scheduled to open at the quarter and three quarters hour mark; openings last an average of 6 -8 minutes each time. During these times, prior to the Atlantic Crossing project being built, the queue can be extensive during peak hours and west bound traffic can extend back to Ocean Boulevard since there is no time limit to ship traffic passing underneath. Having a main access at NE 71h Avenue and Atlantic Avenue just 650 feet from the bridge, could cause additional burden of delays and congestion in this corridor. The development of project ingress on US 1 4l L a+ 0 Q L Q L 4C z N W m Q H cQ LLm a 0 v ° m � o � f V A O F M N C M N O N IA N 00 F ON v N � � E u c A a � 4 i m N rn N N m H a fi � C O N (� E 0 0 L a L o°a m m a°�o ro m m m 3 x 3 x 3 x O 1— VI w su ut !n N _ VI N W VI A VI u C Q j > W u vf'i Q Q Q E C m = -O m m L n L n L n a IL Q Q Iw/1 V1 ✓WI tW/1 E d m m % Q a' y N H in a vWi H vWi � O L r V O O L O a t OG Z O z d w 0 a Northbound, could minimize the additional traffic added in this corridor and should be further studied. This access should connect through to tt Avenue. CORRIDOR ANALYSIS - SYNCHRO A detailed analysis of the travel patterns along Atlantic Avenue were simulated using Synchro. Synchro is analytical software that is used to illustrate the operating conditions along a roadway under various conditions. The numerical values are converted into vehicular images that are shown traveling the corridor. Transportation metrics such as speed, delay and queuing just to name a few, can be measured and presented illustratively for review and discussion. Automobile and Multi -modal transportation (transit, bicycling, pedestrian activity) can be evaluated. All analyses are based on the 2010 Highway Capacity Manual methodologies. To conduct the simulation, 2017 traffic volumes were estimated for each of the key intersections to include: US 1 South Bound at Atlantic Avenue, US 1 North Bound at Atlantic Avenue and 71' Avenue at Atlantic Avenue. Link volumes from the TPS data base for Atlantic Avenue west of US 1 South Bound and east of 7th Avenue were also used to complete the corridor. Traffic from other projects, as identified in the previous report section, was also added to the data. Figure 2 shows the Total Traffic estimated to be in place in 2017 for the PM Peak Hour. Appendix D contains the intersection data included in the Synchronization. Input -- Factors that could change the capacity of the roadway are: presence of pedestrians, delay from the bridge opening, presence of bicyclists, operation of the City trolleys, on- street parking maneuvers along Atlantic Avenue, and conflicting turning movements such as left turn movements into and out of the project. Approximately 25 pedestrians per segment were estimated to cross the street per hour; 2 parking maneuvers per parking space along each block were assumed per hour and the trolleys were assumed to stop at two locations 5 times per hour assuming 30 minute headways for one route and 20 minute headways for the other route. The draw bridge timing was assumed to be 6.5 minutes. Although there may be delays associated with valet parking and emergency response activities, these activities were not factored into the simulation. Again, further study may be warranted to include all factors. Output /Results -- The results show that there will be queues along Atlantic Avenue specifically at the eastbound thru lanes and the eastbound left turn lanes. Tables 3a and 3b summarize the key indicators associated with the results of the Synchro Runs. Table 3a shows that average travel speeds will be 6 MPH in the eastbound direction and 7 MPH in the westbound direction. These speeds equate to level of service F. Table 3b shows that of the 17 key, evaluated movements along the corridor, 9 movements were observed to exceed the roadway length (storage) designed for those movements. When these conditions persist, traffic will have the potential to search for alternate routes through neighborhood streets. 9 v 0 m a a anup umo 9 m D � O T I N W 6 cc F y Tanuany 47L o ry Pu^ -14NON T sn ( - -v mg m o W Lj ' v pi gN puno9tgnaST sn $ c a r �zE z a z 9 v 0 m a 10 Level of Service Level (LOS) F reflects a failing condition. LOS F in layman terms means unstable speed with the formation of waiting lines at several points. There are cycles of stop and departure with no apparent logic. A high level of vigilance is required for the user with practically no comfort. (Derived from, Dr. Jean Paul Rodrigue, Hofstra University, New York) TCEAISSUES There are several policies within the City of Delray Beach Comprehensive plan that address the TCEA. These policies are provided as Appendix D. These conditions direct the development of non - motorized transportation and the reduction in travel demand; however they are philosophical in nature and without quantitative thresholds or guidelines. The City has undertaken many of the tasks outlined in those policies to include improvement of the downtown shuttle service and pedestrian access. In addition, the local organization of SAFE, has been taking action to ensure the individual projects incorporate components of Transportation Demand Management and alternative transportation modes. The proposed conditions of approval have the potential to reduce the Atlantic Crossing traffic while increasing safety in the area, but there is no guarantee that traffic will be reduced. Due to the uncertainty of the effect of these mitigation measures, the project applicant could not apply any reductions based upon these measures. It is the obligation of the City of Delray Beach to monitor and ensure that these measures improve mobility and safety in the area. Reasonable vehicular levels of service should still be afforded to the community. Monitoring and mitigation should be in place to ensure that vehicular traffic does not increase to unacceptable levels simply because there is no obligation to monitor it through concurrency. TCEA wide policies, measures and "triggers ", should be in place to ensure that programs are implemented in a timely manner and ensure that traffic levels are able to be handled within the downtown area by the infrastructure in place or by proposed mitigation measures. ON -SITE ACTIVITIES There are many functions on a mixed -use, high density urban site that differ from a suburban plan. These functions could include but are not limited to garage parking, valet parking, loading and unloading and deliveries. The location of the retail and restaurants along the Atlantic Avenue frontage may encourage drop off loading, unloading and retail and restaurant deliveries to be made directly from the street. Such activities would further inhibit travel along Atlantic Avenue. Parking for the many uses, combined with a shared component typically involves close management of turnover and use. The exchange time to pay an attendant, pick up a ticket, or engage valet could lead to defays onto the local surface streets or may result in cars parking in adjacent neighborhoods to avoid such delays. Every effort should be made in the site plan to provide for the convenient implementation of these activities on site. Parking could be facilitated through such parking management tools such as those 11 offered by Streetline.com. In- ground sensors and phone applications allow drivers and managers to be informed about where spaces are available. Overtime, the data can be used to develop more efficient processes or even coordinate with on- street and nearby lots. The valet service to be provided, estimates that it will process 89 vehicles in an hour with a 3.75 minute process time per vehicle. To estimate the queue associated with the valet service the following equation is applied; number of vehicles per hour x 25 feet x 2 (95% confidence factor)/ 16 cars processed per hour per person x number of valet personnel =145 foot queue with two (2) valet personnel. The valet area is shown as 160 feet from the turn into the project off Atlantic Avenue to the valet station. The presence of the valet service should be reflected in what is Figure 4 of the Kimley —Horn and Associates, Inc. (KHA) Study included here in Appendix A. KHA Figure 4 shows the project traffic at the driveways. However, valet vehicles will come into the valet area as they are included in that figure, but they should also be shown exiting the driveway and entering the parking garage. In reality, the 89 valet vehicles in the peak hour should be shown as 267 trip ends at the 7 1 Avenue Driveway location. (89 into the loop, 89 out of the loop and 89 into the garage.) Additionally, there would be 89 valet attendants potentially crossing 7th Avenue after parking the vehicles. If the number of vehicles increase, valet personnel decrease, or the processing time increases, the queue will be extended and potential of back up onto Atlantic Avenue is high. CONCLUSION The proposed Atlantic Crossing has the potential to adversely impact the immediate surrounding street system. Since it is in the TCEA, there was not a full analysis of the project's impacts on the surrounding roadway network. Analyses herein identify several issues. 1) There is the potential for substantial delays along Atlantic Avenue in the PM peak hour from US 1 to the bridge over the intracoastal. Factors including on- street parking, high level of pedestrians, the trolley stops and the draw bridge processing time can all add up to delay in the corridor. Mobility analyses that address these issues could be required of development within the area. Synchro analysis or other Highway Capacity Manual 2010 based Multi -Modal analyses such as that included in the Highway Capacity Software (HCS) could help address impacts from new projects. 2) On -site analyses to include a full evaluation of the valet service and its impact on 7ch Avenue and Atlantic Avenue should be provided. 3) The cumulative impacts of Atlantic Crossing and developments to the west will place additional demand on the network. As this occurs, there will be more potential for cut - through traffic in the neighborhoods, specifically the Marina District and Palm Trail via 7 "' Avenue. The City should consider adopting residential vehicle thresholds that reflect the need to maintain a residential quality that are lower than the standard design based capacities. Given the higher volumes that are expected, traffic 12 calming and treatments to discourage travel through the Marina District and Palm Trail should also be incorporated. Mitigation measures that have been presented as possible measures should be conditioned to the project or committed by the City to ensure that the traffic impacts are addressed. Further study by the City may be warranted per the aforementioned issues raised. 13 APPENDIX A KIMLEY HORN AND ASSOCIATES TRAFFIC STUDY KEY COMPONENTS Al PP'- ®� Kimley -Morn ® ® and Associates, Inc. LAND USE SUMMARY The existing site consists of a mix of land uses that has been in existence for more than five years and has been in operation within the past five years. The proposed project will include a mix of integrated land uses that-support the City's multimodal TCRA and CRA goals. The following table summarizes the existing and proposed uses for the site: Existing Uses Proposed Uses . 47,846 s.f. Retail . 37,642 s.f. Retail . 100,658 s.f. Office . 83,462 s.f. Office . 288 s.f. Drive - Through Bank • 37,991 s.f. Restaurant . Fueling Station (4 pumps) . 82 Condominiums with 616 s.f_ Convenience • 264 Apartments Store • 864 s.f. Mini - Warehouse /Storage Shed • 8 Apartments A2 TCEA Traffic Impact Study - Atlantic Plaza Page 3 TABLE 1A ATLANTIC PLAZA TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total in Out Total In I Out Exlsitnq Site Traffic General Commercial 47,846 sq. fL 4,206 48 29 19 385 185 200 General Once 100,658 sq. R. 1,341 189 166 23 189 32 157 Drive -In Bank 288 sq. ff. 43 4 2 2 13 7 6 Gas Station Mth Coiweniellce Market 4 pumps 616 sq. fl. 983 T7 39 38 77 39 38 Mini- Wareh —ISS 864 sq. R 2 0 0 0 0 0 0 Apartment 8 units 56 8 2 6 5 3 2 Subtotal 6,631 326 238 88 669 266 403 Internal Capture 5.00% 332 16 12 4 33 13 20 Pass -By Capture General Commercial 472% 1,886 22 13 9 173 83 90 General Office 5.0% 64 9 8 1 9 2 7 Drive -In Bank 47.0% 19 2 1 1 6 3 3 Gas Station with Convenience Market 50.0% 467 37 19 18 37 19 18 Mini- Warehousels$ 10.0% 0 0 D . 0 0 0 0 Apartment - 0.0% . 0. 0 . .0 . 0. .0. .0 0 Subtotal 2,436 70 41 29 225 107 118 Driveway Volumes 6,299 310 226 84 638 253 383 Net Extsfi g Residen0at Taps 53 8 2 6 5 3 2 Net Existing Non - Residential Trips 3,810 232 183 49 406 143 263 3,863 240 185 55 411 146 265 Net Existing Trips 110% Development Credit 4,249 264 204 60 452 161 291 Proposed Site Track Retail 37.642 sq. ft. 3,612 39 24 15 329 158 171 Office 83,462 sq. R. 1,161 162 143 19 165 28 137 Restaurant 37,991 sq. fL 3,417 31 16 15 285 191 94 Condominiums 82 units 574 44 7 37 51 34 17 Apartment 264 units 1,848 133 27 •106 164 103 61 Subtotal 10,612 409 217 192 994 514 480 Internal Capture Daily AM PM TWA 10.00% 7.65% Retail 283 4 2 2 25 12 13 Office 1258% 1.85% 6.67% 146 3 3 0 11 2 9 Restaurant 7.84% 1.rli 7.65% 268 3 2 2 22 15 7 Condominiums 18.13% 2.Zfi% 18.80% 104 1 0 1 9 6 3 Apartment 18.13% 2.26% 18.60% 335 1 3 1 1 2 1 31 19 11 10.70% 3.42% 9.86% 1,136 14 8 98 54 43 Subtotal Pass -By Capture Retal 49.4% 1,593 19 11 147 70 77 Office 10.0% 104 16 14 15 3 12 Restaurant 44.0% 1,343 13 7 r46 113 75 38 Condominiums 0.0% 0- 0 0 0 0 0 Apartment 0.0% 0 0 0 0 0 D 3,040 48 32 275 f48 127 Subtotal Residential Driveway Volumes 1,983 173 33 175 112 69 Non- ResidenSall)dveway Volumes 7 ,493 222 176 721 348 373 Driveway Volumes 9,476 395 209 185 896 460 437 Net Proposed Residential Trips 1,963 173 33 140 175 112 64 Net Proposed rion- Residendai Trips 4,453 174 144 29 446 200 246 Net Proposed Trips 6,436 347 177 169 621 312 310 Net New External Traffic 2,187 83 -27 109 169 151 19 Net New External Residential Traffic 1,925 16d 31 139 170 109 62 Net New External Non- Resid— ial Traffic 262 -81 -58 -24 -1 42 43 Note: Trip generation was calculated using the data in Tat le 113 ep, ruucnmo- .r.eparmusm<�w.�m+a.w -•o�� m)w ��i- m/ns:e. A3 >•❑ =1w 1w O Wa, XlWpaom N.fmrbv, k Page 8 General Commercial [P.B.C.] General Office Drive -In Bank Gas Station with Convenience Market [P.B.C.] Mini- WarehowWSS [P.B.C.] Apartment [P,B.C.] Condominiums [P.B.C.] Restaurant - Quality Restaurant [P.BA.] AM Peak Hour of Adjacent Street Traffic General Commercial [P.B.C.] General Office [P.B.C.] Drive -In Bank [P,B,C.] Gas Station with Convenience Market [P.B.C.] Mini- WarehouseISS [P.B.C.] Apartment [P.B.C.] Condominiums [P.B -O.] Restaurant - Quality Restaurant [P.B.Cj PM Peak Hour of Adjacent Street Traffic General Commeroial [P.B.C.] General Office [P.B.C.] Drive -In Bank [P.B.C.] Gas Station with Convenience Market [P.B.C.] Mini- WafehouseISS [P.B.C.] Apartment [P.B.C.] Condominiums [P.B.C.] Resta urant - Quality Restaurant [P.B.C.] Pass -6y Capture General Commercial [P.B.C.] TABLE IE ATLANTIC PLAZA TRIP GENERATION EQUATIONS = Ln(n= 0.65`Ln(X) +5.83 = Ln(T)= 0.77'Ln(X) +3.65 = 148.15 trips per 1,000 s.f = 168.56 trips per pump+ (1- 0.32)'737.99 Gips per 1,000 s.f. = 2.50 Lips per 1,000 s.f. = 7 trips per dwelling unit = 7 trips per dwelling unit = 89.95 trips per 1,000 s.f = 1.00 trips per 1,000 s.f.(61 %in, 39% out) = LnM=0.80•Ln(X) +1.55(86 %in, 12-1. out) = 12.35 trips per 1,000 s.f (56% in, 44% out) = 12,16 trips per pump (50% in, 50% out) + (t- 0.32)'67.03 trips per 1.000 s.f. (50% in, 50% out) = 0.15 trips per 1,000 s.f. (59% in, 41 % out) = T= 0.49(X) +3.73(20 %in, 80%out) = Ln(T)= 0.80'Ln(X) +0.26(17 %In, 83% out) _ 0.81 trips par 1,000 s.f (Assume 50% in, 50% out) - Ln(T) = 0.66 Ln(X) + 3.40 (48% in, 52% out) Le(T) = 0 -74' Ln(X) + 1.83 (17% in, 83% out) = 45.74 trips per 1,000 s.f (50% in, 50% out) = 13.38 trips per pump (50% in, 50% out) +(1 -0.32)'52.41 trips per 1,000 s.f. (51 %in, 49% out) 0.26 trips per 1,000 s.f. (51 %in, 49 % out) 0.62 trips per dwelling unit (65% in, 35% out) Lr(T) = 0.82' Ln(X) 10.32 (67% in, 33% out) = 7.49 trips per 1,000 s.f (67% in, 339/ aut) %= 83.18 - 9.3'LN(s.flf000) i erdAsmdatR lrc owrs,rn,.qu�o,uw�ea ac A4 Page 9 N 2 Ay a .°.' George Bush y m Boulevard 15 Lake Ida Road 12 2 2 15 5 PROJECT SITE . . . . 1st Street 10. - 15 40 45 50 35 4 Atlantic 35 Avenue 10 Street 15 15 a 10 1 5 4 CA f 20 m° D C/I a m 3 m 'c 3 ai ra D < �+ F o m 13 m c 0 y C m U c o m m a z a N w m m c 0 u 2 3 5 Lowson Boulevard 15 5 2 Linton Boulevard S 2 FIGURE 2A LEGEND TRAFFIC DISTRIBUTION (INBOUND) NORTH SITE ATLANTIC PLAZA ®Mfl Kimley -Hom `® and Associates, Inc. A5 13 2 oy a George Bush m Boulevard S 15 Lake Ida Road 12 2 15 2 5 PROJECT SITE . . . . . . . . . . 15t Street. -10 15 40 45 50 50 4 Atlantic 20 Avenue V Street a 10 1 � 5 3 g c+ � 20 m D 3 W 6 m 3 O m c o s 13 m c z s m � p 3 C W a 2 L1. a N N m m C m U Z 3 � Lowson Boulevard 15 5 2 Linton Boulevard 8 2 FIGURE 2B LEGEND TRAFFIC DISTRIBUTION (OUTBOUND) NORTH SITE ATLANTIC PLAZA OPP-=" Kimley -i-Iom ® and Associates, Inc_ A6 m N e (12) 3 10% —> C H N N O C --I 2 W O C z L3 (37) 11 33%--> (30) 9 26 %--j (7) 2 7 %'—> N W ..r (9) 3 8% – N E 15T STREET �(11) 3 10% e z m V x 4 z z C m I �3 Ff (11) 3 9%--!;� rn w. 3 e w L 491. 1(4) ATLANTIC AVENUE w _ LEGEND FIGURE 3A r ,) SITE BOUNDARY XX AM PEAK HOUR INBOUND RESIDENTIAL iJORTH O DRIVEWAY NUMBER TRAFFIC VOLUME TRAFFIC DISTRIBUTION (XX) PM PEAK HOUR ATLANTIC PLAZA X% TRAFFIC DISTRIBUTION Kimley -Horn TRAFFIC VOLUME ®� and Associates; Inc- A7 (11) 3" 10% w (80) 24 71% .m .CR Iw m _ V1 }� i.., u w Z N l0 o 0 O Z o' 1 O , C z v (37) 11 33%--> (30) 9 26 %--j (7) 2 7 %'—> N W ..r (9) 3 8% – N E 15T STREET �(11) 3 10% e z m V x 4 z z C m I �3 Ff (11) 3 9%--!;� rn w. 3 e w L 491. 1(4) ATLANTIC AVENUE w _ LEGEND FIGURE 3A r ,) SITE BOUNDARY XX AM PEAK HOUR INBOUND RESIDENTIAL iJORTH O DRIVEWAY NUMBER TRAFFIC VOLUME TRAFFIC DISTRIBUTION (XX) PM PEAK HOUR ATLANTIC PLAZA X% TRAFFIC DISTRIBUTION Kimley -Horn TRAFFIC VOLUME ®� and Associates; Inc- A7 C N O C 2 W O C z R N f-� V O Ul N �O N 0 0 j <-10 % 1 r -57% S <- 6% S r- 1% 2 4 (7) 5% 6 (3) 1(37) F 25% 36 (17) i� NE IST STREET N O m to p V IN V = V v Z C I m N m N ZO 52 %52% X776 (34) O I C (7) 15 10 %� p (11) 24 16% I O [O (1 V V A 4) (1) I <-7% 10 (5) Y' E-- 10% 14 (7) NE IST STREET 0 o I N t 10% 14 (7) 2% 3 (1) �9 �J ATLANTIC AVENUE 1 _ LEGEND FIGURE 36 SITE BOUNDARY XX AM PEAK HOUR OUTBOUND RESIDENTIAL Ol DRIVEWAY NUMBER TRAFFIC VOLUME TRAFFIC DISTRIBUTION NORTH ATLANTIC PLAZA X% TRAFFIC DISTRIBUTION () PM PEAK HOUR TRAFFIC VOLUME ®M� Kimley -Horn ®® and Associates, Inc. AS E-- 10% 14 (7) NE IST STREET 0 o I N t 10% 14 (7) 2% 3 (1) �9 �J ATLANTIC AVENUE 1 _ LEGEND FIGURE 36 SITE BOUNDARY XX AM PEAK HOUR OUTBOUND RESIDENTIAL Ol DRIVEWAY NUMBER TRAFFIC VOLUME TRAFFIC DISTRIBUTION NORTH ATLANTIC PLAZA X% TRAFFIC DISTRIBUTION () PM PEAK HOUR TRAFFIC VOLUME ®M� Kimley -Horn ®® and Associates, Inc. AS AS m w N M <-18 (44) t-- 10 (33) �90 (112) F 47 (110) _ . (30) 17.-->. _ .. (98) 44^x! (112) 54...:.) (17) 9 I (135) 53 O � m Z 73 N p (112) 54 N V N s O N a �D �. F 19 (97) 11 (72) (j3O(169) L2 (19) A C Z V m m JO0 Z (176) 81–> C z t (162) 81- m C I 0o A � -- ^' o Z �L76 (59) 03 w I 1 (14) 15 Z Z IY 2 492 '� Q O l 1 Z 73 N p (112) 54 I s O N a �D �. F 19 (97) 11 (72) (j3O(169) L2 (19) 5 JO0 2 2,371 (176) 81–> (106) 48� t (162) 81- { (87) 43 s� 10 A W L (74) 35--il � I � A V W (n F 27 (115) NE 1sT STREET ATLANTIC AVENUE A N _ LEGEND FIGURE 4 SITE BOUNDARY XX AM PEAK HOUR PROJECTED NORTH O DRIVEWAY NUMBER TRAFFIC VOLUME SITE ACCESS VOLUMES (XX) PM PEAK HOUR ATLANTIC PLAZA XXX DAILY TRAFFIC VOLUME TRAFFICVOLUME PFIl®rl Kimley -Horn ®® and Associates, Inc. A9 (112) 54 W N 'O V 5 JO0 2 2,371 2,307 L15(14) { 24 (173) s� 10 I L (74) 35--il � I � V Obi w 1,527 +-8(19) ATLANTIC AVENUE A N _ LEGEND FIGURE 4 SITE BOUNDARY XX AM PEAK HOUR PROJECTED NORTH O DRIVEWAY NUMBER TRAFFIC VOLUME SITE ACCESS VOLUMES (XX) PM PEAK HOUR ATLANTIC PLAZA XXX DAILY TRAFFIC VOLUME TRAFFICVOLUME PFIl®rl Kimley -Horn ®® and Associates, Inc. A9 APPENDIX B TRAFFIC COUNTS 81 ROlWNAME: WA1bi0.icAVe MMD a STAlW4R 5615 iNW:A�POtl1f Repot Cr¢at¢k ll(H• %(DS} C1R0iENTYFAR: ANA113l5YEIlL 21113 2617 TO; NSwia9n Are 6ROSVfN MT£ SE4% [d1NTM3E: 3/38f2613 ASF: f urxA.a3Y:a T POtigtl AM PM O'¢tt16m 3way M8f® SB,M'8 2-weV NB(EB 59j1v0 E»st6gVOhane 1621 ]fi34 824 8]9 619 1 @fi 1824 82f1 870 962 %2 Peak Vaux IvYe*sn91 %1 D D O D O 0 vo6meaRagsaYSbi 1624 ffi4 839 I876 ME fommitteddrn'3g4oarts Type %Cglna4'. AOamic Hi�Sdwoi 0 D 6 6 NR 160% ('pnFTtae OR P D 6 0 NR FW% tiRhtln6re —Pp 13 4 9 !3 9 4 NR 0% Oty.,mpe 1 1 2 32 6 6 NR 50% vJlages at5wimgn Square 0 0 0 0 0 6 Res 0% YdlasintMGro're 15 51 n 29 TM V6Ogp a[0.1my O D O R.g 1069E Urves Mitlde Sds.lEVynvpn to 5 3 1 1 NR Sn IPad:ApNtm4ra6 33 14 19 36 21 15 Rt5 46% YJlaee S9inm 15 14 1 16 4 32 Rea OM New CmtWC chards 1 4 5 E1 1A TntiT GYwTl�aed5ded {13y Cam 12 6 5 AtWttl. Plaza 68 35 33 61 58% Fa11E B ?9 f2 Ii 30 1s 1pt odr 31 2 24 54 32 2E Res O% oblCVnnunetl OetPloyaSAn 243 133 3i0 153 In Twwmmitma RevdenNa fib ss] 13e lzD T6W [.mmBtNNI1nAS.dentiai 95 41 51 113 55 ....e Cast Red+albn 19 8 10 23 it 11 Taal Dnmw�tMCOmmin do¢vclopmmts 224 100 113 341 lee 166 H414tIa1Growth 123 62 62 138 % 73 Caa.o —MG.q 290 133 156 421 21] 205 Gmwt6 Ydume0ud 290 133 156 421 21) 105 TotalVdum. 191. 952 915 2242 368'1 1167 ana 41D IOSOC :inonY 3]20 1]20 S]N 32HI iT20 1n0 IinkMreDTest l) T6 YES YES Yf5 YES YES IOSE Upatily 3400 16]0 1670 3400 1810 1670 link Me¢tsTen 22 YFS TES 765 Ya YES TES Input — NAME:WAtlantkASe TIDN. 5309 �INOM Report [rea[sd:l / /O.J2D13 CORRENTTEM: 1613 Nlmentate 95 ANMYSISTEAA: 2011 MIOPOINI GROWINMtE: 9.04% CWMOATE: 3 /33/2013 PSF: 1 N Pm s ¢p ud PM 0ue6io on Dwry NBfEO S8/VIB 2uaY NB/ED 56/We EmtingVavmc 3065 368. 1381 3313 k683 36TY Peak vdlmc 3 %5 16Rq 1381 3313 16e3 16]2 wvesl.nryp o 0 6 0 o D VPhmreaker DNasfnt 3065 1684 1381 3313 1683 167] Cqn. Ri Dese'gpnla6N TYp. %C om . p6hNlc N6h Sdwl O 0 0 o O 0 NR 10616 Coral Tnts ORl�Pan 0 0 0 O NR 1W% ygntMUCefangq 2fi ST a 2fi B nR 0% G[yapc } 1 1 11 6 R 50% MIMCrtSMnttm5ln¢rc O 0 0 0 0 0 0% YAas mtMGrvve ZB is 13 51 22 29 Nfl 0% ThevAlage atDd[ay 0 0 0 0 0 6 Ps 100% Carver Midae 5tlmlEaparmn 5 3 1 1 NR OM Cnrpess Pah ppanmems 36 14 19 36 31 15 Res .6% YWge 59wm 15 W 1 11 12 Res M6 New GntW COUNyaids 1 -9 5 21 14 T Res 0% TNrvh0rarrhard Sdro.4paYUm It 1 5 2 2 NR 16% ALL rcKptan 68 35 33 130 6. Fes 58% Ra11RNdlnn 19 17 12 . 15 NR O% Op—Delray 31 T 24 Sa 32 11 Res 096 Total Committed 0a lapmenss 2Sfi 126 12r 383 192 191 T" Cnnva[ted R.sidvA 146 66 n 15] In ll0 onl Cgmmit[M MOn11es61aitiai 106 45 lEfi 54 TS Oeu6le CO- R¢dumi.n n 12 9 15 11 1, Total Discpumed [ommitiedo leprm[s 234 114 St. 358 S.1 ITS 14s1prid Grmwlr ]lrs TY1 5]4 In. IN 696 Carom — %6— 356 11 453 149 14s Gravrtn Vaumc VUd 3115 701 5]4 1378 Nlil 698 Taal 1e1— 4340 2385 1955 4691 2383 2375 Cann 41n wsoup —, 32to 1710 mo 3220 I"o 2m Lnk Meetr Test l2 NO NO NO NO NO NO 11)SEUSVdIy 3400 48]0 1830 3400 1870 1820 rink Mews Testn NO NG NO NO NO NO B2 [ones 2L LOS D Capacity 1480 810 810 1480 810 810 Unk Meets Test l? YES YES YES YES YES YES LOS E Upod" 1570 860 860 1570 860 860 Unk Meets Test 2? YES YES YES YES YES YES Input Dam ROAD NAME: Ad— Are STATION: 5817 Report C,,nkd:ll /13(2013 CURRENT YEAR: 2013 2013 FROM: Midpoint N Swinton Ave ANAtV 64R: 2017 TO: NE 5th Aw Midpoint GROWTH RATE: -134% GROWTH PATE: COUNT DATE: 3 11812013 COUNT DATE: PGF: 3/18 12033 1 PST: 1 Time Ponoa Unk AUlos PM Time Pori otl AM 2_Y PM 50/WB 2-waV NB /EB 56/WB Direciun 2 -way N0 /E8 5R/WB 2-way NB /w SB/WB S87 413 F—ing Volume 6]3 355 316 887 413 482 316 687 Peak Volume 1 355 316 887 413 482 0 o DiYetsionl %f o D D o 0 0 671 355 Volume ahcr Diverston 611 355 316 887 413 482 Committe6 Deveopments Committedn— lop men6 Type %Complete Type %Complete 0 Ad-no High School 0 0 0 0 0 0 N 103% Llehth —o CPmpi. 16 5 11 17 12 5 NR 0% Cityscape 3 1 1 12 6 6 NR 50% Villages a[Swinton Squats 0 0 0 0 0 D Res 0% villas in dheGrovp 16 7 9 29 16 13 NR )% Congress Park Apartments 33 14 19 36 21 15 Res 46% N¢w Century Courtyards 1 -5 7 28 19 9 Aes 0% TrY."Church and School Day Care 8 4 4 3 1 1 NR 761% AU."" Pt­ 37 145 39 37 145 74 71 Res 58% FairReltl Inn 23 SO 14 24 12 12 NR 2% Uptown Delray 31 7 24 % 32 22 Res 0% Total Committed De"I.Pments 206 82 127 346 193 159 TomlWmmitWReddomf.I 140 Tonal Committed Residential £40 55 87 263 146 117 Tot I rmnitted Non- Residenial 66 Total COmmlUed Non- Residential 66 27 40 RS 9) 3) Do.ble Count Reduction 13 Double COUnt Red.r - 13 5 8 17 9 7 Total Oecoumed Committed Developments 193 Total Discounted Committed Developments 193 77 119 331 184 147 HNtoskal Gmwth -51 Histodral Growth -51 -21 -24 -67 -31 -36 Comm Dev +1 %Growth 220 Comm O- 1 %Gmvrth 220 91 132 367 201 167 Gmwtlt Volume Wed 220 Growth Volume USed 220 91 132 367 201 16] Toml VOlumo 891 Total Vnlutne 891 446 448 1254 614 649 ones [ones 2L LOS D Capacity 1480 810 810 1480 810 810 Unk Meets Test l? YES YES YES YES YES YES LOS E Upod" 1570 860 860 1570 860 860 Unk Meets Test 2? YES YES YES YES YES YES B3 Input Data ROAD NAME' Atlarnc Are STATION: 581] Report Created: 11 /1312013 CURRENTYEAR: 2013 FROM: N Swinton Ave ANALYSiSYEAR:.11 To: Midpoint GROWTH PATE: -1.94% COUNT DATE: PGF: 3/18 12033 1 Unk Analysis Time Ponoa AM PM Dl- 2_Y NB /Ell 50/WB 2-waV NB /EB 56/WB E ,Ung VOieme 6]i 355 316 S87 413 682 Peak Volume 671 355 316 687 413 482 DMrerslpnl %1 0 0 o D o 0 Volume 11— Diversion 671 355 316 887 413 482 Committe6 Deveopments Type %Complete Adandc High School 0 0 0 0 0 0 NR 100% Ughthoe. COmplea 16 5 31 17 12 5 NR 0% Ctysepe 3 1 2 12 6 6 NR 50% V4lages as $winton Square 0 0 0 0 0 0 Res 0% Villas In Me Grove 16 7 9 29 16 13 NR ON Cungess Park Apanment4 33 14 19 3" 21 15 Res 46% New Century Courtyards 1 -5 7 28 19 9 Res 0% Trinity Chumh a nd School-Day Care 8 4 4 3 1 3 NR 76% AtlandCPlan ]5 39 37 145 74 71 Res 58% SaimNd Inn 23 10 34 24 32 12 NR 2% Uptown Delray 31 7 24 54 32 22 Res 0% Total Committed Developments 206 82 127 346 1.93 154 TomlWmmitWReddomf.I 140 55 87 263 146 117 Tot I rmnitted Non- Residenial 66 27 40 85 47 37 Do.ble Count Reduction 13 5 8 17 9 7 Total Oecoumed Committed Developments 193 ]7 119 331 189 147 HNtoskal Gmwth -51 -17 -24 67 -31 -36 Comm Dev +1 %Growth 220 91 131 367 201 167 Gmwtlt Volume Wed 220 91 132 367 2111 167 Toml VOlumo 891 446 446 1254 614 649 ones 2L LOS D Capacity 1480 810 Into 1480 810 810 Link Meets Tnt l? YES YES YES YES- YES YES LOSE CaPadty 1570 860 860 1570 860 860 Link Meets Test 27 YE5 YE5 YES YES YE5 YES B3 B4 input Data ROADNAME: Adanuc Are STATION: 5805 Report Created: 11/01 /2033 CURRENT YEAR: 2013 FROM: Mldpolnt ANALYSIS YEAR: 2017 TO: NOcean Or GROWTH PATE:- 2.32% COUNT DATE: 3 /1812013 PSF; L Link Analysis Time Period AM PM Direction 2 -way NB /EB 58/WS 2 -way NB /EB SB/WB Existing Volume 713 384 343 1128 521 601 Peak Volume 713 " - 380. 343 1126 521 607 Diversion(K) 0 1 0 0 0 0 0 Volume after Diversion 713 3&I 343 1128 521 607 Committed Developments Type %Complete Lighthouse Complex 3 1 2 3 2 1 NR 0% Cityscape 3 2 1 14 7 7 NR 50% VRagvs at Swinton Square 0 0 0 0 0 0 Res ON Villa a in the Grove 2 1 1 3 2 1 NR 0% Atlantic Piau 8 4 4 14 7 7 Res 58% Uptown Delray 4 3 1 7 3 4 Ra 0% Total Committed Developments 20 11 9 41 21 20 Total Committed Residential 12 7 5 21 10 11 Total Committed N— Residential 8 4 4 20 11 9 Double COUn[Reduttion 2 1 1 4 2 2 Total Discounted Gpmmiited Developments 38 10 8 37 19 18 Nistorical Growth 64 -34 31 •101 -47 54 Comm 0-12% Growth 47 26 22 93 40 43 Growth Volume Used 47 26 22 83 40 43 Total Volume 760 410 365 1211 561 650 Lanes 41 LOS D Capaciry 3060 1680 1680 3060 1580 1680 Link Meets Test I? YES YES YES YES YES YES LASE Capacity 3230 1780 1780 3230 1780 1780 fink Meets Test 27 YES YES YES YES YES YES Input Data ROAD NAME: Atlantic Ave STATION: 5805 Report Created: 11 /0112013 CUR RENT YEAR: 2013 FROM NE 6th Ave ANALYSIS YEAR: 2017 TO: Midpoint GROWTH RATE: -2.32% COUNT DATE: 3 /19/2013 PSF: 1 fink Analysis Time Period AM PM Direction 2 -way NB /EB SB/WB 2 -way NB /EB SB/WB Existing Volume —713 1 384 1 Peak Volume 713 384 Diversion(%) 0 0 RM 6-T-0-1 Volume after Diversion 713 384 Committed Developments Type %Complete Lighthouse Complex 3 1 ? 3 2 1 NR 0% CtysWpe 3 2 1 14 7 7 NR 50% Vllages at Swinton Square 0 0 0 0 0 0 Res 0% Villas In the Grove 2 1 1 3 2 1 NR 0% Atlantic Plau a 4 4 14 7 7 Res 58% Uptown Delray 4 3 1 7 3 4 Res 0% Total Cammhted Developments 20 11 9 41 21 20 Tout Committed Residential 12 7 5 21 10 11 Total Committed Non- Residential 8 4 4 20 11 9 Double Count Reduction 2 1 1 4 2 2 Total Discounted Committed Developments 18 10 8 37 19 18 Hktoriwl Growth -64 -34 -31 -101 -47 -S4 Comm De I %Growth 47 -26 22 83 40 43 Growth Volume Used 47 26 22 83 40 43 Total Volume 760 410 365 1211 551 650 Wes 41 LOS D Capacity 3060 1680 1680 3060 1680 1680 Link Meets Te tl? YES YES YES YES YES YES. LOS E Capacity 3230 1780 1780 3230 1780 1780 Link Meets Test 27 YES - YES YES YES YES YES B4 Input Data ROAD NAME: NE Sth Ave STATION: 5810 Report Created: 11101/2013 CUARPwT MEAN: 2012 FROM: Midpoint ANALYSIS YEAR: 2017 TO: HE 1st St GROWTH RATE: 196% COUNT DATE: 2 /112012 PSF: 1 Unk Analysis Time Period AM PM Oirectian 2 -way NO/E8 SB/W6 2-way NIIAB SO/W9 F'sting Volume 1082 10$2 10$2 959 959 95q peak Volume 1082 1082 1082 959 959 959 Diversion( %) 0 0 0 0 0 0 Volume after Diversion 31182 1082 1082 959 959 959 Committed Developments Type %Complete Lighthouse Complea 3 1 2 3 2 1 NR 0% Cityscape 10 3 7 41 21 20 Nit SON Villages at Swinton $gnare 0 0 0 0 0 0 Res 0% Parc91— 10 7 3 16 6 10 NR 0% AtLenti. 2 1 1 2 1 1 Res 0% Po Ka Al Mare 0 0 0 0 0 0 NR 100% P—dise Bank/Oelray0each 8 4 5 17 9 8 NR 0% New Century Commons 0 0 0 0 0 0 NR 100% Trinity Church and School -Day Cate SO 5 4 3 2 2 NR 76% Total Committed Developments 43 21 22 82 41 42 Total Committed Residential 2 1 1 2 1 1 Total Committed Nom- Residential 41 20 21 80 40 41 Double Count Reduction 1 0 0 1 0 0 Total Discounted Committed Developments 42 21 22 81 41 42 Historical Growth 110 110 110 98 98 98 Comm Oeval %Gmwth 97 76 77 130 90 91 Growth Volume Used 110 110 110 130 98 98 Total Volume 1192 1792 1192 1089 1057 1057 Lanes ZLO LOS D Capacity 2350 2120 2120 2350 2120 27.20 Link Meets Test 17 YES YES YES YES YES YES LOS E Capacity 2350 2240 2240 2350 2240 2240 Unk Meets Test 2? YES YES YES YES YES YES Input Data ROAD NAME: NE 5th Ave STATION: 5810 Report Created: 11/03/2013 CURRENTXR: 2012 FROM: EAtlantic Ave ANALYSIS YEAR: 2017 TO: Midpoint GROWTH RATE: 1.96% COUNTDATE: 21312012 ?SF: 1 unk A.l,,is Time Period AM PM Dire.l 2:way Ne /EB SB/W8 2 --way N8/E$ SB/W0 Existing Volume 1082 1082 1081 959 959 959 Peak VOlome 1082 1082 1082 959 959 959 Diversion( %� D 0 0 0 0 0 Volume after Oiverston 1082 1082 1082 959 959 959 Committed Developmens Type %Complete Ughthouse Complex 3 1 2 3 2 1 NR 43% Cityscape 10 3 7 41 21 20 NR 50% Y Rages at Swinton Square 0 0 0 0 0 0 Res 0% Parc Place 10 7 3 16 6 10 NR 0% Atlantica 2 1 1 2 1 1 Res 0% ports Al Mare 0 0 0 0 0 0 NR 100% Paradise eank/PRlydy Beach $ 4 5 17 q $ NR 0% New Oentury [ammorrs 0 0 0 0 0 0 NR 100% TNRI1y ChVrchand S1h.I -Day Care 10 5 4 3 2 2 NR 76% To W3 Committed Developments 43 21 22 82 41 42 Toa1 Committed Residential 2 1 1 2 1 1 Total Committed Non- Residential 41 20 21 80 40 41 Double Count Reduction 1 0 0 1 0 0 Total Discounted Committed Oevelopments 42 21 22 81 41 42 Historiq l Growth 110 110 110 98 98 98 Comm Dev.l %Growth 91 76 77 130 90 M Growth Volume Used 110 110 110 130 98 98 Total Volume 1192 1192 1192 1089 1057 1057 lanes 2L0 LOS Upacity 2350 2120 2120 2350 2120 2120 Unk Meets Testl? YES YES YES YES YES YES LOS ECapacity 23W 2240 2240 2350 2240 2240 Link Meets Test 2? YES YES YES YES YES YES B5 OURRE R NTYEA 2012 1— SE-1, 51 ANALYSISYEAR: 2017 TO: Midpoint GROWTH RATE: 1.64% COUNT —F 3 /52012 PSF: 1 Link Analysis Time Peaod AM PM Direction 2 -way NB /EB SB/WS 2-way NB(EB SBIWB FxU13ngVplume 1074 ]074 1074 957 957 957 ­ ;U-_ eak VObme 2074 1074 1074 957 957 957 DMersi0n� %) 0 0 0 0 0 0 VolumeaHer Diversion 7074 1074 7074 957 957 957 Committed Developments Type %Complete 4.8 A— IM Street Site 0 0 0 0 D 0 Res 100% olghpuse Complex 0 0 0 0 0 0 NR 036 Cityscape 5 1 3 20 11 30 NR 50% Villages at Swinton Square 0 a 0 0 0 0 Rcs 0% North Boca Village 13 7 6 30 36 14 NR D% ona McDld'' Del— Beach 22 10 I3 9 6 3 NR 0% The Village at Oeltay 0 0 0 0 D 0 Res 100% New Century Commons I I 0 0 0 0 NR 100% Mlh, Square 1 1 0 3 0 3 . 0% Ma—Alpha D&,v 7 2 5 8 5 3 NR 30.70% New Century WU«yards 1 7 -5 28 9 39 Res 0% 'I Committed Developments 49 28 20 96 47 50 Te., Cnmm en ittgd RoMdWI 2 8 -5 29 9 20 Tptel Committed Non - Residential 47 20 25 67 38 30 Double COUnt Reduction 1 2 -1 7 2 5 Toml Discounted Committed Developments 48 26 21 89 45 45 HKtodcsl Growth 91 91 91 81 BS B1 Comm Devil %Growth 103 BS 16 138 94 94 G— hVolume Used 103 91 91 138 94 94 Total Volume 1177 1165 1165 1095 1051 1051 Lanes 2LO LOSDCapaciry 2360 2120 2120 2350 2120 2120 Unk WIT— YES YES YES YES YES YES LOS ECapadty 2360 2240- 2240 '2350 2240 2240 link M.TST.1127 YES YES YES YES YES YES B6 Input Data ROAD NAME: S SE 5th Aw S STATION: 5844 R Report Created: 11/13 /2013 CURRENTYEAR 2 2012 T TROY: Midp0rM ANALYSIS YEAR: 2 2017 T TD: Sk w St GROWTH RATE: 1 1 -E4% C COUNT DATE: 3 15/2012 PSN 1 Nnk Analys' Time Period A AM P PM Direction 2 2 -way WEN S SB/WB 2-way NB /EB 52/WB E%Imblg Volume 1 1074 1 1074 1 1074 9 957 9 957 9 957 Peak Volume 1 1074 3 3074 1 1074 9 957 9 957 9 957 Diversion( % ) 0 0 0 0 0 0 0 0 0 0 0 0 Volume after OiwWon 3 3074 1 1074 1074 9 95] 9 957 9 957 Commdted Developments T Type % %Complete 4.8ACrc]OIh Street Slte 0 0 0 0 0 0 a 0 0 R Res 1 10D36 Ughlhause Complex 0 0 0 0 0 0 0 a a N NR 0 0% Cityscape 5 5 1 3 3 20 Al 3 30 N NR 5 50% Villagesat SY intoo5quare 0 0 0 0 0 0 0 0 0 R Res 0 0% North 80 td WRage 1 13 1 6 6 30 36 1 14 N NR 0 0% McDonald', Delray Beach 2 22 SO 1 11 9 6 3 3 N NR 0 0% The Yllagea[Delray 0 0 a O O 0 0 0 0 R Ras 1 1017% New Century Commons 0 0 0 0 0 0 0 0 0 N NR 1 100% Mllage Square 1 1 1 0 0 1 0 3 3 R Res 0 096 Maroone Alpha 0elray 7 7 2 5 5 8 5 3 3 N NR 3 30.70% New Cenmry caumyards 1 1 7 - -5 28 9 1 19 R Res 0 0% Total[ommined Dm bp,,,- ts 4 49 28 2 20 96 47 5 50 Total COmm0ted Residendal 2 2 8 - -5 29 9 2 20 Total CommiDed Non- Re'klentlal 4 47 20 2 25 67 38 3 30 Double Co— Reduction 1 1 2 - -1 7 2 5 5 Total 01srurntedC —hied Developments 4 48 26 2 21 89 45 4 45 Hlsl ri IG,—th 9 91 91 9 91 81 81 8 81 Comm Dews %G ew 1 103 81 7 76 138 94 9 94 Growth Volume Used ] ]03 91 9 91 338 94 9 94 Total VObme 1 1177 1165 1 1165 1095 1051 1 1651 lanes 2 2L0 LOS DCapadry 2 23W 2120 2 2120 2350 2120 2 2120 Unk Mee[, Teal? Y YES YES Y YES YES YES Y YES LOS ECapa'ty 2 2350 2240 2 2240 2350 2240 2 2240 Un k Meets Test 27 Y YES YES Y YES YES YES Y YES Input Data ROAD NAME: S SE Sth Ave S STATION: 5844 R Repart0coled: 11/1312013 B6 Committed Developments In"t Data ROAD NAME: NE 6th AVe STATION: 5812 0 0 0 CURRENTYEAR: 2012 QOQQQQ FROM: Midpoint 3 7 ANALYSIS YEAR: 2017 20 TO: NE 1st St 0 0 GROWTH RATE: 0.29% 0 0 COUNTOATE: 2 1112012 Pars Place 10 7 3 PSF: 1 10 Adam' 2 1 link Ana;0o 2 1 Time Period Potts Al Mare AM PM 0 Direction 2 -way NR /EB SR/W8 2.way NB /EB SB/WB Existing V410me 4 17 8 9 New Ceroury Gammons Peak Volume 0 0 0 0 0 Diversion( %) 10 5 4 3 2 Volume after 6wersion Total Committed Developments 40 22 19 Committed Developments lighthouse Complex 0 0 0 0 0 0 QOQQQQ 10 3 7 41 21 20 Committed Developments lighthouse Complex 0 0 0 0 0 0 Orys.Pe 10 3 7 41 21 20 Villages at Sunman Square 0 0 0 0 0 0 Pars Place 10 7 3 16 6 10 Adam' 2 1 1 2 1 1 Potts Al Mare 0 0 0 0 0 0 P..dise8ank/D6my Beach 8 5 4 17 8 9 New Ceroury Gammons 0 0 0 0 0 0 Trinity Church and School -Day Care 10 5 4 3 2 2 Total Committed Developments 40 22 19 79 38 42 Total Committed Residential 2 1 1 2 1 1 Total Committed Non- Residential 38 20 18 77 37 41 Doable Count Reduedon 1 D o 1 0 0 Total Discounted Committed Developments 39 21 19 78 38 42 Fltstorial Growth 10 10 t0 18 18 18 Carom Devi %Growth 72 54 52 139 99 103 Gmvrth Volume Used 72 54 52 139 99 103 Total Volume 718 700 698 1331 1291 1295 tares 2LO 1 LOS D Capacity 2350 2120 2120 2350 2120 2120 link Meets Testl7 YES YES YES YES YES YES LOS E Capacity 2350 2240 2240 2350 2240 2240 Unk Meets Test27 YES YES V {S YES YES YES Comm D-1 % Growth Input Data 54 ROAONAME: NE 6th AV. STATION: 5812 CURRENTYEAR: 2012 72 54 FROM EAtlantic AVe ANALYSIS YEAR: 2017 103 TO: Midpoint Total Volume GROWTH RATE: 0.29% 698 COUNT DATE: 2/1 /2012 1291 1295 lanes PSF: 1 2LO Link Analysis LOS DCapacity Tme Period 2120 AM 2350 PM 2120 Direction 2 -way NR /EB SR/WB 2 -way NB /EB S8jW8 Existing Volume YES YES YES LOS E Ca pa city Peak Volume 2240 224D 2350 2240 2240 Diversion { %) Unk Meets Test 27 YES YES YES YES YES Volume after Diversion Report Created: 11/0112013 Type %Complete NR 0% NR 50% Res 096 NR 096 Res 0% NR Iw% NR 0% NR 100% NR 76% Report Created: 11 10112013 Committed Developments Type %Complete Lighthouse Complex 0 0 QQQOQQ 0 0 0 NR 0% Report Created: 11/0112013 Type %Complete NR 0% NR 50% Res 096 NR 096 Res 0% NR Iw% NR 0% NR 100% NR 76% Report Created: 11 10112013 Committed Developments Type %Complete Lighthouse Complex 0 0 0 0 0 0 NR 0% Citysepe 10 3 7 41 21 20 NR 50% Villages at Swinton Square 0 0 0 0 0 0 Res 0% Par4Place 10 7 3 IG 6 10 NR 0% Adds -Vw 2 1 1 2 1 1 Res 0% Porta Al Mare 0 0 0 0 0 0 NR 100% Paradise ednk/Oelray Beach 8 5 4 17 8 9 NR 0% New Century Commons 0 0 0 0 0 0 NR -IDD% Trinity Church-,! School -Day Care 10 5 4 3 2 2 NR 76% Total Committed Developments 40 21 19 79 38 42 Total Committed Residential 2 1 1 2 1 1 Total Committed Nor-Residential 38 20 18 77 37 41 Double Count RpduCrlon 1 0 0 1 0 0 Total Discounted Committed] 0evelopmer" 39 21 19 78 38 42 Historical G-1, 10 10 10 18 Is 18 Comm D-1 % Growth 72 54 52 139 99 103 Growth Volume Used 72 54 52 139 99 103 Total Volume 718 700 698 1331 1291 1295 lanes 2LO LOS DCapacity 2350 2120 2120 2350 2120 2120 Unk Meets Test 17 IF$ ICS YES YES YES YES LOS E Ca pa city 2350 2240 224D 2350 2240 2240 Unk Meets Test 27 YES YES YES YES YES YES B7' B8 Input Data ROAD NAME: NE 1st St STATION:0 Report Created: 31/13 /2013 CURRENT YEAR: 2013 FROM: N Swinton Ave ANALYSIS YEAR: 2017 TO: Midpoint GROWTH RATE: 0% COUNT DATE: NA PSF: 0 Link Analysis Time Period AM PM Direction 2 -way NB /EB SB /W8 2 -way WES SB/WB Existing Volume 0 0 0 0 0 0 Peak Volume 0 0 0 0 0 0 Diversion( %) 0 0 0 0 0 0 Volume after Diversion 0 0 0 I 0 0 0 Committed Developments Type %Complete Villages at Swinton Square 0 0 0 D 0 0 Res 0% Ports At Mare 0 0 0 0 0 D NR 100% Atlantic Plaza 15 8 7 29 15 14 Res 58% Total Committed Developments 15 8 7 29 15 14 Total Committed Residential IS 8 7 29 15 14 Total Committed Non- Residential 0 0 0 0 0 0 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 15 8 7 29 15 14 Historical Growth 0 0 0 0 0 0 Comm Dev +1 %Growth is 8 7 29 15 14 Growth Volume Used i5 8 7 29 15 14 Total Volume i5 8 7 29 15 14 Lanes 2L LOS D Capacity 1480 810 810 1480 810 810 Link Meets Test 17 YES YES YES YES YES YES LOS E Capacity 1570 860 860 1570 860 860 Link Meets Test 27 YES YES YES YES YES YES Input Data ROAD NAME: NE 1st St STATION: 0 Report Created: 11113/2013 CURRENTYEAR: 2013 FROM: Midpoint ANALYSISYEAR: 2017 TO: NE 5th Ave GROWTH RATE: 0% COUNT DATE: NA PSF: 0 Link Analysis Time Period AM PM Direction 2 -way NB /E6 58/W8 2 -way NB /EB SB/WB Existing Volume 0 0 0 i D i 0 0 Peakvolume 0 0 0 1 9 1 0 0 Diversion( %) 0 0 0 D 0 0 Volume after Diversion 0 0 0 0 0 0 Committed Developments Type %Complete Villages at Swinton Square 0 0 0 0 0 0 Res 0% Porta Al Mare 0 0 0 0 0 0 NR 100% Atlantic Plaza 15 8 7 29 15 14 Res 58% Total Committed Developments 35 8 7 29 15 14 Total Committed Residential 15 8 7 29 15 14 Total Committed Non - Residential 0 0 0 0 0 0 Double Count Reduction 0 0 0 0 0 D Total Discounted Committed Developments 15 8 7 29 15 14 Historical Growth 0 0 0 0 0 0 Comm Dev +l %Growth 15 8 7 29 IS 14 Growth Volume Used Is 8 7 29 is 14 Total Volume 15 8 7 29 15 14 Lanes 2L 105 DCapacity 1480 810 810 1480 810. 810 Link Meets Test 17 YES YES YES YES YES YES 105 E Capacity 1570 860 860 1570 860 860 Link Meets Test 27 YES YES YES YES YES YES B8 Time Period Direction Existing Volume Peak Volume Diversion( %) Volume after Diversion Input Data ROAD NAME: Ocean Dr STATION: 5832 CURRENT YEAR: 2013 FROM: E Atlantic Ave ANALYSIS YEAR: 2017 TO: MIDPOINT GROWTH RATE: 2.60% COUNT DATE: 2/11/2013 PSF: 1 Link Analysis AM PM 2 -way NB /EB SB/WB 2 -way NB /EB SB /WB Committed Developments Gul #stream Gardens Cityscape Parc Place Total Committed Developments Total Committed Residential Total Committed Non - Residential Double Count Reduction Total Discounted Committed Developments 567 268 309 796 415 381 567 268 309 796 415 381 0 0 0 0 0 0 567 268 309 796 415 381 8 2 6 10 6 3 0 0 0 2 1 1 3 2 1 5 2 3 11 4 7 17 9 7 8 2 6 10 6 3 3 2 1 7 3 4 1 0 0 1 1 1 10 4 7 16 8 6 Historical Growth 61 29 33 86 45 41 Comm Dev+1% Growth 33 15 20 48 25 21 Growth Volume Used 61 29 33 86 45 41 Total Volume 628 297 342 882 460 422 Lanes 2L LOS D Capacity 1480 880 880 1480 880 880 Link Meets Test 1? YES YES YES YES YES YES LOS E Capacity 1570 880 880 1570 880 880 Link Meets Test 2? YES YES YES YES YES YES ROAD NAME: Ocean Dr CURRENT YEAR: 2013 ANALYSIS YEAR: 2017 GROWTH RATE: 1.26% B9 Type Res NR NR Input Data STATION: 5814 FROM: MIDPOINT TO: George Bush Blvd COUNT DATE: 2/11/2013 PSF: 1 Link Analysis Time Period AM PM Direction 2 -way NB /EB SB /WB 2 -way NB /EB SB /WB Existing Volume Peak Volume Diversion( %) Volume after Diversion 566 198 381 718 306 436 566 198 381 718 306 436 0 0 0 0 0 0 566 198 381 718 306 436 Committed Developments Type Gulfstream Gardens 8 2 6 10 6 3 Res Cityscape 0 0 0 2 1 1 NR Parc Place 3 2 1 5 2 3 NR Total Committed Developments 11 4 7 17 9 7 Total Committed Residential 8 2 6 10 6 3 Total Committed Non - Residential 3 2 1 7 3 4 Double Count Reduction 1 0 0 1 1 1 Total Discounted Committed Developments 10 4 7 16 8 6 Historical Growth 29 10 20 37 16 22 Comm Dev +1% Growth 33 12 22 45 20 24 Growth Volume Used 33 12 22 45 20 24 Total Volume 599 210 403 763 326 460 Lanes 2L LOS D Capacity 1480 880 880 1480 880 880 Link Meets Test 1? YES YES YES YES YES YES LOS E Capacity 1570 880 880 1570 880 880 Link Meets Test 2? YES YES YES YES YES YES B10 Time Period Direction Existing Volume Peak Volume Diversion( %) Volume after Diversion Input Data ROAD NAME: S Ocean Blvd STATION: 5834 CURRENT YEAR: 2013 FROM: Midpoint ANALYSIS YEAR: 2017 TO: E Atlantic Ave GROWTH RATE: 3.90% COUNT DATE: 2/11/2013 PSF: 1 Link Analysis AM PM 2 -way NB /EB SB/WB 2 -way NB /EB SB /WB 554 273 293 864 450 414 554 273 293 864 450 414 0 0 0 0 0 0 554 273 293 864 450 1 414 Committed Developments 50% NR 0% NR 100% NR Cityscape 0 0 0 2 1 1 North Boca Village 3 1 1 7 4 3 New Century Commons 0 0 0 0 0 0 Maroone Alpha Delray 1 0 1 2 1 1 Lintco Shopping Centre 1 0 0 5 2 2 Harbor Plaza 1 0 0 3 2 2 Total Committed Developments b 1 2 19 10 9 Total Committed Residential 0 0 0 0 0 0 Total Committed Non - Residential 6 1 2 19 10 9 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 6 1 2 19 10 9 Historical Growth 92 45 48 143 74 68 Comm Dev +1°/u Growth 28 12 14 54 28 26 Growth Volume Used 92 45 48 143 74 68 Total Volume 646 318 341 1007 524 482 Lanes 21. LOS D Capacity 1480 880 880 1480 880 880 Link Meets Test 1? YES YES YES YES YES YES LOS E Capacity 1570 880 880 1570 880 880 Link Meets Test 2? YES YES YES YES YES YES g11 Report Created: 11/13/2013 Type %Complete NR 50% NR 0% NR 100% NR 30.70% NR 0% NR 82% 612 Input Data �Q ROAD NAME: NE 6th AVe STATION: 5812 00000� Report Created: 11/01 /2013 CURRENTYEAR! 2012 FROM! Midpoint ANALYSISYEAR: 2017 10: NE 15t$t GROWTH RATE: 0.29% COUNTDATE: 2/1 /2012 PSF: 1 Link Analysis Th— Period AM PM Dioe6.o 2-waY NB /EH SB/WB 2 -way NB /ER 58/WB Existing Volume Peak Volume Diversion(%) Volume after ONersion Committed Developments Type %Complete lighthouse Complex 0 0 0 0 0 0 NR 0% C!"—pe 10 3 7 41 21 20 NR SO% Villages at5winton Square 0 0 0 0 0 0 Res 096 Pare Place 10 7 3 16 6 10 NR 0% AUant9ca 2 1 1 2 1 1 Res 0% Port. Al Mare 0 0 0 0 0 0 HR 100% Paradise BankJDYhay Beach 8 5 4 17 8 9 NR 0% New Century Commons 0 0 0 0 0 0 NR 100% Trinity Churchand School -Day Care 10 5 4 3 2 2 NR 76% Total Committed Developments 40 21 19 79 38 42 Total Committed Residential 2 1 1 2 1 1 Total Committed Non- Residential 38 20 18 77 37 41 Double Count Reduction 1 0 0 1 0 0 Total Discounted Committed Developments 39 21 19 78 38 42 Historical Growth 10 10 10 18 18 18 Co.. Devx1 %Growth 72 54 52 139 99 103 Growth Volume Used 72 54 52 139 99 103 Total Volume 718 700 698 1331 1291 1295 Lines 210 LOS Ca pa oty 2350 2120 2120 2350 2120 2120 Link Meets Test l7 YES YES YES YES YES YES LOSECapauty 2$50 2240 2200 2350 2240 2240 Unk Meets Tes[27 YES YES YES YES YES YES Input Data ROAD NAME: NE6th Ave STATION: 5812 Beport Created: 11/01 /2013 CURRENT YEAR: 2012 FROM: EAtlantic Ave ANALYSIS YEAR: 2017 TO: Midpoint GROWTH RATE: 0.29% COUNT DATE: 2/112012 PSF: 1 Link Analysis Time Period AM PM Oirettion 2 -way N9/E8 S8/WB 2 -way NBJ£B SB/W8 Existing Volume Peak Volume DiYersionl %1 Volume after Ulwerion — — Committed Developments Type %Complete lighthouse Complex 0 0 0 0 0 0 NR 096 Ctysoa a 10 3 7 41 21 20 NR SO% Villages at Swinton Square 0 0 0 0 0 0 Res 0% Pare Place 30 7 3 16 61 10 NR 0% Ationtica 2 1 1 2 1 1 Res 096 Pmts At More 0 0 0 0 e 0 NR 1009 Paradiseeank/Delray Beach 8 5 4 17 8 9 NR 0% New Century Commons 0 0 0 0 0 0 NR 100% Trinity Church and School -Oay Care 10 5 4 3 2 2 NR 76% Total Committed Developments 40 21 19 79 3R 42 Total Committed Residential 2 1 1 2 1 1 Total Committed NamResident9al 38 20 18 77 37 41 Double Count Reduction 1 0 0 1 0 0 Total Dismounted Committed Developments 39 21 19 78 38 42 Historical Growth 10 10 10 18 18 18 Comm D..1 %G—h 72 54 52 t39 99 103 Growth Volume Used 72 54 52 139 99 103 Total Volume 718 700 699 1331 1291 1295 tines 2LO LOS DCapacity 2350 2110 2120 2350 2120 2120 Link Meets Test l2 YES YES YES YES YES YES LOS E Capacity 2350 2240 2240 7350 2240 2240 Link Meets Test22 YES YES YES YES YES YES 612 �Q �fiailiiil� 00000� 612 �Q �fiailiiil� Q�QQ�Q 612 T � s e {I� m� n a n m IMI� O ? W O W ry e o 0 0 0 0 0 0 o ry n e o m C z G o v O N N ry N p m C w `> r 2 Z C o Lu o i F- B13 9 CO C C z Z o rJ N w � 3 a d a z a e a m a u o a a'o � z pa $ e F 3 m � a o w m a o m N m 11 2 m z m' z 0 C V ru C G w d 2 i V K 3 � O v F ry ry in n ry e o 0 0 0 0 0 0 o ry n e o m °m v N N ry N p m C w �7 2 i C o o i F- B13 a T y � d � a � T � q o V W z - G u° J 0 Z CW G v W 0 3 Z Z a � CC r c y u � 3 W � 3 s° 3 i c o p � d Q a G w O a u` o ¢ m IIN ■I tel�� 'III 2 E c o w � z c o E a o r 0 0 o e v v a m O o O O q q q .� ty 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c H c o A — a B14 ti G 0 a Traffic Survey Specialiets, Inc. NE 1ST STREET & NE 7TH AVENUE 624 Gardenia Terrace DELRAY BEACH, FLORIDA Delray Beach, Florida 33444 COUNTED BY: ROLANDO MARTINEZ Phone (561) 272 -3255 NOT SIGNALIZED ALL VEHICLES Site Cade : 00130201 Start Date: 11/13/13 File I.D. SSTR 7AV Page 1 NE 7TH AVENUE 0 1 INS 1ST STREET 2 I 0 INE 7TH AVENUE 3 1 0 INS 1ST STREET 13 I 0 Prom North 3 1 1 IFrom East 16:15 0 jFrm South 8 2 I 1F— West 0 I 1 1 0Turn Left Thru Right I I UTurn Left Thru Right I I UTurn Left Thru Right I I UT Thru I Right I Total Date11/13/13 2 ------------------------------..__-_______________________________________ 1 1 0 7 24 3 I 0 2 _- _____________________._______ 4 1 64 16!45 07:00 0 1 8 0 1 0 1 2 0 1 0 0 2 0 I 0 0 0 0 14 07:15 0 0 6 1 I 0 0 0 0 1 0 2 5 0 I 0 3 1 3 1 21 07:30 0 1 13 0 I 0 2 0 0 1 0 3 6 0 1 0 0 4 5 1 34 07:45 0 2 17 2 1 0 1 2 0 1 0 1 1 0 1 0 0 1 3 1 30 Hr Total 0 4 44 3 I 0 4 4 0 1 0 6 14 O I 0 3 6 11 1 99 08100 0 2 27 3 1 0 2 2 0 1 0 2 6 0 I 0 1 5 7 j 57 08:15 0 4 22 3 I 0 0 4 1 1 0 2 8 2 I 0 1 2 5 1 54 O9:30 0 4 17 6 I 0 1 0 2 1 0 2 5 1 I 0 3 6 1 1 48 08:45 0 6 22 2 0 1 2 0 0 1 9 0 0 0 6 4 53 Hr Total 0 16 88 14 1 0 4 8 3 0 7 28 3 I 0 5 19 17 1 212 __________ • BREAK - _________________________________________________________________________________ ________ _______________________ 16400 0 1 12 2 I 0 1 3 3 1 0 5 13 0 I 0 1 3 1 1 45 16:15 0 1 8 2 I 0 0 4 1 1 0 8 13 0 I 0 2 1 3 1 43 16:30 0 0 15 1 I 0 2 4 1 1 0 7 24 3 I 0 2 1 4 1 64 16!45 0 2 17 5 1 0 2 3 0 1 0 1 10 1 1 0 4 ,••-'•4 2 5 1 52 Hr Total 0 4 52 10 I 0 5 14 5 1 0 21 60 4 I 0 7 13 1 204 17:00 0 0 9 4 I 0 4 3 2 1 0 6 15 1 I 0 0 O 2 1 46 17:15 0 3 11 1 I 0 4 5 2 1 0 10 5 1 I 0 2 1 4 1 49 17:30 O 2 12 1 I 0 2 4 0 1 0 11 14 l i 0 1 1 4 1 53 17:45 0 0 9 3 1 0 0__ —_ _0_ _ 1 1 0 5 6 0 1 0 3 2 5 1 34 Hr Total 0 5 41 9 I 0 10 12 5 1 0 32 40 3 I 0 6 4 15 i 182 •TOTAL- 0 29 225 36 I 0 23 36 13 1 0 66 142 10 I - -------------------------------- 0 23 36 56 1 697 pm 'l 5 13 11 AM '\- 3 2k 3', B25 Traffic Survey Specialists, Inc. NE 1ST STREET & N FEDERAL HIGHWAY 624 Gardenia Terrace DELRAY BRACH, FLORIDA Delray Beach, Florida 33444 COUNTED BY: MAURICE GOMEZ Phone (561) 272 -3255 NOT SIGNALIZED PEDESTRIANS Site Code : 00130201 Start Date: 11/13/13 File I.D. 1STR US1 Page 1 N FEDERAL HIGHWAY 0 INS 1ST STREET 0 0 1 IN FEDERAL HIGHWAY 0 INS 18T STREET 3 ..__..___..- ____ -_ From North 0 1 0 IFroM East 0 0 3 lFrom South 0 ]From West 0 0 1 0 Left Thru Right Peds I I Left Thru 0 Right Peds I I Left Thru Right Peds I I Left Thru Right E Peds I Total Date 11/13/13 ___________________________________ 0 0 0 1 __ __ _________ __ __ ___ ____ ___ ____ 0 0 0 0 1 0 07:00 0 0 0 0 1 0 0 0 2 1 0 0 0 1 1 0 0 a 0 3 07:15 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 07:30 0 0 0 0 1 0 0 0 0 0 ❑ 0 0 1 0 0 0 1 1 07:45 0 0 0 1 1 0 0 0 1 1 0 0 0 0 1 0 0 0 0 1 2 Hr Total 0 0 - 0 2 1 0 0 0 3 0 0 0 1 1 0 0 0 1 7 08:00 0 0 a 2 1 0 0 0 1 0 0 0 0 1 0 0 0 0 3 68:15 0 0 0 1 1 0 0 0 1 0 0 0 1 1 0 0 0 1 4 08130 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 08:45 0 0 0 1 0 0 0 2 0 0 0 1 0 0 0 0 4 Hr Total 0 0 0 4 1 0 0 0 4 0 0 0 2 1 0 0 0 1 11 • BREAK _ ---------- _----------------------------------------------------------------------------------------------------- 16:00 0 0 0 0 1 0 0 0 3 0 0 0 0 1 0 0 0 0 3 16:15 0 0 0 0 1 0 0 0 1 0 0 0 1 1 0 0 0 1 3 16:30 0 0 0 0 1 0 0 0 2 0 0 0 0 1 0 0 0 2 4 16:45 0 0 0 1 1 0 0 0 ❑ I 0 0 0 0 i 0 0 _ 0 1 I 2 Hr Total 0 0 0 1 1 0 0 O 6 0 0 0 1 j 0 0 0 4 12 17:00 0 0 0 0 0 0 0 0 0 0 0 3 1 0 0 0 0 3 17:15 0 0 0 1 0 0 0 6 0 0 0 3 1 0 0 0 1 11 17 :30 0 0 0 3 0 0 0 1 0 0 0 2 1 0 0 0 1 7 17:45 0 0 0 0 1 0_ _- 0 0 2 0 0 0 1 I O 0 0 3 1 6 Hr Total 0 0 0 4 1 0 0 0 9 0 0 0 9 j 0 0 0 5 1 27 .TOTAL. 0 0 0 11 1 0 0 0 22 1 0 _.._.._______________________ 0 0 13 1 0 0 _______'__ 0 11 -_ -___ 57 6 - Z o S , i t s o 23 r 4s,f B16 Traffic Survey Specialists, Inc. NE 1ST STREET & N FEDERAL HIGHWAY 624 Gardenia Terrace Site Code : 00130201 DELRAY BEACH, FLORIDA Delray Beach, Florida 33444 Start Date: 11/13/13 COUNTED BY: MAURICE GOMEZ Phone (561) 272 -3255 File I.D. 1STR US1 NOT SIGNALIZED Page 2 ALL VEHICLES N FEDERAL HIGHWAY INE 1ST STREET IN FEDERAL HIGHWAY INE 1ST STREET From North jFrOm East From South jPro. West VTurn Left Thou Right I UTurn Left Thru Right I UTurn Left Thru Right I UTUrn Left Thru Right I Total Date11/13/13 ______________ ___ _________---_________--___-_-____-_____________ _________- _____________________ Peak Hour Analysis By Entire Intersection for the Period: 07:00 to 09:00 on 11/13/13 Peak start 08:00 1 08:00 I 08:00 - 08:00 Volume 0 0 0 0 0 0 18 9 0 58 588 14 0 22 42 0 Percent 04 04 08 0% 08 04 67$ 33% OS 94 894 24 i 08 344 661 04 Pk total 0 27 660 64 Highest 07:00 08:30 08:45 08:15 Volume 0 0 0 0 I 0 0 6 2 0 11 166 5 0 6 20 0 Hi total 0 8 182 26 PHF .0 f .84 .91 .62 N FEDERAL HIGHWAY 0 - 0 • 0 22 588 9 - --- - -- - - - - -- - - - - -- - - - ---- 0 0 0 0 619 0 ( 619 ( 9 NE 1ST STREET r 9 58 ALL VEHICLES !{ 18 76 18 0 27 18 22 22 0 140 83 0 42 42 64 Intersection Total 0 751 56 42 14 • a 0 NE 1ST STREET F ---- -- — 660 - -°-- -1 F-- 660 0 • 58 • 588 1 0 0 -- - - - - - - - - - - -- 0 58 588 N FEDERAL HIGHWAY B17 Traffic Survey Specialists, Inc- NE IST STREET s N FEDERAL HIGHWAY 624 Gardenia Terrace DELRAY BEACH, FLORIDA Delray Beach, Florida 33444 COUNTED BY-- MAURICE GOMEZ Phone (561) 272 -3255 NOT SIGNALIZED Site Code : 00130201 Start Date: 11/13/13 File I.D. 1S1•R US1 Page 3 — ALL VEHICLES N FEDERAL HIGHWAY ENE 1ST STREET 114 FEDERAL HIGHWAY INE 1ST STREET E From North jProm East jFrOM South From West UTUrn Left ThrU Right UTurn Left Thru Right UTurn Left Thru Right UTUrn Left Thr Right Total Date 11/13/13 _________ _____ __ __________ -_ ____________________________________________________ _______________________________ Peak Hour Analysis By Entire Intersection for the Period: 16:Oo to 18:00 on 11/13/13 Peak start 17:00 1 17:00 1 17:00 1 17:00 Volume 0 0 0 0 1 0 0 26 28 1 0 79 1162 16 1 0 63 21 0 E Percent 0% 0% 0% 0% 1 0% 0% 48t 52% 1 0% 64 92% it 1 0% 758 25% wk F Pk total 0 S4 1 1259 1 84 Highest 07:00 17:15 3.7:OO 17:00 E volume 0 0 0 0 1 0 0 5 lO 0 21 313 3 0 21 1 0 Hi total 0 15 337 I 22 PHF -0 .90 .93 .95 { N FEDERAL HIGHWAY 0 - 0 • 0 63 1,162 28 - - - - -- - - - - -- - -- - - -- - -- - -- 0 0 0 0 1,253 0 ( 1,253 ( 28 NE 1ST STREET 28 79 ALL VEHICLES 26 105 0 63 63 189 21 21 84 Intersection Total 1,397 0 0 26 54 26 0 93 0 0 39 21 18 NE 1ST STREET �- 1,259 -� r 1,259 0 • 79 • 1,162 0 0 0 79 1,162 - - -- N FEDERAL HIGHWAY B18 1sT 819 �� 6 0 B20 L L i ,., _.,._ � I_`l_ —_ O� N rtn1 M j W ll1 qO' M I O .- cs io TT 76 oq ri L' i T SF .2s CIR cq oE u �N3j3 lol � �� .i� M Id' lD i.— i ^ ]j ~I � Li B20 APPENDIX C NEIGHBORHOOD STREET DATA m Q .D C W U C c � fD U CO m c6 U U Q O U) 0 m `o � L � m U l0 � 0 W C W m C O U W S] O C 3 U O C C S i i S S i G i r c c i a i G i u G M TTtfl �G7rn0 C-4 Y> 10 r N N N N N N i L I C1 ti u I 1 1 I i 1 3 3 5 ' S � � 7 CD m 5 iU U3 m o1 L r Cn C r- d W C > C: !13 3 M 4S W > > W �QQQds GS Q O c G7 3 3 w mw � WQIJ.jW Wc0 q m c m m m m m '!n m m W m i= m Mmmmm 3 m IOD M m 7 O) 7 W W W W C S p3 m m f W 14 .Lw = i .L.., 0 n N M E i— wwwww Il m ci r-7 CO) co Cl) ca 0 m 0 0 0 0 0 O U W 0 U U J Q 1 1 3 J J J 0 M0s0W0M °0M n 0 J ?`300 OD m CDdONOn co GmD ©O .ro p MN CO M CfldNnnNn m CDN 01 -CDm[O [D OCO COmm Wmtn COQ m NCM LO McgS r mm� a3nd O O M LO N OCD W n r N O d =OmN� 0 m D M M M M N N M M m d M N NC:l CD [D CO r N to m O CD CO n CD n co =NNMrmm — O dr CO 00 CO mM LONn mOI CAn cDM MMMMNNM cm CM') MNN(V m V LO CD m # O d n n d >n m IT C0 r O � U z m.0 O cwl"D20;m O M oatimm m z O � O r m M O O w mmd to M U*) m047 n m m W M NmO O N C m r Y r r-r r-r rrrrx -r O v z O J — m rmncpd�m r r r r r mNONDM r Cl) r N r w m QMi00CDm CD 0> MLa NaOQNO Nr OCD NO3m CA mwnmCOmnaornm°aomn 0 0 ? t-- CM(n CD Mam to CO J W d-0 h v M d d LO �o 0 d d It n Q V dmmCO Nm Co Oi m C) v MM 'D m"MONO n CD U., to N m m'Ct n dtA 00 6' O o r- 'l)OD -� C07�mmm dMOO W � rIAmOOd � r ziD Q O N N OmmO U> OD n w CO w MW w O)O Oco N CO 0 CO C f/I O i6 U F- =it mV'NnNmW onstO OnaDP n CO m DdCD n m m dGOCO�848 n m m m cn n m z � C Z M to r N m H-cr CntpD m Nnd00 CD m O n co Iml- m 10 V m Cm O UO =PH CoNMNOtoGDr nmmLOmmmmr O dm LO mnOd -mm cD C O U W S] O C 3 U O C C S i i S S i G i r c c i a i G i u G M TTtfl �G7rn0 C-4 Y> 10 r N N N N N N i L I C1 ti u I 1 1 I i 1 3 3 5 ' S � � 7 CD m 5 iU U3 m o1 L r Cn C r- d W C > C: !13 3 M 4S W > > W �QQQds GS Q O c G7 3 3 w mw � WQIJ.jW Wc0 q m c m m m m m '!n m m W m i= m Mmmmm 3 m IOD M m 7 O) 7 W W W W C S p3 m m f W 14 .Lw = i .L.., 0 n N M E i— wwwww Il m ci r-7 CO) co Cl) ca 0 m 0 0 0 0 0 O U W 0 U U J Q 1 1 3 J J J Exhibit 4 - Local Residential Street Level of Service (LOS) Descriptions LOS A describes living conditions where a residential street only carries traffic from the adjacent residences. It is very easy to walk across the street, ride bicycles and enter or exit residential driveways. Typical motor vehicle speeds are 25 MPH or less. During the peak traffic hour, one car passes down the street every two minutes. The typical traffic volume is under 300 vehicles per day with only 30 vehicles during the peak travel hour. LOS B describes living conditions where a residential street carries traffic from two residential blocks. It is easy to walk across the street, ride bicycles and enter or exit residential driveways. Often residents are concerned about vehicle speeds that have increased to 25 -30 MPH. During the peak traffic hour, one car passes down the street every minute. The typical traffic volume is under 600 vehicles per day with 60 vehicles during the peak travel hour. LOS C describes living conditions where a residential street carries traffic from four residential blocks. It is relatively easy to walk across the street, ride bicycles and enter or exit residential driveways. Residents are concerned about vehicle speeds that have increased to over 30 MPH. Residents are also uncomfortable with vehicle volumes that have risen to 1,200 vehicles per day with 120 vehicles during the peak travel hour. During the peak traffic hour, one car passes down the street every 30 seconds. LOS D describes living conditions where a residential street carries traffic from six residential blocks. Increased caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Residents are very concerned about vehicle speeds that have increased to up to 35 MPH. Residents perceive that commuters are shortcutting on their street due to vehicle volumes up to 1,800 vehicles per day with 180 vehicles during the peak travel hour. During the peak traffic hour, one car passes down the street every 20 seconds. LOS E describes living conditions where a residential street carries traffic from eight residential blocks. Due to elevated vehicle speeds and volumes, a high level of caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Vehicle speeds have increased to 35 MPH or more. There is significant commuter shortcutting with up to 2,400 vehicles per day and 240 vehicles during the peak travel hour. It is increasingly difficult to exit driveways during the peak traffic hour with one car passing down the street every 15 seconds. LOS F describes living conditions where a residential street carries traffic from significantly more than eight residential blocks. Due to elevated vehicle speeds and volumes, a high level of caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Vehicle speeds have increased to 35 MPH or more. There is significant commuter shortcutting with over 2,400 vehicles per day and 240 vehicles during the peak travel hour. Exiting and entering driveways is difficult and requires approaching vehicles to stop for driveway traffic. 2063 Rnsetine Tngffir. Rennrt C2 APPENDIX D INTESECTION DATA INPUT TO SYNCHRO Di T y � Np Q C n a m 0 U o W a g m e 3 � o o E t� W n m $ z - ` V J O cz C O 3 V a Z X Za LL V $ W W � a a V y aQa N O G W a 6 2 a 'o o m X 2 2 2 D Q � . z Z n V S 2 12 12 O O O 6 e ? K ay H H M N ry w n n n O N n ry ti 0 0 0 o m m m w r r fJ1 C o O q O O O o O C d o ° n r- D2 a N O Q a Q m M T n q CLe � N � C O Y 5 � O � CA N � O A ✓ - w {` o y LU rv� „ry s w - oo�oao 1 =„ „ o o b o 0 0 0 b C ry ry N a z 0 0 3 m 0 0 0 0 0 3 0 0 C7 a' a z - m 0 0 0 0 0 0 0 z F F J � V M m m pp o0 a m ry „ ~ z; 3 `” ro 2 s N O O b O b o O v E 0 C G F F v u _ � D3 a Q m M a e T y e �a 1 o y U LU Nn o - W F J C i o Q .l cW G LL 'o m O 3 2 .v (G V Q r W � W N N m .•.� ° re 9 o • ? K o � of of W O yaj N � o N z z a y m � z ti E 0 .. •• o Da a a a m m T y r N a -i A v - T o W En m o m µ c G � O F - o 12 ry J i N m O d o m m o w W N b O O N O n Z m icy C 3 0 0 o n n �• r a � C0 4 r W 2� C a 9 d � z 4 � m z S o 0 o a o 0 0 U` C Z 2 E � a 0 z v - 'F^ �p O D5 a a m Q w N m T W N ° m Q N 4 .4 e 0 n m Ln N M M ig o y � LU M m S � os� h c z c LLci C 3 n n m ry ., .• m 3 m 0 0 0 0 0 0 0 3 Y Z a o w w ry ry ry � m T a m 0 0 0 0 0 0 0 o a 3 m o a o 0 0 0 0 i c 2 Er 2 Q 2 v a v M O a e P u` R z E O � a � S U F C y 3 C N C 2 a V C Z a 6 0 a D6 Q w N D7 Input Data E -W Street: Atlantic Ave COUNT DATE: 12/6/2011 Report Created: 11 /13/2013 E -W Street: No Record Found COUNT DATE: NA Report Created: 11113/2013 TIME PERIOD: AM ANALYSIS YEAR: 2017 GROWTH RATE: - 3.52% PSF; 1 -14 SIGNAL ID: 53290 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 68 0 92 0 0 D 85 178 0 0 230 76 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 78 0 105 0 0 0 97 203 0 0 262 87 Committed Developments Type %Complete Cityscape 1 0 1 0 0 0 0 0 0 0 0 0 NR 50% Total Committed Developments 1 0 1 0 0 0 0 0 0 0 0 0 Total Committed Residential 0 0 0 0 0 D 0 0 0 0 0 0 Total Committed Non - Residential 1 0 1 0 0 0 0 0 0 0 0 0 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 1 0 1 0 0 0 0 D 0 0 0 0 Historical Growth -13 0 -17 0 0 0 -16 33 0 0 -43 -14 Comm Dev +1 %Growth 5 0 6 0 0 0 5 10 0 0 13 4 Growth Volume Used 5 0 6 0 0 0 5 10 0 0 13 4 Total Volume 83 0 111 0 0 0 102 213 0 0 275 91 Input Data E -W Street: Atlantic Ave COUNT DATE: 12/6/2011 Report Created: 11/13/2013 E -W Street: No Record Found COUNT DATE: NA Report Created: 11/13/2013 TIME PERIOD: PM ANALYSIS YEAR: 2017 GROWTH RATE: -3.52% PSF: 1.14 SIGNAL ID: 53290 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 87 0 165 0 0 0 139 199 0 0 176 76 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 99 0 188 0 0 0 158 227 0 0 201 87 Committed Developments Type %Complete Cityscape 1 0 1 0 0 0 1 0 0 0 0 1 NR 50% Total Committed Developments 1 0 1 0 0 0 1 0 0 0 0 1 Total Committed Residential 0 0 0 0 0 0 0 0 0 0 0 0 Total Committed Non - Residential 1 0 1 0 0 0 1 0 0 0 0 1 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 1 0 1 D 0 0 1 0 0 0 0 1 Historical Growth -16 0 -31 0 0 0 -26 -37 0 0 -33 -14 Comm Dev +1 %Growth 6 0 11 0 0 0 9 12 0 0 10 5 Growth Volume Used 6 0 it 0 0 0 9 12 0 0 10 5 Total Volume 105 0 199 0 0 0 167 239 0 0 211 92 D7 D8 Input Data E -W Street: Atlantic Ave COUNT DATE: 3 /2112013 Report Created: 11 12312013 N -S STREET: SE 6th Ave CURRENTYEAR: 2013 TIME PERIOD: AM ANALYSIS YEAR: 2017 GROWTH RATE: -2.32% PSF: 1 SIGNAL ID: 53255 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thm Right Existing Volume 72 282 0 0 218 77 65 518 46 D 0 0 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 72 282 0 0 218 77 65 518 46 0 0 0 Committed Developments Type %Complete New Century Courtyards 0 0 7 0 0 0 -5 0 0 0 0 0 Res 0% Lighthouse Complex 0 1 0 0 2 0 0 0 0 0 0 0 NR 0% Cityscape 0 1 1 0 1 1 1 2 0 3 4 0 NR 50% Villas in the Grove 0 1 0 0 1 0 0 0 0 0 0 0 NR 0% Total Committed Developments 0 3 8 0 4 1 4 2 0 3 4 0 Total Committed Residential 0 0 7 0 0 0 -5 0 0 0 0 0 Total Committed Non- Residential 0 3 1 0 4 1 1 2 0 3 4 0 Double Count Reduction 0 0 0 0 0 0 -1 0 0 0 0 0 Total Discounted Committed 0 3 8 0 4 1 -3 2 0 3 4 0 Historical Growth -6 -25 0 0 -20 -7 •6 -46 -4 0 0 0 Comm Dev +1 %Growth 3 14 8 0 13 4 0 23 2 3 4 0 Growth Volume Used 3 14 8 0 13 4 0 23 2 3 4 0 Total Volume 75 296 8 0 231 81 65 541 48 3 4 0 Input Data E -W Street: Atlantic Ave COUNTDATE: 3 /21/2013 Report Created: 11/23/2013 N -S STREET: SE 6th Ave CURRENT YEAR: 2013 TIME PERIOD: PM ANALYSIS YEAR: 2017 GROWTH RATE: -2.32% PSF: 1 SIGNAL ID: 53255 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 89 322 0 0 315 150 157 936 118 0 0 0 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 89 322 0 0 315 150 157 936 118 0 0 0 Committed Developments Type %Complete New Century Courtyards 0 0 9 0 0 0 19 0 0 0 0 0 Res 0% Lighthouse Complex 0 2 0 0 1 0 0 0 0 0 0 0 NR 0% Cityscape 0 4 4 0 4 8 4 11 0 7 10 0 NR 50% Villas in the Grove 0 2 0 0 1 0 0 0 0 0 0 0 NR 0% Total Committed Developments 0 8 13 0 6 8 23 11 0 7 10 0 Total Committed Residential 0 0 9 0 0 0 19 0 0 0 0 0 Total Committed Non- Residential 0 8 4 0 6 8 4 11 0 7 10 0 Double Count Reduction 0 0 1 0 0 0 1 0 0 0 0 0 Total Discounted Committed 0 8 12 0 6 8 22 11 0 7 10 0 Historical Growth -8 -29 0 0 -28 -13 -14 -84 -11 0 0 0 Comm Dev +1 %Growth 4 21 12 0 19 14 28 49 5 7 10 0 Growth Volume Used 4 21 12 0 19 14 28 49 5 7 10 0 Total Volume 93 343 12 0 334 164 185 985 123 7 10 0 D8 D9 Input Data E -W Street: Atlantic Ave COUNT DATE: 3121/2013 Report Created: 11104/2013 N -S STREET: SE Sth Ave CURRENT YEAR: 2013 TIME PERIOD: AM ANALYSIS YEAR: 2017 GROWTH RATE: -1.94% PSF: 1 SIGNAL ID: 53250 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 0 275 56 67 227 0 0 0 0 109 995 57 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 0 275 56 67 227 0 0 0 0 109 995 57 Committed Developments Type %Complete New Century Courtyards 0 0 -5 -5 0 0 7 0 7 0 0 0 Res 0% Lighthouse Complex 1 3 0 2 6 0 0 1 1 0 2 2 NR 0% Cityscape 1 0 0 0 0 1 0 2 0 1 4 2 NR 50% Congress Park Apartments 0 14 0 0 18 0 0 0 0 0 0 0 Res 46% Villas in the Grove 0 7 0 0 8 0 0 0 0 0 0 0 NR 0% Total Committed Developments 2 24 -5 -3 32 1 7 3 8 1 6 4 Total Committed Residential 0 14 -5 -S 18 0 7 0 7 0 0 0 Total Committed Non - Residential 2 10 0 -2 14 1 0 3 1 1 6 4 Double Count Reduction 0 2 -1 -1 3 0 0 0 0 0 0 0 Total Discounted Committed 2 22 -4 -2 29 1 7 3 8 1 6 4 Historical Growth 0 -21 -4 -5 -17 0 0 0 0 -8 -75 -4 Comm Cev +1 %Growth 2 33 -2 1 38 1 7 3 8 5 46 6 Growth Volume Used 2 33 -2 1 38 1 7 3 8 5 46 6 Total Volume 2 308 54 68 265 1 7 3 8 114 1041 63 Input Data E -W Street: Atlantic Ave COUNT DATE: 3/21/2013 Report Created: 11/04/2013 N -S STREET: SE 5th Ave CURRENT YEAR: 2013 TIME PERIOD: PM ANALYSIS YEAR: 2017 GROWTH RATE: -1.94% PSF: 1 SIGNAL ID: 53250 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 0 306 75 115 359 0 0 0 0 116 779 89 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 0 306 75 115 359 0 0 0 0 116 779 89 Committed Developments Type %Complete New Century Courtyards 0 0 19 19 0 0 9 0 9 0 0 0 Res 0% Lighthouse Complex 2 7 0 1 3 0 0 2 2 D 1 1 NR 0% Cityscape 7 0 0 0 0 4 0 it 0 4 10 6 NR 50% Congress Park Apartments 0 21 0 0 15 0 0 0 0 0 0 0 Res 46% Villas in the Grove 0 SS 0 0 12 0 0 0 0 0 0 0 NR 0% Total Committed Developments 9 43 19 20 30 4 9 13 11 4 11 7 Total Committed Residential 0 21 19 19 15 0 9 0 9 0 0 0 Total Committed Non- Residential 9 22 0 1 15 4 0 13 2 4 11 7 Double Count Reduction 0 4 0 0 3 0 0 0 0 0 0 0 Total Discounted Committed 9 39 19 20 27 4 9 13 11 4, 11 7 Historical Growth 0 -23 -6 -9 -27 0 0 0 0 -9 -59 -7 Comm Dev +l% Growth 9 51 22 25 42 4 9 13 11 9 43 11 Growth Volume Used 9 51 22 25 42 4 9 13 11 9 43 11 Total Volume 9 357 97 140 401 4 9 13 11 125 822 100 Atlantic Crossing 176 72 97 17 29 83 Other Committed 75 75 Total Volume 1 91 6081 9712121 57.31 4L91 13 _111 142L_ 85i 183 D9 2012 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 9300 EAST- AlA TO US1 MOCF: 0.88 WEEK DATES SF PSCF 1 01/01/2012 - 01/07/2012 0.99 1.12 2 01/08/2012 - 01/14/2012 0.95 1.08 * 3 01/15/2012 - 01/21/2012 0.91 1.03 * 4 01/22/2012 - 01/28/2012 0.90 1.02 * 5 01/29/2012 - 02104/2012 0.89 1101 * 6 02/05/2012 - 02/11/2012 0.88 1.00 * 7 02/12/2012 - 02/18/2012 0.87 0.99 * 8 02/19/2012 - 02/25/2012 0.86 0.97 * 9 02/26/2012 - 03/03/2012 0.86 0.97 *10 03/04/2012 - 03/10/2012 0.86 0.97 *11 03/11/2012 - 03/17/2012 0.86 0.97 *12 03/18/2012 - 03/24/2012 0.87 0.99 *13 03/25/2012 - 03/31/2012 0.89 1.01 *14 04/01/2012 - 04/07/2012 0.90 1.02 *15 04/08/2012 - 04/14/2012 0.92 1.04 16 04115/2012 - 04/2112012 0.93 1.05 17 04/22/2012 - 04/28/2012 0.95 1.08 18 04/29/2012 - 05/05/2012 0.98 1.11 19 05/06/2012 - 05/12/2012 1.00 1.13 20 05/13/2012 - 05/19/2012 1.03 1.17 21 05/20/2012 - 05/26/2012 1.04 1.18 22 05/27/2012 - 06/02/2012 1.06 1.20 23 06/03/2012 - 06/09/2012 1.07 1.21 24 06/10/2012 - 06/16/2012 1.09 1.24 25 06/17/2012 - 06/23/2012 1.09 1.24 26 06/24/2012 - 06/30/2012 1.10 1.25 27 07/01/2012 - 07/07/2012 1.10 1.25 28 07/08/2012 - 07/14/2012 1.11 1.26 29 07/15/2012 - 07/21/2012 1.12 1.27 30 07/22/2012 - 07/28/2012 1.12 1.27 31 07/29/2012 - 08/04/2012 1.12 1.27 32 08/05/2012 - 08/11/2012 1.13 1.28 33 08/12/2012 - 08/18/2012 1.13 1.28 34 08/19/2012 - 08125/2012 1.13 1.28 35 08/26/2012 - 09/01/2012 1.13 1.28 36 09102/2012 - 09/08/2012 1.13 1.28 37 09/09/2012 - 09/15/2012 1.13 1.28 38 09/16/2012 - 09/22/2012 1.11 1.26 39 09/23/2012 - 09/29/2012 1.10 1.25 40 09/30/2012 - 10/06/2012 1.09 1.24 41 10/07/2012 - 10/13/2012 1.08 1.22 42 10/14/2012 - 10/20/2012 1.06 1.20 43 10/21/2012 - 10/27/2012 1.05 1.19 44 10/28/2012 - 11/03/2012 1.04 1.18 45 11/04/2012 - 11/10/2012 1.03 1.17 46 11/11/2012 - 11/17/2012 1.01 1.14 47 11/18/2012 - 11/24/2012 1.01 1.14 48 11/25/2012 - 12/01/2012 1.00 1.13 49 12/02/2012 - 12/08/2012 0.99 1.12 50 12/09/2012 - 12/15/2012 0.99 1.12 51 12/16/2012 - 12/22/2012 0.96 1.09 52 12/23/2012 - 12/29/2012 0.93 1.05 53 12/30/2012 - 12/31/2012 0.91 1.03 * PEAK SEASON 08 -FEB -2013 12:30:21 830UPD [1,0,0,11 4 9300 PKSEASON.TXT D10 APPENDIX E TCEA POLICIES E1 Objective D -3 A Transportation Concurrency Exception Area (TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policy D -3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 2010111. [Revised by Amendment 2010 -1] Policy D-3.2 An analysis shall be made by FY 09110, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Policy D -3.3 The City shall coordinate with Palm Tran and the MPO (through the Congestion Management System (CMS)] to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off -peak hours by 2015. Policy D-3.4 The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike lanes bike racks, bike lockers and other bicycle parking facilities. Policy D -3.5 The City and the CRA shall continue to monitor the feasibility of the existing in -town shuttle system providing service between Tri -Rail and the beach with headways of 20 -30 minutes_ In FY 2010111, the City shall determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station. [Revised by amendment 2010 -1] Policy D -3.6 Implementation of the in -town shuttle system described in Policy D -3.5 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. Policy D -3.7 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one - quarter mile of its boundaries by FY 09110. Policy D -3.8 Intermodal linkages shall be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. Policy D -3.9 The City and CRA shall implement a plan for enhancement of the US -1 corridor (NE /SE 5th Avenue and NE /SE 6th Avenue) between NE 81h Street and SE 10th Street through beautification and the provision of improved safety, parking, bike lanes TR - 44 E2 and pedestrian circulation_ Improvements supported by the traffic circulation test conducted in 2008 shall be constructed in phases between FY 2009110 and FY 2014/15. Adjacent new development and redevelopment shall be required to contribute toward the costs of these improvements. TR - 45 E3 400ON FOR PRESERVP�`o� December 30, 2013 Mr. Mark McDonnell Interim Planning & Zoning Director City of Delray Beach, Florida Dear Mark, Attached is a digital copy, with appendices, of a citizen - funded traffic study that was commissioned by a large number of Delray Beach residents who will be directly impacted by the Atlantic Crossing Project. The Florida Coalition facilitated this study on behalf of numerous HOA and civic associations, and several private citizens. A certified hard copy will be delivered to your office shortly for the City's permanent records, in anticipation of a Public Hearing to consider Appeals to the SPRAB recommendation to approve the latest Atlantic Crossing Site Plan. The Study confirms common sense logic that this massive mixed use project has the potential to create traffic problems of a magnitude that could jeopardize public safety and quality of life in the City's downtown, thereby diluting the very real benefits that Atlantic Crossing is expected to bring to the community. The fact that so many residents felt compelled to do their own traffic study speaks volumes about public participation in the process of growth management in Delray Beach. Quite frankly, our citizens feel that the City failed to do its duty when simply applying TCEA standards to a large and complex project located on a truly unique site. There is still time to consider improvement to the current Atlantic Crossing Site Plan, and as well to provide concrete assurances that traffic spillover to and from the project has only minimal impact on adjacent residential neighborhoods. Rest assured that the Appellants want to work with the City and with the developer to make Atlantic Crossing a model for a well - planned urban infill project. They believe they are offering substantial competent evidence that the current site plan has flaws that can be corrected or mitigated. We respectfully request that the City take into account new information provided by the traffic study and modify the staff analysis that was provided to the Site Plan Review & Appearance Board. For the Florida Coalition for Preservation Robert Ganger, Chairman Kristine de Haseth, Executive Director cc: Cary Glickstein, Mayor of Delray Beach 235 NE Sixth Avenue, Building F, Delray Beach, FL 33483 • 561- 274 -6491 • www.preservationfla.org Like us on Facebook! www.facebook.com/FLCoalition A COPY OF THE OFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL -FREE (1- 800 - 435 -7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE SATE. The Florida Coalition for Preservation, Inc. Registration # CH23311. 100% of the contributions go directly to the Coalition. 400ON FOR PRESERVP�`o� 235 NE Sixth Avenue, Building F, Delray Beach, FL 33483 • 561- 274 -6491 • www.preservationfla.org Like us on Facebook! www.facebook.com/FLCoalition A COPY OF THE OFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL -FREE (1- 800 - 435 -7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE SATE. The Florida Coalition for Preservation, Inc. Registration # CH23311. 100% of the contributions go directly to the Coalition. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: December 30, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 INTERNAL ADJUSTMENT AND WAIVER REQUESTS /ST. GEORGE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver and internal adjustment from the following Land Development Regulations (LDR) associated with the Class V site plan for the St. George project: 1. An internal adjustment to LDR Section 4.3.3(0)(3)(c), which requires that setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than 25 feet (15.5 feet proposed) for a two -story structure. 2. A waiver to LDR Section 4.4.9(F)(2)(a), which requires parcels that have frontage on North Federal Highway shall have a minimum front building setback of 5 feet measured from the ultimate right -of -way line. The maximum setback shall be 15 feet (37 feet proposed), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. BACKGROUND At its meeting of December 18, 2013, the SPRAB (Site Plan Review and Appearance Board) approved the Class V site plan, landscape plan, and architectural elevations for the construction of the multiple family residential project. The property is located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard (1023 North Federal Highway). The SPRAB considered the waiver and internal adjustment and recommended approval on a 4 to 1 vote for each request (Mr. Bregman dissenting). WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (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. Federal Highway Setback: Per LDR Section 4.4.9(F)(2)(a), parcels that have frontage on North Federal Highway shall have a minimum front building setback of five feet measured from the ultimate right -of -way line. The maximum setback shall be fifteen feet, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The proposed building setbacks range from 5 feet to 37 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...Currently we meet the intent of this code section. All of our buildings that are up along Federal Highway are between the minimum 5' setback and a maximum 15' setback. We feel the way that the buildings are designed gives more varietylinterest to the streetscape rather than pushing all the building up to the property line creating a staggered building facade... " Waiver Analysis: The purpose of the setback requirement is to introduce the neo- traditional design concept to the North Federal Highway Redevelopment Area, where the buildings are located up on the street with the parking to the rear of the building. This requirement applies to buildings 1, 2, and 6. Each of these buildings has a portion of the structure that is located between 5 feet and 15 feet. However, due to the configuration of the property (i.e. angle of Federal Highway) and the logical layout of the interior road system, compliance for the full length of the buildings is problematic. It is noted that the intent of the neo- traditional design has substantially been achieved since the parking is located to the interior of the project with the added benefit of more green space for landscaping. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. INTERNAL ADJUSTMENT: Per LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. Building Setbacks: Pursuant to LDR Section 4.3.3(0)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than 25 feet for a two -story structure. The proposed separation between the two story townhouses 2/4 and 3/5 is 15.5 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "... With the reduced internal building separation the project promotes a village concept. Buildings layout is [sic] are designed to bring down the scale and provide an intimate feeling. The entries for the end units are located on the side of the building with a paved walkway in- between feeding residents to their doorway... " The applicant indicates that this reduction is due to a desire to promote a village concept and provide an intimate feeling. However, it could be argued that the reduction allows two additional dwelling units and defies the intent of the code to provide adequate area for air and light circulation within a townhouse development. This building separation is required in -lieu of side and rear setbacks. Thus, the development takes advantage of not only the elimination of these setbacks but requests reduction of the replacement separation. It is also noted that the project is not located in the core downtown area, which encourages the more compact urban development. Rather, the property is essentially a vacant property outside of a dense urban core that does not warrant reduction to building separations. In granting the relief, a superior development product does not occur but simply more units are proposed. It is noted, however, that the site layout has remained unchanged throughout the process with regard to this building separation requirement. Further, the conditional use was recommended for approval by the Planning and Zoning Board, and the City Commission approved the conditional use with this current design. It is noted that the SPRAB supported the internal adjustment and recommended approval of the relief subject to the condition that the building separation be 20 feet or greater. However, a finding with respect to LDR Section 2.4.7(C)(5) remains problematic. RECOMMENDATION Building Separation Internal Adjustment: Approve the internal adjustment to LDR Section 4.3.3(0)(3)(c), which requires that setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than 25 feet for a two -story structure based on a positive finding with LDR Section 2.4.7(C)(5), subject to the condition that a 20 -foot or greater separation be provided between the walls of the units. Building Setback Waiver: Approve the waiver to LDR Section 4.4.9(F)(2)(a), which requires parcels that have frontage on North Federal Highway shall have a minimum front building setback of 5 feet measured from the ultimate right -of -way line and a maximum setback shall be 15 feet (37 feet proposed maximum) based on positive findings with LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA INTERNAL ADJUSTMENT AND WAIVER REQUESTS FOR THE ST. GEORGE PROJECT AT 1023 NORTH FEDERAL HIGHWAY 1. These requests came before the City Commission on January 7, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment and waiver requests for the St. George project at 1023 North Federal Highway. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. INTERNAL ADJUSTMENT: Pursuant to LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. A. Internal Adiustment to 4.3.3(0)(3)(c Pursuant to LDR Section 4.3.3(0)(3)(c) regarding townhouses and townhouse type developments, setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than 25 feet for a two -story structure. The applicant is proposing a fifteen -foot (15') separation between two - story Townhouse units #2/ #4 and two -story Townhouse units #3/ #5. Should the internal adjustment to Section 4.3.3(0)(3)(c) be granted? ► C7 1 II WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (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. A. Waiver to LDR Section 4.4.9(F)(2)(a) Pursuant to LDR Section 4.4.9(F)(2)(a), parcels that have frontage on North Federal Highway shall have a minimum front building setback of five feet (5') measured from the ultimate right -of -way line. The maximum setback shall be fifteen feet, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The applicant is asking for a waiver to allow setbacks that range from five feet (5') to thirty -seven feet (37') Should the waiver to Section 4.4.9(F)(2)(a) be granted? ► ITS 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies the interior adjustment and waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th of January 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Cary D. Glickstein, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: December 18, 2013 ITEM: St. George -- Class V Site Plan, Landscape Plan, Architectural Elevation Approvals, Waiver, and Internal Adjustment Associated with the Construction of a Multiple Family Project that Contains 38 Multiple Family Dwelling Units on the East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. GENERAL DATA: Applicant/Owner............ KH Sandcastles, LLC Agent ............................ Richard Jones Architecture, Inc. Location ........................ On the East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. Property Size ................ 3.198 acres Future Land Use Map... GC (General Commercial) & MD (Medium Density Residential) Current Zoning........... Adjacent Zoning..North: East: South: West: Existing Land Use........ Proposed Land Use.. GC & RM (Multiple Family Residential — Medium Density) GC & RM RM GC &RM GC Vacant Commercial Multiple Family Project Known as St. George. Water Service ............... Existing on site. Sewer Service ............... Existing on site. 14171 ST. o z' z x T'ElE� t. THE - The action before the Board is approval of a Class V site plan request for St. George pursuant to LDR Section 2.4.5(F). The request involves the following elements- 71 Site Plan; 0 Architectural Elevations; O Landscape Plan; and O Waiver and Internal Adjustment. The property is located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard (1023 North Federal Highway). w The property consists of Lots 8 and 9 (2.91 acres), Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9, Township 46 South, Range 43 East and Parcel "B" (0.288 acres) of the Court Yards at Martel Arms. The combined property consists of 3.198 acres. The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC and RM. The property contains an existing commercial structure that was constructed in 1959. At its meeting of March 22, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a site plan for six dwelling units on the Courtyard at Martel Arms parcel that will be incorporated into the St. George development. It is noted that these units were never constructed. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board reaffirmed the approval to construct six dwelling units on the subject property. These units have also not yet been constructed. At its meeting of June 6, 2006, the City Commission approved a conditional use to allow a free- standing multiple family development consisting of 33 townhouses on the balance of the property. The site plan was subsequently approved by the SPRAB at its meeting of July 12, 2006. This development was never constructed. At its meeting of August 20, 2013, the City Commission approved a conditional use to allow a free - standing multiple family development consisting of 38 townhouses, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" — Technical Items" attached in the staff report. 2. That an easement be provided and city- approved bus shelter installed onsite. 3. That the landscape plan be revised to indicate that 20 -foot high trees be planted along the north property line adjacent to the RL zoned property. 4. That the required 25 -foot front setback be provided for the RM zoned townhomes. 5. That the townhomes be revised to allow a minimum garage depth of 19 feet provided that storage areas are included within the garage. If the storage areas are not provided, the minimum depth shall be 20 feet. 6. That a CCTV camera be provided at the pool /clubhouse area and replace the chain link fence with a rod iron fence. 7. That the equipment for the play area be provided and that they be oriented toward toddlers. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 2 8. That an exit only access to N.E. 7th Avenue from the development be provided for vehicular traffic. An opening to accommodate pedestrians, bicycles and golf carts shall also be provided. The Home Owners Association documents need to include this as a maintenance /repair /replace responsibility of the Association in perpetuity. The documents will also need to identify that there will be no cost to those residences along NE 7th Avenue. 9. Provide landscaping (located on the west side), five foot wide sidewalks (located on both sides of the street provided there is enough right of way width as determined by the City Engineer), speed humps, enhanced street lighting, improved water service (replacing the 2" water main with an 8" water main), and street paving are provided as noted on the exhibit provided at the Planning and Zoning Board meeting for NE 7th Avenue (north of George Bush Boulevard) in accordance with the City's policies, guidelines and Land Development Regulations and as directed by and approved by the City Engineer. 10. The Developer shall sign the City's standard landscape maintenance agreement for the landscape improvement along NE 71h Avenue and the HOA documents for the development shall provide that the homeowners association of the St. George project will be responsible, in perpetuity, for the costs associated with this landscaping including maintenance, irrigation, and water meter as determined by the City in accordance with the Landscape Maintenance Agreement. 11, No Certificate of Occupancy shall be issued to the Developer for any part or portion . of the project until all work has been completed and approved by the City regarding N.E. 7th Avenue as it relates to conditions 8 -10. 12. No construction traffic shall be allowed to enter or exit onto N.E. 7th Avenue, unless such traffic is related to the improvements of N.E. 7'h Avenue. Developer shall take the appropriate steps to insure that this condition is followed. The action now before the Board is approval of the site plan, landscape plan, building elevations, and recommendation on an internal adjustment and waiver. The development proposal incorporates the following: ❑ Construction of a multiple family project that includes the demolition of the existing commercial building and construction of 38 townhomes (16 of these have a fourth bedroom option). The dwelling units contain two varieties of floor plans that consist of a 1,940 square foot model and a 1,948 square foot model. ❑ A driveway connection to NE 7th Avenue and improvements along this street that consist of speed hump, sidewalk, and landscaping. This connection is a one -way vehicular gated driveway to the south and an ingress golf cart driveway to the north. ❑ Extension of an 8 inch water main along NE 7th Avenue from George Bush Boulevard to the property. ❑ The amenities include a swimming pool, pool house, and play area. ❑ Installation of a decorative fence picket fence and pavilion along Federal Highway, the north side of the property, and a portion of the western property and southern property lines. ❑ Installation of sidewalks and associated landscaping. The development proposal include a waiver and internal adjustment to the following sections of the Land Development Regulations: SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for Ste George Page 3 1. An internal adjustment to LDR Section 4.3.3(0)(3)(c), which requires that setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than twenty -'five feet (26) for a two -story structure. 2. A waiver to LDR Section 4.4.9(F)(2)(a), which requires parcels that have frontage on North Federal Highway shall have a minimum front building setback of five feet (5) measured from the ultimate right -of -way line. The maximum setback shall be fifteen feet (15), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. ME COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationtrequest. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the GC (General Commercial) and the RM (Medium Density Residential) zone districts: Stag Proide� er Space .... 25% 29.7% Urllrriur�c�on>vcl North 10' (Side interior) 10' South 10' (Side interior) 10' m West 5-15' (Front) 37'* East 10' (Rear) 10' illnrurrx 5ecl�Morre`d North 15' (Side interior) 28' 1.5" paprty� _ South 15' (Side interior) 20' 10.5" East 25' (Rear) 28' 7" West 25' (Front) 25' L "fig K f 35' 26' 9„ �Maximumi L O�rerge. 40% 34.8 %** 1 he applicant has requested a waiver from the front setback requirement along Federal Highway and is discussed under the waiver section of this report. *The site plan indicates that a lot coverage of 34.8% is provided on the GC zoned property. However, this requirement applies to the RM zoned property. A condition of approval is attached that the lot coverage of the RM zoned property is noted on the plans and that it be no more than 40 %. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 4 Parking Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi - family residential development must be provided pursuant to the following: • One bedroom dwelling unit 1.5 spaces/unit • Two or more bedroom dwelling unit 2 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit The proposed development contains 38 (16 of which have a fourth bedroom option) dwelling units. Based on this dwelling unit mix, the required parking for the proposed development is 91 parking spaces. The development proposal complies with this requirement since a total of 156 parking spaces are proposed (76 two -car garages, 76 spaces in the driveways, and 4 perpendicular spaces on the north side of building 7). It is noted that each of the garages have been designed with storage areas beneath the stairwells. Thus, the City Commission condition of approval regarding the depth of the garages noted in the background section of this staff report has been addressed. Townhouses and Townhouse Type of Development: Design Standards: Per LDR Section 4.3.3(0)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than 4 feet offset front to rear. The proposed townhouses comply with this standard since an offset of 7 feet is provided between every two townhomes. Per LDR Section 4.3.3(0)(4)(b), no townhouse row shall consist of more than eight dwelling units or a length of 200 feet, whichever is less. The longest townhouse grouping consists of six dwelling units with a length of 150 feet. Thus, this requirement has been met. Minimum Residential Floor Area: Pursuant to LDR Section LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for a three- bedroom unit is 1,250 square feet and 1,500 square feet for a four bedroom unit. The 16 units that have a fourth bedroom option have 1,940 square feet of floor area. The remainder of the 3- bedroom units has 1,984 square feet of floor area. Based on the above, the proposed development meets the City's minimum residential floor area requirement. Photometric Plan: A photometric plan has been submitted that demonstrates compliance with the City's illumination standards except for the surface parking area near the recreational facilities. Per LDR Section 4.6.8(A)(3), the minimum illumination level is 1.0 foot candles and 0.2 foot candles SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 5 is proposed_ The photometric plan needs to be revised to correct this deficiency and is attached as a condition of approval. Dead -end Parking Bays: Per LDR Section 4.6.9(D)(4)(c), dead -end parking bays are discouraged, but when site conditions dictate that there be dead -end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. Since the width of the travel lanes has been reduced to 22 feet wide, the required maneuvering area is consequently reduced to 22 feet. However, the depths of the proposed maneuvering areas are 9'5", 5' 8.5 ", and 5'. The depths of the two substandard maneuvering areas need to be increase to 6 feet and this is attached as a condition of approval. Per LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. Building Setbacks; Pursuant to LDR Section 4.3.3(0)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than twenty -five (25) feet for a two -story structure. The proposed separation between the two story townhouses 214 and 315 is 15.5 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...With the reduced internal building separation the project promotes a village concept. Buildings layout is [sic] are designed to bring down the scale and provide an intimate feeling. The entries for the end units are located on the side of the building with a paved walkway in- between feeding residents to their doorway..." The applicant indicates that this reduction is due to a desire to promote a village concept and provide an intimate feeling. However, it could be argued that the reduction allows two additional dwelling units and defies the intent of the code to provide adequate area for air and light circulation within a townhouse development. This building separation is required in -lieu of side and rear setbacks. Thus, the development takes advantage of not only the elimination of these setbacks but requests reduction of the replacement separation. It is also noted that the project is not located in the core downtown area, which encourages the more compact urban development. Rather, the property is essentially a vacant property outside of a dense urban core that does not warrant reduction to building separations. In granting the relief, a superior development product does not occur but simply more units are proposed. It is noted, however, that the site layout has remained unchanged throughout the process with regard to this building separation requirement. Further, the conditional use was recommended for approval by the Planning and Zoning Board, and the City Commission approved the conditional use with this current design. However, a finding with respect to LDR Section 2.4.7(C)(5) remains problematic. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 6 S Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (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. Federal Highway Setback: Per LDR Section 4.4.9(F)(2)(a), parcels that have frontage on North Federal Highway shall have a minimum front building setback of five feet measured from the ultimate right -of -way line. The maximum setback shall be fifteen feet, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The proposed building setbacks range from 5 feet to 37 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...Currently we meet the intent of this code section. All of our buildings that are up along Federal Highway are between the minimum 5' setback and a maximum 15' setback. We feel the way that the buildings are designed gives more variety /interest to the streetscape rather than pushing all the building up to the property line creating a staggered building facade..." Waiver Anal The purpose of the setback requirement is to introduce the neo- traditional design concept to the North Federal Highway Redevelopment Area, where the buildings are located up on the street with the parking to the rear of the building. This requirement applies to buildings 1, 2, and 6. Each of these buildings has a portion of the structure that is located between 5 feet and 15 feet. However, due to the configuration of the property (i.e. angle of Federal Highway) and the logical layout of the interior road system, compliance for the full length of the buildings is problematic. It is noted that intent of the neo - traditional design has substantially been achieved since the parking is located to the interior of the project with the added benefit of more green space for landscaping. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. That signage is not reviewed or approved as part of the site plan process. 2. That a recorded plat be submitted. 3. That all preliminary technical comments of the City's Engineering Division are addressed SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 7 The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Live Oak trees, Gumbo Limbo trees, Sabal Palms, Silver Buttonwood trees, Carpenters Palms, Montgomery Palms, Magnolia trees, Dahoon Holly, Jatropha. These areas will be under planted with Queen Emma, Dwarf Firebush, Muhly Grass, Green Island Ficus, Green Buttonwood, Simpson Stopper, Hawaiian Ti plants, Dwarf Fakahatchee grass, Parson's Juniper, Cocoplum, Wart Fern, Yew, Yaupon, Spineless Yucca, Red Fountain grass, Small Leaf Clusia, Wild Allamanda. Tree Height: Per LDR Section 4.4.6(l)(1)(c), when commercially zoned properties are immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is bordered, in part, on the north by the RL (Low Density Residential) zoning district, which has a lower allowed density than the subject property. The required standard setback along the northern property line is 10 feet from the property line. Thus, the enhanced setback is 12.5 feet. This enhanced setback applies to the eastern dwelling unit of building group #1. This unit complies with this requirement since a setback of 14.5 feet has been provided. Per LDR Section 4.6.16(E)(5), trees are required to be a minimum of 16 feet at the time of planting. With the added height requirement, the trees along the north side of the easterly unit of building #1 need to be a minimum of 20 feet at the time of planting. The landscape plan indicates that 14 -foot to 16 -foot Silver Buttonwood trees will be planted in this area. A condition of approval is attached that the landscape plan be revised to indicate that 20- foot high trees be planted in this area. It is noted that an alternative species will likely need to be provided since Silver Buttonwood trees of this height is problematic. It is noted that this was a condition of approval for the conditional use application and remains unresolved. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan, 1) The Existing Tree Removal and Relocation plan (Sheet 1) fails to identify a large tree on the south side of the property, close to the end of NE 7th Avenue. It appears that this tree is a large Australian pine tree. Label tree and account for it in the tree chart. 2) Per LDR 4.6.16(E)(5), all required trees are to be a minimum of sixteen feet (16') in height with a seven foot (7') spread and eight foot (8') of clear trunk. Some of the palms and trees do not meet the aforementioned requirements. 3) Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. The townhomes facing Federal Highway are required to have additional trees to SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 8 meet this requirement. Every unit shall have a double Montgomery Palm and an Oak tree. These trees need to be shifted away from the OIH lines and closer to the buildings. 4) The O/H line servicing the street lights should be placed underground to allow for the placement of the proposed oak trees closer to the right -of -way. This will allow these trees to grow to a more mature size and provide a larger visual impact along Federal Highway_ 5) The hedges (Ilex and Fakahatchee Grass) proposed along Federal Highway should incorporate more colorful varieties to add additional visual appeal. Fakahatchee grass in combination with Croton `Mammey' and Ruellia (Purple Showers) will provide a mix of colors and textures. Revise plans. 6) Additional trees and a taller hedge should be used within the landscape buffers on the north, east and south sides of this project. By doing so, much needed privacy and visual relief will be provided to the adjacent neighborhoods and businesses. The hedges should be at least thirty -six (36 ") inches in height. Currently, there are areas within the perimeter buffer where hedges are specified at 24" in height. 7) Some of the symbols on the landscape enlargement sheets are cut off and make it difficult to read. Include all information within the enlargement sheets. An additional sheet may be needed if all the information cannot fit onto the provided sheets. 8) The trees proposed adjacent to the driveways of the interior units need to be shade trees. Use a diverse palette combining Live Oak, Mahogany, Pink Tabebuia or Green Buttonwood for the larger landscape beds between driveways. The narrower landscape beds would be an ideal location for the use of palms and would add another species to the mix. At least three (3) single palms shall be used in each narrow bed. Montgomery, Carpentaria and Foxtail Palms are excellent choices for this application. All trees need to be at least sixteen feet (16') in height. See comment #2. 9) The perimeter landscape buffers need to be planted with shade trees. Switch the proposed Silver Buttonwood to a mix of Green Buttonwood, Satin Leaf, Live Oak, etc. These trees need to be sixteen feet in height, See comment #2. 10) Engineering plans show the townhome water meters and their corresponding service lines placed right down the middle of the landscape beds. This will cause a conflict with the installation of shade and palm trees. Move the water meters and service lines up against the driveway to allow as much growing space as possible for the trees. 11) The plant palette used for the townhouse understory plantings could use a bit more diversity. Include plants that offer more color and provide specimen accent pieces. The addition of a smaller groundcover layer in front of the larger hedges will add an appealing height differentiation. 12) The fence located to the rear of the bus easement needs to be screened with a hedge. Extend the hedge to satisfy this requirement. 13) Remove the elevation numbers and any other irrelevant information from the landscape plans. 14) That St. George provides and pays for the irrigation of the landscape along NE 7t" Avenue. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 9 15) That the applicant addresses the Senior Landscape Planners concern over whether the existing overhead lines along the west side of NE 7th Ave are to be buried andlor relocated. 16) The addition of landscape uplighting for the trees along Federal Highway will add another dimension to the streetscape at night. This element should be considered as it will also increase the visibility of this development and the beautiful landscape that will surround the buildings. ... 1 RACL.IEVATIONS .. �CHIT,ECTU Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of August 20, 2013, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 10 REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Ma The subject property has a Future Land Use Map designation of GC (General Commercial) and MD (Medium Density 5 -12 du /acre). The property is zoned GC (General Commercial) and RM (Medium Density Residential). The GC zoning district is consistent with the (GC) Future Land Use Map designation and the RM zoning designation is consistent with the MD Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 B - Concurrenc : During the conditional use process, the City Commission made a positive finding of concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1_ (C) - Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 D - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land se Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and be a catalyst for growth in the area. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 11 Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right -of -way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor its hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential only proposal helps to fulfill several of the items listed above. Transportation Element Policy A -1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. There is an existing bus stop along Federal Highway in the southern portion of the development. Thus, the applicant will be required to provide an easement and install a city - approved bus shelter on site. The bus shelter and easement are noted on the plans along the north side of the development. Transportation Element Policy A -2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right -of- way of adjacent streets. Such dedication shall also include sufficient right -of -way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right -of- Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T -1 of the Transportation Element, the required right -of- way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. Given the location of the subject, the full 10 -foot dedication would need to be SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 12 dedicated from the subject property. The City has received an e -mail from the FDOT (State of Florida Department of Transportation) that indicates that no further dedication of right -of -way is necessary. It is noted that up till now FDOT has required full dedication to meet the 120 -foot wide right -of -way for Federal Highway. Based on the correspondence from the FDOT, no additional dedication is required for this property. Transportation Element Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle racks at the recreational facilities. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A -3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes a 20 -foot by 30-foot play area adjacent to the pool and open air pool house. The pool house includes an outdoor pool table for older children, however, the play area does not include details of the play equipment. A condition of approval is attached the plans be revised to include details of the play equipment and that they be oriented toward toddlers. Based on the above, a positive finding can be made subject to the condition that the equipment for the play area be provided and that they be oriented toward toddlers. Housing Element Policy A -11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. The City Commission and Planning and Zoning Board considered the driveway connection to NE 7th Avenue. They found that the connection would not have a detrimental impact on the residential neighborhood to the south due in part to the one -way vehicular exit and landscape improvements proposed by the applicant. Based on the above, the proposed development is consistent with this policy. Housing Element , Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B -2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 13 This project will not be excluded to occupancy by adults only. The project provides the desired mix of household types given the 16 units with a fourth bedroom option. The development does provide the facilities for children of different ages including a pool table for the older kids and a play area for the toddlers. It is noted that the project plans need to be revised to include the "Play Area" equipment. The project meets this policy by providing the fourth bedroom option for larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has been met. Policy B -2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development essentially provides two varieties of floor plans that are in the same color and style. Thus, the proposed development is not consistent with this Policy. However, the aesthetic quality of the development is of a superior nature and will be an asset to the North Federal Highway corridor. Housing Objective A -12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the City Commission made a finding that the driveway connection to NE 7 t Avenue will not pose a significant detriment to the adjacent residential neighborhood given the proposed improvements and design of the connection. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north by GC (General Commercial) and RM (Multiple Family Residential — Medium Density); to the south by GC and RM; to the east by RM; and to the west by GC. The surrounding uses are single family and multiple family to the south; Multiple family and commercial to the north; multiple family to the east; and office to the west. The residential development will significantly enhance the aesthetics of the subject property as well as the neighborhood as a whole. The proposed redevelopment will provide year -round customer and employee base for the nearby commercial properties as well as new opportunities for area businesses. The stability of the area will be enhanced by the addition of the new households that will patronize area businesses and contribute to the long term revitalization of this area together with an increased employee base for the commercial uses. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 14 The property is located in an area that does not require review by the Downtown Development Authority (DDA). Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the development proposal at its meeting of May 23, 2013 and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Neighborhood Advisory Council ➢ Estuary ➢ Palm Trail ➢ Delray Citizen's Coalition ➢ Martell Arms ➢ La Hacienda ➢ Kokomo Key Any letters of support or objection will be presented at the SPRAB meeting. The proposed development will significantly improve the aesthetics of the property by replacing the vacant commercial building and property with a modern apartment complex. Further, the development will provide a stable year -round customer and base to the surrounding commercial neighbors. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.7(B)(5)[Waiver Findings] and Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. A. Postpone with direction. B. Move approval of the request for waivers, internal adjustment, Class V site plan, landscape plan, and architectural elevations for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5), Section 2.4.5(F)(5), 2.4.7(C)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, internal adjustment, Class V site plan, landscape plan, and architectural elevations for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 15 Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(B)(5), Section 2.4.5(F)(5), 2.4.7(C)(5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Building Separation_ Internal Adjustment: Board Discretion. Should the Board wish to approve or deny, the following motion is offered: Recommend approval /denial to the City Commission of an internal adjustment to LDR Section 4.3.3(0)(3)(c), which requires that setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than 25 feet for a two -story structure (15.5 feet between townhouses 214 and 315) based on making a positive finding/failure to make a positive finding with LDR Section 2.4.7(C)(5). Building Setback Waiver: Recommend approval to the City Commission of a waiver to LDR Section 4.4.9(F)(2)(a), which requires parcels that have frontage on North Federal Highway shall have a minimum front building setback of 5 feet measured from the ultimate right -of -way line and a maximum setback shall be 15 feet (37 feet proposed maximum) based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the request for a Class V site plan for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items. 2. That the lot coverage of the RM zoned property is noted on the plans and that it be no more than 40 %. 1 That the photometric plan be revised to correct the lighting deficiency at the parking area. 4. That the depths of the two substandard maneuvering areas be increase to 6 feet. 5. That the plans be revised to include details of the play equipment and that they be oriented toward toddlers. 6. That a CCTV camera be provided at the pool /clubhouse area. 7. That the Home Owners Association documents include the maintenance /repair /replace responsibility of the Association in perpetuity for the improvements along NE 7th Avenue. SPRAB Staff Report — December 18, 2013 Class V Site Plan, Building Elevations, Landscaping, Waiver, and Internal Adjustment for St. George Page 16 The documents will also need to identify that there will be no cost to those residences along NE 7th Avenue. 8. The Developer shall sign the City's standard landscape maintenance agreement for the landscape improvement along NE 7th Avenue and the HOA documents for the development shall provide that the homeowners association of the St. George project will be responsible, in perpetuity, for the costs associated with this landscaping including maintenance, irrigation, and water meter as determined by the City in accordance with the Landscape Maintenance Agreement. 9. No Certificate of Occupancy shall be issued to the Developer for any part or portion of the project until all work has been completed and approved by the City regarding N.E. 7th Avenue as it relates to conditions 8 -10. This must be noted on the plans. 10. No construction traffic shall be allowed to enter or exit onto N.E. 7th Avenue, unless such traffic is related to the improvements of N.E. 7th Avenue. Developer shall take the appropriate steps to insure that this condition is followed and this must be noted on the plans. Landscape Plan: Approve the landscape plan for St. George based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Address all Landscape Plan Technical Items. 2. That the landscape plan be revised to indicate that 20 -foot high trees be planted in the area along the westerly portion on north side of building #1. Elevations: Approve the proposed elevations for St. George based on positive findings with respect to LDR Section 4.6.18(E). Attachments: • Appendix A • Site Plan Architectural Elevations Landscape Plan Location map Report prepared by: Scott D. Pape, AICP, FCP, Senior Planner A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X (Provided age appropriate equipment is provided in the play area for toddlers) Does not meet intent N. E. 14TH N. E. 13TH N. E. 11TH { N. E. 9TH O Z I 0 Z5 / ill LAKE AVENUE S. Lil k � k WITHERSPOON LANE E-=7 McKEE LN. co F Ltd Q J Of � LLl z Q a N. 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Y 0 w 0 I c? a t E 1,111 Ll E L, 1 E E I Fo � E, N D:l 19-T CL MR, 0 LU U) 0 LLJ LO 0- a) r, C 0 4� w 0) a) 11 71 c U. c a Me To. Y 0 w 0 I 0 0 +1 LLI 41 LU A (D 0 0 4� 4� :3 0 U) 0 4- LLJ Z 41 0 Z i (D 0 0 4 (D (D -as I[ Z:> tl -NV- s ---T r--,l (::> I- cl-a 9V ICE -STIlevo TV A03 U E STllsv3(1NVS Hi 0 CIA acQ101D Is u 0 0 +1 LLI 41 LU A (D 0 0 4� 4� :3 0 U) 0 4- LLJ Z 41 0 Z i (D 0 0 4 (D (D Richard .loves ARCHITECTURE AA26001617 1 IB26001056 10SE 1stAVE DELRAY BEACH, FL33444 56127491$6 1 www.Tjarchitecture.com :tune 24, 2013 Planning and Zoning City of Delray Beach Attn: Scott Pape Re: Internal Separation Adjustment Project: St. George Dear Scott: This letter is a waiver request pursuant to Section 2.4.7(B)(5) of the Delray Beach Land Development Regulations CLDRs ") involving the granting of relief from LDR Section 4.3.3(o)(3)(c) to allow for a reduction in the internal building separation from 25' to 15'-6" only between buildings 2 U and building 3 85_ a waiver: To support a waiver, LDR Section 2.4.7(6)(5) requires that the governing body make a finding that granting (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; and, (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. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or 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. Thus, this waiver request should be approved. With the reduced internal building separation the project promotes a village concept_ Buildings layout is designed to bring down the scale and provide an intimate feeling_ The entries for the end units are located on the side of the building with a paved walkway in-between feeding residents to their doorway. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. If you should have any additional questions or comments, please contact me at (561) 274 -9188. Richard Jones Architecture Inc. Jennifer Snyder Project Manager Richard Jones ARCHITECTURE AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH, FL33444 15612749186 1 www.rjarchitecture_com June :24, .2GI3 Planning and Zoning City of Delray Beach Attn: Scott Pape Re: Front Building Setback along Federal Highway Project: St. George Dear Scott:. This letter is a waiver request pursuant to Section 2.4.7(B)(5) of the Delray Beach Land Development Regulations ( °LDRs") involving the granting of relief from LDR Section 4.4.9(f)(2)(a) to allow for a reduction in the minimum front setback. -a waiver To support a waiver, LDR Section 2.4.7(B)(5) requires that the governing body make a finding that granting (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; and, (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. This project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or 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. Thus, this waiver request should be approved. Currently we meet the intent of this code section_ All of our buildings that are up along Federal Highway are between the minimum 5' setback and a maximum 15' setback. We feel the way that the buildings are designed gives .more variety /interest to the streetscape .rather than pushing all the .building up to the property line creating -a staggered building facade. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. If you should have any additional questions or comments, please contact me at (561) 274- 9186. Richard Jones Architecture Inc. Jennifer Snyder Project Manager Miller, Diane From: Patricia Truscello <ptruscello @hotmail.com> Seat: Friday, December 13, 2013 10A0 AM To: PZmail @MyDelrayBeach.com Cc: artmuseumIover @aol.com Subject: St, George RE: Green Space in North Delray Hello, I am concerned about the plans for the St. George development. As a resident of the neighboring historic community, La Hacienda, we have already lost acres of green space due to construction of townhouses. As the density of our area increases, so does the need for green space. This is not only needed to maintain the charm of our unique neighborhood and the sanity of our residents, but also for children. Townhomes attract families with children and dogs. How about putting in a dog park? A pocket park? A small botanical garden? This garden concept was already discussed about ten years ago. 1 believe it is time to seriously consider this once again. It would be a boon for all of Delray Beach. Myself and other members of the Delray Beach Public Art Advisory Board could work with the city to ensure this concept would be executed beautifully. We have available funding. Assuming that the city planners have already at least partially addressed this issue, I would appreciate if you could tell me what the short -term and long -term plans are for green spaces in this entire neighborhood. Little by little we lose our trees and open areas to more concrete and cars. St. George is one more small development that contributes to the big picture of North Delray Beach. I fear that my neighborhood will soon become an urban ghetto full of paved surfaces and no significant green space. Grass along a sidewalk or parking lot doesn't count! :) Neither does one large ugly plastic play structure surrounded by chain link fence. A significant effort should be made to contribute to the positive qualities this area of Delray Beach already has. Thank you for your response before it is too late. All the residents in the entire area will greatly appreciate hearing about this. Most sincerely, Patricia Truscello 829 North Lake Avenue Delray Beach, FL 33482 1 To Delray Beach City Commissioners, The median which was constructed on Federal Hgwy. in 1992 is directly -in front of a recently proposed development, St George. The median was built during our annexation into the city from county pockets. We were offered more police protection and further rights to defend our properties in exchange for increased taxes. Now, 21 years later, the city is accepting bribes and waivers from developers to destroy any last remnant of our heritage. The St. George housing project would consist of (36) 2 -story units, including a % acre parcel which the developers consider integral for ingress & egress to the development from 7t" Ave. The reason the developers acquired this .277 lot is obvious. They refuse to forfeit the 10 ft. setback facing Federal Hgwy. as it would limit their plans to maximize available space. They have actually asked for a clause /waiver to minimize the 15' setback requirement for neighboring homes @ 7th AveH! This in itself would be disastrous for a homeowner caring for a young child & a disabled veteran. The city has improperly installed traffic lines needed to record & address an already over - Crowed road on George Bush Blvd. As it is now, officers are dispatched to monitor & guide traffic to & from St. Vincent's church & school.. The traffic has already grown @ an alarming rate due to the influx of displaced students from a recently closed neighboring school. Please consider my plea to not allow this intrusion into our neighborhood Sincerely, a Florida native, Monica Kaysen Truxel6, Rebecca From: Monica Kaysen <bigcocomo @bellsouth.net> Sent: Monday, December 16, 2013 2:24 PM To: Truxell, Rebecca Subject: FW: when I appealed Attachments: img132.jpg; img133.jpg; img134.jpg; img135.jpg; img136.jpg; img137.jpg From: Monica Kaysen [ mailto :bigcocomo(a)bellsouth.net] Sent: Monday, December 16, 2013 2:16 PM To: `ptruscello @hotmail.com' Subject: FW: when I appealed Hi, My names Monica & I live @ the dead -end on N. Wh Ave. I'm forwarding this letter I wrote to my friend, Carmen, because she just found today that you could possibly be an ally to an injustice she has been fighting alone for almost a year. It is seriously casting her health while caring for a child & an invalid From: Monica Kaysen [mailto:bigcocomo @bellsouth. net] Sent: Monday, December 16, 2013 2:02 PM To: 'carmennurse69 @yahoo.com' Subject: when I appealed Carmen, I'm attaching a few letters I wrote & received when 115t started in '92, till '99 during which time 1 was the sole person to fight developers on my street. I had to go to Alaska in the Spring of '99, for my family needed me. They adopted me here in Delray, tho I was born here in'53. Unfortunately, I suffered a severe accident on the Alcan Hgwy.(B.C. Yukon) while trying to avoid hitting a big -horn sheep on the roadway. l was medevac'd to Alaska Regional Hosp.,where I was comatose during all the surgical procedures I underwent for a month. I'm saying this because I can't find paperwork for when Delray Bch. finally decided to lower the density in the vacant lot across from to RL ( deeming it to be considered a "BUFFER ZONE") between commercial & single family residences. Back then, Diane Dominguez was a planner who helped me, considerably. I'm obviously very concerned about your situation as you're facing the same dilemma I encountered @ the same age: an INTRUSION TO PRIVACY & the blunt attempt for a single - minded, money-grubbing, non - caring developer to not even consider the impact his schemes will cost you, your family & neighbors, the traffic congestion & hazards on a school road, & the vegetation (ancient trees) slated for removal, IF THE CITY ALLOWS THIS AUTROCITY to proceed From what I've recently gathered, the city has granted "waivers, & concessions" to this developer as a means to "revitalize" this northern "corridor" of Delray. Does that mean that we, who bought houses here away from now concreted "Village By The Sea ", have to be chased out? Both my Grandparents were pioneers here. One, a carpenter, the other helped to form the Delray Affair, via the Gladiola Festival. He was a grower of plants & trees. One built Mizner homes, the other produced beautiful gardens & food. I will do everything I can to retain what's left of our "VILLAGE BY THE SEA" Your Friend, Monica Kaysen 243 -1770 PEERAY BEACH bftid illsAll- Am�1�C 199 ��;�. �- �E.;; ,$� Mss• I L R R V E U71i 100 N.W. lstAVENUE Q DELRAY BEACH, FLORIDA 33444 4 (561) 243 -7000 Dear Property Owner: The Community Redevelopment Agency and the City of Delray has recently completed the North Federal Highway Redevelopment Plan. The Plan provides a framework for the revitalization and redevelopment of the Borth Federal Highway Corridor, located between NE .4 Street and the north City limits, The Plan deals with redevelopment of the commercial frontage properties along the corridor as well as adjacent residential neighborhoods, The .Plan is based. on public input and professional-, advice given at the North Federal Highway Iplanning charrette. The City is now in the process of taking several actions that will ensure that development in the area takes place as envisioned in the Plan. Those actions include changing the zoning for the properties shown on the attached map (shaded area of map). The plan call for rezoning those parcels from Multiple Family Residential - Medium Density (RM) to Multiple Family Residential -Low Density (RI..) as the RL zoning exists both to the north and east of the area and seven of the nine parcels are currently developed as single family homes, one parcel is a triplex and one is vacant. The Planning and Zoning Board will consider the proposed changes at its meeting of Monday, May 17,1999. The public hearing begins at 7 :90 p.m. in the City Commission Chambers located at 104 NW I" Avenge, Delray Beach, Florida. Following the Planning and Zoning Board meeting, the City Commission will. consider the. rpzonings at mpgtings to be held on. Tuesday__ June.1r- 1999 and Tuesday June 16, 1999. The meetings begin at 6:00 p,m. in the City Commission Chambers at City Hall. This letter and the attached formal notice is provided to give you or your representative an opportunity to comment on the proposed changes, if you would like to obtain additional information on this item please feel free to contact Janet Meeks at 243 -7040. Date Mailed: May 6, 1999 THE EFFORTi ALwAys MATTERS Ll �. } DELRAY BEACH 4 ``e 0 , r m k hft—ddh� 100 MW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 p (561) 243 -700( File # 1999 -140 SUBJECT. PROPOSED REZONING INITIATED BY THE CITY OF DELRAY BEACH Pursuant to Section 2.4.2(B)(1)(c) of the Land Development Regulations of the City of Delray Beach, you are hereby notified that the Planning and Zoning Board of ,the City of Delray Beach, Florida, : as.; _Local Planning Agency, will consider whether to recommend to the City Commission a change to the zoning district far the properties which are shaded on the attached map. A complete legal description of the parcels is attached as Exhibit A. EXISTING ZONING RM (MULTIPLE FAMILY RESIDENTIAL DISTRICT: - MEDIUM DENSITY) PROPOSED ZONING RL (MULTIPLE FAMILY RESIDENTIAL DISTRICT: LOW DENSIM The proposed rezoning will be considered at a Public bearing meeting of the Planning and Zoning Board on MONDAY, MAY 17, 1999 AT 7.00 P.M,,, (or at any continuation of such meeting which is set by the Planning and Zoning Board) in the Commission Chambers at City Nall, 106 NW 1ST Avenue, Delray Beach, Florida. This public notice is being provided as your property is located within a five hundred (500) foot radius of the property shown can the attached map (shaded area on map). The City Commission will consider the Planning and Zoning Beard's recommendation at meetings to be held on TUESDAY, .TUNE 1, 1999, and TUESDAY, JUNE 16, 1999, The meetings begin at 6,69 P.M. with the public/hearing portion of the agenda occurring at 7,00 P.M, in the Commission: Chafters at City Hall. You are invited to attend the hearings and all persons interested will be given an opportunity to be heard. If you would like further information with regard to how this proposed action may affect your property, please contact the Planning and Zoning Department, City Mall, 100 NW 19t Avenue, Delray Beach, Florida 33444, Phone 561/243 -7440, between the hours of € 00 A.M. and 5 :00 P.M. on weekdays (excluding holidays). T�?T-- E FFr;r-: ; ti'. °_;tire t,%4 A, } TE :PS, Delray Bch, Fla, 33483 To The City Commissioners: I'm writing this letter in a last ditch effort to save my neighborhood from an I ntrusion. of privacy and traff c congestion, and in the hope of maintaining what is left of Delray's small town atmosphere. I live in a single- family home on a dead. end 240 ft. long private street. It consists of three single - family homes and one converted duplex. We have not paved the road as we feel it is the only way to deter the traffic that comes down and runs into trees and shrubs while trying to turn, around in our driveways When we were annexed in 1988, the zoning on the west side of the street was changed from R- 1-A to RM-6 as was most areas lying east of Federal Highway, in an effort to create a buffer between commercial and residential property. When maps were sent out,, during the annexation, the entire "Marry Seemiller' subdivision was devoid of any characteristics; lot lines, deadends, private streets, and easements. Unfortunately, no special consideration was taken into account for the particular circumstances that are present here. My fears of what could happen to the empty lots across the street from us brought me to appeal to the zoning board in 1988. I gathered signatures from the owners on my side of the street and went through the process of trying to have the zoning restored. Several members, after viewing the situation felt, it was a worthwhile cause. Eventually, the appeal was turned down 3 -2, the only opposition being that the owner who owned the lots and lived on the No. end of the lots was not present. She was old and ill, unfortunately, and spent most of her time in Michigan with. her family. She had all her property up for sale. Diane Dominguez feint I should then appeal to the City Commissioners, but I was encouraged by the Board members' theory that it would be highly unlikely that anyone would develop anything large on a dead end road. Since then, the woman.s' house was sold to a young family and just recently, the lots were sold to Russell. Jennings who yawns an electric and air conditioning Company on Bond Way. 40 Because Jennings' business has expanded and therefore created a traffic hazard on bond Way, they have turned a portion of the lot directly behind them into parking lot. which is an eyesore to our homes and which I consider a ruthless intrusion into our neighborhood. At least a dozen truckloads of fill were dumped on the lots last week which tare up the road in which I have had to pall vehicles out of. 1 went to the Zoning and planning Dept. to find out what the plan was, but as yet , no plan has been submitted. 1 fond it hard to believe special concessions may be allowed for a company that might be doing work for the city. I was given a set of guidelines which was adapted by the Commissioners for RM-6 zoned areas as Planning & zoning are no banger responsible for this corridor. I find the guidelines somewhat vague and adaptable to any over - zealous developer. 0 1 attended all the meetings involving the Yaeger property at the end of Bond Way and Palm Trail and was opposed to the original proposed development as there was no'clear solution to avoid congekion on our side streets. I am still very concerned with this aka. I grew up on Palm Trail and remember Delray as a quaint little mown that nny Grandfathers helped build. I realize our neighborhood bad been labeled as a blighted one, but there are some of us who have and are spending a good portion of their lives trying to change that image. Please consider my appeal and realize this street is not equipted to handle more apt's when there are plenty available on thru streets. In the event you could lessen the density of dwellings here, we would be more than happy to Pave the road and install a private street entrance marker as was installed on Denery Lane, behind me, which is also in any subdivision and also on a private dead. -end street. Thank you for your consideration, Any suggestions wil be greatly appreciated, Konica Kayser. 243-1770 I August 26, 1992 Ms. Monica Kaysen 1227 N.B. $th Avenue Delray Beach, Florida 33483 RE; Wadland Property, 1200 Block of N.E. 8th Avenue Henry Seemil.l,er Subdivision Dear Ms. Kaysen, As you know, at its meeting of August 17, 1992, the ]Manning and Zoning Board voted 3-2 not to initiate a rezoning of the above referenced property from RM to RL. That action was taken In response to your request to have.that rezoning initiated. In addition to the Planning and Zoning Board, rezoning actions can be initiated by the City Commission. if you wish to pursue this matter further, your next step would be to seek support, for your request from a member of the City Commission. A Commissioner who supports the idea could have the item placed on an upcoming agenda for consideration by the full City Commission. If the Commission voted to initiate a rezoning, the item would then proceed through the normal public hearing process. 1. would like to take this opportunity to thank you for your interest in the planning process. 1 think it's commendable that you took the time to investigate this issue 4Ad bring-it to the attention of the appropriate bodies. Whatever the final, outcome may be, 1 hope that you remain interested and involved in the future development of your neighborhood, and of the City as a whole. 4incer Diane Flanne .. THE EFFORT ALWAYS MATTERS N my or Mvpay KAM R. PLANNINO It 3MWS DCPARTMFNF FROM; RM (MULTIPLE FAMILY RESIDENTIAL- MEDIUM DENSITY) TQ RL (MULTIPLE FAMILY RESIDENTIAL -LOW DENSITY) wp RET -1 0.Rlul MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louis Chapman, Jr., City Manager DATE: December 20, 2013 SUBJECT: AGENDA ITEM 9.1). - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 REOUEST FOR IN-LIEU OF PARKING SPACES/ 235 NORTH SWINTON AVENUE ITEM BEFORE COMMISSION The item before the City Commission is to approve a request for the purchase of in -lieu of parking spaces and an associated payment agreement for 235 North Swinton Avenue. BACKGROUND A Class V site plan modification has been submitted for the conversion of use from residential to 2,200 square feet of office use. Located in the OSSHAD (Old School Square Historic Arts District), the conversion of use is subject to Land Development Regulations (LDR) Section 4.4.24(G)(4)(d), requiring one (1) parking space per 300 sq. ft. of floor area, requiring seven (7) parking spaces. Given the property's current configuration with the home setback from the right -of -way, four (4) spaces are provided resulting in a three (3) space deficiency. Unable to provide any additional parking, the applicant is seeking approval for the purchase of three (3) in -lieu of parking spaces in accordance with LDR Section 4.6.9(E)(3). Located in Area 3 of the in -lieu of parking program, spaces are $7,800 each, totaling $23,400. Furthermore, as owner of the property, the request also includes entering into an in -lieu of parking fee payment agreement in accordance with Section 4.6.9(E)(3)(d), requiring 50% payment upon remittance of an executed agreement and two additional payments of 25% on the second and third anniversaries of the agreement. While there is no on- street parking along Swinton Avenue, the subject property is 2'/2 blocks from the Old School Square (OSS) Garage. Additional on- street parking is available on NE 1st Avenue and in the Bankers Row' Lot on NE 1 st Avenue at 2nd Street. Staff encourages the owner to have employees use the OSS Garage, leaving the four spaces provided for the convenience of their clients. REVIEW BY OTHERS Consensus of the Community Redevelopment Agency, at its meeting of October 24, 2013, was to not support the use of in -lieu of parking in this area. The Parking Management Advisory Board, at its meeting of November 26, 2013, recommended approval in a 7 -1 vote, (Branning dissenting). RECOMMENDATION By motion, approve the request for three (3) in -lieu of parking spaces and associated payment agreement for 235 N. Swinton Avenue by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3)of the Land Development Regulations. 12130/13 PAPA Maps L -- — -- 1 40 Search Search Results Detail View Property Record Owners �GLICK BRIAN Property detail Location 235 N SWINTON AVE Municipality DELRAY BEACH Parcel No. 1243461 601 0660040 Subdivision DELRAY TOWN OF Book 16878 Page 390 Sale Date MAR -2004 3908 S OCEAN BLVD # Mailing M -348 Address HIGHLAND BEACH FL 334873317 3 Use Type 0101 - SINGLE FAMILY - COMM ZONING Total 2678 Square Feet J J 3aies i nrormation Sales Date P Price MAR -2004 4 448000 UL -1997 1 112000 Too Is I_aye rs Print Messages Instructional Videos www.pbcg ov.corNpaWAsps /papag i stpapag i s.aspx?qm3d Lie= 124346160106601B0 1 JoS „r. �N F'I Gary R. Nikolits, t property jai Pap each Cou ti b 4 112 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR 235 N. SWINTON AVENUE 1. This in lieu parking fee request for the purchase of 3 in -lieu parking spaces has come before the City Commission on January 7, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for 235 N. Swinton Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN -LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions or conversion of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of a fee in lieu of providing the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 3 in -lieu of parking spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At a cost of $7,800.00 per space totaling $23,400.00. Payment of 50% ($11,700.00) is due upon execution and remiitance of the Agreement, and 25% ($5,850.00) on the 2nd anniversary and 25% ($5,850.00) on the 3rd anniversary of the Agreement. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of January, 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN -LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement ") is made as of the day of , 2014, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ( "City "), and Brian Glick, ( "Owner ") WHEREAS, Owner is the owner of certain real property located at 235 North Swinton Avenue (the "Property "); and WHEREAS, Owner has applied to the City for approval for the conversion from residential to office use; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in -lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing two of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in -lieu parking fee shall be allowed to be paid in installments; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in -lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A ". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in -lieu of providing three, (3), of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in -lieu of parking fee of $23,400.00. The total fee shall be paid as follows: (a) One payment in the amount of $11,700.00 by check delivered to the City upon execution of this Agreement by the Owner. (b) One payment, in the amount of $5,850.00, is due on the second anniversary of the date of this Agreement. (c) One payment in the amount of $5,850.00, is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 235 North Swinton Avenue, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 2 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH 3 CITY OF DELRAY BEACH, FLORIDA LIM Cary Glickstein, Mayor OWNER By: Print Name: The foregoing instrument was acknowledged before me this day of , 2014 by (state or place of incorporation) known to me or has produced _ (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a corporation, on behalf of the corporation. He /She is personally M as identification. Signature of Notary Public - State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: January 2, 2014 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 ORDINANCE NO. 36-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. BACKGROUND At the first reading on December 10, 2013, the Commission passed Ordinance No. 36 -13. RECOMMENDATION Recommend approval of Ordinance No. 36 -13 on second and final reading. ORDINANCE NO. 36 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR DECREASED RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FISCAL YEAR 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to decrease collection rates for residential sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Title V, "Public Works ", Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below- described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection $6.61 Recycling $2.68 Yard Trash $2.68 Total Fees -- Contractor $11.97 Cart Replacement x&.00 Administrative Fee .35 Franchise Fee 0.60 Less C & D Credit -0.20 $2.68 Total Fees $14.22 $12.72 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection $17.38 Recycling $2.68 Yard Trash $2.68 Total Fees -- Contractor $22.74 Administrative Fee 0.35 Franchise Fee {4 5% -$ �. 1.14 Less C & D Credit -0.20 Total Fees $25.16 $24.03 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage /Trash Collection $4.47 Recycling $2.68 Yard Trash $2.68 ORD. NO. 36 -13 Total Fees -- Contractor $9.83 Refuse Collection $ 3.33 Administrative Fee .35 Franchise Fee {� 5% 0.49 Less C & D Credit -0.20 Total Fees $11.16 $10.47 (B) Multi- Family Service Multiple - family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple - family monthly fees shall be based on a per -unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi- family collection service, in addition to the monthly total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll -out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll -out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $ 3.33 Recycling $2.68 Total Per -Unit Fee -- Contractor $6.01 Administrative Fee 0.35 3 ORD. NO. 36 -13 Franchise Fee {� 5% 44,60 $0.30 Less C & D Credit -0.10 Total Monthly Fees Per Unit 6.56 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. This ordinance shall become effective the day following the City Commission meeting at which it is passed and adopted by the City Commission on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2014. ATTEST: City Clerk First Reading Second Reading MAYOR 4 ORD. NO. 36 -13 PROPOSED RESIDENTIAL SANITATION RATE ORDINANCE REVISION CURRENT PROPOSED DECREASE DECREASE Curbside Rollout Carts (AGAR) FY14 RATE Garbage Collection Recycling Yard Trash Total Fees - Contractor Cart Replacement Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit Rear -door Owner Container (BGAR) Garbage Collection Recycling Yard Trash Total Fees - Contractor Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit Curbside Disposable Containers (CGAR) Garbage Collection Recycling Yard Waste Total Fees - Contractor Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit 6.61 2.68 2.68 6.61 2.68 2.68 11.97 11.97 0.90 - 0.90 0.35 0.35 1.20 0.60 0.60 14.42 12.92 1.50 (0.20) (0.20) 14.22 12.72 1.50 10.55% PROPOSED DECREASE DECREASE FY14 RATE ($) (%) 17.38 17.38 2.68 2.68 2.68 2.68 22.74 22.74 0.35 0.35 2.27 1.14 1.13 25.36 24.23 1.13 (0.20) (0.20) 25.16 24.03 1.13 4.47% PROPOSED DECREASE DECREASE FY14 RATE ($) (%) 4.47 2.68 2.68 9.83 0.35 0.98 11.16 (0.20) 10.96 4.47 2.68 2.68 9.83 0.35 0.49 0.49 10.67 0.49 (0.20) 10.47 0.49 4.47% ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 AVERAGE PROPOSED DECREASE DECREASE Multi - Family Service (DGAR) FY14 RATE RATE ($) (%) Garbage Collection 12.72 3.33 3.33 TYPE B 299 Recycling 86,220 2.68 2.68 2,638 10.47 Total Fees - Contractor MULTI - FAMILY 6.01 6.01 6.56 1,167,969 Administrative Fee 0.35 0.35 4,118,687 LESS UNCOLLECTIBLES Franchise Fees(Reduce down from 10% to 5 %) 0.60 0.30 0.30 Total Fees 6.96 6.66 0.30 Less C &D Credit (0.10) (0.10) Total Fees After Credit 6.86 6.56 0.30 4.39% AVERAGE ESTIMATED FY 14 CURRENT RATES: #USERS RATE REVENUES ROLL OUT CARTS TYPE A 16,595 14.22 2,831,771 REAR /SIDE DOOR TYPE B 299 25.16 90,274 CURBSIDE DISPOSABLE CONTAINERS TYPE C 2,638 10.96 346,950 MULTI - FAMILY TYPE D 14,837 6.86 1,221,382 34,369 4,490,376 LESS UNCOLLECTIBLES 1.5% (67,356) ESTIMATED RESIDENTIAL FEES 4,423,021 ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 AVERAGE ESTIMATED REVISED FY 14 RATES: #USERS RATE REVENUES ROLL OUT CARTS TYPE A 16,595 12.72 2,533,061 REAR /SIDE DOOR TYPE B 299 24.03 86,220 CURBSIDE DISPOSABLE CONTAINERS TYPE C 2,638 10.47 331,438 MULTI - FAMILY TYPE D 14,837 6.56 1,167,969 34,369 4,118,687 LESS UNCOLLECTIBLES 1.5% (61,780) ESTIMATED RESIDENTIAL FEES 4,056,907 ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Milena Walinski, Interim Finance Director Lisa Hartman, Utilities Financial Manager THROUGH: Louie Chapman, Jr., City Manager DATE: December 2, 2013 Page I of I SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 ORDINANCE NO. 36-13 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for decreased residential collection service rates. BACKGROUND At the meeting of November 19, 2013, Agenda Item 9.A. was presented to Commission to consider proposed changes to the Franchise and Garbage Cart Fees in Ordinance No. 25 -13 which was approved on September 17, 2013, and provides the basis for residential collection rates for garbage, recycling and yard trash. Staff was directed by Commission to make the following two changes to the rates: The $0.90 Garbage Cart Fee for the residential garbage cart service (AGAR) should be eliminated. 2. The franchise fee rate for all residential customers should be reduced from 10% to 5 %. These changes are estimated to reduce revenues in the Sanitation Fund by approximately $366,000 on an annualized basis. If this ordinance is approved and passed upon the second reading on January 7, 2014, the reduction in revenue for Fiscal Year 2014 will be approximately $275,000 for the remaining nine month period. RECOMMENDATION Recommend approval of Ordinance No. 36 -13 on first reading. If passed, a public hearing will be scheduled for January 7, 2014. http: // itwebapp/ Agendalntranet /Bluesheet.aspx9ltemlD= 7417 &MeetingID =469 1/2/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: January 2, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JANUARY 7, 2014 ORDINANCE NO. 37-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attorney; Qualifications ", in its entirety. BACKGROUND At the first reading on December 10, 2013, the Commission passed Ordinance No. 37 -13. RECOMMENDATION Recommend approval of Ordinance No. 37 -13 on second and final reading. ORDINANCE NO. 37 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 31.05, "CITY ATTORNEY; QUALIFICATIONS" IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 31, "City Officials and Employees ", Section 31.05, "City Attorney; Qualifications ", shall be repealed in its entirety as follows: Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12013. ATTEST City Clerk First Reading Second Reading MAYOR Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 4, 2013 Page I of I SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 ORDINANCE NO. 37-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 37 -13 which repeals Section 31.05 of the Code of Ordinances to eliminate the requirement that the City Attorney be a legal resident or have his principle office in the City at the time of appointment and during the tenure of office. BACKGROUND The elimination of this section will allow the City Commission to have a broader spectrum of possible applicants for the City Attorney position when the position becomes vacant. RECOMMENDATION Staff recommends approval of Ordinance No. 37 -13 on first reading. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7428 &MeetingID =469 1/2/2014 To: hula Butler, Director of Community Improvement CC: Patsy Nadal, Purchasing Manager File From: Kimberly Wynn, Deputy City Clerk Date: 2/7/2014 Re: Agreement/Delray Housing Group, Inc./Delray Beach Housing Authority For your records and disbursement, please find one (1) fully executed Agreement with Delray Housing Authority/Delray Housing Group, Inc., for the Neighborhood Services Stabilization Program in regards to RFC 02-2014NS. This item was approved by Commission at the January 7, 2014 Regular Meeting; Item S.D. An original agreement will be maintained by the City Clerk and a copy sent to Purchasing. Please call me at 243-7057 if you have any questions. 11m, IMIR WHEREAS, City of Delray Beach has entered into an agreement with the Florida Department of Community Affairs for the use of grant funds made available under the Housing and Economic Recovery Act of 2008 (HERA); and WHEREAS, these grant funds were made available pursuant to the authority of Sections 2301-2304 of HERA, which established the Neighborhood Stabilization Program (NSP), and WHEREAS, Delray Beach wishes to use grant funds provided under NSP for the herein described project; and WHEREAS, Delray Beach desires to engage the Delray Beach Housing Authority/Delray Housing Group, Inc, desires to enter into this Agreement to implement the herein described project. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE VIC "MMOIAM (1) "Grantee" means City of Delray Beach (2) "HERA" means the Housing and Economic Recovery Act of 2008 (HERA). (3) "NSP" means the Neighborhood Stabilization Program as authorized under Sections 2301-2304 of HERA. (4) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (5) "DCA" means Florida Department of Community Affairs (6) "Subrecipient" means the Delray Housing Authority/Delray Housing Group, Inc. (7) "Grantee Approval"' means the written approval of the City's Community Improvement Director or his/her designee. (8) "HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (9) "Low and moderate income persons" means the definition set by HUD. The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Part 11 of this Agreement. PART 11 SCOPE OF SERVICES The Subrecipient shall be responsible for handling several components pertaining to the rental of NSP properties. The Subrecipient will follow the program description as detailed in the NSP Request for Proposal (Attachment A). 1) Subrecipient shall make units available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 2) REVERSION OF ASSETS- Subrecipient shall own donated NSP rental properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years., b. Administrative- 1) Work with Grantee staff to monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the twenty (20) year term. 2) Ensure timely rent collection. 3) Manage nonpayment of rent including timely evictions. 4) Collect security deposits and maintain escrow accounts. 5) Advertise for and screen new tenants. 6) Comply with Federal Community Development Block Grant Regulations per 24 CFR 570.507. C. Maintenance and Repair: 1) General maintenance of plumbing, simple electrical and air conditioners 2) Lawn Care 3) On-call services (after-hour responses to tenant concerns) The Subrecipient will keep tracking sheets to track activities carried out under this program. The information listed below is required for reporting purposes in addition to program expenditures for each housing unit. As part of the Subrecipient's reporting to the Grantee, Subrecipient will provide a summary of each direct beneficiary under each strategy that includes: 3 A R%49 111*' T, 1 ) Housing unit address 2) Beneficiary name, address, city and zip code 3) Date of rental of property (closing date) 4) Other funding sources spent per unit 5) Information on whether the unit head of household is female, disabled, elderly, and income category for the household 6) Total household size, broken down by sex and age of household members 7) Racial demographics for the head of household. Quarterly Reports will be submitted to the Grantee by the 15th of month detailing activities for the previous three (3) months. Each report shall include the following: 1) Financial Report — Balance Sheet and Operating Statement detailing the rents collected, monthly expenses, tenant accounts receivables and accounts payables 2) Move-in/Move-out Reports 3) Vacancies 4) Litigation 5) Other non-routine activities 6) Provide annual operating budget no later than September 30th of each year. Subrecipient: For properties donated to the Subrecipient for rent, the Subrecipient shall market the availability of such proper-ties to persons likely to meet the definition of Very- Low Income Households. The Subrecipient shall rent these properties to tenants according to the income level associated with each property as established herein. i FsTro, F1 9M N, The Subrecipient assures the Grantee that, in connection with the properties acquired and rehabilitated for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD, The Subrecipient assures the Grantee that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Subrecipient shall income qualify the occupant of each property acquired through this Agreement according to the requirements 0 LIM 2 901 1.71' AAWAIC N WNA I, a MCA imm IM[b], contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. Furthermore, should the Grantee wish to verify the Subrecipient's records in connection with its compliance with the above stated occupancy, income, and affordability requirements, then the Subrecipient shall allow the Grantee to examine the Subrecipient's records as provided for herein. 1 • Is I The Subrecipient shall assure that all funds expended through this Agreement are expended on dwelling units purchased with NSP funds that will be occupied by households, defined as Very-Low Income Households (VLIH), whose incomes are at or below fifty percent (50%) of the median income for the West Palm Beach - Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by Grantee at its sole discretion, The Subrecipient understands that the median income level may be adjusted from time to time. 3. Designation of Property for Occupancy_ by Very-Low Income Households The Subrecipient agrees that one hundred percent (100%) of the properties through this Agreement must be will be occupied by VLIH. The Subrecipient shall pay all costs associated with the property insurance coverages specified below. The Subrecipient shall, at or before the closing, provide Grantee documentation evidencing that the Subrecipient shall have the below described insurance coverages in place for the property to be acquired. Applicable insurance coverages shall take effect on the closing date. The Subrecipient agrees to maintain, for the period of the declaration of restrictions: a. All-Risk Property insurance for the full replacement value of the property, including betterments and improvements made by the Subrecipient with NSP funds, b. Windstorm insurance, unless included as a covered peril in the property insurance, for the full replacement value of the property, including betterments and improvements made by the Subrecipient with NSP funds; or the maximum amount available under the 0 Florida Windstorm Underwriting Association, whichever is less, and C. Flood insurance, if the property is located in a specified flood zone as determine under NSP, for the maximum amount available from the National Flood Insurance Program. The Subrecipient agrees to be fully responsible for any deductible or self-insured retention, and agrees to name the Grantee as a Loss Payee/Mortgagee on each gg Licy as their interest may appear. The Subrecipient shall provide the Grantee on the closing date with a certificate of property, windstorm, and flood insurance as specified above, which certificate shall include the loss payee/mortgagee endorsement. Failure to obtain and maintain the above described insurance shall be considered as an event of default under the Declaration of Restrictions. The requirements of this clause shall survive the expiration of this Agreement. rx-41 1 Ry- The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with NSP funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement. 1 - Donate single family units or multifamily dwellings to Subrecipient to manage for affordable rental purposes during the term of this Agreement. 2. Provide project administration and inspection to the Subrecipient to ensure compliance with all applicable Federal, State, County and City laws and regulations. 3. Monitor the Subrecipient at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Grantee, be conducted by Grantee staff or its contractor, and will serve to ensure compliance with DCA and HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to Grantee on program activities. 4. The Grantee shall perform an environmental review of the project, and X review and approve project design and bids submitted for the work. The Grantee shall also perform Davis Bacon Act Labor Standards monitoring qiO etforcemeit. 5. EVALUATION AND MONITORING The Subrecipient agrees that Grantee will carry out periodic monitoring and evaluation activities as determined necessary by Grantee or the DCA and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Subrecipient agrees to furnish upon request to Grantee or the DCA's designees copies of transcriptions of such records and information as is determined necessary by Grantee or the DCA. The Subrecipient shall submit status reports required under this Agreement on forms approved by Grantee to enable Grantee to evaluate progress. The Subrecipient shall provide information as requested by Grantee to enable Grantee to complete reports required by the DCA or HUD. The Subrecipient shall allow Grantee, the DCA or HUD to monitor the Subrecipient on site. Such visits may be scheduled or unscheduled as determined by Grantee, DCA or HUD. 6. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Grantee, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Subrecipient to Grantee, the DCA, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. If during the year, the Subrecipient expends over $500,000 of Federal awards, the Subrecipient shall comply with the provisions of OMB Circular A -133'. The Subrecipient shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110, A -122, A -133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period in which Grantee-administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Subrecipient's choosing, subject to the DCA's approval. In the event the Subrecipient anticipates a delay in producing such audit, the Subrecipient shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Subrecipient. In the event the Subrecipient is exempt from having an audit conducted under A-133, the Subrecipient shall submit audited financial statements and/or the DCA reserves the right to conduct a "limited scope audit" of the Subrecipient as defined by A-133. The Grantee will be responsible for providing technical assistance to the Subrecipient, as deemed necessary by the DCA. 7 z Jag WRY11 ymys Tma, PART Ill GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE: The Subrecipient agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, gender, or gender identity or expression, be excluded! from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. DATA BECOMES GRANTEE PROPERTY: All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this Agreement shall be made available to the Grantee by the Subrecipient at any time upon request by the Grantee. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to GRANTEE if requested. In any event the Subrecipient shall keep all documents and records for five (5) years after expiration of this Agreement. 3 INDEMNIFICATION:. The successful proposer will agree to be liable for any and all damages, losses, and expenses incurred, by the City, caused by the acts and/or omissions of the successful proposer, or any of its employees, agents, sub-contractors, representatives, or the like, The successful proposer will agree to indemnify, defend and hold the City harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts and/or omissions of the successful proposer, or any of its employees, agents, sub-contractors, representatives or the like. 4. INSURANCE: The subrecipient shall provide original Certificates of Insurance, to Grantee within five (5) regular business days of the notification of the intent to award the Agreement. Certificates of Insurance shall provide a minimum of a thirty (30) day notice of cancellation to Grantee of Delray Beach and shall name Grantee of Delray Beach as the Certificate Holder and additional insured. 1 AUTOMOBILE: Combined Single Limit- $300,000.00 per accident, or Bodily Injury: $300,000.00 per person, and Property Damage: $100,000.00 per accident; 8 2. GENERAL LIABILITY: One Million Dollars ($1,000,000.00) each occurrence', 3 GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00); 4. EXCESS COVERAGE: One Million Dollars ($1,000,000.00): 5. PRODUCTS LIABILITY: Two Million Dollars ($2,000,000.00); 6. WORKERS' COMPENSATION- Employers' liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence. Evidence of qualified self-insurance status will suffice for this subsection. 5. MAINTENANCE OF EFFORT: The intent and purpose of this Agreement is to increase the availability of the Subrecipient's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Subrecipient. The Subrecipient agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 6, CONFLICT OF INTEREST: The Subrecipient covenants that no person who presently exercises any functions or responsibilities in connection with this Agreement, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Subrecipient. Any possible conflict of interest on the part of the Subrecipient or its employees shall be disclosed in writing to GRANTEE provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. 7. CITIZEN PARTICIPATION- The Subrecipient shall cooperate with GRANTEE in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Subrecipient is undertaking in carrying out the provisions of this Agreement. Representatives of the Subrecipient shall attend meetings and assist GRANTEE in the implementation of the Citizen Participation Plan, as requested by GRANTEE. & RECOGNITION: All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Subrecipient will include a reference to the financial support herein provided by the City of Delray Beach in all publications and publicity. In addition, the Subrecipient will make a good faith effort to recognize the City of Delray Beach's support for all activities made possible with funds made available under this Agreement. 9 rMr 9. AGREEMENT DOCUMENTS: The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; 10, TERMINATION- In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Subrecipient with funds under this Agreement shall be returned to Grantee. In the event of termination, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of the Agreement by the Subrecipient, and the Grantee may withhold any payment to the Subrecipient for set-off purposes until such time as the exact amount of damages due to the Grantee from the Subrecipient is determined. 11. TERMINATION FOR CAUSE: If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a thirty (30) working days written notice of such termination to the other party and specifying therein the effective date of termination. 12. TERMINATION DUE TO CESSATION: In the event the grant to the Grantee under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date HUD specifies. 13. SEVERABILITY OF PROVISIONS: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS: The Grantee may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, City, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Grantee Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by Grantee and signed by both parties. 15. NOTICES All notices required to be given under this Agreement shall be im sufficient when delivered to GRANTEE at its office at 100 NW Vt Avenue, Delray Beach, Florida 33444, and to the Subrecipient when delivered to its office at 600 N. Congress Avenue, Delray Beach, FL 33445. 16. INDEPENDENT AGENT AND EMPLOYEES: The Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not employees of the City of Delray Beach and are not subject to the provisions of the law applicable to City employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 17. NO FORFEITURE- The rights of the Grantee under this Agreement shall be cumulative and failure on the part of the Grantee to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 18. PUBLIC ENTITY CRIMES: As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Subrecipient certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 19. PROGRAM STATUES AND REGULATIONS- Subrecipient will comply with applicable federal and state requirements. (See Attachment B) 20. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein, IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. 21. In Inspector General. Subrecipient is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Subrecipient and its subcontractors and lower tier subcontractors. Subrecipient understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Subrecipient or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. is 22. Public Records Subrecipient shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Subrecipient agrees to: i. Keep and maintain all records that ordinarily and necessarily would be required by the City, ii. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Subrecipient r at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Subrecipient. V. If Subrecipient does not comply with this section, the City shall enforce the contract provisions i,n accordance with the contract and may unilaterally cancel this contract in accordance with state law. City Attorney Executed this day of 20 I(L i VA WITNESSES: Witness Name:,"," Witn s Signature Witness Name: Pe Witness Signature X . . . .......... COUNTY 0 F i"?,i] 1,,j The foregoing instr 7 2014, by title of officer or a t) acknowledging), a _ 97711!,1)1 behalf of the corporation. take an oath- ment He/She (type of . Y.!, JAKELEEN FERNANDEZ Notary Public - State of Florida i °rr My Comm. Expires Apr 11, 2014 111111121. Commission # DO 980607 11/1,11, . . . . . . . . . . . . . . . . . . ii VV 11111142 a 1114111 [fiva IMAIG" E [oil I_ AY EACH HOUSING AUTHORITYIDELRAY HOUSING GROUP, INC. Print Name: Title: jlv" e S � .. ry C 0 dged before this day of e,of officer or agent, Brie 11191f corporation tion) corporation, on sonar k0pvD,,,/',to me or has produced 'ication) as iden)CiZa'fipn and did (did not) are of Nt "rPublic - State orida CERTIFICATE OF COVERAGE ISSUED O-N: 1/28/20141 COVERAGE PROVIDED BY: PREFERRED GOVERNNIENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PK FL5 0505979 13-02 COVERAGE PERTOD: 10/1/201370 101120141101 AM C ©VERAC3ES.This is to certify that the agreement below has been issued to the designated member for the coverage period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate maybe issued or may pertain, the coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement, Mail to: Certificate Holder -6es(gna eWiie;m'be r City of Delray Beach # Delray Beach Housing Authority/ Delray Housing Group 100 MV 1st Ave j 701 SE 6th Ave., Suite 201 Delray Beach, FT., 33444 j Delray Beach, FL 33483 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability, Bodily Injury, Property Damage WC AGREEMENT NUMBER: WC FL5 0505979 13-02 and Personal Injury Limit $ 1,000,000 $2,500 Deductible Self Insured Workers' Compensation X Public Officials Liability I'll-nit $1,000,000 $2,500 Deductible X Statutory Workers' Compensation 1, X Employment Practices Liability Limit $1,000,000 $2,300 Deductible X Employers Liability $ 1,000,000 Each Accident X Employee Benefits Liability $1,000,000 By Disease Litnit $1,000,ouo $2,500 Deductible $1,000,000 Aggregate Disease Law Enforcement Liability Limit PROPERTY COVER-AGE AUTOMOBILE COVERAGE X Buildings & Personal Property Automobile Liability Per schedule on tile with $2,500 Deductible Limit $4,000,000 $0 Deductible Trust] imit be •ovepage delails X All Owned ,Vote agreenwaffor on wihd, flood, and odler Specifically Described Autos dMuclibles. Rented, Borrowed and Leased Equipment X Hired Autos X Non-ONNmccl Autos Limit Automobile Physi"I Damage All other Inland Marine Limit X Comprehensive See Schedule for Deductible 4 X Collision See Schedule for Deductible Hired Auto widt Limit of Garage Keepers Liability Lima Liabilit'y Deductible Comprehensive Deductible Collision D(,,dtic(jblc we —wrflpay i—sfu—rther —limite'd by 1-iZita-fi—o�n`;-------- NOTE:The most set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the tone of the loss. . ............ . ............ . ...... ...... ................ .. — .. . ..... Description of Operations/ Locations/ Vehicles/Special items: Location 008-001: 616 SW 9th Street, Delray Beach FL, Location 009-0,01: 614 SW 6th Street Delray Beach FL, Location 01 121411215 SW 2nd Street Delray Beach FL, Location 010. 001: 518 SW 9th Court Delray Beach FL, Location 009-001: 1505 SW 3rd Court Delray Beach FL, Location 11 102 SE 8th Street Delray Beach FL This woir,n complePcdhy member's agent, 11-ho hears 'owrlop responnbdhl v and habiliiyfar itN accaracy. This certificate is Issued as a matter oi information only and confers no rights upon the certificate holder. This certificate does net amend, extend or alter the coverage afforded by the agreement above. Administrator C ANC E LAMNS Public Risk Underwriters SHORE SANYIIAWI [10El-.XNRA'1T0NT)AFU P.O. Box 958455 TITEREDF PRFFr�RREDZIITKfFN'CAF INST�l�ANCF 110W Mf (, VNI)FAWRTO MAIL 60 DAYSVrRITTFN Lake Mary, Fl- 32795-6455 WATC12 OR W DAYS WRITTEN NOTICE FOR N01V-I`A}"MF.NT161 RF'XTJM,T0,J1 IF CER-1-77CATEITOL DER 51 ICI i N(y] ICE SHALI. [AvUSE No DRIAGATE)N OR ITATJIJ 1*1 Y Or ANY KIND UPONTPrEPRLAITIAM, ITSAC.FNTG oR RF14J-NF.NrA'nVI:S Producer Brown & Brown of Florida, Inc, J P. 0. Box 491636 A i Leesburg, Fl- 347491636 AUTHORIZED UPRESENITATIVE l/21 J THIS ENDORSEMENTCHAMGES THE AGREEMENT. PLEASE READ |TCAREFULLY. This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PG[T3V0, the GENERAL LIABILITY COVERAGE FORM, PGIT 200 and the PROPERTY AND INLAND MARINE COVERAGE FORM, pG|T1o4 Where indicated applies tuthe their interest may appear. The provisions m this, endorsement uo not supersede Florida Statute 7U8.z8. Article 10 §13vf the Florida Constitution, or any other Statute or law limiting whom a Public Entity can indemnify. _X ADDITIONAL COVERED PARTY - BY CONTRACT, AGREEMENT OR PERMIT SECTAON| - xVHOKS&COVEREDPARTv is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree ina written "insured contract" to name ama Covered Pmrly but only with respect u, liability arising, in whole or in part, out of your operations, "your work" or facilities owned or used by you. The coverage afforded no the Additional Covered Party does not apply: (1) Unless the written "insured contract", agreement or permit was executed prior to the "bodily injury," ^pmpertydamagc.~ "personal injury" nr "advertising injury;^ (2) To any person(a) orongani i included aoo Covered Party under this coverage agreement or byen endorsement made part of this coverage agreement. _X_ AUD|ToOwxLomxERsDpwRTY - OVVNERS OF LEASED EQUIPMENT SECTION x -WHO x9A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written equipment lease or rental agreement to name as a Covered Party, but only with respect to liability arising out of the sole negligence of the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or any employee or agent of the Covered Party. The coverage afforded zo the Additional Covered Party does not apply to: (1) "Bodily injury" or "property damage" occurring after you cease to lease or rent the equipment (2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage" to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the AddkionaCovnedpartyorite employees or agents, oro/ which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. PGIT 902 (10 D9) Page 1 _X_ ADDITIONAL COVERED PARTY - MANAGERS OR LESSORS QFPREMISES SECTION N- WHO |GA COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written agreement to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of the "premises" leased to you by such person(s) or organization(s). The coverage afforded to the Additional Covered Party does not apply to, (1) "Bodily injury" or "property damage" occurring after you cease to be a tenant in that "prernises"-, pq "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed byoron behalf ofthe Additional Covered Psrty-, (4) Liability assumed bythe Additional Covered Party under any contract uragreement; (5) "Property damage" to� (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control, Rotwithstanding any other provis,ion of this agreement, nothing in this agreement shall be construed as a waiver of the Covered Party's sovereign immunity nor shall any provision of this agreement increase the liability of the covered party, or the sums for which the covered party may be liable, beyond the limits provided in§768.28, Florida RGIT 902 (10 09) Page 2 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -03 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 14 -039 CONSULTANT PROJECT NO. TITLE: System 58A & 87 Force Main Replacement Project A. Replace approximately 1,400 linear feet of deteriorating force main (City of Delray Beach wastewater collection system #87) along Military Trail; from Lift Station #87 (located at the LWDD L -33 Canal north to the US Post Office. B. Intstall new Force Main from LS 58A to existing 8" FM along Germantown road near Via Verona Road. Connect existing 4" Force Main from LS 59C (Rabbit Hollowe Drive) and Force Main from LS55 to new Force Main (along Germantown Road). Abandon existing 4" Force Main from LS 58A to LS 58 and existing 4" Force Main from Rabbit Hollowe Drive to valve on existing 8" Force Main along Germantown Road. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement For General Consulting Services contract executed January 24, 2012, as Amended November 5, 2013." Title: Aqreement for General Consultinq Enqineerinq Services I. PROJECT DESCRIPTION This project includes Engineering Design, Surveying, Lift Station Analysis and Permitting Services which includes the following components: A. Replace approximately 1,400 linear feet of deteriorating force main (City of Delray Beach wastewater collection system 487) along Military Trail; from Lift Station #87 (located at the LWDD L -33 Canal north to the US Post Office. ®WGI Wantman Group, Inc. FngMe�fn9'71'1n Frntronme'7a PM-ifg Regular Meeting January 07, 2014 Item 8.C. B. Intstall new Force Main from LS 58A to existing 8" FM along Germantown road near Via Verona Road. Connect existing 4" Force Main from LS 59C (Rabbit Hollowe Drive) and Force Main from LS55 to new Force Main (along Germantown Road). Abandon existing 4" Force Main from IS 58A to LS 58 and existing 4" Force Main from Rabbit Hollowe Drive to valve on existing 8" Force Main along Germantown Road. The replacement will require an analysis of the #58 system for tie -in pressures and flow calculations and an analysis of the pumping characteristics of three separate lift station located on the #58 system. This proposal does not include design modifications to the lift stations that this force main will be servicing beside the recommendation with specifications for the types of pumps and impellers that may need to be modified. II. SCOPE OF SERVICES Phase I- Studv and Report Phase Not Applicable. Phase II - Preliminary Desicrn Phase Not Applicable. Phase III - Final Design Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III -- (Final Design Phase), Items 1 -7 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, subsurface utility engineering, cost estimating and surveys services conforming to the requirements of the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book) as applicable, and the City of Delray Beach's design details and specifications. IWWGI Wantman Group, Inc. fnglnaarmsa snveYng %Envlra�manW a Plorximp Regular Meeting January 07, 2014 Item 8.C. Phase IV - Biddinq /Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services (Duties of Consultant) Section C, Phase IV, (Bidding and Negotiations Phase), Items 1 -5 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor) . It is anticipated that work shall be awarded under a single construction contract. WGI shall provide up to twenty -five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. B. WGI shall attend one mandatory pre -bid conference and provide a written summary of issues discussed. C. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. D. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award. E. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with the bidding service, "Demand Star ". Phase V - Construction Administration Not Applicable ® WGI Wantman Group, Inc. En9lneerin9, *SwvayMg •`fmilonmelrtol a Plwuifn9 Regular Meeting January 07, 2 014 Item 8.C. Other - Permitti WGI will secure a permit from the following permitting agencies: a. Lake Worth Drainage District. b. Palm Beach County Health Department. C. Palm Beach County Land Development Division - Utility Permit within a Right -of -Way. d. Florida Department of Transportation - Utility Permit for Work within a Right -of -Way (Military Trail). Other - Surve WGI shall provide final bidding phase services in accordance with the, "Agreement for Land Surveying Consulting Services" dated January 24, 2012 between The City of Delray Beach and Wantman Group, Inc. Other - Subsurface Utility Engineering (SUE) Location Services Utility Locations to address potential conflicts Other - Geotechnical Services: WGI will provide four (4) soil borings in the areas of the directional drilling operation (to ensure that the soils are acceptable for a directional drilling operation. ®WGI Wantman Group, Inc. Ertgmeerfng45vrveyingR Errvilonmanfof: Pfonnlrtg Regular Meeting January 07, 2014 Item 8.C. III. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not -to- exceed cost for each phase. Engineering Services Estimated Fees Phase I - Study and Report Phase (Not Applicable) - -- Phase II - Preliminary Design Phase (Not Applicable) - -- Phase III - Final Design Phase $45,239.00 Phase IV - Bidding /Negotiating Phase $9,621.00 Phase V - Construction Administration Phase (Not Applicable) - -- Other Services - Permitting $ 5,792.00 Other Services - Surveying $11,400.00 Other Services - Subsurface Utility Engineeering $2,800.00 Other Services - Geotechnical $4,460.00 Reimbursables - $ 1,095.00 Total Compensation - $79,725.00 IV. COMPLETION DATE To be completed by: See attached Project Schedule. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in 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. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. [OWGI Wanfinan Group, Inc. Ertglnee.fng s SurveyMg� fnvfronmenfal;, Plvnning Regular Meeting January 07, 2 014 Item 8.C. Approved by: CITY OF DELRAY BEACH: WGI: Wantman Group, Inc. Date Date WqZ f by: May (Seal) l Wit s W ess Attest: BEFORE ME, kthe foregoing instrument, this 9.- day of , 2014, was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form WQTrjla�rnc co. L , and said person executed the Ark free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State a foresaid this 9 fk. day 11-711Y 0 f 2014. Notary Publi State of Florida KATHLEEN A. FONT]Flofida My Commission Expir ",Vp`�% FY Public - Slate of - ' My Comm. Expires Sep :; ;= Commission #t:EE 19F °; ;� Bonded Through National No IWWGI Wantman Group, Inc. E qh- rtng.3.ry in4•`fnvlronmenfol . Plan ,p Regular Meeting January 07, 2014 Item 8.C.