Res 10-14 L
RESOLUTION NO. 10-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER TO PALM BEACH COUNTY CERTAIN REAL PROPERTY
IN PALM BEACII COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING THE CONTRACT STATING THE TERMS
BETWEEN THE CI'T'Y OF DELRAY BEACH AND PALM BEACH
COUNTY, FLORIDA, DATED NOVEMBER t2, 2002.
WHEREAS, die City of Delray Beach, Florida, wishes to transfer certain property located at 100 West
Atlantic Avenue, Delray Beach, to Palm Beach County pursuant to the Agreement between the parties dated
November 12, 2002 for die purpose of clearing title;and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said propert,.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE C1lY OF
DELRAY BEACH, FLORIDA,AS,FOLLOWS:
Section 1. That the Ci�T CoMnlission of the City of Delray Beach, Florida, as Seller, hereby agrees to
ttansfet property to Palni Beach County, as Buyer, for the purchase price of Ten Dollars ($10.00), and other
good and valuable consideration; said parcel being more particularly described as follows:
North eight feet (8') of South sixteen feet (16') of Tract "A", South County
Courthouse Complex: E7pansion Plat, as recorded in Plat Book 117, Page 11,
Public Records of Pahn Beach County, Florida.
Section 2. That the terms and conditions contained in the Agreement between the City of Delray
Beach and Palen Beach Count3T dated November 12, 2002 are iucozporated Herein as Ex-liibit`A".
PASSED AND ADOPTED in regular session on the 18'x' day of_March , 2014.
Mayor
Attest:
City Clerk
Prepared by and Return to:
Christine Steiner, Real Estate Specialist
Palm Beach County
Property & Real Estate Management Division
2633 Vista Parkway
West Palm Beach, FL 33411
Property Control Number: a portion of 12- 43- 46- 17 -67- 001 -0000
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED made and executed this
day of
, 2014, by the CITY OF DELRAY BEACH, FLORIDA, a Florida
Municipal Corporation, whose legal mailing address is 100 NW 1St Avenue, Delray Beach,
Florida 33444 -2698, hereinafter called the "Grantor ", in favor of PALM BEACH COUNTY, a
political subdivision of the State of Florida whose address is 301 North Olive Avenue, West
Palm Beach, Florida 33401 -4791, hereinafter called the "Grantee ".
s
WITNESSETH
That the said Grantor, for and in consideration of the sum of $1.00, in hand paid by the
said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-
claim unto the Grantee forever, all the right, title, interest, claim and demand which the said
Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Palm Beach, State of Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof (the "Property ")
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit
and behoof of the said Grantee forever.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 1 of 2
IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed, by its proper officers thereto duly authorized,
this day and year first above written.
ATTEST:
By:
Chevelle D. Nubin, City Clerk
Signed, sealed and delivered
in the presence of:
(Witness to both signatures)
Witness Signature
Print Witness Name
Witness Signature
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
GRANTOR:
THE CITY OF DELRAY BEACH, a Florida
Municipal Corporation
In
Cary Glickstein, Mayor
(OFFICIAL SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Attorney
The foregoing instrument was acknowledged before me this , day
of , 2014, as being executed by Cary Glickstein, as Mayor, who is
personally known to me or have produced , identification and who did (did not) take an
oath.
Notary Signature
Name
Commission No.
My commission expires:
Date:
G:\PREh11Dev1Open Projects\GG -South Count} Courthouse Expansion- dk1QUIT CLAIM DEED hjf approved 20140123 PCN.doc
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Exhibit "A"
North 8 feet of south 16 feet of Tract "A," South County Courthouse Complex Expansion Plat,
as recorded in the Plat Book 117, Page 11, Public Records of Palm Beach County, Florida.
Page 1 of 1
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Terri I I Pyburn, I nteri m City Attorney
DATE: February 26, 2014
SUBJECT: AGENDA ITEM 10.D. - MEETING OF MARCH 18, 2014
RESOLUTION NO. 10 -14
ITEM BEFORE COMMISSION
The item before City Commission is to approve Resolution No. 10 -14 transferring property to Palm
Beach County pursuant to Section 36.12(6) of the City's Code of Ordinances and the November 12,
2002 Agreement between the City of Del ray Beach, Pal m Beach County, the Del ray Beach Community
Redevelopment Agency and the Delray Beach Public Library.
BACKGROUND
Pursuant to the attached N ovember 12, 2002 Agreement between the Ci ty of Del ray Beach, Pal m Beach
County, the Delray Beach Community Redevelopment Agency and the Delray Beach Public
Library, the City i s obl i gated to convey the north half of the east /west al I ey to the County. Upon receipt
of the northernmost had f of the al I ey, the County i s obl i gated to convey to the Ci ty the enti re east/west
al I ey f or i ncorporati on i nto the L i brary parcel , subj ect to a reverter i n f avor of the County. The
east /west al I ey was abandoned by the plat on June 29, 2013 and we must now proceed with the property
conveyance, pursuant to the Agreement.
RECOM M ENDATI ON
The Ci ty Attorney's Off i ce recommends approval of Resol uti on N o. 10 -14.
http:// itwebapp /NovusAgenda/Preview.aspx ?Itemi D= 7648 &MeetingI D =478 4/8/2014
R2002 198G
AGREEMENT
This Agreement is made: and entered into on ox.+ i m
'�Coun po br:t<rc�cn the Palm Beach County
( tyl a liticul subdivision of the State of Florida, and the City of Delray Beach ("Ci
a municipal corporation existing under der laws ofthe State of Florida, and Vi.
the Defray Beach Public
Library, ("Library'), a Florida Corporation Not for Profit with a tar id number of 59-0? 17683 and
the Delray Bench Community Redevelopment Agency ( "Agency', an agencyestmblishedpursuant
to Florida Statute Section 163, part Ili
WITNESSTH
WHEREAS, the City, the Agency and County first entered into an interlocal agreement on
August I2, 1986 (P.W1201), for the purpose of siting the South' County Courthouse, which
Intcriocal Agreement was subsequently amended twice on August 17,1993 and January 14, 1997,
and
WHEREAS, pursuant to that Interiocal
Agreement
other governmental facilities and currently is pla nin ancxpansion too those r2coitie ;nnduse and
n
WHEREAS, the City and the Library wish to locate a new library the
to the County Courthouse a �' p�enY adjacent
( property intended to be conveyed to the County), 'share
parking between the library and the courthouse, and reserve the City's option to fund a future parking
structure expansion on the County property for its needs; and
WHEREAS, the Library and the County are agreeing to a development and funding plan for
the shared facilities, and
WHEREAS, the City has short and long term obligations toward the development of both
the Library, as the owner of the Library property. and to the County pursuant to the Interlocal
Agreement; and
WHEREAS, this Agreement will terminate tho original rnterlocal A
and incorporates various terms of that agreement into this Agreement. greement, as amended,
NOW THEREFORE, in conjunction with the mutual covenants
contained herein, the parties hereto , promises andrcprasentapons
agree as follows.
Section l: Purpose
1.01 The purpose of this Agreement is to; I)-document the previous unsatisfied commitments of
the City, County and Agency which were contained in Agreement
and 2) set forth the terms under which the County will design, construct, and operate parking
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facilities on its property for use by employees and visitors to the courthouse, County owned
facilities, and the proposed Library. Exhibit 1 depicts all properties rc&Yenced in this
Agreement
Section 2: Definitions
2.01 Alley Prga= The real property to •bc conveyed with a reverter in favor of the County, to
the City. after abandonment and the City's conveyance of the northern most hair to the
County, pursuant to Section 13.04 of this Agreement.
2.02 Construction Contract: A contract between the County and a general contractor registered
in the State of Florida for the purpose of constructing the Courthouse- Phase I Project
2.03 Caurtv's Architect: A firm or team of professional architects and engineers that have an
agreement with theCounty for the design ofthe South CountyCourthouse Expansion Project
- Phases t II, and U.
2.04 Cmpbouse Extension EMiw: The addition bf up to 75,000 square fat of building,
construction of parking on Both the cast and west sides of SW Second Avenue.(frorn-W
Atlantic'Ave to SW 1' SQ, interior renovations and all otter site work attendant tolho,
expansion of the South County Courthouse in threv phases.
2.05 Courthq= - Phase 1: The first construction phase of the Courthouse Expansion Project
which includes the construction of the parking, and all attendant improvements to the
property pertaining to the parking, for joint use by the County and the Library, on the east
-side of SW Second Ave.
2.06 Cburthouse - Phase 1 Proiect DMdsret: The- sum of funds received from the Library and the
City pursuant to $oction 6 as well the County's contribution to the construction costs.
2.07 Courthouse - Phase I The second construction phase of the Courthouse Expansion Project
which includes the addition of up to 75,000 sf and associated site worst on the west side of
SW Second Avenue. - - - - -. _ ..
2.Q8 QWrthouse - Phase 3: The third construction phase of the Courthouse Expamsion Project
which includes renovations to the existing Courthouse building.
2.09 C=99M Pmt: The heal property owned by the County at rho time of atecution of this
Agreement, on east and west side of SW Second Avenue, south ofAtlantic Ave.
2.10 iksian Cmn= A contract between the County and PGAL, Architects dated November 10,
2001 for the design and construction administration of the CourdwLw Expansion Project.
Librrry/Ci44M Age=W
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2.11 Library's Architect: A firm or team of prO iisional architcets and cagillLcm it1at ha
agreement with the Library fur the design of the Library Project.
2.12 LhM inn Amy:111c Consultant Scrvicc s Authorization issued to the County's
'Irchitoct authorizing the scope of work associated with the design of shared use parking
"'IMF, surface parking facilities, and all attcnclant irnpro%'cmcnts whii;h. is the financial
r°sponsibility of the Library for the Courthouse . Phase I Project
2.13 UbM Em The real property owned by the City and 10med to the Librarypursuant to
separate agreement, as well as the Alley Property uo be conve}.ed to the Library pursuant to
Section 13.04.
2.14 ' ' ' : All improvements made to the Courthouse Property for joint use by the
Library and County as part of the phase[ project:
2.15 p ,. tei Plan:' conceptual program describing the improvements to be used as the
basil for die'design of the-Courthouse - Phase [ project
2.16 An advisory board of the City of Delray Beach with a formal name of Site Plan
Review and Appearance Board
Section 3: Master Plan for Parking Garage and Su* duce Parking
3.01 The County's Architect has prepared a master plan fog a parking garage and surface parking
on:the Courthouse Property, a copy of which is attached to this Agreement as Exhibit 2. The
purpose of the Parking. Master Plan is to identify the approximate. number gfs c
will be a oastcr�ct pa es rich
gertenal confiuratron of ehgh packing
parlttng. tl� h ... c' of °tlie ..
s aetbaclES from Oi way,'nuinbet of disabled parking spaces, and location of
elevators and stairwells.
3.02 The City Staffrepmmts that it has reviewed the Parking Master Plan presented as Exhibit
2, th}___is A e�Crxent a .that: Siff has. thorou
review and lieatiorr 9WY .reViWed the. Plamras .PWraf X �P�B...
Pte. supper the orientation and size Of the garage, set backs,
height, entrance/exit locations and number ofspaces and is recommending that the waivers
required by the City's land development' regulations be granted. A copy of such
recornme"dation is attached as Exhibit 3. The City acknowledges that Stars
re*Mnerxlation and -support of the waivers is a material consideration for the County and
Library in entering into this Agreement and that it relied on such recommendation in
determining the feasibility and cost of the Parking Facilities. The County and the Library
understand that they must individually pursue approval by the City for their respective
developments,
Library/City /CRA A$mment
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3.03 The Library agrees to reimburse the County up to S 10,000 for. the costs associated with the
preparation of the Parting NlasterPlan. an effort which was undertaken prior to the execution
of this Agreement.
3.04 The Library agrees to design and construct the library in a manner consistent with the site
plan attached as Exhibit 2 and assumptions per Exhibit 5 to this Agreement. To the extent
that the Library desires to modify its site plan from that attached, all changes must be
approved in writing by the County. The County may trot unreasonably withhold approval but
reserves it right to reject any change which negatively impacts the Courthouse, Parking
Facilities or comfort or aesthetics of courthouse employees and patrons when entering or
exiting the Courthouse or Parking Facilities.
Section 4: Design of Parking Garage and Surface Parking
4.01 The County's Architect shall provide the County a!frxcd fee cost associated with the design
and construction administration. of Courthouse Project - Phase I. The County's and the.
Library's Project Representative shall jointly negotiate the fee with the County's Architect
resulting in the County preparing a consultant services authorization which shall be known
as the Library Design Amendment. The Library shall provide the County with a letter stating
that it accepts the terms and conditions of the Library Design Amendment prior to the siinc
being executed by flu Board of County Commissioners for incorporation into the contract
with the County's Architect.
4,02 The Library shall commit its approval of the Library Design Amendment to writing, at which
time, the full fee of 594,000 shall be the responsibility of the Library. The Library shall
reimburse the County upon completion of tie work and receipt of an invoice for same. In the
event that tie City agrees to contribute funding toward the Library Design Amendment, the
Library shall still be obligated to pay thu County the Cull fee and the Library and City shall
work out the terms and amount of the contribution toward the Library Design Amendment
between themselves.
4.03 In the event first the Library requests a change which results in an increase in the amount of
tie Li _ .. C- a- _ .. _ . _ - t: _.. -- - -- _ -.... _..__ ...... .
bcary !]wigs Asriendmeee, t�ta County Project Representative shall request the
County's Architect prepare an estimate of the design fees associated with the request as well
as an estimate of. the construction costs associated wi'ti the request. Based on this
information, the Library will decide if it desires to proceed and "I provide the County with
a letter stating that it accepts the fees. The County will then amend the Library Design
Amendment accordingly.
4.04 The ]Library and the County agree that the Parking t&ster Plan will be used as the basis for
design of the Parking Facilities and that both the County and the Library will consider the
design to be consistent with the Master Plan provided that dw Library has 170 spaces
allocated for its use, the design includes; 1) thy; number of elevators and stairwells in the
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same general location as shown on the Mlastcr Plan, and 2) the same number and
configwntion of access points as are shown on the Master Plan. In the event that
modifications, changes ord6- viations are required to the items listed above, the County shall
seek and secure the written approval of the Librcry. Approval ofsuch modifications, changes
or deviations shall not be unreasonably withheld and shall be made in a time frame which
does not cause a delay in the County's Architect's prosecution of the Design Amendments
Or Design Contract. The County's Architect• shall male: every effort i to provde as much
notice as possible to the Library of tha nature of the modification, change and/or deviation
where possible. The requirements to secure the Lib
included in the Li enc.'s approval as well as the notice
provisions of this Section will be
. henry Design Amendment
4.05 As required by the Design Contract, the County's Architect will provide sep=L- periodic
statements of probable costs associated with the work defined by the Library Design
Amendment, as of that date. In the event that tlue statement of probable costs for the
COMMON - Phase I exceeds the funds available in the Courthouse . Phase 1 Project
Budget, 1) the County and the Library will agree to reduce the scope of work; or 2) the
Library will agree to increase the budget, In the event that the Courthouse- Phase I budget
is to be Increased, a written statement from the Library directing the Coup to
the scope as currently tar County Proceed with
Y ed, providing an affirmative acknowledgment of the addid,o
costs and directing the County to proceed, will be required nal
4.06 The County will include in the design, under slab conduit for four pay stations on the ground
level and two pay stations on the second and third level of the in
The cost of the pay stations. installation and/or service to the �' g garage for future use
the party who desires that the pay station be installed Pay stations wi! I be home by
, by soma other separate agreement that
may be agreed upon at a later date for that specific purpose. In the event that pay stations are
desired;. the initiating patty will request approval from thcCounty demonstrating that the
installation and use ofsame will not interfere or modify the use ofthe parking by Courthouse
customers, which approval by the County shall not be unreasonably withheld.
Section 5: Coustruictlott of Parking Garage and Surface Parking
.61 The County shall Procure construction services in
procurement requirements. The form of the contract t �� lump sole State and local
mutually agreed upon by the County and the Lib ac 1 except where
County prefers tut to contract for any work on a unit acknowledges that the
5.02 Upon receipt of the bids, the County shail make a recommendation for award of a
construction contract to the lowest, responsive, responsible bidder. Concurrent with the
Ens a 556 intent to ate' the County shall provide Library with the costs of construction,
P gene., Less a reduction for the County contribution to the construction costs
pursuant to Section 6, and less 5534,000. The Library shall then forward to the County, fund's
in an amount equal to the amount identified in the notice provided by the County and as
Libtary/City/CRA ASreemeat
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I
n I f
described above. The library funds received by the County shall be placed in an interest
bearing account with the intcn.-st accruing to the contingency.
5.03 Upon execution of the Construction Contract by the County, the County shall provide notice
to the Library and the City.
5.04 During the course of construction, changes to the Construction Contract may be mquired,
The cost of all construction changes, but for those which are initiated by the County; for the
sole benefit of the Courthouse operation, will be 100% eligible for reimbursement from the
5% contingency funds transferred to the County to create the Courthouse - Phase I Project
Budget. The County will be responsible for the total cost of any changes made for the sole
benefit of the courthouse operations.
5.041 All funds required for changes will be from the Courthouse- Phase I Project Budget
Contingency Line.
5.042 The County reserves the right to not pursue changes initiated by the Library for the
sole benefit of the Library if such change, in the County's sole opinion, causes an
unacceptable delay to the Courthouse Phase I Project Schedule, causes a safety
concern or is contrary to any existing regulatory approvals held by the County. --
.
5.05 The County and the County's Architect shall be responsible for ensuring that the Courthouse
- Phase I Project is constructed according to the design documents.
5.06 The County shall be responsible for following all State and local laws, ordinances and
. requirements for the procurement and administration of public works projects.
5.07 All contractors of the Library shall furnish, for the benefit of the County, City, CRA and
Library, payment and performance bond equal to the cost of the improvements and in the
form required under Section 255.05, Florida Statutes, The County shall also require
contractors to furnish satisfactory evidence of statutory worker's compensation insurance,
Wm he
pre 'V e- general -liabilityirrsurara:e compWensi`ve auforiio6ile irisuiance andpliysicai
damage insurance on a Builder's Risk form with the interest of the County, City, CRA and
the Library endorsed thereon.
5.08 In order to provide adequate staging am for the construction of the parking Facilities, the
Library agrees that it will not commence construction on the Libtary Property until aver final
completion of the Parking Facilities. After final completion of the Parking Facilities, the
Countyagrees to allow the Library to use a portion of the Parking Facilities as a staging area
for construction upon the Library Property. The portion of the Parking Facilities to be used
as staging ibr construction on the Library Property and the conditions of use are identified
in Exhibit 5 to this Agreement: The ability to use a portion of the Parking Facilities for
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staging shall expire upon any party exercising its options pursuant to•SWion I1 of this
Agreement.
Sec bon 6: Courthouse. Phase 1 Project Funding
6.01 The material consideration for the County entering into.this Agreement was that the Library
agreed to pay all costs associated with the Parking Facilities beyond those which the County
would have; expended to develop surl'I3rce parking for the coetrthouse operations only. As
such, the County agrees to pay $1,7,50 pet parking space toward each space constructed in
excess of 170. The remainder of the costs associated with the Courthouse • Phase I
Construction will be borne by the Library, less die $334,000 to be paid by the CRA, less
$200,000 to be paid by the City for this specific purpose, pursuant to Section 9.13.
6.02 The Library recognizes that tli e, estimate for the Courthouse Phase I Construction is in excess
of $4,000,000 and has demonstrated that it has, as of the date of this Agreement, sufficient
funds for the total amount of the estimate, less the County's contribution pursuant to this
Section, in place to fund its portion of the Courthouse - Phase I Construction.
6.03 Within 30 days of the Library's receipt of the notice of intent to award mentioned in Sdcteon
5.02, the Libraryshall provide the County with.the total amount of the funds idcnpfied in the
notice and authorize the County to proceed with construction. The sum o f the funds received
from the Library and the City pursuant to this Section as well as the County's contribution
to the construction costs will become the Courthouse - Phase I Project Budget. If the Library
does not have the total amount of funds required, the Library must decide whether to either,
1) reduce the scope of the project (deleted items must be approved by the County, which
approval will not be unreasonably withheld). or 2) terminate the Agreement pursuant to
Section 17.01.
6.04 The County shall reimburse the LibraM any funds transferred to the County pursuant to
Section 6.03 which remain after Final Acceptance and Final Payment of the Courthouse -
Phase I Project and after the resolution of all claims by the Contractor, County Architect or
third patties.
6.05 Each month after the commencement of construction continuing through the Final
Acceptance as described in Section 6.04, the County shall provide the Library with copies
Of the contractor's pay application and a contract summaryshowing the amount paid, and any
change orders authorized, and the status of the 5% contingency. The County shall provide
the Libratywith a notice if the County believes that the Project will require fonds beyond that
in the contingencies.
6.06 After construction commences and in the event that the County requests a c
Parking Facilities, the c barge in the
total cost of the change. The cost of changes solely necessary as County bear the
unforeseen
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conditions, utility relocation, imposition of conditions of approval by the City, design errors
or omissions, or any otherchange but for those specirlmlly described in the first sentence of
this subsection shall be borne by the Courthouse- Phase I Proievi Budget.
Section 7: Ownership of Parking Facilities
7.01 All real and personal pmperty shall be assets of the County, despite the Library's financial
contribution to their design, construction, and/or purchase. Notwidtstatnding the foregoing,
the Library, City and Agency, its successes and assigned, shall be allowed to uso. saute
pursuant to the terms set forth in this Agreement.
Section 8: Adaministrativa Requirements of this Agreement
8.01 Duringthe design and construction phases of this Agreement described in Section 3 through
5, the Library shall be viewed asst County Department without creating liability and shall be
included in design reviews as are County Departments. In addition to those approvals
specifically required by this Agreement, from time to time, the Library will be afforded the
same reviews and approvals as other County department.
8.02 Within 15 days of the execution of this Agreement, the Library, City atnd County shall
provide each other with the names, phone and fax numbers as well as e-mail addresses of
each party's Project Representative.
8.03 Within IS days of the execution of this Agreement, the Library is to provide the County with
a list ofpersons/lwsidons which are authorized to approve increases and/or decreases to the
amount to be paid to the County pursuant to this Agreement.
8.04 Invoices to the Library and the City "I be in a form mutually agreed upon by the County,
the City and the Library prior to submittal of the first invoice.
8.05 Upon receipt of any invoice, the Library and the City will immediately review same and
report anY discrepancies to the Countywithin 10 days of *e1p. Payment will be doe to tM
courtly within 30 days of recxipt of the invoice, Payments shall be sent to:
Facilities Development & Operations
Fiscal Manager
3323 Beivedere Rd., Building 503
West Palm Beach, Fl. 33406
Attn: South County Courthouse Parking Agreement #
Libmry/CityXRA Agreemea
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1 �
Section 9: Clty Responsibilities and Obligations
9.01 The Cityagrees to initiate and t:omplctc the procxssing ofal l necessary changes to the City's
Comprehensive Land Use Plan to make the proposed project comistent and in conformity
with the City's code of laws and ordinances. The County shall be required to submit the
proposed project fordevclopment review pursuant to the City's normal mview process. The
City agrees to expedite the review of such approval.
9.02 The City has previously determined that the County can expand the South County
Courthouse facility by an additional 75,000 square feet and re- affirms its agreement that any
site plan approvals, building permitapplications orotherdevelopmentapprovals required for
the expansion of the Courthouse and parking steal l be reviewed based upon the Delay Beach
Land Development Regulations and Code of Ordinances'in force as of January 14,1997 to
allow the County to develop its property pursuant to the 1997 regulations, if they are
determined to be more favorable than those in effect at the time that the County actually
submits for the necessary land development approvals.
9.03 The City agrees to design, permit, construct and. maintain storm water facilities =to
accommodate, off -site, any storm water of the Library Property and the Parking Faciliiies
beyond that which the County's underground exfiltmtion system can accommodate, at no
cost W the County nor the Library. The County's intent is to accommodate on -site storm
water requirements to meet pretreatment water quality standards of rheCityand the SFWMD
through an UrAegPund Wiltration system.
9.04 The Cityrepresents acid confirms that water, sewerand storm drainage facilities are available
at the street, contigum: to file properties, .and there is adequate capacity to service 150,000
square feet of the courthouse andfor other governmental facilities at no cost to the County.
When udlities are available and present to the site, County agrees to pay all standard
connection charges and user charges pursuant to current City policy. The City agrees to
complete, at its sale cost, all utility relocation, upgrades or modifications necessary to
support the I50,000 sfofcourthouse and/or governmental facillti l ta.comrrreacement
o Meet- coastrrioh or no dater than M--ay--I-
ay I5, 2003. The parties agree that such utilities
shall be located within the SW 2nd Ave right of way, except where may bs approved by the
County. The County shall provide the information pertaining to its requirements no later
than December 1, 2002.
9.05 The City represents and confirms that there currently exists, or provisions have been made
At no cost to the County for all required stacking and deceleration [area and other roadway
modifications to accommodate traffic associated with the development of the County
proPenY
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9.06 The City acknowledges that a&-quatc site lighting is necessary to enhance the safety and
security ofthe individuals utilizing thesitc. The Cityagrees to permit site lighting, provided
that such lighting shall comply with City codes and land development regulations.
9.07 The City agrees to initiate and process the abandonment requested by the County for the
Alley Property, the north south alley way, and any other alleyways not currently but which
may exist m ithin the Courthouse Property. Said alleyways shall be conveyed to the Countj,
no later than April V, 2003, or in the case of the unknown alleyways, within 120 days of the
County's discovery of same and request to City. Such abandonment shall exclude such
underground utility easements as the City shall require for existing underground utilities,
provided however, that in the event that tlu; City receives notice from the County that the
County intends to construct a structures) on such abandoned rights of way where
underground utilities exist, the City shall at its sole costs and expense, remove, relocate or
abandonsaid underground utilities. The City shal l provide the County with a marketable title
insurance policy in an amount equal to the fair market value of the property subject to the
abandonment at the time the abandonment is completed The City shall bear the full cost of
the processing ail such abandonments.
9.08 K in the sole discretion of the Chief Judge of the Fifteenth Judicial Circuit, there is-an
apprehension of inadequate site security at the site, then upon written request of the Chiitf
Judge, the City agrees to assign one full time police officer to the security of the site and
immediate surrounding areas, full time, extending from one hourbefore and continuing until
one hour aster the normal business hours of the Courthouse, at no cost to the County. This
security shall continue to be provided by the City until such time that the Chief Judge is
satisfied from statistics or other documentation that the site is adequately secure without the
• specific assignment of such a patrol otiicer by. the City. On June 3, 1999, the Chief Judge
agreed to modified site security requirements for the City in lieu of a full time police officer,
shibject to contermoas review and approval of the Chief Judge. The County agrees -to provide
a full time contract security position to the Courthouse site upon the occupancy of the
Courthouse-expansion.
9.09 The City agrees to grant the County, at no cost to the County.. _ a temporary pwking_easement-
for wntractorpersatttel vehcles diuiiig Coutihoi;s� . Phase I construction. The location oA
the easement shall be determined prior to the commencement of Phase L however the City
is aware that the preferred location is within two blocks of the site in order to minimize the
likelihood ofcontractom parting in adjacent residential and unauthorised areas. -
9.10 The City agrees to grant the County, at no cost to the County, a temporary parking easement
for Contractor personal vehicles during Courthouse - Phase III construction. The location of
the easement shall be determined prior to the commencement of Phase U4,however, the City
is aware that the preferred location is within two blocks of tare site in order to minimize the
likelihood of contractors parkin3 in adjacent residential and unauthorized areas.
Library/City M Agreement
Last Update FINAL 21022/02 1943
Page 10 of 21
9.1 l The Cityagrees to grant the Library, at tto cost to the Library, a temporary parking a ournent
For contactor personal vehicles during the construction of the Library. The location of the
casement shall be determined prior to the commencement of construction of the Library,
however, the City is aware that the preferred location is within nvo blocks of the Librtry site
in order to minimize the likelihood of contractors parking in adjacent residential and
unauthorized areas.
9.12 The County understands that the City is the owner of the Library Property and intends to
lase with option to buy same to the Library pursuant to the terms of ground lease agreement.
The City agrees to ensure that the terms of its ground lease are consistent and in no way
conflict with the terms, permitted uses or rights granted to the Library pursuant to this
Agreement In the event that there is a disagreement between the terms of this Agreement
and the ground lease agreement, the terms of this Agreement shall prevail.
9.13 1n order to construct the Panting Facilities in such a manner that a future expansion is
possible without significant impact to the Courthouse and Library's operations, the City
agrees to pay 3200,000 NO the CPA 5334,000, toward the cost of construction of the
Panting Facilities. The City and C ttA shall provide such funds to the County within 30 days
of receipt of invoice from the County. Such invoice will be sent to the City and CPA othly
attar the County having received a construction cost from the contractor of the Parking
Facilities. neither the County nor the Library shall have any obligation to re -pay the City or
the CRA for time funds in the event that an expansion to the Parking Facilities does not
occur. All obligations andfor rights with respect to the parties and expansion Hof the Parking
Facilities are set forth Section 1 I of this Agreement
Section•10: Oporadon and Maintenance of the Purling Garage and Surface Panda;
10.01 The Parking Master plan a3sumes nonexclusive use of all parking spaces by the County,
Library and its employees and visitors, both the County and the Library agree hereby with
that assumption. The County agrees that it will employ reasonable operational measures to
direct its employees to use the garage spaces, starting at the top and working down. The
Library aVees that it will employ reasonable operational measures to diroat its employees
-to -panic in-the-soutitenu mast surFace-pariring spas:
11102 The Countyshall be physicallyresponsible for the operation and maintenance of the Parking
Facilities and the Library shall annually pay the County 31% of all on- -site operation and
maintenance costs including capital renewal and replacement costs, utilities, and security
costs.
10.021 ByApril 0 annually, the County shall submit an operations and maintenance budget
to the Library for the next fiscal year;
Libray/City/CRA Agree =t
Last Updw FINAL 21 3/021943 Page 11 of 21
' s
[ e
10.022 On November l" annually, theCountyshall invoice the Library for theentin: amount
due to the County for that ftsi:al year, commc ncing upon the occupancy of the Library
or October 1, 2004, whichever occurs first.
10.023 in the event that the allocation of parking spaces to each party to this Agreement
changes as a result of Section 11 of this Agreement, the pro rata share of the
operating and maintenance costs described in this subsection will be reallocated
among the parties accordingly.
10.03 The County and the Library shall meet periodically to discuss issues regarding the use,
.operations and tpaintenance of the Parking Facilities. The County and the Libratyboth agree;
that no fee will be assessed to users of the Parking Facilities. In the event that either the
Library or the County believes that there is a reason to consider the assessment of fees, this
issue shall be brought up through the periodic meeting process described in this Section.
Section 11: Options to Expand Parking Garage
1 1.01 In the event drat the City chooses to expand the structured parking on the Courthouse
Property, the City shall provide notice to the County as well as all other parties to this
Agreement at least one year in advance of the desired construction conrimencement dole.
Such notice shall not be delivered prior'to the completion of the Courthouse Expansion
Project and the construction of the library. Within 90 days ofreceipt of the notice, the County
shall review the request and initiate an amendment to this Agreement which includes the
temps and conditions underwhich the expansion to the structured parking can proceed, which
will at a minimum include, l) the City agreeing to be responsible forall costs associated with
the expansion, 2) the temporary parking accommodations to provide similar panting facilities
for tie: library and courthouse operations, and 3) idend fees the number of expansion spaces
that the County chooses to fund for its use. If the County chooses to fund expansion spaces
as part of a City initiated expansion, it shall reimburse the City an amount equal to the
percentage of County expansionrspaces multiplied by 5334,000, as well as funding the cost
of the County expansion spaces. The City acknowledges that the County and the Library
provide parking at no charge to its respective patrons and employees, and the expansion of
. thx-Paridng Fmilidwad subsequent use-by-others- must-provide for-contitiue& use of the -
Parking Facilities by the Courthouse and Library patrons and employees at no charge.
Approval by the County, Agency and Library shall not be unreasonably withheld
11.02 The County reserves the right to expand the parking structure at its cost any time after the
completion of the Courthouse Expansion Project and the construction of the library. If the
County intends to expand the parking, it shall provide one year notice to the City and the
Library and each shall be given 90 days to reply with whether it chooses to participate. in the
expansion. in the event of a County initiated expansion which the Library and/or City do not
choose to participate in the expansion, the County stall be solely responsible for the costs
LibmrACity M Veaww
Lase update FINAL 2 IOM M2 1943
Page 12 of 21
of the Parking expansion and shall be responsible for pruvidirrg tcnipurary parking
accommodations to provide similar parking facilities for the Library operations.
Section 12: Use of Paring Lots and Caraga by City
1 2.01 The parking lot and garage constructed by the County, Library. and City may be available for
use after normal business hours by the County, City, Lib
ththe Real Property Temporary Use A rat]' and,'or the Agency pursuant to
Lib Agreement to be entered into between the County and the
City, Library or Agency administratively on the form attached as Exhibit 4. The requesting
party shall submit a letter requesting use of the Parking Facilities to the County, no less than
30 days in advance of the date of event for which the request is being sought. The letter
request shall include the dates and time of the proposed event, the time and
use, whether any fees (for those potential parkers other than Lib P of the
visitors and employees) are t nu'Y patrons and Courthouse a
proposed for the use of he Parking Facilities, the amount of the
proposed fee (it applicable), the :mme of the party who will benefit from the revenue
collected, contact person information, as well as evidence of the required insurance Based
on the request, the County will prcpan; a ' Temporary Use A
Libnuy and execution � Agreement �' review by the
6y requesting party. Fees for temporary use of the .Parking
Facilities will only be approved if they are for the benefit of the County, the City, or the
Library. The Countyand Library agree to not unreasonably withhold its consent for the City
and/or the Agency's utilization of said parking.
Section 13: Real Property Considerations
13.01 The County and the City agree that in the event that the County evQT elects to dispose of its
-interest in any of the County's real Property, the 'Agency,
dissolved, shall have the right of last refusal to acquire such pro City if the Agency is
Prior to taking any action t+o dispose of the Property, P paw front the County.
the County shall offer the property to
the Agency "as is" at a purchase price equal to the fair market value of du improvements to
the land made by the County (excluding land value). The County hall
written notice of its intent to dispose y provide the Agency
the said improvement ose of such real Property together with an appraisal as to
provement to the lands and the Agency shall have the first right of refusal as
herein provided byproviding the County written notice such election within 4S calendardays
of the receipt ofsuch notice from the County. Failure of the County to rece(ve, written notice
within this time period, shall result in termination of the Agency's right of first refusal.
In the event that the Agency elects not to purchase the Propertyor fails to respond within the
time period indicated above, the right-Of first refusal shall be provided to the City under the
same berms as described above. In the event that the City chooses not to purchase the
Property, the right of first refusal shall be provided to the Library under the same terms as
described above.
LibakYOWRA Agreem"t
Last Updak FINAL 2 (0/22/021943
Page 13 of 21
Any sale or transfer of tic County's interest in Courthouse: Propert y an ttx: cast side of S W
2"d Avenue will be subject to the rights. use and tarns of this Agrcerrtcnt.-
13.02 The use of the Library Property sliall be restricted to library and customary ancillary uses, as
well as City or other legal uses which; 1) do not increase or modify the traffic and internal
circulation patterns within the garalp or on rights of way adjacent to the Courthouse
Property, and 2) do not jeopardize the County's tax - exempt bond restrictions. In the event
that the library is never constructed or that the lease betwee19n the City and the Library is
terminated (except for termination of the lease in the event that the Library purchases the
Library Property from the City), the City may request that the Library Property be used for
City operations or leased to a non -City entity, providing that the proposed operation does not
have additional impacts on parking and internal circulation beyond that which was assumed
for use by the Library, and such proposed use does not jeopardize the Co '
bond restrictions. Such approval shall not be unreasonably withheld.► s tax- exempt
13.03 If the Library chooses not to construct upon the Lbrary property after the construction of the
Parking Facilities, the County shall not be obligated to re -pay the Library for any monies
Provided to tie County pursuant to this Agreement. The County's only obligation is make
the parking spaces available to the City, its successors and assigned, under the sarn,� terms
as defined in this Agreement.
13.04 The City shall take the necessary steps to abandon the east west alleyway between the L ibrary
Property and the Parking Facilities, pursuant to the terms of Section 9.07. Concurrent with
the abandonment, the City shall convey the northern most half ofthe alleyway to the County.
Upon reeeipt of the northernmost half of the alley, the County
dad, the entire alley ("Alle Pro a ty 8� to convey. by County
Y p rV) to the City for incorporation into the Library Parcel
subject to a reverter in favor ofdw County. The Ailey property shall revert to the County in
the event that the property is used for purposes other than those all by this Agreement.
Section 14: Indemnification
14.01 To the extent permitted by law, the parties to this Agreement shall indernnify.. defend and
hold -the otherpartyand -thrirresptW*otiicers and ertmployeesharmless
claims or damages arising from that party's performance of this A against a fore ko foregoing
indemnification shall not constitute a waiver of sovereign immunity foregoing
forth in Section .768.28, Florida Statutes, nor shall the same be construed to constitute an
agreement by either party to indemnify the otter party for its
intentional acts. own negligence, willful or
Section IS: Notices
15:0I Any notice given pursuant to tha terms of this Agreement shall be in writing and done by
Certified Mail Retum Receipt Requested. The et%ctive date of such notice shall be the date
Library/CiWCRA Agreement
Last Update FINAL 2 10/22102 1543
Page 14 of 22
!i
of receipt, as evidenced by dx: Return Receipt. All notices shall be addressed to the
following.
As to dtc County:
1;
1
Director, Facilities Development & Operations
3323 Belvcder: Rd Bldg 503
West Palm Beach, Fl. 33406
County Administrator
301 N. Olive Ave, Suite 1101
West Palm Beach, Fl. 33401
County Attorney
301 N. Olive Ave, Suite 601 i
West Palm Beach, Fl. 33401
I
As to the City.
City of Delray Beach
Office of City Manager
100 NW First Avenue
Delray Beach, Fl. 33444
As to the Library: 1
- 1
Library Director
Delray Beach Public library
29 SE First Ave
Delray Beach, F1.33483
a
As to the.Ageacy:
Office of the Exmdve Director
Delray Beach Community Redevelopment Agency
104 Atlantic Ave
Delray Beach, Fl. 33444
Robert Federspiel, Esq.
151 NW First Avenue
Delray Beach, Fl. 33444
Libemy/CIty M ApewrM
Last Update FINAL 2 t WvA2 1.943
Page 15 of 21
Section 16: Term orAgreement
16.01 The initial term of this Agreement is 30 years and shall commence immediately upon
execution of this Agreement. The Agreement ay be rcne�ved for two additional )0 year
terms thereafter. At'cast two years prior to the. expiration of the initial term, the Ltbraty and
City shall advise the County of its request to renew dtc Agrcrneru. Such Renewal Amendment will require approval oFail parties and none of the parties may unreasonably
withhold its approval of the Renewal Amendment: in the event that the City chooses not to
Participate in the renewal of this Agreement, the Library and the County may negotiate a
mutually acceptable renewal agreement, but which -will require the City to remain obligated
for any outstanding or on -going obligations from the initial term,
Section 17: 1rer ainatiott
17.01 In the event of a termination by the Library pursuant to Section 4.01 or 5.02, the City shall
have 60 days to Step into the role of the Library for the purposes of this Agreement in which
case all rights and privileges of the Library with respect to the desi and
of the Parking Facilities will then be the City's. in the event that the Citych looses not s to
assume the responsibilities of the Library, the County shall be-able to proceed with the daigrt
and construction ofasurface parking facility for the Courthouse facilities onlya th shat! have
no further obligation to provide panting on its property, in any manner whatsoever for the`
future development of the Library property by the City.
17 -02 in the event of a termination of the Library's participation in this A
Section 4.01 and regardless of whether the City assumes the obli grer�ment pursuant. to
-pnrsuantto Section 17.01; all requirements, obli lions ri tsand boas of the Library
City, and.Agency continue. privileges ofthe County,
17.03 Upon execution of the construction contract for Courthouse - Phase % none of the parties
shall have the ability to trrmirtate this Agreement.
Section 18: Amendments to this Agreement
18.01 This Agreement may be amended from time to time by written amendmeat by all parties.
Section 19: Applicable Law
19.01 This Agreement shall be governed by the laws of the State of Florida.
Section 20: Filing
20.01 A copy of this Agreement "be Sled by the County with tho Clerk ofthe Circuit Courtin
and for Palm Beach County.
L&rary/CiWX* A AyftwAw
Laut Update FINAL 210/2M 1943
Page 16 of 21
i • e } r� .
Swion 21: Entire Agreement
21.01 This Agreement and any attat:hments attached hereto and for minas* a part thereof as if fully
set forth hcm'n, constitute all agreements; conditions and undle2tandinip between the
County. City, Agencyand Library. Al! representatio
to be merged into this Agreement, except as herein other< soProvided. no su deemed
alteration, %•liver, change or addition to this Agreement shall be binding upon the county
City unless reduced to writing and signed by them.
Section 22: Delegation of Duty
22.0! Nothing contained herein shall be deemed to authorize the delegation of the Constitutional
or Statutory duties of County or City officers.
Section 23: Annual Budget Appropriations
231.01 7betounty's and City's obligations to pay. pursuant to this
� .ann�..apptibn foi.this Agreement are contingent upon
N�y Beach Cicjr Commission, i� � � �B Board of or Coun�erccsn� � � the
under this Section of the Agreement after the construction of the parking Faciliti
Library retains the rights to use the parking Fxilities.
Section 24: Timels of the Essence
24.01 Time is of the essence with respect to the
- Agreement where a time is specified for perform a of each and evr:�ry provision of this
Section.21, Assignment
23.01 None of the parties to this A&MMent shall assign this A
wiftut the prior written consent of the other parties. Agreement any interest herein
Seaton 26• .D_efanit_.
26.01 In the event any party, fails or refuses m perform an
A4 the carne shat! constitute a default Y MM covenant or condition of this
shall, in addition � any other remedies �' � fit~ non - defaulting ices
provided at law or in equity, have the right ofspeoif c
performance thereof. -
Section 27: fow idlty of Claeuses
27.01 The invalidity of any portion, section, paragraph, provision, clause or any portion of this
Agreement shall have no effect upon the validity of any other part or portion hereof
Library /0g9M A
Last Update FINAL 21o/Z_ z 1943
Page 17 of 21
1 '
Section 23: Effective Date of Agreement
23.01 This Agreement is expresslycontingent upon the approval ofthe palm Beach County Board
of County Commissioners and shall become ei'�ective only when sinned by all parties and
approved by the Palm Beach County'Bvard of County Commissioners.
Section 29: Termination of previous Agreement:,_,
29.01 Upon approval ofthis Agrmment by the Board of County CommissioncM Agreement 886-
1201; as amended ktcrminated. .
Section 30: Non Publk Foram
30.01 The Courthouse Property(which includes the Parking Facilities) are designatedas non -public
fonm and as such, exPressive acti vi ties such as, but not limited to
soliciting, leafleting, campaigning, exhibitions, dis 1a pr°tappr petitioning,
County pant to its adopted policies. The Library p ya are subJect to approval by the
County' spolicyforexpressive activities which ma that it will comply with the
Y considered fior the parking Facilities.
IN WITNESS WHEREOF, the parties have caused this A
1p
and year first writt n. eement to be executai'on the dad
ATTEST: PALM BEACH 2 O Q 1980'
DOROTHY H
Y BOARD OF COUNTY COM11�1ISSsI NERS
By.
ORt01► •���0 Warren Newell, Chairman
• New 1 3
4P OVER AS APPROVED AS TO TERMS
GAL S ICIENC AND CONDIT10we._
aunty Attorney By.
Dir. aciJities Dev & Ops
Library1C1gW A AgMM=t
Last Update FINAL 2 10r=2 1943
Page 18 of 21
ATTEST:
Y ll#� � a! L - ?�j
City Clart
APPRO AS TO FORM€
A . SUFFICIENCY
BY� /
Attorney
Lrbrary/CityACRA Agreement
Last Update FINAL 2 W22102 1943
CITY OF DELRAY BEACH
By. r Y--
Mayor
By: n".d IT. Setufdt
Printed Name: of Mayor
82002 1980.
#ov Ipag
Page 19 of 21
ATTEST:
By: Jog I! ,t
Witness
B'_
witnefs
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Agency Atto ey
Lfts:y1CftyJCRA Agmmo
Last update FINAL 2 IOVM/021943
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
B y I hill
Printed Name ofChainnan
82002 1980
Nov I =
Page M of 21
i
ATTEST:
B3r.
ir
By
witness
Ulrv)MWJM A_Vem=
L;* Upble FINAL IM02 1943
0
DELRAY BEACH PUBLIC LIBRARY
Printed Name of •
42002 1980
ploy 12 so
PaM 21 of 21
Ji
ii
Is