06-20-89 Special/Workshop
I I
CITY OF DELRAY BEACH, FLORIDA
SPECIAL & WORKSHOP MEETING - CITY COMMISSION
June 20, 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.
SPECIAL MEETING
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Doak S. Campbell has instructed me to advise you
of a Special Meeting of the Commission to be held in the Comm~ssion
Chambers at 7:00 P.M., Tuesday, June 20, 1989. i
This meeting has been called for the purpose of considering:
1. Auburn Trace Final Plat and revised Site Plan approval.
2. Downtown Development Authority's Request to lease parking lots.
3. Consideration of joint venture proposal for the acquisition of
Laver's Tennis Center.
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beth Arnau
Clerk
WORKSHOP AGENDA
1. Discussion of Pineapple Grove Way Beautification Project
(Beautification Task Force Chairman John McKenna).
2. Consideration of lease on Old School Square (Robert Barcinski).
3.
Discussion of
Campbell) .
Procedure
for Commission's Inquiries (Mayor
[ITY DF DELRAY BEA[H
100 N.W. 1 st A VENUE
DE LRA Y BEACH, FLORIDA 33444
407/243- 7000
EXECUTIVE SESSION
OF
THE CITY COMMISSION
An Executive Session regarding an overview of the
status of Labor Contracts will be held on Tuesday, June
20, 1989, in the Conference Room at 6:30 P.M., pursuant
to Florida Statutes 447.605.
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Eliza th Arnau
City lerk
THE EFFOHT ALWAYS MATTERS
. June 16, 1989
MEMORANDUM
TO:
WALTER O. BARRY, CITY MANl}fi'ER
'~11~
FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
AUBURN TRACE PROJECT - PRECONSTRUCT ION CONFERENCE
SUMMARY REPORT
THRU:
FROM:
RE:
On Wednesday, June 14, 1989, staff participated in a
preconstruction conference with members of the Auburn Trace Joint
Venture Group. The meeting was attended by members of the DSMG
and TAC. Although the building permit application ar:id
construction drawings have been received, we still have several
outstanding items to resolve and or submissions required by the
developer prior to the issuance of the building permits.
Engineering cannot sign off on construction drawings until
revised drainage and paving drawings are submitted; revised
landscape drawings are outstanding and some additional revisions
to the final plat document are required for proper coordination
between the plat and the site plan.
Staff reviewed all Federal requirements such as compliance to
Davis-Bacon Labor Laws, monthly construction status reports,
documentation of job requirements, legal required postings, etc.
We will be establishing procedures for submission of all reports
and monthly draw requests.
The pre-construction meeting between Public Utilities,
Engineering and the Contractor for infrastructure will occur
sometime next week after revised drainage and paving plans are
submitted. The developer has addressed most of the major
conditions noted at the preliminary site plan review. It is
staff's opinion that most of the items outstanding can be
accomplished within the time constraints imposed if the developer
continues to be responsive.
No formal date has been set for the official groundbreaking
ceremony. This may occur sometime after the actual start of
construction since the Joint Venture Group is working towards
getting some major political figures to attend.
cc:
Jeff Kurtz
Dorothy Ellington
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER
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THROUGH: FRANK ~ ~ENCE, DIRECTOR
DEVLEOPMENT SERVICES GROUP
FROM, Q,~>\~~S~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION DOCUMENTATION - SPECIAL MEETING JUNE 20
SITE PLAN FOR AUBURN TRACE
ITEM BEFORE THE CITY COMMISSION
The action requested of
approval of a site and
development plan must be
building permits.
the City Commission is that of
development plan. The site antl
approved prior to the issuance of
STATUS
On March 28, 1989, the City Commission deferred action on this
site plan until such time as it considered the final plat.
Deferral was a preferred route as opposed to approval subject to
numerous conditions.
On May 23rd, a written status report was provided to the City
Commission concurrent with the Commission's consideration of
amendments to other items associated with this project.
Individual members raised some concerns and identified items they
wished addressed when the site plan came back before the
Commission.
Attached are two status reports on the site plan. AS of this
writing a revised site plan which can be adequately reviewed in
order to determine code compliance is not in-hand. Thus, in
order to proceed with the project and meeting construction start
dates it is necessary to act on a previous submission.
Items which are of interest to Commission members and which were
raised previously are addressed in the status reports.
RECOMMENDED ACTION
By motion, approval of the June 7, 1989, version of the site and
development plan for Auburn Trace subject to the fOllowing:
1. That a revised site plan which meets all zoning and
development regulations be submitted to and approved by
the Director of Planning and Zoning by September 1,
1989.
2. Items which were previous conditions of approval (as
recommended by the Planning and Zoning Board) and which
are not identified (in any formal record) as not being
applicable remain conditions of development approval
and will be imposed during the construction phase of
the project.
Attachment:
status reports of June 16th and June 11th
site plan of June 7th, provided separately
SUBJECT:
AUBURN TRACE, SITE PLAN STATUS
JUNE 16, 1989
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE:
BY:
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Attached is the status report of June II, 1989. Since the writing
of that report revised plans have not yet been submitted. With
respect to other items identified in that status report, the
following is up-date is provided:
Page 2, Site Plan Boundaries -- the error in the boundary
description on the site plan has been aCknowledged. While it is
likely that all building locations can be shifted to accommodate
the error, other changes will occur. These include:!
.. changes to the "amenities block" which may reduce the size
of facilities or landscaping
.. reduction in the number of parking spaces and/or perhaps
accommOdating them in area which were otherwise dedicated
for landscaping
.. Changes to the detailed water, sewer, and drainage plan with
respect to length of facilities and elevations etc.
It ~ill not be possible to have a revised site plan in-hand and
reviewed prior to action by the City Commission. Thus, the
Commission will need to approve the previous site plan (June 7th
edition) with a condition that a revised site plan which meets
code be administratively approved.
Page 3, Access to Carver Estates The referenced power pole
cannot be relocated; thus, redesign is currently underway. The
new design will also require a change to the tracts description
on the plat.
Page 4, Revisiting Relocation of FPL transmission lines
Relocation will not be necessary since the poles will not be in
the roadway; however, it is noted that the poles will be only
five feet from the edge of pavement along this City Collector
Street.
Attachment: June lIth status report
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ITEM:
AUBURN TRACE, FINAL PLAT & REVISED SITE PLAN
REVIEW OF SUBMITTALS, STATUS
SUBJECT:
DATE:
JUNE 11, 1989
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proiect Review/Processinq Status:
On March 20, 1989, the planning and Zoning Board forwarded a site
plan package to the City commission with a recommendation of
approval subject to conditions. The BOard did not delve deeply
into the project given the history of the project and the length
and detail of the recommended conditions.
On March 28, 1989, the City Commission deferred action on the
site plan until such time as they would consider the final plat.
r
On May 23, 1989, a written status report WaS provided to the City i
commission concurrent with the Commission's consideration of
amendments to other items associated with this project.
Individual members raised some concerns and identified items they
wished addressed.
The submission items which are in-hand at the time of the writing
of this status report are:
Final Plat, as revised, stamped June 6, 1989;
Site Plan, as revised, stamped June 7, 1989;
Landscape Plan, of April 18, 1989
Water & Sewer Plans, dated April 15, 1989;
Paving & Drainage Plans, dated April 15, 1989.
All plans, except the final plat, are based on the site plan.
The plans dated in April reflect most of the concerns listed in
the conditions brought before the Planning and Zoning BOard.
SUbsequently, site plan Changes have been made to accommodate the
following:
redesign of the entry for better pedestrian movement
and accommodation of the guardhouse;
redesign of the first interior intersection and the
accommodation of a trash compactor;
redesign of the "amenities block";
accommodation of a revised entry into Carver Estates
off of Auburn Avenue.
The landscaping plans, water & sewer plans, and paving & drainage
plans are being revised to accommodate the above cited changes to
the site plan.
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Significant
Conflicts:
Problem
Areas
and
Potential
Staff/APplicant
.. Site Plan Boundaries correlating the site plan with
the final plat shows a difference of 10' more in length along SW
4th Street on the site plan; a 10' area north of the cemetery is
included on the site plan but not on the plat; the length of the
north/south boundary along the cemetery, per the site plan, is
12' or 22' longer than on the plat.
The significance of these discrepancies is that the north half of
Auburn Avenue may need to be moved to the east and adjacent units
also moved in order to retain required setbacks. Also, some
units along ~the south boundary must be moved to accommodate
setbacks and~parking area in the southwest corner must be moved.
Finally, the new entry to Carver Estates must be located further
north in relationship to the utilities and structures within
Auburn Trace.
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Lift Station the revised site plan does not:
accommodate the location of the lift station as it is
identified on the plat. The entire area adjacent and north
of the management facilities needs coordination among the
site plan, landscape plan, and water & sewer plan.
Conflicts exist between the. force main (sewer), water mains,
and earlier landscaping plan.
..
GUardhouse Location -- The first submittal showed the
guardhouse over the raw water transmission mains. It was
then located to avoid those mains but resulted in creating a
less than desirable street intersection within the project.
In a compromise design, the guardhouse is located within the
easement for the water transmission mains thus accommodating
a better designed intersection. Approval of the City
commission is necessary in order to accommodate this
location. It is recommended that approval be given only in
accordance with the following:
I. that an agreement be executed whereby the City is held
harmless for damage to structures or for any liability
associated with the guardhouse being in the easement
and close to the water mains;
2. that the guardhouse not be located above the water
mains themselves;
3. that the guardhouse be constructed upon a berm so that
its footings are not in proximity to the water mains --
this item to be field-worked with the Chief Building
Official.
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catberine Stronq Fence relocation -- The site plan and the
landscaping plan have called for this fence "to remain".
However, the drainage plans called for extensive earthwork.
Accordingly, the two east/west fences and the north/ south
fence will need to be relocated. The earthwork apparently
will require destruction of the backstop and ballfield.
Police Patrol Accessibility -- Condition of approval U4
required, in part, "provision of an electronically
controlled access system which can be activated at the
police station" and "provision of a manual override to the
access gate in a manner acceptable to the Fire Chief". The
reason these provisions were required was because of the
lack of visibility into the development from the street
system (a vine covered fe~ along 4th Street, the cemetery
to the east, and Carver Estates to the south), the fact that
a thirty-six square block area does not have through
traffic, and the relatively high rate of incident'!. in the r
area. The conditions were accepted rather than attempting'
to create additional design and manpower security aspects,
into the development. The developer has not yet been
successful in providing the desired system. By a letter of
June 9th, an agent has asked that this item be~onsidered.
Please see his letter (attached) which concludes "to burden
an affordable housing development with this t.ype of
sophisticated equipment is unreasonable. Palm Bea~h County
has any number (of) development(s) with single entry guarded
gates without any secondary ingress. why Auburn Trace has
to be burdened with thouSands of dollars for the gate and
additional work is beyond me."
..
Access to Carver Estates -- Although an agreement is reported to
have been reached with the Housing Authority, documentation to
that effect has.tYet been provided. While the design of the
proposed entry i; acceptable, the site plan does not show the
relationship of the entry to structures within Carver Estates.
This matter may be clarified further upon receipt of the revised
paving and drainage plan. Also, field observation indicates that
at least one FP&L transmission line pole will be within this
travelway. Arrangements for handling this situation are
necessary.
Plat Description -- The legal description of the territory which
is platted needs to be exactly as that which is being purchased
by Auburn Trace Joint Venture with a separate description for
each deed transaction. For-the-most-part, this problem is to be
resolved through the City Attorney's Office. One portion which
is not, is the right-of-way being obtained through the Housinq
Authority. If the ownership is not vested in the Joint Venture,
then that right-of-way would not be included on the plat.
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Ball-court alonq SW 8th Avenue -- The existing ball court and
play area along SW 8th Avenue is not a City facility. It is not
desired that a publicly operated facility be located there. The
present facilities will need to be removed in order to
accommodate construction of the dry retention area. Once
completed, there will be an area 100' deep and more than 30' wide
which will be paved for access and a turnaround and which will
have some landscaping. This is an emergency accessway only;
thus, if the neighboring community wishes to relocate (or have
relocated) the existing hoop area and swings, it may be
appropriate to locate them along the emergency accessway with the
permission of Auburn Trace Joint Venture.
Larqe Drv Retention Area -- This area, located west of Auburn
Avenue and adjacent to Catherine Strong Center, is approximately
6 acres in size. It will have street trees, 40' on-center~ along
Auburn Avenue and a new cyclone fence on its south and west
boundary. Otherwise this area will only be grassed. Ourinq the
City Commission review of the site plan, project representatives
stated that they "will look at something else". However, nothing
further has been provided. t
Perimeter Landscapinq Early concepts for the development
called for a perimeter wall. The Joint Venture site plan showed
a chain link fence along SW 4th Street and SW 8th Avenue. To
provide for screening, the v proponents advanced a concept of
early, heavy planting of bougainvillea. Condition #19 set forth
the requirements for the program. Wheh raised prior to the City
Commission review of the site plan (May 23rd), a project
representative wrote "with respect to the early planing of the
bougainvilleas, we will definitely have an early planting of this
item; however, much of the site work will have to be completed
before we can put in an irrigation system, so that these planting
will be assured of proper watering. I am sure you realize that
we cannot use City water for this; therefore, a well must, be sunk
and pumps, etc., have to be provided for this work. Be assured
that it is high on our priority list. The consideration of an
alternative treatment waS also raised at the review before the
Commission. Neither an alternative plan nor a contingency plan
have been provided.
Revisitinq Relocation of FP&L Transmission Lines -- The apparent
error in the location of Auburn Avenue on the site plan again
raises the question of conflicts of the the travelway and the
FP&L transmission poles. While FP&L has agreed that the
travelway can be under the lines, the concern is with the
location of the poles within the right-of-way vis-a-vis moving
vehicles. If the street is moved further to the east, the poles
may now be along the edge of the pavement and this is an
unacceptable situation.
Cost of off-site improvements -- The final plat submission is to
include estimates of off-site improvement costs and arrangements
for accommOdating financial guarantees. Discussions with the
City Attorney's Office has lead to an understanding that
arrangements other than a performance bond will be acceptable.
Neither a written estimate of costs or a formal statement from
the City Attorney's Office has been provided as of yet. The cost
of these improvements beyond a sum of $200,000 is the obligation
of the developer. - 4 -
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other Items: These items will be addressed upon review of
revised plans which are not yet submitted.
.. consistency of sidewalk widths on various plans (site,
landscaping, paving);
.. equipment to be provided in the tot lots along with details
of fencing and access to the tot lots;
.. modification to dedication statement (plat) so that
recreational use can be accommodated in the future on 6 acre
dry retention area; and agreement between the Joint Venture
and the City for potential conveyance at the request of the
City. ;
.. formal granting of waiver for a sidewalk on the east side of
Auburn Avenue only;
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.. the name of the entry street is to be chanqed and noted a8
such on the site plan; also a letter requestinq designation
of the street names needs to be provided since the names
will not be formally approved with the plat;
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ACTIONS TO BE TAKEN:
June 19th @ P&Z Meeting:
.. certification of the final plat, with the notation that the
description is to be modified (if necessary) to reflect the
language upon the various deeds which are involved in the
property transaction; and modification to the dedication
involving Tract B to allow for future use for recreational
purposes.
.. comment on the site plan as they desire'; no comment is
necessary, however, the status report will be provided to
the Board Members.
June 20th @ City Commission meeting:
.. approval of the final plat, this action must follow transfer
of title of all property described in the plat if it has not
yet been done;
.. approval of the site plan after review of the status report;
any conditions should not be precedent to issuance of a
building permit
a listing of conditions of approval will be prepared on
June 19th following further discussions with the Joint
Venture and affected staff
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any conditions will continue to be monitored during the
construction phase.
Attachment:
plat
site plan
ATJV letter of June 9 seeking relief from the access
requirements
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RECEIVED
JUN09S9
PLANNING
,..\UBURN JF:?\CE .J()INT VENTURE
4723 W. Atlant.c Avenue, Suite 9
Delray Beach~ Florida 33445
('IOn 405-'8470
June 9, 1989
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attn: David Kovacs, Director
Planning & Zoning
Dear David:
Regarding your letter to Sgt. Ross Licata, please be advised that
I have been in constant contact with him for the past two weeks.
I don't know who informed you that sllch an access is no longer
required but if that is correct, please advise me.
In the meantime for your edification, we have
this problem with Our security people, fencing
guard gate suppliers and contractors.
been researching
contractors and
The stipulation that the police will not carry any keys or opera-
tors makes this practically impossible. After a great deal of
research, we came up with the follow1ng system: a telephone
would be installed at the gate, when the officer picks up the
phone it automatically rings at the Police Station. The station
then di al s a code number and 'automati call y opens the gate.
However, the police rejected this because the telephone would
have to be in a locked box, therefore, a key. We then dev1sed a
system that would eliminate the phone at the gate, and the police
Dr Fire Department would radio the statIon with instructions to
open the gate. Hawever~ the Fire Department insists on a manual
override in case of electrical failure.
No one has been able to overcome the problem yet.
.Qver1de would enable anyone to operate the gate.
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10 burden an affordahle hous1ng development with th.s type of
sophisticated equipment lSllnreasonable. Palm Beach County has
drl'l number development wi th 51 ng 1 f? entry guar'ded gates ~~iibQ~i
S160.90::;,
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I~Qi!. 2~~QQQ~r.:i! ingress. Why Auburn Trace has to be bLIr-dened ~'J] th
thousands of dollars for the gate and additional work is beyond
me. Please reconslder thlS request.
Very truly yours.
/
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AUBURN TRACE JOINT VENTURE
~,
Managing Partner
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5160.903
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
WALTER O. BARRY, CITY,MANAGER
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THROUGH: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
FROM: ~ ~A1?~ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION DOCUMENTATION, SPECIAL MEETING, JUNE 20
AUBURN TRACE FINAL PLAT
ITEM BEFORE THE CITY COMMISSION
The action requested of the City Commission is approval of
the final plat for Auburn Trace. It is necessary to have an
approved final plat prior to the issuance of building
permits.
STATUS:
The Planning and Zoning Board will be considering this item at
its meeting of June 19th. The Board is acting upon the current
submittal. That submittal is underqoinq revisions as of this
writing. It is hoped that a plat, with all supporting documents,
in a state ready for approval and execution will be available at
the Special Meeting.
Attached is the Planning and Zoning Board I s Staff Report. An
oral report will be given at the City Commission meeting with
respect to the status of the proposed conditions of approval.
Attachment:
- P&Z Staff Report
REF/DJK#46/CCAUB.TXT
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PLANNING B-
CITY OF OELRAY
ZONING BOARD
BEACH
MEETING D=lTE: JUNE 19.1989
AGEf\()=J ITEM: IV. G
STAFF REPORT ___
CONSIDERATION OF FINAL PLAT AND REVISED SITE PLAN APPROVAL FOR THE AUBURN TRACE
ITEM: DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF S.W. 8TH AVENUE AND S.W. 4TH STREET,
JUST NORTH E AUBURN TRACE JOINT VENTURE
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GENER8L. ~OATA,:
OWner.....,.....................City of Delr.y Beach
Contract Purcb..er..............J.y FeIner
AubLlrll Trace Joint Venture
Location........................On the west side of S.W. 8th
Ave., between S.W. 4th St. .nd
S.W. 7th St.. if these streets
are extended. we.tward.
Property Slz....................35.16 Acre.
c......uty -'velo_nt PlAn... .Ilulti-Fuily Rea1dectial
Ex1.tillg ZOning.................RM (Me.li.... to MecU....-High Density
Dwelling Di.trict)
Adj.cent Zoning.................North. e..t and we.t of the
.ubject property 1. zoned R-1A
(Single-Family Dwelling
District). South i. zoned R-1A
and RM-15 ,(Multiple-Family
Dwelling Di.trict).
Existing Land u.e...............V.c.nt l.nd
Propo.ed Land U.e...............258 multiple family unit., with
attendant recreational and
l.undry f.cilitie., and . child
care center.
Water servloe...................Requlre. c~n~tn9 the proposed
6" water maina to the eXisting 6"
main. on S.W. 4th St., S.W. 8th
Ave. .nd S.W. 15th Ave. and
extending the maina on to the
sIte where the system will be
looped .
Sewer service...................prOvlded vi. proposed 8" mains
which will loop into the propo.ed
Auburn Trace lift station.
ITEM: :IE. a,
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ITEM BEFORE THE BOARD
The action requested of the BOard is that of certifying the
final plat submission for the Auburn Trace development
project.
We have a combined preliminary/final plat submission since
only two lots are being created along with tracts which are
for either water management or access purposes. Otherwise,
the submission is essentially a boundary plat.
PREVIOUS CONSIDERATIONS:
On March 20, 1989, the Planning and Zoning BOard forwarded a site
plan package to the City Commission with a recommendation of
approval SUbject to conditions. The BOard did not delve deeply,
into the project given its history and the length and detail of
the recommended conditions. Previous to that time, the BOard
considered and recommended approval of changes to the Land Use
Map and Zoning to acconunodate RM designations. As an
informational item, we have attached a status report on the site
plan. The BOard need not act or comment upon the site plan since
it has previously been before you.
On March 28, 1989, the City Commission deferred action on the
site plan until such time as they had the final plat before them.
Both final plat and site plan are scheduled before the City
Conuni~sion at a special meeting on TueSday, June 20th.
A preliminary plat and revised site plan had been scheduled for
review by the BOard at its May meeting; however, there were too
many loose ends and it Was not considered at that time.
PREVIOUS CONDITIONS OF APPROVAL WHICH PERTAIN TO THE FINAL PLAT:
The site plan approval
conditions which were
process:
112 Sewer items: A downstream lift station capacity analysis
has been conduction; no improvements are needed. Details of
connection of the force main to the City system have been
provided and accepted. The on-site lift station has been
described on the plat and is dedicated to the City with a right
of access.
of March 20th included the fOllowing
to be addressed during the platting
,113 Water items: Fire hydrant locations are acceptable to the
Fire Marshall. Water mains have been lOcated so as to not
conflict with landscaping in medians and buffers. However
revisions to the site plan (base) have been made and this
situation of potential conflicts is still under review. In
any event, notations on the utility plans will require
certain types of landscaping not be to within water main
easements. Such easements are shown on the plat.
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P&Z Staff Report
Meeting of June 19, 1989
Final Plat and Revised Site Plan for Auburn Trace
Page 2
#4 Drainaqe: The drainage plan has been permitted by SFWMD.
#5 Riqhts-of-way: Appropriate right-of-way widths (to
accommodate turning movements) have been provided for the
new street (Auburn Avenue).
#6 Housinq Authority property: As of this writing proof of
transfer of property from the Housing Authority to the
Auburn Trace Joint Venture (ATJV) has not been provided to
this office; however, the property has been included on the
final plat properly and is to be dedicated for street
purposes.
#7 Carver Estates Entry: An agreement has been reached with' r
the Housing Authority regarding a change in access from
what waS considered as 10th Avenue to a new point off of
Auburn Avenue. AS of this writing, documentation of the
agreement has not been provided to this office. Although
the plat shows a tract to be dedicated for such purposes, a
power transmission pole would have been located in the
center of the roadway; thus, a realignment of the road and a
redescription of the tract (on the plat) is necessary.
#8 Off-site street improvements: An improvements package with
property design features has been accepted. This involves
the new Auburn Avenue and improvements at SW 14th Avenue and
SW lOth Street.
#10 Street Names: The submission / request for street names has
not properly been made. Deficiencies have been communicated
to the agent.
#ll Sidewalks: Sidewalks have been accommodated along 4th
Street and 8th Avenue. A waiver to have a sidewalk on only
one side of Auburn Avenue (the east side) has been
requested. The waiver is supported since there will be
development on only one side of this new road.
#12 Guardhouse Location: The first submittal showed the
guardhouse over the raw water transmission mains. It WaS
then located to avoid those mains but resulted in creating a
less than desirable street intersection within the project.
In a compromise design, the guardhouse is located within the
easement for the water transmission mains thus accommodating
a better designed intersection. Approval of the City
Commission is necessary in order to accommodate this
location. It is recommended that approval be given only in
accordance with the following:
1. that an agreement be executed whereby the City is held
harmless for damage to structures of for any liability
associated with the guardhouse being in the easement
and close to the water mains;
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P&Z Staff Report
Meeting of June 19, 1989
Final Plat and Revised Site Plan for Auburn Trace
Page 3
2. that the guardhouse not be located above the water
mains themselves;
3. that the guardhouse be constructed upon a berm so that
its footings are not in proximity to the water mains --
this item to be field-worked with the Chief Building
Inspector.
13. Abandonment of SW lOth Avenue: This item proved to not be
necessary since lOth Avenue was not dedicated as a street in
this area. An agreement with the Housing Authority has been
reached wherein they abandon their rights to continuing use
of SW 10th Avenue as an access to Carver Estates.
17. DaY Care Center Parcel: This parcel has been called out as
a tract on the final plat.
21. Variance for distance between building: The need for such a
variance has been eliminated by redesign of the units and a
decrease in building coverage by using more two story
structures.
22. Street Lighting Plan: A specific street lighting plan has
not been provided but proof of on-going discussions between
ATJV and FPL has been provided. Notwithstanding the absence
of such a plan, street lighting remains a condition of
development approval.
23. Waste Management: Dumpsters will not be used; instead a
compactor will be located at the project entry/exit. This
arrangement WaS made in concert with advice from Waste
Management.
24. Traffic Control Plan: AS of this writing an acceptable
traffic control plan has not been provided. AS a matter of
course, the Engineering Department will not sign-off on
building permit applications until such a plan is accepted.
NEW ITEMS / CONSIDERATIONS:
The water, sewer, and drainage plans were all based upon the site
plan. Following preparation of the plat it was determined that
the overall boundary dimensions of the site plan were in error.
While the concepts for the water, sewer, and drainage plans
remain valid there may be instances where changes are necessary
to those plans to accommodate difference elevations and pipe
lengths. The water, sewer, and drainage plans are being revised
to reflect changes necessary to accommodate the deficiency in
the site plan and to accommodate changes which were made (and are
being made) to the entry (guardhouse location), the new entry to
Carver Estates, and to the north portion of the "amenities block"
which houses the management offices.
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Meeting of June 19, 1989
Final Plat and Revised Site Plan for Auburn Trace
Page 4
The location of the old raw water transmission main has not yet
been field verified. If its location (upon field verification)
does not allow for a clear 20' north of it, then changes will
need to be made to the site plan and plat accordingly. This
concession has been made by agreement between ATJV and the
Utilities Department.
Cost estimates for off-site improvements were requested with the
plat submittal but have not yet been provided. ATJV intends to
provide them prior to City Commission action on the final plat.
The method of accommodating requirements for a financial
guarantee for these improvements is under discussion by ATJV and
the City Attorney's Office. A written resolve of these
discussio~and acceptance by the City Commission is necessary in
order to accommodate code requirements./
The language and format of the description and dedications on the
plat needs revisions. This item has been discussed with the City
Attorney, applicant, surveyor, and City Engineering. Revisions
are currently in process.
ASSESSMENT:
While loose ends still remain, they are manageable. Because of
time constraints involved with our ability to retain the UDAG
funding for the development, it is asked that final plat action
be taken with deficiencies noted as conditions.
Since the platting is primarily that of creating a boundary plat
and tracts for public purposes -- instead of creating a series
of lots which can be individually sold -- the above request can
be accommodated.
RECOMMENDED ACTION:
By motion, certify that the final plat is consistent with the
site plan and its conditions of approval with the exception of
the following which must be satisfied prior to execution of the
plat by the Mayor:
1.
that Auburn Trace Joint Venture
ownership of that portion of Auburn
from the Housing Authority holdings.
provide proof of
Avenue which comes
2. that the access tract to Carver Estates be revised to
accommodate the new (evolving) design.
3. that a formal letter requesting approval of street
names be received from ATJV.
4. that cost estimates be received.
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Meeting of June 19, 1989
Final Plat and Revised Site Plan for Auburn Trace
Page 5
And, further that the Planning and Zoning Board supports the
request for a waiver of the sidewalk from the west side of Auburn
Avenue and supports the location of the guardhouse within the raw
water main easement pursuant to the conditions identified in the
staff report.
Attachment:
a copy of the June 7th revision of the site plan is" r
provided for information of BOard members
status report regarding site plan items
ref/djk#46/pzaub.txt
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[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
MEMORANDUM
FROM:
Walter O. Barry/~~~:y M~er
~:.12 -
Frank Spence, Director, Development Services
TO:
SUBJECT:
DDA Request to Lease Parking Lots
DATE:
June 16, 1989
-r
Confirming my verbal report to the City Commission at their regular
meeting of June 13, 1989, the Downtown Development Authority (DDA) at their,
regular meeting on June 12, 1989, voted to reject the City's counter offer that
the DDA donate the two parking lots behind Hands Stationery store to the City.
The DDA stated that these lots represent assets to them and that they would not
consider giving them away, but would consider selling them to the City at fair
market value.
In view of the above, they asked that their original request to
lease these two lots to the City for $1.00-a year-be considered'by- the
Commission once more.
FS/iam
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THE EFFORT ALWAYS MATTERS
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@)OWNTOWN
@)EVElOPMENT
ffiUTHORITY
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DELH.Ii}' IJEIiCH
64 S,E, FIFTH ANENUE
DELRA Y BEACH, FLORIDA 33483 June 12, 1989
(407) 278,0424
The Honorable Doak Campbell
Mayor of the City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Re: Lots 8 and 10, Block 92
Delray Beach
Dear Mayor Campbell:
The Downtown Development Authority recently requested that the
City place the referenced parcels, owned by the DDA, under the
insurance umbrella of the City. This action would save the DDA
$1150 per year in insurance premiums. 'r
since the two lots are part of the municipal parking lot lying
north of Atlantic Avenue between N.E. Third and Fourth Avenues,
it appears both appropriate and prudent that such action be
taken.
We had been advised by your staff that the property could be
included in the City's insurance coverage if a lease agreement
was arranged between the DDA and the City. We have suggested
such an arrangement at a rate of $1.00 per year.
Unfortunately, your response during the discussions on May 30th
was not affirmative; therefore, the premium due June 1 was paid
by the DDA.
The Authority r~spectfully requests the reconsideration of this
matter by the City Commission at its earliest convenience so that
the policy may be canceled, resulting in a appropriate refund.
Sincerely,
;:?; i '
J\...",~
Roy . Simon
Chairman
cc: William Andrews
Trish Brainerd
Mary McCarty
Jimmy Weatherspoon
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MEMORANDUM
TO:
HERB THIELE - CITY~ORNEY
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FRANK R.~_ ~DI CTOR, DEVELOPMENT
SERVICES
FROM:
SUBJECT: LEASING OF ~ ~ PARKING ~ !Q .!!!.! .9!!
DATE: MAY 19, 1989
This is to advise you that the DDA desires to' lease two parking
lots that they own to the City. These parking lots are located
behind Hands Store and are contiguous to parking lots and alleys
owned by the City. A legal description of these two lots is
attached.
The DDA desires to lease these lots to the City. They are not in
the parking lot business and do not have the necessary manpower~
equipment to maintain these lots in accordance with and to the
standards of City-owned parking lots. .,
I
The terms of the lease would be for an indefinite period of time
at $1.00 per year with a 3D-day cancellation clause. The City
would assume all responsibility for these lots including
maintenance, enforcement, any desired upgrading at it's cost and
place these lots under the City's insurance program.
Inasmuch as the DDA does not have any legal assistance avail ble,
they are requesting your office to draft this
possible, it would be appreciated if you could prep
in time for presentation to the City Commission at
meeting.
If you have any questions on this matter, do not hes'tate
me.
call
FRS:DQ
Attachment
cc: Walter O. Barry, City Manager
Bill Finley, Exec. Director, CRA
Robert A. Barcinski, ACM, Community Services
F/2
A:PkgLots.DDA
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SMITH, HINZ & GRAHAM, P.A.
CIUtT''''EC ~U.LIC ACCOUNTANTS
Qe N.E. "OURTM AVENUE
OE~RAY BEACH. F"~ORIOA 334183
THOft04AS.... SMITH, C.~.....
WALTE..".. HINZ, C.~.....
CAVID,., O.....HAM, C.,.......
C"'07) Z 7e.7<4e8
ROBERT C. BENoER, C........
WlLL.IA,.. 1... OACCONI. C.,......
MICHEL.E KORZEN, C........
SUSAN C. LEE, C.".A.
I....U..'...N M. MCKENZIE, C.,......
MEMBER
AMIt..ICAN INSTITUTE 0'"
CElltTI"IEo ,"ueL.le ACCOUNTANTS
"L.OR'O... INSTITUTE 0"
CERTI"ED ,"weLle ACCOUNTANTS
Legal Description of Two Lots Owned by
The Downtown Development Authority to be
Leased to the City of Delray Beach
(I) Lot 10, Block 92, Re-Sub Division of Blocks 91 and 92,
and West 1/2 of Block 99, Town of Linton, now known ~',
City 0; Delray Beach, Florida according to the Plat
thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida
in Plat Book 2, Page 21.
(2) The South 6" of Lot 9 and all of Lot 8, Block 92, Re-Sub
Division of Blocks 91 and 92, and West 1/2 of Block 99,
Town of Linton, now known as City of Delray Beach, Florida
according to the Plat thereof recorded in the office of
the Clerk of the Circuit Court in and for Palm Beach
County, Florida in Plat Book 2, Page 21.
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[IT' OF aElRRY BEA[H
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100 N.W. 1st AVENUE
DELAAY BEACH, FLORIDA 33444
407/243,7000
MEMORANDUM
FROM:
Commi.sioner Brai~
City Manager~~ ~
LAVERS TENNIS CENTER
TO:
SUBJECT:
DATE:
June 16, 1989
Attached is a response from the Parks & Recreation Director to~~. ur
June 13th memo. The first three questions are addressed ~Mr.
Weldon's memo. I will address the fourth and fifth.
Analysis used to establish a purchase price for the initial $2,000,000
offer was that indicated as minimally acceptable by attorneys for
FSLIC. They believe the market value of the land (with or without
improvements) generally known as the "amenities package" to be
$2,000,000. Subsequently we have reviewed this figure with
representatives of the condo association, the "Canadian interests" and
Great South East, Inc. and believe our offer (Which would be $200,000
"down", $300,000 at closing and the balance to be paid at $100,000.a
year times 15 years) to be a very good one for the City assuming that
legal complexities you refer to in your last question can be
successfully addressed in the City'S favor.
The concerns and legal rights of the condominium owners revolve around
their desire to maintain the privateness of the tennis resort facility
and protect the integrity of their investment. There have been
documents submitted to us which could present a problem in obtaining
clear title on behalf of the City. These legal questions of course can
be resolved through litigation but that option will be both time
consuming and e~pensive. Everyone involved agrees that this expense
should better be applied toward improvement of the tennis facility
itself.
For this reason a "joint venture" approach has been discussed with the
Great South East, Inc. proposing as principal developer to complete the
tennis resort buildout and implement the original goals of the
International Tennis Resort. This joint venture includes Great South
East, Inc. and the City and involves what are generally known as the
"Colucci interests", representatives from Building A and Building Band
the "Canadian interests".
I believe this joint venture approach has appeal for several reasons.
It would provide an improved tennis facility for us with fee simple
ownership at the same or less expense than we would have incurred by
going to the Lake Ida site. Secondly, the joint venture promotes
THE EFFORT ALWAYS MATTERS
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har.ony among the existing interests at the tennis center. This
haraony will be an absolute necessity for any successful developer or
community to achieve the true potential the tennis center has.
Develop.ent of what would be known as the Delray Beach International
Tennis aesort will significantly improve the image for the immediate
community and for the City as a whole. Additionally an increase in our
tax base will result as the buildout of the remaining condominium
units occurs. The Great South East, Inc. is also exploring the
acquisition of adjacent commercial facilities on Linton Boulevard and
conte.plates acquisition of a beachside facility to co.ple.ent the
resort.
entrepreneurial" role
are li~ely to be very
brings n.,," ~..i." .
interests in e
falling into ace
;;
In either the joint venture or the "go it alone" approach the City will
acquire the existing 10 lighted hard courts and will develop
immediately an additional 16 clay courts. OUr acquisition includes the
existing parking lot and additional acreage on which the new courts
would be built. It also would include either joint ownership or a
leasing arrangement guaranteeing access to an existing maintenance
facility and also includes development of an access road from the
tennis center to Miller Park which would be the public access.
The joint venture allows the City to be in a "non
avoiding risk of public money and avoiding what
complex legal issues. Importantly the venture
money into Delray Beach and protects the City's
proposal is contingent upon all other factors
including actual title to the property.
Essentially in the joint venture approach the condominium association
would have control and ownership of the south facilities including the
stadium court, clubhouse, conference center, swimming pools and other
amenities. If the economics can be resolved it appears that this
combination of interests will successfully address the concerns of the
condominium owners represented by Claudio Colucci and those in
Buildings A and B.
Additional infor~ation will be available Tuesday evening following a
Monday meeting between our Attorneys and representatives from FSLIC and
the condominium association.
WOB:nr
Encl
cc: City Commission
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:."~~.r O. Barry
City Manager
FROM: Joe Weldon
Director of Parks & Recreation
MEMORANDUM
TO:
SUBJECT: Response to Commissioner Brainerd's Memo of 6/13/89
Regarding Laver's
DATE: June 15, 1989
"
The follOWing are responses to COI\lI\\issioner Brainerd's memo of
June 13, 1989 concerning Laver's Tennis Facility that are
pertinent to the Parks and Recreation Department.
Attached is an analysis completed in 1987 of the Il"wMflO.. a
private and semi-private tennis courts within the City. 8a ~
this analysis it was determined that 14 - 16 clay courts t:h
room for expansion would suit the foreseeable needs of the "1.
public. The Lake Ida site was designed for 16 clay courts with
room for expansion for four (4) additional courts.
The number and type of the courts at the Laver's facility,
whether purchased in entirety or a partial purchase, would allow
for increased tennis programming. The current tennis center has
10 clay courts (6 lighted) and two hard courts. Laver's Tennis
Center has 25 clay courts (15 lighted) and 19 hard courts (12
lighted). Included in the clay courts is a 5 coullt grouping
adjacent to the clubhouse that ineludes a stadium court that
would be attractive for hosting tennis tournaments such as the
Continental Connelly Cup, Sunshine Cup, Florida Adult
Championships, Florida Youth Championship and possible National
Champion Tournaments.
~ Previously I gave a very rough estimate of the operating costs of
"".
the entire facility of $425,000.00 broken down as follows:
".
Tennis Courts -
Tennis Staff
Supplies/Electric
Capital Outlay
$145,000.00
$ 65,000.00
$ 15,000.00
$225,000.00
Building Facilities -
Maintenance Staff
Supplies/Utilities
TOTAL
$ 50,000.00
$116,000.00
$166,000.00
$ 35,000.00
$426,600.00
SWimming Pools
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Thesefi~es were based on several criteria iheluding that the
bulld!lclubhouse/office space) would continue to be leased
'~k'l. '.
o~ "'~ lei require little or no staffing on our part.
, . "i., the representatives of FSLIC indicated there were
two. f2 .' ing pools in the amenities packet, in fact, there
are thr":(3)" the other being the one adjacent to Building EI or
any necessary expenditures in equipment or upgrades to the
facility to convert it to public use. I feel fairly comfortable
that an operating budget in the range of $425,000.00
$500,000.00 would be adequate with the exceptions noted above.
CUrrently, the office building
approximately $41,100.00 per
receiver.
and maintenance are leased for
year by the court appointed
The following is an anticipated breakdown of tennis revenues:
$120,000.00
$ 25,000.00
$ 5,000.00
$150,000.00
I would anticipate continuing renting out the office ','
maintenance buildings in the near future and would ~c
renting the clubhouse facility also for a total cambiner~
of $50,000.00 - $75,000.00. Total revenues anticipated woul
roughly $200,000.00 - $225,000.00 per year.
300 Pamily Memberships
100 Single Memberships
100 Children Memberships
3. Although I toiured the faCilitiies 'hWith Jim BdlaC!tburn'i couhrt
appointed rece ver, no determinat on as been ma e concern ng t e
total capital outlays for alterations to convert the facility for
public use. Much of the alternatives would depend upon whether
the entire facility was, purchased or just a partial purChase.
The irrigation system is a common system serving both the
condominiums and the recreation facility and there would have to
be some adjustments made. Access would be preferable off of
S.W. 4th Avenue and the road would have to be extended and a
connection made behind the existing maintenance facility.
Although the facility seems to be in better condition than it Was
a year ago, the condition of the buildings, pools, heating and
air conditioning systems, roofs, etc. are not known an would need
inspection by an engineer or building inspector. In general the
tennis courts themselves seem to be in fairly good condition.
~
I have attached copies of the Laver's Master Plan for Commission
review. As you are aWare, the conference center, pool etc. North
of Egret on the South side of the lake do not exist as well as
the condominium buildings G thru L in the North side of the Lake.
If you need additional information, please advise.
Parks & Recreation
cc: Robert A. Barcinski, Assistant City Manager
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MAYOR AND COMMISSION COMMUNICATldN
NO ___, ___'__,_,
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To:
"'~'VI.bI. MayOf :JnU City Commission
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To establish the number of tennis courts necessary to serve the
public need at the new tennis facility, it was first necessary
to establish the number of private and semiprivate tennis courts
already eXisting within Delray, and the approximate population
which they serve. By using aerial photographs of the city, it
was possible to determine the number of private and' semiprivate
tennis courts, the subcUvisions or condominiums, in which they
are located, and establish a base poPU1&tion~h.y serve by using
2.5 persons per household. 1.8 you can see frClll the attache4
information, there are 122 private and semiprivate tennis courts
serving approximately 19,761 residents. This is not surpris~
when you consider Florida's climate and opportunities lIbr
outdoor recreation, that tennis ranks as the third most poP'iJ'r
user-oriented activity in Florida in terms of demand (outc80r
SWimming and golf rank first and second), and that there '"ire
established housing developments such as Lavers International
marketing their condominiums sOlely from the tennis aspect with
44 tennis courts for appro~imately 1525 residents.
Subject'
EstL~ate of number of tennis courts at
new tennis faCility
Although this is a rough approximation, when used in conjunction
with the National Recreation and Park Association standard of
one (1) tennis court ~r 20~-population, it can give us a
fairly accurate picture of tennis demand for our public courts.
If we agree with the premise that approximately 20,000 residents
are being served by these private and semiprivate facilities,
and that these facilities are not available to the general
public, then we have the fOllowing:
43,428
19.761
23,667
- permanent city residents
- residents served by private and semiprivate
courts
residents served by public tennis facilities
..
23,667 - 2000 = 12 public tennis courts
Since most of the 122 tennis courts are hard courts and many
wi thout lighting, there will be some crossover use of public
facilities to play on a higher quality clay surface and to play
in the evening hours when lighting is necessary. Additionally,
the POPUlation estimate of 43,428 is for permanent residents
only and does not take into account the large number of tennis
players from the estimated 7400 tourists that will visit our
City this year. .
ISSUED BY;
Disposition by Commission:
o AQIl<Owd
o Ol~" fOncr;bol
Processed 8v
James L.
Pennington
CITY MANAGER
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is estimated to grow to
tourists.
..... on thi. 1nfo_tion, X r.""""""" tho C1ty "-1"'on
000a1der a aintoum of X'-X. t0001. COUrt. .'th moo for ....ihX.
expan.ion at the new tennis center.
~lJ.jSL
Weldon
D ector of Parks
and Recreation
JW:cc
AttaChment
cc: Robert A. 8arcinski, Acting City Manager
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EXISTING PRIVATE AND SEMIPRIVATE
'!'ENNIS COURTS WI'!'HIN
'!'HE CITY LIMITS OF
DELR.\Y BEACH
SUBDIVISION
High Point of De1ray Sec. 5
High Point of Delray Sec. 6
High Point of Delray Sec. 7
Delaire Golf Club
Spanish Wells
Crosswinds
Sabel Pines East
Delray Oaks West
Andover (Proposed)
Lavers North
Bermuda High
Pine Trail
Chateline
Rainberry Bay
Rainberry Lakes
Pines of Delray North
Hanover Square
Homewood Lakes
Shadywoods
'!'he Fairway Condo
Lakeview Greens Condo 11-120
extension denied __
Hamlet C.C.
Pines of Delray West
Lago Delray
Lago Delray North
Pines of Delray Condo
Palm Villas
Harborside
Delray Place Condo
.
.
UNITS
POP X 2.5 COURTS
268 670 I
292 730 1
NIA 933 2
319 798 8
240 600 1
420 1050 2
NIA NIA 4
216 540 2
156 H~ now built 8 I
610 1525 44
47 118 2,
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1154 2885 4
685 1713 4
100 250 2
115 288 2
100 250 2
36' 90 1
proposed did not complete 25'
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288
248
424
98
175
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BEAUTIFICATION TASK FORCE
P.O. BOX 1709
DELRAY BEACH, FLORIDA 33447-1709
MEMORANDUM
To: Delray Beach City Commission
Walter Barry, City Manager
From:
Beautification Task Force Chairman, John Me Kenna
Date:
November 15, 1988
Re:
BEAUTIFICATION FUNDING REQUEST THROUGH UTILITY TAX SURPLUS
The Beautification Task Force is requesting reinstatement of Pineapple Grove :1
Way (between Atlantic Avenue and N.E. 4th Street) as a target project for
the Comprehensive Beautification Plan, with funding through the $400
thousand surplus from the the utility tax fund. ;
As background information, although the Task Force started out with $3
million from the capital improvements bond fund, $500 thousand was initially
transferred to the Atlantic Avenue improvements fund to add to the $1
million that the CRA had funded. During the site analysis of target areas
for the city wide street improvements, we found that two target areas,
Swinton Avenue and N.E. 2nd Avenue could not be landscaped due to right-of-
way restrictions, and were consequently removed from the list of target
areas. In the mean time, estimates for improvements to Atlantic Avenue
soared. In the fall of 1987, the BTF had an additional $150 thousand
transferred to the Atlantic Avenue fund to help offset costs, thinking that
we would have a surplus of funds with the deletion of two target areas.
We now find that due to more flexibility in design guidelines that the N.E.
2nd Street project could be accomplished if funds were available. The City
has come under much pressure to beautify this area as it is now considered
to be the Pineapple Grove District's prime corridor. We ~ requesting that
$40 thousand be reinstated to the Street Beautification and Roadway Median
Fund #333-4141-572-61.15 ~ beautify ~ 2nd Avenue between Atlantic Avenue
and N.E. 4th Street.
We are asking for your consideration of this items at the Commission meeting
on December 13, 1988.
b:pinapLfun
~}s J
~
I
Ms. MCCarty stated there are six day Care centers within 2,000
feet of each other in this area and she feels they are starting to meet
the need. Therefore, she will have to Vote against this one as she
feels they are lumping them tOgether. It is in a residential area and
is directly impacting single family homes.
At this point the roll Was called to the motion.
38. Conditional Use Re uest (CU-6-268). The Commission is to
conoider a reque.. for a major mod f cahan to ~ exiating condit'=el
Use request and attendant site plan for First Church of Christ Scien_
tist, lOcated on the northwest and southwest corners of S.E. 2nd Street
and 7th Avenue. The Planning and Zoning Board recommend approval
subject to the fOllowing stipUlations: .
1.
That dedication of right-of-way be made by a plat or other
method acCeptable to the City Engineer.
The hedging along the west property line, adjacent to the alley
be maintained at a maximum of 3 feet in height to assure proper
sight distance.
Submission of site plan address all applicable commenYt in
staff report prior to acceptance of construction plans ~cpr a
bUilding permit.
Three paved spaces and aisle on the south.
~
2.
3.
4.
In addition waivers are required for the following items:
1. Hedging requirement along the South and east sides of Lot 12
and along the north and east sides of the parking area immedi-
ately north of the chUrch.
2. Wheel stop requirement as it would apply to Lot 12.
3. Use of stabilized sod for Lot 12, the area north of the chUrch
and for seven or eleven spaces South of the church.
Ms. Horenburger mOVed for approval, subject to conditions,
seconded by Ms. Brainerd. 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.
The City Attorney advised, with regard to Item 35, there is a
change which needs to be made to delete, on Page 2, the last Paragraph
of section 4 and omit pages 2 and 3 of exhibit A.
The City Attorney further adVised, with regard to Item 45, that
this is a revised FIND agreement which is not in aCcordance with the
standard form and Was a change from that which Was submitted to them.
The folloWing items were considered by the Commission as the
Consent Agenda:
30. A reement for Water and Sewer Conflicts. The Commission is to
conaider approval of Agreement bet_en the Cny and Pelm Beech County
for reimbursement of water and sewer conflicts for Congress Avenue
Widening from Atlantic Avenue to Linton Avenue in the amount of $112,835
with funding to come from Water and Sewer Reserves. ApprOval is recom-
mended.
CONSENT AGENDA
-..I..
32. Hall Pro ert. The Cornrnissio~
- .
to cons~der a ~nc ud~ng C ty Hall, CommtY
Center, Tennis Center, Fire Station, Utility Department Office,
Reservoir from R-IA to CF and GC. Approval is reCOmmended.
. . """ """"~'-"''''''ol!"''''''"""""""".".",;-:,," I _1....__,_,__.__
,,,,,",,,,,,,. "r',~;..,~w" ,... .'..>(r.;;','r:c"~":X!j:"''''\""":,;~"q,...,_"__",;,_.,,,, ,._ "'-","",m_
33. Pinea Ie Grove Wa. The Commission is to consider a 7
dation from the Beaut~f cat on Task Force to reinstate Pinea,
Way in the Beautification Plan. Approval is. reCOmmended.
,,[., '
".....'''. :.,.. ,.; "'::"', ',.x. 'i'
35. Leaseback A reement - Old School S uare. The Corn'
consider apprOVal of a leaseback agreement etween the
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(Copy of Resolution No. 82-88 is on file in the official
Resolution Book)
SENATE AND THE FLORIDA HOUSE OF REPRESENTATIVES TO CEASE
ADOPTION AND SIGNING OF LEGISLATIVE BILLS IMPOSING STATE
MANDATES UPON COUNTIES AND MUNICIPALITIES WITHOUT FUNDING
OR DESIGNATION OF FUNDING SOURCES AND REQUESTING COMPLI_
ANCE WITH THE PROVISIONS OF FLORIDA STATUTE 11.076 WHICH
PROHIBITS THE SAME.
50. Awards of Bids and Contracts.
-
A.
Facsimile Machine - Delta Business Systems of Boca Raton _
$6,350 - Appropriating funds from Law Enforcement Trust Fund
Account 112-2172-521_60.89.
Fuel Tank Level Sensor System - Pieco Miami, Inc. _ $12,634.90
with funding to come from Account 501-3311-591_60.89.
City Marina Finger Pier Replacement _ B.K. Marine Construction,
Inc. - $105,000 with funding to come from Account 426-4311_
539-60.99.
Addendum III to Waters, Trego & DaVis, Inc. contract _ $3,000
with funding to come from Account 001-6511-581_90.11.
Rental Rehabilitation Program - Deferred Loan Contract ~ard _
Property " 103 S.E. 4'h Avenue - B , JR Con.'ruo'ion CO....y _ !'
"",.,,,~14. O,~? ',."",,,,__._ i _ .~f'
Ms. Horenburger mOved to approve the Consent Agenda, with the
oh.n,e. '0 Hem 35, .eoonaea by M.. Breinera. Opon =11 Oall the'
COmml..ion votea .. fOllOW" M.. Br.inera _ Ye., M.. Rorenburger _ y..,
M.. MCCarty - Ye., Mr. Weether,poon - Ye., M'yor Cempbell _ Ye.. S.ia
motion paSsed with a 5 to 0 vote.
"~"':l:1!\<:::" ,ji"i'. "":'. ':"';;".,"'~"'\i..i,'~l"" ,
. 5 1 : A. 1. Ma. Br ainera atatea Chat in the City Man',er' a repOrt ao tea
oeoember 2na, he infor..a the Commiaaion of a..e aiaOU"ion. whioh were
h'a with '..e repre,ent.tive. of COnteiner Reoovery Corporetion who .re
aeekin, · 'ite for potenti" reoYOlin, pl.nt with r'ilro.a 'Ooea.. The
Maok InaUatri.. aite ia one of Che aite. whioh w.. onaer ai.on..ion.
She Woula like to 0'" 'heir .ttention to . reoent oement pl'n, in th.t
looation whioh they tUrnea aown .. they felt it we. em .re. whioh "
tryin, to revit"he itaelf. She feele . reoyolin, pl.nt on that
location shOuld be apprOached very CautiouSly.
B.
C.
D.
E.
4.
51.A.2. Ma. Br'inera .t.tea th.t 'orne time "0 they Votea on fluoria.'
tion of City water. She wae on the prev'ilin, .iae of that vote ema,
per.ona"y, i. not oPpo.ea to the u.. of it. She i. ..kin, to .ee if
there i. .noCher Comeh"oner on the prev'ilin, .iae of that Vote who
feele like .he aoe. that toni,ht Chey nboula reoon.iaer thh. She i.
prepared to change her vote to oppose fluoridation of City water.
There were no Commissioners interested in reconsidering this
issue.
51 .A. 3 . .. . MCCarty .tatea they h.a t"ked about . meetin, with the
City M.n.,er .na City Attorney to aetermine the perform'"e atema.""..
She questioned what their plan is.
The City Manager advised he has SPoken with the person who will
be aOin, the CitY'a perform.noe 'ppr.i..,. .na he ia willin, to hOla .
role 'na re.poneibility tyPe ai"u..ion. '.
Mayor Campbell suggested that the City Manager give the Comm~
sion this person's name and they Can place this on the agenda l"
TueSday for consideration and establiShment of a definite time.
-.
51.A.4. Ms. MCCarty stated the City Attorney furnished the Cc-
with information on the County'S adult entertainment ordin...
they need to either opt in or out. She questioned when this
be placed on the agenda.
The City Manager advised they are in unless '
out. If the Commission is interested in opting out, ~
know and he will workshop this.
,
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-20-
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
~obert A. Barcinski, Asst. City Manager/Community Services
June 16, 1989
DATE:
SUBJECT: Documentation City Commission Meeting June 20, 1989
Lease Agreement - City of Delray Beach/Old School Square
Attached is a proposed lease agreement between the City of Delray Beach
and Old School Square, Inc. The draft includes provisions as proposed by
Old School Square, Inc. and additional provisions and changes recommended
by City Staff. City Staff changes to the agreement are both underscored
and crossed out. The agreement contains three (3) exhibits; Property
Description, Management Agreement, and Insurance Provisions. Staff is
currently developing a Management Agreement which will be incorporated as"
Exhibit B at a later date. ' I
The proposed lease is a 20-year lease with 5-year renewal options whichi
designates the property be used as a center for arts and sciences and
other cultural, governmental, educational and other uses not inconsistent
with the Special Warranty Deed.
Old School Square, Inc. would be responsible for all utility payments and
maintenance of building interiors. The City would be responsible for
exterior building maintenance, exterior landscaping and irrigation, and
parking lot maintenance. Janitorial and cleaning services would be
provided by Old School Square, Inc. The estimated 1st year cost for
grounds maintenance is $ 11,000, including labor and materials. Exterior
building maintenance is estimated at $10,000-$15,000.
Old School Square, Inc. has objections to some of the additional
provisions suggested by City staff. These sections are as follows:
1. Pg. 3, Sect. 3 - "Use of Property" (last paragraph)
Time frame to complete project.
2. Pg. 4, Sect. 4 - "Assignment and Sub-Leasing" (paragraph a,b,c)
Control of programming in question.
3. Pg. 7, Sect. 16 - "Cancelation"
180 Day cancellation could affect grant eligibility.
4. Pg. 9, Sect. 21 - "Indemnification"
Do not want this provision.
5. Exhibit C - "Insurance" (paragraph a & b)
Request reduction in liability amount and want the City to assume
property insurance.
,
,
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/
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/
/
Documentation - City Commission Workshop - June 20, 1989
Lease Agreement - City of Delray Beach/Old School Square, Inc.
Page -2-
A copy of a letter outlining Old School Square, Inc's objections is
attached.
Staff requests Commission direction concerning
differences. The lease agreement is proposed to be
Commission Agenda for approval.
resolution of these
placed on the 6/27/89
RAB/ sfd
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[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET. SUITE 4 DELRAY BEACH. FLORIDA 33483
407/243')090 TELECOPJER 407/278-4755
MEMORANDUM
Date: June 14, 1989
To: Bob Barcinski, Assistant City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Lease and Management Agreement/Old School Square,
Inc.
Enclosed please find the lease agreement proposed by Old School
Square, Inc. In addition, there is an attached lease prepareq
by our office which adds to Old School Square, Inc. 's lease
proposal additional provisions which our office believes shou),d
be incorporated into Old School Square's proposed lease. These
additional provisions are underscored.
AS you agreed at our meeting on this subject, please insure
that t,he management agreement is prepared and reviewed by our
office, so that the management agreement, which is incorporated
by reference in the lease, can be discussed by the Commission
at the Same time they review the lease.
I have also enclosed a memorandum from Lee Graham regarding
general insurance requirements, which have been addressed in
Exhibit C of the lease, as an additional back-up material.
Please make sure that the lease and property management agree-
ment are placed on the City Commission's June 20, 1989 workshop
agenda in order that formal action may be taken by the Commis-
sion at its June 27, 1989 meeting.
SAR:lc
Enclosures
cc: Walter O. Barry, City Manager
Marylou Strollo
Ken Simback
Randee J. Golder
.
MEMORANDUM
TO: Susan A. Ruby, Asst. City Attorney
FROM: Lee R. Graham, Risk Management Director
SUBJECT: Old School Square Insurance
DATE: June 13, 1989
It is recommended that Old School Square, Inc., purchase and maintain insur-
ance to protect the interests of the city for various exposures:
1. Property Insurance on all building structures including additions and
alterations. The city's financial interest to be assured by the policy.
Coverage should be for all risk perils, with replacement cost endOrSer!
ment. Flood insurance should also be obtained subject to the maximua
obtainable under the National Flood Insurance Program. $
"
2. Broad Form Comprehensive General Liability Insurance with the city named
as an Additional Insured.
3. Automobile Liability for Employers' Non-Ownership Liability.
4. Workers' Compensation Insurance.
Additionally, it is recommended that Professional Liability Insurance should
be required to cover any errors or omissions by architects and engineers
the restoration and/or renovation'work on the buildings.
e~n
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~:,.~.,_.-,
LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH
AND OLD SCHOOL SQUARE INC.
STATE OF FLORIDA
COUNTY OF PALM BEACH
THIS LEASE, made this
day of
and between the CITY OF DELRAY BEACH,
FLORIDA,
, 19_, ~
a municip~
corporation, hereinafter referred to as the "Lessor", and the
OLD SCHOOL SQUARE INC., hereinafter referred to as the
"Lessee".
WITNESSETH:
WHEREAS, the Lessor is the owner of certain real estate
together with the improvements thereon, formerly known as the
"Delray Beach Elementary School", in the City of Delray Beach
described in Exhibit A which is attached hereto and made a part
hereof (said real estate and improvements being hereinafter
called the "Property"); and
WHEREAS, the Lessor acquired the Property wi th a view to
its use as a center for the arts, for science activities, and
for cultural and educational activities of the community; and
WHEREAS, the Lessee was organized under the laws of the
State of Florida as a non-prOfit corporation for the purpose of
leasing, restoring, developing and operating the Property as a
center for the arts and sciences and other cultural and educa-
tional activities; and
.
WHEREAS" the Lessor and the Lessee desire to set forth
their agreement with regard to the lease by the Lessee of the
Property and the development and operation of the Property by
the Lessee.
WHEREAS, the Lessor hereby lets and leases unto the
Lessees on an "as-is" basis that portion of the land and the
buildinqs and improvements thereon described in Exhibit A.
. ,
NOW, THEREFORE, in consideration of the mutual covenant~
and agreements of the parties, the Lessor hereby leases to the
i
Lessee the Property upon the terms and conditions hereinafter
set forth:
1. The preamble stated above is incorporated herein by
reference.
~~2. Term of the Lease. This Lease shall begin on the
day of
, 1989 and shall continue for a
term of 20 years, unless sooner terminated pursuant to the
provisions hereof. Upon the expiration of the aforesaid term,
this Lease saaii may be renewed upon the express written
consent of the Lessor for successive periods of five years.
i!~3.
Use of the Property.
The Lessee shall use the
Property for a center for the arts and sciences and for other
cultural, governmental and educational purposes, and for all
incidental uses in connection therewith that are not inconsis-
tent with the Special Warranty deed attached hereto as Exhibit
B. It is understood and agreed that the Lessee or various
arts, science, governmental and cultural groups which the
Lessee may permit to make use of the Property may charge
2
.
.
admission to the public for exhibits, entertainment and
cultural events, performances and other presentations.
To facilitate the above stated uses. the Lessees shall
restore and renovate the Property. with said restoration and
construction to be completed over a five-year period from the
date of the commencement of this lease. The Lessee shall not
make, or allow to be made, any unlawful, improper or offensive
use of the leased premises which could be injurious to ~l
il
erson or or which would violate the laws of t
~
State of Florida or of the United States, or any ordinance of
the City of Delray Beach, or any administrative rules or
regulations promulqated by the City Manager, or which would
affect or endanqer any insurance on said property (or increase
any premium thereof which is at all borne by the Lessor) or
which would violate any restrictive covenant, or any covenant
whatsoever contained in the Special Warranty Deed.
3...4. Rent. The Annual rent shall be ONE DOLLAR ($1.00)
payable in advance on the first day of each calendar year.
4...5.
Utilities.
The Lessee shall pay all charges for
telephone, power, water, sewer, gas and any other utilities
used in connection with the Property.
5.,.6. Taxes. The Lessee shall pay any ad valorem taxes
imposed upon the Property and improvements located thereon
during the term of this Lease. The Lessee shall Pay any taxes
for personal property or improvements owned by the Lessee.
6...7. Insurance. ~e-~essee-a~~ees-~e-e~~a~-aft4_keep_~a
fe~ee-~*~e-afte-ex~efteee-eeve~a~e-ias~~aaee_Wi~ft_respee~-~e-~fte
3
.
.'~.;'il""'"
.
PreJler~y -i,ft -~he -lUI\et1l'i~ -e~ -a~ -'!:eas~ ------------.. --Bt1ril'ilJ -~he
~erM-ef-~his-~ease-~he-~essee-shal'!:-earPy-a~-i~s-eXJleftse-Jl~lie
'!:ia]'ili~y-iftS1:l.l!a!l.ee-ift-~he-lUI\e"cUl~S_ef_ll~-lellS~_----_---_fer-afty
el'ie -Jlersel'i -aftd ----------- -rer -eaeh -eee1:trl'eftee -aftd ___________
JlreJlel'~y-dlUl\a!Je-rer-eaeh~eee1:l.l!1'eaee,-S1:teh-Jleiiey-e!-ifts1:traftee
~e-alUl\e-~he-~essel'-aftd-~e-~essee-as-ifts1:treds..
The Lessee shall pay all premiums and shall maintain and
rovide insurance for the entire lease term and renewals
thereto. in such amounts and under such terms as may be r&1
i
Lessor. The Lessor shall review and modif
and re uirements of such insurance if necessar
on a
basis. The minimum insurance amounts and terms are contained
within Exhibit C.
:1-:-8. Alterations and Improvements. The Lessee shall be
entitled to make such alterations. changes and improvements to
the Property as the Lessee in its discretion deems desirable to
carry out its plan for the restoration and development of the
Property, and which are consistent with architectural plans and
designs as approved by the Lessor ( in order to keep the
interior and exterior of the property in keepinq with its
historical landmark purpose) and with the laws and ordinances
of the State of Florida and the City of Delray Beach.
8..9.
,Assiqnrnent and SUbleasinq.
'Phe -~essee -sha'!:'!: -have
~he -l'i!Jh~ -~e -s~iease -aay -Jler~iea -e~-~he -PreJler~y -~e -Jlel'seas,
ep.!Jllai8a~ieas-el'-eerJlerll~ieas-ea!JlllJed-ift-ae~ivi~ies-eeasi~~eft~
Wi~h-~fte-eh;ee~iveS-llftd-Jl1:trJleSes-ef-~he_~essee"--All-S~lessees
shall -],e -],et1ftd -],y -~lte -~erllls -aM -eeftdi~iefts -ef -~ltis -lease -aad
a'!:l-aJlJliiea],ie-laws-al'id-erdiftllftees-~ltll~-MaY-aJlJliY_~re~e.._-'PlIe
~essee-shall-ae~-assi!Jft-a!l.Y-e~-~~s-l'ilJh~s-er-ehli!Ja~ieft~-t1ftder
~his-nellse-wiehet1~-~he-Jlrier-wri~~eft-eeftl!left~-ef-~he-besserT
4
.
.
(a) The Lessee may not sublet or make other arranqe-
ments for the OCCupancy of all or any portion of the Property.
firm cor ration or other entit
without the
rior written a roval of the Lessor which a roval shall not
be unreasonably withheld, and any such sublease or other
arran ement shall be in writin
to all
the terms and conditions of this Aqreement and shall conform to
all applicable laws. ordinances and requlations.
(b)
Subparagraph (a)
shall not apply to
"if
,
speci~
,
-
events or special property uses contemplated in the manaqement
a reement or bud et or brief uses of
the
ublic for not more than one month in accordance with the
policy for such uses.
(c) The Lessee shall not assiqn any of its riqhts or
obli at ions under this Lease without the rior written consent
of the Lessor.
9.,.IO.
To Keep in Repair and in Good Condition.
The
Lessee will keep the leased premises, including but not limited
to the heating and air-conditioning equipment and excluding the
exterior walls, parking lot, exterior landscaping and irriga-
tion, roof and other structural members of the building in such
or better repair as the same are at the commencement of this
lease term or at the renewal hereof, reasonable wear and tear
and damage by fire or other unavoidable caSUalty excepted. It
is explicitly agreed that the duty of the Lessee shall include
furnishing all necessary janitorial and cleaning services, pest
control service, care and maintenance of the Property and any
interior renovation or redecoration not involving major struc-
tural Changes.
5
.
.
%e711. Equipment and Fixtures. All equipment, furniture,
supplies and personal property that are not fixtures installed
in the Property by the Lessee shall at all times remain the
property of the Lessee which shall have the right to remove the
same from the Property at any time during the term hereof.
%%712. Fire or Other Unavoidable Casualty. In case the
premises or any part thereof shall at any time during their
term of this lease be destroyed or damaged by fire, act of ~
,I
or other causes beyond the control of the Lessor, and throu9h
no fault or neglect on the part of the Lessor, then the Lessor
shall be under no obligation to repair or re-erect the leased
structure. If the condition of the leased premises should be
so rendered unsuitable by the foregoing causes, either party to
this lease agreement shall have the option to cancel this
lease.
%i!713.
Signs.
The Lessees agree that at the further
request of the Lessor it shall erect an identification sign on
the subject property that lists both the Lessor and Lessees'
names, and identifies the subject structure, with the colors,
size, configuration, and location of such sign to be expressly
approved in adVance by the City Manager or his/her designee.
All other exterior i.mprovements, painting, or any other identi-
fication signs or markings shall be provided only in accordance
with the appliCable City of Delray Beach Code of Ordinances and
with the express approval of the City Manager or his/her
designee in advance.
B714. Quiet Enjoyment. The Lessee shall peaceably hold
and enjoy the leased premises.
6
.
%4.,.15. Default and Right of Reentry.
In the event that
the Lessee shall fail to perform any act required of it under
this Lease or to otherwise comply with any term or provision
hereof and such failure shall continue for &930 days or more
after written notice given to the Lessee by the Lessor, then
the Lessor may terminate this Lease Agreement and the Lessee
shall promptly surrender poss,ession and vacate the premises,L
and the Lessor maY, immediately or at any time thereafter,
enter into the premises and repossess the same as of its form;r-
estate and expel the Lessees, but without prejudice to a*"
remedies which might otherwise be used by the Lessor for
arrears of rent or any other breach of the Lessees covenants or
the waiver of any rights of the Lessor.
%5.,.16. Cancellation. The Lessor and the Lessee do hereby
reserve the right to terminate this lease at any time in the
future (either during the initial term or any renewal), upon
one hundred eighty (180) days written notice to the other party
at the address set forth in this lease agreement; provided,
however, that in the event of termination by the Lessor, the
Lessor agrees that it shall endeavor to make reimbursements to
the Lessee for any costs for capital expenditure additions to
the structure (but not for regular maintenance or care items)
should the Lessor elect to terminate this lease in advance of
the expiration of the initial term hereof, except if such
termination be for breach of this Lease Agreement or violation
of or failure to comply with any of the covenants set forth
herein.
%6.,.17.
Amendment. No amendment to this Lease shall be
effected unless in writing and signed by both of the parties
hereto.
7
i-'h18. 'Jther Aqreements. The Lessor and the Lessee may
enter into a separate Manaqement Aqreement that sets forth
additional terms and conditions and responsibilities for the
occupancy of the Property. Such agreements shall be considered
as if a part of this Lease Agreement and of the extent that
there may be an express conflict with the terms and conditions
of this Lease Agreement the terms and conditions of the Manaqe-
ment Aqreement shall prevail.
~8.,.19.
Inspection by Lessor.
The Lessee shall permit
'it
<~ I
the
.
Lessor and its agents or representatives to enter upon the
Property at all reasonable times to examine the condition
thereof.,., and to make any repairs which it may see fit to make.
H.,.20. To Yield Up Premises.
At the expiration of the
term of this lease, the Lessee will peaceably yield up to the
Lessor the Premises and all buildings thereon, in good repair
in all respects, reasonable use and wear and damage by fire and
other unavailable casualties excepted.
i!El.,. --R!:~h1: -er -Ree!l.1:ry.,. --l-~ -1:he -E1essee -shaH: -!l.efl'!:ee1: -er
raB: -1:e -l'errerl'ft -al'lY -er -i1:s -eeve!l.~1:s, -al'ld -il'lei-tldil'l!!l -ir -~y
year'!:y -!:ftl!I1:a'!:'!:lIIe!l.1: -e~ -re!l.1: -},e -everdtle -al'ld -tll'lJ:lai:d -rer -1:e!l. -tiEl
days, -1:he -hesser -lIIay, -3:lIIII\edia1:e'!:y -er -a1: -a!l.Y -1:Ule -1:herear~er,
af1:er -1:eft -tiElt -days~ -fte1:i:ee, -e!l.1:er -il'l1:e -1:he -~r~ses -aftd
reJ:lessess -1:he -sl!l'fte -!U! -e~ -i1:s -rermer -es1:a~e -aad -eXJ'l!i- -~he
bessees, -},tl1: -w3:~hetl1: -J:lre;tldiee -1:e -afty -remedi:es -whi:eh -lIIiflh~
e1:herwise -he -tlsed -j,y -1:l'le -hesser -rer -arrears -e:!- -reft1: -er -al'lY
e1:her -},reaeh -ef -1:he -hes!lees" -eeveftll!t~s -er -1:he -waiver -e:!- -afty
rifll'l~-by-~he-:&esser.,.
8
.
21. Indemnification. The Lessee covenants that it will
save harmless, indemnify and defend the Lessor, its off icers . ,
employees. and agents, from and against any and all loss.
liability or expense that may be incurred by reason of any
claim or litigation arising out of or in connection with
Lessees occuPancy and use of the leased premises. including,
but not limited to, any accident with the appliances and
fixtures installed by Lessees, or the gas. water or other
i es or from an lect arisin from or in an
connected with the use, misuse or abuse of all utili ties. <?r,
from any neglect in not removinq foreign Objects from the
sidewalks, grounds. structure. or roof of the building.
~%722. Notice. Whenever notice is required hereunder, it
shall be by Certified Mail, Return Receipt requested, addressed
as follows, or delivered by hand to the location as follows
until written notice of change of address is given to the other
party:
Lessor
Lessee
City Manager's Office
100 N.W. 1st Avenue
Delray Beach, FL 33444
Old School Square Inc.
51 South Swinton Avenue
Delray Beach, FL 33444
~~23. Number; Gender. As the context herein may require,
the singular shall. be deemed. to incl.ud:e the plural., and the
masculine form shal.l be deemed to include the feminine and
neuter.
2:h24. To Bear Risk for Contents. That all property of
any kind (whether owned by the Lessor or Lessees) that may be
9
,
....:c\-,
on the premises during the continuance of this Lease shall be
at the sole risk of the Lessees, and that the Lessor shall not
be liable to the Lessees or any other person for any injury,
loss or damages to the property or to any person on the premis-
es.
25. Not to Injure or Deface. The Lessee covenants that
it will not iniure. overload or deface. or allow to be iniured.
overloaded or defaced. the Property on any part thereof. ~ r
.1
i!.h26. Mention in this lease of any particular remedy in
favor of the Lessor shall not preclude the Lessor frOlll any
other remedy in law or in equity and shall be in addition to
any other remedies conferred upon it by law or in equity.
i!5...27. None of the covenants and conditions herein shall
be waived or modified except by the Lessor in writing, and no
alleged verbal waiver or modification shall be binding under
any circumstances.
28. No Waiver. That no assent. expressed or implied, by
the Lessor to any breach of this Aqreement shall be. deemed to
be a waiver of any succeedinq breach of the same or other
covenants.
29. Severabilitv.
If any clause, phrase. provision or
portion of the Agreement or the application thereof to any
person or circumstance shall be. held by a court of caopetent
jurisdiction to be invalid or nn..n-Forceable lInQ~r the laws of
the State of Florida. or any other pertinent iurisdiction, such
event shall not affect. impair or r..nrl"r invalid or unenforce-
able the application of the remain....... of this Aqre---nt or any
IO
I
'"~'.
.
other clause.' phrase, provision or. portion hereof to any person
or entity in any circumstances.
30. This Agreement constitutes the complete unders~,.nding
and agreement between the parties and supersedes any and all
prior oral or written agreements and underst-,.nd;nqs.
IN WI'l'NESS WHEREOF, the Lessor and Lessees bave set tbe~
,I
hands and seals the day and year first written above.
LESSOR: CITY OF DELRAY BEACH,
AT'l'EST :
FLORIDA
By:
Mayor
City Clerk
Approved as to form:
City Attorney
LESSEES:
OLD SCHOOL SQUARE INC.
By:
11
.
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
,
known to me to be the person described in and who executed the
foregoing instrument as
state of
Hel she acknowledged before me that
of OLD SCHerr
the laws of the
i
~
SQUARE, INC., a corporation organized llnrl..T'
he/she executed the foregoing instrument on b<>h"l~ of OLD
SCHOOL SQUARE, INC., by its authority duly given and acknow-
ledged that the said writing to be the act and deed of OLD
SCHOOL SQUARE, INC.
SWORN TO AND SUBSCRIBED before me this
day of
, 1989.
Notary Public
My Commission Expires:
12
.
PREPARED BY AND RETURN TO: Ji
WILL CALL #69
JulieAnn Rico, Esq.
Boose, Casey, Ciklin, Lubitz
Martens, McBane & O'Connell
Northbridge Tower I - 19th Floor
515 North Flagler Drive
West Palm Beach, Florida 33402
l'1AR-28-! 98'1 02: 4'i'Pffi 89-086329
ORB 6012 Ps 559
Con 10.00 Doc .:
JOHN 8 DUNfiLE,CLERh - PB COUNTY, FL
SPECIAL WARRANTY DEED
^^ ~THIS SPECIAL WARRANTY DEED, made this 1.~t!1.. day of
IV~^~ , 1989, between the SCHOOL BOARO OF PALM BEACH
COUNTY, FL RIDA, a corporate body politic, having an address at
3323 Belvedere Road, West Palm Beach, FL 33402, hereinafter
referred to as "Grantor", and the CITY OF DELRAY BEACH, FLORIDA,
a municipal corporation, whose Post Office address is 310 S.E.
First Street, Delray Beach, FL 33483, hereinafter referred to as
"Grantee. II .....,
WITNESSETH: That the Grantor, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable
conSiderations, receipt whereof is hereby acknowledg~, has
granted, bargained and sold to Grantee, and Grantee'siheirs,
legal representatives, successors and assigns foreveF, the
following described land, situate, lying and being in Palm Beach
County, Florida:
SEE EXHIBIT "A" attached hereto
AND MADE A PART HEREOF BY REFERENCE
This conveyance is subject to, and the Grantee by
acceptance of this deed of conveyance, hereby covenants
and agrees that it shall use the above referenced
property for cultural, civic, public, or governmental
purposes; that the foregOing conditions and covenants
of this deed of conveyance are for the benefit of the
Grantor, and in the event that the real property
conveyed herein ceases to be used for cultural, civic,
public, or governmental purposes in the future, title
to said real property shall immediately revert to and
vest in Grantor, its successors and assigns.
SUBJECT ALSO to taxes and assessments, hereditaments,
and appurtenances thereto belonging or in anywise
appertaining.
TOGETHER with
appurtenances
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
all tenements,
thereto belonging
hereditaments, and
or in anywise
AND the Grantor hereby covenants with said Grantee that
Grantor is lawfully seized of said land in fee simple; that
Grantor has good right and lawful authority to sell and convey
said land; that Grantor hereby warrants the title to said land
and will defend the Same against the lawful claims of all persons
claiming by, through or under Grantor.
context requires.
"C=~nto4" and
"Grante~" are used for singular or.plural as
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
~..:-, /<.<. ~---'
c7'
By:
J/?'1v:~
Arthur Anderson, Chairman
, ,
ORB 6012 P9 561
STATE OF FLOR
COUNTY OF PALM
.
Attest: ~- _~
Thomas J. Mills, Secretary
_The foregoig instrument was acknowledged before me this
/rMi day of '7/[.,gj.J...(~ , 1989, by Arthur Anderson,
Chairman and Thomas J. Mills, Secretary, on behalf of the School
Board of Palm Beach County, Florida, a corporate body politic.
-~~,
Notary Public
~,~
My Commission Expires:
.,
I.
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ORB 6012 pg 56 ~
EXHIBIT "A"
LEGAL DESCRIPTION
Lots, 1, 2, 3, 4, 5, 6, 7, and 8 in Block 68, of TOWN OF OELRAy
according to the Plat thereof on file in the office of the Cler
of the Circuit Court in and for Palm Beach County, Flor ida
recorded in Plat Book 1, page 3.
and
That Block of land labelled "Park' and School" bounded North b'
Pearl Street; west by Swinton Avenue; South by Atlantic Avenue'
East by Gaillard Street as per map of Linton, Florida, which wa:
filed in the office of the Clerk of the Circuit Court in Dad.
County, Florida, on July 29, 1896, the same being the land UPOi
which the public school at Linton is now located, the said abov.
described land being in the southwest corner of the Northwes'
QUarter of Sec. 16, Twp. 46 S., Rge. 43 E.
LESS AND EXCEPTING THE FOLLOWING TWO PARCELS:
, I
0,
iI
The South Ten (10) feet of Block 68, TOWN OF DELRAY, as shown il
Plat Book 1, page 3, Public Records of Palm Beach County, Florida
and
A part of Lot 1, Block 68, Plat of Oelray Beach (formerly Lint,m)
as said Plat is recorded in Plat Book I, page 3, sheet 2 of th.
Public Records of Palm Beach County, Florida, said part b(~in(
more particularly described as follows:
Beginning at the Northwest corner of said Lot 1 of Block 68
thence east, on an assumed bearing, along the North line of :>ai,
Lot I, being also the South Right of Way line of Northeast Flrs1
Street, a distance of 19.75 feet; thence S 16 degrees, 08' 07" W,
a distance of 67.54 feet to an intersection with the West lin(~ OJ
said Lot 1, of Block 68, said West line being also the East rlgh1
of way line of Swinton Avenue; thence N 0 degrees, 51', 4 '1"H,
along said West line of Lot 1 and said East right of way lin(~ oj
Swinton Avenue, a distance of 64.89 feet to the Point of Beginning.
RECORD VE::lIFIED
PALM BEACH COUNTY, FL
JOHN B, DUNKLE
CL~K CIRCUIT CCURT
.
EXHIBIT C - INSURANCE
A. Public Liability Insurance: Lessees shall maintain
public liability insurance in coverage limits of no less than
two million dollars ($2,000,000.00) combined single limit for
bodily injury and property damage liability.
B.
Property Insurance:
The Lessee shall maintain
property insurance for the perilS of all risk in
equal to the replacement value of the buildings
an ~,
'I
and shall
.
maintain flood insurance in the amount or the maximum obtain-
able under the Nati.onal Flood Insurance Program.
c.
Workers Compensation Insurance:
The Lessee shall
maintain Workers Compensation coverage in an amount equal to
the statutory limits of employers liability.
D. Automobile Liability Insurance: Lessee shall maintain
non-ownership automobile liability insurance in the amount of
two million dollars.
E.
Professional Liability Insurance:
Lessee shall
require all design professionals engaged in restoration and/or
renovation of the property to have professional liability
insurance in an amount acceptable to the Lessor.
F. The Lessor shall be named as an additional insureds on
the policies required in paragraphs A, B, and C of Ryn;hit C.
G. The Lessee shall sul::mit insurance certificates evi-
dencing insurance of the t}'Pe and the amounts above stated or
otherwise agreed to by the parties.
.
-'~;IlI1'".-
H. The 'Lessee sha1l provide certificates of insurance
which shall give the Lessor thirty (30) days notice of canceJ.-
lation.
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FRO"M PRd~jlCC I CEflTRE
'.
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1..
LEASE AGREE~ENT BETWEEN CITY OF DELRAY BEACH
AND OLD SCHOOL S~UARE INC.
STATE OF FLORIDA
" ,
"
.
COUNTY OF PALM BEACH
'-,-,'
THIS LEASE, made this
day of
19_, by
.!.' '
anC!, ,between the CITY OF DELRAY BEACH, FLORIDA, a municipal
"'1":'.'
corporation, hereinafter referred to as the "Lessor", and the OLD
i ',''''1~:~''
i_ ~.:,..c:',
SCHOOL SQUARE INC., hereinafter referred to as the "Lessee",
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WIT N E SSE T H:
WHEREAS, the Lessor is the owner of certain real estate
together with the improvements thereon, formerly known as the
"Delray Beach Elomontary SOhool", in the Ci ty of pel ray Beach
desoribed in Exhibit A which is attached hereto and made a part
hereof (said real estate and improvements being hereinafter called
the "Property"); and
WHEREAS, the Lessor acquired the Property with a view to its
,
!
use as a oenter for the arts, for science activities, and for other
cultural and educational activities of the community; and
WHEREAS, the Lessee was organized under the laws of the State
of Florida as a non-profit corporation for the purpose of leasing,
restoring, developing and operating the Property as a center for
the arts and sciences and other cultural and eduoational
aotivities; and
WHEREAS, the Lessor and the Lessee desire to set forth their
agreement with t'egard to the lease by the Lessee of the Property
and the development and operation of the Property by the Lessee.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements of the parties, the Lessor hereby leases to the Lessee
the Property upon the terms and conditions hereinafter set forth:
_._-:-._--~.~.-
P. f J.I
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Term of the Lease. This Lease shall begin on the
, 1989 and shall continue for a term
years, unless sooner terminated pursuant to the
hereof. Upon the expiration of the aforesaid term, this
",~; shall be renewed upon the express written consent of the
of five years.
of the Pronertv. The Lessee shall use the Property
sciences and for other cultural and
and for all incidental uses in conneatfion,
inconsistent with the Special Warranty ~eed,
It is understood and agreed that the
various arts, science, governmental and cultural groups
'Which the Lessee may permit to make use of the Property may charge
, :..
events, performances and other presentations.
admission to the pUblic for exhibits, entertainm~nt and cultural
i
,
3. Rent. The Annual rent shall be ONE DOLLAR ($1.00) payable
I
in advance on t~e first day of each calendar year.
4,.
Utilities.
The Lessee shall pay all charges for
telephone, power, water, sewer, gas and any other utilities used
in connection with the Property.
5. Taxes. The Lessee shall pay any ad valorem taxes imposed
upon the Property and improvements located thereon during the term
'of this Lease.
property or improvements owned by the Lessee.
6. Insurance. The Lessee agrees to obtain and keep in force
fire and extended Coverage insurance with respect to the Property
The Lessee shall pay any taxes for personal
In-'the amount of at least
,'insurance in the amounts of at least
'I,~ase the Lessee shall carry at its expense pUblic lillbility
Duri~g the term of this
.-
person and
for anyone
,'.",;~\':-":"'.
for each occurrence and
" 'property
,,' .
::Y;i<~.' ,i,,'
,name the
,,'!,
damage for each occurrence, such pOlicy of insurance to
Lessor and the Lessee as insureds.
',';:'
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Alterations and Imcrovements.
The Lessee shall be
to make such alterations, changes and improvements to the
by the Lessor and with the laws and ordinances of the
Florida and the City of Delray Beach.
and Subleasina.
The Lessee shall have the
sublease any portion
of the Property to persons,
in activities consistenirwith
i-
"
All Sublessees shall
bound by the terms and conditions of this lease and all
'.
,,;,applicable laws and ordinances that may apply thereto. The Lessee
',shall not assign any of its rights or ob1igation-s under this Lease
"without the prior written consent of the Lessor.; i
,
9. To Keen in Renair and in Good Condition. The Lessee will
keep the leased premises, inClUding the heating and air-
conditioning aq~ipment and excluding the exterior Walls, parking
lot, ~xterior landscaping and irrigation, roof and other structural
members of the building in such or better repair as the same are
at the commencement of this lease term or at the renewal hereof,
reasonable wp.ar and tear and damage by fire or other unavoidable
casualty excepted. It is explicitly agreed that the duty of the
Lessee shall include furniShing all necessary janitorial and
,cleaning services, past control service, care and maintenance of
,the Property and any interior renovation or redecoration not
inVOlving major structural changes.
...... .
10.
Eauinment and Fi)Ctu~es.
All e~ipment, furniture,
.
'sUpplies and personal property that are not fixtures installed in
,the Property by the Lessee shall at all times remain the property
,..'
."
:0:' the Lessee which shall have the right to remove the same from
"'1' :
th'8property at any time during the term hereof.
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'11~':.Fire or other Unavoidable casualty. In Case the premises
, ';W~;~ll~t thereof shall at any time during the term of this lease
ed~str'oyed or damaged by fire, act of God or other causes beyond
'S\ '> '
eh::6ntrol of the Lessor, and through no fault or neglect on the
,IlL"
wf:,~., .;:""
arf'of the Lessor, then the Lessor shall be under no obligation
':~~~~~ir or re-erect the leased structure. If the condition of
t.'''""",
leased premises should be so rendered unsuitable by the
;\~,'(~~;': .
. ,lJo1rigcauses, either party to this lease agreement shall have
.~::;", ...
fieioption to cancel this lease.
" . .~~ r.;'
':"! 12 ~ S ians. The Lessees agree that at the further requel!Jt of'
P. ~
~r
,h . Lessor it shall erect an identification sign on the subject
Hi!, "
property that lists both the Lessor and Lessees' names, and
,identifies the subject structure, with the colors, size,
i
;'configuration, and location of such sign to be expressly approve~
in advance by the City Manager or hiS/her designee.
All other
exterior improvements, painting, or any other identification signs
/
or markings Shall be provided only in accordance with the
applicable City of Delray Beach Code of Ordinances and with the
express' approval of the City Manager or hiS/her designee in
adVance.
13. Ouiet En-jovment.
The Lessee shall peaceably hold and
enjoy the leased premises.
14.
Default.
In the event that the Lessee shall fail to
perform any act required of it under this Lease or to otherwise
comply with any term or provision hereof and such failure shall
oontinue for 60 days or more after written notice given to the
Lessee by the Lessor, then the Lessor may terminate this Lease
.
AlJreement and the Lessee shall promptly surrender possessfon and.
Vacate the premises.
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s,~. the right to terminate this lease at any time in the future
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tL~ht ~S~j~ (::;n:.:.w::::~'n::::. ':, :: ::::'~~~t:P:: ::: :::::::
'\"'j~~',",~~..!~;~,.,., ", i tided however that in the
\<:;".;l"i"'i:i';'i/!;set 'forth in th s lease agreemen ; prov, ,
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.:'tr:t)r~::~,yerit of termination by the Lessor, the Lessor agrees that it shall
I .::it\;'ltl!r4~t-;" reimbursements to the Lessee for any costs for capital
.~ ,if;; ',: i~ :r~)!'..4I'''''''' ,
!I .',1;; .;"; ~1~~~p'enCUture additions to the structure (but not for regular
~'t"~r 0, /!It\ \~~ !-o"
I "~'~\i!;\~~bI~"'.!ntenance or care items) should the Lessor elect to termi~~te
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i , '/1' :,I!.~,",:Ii" ,'this lease in advance of the expiration of the initial term hereof,
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;'~;W~'icept if such termination be for breach of this Lease Agreement
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The Lessor and the Lessee do hereby
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'or violation of or failure to comply with any of the covenants s~t
forth herein.
16. Amendment. No amendment to this Lease shall be effected
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'unless in writing and signed by both of the partifi hereto.
17. Other Aareements. The Lessor and the Lessee may enter
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'~nto a separate Management .Agreement that sets forth additional
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'terms and conditions and responsibilities for the occupancy of the
P;:operty. Such agreements shall be considered as if a part of this
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'Lease Agreement and to the extent that there may be a conflict with
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.',' the, terms and' conditions of this Lease Agreement the terms and
:~;;ridi tions of the Management Agreement shall preVail.
18. Insnection by Lessor. The Lessee shall permit the Lessor
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'a~d its agents or representatives to enter upon the Property at all
reasonable times to examine the condition thereof.
19. To Yield Un Premises. At the expiration of the term of
this lease, the Lessee will peaceably yield up to the Lessor the
premises and all buildings thereon, in gOod repair in all respects,
reasonable Use and wear and damage by fire and other unav~ilable
casualties excepted.
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\.:;.", , ",.to, perform any of its covenants,
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If the Lessee shall neglect or fail '" '>r-
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and including if any yearly'~ ~'
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I""t~ssor Illay, immediately or at any time thereafter, after ten (10)
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~a~ys' notice, enter into the premises and repossess the same as of
1,ts former estate and expell the Lessees, but without prejudice to
of rent be overdue and unpaid for ten (10) days, the
f.,.,
"any remedies which nlight otherwise be used by the Lessor for
arrears of rent or any other breach of the Lessees' covenants or
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the waiver of any right by the Lessor.
f:'~~,:_~;.
(II be , by Certified Mail, Return Receipt requested,
~'i follows, or deliver.ed by hand to the location as
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21.
Notice.
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Whenever notice is rec;juired hereunder, it srl~ll
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addressed as
;..
written notice of change of address is given to the other party:
follows untn
Lessor
Lessee
City Manager's Office
100 N.W. 1st Avenue
Delray Beach, FL 33444
Old School Squ~re Inc.
51 South Swinton Avenue
Delray Beach, FL 33444
22. Number: Gender. As the context herein may require, the,
singular shall ~ deemed to include the plural, and the masculine~:':
j.~ . i
form Shall be deemed to include the feminine and neuter.
,if':
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23. To Bear Risk for Contents. That all property of any k1nd
(whether Owned by the Lessor or Lessees) that may be on the
premises during the,continuance of this Lease shall be at the sole
riSk of the Lessees, and that the Lessor shall not be liable to the
Lessees or any other person for any inj ury, loss or damage to
property or to any person on the premises.
24. Mention in this lease of any partiCUlar remedy in favor'
of the Lessor shall not preclUde the Lessor from any other remedy
in law or in equity and shall be in addition to, any other remedies
Conferred upon it by law or in equity.
25. None of the covenants and conditions herein shall be'
waived or mOdified except by the Lessor in writing, and no alleged'
verbal waiver or modification shall be binding under any
circumstances.
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hands and s~als the day and year first written above.
IN WITNESS WHEREOF, the Lessor and Lessees have set their
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LESSOR:' CITY OF DELRAY BEACH,
FLORIDA
ATTEST:
By:
Mayor
City Clerk
Approved as to form:
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LESSEES:
City Attorney
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OLD SCHOOL SQUARE INC.
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
toj,:
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~ E MaR AND U M
TO:
OW FROM:
SCHOOl fa: :
DATE:
.SOUARf.
WALTER BARRY THROUGH BOB BARCINSKI
MARYLOU STROLLO, EXECUTIVE DIRECTOR
LEASE AGREEMENT BETWEEN THE CITY OF DEL RAY
BEACH AND OLD SCHOOL SQUARE.
JUNE 16, 1989
--.-----...-.-.-.-- -_....~..-- --_."~ ----. - -. -----~...__.._--_.~~-_._~._------
FRANCES BOURQUE, PRESIDENT AND CHAIRMAN OF OLD SCHOOL
SQUARE, INC., REQUESTS A MEETING WITH WALTER BARRY ON
MONDAY, ,JUNE 19, 1989 TO DISCUSS VARIOUS ITEMS OF THE
LEASE AGREEMENT ON WHICH WE SEEM TO HAVE DIFFERING
POINTS. THIS MEETING IS REQUESTED AT THE DIRECTION OF
THE OLD SCHOOL SQUARE, INC., BOARD OF DIRECTORS WHICH
MET AT 5 PM THURSDAY JUNE 115, 1989 AND REVIEWED THE
PROPOSED LEASE IN DETAIL AND ACTED OFFICIALLY ON EACH
PARAGRAPH,
;.,.' ../"
RANDEE GOLDER, OSS BOARD MEMBER IS DRAFTING A MEMO TO BE
DELIVERED TO CITY HALL. ALTHOUGH MS. GOLDER IS AN
ATTORNEY, SHE IS ACTING ONLY AS A BOARD MEMBER OF OSS
AND A MEMBER OF THE LEASE COMMITTEE. MS. GOLDER'S MEMO
WILL SUPERCEDE THIS MEMORANDUM.
SEVERAL POINTS, INCLUDING BUT NOT LIMITED TO, TO BE
DISCUSSED ARE:
PAGE 2, PARAGRAPH 2: OSS ACCEPTS "AS IS" BUT MUST
RETURN THE PROPERTY IN GOOD REPAIR IN ALL RESPECTS (SEE
PARAGRAPH 20, PAGE 8)
PAGE 2, PARAGRAPH 3: GOVERNMENTAL USE FOR ASSEMBLY
PURPOSES ONLY? OUR GRANTS DO NOT AUTHORIZE USE FOR CITY
OFFICE SPACE,
PAGE 3, PARAGRAPH 1: "RESTORATION... OVER A 5-YEAR
PERIOD," NEEDS TO HAVE EXTENSIONS FOR CAUSE; "IMPROPER"
AND "OFFENSIVE" NEED DEFINITIONS.
Old School Square, Ine,
Post Office Bo, 1897
Delray Beach, Florid. 33447
(407) 243-7922
II Ii
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PAGE TWO
6-16-89 MEMO
PAGE 3, PARAGRAPH 7: INSURANCE - IT IS NOT KNOWN IF ass
CAN OBTAIN INSURANCE ON PROPERTIES IT DOES NOT OWN _
THIS IS NEGOTIABLE.
PAGE 5 (a) AND (b) - ?REQUIRES CITY APPROVAL FOR EVERY
EVENT AND EVERY PROGRAM OF ass, THIS NEEDS NEGOTIATING.
PAGE 6, PARAGRAPH 12 - IF THE PROPERTY IS DESTROYED BY
FIRE OR OTHER CAUSE.. ,THE CLAUSE SHOULD INCORPORATE
LANGUAGE REGARDING COVERING OF ANY DEBTS AND/OR
OUTSTANDING LIENS OWED BY ass FOR REPAIRS PRIOR TO
THE DESTRUCTION. (I.E. FIRE DURING CONSTRUCTION _ LOSS
PAYEE IS THE CITY - OSS HAS CONTRACTORS BILLS
OUTSTANDING)
PAGE 7, PARAGRAPH 16 - CANCELLATION LANGUAGE TO INCLUDE
AGREED TO BY BOTH PARTIES IN WRITING. (SEE GOLDER MEMO)
PAGE 8, PARA>Gll"APH 20 - DELETE IN GOOD REPAIR
RESPECTS (SEE OUR NOTE RE "AS-IS". SPELLING
UNAVAILABLE CASUALTIES SHOULD BE UNAVOIDABLE
"
IN ALL
ERROR -
CASUALTIES.
PAGE 9, PARAGRAPH 21 - INDEMNIFICATION - MS. GOLDER WILL
ADDRESS THIS IN DETAIL.
[ITY OF DELRAY BEA[N
100 N,W.1st AVENUE
DELRAY BEACH. FLORIDA 33444
HEMORANDUM
TO:
Mayor Doak S. Campbell, III
City Manager ~ "
FROM:
SUBJECT: ROUTING OF COMPLAINTS
IRIES OR REQUESTS
DATE:
June 9, 1989
407/243-7000
For the past several weeks we have had very few opportunities ~ talk
informally and discuss generally the activities of the Cit~~ For
example many of the inquiries you make have been routed dire~tly to
- "department heads and other staff within the organization. i
To facilitate ou:z: communication r..ore frequently and at the same time
not cause informat~on gaps within the organization, r would like to'
suggest that routine cOmplaints, inquiries or requests for information
be routed through my office directly. That way I can assure that
responses are made in a timely manner and at the same time keep all the
appropriate staff in the communication loop.
Where additional services are needed such as having meetings scheduled
or where a change in priority is requested from a department, that
direction or request should come through me rather than from you
directly. In addition to making sure that the response you request is
done in a timely manner, having inquiries and/or directions to
department heads come from the City Manager assures that only one set
of instructions or inquiries are received. The obvious eventuality to
avoid is having more than one set of inquiries about the same item come
to a department head from multiple members of the Commission or have
conflicting instructions made or implied.
This sequence will help avoid confusion in my office between Irene and
Nancy and Cheryl and help Irene better understand her role as one of
secretarial support including correspondence, telephone inquiries and
calendar scheduling.
WOB:nr
cc: City Co~~ission
Nancy Roti
Cheryl Leverett
Irene Montalban
THE EFFORT ALWAYS MATTERS
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[ITY OF DElRAY BEA[H
100 N,W, 1st AVENUE
DELRAY BEACH. FLORIDA 33444
407/243-7000
MEMORANDUM
TO:
FROM:
Walter O. Barry, City Manager~)
Doak S. Campbell, III - MayorJ7'
SUBJECT:
ROUTING OF COMPLAINTS, INQUIRIES, OR REQUESTS
DATE:
June 15, 1989
~ ,
There has been some misunderstanding concerning the ability of : I
Commissioners to deal directly with staff. After our discussion, it appea~8
that you agree with me that the Commission may contact by written communication
staff members to solicit information or convey needed information. A copy of
these written communications should be sent to your office to keep you advised.
Commissioners may meet with or verbally communicate with staff likewise
to obtain information or convey information. Either Commissioner or the staff
person should advise you of the inquiry or meeting so that you may be assured that
no Commissioner is directing staff to action beyond his/her authority or requiring
staff to devote an inordinate amount of time or effort to pursue a request.
Likewise, there are certain communications (not relating to staff) that
a Commissioner may make that need not be routed through your office and you should
not expect or request information without contacting the appropriate Commissioner
first.
Accepted By:
Walter O. Barry, City Manager
DSC:iam
cc: City Commission
THE EFFORT ALWAYS MATTERS
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[ITY OF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
4071243.7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
Doak S. Campbell, III - Mayor
SUBJECT:
ROUTING OF COMPLAINTS, INQUIRIES, OR REQUESTS
DATE:
June 15, 1989
There has been some misunderstanding concerning the ability o~r
Commissioners to deal directly with staff. After our discussion, it appear;
that you agree with me that the Commission may contact by verbal communica~on,
staff members to solicit information or convey needed information. WritteIt
communications should be sent through your office in order to track responses
to insure timely replies and maintain the administrative communication loop
which is in place.
Commissioners may meet with or verbally communicate with staff
likewise to obtain information or convey information. Either the Commissioner
or the staff person should advise you in the event that a change in priority ,or
direction is required.
Likewise, there are certain communications (not relating to staff)
that a Commissioner may make or the Secretary assigned to Commission support
that need not be routed through your office.
Accepted By:
Walter O. Barry, City Manager
DSC:iam
cc: City Commission
THE EFFORT ALWAYS MATTERS
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