02-21-89 Workshop
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - CITY COMMISSION
February 21, 1989
7:00 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Aero Dri Update Litigation Report (Attorney).
2. La Mat Avenue/Enclave 50 Discussion (Mayor) .
3. Water Treatment Master Plan Update (Staff) .
4. Legislative Workshop: General Legislation (Staff).
5. Auburn Trace Progress Report (Staff).
6. Computation of open space and zero lot line in PRO developments
(Mayor) .
7. Changes to "purpose" statement and allowable uses in the LC
Zone District (Horenburger).
8. Proposal to have demonstration on biodegradable plastic (Mayor) .
9. Archway Signage Boca-Ray Plaza (Developers Representative).
10. Grants Administration Consulting Services (Staff) .
11. Landscape consideration with site plan approval by Historic
Preservation Board in Historic Preservation Districts (Mayor) .
12. "Boom Boxes. noise ordinance modifications (Weatherspoon).
** Location of Fire Station Number 1 (Staff).
** Postponed to March 7th.
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CITY DF DELRAY BEA[H::.' f~:fl~r"~:I.l..:,..
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CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DEI.RA Y HEA(:H. FlORIDA 33483
407/243.7090 .. rr:LECOrJE~ 407/J7ij4755
MEMORANDUM
Date: February 15, 1989
To: City Commission
From: Herbert W. A. Thiele, City Attorney
Subject: Status Report on City of Delray Beach, et al vs. Aero-Dri
Division of Davey Compressor Company, et al
The City Attorney's Office has become aware that a great deal of misinforma-
tion has been transmitted directly to City Officials and employees, or
Indirectly through the media, by various persons, including representatives
of the Defendants in the Aero-Dri litigation.
This misinformation arises out of recent preliminary verbal rulings by the
Circuit Court, the Honorable JUdge Edward Rodgers presiding, concerning
the status of our litigation and our attempts at cost recovery.
In order to provide you with a current status report and to discuss any
questions you may have regarding this case, .and since we have additional
depositions scheduled Wednesday morning in our office, we have requested
that Ridgway Hall of the WaShington firm of Crowell and Moring be present to
attend your workshop meeting of Tuesday, February 21, 1989. In addition,
Mr. Hall and I will be available that afternoon to meet with individual
Commissioners on a one to one basis in order to update you on the status of
this litigation. Since matters relating to litigation strategy should be kept
subject to the attorney cllent privilege of confidentiality, these one on one
briefings will provide you with an opportunity to fully discuss suoh matters
while preserving the confidentiality which is essential to the City's litigation
position.
In general, however, you should note that despite rumors to the contrary,
the City's litigation against the various Defendants still exists in the Circuit
Court and is being pursued vigorously by the City Attorney's Office and our
outside oounsel. In addition to various deposition matters being taken
recently, the City Attorney's Office haa obtained production of voluminous
documents from the Defendants, and we have recently also conducted a site
Inspection. Furthermore, we are continuing to coordinate our efforts with the
Florida Department of Environmental Regulstion (DER) who are also pursuing
a separate enforcement litigation matter against these Defendants.
It is this second lawsuit, by DER, whioh apparently gave rise to 80me con-
fusion recently in the media with regard to the status of the City's olaims.
You will reo all that when the City filed its First Amended Complaint, this
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City Commission
February 14. 1989
Page 2
Complaint contained eight different counts alleging liabillty by the Defendants
and requesting both compensatory (cost recovery) damages, punitive
damages, and costs and attorney's fees as a result ol the litigation. Two of
the counts ol this Complaint were brought on behalf of the State ol Florida
(the pUblic generally) . namely counts under the Florida Resource and
Recovery Act as well as the Florida Public Nuisance Abatement Statute.
These two counts were then duplicated by the Florida DER when it filed Its
Complaint some time alter we had tiled.
As to these two counts, the Defendants filed a Motion lor Summary Judgment,
and argued at the hearing on January 3, 1989, that the City should no longer
be permitted to purse these two counts since the Florida Department of
Environmental Regulation had also filed a lawsuit on behalf of the State of
Florids which alleged these two matters. That is, the Defendants argued that
they should not be subjected to duplicative actions. While the City
Attorney's OffIce conceded that Defendants should not be subjected to two
separate actions making the same allegations, it W811 our position since the
City of. Delray BeaCh had filed Its action first, that the subsequent DER
action should be the one, if any, which was precluded and not our first-filed
action. Furthermore, we objected to their position since the City had, many
months ago, initiated and med a Motion to Transfer our case and consolidate
It with the Florida DER case which is set before another Circuit Court
Division (the Honorable Karen Martin), which the Defendants Opposed and the
Court thus denied.
Despite these arguments, the Court verbally stated at the recent hearing that
it believed that these two counts of the Complaint were in fact duplicated by
several counts in the DER Complaint, and that ours should be the one
dismissed because (1) the State normally enforces against violations, which
overlapped our first count, and (2) the State may be better positioned than
the City to seek relief on' behalf of the citizens of Florida for a pUblic
nuisance (our second count). The. ruling in no way affected the other claims
In the case lor recovery of our response costs. Although, 8$ of the date of
this memorandum, no written Order has been entered by the Court, we
believe that the Court will in some manner eliminate these two counts of our
Complaint, but leave the other six counts Intact.
Lawyers foX' the Defendants have apparently stated publically and privately
that based upon the dismissal of these two counts, the City would absolutely
no longer be entitled to recoveX'y of its costs or attorney's fees. This is not
true. The City's claims for its response costs are fully intact. With respect
to attoX'ney's fees, although it would be clearer that attorney's fees could be
recovered under a statutory basis such as the Florida Resource and Recovery
Act. those clRims for attoX'ney's fees are also still in the case; and it contin-
ues to be the intention of the City Attorney's Office and our outside counsel
to seek recovery of these attorney'S fees. The City has. as a result of the
Defendants' actions, both directly and indirectly, incurred costs which exceed
3.3 million dollars as of the present date (these costs including costs for
interim measures. such as rental of carbon units, purchase of water from
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City Commission
February 14, 1989
Page 3
Boynton Beach and Boca Raton, engineering fees, construction of air
strippers, investigation of site area, attorney's tees. and expert witness
fees) . This has been caused solely by the serious misconduct of the owners
and operators of the Aero-Dri property by illegally dumping solvents onto the
ground over an eight year periOd, and the resulting contamination ot the
City's drinking water wells. We believe that the use of our outside counsel
and the City Attorney's Office to strenuously pursue this matter and seek to
recover as many of these costs as the court will allow is appropriate. The
record to date indicates clear liability on the part of the Defendants. This
being the case, we believe that ultimately the only extensive trial activity
that shall be necessary will be as to the amount of damages.
If you have any questions with regard to this litigation matter, please do not
hesitate to contact our office so that we may either answer your questions
directly at that time or set up an appointment with Mr. Hall and myself.
Thsnk you for your continued support and assistance.
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HT:ci
cc Walter O. Barry, City Manager
Ridgway Hall, Esq., Crowell and Moring
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: j](t>Robert A. Barcinski, Asst. City ~~nager/Community Services
DATE: February 17, 1989
SUBJECT: Enclave 50/Lamat/Fredrick Blvd. Area/Facility Information
Utility Locations
A. Drainage - We cannot without further research to determine the
location of existing drainage for this area. Drainage maps are
non-existant. It appears through field checks that a main storm
drainage line exists along the east side of U.S. 1.
B. Water - A 10" water line exists along Florida Boulevard and an 8"
water line exists along the east side of U.S. 1. Water does not
exist on the side street east of U.S. 1, and only on Avenue I and H
west of U.S. 1.
C. Sewer - A 8" gravity sewer line exists along the east side of
U.S. 1 and along Florida Boulevard, and a 8" force main also exists
on these streets.
Street Conditions
Most of the streets in this area are unpaved with either sand surfaces
or partially rocked. Lamat Avenue both east and west of U.S. 1 and
Avenue G west of U.S. 1 have asphalt surfaces which are in good
condition.
Cost Estimates
Estimated costs for improvements needed in enclave 50 are as follows:
Water and Sewer Improvements $ 456,000
Streets/Drainage/Sidewalks/etc. $ 700,000
Cost estimates for street/drainage and sidewalk improvements east of
U. S. 1 total approximately $500,000.
Water and Sewer Improvement costs east of U.S. 1 are not available, but
can be calculated. Attached are maps showing existing facilities and
street conditions.
If additional information is needed, please let me know.
RAE/sfd
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[ITY iiJF DELRAY BEA[H ~
CITY 1\":"i'ORNEY'S OFFICE JlfJ S,E, 1st STREET, SUITE 4 D1LRAY BEACH, FLOI~IDA 334RJ
1-\1 I 407/243.709fJ Tl:LECOPIFR 407/2784755
t'.ET10RANDUM
D~I+:e: February 9, 1999
To: City Commission
FrDm: Herbert W. A. Thiele, City Attorney
Subject: NOISE CONTROL/"BOOM BOXES"
Enclosed is a d.raft ordinance concerning Noise Control designed
to provide for abatement of loud noises from radios and other
such devices, based on the ability to hear the noise wi thin
fifty (50) feet for sounds originating outdoors and one hundred
(100) feet for sounds originating from inside a building or
structure. The ordiBa~ce also provides for abatement of noise,
based on vibrations/decibels, and violations occurring in noise
sensitive zones.
By copy of this memorandum to the City Manager, our office
requests that consideration of this draft ordinance be placed
on the City Commission Workshop agenda of February 21, 1989.
eft"
H'l':rg
Attachment
ee: City Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 99, "NOISE CONTROL", "GENERAL
PROVISIONS", SECTION 99.04, "LOUD AND UNNECESSARY
NOISES ENUMERATED; EXEMPTIONS", BY REPEALING
SUBSECTION 99.04(A)(1), AND ENACTING A NEW
SUBSECTION 99.04(A)(1),; TO PROVIDE THAT IT SHALL BE
UNLAWFUL TO PLAY, OPERATE OR PERMIT TO BE PLAYED OR
OPERATED ANY RADIO, MUSICAL INSTRUMENT, PHONOGRAPH,
OR OTHER MACHINE OR DEVICE FOR THE PRODUCING OR
REPRODUCING OF SOUND FOR THE PURPOSE OF ENTERTAIN-
MENT IF THE SOUND CAN BE HEARD MORE THAN 50 FEET
AWAY FROM A NOISE SOURCE EMANATING FROM PUBLIC OR
OUTDOOR AREAS AND 100 FEET AWAY FROM A NOISE SOURCE
EMANATING FROM WITHIN A BUILDING OR STRUCTURE OR
PROPERTY BOUNDARY WHICHEVER IS GREATER OR VIOLATES
PROVISIONS FOR NOISE SENSITIVE ZONING OR EXCEEDS
VIBRATION DECIBEL RESTRICTION CONTAINED WITHIN THIS
CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE,
NOW THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
99, "Noise Control" "General Regulations", Section 99.04, "Loud and
Unnecessary Noises Enumerated; Exemptions" , of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended, by repealing Subsection Section 99 . 04 ( a) ( 1) and
enacting a new Subsection 99.04(a)(1) to read as follows:
99.04 LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS
(A) Certain acts declared unlawful. The fOllowing acts, and
the causing thereof, among others, are declared to be unlawful
and in violation of this chapter:
(1) Noise for entertainment purposes. It shall be
unlawful for any person or persons to play, use, operate,
or permit to be played, used or operated, any radio,
musical instrument, phonograph, or other machine or device
for the prOducing or reprOducing of sound if such sound is
for the purpose of entertainment or is used for that
purpose and can be heard from the distances stated in
Subsection (a) or violates the parameters set forth in
Subsection (b).
(a) Violation will occur if the noise source is
located in or upon a public street, highway, build-
ing, sidewalk, park, thoroughfare, or other public
-
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area, or is located in or upon a public access area,
such as a shopping mall, parking lot, etc. or on any
pr i \fa te property, and the sound can be heard more
than fifty (50) feet from its source or, if the noise
source is in a building or other structure and the
sound can be heard more than one hundred (100) feet
away from the building or structure or the boundaries
of the property surrounding such building or
structure whichever is greater.
(b) It shall be prima facie evidence of a violation
of this section if the sound can be heard outside the
limits described in Subsection (a), or creates a
noise disturbance within noise sensitive zones or if
said sound \fiolates any vibration/decibel levels set
forth in this chapter (except for activities open to
the public and for which a permit has been issued by
the City according to the criteria set forth in
Section 99.30).
(c) Where the noise source is located in a building
or other structure, the owner, occupant, resident,
manager, or other person in charge of the. premises
shall, if present, be presumed to have permitted the
noise in the absence of evidence to the contrary.
'd) This section shall not apply to non-commercial
spoken language covered under Division (A) of this
section.
Section 2. That all ordinances which are in conflict
herewith be and the same are hereby repealed.
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 effect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: Mayor and Commission
FROM: City Manager~
SUBJECT: WATER TREATMENT MASTER PLAN UPDATE
DATE: February 17, 1989
Separately you have received a copy of the Post Buckley Master Plan
update for our water treatment plant. The document addresses a number
of very important items including an assessment of future water plant
capacity needs for the City.
Post Buckley has determined that our water plant capacity can be
enhanced and the quality of water improved by altering our treatment
process to a lime softening method. This in conjunction with the
fourth clarifier which we hope to have on line by the end of the year
will increase the City's water treatment capacity to meet anticipated
future demands.
This is a significant report and, while it is somewhat intimidating in
its detail and bulk, the conclusions and recommendations in Section 2
and the projected growth and demand contained in Section 3 can be
easily absorbed. Post Buckley will present this information Tuesday
evening.
WOB:cl
-:fl<>
MEMORANDUM
Mayor and Commission ,".- ~~ - "~.' ... '~4""" .
TO:
"
FROM: City Manager /ftUJf~ & ~ ,~~
SUBJECT: GENERAL LEGISLATION
DATE: February 17, 1989
Several legislative items have been brought before the City Commission
for support including revisions to legislation sponsored by the Florida
Public Library Association and the City support for the Florida League
of Cities and the "State Mandates" Organization to prohibit the
legislature from mandating programs without fiscal support. The latter
suggests we request the Palm Beach County Supervisor of Elections to
allow petition forms to be placed in polling places and voter
registration location.
Also attached is a report on suggested items from Kathy Daley our
Legislative Consultant and a summary of the top ten (first priority)
issues adopted by the Palm Beach County Commission. Several have
specific application to Delray Beach including adoption of an amendment
to the Florida Constitution limiting unfunded mandates on cities and
counties by the Legislature; request for $2.5 million to assist in
construction of a public health unit in Delray Beach; and adoption of
legislation that will authorize counties a local option documentary
stamp tax which would allow the county to assess .50 per $100 of real
estate transaction value to be used for low and moderate income
assisted housing.
Additionally Palm Beach County supports a salary and benefit adjustment
for the Historic Palm Beach Preservaiton Board Manager, John Johns.
Mr. Johns has worked with our Historic Prservation Board, Old School
Square and the Historical Society. He currently earns ~,623. The
State has been asked by the County to psTr that salary to $33,330 in FY
1989-90. '
WOB:cl c~
Enel ~~{Jf
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McCartney Plante Daley
Associates
MEMORA!I/DUM
TO: Delray Beach City Commission DATE: February 17, 1989
THROUGH: Walter O. Barry, City Manager SUBJECT: Legislative Agenda
FROM: Kathleen E. Daley~ 1989
Attached please find the proposed 1989 LegiSlative Agenda for the City
of Delray Beach.
I have outlined several key issues which I feel are of particular interest
to the City. Throughout the session, there will be other issues which may be
of concern to the City. I will continually monitor this legislation and will
keep you apprised.
Since Speaker Tom Gustafson has requested that the Appropriations Bill be
introduced on the floor by May 4 (one month earlier than in the previous years),
he has called special budget meetings throughout the month of March.
In order to keep expenses down (hotel stay, 'travel, etc.), I will be moving
to Tallahassee the first week in March. As soon as I know my telephone number
in Tallahassee, I will pass it on to you. You may also reach me at any time
through my office in Boca Raton.
I will be accessible throughout the session, should you have any questions
or additional directions. During this time, you will be receiving updates on a
regular basis regarding the status of our agenda.
Hi
KD:ad
Attaclunents
,"I 1fJ/.f(' HnA nONS. PO/If/CAL CONSULTING. GOVERNMENTAl. AFFAIRS
One Park P\ace. 621 N.W. 53rd SIreet
SUto 24().23' Boca Raton. F1orido 33487
Boca _ (305) 997-8768' Wal_ Beoch (305) 737,2044
{
.
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
CITY OF DELRAY BEACH
1989 LEGISLATIVE AGENDA
Mayor Dealt Campbell
Vice Mayor Jimmy Weatherspoon
Commissioner Trish Brainerd
Commissioner Marie Horenburger
Commissioner Mary McCarty
THE EFFORT ALWAYS MATTERS
---..--
"
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[ITY DF DELRA' BEA[H
, 00 N.W. 15t A VENUE DELRAY BEACH. FLORIDA 33444 407/243.7000
1989 LEGISLATIVE AGENDA
I. STATE FUNDING (Budget Requests)
l. BEACH RENOURISHMENT (Maintenance)
AMOUNT: $1,910,000.00
FROM: Department of Natural Resources
Beach Renourishment Projects
We are presently in our fifteenth year of beach preservation and
must continue the maintenance program in order to save the public beach~
FUNDING TO-DATE (Since 1973):
Federal Share: $3,460,000.00
State Share: $2,840,000.00
County Share: $1,370,000.00
City Share: $1,192,000.00
Total 1989 Beach Request (State):....................$1,910,000.00
THE EFFORT ALWAYS MATTERS
Page Two
STATE FUNDING (Continued)
2. HISTORIC PRESERVATION / OLD SCHOOL SQUARE
AMOUNT : $497,872.00
FROM: Secretary of State
Division of Historic Resources
Special Category Grant
AMOUNT : $130,000.00
FROM: Secretary of State
Division of Cultural Affairs
Cultural Facilities
Old School Square Total Requested:..................$627,872.oo
3. PAY RAISE FOR JOHN JOHNSON
AMOUNT : $5,718.00
FROM: General Revenue,
or to be determined
John Johnson, Director of the Historic PreEervation Board of Palm
Beach County, has been living on a salary of $16,358.16 per year since 1985.
This is below the minimum for his position in State government. (See AttaChment.)
(Palm Beach County is also supporting this.)
II. LOCAL BILLS
1- DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
Expansion of the DDA's boundaries east of the Intracoastal and west
to Swinton Avenue - North and South - One Block.
(more)
~
,
.
Page Three
III. GENERAL BILLS (State-wide)
FUNDING:
l. CONSTITUTION AMENDMENT OPPOSING UNFUNDED STATE MANDATES
2. LOCAL OPTION SALES TAX
Support legislation authorizing local governments to adopt a local
-' option sales tax by a super majority of the county commission, rather than
through referendum.
3. DUPLICATION OF'FUBLIC RECORDS
Support the proposed amendment authorizing local governments to
recover the cost of labor and overhead associated with duplicating records, as
well as material and supplies. Present law allows for only material and supplies.
(PCB GO 89-26)
4. DOCUMENTARY STAMPS
Support legislation which would authorize local governments to levy
a surtax on documentary stamps which would be used for affordable hOUSing.
ii 5. TAX ROLL
Support legislation authorizing local governments to place new constuc-
~ tion sites on the tax roll immediately upon breaking ground, instead of waiting
until the beginning of the next fiscal year.
ADMINISTRATION:
l. LAWYER-CLIENT
Continue to support legislation which would exempt the lawyer-client
relationship from the provisions of government in the Sunshine and Public Records
law.
2. LEGAL ADVERTISING
Support legislation which would provide for uniform legal notice re-
quirements.
COMMUNITY TAXING DISTRICTS:
l. UNIFORM SPEl:::IAL DISTRICTS ACCOUNTABILITY ACT OF 1989
Monitor the Special Districts Act, which defines independent and dep-
endent districts and requirements by special districts and local governments for
comprehensive planning and financial emergencies.
(more)
i
!
~
.
;
Page Four
GENERAL BILLS (State-wide) (Continued)
CRIMINAL JUSTICE:
l. LAW ENFORCEMENT PRarECTION ACT
Support this act, which provides for mandatory minimum penalties for
persons convicted of violent offenses against law enforcement officers.
(SB 45, H 139)
---
GROWTH MANAGEMENT:
l. Oppose any legislation which would infringe on local governments'
zoning powers.
2. Support amending Chapter 163, to have the one.year deadline for
adoption of local government development regulations be tied to plan approval.
rather than plan submittal.
IV. SUPPORT, IN CONCEPT, THE 1989 LEGISLATIVE PLATFORM OF THE FLORIDA
LEAGUE OF CITIES
iU
ATTACHMENTS:
l. Letter from Peter Dunbar, General Counsel to the Governor, to
Fred Jones, Chairman of the House Committee on Community Affairs,
regarding concurrency.
2. Memorandum from Jerry Taylor, Chairman of the Historic Preservation
Board of Palm Beach County, to the Legislative Delegation, regarding
John Johnson, Executive Director.
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Tm: CAI'ITOL PETER M DL'~
BOR MARTI'EZ, GOn:R,OR TA LL":"H.,,~.q:f.. FLORIDA 32:i~(Iu(t1 Gr.,EP..ALCOL',
Feb::-uary 7, 1989
Representative C. Fred Jones
District 42-D
Post Office Box 1246
Auburndale, Florida 33823
Dear Representative Jones:
The Governor has asked that I respond to your letter of
January 25, 1989, relating to the development of local
comprehensive plans pursuant to Chapter 163, Florida Statutes.
Specifically, your letter poses questions about the roles of the
state and local governments in building, maintaining, and improv-
ing public facilities and the effect of the planning process on
those roles. In raising these issues, you have touched upon an
aspect of government that is undergoing swift change at the most
elemental levels. Given the breadth of this change, it is diffi-
cult to predict with perfect accuracy the results of a process
that has only begun to run its course. However, having consulted
with ~he various state agencies charged with implementing the
growth management laws, including the Department of Community
Affairs (DCA) and the Department of Transportation (DOT) . I
believe I can accurately describe to you the authority of the
state and local governments to control publ~c facilities under
the new planning process and its implications to tha relationship
between those levels of government.
Before addressing your questions individually, I would like to
offer some prefatory comments about the effect of the new
planning process on the construction and maintenance of public
facilities. '~s you know, local governments must adopt in their
plans levels of service for seven types of public services and
facilities: roads, mass transit, sanitary sewer, stormwater,
potable water, solid waste, and parks and recreation. With one
major exception, local governments may adopt any level of service
they wish on these facilities. The major exception to the local
governments' exercise of complete discretion in establishing
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Representative C. Fred Jones
February 7, 1989
Page Two
levels of service is this: local governments must, to the maxi-
mum extent feasible, adopt in their plans levels of service for
state roads consistent with those levels of service established
by DOT. Once levels of service are adopted, local governments
may not issue development permits which would cause levels of
service to drop below the adopted level. This concept is em-
bodied in the "concurrency re~ireme~~;" a statutory mandate that
public facilities be made available concurrent with the impacts
of per=itted development.
It is important to understand that the levels of service on
public facilities--and therefore, concurrency--are fundamentally
linked to land use decisions made at the local level. As local
governments increase the densities of permitted land uses or the
fre~ency of permit issuance, development pressure is placed on
public facilities and levels of service may begin to degrade. If
a public facility begins to significantly degrade under these
circumstances, the local government has but three alternatives to
comply with the concurrency re~irement: it may amend its plan
to adopt a lower level of service for that public facility, it
may improve the management or structure of the facility or build
new facilities to accommodate the impacts of new development, or
it may adjust the density and intensity of' development that may
occur under its land use plan to lessen the impacts on the facil-
ity.
Having reviewed these basic concepts underlying the growth
management laws, I would now like to address the specific ques-
tions you have raised in your letter. I have taken the liberty
of grouping the questions in your letter under six general head-
ings, and I have arranged the headings in an order that will help
me to address the points you have raised.
Is state government subject to the
concurrency requirement?
I believe that the application of the concurrency requirement to
the issuance of permits at the state level is neither required
nor appropriate. That portion of Chapter 163, Florida Statutes,
which addresses concurrency does so only in the context of the
adoption of a local comprehensive plan and, therefore, imposes
that requirement only on local governments. However, perhaps
more important is the notion that it simply does not make sense
to impose the concurrency requirement on state government because
the state does not generally issue final development orders. As
I have stated, concurrency is fundamentally tied to the' zoning
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Representative C. Fred Jones
February 7, 1989
Page Three
and permitting processes that occur at the local level. Since
the state has little control over these processes, there is
generally little to be gained from making the state subject to
the concurrency requirement.
Having said that the state is not subject to the concurrency
requirement, I will say emphatically that the state has a vital
role in seeing-that local governments are able to achieve concur-
rency at the local level. As I will discuss more fully in this
letter, DOT and other state agencies have a responsibility for
planning public facilities and building public facilities in
accordance with the state's plans, and local governments should
be able to rely on the commitments of those agencies when the
local governments calculate the need for local infrastructure.
It would be unfair and unworkable to require a level of planning
and commitment from local governments that the state itself is
unwilling to achieve.
What is the meaning of "maximum extent feasible"
and who decides when it is met?
Local governments must to the maximum extent feasible adopt
in their plans levels of service for state roads that are con-
sistent with those levels of service established by DOT. It is
DCA's responsibility to determine if a local government has
supplied adequate justification to depart from DOT's level of
service. Such a determination must necessarily lead to the need
to address issues of cost participation and jurisdictional re-
sponsibilities for these facilities. The legislature needs to
review means of providing authority for such actions. However,
level of service standards should not be compromised on the
interstate highway system, the Florida Turnpike system, and othe
limited access highways. I am also asking DOT to review federa:
laws and rules concerning the federal-aid highway system to
deterrr,ine what limitations, if any, might exist on altering
operating conditions or jurisdictional responsibility.
Before delineating t~ose circumstances under which it may be
appr~~Fia~~ for,a local,go~ernment to depart from DOT:s level 0
serv:Lce',':Lt'mer:Lts ment:Lon:Lng that DOT has already bU:Llt some
flexibility into its level of service standards so that special
local conditions may trigger lower levels of service for certai
state road segments. For example, under DOT's level of service
guidelines, lower levels of service are established for roadway
operating near a mass transit facility or in specially designat
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Representative C. Fred Jones
February 7, 1989
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areas where compact urban growth is desired. Also, DOT requires
only that existing levels of service be maintained on roads where
there is a physical constraint to their improvement. Similarly,
'local governments must not degrade a state road when the road is
already operating below DOT's level of service and the road is
not scheduled for improvement in the five-year transportation
plan, Thus, it is obvious that to so~e extent DOT's level of
serv ice standards address local circu::"stances. Nevertheless,
some scenarios may be envisioned where it would be appropriate
for a local government to depart from those standards.
One possible scenario involves a local government's approval of
development based on the assumption that roads would be con-
structed by the state in accordance with DOT's five-year
transportation program. In some cases, DOT may postpone or
eliminate projects that originally appeared in the program.
Assuming that this change in the work program would result in a
degradation in the level of service on state roads below the
level of service established by DOT, I believe the local govern-
ment could allow degradation below DOT's established level of
service standard in order to conform with the concurrency re-
quirement. In other words, modifications to the five-year
transportation plan would provide adequate'justification for the
local covernment to demonstrate that it was not feasible to set a
level ;f service consistent with that of DOT. However, in adopt-
ing a lower level of service, the local government should only
lower the level of service to a point necessary to offset the
additional traffic that will result from the planned road im-
pr,)vement not be ing constructed on schedule.
There is one other obvious scenario under which a local govern-
ment may justify adopting a level of service on state roads lower
than that established by DOT. In those cases where compliance
with DOT's level of service standard would result in the failure
of ~ local government to fulfill other important state goals, it
may be permissible for the local government to depart from DOT's
standard. For example, if a local government can demonstrate
that its comprehensive plan contains an effective system for
combatting urban sprawl, it may be permissible to establish low
levels of ser.vice on certain state roads in the urban core ex-
cluding the interstate highway system, the Florida Turnpike, and
other limited access highways. As mentioned earlier, this raises
issues of cost participation and jurisdictional responsibility
which I urge the legislature to address this session.
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Representative C. Fred Jones
February 7, 1989
Page Five
The foregoing is not an exhaustive list of circumstances under
which a local government may set a level of service inconsistent
with that of DOT. These are simply some of the more obvious
scenarios that would justify a departure from DOT's level of
service standards. However, before leaving this topic, I feel it
~orth ~entioning that any local government will bear a heavy
c~rcen in proving its j~stification in these cases. I ~ave bee~
assured by DCA that it applies the ut~ost scrutiny in reviewing
these justifications, and I do not anticipate that a large
percentage of local governments in Florida will be able to sub-
stantiate the need to depart from DOT's levels of service.
What purposes do DOT's level of service
standards serve? Under what state or rule
are the standards authorized? Does the
public participate in the forculation of
those standards? What consideration is given
to other state goals when they are formulat-
ed?
The purpose of DOT's level of service standards is to plan,
wanage, and operate the state highway system. DOT's authority
and duties to regulate the state highway system are established
in Chapters 334 and 339/ Florida Statutes, and it is from this
law that DOT gerives its power to establish level of service
standards. DOT's level of service standards were formulated onl
after DOT obtained the opinions of transportation specialists
throughout the state. In 1988/ DOT formed statewide task teams
to address those standards and techniques to measure the stand-
ards. The teams were composed of representatives from a broad
range of federal, state, regional, and local agencies and profes
siona1 organizations. DOT is currently in the process of
adopting a rule to codify the standards, established by policy.
Obviously, the rulemaking process will offer additional opportu-
nity for public participation in the formulation of level of
service standards and a point of entry to legally challenge tho~
standards.
In formulating its current level of serv'ice standards, DOT went
to great lengths to consider the goals and policies from the
state comprehensive plan that relate to transportation. The
public will have the opportunity to comment on DOT's considera-
tion of these goals and policies during the rulemaking process.
The rulemaking process will offer a valuable opportunity to
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Representative C. Fred Jones
February 7, 1989
Page six
reexamine the role of state level of service standards in the
local comprehensive planning process. As I stated, the purpose
of DOT's standards has been to plan, manage, and operate the
stcte highway system. Those standards, however, have attained a
new dim~nsion~with th~ implementation of the recent growth man-
agement legislation, and local governments must now heed those
standards when making land use decisions. Thus, the standards
have become a key factor in the land use analysis that occurs at
the local level. This increased state influence over local
decisions will properly result in increased scrutiny of the
adoption of state level of service standards.
Who is or should be financially responsible
for accommodating local traffic on state
roads? If it is a shared responsibility, who
should decide the share of each? Would
increased authority over timing, placement,
and level-of-service decision accompany a
local financial contribution?
In principle, local traffic should stay on local roads and
interregional traffic should stay on state roads, and thus the
financial responsiblity for accommodating that traffic would be
automatically borne by the appropriate service provider. In
reality, nothing of the sort happens. Historically, local gov-
ernments have made land use decisions which have resulted in a
large volume of local traffic being carried on state roads. DOT,
by virtue of its authority over state roads, is left with the re-
sponsibility of trying to accommodate that traffic. I believe
the local comprehensive planning process was intended, in part,
to correct this situation. However, until it does--or if it does
not--we are left with the problem of sharing responsibility for
state road improvement between levels of government. While the
need for devising a system to share responsibility is clear, it
is less clear how the details of that system will be structured.
Nev~rtheress. I,think it'is sufficient for purposes of this
letter to state that the need, is recognized and to offer some
broad principles for structuring such a system.
First, the fUnctional use of segments of the state highway system
should continued to be periodically examined to determine if they
may more appropriately be classified as local roads. Second,
state infrastructure funding priorities should be strongly linked
to a local government's efforts to fund road improvements for
local traffic. Third, with a significant local funding effort
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Representative C. Fred Jones
February 7, 1989
Page Seven
should come increased local government participation in decisions
relating to the placement and establishment of level of service
standards for specific state roadway segments. Fourth, if local
governments desire a higher level of service than is achievable
based on the DOT's five-year transportation plan, then local
governments should bear the financial burden of making the im-
prove~ent to achieve the incrementally higher level of service.
Wbo sbould make decisions about issuing state
permits and locating state facilities includ-
ing state roads, tbeir access points, and
interstate intercbanges?
Historically, DOT has the authority to override local government
decisions relating to the placement of state road facilities. '
However, in the advent of the 1985 growth managment legislation,
local comprehensive plans have attained a new and greater force.
In the new plan review and adoption process, DOT and other state
agencies are given the opportunity to object to provisions in
local comprehensive plans, and those objections may form the
basis of a legal challenge to the plans brought by DCA. In view
of this increased state influence in local comprehensive plan-
ning. an area that has traditionally been the exclusive province
ot local governments, I think the state should be willing to
follow, to the maximum extent feasible, the facility-siting
decisions that find their way into approved local plans.
Sbould all levels of government, inclUding
water management districts and special dis-
tricts, be incluced in the planning process?
In order for the local comprehensive planning process to succeed,
all levels of government must fully participate. As you know,
DCA solicits from state and regional agencies comments about
plans that have been submitted for review. Among the agencies
comr.,enting on plans are ~he regional planning councils and wa~er
management districts. I have directed DCA to work closely with
those review agencies and ensure that sta~e and regional inter-
ests are protected in the planning process.
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It is apparent to me that the process would benefit from greater
participation by special districts. These districts should
provide general-purpose local governments with detailed public
facility plans. It may be that legislation is required to en-
hance the role of special districts in the planning process.
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Representative C. Fred Jones
February 7, 1989
Page Eight
In summary, I hope I have clarified for you my position on many
of the important issues that are emerging as we begin to imple-
ment the comprehensive planning process. Your letter raises many
, insightful questions, and I have attempted to respond to those on
a broad, pol icy level. Should you have more detailed and techni-
cal questions about this subject, I would invite you to contact
DCA or DOT for answers to your questions. I appreciate the
opportunity you have provid~d me to address these issues, and I
look forward to working with you in the future so that we can all
enjoy a fair and effective application of the growth management
laws and, ultimately, a better Florida.
Sincerely,
Ga:. u. . ~
Peter M. Dunbar
General Counsel
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l~emorandum FIDRlDA DEPARfMENT of SlATE
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TO: Members of the Palm Beach County Legislative Delegation
FROM: Jerry S. Taylor, Chairman, Historic Palm Beach County Preservation BOI
DATE: December 15, 1988
SUBJECT: The HPBCPB's first legislative priority for 1989-90.
The HPBCPB's first priority in the 1989-90 Legislative Budget
Request is a salary increase for the Board's Director, Mr. John
P. Johnson.
Mr. Johnson has been the Director of the Board since September
1985 and currentlylives'on, a salarY.'-Of $ 16,358.16 per year
in Palm Beach County.
Mr. Johnson's salary is $ 5,718.00 per year below the minimun
for his position in State government.
This year the Board is requesting $ 5,718.00 of General Revenue
funds to bring his salary up to the minimum and $ 9,150.00 of
Trust Authority (or permission to raise 10car-Iunds) to bring
his annual salary up to the average for his position.
As you know this request for an increase in salary, if approved,
will take effect in July 1989 and be in place when Mr. Johnson
begins his fifth year in September 1989.
(D5-16)
0501004
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(1/17/89)
FIRST PRIORITY ISSUES
C) Secure State funds for mandated Infrastructure needs - Carol Roberts; Jim Watt,
County Commissioners; Sam Shannon, Assistant County Administrator
PRESENT SITUATION: The 1987 Zwick Commission report urged the State to provide
local governments with the financial tools necessary to provide the infrastructure that our growth
will require, Since a Capital Improvements Element, and "concurrency. are now rsquired parts of
the comprehensive planning process,'these needs will be easily documented as local plans are
submitted to the State,
NOTES:
(JJ Support the Florida Association of Counties and the Florida League of CIties In
their campaign to convince the Legislature to adopt an amendment to the
Florida Constitution that would allow new unfunded mandates on counties and cities by the
state Legislature only following a 3f4 vote of the House and the Senate, This would apply to
programs requiring local governments to expend local funds for state initiated priorities,
PRESENT SITUATION: According to the state Advisory Council on Intergovernmental
Relations (ACIR), the Legislature has passed 223 unfunded mandates upon local governments
since 1980 despite a 1978 law (F,S, 11,076) that outlaws theses actions by the Legislature, A
recent public opinion poll showed a margin of 4,5 to 1 in favor of requiring that the Legislature pay
for programs it requires local governments to implement. In addition, the tax options to provide
general revenues for local governments is inadequate and already stretched to the limit.
Mandates cannot continue to be placed on local governments without providing adequate
revenue tools for the necessary funding to implement the programs,
NOTES:
(j) Enact a local option sales tax by referendum or by extraordinary vote of the
County Commission - Carol Roberts, Jim Watt; County Commissioners
PRESENT SITUATION: In 1987 the State granted counties the authority to levy a local
option sales tax by referendum, County Commissions are elected - at least in part- to make difficult
decisions, Therefore, let them decide whether a local option sales tax is necessary and if in their
opinion it is, then give them the authority to impose the tax by extraordinary vote of the
commission,
NOTES:
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@ Adopt legislation that will authorize each county to levy, at Its option, a tax of up
to 50 cents per $100.00 of value on real estate transactions (a documentary stamp
tax) and eliminate the 1992 sunset of Dade County's present authority, Local governments
should be able to bond this revenue source - Carol Roberts, County Commissioner, Remar M,
Harvin, Housing and Community Development
PRESENT SITUATION: At present Dade County is the only county which has been
granted the authority to levy a local option, discretionary documentary stamp tax, Dade is
authorized to levy a 45 cent tax on each $100,00 value of deeds and documents relating to real
estate to be used for low and moderate income assisted housing, This issue was included in the
local government infrastructure funding bill that surfaced during the 1988 Session but never
made it out of Committee,
NOTES':
@ Seek state funding ($2.5 million) to assist In constructing a public health unit In
Delray Beach - Carol Elmquist; Carol Roberts, County Commissioners; Jules Dorn, Public
Health Unit
PRESENT SITUATION; (HRS has ranked thfs project #3 on its FY 1990 PHU constructfon
request list.) The County will provide the land and $500 thousand as its share in the project. The
new 32,000 sq, ft. medical facility will provide additional clinic areas and dental space to
accommodate the increased client load of 1,000 medical patlentSlweek, The existing facility's
usable space is a mere 11,000 sq, ft. which is grossly inadequate to handle the increased patient
load, In addition, the current space has become unsuitable for this use,
Unlike the 1988 situation surrounding the health facility on the grounds of ths A,G, Holly Hospital,
we are going into the Session with this project fully supported by HRS, We have also gotten the
information sufficiently in advance that securing funds within the legislative appropriations
process to fund the top three projects on the HRS list is our major goal, and we will have the
support of the State on that objective,
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(SJ Add a surcharge to traffic fines to support jallfcourt facilities bond Issues _ Jim
Watt, County Commissioner
PRESENT SITUATION: This priority was initiated by Palm Beach County last Session, and
was included in an Infrastructure Funding Bill that was considered in 1988 but not adopted, It is
ons example of how the legislature could help counties meet their infrastructure needs, The
addition of this surcharge would establish a 'user fee' for individuals that are a significant cause of
counties' having to increase their court facilities, We may very well have gotten this fee in 1988
had it not been for the the County Clerks Association, whose opposition to the issue _ apparently _
is based upon the fact that they would have to begin collecting the fee, Their Opposition is in
spite of the fact that the revenue would be used entirely to enhance their working environment.
We are attempting to work with that Association to defuse their opposition in 1989,
NOTES:
(j) Oppose Statewide Enabling Legislation to set state-Imposed standards and fee
sChedule(s) for Impact Fees - Sam Shannon, Assistant County Administrator
PRESENT SITUATION: There are presently no state restrictions on local impact fees,
However, during the 1988 Session, development interests, particularly the shopping center
development lobby, attempted to secure statewide controls on local impact fees, They will likely
attempt this mandate again,
NOTES:
(@ Resist All efforts to Increase the present (sovereign Immunity) cap on liability
limits as described In F.S., Ch. 768,28 - Nancy Pickles, Risk Management
PRESENT SITUATION: Local governments are presently protected by the State's'
Sovereign Immunity, to$100 thousand per individual and $300 thousand per incident, for liability
claims arising from damage claims, (Only Claims bills filed with the legislature can exceed this Iimij,)
Every year attempts are made to increase or eliminate our sovereign immunijy protection,
NOTES:
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FLORIDA PUBLIC LIBRARY ASSOCIATION
LEGISLATIVE rOMMITTEE
RECOMMENDED REVISIONS TO F. S. CHAPTER 257
Section l. Section 257.13, Florida Statutes, is created to read:
257.13 State policy.--It is the intent and policy of the State of Florida to
aid and encourage the establishment and development of free library services
throughout the state to ensure and promote free and ready access to information
by grants to districts, counties, and municipalities maintaining a free library
or free public library service. This objective shall be met without discrimina-
tion against the patrons and supporters of public libraries not affiliated with
a library system.
Section 2. Section 257.14, Florida Statutes, is amended to read:
257.14 Division of Library and Information Services: rules.--The Division of
Library and Information Services may adopt rules to carry out the provisions
of this Chapter which shall adhere to the intent expressed in s. 257.13.
Section 3. Section 257.15, Florida Statutes is amended to read:
257.15 Division of Library and Information Services: standards.--The Division
of Library and Information Services shall establish reasonable and pertinent
operating standards which shall adhere to the intent expressed in s. 257.13,
and under which libraries will be eligible to receive state moneys.
Section 4. Section 257.17(2)(d), Florida Statutes is created to read:
d Extend borrowin rivileges to the holders of current valid borrowers'
cards issued by other public libraries in the state.
Section 5. Section 257.173, Florida Statutes, is created to read:
257.173. Public Library Assistance Grants.--
1) Definition: --"Public Librar " means a librar or two or more libraries
or non-profit library corporation or association operated as a single entity by
or for one or more public jurisdiction which serves the general public.
(2) Eligibility: Any public jurisdiction not receiving funds under s. 257.17
is eligible to receive an annual public library assistance grant from the state
of up to $3.00 per capita not to exceed the per capita support expended by that
public jurisdiction for its library during the second preceding fiscal year. In
order to be eligible for any year for which a grant is sought, a unit of local
government must not reduce its actual operating expenditures for public library
service exclusive of short-term special funding, in any fiscal year to less than
the lesser amount expended for the same purpose in either of the preceding two
fiscal years. Grant recipients shall extend borrowing privileges to the holders
of current, valid borrowers' cards issued by other public libraries in the state.
CODING: Words ~~F~ekeR are deletions; words underlined are additions.
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RESOLUTION NO. -- --
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGIS-
LATION TO PROVIDE FOR ACCESS BY INDEPENDENT FREE PUBLIC
LIBRARIES TO STATE LIBRARY FUNDING SOURCES.
WHEREAS, the present provisions of Chapter 257, Florida
Statutes do not provide for access by local independent free public
libraries to State Library operating grants and instead solely assist
County designated single administrative units and cities of 200,000
or more population; and,
WHEREAS, the Delray Beach Library is an independent facility
supported by the City of Delray Beach, which provides free public
library services to persons residing within the City and also provides
certain services to persons residing outside of the City; and,
WHEREAS, the Delray Beach Library meets public library service
needs which are not directly met by the Special Library Taxing District
of Palm Beach County, yet is denied access to State funded sources of
library operating grants; and,
WHEREAS. ~~e continued development of public library service in
Florida is dependent on adequate support from the State to encourage
quality service to every resident; and,
WHEREAS, it is necessary to provide independent libraries with fair
and reasonable access to the State funding sources by direct grants to
independent libraries, so as to share fairly the State grant proceeds
with the Counties and Districts,
NOW THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY
BEACH, FLORIDA:
Section l. That" the State Legislature declare a policy to encourage
the establishment and development of free librqry services throughout
the State by providing gr.al'1ts to Cities, Districts, and Counties that
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE J ] 0 5,10, ]" STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243.7090 TELECOPIER 407f2784755
MEMORANDUM
Date: February 7, 1989
To: Mayor Doak S. Campbell, In 0/'
From: Herbert W.A. Thiele, City Attorney
SUbject: Inquiry Concerning Request from "State Mandates"
This memorandum is in response to your inquiry by memorandum
dated January 31, 1989 concerning the request from "State
Mandates" dated January 18, 1989.
In that regard, it is my opinion that the City as a corporate
entity through the City Commission could go on record, either
t.hrough the adoption of a motion or through the adoption of a
formal resolution, to support the efforts of the State Mandates
organization. Furthermore, if that position were approved by
the City Commission, I see no reason Why individual members of
the City Commission could not also help seek support for the
State Mandates program. The position apparently being taken by
State Mandates is not much different than that which is gener-
ally supported in the Florida League of Cities legislative
programs, and in fact, was one of the positions taken by the
leaders who attended the Local Government in the 1990's Confer-
ence in Clearwater, Florida approximately 3 weeks ago.
As to whether or not the petition forms could be placed at the
table where voter registration occurs or where voters have
their registrations verified at the March, 1989 election, this
seems to me to be a matter which is generally within the
authority of the Supervisor of Elections Office.
Although the City Commission could certainly request of the
Supervisor of Elections to allow this activity to occur at the
polling locations, as well as having the City Commission
endorse and/or authorize this activity to occur during the
course of the City election, it would seem to be that the final
approval authority may rest with Jackie Winchester's Office.
Perhaps this matter should then be placed upon an upcoming City
Commission meeting agenda for your further consideration on
this subject and authorization for the City Administration to
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Mayor Doak s. Campbell, III
February 7, 1989
Page 2
put such a request before Jackie Winchester's Office so that
these forms and the persons who would man the tables can be
authorized and planned in advance of the March 14, 1989 City
election.
If you have any further questions, please contact the City
Attorney's Office.
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. AUBURN TRACB JOINT VBlft'URB
-', 4723 ...t Atlantic Avenue
Suite 9
Delra:r Beech. Florida 33445
January 31, 1989
Via Facsimile
Gilbert J. Pomar, III
Vice President/Manager
Real I.t.te Banking
Southe..t Bank, M.A.
450 Australian Avanue South
West Palm Be.ch, Florid. 33401
RBI Southe.st Bank, N.A. - $5,600,000 Construction/Mini-Perm
Loan to Auburn Trace, Ltd.
Dear Gill
Pursuant to my phone conversation'with you and Todd, enclosed
ple.se find the executed commitment for the above-referenced
loan, .. well as a check for the commitment fee.
Our acceptance of the commitment is predicated upon the following
change. or modifications to same. My comments are numbered
and coincide with those of the commitment.
8 (a) Lender shall receive evidence satisfactory to Lender
that the Borrower and/or Syndicator ha. available for the project
a minimum equity contribution of Three Million Four Hundred
Thousand Dollars ($3,400,000.00). at least one-half of which
will be funded at the time of the Construction Loan Closing.
8 (c) Receipt and approval by Lender of a valid and binding
AlA cost plus not to exceed construction contract between Borrower
and a general contractor licen.ed in the State of Florida in
an amount not to exceed $8,790,000.00.
8 (e) Receipt and approval by Lender of valid and binding
management contracts between the Borrower and (i) a property
mana~nt firm acceptable to Lender aDd (ii) Florida Affordable
Housing. Inc. (.PAR"), the terms of which shall prOVide that
in tho event of a default by Borro_r under tha Loan, the property
management firm and FAR shall agree to work for Lender pursuant
to the terms of their respective management contracts.
1661- ~EB SeE} Y>i 'n ,* ZOd 60:L.l 1 S/ 1 0 .68
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Gilbert J. loner, III
Page 2
January 31, U8'
18. COIOIITMBN'l FBI AND STANDBY FBI
In consideration of the Lender holding itself ready, Willing
and able to make the Loan and in further consideration of the
substantial services which the Lender has rendered, the Borrower
shall pay to Lender upon and as a condition of closing the Loan,
commitMent fees for this Commitment which shall be (a) Bigbty-
Pour Thousand Dollars ($84,000) for the Construction Term, and
(b) One Hundred and Twelve Thousand 'Dollars ($112,000) for the
Mini-Perlll. A portion of the commitment fee for the Construction
Term in the amount of Twenty-One Thousand Dollars ($21,000)
shall be due and payable upon acceptance of this Commitment
by the Borrower. An additional Twentyane Thousand Dollars
($21,000) will be payable upon final acceptance of this
Commitment by HUD of the Borrower as the approved developer.
The balance of the commitment f.e for the Construction Term
shall be due and payable by Borrower when and if the
Construction Loan closes. A commitment fee for the Mini-Perm
in the amount of Twenty-Bight Thousand Dollars ($28,000) shall
be due and payable upon closing of the Construction Loan and
the balance of the commitment fee for the Mimi-Perm shall be
due and payable when and if there is a closing on the Mini-Perm
loan. The Borrower is to pay all, other costs, expenses and
fee. relative to the Loan and the Project, including but not
limited to, disbursement fee, mortgage title insurance policy,
survey, intangible tax, documentary stems, insurance premiums,
recording fee. and Lender'. coun.el fees for closing and loan
docwnentation.
19. ACCEPTANCB or COMMITMENT -
(b) Upon acceptance, this commitment will remain valid
for a period of ninety (90) days to allow for the closing of
the Loan as herein provided. In the event the Loan is not closed
within ninety (90) days of acceptance, this Commitment, in
Lender'. .ole discretion, shall terminate and shall be of no
further force and effect, and Lender shall have no further
Obligation. hereunder.
Please acknOWledge your acceptance of the above by executing
a copy of this letter.
1661- lEB SOE} Y"i 'n ,* E:Od 60:/..1 1 E:/ 1 0 '68
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Gilbert J. Pamer, III
Pap 3
January 31, 1989
AUBURN TRACB, LTD.,
a Florida limited partnership
~~~-
CHARLOTTE DURANTE ~
~)){~
RBT'l'A McGHBB
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REED thi.~Y Of~ , 1989.
BY
1661- aEe SOE} t:I"i 'n '*,l'Od 50:l.t tE:/to '58
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Southeast Bank, N.A.
January 30, 1989
Auburn Trace, Ltd.
c/o Mr. Jay Fe1ner
4723 W. Atlantic Avenue
Suite 9
Delray Beach, FL 33445
Re: Southeast Bank, N.A. - $5,600,000 Construction/Mini-Perm
Loan to Auburn Trace, Ltd.
Dear Mr. FeIner: t
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Southeast Bank, N.A. (hereinafter referred to as "Lender") is
pleased to advise YOU that we have approved the loan more
particularly described below, sUbject to the fOllowing terms and
conditions. In the event there is any conflict or variation in the
terms of this commitment and the terms of any prior materials
submitted in connection with the loan, the terms of this commitment
shall prevail.
l. BORROWER:
Auburn Trace, Ltd., a Florida limited partnership (hereinafter ' '
referred to as the "Borrower').
2. THE LOAN:
The Loan shall be in the amount of FIVE MILLION SIX HUNDRED
THOUSAND DOLLARS ($5,600,000.00) (the "Loan"), subject to the
terms and conditions of this Commitment.
3. PROJECT:
SixtY-four (64) single-story apartment bUildings containing an
aggregate of 256 rental apartment units on a twenty-five (25)
acre parcel of land located in Delray Beach, Palm Beach County,
Florida, as more particularly described in Exhibit "A" attached
hereto (the "Property"). The Project shall be known as "Auburn
Trace" and shall include a security gatehouse, sWimming pools,
450 Austrollan Avenue Soulh - MS 308J, Wesl Palm Beach, Florida 33401
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Mr. Jay FeIner
January 30, 1989
Page 2
basketball courts, tennis courts, volleyball courts, clubhouse,
laundry facilities, day care facilities and related amenities on
the Property. The apartment units shall be leased to low income
families in accordance with the gUidelines established by Urban
Development Action Grant ('UOAG'), an agency sponsored by the
United States Department of Housing and Urban Development
("HUD") .
4 . LOAN TERM:
The Loan shall have a term of sixty (60) months as follows:
(a) The term for construction of the Project under the Loan
( the "Construction Term") shall be twenty-four (24) months
unless sooner terminated by the Borrower or Lender pursuant to
the terms hereof:
( b) The term of the mini-permanent facility under the Loan (the
"Mini-Perm Term") shall be thirty-six (36) months.
(c) Borrower may elect to have the Mini-Perm Term commence uponi
the occurrence of the following: (i) the issuance of a ;
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certificate of occupancy with respect to all of the apartment
buildings and other amenities in the Project, (ii ) the
determination by Lender's inspecting architect or engineer that
construction of the Project in accordance with the plans and
specifications approved by Lender is complete in accordance with
the terms and provisions of the Loan Agreement to be entered
into between Borrower and Lender (the "Loan Agreement"), (U!)
the making by Lender of the final hard cost advance pursuant to
the Loan Agreement, ( iv) the determination of HUO's inspecting
architect or engineer that the Project is complete in accordance
witb the guidelines and requirements established by HUO and
UDAG, (v) the making by HUD of its final hard cost advance, and
( vi) receipt by Lender of estoppel certificates from City of
Delray Beach, Florida ("Delray") and HUD certifying that
Borrower is not in default under any of the terms and conditions
of their respective loans. Such an election by Borrower prior
to the termination of the Construction Term shall not have the
effect of increasing the duration of the Mini-Perm Term.
( d) In the event that the Project is not completed by the end
of the Construction Term as evidenced by the occurrence of items
(!) through (vi) above, Lender may, at its option, demand
payment in full of all amounts outstanding the Loan. In such
, event, Lender shall have no further obligations under this
Commitment or the Loan.
5. INTEREST RATE:
Borrower shall pay interest on the unpaid principal balance of
the Loan at the following interest rates (the "Applicable
Interest Rate"):
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January 30, 1989
Page 3
(a) During the Construction Term, the Applicable Interest Rate
shall be a floating rate equal to the rate announced from time
to time by Lender as its prime rate (the "Prime Rate") plus one
and one half percentage points (1-1/2'). The use of the term
Prime Rate is for the internal convenience of Lender only, and
no representation is being made by Lender that the Prime Rate is
either the lowest, the best, or a favored rate of interest
charged by the Lender to its borrowing customers. The
Applicable Interest Rate shall be calculated daily on the basis
of a 360-day calendar year. If the Prime Rate shall change at
any time, and from time to time, the Applicable Interest Rate
shall change, effective as of the change in the Prime Rate,
without the necessity of any notice from the Lender to the
Bor rower.
(b) During the Mini-Perm Term, the Applicable Interest Rate
shall be a floating rate equal to the Prime Rate plus one
percentage pOint (1').
e
6. PAYMENTS: f
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(a) During the Construction Term, monthly payments of interest
only are due, in arrears, on the unpaid principal balance from
time to time outstanding at the Applicable Interest Rate,
commencing on the first business day of the first month
fOllowing the closing of the Loan and on the first day of each
month thereafter.
( b) During the Mini-Perm Term, monthly payments of principal
and interest are due in arrears on the first business day of
each month at the Applicable,Interest Rate, ~mortized over a
forty (40) year period. Based upon adjustments in the
Applicable Interest Rate, monthly payments of principal and
interest shall be adjusted and such adjustments will be based
upon the remaining period of the initial forty (40) year
amortization period, the then current principal balance and the
Applicable Interest Rate. The entire remaining principal
balance together with all accrued interest thereon shall be due
and payable in full on that certain date thirty-six (36) months
after the commencement of the Mini-Perm Term.
(c) If any installments of interest or principal shall not be
paid within ten (10) days of the date when due, then the Loan
shall be in default and the entire principal sum and accrued
interest shall become due and payable at once without notice and
demand. While in default, amounts outstanding under the Loan
shall bear interest at a rate equal to five percentage points
( 5') above the Applicable Interest Rate provided, however, in no
event shall the aforementioned default rate exceed the highest
rate of interest authorized by applicable law. Lender may
collect a late charge not to exceed an amount equal to five
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Mr. Jay Fe1ner
January 30, 1989
Page 4
percent (5\) of any installment of interest or principal which
is not paid within ten (10) days of the due date thereof, to
cover the extra expense involved in handling delinquent payments.
(d) Allor any portion of the principal balance of the Loan may
be prepaid in whole or in part without premium or penalty.
7. GUARANTOR:
Jay Felner, Roger C. BOOS, Francis McAlonan, Glenn Haggarty,
Richard Brautigan, Mark Semko, John Casserly, Charlotte Durante
and Loretta McGhee (hereinafter collectively referred to as the
.Guarantor.) each shall execute and deliver to Lender an
unconditional and unlimited Guaranty of all indebtedness of
Borrower under the Loan on Lender's form of Guaranty. Each
Guaranty shall be joint and several.
8. PURPOSE OF LOAN AND SPECIAL CONDITIONS:
The purpose of the Loan is to provide financing for (i) the
development of the Property, (ii) the construction of the ~
project, and (iii) the establishment of an interest reserve .
account. The conditions listed below are a condition precedent
to any obligation of Lender and shall be complied with in form
and substance satisfactory to Lender prior to the advance of
funds under the Loan:
( a) Lender shall receive evidence sati~factory to Lender
that the Borrower has injected into the Project a minimum
equity contribution of Three Million Four Hundred Thousand
Dollars ($3,400,000.00);
. (b) Receipt by Lender of an MAI Appraisal for the Project
from an appraiser satisfactory to Lender in its sole
discretion indicating a loan-to-va1ue ratio of not greater
than seventy percent (70\) ;
(c) Receipt and approval by Lender of a valid and binding
AIA fixed price construction contract between Borrower and
a general contractor licensed in the State of Florida in an
amount not to exceed $8,790,000;
( d) The Borrower shall have obtained payment and
performance bonds which comply with Florida Statutes
section 713.23 (the .payment and Performance Bonds.) in an
amount equal to 100\ of the fixed price of the construction
contract, pursuant to which a surety company satisfactory
to the Lender guarantees performance by the contractor of
its obligations under the construction contract and
guarantees payment of claimants, in the form required by
Florida Statutes section 713.23, and Borrower shall have
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Mr. Jay FeIner
January 30, 1989
Page 5
obtained a Lender's Dual Obligee Rider to the Payment and
Performance Bonds naming the Lender as an additiona 1
obligee:
( e) Receipt and approval by Lender of valid and binding
management contracts between"the Borrower and (i) NCHP
Property Management, Inc. ("NCHP"), and (ii) Florida
Affordable Housingr Inc. ("FAH"). the terms of Which shall
provide that in the event of a default by Borrower under
the Loan, NCHP and FAH shall agree to work for Lender
pursuant to the terms of their respective management
contracts:
( f) Approval by Lender of the operator and/or manager of
the day care facility:
(g) Receipt and approval by Lender of the final plans and
specifications for the Project:
( h) Receipt and approval by Lender of Borrower's estimated
cost for the Project:
( i) Receipt and approval by Lender of Borrower's
syndication Offering:
( j) Evidence satisfactory to Lender that Borrower has
obtained valid and binding commitments from (aa) De1ray to
finance the acquisition of the Property and partially
finance the development of the Property, and (bb) HUD to
partially finance the construction of the Project:
( k) Review and approval by Lender's counsel of the
documents to be executed by Borrower in connection with the
. HUD and Delray financing which financing shall be
subordinate to the Loan:
(1 ) Receipt by Lender of tax returns for the Guarantors
for the years 1986 and 1987 and current credit reports for
the Guarantors and those corporations in which they hold
ownership interests:
(m) Borrower shall be in compliance with each of those
certain requirements set forth in Schedule I of this
Commi tment.
9. HUD AND DELRAY FINANCING:
Simultaneous with the closing of the Loan, Borrower shall close
on the loans from Delray and HUD. It is a condition precedent
to the Loan that (a) the financing from Delray and HUD shall be
subordinate to the Loan, and (b) no proceeds from the Loan shall
be used to make payments on the financing from De1ray or HUD
until such time as income from the 'project is equal to or
greater than annual projected debt service under the Loan. A
default by Borrower under the De1ray financing or the HUD
financing shall constitute a default under the Loan.
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January 30, 1989
Page 6
10. COMPLIANCE WITH APPLICABLE LAWS:
Borrower and Guarantor shall promptly and faithfully comply
with, conform to and obey all applicable present and future
laws, ordinances, ru Ie s, regulations and a'11 other legal
requirements including without limitation those established by
ODAG.
11. MODIFICATION OF COMMITMENT:
This Commitment may be amended or modified only by written
instrument signed by the Borrower and the Lender. Any waiver or
consent granted hereunder shall be effective only in the
specific instance and for the purpose for which given.
12. APPLICABLE LAW:
This Commitment Letter, and such of the Loan instruments as do
not otherwise provide, shall be construed in accordance with the
laws of the State of Florida.
13. NO WAIVER OF RIGHTS BY LENDER: i
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Neither any failure nor any delay on the part of the Lender in
exercising any right, power or privilege hereunder shall operate
as a waiver thereof, nor shall a single or partial exercise
thereof preclude any other of further exercise of the exercise
of any other right, power or privilege.
14. SORVIVAL OF REPRESENTATIONS:
All covenants, ag re eme nt s, representations and warranties made
herein shall survive the funding by the Lender of the Loan
herein described and shall continue in full force and effect so
long as any portion of said Loan is outstanding and unpaid. In
this Commitment Letter, reference to any of the parties herein
shall be deemed to include the successors and permitted assigns
of such party. All covenants, promises and agreements by or on
behalf of the Borrower or Guarantor which are contained in this
Commitment Letter, or in any other loan instrument, shall inure
to the benefit of the successors and assigns of the Lender.
15. ASSIGNMENT:
This Commitment Letter is personal in nature and may not be
assigned without prior written consent of Lender.
16. SEVERABILITY:
In the event that anyone or more of the provisions contained in
this Commitment Letter, or any documentation incident hereto,
should be invalid, illegal or unenforceable in any respect, the
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January 30, 1989
Page 7
validity, legality or enforceability of the remaining provisions
contained herein and therein shall not in any way be affected or
impaired thereby.
17. ADDITIONAL DOCUMENTS:
Borrower and Guarantor will execute any~urther instruments,
documents, and all agreements reasonably requested by Lender, to
carry out and implement the Loan and all warranties,
representations, terms and provisions hereof shall survive the
funding of the Loan.
18. COMMITMENT FEE AND STANDBY FEE:
In consideration of the Lender holding itself ready, willing and
able to make the Loan and in further consideration of the
substantial services which the Lender has rendered, the Borrower
shall pay to Lender upon and as a condition of closing the Loan,
commitment fees for this Commitment which shall be (a)
Eighty-Four Thousand Dollars ($84,000) for the Construction
Term, and (b) Eight-Four Thousand Dollars ($84,000) for the i
Mini-Perm Term. The commitment fees are considered earned upon:
acceptance of this Commitment irrespective of the Loan being
funded. A portion of the commitment fee for the Construction
Term in the amount of Twenty-One Thousand Dollars, ($21,000)
shall be due and payable upon acceptance of this Commitment by
the Borrower. The balance of the commitment fee for the
Construction Term shall be due and payable by Borrower upon the
closing of the Loan. The commitment fee for the Mini-Perm Term
shall be due and payable prior to the commencement thereof. The
Borrower is to pay all other costs, expenses and fees relative
to the Loan and the Project whether or not the Loan actually
c lo~es, including but not limited to, disbursement fee, mortgage
title insurance policy, survey, intangible tax, documentary
stamps, insurance premiums, recording fees and Lender's counsel
fees for closing and loan documentation.
19. ACCEPTANCE OF COMMITMENT:
(a) In order for this Commitment to be effective, the enclosed
acceptance copy must be signed by the Borrower and the Guarantor
and returned to Lender on or before January 31, 1989, otherwise
this Commitment shall terminate and be of no further force and
effect.
( b) Upon acceptance, this commitment will remain valid for a
period of sixty (60) days to allow for the closing of the Loan
as herein provided. In the event the Loan is not closed within
sixty (60) days of acceptance, this Commitment, in Lender's sole
discretion, shall terminate and shall be of no further force and
effect, and Lender shall have no further obligations hereunder.
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January 30, 1989
Page 8
20. WAIVER OF JURY TRIAL:
THE BORROWER, GUARANTOR AND LENDER HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVE THE RIGHT EACH SUCH PARTY MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS
COMMITMENT, OR ANY OBLIGATION RESULTING FROM OR RELATED TO ANY
LOAN OR GUARANTY RELATING TO THIS COMMITMENT, OR ANY AGREEMENT
CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY
COURSE OF DEALING, STATEMENTS, (WHETHER VERBAL OR WRITTEN), OR
ACTIONS OF EITHER PARTY, AND REGARDLESS OF WHETHER SUCH RIGHT
AROSE AND WAS CREATED AS THE RESULT OF STATUTORY ENACTMENT.
THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER'S ISSUING
THIS COMMITMENT.
Sincerely,
SOUTHEAST BANK, N.A.
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Page 9
ACCEPTED AND AGREED this _ day of , 1989.
(BORROWER)
AOBURN TRACE, LTD., a Florida
limited partnership
BY: AOBORN TRACE JOINT VENTORE, a
Florida general partnership
By:
, General Partner
THE ONDERSIGNED HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE
ABOVE COMMITMENT LETTER AND SHALL CONFORM WITH AND ABIDE BY ALL THE
TERMS AND PROVISIONS THEREOF APPLICABLE TO THEM.
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GLENN HAGGARTY
RICHARD BRAOTIGAN
MARK SEMKO
JOHN CASSERLY
CHARLOTTE DORANTE
LORETTA McGHEE
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January 30, 1989
Page 10
SCHEDULE I
GENERAL REQUIREMENTS:
Advances by Lender under the Loan shall be subject to
compliance by Borrower with the following terms and conditions:
1) Mortgage Lien
Lender shall have a first lien on the unencumbered,
marketable, fee simple, absolute title to the Property
and the Project, to easements appertaining thereto, if
any, sUbject only to subordinate mortgages in favor of
HUD and Delray and to such other exceptions, if any,
which, in Lender's opinion, do not render such title
unmarketable.
2) Documentation
Lender's attorney shall prepare the necessary i
documentation in order to comply with all the terms and .
conditions of this commitment, and to comply with
applicable Florida law. All documentation must be
satisfactory to Lender. Borrower's and Lender's fees
and legal costs shall be borne by Borrower.
Documentation shall include, but not be limited to, the
following instruments to be executed at the closing of
the Loan:
Note
Mortgage
. Construction Loan Agreement
UCC-l and Security Agreement
Assignment of Rents and Leases
Borrower's Affidavits
Borrower's Counsel Opinion Letter
Assignment of Construction, Architect
and Engineer Contracts
Assignment of Management Contracts
Lender reserves the right to require additional
documentation at its discretion. In addition, HUD and
De1ray shall enter into subordination agreements with
Lender pursuant to which the liens of the HUD and
De1ray mortgages shall be subordinate to the Loan.
3) Limitation On Transfer and Further Encumbrance
The Mortgage shall limit the ability of the Borrower to
conveyor transfer the property or the Project, or any
interest therein including any changes in the
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January 30, 1989
Page 11
partnership agreement of Borrower, or any substitution
or replacement of the general partners of Borrower,
without the prior written consent of Lender, which
consent shall be at Lender's sole discretion. In
addition, the Mortgage shall prohibit any further
encumbrance of the property and the Project other than
the HUD and De1ray mortgages.
4) Mortgage Title Insurance
Lender will require title to the Property to be good,
marketable and insurable, subject only to the subordinate
mortgages in favor of HUD and De1ray and such other
exceptions, if any, that, in the Lender's opinion, do not
render such title unmarketable. Borrower shall provide
Lender with a Mortgagee Title Insurance policy in its
favor, at Borrower's expense, in the face amount of the
Loan issued by a title company acceptable to Lender, and
insuring Lender's Mortgage as a valid first mortgage lien.
If required by Lender, evidence of reinsurance (with direct,
access) shall be provided to Lender. !
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5) survey
Borrower shall provide Lender, at Borrower's sole cost and
expense, with a survey of the Property certified to Lender,
Borrower and the title insurance company, prepared by a
surveyor licensed under the laws of the state of Florida
and acceptable to Lender, which:
(a) Certifies that the Property does not have any
encroachments;
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( b) Shows the exact locations and dimension of the
Property;
(c) Shows the locations of all streets and other means of
access to the Property and all easements and recording
data which are located on the Property or are adjacent
to the Property;
( d) Shows the location of all building setback lines;
(e) Is acceptable for the purpose of removing survey and
other applicable exceptions contained within the
Standard American Land Title Association (WALTAW)
Mortgagee Title Insurance Policy.
(f) A foundation survey of the Property will be required
at the time of the first construction draw, which
survey must show the location of all easements, right s
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January 30, 1989
Page 12
of way, and the public water and sewer mains on or
immediately adjacent to the Property. Prior to final
disbursements, a survey of the Property locating all
completed improvements, parking, easements, and
utility lines will be required. The survey must be
certified to the Borrower, Lender, and the title
insurance company.
6 ) Builder's Risk and Liability Insurance
The Loan Agreement shall provide that throughout the term
of the Loan, builder's risk insurance together with an
appropriate mortgagee endorsement and liability insurance
in amounts satisfactory to Lender shall be maintained on
the Project and the property with companies acceptable to
Lender. Immediately upon completion of the Project, fire
and extended coverage shall be obtained and submitted to
Lender. All policies shall name Lender as Mortgagee and
loss payee, and shall contain a New York standard mortgage
clause.
i
All policies shall reflect the Lender's interest therein as:
follows:
SOUTBEAST BANK, N.A.
its successors or assigns
450 Australian Avenue
West Palm Beach, Florida 33401
In addition, all pOlicies of insurance shall provide for
ten (10) days prior written notice to Lender of the
insurer(s) , intent to cancel or amend said po1icy(s) as
~ well as providing Lender with the right to pay premiums and
keep said po1icy(s) in full force and effect.
7) Flood Insurance
In the event the Project is or will be located in an area
designated by the Director of Federal Emergency Management
Agency as a special flood hazard area, Borrower must
maintain flood insurance on the Project.
8 ) Leases
Prior to the closing of the Loan, Borrower will provide
Lender with a copy of the form of lease to be used for the
leasing of apartment units within the Project. During the
Loan Term, Borrower will provide Lender with copies of
executed leases on a monthly basis. Any and all leases on
the project shall be subordinate to the Lender's mortgage.
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January 30, 1989
Page 13
9) Governmental Requirements
Borrower shall submit satisfactory evidence that the
Project and the proposed construction thereof complies in
all respects with the laws of the state of Florida and with
all applicable rules and regulations of all municipal,
state or Federal entities, agencies, authorities or
departments having jurisdict'ion," in'cluding, but not limited
to, guidelines and regulations promulgated by UDAG and/or
RUD, zoning rules and regulations, environmental protection
rules and regulations pertaining to water supply, sewage
disposal and air and water pollution. It is a precondition
of disbursing funds under the Loan that Borrower obtain and
keep in good standing all necessary licenses, permits and
approvals required in connection with the foregoing.
Borrower's ability to operate the Project in the manner
described herein, and in conformity with all Federal, stat e
a nd local laws, ordinances, and regulations applicable to
such development, is a precondition to disbursing funds
under the Loan.
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10) utili ties ,
Borrower shall furnish evidence satisfactory to Lender that
all utilities (water, electric, telephone, storm and
sanitary sewer drainage facilities) are available and are
sufficient to service the project.
11) Building Permits
Copies of building permit(s) for each apartment building in
the Project free of contingencies are to, be submitted to
~ Lender for approval prior to the advance of funds under the
Loan for each building.
12) Soils Test
Prior to closing of the Loan, Borrower shall provide Lender
with a letter from the engineer performing the soils test
on the property, addressed to Lender, stating that the
soils test performed by the engineer indicate that the
soils are suitable for construction of the Project.
13) Cost Breakdown and Construction COntract(s)
a) Borrower shall supply Lender with a cost breakdown
satisfactory to Lender and a Construction Schedule
indicating the estimate of each draw of construction
funds necessary to complete the project.
b) Borrower shall supply Lender with executed copies of
contracts or subcontracts for all labor, material,
elui~ment and furnishings to complete the development
o t e Property and the construction of the Project.
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January 30, 1989
page 14
14) Equity Requirements
a) Prior to the closing of the 'Loan, Borrower shall
supply evidence satisfactory to Lender of source and
sufficiency of funds to complete construction of the
Project in accordance with prior approved final plans
and specifications.
b) Prior to the closing of the Loan, Borrower shall
provide Lender with evidence that Borrower has
injected into the Project a minimum equity
contribution of Three Million Four Hundred Thousand
Dollars ($3,400,000.00). In addition, Borrower shall
provide Lender with evidence of a total minimum equity
contribution, including ongoing equity, as indicated
in the Use of Proceeds attached hereto as Exhibit "B."
c) In the event the estimated cost of the Project exceeds
the funds allocated under the terms of the Loan when
added to Borrower's required equity contribution, as .
indicated in the Use of Proceeds, Lender is to receiver
evidence of additional equity contributions from ,
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Borrower, (e.g., proof of additional expenditures in
the form of paid bills and/or waivers of lien from
contractors and suppliers, etc.). There shall be at
all times undisbursed funds sufficient to complete the
Project, otherwise Lender shall have the right to
require the expenditure of such additional funds by
Borrower, prior to further disbursements by Lender.
15 ) Construction Disbursements
.' a) Disbursement of the Loan proceeds shall be in
accordance with the terms and conditions of the Loan
Agreement. Disbursement shall be made by Lender or
through the title insurer at Lender's option, and the
Borrower shall comply with all disbursing requirements
of Lender and the title insurer.
b) Disbursements shall be based on work in place and cost
to complete the work as approved by Lender or other
such person or firm approved by Lender. Hard costs
for the construction of apartment buildings within the
Project shall not be disbursed until the submission of
a building permit for the building on which funds are
sought.
c) In the event there are more than sixteen (16)
completed apartment units at anyone time for which
Borrower is not receiving rental income, Lender shall
be under no obligation to make further disbursements
under the Loan.
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January 30, 19P9
Page 15
d) Prior to each advance of funds under the Loan,
Borrower shall submit to Lender a request for advance
on form supplied by Lender, a certificate from
Lender's and HUD's inspecting architect and engineer
certifying that the requisition for funds represents
work completed on the project and that work done to
date is in accordance with the approved plans and
specifications, an affidavi~ of ' the general contractor
and partial waivers and releases of lien from each
person supply services, labor or materials to the
project.
16) Fixtures and Personal Property
A Security Agreement and Financing Statements will be
required to cover all attached and unattached equipment,
appliances, furnishings, and fixtures, or any replacements
or additions thereof, together with evidence that such
property is otherwise encumbered.
17) Validity of Loan i
.
Lender is to be furnished with written opinion of
Borrower's counsel, at Borrower's expense, that the Loan
has been duly authorized by the representatives of
Borrower, does not violate any applicable law or other
regulations, and that all loan documents are valid and
binding upon the Borrower and Guarantors in accordance with
their terms. Bor rower, by the execution hereof, represents
and warrants that the funds under the Loan shall be used by
Borrower for a business or commercial purpose.
18 ).' Financial Conditions and Limitations on Borrower
a) Borrower and Guarantors have submitted or will submit
current financial statements to Lender for Lender's
approval prior to the closing of the Loan.
b) It is hereby understood and agreed that at Lender's
option, Lender may elect to withhold further loan
advances in the event there is a material adverse
change in the financial condition of Borrower or any
of the Guarantors.
c) Borrower shall incur no new or additional liabilities
other than the Loan contemplated by this Commitment
and the financing from HUD and Delray, without the
prior written consent of Lender.
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Page 16
19) Plans and Inspections
A complete set of final working plans and specifications
signed and sealed by all architects, engineers, and other
required parties bearing evidence of the approval of the
appropriate governmental authorities, shall be submitted to
Lender not less than thirty (30) days prior to closing.
Plans are to be assigned te tender by the Architect during
t he Loan Term. Borrower agrees that all construction shall
be inspected by a third party engineer satisfactory to
Lender, at Borrower's expense, with monthly inspection
reports, in written form, to be delivered to Lender, and as
a condition to all construction cost disbursements.
20) Reporting Requirements
As soon as available, but in any event not later than
ninety (90) days after the close of each fiscal year,
Lender shall be provided with a copy of the balance sheet
of Borrower and Guarantor, for such fiscal year as at the ,
end of such fiscal year, and related reviewed statements oni
income and retained earnings and changes in financial ;
position of Borrower and Guarantor, setting forth in
comparative form the corresponding figures for the
preceding fiscal year, all in reasonable detail, prepared
in accordance with generally accepted accounting principles
applied on a basis consistently maintained throughout the
period involved and with the prior year, and such
additional financial information as may be required by
Lender including but not limited to such matters as cash
flow analysis, and operating statements.
21). Escrow Requirements
In addition to payments of both principal and interest
under the Loan, Borrower shall, simultaneously with such
payments, remit to Lender appropriate sums for application
by Lender to escrow accounts incident to real estate taxes
and insurance premiums on the Property.
22) Hazardous wastes
a) Borrower shall, at its expense, provide Lender with a
report from a duly licensed and qualified testing
laboratory, selected by Borrower but approved by
Lender, indicating whether or not there are any
apparent or visible environmentally dangerous
materials at the project. The Lender's obligation to
close the Loan is conditioned upon securing adequate
evidence that there are no known environmental hazards
at the Project, an indemnification from the Borrower
arising from such hazards, said indemnity to survive
the Loan.
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January 30, 1989
Page 17
b) Borrower expressly represents to Lender that the
Project has not in the past been used, is not
presently being used, and will not in the future be
used for the handling, storage, transportation, or
disposal of hazardous or toxic materials. Bor rowe r
agrees to indemnify, defend, and hold Lender harmless
from and against any loss to Lender, including without
limitation attorneys' fees, incurred by Lender as a
result of such past, present or future use, handling,
storage, transportation, presence or disposal of
hazardous or toxic materials, said indemnity to
survive the termination of the Loan.
90/356
013089
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EXHIBIT . A .
LEGAL DESCRIPTION
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~)SOutheast Bank, N.A. EXHIBIT "B"
REAL ESTATE BANKING DIVISION
USE OF PROCEEDS EXHISIT
REGION: R
DATE Januarv 25. I 9R'
, REVISEO
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PR~~~lID I SORROWIR LOAN CLOSING
EQUITY n.. RESERVI OISBURSEMENT:
I. LOAN COSTS .' " .. 'ii' 'Ii ~bt
Doc. St" Int. Tx., Rec., Titl. Ins, $ 22 400.00 $ 4nn.nn S S
S.C. Conn. Fit I ! ~ K4.nnn.nn nnn.oo
S,E. Canst. Ext. Fee ( ")
Permanent L.nder's Fe. (, , lld n. ^^ .. ""
Brokera.e Fee I "I .' ,- - .................
Borrower Attorn.v's Fe. ~n nnn nn .n nnn.nn
L.nder Attorn.y's Fee 30 n~n nn 30.000.00 !
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II. LAND
Acquisition COlt 7~n.nnn.nn 7.n nnn nn
'dat.
Subordinat.d Land .
.
.11. HARD COSTS ,
Lana u'v' opm.nt , O"n nnn nn t ''7n nnn n. ^^
Landscaping --
Utilities
(.;onstructJon (t"l)ced !"'nce, o 70n nnn nn . Oon nnn nn o M" ""n ^"
Tenant Improvements
t'n,,; nmo.. , "n ^' ,,^ 1 "n nnn nnl
Carpel
Model/Furnishings
Hard Cost Contingency ( "I
.V. SOFT COSTS ., .
Architect "n nnn nn l,n nnn nn
Engine.. 7n nnn nn 7n.nnn.oO
Bond ~romlum
'~ermlts. :lurv.ys & :lOll Tests .n nnn nn .n nnn.nn
Appraisal
Builder's Risk Insurance (F&EC) "n . nnn nn ,"n nnn nn
Flood Insurance
Liability Insurance
R.al Estat. Taxes ~~ nn" "" ~~ ",,^ n"
-, COlt Analysis/Insp.
Oisburs'ment Fe.
Inter.st ( " ADB . " int x masl Ol:n "n" "" ",,, "." ""
Offk.. A 'in" ~n """ "" ~"" "nn "" -.
Advertising & Mllk.ting un".. "" u.ni.i. nn
tsorrOwtr uv.rn..d,Mlnagem.nt , nn" nn" "" . ",,, ""
Soft COst Contingoncy ( '" '0' i. """ i.i. "".,;,.;.. "" """
COnsu It f nil 4n nnn.tItI .AI' '""i. nn .
SUBTOTAL ISlA cnn nn" nn I.,,,,,,, """ nn S ~ """ """ "" S
5al.., ...... CommiSSIon ( "I
TOTAL 1i:4 . !inn .00 SA.onn.nnn-.nn S c I:nn nnn "" .
-
"' RATIOI -
Equityflmm.di.te' $ 24 " of projec.ted cost Loan.ta-Valu,/Sellout 1:0
Equity/Ongoing " " of projected COlt LOIII.ta-Projected Cost lP
TOTAL Equity I 24 "of projected cost Lo.n-to.Additional COllttcral 69
JIO....TG.04' IIt.v.IIIZI Loan.tl)' Lond & Hard Costs 49
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MEMORANDUM
TO: Mayor and Commission
FROM: Ci ty Manager W
SUBJECT: AUBURN TRACE
DATE: February 17, 1989
Memos from Commissioner Weatherspoon, Director of Community Improvement
Lula Butler, and Assistant City Attorney Jeff Kurtz are attached which
address the progress being made to finalize our UDAG grant and allow
the Auburn Trace housing complex to proceed.
WOB : c 1
Encl
:tt5
TO : MAYOR AND COMMISSIONERS
FROM: VICE MAYOR JIMMY WEATHERSPOON
RE: WASHINGTON JOINT VENTURE/HUD MEETING
DATE: FEBRUARY 10. 1989
AS YOU KNOW, I ATTENDED THE JOINT MEETING IN WASHINGTON D. C.
ON THURSDAY FEBRUARY 09. 1989, BETWEEN THE DIRECTOR OF UDAG,
STANLEY NEWMAN AND SOME OF HIS STAFF MEMBERS, HUGH ALLEN AND
DONNA CLARK. OVERALL THE RESULTS OF THE MEETING WAS POSITIVE.
STANLEY AND THE STAFF INDICATED THAT THEY FELT THAT THE
AMENDMENT THAT WAS BEING REQUESTED WOULD BE APPROVED AND THAT
THE JOINT VENTURE PARTNERSHIP SEEM TO BE SOUND ENOUGH
FINANCIALLY TO SUPPORT THE PROJECT. HOWEVER THERE WERE SOME
TECHNICAL CONCERNS AND SOME CLARIFICATION(s) ON THE SUBMITTED
COMMITMENT LETTER FROM THE BANK THAT NEEDED TO BE ADDRESSED.
IN ORDER TO STAY ON TRACK, THE JOINT VENTURE PARTNERSHIP HAS
TO ADDRESS ALL CONCERNS PRIOR TO MARCH 01, 1989. IF ALL
CONCERNS HAVE BEEN ADDRESSED BY THEN, THE AMENDMENT REQUEST
CAN BE PRESENTED TO THE REVIEW BOARD FOR FINAL APPROVAL
ON MARCH 01, 1989.
ALSO, IN ORDER THE MAKE THIS DATE, STAFF WILL HAVE TO
CONTINUE TO KEEP THIS PROJECT AT THE TOP OF THEIR PRIORITY
LIST.
Jimmy Weatherspoon
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P.S. THE WEATHER WAS TO COLD.
cc: Walter Barry
Lu1a Butler
hud.1tr
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MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER ~
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
RE: AUBURN TRACE/PROJECT STATUS
DATE: FEBRUARY 17, 1989
Members of the Joint Venture Partnership met with the Development
Service Management Group and members of the Technical Assistance
Committee on Wednesday, 2/15/89 to address deficiencies and other
concerns regarding their Site Plan submitted on 2/03/89 for the
Auburn Trace Development. Staff had completed a preliminary
review of the submission and had determined that the site plan
had at least one major problem. Other aspects dealing with
landscaping, water, sewer, drainage and off-site street alignment
were not assessed since these plans were not available. The
meeting was part of our our ongoing efforts to identify concerns
early on in the process, due to the time constraints we are all
under with this UDAG project. The major problem idenified by the
technical staff is listed as:
The building spacing does not meet the minimum spacing
requirements of Section 173.034. The building separation
requirement fluctuates based on building layout with respect
to adjacent structures. For specific building types, the
architect is showing a typical distance of 28' and 25'
where code requires 48',42' and 34'.
The developer has the option of submitting for a variance to the
code requirements to the Board of Adjustment or redesigning the
si te to meet code. Staff informed the Joint Venture partners of
the requirements under "hardship" that must be established for
the variance request. The time element was also discussed. It
will be the decision of the Joint Venture Partners which option
to pursue. Staff informed the group that in order for the
submittal to remain on schedule for the March 20, 1989 Planning
and Zoning agenda, their revised site plan would require a most
timely submission in order to provide staff with minimum time to
review and prepare staff report to the P & Z Board. The
developer did not committ to a specific date for resubmission.
Other areas of concern identified by the staff are as follows:
l. Application completeness - still required are the
Conceptual water and sewer plans, landscape plans and the
abandonment petition for SW 10th Avenue.
2. The proposed child care center is allowed in the RM
Zoning district as a Conditional Use. Submission of
property owners list and a petition establishing the same
are necessary.
In addition, the following deficiencies have been identified with
the traffic study:
l. Background traffic for SW 14th Avenue does not include
the traffic counts from Carver Estates. Also, the study did
not address traffic associated with the daycare center.
Walter Barry
Auburn Trace/Status Report
Page 2
2. No turn lane improvements have been proposed even though
the traffic report shows data indicating a left turn exiting
the project will be required, and a left turn lane into the
development from SW 14th Avenue is required.
The preliminary review does not represent a full technical
review. This full review is now on hold pending a resubmittal.
Since the developer Js required to address all concerns to allow
for processing of the City's amendment request prior to March 1,
1989, staff is most concerned with the time that may be imposed
by HUD for issuing a building permit. The timely submittal of a
complete site plan is critical. If the developer choses to
request a variance the site plan review may not be completed
prior to the Board of Adjustment rUling.
cc: Jeff Kurtz
Auburn Trace Joint Venture
B:UDAG.8/LD 2
, 407 278 4755 Feb 17,89 11:02 P,02
CITY RTTORNEY'S OFFICE TEL No,
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tlTY DF BELRAY BEAtH /:~ li.:;~;~"~~t:, .....,.
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CITY """ORNEY'S OFFICE 3/0 S,E. 1'1 STREET, SlIfTE4 . IJELRAY DT-.ACll, FI.ORII)A 33483
"'. · 407/243.7090 . TELECOPIER 407f27847SS
MEMoRANDUM
lOt:;.) 1J "".
Date: February 16, 1989 ~ IJb:..il;~i,-. 'iT"
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To: Walter O. Barry, City Manager
From: Jeffrey S. Kurtz, Assistant City Manager
SUbject: Status of AUburn TracelU]).AG ~Qdment RetlUest
1.5 a result of the meeting that took place with HUD in
Wa,Shington on February 9, 1989, HUD haa given an apparent
extension of time until March 1, 1989 for: the City and
developer to sublni t all information necessary to, proc:ess the
amendment request. Such action by 8UD, tor all practical.
purposes, temporarily negates the possibility of OUr Grant
being terminated by HUD. It is our understanding that }fUD was
supplied. with all the inforl'lla.t1oD required, th4tWilS within the
City's control prior to '\:,hatFe.bruary 9 meeting and that all
items hOlding up the consid.eration of Our amendment reques,t; are
with.in the control of the developer.
Prior to the above-referenced meeting with BUD on Feb~ 2,
1989, City staff met with the developers representative, '!'om
Hinners, and requested tbat he provide, more information to us
on the developer'S financing P1ans.'J;'he' developer's current
methOdology of satiSfying the City and HUn's financial require-
ments is twofold. AS to the lllOrtgage financing, they have
secured as. 6 million dollar five,-year 1IlOrtgage commitment frOlll
Southeast Ban~ which consists of a construction loan for a term
of up two years and three years of post construction financing.
As to their equity contributionJil, 'the developer is attempting
to satisfy the City and HUD, on, thebasls tha.t their overall net
worth is in excess of three times, tbe,project's equity requ.ire-
ment of 3.3 million dollars. However, the de~eloperhas
maintained that both, of these lllechanlSlllS will not actually be
relied on at the time grant monies are ready to be disbursed by
the City. Rather the developer envisions haVing first mortgage
finanCing for a term of greater than 15 years and- equity
investment Coming from the syndication of tax credits. It is
anticipated by ,the developer that Such financing will be in
place Prior to the beginning of construction worth drawing on
the grant monies.
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CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Feb 17,89 11:07 P,01
Walter O. Barry, City Manager
February 16, 1989
Page 2
Ci ty staff askec1 Mr. Hinners tor further informati,on so that. we
m19ht be better able to evaluate the c1eveloper's existing and
contemplated financing for the project,. Among the items
requested on February 2, which have not heen. received to date
are the following:
l. A copy of Mr. Hinners I contract with the partnership as
such 1s required by the first mortgagee.
2. Tax assessed values of all Properties shown as assets on
the partners,' financial sta,tementa.
3. A verification from a source other than the individual
partne.rs that the liquid asset value shown on the
part.ners' financial statements are current and correct.
4. .a. detailed memorandum explaining the contemplated, source
term and conditions for the ultimate first mortgage
financin9 and a specific outline of the tax credit syndi-
cation process. '
5. A signed statement from the partners that t,hey will he
willing to contribute 1.7 mil,Uon doll.ars frOlll their
l1quid assets in order to satisfy the first mortgagee's
closing requirements (or theequ1valent, of such a: state-
ment such as a Letter of Credit in the amount of 1.7
million dollars).
At the time, of the meeting with Mr. Binners, it was acknow-
ledged that these requests we,re reasonable and r.eadily satis-
fied. Due to the time limitations 'Upon us, we felt it was
impraotical to re~uire audited financial statements with market
value appraisals done on the land. It is our understanding
that HUD has requested some of the same, information, plus a
revision or further explanation of the partners' involvement
since sOllIe partners are, getting fees, as well as profits from
thIs venture.
Mr. Hinners has recentl.y expressed the opinion that the part-
nership only has to worry about aatlsfyi,ng BUD and not neces-
sarily the City, as to their financial ability to perform the
project, and has further indicated that the information re-
quested by the City would not be forthcOlldng. Moreover, Mr.
Hinners objected to the staff reviewing materials ultimately
meant for HUD's review prior to the materials being sent to
Hun. However, he has stated tbat he would he willing to copy
the City on all information forwat'de4 to BUD. Since the Grant
Agreement is in the City's name and the amenClments be1.ng sought
are being sought by the City, it has been staff's position that
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407 278 4755 Feb 17,8':) ll:uj ~', u.)
CITY RTTORNEY'S OFFICE TEL No.
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I February 16, 1989
Page 3
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all correspondence between the developer anQ HUn sho~ld be
i reviewed by staff Prior to any, fomal communications with Hun
I so that: the City's Position is not inadver'tent:1y misrepresented
; in any manner.
I The contract that Was eXe~~ted between the City and the part-
, llership for the purchase and sale of our land, had a provision
that the developer must satiSfy the City as to its financing
arrangements with respect to the non-Public SOUrces of funding
by January 31, 1989. Staff is unable to make a recOlllll1enda.tion
for acoeptance of the develOPer'S financial Commitments as
being sufficient due to the communication problems that have
occurred. It is therefore recOImlended that tM.s issue be
presented to the Commission for direction as Soon as POssible.
It wOl,lld, be our office.'s recommendation that the Commission
give direction in one of the fOllOWing manners:
l. Acceptance of the private financing arrangements as
presented by the developer cl,\rrontly and give directions
on the procedure to be followed for the developers commu-
nications to Iron. (Copies of the mortgage commitment and
financial statements, are attached hereto).
2. Find the developer to be in defaul,t on the purcbase and
sale agreement because the information suhmttted thus far
is insuffioient to approve the financing arrangements and
giVe the developeI' seven days in which to cure the defi-
Ciency at which point in time the COIIIlIi.saion could make a
determination on. whether or not to teminate the agree-
ment.
ShOuld yoU desire any further information concerning this
matter, please do not hesitate to contact our office.
JSK:sh
cc: City COIllIl1ission
Frank Spence, Director of Development Servioes
Lula Butler, Director of Comuunitylmprovement
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We, the individual partners of Auburn Trace Joint Venture, hereby
commit our net worth and all of our assets, jointly and severally,
towards the $3,369,000 equity requirement for the development of
the Auburn Trace Apartment and Day-Care complex in Delray Beach,
Florida. This equity commitment is made in connection with Urban
Development Action Grant Number B-88-AA-12009(P). We have attached
our current notarized financial statements am each of us is willing
and able to verify and substantiate the information and valuations
set forth on such financial statements.
Dated this 31st day of January, 1989.
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~~" CHARLOTTE DURANTE
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RETTA McGHEE
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PERSONAL FINANCIAL STATEMENT
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INDIVIDUAL INFORMATION ..'0_.. P"n'I '--, OTHER PARTY INFORMATION (T)'pt Of Prinll
Glenn R. and Patricia B. Haaaertv --
Neme Nlm.
Residence Addr." 2398 Cherry Palm Road RI.leHne. Addr...
City, S'I'I I Zip Boca Raton, Florida. 33432 Cit,. Sill. I Zip
POlitl"n Of OceuPlllon Self employed. POllllon or OecupI.lon
BU'In... NI"" BUlin,,, Heme
---
CIly, Stllll Il.p ellY'. 511'1 I Zip
"-,,~_ .n.n..< 4 ~.Ll6.8: 5 3?0 Bu' ...__ (407) 391 9103 R...Ph_ BUI. Phorll
1m.". thl following nltement 01 .11 my use1S and hlbilities II 01 the 10 d.y 01 November . 19 88, .nd q'
'Ihtf' melHi.1 infOf'm.tion for th. purpose of obtaining credit with you on notlS and bills be.ring my sign.ture, Indorsement. or ~'''ntH. .nd agre.
~'II'" you promptly 0' any ch.nQf ."eeltnG my ability to p.y.
IPLEASE ANSWER ALL OUESTlONS, USING "NO" OR "NONE" WHERE NECESSARY'
- - " ., ...-.....:=0::::.
ASSIETS LIABILITIES AND NIT WORTH
I CWo IS.. 5c"'''. No. It No,.. 'IYlbl. t. 8,n.., UnMCy'.... ,..
0.. hend..nd ","''''Hctlld ,n b."k&. I 181 500. II, ,no nnn *
O.!!...es!u!!Q.W..!..~g,"lv ISIt . I
2'. U. S. G_..,,"'Mt $ecu,iti_ CGu.,.,\IMdJ Not.. ".y.W. to ...".... s.cu,'"
19. Oi'..ct bOrfOINI",' onl.,. IS.. Scheel. No. 1J
J. G__rft""t Aowei.. s.cu,ltI.. Not';'R-;cti;.bi~~i;Cou"tM IS" Schild No.1f
-.:;;-..;;;.-;-.;.. l_". "_.I..w. 20. W,lh b."".. ti"lnu comp."," tiC.
e, CS" $child. No. ,. 394,000. 21, N.... ,.ytW. to 0....,.,. U"NCU,M
..... A....,..".. Not OhlC...,""" 27, Not_ 'ty.w. to Oth.n. s.cU,M
. IS" Schild, No. "
H.,.. A....,.W., OilCoun'M ISM Schad. No. 2'1 -l~'-~Li.f~-i;;:~,
1 With b......, 'i"~nc. (omplni_, "C. _ 23, IS.. ...h..., .... "
lil, I...".rc.. C.... Su",,,1Mt V.lu. 'II .---
" 100 no' daduct 101"d IS~"'N- 24. Ace.,.,"tI ,..,.bl.
Stoell "".. s.curlti.. Oth., Th." Gu.,."'.... U. s. 160,OQ.Q., 25, I",.,... ,.y.W.
I, a_'t ,nd Gow't ~..nci.. ISM Schad. No. 41
,..., frut, II.. '.h'" ... ., 4,210,000. ' -.. 'T..;' ;,.;.~...... ,..,..... Ie.....
.!.-'!'!.!'."ad '" OW" ".It'e. -. ZI, ,.__ w. ..
...t_....,.. -M....t....-;;y~.~-;;;1i...~ -i...,.
'0, ..",i"".,." 0""" "'~.' 40,000. 27, IS" Schod. No. 51 1,945,100.
""'. -"ug~~?nt~La",,) ~~ger 60' -" -..-, .-...
s ~H' .011... 114....." Aceoun"
'I. 11t,,.,inl H ert Nurser l-?~. _._ 0'_ ...... w. "
:, ~2M~!!~~~r~~ffiH~HfSR~U~V?rn< 60,000. Oth., \.I.WIIII..
29, Ut.mirel
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13. Suit foUII I 5,1,75,500.00 .~~\~~)"t~':'-"~~'1';'i:~:\.~.~ ~'--;'.~" 30,
'4. l_U.... No.3' I 2,143,100.00 t~t\~'f;:~'--':'~''i': ~-'.. 3'- T 0..1 U.billtl.. .2.143.100.
'~'. ~,' .,s.,: .,W ., ,.,. ~,"~'" .'.
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N.t Wort" t1 0 b, Ihow" ~\i~~~~.~""";:'
os 0" lint no. JJ' . 3,032,l,Ou.UU .~~ "'!h ~',; ::: :,},;'::~,':':', 32,
,'. ''''' :,,,,' ., "s..",.,~
Net Worm
.1 33, eF,o," Ii". no. 151 I 3.032,400.
15,1.]5,500. TOTAL LIABiliTIES .nd NET WORTH 15,175,500.
17 TOTAL ASSETS 34. ILln, JI ftlut lin. 331
SOURCE 0' INCOME PERSONAL. INFORMATION
......, Override Salaries I 25 000. "Ii~ or OOI'ufMti.,. .....
IIoftut Itftd eOrft"''-ion.Pro.1 ec t $100,000+ I 1 Real Estate 58
_lnt from Mortaaaes held I ~1 ,),, ,....-....HIe:.I""'y.__....."',.Haggerty & 'Sons lnsuranc€
..... f.u"lnco_ See attached(Approx) I 112,632. Auburn Trace Joint Venture
Alimony. child lupport, or oeparate maintenance income NumtMr 0' O,pendents "'"
need not be revealed if you do not wish to have it con- ~:;"A~~:L I Do not Inswar if you Ire applying for. or al
lidered 81 a bllil for repaving vour obli atlon(ll.
I furnilhing thil Itlllmlnt In conjunction will
0Ift... ircOlfte - It....i.. individual unsecured credit.
TOTAL I 168.703. IJ{M.rled 0 lep.r'lld C Unm.,rlMl CiI'C1udl"l sfnel., divorced: .nd widoW'
CONTINGENT LIABllITlIS OINIRAL INFORMATION
l! ommer~tIi'i iI"~~uOU
.... ~~ or c..m_. SEE REVERSE SIDE I .....nu_...'_, 1''''. \'~ F't'~,,~'
-- NUMBER 3.
On 1__ .. eontnett I AI. 'leu ......". h, ury .... _ No
. I.... M1I....'
~d.....
~on few ,..... h~OfM . H..,. Y" ... '".... . 'campolltion Mt1I........, ......"I No
T,..
I Haw v- ... ..... .....ru,.." '.....": No ,
~.-leI ....
~UMINT"AY SCHIPUUI
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No.1 a."ln, R ...tton&. tA lid .. ell my "nil oocoun_. inc.udl", ...... ........".1
Heme ...d Loull... .. "nit CMft ....ne. ""'!'I'" ef L.... M.tu,i ..L.... Hew I......... au.....'..... .. s..cU,M
NCNB-G1enn Ha ert Investment Varies Acct. No. 017719264
1st Commercial Savings CD 50 000. No. 001908
1st Commercial Savin s CD 50 000. No. 0023 7 -
Bsrnett Bank Checking Varies Acct No. 1 14222872
, c o.
Hollywood Fed S & L 48,880. s.. .., i, f Credit
ne 0 *See CoSmfker for
~irst Commercial Bank 150,000. Line of Credit 8 ance.
rst Commercial Bank ~~:~~~: ~one~ ~ar~e~ *cc~
fortherr Trust Bank one ar e cc #5110000533
* Furn ture & Personal Property
Pending closing-Haggerty Realty 30,000.
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No.2. AccounU. LOins ,nd Notet Rec.i....bl.. IA Un d. th. ,.,..., ,mouna 0*..... '0 m."
N.m. .nd Addu. of D.btor A.. 01 D.bt O.-criptlon of N.Nr. of O.bt OllllC,lptlon of Security Hlltd
1
- 00
- Goo
No.3. Lif, lmurlne..
Foe. T oul Cuh ToUl Lo.n' Amount .' "'01""
N.",. of '.non '"turM N.m. ., B.n..icl.ry N.",. 01 INU,.ne. Co. Typ. o' 'olley Amount Surr.nd.r Apin" V..,ly
01 Policy V.lv. Policv Premium AooI_7
Note $150,000 t Hollywood Fed eral co-signed ith Hagge ty COif ercia1 Realty / at thew Haggerty
Note $ 48,000 t 1st Commercia Bank co-signe with Sum ers Fi e Spr1 klers C .
.-.
Note $ 40,000 t 1st Commercia .l Bank. Debt of Sherwood ark PI za loa from L ne of redit
Guarant ed by Gle n Hagg rty
No.4. Stocks Ind Securities Other Thin GUlrlnteeet U. S. Government Securities ,nd Government Agencies.
F K' V.lu. lneom.
CBondl. O-Crlptlon 0' S.u,hy R..n.,.d In Nlm. of Con ".."' R.eel..4 To Wh_"_
No. of Sh.,. Mark" V.lu.
tSloclul L... V...
50% Owner HaRgerty (, S~~s ~~~~~~~~d .~... $90,000. $1,933. N/A
25% H~ Commercial Same 70,000 N/A
No.5, R...I Emil, The legal and equi.able .itle to all ,he ,ulesta..listod in this sta,ement i. solely in the name of the undersigned.
nerp. IS follows:
D...:',lp,lon M blmemion, M , mp,.cwe",entl Mot'..... Du. D.," .nd "'-d "...n. Unplllcl Tu_
Amaun.. 0' M.,.""
Str.... No. ...,. Con.ln 0' or' Lie", 'Iymentl V.'ue Velu. V_ A_",
SEE ATTAC lED S,CHEDU E
No, 6, ~l(dillHJI>1(HII>'AKi{~lII{ PARTIAL INTERESTS 1N REAL ESTATE EQUITY
N..... Add.... I N..... Addr_
SEE ATTACHED SCHEDULE
No.7. Broken Mergin AccountL Li.t .he nem.. .nd .dd...... of the brokers end Indice" the net emount due to lOch:
No.8. I "sunne. COY,,'" Fire Insurance: Buildings S . Automobilelt). HOUMhold Ell..t.. etc. S
Indiclte if policies have IX tended cov.rage.ndorsem.nt: : Liability InlUr.nce: Automotl.e S
P.rsonal S . Gener.1 Public S ; Other Insurance (describe):
Data of III..t Independent enely.11 of Insurtnce: : Indica" edequocy of coverege:
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Under penally 'or making fal.. Itatement. or overvaluing property 10 Influence the action of any FDIC-Inlured bank. the
undersigned certifies that the Information contained In this ..atementlltrue and correct.
The infofmllion contlined in thll1"lemenlI. p,ovlded 10' the PU'POH of obt.lnlnv. or mllnt.lnlno credit with you on b.htlf 01 the und.rslgned. 0' p.rlons. fI,ms or
corpof'fion,ln whose behaU1he underliOMd may ellhlf ..ylt,lIy Of jolnlly wflh others. ..acute I gu",n'y In~ov' 'Ivor. Each und.r.lpned undersl.nds 'h.' you '"
ft'lying on 1h, inform,'ion p'oyided he,.ln (Inc,ud,nllh. d.stgn.non m.dl" to own.rshlp 01 properlrlln ecfdlng '0 g'ln, 0' continue c'ldlt. EICh und."lvned
representl.nd w.".nlllh.11h. Info,mellon p,oylde 1.I,u. .nd complel..nd Ih., you mly con,lde, Ihl, sll'.men' ..continuing to belru.lnd CO'fec'unlil. wrill,n
nollee of II ch.nge is given 10 you by the unde"lqned. You Ife .ulhorllld 10 m.ke I" Inqulrl.. you de.m n.c....ry 10 v.rlly lhe ICCUflC," of 'he .lllem.n'. m.de h,r,ln.
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Glenn R. Haggerty , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public, State of
My Commission Expires: 1990
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~ PERSONAL FINANCIAL STATEMENT
(andfor Loan Application)
anK
BANK OFFICE:
IMPORTANT: Read these directions before completing this Statement
' II you are applying for individual credil in your own name and are relying on your Own Income or assets and nol the income or assets
of anolher person as the basis for repayment of the credit request, complete entire form except Section 2 and 5,
- If you are applying tor joint credit with another person, complete all Sections providing intormation in Section 2 about the joint applicant.
. II joint applicant(s) income and financial condition are not reported on this torm in Sections 3 and 5, etc" they should camp Ie Ie a separate
Personal Financial Statement.
. II you are applying for individual credit, but are relying on income tram alimony, child support, separate maintenance, or the income
or assels of another person as a basis for repayment at the credit requesl, complete.6kh Sections, providing inforr1;1ation in Section 2
about the person whose alimony, support, or maintenance payments or income or assets you are relying on,
. If your spouse is not applying joinlly but has an interest in any at the assels described in this statement, obtain 'the signature at that
spouse on the reverse under "Acknowledgement at Spouse",
. If this slalement relates 10 your guaranty of the indebtedness at other person(s), Iirm(s) or corporation(s), complete entire form except
Seclion 2 and 5,
- If application is being made tor a loan, indicate:
Amount of Loan $ 5 ,588 , 400 Term 2 yrs + 5 y r S"urpose at Loan ?56 ApArtment Unit",
(If Secured, Describe Collaleral)
SECTION 1 . APPLICANT INFORMATION (TvDe or Prinl) "IT APPU'=AIIT SA OTlIElH'AITT-Y-l ---
Name Jay FeIner Nam........... ./'
Residence Address 4770 Tree Fern Dri,ve f1esidence ~l:aSS ./
City, Slate & Zip Delrav Beach FL 33445 Cily, Slale & ZiD ............ ..-/'
Position or Occupation President PDsitiDn Dr OccuDatiDn .......... ------
Business Name FeIner Construction Tnr Business Name .........../'
Business Address 4723 W. A tl an tic Ave Business Address ..-/'..........
CiIY,Slat.&ZiD-Delrav Beach FL "[,,4<; Clly, Slale & Zip ../' ..........
Res. Phone 498-2806 Bus, Phon. 496-2000 R.s, PhDn. ../' 8us. Phone '-...
Nearest Relative Jeff FeIner I Re~go~shiP / ~
Not livinQ with Me
Addrest 5 6 7 NW 3rd Dr. IPh4n~9_5"l24 / ~
SECTION 3 . STATEMENT OF FINANCIAL CONDtTION AS OF '7,"""7 .19cr ~
Assets InD~r. r
LIABILITIES In DDllar.
(DD nDt Include Aaaeta Df dDUblful value) (Omit Centa) (Omit Centa)
Cash on hand and in banks - list on Schad. F 47 991 00 Notes payable 10 Financial losUlutlons
Securities. List on Schad. A L1sl Dn Sched F, 60,000 00
Securities held bv broker In maroin accounts 74 291 00 Accounts and bills due. Sched. B. -0-
Aestricled or control stocks 442 80( 00 Unpaid incDm. tax -0-
Accounts, Loans and Notes Receivable. Other unpaid taxes and interest -0-
USI Dn Sch.d, C, 499 90( 00 Real eslat. mDrtgageS payable. Ust Dn Sched, 0 50,000 00
Real Estate Owned. Ust or. SCned. 0 2 J61,300 00 Other debts. ilemize
AulDmDbiles and Dth.r p.rsDnal prDPerty 0-
Cash value.life insurance. Ust on Sched. E 10 OO( 00
Other assets. Itemize -0-
TOTAL LIABILITIES 10 000 00
NET WORTH 3,1 )20,289 00
TOTAL ASSETS 3 336 , 28~ 00 TOTAL LIAB AND NET WORTH 3 36289'00
SECTION 4 . APPLICANT INCOME AND RELATED INFORMATION 1f-s.ctIDrHHa-complotod-provldrf, .....,.
tor yeer ended December 19 87 Into~n JoInt Applicant or other party for yea~~
Salary $ 67,689.00 Salary, bDnuses & ClrmmissiDns .,...-f
DiYidends Ilnleresl $ 223 226.00 Divld.nds I lnlerest ............... '~ $
Real estate income $177 735.00 Real .slale incDme ~ $
Other income {Alimonv, child support, or separate maintenance Other income (Aljmonv~sUDDOrt or se~ maintenance
income need not be revealed if vou do not wish to have it '.'" income need n.oH1ii'revealed I( you do not wish to &\ta it
considered as a basis for repavlnQ this oblioatlon) $ .'. cDnside<etfOs a basis fDr repaying Ihis DbllgatlDn) $ -...........
' TOTAL $468 650.00 i J:e1'AL $ ...........
CONTINGENT LIABILITIES
: As Endorser, co-maker or Quarantor? "" $600 OOO.OO~ Olher special debt $ -0_
: On leases or contracts? $ -0- Amount of contested income tax liens $ -0_
Legal claims $ -u- Olh.r fd.scrib.l $ =0-
**Based upon lartnership assets and collateral, such guarantees are not
considered ikelv to result in any liabilities affectin2 this statement,
PERSONAL INFORMATION
DD YDU have a will? Yes ~nJ.rley ND, DI d.pend.nls -0-
It SD, name Dt executDr p" 1 n"~
Are you a partner or officer in any other venture? If so, describe Income tax settled through (date) ,1'<1117
See attache" r""l L , 1 ;~,.
Are you obligated to pay alimony, child support or separate- Are you a defendant in any suits or legal actions? NO
maintenance payments? If so, describe
No.
Have yeu ever been declared bankrupt? In the lasl 14 years?
NO
It so, describe
(FORM CONTINUED ON REVERSE SIDE)
,)MR_I'\MR PI'" l'JII"":;
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SCHEDULE A . SECURITIES
Number of Shares Are These Market
or Face Value (Bonds) Descripllon In Name 01 Pledged? Value
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SCHEDULE B . ACCOUNTS & BILLS DUE
Account' Creditor In Name Of MO,Pmt.
NONE
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SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amount Dale Payment
Name of Deblor Owing Age 01 Debt Purpose of Borrowings Description 01 Security Held Expected
Rabbit Hollowe Land b62 000 Related Business
FeIner Construction 22 600 Related Business
FeIner D~velonment Corn 15 300 Related Business
SCHEDULE 0 . REAL ESTATE OWNED
Address &. Type %01 Date Market Mortgage
01 Property Mortgagor Ownership Acquired Cost Valu. ealance Mo. Pm!.
SEE A'ITACHED S rHEDULE
SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name of Owner Of Face Policy Cash Surrender
Insurance Company Policy Beneficiary Amount Loan. Value
Aetna Jav FeIner Shirley FeIner 50.000 -0- 9,949.34
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
Type of AmI. Owing Maximum Mo, Collateral (If Any)
Name of InslilUlion Account II OWnership On Deposit On loan! Credit Pmt. A Type of Ownerinlp
Credif Accts. Une
Equity Bank 1000509-00002 Note $ $(SO 000 1,700 Promissory NotE
Enuitv Bank 001-0002421 26 576 Checkino Acct.
Eouitv Bank 010-2003076 10,908 IBFkiM Acct.
Enuitv Bank 010-1015253 103,965
1st Commercial of P 10101898100 6,540 CheckinQ Acct.
Cash on Hand $
Total Due $ 60 nnr
Other or continued peninenl informalion you wish to provide:
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEOGE that the Inlormatlon contained in Schedules A Ihrough F 10 this Personal Financial Statement is true and correct to the best 01 my knowledge.
Any interest I may have or her..ner acquire In the assets designated therein as being individually owned by my spouse II hereby subordinated 10 you for any Indebtedness
owing 10 you directly or indirectly by my spous..
Signature of Applicant's Spouse Date
The information contained in this statement Is provided for the purpose of obtaining, or maintaining credit with you on behalf on the undersigned, or
persons, firms or corporations in whose behalf the undersigned may either severally or jointly with others, execute a guarantee in your favor. Each
undarslgned understands that you are relying on the Information provided herein (including the designation mede as to ownership of property) in deciding
to grant or conlinue credit. Each undersigned represents and werrants that the information provided is true and complete and that you may consider
this statement as continuing to be true and correct until a written notice of change Is given to you by the undersigned, The undersigned alao agre.s
to notify the lender Immediately In writing of any significant adverse change in such financial condition. You are aU,thorlzed to make alllnqulrl81 you
deem nec.ssary to verity t curacy of the statements made herein, and to determine my lour creditworthiness. You'ar. authorized to answer ques-
tion. about your credit perl nc. with I us. I understand that you will retain this application whether or not It Is approved.
Signature (Individual) Signature (Other Party)
S,S, No, 349-18 3-17-27 S,S, No, Date of Birth
Oat. Signed ,19 rF''' Oat. Signed , 19
>e
(TO BE COMPLETED BY THE LOAN OFFICER)
Amount of Loan Request: $ Terms ot Repayment Grade:
Primary Source of Repayment
Secondary Sourc. of Repayment
Purpose of loan:
It to be Secured, Describe Collateral .,...
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SCHEDULE A
INVESTMENTS IN PARTNERSHIPS OWNING REAL AND
PERSONAL PROPERTY SUBJECT TO NET LEASES AND REAL ESTATE
* INVESTMENTS IN PARTNERSHIPS OWNING REAL
AND PERSONAL PROPERTY SUBJECT TO NET LEASES:
29-31 Associates $ 51,900.00
PTR Co. 3,500.00
Grace & Waring Venture 89,300.00
Grace & Waring-HRF 19,600.00
Kingsbridge Realty 16,000.00
Lincoln Associates 9,800.00
Dry Harbor Developers 85,000.00
Pelham-Laconia Developers 1,000.00
Lovely Hills Developers 3,200.00
Patchoque 23,800.00
Hutton Developers 100.00
Willoughby Venture 44,600.00
New Brighton Development Co. 8,500.00
River Manor Associates 2t' , 300.00
Queens-Nassau N.H. Development Co. 5,400.00
Sagamore Associates 28,600.00
Lockwood Associates 58,800.00
Goldfel Organization 594,900.00
Susquehanna Nursing Home 400,000.00
$1 ,471 ,300.00
REAL ESTATE-PERSONAL
Personal Residence, Delray Beach 650.000.00
Less mortgage thereon 250,000.00
400,000.00
Residence owned (unemcumbered) -~Q.!.QQQ.:.QQ
$440,000.00
* Amounts stated above reflect Mr. FeIner's percentage
of ownership.
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Jay FeIner , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public, State of
My Commission Expires: 1990
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PERSONAL FINANCIAL STATEMENT
(andfor Loan Application)
AS OF JANUARY 23, 1989
BANK OFFICE:
IMPORTANTI Re.d the.e direction. before completing this St.tement
. Ii you are applying for individual credit in your own name and are relying on your own income or assets and not the income or assets
of anolher person as the basis for repayment of the credit request, complete entire form except Section 2 and 5,
. If you are applYing for joint credit with anOlher person, complete all Sections providing information In Section 2 about the joint apphcant,
. If joint applicant(s) income and financial condition are not reported on this form in Sections 3 and 5, etc" lhey should complete a separate
Personal Financial Statement.
, If you are applying lor individual credit, but are relying on income from aiimony, child support, separate maintenance, or the income
or assets of another person as a basis for repayment of lhe credit request. complete ALL Sections, providing information in Section 2
about the person whostd alimony, support, or maintenance payments or income or assets you are relying on.
. It your spouse is not a.:plying jointly but has an interest in any of the assets described in this statement, obtain the signature of that
spouse on the reverse u'lder "Acknowledgement of Spouse",
, ilthis stalement relates to your guaranty of the indebtedness of other person(s), firm(s) or corporation(s), complete entire form except
Section 2 and 5,
. If application is bein 1 made for a loan, indicate: 5 256 Apa,tment Units
Amount of Loan $ .5_,588,400 Term2 yrs.+ V r ~. Purpose of Loan
(If Secured, Describe Collateral)
-- .
SECTION 1 . APPLICAJ\:: INFORMATION (Type or Print) SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name F",.nri < P IkA1onan, llr. Name
Residence Adejress 1(n1 NIJ ~+h a""no,,' Residence Address
City, Slate & Zip DeJr.v ~"'rh FI City, Slale & Zip
Posilion or OCcuo~ion FXPC:llt; VP Inpvp loppr Position or Occuoalion
Business Name _ SilO Tit 1 1" R. ah. rn Business Name
Business Address 40?0 57th .::'vpnllP S_ Stp 101 Business Address
Crty, Stale & Zie I .k" Flnrirl. <<4h< City, Slate & Zip
Res, Phone ?7?_-i~h< E:lus. Phone ah4_nRRR Res. Phone Bus. Phone
Nearest Relative W G. McA10nan 11f~~thnJ~p
Not hvino with Me n.
Address Allowav. ,NJ I Ph~n!60q_76q_44R7
SECTION 3 . ST A TEMP'T OF FINANCIAL CONDITION AS OF ,19
AI.I,Jtl In DoUar. LIABILITIES In Dolla..
(Do not Include Alae. ~~ or doubtful value) (Omit Cenll) (Omit Ctlnll)
Cash on hand and In bank.,;. . List on Sched. F 11? Innn Notes payable to Financial Institutions
Securities. Ust on Sched. J ~ h hnn List on Sched F.
Securities held bv brol:er in. ,"arain accOlmts I Accounts and bills due. Sched. B. 1<7 ;nn
Restricled or control 51: cks 1<;0 noo Unaaid income tax
Accounts. Loans and f\('tes Receivable. Iili hnn Other unaaid taxes and interest
List on Sched. C. Real eslale monoaoe. oayable . Li.t on Sched, 0 439 000
Real Estate Owned. Lis'. on Sched. D 1R? hnn Other debts . itemize
Automobiles and other O\)~'sonal orooertv
Cash value.life insurance -..!..ist on Sched. E
Other assets. itemize
\1~."^'" i n+""'''<t.~,;' .nrl
O",nTH ~h,,,,inn ,'l.n" 45 )00 TOTAL LIABILITIES 576 000
:p, ?Ii )nn NET WORTH 1 <00 000
TOTAL ASSETS 1 a7~ 10n TOTAL L1AB AND NET WORTH 1 a7<: nnn
SECTION 4 . APPLICAm INCOME AND RELATED INFORMATION SECTION 5 . II locUon 2 II complat-.l provlda Incoma and Ral.t.d
lor vear ended Decer~~er 31 1988 Inlorm.tlon on Joint Applicant or oth.r ...tty lor y.ar ._
19
Salary S 85 000 Salarv, bonuses & commissions S
Dividends I Interest S 15 000 Dividends Ilnteresl S
Real estate income $ 199 600 Real eslate income S
Other income lAlimonv . child suaDQrt, or seaarate maintenance Other income lAUmonv. child Iunnttrt or seDarale maintenance
income need not be re~ealed il vou do not wish to have it income need not be revealed if vou do not wish to have it
considered as a basis f\~. repayinq this oblioation\ $ 16.000 con.idered a. a basi. lor reoevlno this obllaltion) S
TOTAL S 315.600 TOTAL S
CONTINGENT LIABILITIES
As Endorser co.maker or ouarantor? $1 77n nnn Other seeclal debt S
On leases or contracts? S Amounl of contested income tax Iiena S
Leoal claim. S Olher Ide.cribal S
PERSONAL INFORMATION
a rlCla No, 01 d....nd.nt. 1
Income tax setlled through (dale) 1?/11/R7
re y u Obligated to pay alimony, child support or separate Are you a defendant in any suilS or legal actions? yes
maintenance payments? If so, describe
No counterdefendant re: Note receivable from Eis er
Have you ever been declared bankrupt? In the last 14 years?
No
II so, describe
(FORM CONTINUED ON REVERSE SIDE)
..2608-000-8 Rev. 8/86 .
SCHEDULE ^ . SECURITIES
~~;~;-;;;;;-I At, Th'N M'rk'l
or Fate Value (Bonds) DescriptiOn In Name 01 P1odgod7 Vatu.
I lnt~ '0 ...~nft^ oolT nn Ii nnn
LOdd
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SCHEDULE B . ACCOUNTS' BILLS DUE
ACCOun,_ Creditor In Nam. Ot Mo. Pmt.
I
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
: I Amount C"'crlptlon of Security H,kf Oat. Payment
I Name 01 D.blor Owing Age 01 eebt Purpose 01 Borrowings Expected
I ' ,
I~~:~n F;:~~~nv" , ;~:~~1 ~ :~: I ~~~~ ~~~;~:ti on) ~""l;pn " 11 loa
N/ft
'lon~
SCHEDULE D . REAL EST A TE OWNED
I Address & Type ~OI Oalt Mant" ,'l,jo.r1glg.
i 01 Property Monoagor Ownership Acquired COlt Valut e,lane, Mo. Pml.
,
<:1=1' IIII'
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SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE ,
N.m. of Owne, Of Flee Policy Clan Surrender
Insur.ne. Company Policy B.neficiary Amount lOin. V.lu.
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
AmI. Owing Mulmum Mo, CoII.tt,al (If Any)
On LOIn! Credit Pm!. & Type 01 OWn.r.hiP
Credit Acct.. lln.
S .
Cash on Hand
T01II Du. S
Other Or conlinued pertinent Informalion you wish to provide:
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE Ihallh. inlormatlon contained in Schedul., A Ihrough F 10 Ihi, Parsonal Financial Stat.m.ntl, true .nd correct 10 Ih,. bell of my knowitdg..
Any inl.r.1I1 m.y h..... or her..".r acquir. in the 'f"I'th'ignj\ed Ih.r.in II 'ti,ng Indiritally OW'hd by my S90Ud. 1I ~.b'~ tu~dlrg~ to A)U lor .~ :'f'bl'dn'lf:
ow;ng 10 you olrlOlly '" ono.lOlly by my lpoUll, WI t e excep 10n 0 my omestea, Co ,'Ie... e ray each ,FI
Signalure 01 Applicant'1 spouse Oala
The inrormation contained in this statemenl Is ovid or Ihe purpose of obtaining, or maintaining credit wilt. you on behali .:tn the undersigned, or
persons, 'irms or corporations in who.. b II the 1:, dersigned may 'ither severally or jointly with others, eX6Cut, . gUlrt"te, in your favor. each
undarslgned undarslandslhal you are ~ ng on I~ nlormatlon provided haraln (Including Iho doslgnation made !IS to ownorst,ip or properly) In deciding
10 grant or continue credit. each und signed r resents and warrants that the Information provided Is true and complete and that you may con.lder
Ihl. s"'emonl al conllnving to bo ~e and unlll a wrlnen nollce 01 change Is given 10 you by Iho undersigned, Tho undoralgned also agre..
to notify the lender Immediately In :lUn I slgnlUcant Idver.. change In auch financial condition. You are authorized to make alllnqulrlel you
deem necessary to v.rlfy the accuracy It.m.nta made herein, and to determine my lour cr.dltworthln.... You are &ulhorlztd to ansnr qu....
tiona about your credit experience s, I undorsland Ihal you will relaln this appllcallon wholher or nol II Is approved,
Slgnelure (Olhor Party) -
S,S, No, 5,5. No, D810 of Blrtb
Da" Signed , 19 Dale Signed - , 1i
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(TO BE COMPLETED BY THE LOAN OFFICER)
Amount of Loan Request: S Torml 01 Ropaymenl Grado:
Primary Source 01 Ropaymonl
Secondary Source 01 Ropaymonl
Purpose 01 loan:
II to be S.cured. D.scrlbe Colllllrll
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Francis R. McAlonan, Jr. , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public, State of
My Commission Expires: 1990
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PERSONAL FINANCIAL STATEMENT
Q (andfor loan Application)
anK
BANK OFFICE:
IMP,ORTANT: Read these directions before completing thIs Statement
. If you are applying for individual credit in your own name and are relying on your own income or assets and not the income or assels
of another person as the basis for repayment of the credit request, complete entire form except Section 2 and 5,
. If you are applying for joint credit with another person, complete all Sections providing information in Seclion 2 aboutlhe joinl applicant.
- If joint applicant(s) income and financial condition are not reported on this form in Seclions 3 and 5, etc., they should complete a separale
Personal Financial Statement.
. If you are applying for individual credit, but are relying on income from alimony, child support, separate maintenance, or the income
or assets of another person as a basis for repayment of the credit request, complete ALL Sections, providing information in Section 2
about the person whose alimony, support, or maintenance payments or income or assets you are relying on,
- If your spouse is not applying jointly bul has an interest in any of the assets described in this statement, obtain 'the signature of that
spouse on the reverse under "Acknowledgement of Spouse",
. If this statement relates to your guaranty at the indebtedness of other person(s), firm(s) or corporation(s), complete entire torm except
Section 2 and 5,' ,
. If application is being made for a loan, indicate: S 256 Apa!'tment Units
Amount of Loan $ So. SAg. 400 Term 2 yr,c:;.+ y r sRurpose of Loan
(If Secured, Describe Collateral)
SECTION 1 . APPLICANT INFORMATION (Type or Print) SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name ,.... (' 1>~~~ Name 'M~_~~' , ~ ^,'~ 1>~~~
Residence Address ,,,",," " . ^ _'- ,_ T ~~ ~ Residence Address ,? ~ ,; ~ 1'\ " 1, ,~ '
City, Stete & Zip '1>~~~< "', "'>1,., " Citv, State & Zio 1>, ...~_ 1>~~ ,< "., ,'vi.,,;
Position or Occupalion -Gen~a.~nt~aG-tor_,____.____, . P<:,silion or OCcu~lIon. Housewife
Business Neme R r -ii~~n rn_n -;::'" ];'1 Business Name >.'1 A
Business Address ,;~~~ ~~ Business Address
City, Slate & Zio '""mo "Q ,,}, Cltv, State & Zip
Res, Phone 407_haA_~AnA Bus, Phone 407_7':l?_?q':l ;Aes. Phone 8us. Phone
Nearest Relative M",.; I ~~ationship
Not IiviM with Me . '" RnnQ
Ad~~~,!.!~~~lc~~s t" .,;", "I P~~n~ n ~ n MM ,19];1
SECTION 3 - STATEMENT OF FINANCIAL CONDITION AS OF "~~~~,, ,_ ':l
Alletl In DoUa,. LIAelLITIES In OoUar.
(Do not Include Alletl of doubtful value) (Omit Centa) (Omit Centl)
Cash on hand and in banks. List on Schad. F ., l'A1 Notes payable to Financial Institutions
Securities. list on Sched. A 104 208 List on Sched F. N/
Securities held bv broker in marQin accounts MI A Accounts and bills due. Sched. 8. 4R lR7
Restricted or control stocks ?7~ IL..A7 Uncaid income tax -- ----
Accounts, Loans and Notes Receivable _ Other unoaid taxes and. interest --- ----
List on Sched, C, ?';1 ann Real estate moltoaoes oayabla . List on SChed, D a~L.. In~n
Real Estata Owned. List on SChed, D ~7A n()n Other debts. itemize
Automobiles and other oersonaJ Drooertv
Cash vaJue.life insurance. List on Schad. E ,? ~~7
Other assets . itemize
Ip ,1 , T 1" ?7 non
TOTAL LIABILITiES 1 .OO? ?,7
NET WORTH , ?RO ?o,;
TOTAL ASSETS 12 ?A? 1'i33 TOTAL LIAB AND NET WORTH 2 282 533
' SECTION 4 - APPLICANT INCOME AND RELATED INFORMATION SECTION 5 . II lactlon 2 10 completed provide Income ond Rolotad
tor year ended n -. ,1 19 All Inlormatlon on Joint Appllcont or othor potty lor yur ondad
19
Sala'" $ j, ~ nn() SalaN, bonuses & commissions $ N/ A
Dividends I Interest $ l?OOO Dividends I Interest $ ----
Real estate income $ 1,1> ROn Real eslate income $
Other income (Alimonv. child SUDoort or seoarate maintenance Other income lAlimonv. child SUDcort or secarat, maintenance
income need not be revealed'if vou do not wish to have it income need not be revealed if vou do not wish to have it
considered as a basis for repaylno this oblioatlon) $ consldared as a basis for repaYlno this oblioalionl $
TOTAL $ '0., Q()n TOTAL $ N/A
,
CONTINGENT LIABILITIES
As Endorsar co.maker or quarantor? ( Corn, ') $ 304 000 Olhar special debt $
On leases or contracts? $ Amount of contested income tax liens S
LeqaJ claims $ Other ldescrlba\ S
PERSONAL INFORMATION
No. of dependenls 1
J me lax selllad through (data) 12-31-88 "
Are you a defendant in any suits or regal Bellons? No Jr"
l1Q... 'G'1r
Have you ever been declared bankrupt? In the last 14 years? 0 ........~. .-,*'~' ,
"h''''''~ ~
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If 80, describe . ,.... /;:t:;.~. " l;" :.'*"
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SCHEDULE A . SECURITIES
Number 01 Shares Are The.. Mark.,
or Face Value (Bonds) Description In Name 01 Pledged? Value
SCHEDULE B . ACCOUNTS & BILLS DUE
Account' Creditor In Name Of Mo. Pml.
1860224011 Boos 2 0.00
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amount Dall Payment
Name of Deblor Owing Age 01 Debt Purpose of Borrowings Oescrlption 01 Security Held Expected
Torr
i
SCHEDULE 0 . REAL ESTATE OWNED
Addle.. & Type .. 01 Oall Mutee, MOt1gage
Of Property Mortgagor Ownership Acquired CoIl Value Salane, Mo. Pml.
SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name 01 Owner 01 Face Policy Cash SUfI,nde,
Insurance Company Policy Beneficiary Amount Loans Value
R,,~ r " - M__, ,11 - u. 7'in nn ----- 117 'i'i7
SCHEOULE F - CASH IN BANKS ANO LOANS OUE TO FINANCIAL INSTITUTIONS
Type 01 Ami. Owing Maximum Mo, Colla",al (it Any)
Name 01 Institution Account /I On Deposit On Loa'" Crodll Pmt.
Ownership Credit Aceta. Un. & Type 01 Own.llhip
Sun Bank Per 0268004030932 $ 528. $
Sun Bank Rental 0268004138138 923.
Sun Bank MAE 0489002000153 1517
Shear"",., L
817 60737 1Q Dm 1'iQ
Cash on Hand ~,R1
Total Due $
Other or continued peninent information you wish to provide:
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE that thl In'ormation contained In Schedules A through F 10 this Personal Financial Stat.m.nt I. true and correcl to the best of my knowledg..
Anylnl.rl. I may ha.... ot hlreaft.r acqulr. In th. ....1. d"lgnated ther.1n u being individually owned by my 'POUI. II herebr ~dlnat.d 10 you lor Iny ind.bt.dn.H
o~u dlrtc1ly or IndlrOCnmy sPO'\)l} /-/7-;;.,
~.. .J ~,,___ _ - - L./" ,
Slgnat a ot Applicant's Spouse Dal.
Th. Informsllon conlalned In this stat.m.nlls provided for the purpose of oblaining, or mslntslnlng credit with you on b.hall on tho und.rsign.d, or
persons, firms or corporallons In whose b.halt the und.rslgned may .lIh.r s.v.rally or jolnlly with oth.rs, .xecut. a guar."t.. In your Isvor, Each
und.rslgned und.rstands thaI you are r.lylng on tha Informallon provided h.r.ln (InclUding Ih. d.slgnallon mad. sa to own.rship of property) in d.ciding
to gr.,,1 or conllnu. credit, Each und.rslgned r.pr.s.nls ."d warranls Ihallh. Inlormsllon provld.d Is true ."d compl.t. ."d Ihal you may con.lder
Ihla stat.m.nt sa continuing to b. Iru. and correct unlll a writt.n nolle. of chang. Is glv.n to you by the und.rslgned, Th. under"gned al.o ag""
to notify Ih. I.ndar Immedlat.ly In writing of."y algnlflcant adv.ra. chang. In auch ""."clal condlllon. Vou ara aUlhorlZed 10 make a1llnqulrlll you
deem nec.aaary to varify Ih. accuracy at the aI.t.m.nts mad. h.r.ln, ."d 10 d.l.rmln. my lour or tworthln..., Vou art aulhoriztd 10 ",ow.r qUII-
lion. about your credit .x ~ with I understand thai you will r.tsln Ihl. appllcallon hathar or not II Is app~ Jd
~/ ... ~~
Slgnalur. (Individual) Slgnalur. ~/'9;.r P~ _ Q: < . I '. .
S,S. No, ~ Oat. of Birth .3 - -Z1 -.:3 '1 S,S, No, ~ - -..s 'I 1/ Oat. of Birth 9 -,;/..y -.;i '7
Oat. Signed /-/7 - ij ,19 Dal. Slgn.d 'i-I 7 - f'1 . ,19
/
(TO BE COMPLETEO BY THE LOAN OFFICER)
Amount of Loan Request: $ Terms ot Repayment Grade:
PrlmlU}' Sourc. 01 R.paym.nl
Secondary Source at R.paym.nl
Purpo.. of 10.,,;
It 10 be Secured, Dascrlb. Collat.ral
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R. C. Boos Construction, Inc.
Balance Sheet as of March 29, 1988
ASSETS
Current Assets:
Cash In Bank 19,000
Receivable from Billed Work In Process 12,000
Total Current Assets 31,000
FIxed Assets
.
Auto and Trucks 51,304
Office Furniture and EqUipment 7,300
MachInery and Equipment 2,795
Accumulated DeprecIation -56,940
Total Fixed Assets 4,459
Work In Process - Private Residences 10,000
Work In Process - Pine Hollow 194,000
Condominium Units at Delray Place (3) (50%) 90,000
Developed Land at Delray Place (50%) 90,000
Total Real Estate Related Assets 384,000 ,
I
Total Assets 419,459
==--------
!
LIABILITIES
Notes Payable on Pine Hollow , 109,972
Notes Payable on Delray Place (3 Units) 59,500
Notes Payable to Roger and Marcella Boos 220,000
Total Liabilities 389,472
---=-.-...
STOCKHOLDER'S EQUITY
Capital
Capital Stock 1,000
Retained Earnings 28,987
Total Stockholder's Equity , 29,987
=========-
Total Liabilities and Stockholders Equity 419,459
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Roger C. Boos Corporation of Florida
Balance Sheet as of March 29. 1988
,
ASSETS
Current Assets:
Cash In BanK 5,000
Total Current Assets 5,000
Linton Forest Joint Venture (50%) 195,000
COndominium Units at Delray Place (3) (50%) 90,000
Developed Land at Delray Place (50%) 90,000
Total Real Estate Related Assets 375,000
Total Assets 380,000
..=.....==:
LIABILITIES ,
, "
Notes Payable on COndominium Units (50%) , 59,500
Note Payable Linton Forest (50%) 75,000
Total liabilities 134,500
_==s_=-_===__
STOCKHOLDER'S EQUITY ,
Capital
Capital StocK 1,000
Retained Earnings 244,500
Total StocKholder's Equity 245,500
==_.=:s_=___
Total liabilities and StocKholders Equity 380,000
==========
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Roger C. Boos , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public, State of
My Commission Expires: 1990
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tQ PERSONAL FINANCIAL STATEMENT
(and/or Loan Application)
BANK OFFICE:
IMPORTANTI Reed the.e direction. before completing thl. Stetement
. If you are applying for individual credit in your own name and are relying on your own Income or assets and nolthe income or assets
of another person as the basis for repayment of the credit request, complete enlire form excepl Seclion 2 and 5,
. If you are applying for jOinl credit with another person, complete all Seclions providing informalion In Seclion 2 about the joint applicant.
. If joint applicant(s) Income and financial condition are not reported on this form in Seclions 3 and 5, etc" they should complete a separate
Personal Financial Statement.
- If you are applying for individual credit, but are relying on income from alimony, child support, separate maintenance, or the income
or assets o( another person as a basis for repayment of the credit request, complete ALL Seclions, providing informalion in Seclion 2
about the person whose alimony, support, or maintenance payments or income or assets you are relying on,
. If your spouse is nol applying joinlly but has an interest in any of lhe assets described in this statement, obtain Ihe signature of that
spouse on the reverse under "Acknowledgement of Spouse",
. If this statement relates to your guaranty of the indebtedness of other person(s), firm(s) or corporalion(s), complete enlire form excepl
Seclion 2 and 5,
. If applicalion is being made for a loan, indicate: 5 256 Apartment Units
Amount of Loan $ ~,~RR, 400 Term 2 vrs.+ v r SPurpose of Loan
(If Secured, Describe Collaleral)
SECTION l:APPLICANT INFORMATION ~. or PrinJl SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name ~aul .IIlCnara ~rau~lgan Name
Residence Address 28// S.W. 2nd Street Residence Address
C!!x..Stat..&Zip uelray.~eacn. rlOrlua .)'>'1'10 C:Uy, Stat. & Zip
PosilionorOCC'!flalion Jlrchltect / f'reSlde~:.. Position or OCC~t1on
Busin.ss Nam. GmJOP-JlRCH II eCTURe SOU I H ;-rNL. Business Name
Busin.ss Addr.ss _/jU .'Jep~venue -'-- Business Address
C:!!l, Slat. & Z~ ~~ray ~ea~, r 10rloa. :''''1'1'1 City, Slat. & Zip
R.s, Phon. ~UI.l~"-~. Bus, PhOn~'I\".l2'.'~ Res. Phone Sus, Phon.
N.ar.st R.laliv. 'h i 1 R"/I8't'1f~lp
Not livi~wilh M. ~,art a Braut gan
1f8~.s~R #1\ Long Pond, PA n"7) 646-7410
SECTION 3. STATEMENT OF FINANCIAL CONDITION AS OF ,18 RIl
A...'I In DoIII,. LIASILITIES In DoIII,.
(Do nol Includl Aloetl 0' doubllul vllul) (Omit Conll) (Omit Centl)
Cash on hand and in banks - list on Scheel. F ~~ Notes payable to Financial lnslltutlons ?? ,5n!) on
Securities. list on Sched. A List on Sch.d F,
Secui'ilies held by broker in margin accounts Accounts and bills du., Sch.d, B, . ,~'-''' '"
R.strictad or conlrol stocks U~ld incom. tax
Accounts, loans and Notes Receivable. Other unpaid taxes and interest
Lis' on Schad, C, 46,2~f 00 R.al .slal. mO~~abl. . List on Schad, 0 ''l' ,-,."" 1"-'
R.al ESlat. Own.d . Lis' on Sch.d, 0 ~D~L'II~J Other debts. itemize
Automobil.s and O'h.~sonal prop.rtv a,lJUlj U!I CREDIT I.API':) ",~"" I'll
Cash valu..,ifl Insuranc. ; List on Schad, E
Other assets. itemize
33% R.H. JONES CONSTRUCTION COR ~5,(I0 ,Ir]
100% GROUP JI,RCHITECTlJRE S(lUTH 200,00 00 TOTAL L1ASILlTIES 1,'" ,~,'" . ",
NET WORTH n,:.",;-.-, ..:'."
TOTAL ASSETS 955 45 00 TOTAL LIAB AND NET WORTH L":>~ ,'101 '.'11
SECTION 4. APPLICANT INCOME AND RELATED INFORMATION SECTION 5 - II IOCllon 2 II complllld provldl Incoml Ind Rlrltld
December 88 Inlonnlllon on Jolnt Appllclnl or othlr Plrty lor Yllr Indld
'o~..r ended 18 18 ...:
S.I~rv S 75 000.00 S~, bonus.. & comml.sion. S
Dlvid.nds Ilnt.re.1 S Dlvid.nds Ilnt.rlS' S .
Rearestate'lncome' ",,1/.,,; ~ ";,-,' ~':' 'lI.,nJ 1'- 111'~m ',_ I; S 6 000.00 R.al ..Iall Incom. " s
oiher 'Income~lImo!!i child 's~ 'or ~.rat. mllnl.nlnc. Oth.r incom. fAllmony, child SUPPOrt or .~lrltl mllnt.nl/1Cl ~
Incoml nl.d not bl rev.lled I~ do not wish to hlv. II income need not be revealed l~ do not wish 10 hive It
conslder.d as a b.sl. lor r~!1ll this Obllg.t1011j S consid.r.d a. I b...l. lor r~!1ll'hls obpgll/oID S
TOTAL"._.,.., ,", ",.' $81.1Il1n.nn TOTAL S
't.' ~~,,,"d 'uov IT; (:;;11:' ., ,....~ , " CONTINGENT LIABILITIES
' ..f,......._,..,.l, -'--
As Endorser co.-maker or. guarantor? o. S O'h.r ~eclll d.bt S
On I...... orcOntrlcts? , $ Amount of contested Incom. tax nen. S
~a1 cia"",, S Olher -1!l.scrlbl) S
- P~SONAL INFORMATION
Do you hlv. a will? -,'0 ',,' II .0, nlm. 01 .xecutor No, 0' d.pendenls N/A
11! tfu "!clrln.r "t ~W::1:' In eny ~ner venlur..,I, 10, d.scrlbe Incom. till S.III.d Ihrough (dl'.) 111117
. . ones ons. orp.
Arl you obllgltlo '0 PlY ~"mony. cn~'" SUpport or S"P""'" Are you a defendant In any suits or regal actions? Nn
maintenance payments? If so, d.scrlbe
No
Have _ you ~ver been declared bankrupt? In the last 14 years? 110
" .0, d.scrlbe
(FORM CONTINUED ON REVERSE SIDE)
4-2508-000-8 Rev. 9/86
SCHEDULE A - SECURITIES
r---
Numbs' 01 Shares Are Th... Mark't
or Face Value (Bonds) Oescriplion In Name Of PIedgod? V.lue
t=:= ..
SCHEDULE B . ACCOUNTS & SILLS DUE
Account' Creditor In Name Of Mo. Pmt.
Stt II IllIel ~tU
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amount Date Payment
Name of Deblor Owing Age of Debt Purpose of Borrowings Description 01 Security Held Expected
GROUP ARCHITECTURE SOUT 30 000 CAPnAI C;TnrK !;/RQ 'l!
DEL RAY BCH. R.R. DEPOT 17 45" Dl'lll I'~TllTI' 6/R9 %
SCHEDULE D . REAL ESTATE OWNED
Address & Type %01 Dale Markel MortgaO'
01 Propeny Mortgagor Ownership Acquired Cosl Valu. e.lance Mo. Pm!.
DURAY BCH. R.R. STATION AI'ERICAN NATI(lNAL 31% P,7 197K BOnK ( n)
80 Deoot Avenue. Delrav
29 Acres/ 2 Houses N/A ~IJ~ !It) "/,u. !;RRK ( I?)
SCHEDULE E - LIFE INSURANCE CARRIED, INCLUDING GROuP INSURANCE
Name 01 Owner 01 Fie. Policy clsn Suu'Mer
Insuranc. Company Po/icy Beneficiary Amount LOins' Value
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
Type 01 AmI. Owing Mulmum Me, CoHallrel (It Any)
Name of Inslitulion Account .. Ownership On Deposit On Loan! Credil Pml. & TyPI' of OWner.htp
Credit Aceta. Uno
Il-apl ta I ~anK 'I III LneCKl ~ vane.
Cash on Hand S
~, Total Due .
Other or continued pertinent in'ormatlon you wish 10 provtde: PERSONAL PROPERTY
ART COLLECTION / Jewelry/Furniture 22,000.1)0
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE that the information contained in Schedule, A through F to this Personal Financial Statement I, true and conK! 10 the belt of my knowledge.
Any Inl....st I may hive or h,,..tler acquire In the ....1. dlllgn.led therein .1 being Individually owned by my IpOUH i. hereby aubordJnaled eo you 'or any indebt.dn...
owing to you dltectty or Indirectly by my lPOU".
, ; (. -
Slgnatura 01 Applicant'. Spou.. Date
The Information conlalned In Ihl. .tatemenll. provided for Ihe purpose 01 oblaining, or maintaining credit with you on behall on Iho undersigned, or
person., flrma or corporations In whose behalf the undersigned may either severally or jolnlty wUh othera, execute. guarantee In your lavor. Each
undersigned undoretand. Ihat you are ralylng on tha Information provided herein (Including the de.lgnallon mado as to own....hlp 01 property) In docldlng
10 grant or continua credit. Each undarslgned rapra.ant. and warrant. that the Information provided Ie true and completo and that you may con.lder
thle .talemont as contlnul to be true and correct until a wrlnen notice of change I. glvon to you by Iha undorslgned, Tho undarslgned 0110 agra..
to notlly Ihelandar Immed toly In writing of any olgnllleant advorse chenge In ouch Ilnanelal condition, You are authorized to mako oIIlnqulrlo. you
deom noconary 10 vorlly t accuracy of toment. made haroln, and to dalarmlne my lour cradltworthln..., You aro aulhorlzed to on.wer quo..
tlon. aboul your crodll o' Ion me I u., I undorstond Ihal you will rotaln thl. applleatlon wholhor or nOl II I. approved,
Slgnaluro (Individual) Slgnatura (Othar Party)
S,S, No, 266-90-82 Oota 0' Birth 411/51 S,S, No, Dolo 01 Birth
Dole Signed ,19 89 Dato Signed , 19
(TO BE COMPLETED SY THE LOAN OFFICER)
Amounl of Loon Roque.l: S Terms of Repayment Grad.:
Primary Sourca 01 Repoymonl
Secondary Sourca 01 Repoyment
Purpo.. 01 loan:
" to be Secured, Deoerlb. Colloleral
PERSONAL FINANCIAL STATEMENT:
P. Richard Brautigan
Itemized Liabilities
(Credit Cards)
1. LEVITZ FURNITURE $ 893 . 31
2. MASTER CARD 1,706.69
3. MASTER CARD 3,600.00
4. WHIRLPOOL ACCEPTANCE CORP. 1,200.00
5. SEARS, ROEBUCK & CO. 1,100.00
TOTAL: ,$ 8.500.00
"
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Paul Richard Brautigan , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public, State of
My Commission Expires: 1990
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PERSONAL FINANCIAL STATEMENT
Q- (and/or Loan Application)
SSun.
anK
BANK OFFICE:
IMPORTANT: Reed the.e direction. before completing thl. Stetement
. If you are applying for individual credit in your own name and are relying on your own income or assets and not the income or assets
of anolher person as the basis for repayment of the credit request, complete enlire form except Section 2 and 5,
. If you are applying for joint credit with another person, complete all Sections providing informalion in Section 2 about the joint applicant.
-If joint applicant(s) income and financial condition are not reported on this form in Sections 3 and 5, etc" they should complete a separate
Person at Financial Statement.
. If you are applying for individual credit, but are relying on income from alimony, child support, separate maintenance, or the income
or assets of another person as a basis for repayment of the credit request, complete ALL Sections, providing information in Section 2
about the person whose alimony, support, or maintenance payments or income or assets you are relying on,
-- If your spouse is not applying jolntiy but has an interest in any of the assets described in this statement, obtain 'the signature of that
spouse on the reverse under "Acknowledgement of Spouse",
- If this statement relates to your' guaranty of the indebtedness of other person(s), firm(s) or corporation(s), complete entire form except
Seclion 2 and 5, ' .
. If application is being made for a loan, indicate: " 5 v r .Purpose of Loan 256 Apartment Units
Amount of Loan $ 5.588.400 ,. Term 2 vrs.+
(If Secured, Describe Collateral)
SECTION 1 - APPLICANT INFORM A TION ITyos or Prinll SECTION 2 - JOINT APPLICANT OR OTHER PARTY INFORMATION
Name ~1ARK JEFFR~ Y SEMKu Name
Residence Address 800 N. E. Ilst Street Residence Address
Clly, Slate & Zio Boca Raton, Fl. 33'1!:S1 Citv, Slale & Zio
Position Dr Occupetion Archtecture/~ons'truC'tlCn Position or Occul'Iation
Business Name R.W. JONES I.lJN~IKUI.I1lJN ~UI{P. Business Name
Business Address !:SU Depot Avenue Business Address
City, Slale & Zip ue I ray Beacn, fl. 3J'I'I'I CUy, Slate & Zip
Res, Phone {'IU/} ':J':J/-I':JU~ Bus, Phone I jU~} '1,'O-'':J~1. Res. Phone Bus, Phone
Nearest Relative D Daniel Semko IR"diti9~~
Nollivino with Me r.
Adj!l'.f~ Chester Blvd. ~~~lft~7) 962_0521 ,
SECTION 3. STATEMENT OF FINANCIAL CONDITION AS OF ,19 "'"
A...'a In Dollars LIABILITIES In Dolla"
(00 not Include Asaete of doubtful value) (Omit Centl) (Omit Centl)
Cash on hand and in banks - List on Schad. F 71,20 00 Notes payable 10 Financial Institutions
Securities. list on Schad. A List on Sched F, 43,00, 00 '
Securities held bv broker in marain accounts Accounts and bills due. Schad. 8. ~,jbl .1IU
Restricted or control slocks UnDaid income tax
Accounts, Loans and Notes Receivable. 8,001 00 Other unoaid taxes and interest
Lisl on Sched, C, 245,50 00 Real eslale mortoaoes oavable . USI on Sched, D ~o~ ,lllll .UU
Real Estate Owned . List on Sched, 0 O.$!:S,UUI UU Olher debt. . itemize
Automobiles end olher personal property ':J,tlUI U(J I.nllO Support 1,'1UII.UII rr
Cash value.life insurance. List on Sched, E ~ ,UUI UU Auto Lease ~ ,0,1, .lJ\O
Other assets . ilemize !:SDat '1~ ,UUI UU
Antl ques I ~O II eC'tao I es J~ ,UU' UU
FUrnlShlngs / ~qulpmeD't 'I' ,UUI uu TOTAL LIABILITIES "'" ,,'v'f UU
Note uue Ke I a'tlveS-trelnus ~,ou' uu , NET WORTH UOI ,~J' uu
TOTAL ASSETS Il,UU~ , IJUU. f'tOTAL L1AB AND NET WORTH 1 005 30 00
SECTION 4 . APPLICANT INCOME AND RELATED INFORMATION SECTION 5 - If lectlon 2 II complatod provlda Incomo and Rolltad
for year ended December 87 Inlormltlon on Joint Applicant or othor plrty lor yo., ondad
19 19
Sela'" S o/,UUU. Salary, bonuses & commissions S
Dividends I'nlerest S '''.fiM Dividends I Interest S
Real estate income S 4 4n4 Real estate income S
Other income (Allmonv. child suooort or seoarats maintenance Other income (Allmonv. child SUDDOrt or SBDarate maintenance
Income need not be revealed ii vou do not wish to heve it income need nol be revealed If vou do not wish to have h
considered as a basis lor reDavina this obliaatJon\ $ considered as a basi. for renavino thll oblioatlon) S
TOTAL S ",UU'T. TOTAL S
,
CONTINGENT LIABILITIES
As Endorser c~maker or nuarantor? S Other special debt S
On leases or contracts? S Amount of conlested income lax Ilena s
legal dllm. " .. S Other {descrlbel S
--
PERSONAL INFORMA nON
Do you have I will? V'~t::. If so, name of executor No, of dependent. 2
.y~go'tg R~nr!'&~'t~B'ifr t'o~ ?t~e W'1!?1H"i fle~~'t ion Income lax sellled ,through (date) 1987
Are you Obligated to pay alimony, child support Dr separate Are you a defendant in any suils or legal acUons? No
maintenance payme~ts? It '0, describe yes CM 1 d Support
Have you ever besn declared bankrupt? In the last 14 years?
If 80, describe No
(FORM CONTINUEO ON REVERSE SIDE)
4-2608.000-8 Rev. 9/86
SCHEDULE A . SECURITIES
r Number /,,11 Shares Are The.. Ma"""t ,
I or :=ace Vallie (Bonds) Oescrjplion " , In Name 01 Pledged? Value
.
SCHEDULE B . ACCOUNTS & BILLS DUE
Accounll Creditor In Name 01 Mo. Pml.
'1"/
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amounl f""
Oal' Paymen
Name 01 Debtor Owing Age 01 Oebt Purpose of Borrowing. OelCriptlon of Security Held EXpecl8d
J.W; Pladl Desi n 6rDU urrent
6rou Architecture South
De 1 ray Beac R.R. Statio
Pan merican ssurance
SCHEDULE D . REAL ESTATE OWNED
Address & Type %01 Dati M_I Mortgag.
01 Propeny Mongagor OYfnership Acquired Coal Value ealancl Mo. Pml.
, "
SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name 01 Owner 01 Face Policy Cash Su".ndll
Insurance Company Policy Beneficiary Amount Loan. Vllu.
Ur. uanle I :>emKO oU,UUC'. -lJ- o ,u' 'U.
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
Type 01 AmI. Owing Maximum Mo, Collaleral (If Any)
Name of Inslilution Account tI OWnership On Deposil On Loan! Crodll Pmt. & Type of Owner.hip
Credit Accts. lin.
" "'''' D""~ vv.,~ uo r..D $50.000 $43 000 351. C.D.
Primp B"nk 0117993410 Mnnev k16 500
Prime B'nk 0117993411 Checkin 4 700
Cash on Hand $ 71 200 $43 ;:rrao
Total Out
Olher or continued pertinent information you wish 10 provide:
SEE ATTACHED
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE that the informalion contained In Schedules A through F 10 this Personal Financial Slatement il true and CQlreclto the belt of my knowSedg..
Any inlerllal may have or her..h.r acquite in Ihe luell deaton.led therein as being Individually owned by my spOUI. Ja hereby lubordinated to you fOf any lndabledn...
OWi~ 10 you directly or Indirectly by my lpoUII.
N A
Slgnatura 01 Applicant's Spousa Dala
The in'ormation contained in this ststemenl is proYided 'or the purpose 0' obtaining, or maintaining credil with you on behalf on the undersigned. or
persons, firms or corporations in whose behalf the undersigned may either severally or jointly with others, execute a guarantee in your fayor. Each
undersigned understands that you are relying on the In'ormation proYi harain (including tha daslgnation mada as to ownorship 01 proparty) In doeiding
to grant or continUI credit. Each undersigned represenls and war ts that the inlormation provided is true and complete and that you may consider
this slatomont as continuing to bo o and rrect until a wrltt otica 01 chango Is glvon to you by Ihe underalgned, Tha undarslgned alao agreas
to nolily tho londar Immodiatoly riting any significant a Irll chan In ouch financial condition, You aro authorized to make alllnqulrlea you
doem noeessSly to verily the cy he Italementl m heraln, a o datermlna my lour credltworthlnesa, You are authorized to anlwer quea.
tlons aboul your credit exp I w m I, I unde nd thai y.?~cetion whethar or not 1111 approved,
Slgnalure (Individual) Signature (Olher Party)
S,S, No, 288-46-0 25 1/51
5,5, No, Date of Birth
Date Signed January , 19 89 Dale Signed , 19
(TO BE COMPLETED BY THE LOAN OFFICER)
Amount 01 Loan Request: $ Terms or Repayment Grade:
Primary Source 0' Repayment
Secondaoy Source of Repayment
Purpoee of loan:
II to be Secured, Describe Collateral
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PERSONAL FINANCIAL STATEMENT OF!
Mark Jeffrey Semko
Item 31. - Other liabilities!
Cred It Cards Acct. , Balance
1. CIIOICE 50Bl192916768 $ 763.69
2. FIRST CMD 8125720222550 699.39
3- VISA - BANK I 4443824814998 731.12
4. M.C. - BMNETT 5413197004011973 914.06
5. VISA - BMNETT 4312700400002473 820.41
6. M.C. - SOCIETY 523312090069819 784.08
7. SEARS 7586409480770 1,089.62
8. N.C.G. 486055089 1,206.96
9. H.C. - CIIEVY CIIASE 52420040818113650 740.5U
10. Y ISA - CIIE VY CIIASE 4013 7 61 083990717 1,775.65
TOTALS! U.~j~,03
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Mark Jeffrev Semko , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
1
Notary Public, State of
My Commission Expires: 1990
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; Q PERSONAL FINANCIAL STATEMENT
(andfor Loan Application)
anK
BANK OFFICE:
IMPORTANT. Read the.e direction. before completing thl. Statement
. II you are applying for individual cradil in your own name and ara relying on your own Income or assets and not the Income or assets
of anolher person as the basis for repayment of Ihe credil requesl, complele entire form except Section 2 and 5,
. II you are applying for joint credil wilh anolher person, complete all Seclions providing Informalion In Section 2 about Ihe joinl applicant
-II joinl applicanl(s) Income and financial condition are not reporled on Ihis form In Sections 3 and 5, etc" Ihey should complete a separale
Personal Financial Statement
. II you are applying lor individual credit, but are relying on Income Irom alimony, child support, 'separate maintenance, or Ihe Income
or assets 01 another person as a basis for repayment of the credil requesl, complete ALL Secllons, providing Informallon In Secllon 2
about Ihe person whose alimony, support, or maintenance payments or income or assels you are relying on,
" II your spouse is nol applying jointly bul has an Interest in any ollhe assels described In this statement, obtain 'the signature of that
spouse on Ihe reverse under "Acknowledgement of Spouse",
- II this slalemenl relates to your guaranty of Ihe indebtedness of olher person(s), flrm(s) or corporation(s), complele enllre form except
Section 2 and 5,
. II application is being made fgr a loan, indlcale: 5 256 Apartment Units
Amounl of Loan $ 5.588. 00 Term 2 vrs.+ V r . Purpose of Loan
(II Secured, Describe Collaleral)
SECTION 1 . APPLICANT INFORMATION ITv08 or Printl SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name Jo nn IL LaSSer IY Name
Residence Address 954 Bolender Dr. Residence Address
Cilv, Slale & Zip Delrav Beach. Fl. 33483 Cllv, Slale & Zio
Position or OCCUDalion Sales Position or DecuDslion
Business Name Al pha Capital Servlces Business Name
Business Address flU uepot Avenue Business Address
Cilv Slale & Z~ Del ray Beach, ~ I. jj'l'l'l Cllv, Slate & Zip
Res, Phone ( U/) 2/2-0/9/ Bus, Phone (40/ )OZ-b!!UU Res, Phone Bus, Phone
Nearesl Relalive J W Casserly I fjIfg~'RMbip
NOI livina wilh Me M r s. .' .
Address /I, Y lifeelJDfl a r l, t. I Pff'6" - 481-5060
Cleveland Ohio
SECTtON 3 . STATEMENT OF FINANCIAL CONDITION AS OF Septeiii6er Z~, ,19 0
A".'I In DoUar. LIABILITIES In Dalla,.
(00 nol Includ. A..ell of doubtful value) (Omit Cenlll (Omll Centl)
Cash on hand and in banks. lisl on Schad. F -S-, UUU Noles payable 10 Financial Institutions
Securities. list on Sched. A 7, 500 L1sl on Sched F, 17, nnn
.Securities held bv broker in maraln accounts Accounts and bills due. Sched. 8. s, (Inn
Aestricled or conlrol stocks 'UnDaid income tax
Accounts, loans and NOles Aeceivable . Other unoaid taxes and inlerest
L1SI on Sched, C, Real eslale mortaaoes oavable . List on Sched, D Zt", "'!II
Real Estale Owned . List on Sched, D -:3'95': lJUu- Olher debls - ilemize De 1 ray uepot l~lr; """
AUlomobiles and other cersonal DroDertv 1/ 5UU -
Cash value. life insurance . lIsl on Scheel. E
Olher assels . itemize Alpha Capital 100 000
Del rav Beach R. R. Denot Station 260 000
Lot - JUDiter Inlet 50 000 TOTAL LIABILITIES ..1 nnn
erSDna 1 Effects / Neoctermaaenes i 40 000 NET WORTH 4~4 nnn
TOTAL ASSETS 875 000 TOTAL LIAB AND NET WORTH /l~ nnn
SECTION 4 . APPLICANT INCOME AND RELATED INFORMATION SECTION 5 - " lectlon 2 II completed provldl Incoml Ind Rellted
'or VOIr Inded December 19 88 Inlormltlo" on Joint Appllclnt or other Plrty 'or YI.. ended
19
Sola'" $ 60,000. Salarv, bonuses & cammisslonl $
Dividends Ilnleresl $ ZU,OOO. Dividends Ilnleresl $
Aeal eslale income $ Aeal eslale income $
Olher income IAllmonv, child suooort or seoarate malnlenence Olher income IAllmonv child suooort or seoarale malntenlnce
income need nol be revealed If vau do nol wish 10 have II income need nol be revealed II vou do not wilh III hIve .
considered as a basis for reoavino Ihis oblloation' $ considered as a basil for reDavlno this oblloation' S
TOTAL $ /:lU,ODO. TOTAL $
CONTINGENT LIABILITIES
As Endorser co-maker or auaranlor? car $ n,/lIlf/yr. Other s08clal debt S
On Ielse. or contrlclS? $ Amounl of conlelled Income IIx Illne s
L"'al claim. $ Olher 'describe' S
PERSONAL tNFORMATION
Do you heve I will? No If so, name of IXlculor No, 01 dependenls N/A
6r~you I ~rtner or ~Uice' i" "7 emer aentur!'!.!! so, ~scribe Income lax seUled through (dlle) 1987
e ray epot ssoc. eo ermagenes s
Are you obligated 10 pay llimony, cnlld IOpport or separate Are you a defendlnt In Iny lull. or legal ICIIonI? No
ffdln"nance paymel'!ts? II so, descrlbl
--
Have you Iver been declared bankrupt? In Ihe lasl 14 years?
" la, delcrtbe No
(FORM CONTINUED ON REVERSE SIDE)
4.2608-000-8 Rev. 9/88
SCHEDULE A . SECURITIES
f'Ju-::.>er 01 Shares Ar. Thlse Markel
01 Face Value (Bonds) Description In Name Of Pledged' Valu.
ces ..a , 00.
.a 5,noo.
a 2,000.
SCHEDULE B . ACCOUNTS . BILLS DUE
Accounl' CredilOf In Name Of Mo. Pmt.
Treaft Cards Jahnlf. Casserl y $400.
,
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SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amount ' 'oi.i, Paymtnl
Name 01 O.btor Owing Age 01 Debt Purpose of Borrowings OllCripUon of SecuIII)' Held Expeeltd
es aan
SCHEDULE D. REAL ESTATE OWNED
Address & Type '14001 Oet. Morllot Mor1g.1ll'1
01 Prope"y Mortgagor OwnerShfp Acquired CDS. Value eallne, Mo. Pmt.
954 Balender Del rav Res 100% 5/llR 24~ , 35(1, IRR, 1,650.
925 N.W.22Ave. Residents Anchar'lto. 100% R/Rl 00, 95, R2, R50.
Delrav Beach Denat/Camm. American Natiana 33 1/3% 4/R7 200, 7BO 45fl,
SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name 01 Own.' 01 FaCI Polk::y Cash Surrender
Insurance Company Policy Beneficiary Amount LOin. V.lut
, - -
, - -
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
Type 01 AmI. Owing Maximum Mo, Collellral (It Any)
Name 01 Inslitutton Account' Ownership On Deposit On LOIn! Credit Pml. & Type 01 Own'r.hlp
Credit Accts. lIn'
ital $
Cash on Hand
Other or continued penmenl Informalion you wish 10 provide:
ACKNOWLEDGEMENT OF SPOUSE
I HERESY ACKNOWLEDGE tha'lhe Informalktn conlamed in Schedule. A Ihrough F 10 lhis Personal Financial Slal.mlnll. Iru. and coned 10 the be,1 01 my knowlldgl.
Any inI8r." I may hay. or her.aft.r acqUlrlln lhe ....1. designaled Ih".in a, beklg individually owned by my lpOua. It hefeby IUbotdln.led 10 you lor any Indebtedn...
owing to )'Ou dlreclly Of Indk.ctty by my spoull.
Slgnalu," of Appllcanl'. Spou.e Dale
The informallon conlalned In Ihl. statemenlls provided lor the purpo.e 01 obtaining, or mainl.lning credil with you on behall on Ihe undersigned, or
persons, IIrms or corporations in whose behalf the undersigned may either severally or jointly wilh other.. execute . guaranlee In your favor. Each
undersigned underst.ndSlh.t you sre relying on the Inlorm.tlon provided herein (Including the deslgn.tlon made ..10 owner.hlp 01 properly) in deciding
to grant or conllnue credit. Each understgned represents and warrants that Ihe informallon provided I. Irue and complete and Ihal you may conalder
Ihl. .Istemenl II continuing 10 be true end correct until a wrlnen notice of ch.nge I. given 10 you by Ihe underslgnad, The undersigned .Iso agrees
10 nollfy Ihe lender Immedl.lely rlt of any .Ignifleant adverse change in such tlnanclal condillon. You are authorized 10 make aIIlnqufrl.. you
diem nec....ry 10 v.rlfy Ihe f1h tate anll made ereln, and 10 determine my lour credltworthtneu. You ara authorized 10 an.wer que.-
tlon. about your credl1 IX h underltl th.t you will ret.ln this .ppllcatlon whether or not 111. approved,
Slgn.lur. (Olh.r P.rty)
S,S, No, Oat. of Blflh
Oat. Slgnad ,19 Rq Date Slgnad . 19
(TO BE COMPLETED BY THE LOAN OFFICER)
Amount 0' Loan R.que.t: S T arms of Repayment Grad.:
Primary Source 01 Rep.yment
Second.ry Sourc. of Repayment
Purpose 0' loan:
If to be Secured, Describe COII.t.r.1
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
John B. Casserly , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989.
Notary Public,
My Commission 1990
1
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PERSONAL FINANCIAL STATEMENT
~7) (andfor Loan Application)
anK
BANK OFFICE:
IMPORTANT: Read the.e directions before completing thl. Statement
. If you are applying for individual credit in your own name and are'relying on your own income or assets and not the income or assets
of another person as the basis for repayment of the credit request, complete entire form except Section 2 and 5,
. If you are applying for joint credit with another person, complete all Sections providing information in Section 2 about the joint applicant,
. If joint applicant(s) income and financial condition are not reported On this form in Sections 3 and 5, etc" they should cOmplete a separate
Personal Financial Statement.
. If you are applying for individual credit, but are relying on income from alimony, child support, separate maintenance, or the income
or assets of another person as a basis for repayment of the credit request, complete ALL Sections, providing infor",ation in Section 2
about the person whose alimony, suppon', or maintenance payments or income or assets you are relying on,
. If your spouse is not applying jointly but has an interest in any of the assets described in this statement, obtain 'the signature of that
spouse on the reverse under "Acknowledgement of Spouse",
. If this statement relates to your guaranty of the indebtedness of other person(s), firm(s) or corporation(s), complete entire form except
Section 2 and 5,
. If application is being made fgr a loan, indicate: 5 256 Apartment Units
Amount of Loan $ 5.588 , 00 Term 2 yrs.+ yr. Purpose of Loan
(If Secured, Describe Collateral)
SECTION 1 . APPLICANT INFORMATION (Tvee or Print) SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name CHARLOTTE G. DURANTE Name
Residence Address Residence Address
City, State & Zie nQ 1 r~" FL 33444 Citv, State & Zie
Position or Occuoatlon Realtor/Insurance Ao:ent Position or Occuostion
Business Name T">. '~e Re"l tv. Inc. Business Name -
Business Address !. n 0 TJ Atlantic Avenue Business Address
City, State & Zip Delrav Beach FL 33444 Citv, State & Zip ,
Res. Phone 276-6891 Bus, Phone 265-0200 Res, Phone Bus, Phone
Nearest Relative I Ael~j9nShip
Notllv;ne with Me Ola Vickers l.ster
Addr~in "'W L J fhone
2nd St - Del av 276-2560
SECTION 3. STATEMENT OF FINANCIAL CONDITION ASOF NOVEMBER 1. ,19 lji
A.setl In DoUs.. LIABILITIES In DoUe",
(Do not Include Assets of doubtful value) (Omit Cente) (O..,lt Cente)
Cash on hand and in banks - Ust on Schad. F ?? <nn Notes payable to Financial Institutions
Securities. USI on Schad. A List on Schad F. 20 525
Securities held bv broker in marain accounts Accounts and bills due. Sched. B.
Restricted or control' stocks Unpaid income lax
Accounts, Loans and Notes Receivable _ Other unoaid taxes and interest
List on Sched, C, . 5 000 Real estate mortaaaes eavable . List on Sched, D 206 500
Real Estate Owned . List on Sched, 0 610 DUO Other debts - itemize ,
Automobiles and other Dersonal Drooertv 90 300
Cash value-life insurance. List on Sched. E R nnn
Other assets - itemize
Escrow Denosit on R. E. Purchas 5 000
TOTAL LIABILITIES 227 025
NET WORTH 513 175
TOTAL ASSETS 740 800 TOTAL LIAS AND NET WORTH 740 800
'SECTION 4 . APPLICANT INCOME AND RELATED INFORMATION SECTION 5 - II e..,tlon 2 Ie completlld provide Income end Reletlld
December 87 Intormetlon on Joint Appllcent or other perty lor yeer ended
for ye., ended 19 19
Sslsrv $ 18 000 Salarv. bonuses & commissions $
Dividends I Interest $ Dividends I Interest $
Real estate income \ $ Real estate income $
Other income (Alimonv. child sucrmrt or sBoarate maintenance Other incom~~ (Alimonv. child SUDDOrt or seoarate mslntenance
income need not be revealed if vau do not wish to have it income need not be reyealed if YOu do not wish to have it
considered as a basis for reasylno this obllostion) $ considered as a basis for reaaYina this obllaatlon) $
TOTAL $ 38 000 TOTAL $
CONTINGENT LIABILITIES
As Endorser co-maker or ouarantar? $ Other snecial debt $
On leases or contracts? $ Amount 0' contested income tax liens $
LeaaJ claims $ Other (describe) $
PERSONAL INFORMATION
Do you hsve a will? If so, name of executor No, of dependents 7
Are you a~artner or officer in any, other ytnt~re? If so, ~escrib~ & Income 'ex settled through (dste) np("pmhPT 1987
State arm Ins., Janitoria erv., ay ar,
Are you obligated to pay alimony, child support or separate Are you a defendant in any suits or legal actions? No
maintenance payments? If so, describe tarial SSgf~:
Have you ever ~~n declared bankrupt? In the last t 4 years?
If so, describe
(FORM CONTINUED ON REVERSE SIDE)
4.2608-000-8 Rev. 9/86
SCHEDULE A - SECURITIES
-
NUmber of Shares ".... Are Thlse Market
or Face Varue (Bonds) Description " . In Name Of Pledged? Value
L 200 Shares PB Lakes Bank WPB FL Ken & Charlotte Durante No
400 Shares Mizner Bank... Boca Raton Ken & Charlotte Durante No
L
SCHEDULE B . ACCDUNTS & BILLS DUE
AccounlN Credllor In Name Ot Mo. Pmt.
~
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABl.E
Amount ,,_r.
Oate Payment
Name 01 Deb lor Owing Age 01 Debl Purpose of Borrowings Description 0' Security Held Ex_.d
~ular month.!,y billed -.5 ..QOO 15 to 90 days ....A.lA 1( Days
Customers_9f Janitorial J..ni S",... 'i.c.e..<;
Service ,,.,. ,,.,
SCHEDULE D. REAL ESTATE OWNED
Address & Type ""Of Oate Maricee Mortgtg.
Of Property Mortgagor Ownership Acquired COSI Value Btltnco Mo. Pmr.
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SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name 01 Owner Of F.co Policy Cath Surrender
Insurance Company POlicy Beneficiary Amount L_. Value
State Farm Charlotte 3 000
State Farm Charlott 500
State Farm h D 0
State Farm Ken Durante Charlotte Durante 100 000 4,000
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INStiTUTIONS.
Type or AmI. Owing Maximum Mo. Colleceral (If Any)
Name of Institution Account II Ownership On Deposit On Loan/ Crad" Pmt. & Type of OWnership
Credit Accts. Line
Sun Bank $ $ 2 600 '85~
1st Federal S&L of B _3 800 '...84
First American Bank 12 000 '1!L,u, .Maxinla
2 :..u 5
Cash on Hand $
TOlaJ Due '20.52';
Other or continued pertinent information you wish 10 provide:
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE that the Inlormatlon con"inad In Schedule. A lhrough F to this Person" Flnanci., Slat.m.nt I. Itu. .nd correct 10 the belt 01 my knowledg..
,,"y 1",,,.1t i m.y h.v. or h"tth" tcqulre In ih. ...... de"gntlad lherein II being lndivldu.lly OWnad by my IjlOUII II h.reby IUbotdlnalad 10 you lor any Indtbtadn...
Jwing to you directly or indirectly by my spouse.
>Ignatura of Applicant'. Spouse Date
rho Information contained In thl. .tatemont I. Provided for tho purpose of Oblalning, or maintaining crodlt with you on behalf on the undersigned, or
>erson., firm. or COrporation. in whoso bohalf the undersigned may either ,ovorslly or Jointly with others, execute a guarantoe In your favor. Each
mderslgned understand. that you are relying on the Information provided horaln (Including tho de"gnation mede as to ownership of property) in deciding
o grant or continue credit. Each under.lgned represonts and warrant. that the Information provided I. true and completo Ind that you may con.'d.r
hi. .tatement as Continuing to be true and correct until a written notice of change I. given to you by tho understgned. Th. undorslgned also agr...
' notify thelendor Immedl.t~ly In writing of any algnfflcant adverso change In 'uch fln.nclal condition. You ora authorized to make alllnqulrloa you
oem noce8Mly to veri u of. .tat nt. mad~ and to det.rmlne my lour credltworthln.... You or. authoriZed to an,w.r qu...
on. about yourcred · . I u u orstan at u will retain thl. application wh.th.r or not It I. approved.
ignatur. (Indlvldu I . Slgnaturo (Other Party) -
.5. No. 422-56-1514 Oat. Of Birth 4-19-44 S.S. No. 242-50-8835 D.t. of Birth
,~.
.t. Signed Jan. 17, ,19 89 Dol. Signed , 19
(TO BE COMPLETED BY THE LOAN OFFICER)
\mount of Loan Request: $ Terms of Repayment Gr.d.:
'rlmary Source of R.p.yment
~econdary ~urce of Repayment
'urpo.. of loan:
, to ba S.cured, O.serlb. CoII.teral
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Charlotte G. Durante , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989,
p~~ 11
Notary Public, State of
My Commission Expires: 1990
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Q PERSONAL FINANCIAL STATEMENT
(and/or Loan Application)
BANK OFFICE:
IMPORTANT: Re.d the.e direction. before completing thl. St.tement
. If you are applying for individual credit in your own name and are relying on your own income or assBts and not the income or assets
of another person as the basis for rBpByment of the credit rBquBst, complBte entirB form BXCBpt Section 2 and 5.
- If you are applying for joint crBdit with another person, completB all Sections providing information In Section 2 about thB joint applicant.
. If joint applicant(s) income and financial condition are not reported on this form in Sections 3 and 5, etc., they should complete a sBparatB
Personal Financial Statement.
. If you are applying for individual credit, but are rBlying on income from alimony, child support, separate maintenance, or the income
or assets of anothBr pBrson as a basis for repByment of the credit rBquest, complete ALL Sections, providing information in Section 2
about thB person whose alimony, support, or maintBnance paymBnts or income or assets you arB relying on.
- If your SPOUSB is not applying jointly but has an interBst in any of the assets describBd in this statement, obtain 'the signaturB of thBt
spouse on thB reversB under "AcknowlBdgBment of SpOUSB".
- If this statBmBnt relates to your guaranty of the indebtedness of other person(s), firm(s) or corporation(s), complete entire form except
Section 2 and 5.
. If application is bBing madB l,or d loan, indicatB: vrs.+5 256 Apartment Units
Amount of Loan $ 5.588. 0 Term 2 yr. Purpose of Loan
(If Secured, Describe CollaterBI)
SECTION 1 . APPLICANT INFORMATION ITvoe or Printl SECTION 2 . JOINT APPLICANT OR OTHER PARTY INFORMATION
Name LORETTA J. MCGHEE Name SAMU"L D. Mcr~HEE
Residence Address 274 N. W. 46th Street Residence Address 274 N. W. 46th Street
City, State & Zip Boca Raton FL 33431 City, State & Zio Boc" Raton FT. 33431
Position or Occucation Offir"." ,~ I ,,.. Position or Occuoation "Q~'" "tv Installation Sneciali t
Business Name . D _, pn Tn~ Business Name IBM Corn.
Business Address 40Q W_ ,., , Business Address 'ilat Street
Citv, Stale & Zio n",,.QV "r. City, State & Zin BO~Q Raton FL 33432
Res. Ph6lf80,':lQ?.:n':lR7 Bus. Phone ?7?_7n,Q Res. Phone 1Q2-011l7 Bus. Phone 443-9087
Nearest Relative I Relationship
Nollivino wilh Me Angeleta Grav DaUl,hter
11'\je'\L W. 9th Street I Phone 276-9578
SECTION 3. STATEMENT OF FINANCIAL CONDITION AS OF nQ<,~TTl'ho... lIt ,19 1111
Au.ts In Dolls,. LIABILITIES In Dolla,.
(Do not Include Aasets 01 doubllul value) (Omit Cents) (OmIt Cents)
Cash on hand and in banks ~ List on Schad. F hl 10n Notes payable to FinanciaJ Institutions
Securities. List on Schad. A ?R nnn List on Schad F. 59 400
Securities held by broker in marain accounts Accounts and bills due. Schad. B.
Restricted or control stocks UnDaid income tax
Accounts, loans and Notes Receivable - Other unDaid taxes and interest
Ust on Sched. C. Real estate mortnanes oavable. List on Sched. 0 94 600
Real Estate Owned. List on Sched. D ,,;, nnn Other debts. itemize
Automobiles and other Dersonal Dronertv on noo
Cash valus.life insurance. Ust on Schad. E 7nn .
Other assets. itemize
TOTAL LIABILITIES 154 000
NET WORTH 126 800
TOTAL ASSETS 280 800 TOTAL L1AB AND NET WORTH 280 800
. SECTION 4. APPLICANT INCOME AND RELATED INFORMATION SECTION 5 . II lI4ICllon 2 la completed provide Income and Related
for vear ended Dec.emhp.r 87 Inlormetlo"oon JOI:g Arllcant or othar perty lor ya~:rr'
19 ecem e ,. .
SelarY $ ':l? nnn Salary, bonuses & commissions $ M, 000
Dividends I Interest $ Dividends I Interest $ 100
Real estate income $ Real eslate income $
Other income (Allmonv. child SUDDOrt or senarate maintenance Other income (Alimonv child supoort or secare.e malntanance
income need not be revealed if yOU do not wish to have it income need not be revealed if you do not wish to have it
considered as a basis for reoavine this obliaation) $ considered as a basis for recavlno this obliostlon) $
TOTAL $ 32 000 TOTAL $ 35 100
. .
"CONTINGENT LIABILITIES
As Endorser co.maker or auarantor? $ Other specisl debt $
On leas8S or contracts? $ Amount of contested income tax liens $
Lsaal claims $ Other (descrlbel $
PERSONAL INFORMATION
Do you have a Vlill? No If so, narne 01 executor No. of dependents N'nniP
~~ ~u a p~ner or anicer in any olher venlure? If so, describe Income tax settled through (date) 12/87
-p u~ erretarial - President - New Ventur
Are you obligated to pay alimony, chllo support or separate Are you a defendant in any suits or legal actions? No
maintenance payments? If so, describe No
Have you ever been declared bankrupt? In the last 14 years?
No
If so, describe
(FORM CONTINUED ON REVERSE SIDE)
4-2608-000-8 Rev. 9186
SCHEDULE A - SECURITIES
Number of Shares Art Thuo Merktt
or Face Value (Bonds) Description In Name Of Pledgod? Value
35 :>IBM Loretta McGhee No 4 200
35 IBM N" 4.200
24 r.n T 1\1" 1? nnn
IRA & EE Bonds Lo~tta McGhee No 7,600
SCHEDULE B . A OUNTS & BILLS DUE
Account' Creditor In Name Of Mo. Pm!.
SCHEDULE C . ACCOUNTS, LOANS AND NOTES RECEIVABLE
Amount Oat. Payment
Name of Debtor Owing Age of Debt Purpose of Borrowings Detc:ripdon 01 Securtty Hekl Ex_td
. .
SCHEDULE D. REAL ESTATE OWNED
Address & Type ""Of Date Mtrl<tt Mon_
Of Propeny Mortgagor Ownersl'lip AcQuired COSt V..... IlIJonco Mo. Pmt.
Delray Beach - House 1st Familv Mtl!. 100 4/78. 27 500 59 000 24,300 255
Boca Raton - House Citicorn 100 11/84 67 000 90 000 63.000 710
Hollvwood,FL - TimeShare Hollvwood Dev.Est 100 10/85 8 000 12 000 7 300 85
SCHEDULE E . LIFE INSURANCE CARRIED, INCLUDING GROUP INSURANCE
Name 01 Owner or F.co Policy Cuh Surrender
Insurance Company Policy BenefiCiary Amount Loan. Value
Southern Security Loretta McGhee Samuel McGhee 40 000 None 700
SCHEDULE F . CASH IN BANKS AND LOANS DUE TO FINANCIAL INSTITUTIONS
Type of AmI. Owing Maximum Mo. Collolttll (It Any)
Name of Institution Account ,. OWnership On Deposit On Loanl Crtdn Pmt. " Type 0/ Own_1p
Credit Accll. Uno
Barnett Bank Joint $ 2 800 $ 12 000 204 2nd Mortl!a<>e
LBM Credit Union Sinl!le 58 000 2 500 Unsecured
Sun Bank Sin.de 12.900 178 2nd Mortga<>e
Florida National Bk Sin<>1e 12 200 314 Car
6 Master or Visa Ca ds 19 800 28 20 600
Cash on Hand ".... 300
-
Cash on Hand $ 61 100
Tolal Due $59 400
Other or continued pertinenllnformatlon you wIth to provide:
ACKNOWLEDGEMENT OF SPOUSE
I HEREBY ACKNOWLEDGE that the information contained in Schedule. A through F to this Personal Financial Statement I. true and correct 10 the belt of my knowledge.
Any inter.. y have or her..fter acquir. in the au II teel therein as being individually owned by my IpOUR II hereby IUbordlnated to you rot any Indebteelneu
owing to dltec::tly or in bym UIt. ///l/rP
c
Slgnatura of Applicant's Spousa Date
Tha information contained In this statement is provided tor the purposa of obtaining, or maintaining credit with you on behalf on the undersigned, or
paraens, firms or corporations in whose behalf the underalgned may either saverally or jolntly with others, execute I guarant" In your fevor. Each
undersigned underatends thet you are relying on the Information provided herein (including the dasignallon mllde .. 10 ownarahlp of property) In deciding
to grant or conllnue credll. Each undersigned represanls and warrants thet the Information provided II true and compl..e and thll you mlY conaidar
thll stetement .. continuing to be true and correct until I written notice of chenge II given to you by the underalgned. The undlrslgned also agrees
to notify the lender Immediately In writing of any Ilgnlflcant adverse Change In luCh financial condlUon. You are IUlhoflzed 10 mike a11lnqulrlN you
d"m neceuery to verify the lCCuracy of thl stltements made herein, and to determlno my lour cradllWort Ine... You are aulhorlzed to Inswer qu..
1I0nl aboul your credll axparlence wllh me I I, undoratlnd Ihal you will rolain thll application whet or nOl n I approved.
Slgnlture (Indlvldull) Signature (Othor Partyl
S.S. No, 115-36-572 S.S. No. 267-40-9556 Dale of Birth 4-8-35
Dale Signed January , 19 89 Dlte Signed Januarv 17. , 19 89
(TO BE COMPLETED BY THE LOAN OFFICER)
Amounl of Loan Request: S Terml of Repayment Grade:
Primary Source of Repaymonl
Secondary Source of Ropayment
Purposa of loan:
If to be Secured. Describe Collateral
-
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned officer, a Notary Public
authorized to administer oaths and to take acknowledgments in and
for the State and County set forth above, personally appeared
Loretta J. McGhee , known to me and known by me to be
the person who executed the foregoing Personal Financial Statement,
and he acknowledged to me and before me that he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, in the State and County aforesaid, this
17th day of January, 1989. ~ f: CwlL
Notary Public, State of
My Commission Expires: 1990
.
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National Corporation for Housing Partnerships
NHP
February 16, 1989
,
Commissioner James Witherspoon
vice Mayor
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Commissioner Witherspoon:
It has been almost a month since my colleagues and I expressed
our company's interest in the cO-development of the Auburn Trace
Apartments in Delray Beach. Subsequent to our presentation to
the City Commissioners, we met with city staff members and
members of the Auburn Trace joint venture. We also talked with
some prospective tenants.
As you know, NHP is a diversified, full service, privately owned
real estate company primarily engaged in the development,
acquisition, management and ownership of multifamily rental
housing. Specializing in the formation of partnerships with
developers, builders and community organizations at the local
level, NHP is the largest owner of low/moderate housing in the
United States.
Chartered by Congress in 1968 to stimulate the production of low
and moderate income housing, NHP now owns or operates more than
80,000 units, and manages 66,000 units in 40 states. In
Florida alone, NHP owns and manages over 4,000 units.
Over the last two months, officials of HOD have been in contact
with us and we are also in touch with the Florida State Housing
Finance Agency. As an indication of our interest in the
project, we have also sent NCHP's sample Joint Venture
Agreement to the Auburn Trace group. A copy of the sample
agreement is attached. To date, we have not received any
response. Thus, let me briefly share our concerns about the
project, the subject of my writing to you.
In a nutshell, we believe that the Auburn Trace Apartment
project is in serious danger of not getting off the ground in
the foreseeable future.
1225 Eye Street, N.\V.
\Vashington, D.C. 20005
202-347-6247
FAX 202-371-2103
commissioner James Witherspoon
February 16, 1989
Page Two
Our assessment of the project is based on a preliminary analysis
of the project's sources and uses of funds and its projected
operating income and expenses. The total estimated cost of the
project would be $15 million. This would cover hard
construction costs, soft costs, land acquisition and replacement
reserves. Towards this project costs, approximately $5.5 would
come from the city (UDAG purchase money, etc), $4.5 in equity,
and $5 million in first conventional mortgage. If the project
is to succeed, it is imperative that the permanent conventional
mortgage with a minimum 15 year term, 30 year amortization, and
a fixed interest rate be in place.
The Auburn Trace group five year miniperm hardly qualifies for
such long term, permanent and fixed rate financing. The
miniperm might satisfy HUD, provided some conditions are met,
HUD may amend the city's UDAG Grant loan. In other words,
decrease the loan from $5,080,000 to $3,400,000. This decrease
is only one hurdle toward a number of additional hurdles.
Thus, we see a great risk in such short-term financing that
would inevitably hurt the project's viability. Miniperm loans
are very expensive for the project to undertake. They result in
the project incurring financing costs on at least three, rather
than two, occasions and are usually at higher or floating
interest rates.
Equally important, miniperms inject a serious element of
uncertainty into a project's financial future. The viability of
a low income housing property where rent revenues are, of
course, controlled, is particularly sensitive to the interest
rate levels achieved. Furthermore, such financing would make it
hard to sell the equity at the right price, if at all.
The Auburn Trace Joint Venture group reported that they will be
able to raise equity through a broker-dealer using "blind pool
funds". An unnecessary expensive venture. In such arrangement
at least 15 cents on the dollar will go to the broker or middle
man, thus further loading the project with unnecessary expenses.
The possibility of raising over $4 million through a broker-
dealer -- the necessary equity for the project is slim. The
higher the equi ty , the lower the conventional debt and the
stronger the project, making it possible to be affordable for
the tenants.
Our experience dictates that the development program requires
pre-development activities, i. e. , complete architectural and
engineering work that meet local zoning laws. Where are the
plans and specs with the proper government approvals?
Commissioner James Witherspoon
February 16, 1989
Page Three
What are the consequences to the project, to the City, BUD and
NCHP I S Property Management? Our analysis is that the proj ect
may not have adequate revenues to incur such astronomical debt
and equity financing fees. Unlike market rate properties, the
rent revenues of these units are determined by IRS regulations
which are calculated according to the area's median income,
number of persons per unit, and allowance for utility costs.
Very little room for maneuvering. If the deal at the outset is
not properly structured (financially), as it appears now, the
only financing recourse could be the City.
Two years after the property is in operation, would you and
fellow commissioners want to make a choice between "bailing out"
an ill-financed project or turning the project into an eye sore?
BUD might approve the City's UDAG amendment based on the
miniperm. We should not forget that the UDAG award is to the
City and not to any particular developer. The serious question,
is the Department prepared to disburse UDAG funds now without
additional terms and conditions? UDAG funds are now under
greater scrutiny than ever. The Department has waited for over
a year for the project to get off the ground, and might feel
justified in recapturing its funds. We would all hate to see
the funds returned to Washington.
One of the strongest aspects of the deal is that NCHP - Property
Management would be responsible for operating this project. At
this stage, I would not recommend to our company that it manage
a property where we have serious doubts of the financing
structure. In case of defaults, lenders usually expect the
property management to work with them in a time consuming
workout exercise. Our intention of course, was not only to
manage Auburn Trace, but also at some point to manage Carver
Estate. Proper management of the two properties contribute to
the physical, economic and social revitalization of the area.
The above analysis might sound grim, but it is our best
assessment of the project. One solution is, of course, is for
NCHP to form a joint venture with the Auburn Trace group. NCHP
and Auburn Trace would share the profits as well as the risks.
Our mutual objective is to provide decent and affordable housing
for the citizens of Delray Beach. There are skills and
experience among the individual partners of the Auburn Trace
that are valuable to the project. As previously indicated, our
company comes with development experience, strong financial net
worth and property management capability.
Commissioner James Witherspoon
February 16, 1989
Page Four
A comment about the city. We are impressed by the dedication
and commitment of the city's staff. The staff possesses the
high caliber of professionalism that usually makes our efforts
effective and efficient.
NCHP remains ready to translate your vision into creating decent
and affordable housing for the Delray Beach area. We call upon
you, your fellow commissioners and city staff to exercise your
leadership and bring this project to fruition.
Sincerely,
. Ii' 1 -/~~
~/--*(j / eJ)'lQ // &v~
Ghebre Selassie Mehreteab
Vice President
cc: City Commissioners
City Staff
National Corporation for Housing Partnerships
~HP
January 27, 1989
BY FACSIMILE
Mr. Jay Felner
President
Felner Construction, Inc.
4723 West Atlantic Avenue
suite 9
Delray Beach, FL 33445
RE: Auburn Trace
Dear Mr. Felner:
Following up our Wednesday meeting, attached for your
and your partners' review is a sample development agreement,
outlining the terms of one of our typical business
arrangements. This document services as the basis for a
subsequently executed partnership agreement.
Conrad, Gabe, Ken and I enjoyed meeting you. Please
feel free to call either Gabe or me at (202) 326-8370 or 326-
8232, respectively, should you have any questions.
Very truly yours,
----
Joel F. Bonder
Associate General Counsel
JFB/mcb
Attachment
cc: Conrad Egan (w/attachment)
JGhebre Mehreteab (w/attachment)
1225 Eye Street, N.w'
Washington, D.C. 20005
202-347-6247
FAX 202-371-2103
Revise: 1/27/89
DEVELOPMENT AGREEMENT
1- DATE : January _, 1989
2. PROPOSAL: Business terms for the development,
ownership, management, and disposition
of (the "Project") and
the acquisition of acres on
which the Project will be constructed.
3. PARTIES: National Corporation for Housing
Partnerships ("NCHP" ) and
or an affiliate approved by NCHP (the
"General Partners"). The rights and
obligations of the General Partners
under this Development Agreement are not
assignable without the written consent
of the other General Partner.
4. FORM OF OWNERSHIP: The Project will be owned by
Limited Partnership, a
limited partnership (the
"Partnership").
5. PARTNERSHIP Initially, % by NCHP as Managing
INTERESTS: General Partner, % by NCHP as Limited
Partner, _% by as General
Partner and _% by as Limited
Partner. To the extent that one or more
third party investors purchase up to 98%
of the limited partner interests in the
Partnership, each Partner's limited
partner interest shall be reduced
proportionately.
6. GENERAL PARTNER (1) Construction loan guarantees
OBLIGATIONS: will be shared ____% by NCHP and _% by
.
(2) Construction cost overruns through
Completion of Construction (defined as
completion of all final punch list items
and receipt of permanent certificates of
occupancy for 100% of the dwelling
units) shall be funded as loans to the
Partnership as follows:
(x) 100% by in the event
, one of its partners
or an affiliate is the general
contractor for the Project; or
(y) % by NCHP and % by
in the event
, one of its partners
or an affiliate is not the
general contractor for the
Project.
(3) Project operating deficits through
breakeven operations as defined by
Exhibit A hereto ("Breakeven Opera-
tions" ) shall be funded on a % -
% basis by NCHP and as
loans to the Partnership. ,
and will personally
and jointly and severally guarantee all
actual construction cost overruns and
operating deficits guaranteed by
to any investor limited
partner.
(4) NCHP and shall provide to
the Partnership on a pro rata basis all
letters of credit and/or guarantees
required by lenders. Any draw on a
letter of credit shall be treated as a
loan to the Partnership.
The General Partners acknowledge that
investor limited partners will be given
a construction completion guarantee, a
Project operating deficit guarantee and
a guarantee of eligible basis for
purposes of calculating the low income
housing tax credit for the Project.
7. DEVELOPMENT Total Seed Money advances shall not
EXPENSES -- exceed $ . All amounts
.SEED MONEY.: advanced to the Partnership, after
having been approved by both General
Partners, shall constitute loans and
shall bear interest at Chase Manhattan's
prime interest rate from time to time
plus 2% (referred to as "Seed Money").
The Seed Money, which will be advanced
__% by NCHP and ___% by ,
shall be used to fund only obligations
to unaffiliated third parties, including
e.g., architectural fees, engineering
-2-
fees, legal fees, low income housing tax
credit fees and financing commitment
fees. Requests by a General Partner for
seed money advances shall be made in
writing to the other General Partner.
The nonrequesting General Partner must
respond either orally or in writing to a
seed money request within three (3)
business days. If approved, funds shall
be made available as soon as
practicable. All contracts related to
Seed Money expenditures including, but
not limited to, land purchase or option
contracts, shall be in the name of the
Partnership. Any Seed Money
expenditures in excess of $
shall be advanced ___% by NCHP and ___%
by unless otherwise agreed to
by NCHP and . All Seed
Money, with interest, shall be
reimbursed to the General Partners at
construction loan closing in proportion
to each General Partner's advance of
Seed Money.
8. PROJECT In the event the Project is
TERMINATION: terminated prior to construction loan
closing and assets of the Partnership
(such as land) are sold, the proceeds of
such sale shall be distributed as
follows: 1) to pay any outstanding
Project or Partnership obligations, 2)
to reimburse the Partners, pro rata, for
any seed money loans plus interest which
have not been repaid, and 3) the
balance, ___% to NCHP, ___ % to .
In the event the proceeds of sale are
inadequate to pay any outstanding
Project or Partnership obligations, or
to repay all seed money loans plus
interest, NCHP and will
share such obligations on a ___%-___%
basis.
9. PARTNERSHIP NCHP will be the Managing General
MANAGEMENT OF THE Partner and Tax Matters Partner
DEVELOPMENT and shall make all decisions except
PROCESS: for Major Development Decisions defined
below and those decisions set forth
below related to the responsibilities of
. shall be the
-3-
Local Development Partner and will have
the primary responsibility for all
construction supervisory decisions with
the exception of Major Development
Decisions defined below. The Local
Development Partner shall also be
responsible for day-to-day liaison with
members of the development team and
governmental agencies and official
having jurisdiction over the Project.
The Partnership will use a bonded
General Contractor for the construction
of the Project. The General Contractor
will be selected jointly by NCHP and
by competitive biddin~
guarantee to the Partnership that the
costs of construction will not exceed
the contract amount.
A plan shall be prepared by
for NCHP's approval based upon best
available initial data to establish why
funds should be expended on the Project
(the "Conceptual Plan"). The Conceptual
Plan will include SUfficiently projected
development and operational cash
requirements, preliminary market studies
and feasibility analyses needed to make
a decision as to whether [acquisition of
the land and construction of the
Project] [the purchase and
rehabilitation of the Project] should be
undertaken. The Conceptual Plan shall
also include a proposed Seed Money
Budget and proposed outline of a
business agreement between the General
Partners.
A plan will be prepared for NCHP's
approval to establish Project
feasibility and authorize preparation of
construction plans and specifications,
applications for necessary governmental
approvals, financing, etc. (the
"Feasibility Plan"). The Feasibility
Plan will be based upon contractor
estimates based upon conceptual plans,
financial source discussions, consultant
contracts and final market studies. The
Feasibility Plan shall also include a
final Seed Money Budget.
-4-
After Feasibility Plan approval has been
received, Project final plans and
specifications shall be prepared and put
out to bid, construction contracts
negotiated and commitments for Project
financing obtained. Prior to
construction loan closing and start of
construction, the Feasibility Plan will
be updated for the Partners' approval to
reflect actual changes in underwriting
from the Feasibility Plan (the "Pre-
Construction Finalization"). A
description of each Plan is included in
Exhibit B. The Conceptual Plan, the
Feasibility Plan and the Pre-
Construction Plan must be formally
approved by NCHP and as well
as any significant deviations thereto.
10. MAJOR DEVELOPMENT All major development decisions will be
DECISIONS: reached jointly. Major development
decisions will include:
a. When to expend Seed Money.
b. Expenditure of all Seed Money in
excess of approved budgets.
c. Final design approval, including
master plan and site plans.
d. Selection of Development Team.
e. Contracts with members of the
Development Team.
f. Approval of capital, construction,
Project development and Project
operating budgets.
g. Change Orders in excess of $5,000.
h. Construction draws.
i. Structure and terms of debt
financing.
j. When to sell or refinance the
Project.
-5-
I
k. Fees to affiliates, other than
those set forth in paragraphs 14,
18 and 22.
l. Minimum amount of insurance
coverage for the Project.
1l. HOH-EXCLUSIVE: Both NCHP and will not be
restricted from developing other real
estate within the targeted market, even
if perceived by the other party to be in
direct conflict with any project
developed pursuant to this agreement.
12. ADMINISTRATIVE , A separate double entry set of
ACCOUNTING r. books will be maintained by NCHP for
SYSTEMS BACK-UP: the Project for development and
construction activities. Monthly
financial reports showing all
expenditures and all projected Sources
and Uses including an analysis to date
and future costs and cash flow changes
through stabilization will be submitted
to the General Partners in a timely
manner and will be available at a
monthly management meeting. The cost of
annual audited statements shall be a
cost of the Partnership. Any partner
has a right to audit.
13. MANAGEMENT Commencing three (3) months prior to
ACTIVITIES BY initial occupancy, NHP Property
PARTNERS : Management, Inc. ("NHP-PMI") shall
market and manage the Project. NHP-PMI
may be removed as Management Agent by
NCHP for cause, as provided in the
property management agreement.
14. PROPERTY MANAGEMENT The Partnership shall pay NHP-PMI a
AND ASSET monthly Property Management Fee equal to
MANAGEMENT FEES: 5% of the Project's gross revenues.
Commencing the first month after
Construction Completion, an Asset
Management Fee equal of twenty percent
(20%) of the Property Management Fee
shall be paid in arrears by the Project
Management Agent, whether or not NHP-PMI
continues as Management Agent, to NCHP
for asset management services.
-6-
15. PERSONNEL All persons performinq services
OVERHEAD COSTS: for the Partnership will be employees
of either NCHP or , or their
affiliates, but there shall be no
payroll charqes (except site manaqement
personnel) to the Partnership.
16. CASH FLOW FROM Subject to NCHP's aqreement with
OPERATIONS: investor limited partners, cash flow
(funds available for distribution after
the payment of all Project obliqations,
includinq operatinq expenses and debt
service obliqations) from the Project
will be used to:
(1) Establish workinq capital in the
amount established and aqreed to in
the Project's Marketinq and
Manaqement Plan:
(2) Pay accrued but unpaid fees,
includinq NCHP's Administrative and
Reportinq Fee:
(3) Repay Partner loans with interest:
(4) Pay any preferential return to
investor limited partners: and
(5) Distribute to the Partners in
proportion to their Partnership
interest until such time as
investor limited partners are
admitted to the Partnership.
Thereafter, pursuant to the
Partnership's amended limited
Partnership aqreement.
\
17. SALE OR REFINANCING Subject to NCHP's aqreement with
PROCEEDS: investor limited partners, proceeds
from the sale or refinancinq of the
Project will be used to:
(1) Repay third party debt:
(2) Establish necessary reserves:
(3) Pay any accrued but unpaid fees,
includinq NCHP's Administrative and
Reportinq Fee:
(4) Repay Partner loans with interest:
-7-
(5) Return of initial capital
contributions to investor limited
partners after deduction for prior
distributions of net proceeds from
sale or refinancing, but without
deduction for prior cash
distributions from operations;
(6) Pay a preferential return to
investor limited partners; and
(7) Pay a Refinancing Fee to NCHP equal
to 1% of the principal amount of
the new mortgage loan; and
(8) Distribute to the General Partners
residual funds from sale or
refinancing in proportion to their
Partnership interest until such
time as investor limited partners
are admitted to the Partnership.
Thereafter, % to Investor
Limited Partners, % to NCHP
and % to .
18. DEVELOPMENT FEES: Development Fees (defined as the
difference between the sources and uses
of funds for the Project, as determined
by NCHP) paid by the Partnership shall
be shared % to NCHP and %
to and shall be paid as
follows:
(x) 30% on the date which is the
later of the date of
construction loan close or the
date of entry of an investor
limited partner to the
Partnership, unless prohibited
by the loan documents;
(y) 20% at Completion of
Construction; and
(z) 50% at Breakeven Operations.
's share of Development Fees
due at Completion of Construction and at
Breakeven Operations may be used, if
necessary, to meet 's
obligation to fund % of all
-8-
construction cost overruns and operating
deficits.
19. FAILORE TO MEET In the event a General Partner fails to
GUARANTEE meet any of its financial obligations
OBLIGATIONS: under paragraph 6 of this Development
Agreement, and as will be set forth in
the Partnership Agreement, for the
Project (a "Defaulting General
Partner"), and the non-Defaulting
General Partner provides funds otherwise
due from the Defaulting General Partner
to a project (the "Excess Funds"), the
non-Defaulting General Partner's
percentage share of Project sale or
refinancing proceeds provided in the
section of the Partnership Agreement
comparable to paragraph 17(8) of this
Development Agreement (the "Applicable
Percentage" ) shall be increased as
follows: (1) partnership equity shall
be assumed, for purposes of this
calculation, to be equal to 10% of the
cost (i.e. total development cost) of
the Project; (2) NCHP's equity
investment shall be determined by
mUltiplying the total amount of
partnership equity calculated in (1)
above by its Applicable Percentage; (3)
's equity investment shall be
determined by multiplying the total
amount of partnership equity calculated
in (1) above by its Applicable
Percentage; (4) a non-Defaulting General
Partner's new percentage interest in the
partnership shall then be determined by
multiplying the amount of Excess Funds
by four (4) and adding to such result,
as appropriate, the result in (2) or (3)
above; (5) the result of (4) above shall
then be divided by the sum of the total
amount of partnership equity calculated
in (1) above plus the amount of Excess
Funds; (6) the result shall be the non-
Defaulting General Partner's new
Applicable Percentage; (7) the
Defaulting General Partner's Applicable
Percentage shall be diluted by an amount
equal to the increase in the non-
Defaulting General Partner's Applicable
Percentage.
-9-
20. CONSTRUCTION COST Any savings from the approved budget
SAVINGS: will be used for Project betterments or
Project reserves.
2l. PARTNERSHIP In no event shall the General Partners
CAPITAL CALLS: or an investor limited partner be
subject to a capital call.
22. SYNDICATION (SALE The General Partners agree that it will
OF PARTNERSHIP be the sole responsibility of NCHP
INTERESTS TO commencing at construction loan closing
INVESTOR LIMITED and ending six (6) months after the date
PARTNERS) ; of permanent loan closing (the "Offering
Period") to raise equity for the
Partnership through a "best efforts"
sale of limited partner partnership
interests/low income housing tax credits
to one or more investor limited
partners. A broker-dealer will not be
used to raise such equity without the
consent of NCHP. will
grant NCHP a power of attorney to make
and execute any amendments to the
Partnership Agreement necessary to
effect the admission of Investor Limited
Partners. The General Partners further
agree that the terms of the sale of
partnership interests to investors,
including but not limited to a preferred
return to investors, will be solely
determined by NCHP; provided however,
that such terms will be set using the
following goals: based on the eligible
basis of the Project, the amount of
equity raised will be determined with
the goal of providing a corporate
investor with an internal rate of
return, based on the stream of benefits
from the low-income housing tax credit
and passive losses generated by the
property, assuming zero cash flow on a
cash basis and no return of capital
investment to investors from sale or
refinancing proceeds, equal to 14-16%.
In the event one or more investor
limited partners have executed a letter
of intent or binding agreement to invest
in the Partnership on or before the date
of construction loan closing, but such
investor(s) will not be admitted to the
Partnership until a subsequent date,
NCHP and shall guaranty on a
-10-
% - % basis,
respectively, a loan by the Partnership
equal to the equity required by the
Project, but not including the General
Partner's Development Fees. In the
event one or more investor limited
partners have not executed a letter of
intent or binding agreement to invest in
the Partnership during the Offering
Period, shall have the right, )
but not the obligation, to purchase
NCHP's interest in the Partnership. .In
such event, shall assume NCHP's
obligations with respect to the
Partnership and repay, with interest,
any loans to the Partnership by NCHP.
In the event does not purchase
NCHP's interest in the Partnership, NCHP
shall have the right, but not the
obligation, to purchase 's
interest in the Partnership and investor
limited partner. In such event, NCHP
shall assume 's obligations
with respect to the Partnership and
repay, with interest, any loans to the
Partnership by .
NCHP shall earn an Administrative and
Reporting Fee in payment for the reports
and other administrative services it
will provide to the Partnership and
investor limited partner. The fee shall
be due, earned and payable during the
year for which services are rendered
first, from cash distributed by the
Partnership pursuant to Section 16
above. To the extent unpaid, the fee
shall accumulate without interest and
shall be paid from sale or refinancing
proceeds pursuant to Section 17 above.
23. TERMINATION OF All of the terms and conditions of
AGREEMENT: this Development Agreement shall be
subject to change based upon final
financing terms obtained by NCHP,
requirements that any Project mortgagee
may impose, the terms of investment
imposed by investor limited partners or
further feasibility analysis conducted
by NCHP.
-11-
Until the written acceptance by both
Partners of a financing commitment for
the Project, each Partner agrees to
proceed in good faith and may terminate
this Development Agreement upon written
notice to the other General Partner.
All Seed Money advanced or other loans
made by the terminating General Partner
shall be repaid by the Partnership with
interest at Chase Manhattan's prime
interest rate from time to time plus 2%.
NATIONAL CORPORATION FOR HOUSING
PARTNERSHIPS
BY:
TITLE:
CORPORATION
BY:
TITLE:
-12-
EXHIBIT A
DEFINITION OF BREAKEVEN OPERATIONS
The Project shall be deemed to have reached Breakeven Operations
if for three (3) consecutive calendar months the Project is at
95% occupancy and Project revenues, computed on an accrual basis,
exceed the total of (i) Project debt service requirements, (ii)
reserve and escrow payments, computed on an accrual basis,
required by NCHP or the Project mortgage lender, e.g., for
insurance, taxes, and replacement reserves, and (iii) expenses
compute on an accrual basis. To determine whether a deficiency
exists in a required reserve or escrow account, the required
amount shall be equal to the estimated amount of the liability
(for real estate taxes this estimate shall be based on the fully
completed and fully assessed value of the Project), times a
fraction whose numerator is the number of months which have
elapsed from the last due date of the liability in question to
the date of the Breakeven Operations computation, and whose
denominator is twelve (12).
EXHIBIT B
PLAN APPROVAL SCHEDULE
CONCEPl'UAL PLAN
When: Submitted by just before or after
land control and before $ in
nonrefundable costs are expended on the
Project.
Purpose: Establish basis for undertaking the
development and authorize expenditures
through Feasibility Plan approval, including
application for tax credits.
Included: Conceptual estimates of construction,
development, financing and operating costs.
FEASIBILITY PLAN
When: Submitted upon refinement of development
costs and before expenditures in excess of
those approved in the conceptual Plan are
expended.
Purpose: Authorization to proceed with working
drawings and financing of the development.
Included: Written contractor's estimate of construction
cost based upon schematic site, building and
unit floor plans, discussions with financial
sources, consultant contracts and market
studies. Final Seed Money budget.
PRE-CONSTRUCTION PLAN FINJIT.TZATION
When: On or before fifteen (15) days prior to
construction loan closing.
Purpose: Deviation analysis from approved Feasibility
Plan and authorization to close construction
loan.
Included: Same exhibits as Feasibility Plan with final
cost estimates.
. -
ytffD r
CITY COMMISSION DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER ~~x
~~
~ (-
VIA: FRANK R. S ENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP {. 'kit: /
~ Vc~C~
rvr-
FROM: D J. OVACS, D CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: WORKSHOP BACKGROUND, MEETING OF FEBRUARY 21, 1989
COMPUTATION OF OPEN SPACE IN PLANNED DEVELOPMENTS
A subtitle to this topic could be "What is Useable Open Space?"
After adoption of the 1979 comprehensive Plan there were several
amendments made to the zoning code. Some of these created the
PRD zoning districts and special requirements for townhouse
developments. These new regulations included a provision for
mandatory open space as follows:
173.073 re "townhouse developments" .. . "not less than 25%
of the total area shall be useable open space, either for
recreation or some other suitable use, public or private.
For the purpose of this section, roads, driveways, garages,
and parking areas shall not be construed as usable open
space."
Various sections re PRD Districts:
PRD 4 .. . 10% of total acreage in common open space
PRD 7 .. . 15% of total acreage in common open space
PRD 10 .. . 20% of total acreage in common open space
PRD L .. . 15% of total acreage in common open space
PRD M .. . 20% of total acreage in common open space
Further each of the above Districts contain the following
"design standards"
"The location, shape, size and character of the common
open space must be suitable for the contemplated
development including density, population
characteristics, and housing types."
"Common open space must be used for amenity or
recreational purposes, and must be suitably improved
for its intended use. Natural features worthy of
preservation shall be incorporated into the common open
space system"
As a matter of policy, whenever a development proposal involves
the dedication of right-of-way or the creation of drainage
retention areas, the land area involved has been included in the
calculation of allowable density.
f~
- TO: Walter O. Barry, City Manager
RE: Workshop Background, Meeting of February 21, 1989
Computation of Open Space in Planned Developments
February 17, 1989
Page 2
In the practical application of the above, the following
situations have been encountered:
(A) Development has occurred wherein the net density of the
developed land is quite high but is offset in overall
~en"'ty by the ex'"tence of feature, ,uch '" a lake 0'
golf course. In these situations, the open space is
'not "useable" for general recreational purposes; but
has been determined to be in compliance with the above
regulations in that it provides a "visual amenity".
(B) Project designers calculate their open space
requirements by beginning with the gross area of a site
and then eliminating coverage of buildings, streets,
sidewalks, and parking areas. The remainder, they
classify as "open space".
This approach has been challenged, from time-to-time,
since there is no distinction between landscaping
required for the parking areas (hence not countable) ,
perimeter landscaping requirements (hence not
countable) , and small areas which are located between
sidewalks and buildings, between buildings, etc.
(C) In situations where zero lot line, single family
development, is proposed the application of the open
space standards has resulted in very minimal "useable
common open space" in that designers argue that the
open space on each single family lot meets requirements
and/or that the drainage retention ponds meet the
requirement. Thus, these subdivisions which could
easily accommodate young families provide little, if
any, area for recreational pursuits of children.
Following expressed concerns over the above in such projects as
Spring's Landing (Linton Lake), Sherwood Forest, Hidden Lake,
portions of Sabal Lakes, and the lingering Isles of Delray, the
City Commission sought a joint work session with the Planning and
Zoning Board to discuss the matter.
Such a discussion was scheduled for this meeting of February
21st; however, given the length of the agenda and other events, a
full discussion does not seem appropriate at this time.
Thus, the consideration before the Commission at this work
session is, given a review of the above information, should this
topic be addressed by:
l. a joint work session at the earliest possible time;
2. deferral to completion of the current review of the
comprehensive plan and then revisited in June;
3 . direction to address this subject in the land use
regulation update which is currently anticipated to
get underway in July.
If the item is deferred pursuant to options 2 or 3, new
development proposals will be handled as they have in the past.
FRS/DJK/lh
REF/DJK#38/A:OS
- fJIA
CITY COMMISSION DOCUMENTATION ~
~
TO:
VIA: FRANK R. ~ ~CmR {lat /J<.
,__DEVELOPMENT SERVICES GROUP ~ ~
~\ ~~14 r-vf
'~<..1:.--<._~1 '.... tJ (. ~, L
FROM: DAVID J. KOVACS, D~TOR ~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: WORK SESSION BACKGROUND, MEETING OF FEBRUARY 21, 1989
THE LIMITED COMMERCIAL (LC) ZONE DISTRICT
From time-to-time the City Commission has called for review of
the City's commercial zoning districts. While, such a review
will be undertaken subsequent to transmittal of the Comprehensive
Plan to the State in June, a special request was made by PROD to
have the L.C. District requirements revisited as soon as
possible.
The Planning and Zoning Board appointed an ad-hoc committee (upon
direction of the Commission) to work on this subject. The
Commission directed that prior to advertising and hearings on
proposed changes, that it review them.
Thus, pursuant to Commission direction, the attached is provided
for review and direction.
Courses of direction include:
l. deferral to the general code revisions which are
tentatively scheduled to commence in July
2. concurrence with the work of the ad-hoc committee and
direction to commence with formal processing
3. modifications to the attached and direction to commence
with formal processing
When contemplating the course of action to be taken, keep in mind
that since the changes are substantial they must be processed as
a "rezoning". Thus, notice to owners of LC property Atlantic
Avenue, east of the Intracoastal Waterway,; Harbor Centre; Shops
of Seacrest; Pugliese/Albertson's; and, the SAD on Linton must be
notified as must all property owners within 500 feet of these
areas.
Attachment
- existing LC District regulations
- proposed changes
~7
'To: Walter O. Barry, City Manager
Re: Work Session Background, Meeting of February 21, 1989
The Limited Commercial (LC) Zone District
Page 2
ATTACHMENT to City Commission background of February 21, 1989,
Limited Commercial (LC) Zone District Modifications
Chanqe PURPOSE to read:
The Limited Commercial Zone District provides a zoning
designation which accommodates land use and intensity which
is more permissive than Neighborhood Commercial (NC) and
less permissive than General Commercial (GC) .
This District is appropriate for areas where low-scale,
village-type design is compatible and desirable such as
adjacent to residential neighborhoods and sensitive areas.
All uses are to be contained within completely enclosed
structures.
The range of allowable uses includes retail, personnel
services, and office. Restrictions are imposed upon the
size of facilities and other aspects of operations in order
to insure that on-site activity does not adversely affect
adjacent and nearby properties.
DELETE or MODIFY for the currently listed PERMITTED USES:
Change "Antiques" to "Antique Store"
Delete "Auctions"
Delete "Broadcasting studios"
Add to "Business Offices" when located upon the second floor
or story of a structure
Delete "Caterers"
Delete "Department Stores"
Delete "Drapes and Slipcovers"
Delete "Family Day Care as defined in 173.001"
Delete "including drive-in facilities" from "Financial
Institutions"
Delete "Libraries"
Change "Multiple-family ... . etc." to
"Dwelling Units when contained in the same structure
as is an allowable use and subject to the following:
- the other allowable uses must comprise more than
50% of the gross floor area;
- the residential use shall be located in a
portion of the structure other than that which
has first floor street frontage.
Delete "Museums"
Delete "Optical equipment"
Delete "Parking lots and garages"
Add "Package Liquor Stores"
Add to "Restaurants" .. . "excluding drive-in or
drive-through facilities"
Delete "Single-family residences .... . etc."
Delete "Tailoring"
Delete "TV sales and repair"
To: Walter O. Barry, City Manager
Re: Work Session Background, Meeting of February 21, 1989
The Limited Commercial (LC) Zone District
Page 3
DELETE or MODIFY for the currently listed CONDITtONAL USES:
Delete "A.C.L.F.s"
Delete "Alcohol and drug abuse treatment facilities"
Add "Business Offices and Professional Offices when
located in a portion of the structure other than
that which has first floor street frontage"
Delete "Churches or places of worship ... . etc."
Delete "Clubs and lOdges ... . etc."
Delete "Cocktail lounges and bars shall provide a sufficient
exterior ingress and egress" from "Cocktail lounges
and bars subject to Chapter 113"
Delete "Community Center Facilities"
Delete "Continuing Care Facilities"
Add to "Gasoline service stations ....." an exclusion of
mini-marts or gasoline pumps as an accessory use to
food store.
Add "Drive-in and drive-through facilities which are
accessory and subordinate to permitted uses"
Delete "Hotels and motels"
Delete "Multiple family projects .... . etc."
Add "Museum"
Delete "Natural resource utilities"
Delete "Public utilities"
Add "Resorts"
FLOOR AREA SPECIFICATIONS:
Replace the existing text with the following:
"No single structure shall have a ground floor area in
excess of 10,000 square feet. No individual use either
alone or in combination with other businesses shall have a
floor area in excess of 5,000 square feet."
APPLICATION TO CURRENTLY ZONED PROPERTY:
(A) Atlantic Avenue, east of the Intracoastal Waterway
--no problems should exist, a specific structure by
structure, parcel by parcel analysis shall be conducted
concurrent with formal processing
(B) Harbor Centre, consideration should be given to rezoning
these existing developments to other districts such as GC
and POC -- specific recommendations would be made concurrent
with formal processing
(C) Shops of Seacrest, consider the existing site plan vested
but if it is not constructed and the site plan becomes void,
the vesting shall terminate.
(D) Pugliese/Albertson's -- same as Shops of Seacrest. If
constructed portions would be nonconforming; however, this
situation may be rectified once revisions are made to the
land use regulations, sUbsequent to the enactment of the
Comprehensive Plan.
(E) SAD on Linton -- a more appropriate zoning designation
should be placed upon that existing development -- a
specific recommendation will be made concurrent with formal
processing.
5 173,556
Bath shops
Beauty shops
Books tores
Broadcasting studios
Business machines, inClUding service
Business offices
Caterers
Cheese shops
Confectioneries
Cosmetics
Delicatessens
Department stores
Draperies and slipcovers
Drugstores
Dry cleaning, llmi ted to 1500 square
feet, customer pick-up only
Dry cleaning piCk-up stations
Exere! se facilities
Fabric stores
FamIly day care as defined in
S 173,001
Financial institutions, including
drive-in facilities
Flori s ts
Food stores
Gift shops
Heal th foods
Hearing aids
.',.\ Hobby shops
Home furnishings
../.(;':\!:\ ~. Ice cream parlors
<~;,.:;~.(:'J" Impor t shops
Interior decorator shops
~ .:' ," Jewelers
Leather goods
passea r-'::I:l-tl' } Libraries
Luggage
LC LIMITED COM11ERCIAL DISTRICT Multiple-family projects or dwelling
units, not exceeding 50\ of the
5 173.555 PURPOSE. gross floor area, in conjunction
with commercial purposes consistent
The LC Zoning District is intended to with this district, These projects
rrol/ ide an area for limi ted r e ta il shall comply wi th the district
commercial activities and offices, regulations for the RM-15 District,
located in canpletely enclosed buildings, except for setbacks and he i gh t
in order to preserve the character of which shall be as spec! f ied in this
certain specialty retail and office District, and are subject to si te
centers I to ensure that certain high and development plan approval (see
visibility areas are at tracH vely S5 173.865 through 173,870)
developed, or to gain greater control Museums
over the impac ts of commercial ac ti viti es Music shops
which are located adjacent to resi den ti al Ne.....sstands
areas, schools, and other sensitive uses. Opt! cal equ i pmen t
( '80 Code, S 30-13.1(AII (Ord. , passed Parking lots and parking garages
4-1-80; Am, Ord. 104-85, passed 9-24-85) Photographic equi~ent and supplies
Photographic stud os
S 173,556 PERMITTED USES. Professional offices
Restaurants
(AI All developnents in the LC Se.....ing supplies
District whose total fl oar area exceeds Single-family residences located on
5,000 square feet shall be subject to the same parcel of land as the
55 173,865 through 173.870, si te and commercial use
development pI an approval. Sporting goods
Stationery
(81 The fallowing are permi tted uses Tailoring
in the LC District: TObacconists
Toy shops
Antiques Travel agencies
Art galleries, supplies and era f ts 'IV sales and repai r
Auctions
Bakeries
Barbershops
. - .
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5 173.572 DELRAY BEACIl ZONING CODE 136
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associated with other agricultural uses, b 173.574 AGGIlEGA'l'E FLOOR AREA "-
nurseries, orchards and fruit groves, OlJlRE~N'I'S.
stablas, and other uses customarily
incidental to agricultural land use. No requirements.
(~80 COde,S 30-l3.2(E)) (Ord. 17-87,
Agricultual equipment, supplies, passed 2-24-87)
seed, feed, fertilizer '5 173.575
BUILDING SETBACKS.
Boarding stables Building setback requirements are as
Fann animals, including cattle, fowl, follows:
goats, horses, ponies, sheep, and other Side Side
animals customarily located in
agricultural areas Front IInterior) (Street) Rear
(Feet) (Feet) (Feet) (Feet)
Florists, garden SUpplies, plant
Shops, ornamental plant sales wholesale 10 5 10 10
and retail, landscapers ('80 COde, 5 30-l3.2(F)) (Ord. 17-87,
passed 2-24-87) Penalty, see 5 173.999
Horse ranches
5 173.576 BUILDING HEIGHT.
Pet shops, pet grooming parlors
All structures shall be limited to a
PUblic utilities in a fully enclosed maximum height of 48 feet, except as
building provided in 5 l73.032(A).
('80 COde,S 30-13.2(G)) (Ord. 17-87,
Riding academies passed 2-24-87/ Am. Ord. 4-88, passed
4-12-88) Penalty, see 5 173.999
Veterinary clinics (excluding on-site
disposal of carcasses) 5 173.577 WALLS AND FENCES.
(' 80 Code, 5 30-13.2(B)) (Ord. 17-87,
passed 2-24-87) (A) For applicable provisions, see
5 173.039. ,,""
5 173.572 CONDITIONAL USES,
(B) If the proposed commercial use '-
As orescribed in 55 173.845 through will be located adjacent to a residential
173.851: and after the review of the district (if separated by a property
application and plans appurtenant line) , the proposed commercial use shall
thereto, and hearing thereon, if the provide either a six-foot solid finished
Planning and Zoning Board finds as a fact masonry wall, a six-foot opaque fence, or
that the proposed use or uses, are a continuous hedge at least 4-1/2 feet in
consistent with good zoning practice, not height at the time of installation,
contrary to the Master Plan, and not located inside and adjacent to that
detrimental to the promotion of public portion of the boundary line of the
appearance, comfort, convenience, general proferty which is adjacent to the
welfare, good order, health, prosperity, res dential district. Proposed
and safety of the City, the following commercial Uses adjacent to residential
uses may be recommended to the Commission districts separated by streets or alleys,
as conditional uses: shall be governed by the provisions of
Chapter 159 (Landscaping).
Agricultural - vocational schools and ('80 COde,S 30-l3.2(I)) (Ord. 17-87,
research laboratories Passed 2-24-87) Penalty, see 5 173.999
Antique sales
Auctioneers 5 173.578 ADDITIONAL REGULATIONS SET
Bakeries FORTH ELSEWHERE IN THIS ZONING
Butcher shops CODE..
Cheese shops
Confectioneries The following additional regulations
Deli catessens apply in the ACT District:
FOod stores
Fruit and vegetable markets (A) Parking and loading
Health food stores regulations. See 55 173.770 through
Ice cream parlors 173.775 and 55 173.790 through 173.797.
Natural resource utilities
Restaurants (B) Landscaping. See Chapter 159.
Snack shops
('80 COde, 530-13.2(C)) (Ord. 17-87, IC) Signs. See Chapter 162.
passed 2-24-87) ('80 COde, 530-13.2(Hl, (J) , (X) ) (Ord.
17-87, passed 2-24-87) --
S 173.573 LOT DIMENSIONS AND SITE AREA. "-
(D) Industrial and hazardous waste
No requirements. disposal. In addition to the regulations
( 180 Code, 5 30-l3.2(D)) (Ord. 17-87, and requirements set forth in this
~ passed 2-24-87) Chapter, all permitted and conditional
......
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135 DELRA Y BEACH ZONING CODE 5 173.571
~ uses that are permanent rather than the commercially zoned property exist.
transitory in nature, that are conducted ('SO Code, 5 30-13.1(N)) (Ord., passed
within completely enclosed buildings 4-1-S0) Penalty, see 5 173.999
rather than outside, except as follows: 5 173.564 ADDITIONAL REGULATIONS SET
(1) Off-street parking, outdoor FORTH ELSEWHERE IN THIS ZONING CODE.
dining facilities and signs may be The fOllowing additional regulations
conducted or used outside.
apply in the LC District.
(2) Retail uses other than
those in division (1) above may display (A) Parking and loading
merchandise outside, adjacent to the regulations. See 55 173.770 through
building containing the main us. upon the 173.775 and 55 173.790 through 173.797.
following conditions.
(8) Walls and fences. See 5 173.039.
(a) An occupational District boundary 'lines.
license has been obtained by the business (C) See
making the display from the Building 5 173.036.
Department.
(D) Landscaping. See Chapter 159.
(b) No display will be signs;
permitted on public' rights-of-way, or (E) See Chapter 162.
areas used for public ingress and egress
whether public or private ownership. (F) Par k and recreation lan'd
dedication. See 5 173.071.
(c) The Fire CeparbDent ('SO Code, 5 30-13.1(H) - (L) , (0) )
may require the removal or modification (Ord., passed 4-1-S0)
of outside displays upon written order,
when such displays prevent or impede (G) Industrial and hazardous waste
adequate ingress and egress for emergency disposal. In addition to the regulations
vehicles. and requirements set forth in this
chapter, all permitted and conditional
(d) Display is permitted uses set forth herein must also fully
only upon property owned or leased by the comply with the requirements and
'--.-/ business conducting the main U8e. conditions of the city's industrial and
hszsrdous waste disposal r.gulations as
Ie) A maximum of 10' of set forth in Chapter 53. (Ord. 54-S7
the aquare footar' of the interior of the
building contain ng the main use may be
used for outside display, in order to
maintain the nature of commercial
activities in the LC Zoning District as
being conducted predominately in a
comfletely enclosed building. Any
bus ness wishing to display merchandise
outside shall permit a Building
Department employee or employees to enter
the main use structure containing the
business for the purpose of measuring the
interior square footage of the main use
structure for the purpose of enforcing
this division (e). In the event that
entry by the Building Department employee
or employees is denied, no outside
display shall be permitted.
('SO Code, 5 30-13.1(M) (1))
(B) Artificial lighting used to
illuminate the premises shall be directed
away from adjacent properti.s. ('SO
COde, 5 30-13.1(M) (2))
(Ord.. passed 4-1-S0) Penal ty, see
5 173.999
5 173.563 ACCESS.
Where commercially zoned property is
adjacent to, but separated by a street
from single-family zoned property, the
"~" commercially zoned property shall not use
such separating street as accesa unless
no other means of ingress and egress to
'":J.::
February 9, 1989
~B~!$~BQU~Q
Legislators at both the federal and state level are studying
the impact of disposable waste on the environment. One of
the main issues is that of plastics. The Florida legislature
is now working on a bill to require the use of biodegradable
plastics in all cases where it is feasible to do so. Florida
law requires decomposition in as little as 120 days.
The chemical used is added to the plastic resin batch in
manufacturing, and needs no special treatment or handling for
production. It is nontoxic and does not leave any heavy
metal residue.
Safeway, Canada, currently uses the material in shopping
bags. It is also marketed as newspaper wrapping bags.
eBQeQ~Bb
In order to increase the general public's awareness of the
new biodegradable plastics, I propose demonstrating the
effects of the degradable plastics.
Three temporary demonstration structures (wood frame) with
the dimensions of 4-by 4- by 8-feet will be used. The
~7
N.J. Marinaro (495-0956) / Beach Sweep / Apr i 1 8, 1989 / page 1
,
construction material will consist of 2- by 4-inch pressure
treated lumber for the frame. Chicken wire wi 11 be used to
cover all sides of the wooden frame.
Contained within the demonstration structures will be several
types of plastics used for packaging. Primarily, those
plastics used for food bags, buckets, and wrapping material.
Two types of each of the plastics will be used -- one without
the biodegradable c.hemical and one with the biodegradable
chemical.
One structure wi 11 be located in an area near the Atlantic
Avenue Pavilion and out of the direct pedestrian traffic
areas. The recommended location is on the beach side of the
dune area just north of the 1 i fe guard station.
A second structure wi 11 be located an area school upon the
approval of the principal, and a third at Florida Atlantic
University upon the approval of Dr. Stanley Dunn, Chairman of
Ocean Engineering.
I!tlH!!2
The Florida Sea Grant College of the University of Florida in
Gainesville is sponsoring a tlBeach Sweep II on Apr i 1 8. In
order to show some level of degrading on Beach Sweep day, it
wi 11 be necessary to start the project on Saturday, March 4
N.J. Marinaro (495-0956) / Beach Sweep / April 8, 1989 / page 2
.
,t.
,
,
,
,
I
or earlier, wi th approval. The project will end upon the
biodegrading of the chemically treated plastics, which
according to Florida law, takes 120 days.
N.J. Marinaro (495-0956) / Beach Sweep / Apr i 1 8, 1989 / page 3
j
,
I
,
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i
1
,
12EQ!':!12QB12
Confirmed: Ecolyte Corporation
Baltimore, Maryland
c/o John Stephenson
1 (301 ) 633-7500
Florida Sea Grant
Gainesville, Florida
c/o Dr. Marion C. Clarke
1 (904) 392-1771
Pending: City of Delray Beach
c/o Mayor Doak Campbell
1 (407) 243-7000
Florida Atlantic College
Department of Ocean Engineering
c/o Dr. Stanley E. Dunn
1 (407) 367-3426
Home Depot, Inc.
Atlanta, Georgia
c/o Brenda Taylor
1 (800) 554-4007
N.J. Marinaro (495-0956) / Beach SWee.tl "L.8.c.r . ~e..t 1969 /...c..oe 4
'i
. . ~<<L
MEMORANDUM
To: Lula Butler, Community Improvement Director 'IP ~
From: Joyce A. Desormeau, Occupational License & Sign Administrator~
Date: February 16, 1989
Subject: ARCHWAY SIGNAGE BOCA RAY PLAZA
-----------------------------------------------------------------------------
Reference sign code change request for Boca Ray Plaza, allowing signs to be
placed on the arcade front.
The sign code for shopping centers limits the location and size of the tenantB
signs based on 15% of the building face of each tenants' unit. The sign is to
be placed at the location where the calculations are computed and each tenant
is permitted one flat wall sign.
Proposed arcade signage would not be able to follow the calculation
guidelines.
Upon discussion of such arcade signage with the Asst. City Attorney, it was
determined a code restricting size and number of signs on shopping center
arcade fronts was not easily regulated by code, as each shopping center is
distinctly different and thus leaves the possibility of completely covering an
arcade front.
If such a proposal were to be implemented, it is suggested the tenants flat
wall sign be eliminated at the business location in place of the arcade sign,
in order to maintain a overall code consistency of one flat wall sign per
business. The store owner may replace the flat wall sign at the business
location with an under canopy and/or projecting sign, per existing code.
It is suggested the Community Appearance Board then aesthetically determine
the size and total number of signs allowed on each shopping center arcade, and
be allowed the option to determine if aesthetically arcade signs are
appropriate by viewing each shopping center architecturally on an individual
basis,
c: Martin O'Shea
ctti
LAW OFFICES OF A ..t t.
ROGER G. SABERS ON, P,A, t',.# 'j/ Ii n
DELRA Y EXECUTIVE MALL FEB 1 6 1989
110 EAST ATLANTIC A VENUE
DELRA Y BEACH. FLORIDA 33444 CITY MANliGER'S OFFICE
{407j272-8616
February 16, 1989
Mr. Walter Barry, City Manager
City of Delray Beach
100 N.W, 1st Avenue
Delray Beach, FL 33444
Re: Boca Ray Plaza - Sign Code Amendment
Dear Walt:
In accordance with your prior confirmation, it is my understanding
that the above item will be on the workshop agenda for February 21,
1989, In that regard I enclose a proposed draft of the sign code
amendment which has been submitted to the City Attorney's office.
"~h~"'
ROGER G. SABERSON
RGS/sms
Enclosure
~1
(
l
I
(1) Shopping centers only.
(a) One main use sign which may be either: a freestanding sign,
fixed proj ection sign, or flat sign subj ect to the size limitations for
signs contained in division (F) (3) and (4) of this section. The main use
sign may display the name of he shopping center, list some or all of the
names of the retail stores and service establishmentB contained therein, or
may combine the shopping center name with the list of separate stores and
establishments provided that in all instances the above referred to size
limitations are observed,
(b) In addition, each unit of a shopping center shall be allowed
one flat sign not to exceed 10% of a unit front face area which shall be
limi ted to the first 12 feet from floor level times the width of the
building (subject to decrease in size or area by the Community Appearance
Board) and window lettering not to exceed 5% of a unit front face area.
Any building or premises bordering on two public streets is allowed one
flat sign for each bordering street.
(c) In addition. in shoooin~ centers with a minimum acrea~e of
six 6 acres each unit of the ho n ce located w thin a
breezeway. shall be allowed one additional si~n not to exceed * *
uoon the followin~ terms and conditions:
L The additional sisz:n for each unit within a breezewav
shall be located at the front entrance of the
breezeway:
L The sisrn shall be located above the entrance to the
breezeway:
.1.. This uaraszrauh (c) shall not be aoolicable to any
enclosed mall:
h Notwithstandin~ any other orovisions in this Chaoter
162. the additional si~na~e oermitted herein shall not
be construed to be an "off-nrernises siszn" or anv other
tvoe of si~n which mi~ht otherwise be orohibited under
this Chaoter 162.
,
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1/25/89 Frank Spence - FYI '1-,k 2.. I ,~. V'O U/~ ~ -~
To: w~'7
a~"t;. r~f/)
~r {;:; t~
[try DF ijrglRfU1M DfMf"if"H
' .. .,. " . ,ll.,,;,'t ~,:;l r f i " r _I.., '~ f ' , , fir.. e c
iul;'~,. d.,
l:.rc~. ~ -t6 ~
"" I' ,'. i "I'E ", III', P'!~"\ .UII' , 305/243.7000
ME M 0 RAN DUM ~ . 9-~//U,
TO: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR "
FROM: JOYCE A. DESORMEAU, OCCUPATIONAL LICENSE & SIGN ADMINISTRATOR ~~b
. (\ <;lY~
DATE: JANUARY 24, 1989
SUBJECT: ARCHWAY SIGNAGE BOCA RAY PLAZA
Reference letter January 5, 1989 from Roger G. Saberson to Walter Barry
regarding illegal flat wall sign (Allstate) placed above the Boca Ray
Plaza archway.
Subject sign was submitted to this department July '88 and not issued
a permit due to the location of sign not being oyer the place of the
business per 1.62.035(D) (F) (1) (b) . The sign was thereafter installed
without permit at subject location.
The Ass't. City Attorney, Jeff Kurtz, and I reviewed the shopping plaza
plans, after receiving an inquiry from Roger Saberson and found objections
to proposed sign code change. The City CommissionerB subsequently agreed V
not to review subject sign code changes.
The sign size is based on 15% of the building face of the tenant's unit,
making the sign size harmonious with the unit face on which it is placed.
These calculations would become meaningless if the sign was placed other
than the business location.
The Ass't. City Attorney determined a code restricting Bize and number
of signs on shopping centers arcade fronts was not easily regulated by
code and could not prevent the complete arcade front from being completely
covered with signage, therefore it was strongly urged not to pursue the
code change request.
~
. . II Ilrl'
_____n___,__
~~
[Iry OF DElRAY BEA[H I":J
100 N.W. 1st AVENUE DELRAY BEACH;FLORIDA 33444 4071243-70
MEMORANDUM
TO: Frank Spence, Director
FROM: City Manager &0
SUBJECT: SIGN CODE VIOLATION-- BOCA RAY PLAZA
DATE: January 10, 1989
Attached is a letter from Roger Saberson regarding a sign code
enforcement action at the Boca Ray Plaza located a~ the southeast
corner of Military Trail and Linton. Saberson is asking for abeyance
of enforcement action pending consideration of a sign code
modification. I have not reviewed the sign code amendment but Jeff
Kurtz indicates that the amendment, if approved by the City Commission,
would in fact resolve this code enforcement violation.
WOB:cl
[;;~ :L~ i.~-- ~~ ~i~~~
Enc1
RECEIVED
JAM 1 3 89
..,.-' 1PROVEMEN'T
c~Y'J," It. 011/1Sl0N
ADMINlS1RATION
THE EFFORT ALWAYS MATTERS
,
hCC ElVED
LAW OFFICES OF
ROGER G. SABERSON, P.A. JAN 91989
DELRA Y EXECUTIVE MALL
110 EAST ^ TLANTJC ^ VENUE CITY MANAGER'S OFFICE
DELRA Y BEACH. FLORIDA 3344.
(407)272-8616
January 5, 1989
Mr, Walter Barry, City Manager
City of Delray Beach
100 N,W, 1st Avenue
Delray Beach. FL 33444
Re: Boca Ray Plaza Southeast Corner of Military Trail and
Linton Blvd. . Proposal to Amend Sign Code and
Abatement of Enforcement in the Interim
Dear Walt:
This will confirm our phone conversation of January 5, 1989 in
regard to the above subject. I enclose herewith a copy of the
Violation Notice received by my client which cites two violations; (1)
undercanopy signs, and (2) flat wall sign over archway,
My client has directed his property manager to take care of the
undercanopy sign issue by applying and. paying for the appropriate
permits,
As to the flat wall sign above the archway, I have discussed with
some Commissioners (and will speak to the others) and with Mr, Kurtz,
in the City Attorney's office, a possible amendment to the sign code
which would allow this type of sign, We would appreciate .you abating
any enforcement action against my client in regard to thiB tYPB of sign
until the City Commission has had an opportunity to review the proposed
sign code amendment and decide either for or against it.
In that regard. we would appreciate 30U schedulin& for the first
available worksho!, a discussion item with the cit corron ssiul1tu:s
regarding the !,ro osed si ent, It is my understanding
that the next workshop agenda of January 17, 1989 is already full and
that, in all probability, we would be scheduled for either January 31,
1989 or the next workshop thereafter.
Thank you for your cooperation in this regard.
'2?t yoo,.,
'}
R GER G, ~RSON
RGS/sms
cc: Mr. Seth Gadinsky
,
,
I
,
Upon question by Mayor Campbell, the City Manager advised the
neighbors on both sides and across the street have consented to the day
care facility.
Mayor Campbell stated that although the neighbors do not have a
problem with this, he finds it totally inconsistent with a residential
neighborhood. He feels that even though the 35 children may be coming
from that neighborhood, the center is going to adversely impact the
houses around it with traffic and noise.
Ms. McCarty stated that they are getting quite a few day care
centers coming in now, and they have the Child Care Task Force who will
be meeting tomorrow. She would hope that they can get some sort of
report or have the Task Force develop a plan where there can be neigh-
borhood day care centers not just in one area.
At this point the roll was called to the motion.
David Kovacs advised that Mr. Weatherspoon's motion was for the
conditional use and did not include the site plan which was not docu-
mented in the background material. Therefore, he would like to request
a separate motion to approve the site plan, subject to the following
conditions:
1. The northeast driveway proposed from S.W. 2nd Street must be a
minimum of 25 feet from the intersection of S.W. 2nd Street and
S.W. 1st Avenue. This will require all parking and driveway
configurations along S.W. 2nd Street to be adjusted (see
discussion on saving existing tree under standard #3).
2. All proposed hedging adjacent to rights-of-way (S.W. 2nd Street
and S.W. 1st Avenue) must be placed along the interior of the
required five foot perimeter landscape buffers. Hedge material
within the perimeter landscape buffers must be terminated a
minimum of three feet from all driveways to maintain proper
site distance.
3. Foundation plantings must be submitted for review by the City
Horticulturist.
4. Provide "Do Not Enter" sign at exit of drop-off drive on S.W.
1st Avenue.
5. Pursuant to Section 159.02, protective curbing is required for
all landscape adjacent to access ways.
6. Pursuant to Section 173.772 (C) (2), a sign at the head of the
handicapped space is required in addition to handicap striping
and marking.
7. An additional 5 feet of right-of-way must be dedicated for S.W.
1st Avenue.
8. Platting is required.
Ms. Horenburger moved to approve the site plan, subject to
conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes1 Ms. Horenburger - Yes1 Ms. McCarty
- Yes1 Mr. Weatherspoon - Yes1 Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
19. Site Plan A roval and Office Use in an RO Zone District. The
COiiimi.ssion l.S to consider a Sl.te Plan and office use or Chrl.stopher
O'Hare, located on the west side of North Swinton Avenue between N.W.
1st Street and N.W. 2nd Street. The Planning and Zoning Board recommend
approval, subject to the following conditions:
1. Revised plan showing location of all water and sewer utility
lines prior to the issuance of building'permits.
2. A revised site/landscaping plan be submitted and approved by
the Ci ty prior to issuance of building permits, with the plan
to include appropriate concrete or timber car stops.
3. Sod or ground cover over a former parking space west of the
garage 1 that the Tribulus Cistoides to be planted in right-of-
way be firmly established within 90 days of planting1 and that
two additional trees be placed along the south property line
unless this requirement is waived by the Commission.
-9- 1/10/89
4. If a pea-rock parking surface is not allowed a revised drainage
plan and associated calculation be provided.
Mr. weatherspoon moved to approve the site plan and office use,
subject to the conditions, seconded by Ms. McCarty.
Christopher O'Hare, applicant, stated he would like the Commis-
sion to consider waiving the conditions.
The City Manager advised that staff is recommending that Mr.
O'Hare's request for a waiver of the pea-rock parking surface be al-
lowed. They will advertise for a waiver of the ordinance for Commission
consideration.
Upon question by Mayor Campbell, the Assistant City Attorney
advised they do have to advertise as it involves the waiver of an
existing ordinance, rather than an appeal. Mayor Campbell stated he
understands they have to advertise under the current ordinance: however,
he questioned if they could, in the future, cut down on the time and
trouble and have the ability to waive in one hearing. The Assistant
City Attorney stated they could do that through an ordinance revision
and have the City Engineer's decision on parking surfaces appealed to
the Commission.
Upon question by Mayor Campbell, Mr. Kovacs stated they do not
give courtesy notices to neighbors on site plans. Mayor Campbell stated
perhaps they need to look at this issue as they have discussed this in
the past. He requested that this be placed on a workshop agenda.
Mr. O'Hare advised, with regard to the conditions, that instead
of the 6" non-mountable concrete curbs, he would like to request that
the existing 1 x 6 edging be permitted to remain: with regard to sod or
ground cover in the location of.a former parking space, he would like it
to remain in gravel and, finally, with regard .to the provision of two
additional trees, he has no objection to putting them in, however, he is
trying to break the precedent of the landscaped walls on the perimeter
property line so he would like the existing planting to remain as is.
Mr. Weatherspoon amended his motion to approve Mr. 0' Hare's
request and direct the City to advertise for the waiver, Ms. McCarty
amended her second. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes: Ms. Horenburger - Yes: Ms. McCarty - Yes: Mr.
Weatherspoon - Yes: Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
20. Change Order No. 1 - Linton Boulevard Beautification. The
Commission is to consider a contract decrease of $7,412 necessitated by
design changes to accommodate traffic movement at Albertson' s Shopping
Center, located at Military and Linton.
Mr. Weatherspoon moved to approve Change Order No.1, seconded
by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes: Ms. Horenburger - Yes: Ms. McCarty - Yes: Mr.
Weatherspoon - Yes: Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Ms. Horenburger left the Commission Chambers at this time.
21. Waiver of Sidewalk - St. Mary's the Virgin Church. The Commis-
sion is to consider a request by the church to waive the requirement for
construction of a sidewalk along Homewood Boulevard.
The City Manager stated that staff's position is that they
would not object to waiving this along Homewood Boulevard because at
some point they expect the sidewalk to go between Atlantic Avenue and
Linton Boulevard. Therefore, although it is not contiguous at the
moment, it will be at some point.
William Koch, representing the Church, stated if the Commission
would allow them to get along without putting the sidewalk in now, when
the City does extend it they will be more than willing to do so at that
time.
-10- 1/10/89