06-27-89 Regular
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
June 27, 1989
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of minutes of Workshop Meeting of May 16, 1989; and
Special Meetings of May 30, 1989 and June 8, 1989.
PUBLIC COMMENTS
6. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
7. ORDINANCE NO. 36-89: An Ordinance amending Section 173.345
"Setback Regulations" by adding a new subsection (G) to permit roof
eaves to project over zero lot lines up to a maximum of 18 inches if
adequate gutters are provided to prevent run-off onto contiguous
property, providing that eaves or other overhangings do not project
over utility easements. City Manager and City Attorney recommend
approval. If passed pUblic hearing July 11th.
8. ORDINANCE NO. 38-89: An Ordinance annexing Enclave 50 located in
the v~cinity of Lamat Avenue and Federal Highway, including the former
Chamberlain property with various commercial and residential City
zoning. City Manager and Planning and Zoning Board recommend
approval. If passed public hearing July 25th.
REGULAR AGENDA
9. RESOLUTION NO. 34-89: A Resolution providing "one stop shopping"
for film~ng permits throughout Palm Beach County by authorizing the
Palm Beach County Film Liaison Office of the Tourist Development
Council to act as the permitting agency for Delray Beach and other
Palm Beach County municipalities. City Manager recommends approval.
10. APPOINTMENT OF AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT:
Appoint a member to the Board of Adjustments to fill the unexpired
term of Anthony Veltri which expires March 15, 1992. The following
have applied: Scott Bechtle, Anita Deutsch, Randy Golder, Mark Krall,
Madeline PUlitano, and Thomas Purdo.
11. APPOINTMENT OF FOUR MEMBERS TO THE COMMUNITY REDEVELOPMENT AGENCY
(CRA): Appoint four members to the CRA to terms ending July 9, 1993.
The following have applied: J. Reeve Bright, Bob Currie, John
Levinson, Leonard Mitchell, Robert Moore, Randy Golder, Loren Sheffer,
Kathy Sumrall, Michael Weiner, and Clay Wideman.
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Agenda
Meeting of 6/27/89
12. APPOINTMENT OF THREE MEMBERS DEVELOPMENT
AUTHORITY DDA: Appo~n ree me ers 0 a term
en ~ng Ju y 1, 1991 and two to terms ending July 1, 1992. The
following have applied: Phil Abrell, Bob Chelsea, Bruce Gimmy, Linda
Glass, Roy Simon, and Carole McMillian Stanley.
13. RATIFICATION OF CHAMBER OF COMMERCE APPOINTMENT OF TWO MEMBERS TO
THE HUMAN RELATIONS COMMITTEE: Chamber of Commerce has appo~nted
two members to the Human Relations Committee, Jerry Janero and Rabbi
Sam Silver, to terms ending March 15, 1990.
14. DESIGNATION OF REGISTRAR:
the Finance Director as registrar
Manager and City Attorney recommend
Consider formal appointment of
for various bond issues. City
approval.
15. DESIGNATION OF BOND
BOND: Consider retention
as bond counsel for the
approval.
COUNSEL FOR THE 1989
of Mudge Rose Gutherie
1989 GO bond. City
GENERAL OBLIGATIONS
Alexander and Ferdon
Attorney recommends
16. CONDITIONAL USE AND SITE PLAN APPROVAL- RENAISSANCE DENTAL STUDIO:
Cons~der site plan and condit~onal use approval to convert the present
structure located at the northeast corner of N.E. 2nd Avenue and 5th
Street into a Dental Lab. City Manager and Planning and Zoning Board
recommend approval.
17. SITE PLAN APPROVAL- MAYFAIR ANIMAL HOSPITAL: Consider site plan
approval for Mayfa~r An1mal Hospital located on the east side of S.E.
6th Avenue, between S.E. 5th Street and S.E. 6th Street. City Manager
and Planning and Zoning Board recommend approval.
18. SITE PLAN APPROVAL - FIRE STATION
Fire Station No. 2 located on the east
E. Atlantic Avenue and Lowry Street.
Zoning Board recommend approval.
19. RESOLUTION NO. 33-89: A Resolution requesting an easement for an
offshore borrow area from the State of Florida. City Manager
recommends approval.
NO.2: Approve site plan for
side of Andrews Avenue, between
City Manager and Planning and
20. RESOLUTION NO. 35-89: A Resolution requesting funding from the
Florida Department of Natural Resources in the amount of $2,007,236.25
for our Fiscal Year 1990-1991 beach renourishment project. City
Manager recommends approval.
21. DETERMINATION OF ACCEPTABILITY OF GOLF COURSE RESTAURANT BID:
Review of bid submitted by Jerry Miller for the golf course restaurant
to determine if submission was in accordance with Section 36.06
"Competency in Bidding" of the Code of Ordinances.
CONSENT AGENDA
22. OLD SCHOOL LEASE AGREEMENT: Approve lease agreement for
Old Sc 00 Square Inc. or space 1n e Old Delray Beach Elementary
School. City Manager and City Attorney recommend approval.
23. CONTRACT APPROVAL - PREARRANGEMENT INC. Formal ratification of
the amended contract between the C1ty and Prearrangement Inc. for the
sale of cemetery plots, mausoleum crypts, merchandise, etc. City
Manager and City Attorney recommend approval.
24. RENEWAL OF DOCKMASTER AGREEMENT: Approve renewal for dockmaster
agreement to provide a dockmaster for the City Marina. City Manager
recommends approval.
25. RE UEST FOR ADDITION TO LIST OF SIGNS- WEST SIDE
LIQUORS: Cons1 er request to a vert1se ear~ng to add the
sign at West Side Liquors located at 301 W. Atlantic Avenue to the
City'S list of Nostalgic Signs. City Manager recommends approval.
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Agenda
Meeting of 6/27/89
26. FINAL PLAT APPROVAL- SABAL LAKES PHASE II: Consider final plat
approval for Sabal Lakes Phase II a proposed single family
conventional and zero-lot line homes development to be located on the
east side of Barwick Road between Lake Ida and Ridgewood Roads. City
Manager and Planning and Zoning Board recommend approval.
27. AWARD OF BIDS AND CONTRACTS:
A. B&H Sales- Fire Hydrant
hydrants in the amount of
Distribution Capital (Account
Contract- 29 Kennedy K 81-A fire
$14,439 with funding from Water
No. 441-5123-536-60.89).
28. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
WORKSHOP AGENDA
1. Establishment of Education Board (Commissioner McCarty).
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION.
June 27, 1989
7 P.M.
AMENDMENT
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.
ITEM 5 IS AMENDED TO DELETE: Workshop Meeting Minutes of May 16,
1989. (The Commission has not historically approved workshop minutes).
ITEM 8A IS ADDED FOR FIRST READING: Ordinance No. 39-89: An Ordinance
amendin~ the Sign Code to provide for residential subdivision entrance
gates ~n certain zoning categories and provides criteria for size and
placement of such signs. If approved public hearing July 11th.
ITEM 22 Old School Square Lease
agenda because a public hearing
will be renumbered 5A PUBLIC
Agreement,
Agreement is removed from the Consent
is required on this item. This item
HEARING: Old School Square Lease
THE CONSENT AGENDA IS AMENDED TO INCLUDE: ITEM 26A - Ratification of
Auburn Trace Closing Documents.
THE WORKSHOP IS AMENDED TO INCLUDE:
2, Discussion of Lavers Tennis Center.
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. ' . MEMORANDUM
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TO:
Walter Barry
City Manager
FROM:
Joe Weldon
Director of Parks & Recreation
SUBJECT: LAVERS TENNIS CENTER
DATE:
June 23, 1989
Attached please find the following information concerning City
Commission's requests on Lavers Tennis Center.
1) Report on conditions of buildings and facilities
from Mr. Sanzone, Chief Building official. Mr. Sanzone
estimates on expenditure of $500,000 to bring the buildings
into acceptable condition.
2) ,Aerial photograph Showing several options of access off
of SW 4th Avenue.
3) Aerial photograph of existing tennis facility. Its my
understanding that we own the parcel immediately west of
the Community Center, an which 4, possibly 6 additional
tennis courts might be built along with the redesign of the
existing faCility.
4) I inspected the tennis courts at Lavers and found the
court surfaces to b.e, i.n fair to good condition. The color
coating on the hard courts is in relatively good shape as is
the clay surfaces or most of the soft courts. Weeds, broken
water fountains and fencing in need of repair is an indication
of lack of general maintenance. I was not able to ascertain
the condition of the lighting system or irrigation system.
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Joe Weldon-Director
P r s and Recreation
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cc: Bob Barcinski-Assistant City Manager
File
REF:LAVERS.DOC
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TO:
MEMORANDUM
FRANK SPENCE, DI'RECTOR, DEVELOPMENT SERVICES
LULA BUTLER, DIRECTOR, COMMUNITY I~p~dvEMENT
JERRY SANZONE, CHIEF BUILDING OFFICIA~~
PRELIMINARY INSPECTION OF LAVER'S INTERNATIONAL TENNIS
FACILITY --
THRU:
FROM:
SUBJECT:
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On,Tuesday, June 20, 1989, I met with Mr. Devine, General Manager
'O~ the the facility, and visually inspected the four (4) existing
buildings at the above referenced site. Based on a preliminary
evaluation the city can probably anticipate an expenditure of
approximately $500,000 j1..lst to bring this facility into an
acceptable site. The buildings are suffering from long-term
neglect. The following are my findings:
&2l = Reception ~ ~ Offices
This complex consists of four (4) modular buildings: 3 two
story buildings and I single story with offices and
perimeter decks all inter-connected. The decks are in need
of repair - windows have been scratched on one side of the
double glazing.
Each' building is fully sprinkled.
The roof is hand split cedar shingles and wood siding. The
building ~s not in the best of condition.
!Ql = Maintenance Building
This is a concrete block bUilding with a two story middle
section and service facility, each side and a small
maintenance garage. ' . '
~ = ~ House & Restaurant
This bUilding is a concrete heavy timber structure with a
cedar shingle rOQf. This roof has areas that are leaking.
The perimeter deck is in need of repair. Bathrooms and
locker rooms ar~ also in need of repair.
The bUilding contains two handball courts, saunas which are
not in operational condition, restaurant bar and pro shop.
These facilities, also suffer lack of maintenance.
Conference Center
This single story bUilding is concrete block clubhouse and
bathroom facility with a pool area which is also suffering
from lack of maintenance.
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M E M 0 RAN DUM
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TO: Mayor Doak S, Campbe~l III
Richard Bauer, Code Enforcement Administrator,~~
THRU: Walter O. Barry, City Manager
l'ROM:
SUBJECT: YOUR INQUIRY 6/19/89
DATE: June 20, 1989
The Code Enforcement Division does have regular patrols, and in fact, has
sectorized the City. Each sector is patrolled by designated Code Enforcement
Officers at a frequency based on the Division's experience in the sector.
The main thrust of the Division's activities has been in the
the City, particularly with respect to building inspections.
the blighted areas have shown significant improvement.
blighted areas of
Nearly all of
Complaints received from citizen's are promptly acted upon, However,
depending upon the nature of the complaint, the time to correct a code
violation varies. Overgrown lots and trash can be corrected more quickly than
other situations which might involve surveillance of a dwelling.
Many of the complaints received prove invalid, however, since most complaints
are anonymous the Division is unable to respond to complainants. Many other
complaints received had been already in the process of being acted upon at the
time they were reported.
The Division makes every attempt to detect code violations on their own.
However, certain complaints involving boats, recreational vehicles, trucks and
ov~rcrowding are transitory.
In addition, the Division has implemented the following programs:
shift work where teams patrol selected areas from 5:00 A.M. to
8:00 A.M. and from 5:00 P.M. to 8:00 P.M.
Saturday patrols from 8:00 A.M. to 12:00 Noon. During the past
month, the Division has "caught" over 40 contractors performing work
without permits.
utilizing a Task Force consisting of Police, Fire and Code
Enforcement Officers to inspect trouble areas (North Federal
Highway, Germantown Road, etc.). This same Task Force will be
performing additional inspections on North Federal Highway
I have attached a map showing the method utilized by the Division to patrol
the City.
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CONFERENCE REPORT
PARTICIPANTS
FRGI ror
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CITY OF DELRAY BFAO! SHEREMErA
KEN ROPER PERLA MEDINA
BILL !.EmS FRANK Q)ROCt'!
RAY PIPPI'IT BOB PEREZ
LOCATION OF MEETING
F.D.O.T. DISTRICT OFFICE, FT. LAUDERDALE, FLORIDA
SUBJECT
JClIN WALKER
GATES CASTLE
JClIN ENGLAND
ATLANrIC AVENUE BFAUTIFICATIOO .:. PHASE II
REPORT
This meeting was to discuss D.O.T. 's ccmnents to our request for
permi t.
INTERsECTIOO DESIrn
ror gave us their required section and details for the paver-
block intersection at 5th, 6th, and 7th Avenue. Variations frCX1l
our proposed' section include a 4" P&meable asphalt base with
geotextile fabric in addition to the limerock base, 3.16" paver
blocks containing a minimum 25% silica sand and underdraining
in accordance with, ror standard 286. White crosswalks will be
required. City could either paint across brick or install ad-
ditional header curbs in white paint or thermoplastic.,
STREET LIGHTING
A computer printout showing light intensity and coverage must
be sul::mitted to Brenda Booker at ror. Sul::mittal must be signed
and sealed by Florida, P.E.
Setbacks frCX1l =b face' to face of light pole must be minimum
4' at intersections and wlJ,erever parallel parking is absent.
In addition, 4' clearance is required fran the pole to the back
of sidewalk.
A Structural sul::rnittal is required for light~ poles, based
on 100 MPH AASHro. Minimum ground wire size is #6.
DRAINAGE
Minimum sidewalk cross slope is i"/ft. ror feels that when
=b is replaced by type F =b & gutter, slope will be insuffi-
cent to drain away frCX1l buildings. All elevations should be re-
checked to insure that project will function. ror recatrnended
that heel guard grate be specified at trench drain.
CITY OF DELRA Y RFAr.f.l FI\Jr-II\JFFCII\Ir.l nc:c^ CT.
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DATE
6/14/89
BY ftI
,rnm wnr,KRR
COPY TO
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CITY OF DELRAY BEACI
100 N.W. 1st AVENUE
OELRAY BEACH, FL 334<
(305) 278-2841
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CONFERENCE REPORT
PARTICIPANTS
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Page T\o.u
LQCATION OF MEETING
SUBJECT
ATLANTIC AVENUE BEAUTIFICATIOO - PHASE II
REPORT
ROAD RESURFACING
Resurfacing material may be FC40r 60 lb. leveling course with
Fe2 friction course. A discussion followed relative to elevations
of resurfaced road. It was felt by oor that overlay will produce
elevation problems as noted above. Maximum side slope at shoulder
was noted at 0.06 ft/ft. Milling may be required in order to make
design function,.
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OCleek sight distance at all intersections-required to meet oor
standards even at signalized intersection.
,oTraffic maintenance plan is required in accordance with oor index
600. 'Ihis must be approved prior to permit issuance. Plan will
include maintaining traffic on us #,1; rerouting traffic on Atlantic
Avenue.
oAll details referenced must be included in plans.
oInclude existing and proposed road cross-sections for each condi-
tion (w/parking, w/o parking, node, etc.).
oInclude horizontal control-stations and offsets for construction
layout. '
oInclude signal plans (lcops, etc.)
oSul::mit 4 sets signed and sealed by Fla. P.E. and 4 unsigned sets
for review.
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DATE
June 14, 1989
BY
COpy TO
CITY OF DELRAY BEACf
100 N.W. 1st AVENUE
DELRAY BEACH, FL 3344
(305) 278-2841
(Y\ 1'Ilf CL i
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[ITY DF DELRAY,BEA[H
100 N.W. 1st AVENUE
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DELRAY BEACH, FLORIDA 33444
407/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
THRU: Joe Weldon, Director of Parks and Recreation tvJ
FROM: J. Dragon, Assistant Director
Parks and Recreation
DATE: June 22, 1989
SUBJECT: July 4th Fireworks Update
The following outlines the current status of the City's
plans for the July 4th fireworks celebration:
(1) The fireworks display will be staged from a barge
in the ocean at the end of E. Atlantic Ave. begin-
ning at 9:00 PM.
(2) All contracts, permits, and purchase orders have
been processed and apprcved with the Coast Guard,
Florida Marine Patrol, DOT, Delray Beach Fire
Dept., Ohio Fireworks Co., for all bridge
closings, road closings, fireworks staging area,
trolleys for transporting the public, etc.
(3) The bridges over the intracoastal at 8th, Atlantic
Ave., and Linton Blvd. will remain closed between
9:30 PM and 10:30 PM to expedite traffic flow from
the beach area. Police officers will be directing
traffic at the major intersections from AlA to
Federal Highway.
(4) The'intersection at AlA and E. Atlantic Ave. will
be closed from 7:30 PM until at least the end of
the fireworks display if not longer depending on
the traffic and pedestrian flow. Police Dept.
will make determination as the situation develops.
(5) A command post will be established in a room on
the 5th floor of the Holiday Inn and will be
staffed by personnel from the Fire Dept., POlioe
Dept., and the Parks and Recreation Dept. Other
emergency and first aid positions are outlined in
THE EFFORT ALWAYS MATTERS
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charge by the
The room has been ttonated free of
Holiday Inn.
(6) Temporary floodlights will be used to illuminate
some of the entrance(exit) ways from the beaohat
the end of the fireworks dis~l~y. Primarily those
closest to Atlantic Ave. where the bulk of the
pedestrian traff~c will be concentrated.
(7) Tino Eno is preparing various press releases
regarding the fireworks display and outlining some
of the items noted in this memo for the
convenience of the public.
(8) Foul' Tour Trolleys have been rented to transport
the public along Atlantic Ave. from Swinton Ave.
to A1A. There will be no specific pick-up,
drop-off points. People will flag the trolleys
at the various intersections along Atlantio Ave.
if they desire a ride. The trolleys will operate
from 7 PM to 11 PM.
(9) The Police Offioers will be stationed at 8 to 10
entranceways near Atlantic Ave. to prevent people
from bringing fireworks and alcoholic beverages on
to the beaoh.
Please review and advise if you have comments.
:;:-D;'-~~'t-::-is tan t Direc tor
park~:~~ ~~creation Dept.
co: J. Weldon, Direotor
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, DELRAY BEACH FIRE DEPARTMENT
INSTRUCTION FOR FOURTH OF JULY, 1989
The Fire Department will provide several services for the July 4,
1989, celebration.
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The'Department has the fOllowing responsibilities for the event.
1. Command Post
It will be established'at the Holiday Inn. The Command Post
will be staffed with the Fire Department, Police Department
and Parks Department personnel.
2. Aid Stations
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Three (3) ALS Station will be staffed with two (2) personnel
each. The North Aid Station, located at Ocean Boulevard, one
block north of Atlantic Avenue, and the South Aid Station,
located at Ocean Boulevard, one block south of ~tlantic
Avenue, will be stationary. The West Aid Station on Atlantic
Avenue will be a mobile service cart, assigned to move east
and west on Atlantic Avenue as the need requires. The Aid
Stations will begin operation at approximately 1830 hours.
These stations will be in operation until the Incident
COmmander gives direction to discontinue.
3. Medical Officer
The Medical Officer, Paramedic Lieutenant
assigned a mobile service cart and will be
all medical functions at the event.
Ackerman, will be
responsible for
4. Fire Watch
A fire watch will" be assigned at three (3) locations. 0)
Holiday Inn, (2) area of Boston's and (3) area of the Spanish
River Inn. The responsibility of the fire watches is to
require compliance with the fire code, and to investigate any
report of a fire in their assigned areas. If a fire or other
emergency has been reported to Dispatch, Command will contact
the fire watch in the appropriate area. The fire watch will
investigate to determine if it is a legitimate call and
report back to the COmmand Post. Fire units will be canceled
if the call is found to be unnecessary.
5. Spare Engine
Engine 5 - an additional Engine will be ,staffed and assigned
to an area east of the Intracoastal Waterway and south of
Atlantic Avenue. This company will respond to any incident
in this area. Dispatch will be from the Command Post.
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Instructions for Fourth of July, 1989
Page 2
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6. Communications
The Communications for this event will'~e on the preassigned
tactical channel. All Communications will be through the
Command Post, Police and Fire personpel assigned to the
event will utilize this channel.
7. Dispatching:
All Dispatching of ,fire units in the area from Casuarina
Avenue, north to Beach Drive, and east of the Intracoastal
Waterway will be handled by the Command Post. Delray
Communications will notify the Command Post, who will then
dispatch the appropriate units.
8.
En~ine 2 and Rescue 2
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Engine 2 and Rescue 2 will be dispatched by the COmmand Post
if the emergency is within the dedicated area. All
dispatches outside this area will be handled in the normal
manner.
'GENERAL INFORMATION
Specific street, closures will begin at 2000 hours to the completion of
the event.
1. Atlantic Avenue, east from Andrews Avenue to Ocean Boulevard.
2. Ocean Boulevard, from on block north of Atlantic Avenue to
one block south of,4tlantic Avenue.
Fire Department
to the Central
instruction and
personnel assigned
Station at 1800
assignments.
to the event will report promptly
hours. Personnel will be given
Incident reports will be required for any dispatches or still alarms.
It may be necessary to request an alarm number from Dispatch for still
alarms.
cc:
Kerry B. Koen, Fire Chief
Capt. Trawick
Major Lincoln
Virginia Robertson, Dir. of Communications
Joe Weldon, Dir. of Parks & Recreation
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MEMORANDUM
TCJ:
Mark A. Kilbourne
Traffic Operations Supervisor
FROI'1: ~ Davi d M. Harvell
~ Di rector of Streets
DIHE:
,June 2121, 1989
SUBJECT: ,!.~\ly 4th ActivitJeJ?
The Street Department's i nvo1 vement in the Ju1 y 4, 1989
activities are as follows:
A, Road closures - 7:30 p.m., July 4
1. Atlantic Ave. closed at Andrews Ave.
Detouring traffic north onto Andrews.
(2nd closure at Salina)
Note: Leaving 10' - 12' lane open for
Holiday Inn patrons. <Police will have an
officer at this location.)
2. AlA southbound closed at Thomas Street.
Detouring traffic west to Andrews.
3. AlA northbound closed at Miramar. Detouring
traffic west to Gleason Street.
4, Closures will have arrow boards.
5. Command posts will have a copy of F.D.O.T.
road closure permit.
6, Detour traffic exiting Sandoway & Anchor Park
south to Casaurina.
B. Parking closures
1. 7:30 a.m., July 3 - Close off fire station
parking lot for port-o-1ets.
2. 6:30 a.m., July 4 - Block off all angle
parking in front of Bostons and Phoenix.
Note: Leave handicapped spots open.
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July 4t ~ctivities
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C. In,stal1 light towers directly after road closures.
(Personnel to stay at locations.)
1 each, 9000 watt tower ~ E, At1. & A-I-A.
1 each, 2000 watt tower - 3 entrances to the
south.
1 each, 2000 watt tower - 3 entrances to the
north.
1 each, 1000 watt tower - 6 entrances to the
south.
Note: If Possible, put 2000/1000 watt towers
in back of pickup trucks.
Li9hts to
display.
:::, 1989.)
be illuminated after the fireworks
(Towers should be delivered on July
D. Install 17 si gns, no fireworks, a1 cho1 i c beverages
or coolers allowed on the beach,
E. Assist Parks Division with cleanup. Street
Sweeper to run area.
DMH:mc::
cc: Joe W,~l don
6-2J11-89A.DOC
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DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO:
Chief'Char~.s Kilgore
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FROM:
Lieutenant H. Scott Lunsford
DATE:
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June 21, 1989
SUBJECT:
QIP TEAM LEADER TRAINING
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As you know I recently attended the Team Leader Training for the
Quality Improvement Program initiated by the City. I would like
to thank you for allowing me to attend this training.
I must admit that initially I had many reservations concerning
the value and likely success of this program for our Department.
However, having completed the training, I am convinced that the
program will greatly benefit our Department and that the city
msnagement is very committed to the program's success.
Although the program has many benefits, I believe the most
valuable will be the education and training of employees. The
process encourages positive thinking by employees concerning our
organization and tries to draw them away from all the prevailing
negativism. Functional level personnel will become more
knowledgeable concerning management decisions and limitations.
Manage*ent will realize that th, organizations most valuable
asset is its members and will be provided a means to more
effectively utilize this asset. . The process encourages the
employee ~o focus on improving the Department's service and
environment as opposed to just griping about all the problems
with no constructive thought as to correcting the situation.
I would recommend that the Department fully support this new
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program and continue to stay involved with its development and
implementation. The program seems to be very successful in the
City of Ft. Lauderdale;' A guest instructor for my class pOinted
out that the staff of the Ft. Lauderdale Police Department was
skeptical concerning the applicability of the program to their
department and the likelihood of their employees' voluntary
participation. The program was in place for a couple of years
before a functional team was formed in the police department and
that first team broke the record for the number of areas where it
was thought improvement could be made.
If you have any questions concerning the course I attended, or
the program itself, I'll be happy to try and answer them.
Respectfully submitted,
a~~~;~TENANT
Internal Affairs Section
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
WALTER O. BARRY, CITY MANAGER
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THROUGH: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
Jk,u~
AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
DATE: JUNE 22, 1989
SUBJECT: OPPOSITION TO COUNTY LAND USE PETITION
I have received notice of a proposed zoning action in the County.
The location is:
.1 mile north of Coconut Lane on the east side of
Mil! tary Trail.
The proposed Use is for:
,This site is .5 mile north of our planning and service
area.
Commercial, new and used, automobile, truck, boat,
motorcycle, mobile home, recreational vehicle sales and
rental and repair facilities and lots (new and used
auto sales).
In light of the City's Position on this type of use, its current
prohibition west of I-95, and the fact that the City Future Land
Use Plan calls 'for Rural Residential Use just south of the
proposed use, I feel it appropriate to appear before the County
Planning Commission and state our oPPosition.
I shall plan to attend and formally oppose the petition at 9:00
a.m., Thursday, JUly 6th, unless otherwise directed.
Please disseminate this information to the City Commission and
provide direction.
c: Kay Larche
Art Jackel, UPO
Helen Coopersmith, PROD
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
~ER O. BARRY, CITY MANAGER
~CL~~'-!CkIL
DAVID J. KOVACS, DI~E~R
DEPARTMENT OF PLANNING AND ZONING
FROM:
DATE:
JUNE 22, 1989
SUBJECT: CROSSWINDS MEDIAN CUT ALONG LINTON BOULEVARD
The Planning and Zoning Board has reviewed a sketch plan for the
completion of the Crosswinds development which is located south
of Linton Boulevard, ~st of Homewood Boulevard. This most
recent development plan provides a direct access from Linton
Boulevard. The original plan called for access through the
existing portion of Crosswinds.
The impact
siqni.ficant
installed
of the new access scheme is that it will remove a
amount of median strip landscapinq which was
under the Utility Tax Beautification Project.
While there are neighborhood, site design, and traffic flow
considerations which go into determining the appropriateness of
the new access scheme, the impact on the median landscaping is
brought to your attention at this time so' that Commission members
are made aware of it. If this situation will not meet with their
favor regardless of the other considerations, I would appreciate
comments immediately.
DJK/cm
c:
Frank R. Spence, Director DSG
Lula Butler, Dire9tor CIS
Nancy Davila, City Horticulturist
Project File
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FRANK HANNIGAN
Selllor Exc<:ul1ve DirC.:lor
Unit 3tatcs Green Section
Golf nssoclatfon@ Southeaslern Region
Director
Pal rick M. O'Brien
Agronomist
John H. Fo)'
fJ~"~~<"S GOL~. "'0<;;
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John H. Foy, Agronomist
8908 S.E. Colony Street
Hobe Sound. FL 33455
Telephone: (407) 546-2620
IS. 1:, 1. r' l 'i? 'i) '~.J
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JlJN 231989
May 26, 1989
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GrtY Mi,;',:',;,,"" nr.'/I'r
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DELRAY BEACH MUNICIPAL GOLF COURSE
DELRAY BEACH, FLORIDA .
MAY 11, 1989
PRESENT: Mr. Tom Egnaczak, Golf Course Superintendent
Mr. Joe Weldon, Assistant Director Parks and
Recreation
On behalf of the USGA Green Section, it was indeed a
pleasure to once again visit Delray Beach Municipal and
discuss your course management concerns. The following
report summarizes my recommendations of course mainten-
ance operations that should be conducted over the next
two to three months. These recommendations are intended
solely for Delray Beach Municipal Golf Course to insure
that the present level of course conditioning is main-
taned and improved upon. If questions should arise con-
cerning any part of this report, please contact our
office. Thank you for your support of the USGA and the
Green Section.
GREENS
At the time of my visit, it was observed that a basic-
ally healthy turf cover with proper conditioning for
general membership type play was present on the greens
through the course. It was noted that the greens had
been core ,aerified three weeks prior to my visit and
while good Irecovery was occurring, the rate of recovery
and color character of the turf was slightly below what
would be desired. Now that environmental conditions are
favorable to active growth of the bermuda base of the
greens it would be recommended to supply a minimum of 1
pound of actua:l'nitrogen per 1000 sq. ft. per month. In
order to insure that a constant growth rate of the turf
is maintained a biweekly fertilization schedule should
be practiced. Also, as has been discussed previously at
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Delray Beach Municipal Go_. Course
May 11,1989
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least a 1:1 nitrogen to potassium fertilization ratio
should be maintained. Furthermore, soil, samples should
be taken and analyzed to determine if any additional ad-
justments need to be made to the base fertilization pro-
gram.
Examination of soil cores pulled from various greens
through the course revealed that overall root system
development was somewhat variable, but acceptable for
the beginning of the summer growing season. It was
pointed out that selected greens have been treated with
fenamiphos (Nemacur), however, it had not been possible
to get all of the greens. This explains the variation
in the health and quality of the turfs root system. It
has been my observation, that rather significant
nematode activity has been occurring this spring and
thus every effort should be made to get all of the
greens through the course treated so that turf growth
and development is not limited. The putting surfaces as
well as their surrounding slopes, tees, and bunker
perimeters should be treated with Nemacur lOG at a rate
of 4.5 Ibs. of material per 1000 sq. ft. Also, it would
be recommended to schedule a fall preventative treatment
in October or November to reduce nematode populations
prior to winter overseeding and the heavy play winter
season.
Also, due to the drought conditions that have persisted
throughout most of Florida this spring and continuing
problems with the irrigation system (inadequate pres-
sure), a slight localized dry spot problem has been oc-
curring on selected greens. The third green is an ex-
cellant example of this situation. A new pumping sy-
stem is being installed at Delray Beach Municipal and
this will make a significant improvement in the coverage
of supplemental irrigation. However, it would still be
recommended to maintain a wetting agent treatment pro-
gram in order to insure uniform moisture penetration
and maximum benefit of irrigation efforts. Of the wet-
ting agent materials currently on the market Aqua-grow
or Hydro-wet have proven to be the most effective. A
monthly treatment program according to label recommenda-
tions should be practiced until more normal rainfall
patterns occur.
As far as the basic cultural management practices of
aerification, 'topdressing and verticutting of the greens
a good schedule is in place for maintaining proper play-
ablilty. However, it would be recommended that the
greens be core aerified approximately six weeks after
the first aerification that was conducted. Any addtion-
al replications of this operation that can be scheduled
in, obviously would be of benefit. The final aerifica-
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Delray Beach Municipal Gc_~ Course
May 11, 1989
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tion should be scneduled 30-45 days prior to the pre- .
posed overseeding date.
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TEES AND FAIRWAYS
At the time of my visit, overall turf quality of partic-
ularly,the fairways was below what would be expected at
this time and also there appears to have been a rather
dramatic increase in the weed population through the
course. The irrigation system problems certainly have
played a role in this situation developing, but in my
opinion an adequate fertilization program of the fair-
ways has not been practiced over the past few months.
Again, the new pumping system will make a big difference
in the maintenance 'staffs ablilty to properly irrigate
the course, however a good fertilization program must be
conducted in order to keep a healthy actively growing
turf cover. It was pointed out that an application of a
15-0-15 fertilizer is scheduled to be put out as soon as
the irrigation system is back on-line and in a de-
pendable operating condition. It is absolutely essential
that a follow-up application be made four to six weeks
after this application to maintain a good turf growth
rate. It would also be suggested that a supplemental
potassium application be made in the early summer to in-
courage improved root system development and better
tolerance to traffic, drought, heat and nematodes. An
application rate equivalent to 1.0-1.5 lbs. of actual
K per 1000 sq. ft. would be recommended. Also, again
soil samples should be taken to determine if any addi-
tional treatments such as lime or gypsum are required.
While the weed population is a very obvious problem, it
is essential that the base turf be in a healthy actively
growing state before a large scale weed control program
is started. A herbicide program had been started prior
to my visit, but due to the turf being in a drought
stress condition rather significant discoloration of the
bermuda was being experienced. Furthermore, it is of
little benefit to kill the heavy weed infestations in a
number of different areas if there is not sufficient
bermudagrass present and actively growing to reestablish
a dense turf Cover. Thus, the above issues must be ad-
dressed along with initiating an aerification program of
the fairways and roughs. While core aerification is the
most effective method, relieving soil compaction with
repeat operations of the Turfquaker slicing unit would
be an acceptable alternative at this time.
Once the base bermuda is in better condition an aggres-
sive herbfcide program can be started. Some experimen-
tation has been done with the herbicide asulam (Asulox)
but this material is only recommended for use on Tifway
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Delray Beach Municipal Golf Course
May 11, 1989 '.
bermuda and signlficant damage to the other bermuda se-
lections present thru the fairways and. roughs will oc-
cur. Thus, due to the mixed stand situation at Delray
Beach, MSMA will have to pass as the base post-emerge
control material. Repeat broadcast applications of MSMA
at a rate of 4.0 lbs. of AI per acre on a 5-7 day spray
schedule will have to be practiced. It would be recom-
mended to make three or four applications and then dis-
continue the treatment program for two to three weeks to
allow the bermuda to metabolize out the herbicide mater-
ial that has been absorbed. This approach will minimize
the negative effects of the MSMA on the less tolerant
selections. After the bermuda has recovered the treat-
ment program can be started up again. But it must be
accepted that re-establishing an acceptable level of
weed control will take awhile. It should be noted that
a new herbicide material diclofop (Hoelon) is suppose to
receive a special state registration this summer. This
material offers superior goosegrass control with no phy-
totoxic affect on bermudagrass even at putting green
mowing heights. When this material becomes available it
should definitely be put into Use.
Because there has been such a severe weed problem on the
course for several years, a tremendous seed population
has also built-up. In the areas where heavy weed in-
festations exist, it would also be recommended to con-
duct a spot treatment program with a pre-emergent herb-
icide. ,When combined with a post-emerge program the
eXisting bermuda will have an opportunity to re-esta_
blish a dense cover. At this time oryzalin (Surflan) or
pendimethalin would be good choices; The oryzalin
should be applied at a rate of 1.5 qts. per acre while
2.0-3.3 Ibs. of AI per acre of pendimethalin would be
suggested. Beginning this fall, it Would be recommended
to begin a full scale pre-emergant treatment program to
establish land maintain an acceptable level of weed con-
trol.
Due to the very mild winter that was experienced this
year, I am afraid that mole cricket activity will be ex-
tremely heavy thru the summer months. Therefore, it
Would be strongly suggested to treat absolutely as much
of the golf course with isophenphos (Oftanol) as pos-
sible, to provide residual control of the emerging new
population. The initial treatment cost may seem
somewhat high; but this is truly a much more cost
effective control strategy relative to a "chase and
spray" type of program. Based on the current informa_
tion, all isophenphos applications should be done by
mid-June in order to have the material in place prior to
the primary egg hatch.
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Delray Beach Municipal Gc
May 11,1989
Course
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Finally, as far as' re-establishing a good turf cover in
some perimeter areas, again the first step is to make
sure that adequate irrigation coverage,i~ occurring. It
is a simple fact of life, that particularly with sandy
soil conditions, it is impossible to grow grass without
water. In the areas such as along the right hand side
of the second fairway, sufficient turf material was
present that with proper attention an acceptable cover
can be established in a reasonable amount of time. But,
without a doubt, there are other areas where sprigging
or sodding will be required to produce a turf cover.
IN SUMMARY
I fully realize that this is a difficult time at Delray
Beach Municipal Golf Course because the current lease
agreement will end in a few months. Over the past three
years steady progress has been made towards re-estab-
lishing an acceptable level of course conditioning.
However, some of the progress that has been made is be-
ing lost and if proper management programs are not con-
ducted over the next few critical months an even further
decline will be experienced. The above discussions are
a basic review of the necessary management practices to
keep and improve upon the current level of course con-
ditioning. But, in addition to having available the
basic inputs of fertilizer, irrigation and pesticides it
is essential that the necessary course maintenance
equipment is available and in good operating condition,
as wel'l 'as maintaining sufficient man power hours so
that the turf management programs and practices can be
conducted in a timely and efficient ,manner. Hopefully,
the necessary provisions can be made so that the golf
course can be maintained in a reasonable fashion.
If there should be ,any additional questions or concerns,
please contact my office. I look forward to being of
assistance in the future.
Sincerely,
John H. Foy
Southeastern Regional Agronomist
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LAW OFFICES OF
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ROGER G. SABERSON, P.A.
DELRA Y EXECUTIVE ll.tALL
110 EAST ^ TLANTIC ^ VENUE
DELRA Y BEACH. FLORIDA 33444
(407) 272-8616
June 23, 1989
Mayor and City Commission
City of Delray Beach
100 NW First Avenue
Delray Beach, Florida 33444
Re: Annexation of Enclave 50 - Auto Ranch property
Dear Mayor and City Commissioners:
At your meeting of June 27, 1989, you will be
annex and rezone all of the property in Enclave 50.
Mr, Stan Levy, owner of the Auto Ranch property.
considering an ordinance to
In that regard, I represent
I am reauesting that vou direct staff to modify the ordinance that is being
advertised so that when you consider it on second and final reading Julv 25,
1989, it will have been advertised nronerlv so that vou will have the ontions
of i lac in a zonin cate or on this ro ert of SC S ecialized Commercial
which we are reauestinQ:. or (ii) of followinQ" the staff recommendation which was
anoroved bv the Planning and Zoning Board,
The legal description of the subject property is as follows:
Lots 1 thru 10, inclusive, less the west 38 feet
thereof, and Lots 19 thru 24, inclusive, Block 24, DEL-
RATON PARK, Delray Beach, Palm Beach County, Florida,
according to the plat thereof recorded in Plat Book 14,
Page 9, of the Public Records of Palm Beach County,
Florida, and together with the alley right of way
abandoned by Official Record Book 1754, Page 613,
AND TOGETHER WITH:
The west half of the alley right of way abandoned by
Palm Beach County Resolution No. R-83-1115, recorded in
Official Records Book 4053, Page 744, lying adjacent to
said Lot 23, Block 24, and together with the east half
of said abandoned alley right of way lying adjacent to
said Lots 19, 20, 21 and 22, Block 24. (A copy of the
survey is attached hereto,)
My client owns all of the above property except Lots 6
thru 10, which he leases from Mr. George Paton,
I will be out of town next week and therefore will not be able to be at
your meetin~ Tuesdav niQ"ht to sneak to vou about this issue. hence I am writin~
this letter instead.
Mayor and City Commissioners
June 23, 1989
Page 2
The Auto Ranch property was formerly known as Delray Autos, Inc., and has
been used for auto related use for at least the last 16 years and probably a lot
longer. I used to represent Mr. Charles Farist, the owner of Delray Autos, and
therefore am familiar with the fact that this property has a long history of
automobile use. After Mr. Farist sold the property to the present owner, the
new owner applied to Palm Beach County for a special exception to allow the
expansion of the automotive use and I enclose herewith a copy of Palm Beach
County Resolution R-83-1084, which approved the expanded special exception on
the property described above and the special exception permitted commercial new
and used automobile wholesale, retail sale, and rental and repair facilities,
My understanding of your intention when you adopted the automobile policy
for the proposed plan is that as to existing automotive use located east of
Federal Highway, that those uses could continue to exist and also new car
dealerships could expand onto this property but that auto use could not expand
into new areas that had not formerly been used for auto use. This judgment was
made by the Commission after listening to the various interested parties
including but not limited to your staff, the automobile dealers, citizens from
Tropic Isle and citizens from other areas of the City.
Although the Auto Ranch property has a lengthy history of automobile use,
the staff recommended to the Planning and Zoning Board that a portion of it be
General Commercial (not permitting automotive use) and the remainder to be
designated RM, The staff visited the site prior to advertising the Enclave 50
annexation and since it was not at that time being used (despite the fact that
it had been used for automotive use for years), staff decided to recommend a
portion of it be General Commercial and the remainder RM, and the Planning and
Zoning Board followed the recommendation.
The property owner does not intend to abandon the automotive use for the
subject property and even if the staff recomm~ndation were followed he would be
allowed to continue the automotive use as nonconforming use pursuant to the City
Code.
The staff indicated at the Planning and Zoning Board meeting that one of
the reasons the new policy permitted new car dealers to expand onto other
property in automotive use on the east side of Federal Highway was to permit
what staff calls "less desirable automotive use" to be absorbed by a new car
dealership, Even if this were your policy judgment, it certainly doesn't give
a new car dealership any incentive to absorb these types of uses when the
property they would be buying would constitute a nonconforming use, In fact,
this is probably the best way to insure that the policy never gets fulfilled.
The intent was not only to permit them to use this additional land, but also to
construct additional buildings and/or additions. However, if the property they
are acquiring is a nonconforming use, then under the City Code they would be
prohibited from doing so,
I think your policy judgment was broader thsn the above and represented
a compromise with all of the various interested parties, the intent of which was
to basically accept existing conditions as to automotive use on land on the east
Mayor and City Commissioners
June 23, 1989
Page 3
side of Federal Highway by permitting land that has been used for automotive use
to continue, but prohibit expansion onto lands outside of these areas.
Given your policy judgment, I would respectfully request that when this
matter is heard by you on second reading that you zone the subject property SC.
Please have the ordinance advertised, in the meantime, so this option is at
least open to you when second reading occurs. Thank you for your consideration
of this matter.
1;;:i4~
ROGER G. SABERSON
RGS/jb
cc: Mr, Stanley M. Levy
Mr. Walter Barry
Mr. Herb Thiele
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RESOLUTION NO. R- 83-1084
R,;SOGUTION APPROVING ZONING P~;'l'l'l'ION fl3-8'l, Special Exception
WHERE~S, the Board of County Commissioners, as the
governing body, pursuant to th~ authority vesteJ in Chaptae 163
and Chapter 125, Florida Statutes, is authorized and empo~ered
to consider petitions relatinu to zoning; and
WHERE~S, the notic2 anJ hearing requirements as provi~eJ
foe in Chapter 402.5 of the Palm Beach County Zoning Code
Ordinance No. 73-2 have been satisEied; an~
WHERE~S, Petition No. 83-89 was presented to the Board of
County Commissionars of Palm Beach County at its public hearing
conducted on 23rd June 1983; and
WHEREAS, the Board of County Commissioners has considered
the evi~enca and testimony presented by the applicant and other
interested parties and the recommendatons oE the various county
r'€view agencies and the recommendations of the Planning Commission;
and
findings of fact:
I-1HEREi\S, the T30ard oE County Commission'~e:> "ldd,~ the fOllowing
1. The propOsed special exception is con~istent ~ith
tlle C();npc8)1'~'lSi~0 Plan.
2. Provided the site pldn is d'n'~:l'l,~d' to COO:'lGt p'Ici<in'J
;:tr':::"~:-;~)I <:In,d landsc3pio':J regi (~.ll:~ql::-=;I l;h:~ 'it b~ 1>,\1) h~
d:~V';~l()pt'3-:l r:or: thf-~ P(l)i)f):i~~;l lJ..,.! lq ':~)llE.)r:;nil:y vli.l:h
~j.lr} i,:tJ ,~').h~ r>~'l'l i r:~,n:~llt:::;.
COMi1ISS [Or~ERS OE' PAG'l f38"'C'i CO:) ,'oj 1"( I ~'i.ORt:)l\, iisse'nbl'~,l "I e'~-j'.ll'1~
7~\)"V, THr:Rr~~1');{f~, ~r~ '['(' l~t~.sO:'.I'J~~:) '~'f [,:il': d:)-,\l.{.) :)l" :~n:);'J'l',(
';'~';';;,'Iil i:his 7.3rd day Juw", 1981, th'it I':'ll:ii:i,')'l ,~<). 83-89 th~
p-;,ti tion or: ,'3l'>\NCEY M. LEVY AND Gf~ORGf; R. PI\'["I'ON fly 8erl1 Kruger, Agent,
a SPRCI>\C EXCEPTION TO ALG00 TH8 ~XP"'NSION OF AN EXISTING USED C"'R LOT TO
INCI,IjI)f~ CO"l"'lERCIAl, N8i'i "'NI) US!~,) 1\1) [,:1;>1() 8 [I~l, IflHOLESl\r.8, 1~8TAII~ SM.~~ A:<II) ..H~'l
"'Nt) R8P,I\IR f.l\CIC('l'(Io:l; I\:m r.OT:> on Lots 1 thru 10, inClusive, LI'!<;s the ;"l'~s
Ee:;t there:lr, "il'" Lnts 1.') thru 34,,', inClusive, Block 24, Del-Raton Park in
Section 28, Township 46 South,
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Range 43 East,
as r""OC"'lj in Plat BOok 14
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Book 1754, Page 613. Said property located on the southeast corner of th
Page 9 and together with the alley right-of-way abandoned b Official Rec
intersection or u.s. Highway No.1 and >\venue F, approximately .5 miles s
or: ,"i <lto,) Boulevard in <:In Ci:;-Gc,ncral Conn,",c';l.)l DI,;tr l,~i, was apprOved as
advertised subject to the following conditions:
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1. Thi.,; 11~",~l')p'n"'<lt ,nust r~tain onsite 85'1; of. the "tor,n
w-:\ter runofr: T~<l'~r."t~,l hi <I tlH:~'? (3)" year storm p~r.
requi.t:e,n8nt:-=; 01: i:h8 P;~c;'nit Secti:)n, L.:if),l I).':!,,;~lop;nl~f'1t
Division.
2. The (1eV8l()pr.~r: si)::'lll ol)::di,) ~):) .-lb.-ll)d~)r)ll-)r)l: 1)( th~ ~:(if,l:i:'l-3
10' alley and this ah'l Ihl,) fl"1'?11 I: :,:1<111 be reElect<~d 1)11
the sttc~ plJtll.
3. Th8 devel()p;~'( -sh:'lll (;:)q~t('I.\::I: :':{)f\:~IJ((I:f'l1: 'Nil:h a P-:\Vll)'j
-:tn.' .1(-ii.r)d'.J'~ p"~17Inl:: i:~:,'l'~lj ::::':),1\ t~,.~ ',lr:ri ~~ ;Jr:li;hl~ COl1t1ty
Engineer;
a) ritjht i:'.1(il 1....':)'~1 ~l)l]th rlP~)(:)1::h Oq i]..S. 1 rlf:
the project's entrance rO<lJ.
h) non-ln:}l.lllt.).bl,~ (:,.ll:b Or") h,-)t:~l ":ii.l~...; ur: th8 .~)(isting
medi~n a llistdl)l;e l)r 53 r:e~t l)~ u.s. 1 at the
project's ellt(dllC~.
4. The developer shall cO<ltributa Seven Hundred and FiEty
Dollars ($750.00) toward the cost or: 'n~ei:lng this pro-
ject's direct and id:;',lti fi.:\ble i,npact, to be paid at
the timeoE the building permit.
5. The developer shall take redsonahl~ precautions during
the development of this property to insure that
fugitive particulates (dust particles) Erom this
project do not become a nuisance to neighboring
properties.
6. The developer shall take necessary measures during
the development of this property to prevent pollu-
tant runoff to neighboring an nearby surface1.. waters.
7. No new structures shall be pl~rmitted '~h(ll)i50 feet
of the east right-of-way line oE U.S. ~y #1.
8. The site plan shall b~ revised prior to site plan
certi Eication to >:",fl.8I"t' rt,!'l"Ji r.e.'1 pdrking, <1ccass,
lan(lsc~pi~g ~n(j $ig!l setbacks.
9. No gen8~~1 ~~t{) CliL)~i( ~~1~11 ba psrmitt8l1 l)r1 tIle
subject property.
10. Lots #6 to l~ ...,hrtll be c~...,trictBj 1:0 P;;\r.i< lr)0 allt1
siglHI]e only.
11. HOll-cs of f).?~r.-?ltif)q -=:h11.1. hr~ Itlni.tl~d 1:1) t:1-= p~'Ci:)l
b~tw~~n 7;00 A.~. and 3:03 P.M.
l~. Th:~r.:~ ..:;.1).-111. h~:! 110 '3::t:ess 1:0 Fr.e~l[~(t,:}~ Bl):llr:!\l;-l(ll fC:);1l
th i $ P(I)~),~ (.' ty.
:::q floll (:-3.') tOllf~C
Bailey
, 'novad for
of the l'etii:1.I)rl. T~)~ qll)i:i.t)l) ':'Ia-s s.~CO!)j<?.] hy ::r;ll.llt::;:~tf)I)~[ Koehler
and upon being put to a vote, the vote was
as follow,,:
Peggy E. Evatt, Chairman
Ken Spillias, Vice Chairman
Dennis P. Koehler, M~mbar
Dorothy Wilken, Member
Bill Bailey, Member
AYE
ABSENr
AYE
ABSENT
AYE
The foregoing ra,;ol.ution was declared duly passed and
adopted this
day of
'SEP 1 3 YJR3
, confirming action of
23rd. June 1983.
.......
~~
1. This (l~"'~l<)[l,n'~'l't 'oust retain onsi b~ 85~ of. the "tor,o
water rUlloff: J8n8(oil:~,1 hy oi thc,~,~ (3) year storm per
requ i t'elo~n cs <) r: the Pl~ (In it See t: i :)11, L~f}d D;~v:~ l()pIOI~n t
Division.
\
,
"
2.
Th~ devel()p:-~(' ...,11,,11 ()bt..'lli1 .;li) <3.b.i:1.J;)l)tl:Hll: or: thl~ ~J(i:)!:i.n3
10' alley and this aba'j<l')(h'lent :;110311 be ref.18ct8d on
the site pl':lr).
3. The ci'=Jvi:lop~t' ~h"'-ll.1. (;nq''';I:-(l.lc:i: c':{)I}:~I.l((.~f)t 'N'ith -:t P~Vil)J
d'll lr:oii..",'),,, L)'~':"li:: Li"'l,?d f.c,)n t:l" ,rei" ,Ir ,i:h,~ COLloty
Engineer;
a) ri<Jhl.: tl.l(l) 1.-11)81 ..,I)l]t:h .-l[}f>(;).,:::h :)1') U.S, 1 ':"1':
the project's entrance roa~.
b) nt)tl-:n;)IJI)tdbl,~ cur.o :)1) h:)th -;i. 1:~-) uf: I;h(-~ l~(ist:ing
.nedinl1 ft dist:...,I):~~ of: 50 r:~l~:: Of) U.S. 1 at the
project's ent(dllC8.
4.
Thp. clevelooer shall co'ltdb'li:,~ Seven Hundred and Fifty
Dollar.s ($750.00) toward the cost or: ,0;')81: t'l'] this pro-
ject's direct and id8ntif:iable im~act, to b8 paid at
th~ timeof. the building permit.
5. The developer shall take reasondble precautions during
the developm'~nt of. this property to insure that
fugitive particulates (dust particles) f.rom this
project do not become a nuisance to neighboring
pcopecties.
6. The developer shall take neceAA~r.y measures during
the development of this property to prevent pollu-
tant runoff to neighboring an nearby surface waters.
7. No new "tructures shall be permitted within 150 f.eet
of the edst ri0ht-of:-way line of. U.S. Highway #1.
8. The site plan "hall be revised prior to ~ite plan
certification to (,;,fL"",t Co,!'loli(p',l 1'a[:dng, aCCp.AA,
landscapLng and sign setbacks.
9. No gen~(~l ~l]tl) (:~v~tc :ihall ba par:nitt~l] C):l th~
sLloject property.
10. Lots #6 to 1.;;<;110'.11 be re,stri,~t,?.:l to parld'l') d'h1
Si'JI103'Je '}nly.
11. HOllrs of op'?r"tti,"'l -';'1'11.1. b:-J ll'nit,~:l to t:1'~ p'~rL)j
h=r:""'~'~r) 7;00~~i1. -l:1d g:00 P.;'1.
1<. 1':...~["~ ~'1..;11 b'J '10 03:::cess to Fr.r,.l.~r.ick 3'''.I1,:Jv..;c,] f.co,n
I:hi..,:; l.)(()~).~(tYI
:::l.JoIll) lss ll)I)/~C
Be Hey
, 'nov'~:l f.or
of the petitiun. TIH n,)i:i,o'l WoolS ,s,~con.:l,~J "1' :::r)'n.,L~"L'}n,?r Koehler
and upon being put to a vote, the vote was
,
as follows:
Peggy E. Evatt, Chairman
Ken Spillias, Vice Ch~irlna;l
Dennis P. Koeh18r, Member
Dorothy Wilken, Member
Bill Bailey, Member
AYE
ADSEN!'
AYE
A BSEl\'T
AYE
adopted this
The foregoing resolLltion was declared duly paSsed and
day of
'SEP 1 3 Vl83
, confi r'ning action of
23rd. June 1983.
./
I
.......
,,-,
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD or COUNTY
COMMISSIONERS
JOHN B. DUNKLE, CLERK
BY:
Deputy
.(
APPROVE AS TO FORM
AND LEGAL SUFFICIENCY
~
-
"; ~.,t, '".::1
\ .:.) ":.: .J
\>,
~t:.LZdfL-
...county Attorney
, ",
\ '
[ITV OF DElHAY BEA[H P')
CITY ATTORNEY'S OFFICE
310 S,[. 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
t1EMORANDUM
Date: June 27, 1989
To: City commission
From: Jeffrey S, Kurtz, Assistant City Attorney
Subject: Closing on Auburn Trace
Attached for your review ahd approval at the Commission meeting
of June 27, 1989 are the following documents relating to the
Auburn Trace development:
1. A Promissory Note from Auburn Trace Ltd. to the City.
2. A Mortgage Deed from Auburn Trace Ltd. to the City.
3. A Loan Agreement between Auburn Trace Ltd. and, the City.
4. A 'Land Use Restriction Agreement from Auburn Trace, Ltd.
running to the City.
The closing on the property transfer from the City to Auburn
Trace is set for June 28, 1989. No funds will be transferred
to the City at that time, although the $10,000 deposit held in
escrow currently, will be placed into the City coiffeurs. The
next payment of $65,000 will be made on or before July 31,
1989. The loan agreement mirrors the provi<::; nn,.. that have
already been approved and are set forth in the city's UDAG
Agreement with HUD, as such agre.ement has been amended. Also,
included with the Loan Agreement are terms found on Page 13 in
which terms have been previously approved in concept by the
City during the development process. The additional language
relates to the fOllowing items:
1. HOlding the City harmless with respect to the location of
the security/guardhouse, which is to be located over the
City's water main easement.
2. Granting the Ci.ty authority to approve the management firm
rules and regulations for the development.
3. Providing for Auburn Trace Ltd to deed to the City for
park and recreational purposes the drainage and retention
City Commission
June 27, 1989
Page 2
areas as outlined on the plat. Such acquisition of the
property is to be at the City's sole option.
In addition, the developer is desirous of the City reexamining
the use of the excess syndication proceeds. You may recall
that this issue was previouSly raised by the developer prior to
the City approving the UDAG Agreement with HUD. Under the
terms of the agreement with BUD, 50% of the excess syndication
proceeds in which the City received shall be applied to the
repayment of the principal UDAG loan. The remaining 50% may,
at the City I s option after the sixth year of operation, be
applied to such repayment of UDAG loan principal if the project
has negative cash flow in that sixth year. The developer,
through the execution of this Agreement, would like to alter
that "may" and have it become a "shall".
Auburn Trace, Ltd. feels that it will be mutually beneficial to
proceed in that manner, because at present, whether there will
be any excess syndication proceeds depends on how they struc-
ture their arrangement with the syndicators. If they retain a
5% interest in the syndication, which is permitted by HUD,
their contention is that there will be no excess syndication
proceeds. However, if they have a 1% interest in the syndica-
tion, there will be excess syndication proceeds running to the
City. 1'he developer's position is such that they believe it to
be close enough when weighing the benefits of the 5% versus 1%
position that the deciding factor in which direction to go,
would be the potential application m those syndication pro-
ceeds. Therefore, Mr. Hinners will be briefly addressing the
Conunission on this point and prOViding some written estimates
as to the amount of syndication proceeds that would be avail-
able to the City and to the different scenarios.
Lastly, the contract for sale and purchase is between Auburn
Trace Joint Venture (ATJV), a general Partnership; whereas the
developer under the HUD UDAG Agreement is Auburn Trace, Ltd., a
limi ted partnership to which ATJV is the general partner. To
simplify matters at Closing, it is requested that the property
be transferred directly to Auburn Trace, Ltd.
It presently appears that the City and developer will be able
to meet all their cOllllDitments to each other and to HUD and
submit the required evidentiary materials, by June 30. More-
over, some si te work will be conducted on or before June 30,
with a formal ground breaking tentatively set for July 10,
1989.
City Cormnission
June 27, 1989
Page 3
If the cormnission should have any questions concerning this
matter, please do not hesitate to contact our office.
JSK:sh
Attachments
cc:
Walter o. Barry, City Manager
Frank Spence, Director of Development Services
Lula butler, Director of Community Improvement
David Kovacs, Director of Planning and Zoning
Tom Hinners, Auburn Trace, Ltd.
~
------
PROMISSORY NOTE
$720,000.00
Delray Beach, Florida
June _, 1989
FOR VALUE RECEIVED, the undersigned jointly and
severally promise to pay to the order of CITY OF DELRAY BEACH,
FLORIDA, at is main office at 100 N.W. 1st Avenue, Delray
Beach, Florida or at such other place as may be directed in
writing by the holder hereof in lawful money of the United
States of America the principle sum of $720,000.00 or so much
thereof as may be advanced hereunder from time to time said
principle to repayable as follows:
a. The term of this note is for 15 years ending on June
30, 2004.
b. This obligation shall bear no interest.
c. Maker shall pay to the payee in accordance with the
following schedule:
$65,000.00 payable on or before July 31, 1989
$25,000.00 payable on or before June 30, 1990
$25,000.00 payable on or before June 30, 1991
$25,000.00 payable on or before June 30, 1992
$25,000.00 payable on or before June 30, 1993
$25,000.00 payable on or before June 30, 1994
$:'30,000.00 payable on or before June JO, 2004
This note shall be repayable in whole or in part without
penalty at any time.
If default be made in the payment of any of the sums
mentioned herein or in the performance of any of the agreements
contained herein then the entire principal sum shall at the
option of the holder hereof become at once due and collectible
without notice, time being of the essence; said principal sum
shall bear interest from such time until paid at the highest
rate allowable under the laws of the State of Florida. Failure
to exercise this option shall not constitute a waiver of the
right to exercise the same in the event of any subsequent
default.
Each person liable hereon whether maker or endorser,
hereby waives presentment, protest, notice, notice of protest
and notice of dishonor and agrees to pay all costs, inCluding a
reasonable attorney's fees, whether suit be brought or not, if,
after maturity of this note or default hereunder, counsel shall
be employed to collect this note. This note is secured by
mortgage of even date between the parties hereto upon real
property in Florida, the terms and conditions of which are
expressly made a part hereof. Default in the payment of any
installment due hereunder or in the performance of any of the
covenants or conditions contained in said mortgage' shall
entitle the holder hereof, at its option to declare the whole
of the principal af this note immediately due and payable.
In the event af default, Payee shall have recaurse
against the assets af Maker. The liability of individual
partners af the Maker is limited to the extent of the guarantee
that t.he Partners/Guarantars made to the City af Delray Beach
by execution af a Guaranty dated June 29, 1989.
Whenever used herein the
"payee" shall be canst rued in
context may require ar admit.
terms "halder", "maker" ,
the singular or plural as
and
t.he
WITNESSES
AUBURN TRACE., LTD, a Florida
Limited Partnership
By:
Jay Feiner for Auburn Trace
Joint Venture, a Flarida
General Partnership
2
MORTGAGE AND SECURITY AGREEMENT
This Mortgage Indenture executed this day of
June, 1989 by Auburn Trace, Ltd., a Florida Limited Partner- 0~-c.....
ship, hereinafter called the Mortgagor, which term as used in
every instance shall include the Mortgagor's heirs, executors,
administrators, successors, legal representatives, and assigns
either voluntarily by act of the parties or involuntarily by
operation of law and shall denote the singular and/or plural
and the masculine and/or feminine and neutral and/or artificial
persons. whenever and wherever the context so requires or
admits, parties of the first part and the City of Delray Beach,
a Florida municipal corporation hereinafter called the
Mortgagee which term as used in every instance that shall
include the Mortgagee's successors, legal representatives and
assigns, party of the second part.
WIT N E SSE T H:
That for divers good and valuable considerations and
to secure the payment of the aggregate sum of money named in
the promissory notes hereinafter mentioned, together with
interest thereon and all other sums of money secured hereby is
hereinafter provided, the Mortgagor does grant, bargain, sell,
alien, remise, release, convey and confirm the Mortgagee, in
fee simple, t,he following described real estate of which the
Mortgagor is now seized and possessed, and in actual posses-
sion, to wit
'rhat part of the Subdivision of Section 20,
Township 45 South, Range 43 East, Palm Beach County,
Florida, according to the plat recorded in Plat Book
1, Page 4 of tbe Public Records of Palm Beach County,
Florida, described as follows:
The West half of Lot 25, less the North 25 feet
thereof; the East half of Lot 25, less the North 25
feet thereof, less the east 25 feet tbereof, less the
South 10 feet thereof and"less the North 310.20 feet
of the South 320.20 feet (as measured parallel with
the East line of said Lot 25) of the West 295.20 feet
of the East 320.20 feet (as measured parallel witb
the South line of Said Lot 25); the South 10 feet of
the West 25 feet of the East half of Lot 25; the West
25 feet of the East half of Lot 26; the West half of
Lot 26; and tbe East half of Lot 18.
Said lands being in Palm Beach County, Florida.
Final maturity date of the obligation secured by this mortgage
is June 28, 2004.
Together with all structures and improvements now and
hereafter on said land and the fixtures attached thereto, also
together with all and singular the tenements, hereditaments,
easements and appurtenances thereunto belonging, or in any wise
appertaining, and the rents, issues, and profits thereOf and
also all of the estate, right, title, interest, and all claims
and demands whatsoever as well in law as in equity of said
mortgage of in and to the same and every part and parcel
thereof, and also all the gas and electric fixtures, radiators,
heaters, air conditioning equipment, machinery, boilers,
ranges, elevators and motors, bathtubs, sinks, water closets,
water basins, pipes, faucets and other plumbing and heating
fixtures, mantels, refrigerating plants and iceboxes, window
screens, screen doors, venetian blinds, storm shutters and
awnings, ovens, dishwashers, fences, swimming pool equipment,
water pumps, filters, sprinkler system equipments, screen
'.'
enclosures and any and all other fixtures or equipment which
are now or may hereafter pertain to or be used with in or on
said premises even though they may be detached or detachable
which shall be deemed to be fixtures and accessions to the
freehold and a part of the mortgaged property together with all
carpeting; all of Mortgagor's furniture, furnishings and
replacements thereof now or hereafter located thereon are used
to or for upon said real estate.
To have and to hold the above described property
under the mortgagee, its successors and assigns forever.
The Mortgagor hereby covenants with and warrants to
the Mortgagee that the Mortgagor is indefeasibly seiz.ed witb
the absolute and fee simple title to the property and has full
power and lawful authority to sell, convey transfer and mort-
gage the same, that it shall be lawful at any time hereafter
for the Mortgagee to peaceably and quietly enter upon, have,
hold and enjoy said property in every part thereof; that said
property is free and charged from all liens, encumbrances and
claims of any kind, including taxes and assessments, with the
exception of a mortgage securing an indebtedness to South Bank,
N.A. in the amount of 5.6 million dollars and that the
Mortgagor hereby fully warrants unto the Mortgagee the title to
said property and will defend the same against the lawful
claims and demands of all persons whomsoever.
NOW, THEREFORE, the condition of this mortgage is
that if Mortgagor shall pay unto the Mortgagee the original
indebtedness secured hereby the original principal amount of
Seven Hundred Twenty Thousand Dollars ($720,000.00) as evi-
denced by three promissory notes on file with the Mortgagee,
together with any and all sums advanced to protect the security
of this mortgage, together with any and all future advances as
are made hereunder with interest thereon and if the Mortgagor
shall perform, comply with and abide by each and every of the
stipulations, agreements, conditions and covenants contained
and set forth in this mortgage and the promissory notes secured
hereby, then this mortgage shall be null and void, otberwise to
remain in full force and effect.
And the Mortgagor does hereby covenant and agree:,
1. To perform, comply with, and abide by each and
every stipulation agreement, condition, and covenant contained
and set forth in said promissory notes and this Mortgage Deed.
2. To permit, conunit or suffer no waste and to
maintain the improvements at all times in a state of good
repair and condition and to do or permit to be done to said
premises nothing that will in any way impair or weaken tbe
security of this mortgage and upon the demand of the Mortgagee
to furnish the Mortgagee with an inspection certificate certi-
fying the Mortgagee's premises be free from termites, to do or
permit to be done nothing that will change the use or character
of the property.
3. To pay all and singular the taxes, assessments,
levies, liabilities and obligations of every nature on said
described property each and every when due and payable
according to law and to deliver to the Mortgagee on or before
January 1 of each year receipts evidencing the payment of all
lawfully imposed taxes for the preceding calendar year to
indemnify the Mortgagee upon its demands for all taxes, assess-
ments and charges that may be assessed upon this mortgage or
t.he indebtedness secured hereby, and paid by the Mortgagee,
without regard to any law heretofore enacted or hereinafter
enacted imposing payment of the whole or part thereof upon the
Mortgagee.
2
.
4. To keep the improvements now existing or here-
after erected on a mortgage property and equipment and person-
ally covered by this mortgage insured as may be required from
time to time by the Mortgagee against the loss by fire, ex-
tended coverage and such other hazards, causalities and contin-
gencies, including abatement of rental income as may be re-
quired by the Mortgagee to pay promptly when due all premiums
for such insurance. All insurance shall be in the form and
wit.h violations co-insurance provisions and amounts satis-
factory to an insurance companies approved by the Mortgagee and
all pOlicies and removals thereof shall be held by the
Mortgagee and shall have attached thereto payable clauses in
favor of and form acceptable to the Mortgagee. Each policy
shall have affixed thereto a clause, making all loss or losses
under such pOlicy payable to the Mortgagee as its interest may
appear. In the event of loss each insurance company concerned
is hereby authorized and directed to make payment for such loss
directly to Mortgagee instead of the Mortgagor and Mortgagee
jointly and the insurance proceeds or any part thereof may be
applied by the Mortgagee at its option to the reduction of the
indebtedness hereby secured or to the restoration or repair of
the property damage or the Mortgagee may permit the Mortgagor
to receive and use the proceeds without thereby waiving or
impairing any equity or right under and by virtue of the
mortgage. In the event of loss or physical damage to the mort-
gaged property, the Mortgagor shall give immediate notice by
mail certified return receipt requested to the Mortgagee and
the Mort,gagee may make proof of loss if not made promptly by
the Mortgagor. In the event of foreclosure of this mortgage or
other transferred title to the mortgaged property and/or
extinguishment of the indebtedness secured hereby, all right,
title, and interest of the Mortgagor in and in. any insurance
policies then in force shall pass onto the! purchaser or
grantee. In the event of abandonment of the mortgaged property
by the Mortgagor, all right, title, and interest of the
Mortgagor in and in any insurance policies in force shall pass
to the Mortgagee. The Mortgagor further agrees that in the
event any checks or draft representing insurance loss proceeds
is made payable to the Mortgagor and Mortgagee, the Mortgagee
shall have the right and is hereby empowered to endorse the
Mortgagor's name upon the check for credit to the account
and/or reimbursement of the Mortgagee for the sums expended.
It is distinctly understood and agreed that the Mortgagee shall
have the right to adopt the rules and regulations with refer-
ence to the placement renewal, etc. of hazard insurance and to
amend such Rules and Regulations from time to time. The
Mortgagor, grantees and assigns shall be bound by such rules
and regulations of the Mortgagee as they may exist from time to
time.
5. To pay all and singular the cost charges ex-
penses, including attorney's fees and title search cost reason-
ably incurred or paid at any time by the Mortgagee because of
the failure of the Mortgagor to perform, comply with and abide
by each and every stipUlations, agreements, stipulations,
condi tions and covenants of the notes secured hereby and of
this mortgage or either, or by reason of any false covenant,
warrant, representation of the Mortgagor, included but not
limited to collection or other legal work prior to the start of
all foreclosure and other legal proceedings and all appellate
proceedings. In addition to save the Mortgagee harmless from
all cost and expense, including reasonable attorney's fees and
the cost of title search continuation of abstract and prepara-
tion of survey incurred by reason of any action, suit, pro-
ceeding, hearing, motion or application before any court or
administrative body in and to which the Mortgagee may be or
become a party by reason of the mortgage, included but not
limited to condemnation, bankruptcy, probate and administrative
proceedings, as well as any of the foregoing whereupon proof of
claim by law or in which it becomes necessary to defend or
uphold the terms of this mortgage and all money part or
3
-
expended by the Mortgagee in that regard together witb all
interest thereon date of such payment and to the default
interest rate provided in the note, and shall be so much
additional indebtedness secured hereby shall immediately and
without notice be due and payable by the Mortgagor.
6. That the Mortgagor fails or refuses to thus
repair and/or secure part of the premises or to deliver such
insurance polices premiums paid as herein provided or to pay
and discharge any taxes, assessments, liens, Charges or other
costs herein agreed to be paid and discharged, the Mortgagee
may at its option make such repairs, procure such insurance or
pay and discharge such taxes, assessments, lien, charges or
other costs and that it shall not be Obligatory on the
Mortgagee to inquire into the necessity or validity of such
repairs, tax assessments, liens, charges or other costs, that
nothing herein contained shall be construed as requiring the
Mortgagee to advance any monies for any of the purposes afore-
said that the exercise by the Mortgagee or its option to
advance money for such purposes shall in no wise waive or
effect its right of foreclosure or any other right or remedy
hereunder that all monies thus paid shall draw interest at the
default rate provided in the note together with all reasonable
attorney I s fees, charges, abstract fees, expenses foreclosure
or other proceedings shall be repaid by the Mortgagee on demand
and shall become additional indebtedness hereby secured.
7 . I t is further covenanted and agreed by said
parties in the event of suit being filed to foreclose this
mortgage, the Mortgagee shall be entitled to apply at any time
pending such foreclosure suit to the court having jurisdiction
thereof for the appointment of a receiver of all and singular
the mortgaged property and all rents, income, p,tofits, issues
or revenues thereof from whatsoever source derived and there-
upon it is expressly covenanted and agreed that the courts
shall fortbwith appoint such receiver with legal powers and
duties of receivers in like cases; and said appointment shall
be made by the court in a manner of strict right to Mortgagee
and without any reference to the adequacy or inadequacy of the
value of the property hereby mortgaged or to the SOlvency or
insolvency of the Mortgagors or any other party defendant to
such suit. The Mortgagor hereby specifically waives the right
to object to the appointment of a receiver as aforesaid and
hereby expreSSly covenants that such appointment shall be made
as admitted equity and the matter of absolute right in
Mortgagee and that the same may be done without notice the
Mortgagor. The receiver may be an employee of the Mortgagee.
8. If any of the sums of money herein referred to
be not promptly and fUlly paid within thirty (30) days next
after the same severally come due and payable or if each and
every stipUlations, agreements, conditions and covenants of
said promissory note and this Mortgagee or either, or not dUly
performed complied with and aided by the aggregate sum men-
tioned in said promissory notes otherwise secured hereby shall
become due and payable forthwith or thereafter at the option of
the Mortgagee as fully and completely as if said aggregate sum
of money was originally stipUlated to be paid on such day
anything in such promissory note or herein to the contrary
notwithstanding.
9. In consideration of tbe premises as well as in
consideration of the possible minimization of any deficiency
judgment or decree which might be assessed against the Mort-
gagor, the Mortgagor agrees that in the event of default
hereunder, and the vacating of the mortgaged property, the
Mortgagee shall have the right, at its option, to enter upon
the mortgaged premises and to do all things deemed necessary by
the Mortgagee to protect and safeguard its security, inCluding,
at Mortgagee I s option the right to forthwitb (prior to the
foreclosure or acquisition of title by the Mortgagee) repair
4
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and/or restore and/or renovate and/or repossess the premises.
All costs expended by the Mortgagee pursuant to the foregoing
shall be due and payable forthwith and shall be secured by this
mortgage.
10. That the abstract or abstracts of title covering
the mortgaged property shall, during the life of the Mortgagee,
remain in the possession of Mortgagee and in the event of the
foreclosure of this mortgage or other transfer of title to the
mortgaged property and an extinguishment of the indebtedness
secured hereby all right, title, and interest of the Mortgagor
in and to any such abstracts of title shall pass to the pur-
chaser or grantee.
11. That time is of the essence in this contract and
failure of the Mortgagee to exercise and enforce any right or
option accorded it by this contract or by the notes secured
hereby at any time shall not constitute waiver of its right to
do so at any other time.
12. That in order to accelerate the maturity of the
indebtedness hereby secured because of failure of the Mortgagor
to pay any tax assessment, liability, obligation or encumbrance
upon said property as it is herein provided, it shall not be
necessary nor a requisite that the Mortgagee shall first pay
the same.
13. To the extent of the indebtedness of the
Mortgagor to the Mortgagee described herein or secured hereby,
the Mortgagee is hereby subrogated to the lien or liens and to
the rights of the owners and holders thereof (including the
Mortgagee if its own mortgage is refinanced) of each and every
mortgage, lien or other encumbrances on the ,land described
herein which is paid and/or satisfied in whole ,lor in part out
of the proceeds of the loan described herein as secured hereby
in the respective liens and of said mortgage, liens of other
encumbrances shall be and the same each of them hereby is
preserved and shall pass to and be held by the Mortgagee herein
as security for the indebtedness of the Mortgagee herein
described or hereby secured to the same extent that it would
have been preserved and would have been passed to and been held
by the Mortgagee had it been duly or regularly assigned trans-
fer set forth and delivered under the Mortgagee by separate
deed and assignment notwithstanding the fact that the same may
be satisfied and cancelled of record. Acquisition of title to
the mortgaged property by the Mortgagee shall not operate to
merge the mortgage, but to the contrary, this mortgage shall
not be deemed merged into said title and shall be presumed to
be and remain and full force and effect until satisfied by
formal instrument of satisfaction.
14. That in the event the premises hereby mortgaged
or any part thereof shall be condemned and taken for public use
under the power of eminent domain, the Mortgagee shall have the
right to demand tbat all damages awarded for the taking of
damages for said premises shall be paid to the Mortgagee, its
successors or assigns up to the amount tben unpaid on this
mortgage and be applied to the payment of payments last payable
herein. In the event it becomes necessary for the Mortgagee to
employ counsel to protect its interest in any proceedings the
Mortgagor shall reimburse the Mortgagee for all reasonable
attorney's fees thus incurred and all such sums shall be deemed
secured by the lien on this mortgage.
15. No extension of time, or modification of the
terms for payments recited in the mortgage note hereby secured,
nor any release of any part or parts of mortgaged property even
though made without the consent of the Mortgagee, shall re-
lease, relieve, or diSCharge the Mortgagor of the payment of
any of the sums hereby secured but in any such event, the
Mortgagor shall nevertheless be able to pay such sums according
5
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to the terms of such extension of modification unless expressly
released and discharged in writing by the Mortgagee. The
Mortgagor covenants that in the event the ownership of said
property or any part thereof vested in a person other than the
Mortgagor, the Mortgagee may similarly deal with such successor
or successors in interest without discharging or in any way
affecting the liability of the Mortgagor hereunder upon the
debt hereby secured.
16. If all or any part of the property or any
interest thereon sold or transferred by the Mortgagor without
the Mortgagee's prior consent excluding, a) the creation of a
purchase money security interest for household appliances, b)
the grant of any leasehold interest of three (3) years or less
not containing an option to purchase, Mortgagee may at
Mortgagee's option declare all sums secured by this mortgage to
be immediately due and payable. The entire principal balance
of the note shall become immediately due and payable upon the
( 1) bankruptcy or reorganization of the Mortgagor under the
Bankruptcy Code or the Internal Revenue Code of 1954" as
amended, (2) dissolution or liquidation of the Mortgagor, (3)
syndication of the Mortgagor (except for an initial syndication
by Boston Capital Partners, Inc., (4) Change in ownership of
the Mortgagor interest or transfer of 50% or more of the
corporate stock or controlling interest in the Mortgagor, or
(5) refinance, sale, partial sale, exchange, transfer, sale
under foreclosure, or any other disposition of the property,
improvements or capital equipment situated thereon. Except a
one time right to refinance the outstanding balance of the
first mortgage shall not cause the acceleration of tbe note
loan under this paragraph. If Mortgagee exercises such option
to accelerate, Mortgagee shall mail Mortgagor notice of the
acceleration. Such notice shall provide a period of not less
than thirty (30) days from the date notice is' mailed within
which Mortgagor may pay the sums declared due. If Mortgagor
fails to pay such sums prior to the expiration of such period,
Mortgagee may without further notice or demand on the Mortgagor
exercise any remedies permitted by Paragraph 19 hereof. In
connection with the sale or transfer where Mortgagee elects not
to accelerate whether Mortgagee had elect to enforce this
Paragraph 16 or not, Mortgagee shall have the right to charge a
reasonable transfer fee plus sums necessary to reimburse the
Mortgagee for expenses incurred or payable, inclUding but not
limited to reasonable attorneys' fees, abstracting title
charges, state documentary stamps, and intangible tax. Said
sums shall be due and payable upon Closing of such sale or
transfer and shall be secured by the lien of the mortgage. Any
waiver of the Mortgagee as to the rights to accelerate provided
or other non-enforcement of this paragraph shall not be a
waiver or a preclude of the exercise of Mortgagee's right to
accelerate all or any of the part of the property subsequently
sold or transferred, the Mortgagee or Mortgagee's successors
and title without Mortgagee's prior written consent.
17. As addi tional security, the Mortgagor does
hereby transfer, assign and set over to said Mortgagee its
successors and assigns any and all rents now due to become due
on the above described premises or any separate rental premise
appurtenant thereto which would situate on the land above-
described such rents to be collected by or at the direction of
the Mortgagee, its successors or assi.gns and the net proceeds
thereof to be applied to the indebtedness herein before se-
cured, as and when same shall become due and payable, and for
the purpose of carrying out the provision of the Mortgagor does
by these presents, constitute and appoint said Mortgagee or the
successor or assigns of said Mortgagee as his/her or their true
lawful attorney in fact, to collect any and all rents for said
above-described premises expressly authorizing the Mortgagee or
its successors or assigns to receive tenants therefore and does
by these presents ratify and confirm any and all, actions of
attorney in fact in relation to the foregoing power. The
6
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foregoing assignment of money shall not be deemed waived by
mere forbearance on the part of the Mortgagee in respect to its
right to collect said rentals which right of collection may be
invoked by the Mortgagee at any time. Nothing herein shall be
construed to constitute the Mortgagee a Mortgagee in posses-
sion.
18. The Mortgagor shall maintain accurate books of
account and records adequate to reflect directly the results of
the operation of the mortgaged property and upon the request of
the Mortgagee, the Mortgagor shall furnish Mortgagee a certi-
fied statement of income and expenses of the encumbered
property.
19. That the rights and remedies herein provided are
cumulative and the Mortgagee is the holder of the note and of
every other obligation secured hereby may recover jUdgment
thereon, issue execution therefor and resort to every other
right or remedy available at law or in equity without first
exhausting and without affecting or impairing the security of
any right or remedy afforded hereby and no enumeration of
special rights or powers by any provision hereof shall be
construed to limit any grant of general rights or powers or to
take away or limit any and all rights granted to or vested in
Mortgagee by virtue of the laws of the jurisdiction in, the
subject premises located. Pursuant hereto, the Mortgagee shall
have the right to foreclose this mortgage for installments in
arrears without acceleration of the entire mortgage and note,
or b) to sue upon the mortgage or note or any installments
thereof in default; and such action or actions by the
Mortgagee's shall not waive the Mortgagee security or its right
to accelerate and foreclose at a future time.
20. The terms and promissory note and mortgage note
used herein shall denote both singular and plural and shall
mean all notes secured by this mortgage.
21. The filing of an arrangement or proceeding in
bankruptcy by or against Mortgagor, initiation of insolvency
proceedings by or against Mortgagor, or assignment by Mortgagor
for the benefit of Mortgagor's creditors shall constitute a
default hereunder enabling Mortgagee to accelerate the mortgage
indebtedness at its option.
22. The Mortgagee without notice and without regard
to the consideration if any paid thereof and notwithstanding
the existence at the time of any inferior deeds of trust or any
of the liens thereon may release any part of the security
described herein and release any person liable for any indebt-
edness secured hereby without any way affecting the priority of
this mortgage to the full extent a debt is remaining unpaid
hereunder upon any part of the security unexpressly released.
Mortgagee may also agree with any party obligated on said
indebtedness or having any interest or security des=ibed in
here to extend the time for payment in any part of the indebt-
edness or all the indebtedness secured hereby, by and to modify
any other provision hereof, or of the notes secured hereby, and
such agreement shall not, in any way, release or impair the
mortgage, but shall be binding as against the title to all
parties having any interest in said security, which interest is
subject to this mortgage.
23. The parties hereby acknowledge that in addition
to constituting a real estate mortgage upon the real estate
fixtures this indenture also constitutes a Security Agreement
and financing a statement with respect to said fixtures and all
chattels covered hereby, together with all proceeds thereof, in
accordance with the uniform commercial code in Mortgagee's
address; Auburn Trace Joint Venture, 4723 W. Atlantic Avenue,
#9, Delray Beach, Florida 33444.
7
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24. No improvements or capital equipment situated on
the property shall be removed, demolished or materially
altered, without prior wr-itten consent of Mortgagee, except
that Mortgagor shall have the right, without such consent, to
remove and dispose of, free from any lien of Mortgagee, such
equipment as from time to time may become worn out or obsolete,
provided that simu1taneously with or prior to such removal any
such equipment shall be replaced with other equi~nent of value
at least equal to that of the replaced equipment and free from
any title retention or other encumbrance, and by such removal
and replacement Mortgagor shall be deemed to have subjected
such equipment to the lien of Mortgagee.
25. It is the intent of the parties that in no event
shall the mortgagee or be required to pay any sums upon this
mortgage or note secured by way of interest or otherwise which
would constitute a violation of the usury laws of the State of
Florida. Accordingly to the extent that such violation may
occur any and all such payments may be in the same are excused
and forgiven.
26. All remedies of the Mortgagee are distinct and
cumulative to any other right or remedy under this mortgage or
afforded by law, or equity, and may be exercised concurrently
or independently or successively. The Mortgagor I s covenants
are joint several.
27. If Mortgagor is in default of any provision of,
or obligation pursuant to another mortgage, lien, encumbrance
or claim of any kind whatsoever against the property, such
default shall constitute a default under this mortgage deed,
causing the entire principal balance plus accrUed and unpaid
interest of the note to become due and payable immediately and
SUbjecting Mort,gagor to the exercise by Mortgagee of any and
all rights and remedies set forth in Paragraph 19.
28. That if any of the clauses or provisions herein
contained operate or would prospectively operate to invalidate
the mortgage in whole or in part then such clause and provision
only shall be held for naught, as though not herein contained,
and the remainder of this mortgage deed shall remain in full
force and effect.
29. The terms and conditions of the UDAG Loan
Agreement between the Mortgagor and Mortgagee executed on June
28, 1989 is expreSSly incorporated herein and made a part
hereof and to the extent any such terms and conditions conflict
with provisions of this Mortgage Deed, such terms and condi-
tions as found in the UDAG Loan Agreement shall be controlling
as between the parties, their successors and assigns.
30. In the event of default, the Mortgagee shall
have recourse solely against the assets of Mortgagor. The
liability of individual partners of Mortgagor are limited to
the extent of the guarantee that the Partners/Guarantors made
to the City of Delray Beach by execution of that certain
Guaranty dated June 29, 1989.
IN WITNESS WHEREOF, the said Mortgagor hereunder sets
their hand this day and year first above written. The said
11ortgagor has causes these presents to be signed by
WITNESSES
AUBURN TRACE, LTO, a Florida
Limited Partnership
By:
Jay FeIner for Auburn Trace
Joint Venture, a Florida
General Partnership
8
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DRAFT -6/27/89
~
1 UDAG AGREEMENT
2 THIS AGREEMENT, made this 29th day of June, 1989 by and
3 between the CITY OF DELRAY BEACH, a municipal corporation of the
4 State of Florida (the "City") and AUBURN TRACE LIMITED, a Florida
5 limited partnership ("Developer").
6 RECITALS
7 WHEREAS, the City is the recipient of an Urban Development
8 Action Grant ("UDAG") IB-88-AA-12-0099{Pl from the United States
9 Department of Housing and Urban Development ("RUD"l,pursuant to a
10 ODAG Grant Agreement dated February 4, 1988, together with all
11 amendments and modifioation thereto ("UDAG Agreement"), a copy of
12 which is appended hereto and marked as Exhibit A and incorporated'
13 herein by reference in the amount of Three Million Eight Hundred
14 Forty Thousand Dollars ($3,840,000), and the City has agreed to
15 lend such UDAG funds to Developer upon the terms and conditions
16 set forth herein ("UDAG Loan"); and
17 WHEREAS, the Developer has acquired an approximately 36- acr!
18 tract of~nd located in the City of Delray, State of Florida,
19 located 1n the Southwest quarter of the intersection of 4tn Stree
20 and SW 8th Avenue within the City's UDAG-designated "Pocket of
21 Poverty" (the "Project Site"), to be used for the~n-site and .
22 Off-site improvements, construction of 256 units f rental housin
23 (64 one-bedroom units; 140 two-bedroom units and 2 three-bedroom
24 units) (the acquisition of the Project Site and the undertaking 0
25 the above-described activities thereon are referred to herein as
26 the "PrOject Elements"; and
27 WHEREAS, the Developer and the City shall provide additional
28 financing for the acquisition and construction ot the Project
29 Elements; and
30 WHEREAS, the parties hereto acknowledge that the UDAG
31 Agreement, among other things, requires the City to enter into a
32 separate written agreement with the Developer, .etting forth the
33 obligations of the Developer and the City with reference to the
34 development of the Projeot Elements and the terms and conditions
35 upon which the City will disburse the UDAG Loan.
36 NOW, THEREFORE, for and in consideration of the sum of Ten
37 Dollars ($10.00) and other good and valuable consideration, the
38 receipt and sufficiency of which is hereby acknowledged, and the
39 mutual obligations of the 'parties as hereinabove set forth, the
40 parties hereto agree as follows:
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DRAFT - 6/27/89'
41
I.
Recitals. The Recitals form a part of this Agreement.
42 II. Develooer's Obliaations. The Developer hereby agrees to
43 undertake and complete the following activities, subject to its I
44 receipt of the UDAG Loan;
45
46
47
48
49
50
51
52
53
54
(a) acquire the Project Site and complete the Project
Elements thereon, at a total development oost of not less
than $14,442,700. Of such amount, not less than $5,600,000
shall be borrowed from Lender, not less than $3,314,700 shal
be an equity contribution, not more than $3,840,000 shall be
UDAG funds borrowed from the City, not less than $720,000
shall be purchase money mortgage financing provided by the
City, and not less than $968,000 shall be other funds
provided by the City (Which includes a loan of not less than
$768,000 and a grant of not less than $200,000),
55 (b) borrow from Lender not less than $5,600,000 for
56 financing the development of the Project Elements,
(c) invest not less than $3,314,700 of cash equity
funds in connection with the development of the Projeot
Ele~t6;
.
(d) borrow from the City not more than $3,840,000 of
UDAG funds (the "UDAG Loan") and not less tha? $768,000 of
other City funds for the financing of the pr9ject Elementsl
(e) . receive a grant from the City in the Amount of not
less than $200,000 for use in connection with the developmen
of the Project Elements,
(f) purchase the Project Site from the City for not
less than $730,000, of which at least $10,000 shall be paid
in cAsh and the remainder of whiCh shall be in the form of
purchase money mortgAge financing;
(g) execute A Guaranty of Completion pursuant to which:
Developer shall, through the completion of construction in I
accordance with the schedule set forth in subparagraph (h)/ I
immediately below, irrevocably and unconditionally guaranteer
the repayment of the UDAG Loan and the completion of the
Project Elements;
(h) acquire the Project Site no later than June 30,
1989, commence construction of the Project Elements no later
than June 30, 1989, and complete construction of the Project
Elements no later than December 31, 1990.
80 III. City's Obliaations. The City hereby agrees to
81 undertake and complete the following activitiee, subject to its
82 receipt of UDAG funds from BUD;
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DRAFT - 6/27/89
83 (a) make a loan of not more than $3,840,000 in UDAG
84 funds to Developer for construction and permanent financing
85 of the development of the Project Elements.
86 (bl loan to Developer not less than $768,000 of City
87 funds for use in connection with the development of the
88 Project Elements.
89 (c) grant City funds in the amount of not less than
90 $200,000 to the Developer for use in connection with the
9l. Oevelopment of the Project Elements.
92 (d) sell the Project Site to the Developer for not less
93 than $730,000, of which at least $10,000 shall be paid in
94 cash and the remainder of which will be in the form of
95 purchase money mortgage financing.
96 IV. Construction and Permanent Financina.
(a) Developer has closed or will close financing
transactions in connection with the UDAG Loan, the above-deBcribe~
financinq-trom Lender and the above-described financing from the
City and will use the proceeds thereof for development of the
Project Elements. .
(b) The Developer shall borrow the UDA'Loan funds fro~
the City for ~onstruction and permanent financing of the projeot '
Elements under the following termSl .
(1) Construction Loan. The principal amount'
of the UDAG Loan shall be not more than $3,840,000. No / .
interest shall be due on the UDAG Loan during the
construction phase. The term of the construction phase of .
the loan shall commence with the initial disbursement of UDAG
Loan funds from the City to the Developer and shall be for a'
period to end upon the completion of construction of the
Project Elements ("COmpletion of Construction"), but in.no
event later than December 31, 1990.
Disbursement of the ODAG Loan shall be in accordance with th.
followingl
(A) UDAG Loan disbursements shall be
based on requisitions submitted by the Developer,
verified by the City and certified by the project '
architect, or other oertifying official as shall be !
acoeptab1e to the City. All submissions by contractors!
shall be on AlA forms 702 and 703 or their equivalent. :
(S) No disbursement of the UDAG Loan
Funds shall b~ made. until the Developer has first
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DRAFT - 6/27/89
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(C) The disbursement of the UDAG Loan
shall be based on a ratio of One Dollar ($1.00) of UDAG
Loan funds for every Two Dollars and Twenty-Six Cents
($2.26) of countable private funds (inClUding Developer
equity funds described in subparagraph (b) immediately
above), such "countable private funds" determined in
accordance with the provisions of the UDAG Agreement.
(D) Prior to disbursement, Developer
shall provide an ALTA policy for mortgage title .
insurance, in the full amount of the UDAG Loan, insuring
that the City will be the holder of a second lien on th~
Project Site, free of encumbrances and other exceptionsj
to title except for those approved in advance by the I
City, and not subordinated to any interest except the I
first lien of the Lender in an amount not to exceed .
$5,600,000 plus further advances by the Lender which ar
invested in the Project Elements and are required for
the completion thereof. The UDAG Loan shall be in a
oari oassu second lien position with the liens created
for by the mortgages from the Developer to the City
securing the loans described in Paragraphs III(b) and
----r II (d) above.
(E) Prior to diSbursement, Developer
shall provide a builder's risk and fire ~nsuranoe pOlio.
or policies duly endorsed to indicate tHe City as an
ins~red mortgagee.
(F) Prior to disbursement, all of the
evidentiary materials required by Exhibit E Of the UDAG
Grant Agreement shall have been submitted to and
approved by HUD and BUD shall have authorized the City
to draw down such funds from its Letter of Credit, in
accordance with the draw down provisions set forth
herein.
(2) Permanent Loan.
(A) ~. The term of the permanent
loan shall be fifteen (15l years from the date of
Completion of Construction, but in no event later from
a date later than than December 31, 1990.
(8) Principal. The principal amount of
the UDAG permanent loan shall be the amount disbursed
under the UDAG construction loan.
(e) Interest. The interest rate shall
be 3% per annum.
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DRAFT - 6/27/89'
(D) Repavment. During years one
through five, principal payments shall be deferred and
interest shall be accrued and deferred at the rate of
3%, compounded annually; such accrued and deferred
interest shall be due and payable in a single pafment
at the end of the IS-year loan term. Beginning 1n year
6, repayment of principal and interest shall be made in.
equal monthly installments in accordance with a 25-year
amortization schedule. A balloon payment sufficient to
pay the entire outstanding indebtedness of principal,
interest and accrued interest shall be made at maturity
of the UDAG Permanent Loan.
(El Additional Interest. In addition,
the City will receive, as contingent interest, after a
12% preferred return to Developer on Developer's equity
contribution for the development of the the Project
Elements (on a non-cumulative basis), an annual payment:
equal to forty per cent (40'l of the Net Annual Cash
Flow of the operations of the housing project developed
by the Developer pursuant to the terms Of this
Agreement (the "Project"l. Such payments shall be due
'" wi thin ninety (90) days of the end of eaoh operating
'year of the Project. "Net Annual Cash Flow" meanll all
operating income and receipts of the Project less debt
service on the first mortgage loan fromrender and the ;
UDAG Loan, real estate taxes, debt serv ce on the loans
of City funds to the Developer desoribe in Paragraphs
III(bl and III (d) hereof and reasonable operating
expenses of the Project (including a management fee not
to exceed 5' of gross operating income) allowable for
Federal income tax purposes, excluding reserves for
capital im~rovements, depreciation and other non-cash
items but 1ncluding reserves which are required by the
Lender.
(F) Sale, Refinance or Transfer. Upon
the bankruptcy, reorganization, syndication (except
initial syndication pursuant to which the initial
equity funds for the development of the Project
Elements as described herein are antioipated to be
raised), dissolution or liquidation of the Developer,
change or transfer of more than 50% of the ownership or
control of the Developer (subsequent to the initial
syndication of the Developer) or the general partner of
the Developer or upon the sale, partial sale,
refinancing (except for permanent finanCing which may
be obtained to take out the construction financing fro~
Lender and except for a one-time right thereafter to .
refinance the outstanding balance of the first mortgage
loan), exchange, transfer, sale under foreclosure or
other disposition of the Project Site or the
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DRAFT - 6/27/89
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improvements or capital equipment thereon during the
term of the UDAG Loan ("sale"l, the entire balance of
the principal of the UDAG Loan and all accrued, unpaid
interest shall become immediately due and payable to
the City. In addition, the City shall receive twenty-
five per cent (25\) of the Net Proceeds of sale or
disposition in whole or in part of the Project or from
any syndication (except the initial syndication of up
to $5,800,000l or refinancing, except refinancing
allowed pursuant to a call and/or takeout provision in
the first mortgage and except for a one-time right
thereafter to refinance the outstanding balance of the
first mortgage loan. "Net Proceeds" shall be defined
as all proceeds received less repayment of the first
mortgage loan, repayment of the loans from the City
described in Paragraphs III (b) and III (d) of this
Agreement, repayment of the UDAG Loan, the Developer's
documented reasonable costs of sale or refinancing and
repayment of Developer's documented cash equity funds
invested in the Project.
(G) Develooer Limitations.
(i) Auburn Trace Joint Venture. (the
general partner of the Developer), its partners, and
any affiliates thereof (including indiv.~uals,
partnerships and corporations) shall no receive, on
an aggregate basis, more than five per ent (5') of
each of the fOllowing with respect to the Project: (1)
Net Annual Cash Flow, (2) Net Proceeds, and (3) low-
income housing tax credits and other tax benefits. In
consideration of such limitation, partners and
affiliates of the generAl partner of the Developer
shall not be prohibited from earning reasonable profit
and overhead in connection with actual, reasonable and
necessary services performed in connection with the
development of the Project Elements; provided,
however, that the development fee in connection with
the development of the Project Elements shall be
governed by the provisions of subparagraph (ii)
immediately below.
(iil The Developer shall receive
lOt, and the City shall receive 90t, of any Excess
Syndication Proceeds raised in connection with the
PrOject. "Excess Syndication Proceeds" shall mean all,
net syndication proceeds (WhiCh includes all
syndication proceeds received less arm's length,
third-party costs of syndication including but not
limited to legal, accounting, closing, printing,
syndication brokerage and marketingl received or
committed to be paid to the general partner of the
268
269
270
271
72
73
74
75
76
77
78
79
80
81
82
283
284
285
286
287
288
~89
290
291
~92
?93
294
295
296
~97
298
299
300
301
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03
04
05
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08
09
j10
311
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15
16
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I
DRAFT - 6/27/89.
Developer that results in a surplus of receipts not
required to complete the Project Elements that is in
e~cess of $4,402,700 (which includes a development fee
of $l,088,000 and $3,314,700 of other costs in
connection with the development of the Project
Elements). The City's portion of any Excess
Syndication Proceeds shall be held in escrow until
Completion of Construction. The City shall apply
one-half (50%) of any such Excess Syndication Proceeds
it has received pursuant to this subparagraph to the
repayment of principal of the UDAG Loan, as and when
due pursuant to the terms of this Agreement. The
characterization of the remaining one-half (50%) of
any such Excess Syndication Proceeds received by the
City pursuant to this subparagraph shall be determined
with reference to the Annual Net Cash Flow of the
Project for the sixth year of the Project's operations
following Completion of Construction, as follows: if
the Annual Net Cash Flow with respect to such year is
negative, the remaining one-half (50%) of the above-
described Excess Syndication Proceeds shall be apPlied
to the repayment of principal of the UDAG Loan (the
City having exercised its right to so treat these
~~~nds under the terms or the UDAG A9ree~ent) as and
when due pursuant to the terms of this Agreement; if
the Annual Net Cash Flow with respect toLsuch year is
positive, the remaining one-half (50%) Of the above-
described Excess Syndication Proceeds shall be
retained by the City as miscellaneous revenues. The
ten ~er cent (10\) of Excess Syndication Proceeds
reta~ned by the Developer may be used for any costs in
connection with the development of the Project
Elements, inClUding the payment of an additional
development fee.
(iii) No improvements or capital
equipment situated on the Project Site shall be
removed, demolished or materially altered (except in
the ordinary course of business), without the prior
written consent of the City, except that the Developer
shall have the right, without such consent, to remove
and dispose of, free from any lien of the City, such
equipment as from time to time may become worn out or
obSOlete, provided that simultaneously with or prior
to such removal any such equipment shall be replaced
with other equipment of equal or greater value and
free from any title retention or encumbrance except as
authorized pursuant to Paragraph IV(b)(2)(I) below,
and by such removal and replacement Developer shall be
deemed to have subjected such equipment to the lien of
the City.
318
319
320
III
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333
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335
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45
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47
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349
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352
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54
55
56
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.
DRAFT - 6/27/89
(H) Annual Accountina. The Developer
and its general partner shall furnish to the City,
within ninety (90) days after the close of each of the
Developer's operating years during the term of the
UDAG Loan, a copy of its financial statement prepared
in accordance with generally accepted accounting
principles by an independent certified public
accountant certifying operating income and receipts of
the Project; operating expenses allowable for Federal
income tax purposes, Net Annual Cash Flow; Developer
cash equity contributed to the Project; net proceeds,
if applicable; gross syndication proceeds, if
applicable; net syndication proceeds, if applicable,
and a statement of allowable deductions used to
determine said amount, in accordance with Paragraph
IV(B)(2)(G) above; Excess Syndication Proceeds, if
applicable; and the amount of participation in Net
Annual Cash Flow, Net Proceeds and Excess Syndication
Proceeds due to the City, to the extent applicable.
(I) Securitv.
(il The UDAG Loan shall be secured
--'by a mortgage on all land, buildings, fixtures, .
equipment and other assets of the Developer which
comprise the Project. The UDAG Loan Sh1l be a second
lien on the Project, and shall be subor nate only to
the first lien security position held b Lender in an
amount not to exceed $5,600,000 plus any further
advances made by Lender which are invested in the
Project and are required for its completion; however,
such second lien may be in oar~ oassu with the lien or
liens securing the repayment of the loans from the
City described in Paragraphs I~I(b) and III(d).
(ii) The mortgage shall contain
provisions to protect the interest of the second
mortgagee inCluding a provision that default under the
first lien shall constitute a default under the UDAG
Loan and the unpaid principal balance and interest
thereon shall be due and payable to the City.
(iii) The mortgage shall not contain
an exculpation clause in favor of the Developer,
provided that the liability of the general partner of
the Developer shall be as set forth under the guaranty
described in Paragraph II(gl of this Agreement.
(iv) To the extent permitted by law,
all of the personal property described in the mortgage
shall be deemed to be fixtures and part of the real
property. As to any part of such personal property
365
366
367
368
369
370
371
372
I~~
75
. 76
377
378
379
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DRAFT . 6/27/89
not deemed or permitted by law to be fixtures, the
mortgage shall constitute a security agreement under
the Uniform Commercial Code, as in effect in the State
of Florida.
(J) PreDayment. Prepayment may occur
at any time without the prior written approval of the
City.
c The Develo er shall borrow Cit matchin funds for'
constructlon and permanent financ ng 0 the ProJect Elements
under the following temrs and conditionsl
(1) The principal amount of the Loan shall be not'
less than $768,000.00. The term of the loan shall commence
with the initial disbursement of UDAG funds pursuant to
Paragraph lV(b)(l) of this Agreement from the City to the
Developer and shall end on the date fifteen (lS) years from
that date.
Bl (2) The loan shall bear no interest.
82 . (3) Disbursement shall be in accordance with the
83 foll~n9;
84
85
86
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389
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93
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98
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100
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407
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(A) The City matching l~;n disbursement'
shall be based on requisitions submittecv.by the :
Developer, verified by the City and certified by the :
project architect or other certified official as shall
be acceptable to the City. All submissions by
contractor shall be on AlA Forms 702 and 703 or their
equivalent.
(D) No disbursement of the City
matching loan funds shall be made until Developer has
first expended not less than $1,700,000.00 in equity
funds toward the development of the Project Elements.
(C) The disbursement of the City .
matching loan funds shall be based on a ratio of twenty
cents of the City matching loan funds for everyone .
dollar of UDAG loan funds disbursed to the Developer,
such UDAG loan funds to be in accordance with the
prOVisions of Paragraph IV(b)(l) of.this Agreement.
(D) Prior to disbursement, the
Developer shall provide an ATLA policy for mortgage
title insurance, in the full amount of the City
matChing funds, insuring the City will be a holder a
second lien on the Project Site, free of encumbranoes
and other exceptions to title except for those approved
in advance. by the City, and not 8ubordinated to any
408
409
410
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13
14
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422
423
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430
431
432
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135
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
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DRAFT - 6/27/89
interest exoept the first lien of the Lender in an
amount not to exceed $5,600,000.00 plus further
advances by the Lender whioh are invested in the
project elements and are required for the completion
thereof. The City matching loan shall be in a ~
oassu second lien position with the liens created for
by the mortgages from the Developer to the City
described in III (a) and III(dl above.
(El Prior to disbursement, the
Developer shall provide builders risk and fire
insurance policy or polioies duly endorsed to indicate
the City is an insured mortgagee.
(F) Prior to disbursement, all of the
evidentiary materials required by Exhibit E of the UDAG
Agreement shall have been submitted to and approved by
HOD and HUD shall have authorized the City to draw down
UDAG loan funds from its Letter of Credit, in
accordance with the draw down prOVisions set forth
herein.
(G) Repayment shall be due and payable
~.on each anniversary date of the initial diSbUtsem~rtt.
The repayment amount on eaoh suoh date shall be one-
fifteenth of the total principal due tO~he City upon
completion of the Project. If upon an a niversary date
of the initial disbursement there remain the potential
for further disbursements to be made to the Developer,
the minimum amount due and payable to the City shall be
$51,200.00.
(H) During the term of this loan and
the term of the UDAG Loan, the City shall have the
right to review and approve the Developer'S retention
of a management firm for the Project. In addition, the
Develo~er must also receive the City's approval as to
the in~tial rules and regulations for the Project.
Prior to any change in management firm or the rules and
regulations for the Project, the Developer must receive
the City's written approval and consent to such Change.
(I) The Developer agrees to defend,
indemnify and hold harmless the City or any of its
employees, agents, or servants from any and all damage,
actions, suits, claims, or demands whatsoever kind made
by or on behalf of any persons, including the City, as
a result of damage or injury incurred to the City's
water main located in the vicinity of the Developer
security and gatehouse as it is looated on the approved
site plan for the PrOject. Damages shall inOlude, but
454
455
456
457
458
459
460
461
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463
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466
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DRAFT - 6/27/89
not be limited to, repair work, reaSOnable attorneys'
fees, travel investigation, expenses caused by said
damage, actions, suits, or claims or demands.
(J) The Developer, upon the demand of
the City and at the City's sole discretion during the
term of this loan or the UDAG Loan, shall deed Track B
and/or Tract D as shown on the Plat for Auburn Trace to'
the City for park and recreational purposes.
v. Proiect SChedule. The Project Elements shall be
constructed in accordance with the following schedule:
Activity
Land Acquisition
Construction
Commencement Date
Completion Date
June 30, 1989
December 31, 1990
June 30, 1989
467 VI. Creation of Jobs. The Developer agrees to use its best
468 , efforts to create or cause to be created within thirty-six (36)
469/ months from preliminary approval of the UDAG (February 4, 1989)
470 the jobs referenced in Exhibit A of the UDAG Agreement. The
~ 711 . Developer agrees to report to the Ci ty, from time to time, on the
472 number and kinds of such jobs created or Caused to be created and
473 filled. "
474 VII. Third Partv Contract Reouirements. The p~rties hereto
475 agree to comply with, and be bound by, the applica~le provisions
476 of ArtiCle IX of the UDAG Grant Agreement, the said provisions
477 being contained in Exhibit B appended hereto and incorporated
~78 herein by reference.
I
~79 VIII. Notices. All notices, requests and demands upon the
480 respective parties hereto shall be deemed to have been given or
481 made when deposited in the United States mail, postage prepaid
482 and addressed as follows:
I
~83 To City:
I
,
484 City of Delray Beach
485 100 N.W. 1st Avenue
486 Delray Beach, Florida 33444
487 Attention: Ac1tv Attornev
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DRAFT - 6/27/89
To Develooerl
Auburn Trace Limited
c/o Auburn Trace Joint Venture
4723 West Atlantic Avenue, Suite 9
,Del ray Beach, Florida 33445
Attention: Jay Felner
IX. No Waiver: Cumulative Remedies. No failure by the City
or the Developer to exercise and no delay in exerciSing any
right, power or privilege under this Agreement shall operate as a;
waiver thereof; nor shall any single or partial exercise of any
right, power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, power or
privilege.
x. Counternarts.
number of counterparts
to be an original.
XI. Aoo1icable Law. This Agreement is made, executed and
delivered in the State of Florida and Florida law shall govern
its inte~tation, performance and enforcement.
This Agreement may be executed in any
and each such counterpart shall be deemed
XII. Conflict of Interest. The City shall comply with the .
applicable conflict of interest provisions of Attadhment 0 of OMS
Circulars A-102 and A-IIO and 24 C.F.a. S570.6l1. /-----
XIII. Headinos. Any headings of the paragraphs in this
Agreement are inserted for convenience and reference only and
shall be disregarded in construing and/or interpreting any of its
provisions.
XIV.
signs at
by HOD.
Sions. Developer and City agree to erect appropriate
the Project Site in accordance with criteria established
-. ."........1 ....111.. "" "1"'\1\1\1.11 I \J-"-\J~ , Q."",../VI ,
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I
DRAFT - 6/27/89
517 IN WITNESS WHEREOF, the parties hereto have caused this UDAG;
518 Agreement to be executed as of the day and year first above
519 written.
520 ATTEST:
521
.
522
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CITY OF DELRAY BEACH, a Florida
municipal corporation
Custodian of the Seal
[SEAL]
By;
rm'
By;
ASSistant City Attorney
WITNESS;
AUBURN ~RACE LIMITED, a Florid.
limited partnership
BYI Auburn Trace Joint Ventur
------
BYI
BYI
BYI
BYI
By;
By;
Jay Pe ner
Roger Boos
/
gan
Lore a J. Mag ee
Mar
Char otte G. Durante
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DRAFT - 6/27/69
542 BYI
~43 John B. CaSserly
I
~44 BYI
45 Glen Haggerty
I
146 By
47 Frank McAlonan
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!
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i
LAND USE RESTRICTION AGREEMENT
Agreement"), made and entered
1989, by and between the City
municipal corporation under the
(the "City"), and Auburn Trace
Florida corporation, and its
"Developer" ) ;
THIS LAND USE RESTRICTION AGREEMENT (the "Restriction
into as of
of Delray Beach, Florida, a
laws of the State of Florida
Joint Venture Partnership, a
successors and assigns (the
WIT N E SSE T H::
WHEREAS, the City holds legal title to certain real
property upon which is to be developed a residential rental
project (the "Project"), more fully described in Schedule "A"
attached hereto and made a part hereof; and
WHEREAS, the Project will be financed in part by a
loan by the City to the Developer in the principal amount of
$6,600,000 (the "Loan"); and
WHEREAS, the Loan will be secured by one or more
second mortgages granted by the Developer to the City (collec-
ti vely , the "Mortgage") and recorded in the land records of
Palm Beach County, Florida ("the County"); and
'.-'WHEREAS, in order for the Project to enjoy the
benefits of the financing provided by the City, the City
requires the Developer, as a condition of making the Loan, to
agree that the restrictions set forth in this Agreement shall
be restrictions running with the Land and binding on all of the
Developer's assigns and successors in interest, for the Quali-
fied Project Period (as herein definedl; and
follows:
NOW, :J:~uRE, the parties do hereby agree as
Section 1. Definitions and Interpretation. The
fallowing terms shall have the respective meanings set forth
below:
"Certificate of Continuing Campl i ;once" shall mean the
certificate required to be delivered by the Developer to the
City pursuant to Section 4(e).
"Closing Date" shall mean the date the Loan is made
to the Developer against receipt of the Mortgage.
"Code" shall mean the Internal Revenue code of 1986
and the Regulations promulgated thereunder.
"County" shall mean Palm Beach County, Florida.
"Eligible Person" shall
whose income does not exceed
income.
mean persons of families
% of the County's median
"HOD" shall mean the United States Department of
Housing and Urban Development.
"Land" shall mean the real property described in
Exhibit B attached hereto.
"Lender Loan" shall mean the loan made to the Devel-
oper by the Lender to finance a portion of the Project.
"Lender Mortgage" shall mean the Mortgage and
Security Agreement granting a first mortgage and security
interest in the Land, buildings and equipment comprising the
Project made from the Developer to the Lender.
"Loan" shall mean the loan made to the Developer by
the City to finance a portion of the Project.
"Low or Moderate Income Persons" shall mean persons
and families within the meaning of the term "individuals of low
or moderate income" as used in Section l42(d) of the Code.
"Mortgage" shall mean the Mortgage and Security
Agreemeri:t~granting a mortgage on and security interest in the
Land, buildings and equipment comprising the Project, made from
the Developer to the City which Mortgage will be second in
priority to the Lender Mortgage.
"Note" shall mean the interest-bearing instrument
that contains the absolute promise of the Developer to pay the
sum of money stated therein at the time stated therein and that
evidences the obligation of the Developer to repay the Loan.
"Project" shall mean the multifamily residential
rental housing development to be acquired and constJ:ucted in
part with the proceeds of the Loan and Developer Loan.
"Qualified Project Period" shall mean the period
beginning with the Closing Date and ending on the later of (a)
the date that is fifteen years after the Closing Date; (b) the
date the Loan is paid; and (c) the date all UDAG Requirements
shall cease to be applicable to the Project.
"Regulations" shall mean the regulations promulgated
or proposed by the United States Department of the Treasury
pursuant to the Code, as amended from time to time.
"State" shall mean the state of Florida.
-2-
"UDAG Requirements" shall mean
Unless the context clearly requires otherwise, as
used in this Agreement, words of the masculine, feminine or
neuter gender shall be construed to include any other gender
when appropriate, and words of the singular number shall be
construed to include the plural number, and vice versa, when
appropriate. This Agreement and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth
herein and to sustain the validity hereof.
The titles and headings of the sections of this
Agreement have been inserted for convenience of reference only,
and are not to be considered a part hereof and shall not in any
way modify or restrict any of the terms or provisions hereof or
be considered or given any effect in construing this Agreement
or any provisions hereof or in ascertaining intent, if any
question of intent shall arise.
Section 2. Residential Rental Property. The Devel-
oper hereby represents, covenants, warrants and agrees that:
(a) (I) The Project will be acquired and constructed
for the purpose of providing multifamily "residential rental
property" as such phrase is used in Section l42(d) of the Code,
(2) the Developer shall own the entire Project for federal tax
purposes, and (3) the Project shall be owned, managed and
operated as a multifamily residential rental property comprised
of a building or structure or several buildings or structures
containing similarly constructed unites, together with any
functionally related an subordinate facilities and no other
facilities, in accordance with Section. l42(d) of the Code and
Sections 1.103-S(b}(4) and 1.103-8(a)(3) of the Regulations (as
modified by Section 142(d) of the Codel.
(b) The project will comprise one or more similarly
constructed units, each of which will contain separate and
complete facilities for living, sleeping, eating, cooking and
sanitation for an individual or a family, including a living
area, a Sleeping area, bathing and sanitation facilities and
cooking facilities equipped with a cooking range, refrigerator
and sink.
(C) None of the units in the Project will at any
time be utilized on a transient basis or will be used as a
hotel, motel, dormitory, fraternity or sorority house, rOoming
house, nursing home, hospital, sanitarium, rest home or trailer
court or park.
(d) All of the units will be similarly constructed
and will be rented or available for rent on a continuous basis
to members of the general public, :'1ith a first priority to
tenant applicants who are already residents of the City, and
-3-
the Developer will not give any other preference to any parti-
cular class or group in renting the units in the Project,
except to the extent that units are required to be leased or
rented to Low or Moderate Income Persons or Eligible Persons,
Low or Moderate Income Persons will have equal access to and
enjoyment of all common facilities of the Project.
(e) The Land consists of a parcel of real property
or parcels of real property that are contiguous except for the
interposition of a road, street, stream or similar property,
and the Project comprises buildings, structures and facilities
that are proximate and financed pursuant to a common plan.
(f) If the Project is receiving Section 8 assis-
tance, the Developer will comply with all Section 8 require-
ments in administering these restrictions.
The requirements of this Section 2 shall terminate at
the end of the Qualified Project Period.
SECTION 3. Low or Moderate
Eliqible Persons. The Developer hereby
and covenants as follows:
Income Persons and
represents, warrants
(a) At all times during
Period, not less than twenty percent
( 40%)) of the completed units shall
Moderate Income Persons.
the Qualified
(20%) [or forty
be occupied by
Project
percent
Low or
-----~.
(b) At all times during the Qualified Project
Period, those units that are not occupied by Low or Moderate
Income Persons and are available for rental to tenants other
than Low or Moderate Income Persons in accordance with Section
3(a) hereof will be rented to or available for rent by Eligible
Persons.
(c) At
Period, the annual
shall not exceed
income, and the annual
exceed of
all
rent.
times during the Qualified Project
charged Low or Moderate Income Persons
or of the County median
rent charged Eligible Persons shall not
of the County median income.
Individuals or families of low or moderate income are
defined in final Treasury regulations S~ction L 103-8 in a
manner consistent with Section 8 of the United States Housing
Act of 1937 (or if such program is terminated, under such.
program as was in effect immediately before such termination),
except that (i) the percentage of median gross income which
qualifies as low or moderate income shall not exceed fifty
percent (50%), if the Developer has elected twenty percent
(20%) above or sixty percent (60%), if the Developer has
elected forty percent (40%) above, in either case, with adjust-
ment for family size; and (ii) the occupants of a unit shall
-4-
not be considered to be of low or moderate income if all the
occupants are students (as defined in Section 1.103-8(b)(8) of
the Treasury Regulations, no one of whom is entitled to file a
joint return under Section 6013 of the Code). The method of
determining low or moderate income in effect on the Closing
Date will be determinative even if such method is subsequent~y
changed.
(d) The determination of whether the income of a
resident of a unit exceeds the applicable income limit shall be
made at least annually on the basis of the current income of
the resident. For purposes of paragraphs (a), (b) and (c) of
this Section 3, a unit occupied by an individual or family who
at the commencement of the .occupancy of such unit is a Low or
Moderate Income Person (or Eligible Person) shall be counted as
occupied by a Low or Moderate Income Person (or Eligible
Person) during such individual's .or family's tenancy in such
unit, even though such individual or family ceases to be a Low
or Moderate Income person (or Eligible Person). Unless the
income of this individual or family, after adjustment for
family size, exceeds 140 percent of the applicable income
limit, if after such determination, but before the next deter-
mination, any residential unit .of comparable or smaller size in
the Project is occupied by a new resident show income exceeds
the applicable income limit. In additian, a unit that was
occupied by a Low or Moderate Income Persan (or Eligible
Person) shall be counted as occupied by a Low or Moderate
Income Person (or Eligible Person) unti~ it is reoccupied for a
period in> excess of thirty-ane (31) days, at which time the
unit shall be considered ta be occupied by a Low or Moderate
Income Person (or Eligible Person) only if the individual or
family then occupying the unit satisfies the definition .of a
Low or Moderate Income Person (or Eligible Person).
(e) Leases shall provide for termination and evic-
tion if a tenant has certified that he or she is an individual
or family of low or moderate Income, and has failed to so
qualify, at the time of commencement of the occupancy. The
form of lease to be utilized by the Developer in renting all
dwelling units in the Project shall be subject to the City's
approvaL The lease must comply with all applicable Section 8
requirements if the Project is receiving a subsidy pursuant to
Section 8 of the United States Housing Act of 1937.
SECTION 4. Repartina RE!Qlli.l.-n-..t:s.
(a) During the Qualified Project Period, the Devel-
oper shall obtain from each Low or Moderate income Person, at
the time of such tenant's initial occupancy in the Project, an
income certification dated immediately prior to the initial
occupancy of such Low or Moderate Income Persan in the Praject,
in the form and containing the information required by Section
1.167(k)-3(b) of the Regulations, as the same may be amended
-5-
from time to time, or in such other form and manner as may be
required by applicable rules, rulings, policies, procedures,
regulations or other official statements now or hereafter
promulgated, proposed or made by the Department of the Treasury
or the Internal Revenue Service with respect to obligations
issued under Section 142(d) of the Code.
(b) During the period commencing on the date that
the first unit in the Project is occupied and continuing until
the end of the Qualified Project Period, the Developer shall
obtain from each Eligible Person residing in the Project, at
the time of such person's or family's initial occupancy in the
Project, and on an annual basis thereafter, an income certifi-
cation acceptable to the City.
(c) The Developer shall file with the City, on the
first business day of each month, copies of the income certifi-
cations specified in Sections 4(a) and (b) hereof obtained by
the Developer during the previous month.
(d) The Developer shall maintain complete and
accurate records pertaining to the incomes of (as of the date
of initial occupancy of each tenant) and rentals charged to Low
or Moderate Income Persons and Eligible Persons residing in the
Project, and shall permit, upon five (5) business days' notice
to the Developer, any duly authorized representative of the
City to inspect the books and records of the Developer per-
taining to the incomes of and rentals charged to all tenants
residing-'-:in the Project.
(e) The Developer shall prepare and submit to the
City on the first business day of each month, rent rolls and a
Certificate of Continuing Compliance executed by the Developer
stating (i) the percentage of units that were occupied by Low
or Moderate income Persons and Eligible Persons, respectively,
as of the 20th day of the previous month, l ii) that at all
times during the previous month at least 20% [or 40%) of the
units were occupied by Low or Moderate Income Persons (as
determined in accordance with Sectian 3 of this Land Use
Restriction Agreement), and (iii) that no default has occurred
under this Agreement or, if such a default has occurred, the
nature of such default and the steps, if any, the Developer has
taken or proposes to take to correct such default.
SECTION 5. InqP1lm; -Fication of City. The Developer
hereby covenants and agrees that it shall indemnify and hold
harmless the City and its officers, directors, officials and
employees from and against (i) any and all claims arising from
any act or omission of the Developer or any of its agents,
contractors, servants, employees, or licensees, in connection
with the Mortgage or the Project; and (iil all costs, counsel
fees, expenses or liabilities incurred in connection with any
such claim or proceeding brought hereon. In the event that any
-6-
action or proceeding brought against the City or any of its
officers, directors, officials or employees with respect to
which indemnity may be sought hereunder, the Developer, upon
written notice from the indemnified party, shall assume the
investigation and defense thereof, including the employment of
counsel and the payment of all expenses. The indemnified party
shall have the right to employ separate counsel in any such
action or proceeding and to participate in the investigation
and defense thereof, and the Developer shall pay the fees and
expenses of such separate counsel, provided, however, that,
unless such separate counsel is employed with the approval and
consent of he Developer, the Developer shall not be required to
pay the fees and expenses of such separate counsel.
SECTION 6. Fair Housinq Laws. The Developer will
comply with all fair housing laws, rules, regulations or orders
applicable to the Project.
SECTION 7. Covenants to Rw1 with the Land. The
covenants, reservations and restrictions set forth herein shall
be deemed covenants running with the Land and, except as
provided in Section 8 hereof, shall pass to and be binding upon
the Developer's heirs, assigns and successors in title to the
Land or the Project; provided, however, that upon the termina-
tion of this Agreement in accordance with the terms hereof said
covenants, reservations and restrictions shall expire. Except
as provided in Section 8 hereof, each and every contract, deed
or othe:r;- instrument hereafter executed coverin.g or conveying
the Land~-or the Project or any portion thereof shall conclu-
sively be held to have been executed, delivered and accepted
subject to such covenants, reservations and restrictions,
regardless of whether such covenants, reservation and restric-
tions are set forth in such contract, deed or other instru-
ments. If a portion or portions of the Project are conveyed,
all of such covenants, reservations and restrictions shall run
to each portion of the Project. Developer, at its cost and
expense, shall. cause this Agreement to be duly recorded or
filed and re-recorded or refil.ed in such places, and shall pay
or cause to be paid all recording, filing, or other taxes, fees
and charges, and shall comply with all such statutes and
regulations as may be requir.ed by law in order to establish,
preserve and protect the ability of the City to enforce this
Agreement.
SECTION 8. TeJ:ms. This Agreement. shalL remain in
full force and effect until the expiration of the Qualified
Project Period, provided, however, that this Agreement may be
terminated at the election of the City, upon a determination by
the City that such termination will be in the best interest of
the City in the event of involuntary non-compliance with the
provisions of this Agreement caused by fire, seizure, requisi~
tion, foreclosure or transfer by deed in li~ of foreclosure,
change in a federal law or an action of a federal. agency that
-7-
prevents the Ci ty from enforcing the prov~s~ons hereof, or
condemnation or a similar event, but only if within a reason-
able period thereafter (i) the Loan is retired in full at the
earliest practicable date, or (ii) the proceeds received as a
result of such event are used to finance a development that
complies with the provisions hereof and any other applicable
requirements of the Code and the Regulations.
SECTION 9. Correction of Noncompliance. The failure
of the Developer to comply with any of the provisions of either
Section 2 or 3 of this Agreement shall not be deemed a default
hereunder unless such failure has not been corrected within a
period of sixty (60) days following the date that any of the
parties hereto learned of such failure or should have learned
of such failure by the exercise of reasonable diligence. No
later than the business day next succeeding the day on which
the City learns of such failure. the City shall attempt with
reasonable diligence to notify the Developer of such failure by
telephonic communication.
SECTION 10. Modification of Tax Covenants. To the
extent any amendments, modifications or changes to the Regula-
tions or the Code shall impose requirements upon the ownership,
occupancy or operation of developments similar to the Project,
which are financed with tax-exempt bonds, different than those
imposed by the Regulations or the Code and stated herein, This
Agreement shall be amended and modified in accordance with such
requirements. The parties hereto agree to execute , deliver,
and record-, if applicable, any and all documents or to effec-
tuate the intent of this Section 10.
SECTION 11. City to Monitor Compliance. The City
shall examine all reports, certifications and other documents
required to be delivered hereunder. The City reserves the
right to appoint any public or private entity or person to
monitor compliance on behalf of the City.
SECTION 12. Burden and Benefit. The City and the
Developer hereby declare their underst;onrli ng and intent that
the burden of the covenants set forth herein touch and concern
the Land in that the Developer' s legal interest in the Land and
the Project is rendered less valuable thereby. The Developer
hereby further declares its understanding and intent that the
benefit of such covenants touch and concern the Land by en-
hancing and increasing the enj oyment and use of the Land and
the Project by Low or Moderate Income Persons and Eligible
Persons, the intended beneficiaries of such covenants, reserva-
tions and restrictions, and by furthering the public purposes
for which the Loan was made.
SECTION 13. Uni:fonnity~CClu.ouuu. Plan. The covenants,
reservations and restrictions hereof shall apply uniformly to
the entire Project.
-8-
SECTION 14. Remedies; Enforcp,.hi 1 i tv. If a viola-
tion of any of the provisions hereof occurs or is attempted,
the City and its successors and assigns may institute and
prosecute any such violation or attempted violation, to compel
specific performance hereunder, or to recover monetary damages
caused by such violation or attempted violation. The provi-
sions hereof are imposed upon and made applicable to the Land
and shall run with the Land and shall be enforceable against
the Developer or any other person or entity that has or had an
ownerShip interest in the Project at the time of such viola-
tions or attempted violation. No delay in enforcing the
provisions hereof as to any breach or violation shall impair.
damage or waive the right of the City to enforce the provisions
hereof or to obtain relief against or recover for the continua-
tion or repetition of such breach or violation or any similar
breach or violation hereof at any later time or times.
SECTION 15.
recorded in the office
County, Florida, on or
Filinq. This Agreement
of the Register of Deeds
before the Closing Date.
shall be duly
for Palm Beach
SECTION 16. Governing Law. This Agreement shall be
governed by the laws of the State.
SECTION 17. Interpretations.. Except where the
context otherwise requires, terms used in this Agreement shall
have the same meanings given to such terms in final Treasury
regulations Section 1.103-8 published on October 15, 1982, as
modified~by Section 142(d) of the Code and any proposed tempo-
rary or final regulations thereunder. In the event of a
transfer of the Project the term "Developer" shall be construed
to include any transferee.
SECTION 18. Amendment. 1\mendment of this Agreement
is conditioned upon the prior written approval of HUD for as
longs as the UDAG Requirements., if any, remain in effect.
SECTION 19. Transfer Restrictions. Prior to any
transfer of the Project, Developer agrees to secure from
transferee a written agre.ement stating that transferee will
assume in full Developer's obligations and duties under this
Agreement. This limited transfer restriction shall not affect
the rights of HUn to approve the proposed transferee as re-
quired under the UDAG Requirements. All aJIlpnnmpnts shall be
duly recorded in the office of the Register of Deeds for Palm
Beach County, Florida.
SECTION 20. Notice. Any notice required to be given
hereunder shall be gi ven by certi.fied or registered mail,
postage pre-paid, return receipt requested, at the addresses
specified below, or at such other addresses as may be specified
in writing by the parties hereto:
-9-
City:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attention: David M. HUddleston,
Finance Director
Developer:
Auburn Trace Joint Venture Partner-
ship
Notice shall be deemed given on the third business
day after the date of mailing.
SECTION 21. Severability. If any provision hereof
shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining portions hereof
shall not in any way be affected or impaired thereby.
SECTION 22. Multiple Counterparts. This Agreement
may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument, and each of
which shall be deemed to be an original.
IN WITNESS WHEREoF, the City and the Developer have
executed this Agreement by duly authorized representatives, all
as of the date first written hereinabove.
( SEAL)--'--
CITY OF DELRAY BEACH, FLOlUllA
Attest:
City Clerk
By:
Mayor
(SEAL)
AUbU1<N TRACE JODlT VENTURE
PARTNERSlnP, Developer
By:
Attest:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
by
tively,
this
City.
The foregoing
instrument was acknowledged before me
and , respec-
of the City of Delray Beaoh,Florida,
, 1989, on behalf of the
Mayor and Clerk
day of
-10-
My Commission expires:
Notary Public
(Affix notarial seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
and
by
respectively,
Auburn TI'ace Joint Venture
t.his day of
Developer.
,
and , of
Partnership, a Florida Corporation,
, 1989, on behalf of the
My Commission expires:
Notary Public
(Affix notarial seal)
-11-
MEMORANDUM
TO:
Walter .0. Barry
City Manager
.
FROM:
~ ,
/A ) David M. Huddleston
~~ Director of Finance
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc.'s audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has prov~ded a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limiteq impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord.and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/ sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
Walter ,0. Barry
City Manager
.
FROM:
;1i,~) David M.' Huddleston
\" Director of Finance
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc. 's audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has prov~ded a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limiteq impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
Walter ,0. Barry
City Manager
FROM:
/f:\l David M.' Huddleston
\" Director of Finance
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc.fs audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has prov~ded a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limiteq impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
FROM:
o
Walter .0. Barry
City Manager
) David M.' Huddleston
Director of Finance
.
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc.'s audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has provided a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limited impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord.and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
Walter ,0. Barry
City Manager
.
FROM:
I'lil David M:
\::~ Director
Huddleston
of Finance
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc.'s audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has provtded a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limited impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/ sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
Walter,o. Barry
City Manager
FROM:
/T\~) David M: Huddleston
\:' Director of Finance
SUBJECT:
,
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc.'s audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has provided a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limiteq impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/ sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
M E M 0 RAN DUM
TO:
Walter ,0. Barry
City Manager
FROM:
([:
) David M. Huddleston
, Direc tor of Finance
SUBJECT:
.
Financial Review - Greater New England, Inc./Greater
SouthEast, Inc.
DATE:
June 27, 1989
Greater SouthEast, Inc., which has presented an offer to the City to
jointly acquire Lavers, is in its first year of operation and therefore no
financial information has been provided to the City. Greater New England,
Inc. 's audited financial statements as of June 30, 1988 were provided since
they relate to the parent company and subsidiaries. The audited financials
indicate the total assets of the firm are $33,124,180. However, it should
be noted that Note Four indicates that the two controlling principals,
through their controlled subsidiaries, have contributed land with an
independent appraised fair market value of $26,563,000 for stock issued to
such subsidiaries. Deed transfers have been made, but title searches have
not been completed as this would normally not occur until the land is
resold. The two principals have therefore executed a non-interest bearing
demand Note payable to the company for $20,668,989.
The City has also received a copy of a Dun and Bradstreet Report for
Greater New England, Inc. which indicates a fair financial evaluation of
the company. The City was also provided financial references and a review
has provided a favorable representation of Mr. Knollenberg.
The City has also reviewed the personal credit report for Mr. Peter
Knollenberg, President of Greater New England, Inc. This report indicates
a strong financial net worth for Mr. Knollenberg, although Mr. Knollenberg
would not be providing any personal guarantee to the City.
The June 20th proposal suggested and presented by Mr. Al DeCuir at the June
20th Special Meeting has separate but contingent proposals for both the
City and Greater SouthEast, Inc. The financial well-being of Greater
SouthEast would have limiteq impact upon the City once the various
conditions that need to be addressed during due diligence were resolved,
i.e., ownership of property, condominium rights to amenities, etc. This
assumes that the City would incur no delays or legal costs based upon all
parties reaching accord and providing clear title for the City's amenity
acquisition. The City would not nor should not be obligated for any
portion of Greater SouthEast's bid to FSLIC. The City could be impacted,
however, by the $250,000 contribution to the City for clay courts if for
some reason Greater SouthEast were not able to make payment to the City.
This payment should be addressed in a separate agreement with Greater
SouthEast if the City decides to proceed.
The separate but contingent proposals, if not approved by FSLIC or FDIC,
would require the City to initiate a new proposal if the City decides to
pursue the purchase of some or all of the amenities package.
DMH/sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Joe Weldon, Director of Parks and Recreation
Becky O'Connor, Treasurer
2707 North Ocean Boulevard
Boca Raton, FL 33431
June 25, 1989
Claudio Collucci
c/o Aspen Leaf Realty
650 Egret Circle
Delray Beach, FL 33444
RE: INTERNATIONAL TENNIS CENTER, Delray Beach, FL
Dear Claudio,
As promised, following our discussions Thursday and Friday, this
letter will document Greater South East Inc.'s desire to work
with a consensus of the affected unit owners at the above complex
in an attempt to regain control from the FSLIC. As you are aware,
it is in FSLIC's interest to promote competition among prospective
bidders in an attempt to bid up their compensation. It is not in
either of our interests to have this happen. Therefore, I am
suggesting that we come together before it is too late and use
our combined efforts to accomplish this joint goal. The City of
Delray can be our ally in this process!
This is not to say that the City must ultimately be our partner
on site. Greater South East Inc. has stated publically and reiterates
its position of being willing and able to develop out the remaining
units with or without City participation. We therefore recommend
that this question be settled between the current unit owners and
the City after control is out of FSLIC's hands. We agree to
abide by the decision that is brought forth by a consensus of the
unit owners and their representatives prior to any monies being
transferred by anyone.
Specifically addressing the economics, Greater South East, Inc.,
prior to closing, will enter into a contract with the appropriate
unit owners' group (contingent upon a successful bid) to sell the
South Laver's Amenities to said group under the following terms
and conditions:
1. Amount/Price - $700,000 (to be held in escrow at
closing and paid at foreclosure or one year, whichever sooner).
2. Access - (a) All residents of ~orth Laver's
(who are members of its amenities/when built) will be given access
to the South Laver's amenities until the buildout of the North
~~
Laver's amenities is completed.
(b) All members of North Laver's
will be given lifetime reciprocal access/membership to use the
South Laver's Clubhouse facilities (i.e. Clubhouse, Restaurant,
~ courts),
3. A consensus of unit owners (i.e. South Laver's Condo Owners,
North Laver's Units A,B,D,E,F, & G owners) will be given the
final say whether or not the City of Delray is allowed to purchase
any portion of the North Lavers site for a municipal tennis club.
4. All of the above (#1-3) is only being offered if the unit
owners join with us in the above fashion prior to the next vote
of the City of Delray on this issue. Otherwise, Greater South East
Inc will be obligated to pass along any additional costs incurred
by pursuing alternative strategies, in any fashion/degree it sees
fit (when/if it successfully bids on its own).
I hope you and your people can quickly see the logic of the above
process before the benefits of same are lost. This letter initially
is being hand delivered in handwritten form to expedite the process
which is quickly escaping our mutual control (typed copy to follow).
Very truly yours,
Alfred F. DeCuir, Jr.
Financial Consultant, Greater South East, Inc.
~
AFD/m~
cc: 04alter Barry
Phil Caldwell
Dr. ~runberg
Jim McPherson
I
(
June 27, 1989
,~ I ')
~~~ '
'H~
111 ~/
I/~
r y+ -
O.....~}~ ~~. .~.
'd <
,,--'"
,~
MEMORANDUM
-"
TO:
FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
EDUCATION BOARD/COMMITTEE - RECOMMENDATIONS
FROM:
RE:
Per our conversation, I would like to recommend the following
persons to be considered for appointment to the Education Board
or Committee, whichever it will be called:
1. Lillie Parker (member of Crisis Committee)
2. Edward Hayes (Member of Crisis Committee and Voters
league)
3.
David Kovacs, Planning & Zoning Director
Member of the Chamber of Commerce {YI,'k< plulr\.
4.
5.
Mr. Fleming or Mr. Maher
One Commissioner j:.1Ct,h~!-:
6.
7.
local resident (preferably a parent/non political)
Myself (volunteeringl l..,tv- 13",t-f.'n
8.
I am not sure of how many members will be appointed,
consideration should also be given to an appointee who might
reside west of 1-95.
Respectfully submitted,
B:EDCOM/LDR1
2707 North Ocean Boulevard
Boca Raton, FL 33431
June 25, 1989
Claudio Collucci
c/o Aspen Leaf Realty
650 Egret Circle
Delray Beach, FL 33444
RE: INTERNATIONAL TENNIS CENTER, De1ray Beach, FL
Dear Claudio,
As promised, following our discussions Thursday and Friday, this
letter will document Greater South East Inc.'s desire to work
with a consensus of the affected unit owners at the above complex
in an attempt to regain control from the FSLIC. As you are aware,
it is in FSLIC's interest to promote competition among prospective
bidders in an attempt to bid up their compensation. It is not in
either of our interests to have this happen. Therefore, I am
suggesting that we come together before it is too late and use
our combined efforts to accomplish this joint goal. The ~ity of
De1ray can be our ~ in this process!
.
This is not to say that the City must ultimately be our partner
on site. Greater South East Inc. has stated pub1ica11y and reiterates
its position of being willing and able to develop out the remaining
units with or without City participation. We therefore recommend
that this question be_settled between the current unit owners and
the City after control is out of FSLIC's hands. We agree to
abide by the decision that is brought forth by a consensus of the
unit owners and their representatives prior to any monies being
transferred by anyone.
Specifically addressing the economics, Greater South East, Inc.,
prior to closing, will enter into a contract with the appropriate
unit owners' group (contingent upon a successful bid) to sell the
South Laver's Amenities to said group under the following terms
and conditions:
1. Amount/price - $700,000 (to be held in escrow at
closing and paid at foreclosure or one year, whichever sooner).
2. Access - (a) All residents of ~orth Laver's
(who are members of its amenities/when built) will be given access
to the South Laver's amenities until the bui1dout of the North
~~
Laver's amenities is completed.
(b) All members of North Laver's
will be given lifetime reciprocal access/membership to use the
South Laver's Clubhouse facilities (i.e. Clubhouse, Restaurant,
not courts),
3. A consensus of unit owners (i.e. South Laver's Condo Owners,
North Laver's Units A,B,D,E,F, & G owners) will be given the
final say whether or not the City of Delray is allowed to purchase
any portion of the North Lavers site for a municipal tennis club.
4. All of the above (#1-3) is only being offered if the unit
owners join with us in the above fashion prior to the next vote
of the City of Delray on this issue. Otherwise, Greater South East
I~c will be obligated to pass along any additional costs incurred
by pursuing alternative strategies, in any fashion/degree it sees
fit (when/if it successfully bids on its own).
I hope you and your people can quickly see the logic of the above
process before the benefits of same are lost. This letter initially
is being hand delivered in handwritten form to expedite the process
which is quickly escaping our mutual control (typed copy to fOllow).
Very truly yours,
.
~
Alfred F. DeCuir, Jr.
Financial Consultant, Greater South East, Inc.
AFD/m~
cc: v(alter Barry
Phil Caldwell
Dr. ~runberg
Jim McPherson
.
MEMORANDUM
DATE:
FRANK SPENCE, DIRECTOR, DEVELOPMENT SERVICES
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
JERRY SANZONE, CHIEF.BUILDING OFFICIAL~~_
JUNE 26, 1989
TO:
THRU:
FROM:
SUBJECT:
PRELIMINARY INSPECTION OF LAVER'S INTERNATIONAL TENNIS
FACILITY
-------------------------------------------------------------------
On Tuesday, June 20, 1989, I met with Mr. Devine, General Manager
of the the facility, and visually inspected the four (4l existing
buildings at the above referenced site. Based on a preliminary
evaluation the city can probably anticipate an expenditure of
approximately $500,000 just to bring this facility into an
acceptable site. The buildings are suffering from long-term
neglect. The following are my findings:
651 = Reception Area and Offices
This complex consists of four (4l modular buildings: 3 two
stor~ buildings and 1 single story with offices and
perimeter decks all inter-connected. The decks are in need
of repair - windows have been scratched on one side of the
double glazing.
Each building is fully sprinkled.
The roof is hand split cedar shingles and wood siding. The
building is not in the best of condition.
The approximate cost of bringing these
into acceptable condition as a city
$20,000 per building = Total of $80,000
four (4l building
facility would be
40l = Maintenance Building
This is a concrete block building with a two story middle
section and service facility, each side and a small
maintenance garage.
The approximate cost of bringing this building into
acceptable condition would be $20,000.
2350 - Club House & Restaurant
This building is a concrete heavy timber structure with a
cedar shingle roof. This roof has areas that are leaking.
The perimeter deck is in need of repair. Bathrooms and
locker rooms are also in need of repair.
~..
SUBJECT:
JUNE 26,
PAGE 2
PRELIMINARY INSPECTION - LAVER'S INTERNATIONAL
1989
2350 ~ Club House & Restaurant cont'd...
The building cpntains two handball courts, saunas which are
not in operational condition, restaurant bar and pro shop.
These facilities also suffer lack of maintenance.
The largest expense outlay would be incurred in the repair
of this facility. Re-building all decks, interior
remodeling, repair of bathrooms, repair balcony rails, roof
leakage repair and the air conditioner will probably need
replacement due to age. The approximate cost - $350,000
Conference Center
This single story building is concrete block clubhouse and
bathroom facility with a pool area which is also suffering
from lack of maintenance.
The approximate cost of bringing this building into
acceptable condition would be - $50,000
JS:aw
Disk JS#l
B:Lavers. Insp
MEMORANDUM
TO:
Walter Barry
City Manager
FROM:
Joe Weldon
Director of Parks & Recreation
SUBJECT: LAVERS TENNIS CENTER
DATE:
June 23, 1989
Attached please find the following information concerning City
Commission's requests on Lavers Tennis.Center.
1) Report on conditions of buildings and facilities
from Mr. Sanzone, Chief Building 0 f f ic ial. Mr. Sanz one
estimates on expenditure of $500,000 to bring the buildings
into acceptable condition.
2) Aerial photograph showing several options of access off
of SW 4th Avenue.
3) Aerial photograph~--of-existing tennis facility. Its my
understanding that we own the parcel immediately west of
the Community Center, an which 4, possibly 6 additional
tennis courts might be built along with the redesign of the
existing facility.
4) I inspected the tennis courts at Lavers and found the
court surfaces to be in fair to good condition. The color
coating on the hard courts is in relatively good shape as is
the clay surfaces or most of the soft courts. Weeds. broken
water fountains and fencing in need of repair is an indication
of lack of general maintenance. I was not able to ascertain
the condition of the lighting system or irrigation system.
-~~~------
Joe Weldon-Director
P r s and Recreation
JW: giv
cc: Bob Barcinski-Assistant City Manager
File
REF:LAVERS.DOC
MEMORANDUM
TO:
FRANK SPENCE, DIRECTOR, DEVELOPMENT SERVICES
THRU:
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
JERRY SANZONE, CHIEF BUILDING OFFICIA~~
PRELIMINARY INSPECTION OF LAVER'S INTERNATIONAL TENNIS
FACILITY
FROM:
SUBJECT:
-------------------------------------------------------------------
On Tuesday, June 20, 1989, I met with Mr. Devine, General Manager
of the the facility, and visually inspected the four (4) existing
buildings at the above referenced site. Based on a preliminary
evaluation the city can probably anticipate an expenditure of
approximately $500,000 just to bring this facility into an
acceptable site. The buildings are suffering from long-term
neglect. The following are my findings:
651 = Reception Area and Offices
This complex consists of four (4) modular buildings: 3 two
story buildings and 1 single story with offices and
perimeter decks all inter-connected. The decks are in need
of repair - windows have been scratched on one side of the
double glazing.
Each building is fully sprinkled.
The roof is hand-split cedar shingles and wood siding. The
building is not in the best of condition.
401 = Maintenance Buildinq
This is a concrete block building with a two story middle
section and service facility, each side and a small
maintenance garage.
2350 - Club House & Restaurant
This building is a concrete heavy timber structure with a
cedar shingle roof. This roof has areas that are leaking.
The perimeter deck is in need of repair. Bathrooms and
locker rooms are also in need of repair.
The building contains two handball courts, saunas which are
not in operational condition, restaurant bar and pro shop.
These facilities also suffer lack of maintenance.
Conference Center
This single story building is concrete block clubhouse and
bathroom facility with a pool area which is also suffering
from lack of maintenance.
f
,
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Iru ;~~~'~3~8 ~FB~~~~~~I~~~~:~4~F SOUTH PALM BEACH ~~~NTY
~, "'_i
June 26, 1989
STATEJ.;E!\'r TO DELRAY BEAC:! CITY I.; Ol.:JliISSI 01; NEErlliG or JUI~E 27. 1989
MR.MAYOR, CONNISSIONERSI
I AN Il\GRill ECnER OF 2750 SEACREST BLVD., DELRAY BEACH. I AM l'.ERE AS
DIRECTOR OF CITIZEN ELUCATION FOR THE LEAGUE OF WONEN VarERS OF SOurH PALH BEACH
COUl\'rY.
EARLY THIS YEAR THE LEAGUE OF '.CNEii VarERS OF THE U.S. OF WHICH ;IE ARE A
PART EMBARi.ED ON A PRCGRAM ENTITLED "AIJVCLATE FOR THE VarER". THIS I.;ANE ;.3GJI'.OLT
OF OUR DEEP CONCERJi OVER THE FAG'T THAT PARTICIPATION Ili ELECTIONS AT ALL LEVELS
OF GOVERNMEI\"!' !!AS BEEN DECLINING FOR W.E PAST 30 YEARS. THE RESEARCH Il\ COIiNECTION
"ilITH THIS PRO::;RAH WILL CON'I'lNUE } OR Ki LEAST Tl'.E ilEXT YEA.1l BIlr IN THE l'iEAiITIEE WE
HAVE LEARN'ED THAT THE TUlING OF ELECTIONS IS VERY INPORTAlfr AS IS THE C1wERS'I'M.DING
OF ELECTION-RELATED ISSUES.
FOR THESE REASONS WE RESPEG'TFULLY SUGGEST T!!A'I' YOU SEI THE DATE r OR TilE
2LECTlm; PERTAIiiING TO Tl'.E DECADE OF EXI.;ELLENI.;E BOND ISSUE NO EARLIER THAi, THE
1st TUESDAY A}'TER THE 1st HONDAY IN NOVEKBER ';HICH IS NOVEMBER 7. IT HAS EEEI;
REPORTED THAT YOU ARE CONSITJERHG HOLDING THE ELEG'TION IN O::;TOBER WHICE.,OLLD
DISENFRANCHISE MANY OF THE ELECTORATE O~ DELRAY BEACH SINCE THEY ARE AI,AY FOR THE
SUHNER. THEY PJlVE NO illEA T!!AT All ELECTION IS TO BE HELD A};D THERE}'ORE ..OULD IWl'
!!AVE Ar.-Y KNOWLEDGE OF THE ISSuE NOR THE OPPORTUJiITY TO SEClJRE AN ABSENTEE BALLCIl'.
THESE BONDS WILL BE PAill OFT OVER A PERIOD OF 20 to 30 YEARS AND IT SEEHS OiiLY
RIGHT THAT THOSE WHO WILL BE PAYING FOR THE~1 SHOL'Ll) HAVE AN OPPORTUNITY TO LilJlERSTAND
THE ISSuE. AT FRESE),,,!, THERE IS );Q ELEC.'TION SI.;HEDULED FOR i'iOVENBER WHICH hEAI;S THAT
THIS ilOULD BE A SPECIAL ELEC.'TION AT A COST OF UP TO $10,000.
Hi ORDER FOR MORE PEOPLE 1'0 lJNDERSTMJl THE ISSUE AND TO !!AVE AI'i CEi'ORTUNITY
TO EXPRESS THEIR WISHES AS \lELL AS TO AVOill THE COST OF' A SPECIAL ELECTIOli, 'rIE
SUGGEST YOU CONSillER PLACING THIS NATTER ON THE BALLar OF YJlRCH 13. 1990 WHICH IS
THE DATE OF' THE NEXT NUNICIFAL ELECTIOii.
IN AN EFFom' TO HAVE AS FGLL PARTICIPATIOli AS POSSIBLE BY THE ELECTORATE m'
DELRAY BEACH, liE URGE YOUR CONSillERATION OF' THIS SUGGESTION.
T!!ANK YOU.
\\
,
MINUTES OF THE WORKSHOP MEETING
OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA
HELD MAY 16, 1989
Present: Mayor Doak S. Campbell, Commission Members William Andrews,
Patricia Brainerd, Mary McCarty, Jimmy Weatherspoon, City
Manager Walter O. Barry and City Attorney Herbert W.A. Thiele.
The meeting was called to order at 7:00 P.M.
1. Continued Use of Restrooms at Veteran's Park (Mayor Campbelll.
Mayor Campbell reported he has received several complaints about
the restrooms. The City Manager stated he, Mr. Weldon and Mr.
Barcinski toured the Park today and specifically looked at the
restrooms.
Joe Weldon, Director of Parks and Recreation, stated he did not
see the restrooms as the issue; they are closed at night and not
open to the public. The problem with the Park is it is under-
developed and needs renovation; they have a tentative Master Plan
that was worked on several years ago and'he recommends that this
be brought before the Commission to approve so they know in what
direction they are going. He advised that one of the best things
they could do is add additional lighting to more adequately secure
the park after dark. They hope to eliminate a certain element of
people who hang around the park by the use of additional screening
and increased police protection and park patrol.
The City Manager added that this also involves the relocation of
the shuffleboard courts to somewhere east of the Adult Center. They
are going to go back in with water and sewer revenues and landscape,
sod and, hopefully, irrigate at least the southerly portion of the
park which will stay pretty much intact around the memorials. The
difficulty is moving along the people they don't want to congregate
there and he believed the relocation of the shuffleboard courts
would accomplish this.
Ms. McCarty stated she felt the restrooms do contribute to the
problem; even though they are closed at night she felt it might
cause someone to spend the night there knowing they would have
facilities readily available to them in the morning.
Mr. Andrews suggested posting signs regarding hours of use of the
park.
Sandy Simon, Atlantic Plaza, adjacent to the Park, stated they have
their own security guard; however, there are gangs that go into the
Park at many hours of the day and night. He has had his car broken
into during the day and there have been windows shattered and
clothes stolen. The guard reports that from about 2:00 A.M. to
5:00 A.M. five to ten youths congregate in the Park and go over to
the Plaza and into the neighborhoods. Mr. Simon advised he felt
the Park really needs attention.
Minutes of the Workshop Meeting held May 16, 1989
Page 2
Roy Foster, 825 N.E. 1st Street, (first house north of the Park)
reported that last year he lost $5,000 worth of storm shuttering,
had two attempted burglaries and has lost $1,000 worth of porch
furniture this year; his insurance has been cancelled twice. He
has had to install a stockade fence and get a guard dog and feels
people should not have to live like this.
Joseph Gwynn, speaking on behalf of the merchants along N.E. 8th
Street, reported they have the 7-11 to contend with where the young
people can buy beer all night; they drop their cans and bottles
across the street at the stores. Mr. Gwynn stated he cleans these
up early Sunday morning as he is ashamed to have the people who
park there for church see the mess. He doesn't understand why the
Commission cannot dlose the 7-11 at g:OO P.M., as they admit that
sales after that time are 80% beer.
It was the consensus of the Commission to have the City Manager come
back within a month with a progress report as to Veteran's Park.
2. Board Appointment and Procedure (Vice Mayor McCartyl. Ms. McCarty
reported they do not have an established procedure for board
selections. Due to what happened at last week's meeting with
regard to the P&Z Board appointments, a procedure other than the
traditional one, was put forward and it was based on false informa-
tion. That information being that they were now going to appoint
people by seniority,other than Ms. McCarty who made the last appoint-
ment. After going back through the records and confirming what she
believed to be true, she has not, in fact, made any P&Z appointments
in the two years she has been on the Commission. She felt there
should be a set procedure. She suggested that the Commission look
at the possibility of that appointment being invalid based on the
false information and the way the appointment was done last week;
also that they reappoint the seat. She would like the Commission's
thoughts on this.
Mayor Campbell stated he did not feel they could invalidate the
appointment; however, he apologized if, in fact, he was in error
in recognizing who made the last appointment. To keep everything
fair, Ms. McCarty would get the next turn.
Mr. Weatherspoon advised he thought it would be an embarrassment if
they had to invalidate this appointment. No other Commissioner
wished to invalidate.
Ms. McCarty stated she is proposing to do a rotation based on
seniority beginning with herself, then going to Commissioners
Weatherspoon, Brainerd, Andrews and also including the Mayor. If
the occasion should occur that a member of the Commission makes a
motion on someone and that appointment not get a majority, then the
Commissioner that had that appointment would have the chance to come
up with someone who would be acceptable. She believed there should
Minutes of the Workshop Meeting held May 16, 1989
Page 3
be a separate rotation for each board and basically have the
Clerk's Office keep track of it.
Mr. Andrews advised he would prefer that, in this process, either
(1) the list from which the Commissioner has to pick from is
given to them in advance so they can interview all the people
or (2) a Commissioner says he is planning to appoint a certain
person, so he (Mr. Andrews) can interview him and judge for
himself whether he would like to vote for him. He would like
some lead time to know that the endorsements are in place and
have a chance to ask some questions.
Following discussion, it was the consensus of the Commission to
look at Ms. McCarty's suggestion favorably and have the City
Attorney help prepare a policy statement.
There was discussion on reappointments. Mr. Andrews stated he
would like to go to a straight three year term for the P&Z Board.
Ms. McCarty mentioned they are going to be discussing the
reorganization of the Boards this summer; perhaps this might be
the time to discuss those things. Mr. Weatherspoon was not in
favor of changing the process of two two-year terms.
4. Police Athletic Lea ue PAL Recommendation from the Human
Relations Committee Human Relations Committee. Clifford Durden,
member of the Committee, advised that about two years ago there
was some discussion regarding the establishment of a PAL; however,
they did not come to any definitive determination as to what to do
about it. The Committee has suggested that the City take another
look at the establishment of a PAL in Delray Beach; they feel that.
the major objective would be to improve or enlighten the communica-
tion between the Police Department and the young people. It has
also been their belief that an organized method of handling anything
is far superior to something not organized and this would be an
organized means of working with these young people. Mr. Durden
stated he would like it understood that it would not be in competi-
tion with the City's Recreation Department. They feel that PAL
should not be limited to athletics but should include cultural
types of things as well, such as plays and concerts. He is basic-
ally asking to establish a committee to look at the possibility
of starting a PAL type of organization.
Ms. McCarty advised she is very much
expressed her interest in serving on
of the Commission that they would be
committee.
in favor of
that board.
in favor of
the program and
It was the consensus
establishing this
The City Manager suggested the FOP as an additional membership
category. He was given direction to propose a committee and come
back to the Commission.
Minutes of the Workshop Meeting held May 16, 19B9
Page 4
3. Worksho Meetin s of the Commission - one each month Commissioner
Andrews Mr. Andrews advised he has noticed the workshop meetings
basically get over about 9:30 P.M. He felt with four meetings in
a row, some breathing space might be good for all of them; it would
also help with scheduling of business meetings or out of town trips
by deleting the second workshop of the month.
Mayor Campbell stated he would be in favor of this; with the proviso
that if time is of the essence they would be willing to call them-
selves into session to deal with those matters. Mr. Andrews
mentioned in this regard that if there is something that pressing
he would not mind coming in the next day or adding it to the end
of a Regular Agenda meeting. Mr. Weatherspoon commented that he
felt they need to meet as frequently as the business dictates; if
staff can coordinate that, he would have no problem with the
elimination of one workshop.
The City Manager stated they may have some built in time at the end
of the regular meetings that allows some flexibility as long as
the meeting doesn't go too long.
5. West Atlantic Avenue Con ress to Militar ) DOT 1m rovements
Schedule, City Beautification and Code Enforcement Vice Mayor ~cCarty).
Ms. McCarty commented she believed there is a lot of confusion ln
the community with regard to West Atlantic Ave., especially concern-
ing the widening and beautification schedule. If it is the Commis-
sion's preference not to widen this portion and keep it to four lanes,
she then wanted to know why they are taking out the beautification
funds and deferring them. Ms. McCarty asked if the Commission is
in favor of the current plan by the State and the ongoing design
by the County to six lane W. Atlantic or are they going to fight
the process that has already begun and try and get it to four lane.
Frank Spence, Director of Development Services, reported that as
of today they have secured the Master Plan from the County for the
six laning of West Atlantic Avenue from 1-95 to Jog Road. It will
eliminate the landscaping in most medians because of the tight
restrictions of placing a six lane highway with left hand turn lanes
and six foot sidewalks. A year from now 100% of the plans will be
completed; in October 1990, the County will do its construction
schedule, in 1990-91 they will acquire the necessary remaining
right-of-way and in fiscal year 1991-92 they will begin construc-
tion for the six laning.
The City Manager advised they have been discussing with the residents
of the Hamlet and other areas about when the City is going to fulfill
the promises made several years ago with regard to landscaping. To
put any improvements in now would mean they would effectively be
torn out within two years.
Discussion followed with regard to landscaping ideas.
Minutes of the Workshop Meeting held May 16, 1989
Page 5
Mayor Campbell advised that he is still opposed to the six laning
of West Atlantic Avenue; he believed it would have adverse effects
on the communities on either side since it is allowing more cars
who are coming from areas west of Military Trail to pour onto our
streets. Mr. Weatherspoon commented that the traffic is still
going to be there, whether it is widened or not. Ms. McCarty felt
that if they don't widen Atlantic Avenue the traffic will be pushed
onto the residential roads, for example, Lake Ida Road. She is
also concerned with the new bond issue; if it passes they are not
even sure there is much they can do to beautify the road, so it
is doubtful the people west of 1-95 will want to buy into all these
"ifs". She would like to do something sooner as these people have
been promised and promised.
Mr. Andrews suggested a policy program to work with the individual
property owners now that they see what they have to work with and
that there isn't a right of way to do any plantings on. Somehow
get those things into a plan where they can get it planted and the
road looks good.
The Commission discussed the possibility of going to the designer
and finding out what they can do, what it will cost and get some
community input. Mayor Campbell stated he would like to see the
quality of care along this roadway a little better, i.e., weeds in
the medians. Ms. McCarty suggested a Code Enforcement sweep of
this area also.
Jay Slavin, Rainberry Bay, advised that within the month the County
will be seeding Lake Ida Road from Congress Avenue west to the
small bridge when they come to mow Congress Avenue.
It was the consensus of the Commission to have Kettlehut revisit
the plans in conjunction with the new design element from the County
and see what can be done.
6. Inde endence Da 4th: Discussion about Fireworks and S onsor-
shi Cit Mana er. The City Manager advised there have been
numerous questions and issues raised concerning the City's role
in the 4th of July festivities. This item is presented for Com-
mission direction. It appears there is still a window of oppor-
tunity for a fireworks display at the beach; however, he felt
fiscally it cannot work with the existing budget and they do not
have sponsorship.
Ms. McCarty commented that even if you just have fireworks there
will be at least 20,000 people at the beach. For the record she
stated the previous year's event took months of planning and related
the background of the preparations and the people involved. She
advised that unfortunately this has been made an issue and she ,as
a member of the planning committee, has been accused of making money
Minutes of the Workshop Meeting held May 16, 1989
Page 6
on the event and there have been investigations, etc. She felt
this was ridiculous to be put through this when she had volunteered
her time and emphasized that this was a City sponsored event. Ms.
McCarty stated the Commission needs to be very specific as to what
they want and don't want this year, if indeed, there is time to
organize it.
Mr. Weatherspoon stated he felt for the most part that the fireworks
display should be put on primarily by some public entity, but certainly
the City should contribute to that fund.
Mayor Campbell asked if it was the consensus of the Commission, with
no problem on the part of the legal staff, that in lieu of having
private sponsors, that the City adopt the 4th of July fireworks as
an official City event and pay for it directly. Discussion followed.
Ms. Brainerd suggested that the Public Information Officer solicit
some civic organizations, the Chamber of Commerce and business people.
She would rather see a private organization come forward to take a
leadership role and tell the City what they would need from them.
The City Manager commented that his reading from the Commission had
been that the City should not do anything unless someone came forward
to sponsor the event and that is why staff had not done anything.
Mayor Campbell suggested to the City Manager that a good place to
start might be with the Firefighters Benevolent Association which I
has handled this in the past.
Jerry Taylor, Sunrise Kiwanis, read a statement regarding their
sponsorship of the fireworks last year. He felt the criticism
they received was an insult to the committee and in good conscience
he would not advise the Kiwanis to lenu their support this year.
Larry Sweat, Exchange Club of Delray Beach, stated he felt other
clubs should get involved in this event in order to make it run
more smoothly and help with the traffic problem. Speaking for
his club, he would be willing to support any organization or
business that intends to help with this celebration.
Dudley Remus, resident of Delray Beach, advised he has had many
years' experience in putting on civic celebrations allover the
country and would be glad to sit on any committee to help with
this. He felt there should be parades, picnics, concerts, family
gatherings, etc., and there should be a free will offering from
the public to help pay for the fireworks.
Elizabeth Matthews, representing the Beach Property Owners Associa-
tion, endorsed Mr. Remus' comments regarding City wide old fashioned
Minutes of the Workshop Meeting held May 16, 1989
Page 7
family kind of-4th of July, all designed for local residents. She
did not feel it was necessary to advertise to bring in hordes of
people from as far away as Fort Lauderdale.
Bill Tyson, Delray Beach Board of Realtors, stated he felt if they
were approached, they too, would be willing to give the support
that is needed.
Joe Weldon, Parks & Recreation, commented that he has some concern
about the limited amount of time that is left to organize the event;
he assumes they are just talking about a fireworks display. Even
so, he anticipates the same number of DeoDle as last year. Mr.
~eldon stated they can get th~ fireworks company, the_Coast
Guard will petition DOT and the County to regulate the bridge open-
ings, they can get the Marine Patrol to patrol the barge and they
have received cost estimates on some other things. He advised he
believed the manpower requirements are certainly going to be the
same as last year based on the estimate of people to expect.
Mr. Weatherspoon stated he would like staff to give first priority
to the fireworks display and then build upon that. He suggested
contacting the contractors, consultants, architects, etc. and asking
them to contribute toward the event. Mr. Andrews commented that he
believed it is the City's responsibility to see that the fireworks
go off properly and safely and also be responsible for the traffic.
When you 90 to the amenities of the day, that is when he felt the
various clubs could step in and sponsor. Ms. McCarty stated the
music was one of the major problems and she believed it should be
made a policy that the music selection come before the Commission.
They may even want to make a policy that no beer or cigarette
companies become involved.
The City Manager summarized by stating that he believed staff is
prepared to do all it can do to make the fireworks display come off;
it is going to cost $28,750 plus staff time. He needs to understand
from the Commission that on the May 23rd agenda that they will waive
the bidding requirements so the City can award a contract to the
fireworks company; he has to send a letter to them tomorrow. Also,
that the City will pick up the cost of overtime for staff, which
will probably be about 60 people.
There was discussion regarding the insurance for the event. The
City Attorney mentioned that for the first time there is a Florida
League of Cities Special Events Policy that a City can get on a
one shot basis.
It was the consensus of the Commission to see what staff can come
up with, what interest is shown by the Community and have this item
on the agenda for next Tuesday night. They agreed that the City
should be the main sponsor of the event.
Minutes of the Workshop Meeting held May 16, 1989
Page 8
7. Auburn Trace: Discussion of meetin with HUD in Atlanta, 9:00 A.M.
Thursda Cit Mana er. The City Manager advised that apparently
the Auburn Trace Joint Venture has been discussing some contract
items with HUD; HUD has called the City and the Joint Venture people
in to try and iron out a final understanding on the contract.
Lula Butler, Director of Community Development, advised this meeting
was motivated by a proposed supervisory management fee proposal
submitted by Joint Venture to HUD and involves a fee for services
between the general partners and the limited partners. She believed
HUD has taken the position that this is in conflict with some of the
terms of the UDAG agreement. If this contract is to be executed
between the two groups then a modification would have to occur to
our current grant agreement. HUD would like to do some clarification
on this and they do intend to resolve it on Thursday.
The City Manager commented that staff has some problem with this, only
because the City has not been involved with them on a one to one
basis to understand why it is they are seeking what they are seeking,
what they are trying to accomplish and why they haven't been able to
get something on the agenda approved.
Jay Feldner, Joint Venture, advised that all the correspondence between
Auburn Trace and HUD has been going through Assistant City Attorney
Kurtz and he has a copy of everything sent except this last document
referred to. This was only a clarification of an item on the UDAG
which was a very poorly written portion, and he stated that this
clarification is to the City's benefit; they have nothing to hide.
Ms. Butler stated that what she got from conversation with HUD today
was that they have problems with the draft agreement that is proposed
to be executed between the general partners and the limited partners;
they need a round table discussion for clarification and want to make
sure everyone hears the same thing at the same time. Discussion
followed.
Mr. Weatherspoon commented that staff is in line with HUD; the Joint
Venture is what is not in step right now. based on their interpretation.
The City Attorney reminded the Commission that it is the City's grant
and that is why we need to be at the meeting.
It was the consensus of the Commissionto have staff go to Atlanta
and listen to the change; they are happy with the contract and HUD's
interpretation and not receptive to modification of the Grant agree-
ment.
8. Added Item. Bill Tyson, Tyson Realtors, Andrews Avenue and N.E. 8th
Street, advised that about a week ago they discovered that Andrews
Ave. north of N.E. 8th Street was on the City's list of streets to be
Minutes of the Workshop Meeting held May 16, 1989
Page 9
auctioned off. Also, that N.E. 8th Street was to be dual named
to George Bush Boulevard. Several people in this area went out
and sol icited opinions of the ".neighborhood about these name
changes. He has a petition of 27 people that live on North
Andrews Avenue who say they would be vehemently opposed to
having the name changed; also a list of 363 other people who
say they would be opposed to the name change of Andrews or
N.E. 8th Street.
Discussion followed. Mayor Campbell suggested that since this
item is not on the agenda of the workshop, that Mr. Tyson or
others contact the City Manager's Office or any Commissioner for
any further action.
The meeting was adjourned at 9:50 P.M.
SHM/csh
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MEMORANDUM
, ,
TO:
Walter Barry
City Manager
FROM:
Joe Weldon
Director of Parks & Recreation
SUBJECT: LAVERS TENNIS CENTER
DATE:
June 23, 1989
Attached please find the following information concerning City
Commission's requests on Lavers Tennis Center.
1) Report on conditions of buildings and facilities
from Mr. Sanzone, Chief Building official. Mr. Sanzone
estimates on expenditure of $500,000 to bring the buildings
into acceptable condition.
2) Aerial photograph showing several options of access off
of 'sw 4th Avenue.
3) Aerial photograph of existing tennis facility. Its my
understanding that we own the parcel immediately west of
the Community Center, an which 4. possibly 6 additional
tennis courts might be built along wit~ the redesign of the
existing facility. .
4) I inspected the tennis courts at Lavers and found the
court surfaces to be.Ln fair to good condition. The color
coating on the hard courts is in relatively good shape as is
the clay surfaces or most of the soft courts. Weeds, broken
water fountains and fencing in need of repair is an indication
of lack of general maintenance. I was not able to ascertain
the condition of the lighting system or irrigation system.
-~U=~.2Q'-L_____
Joe Weldon-Director
P r s and Recreation
JW: giv
cc: Bob Barcinski-Assistant City Manager
File
REF:LAVERS.DOC
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SUBJECT:
MEMORANDUM
FRANK SPENCE, DIRECTOR, DEVELOPMENT SERVICES
LULA BUTLER, DIRECTOR, COMMUNITY IMP~6vEMENT
JERRY SANZONE, CHIEF BUILDING OFFICIA~.
PRELIMINARY INSPECTION OF LAVER'S INTERNATIONAL TENNIS
FACILITY
TO:
THRU: .
FROM:
-------------------------------------------------------------------
On Tuesday, June 20, 1989, I met with Mr. Devine, General Manager
of.the the facility, and visually inspected the four (4l existing
buildings at the above referenced site. Based on a preliminary
evaluation the city can probably anticipate an expenditure of
approximately $500,000 just to bring this facility into an
acceptable site. The buildings are suffering from long-term
neglect. The following are my findings:
651 ~ Reception Area and Offices
This complex consists of four (4l modular buildings: 3 two
story buildings and 1 single story with offices and
perimeter decks all inter-connected. The decks are in need
of repair - windows have been scratched on one side of the
double glazing.
Each'building is fully sprinkled.
The roof is hand split cedar shingles and wood siding. The
building is not in the best of condition.
401 ~ Maintenance Building
This is a concrete block building
section and service facility,
maintenance garage.
with a two story middle
each side and a small
2350 - Club House & Restaurant
---
This building i~ ~ concrete heavy timber structure with a
cedar shingle roof. This roof has areas that are leaking.
The perimeter deck is in need of repair. Bathrooms and
locker rooms are also in need of repair.
The building contains two handball courts, saunas which are
not in operational condition, restaurant bar and pro shop.
These facilities also suffer lack of maintenance.
Conference Center
This single story building is concrete block clubhouse and
bathroom facility with a pool area which is also suffering
from lack of maintenance.
1
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[ITY DF DE1RAY BEA[H
~ ~
100 N.W. 1st AVENUE
DEL,9AY BEACH, FLORIDA 33444
407/243-7000
MEMORANDUM
TO:
Mayor
M:::g:r]Z
/
FROM:
City
SUBJECT: AMENDED AGENDA
DATE: June 26, 1989
Attached are several items which should be added to your packet for
tomorrow night's meeting. The first is Agenda Item 8A, an Ordinance
amending the sign code ordinance which will effectively allow the
Tropic Isle' entrance way sign to be constructed.
Also attached is additional
the Prearrangement contract.
enclosed in your packet.
information for Agenda Item 23 regarding
This sUpplements information which is
I have also attached a map
inspection patrol areas which
Friday.
There will be an additional.agenda item on the Consent Agenda, Item No.
26A for ratification of Auburn Trace closing documents. The substance
is no different than that information contained in the present UDAG
agreement. The closing documents include an agreement for our
promissory note, mortgage financing, and a loan agreement for the UDAG
which includes a hold harmless agreement and management practices which
the Commission had requested last week. This information is not yet
available from the developer and will be handed to you Tuesday evening.
color coding those Code Enforcement
I referenced in my Manager's Report on
Item 22 on your Consent Agenda is the Old School Square Lease
Agreement. This agreement is consistent with that discussed at your
workshop meeting last week. In order to adopt the agreement however a
public hearing must be held and so Item 22 should be included
immediately before Public Comments and will become Item 5A.
WOB:cl
Encl
THE EFFORT ALWAYS MATTERS
". 1
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:";'"
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'I, " .'1111 ," f " II .", I I'
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AMl\NDMENT NO. 1 TO Taa M1\USOt.EUM ~llI.ES AND
DEVELOPMENT AGREEMENX.
Amendment No. 1 made to the Mausoleum Sales and
Development Agreement dated January 5, 1988 by and between the
CITY OF DELRAY BEACH, a municipal corporation existing by the
virtue of the laws of the State of Florida (heJ::einafter re-
ferred to as the "City") and PRVln~lUiGBM!NTS. OF DELRAY, INC., a
Florida corporation.
Whereas, the City owns and operates Cemeteries located in
the City of Delray Beach, FIQrida wttich contains certain vacant
real estate dedicated for cemete.r.y purposes.
,Whereas, the City had previOUSly, on January 5, 1988,
entered into a Mausoleum Sales and Development Agreement with
Total Prearrangement, Inc., a Floriaa corporation, for the
purpose of conducting a sal.es program. and construction of the
mausoleum for the City; ~
Whereas, Prearrangements of Delray, Inc. has received an
assignment of that agreement frOll! Total Prearrangement, Inc.;
and
Whereas, in accordance with Section a, Assignment, of this
agreement., the City approve~ Prearr.an.gements o:t Delray, I.nc. as
the assignee to thi.s ~g:reement.; and
Whereas, Prearran9el1lents of Delray, .Inc. has assumed
certain liabilities of Tota.l Prearrangement, Inc. running to
the escrow accounts contemplated and COlll'll1.ssians due the City
pursuant to this Agreement; and
Whereas, the City has retained the accounting: fim of
Ernst and Whi.nney to review the books of Total Prearrangement,
Inc. and prepare a r.eport as to the amounts due in commission
to the City and escrow accountl!l';
, ,
, ,
NOW ,THEREFORE., in oons1.deration of the premises., cove-
nants and agreements herein containeli, it is understood and
agreed by and between the. parties hereto as follows:
. .
l. That,the City approves and consen.tB to the assig~t
of this Agreement from Total prearrangement, Inc. to Prear-
, ,
rangement of Delray, Inc.
2. Tha.t Section 5, COlllDensation. of ManaQement, Paragraph
(a) is hereby amended to read. aa fO~low$:
(a) Management:
shall
receive
seVentY-five
percent (7S%} of the prooeed.a f~ the sale of eaeh
lawn crypt, maUBole\llll crypt or niche and City shall
receive twentY-five percent 125\l of the proceeds.
Management allalL receive eighty percent (80%} of. the
prOceeds from the: sale of any and al~ cemetery goods
and services Ides.cr.l);)ed. in Para~aph 4.Li1 and City
sha.ll receive twenty percent (20%l of such proc.eeds.
,Management shall receive fifty perCent (50%) of the
proceeds from the sale Of ea.ch grave. space. and City
shall receive fifty per.oent (50%) of such proceeds.
Proceeds under. this paragraJlh are defined as being
the gross se1110.g price of any item or unit. If
contracts are financed, then such amount shall be
paid to the City and Management When. funds are
received. If contracts are not finaoCed and are held
<is house accounts, then payments s'ha~l bemaa.e to th.e
Mana.gement and City and to tbe escrow aCcount from
each payment on a proportionate basis as payments are
rec:ei ved.
follows:
3. That section 12, Records. i8 herelly amended to read as
Management shall maintain daily logs of all
sales activities which shall be availabl.e for inspec-
tion. upon City's reqt.lest. Within thirty (30) days of
the anniversary date of this Agreement,. ManagE!lllent
shall submit to the City an.annllal financial state-
ment audited by a Florida C.P.A. Certified Public
Accountant. which shall include ill statement of
Management's profits and losses. related to this
Aqre.ement wi t;h such revelU1e and expeD.diture detail as
, ,
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'- I ! I III IIH I!l, '_. 1.I1! j'_l
III 11,-"
11111' '-- I /1,'1_,1_, .11.111 .....'1.,. :__:'_1 1,': 1.11' 1.1.1/1
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required by the City. City shall have the right to
. .
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inspect all recoxds of Mana.9ement and shall have the
right to audit any and all statements" books, or
records.
4. That Section 8, ASsignment: is hereby amended to read
as follows:
Management shall have the riS/ht to assign this
contract to an entity or individual.. with similar
expertise 1n the cemetery industry af,tar giving City
Sixty (60) days notice of such proposed assignment
and after receivin9 the written consent and approval
of City to such aSSignment.,
Assignment as referred to above shaJ.l inclUde
any and all sales. assignment, tr~fer. cOllaterali-
~ation, or other diSJ)Osition of any and all stock.
certificates. riqh,t titl.e and/or interest in and to.
Prearranqemen.ts of. tIelray. Inc. to any person or
entity other than. Russell Yeaaer.
3. Section 16, No.tices shall be amended to reflec.t
that all notices shall be Sent by registered or cert1.fied
mail to:
Management:
Russell Ye.a.ger.
Prearrangements of Oe.lrav.lnc..
110 E. 1\tlantic 1\venue, SUite 114
Delxay Beach, l!'loJ::ida 334."'-
4. Section 12, Atbitrationt is; hereby amended to ref.lect
the correction of a typograpniCal error and shall. be renumbered
Section 2Q, Arbitration.
5. That a new Sec,tion 21 is hereby created to read as
follows:
.' ,
Section 21. Use of Escrow Accounts. . The escrow
acoounts required pursuant to Section 4 of this
Agreement may not be di:awn u1>on wi~out the signa-
tures of both the authori~ed.des~gnee of the City and
Pre.a.rrangement of Delray, Inc. All the f,unds. lll4in-
tained in the escrOW' accounts. shaJ;l. be fUlly invested
-3-
CITY ATTO~NEY'8 OFFICE
TEL 1'10.
407 278 4755 Jun 26.89 17:08 P,05
. .
in mutually agreed interest bearing investments.. To
the extent the man1es wi thin the escrow accounts are
, ,
113 excess of that neec;lec;l to fund the construction of
burial spaces a.nd/or the purchase of merchl'lIi'Use.,
such monies may be tI:lI.ns-feo:ed to the general account
of prearrangements of Delray, Inc.
6. That a. new Section 2.2 is hereby created to read as
follows:
Section 22.
To the extent that the City
determines that Total prearrangement, Inc. trans-
ferred a grave space to a. purChaser at no Cost to
said purchaser: and did not keep record of such
,transaction, prea.rrangements of Delray, Inc. sha.ll
pay the City One HUndred Seventy-Pive Dollars
($175'.60) per such space. up to eight (8) spaces per
year. prearrangeme.nts of Delr:ay, . I=. will not be
enti.tIed to any compensation for such transac.tion.
7. That a new Section 23 is hereby created to read as
follows:
Section 23.
Arrangements for the buria~ of
the indigents shall on~y be made 10'1 th the express
approval of the City.
Prearrangementa' of Delr:ay,
Inc. shall not be. e.ntitled to any: cOIllpEllJ.sation tor
the sale of such burial spaces.
8. That a new SectiOn 24 is hereby created to read as
follows:
Section 24.
Prearrangements Of Delray, Inc.
shall fully fund any and all deficioncies the City
finds to exist in the escrow accounts. required to be
maintained by Section 4 Of tbis Agreement.. Construc-
. ,
tion account escrows relate4. to mau..soleUnl crypts and
niches funded within thir-ty (30). days of the dAte of
this Agreement. ~erchandise an4. lawn crypt escrow
aocounts, as re~re4. by Seot!on4(i) and (j) of the
Agreement, shal~ be fUlly fUnded wi.thin. 180 days of:
the date of this Agreement.
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CITY RTTORNEY'S OFFICE
TEL No.
407 278 4755 Jun 26,89 17:08 P.06
. .
follow:
9. That a new Section 25 is hereby crea.ted to read as
i'
Section 25.
Prearrangements of Delray, Inc.
shall pay all arrear.ages. up to $aO,ooo.OO due to the
City pursuant to se.ction 5 of this Agreement.
Repayment of commission amounts shall be as f.o~lows:
a. As to any commission. that the City and Prear-
rangement of Delray determines that to be. due in
excess of $60,000.00, such arreara.ges in excess of
$60,000.00 will. be paid. to the City within thirty
(30) days of the date of the Ernst and Whinne.y
report.
b; The remainder of the commias.t.ons due at a rate
of be paid at a rate of 1ll,000.00 a month tor a
period of up to ti ve (5) years from the date of this
Agreement until such time as the pr1ncipal amount due
has been satisfied.
o. To the extent. there are pre-tax protits. and
commission. arrearage.s owed to City, the City shall
share in fifty percent (50\) of the year end pre-tax
prOfits, which sha~l be used to pre-pay the
a:n::ear.ages until the PI'inc:.1paJ.. sum, deteJ:lllined by the
C1ty to Pe due, has been satisfied.
The obl.igations of Prearrangements of De.lray, Inc. to
pay the arrearages 00 the commi~sion$ and eserow accounts shall
bear no interest. However, 1f default be made 1n the paj11llent
of any of the swns mentiOned herein. then the entire principal
sum, at the option of the City, becOIlle due and collect1b~e and
said principal sum shall bear interest from suoh time until
paid at the highest rate allowable under the laws of the State
, '
of Flori~a. Fa11ure by the City to exercise'this option shall
not constitute a waiver ot the right to exercise the same in
the event of any subseClUe.nt c1etauJ.t.
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IN WITNESS' WHEREOF, the afore.mentl~~d parties
hereunder set their hand this day and year'~irst above written.
ATrEST,
By:
Witness
RUSSELL 'iEAGlm
Witness
ATTEST:
ern: OP' DELRAY BEACH, FLOIuDA
By:
City Clerk
By:
Mayor
Approved as to form~
C.l.ty Attorney
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~!TY RTTS2NEY'S OFFI~E
TEL 110.
407 278 4755 Jun 26.89 15:44 P n~
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310 S.E. 101 STRlll;T, SUITE 4 , DELRA Y B~;ACII.I'LORJl)A 33483
407/243.7090 . TELf:COrl~R 4071278-4755
MEMOR1>.NDUM
Date: ,:rune 21, 1989
To: Walter O. Barry, City Manager
From: Jeffrey S. Kurtz, Assistant City Attcme.y
Subject: Entrance Gate Signs
Commissioner McCarty contacted cur . office .on June 15 and
requested that the enUance gate. ordinance l:le placed on an
upcoming City Commiss.ion agenda for their consideration. I
have attached a copy .of the proposed ordinance and my previous
memorandum to the Conmt1ssion concerning this matter.
Should'you have any questions concerning thi.s matter, please do
nct hesitate to contact cur offic.e.
JSK:sh
Attachment
cc: City Commission
Frank Spence., DirectoJ:: of Developalent. Se.rvices
Lula Butler, Directar. .of COlllmUn.ity Improvement
JOYCE! Desormeau, SignS/License Jldministra.tor
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C:TY 8TTORNEY'S OFFICE
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ORDINANCE N(). 3 ~ - H
1>.N ORDINANCE Of THE CITY COMMISSION Of THE CITY OF
DEL!V.Y BEACH, fLORIDA, AMENDING TITLE 15, "BUILDING
REGULATIONS", CHAPTER 162, "SIGNS AND B1LLB01llUlS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDl>., BY AMENDING 162.004, "tlEP'INITIONS",
"ENTRANCE GATES TO DELETE CRI'I'ERIA FOR RESIDENTIAL
SUBDIVISION IDENTIFICATION SIGNS FROM THE DEFINITION
OF ENTRANCE GATES BY AMENDING "PlmMIT'I'ED SI.GNS,
REGULATIONS", SECTION 162.035, "SIGNS PERMITTED AND
REGULATED IN ZONING CATEGORIES", SUBSECTION A,
"RESIDEoNTIAL R-1AAA AND R-1AAAB, BY REPEALING
SUBSECTION (A) (5), AND RENUMBERING SUBSECTION fA) (6)
TO ( A) ( 5), BY AMENDING SUBSECTION B, "RESIDENTIAL
R-1A, R-1AAB, R-1AA AND R-l1~B, SUB-SUBSECTION 1 BY
ELIMINATING REFERENCE TO SUBPARAGRAPH (A) ( 5) , BY
AMENDING SUBSECTION C, "RESIDENTIAL RM-6 AND PRD 4,
7, AND 10, SUB-SUBSECTION 1 BY REPEALING REFERENCE
TO SUBSECTION (A) ( 6 ) ; BY AMENDING SUBSECTION D,
"RESIDF..NTIAL 1m-10 1\ND RM-15, SUB-SUBSECTION 1 BY
DELETING REFERENCE TO SUBSECTION (A)(6); BY EN1\CTING
A NEW SUBSECTION 162.047, "RESIDENTIAL SUBDIVISION
ENTRANCE GATES", TO peRMIT RESIDENTIAL SUBDIVISION
ENTRANCE GATE SIGNS IN CERTAIN ZONING CATEGORIES AND
TO PROVIDE CRITERIA FOR THE SIZE AND PLACEMENT OF
SUCH SIGNS, PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE: PROVIDING AN EPIrEC'tlVE
DATE.
NOW, THEREFORE, .BE IT ORDJl.INED BY THE CITY COMMISSION OF TH:
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That Title 15, "Building Regulations", Chapte:
162, "Signs and Billboards", "Permitted Signs; Regulations", Seetio:
162.004, "Definitions" "Entrance Gates" be ana the same is hereb:
amended to read as :follows:
"ENTRlI.NCE GATES. " An ident.ification structure located alon
the main access commercial development and necessary directiona
signs. S1:leh-a1:lbdi:vis!el'l-idel'1Hfiea1:~oa-l!l!~l'ls-ll\aY-be-e1'eet!e4_w*1:ft.!:
a -1':l:9h~-o~-way -01' -llIedhrl -su.!:Jo -ad;aoel'lt! -~o -1:1\0 -sud!v.!:siol'l _!:
apl'l'olfed -by -1:1'le -eH:)" 'I" --~ -s1Uldi:vi:si:ol'l. -iden1:UieaHon -sign -ex!:s~!l'l
wHMl'1"a -l'i~h1:-ef-waY-Gl' -lIIeahn -as-of -~1:l}.Y -3: i -1,9&8 .,.15ftd3: -be -eons!
dored -ad;aeen~ -'co -a -lludhh!:onT --S.l:gftS -e1'ee1:e4-wi1:ftih-~e -d!Jft1:
-ei-waY-l!lnaii-be-a1:-ieas~-1:en-f.ee~-il'om-~ne-~avea-roaawa)"T--S~~ft
il'>oat:ea -w:i:bhi:n -a -medi:aa -shaH -l!>e -a1: -leas1: -flve -!ee1l-:h'CJl\-aft:f -!lave
roadwaYT --}:flY -s!:g-ns -aJoJll'oved -EOl: -3:oea~i:en -wi1:hlft -the -l'i:!Jl:l.1:-ei-wll:
01' -llIed.l:al'l -snail -l'tave -a -si:gl'l -faee -ao -\Jl'eaeel' -~han. -~6 -sq11are -l!ee~
H -~fte -}~rH.di:eHel1'1-o: -1lftO -ChY7 ,.the -!I:Jll'Heane -for -sa!\! -si:gn -1II'd.l!l
eJ,,1:a!:a -pe1'lIIhs.!:ea -fl'Oll! -the -!Jovel'Mlen~a= -el'l'ei:by -eoft'eroil:i:ftlJ -~h
d~h1:-o~-way -Ol:' -llIediaa -~o -ot'eel! -'eAe -si:\Ja-i:!l -1:he -req1:les'eed -aft
81'p1'oved" ie!:la'eion T
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Section 2. That Title 15, "Building Regulations", Chapte
162, "Signs and Billboards", "Permitted sigtls.; Regulations", Sectio
162.035, Subsection (A) Residential R-1AAA an,d R-1AAAB,the Code' 0
Ordina.nces of the City of Delray Beach, Flori.da, is hereby amended b
repealing S\~-Subsection (5) and renumbering SUb-SUbsection (6) to (5l.
Section 3 . That Title 15, "Building Regulatlo.ns",
162, "Signs and Billboards" , "Permitted signs Regulations",
162.035, "Signer Permitted and Regulated in. Zoning Districts",
tion 'El) "Residential R-1A, n-111AB, R.'lM and R-1AB", of the
Chapt.e
Sectio
Subsec
Code 0
CITY RTTORNEY' S
OFFICE
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TEL No.
407 278 4755 Jun
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ordinances of the City of Delray Sea.ch, Florida, is hereby amended tc
delete reference to Section (A) (1) (5) and ren1.1l'nber Section (A) (1) (6)
to [A) 11) (5).
Se.ction 4. That Ti tle 15, "Building Regulations", Chaptel
162., "Signs and Billboards", "Permitted Signs Regulations", Sectior
162.035, "Signs Permitted and Regulated .in zoning Districts", Subsectior
(B) "Residential RM-6 and PRD47 and 10", of the Code of ordinances o~
the City of Pelray Beach, Florida, is hereby amenc.ed. to delete referencE
to Saction (A) (1) (5) and r(!number Section (A) (l) (6) to {A} (1) (5).
Secti.on S. That. 1'1 tie l5, "Building Regulations", Chapter
162., "Signs and Billboards", "PermJ.tted Signs Regulations", sectiol
162.035, "Signs Permitted a.nd Regulated in Zoning Districts", Subseotiol
(Bl "Residential RM-lO and RM~15", of the Code of Ordinances of the Cit.~
of Delray Beach, Florida, is hereby amended to delete reference. t<
Section (A) (1) (5) and renumber Section (A) (1) (6) to (A) (1) (5).
Section 6. That Title l5, "Bui.lding Regulations", Cnapte.J
162., "Signs and Billboards", "Permitted Signs Regulations", of the Codl
of Ordin~nces of the City of Dclray Beach, Florida, is her$y amended b:
enacting a new section 162.047 to read as follows I
Sec. 162.047 Subdivision Entrance Gates Signs
such residential subdivision entrance ga.tes signs as define<
in Section 162.004 shall be pemitted as follows:
(a)
(b)
(c)
Such Signs may be either one double faced sign or tW(
signs where there are two walls at the entxance and wher,
the sign. is permanently affixed to the walls at thl
entrance of subdivision.
The sign faces shall be no greater than 36 square feet ~
area. .
such' 'subdivision entrance gate.s signs are permitte<
within all residential zoning districts. They ar,
further permitted in any commercially zoned proper~
which is adjacent to a subdivision in existence as 0
July :1., 1988.
(d) such subdivision identification signs may be erecte,
within right-of~way or median. strip adjacent to th
subdivision if approved by the City. A subdivision sig
may also be located within the: setbacks of privat'
property wlthin the subdivis.ion. or adjacent to th
subdivision within the guidelines set forth in Sectlo.
162 . 055 (b), 1f such sign was in existence as of July 1
1988.
(e) Any such sign erected within a right-of-way or setl:lac
shall be at least 10 feet from a paved roadway and signs located with!
a median shall be at least 5 feet from any paved roadway.
(f) Any signs approved for location within the.right-of-wa
or median, if such right-of-way or median is n~~ within the jurisdictio
of the city. shall obtain writtcn pemissiori from the governmenta
II ontity controlling the right~of-way or median to erect the sign in
'I rel:luested and apprQved location.
(g) Any signs proposed to be located on adjacent pr1vat
property shall have to be approved and pGmi t.ted by the owners of tb
adjacent property on which the sign is to rest. Any such signs lying 0
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(h) All signs proposed to be located within a right-of-way or
median shall be reviewed by tha Development Services Director for
compliance with this ordinance and then placed befor.e the City commis-
sion for formal consideration of the proposed location.
Section 7, That all ordinances or parts of ordinances Which
.are in conflict herewith be and the same are hereby repealed.
section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent ju.risdiotion to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whOle
part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effect.ive ten
(1.0) days after its passage on second aod final reading.
PASSED AND ADOPTED in r~gular session on second and final
reading on thi~ the day of , 1989.
AT'l'EST:
MAYOR
City Clerk
First Reading:
Second Reading
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(h) All signs proposed to be located within a right-of-way or
median shall be reviewed by tha Development Services Pirector for
compliance with this ordinance and then placed befor.e the city commis-
sion for formal consideration of the proposed location.
Section 7. That all ordl.nances or parts of ordinances which
are in conflict herewith be and tho same are hereby repealed.
section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent Jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective ten
(10) days after its passage on second aOd final reading_
PASSED AND ADOPTED in regular session on second and final
reading on thi~ the day of , 1989.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
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:)RDINANCE No.3/.-. - Sc!
AN ORDINANCE OF THF. CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
t!S1I.GE" ,II CHAPTER 173, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
7>.MENDING SECTION 173.345, "SETBACK REGULATIONS", BY
ADDING 11. NEW SUBSECTION (S) TO PERMIT ROOF EAVES TO
PRO.JECT OVER ?ERO LOT LINES UNDER CERTAIN CONDl-
TIONS; PROVIDING A GENERAL REPEALER CLAUSE; PRO-
VIDING A SAVINGS CLAUSE; AND PROVIDING AN SFFECTIVE
DATE.
NOvl, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRJI.Y BEACH, FLORIDA, AS FOLLOWS,
Section 1. That Tit1.'3 ;,\[11. "Land Usage". Chapter 173,
"Zoning Code", Section 173.345, "Setba:::J.: Regulation~''', of the Code of
Ordinances of the City nf belray Beach, Florida, b~, and the same is
hereby, amended by enacting a ne'./ Subsection (G) to read as follows:
(G) Roof eaves in zero lot line may project over the zero lot
line up to a maximum t.D eighteen (18) inches if adequate gutters
are provided to prevent run-off onto the ~ontiguous property and if
an ~ppropriate easement is recorded for. roof encroachment (subject
tQ approval by the City A':.+:orncy). Eaves Qr c',her cverhangs may
not project over utility easements.
Section 2. That. all ordinances or' parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or prov~s~on of t.his
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by 11 court of comp!'Jtent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. Th.'l.t t.his ordinance shall bec~me effective ten
(10) days after its passage on second and final readin,.
PASSED AND ADOPTED in regular
reading on this the _ day of
session on second and
, . 989.
final
"IAYOR
ll.TTEST:
City Clerk
First Reading
Second F.eading
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[ITY DF JELRAY BEA[H
CITY ATTORt ':Y'S OFFICE
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.Jerome 3anzon~, C~isf B:LiJ.dizlg Offi~i,31
Lula. Butler J Di::-t~,~t"">r ,:,:,f Cc-mrnun.ity I:!':p:-:.P/ement
From:
Herbert W.A. Thi01c. City Attorney
Subject
Response ta Request for Ordinance ~~en~~ent
Concerninq 2~ro Lot lline Matter
This will ackn.:Jwledge rece~pt (;f your memorandum of !1ay 2, 1989
which req~ested aur input on a prvposal to add an amendment to
th~ City's Code concern~ng zero lot line properties.
Specific. .Ily, YOIl hav(~ sugg'~sted. a.dopting a provision such as
that .whi:h is in the Zoning Code of Palm Beach County which
would provides for an exception to zero lot line matters for
encrof\clr:ncnt by eave::.; a.nd gu~ters.
1'1y r/:!view of the provision Ln questions indicates that the 'Jse
Df such a provision in the "~cning Code is J.egally acceptable,
assuming that. 'He dre pt.'l'J i dcd .Olppropr :Late ea,;emcnt.s f rom the
abutting property owner.
With that in mind, and in Qrder tD expedite this ma1:t!lr rGr
considcr~tion by the. Cit,'. CormTlh:sion, we have drafted ilnd
attfl.~;hed her(';to a pI"()posed .ndinance which ~J01l1d i'\dd a :H~W
subsection to the Code ::of Ordinances providing tor thclangu:lge
that you have suggested.
If :z:O'..1:1iJ.ve any qt.~e.st.i.on~;, please contact r)lC ':ity Att:orney's
Office. After you h:!'IC an .:.pportunity to ""-vie'" thL,:ndi-
nance, I.;; :;hot.:~1.d t.'~c:: ~)c ::::.brn:.tted to the (j.tj" r.:an3.gcr \.'3: (}ffic(.~
for sChtdul.i.ng bE~f()r.~ C:l':" (,:it".y I~~ormnis:~.ion.
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I\tt<tchment
CC~ City Co~ni.ssion
Walter O. Barry, C~ty Nanagcr
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[ITY DF ~ElRAY BEA[H
CITY ATTOR! . i:Y'S OFFICE
311) S.I. hI SrRLL1, SLITi'. -+ DELkAY HI::ACH, FLORIDA 33483
4n7/24.1-7(19J1 TrLECOrrFR 407/17.'14755
r~EMOHANDUM
Date: May 15, 1989
To: Lula Butler, Di1:ector of Community Improvement
From: Herbert W.A. Thiele, City Attorney
Subject: Correspondence From David B. Klarer
The City Attorney's Office is in receipt of a copy of a letter
from David B. Klarer addressed to you dated April 24, 1989.
The purpose of this memorandum is to inquire whether or not any
addition"l information is needed by the City Attorney's Office,
or wl1eth,!r we need to become formally involved in this matter
at the present time. We have previously prepared and submitt'~d
the dratt ordinance on this subject that you had requested.
If you. :'Jelieve that an appoint.ment or meeting involving all
persons who may have know.ledge of this case would be appro-
priate, please contact my office at your earliest convenience
so that we can schedule same.
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HT:sh
cc: City Commission
Walter O. Barry, City Manager
Frank Spence, Director of Development Services
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April 24, 1989
Hra. Lule
Direct.or
Cit.y 0% r
100 NIlI 1"
Delray Be
.ut.ler
I Develope_ent.
ray Beech
Avenue
c:h, FL 33445
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Dear Mrs. r.utler,
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Cl~i !i'i~or!~.;:"::; C~';lc.~
CH:.;' c:j' iJ ~,~~ ~S i:;':'~~cit
The Code .%orcement. O%%ice received a cOMplaint. 0% an apparent.
violat.ion % a Cit.y Code on my propert.y %rom a Hr. Murray
Sohmer, e ame %amiliar t.o you ,I'm sure. It. was about t.he rain
gut.t.ers i t.alled on t.he zero lot. side 0% MY house at. 2425 NIlI
15t.h St.re ,in Rainberry Bay. In view 0% t.he source 0% t.he
complaint it was inveat.igaed by Hr. Bauer,head 0% t.he o%%ice
and Hr.Pe ergast, t.he chie% inspect.or. They maasured t.he
gut.ters a I %ound t.hat. t.hey ext.ended THREE INCHES beyond my lot
line. To ,..., .cert.ain 0% t.he sit.uat.ion, t.hey ret.urned t.o t.he
O%%ice, and %irst. put. t.he quest.ion t.o t.he Cit.y At.t.orney's
o%%ice <Mr.. Kurt.z). He apparent.ly could %ind no speci%ic code
re%erence t.o "gut.t.ers" (except. one on t.echnical speci%icat.iona
0% mat.erials). He put. t.he quest.ion t.o Mr. Sansone, t.he Chie%
Building O.%icer, who ruled t.hat. aince t.he gut.t.er was at.t.ached
t.o t.he st.rJcture 0% t.he building, it. had t.o be considered a
st.ruct.ure. <Sect.ion 173.001, Delray Beach Zoning Code).
My purpose in writ.ing is t.o see what. can be done about. changing
t.his ruling, which was made, wit.h proper aut.horit.y, I'm sure,
in t.he absence 0% an exist.ing provision in t.hecodes. Towards
t.hat. end, I would like t.o make t.he %ollowing point.s;
a.The purpose 0% t.he gut.t.era ia t.o k4ep rainwat.er %rom
%lowing down t.he aide 0% my house. The ~oo% overhangs by only
t.wo inches,. allowing t.he. wat.er t.o %low down t.ha walls. Be%ore I
inst.alled t.he gut.t.ers, I %ound wat.er leaks in .y house on t.hat
wall. Since t.hey were inst.alled in May, 1986, 3 years ago, I
have had no such t.rouble. As an aside, t.here are Many SiMilar
inst.allat.ions in Rainberry Bay and elsewhare in t.he City. Mr.
Sohmer chose t.o report. only .ine.
b. The Count.y 0% Pal. Beach, in Appendix F, Sect.ion 500.21
0% it.s Zor1ng Code (pert.inent. paragraph is at.t.ached), makes
express provisions %or adequat.e gut.t.era t.o ba at.t.ached t.o
prevent. runo%% ont.o t.he cont.iguous propert.y, prot.ect.ing that
propert.y %rom Possible wat.er damages. An added bene%it. is the
eliMinat.ion 0% wat.er %lowing down t.he zero lot. line walls,
protect.ing t.hat propert.y as well.
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ad..iniatl
be aet a..
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others wt.l.
who are n
like to .
0% ..y pre
1% there
would be
Z.rJ ver}
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David B.
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~atly appreciate your assistance,in having this
'essed by the proper people in the City
'.ion. I would also ask that the ruling by Hr. S..nsone
Ie until the m..tter is exa..ined. That won't help me;
be%ore .. cit..tion w..s issued. I think it would help
..ay now be in violation, unknowingly 0% courae, ..nd
w at the mercy 0% that decision. I, 0% course, would
nstall the gutters on my house, %or the protection
"rty.
Ire any ..ctions I can t..ke to ..ssist the process, I
ad to do so. Please l.et ..e know.
ruly
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2425 NW 15th Street
Delr..y Be..ch, FL 33445
272-0812
CC: Hr. Wa\ter Barry,City Manager
Mr. He~bert Thiele, City Attorney
Mr; J. Sanaone, Chie% Building O%%icer
Mr. Richard B..uer, Chie% Code En%orce..ent O%%icer
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APPENDIX F -ZONING CODE
500.21
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lum lot area or dimensions shall he
. qui red for such structures.
Separation between structures shall
eet the following minimum distances:
'ont: 25 feet
,ide: 15 feet
tear: 15 feet.
In addition. structures shall meet the
,llowing setbacks from right.of.way:
rant: 25 feet
Ide (corner): 15 feet.
In any planned unit development con.
lining structures on lots permitted by
lis section, ownership of the common
-eas. which inc~udes open space. shall
. ., held by either:
1 :). The lot owners, in which event,
each lot owner shall have an un.
divided interest in the common
areas which shall be appurtenant
to his lot. The undivided interest
in the common areas shall not be
conveyed separately from the own-
ership of said lot: or
\"2) A property owners' association; or
'3' A combination of(1) and (21 above.
In the event any residential unit built
urider this section is destroyed or reo
moved by or for any cause, .if replaced
said unit shall be replaced with a unit
of at least similar size and type, how.
ever, not exceeding the dimensions of
the previous unil. (Ord. No. 74.28: Ord.
."0.76-4)
c. Single Family Detached Design.Patio
Home. In the event any portion of a
planned unit development has proposed
cluster deveiopment pursuant to this
section, the minimum lot area and di-
mensions shall be as follows:
Area: 4,500 square feet
Width (interior): 45 feet
Width (corner): 60 feet
Depth: 75 feet
Frontage: 45. feet (measured at mini-
mum front setback).
P;tio home lots shall be conveyed in
fee simple. The minimum setback re-
quirements shall be as follows, mea-
sured from property lines:
. Front: 10 feet.
Side (interior): 10 feet
Side: (zero lot line): 0 feet.
Side (corner): 20 feet
Rear: 10 feet
.Except as noted below.
However. the minimum front yard
setback for a garage or carport wi th
the entrance facing the front property
line shall be twenty.five (25) feet. How.
ever, the minimum front yard setback
for a garage or carport with the en.
trance facing the side property line shall
be ten (l0l feet.
A portion of the zero lot line side of
the structure (maximum fifty (50l per.
cent may be recessed from the lot line
to accommodate entrances into the un iLl
The minimum recessed distance shall
be four (4) feet. However, such recesses
shall not be adjacent to the private out-
door areas of the adjacent unit. In such
instances the configuration and loca-
tion of the adjacent unit must be shown
on the building permit submitted.
In all cases, easements located on
any lot developed pursuant to this sec-
tion shall be calculated as an intewal
part of the applicable setback. No con.
struction shall be permitted within an
established easement. Roof eaves may
project over the zero lot line up to a
maximum of eighteen (18) inches if ad-
equate gutters are provided to prevent
runoff onto the contiguous property, and
if an appropriate. easement is recorded
for the roof encroachment (subject to
approval by the county attorney). Eaves
or other overhangs may not project over
utility easements.
The maximum height shall be thirty-
five (35) feet above the average grade
at the lot front. The maximum lot cov-
erage of the principal building shall
not exceed fifty (50l percent of the lot
area. In all cases, at least twenty (20)
percent of the lot shall be maintained
as permeable area requirement. Acces-
sory buildings must meet the setback
requirements for the principal structure.
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ORDINANCE NO. 38-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 28, IN PART, AND
SECTION 29, IN PART, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY, SAID LAND IS LOCATED
BETWEEN DIXIE HIGHWAY (AS THE WEST BOUNDARYl
AND FLORIDA BOULEVARD (AS THE EAST BOUNDARYl,
AND BETWEEN AVENUE "F" (AS THE NORTH BOUNDA-
RYl AND AVENUE "J" (AS THE SOUTH BOUNDARYl I
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDI PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO SC (SPECIALIZED COMMER-
CIALl DISTRICT, IN PART, GC (GENERAL COMMER-
CIALl DISTRICT, IN PART, AND RM (MEDIUM TO
MEDIUM HIGH DENSITY DWELLINGl DISTRICT, IN
PART I PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE, ~ROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach;. and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Floridal and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electorsl
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65l
enclaves eligible for annexation pursuant to the Actl and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
PARCEL "A"
Lots 1 through ll, inclusive, and the West
Half of abandoned Dixie Boulevard lying East
of and adjacent thereto, Block 3, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida;
together with,
8
Lot 12 (less the West 76 feet of road
right-of-wayl and Lots 13 through 23, inclu-
sive (less the West 50 feet of road
right-of-way as in OR 4278, Pg. 867l, Block
3, together with all of Block 11 (less the
East 20 feet of road right-of-way u.s.
Highway 1l, and abandoned Dixie Boulevard
adjacent to Blocks 3 and 11, the South Half
of Avenue "H", and the North Half of Avenue
"I" (less the East 20 feet of the road
right-of-way U.S. Highway 1l, DEL RATON PARK,
according to the Plat thereof recorded in
Plat Book 14, Pages 9 and 10, Public Records
of Palm Beach County, Florida1 together with,
The East Half of Lots 1 through 7, inclusive,
Block 12, DEL RATON PARK, according to the
Plat thereof recorded in Plat Book 14, Pages
9 and 10, Public Records of Palm Beach
County, Florida1 together with,
The West Half of Lots 1 through 7, inclusive,
and the East Half of abandoned Dixie Boule-
vard lying west of and adjacent thereto,
Block l2, DEL RATON PARK, according to the
Plat thereof recorded in Plat Book 14, Pages
9 and 10, Public Records of Palm Beach
County, Florida1 together with
The West Half of Lots 4 and 5, and the East
Half of the 80 feet of abandoned Dixie
Boulevard lying west of and adjacent thereto,
Block 12, DEL RATON PARK, according to the
Plat thereof recorded in Plat Book 14, Pages
9 and 10, Public Records of Palm Beach
County, Florida, together with,
Lots 8 and 9, the East Half of abandoned
Dixie Boulevard lying west of and adjacent
thereto, the North Half of abandoned Avenue
"H" lying south of and adjacent to Lot 9, and
the lO feet of alley lying east of and
adjacent to Lots 8 and 9, Block 12, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida1
together with,
Lots lO through 18, inclusive, and the North
Half of abandoned Avenue "H" lying south of
and adjacent thereto, Block 12, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida1
together with,
Lots 19 through 21, inclusive, the 10 feet of
abandoned alley lying east of and adjacent
thereto, and the North Half of Avenue "H"
lying south of and adjacent thereto, Block
l2, DEL RATON PARK, according to the Plat
thereof recorded in Plat Book 14, Pages 9 and
10, Public Records of Palm Beach County,
Florida1 together with,
- 2 -
Ord. No. 38-89
Lots 22 through 25, inclusive, the South Half
of Lot 26 (less the East 20 feet of road
right-of-way u.S. Highway ll, the 10 feet of
abandoned alley lying west of and adjacent
thereto, and the North Half of Avenue "H"
lying south of and adjacent thereto, Block
12, DEL RATON PARK, according to the Plat
thereof recorded in Plat Book 14, Pages 9 and
10, Public Records of Palm Beach County,
Florida, together with,
The North Half of Lot 26, Lots 27 through 30,
inclusive (less the East 2 feetl, and Lots 31
through 34, inclusive, Block 12, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida;
together with,
Lots 35 through 42, inclusive, Block 12, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida,
together with,
Lots 11 through 16, inclusive (less the South
5 feet of road right-of-wayl, Block 14, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida,
together with,
Lots 17 through 22, inclusive (less the South
5 feet of road right-of-wayl, Lot 23 (less
the South 5 feet and the East 2 feet of road
rights-of-wayl, Lots 24 through 27, inclusive
(less the East 2 feet of road right-of-wayl,
and the 10 feet of abandoned alley lying west
of and adjacent to Lots 23 through 27,
inclusive, Block 14, DEL RATON PARK, accord-
ing to the Plat thereof recorded in Plat Book
14, Pages 9 and lO, Public Records of Palm
Beach County, Florida, together with,
Lots 28 to 32, inclusive (less the East 2
feetl, and the East Half of abandoned alley
lying west of and adjacent thereto, Block 14,
DEL RATON PARK, according to the Plat thereof
recorded in Plat Book l4, Pages 9 and 10,
Public Records of Palm Beach County, Florida;
together with,
Lots 33 through 36, inclusive, and the West
Half of abandoned alley lying East of and
adjacent thereto, Block l4, DEL RATON PARK,
according to the Plat thereof recorded in
Plat Book 14, Pages 9 and 10, Public Records
of Palm Beach County, Florida; together with,
Lots 37 through 44, inclusive, Block 14, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida,
together with,
- 3 -
Ord. No. 38-89
Lots 24 through 35, Block 3 (less the West 76
feet of road right-of-wayl, all of Block 10,
abandoned Dixie Boulevard adjacent to Blocks
3 and 10, the South Half of Avenue "I" north
of and adjacent to Block 10, and abandoned
alleys lying west of Lots 1l and 44 and east
of Lots 22 and 33, DEL RATON PARK, according
to the Plat thereof recorded in Plat Book 14,
Pages 9 and 10, Public Records of Palm Beach
County, Florida.
PARCEL "B"
Lots 1 through 10, inclusive (less the West
38 feet of State road right-of-way), and the
abandoned 10 feet of alley lying east of and
adjacent thereto, Block 24, DEL RATON PARK,
according to the Plat thereof recorded in
Plat Book 14, Pages 9 and 10, Public Records
of Palm Beach County, Florida; together with,
The East Half of Lot l2, Block 25, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida,
together with,
The East 77 feet of Lots 1,2 and 3, and the
North 75 feet c:: Lots 26 and 27, Block 25,
DEL RATON PARK, lccording to the Plat thereof
recorded in Pl_': Book 14, Pages 9 and 10,
Public Records :: Palm Beach County, Florida,
together with,
The East 77 feet of Lots 4 and 5, and the
South 37.5 feet of Lots 26 and 27, Block 25,
DEL RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida;
together with,
Lots 6 through 9, inclusive (less the West 38
feet of State road right-of-wayl, Lots 10 and
11, the West Half of Lot 12, and the lO feet
of abandoned alley lying east of and adjacent
to Lots 6 through 9, inclusive, Block 25, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book l4, Pages 9 and lO,
Public Records of Palm Beach County, Florida,
together with,
Lots 5 through 10, inclusive (less the West
38 feet of State road right-of-way), Block
26, DEL RATON PARK, according to the Plat
thereof recorded in Plat Book 14, Pages 9 and
10, Public Records of Palm Beach County,
Florida, together with,
Lots 3l through 33, inclusive, Block 26, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida.
- 4 -
Ord. No. 38-89
)
PARCEL "C"
Lots 13 through 22, inclusive, and the East
Half of the abandoned alley lying west of and
adjacent thereto, Block 24, DEL RATON PARK,
according to the Plat thereof recorded in
Plat Book 14, Pages 9 and 10, Public Records
of Palm Beach County, Florida; together with,
Lots 13 through 25, inclusive, Block 25, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida;
together with,
Lots 15 through 29, inClusive, Block 26, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and lO,
Public Records of Palm Beach County, Florida;
together with,
Lots 26 through 28, inclusive, Block 27, DEL
RATON PARK, according to the Plat thereof
recorded in Plat Book l4, pages 9 and 10,
Public Records of Palm Beach County, Florida;
together with,
Lots 1 through 11, inclusive, and Lots 64
through 68, inclusive, Block 34, DEL RATON
PARK, according to the Plat thereof recorded
in plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida;
together with,
Lots 11 through 44, inclusive, and Lots 51
through 56, inclusive, Block 35, DEL RATON
PARK, according to the Plat thereof recorded
in Plat Book 14, pages 9 and 10, Public
Records of Palm Beach County, Florida;
together with,
Lots 23 and 24 and the West Half of the
abandoned alley lying east of and adjacent
thereto, Block 24, DEL RATON PARK, according
to the Plat thereof recorded in plat Book l4,
Pages 9 and 10, Public Records of Palm Beach
County, Florida; together with,
Lots 29 and 30, Block 27, DEL RATON PARK,
according to the Plat thereof recorded in
Plat Book 14, Pages 9 and 10, Public Records
of Palm Beach County, Florida; together with,
Lots 11 and 12 and the West Half of the
abandoned alley lying east of and adjacent
thereto, Block 24, DEL RATON PARK, according
to the plat thereof recorded in Plat Book 14,
Pages 9 and 10, Public Records of Palm Beach
County, Florida; together with,
Lot 30, Block 26, DEL RATON PARK, according
to the Plat thereof recorded in Plat Book 14,
Pages 9 and 10, Public Records of Palm Beach
County, Florida.
- 5 -
Ord. No. 38-89
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The subject property is located between Dixie
Highway (as the west boundaryl and Florida
Boulevard (as the east boundaryl, and between
Avenue "F" (as the north boundaryl and Avenue
"J" (as the south boundary).
The above described parcels contain a 25.17
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "A" is hereby declared to be in Zoning District SC (Spe-
cialized Commerciall as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "B" is hereby declared to be in Zoning District GC (Gener-
al Commerciall as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 5. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "C" is hereby declared to be in Zoning District RM (Medium
to Medium High Density Dwellingl as defined by existing ordinanc-
es of the City of Delray Beach, Florida.
Section 6. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 7. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 10. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 6 -
Ord. No. 38-89
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 7 -
Ord. No. 38-89
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TOURIST DEVELOPMENT COUNCIL OF PALM BEACH COUNTY (407) 471-3995, TELEX-797438
1555 PALM BEACH LAKES BLVD. SUITE 204, WEST PALM BEACH, FLORIDA 33401
June 9, 1989
Mr, Walter Barry
Cay Manager
City of Delray Beach
100 N, W, First Avenue
Delray Beach, FL 33444
JUN 14 1989
1:1
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CiTY f'i1j;j~~,~:,:::'(,'~ :":,':FICF.
Dear Mr, Barry:
Your community is Shawing great insight by its interest in
working to pramate the film industry.
I have e~d a sample resolution as
the Thur~'1i!l!!nirrg-:-__ _. __.___
our discussion at
Our office is still wOrking to finalize a sample permit
which should address your. needs when a film ar TV crew
expresses an interest .in shooting in Delray Beach,
I will plan to be at your June 27th meeting to address the
City. Council or Just answer ony questians the Council
members may have.
Until then, if I can be of any further assistance, please
don't hesitate to call on me.
Chuck Elderd, Executi Director
PBC Film Liaison Office
CE:psh
cc: Charles Lehmann, TDC
Mary McCarty, Delray Beach City Council
Bill Hazzard, Delray Beoch Chamber of Commerce
Maureen Cullen, PBC Assistant County Attorney
Commissioner Carol ROberts
BARRY.LTR
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THE BEST OF EvERYTHING
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RESOLUTION NO. 34-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ENDORSING THE CONCEPT OF lI. "ONE-STOP
PERMIT" PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUC-
TION WITHIN THE CITY OF DELRAY BEACH, TO BE ISSUED BY THE
PALM BEACH COUNTY FILM LIAISON OFFICE OF THE TOURIST
DEVELOPMENT COUNCIL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County wishes to facilitate the growth of
motion picture and television production in the County; and,
WHEREAS, the Palm Beach County Film Liaison Office of the
Tourist Development Council is best equipped to provi de formal cen-
tralized permitting for production companies wanting to film or tape in
Delray Beach and protect the City's interests as well; and,
WHEREAS, the City Commission of the City of Delray Beach has
deemed it to be in the best interests of the citizens of Delray ~each to
authorize the administration to participate in the "One-Stop Permit"
program for motion picture and television production wi t;lin the City 0 f
Delray Beach,
NOI'/, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Manager of the City of Delray Beach,
is designated as Coordinator to the Palm Beach County Film Liaison
Office of the Tourist Development Council..
Section 2. That the City Commission endorses the concept of a
"One-Stop Permit" for motion picture and television production within
the City of Delray Beach. Said permit is to be issued by the Palm Beach
County Film Liaison Office of the Tourist Development Council to a
production company wanting to film or tape within the City, provided,
however, that prior to the issuance of a permit, the Office shall inform
the City Manager or his representative and shall obtain the consent 0:
the City Manager, or his representative. This Resolution shall not
authorize issuance of a permit without the consent of t .le City Manager,
or his representative, nor shall it be deemed to be a ~,rant of power to
the Tourist Development Council except for the exp.!:"ess purpose of
assembling information, coordinating and expediting such applications.
Section 3. That no City funds may be expended in connection
with the motion picture or television production witho~': the approval of
the City Commission.
Section 4. That this resolution shall be il force and take
effect immediately upon its passage and adoption.
of
PASSED AND ADOPTED in regular session on this
, 1989.
a
day
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ATTEST:
City Clerk
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MEMORANDUM
TO: City Commission
FROM: Board of Adjustment
SUBJECT: REPLACEMENT OF MEMBER
DATE: June 15, 1989
Please be advised there is a vacancy for an alternate member on the
Board of Adjustment due to the appointment of Anthony Veltri to the
position of regular member.
Your attention to this matter would be greatly appreciated.
~ /). &k~ 1~
Steven D. Rubin, Chairman
BOARD OF ADJUSTMENT
lamb
cc?v City Manager
Director of Development Services
Director of Community Improvement
Klar.txt
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CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
BE61-rtJ...E 6dUff C/.
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NAME
a.~4S-
':;;.1 4i/:)J1N .':,711 ~-rj
,.,.r~~
4t1'q r CMei
HOME PHONE
~ 7';1- 7/?.Jg. ,~-t'..I.2_'
. '/iJ. U;lINESS PHONE . -r' ..:..
~ ~~"---41 ~~.
Open
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YQ~ ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~r~/E
EDUCATIONAL QUALIFICATIONS ';:5. -{}(iIP~~ ~/.2
r;.~~~~~!7~~: 1!:;~.;]%:.t; J!!LIS ~ M &~,JcMr.::; (JJY,:.:5---
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~./r J/JE. ,
GIVE YOUR PR~~~NT, OR MOST RECENT EMPLOYER, AND POSITION ~~~~V~
.7J'f!-. - V~;#~f>;..r~ - '~k~::~/~~ . ~ ~A ;:tfl.-.Lb",".v~~ . ..
~ .!J~ /~J7&.-;':Z.- J....' -1..-- 1" /.I../~ ~.. -'-I.
.
~~i;R~~;RDE.X~J~~~;~<:;;:L:AO~ KNOWLED_G!r-?H~~. QU~IFY. YO~U~ SERV~. o~
:,,,-,7;(/ 'Y~'f "}.y:t; --~~~--$-:."", ~ ::;:;.f...":;;'i" L. /~~
'" .. ~ '~Q t:.J .GS: b' 4...."-_.
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PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
c::21~ ~&~7 /
SIGNATURE
J~ 4<< ~ ~:W Ie; {t
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Resume of
SCOTT CHARLES BECHTLE
Pablo Point
13638 Cardona Drive
Jacksonville, FL 32225
(904) 246-8558
Born: December 22, 1950
Height: 6'1" Weight: 178 lbs.
Excellent Health
OBJECTIVE:
Seeking a permanent alliance with a progressive firm which can
profit from my aggressive efforts in the area of financial
adainistration and reporting systeas.
EDUCATION: -JIDlKOUTH COLLEGE, West Long Br~~ Nev Jersey 07764
Kaster of Business Administration (M.B.A), Kay 1975
E.phasis on Accounting and Financial Management
Bonors Graduate
EXPERIENCE:
June'
1985
to
Pl'-o;,a...~
,..
January
1984
to
October
1984
WAYNESBURG COLLEGE, Waynesburg, Pennsylvania 15370
Bachelor of Science in Business Adainistration - Accounting, May 1973.
Member, Alpha Kappa Psi (National Bonors Business Fraternity)
Treasurer, Phi Sigma Kappa Vice President, Inter-Fraternity Council.
STATE OF FLORIDA - DEPARTMENT OF INSURANCE
Tallahassee, Florida 32301
Position: Assistant Chief Examiner
Acting Chief Examiner (4-1-86)
Maintain full regulatory authority in the administration of Florida
Insurance Laws relating to licensing, supervision and financial
examination of .some 1500 insurers. Coordinate countrywide solvency
monitoring of all authorized, surplus lines, and reinsurers. Super-
vise assignment and review of examination/audit process activities
as NAIC southeastern zone secretary. Directly responsible for
coordination of certificate of authorIty application process.
Responsible for the compilation of the Department's Annual Report.
Developed a comprehensive in-house financial/auditing training
program. Represent the Department in official meetings dealing
with insurance industry, regulatory and legislative matters.
Work closely with all divisions of the NAIC.with special interest
in task involvement for statutory reporting, asset valuation,
actuarial reserving, reinsurance and solvency in general. Implemented
an automated system of analysis of financial condition and statutory
compliance. Supervise and conduct investigative hearings regarding
statutory violations. Supervise in excess of 100 employees in three
functional areas.
ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED
Shrewsbury, New Jersey 07701
Position: Vice President-Finance
Had full responsibility for all financial reporting functions.
Totally directed all budgeting and strategic planning operations
and reported directly to and assisted the president in a majority
of operations policy. Implemented a contract monitoring system for
l
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June
1981
to
September
1985
October
1980
to
March
1982
March
1979
to
October
1980
key factor studies and Statement of Work (SOW) adberance to re-
quirements. Responsibilities include all accounting and tax
report preparation, contract proposal enhancement, and overall
corporateadm1D1stration. This was a one year consultant
agreement contract with a prior employer.
CINEMA 'N' DRAFTBOUSE, INC.
Jacksonville, Florida 32211
Position: President
Operated one of the most profitable movie theatre/restaurant
combination franchise operations nationally. Responsible for all
profit and loss accountability, strategic planning and administra-
tive operations. A truly unique and often copied concept, expansion
was underway in both the Northeast and Florida markets. All interests
relinquished October 1, 1985.
THE CHARTER COMPANY
CHARTER SECURITY LIFE, Charter Insurance Group, Inc.
Jacksonville, Florida 32202
Position: Vice President/Director of Finance and Budgeting
Responsible for all financial reporting aspects of the holding
company directly supervising full control of nine subsidiaries
including Charter Security Life Insurance Co. Wss instrumental
in profitability studies relating to new product development,
as well as the corporate budgeting process culminating with
the Annual Plan. Was a keynote contributor in the year end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries and provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and management reports systems (MRS). Participated
actively in aggressive acquisition procurements. Demonstrated
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION, Ft. Monmouth, New Jersey and
McLean, Virginia
Position: Configuration Management Administrator
Responsible for Planning and Contract Support fOT the Joint
Interface Task Force Commander of the Joint Interoperability of
Tactical Command and Control Systems (JITF-JINTACCS). Provided
overall direction for planning test conduct, and measurement
evaluation for achievement of Compatibility and Interoperability
of the Military Services in a tactical environment. Supervised
automation for monitoring and reporting of test compliance, results
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness.
Additionally restructured and implemented a fully automated financial
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (DCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
Nature of work was sensitive to National security and held a security
level at or above TOP SECRET.
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February
1977
to
March
1979
June
1973
to
February
1977
June
1976
to
1980
COMMENT:
REFERENCES:
PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY
Corporate Office, Homdel, Nev Jersey 07733
P08itio~: Senior Financial Planning Analyst
Responsible for complete administration and coordination of the
Annual Plan, projecting in excess of $800 million premium volume.
Directed development, compilation, and implementation of all financial
planning guidelines which determined final profit and loss projection
results. Responsibilities included administration of accounting
functions, ratio analyses, evaluation of agent efficiencies, initiation
of sales and market research studies and long range forecasting.
Possess in depth knowledge of claims, underwriting operations, and
financial management procedures through self-initiated departmental
rotations. Excellent oral and written communication skills with all
executive levels. Successfully conducted management conferences
and participated actively in various Board of Directors presentations.
SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 07701
Volkswagen of America/World-Wide Volkswagen Corporation
Position: Controller
Responsible for complete financial management and general accounting
functions. Supervised full financial statement preparation and
analyses. Restructured and implemented budgeting techniques, sales
forecasting, and market trend strategies. Automated all financial
and inventory systems and received Commendation for Excellence
in Business Management, 1975 and 1976, from World-Wide Volkswagen
Corporation, Volkswagen of America, Inc.
BROOKDALE COMMUNITY COLLEGE, Lincroft, New Jersey 07738
Position: Associate Professor (Part-Time Evenings)
Curriculum: Accounting, Business Mana&ement and Economics
Personable and energetic. Excellent oral and written communication
skills.
Promptly furnished upon req1.est.
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HOME STRUT
CITY OF DELRAY BBACH
BOARD MEMBER APPLICATION
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PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
I-Jfr -1'/yr
HOME PHONE BUSINESS PHONE
ON WHAT BOUDS ARE YOU INTERESTED .IN SERVING 1) k"/KG CJ?>E 1/ JIY)/ Ni) F'/")
IJ. ~ --+--r> A--A/ Y B. t'::)~ ~ 'J")
(
LIST ALL CITY BOARDS ON WHICH YOU AREi,~~~E~LY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates) ~~
EDUCATIONAL QUALIFICATIONS r1,1I/o S//Jn tI rJ... U OF CO 1J TV '
H~""'n
,,4. C)
YOU TO SERVE ON
.i:N
N /.
~z:;ei!eD 01- Y~5. I'I~ c A- 'jPR E"S./l> &~ 0 r- V1/ 0 m E/V
PLEASEATTACHABJ(fEFRESUME. C;;U,(13 ~rL,t:}S VPI2'j)~'5 t?'l ~_~~
5 J:tc. 1I E7;> I V.R- /;- 5 ,$CtR. ~y 0/\/ L.Jl t.I RE" Lt/JG .i...XVjfe
I HEREBY CERTIFY TrEAT ALL THE ABOVE STAhwtNTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOIN'!MENT I MAY
RECEIVE.
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CITY OF DELRAY BEACH
BOARD MEMB~AflLICATION
.Bandee...LSaldeI:-
NAME
4F.? S 1T-2J..th..A'lf. J2elray Rp..rh Fl... 33445
HOME STREET ADD ,SS, CITY, ZIP (LEGAL RESIDENCE)
-
PRINCIPLE BUSINS STREET ADDRESS, CITY, ZIP
Gulfstream BId, ~ Suite 40~ 1177 N.E. 8th Street,Delray R"""'h...- F'lnrirl" 11dR)
~)nR-4F.7'i
HOME PHONE
_I 40 7) z.G...5=...26 6 6
BUSINESS PHONE
ON WHAT BOARDS iE YOU INTERESTED IN SERVING Community Redevelo~mpnt A9pnry.
Hl~n...Relat"inn~. 1: CB.rinT'\ Pl ~::,"niT'1&-~nn 7.nning
LIST ALL CITY B';,,,RDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALFICATIONS See r~~
LIST ANY RELATEU PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
---Se.e..z:eaUllle.. _ _ _ ____._
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Michael S. Weiner
and Associa~esJ P.A. - Attorney
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Spp r.."tllT1P
PLEASE ATTACH A BRIEF'RESUME.
I HEREBY CERTIn THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
i?._jH~~ef;~J~1) ______
~TiRE
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RESUME
Randee J. Go.
462 S. W. 27'
Delray. Beach
~!r ,=
Avenue
"L33445
Home:
Work:
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(407l 287-4675
(407) 265-2666
EDUCATION
LAW: Nova Un:i
Ft. Laue
Graduat:
Distinc'
Americal
Dean's J
Silver'
Moot Co,
Nationa:
ersity Center for the Study of Law
~dale, Florida - Juris Doctor, GPA 2.92 (Upper 17%)
~: December 1983
,ns:
Jurisprudence Book Award - Civil Procedure I
;t, Fall 1981 and Fall 1983
19ue Award, 1st Year Moot Court Competition
: Society Board of Directors, Fall 1982
~ock Trial Competition Team, Spring 1983
UNDERGRADUATf ..
Florida i.tlantic University, Boca Raton, Florida
Degrees: B.A., B.S.M.T., both granted in 1979
Majors: Chemistry, Medical Technology
Activities: Student Body Senator, Chairperson of Rules and
Policies Committee; Florida Student Association, lobbyist
Rollins College, Winter Park, Florida (attended 8/74-12/75)
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Attorney
November 1987 - Present
Federal Public Defender's Office
Miami, Ft. Lauderdale, West Palm Beach, Florida
Assistant Federal Public Defender
September 1985 - November 1987
Dade state Attorney's Office
Miami, Florida
Assistant state Attorney
March 1384 - September 1985
Palm Beclch State Attorney's Office
Delray Beach, West Palm Beach, Florida
Certified Legal Intern
June 1983 - December 1983
Malin & Haley, P. A. (Patent Attorneysl
Ft. Lauderdale, Florida
Law Clerk
June 1982 - June 1983
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Halland
Medical
April 1
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~chnologist,
1 "',January 1984
PROFESSIONAL ,SSOCIATIONS
Florida
Federal
Federal
Elevent
Nationa
Florida
Palm Be
South P
CIVIC ACTIVI
ar
\ar, Southern District of Florida
'rial Bar, Southern District of Florida
Circuit Court of Appeals Bar
Association of Criminal Defense Lawyers
ssociation of Women Lawyers
h County Bar
m Beach County Bar
ES
Directo Old School Square, Inc. (non-profit corporation)
Visions ~DOO, 1989
Co-Chairman, Delray Beach Street Auction
Legal Counsel for Old School Square, Inc.
Legal Counsel for Pineapple Grove Support Group, Inc.
Member of Morikami Museum
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H~.Jll. .t11,t1bElt HU1H1.IJlJi
VA"" L. KP~I.L
_. . - _. o. ___
r;AME
-.--..----- -- -- -- -- --------
5334 Buckhead Circle, Boca Raton, Florida 33486
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
61f E.,st Atlantic Avenue, Delray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407) 394-7923
HOME PHONE
(407) 276-7424
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Community Appearance Board, Board of Ad;ustments.
Planning and Zoning Board,
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None at this time.
EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration
(BBA) I Nova University, Juris Doctorate (Jell University of Miami, Master of Laws in
Taxaction (LLM).
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Licensed to practice_iaw in the State of Florida
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
LISTICK & STEINER, P.A. - Attorney
DESCRIBE EXPERIENCES, SICILLS OR UOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Experience in interpreting statutes, ordinances. codes and POlicv criteria.
and the application thereof. Familiarity with various procedures of the City of Delrav
Beach acquired by attendance at meetings of the City Commission and Planning and Zonina Boare
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF HATERIAL FACTS CONTAINED IN THIS AP-
PLICATION HAY CAUSE FORFEITURE UPON HY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~~QQ/
SI NATURE
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MARK LOUIS KRALL
Listick , Steiner, P.A.
616 East Atlantic Avenue
Delray Beach, Florida 33483
(305) 276-7424
EDUCATION
LIM-TAXATION
1982, Univeraity of Miami, Coral Gables,
Florida - Top 121
HONORS
PROPESSIONAL
EXPERIEHCE
JURI S DOc'J'OR
1981, Hova Law Center, Fort Lauderdale,
Florida - Top 251
BBA-ACCOU&'1'IHG 1978, University of Miaai, Coral Gables,
Plorida - Top 101
Beta Gamma Sigaa - Hational Honorary Business Fraternity
Beta Alpha Psi - Hational Honorary Accounting Fraternity
Alpha Laaba Delta - Rational presbaan Honor SOCiety
5/87 - present LISTI~.. STElKER, P.A., Delray Beach, Plorida
10/84 - 5/87
9'82 - 10/84
COMMUHln
IRVOLVEMBHT
MEMBERSHIPS
PERSOHAL
REPERENCES
Practice of lav in the areas of Real Estate, Estate
Planning, Wills aDd ~rusts, PrObate, Pederal, State and
InterDational ~azat1OD, Condoainium La.. and Corporate La...
RHOADS .. SIBCII, Boca "ton, Florida
Practice of lav 1n tbe areas of "al astate, astate
PlanalDI, Will. ana 'rrut., Probate, Faderal, State anI!
IDteraatlCl11al ~uatiClll, Con4oaiDiua Lav ana Corporate Lav.
PUCE WA'l'&IUIOOn, .i..i, P~or1da
SeDiDr tu accountant ana con.ultant in all areas of
Fad.al, State anI! InteraaUonal ~azation including
practice before tbe Internal Revenue Service at the
Di.tl'lct Level.
Un! tad Way of South Pala Beach County, Boarl! of Directors
Rotary Club of Delray Beach, Florida, Meaber
Pala Beach County Bar Association, Plorida Bar
Association, American Bar Association
Born 5/3/57. Single.
Available upon request.
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EITY DF DELAAY BEAEN
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\'. -~,~1'-
100 NW. 1st AVENUE
DELRAY BEACH. FLORIDA 33444 407/243.7000
November 30, 1988
Mr. Mark L. Krall
616 East Atlantic
Delray Beach. FL
Avenue
33483
Dear Mr, Krall:
This letter
received 'your
Zoning Board.
Adjustment.
is to confirm that the City of Delray Beach
application relative to serving on the Planning
the Community Appearance Board. or the Board
has
and
of
Your application is on file with the City Clerk's office and will
remain on the permanent listing of individuals interested in
serving on the various boards and committees of the City, As
vacancies arise, your name and application will be submitted to
the City Commission for appropriate consideration.
Your interest in the City of Delray Beach is greatly appreciated.
Sincerely,
tjL~ ~((..
abeth Arnau
Clerk
cc: City Manager
EA/AJM/m
THE E;rO~:T ALWAYS MATTERS
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
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1 S ?:- W.w. ~ 10-\-\\ ~ V f'_ U ~\,c...'-\. ~~. ~L. =33'-t::t. \
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
\J\ C^- c\"t.-\..,~, e.
NAME
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
C~(~S ') ~ '\\0- c ~~ \
HOHE PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
BUSINESS PHONE
-q,O~~c& \)~ G\-c\~0'~.h~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) (\0 \-.\ e.....
EDUCATIONAL QU~LIFICATfONS
\ <\ 0 ,-'C-?\~\.,c~ ~ '",,~ .
o cJU'S.~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS. AND LICENSES WHICH YOU HOLD.
W G"""",v _
GIVE YOUR PRESENT, OR HOST RECENT EMPLOYER,
~ < \1:' G<... p.,\~ ..... \...0 -c: _(..."(...c '-' \.k-, "
, . ~\ - ~
\/",C, _\' CLr. - C L'-' t\.C ~
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A BRIEF RESUME.
WHICH QUALIFY YOU
~~- . ,
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\ 'x
\.,.... \" ~..
,......".; Ie-
O)~
PLEASE ATTACH
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTADIED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY
RECEIVE.
\N--t-r~J" ~ ~5~ ~ ~~
SIGNATURE
"'''.::i C u C" ,"'~ c.<
DATE
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[ITY DF DELRAY BEA[N
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100 N.W. ht AVENUE
DELRAY BEACH, FLORIDA 33444 4071243-7000
November 30. 1988
Ms. Madeline Pulitano
753 N.W. 26th Avenue
Delray Beach. FL 33445
Dear Ms. Pulitano:
This letter is to confirm that the City of Delray Beach has
received your application relative to serving on the Board of
Adjustment.
Your application is on file with the City Clerk's office and will
remain on the permanent listing of individuals interested in
serving on the various boards and committees of the City. As
vacancies arise. your name and application will be submitted to
the City Commission for appropriate consideration.
Your interest in the City of Delray Beach is greatly appreciated.
Sincerely.
<Ch;~~
E. iv.('t.eth Arnau
C'.t:? Clerk
cc: City Manager
EA/AJM/m
THE EFFORT ALWAYS MATTERS
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LAw 0I'PICIIs
MACMILLAN. STANLEY & PUROO
MAC.WILLAN .UILQINCI
- NOIIII'Mol.AST II'OUlllTtol AV.NU.
~.o. .ox eao
DE~Y BEACH. FLORIDA 33447-0820
H..1. .. MACMILLAN
C...JIlIOL MACMlloLAN STAN!.aY
THOMAS G. "VIIIIOO
T.L8L1'HON.
(4071 2?e...3
140'71 272-8757
14071737-aeoo
March 31, 1989
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APR3
1989
Mr. Walter Barry
City Manager
400 N.W. 1st Avenue
Delray Beach, FL 13444
RE: Appointment to Planning & Zoning Board or
Board of Adjustment
CITY M';i,~.,;c:, C ~jf"',l
Dear Mr. Barry:
.r am interested in being appointed to the Planning & Zoning
Board or the Board of Adjustment, enclosed please find my resume.
Would you kindly submit my name for consideration for the above
Boards.
Thanking you in advance for your attention to this matter.
Very truly yours,
v'r: 9--'1 -17 .
\.J~ Z). r'~/AC/~
THOMAS G. PURDO
signed in the absence of;
to avoid delay
Diane W. Schreiber, Secretary
TGP/dws
Enclosure
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RESUME OF THOMAS C. PURDO
THOMAS G. PUR DO, ESQUIRE
1011 Brooks Lane
Delray Beach, Florida 33483
(407) 243-0508
Date of Birth: February 24, 1945
Status: Married, two children, Lauren, 6~ years old, Zackery, I~ years old
~:
Partner, MacMILLAN, STANLEY &: PURDO
Attorneys at Law
29 Northeast Fourth Avenue
Post Office Box 2080
Dekay Beach, Florida 33483
(407) 272-5757
Admitted to Michigan Bar in 1970
Admitted to Florida Bar in 1972
Practiced law in Florida since 1973
Practiced in Dekay Beach, Florida from 1978 to present
Former City Prosecutor for City of Boynton Beach, Florida
Resident of Dekay Beach and property owner:
1011 Brooks Lane, Dekay Beach, Florida 33483
151 N.E. .5th Avenue, Dekay Beach, FL
Professional Memberships: Florida Bar Association, Kiwanis Club of Delray Beach
~: Linda E. Purdo, Broker/Salesperson, Gringle &: Doherty Realty, Delray Beach,
Florida
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[ITY DF DELRAY BEA[H
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April 4, 1989
Mr. Thomas G. Purdo
1011 Brooks Lane
Delray Beach, PL 33483
Dear Mr. Purdo:
Thank you for your recent application for appointment to the
City's Planninq and Zoninq Board or Board of Adjustment.
Your application has been filed with the City Clerk's office and
will remain on the permanent listinq of individuals interested in
servinq on the various boards and committees of the City. As
vacancies arise, your name and application will be submitted to
the City Commission for appropriate consideration.
Aqain, thank you for your interest in the City of Delray Beach.
Sincerely,
..c~~. ~~ c{t....I.-
El th Arnau
City Clerk
EA/AJM/m
cc: City Manaqer
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Community
Redevelopment
Agency
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Delroy Beach
June 23, 1989
The Mayor and City Commission
City Hall
100 NW 1st Ave.
Delray Bch., FL 33444
Dear Mayor Campbell and .Commissioners:
First, we wish to thank the City Commission for the opportunity of
serving the community. Based on our experience on the Agency, and
in its relationship with the Commission, we feel strongly that the
Agency should retain its semi-autonomous status in order to bring
independent jUdgement to its deliberations.
The Board of the Community Redevelopment Agency wishes to take this
opportunity to recommend replacements for the four people whose
terms on the Agency have expired. To replace Jack Duane, David
Randolph, Leon Weekes and myself, we have investigated the
backgrounds of many citizens and recommend the fOllowing:
For a four year term, Leonard Mitchell
For a three year term, Kathi Sumrall
For a two year term, Clay Wideman
For a one year term, Jon Levinson
We are satisfied that these people have the capacity to serve the
community well in the complex process of redevelopment. If, for
any reason, additional names are needed, we recommend the
consideration of Robert Currie and Loren Sheffer as alternative
candidates.
On behalf of both the outgoing members and those who will continue,
we thank the City Commissioners for the opportunity of serving the
community in this challenging period.
cc: CRA
Si...;;;;.en)y-' ../
~F~~
Thomas E. Lynch
Chairman
64 S.E. 5th Avenue. Delroy Beach. Florida 33483
(407) 276-8640
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
J. Reeve Bright
NAME
700 Sea Sage Drive, Delray Beach, Florida 33483
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCEj-----
110 Fast Atlantic Avenue, Suite 400, Delray Beach, Florida 33444
-
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-1851
272-2526
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Carmuni ty RedeveloJ;mellt Agen~___
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS B.A.,_Hobart College - 1970; ~~J...:;_~!:9ELUniversity of
Miami - 1981.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES l'HICH YOU HOLD.
MarDer of Florida Bar; Member of Florida Academy of Trial Lawyers; AI1l:ll"ican Bar Association
_!'S~~?on of Trianawyersor~ca---------=----'-----------
GIVE YOUR PRESENT) OR HOST RECENT EMPLOYER, AND POSITION
Merkle, Br0E~_~E~livan, P.A, - Shareholder _
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUA1.IFY OU TO SERVE ON
THIS BOARD. Resident of Delray Beach for 16 years. Property owne' dthin the Commmity
RedeveloJ;mellt area ----------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF M~,n:RIAL FACTS CONTA
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY At'
RECEIVE.
\ND I AGREE
,lED IN THIS
OINTMENT I
AND
AP-
MAY
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J. REEVE BRIGHT
RESUME OF CIVIC INVOLVEMENT
CIVIC:
Foundin~ member and current member of Kiwanis Club of
Delray Beach, Sunrise
Distinguishe~ Past Presi~ent of Fiwanis Club of
Delray Beach, Sunrise
Memher of Vestry of St. Joseph's F.piscopal Church of
Boynton Beach from 1976 throu~h 1988. While a vestry
member I served a,s Senior and Junior Warden on severa]
occassions
Currently attorney for St. Joseph's Episcopal Church
Member Df Episcopal Diocese of South East Florida's
Property, Loan g. Investment Committee for 6 years
POLITICAL: 1974-1976 Republican State Committeeman for Palm
Beach County
1974-1976 Director Republican Party of Florida
Currently Member of Executive Committee - ,Republican
Party of Palm Beach County
Attorney for Republican Party of Palm
Beach County
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Robert G. Currie, AlA
NAME
815 Tangerine Way Gulfstream, Florida 33483
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)-------
25 Seabreeze Avenue Delray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407)272-6843
HOME PHONE
(407)276-4951
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BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
COMMUNITY REDEVELOPMENT AGENCY,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
SEE ATTACHED RESUME .
tDUCATIONAL QUALIFICATIONS
Harvard University Graduate Schoo~f Design, Master or-~cn~cecture;
~ni:=::ers!~f Min~esota-;BacFielor 5:! AE=!t,!,!:~:,!:ure. -------:-'-------------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ',HICH YOU HOLD.
SEE ATTACHED RESUME-----------
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
CURRIE-SCHNEIDER-~~SOCIA!ES AlA, PA
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD.
SEE ATl'ACHE,Q RESl1kllL______
'OU TO SERVE ON
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTI
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY AI
RECEIVE.
~ND I AGREE
lED IN THIS
'OINTMENT I
AND
AP-
HAY
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SIGNATURE
March 20, ~89
ATE
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ROBERT G. CURRIE, AlA
Principal
EDUCATION
Harvard University Graduate School of Design, Haster of
Architecture; University of Hinnesota, Bachelor of Architecture.
REGISTRATION
Architect: Hassachusetts, Haine, Connecticut, Virg,inia, New
Hampshire and Florida.
Certified: NCARB
COHHUNITY SERVICE:
A member of the City of Delray Beach's business community for the
past 20 years, Hr. Currie has developed an acute understanding of
the City and its residents. He has served on a number of local
boards, with his primary objective always focusing on what is
best for the City. Hr. Currie has chaired, as well as served as
a member of the City's Planning and Zoning Board; he has also
been chairman and a member of the Community Appearance Board, as
well as the Board of Adjustment.
PROFESSIONAL AFFILIATION
Hr. Currie is the founding principal of CURRIE, SCHNEIDER
ASSOCIATES AlA, PA. The firm was established in 1970 by Hr.
Currie, a nationally renowned Architect who's work has
encompassed projects throughout the United States and abroad.
After receiving a Bachelor of Architecture degree from the
University of Hinnesota, Hr. Currie continued his ;tudies at
Harvard University where he was awarded a Hasters of p' ~hitecture
degree.
His career has been highlighted by serving as a 1
Architecture at several universities including the ~
Sydney in Australia; Florida Atlantic University,
Florida and the ~niversity of Hiami, Hiami, Florida.
Hr. Currie is a past President of the AlA Palm Beach
the AlA Spanish River Section. His assignments h"
participating on juries for local and state chapter D
competitions including juries for the AlA Hichi,
Broward County Chapter, Florida South Chapter, I
Florida Chapter and Potomac, Haryland Chapter.
.fessor of
'ers i ty of
>ca Raton,
'1apter and
,9 included
sign Award
'1 Society,
ian River,
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Robert G. Currie, cont'd.
In his role as the firm's principal designer, Hr. Currie has had
the opportunity to make significant contributions to the City of
Delray Beach's architectural character. Some of /lis most
recognized assignments include the 25 Seabreeze office building;
the Holiday Inn Camino Real; the South County Complex and
Waterway East. Hr. Currie's firm is currently under contract to
provide architectural services on a new city Fire Station and has
been commissioned to prepare construction drawings for the Old
School Square cultural center.
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The Palm Beach Chapter of the
AlA honored two finns. Currie
Schneider Associates of Delray
Beach and Oliver Glidden & Part.
ner. AlA of West Palm Beach
during its 1986 A wards Program.
Currie Schneider received an
Award of Excellence for their
design of two office buildings.
I nterstate I and " and for the
Temple Sinai in Delray Beach.
Oliver Glidden was awarded for
their plan for the Greenacres
Fire Station in the City of Green-
acres, The 1986 Jury included
Don Singer, FAIA, Tom Regan,
Dean of Architecture, Univer-
sity of Miami and Don Sackman.
AlA,
Interstate Centre by Currie Schneider Associates,
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PARTIAL LIST OF AWARDS
1987 Z;, SF;AIlIlF;F;ZE
Delray Ueach, Florida
City of Dc-Iray Oeach COllll1lunity AppcarulH.:(' Hoard
1987 DELilA Y IlF;ACHI.lFEGUAIUl STAND
Delray Ueach, Flurida
City of Delray Oeach Commu.nity Appearance Uoard
1987 IWLIDA I' INN CAMINO ilEAL
Delray Beach, Florida ,
City of [)cleay. Beach COnllltllllity Appearance Board
1988 AUIlUIlN TIlACE
Delray Beach, Florida
Honorable Mention
Delray Beach Housing Authority
1986 TEMI'LF; SIN AI
Delray Oeach, Florida
A ward (or Excellence
Palm Deaeh Chapter
American Institute of Architects
1986 INTEIlST A TE CENTIlE
Fort Lauderdale, Florida
^ ward for Excellence
Palm neach Chapter
American Institute of Architects
1985 nllAIlENTON HOLIDAY INN
Uradentoll, Florida
Dest New Design of the Year
Torchbearer Award, Holiday Inns International
1984 HOLIDAY INN CAMINO REAL
Delray Oeach, Florida
Dest New Design of the Year
Torchbearer Award, Holiday Inns International
1984 NEWPOIlT NEWS CULTURAL CENTER
Newport News, Virginia
Second Place Winner
International Design Competition
1984 STINSON-HEAD OFFICE BUILDING
Doca Haton, fo~lnrida
Special RecoRnition A ward
City of Ooca Raton Community Appearance Uoard
1983 IlEIlKSIIIIlE Ill' TIlE SEA
Delray Beach, Florida
A ward for Excellence
Palm Beach Chapter
American Institute of Architects
2!j SEAnlH~fo;ZE
DELilA I' IlEACII, FWIUIJA
19HZ
3fifi OFFICE IHJIL[)ING
Delray Beach, Florida
Ilnnor Award
I'alm H('a('h ChalltN
AIll('rinn Institute> of Architecls
SOUTII COUNTY COMPLF;X
Palm Beach County, Florida
Awar I for fo~xcellenee
Pallll leach Chapter
Amcr lean Institute of Architects
TIIf; IJIlIDGE IlESTAUIlANT
Oclray Beach, Florida
A ward for Excellence
Palm U(!adt Chapter
American Institute of Architects
FEU> 'lESIIJENCE
A wa l for Excellence
Pah' ~ach Chapter
Am( <.n Institute of Architects
11I';r; ,ill'S IlF;STAIIJI,\NT
130)' I Beach, Florida
Aw. 'or F.xccllellce
Pair ach Chapter
Am( n Institute of Architects
SF;A )GF; CONIJOMINIUMS
Gull am, Florida
Aw.' ,f Merit
Flor Association
Am( m Institute of Architects
Eb'T' ;IA
Boca 'lton, Florida
fo'irst ace
Arv Design Competition
SOl COUNTY COMPLEX
Pair ~ach County, Florida
One ren Buildings to Exemplify
G00 I Jliding Design
Am, In Institute or Architects
SOil COUNTY COMPLEX
flah ach County, Florida
11m, . ward
FIOI Association
Am n Institute or Architects
IHHI
1981
19811
19811
1977
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1972
1971
~;~~T".
NEWPORT NEWS CULTURAL CENTER
NEWPORT NEWS, VIRGINIA
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CURRIE SCHNEIDER ASSOCIATES AlA, PA Is a full-service Architf!Ctural r1rm based in Delray Beach. Florida. E:ltahli~hl ,1969, the firm provides aervic"
to cllenta on commercial, hotel and rl!5On., retail, muIU-(amlly residential and governmental (adUties.
26 Seabrceze Avenue, Delray Beach, Florida 33483 (30~) 276-4951737-2279429'1566
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CITY OF DELRAY BEACH
BOARD MEMB~Al1LICATION
R'mrlpp .I_J:hldeL-
NAME
4n? ~ ~ ?7~h Avp . n..lr~y Rp~ch, Fl~. 33441
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
-
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Gulfstream Bl~'3._~' Suite 407.1 1177 N.E. 8th Street,Delray Bpac'4- F'lnrirl.. '114R3
..(Mll)?7R-L.n71 _l407l ~666
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Communitv RedevelO1;)ment A'iI"ncy.
Hlnu:1n-Belat'inn~. F.m'rAt';nn~ P'anni~Qnrl 7nning
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS See r~s~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES W~ICH YOU HOLD.
---5e.e.zeSc\Jl'lJe. - - -----
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~i~hael S. Weiner
and AssociatesJ P.A. - Attorney
DESCRIBE EXPERI ENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD. -.See..rp",mv>
U TO SERVE ON
PLEASE ATTACH A BRIEF'RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAJ'
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY AP
RECEIVE.
liD I AGREE
im IN THIS
I NTMENT I
AND
AP-
MAY
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RESUME
Randee J. Golder
462 S. w. 27th Avenue
Delray Beach, FL 33445
Home: (40~l 287-4675
Work: (407) 265-2666
EDUCATION
LAW: Nova University center for the study of Law
Ft. Lauderdale, Florida - Juris Doctor, GPA 2.92 (Upper 17%)
Graduation: December 1983
Distinctions:
American Jurisprudence Book Award - Civil Procedure I
Dean's List, Fall 1981 and Fall 1983
Silver Tongue Award, 1st Year Moot Court Competition
Moot Court Society Board of Directors, Fall 1982
National Mock Trial Competition Team, Spring 1983
UNDERGRADUATE:
Florida Atlantic University, Boca Raton, Florida
Degrees: B.A., B.S.M.T., both granted in 1979
Majors: Chemistry, Medical Technology
Activities: Student Body Senator, Chairperson of Rules and
Policies Oommittee; Florida Student Association, lobbyist
Rollins College, Winter Park, Florida (attended 8/74-12/75)
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Attorney
November 1987 - Present
Federal Public Defender's Office
Miami, Ft. Lauderdale, West Palm Beach, Florida
Assistant Federal Public Defender
September 1985 - November 1987
Dade State Attorney's Office
Miami, Florida
Assistant State Attorney
March 1984 - September 1985
Palm Beach State Attorney's Office
Delray Beach, West Palm Beach, Florida
Certified Legal Intern
June 1983 - December 1983
Malin & Haley, P.'A. (Patent Attorneys)
Ft. Lauderdale, Florida
Law Clerk
June 1982 - June 1983
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Humana Hospital South Broward
Hallandale, Florida
Medical Technologist
April 1981 - January 1984
PROFESSIONAL ASSOCIATIONS
Florida Bar
Federal Bar, southern District of Florida
Federal Trial Bar, Southern District of Florida
Eleventh Circuit Court of Appeals Bar
National Association of Criminal Defense Lawyers
Florida Association of Women Lawyers
Palm Beach County Bar
South Palm Beach County Bar
CIVIC ACTIVITIES
Director; Old School Square, Inc. (non-profit corporation)
Visions 2000, 1989
Co-Chairman, Delray Beach Street Auction
Legal Counsel for Old School Square, Inc.
Legal Counsel for Pineapple Grove Support Group, Inc.
Member of Morikami Museum
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CITY OF DELRAY BEACH
BOARD MEHBER APPLICATION
C;'>/-
NAME
Jon R. Lev inson
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
943 Evergreen Drive, Delray Beach, FL 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
1356 N. W. 2nd Avenue, Boca Raton, FL. 33432
272-0349
HOME PHONE
392- 3322
13USINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Planninl! &. Zonin,",
however I would consider any Citv Board.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS BS - Accounting, Jacksonville Univer~.,--
Jac:..ksonville. FL
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Florida Class_li..fur Conditioninl! contractor
GIVE YOUR PRESENT, OR HOST RECENT EMPLOYER, AND POSITION
__Er.~sident &. Owner - Enl!ineered Air
President - REL Enterorises. Inc.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD. -M:L accountinl! a.!}d business backl!round combined with
in air conditioninR contrastinR and many years of hotel operation
ment Qualify me for many boar<l11ositions.
OU TO SERVE ON
Ll~ars
ld develop-
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONT', NED IN THIS AP-
PLICATION HAY CAUSE FORFEITURE UPON MY PART OF ANY I 'OINTMENT I MAY
RECEIVE.
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CCUPATION
DUCATION
ROFESSIONAL
ICENCES
RESENT
FFILIATIONS
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JON R. LEVINSON
943 Evergreen Drive
Delray Beach, FL 33483
(407) 272-0349
President -Engineered Air, Fort Lauderdale, FL
Air Conditioning Contractor
President -REL Enterprises, Inc.,Boca Raton, FL
Owner and Operator of:
Holiday Inn Pompano Beach Directly
on the Ocean
Holiday Inn Fort Lauderdale West Hotel
& Conference Center;
Sheraton of Boca Raton Hotel & 'rowers
Jacksonville University, Jacksonville, FL
B.S. Accounting - 1971
Florida Class A Air Conditioning Contractor
Member of the Governor's Select Committee C<l Florida
Workforce 2000
Member of the Governor's Florida High Technology and
Industry Council Committee on Secondary School
Vocational Education
Member Board of Directors, International A!
Holiday Inns, Inc.
Chairman of International Association of He
INN-PAC Political Action/Governmental Afj
Chairman, International Association of Hol:
Marketing Association Presidents Council
Vice-Chairman International Association of
Audit and Administration Committee
Member of International Association of Hol:
Marketing & Advertising National Committe
President of Holiday Inns of Florida Hotel
Association
Member of Board of Trustees of Greater Ft.
Chamber of Commerce
,
Member of Tourism/Convention Task Force of
Lauderdale Chamber of Commerce
.
:Jciation of
'.day Inns,
.rs Commi t tee
IY Inns Hotel
. ~liday Inns
lY Inns,
;uketing
luderdale
:eater Ft.
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"FILIATIONS
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Member of Ambassadors Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member Board of Trustees of Greater Ft. Laun<-rdale
Chamber Political Action Committee
Member Advisory Board of Directors - Leadership Broward
Current Participant of Leadership Florida 1988-1989
Member of Board of Directors - The Discovery Center
Member of Board of Directors - American Cancer Society,
Broward Co. Unit
Member of Florida Hotel & Motel Association, Governmental
Affairs Committee
Member of DEL-PAC, Delray Business Leaders Political
Action Committee
Member of Tower Club of Fort Lauderdale
Treasurer of Unity School Endowment Fund of Unity
School, Delray Beach, FL
Member of Alpha Micro Users Society
Lecturer - Small Business Development Center
Listed in "Who's Who in the South and Southwest"
Listed in "Outstanding Young Men in America"
Co-Chairman of International Association of Holiday
Inns, Southeast Regional Committee
Vice President of Tourism, Conventions & Recreation of
Greater Ft. Lauderdale Chamber of Commerce
Chairman Education Task Force of Greater Ft. Lauderdale
Chamber of Commerce ,
Member of Board of Trustees of Greater Ft.'
Chamber of Commerce---political Action CO"
Finance Chairman of Board of Trustees of Gr
Lauderdale Chamber of Commerce---politica
Committee
Member of Executive Committee of Greater Ft Lnuderdale
Chamber of Commerce
Treasurer of Greater Ft. Lauderdale Chamber
Chairman of West Broward Div. Greater Ft. L
Chamber of Commerce
Vice President-Area Councils, Greater Ft. L' Iderdale
Chamber of Commerce
Chairman-Consumer Services Task Force, Grea r Ft.
Lauderdale Chamber of Commerce
Member of Long Range Planning Committee, Gr' ter Ft.
Lauderdale Chamber of Commerce
Member of ~ommerce Reaccrediation Committee Greater Ft.,
Lauderdale Chamber of Commerce
uderdale
Ii ttee
ter Ft.
Iktion
f Commerce
derdale
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SecretarY/Treasurer of HOliday Inns of Florida Hotel
Marketing Association
Member of Blue Ribbon Panel - Ft. Lauderdale Airport
Courtesy Project
Chai~man, Individual Gifts Committee - American Cancer
Society
Chairman of Leadership Broward IV
CO-Chairman of Leadership Broward III
Member of Board of Directors of Junior Ach~evement
Member of Junior AChievement Project Business Advisory
Board
Consultant - Junior Achievement Project Business
Member of Executive COmmittee of Junior Achievement
Member Jr. Ambassadors Advisory Committee, Broward
County School Board
Treasurer of The Discovery Center
Member of Board of Directors of Commerce Club of Ft.
Lauderdale
Chairman of Board of Directors of Commerce Club of Ft.
Lauderdale
President of Commerce Club of Ft. Lauderdale
Vice President of Commerce Club of Ft. Lauderdale
Member of Boca Raton Jaycee's
President of Boca Raton Youth Baseball/Softball Associaton
Director of National Association of Accountants
President of Boca Village Homeowner's Asso:iation
Chairman of Educational Council of Unity E:hool, Delray
Beach, FL
Member of International Association of Hospitality
Accountants
Member of National ASsociation of Accountants
PERSONAL
Married, wife Lori
Three daughters - Loren, Jamie, Jodi
Has lived in Delray Beach, Florida for the ast 9 years
and in Palm Beach County for the last 17 ~ rs.
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C' ;eA
CITY OF DELRAY BEACH
BOARD MEMBKR-Affk1QATION
NAME
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!c-vl'lj)gD /!'[!<Nt9,f'/J 1l7/77/!~LL
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
7;J _L/ -;-IlJIf,.tJ1"" /Jc~!l/Jy' 6 C4e./1 /";Ld Z' :5y-</J-
PRINC.!PLE BUSINJ:SS ,.sTRE.!!-ADDR~~:. S;ITY ,~IP A~ d _=.._'"'--.l.
;:), C;-/.J I ,c, cf:Lc:A8./ C2../ J./l. (;..L.t=-~, ,/) -I Q.. b->>C~0. n /l
L/- ~
-L CJo - ;)!) / s- r2.7i3 - /~o 0
HOME PHONE BUSINESS PHONE
ON WHAT BOARD~ARE JO~ INTER~STED IN S~_A~r ~-j 4A/N'~ .. ~ ?"~,(LJ
2 /J4I.LJvl QC'';LUL J/~ ;L,4!:1..LfJAI..L __24.. /J
LIST ALL CITY BOARDS ON WHICH YOU ARE ~URRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) /v'6'~~
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES W:!ICH YOU HOLD.
EC2.ZiLE t' ~ !.Li..-J:17~)-; ~ at
-P..fl. / to--7Dt2!-C:.L1
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION _..,___
,c/ C!.(/, ' 7JC.""i71Z. ,--------
.f!. ;;-;- ) A.J r-,-
,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY
THIS BOARD.
t)2/Ul~1_- ~ E j) (/
~T-7T~", // &::L
JU TO SERVE ON
__~s ,/fi1r
PLEASE ATTACH A BRIEF. RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTA
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY A'..
RECEIVE
lND I AGREE
.IED IN THIS
OINTMENT I
AND
AP-
MAY
,ry ~~ -~
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SIGNATURE --~, ~
_{J__i-l-_.~ j:" J li-~--
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PERSONAL:
Leonard B. Mitchell
727 Place Tavant
Delray Beach, Fl. 33445
Home Phone: (407) 495-2015
Work Phone (407) 243-1500
EDUCATION:
1976: Bachelor of Science Degree in Political Science and
Public Administration, Interpersonal Skills and Human
Resource Managment, Florida A & M University,Talla~asse,Fl.
WORK EXPERIENCE:
1983 to Present: Presently employed by the Palm Beach
County School Board Department of Police. Assigned to
Atlantic High School. Responsibilities include developing
security plans for all school activities as well as the
protection and safety of school personnel, property and
students within the school district. Also responsible
for enforcing all applicable Florida State Criminal
Statutes,also with a physical plant in excess of 6C
million dollars, a Professional staff of 110 peopl~,and
a student population of 1,700,and the implementation
of a series of Drug Education programs to prepare students
to cope with the perils of drug use in our society.
1982: Employed by the Tallahassee Police Department
sworn Police Officer. Received my police Certifi.
from the Lively Law Enforcement Academy.
1980-82 Employed by Container Corporation of Ameri.
Customer Service Representative. Primary responsib,
were customer communication inventory control whicl
cluded warehouse management.
1977-80: Served as a Commissioned Officer in the UJ, :ed
States Army.
as a
tion
as a
lties
in-
1977-78: Assistant Chief of Personnel Management. I Lted
States Army Infantry School, Fort Benning,Georgia. ~e-
sponsibilities included the assigning of all incom 1
Officer personnel~managing the schools' travel bud, _,
the development and implementation of a workable r! !
relation program and interpersonal skills program.
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CITY OF DELRAY BEACH
BOARD MEHBER APPLICATION
ii ,[I(
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ROgE:~T H, MooRE:
:i 1'1 5EA S'A6-f. Ws.'V~ tEL~'f &.1.UL
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
5""QD N, W. 20 W- S171..f:f:.T BoCA RA1aJ J343 I
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
NAME
3 J 4 rr3
(407) n r, 7040
HOME PHONE
(101)Z.1o-7z.t~ 393-]713
, BUSINESS PkONE
(uM~-F\)f.VE-Lf)PM&-I f
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUA~IF&~r.r~Nf ~Q.-.LA-~~4i ~H 5<."~:-"Q!::' . SUC,tfST
--.1lLC:r!.L.S...Q.@J. . '_ . clil~_QtJ vb S I ' ( @l. vld'L. :.u=t () F
~.c.L-i1 C.,-AN______
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~ljICH YOU HOLD.
GIVE YOUR PRESENT~O~n~OST
=~ 6{~ 111-:....,~s.h-ll.Qj~
L NS~
WHICH QUALIFY
rn,vc.ro\.,tLi .,
1'-'10 ldLL
I "'(4:~'(~.
)U TO SE;R,'{E ON
c: I S I O,.J, /v\A K1.d..(,../
E26!D
PLEASE ATTACH A BRIE~ RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF HATERIAL FACTS CONTA:
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY A"
RECEIVE.
.ND I AGREE
lED IN THIS
OINTMENT I
AND
AP-
MAY
_~'1!:{iL~e!}o!t. _~____
SIGNATURE
__AYJl~LSJ ~f.,_LJ] 6"_~___
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ROBERT H, MOORE
1103 VISTA DEL MAR DRIVE
DELRAY BEACH, FLORIDA 33444
(305) 278.7040
PROFESSIONAL EXPERIENCE
MANAGEMENT CONSULTING BUSINESS. PRINCIPAL-CARIBBEAN BASED
Own enl,ep,eneu,ial busine.. established loevaluale and ma,kel ProduCls fo, induSlry 10 p,oduce and dislribule, Includes planning, selecting and
imptemenling new inveslmenls wilh conside,ation of prima,y aspecls 01 funclional feasibillly; financial acceplabillly; and economic P'Oductivily
Operating association with major internalional manufacturing and marketing companies.
5179 10 Present
'FORTUNE 500' HEALTH CARE CORPORATION, LINE AND STAFF MANAGEMENT-MIDWEST BASED
Held various managemenl POsitions including General Manager, Ca,ibbean Operations; only Executive AssistanllO Ihe President, world.wide
Pha,maceuticaland Consumer Producls Division: onty Adminislrative Assislanllolhe C~airman olthe Board. and Ihe Chief Executive Ollicer, and
the President. parent corporation; President 01 subsidiary. Travelled worldwide.
9nl 105/79
Own organizational and I,ouble shooting sales. marketing. disl,ibulion. manufac'urlng. personnel. and linonce. consullants to 'FORTUNE 500'
corporations, Major p,ojecl proposal to reorganize pharmaceutical company was accepted and I was hired to implemenl changes ,ecommended,
MANAGEMENT CONSULTING BUSINESS, PRINCIPAL-MIDWEST BASED
3/71 to 9/71
2170 103/71
I,1ANAGEMENT CONSULTING. ASSOCIATE-MIDWEST BASED,
"'a,keled, consulled and conducted Ihree and five day executive seminars from Coast.lo-coas" emphasizing problem Solving, decision making
md planning, Clients included major co'porations like Ford MOlor Co,. General MOlors. General Electric, and man'l olhers,
'ORTUNE 500' PUBLISHING CORPORATION. DISTRtCT MANAGER-MIDWEST BASED
eading Manager in U.S. sales for two years, lor original equipment markel, plant engineering, and industrial pro(.'ucts
10167 10 2nO
eading sales p,oducer in every aSSignment. "Salesman 01 Ihe Year" in 1962, National competitive award for dev, I ping multi'million dollar
holesaler in increased revenues and operating income.
'ORTUNE 500' CONSTRUCTION INDUSTRY CORP,. MARKETING REP,-SOUTH & MIDWEST BASED
6no to 10/67
~~
~ecellent heallh, actively playing competitive tennis and golf; scuba diver.
:live in business /civic alfairs: Past President. Industry Managers Crub; Vice President, Industry Association; FOI
lvisory CounCil: Presidents Association; T<tsk Force member, Presidents Council on Physical Fitness and Sports; ,
r member of UniverSIty
rch Board 01 Directors.
)UCA TlON
'acrest High School, Delray Beach, Florida.
ltversity 0' Virginia, Charlottesville, Virgina.
mison University, Granville Ohio, B.A.
liversity 0' Michigan, Dearborn, Michigan, M.B.A.
adership Development Institute, Princeton, New Jersey.
Imerous American Management Association Development Courses.
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Cln OF lJELRn DF.ACII
.Il.l2A1lJLll.EllIl.ElLA.f.fLlJ;AJ:l lllL
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~In
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Loren ~I. Sheffer
IIAIIE -
925 NIl 7th Court Delray Beach, Florida 33445
iioiiESTREETAviiREs:S;:cI n, ZI P (LEGA LRESIDEiiCE) -------------- +_.___.
3orton Volvo, 2201 North Federal Highway Delray Beach, Florida 33483
rRiNcIPLE:DUSIUESS STREET ADlJRESS, CITr:-lIP
(407)495-8717
i 407;' 243-4600
1IOIIE PHOIIE
---------- ---..-..-
DUSlIlESS I'HOIIE
011 WIIAT DOARDS ARE Y,OU I1lTEDESTED ,III .s&R'lIIIO "I hnve never servoo on any apnointed
boaJ:ds. I have chaired the North Federal Higliway T'..5lI. !'UL'-'" wltl-c!t-!las-proy.iElea me_
with excellcent l;orking );nowlec1ge 1:.0 serve die "ok.A. -
LIST ALL CITY DOARlJS ON WHICII YOU ARE CUnRENTLY SERVING OR IIAVE PREVIOUSI,Y
SERVED (Pleaee include dates)
ElJUCATIOIIAL QUALIFICATIOIIS
a~chelor of Science CUm Laude, Univer~ity of Wiscon3in-
-Eau Cla1re, 1~/b
LIST AllY RELATED PROFESSIOIIAL CERTIFICATIOIIS AIID LICEIISES 1IIIlCII YOU HOLD.
Florida Auto DealeEs License
GIVE YOUn PRESEIIT, OR IIQST RECEIIT EJIP,t-.PYER. AIID POSITIOII
Borton Volvo, Vice Pre:31dent C. Genera'l l'"".ager
DESCRIDE EXPERIEIICES, SKILLS OR KIIOI/LEDGE WIIIC', QU~Llf'Y
TillS DOARD. 'i'he City of Delray is at a critical time 1n 1tS hi:3tory.
bur ehcted and appc)1n1:.ecl otl:1calS co aecermlne U,e, diL",,,UUIl ttm-
-'- 't~' take. llv 'e;:rerience as a manager and a negotiator I believe cc
to the ,CPA. The other quality I feel I Can lena to the CR.\ iG my
PLEASE ATTACH A DR1EF RESUIIE. been successful in the endeavors tc
and enthusiasm goes a long I'laY to IT,
lover I
I HEREDY CERTIFY TIIAT ALl. TilE ABOVE STATEIIEIITS ARE TRUE,
UIIDERSTAIID TIIAT AllY HISSTATEIIEIIT OF IIATERIAI. FACTS COIITA:
PLICATIOII CAUSE FORFEITURE' UPOII III PART OF' AllY A'"
RECEIVE.
pt!' iJ~p~~RVE 011
'-:I ..i....> gOll~0
I be or uSSls~nnce
:!rgy. 1 nave 1uways
:lich I waG CCllmitted
Lng a conmitt;ee WDrk.
ii/V I AGREE AIIO
,EV III TillS Ar-
OINTIIEIIT I HAY
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Loren Sheffer
925 NW 7th Court
Delray Beach, Florida 33445
Phone-Bus. (407)243-4600
EMPLOYMENT
EDUCATIONAL BAQ<GROUND
PERSONAL
GJALS
HOBBIES
.
Home (407)495-8717
- 1/88-present
Vice President, General Manager Borton Volvo Delray Beach
- 8/84-12/88
Used Car Manager Borton Volvo Minneapolis, Minnesota
- 10/83-8/84
General Manager Aero Precision Engineering
st Paul Park, Minnesota
- 7/83-10/83
Salesman - Morrie's Imports, Wayzata, Minneapolis
- 2/78-7/83
Walser Automotive
Salesman, Salesmanager
College - University of Wisconsin - ,:au Claire
Class of '76 Bach. of Science CUm Iilude, Art Education
High Schcol- Glenbrook South High School
Glenview, Illinois Class of'72
Married, No Children
Short term, to be the highest quali '
in the Southeast Zone, to make my t
to start our family.
Volvo dealer
~ in Delray, and
Long term, to look back on my life d not feel as
though I had missed out on too mud
Spending time in Northern Minnesotc ishing and having
my biggest concern be if I brought. ,ong enough bait.
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CITY OF llELRAY BEAell
.Il.llA1lJLl1EllD.f;lLAULl.l;Ul !H1.
KATHI D. SUMRALL
IIAIIE
60 MARINE WAY DELRAY BEACH, FLORIDA UU$*U
iioiiEsriiEETADDiiESS~CITY, ZIP (LEGAL RESIDEilcE)-------
822 EAST ATLANTIC AVENUE, DELRAY BEACH, FLORIDA 33483
----------
-----_._---
PRIIICIPLE BUSIIIESS STREET ADURESS, CITI, ZIP
265-3492
1I01lE PIIOIIE
272-,6700
-----..------..-
BUSt/lESS PIIOIIE
011 WIIAT BOARDS ARE IOU IIITERESTED III SERVIIIG
Ccmmunity Redevelopment Asene)
LIST ALL CITY BOARDS Oil WIIICII
SERVED (Please include dates)
YOU ARE CURRl:IITLI SERVING OR IIAVE PREV100SI,)
Planning & Zoning 1983-1988
Beach Advisory Committee 1987-present
EllUCATIOIIAL QUALIFICATIOIIS
See At tach,ed
LIST AllY RELATED PROFESSIOIIAL CERTIFICATIOIIS AIIll LICEIISES WIIICII YOU IIOLll.
See Attached
GI VES IOUA" PRESEIIT, OR 1I0ST RECEIIT EllrLOYER, AIID rOSITIOII
ee ttacned
VESCRIBE EXrERIEIICES I SKILLS OR KllOl/LEDGE WIIICII QUALl \ Y YOU TO SERVE 01
TillS BOARD. Born in Delray 1945 and lived here continuo ,ly.. .very
sensitive to the communlty. Been in real estate sine 1972. See
atcacnea resume.
rLEASE ATTACII A BRIEF RESUIIE.
I IIEREBY CERTIFY tllAT ALL TilE ADOVE STATEIIEIITS ARE TI
UIIDERSTAIID TIIAT AllY mSSTATEIIEIIT OF IIATEnIAL FACTS CI
rLI C AT I 011 II A I C A US E FORFEI1'Un E' UPOII III P ART OF' A II';
RECEIVE.
" AIID I AGREE Alii
CAIIIElJ III TillS Ar
APr01NTIIEIIT I 11/\
~rD\~.
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~IGIIATURE
Mav L-lia.i
llATE
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KA THI SUMRALL REALTY, INC.
811 East Allalltie Avtllu.. D,I,a)' O,ad" Florid. JJ48J .4()7.171.67Q()
1972-1977 Ena G. McFee, REALTOR
De1ray Beach, Florida
Position: Realtor/Associate
1977-1985 Bonnell Realty, Inc.
De1ray Beach, Florida
Position: Realtor/Associate
1985-1988 Ena G. McFee, REALTOR
De1ray Beach, Florida
Position: 'Realtor/Associate
1988- Kathi Sumrall Realty, Inc.
De1ray Beach, Florida
Positon: REALTOR
KATHI D. SUMRALL
EMPLOYMENT:
"
"
CIVIC:
1973-present
1978-1980
1983-1988
1985-1987
1987
1987-present
1987-1988
1987-1988
1989-present
1989-pre,sent
RESUME'
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f\ .t. "t.. f~. .~ ',1/ J. .!I...
JUN 1 \989
(;\1/ Mi\i,,,,,if(:', ,',,[ie:,
Various Committees of the De1ray Beach
Chamber of Commerce.
Chairman of Political Affair Committee
for De1ray Beach Board of Realtors
Member of Delray Beach P1annin9 and
Zoning Board
Chairman of the De1ray Beach Planning
and Zoning Board
Member of De1ray Beach ,City Manager
Task Force
Member of Beach Advisory Committee
City of De1ray Beach
Member of Board of Directors of Old
School Square Foundation,
De1ray Beach, Florida
Member of Board of Directors of the
De1ray Beach Board of Realtors
(Realtor/Associate position)
Member and President Elect of Board of
Directors of Delray Beach Board of
Realtors (Realtor pOSition)
Member of Board of Directors of the
Florida Association of Realtors
CAREER RELATED EDUCATIDN AND COURSES:
1972
1975
1986
1986
1987
1988
1988
.
1972-present
.
Florida Real Estate Commission Course
(Salesman's course)
Florida Atlantic University
Florida Real Estate Commission Course
(Broker's Course)
Florida Atlantic University
National Association Master Appraisers
Priciples of Appraisal course
National Association Master Appraisers
Practice of Appraisal course
Marshall & Swift Residential Cost
Replacement Handbook Course
Certified Real Estate Appraisers cours,
National Association Master Appraisers
Effective Court Testimony course
Various educational courses and
seminars too numerous to,list sponsore~
by and/or required by the Delray ~euch
Ooard of Realtors or the Florida
^5~nri~tion of Realtors
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CITY OF DELRAY BEACH
~AB] MEMBER APP~~ATION
-.fl1JLt:1 A EO L
NAME
~'
W 2 -L!::.L.F;;; ~__________
SO_'i r.H.. t:- A/\, u e.. ~ kAtJP-' r)r::;--b.ReLi___-!3.~,~ ( H
HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
(YI, W I;,: I tV e: fZ ~ 1"\'.50 So 0 c. ( (.\, eo .s r ;:>, -4 '
<" "'J<:.. '-i {).., II 7"'7 IV, F, ~ 7>'1 .ST --D.E:.~L<.t:t.'t___i3,J.~1:::L , F I-
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP. :3 3 'I g- 3
ch.__
s5'{?3
--L7~ - .3 '1 5''-(
HOHE PHONE
___ :l..i:L S . .:U {; t,
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
()1f?/~r: A6-p IV r: y
en fjl fJ/ ,1 IV" .,'/
Rr; 'D1i: /.In c;P'
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) IV (J~____
EDUCATIONAL QUALIFICATIONS
P t..li<...ti < F:
5'~ e:. ____g~~j;JlLt::_-13 'T7A (tfE i'-
~
------------- -_._----_. ------_._-_._--
_._------- .------..-.----.-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
e }II (.L __ B..fliL._J:9..5?~...8:r.L.QN-,-_--E~.l2..d:--1SIi.E__ ft45 OL.i.LJ-_"'CU2A.i___
---------.------.-------
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER,
In/Iff L::w.l,___J:/iE-/N P R 7- A sc; n, 1"1'-'-(=';:<;
.LflJ1 )
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY OU TO SERVE ON
THIS BOARD. ccr= f- ?JE C, () m,c A-TiftLl::Lp. /) _____
AND POSITION. )~.J.E..-_.E./l1P1-0Y"'D
1- 'i>,Ji'y__A ,', 7:fJ/.:?.LY..F"Y~_~,4r:..-
--------------
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONT~
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY A
RECEIVE. 0 /
P Ii
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-4f~'#R1--\t-j ~
i\ND I AGREE AND
'ED IN THIS AP-
OINTMENT I MAY
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RESUME
Michael S. Weiner
509 Oleander Lane
Delray Beach, FL 33483
Home: (407) 278-3954
Work: (407) 265-2666
EDUCATION
LAW: University of Michigan Law School
Ann Arbor, Michigan - Juris Doctor (graduated wi~~ honors)
Graduation: May, 1974
UNDERGRADUATE:
Washington & Jefferson College, Washington, Pennsylvania
Degrees: B.A.
Majors: English
EMPLOYMENT
Michael S. Weiner & Associates, P. A.
Delray Beach, Florida
Senior Partner and Founder
March 1, 1986 - Present
Csank, Csank & Weiner
Cleveland, Ohio and Palm Beach, Florida
Partner ,
September 1, 1983 - February 28, 1986
Guren, Merritt, Udell, Sogg & Cohen
Cleveland, Ohio; Columbus, Ohio; and Miami, Florida
Attorney/Partner (1980)
May 11, 1974 - August 31, 1983
OTHER ACHIEVEMENTS
Licenses:
Member, Ohio State Be'
November 9, 1974
Member, Florida State ,ar,
December 5, 1978
Former Member of the Board of Trustees of the Rc lId McDonald
House of South Florida, Inc.
Former Committee Member of the Public Broadcasti! Channel Two
Advisory Auction Board
Former Committee Member of Miami Chamber of Comrr' ca, Riverfront
Quadrant Development Committee
.
Former Committee Member of Beachwood Civic Lea~, Planning and
Zoning Committee
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Pro bono counsel for Old School Square, Inc., a non-profit
corporation
Teaching:
1976-1977, taught evening classes for
paralegals at Dyke Comlrunity College,
Cleveland, Ohio. Course: "Negotiable
Instruments and Sales under the Uniform
Commercial Code".
Speaker:
1978, Public Accountant~ Society of
Ohio. Topics: "Sales end Leasebacks,
Recent Developments" and "Corporate
Stock Redemptions and Attribution
Rules".
1979, Public Accountants Society of
Ohio. Topic: "Tax Planning Concerning
Corporate Owned Life I.lsurance".
1980, Public Accountants Society of
Ohio. Topic: "Tax Aspects of
Acquisitions and Dispositions of
Businesses" .
Publications:
1980, Cleveland Tax Institute. Topic:
"Relief from Section 3l1l Attribution
Including Waiver of Family Attribution
by Estates and Trusts ;,nd Changes in
IRS Position on Sectio. 302 (b)(l) and
Family Hostility".
Author, "Real Property: For the
Connoisseurs of the Preposterous--When
Is It A Capital Asset?", 24 Cleveland
State ~ Review 573 ( .175).
CO-Author, "Accumulate,
and Stock Redemptions-
on the Reasonable Busi
28 Cleveland State La~
(1979). -
Earnings Tax
urther Thoughts
ss Needs Test",
eview 417
CO-Author, "Stock Rede,
Reasonable Business Ne,
on Accumulated Earning!,
For Accountants 176 (M,
tions Can Be
s to Avoid Tax
, 26 Taxation
'ch, 1981).
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CITY OF UELRAY DEACII
llilAll.lL1l.EWlJ:;LAULl.C AI J H It
IIA/lE
CLAYTON WIDEMAN
_.- -_._. ------...---- -. ~
225 N.E. 21 Street, Boca Raton, Fl 33431
---.---------------------- -
liD/IE STREET ADDRESS, ,CITY, ZIP (LEGAL RESiiiiiicEj-----'--
400-404 W. Atlantic Ave, Delray Beach, Fl 33444
---------------------.------------- -
PRI/lCIPLE DUSINESS STREET AIJlJRESS, CITY, ZIP ---------.------.. ..-----.
391-6644
1I0/lE PIIOIIE
_._------- -.-.. ---.---- --
276-4915/216-5066
--------.... ---.-.--. --- - --
DUSlllr.,sS 1'lIol/E
011 WIIAT DOARDS ARE YOU IIITERESTED III SERVIIIG
C.R.A.
---
----.-------
LIST ALL CITY DOARIJS 011 WIIICII YOll ARE CURREIITLYhSERVlIlU on IIAVF: rnEVIOU,';!.r
SF.RVEU (Please include dates) See Resume attac ed
---------
----.----
EUUCATIOIIAL QUALIFICATIOIIS
See Resume att ached
LIST AllY RELATF.1J PROF'ESSIO/lAL CERTIFICATIOIIS AllU [,ICEIISES \:lIlC'II YUU IIULlJ.
Cosmetology I.icenjle . and Barber License
Gl.VE YOUII PRESEIIT, UR /lOST RECENT E/lPLOYER, AIID POSITIOll
_His & Hers Hai~~eations - Owner and Mana~er. proprietor of
Clay & My's ~eyti~~e.
UESCRIDE EXPERIENCES, SKILLS OR KNOIILEDGE WIIICII QUAl.1FY
TillS DOARD Professionally, I have held an excellent reput ,
past twenty years~ln aodition, I have served on severaTm
and have continued to serve the community 1n everYasnect aE
employed 1nd1vldual.
PLEASE ATTACII A DR1EF RESU/lE.
'uu TO SERVE 011
ion for the
or commltt"es
--- .---
JUL
I IIEREDY CERTIFY TIIAT ALL TilE ADOVE STATElIE/lTS ARE TIIUE,
U/lDERSTA/lD TIIAT A/lY IIISSTATElIENT OF IIATERIAL FACTS CONTI
PLICATIOII IIAY CAUSE FORFEITURE UPO/l HI PART OF' AllY Ar
RECEIVE.
UlU I AGREE
lED Ifl TillS
OIflTllE/lT I
^I/II
H-
HAY
C,~Fjd;e;~h<?~~
. IG/lATURE '
June 21, . ~~_
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Clayton Wideman
Proprietor
Clay & Hy's Boutique & His Hers Hair Creations
Personal
Educational/
Professional
Experience
1962
Diploma
1965
Diploma
A.A. Degree
1973
1981
Diploma
Clayton (Clay) is a well known business person.
He and his wife Hyacinth (Hy) have been married
for 24 years. They both own and operate Clay &
Hy's Boutique & His & Hers Hair Creations
for the past 17 years.
Clay was born in Delray Beach, Florida, as a
youngster his parents moved to South Georgia where
Clay grew up. At age of 18 after the death of his
his parents, Clay returned to South Florida.
Graduated from Magnolia High School, Thomasville
Georgia, 1960
Barber Science and Hair Designing, Miami Barber
and Beauty College, Miami, Florida
Cosmetology Training Center, Carver High School,
Delray Beach, Florida
Palm Beach Junior college, Lake Worth Flclrida
Make-up Artistry, Hollywood College ,f Beauty
Culture, Hollywood, Florida
Several certificates received for advanced
workshop training in hair technology
Winner of several state trophies For hair
designs and salon techniques. '
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Professional
Organizational
Community Activities
1968-1970
1968-1973
1973-1980
1974-1980
1978-Date
1978-1979
1979-1980
1980
Feb. -May
1981-1986
1982-1986
1981-Date
1987-Date
1984-1985
1987
1988-date
1988-Date
Jan. 1~89
.
Member of the Christian Movement for
Civic Action, Delray Beach, Florida
Treasurer/Board Member, Delray Beach
Community Child Care Center
Member of the Delray Beach Cpcistmas
Lighting Committee
Chairperson, South County Migrant Health
Program
Member of the Greater Delray Beach
Chamber of Commerc~
Member of the Cosmetology Board, South
County Technical Training Center,
Boynton Beach, Florida
Member of 'the Delray Beach,
Beautification Committee
Served on the City of Delray Beach Fact
Finding Blue Ribbon Committee for. the
Delray Beach Police Department
Member of the Urban League, Bo_::a Raton
Chapter
Member of the Urban League Board,
Palm Beach County
Member of the Orange Blossom Cos~!tology
Association
Appointed as an Officer to the .,ard of
the Cosmetology Association at t state
level
Appointed by the Mayor of the Ci of
Delray Beach on a Task Force : n the
revitalization of Atlantic Avenu
Phi Beta Sigma Fraternity, Inc.
Member of the Police Community visory
Board, Delray Beach
Member of the Partnership using
, Advisory Committe
Advisory to the Adult Education I :Jgram,
Carver Middle School, Delray Bea
r
1988-Date
1988-Date
Awards:
1978
1983
1984
1988
1989
1978
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Member of the Peach Umbrella Plaza
Association
Member of the Noon Kiwanus Club
Phi Beta Sigma Fraternity, Inc.
Citizen of the Year Award.
Zeta Phi Beta, Palm Beach County Chapter
Continuing Community Service Award.
NAACP Outstanding Businessman of the
Year Award.
Palm Beach County Black Annual Awards
Outstanding Businessman of the Year.
Delray Beach Masonic Lodge 275 Annual
Award for Outstanding service to the
Community.
Winner of Miss Clairol Hai~ Color
contest.
BOARD APPLICATIONS
UPDATED JUNE 1, 1989
BOARDS
)ATE
"JlPL APPLICANT " BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB p&:
10/87 RETT TALBOT X
11/87 NORMAN B. RADIN X
11/87 MADELINE PULITANO X ,
11/87 JEAN BEER A X
2/88 SAMUEL M. DeOTO A X
4/88 HELENE S. EGELMAN X
4/88 MATTHEW GRACEY, JR. A
5/88 LORRAINE KASPER X
5/88 HUGH B. GAGE X - X
5/88 CHRISTINE B. BULL X
5/88 K. WAYNE CAMPBELL X
5/88 CATHERINE G. NEWKERK X X
5/88 DAVID B. KLARER X A
5/88 EDITH JENNINGS X
5/88 JON R. LEVINSON X
5/88 KATHRYNE B. STOKES X
6/88 DAVID W. SCHMIDT A
6/88 ANITA DEUTSCH Any Board
6/88 SCOTT C. BECHTLE Any ~oard
6/88 MILDRED SCHERER X
6/88 DESIREE L. SNYDER X
6/88 JEANETTE SLAVIN A
6/88 SANDRA W. ALMY A X X
6/88 MARK L. KRALL X X X
6/88 MARY W. HAUSSERMANN X
6/88 CONNIE MACKENZIE X X
6/88 LARRY BILLION X
6/88 FRANK A. ROZZO A
6/88 JAY FELNER . X
6/88 RITA NARON X
.
X a Board applied for
A = Appointment to Board
Ie - f(
)ATE
\PPL APPLICANT
BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB p&Z
,
5/88 JANE L. MINTER X
5 88 LARRY M. SCHNEIDER A
7/ 88 ALICE FINST X A X
<
7/88 MARY BANTING .' X
7/88 DEBORA T. OSTER X
7/88 LILLIAN FELDMAN X
1/88 DERI JOY RONIS X
1/88 MURRAY SOHMER X X
1/88 SANDRA K. NORTON A X
Res; !qned
..
'/88 LEONARD SYROP X
1/88 SAM SCHWIMER X
1/88 CAROL FOSTER X
1/88 ROBERT H. MOORE X
1/88 LEONARD B. MITCHELL A X
. ,~-_. X X X X X
0/88 ROBERT P. FERRELL A
2/88 SHARON BUSH X
/89 H. RIC ZAZZI A
:/89 DAVID HENNINGER X X
:/89 DIANE L. DeMARCO A
-
:/89 DARRELL D. RIPPETEAU X
: /89 P. RICHARD BRAUTIGAN X X A x
/89 ROBERT G. CURRIE X
/89 RICHARD A. MILDNER A
/89 JUNE HENLEY A
/89 THOMAS G. PURDO X X
/89 STANLEY WATSKY X X
/89 WANDA GADSON X
/89 RONALD A. LUSK X X
/89 BETTY I. JANIN X X
/89 J. REEVE BRIGHT X
/89 LAWRENCE PARKE R A
/89 MICHAEL S. WEINER X
.
X z Board applied'for
A = Appointment to Board
DELRA Y BEACH
[Q)OWNTOWN
[Q)EVELOPMENT
,ffiUTHOR ITY'
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64 S.E. FIFTH ANENUE
DELRAY BEACH, FLORIDA 33483
(407) 278.0424
May 25, 1989
City Commission
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Dear Members of the City Commission:
The Downtown Development Authority has
term expiration for two members and
recommend persons for the positions.
been made by the Board to fill these
received notice of June 1989
the Chairman and wishes tc
Therefore, nominations have
imminent vacancies.
The names for nomination include:
1. Roy Simon for re-appointment. The Board feels it is in it"
best interest to provide for a continuity of leadership by a member
of the community who has shown a proven commitment to th~
betterment of Delray.
2. Bob Cheslea, owner of Robert's Gift Center, Inc. at 518 E,
Atlantic Ave. Cheslea has over 17 years of e~perience in retail
including management positions with Sears and JC Penney. He has
also chaired the Christmas Lighting Committee for the past t,.'o
years and is familiar with accounting and financing proced~res.
3. Linda Glass of K~mberly's, 777 E. Atlantic Ave.
presently serves on the Board of Directors for the Atlantic
Association and served as Chairman for the Atlantic
Merchant's Group and is currently still involved. A
Kimberly's is located in Oak Brook Square, North Palm Beach.
is a seven year resident of Delray. She also served on an
committee for the DDA in 1988.
Gl~s=
Avenue
Plaza
second
Glass
ad-hoc
4. Bruce Gimmy, owner of The Trouser Shop, 439 E. Atlantic Ave.,
since 1984. Gimmy is a nine-year resident of Delray Beach and
long-time member of the Chamber of Commerce.
Abre.-lI .
5. Phil ~sFil'A~~ner of The Mole Hole, 777 E. Atlantic Avenue, for
three years. ~ is a retired past president and publisher for
Gannett newspaper in Port Huron, Michigan where he spent over 30
years with the paper. Presently, Abril is Chairing the Merchants
Group for Atlantic Plaza. He is a recent Delray resident.
1
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.
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6. Carole McMillan Stanley,
Qualifications recommended by the Board for appointment include
availability for bi-monthly luncheon meetings, a background in city
affairs, and the desire to have atleast one merchant and one person
with financial experience to serve on the Board.
We hope these nominees meet with your approval and look forward to
the Commission's response.
Thank you for your time.
Sincerely,
~~,~
Chairman
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[ITY DF DELRAY BEA[H
100 N.W 1st AVENUE
DELRAY BEACH, FLORtDA 33444
407/243-/000
MEMORANDUM
TO:
Mayor and C~nY(~ommiSSion
City Manager 'If J/:",
;VI"
FROM:
SUBJECT:
DOWNTOWN DEVELOPMENT A HORITY APPLICATIONS
DATE:
June 27, 1989
Two additional applications have been received for appointment to the
DDA. The first is from Chris Wenzel. Ms. Wenzel had submitted her
application on June 9th but it was not among those returned by DDA
staff on Friday. We discovered the omission today and Ms. Wenzel
should be considered.
Additionally, Sal Matteis has applied for membership on DDA. Hi~
application is enclosed as well.
WOB:nr
Encl
/I-
THE EFFORT ALWAYS MATTERS
CITY OF DELRAY BEACH
BOARD ME~ER APP~ATION
",0 /
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Christine A. Wenzel
NAME
111 S.F.. 7th Ave., Apt. D Delray Beach, Florida 334B3
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
401 East Atlantic Ave. Delrav Beach, Florida 334B3
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
278~3 260
HOME PHONE
27B-2885
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Downtown Development Authoritv
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS Bachelor of Business
from the College of William and Mary; Master
\MarketLnq) from the University of Florida
Admin;strM~inn (M~"~q~m~"~)
of Businpss Anmin;~~~~~i~~
.,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Buyer 2nd Manaqer at Mercer Wenzel. Inc.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. I have a broad knowll'>dqp of ",,,,,,inp,,,,, "nil" vpry "'p",.ifi,.
interest in the vital it of Downtown Delra Beach ~lso am u't
,amLliar with the Downtown, havinq lived and worJ~ed in the area for vears.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECE;,.VE. ~
'~/~ V ~7/fd
~,"m' , - j/ ,m
EDUCATION
WORK
EXPERIENCE
ACTIVITIES
CHRISTINE A. WENZ'EL
111 S.E. 7th Ave., Apt. D
Delray Beach, FL 33483
(407) 278-3260
UNIVERSITY OF FLORIDA, Graduate ~chool of Business
!,jaster of Business Administ:ration, May 1986
Concentration in Marketing
Title VI Fellowship in International Studles
COLLEGE OF WILLIAM AND MARY
Bachelor of Business Administratlon, May 19"80
Major in Manag2ment
Honors: Omni Group cf the College cf 5uslness
MERCER WENZEL DEPARTMENT STORE, Delray Beach
Seasonal employment 1968 through 1979. Full-time
employment 1981-1983 and 1988 to present.
Present position includes Manager and Buyer for
Children's and Domestics Departments.
EF HUTTON, North Palm Beach
Account Executive, 1986-1987.
Trained in sales and licensed to sell stocks,
options, mutual funds and commodities.
.'
bonds,
REYNOLDS METALS, Belleville, Illinois
Management Training Program in the Aluminum
Recycling Division, 1980-1981.
INTERNATIONAL BUSINESS M,~CHINE , Boca R, Lon
Student Emp::'oyment Progr;:n, Sur':"1er 1979"
Represented William and Mary in the NCAA Division II
Swimming Meet, 1979.
Represented Boca Raton in a swim exchange with West
Berlin in the summer of 1978.
Travel experience in North and South America and
Asia.
Hobbies include tennis, swimming, travel and foreign
languages"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
:J A L fY)ATTt I'>
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
5\ I,-\- PAlM OR-'\je.. Dfl f2i\'::1- BEIlCh) FIA 3';:;'-/ ~5
,PRINCIPLE BUSINESS STHEET ADDRESS, CITY, ZI.!'. 'F/ . d <l
13b .!:~tLdNl1C _J4ve.. 'De l~ l3etfCh, _ A ~ '5 tJ-:::L
7,~d - \?S"q ~ ::<7'i- 3d 3 c'
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ]) DA
LIST ALL CITY BOARDS ON WHICH YO ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) IJ A
EDUCA TIONAL QUAl-IFICA TIONS KIlII F PI L{
1>,oc '" ~'b:J F\ ~
,
.'
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION SA)' S 51"'-';:-
Si-Wps. r,.Jc - DE)flAJ '"'BEAd; Fla
DESCRIBE EXPERIENCES, SKILt"S OR KNOWLEDGE
THIS BOARD. '" L Vult.;, P-'LQ 0
N1'ClO,J \ \-,
~~ ~~ q ~
cNJlI'"vCef>1e,,/i ,f- OUR Po""..) ~LY
PLEASE ATTACH A BRIEF RESUME.
ON
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I
RECEIVE.
AND
AP-
MAY
~~~-
SIGNATURE
1,/&7/; j
, DAT
,
C3REATER OELRAV BEACH CHAMBER OF COMMERCE
64 SOUTHEAST FIFTH A VENUE - TELEPHONE 278-0424 - DELRA Y 8EACH, FLORIDA 33483
June 20, 1989
'1r. Walter Barry
:ity Manager
100 N.W. 1st Avenue
:Jelray Beach, FL 33444
Dear Mr. Barry:
Happy to advise that Jerry Janero and Rabbi
Sam Silver are the Chamber I S appointees to the
Human Relations Carrnittee.
we will advise you of the third appointee in
the near future.
Sincerely,
Zl-4 /
Ken El~SWOrth
1;1
ACCREDITED
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[ITY DF DELRAY HEREM "::~~ .~.~="
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CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243.7090 TELECOPIER 407/278-4755
['li::MORANDUM
Date: May 31, 1989
To: David M. Huddleston, ,Director of Finance
From: Herbert W.A. Thiele, City Attorney
Subject: Designation of Registrar Inquiry
This will acknowledge receipt of your memorandum of ,'lay 1:'-.
1 '389, concerning your question of whether or not we should "''''''''
a formal appointment. of the City Clerk and/or yourself as
registrar for various bond issues.
In that regard, it is quit,e possible that the old city records
do nave such a designation in them, but to find same would
probably not be worth it.
In any c'vcnt, I do not believe that our inability to find such
a, wr.itten document would i.nvalidate the fact that the City has
at least de facto had the City Clerk or the Finance Director
i:!~'= in the capacity of r'cgistrar for the old'coupon bonds. In
any event, it would not hurt: for future' reference to have such
an appointment done formally, and it would be my recommendation
that we pla.,-_ en an upcoming City COIlUDission agenda an item
wherein the Commission would formally vote to: designate the
City Clerk and/or the Director of Finance to act and to serve
as regist.rar for City bonds, unless a substitute is specifically
designated in bond resolutions previously issued, or which
might be issued in the future.
By copy of this memorandum to Steve Sanford at Mudge, Rose,
Guthrie, Alexander and Ferdon we are requesting any additional
~t he may have on this subject.
cc: City Commission
Walter O. Barry, City Manager
Steven Sanford, csa.
)' 'J,
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.
,
MEMORANDUM
TO:
Herbert W. A. Thiele
City Attorney
l1i'f:.....
2?iir:;'r~.gr":
C~~.;. .'f t,.. 'I' ,
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FROM:
8
David M. Huddleston
Director of Finance
SUBJECT:
Designation of Registrar - Various Bond Issues
DATE:
May 11, 1989
All of the City's bond issues which provide interest coupons have basically
indicated that a staff member of the City shall serve as registrar for the
bonds. The most recent non-coupon bonds have dually designated various
financial institutions as registrar as interest and principal payments are
serviced oy a computerized system versus old coupon methodology.
It has been the standard practice for either the City Clerk or the Finance
Director, for at least the last 20 years, to serve and sign as registrar
for the appropriate bond issues. We have received a request from Smith
Barney, Harris Upham and Company, Inc., to provide them with an official
City letter signifying that the signature is an appointed registrar for the
issue.
Please advise as to whether or not we should have the City Manager or the
City Commission formally appcint the City Clerk and/or myself as registrar
for the ""rious issues. Perhaps just a letter from the City Manager
stipulating who may sign as registrar would be safficient.
Please advise at your earliest convenience so that we may resolve this with
Smith Barney, Harris Upham and Company, Inc.
DMH/ sam
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
310 S,F., 1st STREET, SUITE 4' DELRAY BEACH, FLORIDA 33483
407/243.7090 TELECOPIER 407/278-4755
M-:!'IlORANDTJM
Date: ,Tune 19, 1989
To: City Commission
From: Herbert W. A. Thiele, City Attorney
Suhject: Bond Counsel for the 1989 Genernl Obligations Bond
The purpose of this memorandum 15 to request your approval of the retention
of the Mudge Rcse Guthrie Ale:{ander and Ferdon firm for purpose~ of acting
as bond counsel for the 1989 GO bond.
It would be requested that this issue be placed on the next available City
Commission agenda for that purposp.
,5f'
HT:ci
cc Walter O. Barry, City Mflnap:."r
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CITY
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY; CITY MANAGER
~/1 ~. _A
FRANK R. SPENCE, DIRECTOR
~EL~PM~ ~:CES GROUP
~~ KOVACS, ~OR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF JUNE 24, 1989
CONDITIONAL USE REQUEST AND ATTENDENT SITE PLAN
RENAISSANCE DENTAL STUDIO
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commissi;on is that of
approval of a conditional use request and attendent site
and development plan which involves the conversion of a
single family home to a dental laboratory.
The site is in the Del Ida Historic District and is located
at the northeast corner of NE 5th Street and NE 2nd Avenue.
BACKGROUND:
There is no unique background on this request. The Planning and
Zoning Board previously determined that a "dental lab" was
similar to other conditional uses in the underlying RM-10 zone
district (e.g. dental offices). Following that determination,
the conditional use application was filed. The property has been
under citation by Code Enforcement. The "renaissance" of the
property will be of benefit to the neighborhood. Please see the
P&Z Staff Report for full background.
HISTORIC PRESERVATION BOARD ACTION:
The HPB has granted a Certificate of Appropriateness for the
conditional use request. Further, they have reviewed and
approved, subject to modifications, the landscaping program and
building changes. The HPB also granted relief to the standard
parking lot design standards through allowing the use of shell
rock parking lot surface.
PLANNING AND ZONING BOARD CONSIDERATION:
Following a public hearing held on June 19, 1989, the Board
recommended approval, subject to conditions, on a 5-0 vote. There
was no pUblic comment.
The conditions of approval are listed on pages 9 and 10 of the
P&Z Staff Report, they have been modified as follows:
Condition #1, second item:
The site plan must be revised to sho~ the elimination
of the driveway onto N.E. 2nd 'Avenue and the
elimination of the existing wayway leading from the
building.
Condition #1, fourth item: Change "hand bars" to "grab
bars".
Condition #1, fifth item: change
Review item #6-\Jrequire the 4 x 4
protective curbing.
a reference Technical
pressure treated wood
!~-
To: Walter O. Barry, City Manager
Re: City Commission Documentation ,
Meeting of June 24, 1989
Conditional Use Request and Attendent Site Plan
Renaissanc~ Dental Studio
Page 2
RECOMMENDED ACTION:
By motion, approval of the conditional use request and attendent
site plan for Renaissance Dental Studio based upon the findings
and subject to the conditions as recommended by the Planning and
Zoning Board.
Attachment:
cover sheet for the P&Z Staff Report
reduction of site plan
REF/DJK/CCREN.TXT
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
MEETING OFlTE: JUNE 19, 1989
STAFF REPORT
AGENDA ITEM: III. B
ITEM:
CONSIDERATION OF SITE PLAN AND CONDITIONAL USE APPROVAL FOR RENAISSANCE DENTAL
10 AT THE NORTHEAST CORNER OF N.E. 2ND AVENUE AND N.E. 5TH STREET.
....
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GENERAL DATA:
Agent................. . .... .. . . . Same as above
Owner..................... ~.... . Gerc?-ld L. Kunze
Location........................Northeast corner of N.E. 2nd
Avenue and N.E. 5th Street
Property Size...................18,343 Sq. ft. (0.42 Acres)
Community Redevelopment Plan....Multi-Family Residential
City zoning...,.................RM_10 (Multiple-Family Dwelling
District)
Adjacent Zoning.................North, South and East of the
subject property is zoned RM-IO.
West is zoned R-1AA (Single-
Family Dwelling District).
EXisting Land Use...............The present structure is used for
residential purposes.
Proposed Land Use...............convert the present structure
into a Dental Lab.
Sewer Service..............,..,.Existing on-site
Water Service.............;.....EXistinq on-Site
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CITY
COMMISSION
DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
-::::7......4 R ~
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
~ U 0Ad.-.
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING ,AND ZONING
FROM:
SUBJECT: MEETING OF JUNE 24, 1989
SITE AND DEVELOPMENT PLAN, MAYFAIR ANIMAL HOSPITAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the new
location of the Mayfair Animal Hospital.
The use is to be located in what has been called the "Surles
Building" which is located along northbound South Federal
Highway adjacent to The Barton.
BACKGROUND: ,
This subject has been before' the City Commission previously when
a corrective zoning action was taken and then when the
conditional use request for the use' of a "veterinarian" was
approved. Formal processing of a site plan was a condition of
that the use approval. Details of the project and it's analysis
are found in the full P&Z Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of June 19, 1989, the Board recommended approval,
subject to conditions, on a 5-0 vote. There was no public
comment. Special consideration was given to the nonconforming
situation on the site wherein there is insufficient space to
accommoda te a standard dr i veway , perimeter landscaping, and to
accommodate a safety feature along the building.
RECOMMENDED ACTION:
By motion, approval of the site plan for the Mayfair Animal
Hospital based upon the findings and subject to the conditions as
recommended by the Planning and Zoning Board.
Attachment:
cover sheet for the P&Z Staff Report
reduction of site plan
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ZONING SOARD
BEACH
PLANNING B
CITY OF DEL RAY
,'r,:
MEETING rnTE: JUNE 19, 1989
AGENDA 1 TEM : IV. A
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STRFF REPORT
CONSIDERATION OF SITE PLAN APPROVAL FOR MAYFAIR ANIMAL HOSPITAL LOCATED ON
ITEM: THE EAST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 5TH STREET AND S.E. 6TH STREET.
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GENERAL DATA:
owner.................... ~..... . Leonard Surl...
,
Lessees..................~......Jame. Grubb, DVM and Mark Vla.ek
tocation........................On the east side of S.E. 6th
Avenue, between S.2. 5th Street
and S.2. 6th Street.
Property Size...................22,367.25 Sq.ft. (0.51 Acre.)
City Land Use Plan..............C (Commercial)
City Zoning.....................SC (Specialized Commercial)
Adjacent Zoning.................North of the subject property is
zoned SC and R-1M (Single-Family
Dwelling Di.trict). South and
east of the subject property is
zoned RM-15 (Multiple-Family
Dwelling District) and we.t is
zoned SC.
Existing Land Use...............A building occupied by V.I.P.
Realty Company is located on-site
Proposed Land Use...............Mayfair Animal Hospital proposes
to occupy the northern ha1f of
the building ,
Water Service...................Existing 2" water main on the
east side of Federal Highway
servicing the site.
Sewer Service...................Existing septic system on-site.
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C I T Y
C O'M MIS S ION
DOCUMENTATION
FROM:
WALTER O. BARRY, CITY MANAGER
<) 4 /l 4-.~ _-c. -
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
~~~5~~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 24, 1989
SITE AND DEVELOPMENT PLAN. FIRE STATION #2
TO:
VIA:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City commission is that of
approval of a site and development plan for Fire
Station #2.
The use is to be located on Andrews Avenue a few
hundred feet north of the existing facility.
BACKGROUND:
This subject has been before the City .commission previously when
a zon~ng action occurred. Direction regarding site plan
considerations were given at that time and a group of concerned
citizens were asked to, review and participate in the design
process. The resulting site plan is acceptable to that group.
Details of the project and it's analysis are found in the full
P&Z Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of June 19, 1989, the Board recommended approval,
subject to conditions, on a 5-0 vote. Public comment was aired
concerning the timing of construction of the new beach
parking area and the manner in which that common boundary with
adj acent residential uses would be handled. Staff's reply was
that the beach parking area is not a part of the fire station
activity.
RECOMMENDED ACTION:
By motion, approval of the site plan for Fire Station #2 based
upon the findings and subject to the conditions as recommended by
the Planning and Zoning Board.
Attachment:
cover sheet for the P&Z Staff Report
reduction of site plan I
REF/DJK#47/CCFS
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING D=lTE:
JUNE 19. 1989
IV. C
AGEI'.'OA ITEM:
ITEM:
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COSIDERATION OF SITE PLAN APPROVAL FOR FIRE STATION 02 LOCATED ON THE EAST SIDE
OF ANDREWS AVENUE, BETWEEN E. ATLANTIC AVENUE AND LOWRY STREET.
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GENERAL DATA,:
Own.r...........................Clty of Delray Beach
Aqent...........................Jess M. Soward. (Project Manaqer)
CUrrie SChneider A..ociate.
Loeation........................East side of Andrews Avenue,
between'E. Atlantic Avenue and
Lowry Street.
Property Size...................20,865 Sq. ft. (0.479 Acre.)
Community Redevlopment Plan.....Central Bu.ine.. District (Mixed
Office/Retail)
City Zoninq.....................CF (Community Facilitie.)
Adjacent Zoninq.................North and we.t of the .ubject
property i. zoned RH-15
(Multiple-Family Owel1inq
Di.trict). South i. zoned LC
(Limited Commercial). Ea.t i. LC
and CF.
Existinq Land U.e...............Vacant Land
Proposed Land Use...............Fire Station 12
Water Service...................Exi.t1nq 10" water main located
on the we.t side of Andrew. J
Avenue. .
Sewer service...................Existinq sanitary sewer located
on the east side of Andrews
Avenue.
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RESOLUTION NO. 33-89
A RESOLUTION OF THE crTY COMMISSION OF THE crTY OF DELRAY BEACH, FLORDIA.
REQUESTING APPROVAL OF A SUBMERGED LANDS EASEMENT FROM THE STATE OF FLORIDA
AND A WAIVER OF DREDGE FEES FOR AN OFFSHORE BORROW AREA.
WHEREAS, the City of Delray Beach, Florida is committed to a SO-year
program of Coastal Restoration and Preser~ation; and,
WHEREAS, the City of Delray Beach has a successful. ongoing beach
nourishment and maintenance program, and,
and,
WHEREAS, the City of Delray Beach wants to continue their beach program;
WHEREAS, the continuation of the beach program requires nourishment is
be carried out in 1990; and.
WHEREAS, the sand for beach renourishment is to come from an offshore
borrow area located within State Lands; snd,
WHEREAS, the State of Florida Statute 253 and F.A.C. 169-21.09 provides
for granting of easements for public use and a waiver of dredge fees on State Lands,
NOW, THEREFORE, be it resolved by the City Commission of the City of
Delray Beach. Florida, as follows: .
Section 1. That the City of Delray Beach, Florida, hereby requests a
submerged lands easement for public use and a waiver of dredge fees for an offshore
borrow area from the Board of Trustees of the Internal Improvement Fund. State of
Florida.
of
Passed and Adopted in regular session this the
. 1989.
day
MAY 0 R
ATTEST:
City Clerk
Ii
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
WALTER O. BARRY
CITY MANAGER
THROUGH:
FRANK SPENCE
DIRECTOR DEVELOPMENT SERVICES
~~s
FROM: "~l GATES D. CASTLE,
)) N CITY ENGINEER
P.E.
DATE: JUNE 20, 1989
SUBJECT: AGENDA REQUEST - RESOLUTION
Attached for approval is a proposed resolution requesting an
offshore easement from the State of Florida. This easement
covers the borrow area for our permit process from the
State.
State procedures require that the application(attached) be
accompanied by a resolution from the local governing body.
GDC: slg
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[ITY DF DElAAY'BEA[H
100 N W hI AVENUE
il!:lH,\y HtACH, f-lQRIOA 33444
407l243.1nDQ
ENGINEERING DEPARTMENT
June 19, 1989
Mr. Larry Wood, Chief
Bureau of state Lands Management
Division of state Lahds
Florida Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32301
RE: APPLICATION FOR PUBLIC EASEMENT
Dear Mr. Wood:
This letter is an application for public easement as
specified in F.A.C. Chapter 160-21.09. The City of Delray
Beach requests that an easement be granted for an offshore
borrow area located directly offshore of a majority of
City's beach. Easements have been previously granted for a
majority, of this area (Easement No. 3406.50 253.03);
however, this easement will expire in August 1989. The
following information is prOVided as required for the
application: '
1 (a) Applicant: City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
(b) Project Location:
COunty: Palm Beach
Section: 16 & 21, Township: 46S
Range: 43E
Waterbody:Atlantic Ocean
(c) An Erosion Control Line was established within the
City Limits in 1973. The City restored its beach
in 1973 and has continued to maintain the beach
through periodic nourishment in 1978 and 1984. A
copy of the ECL plat is enclosed.
(d)
An official resolution stating
project and requesting the
processed and will be sent to
cover.
the purpose of this
easement is being
you under separate
T~..jr:. a=['-Cf"'lOT tJ", ,^,^V....: l\III','Tt:PI..'
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Application for
June 19, 1989
Page Two
Public Easement
(e)
Two prints of a signed and sealed sketch of
description are 'included. The sketch is on
8-1/2 x 11 paper and shows the boundaries of
the easement requested. An approximate
location of the shoreline is also shown. A
legal description is included with the
acreage of the borrow area.
(f) An application for a permit has been
submitted to the Department of Environmental
Regulation.
(g) Since the applicant is a local government, I
request that the application fee be waived.
(h)
The construction project
1,020,000 cubic yards of
borrow area, The volume
dictated by, the design
nourishment.
involves dredging
sand from the
of material is
of, the beach
I request that you begin processing this application as soon
as Possible.
Very truly yours,
CITY OF DELRAY BEACH
u ,/ tdz..#L
t/~:h~ P. Walker
Project Manager
JPW:slg
cc: Kim Beachler
Donald Keirn
Florida Department of Natural Resources
Division of State Lands
Southeast Florida District Office
1900 South Congress Avenue
West Palm Beach, Florida 33416
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JlESOIJ lTICN ro. 3 5 - 8 9
A RESOlllTICN OF 'mE CITY CCM1ISSICN OF 'mE CITY OF
DELRAY BEACH, FLORIDA, ~TING FUNDING FOR THE FISCAL
YEAR 1990/1991 BE1\CH REOCURISHMENT, COASTAL ENGINEERING,
ENVIIOlMENI'AL M:NITORINGS OF THE BE1\CH AND REEF, SAND
SEAFCH, REVEGETATICN OF THE OONE, PlCll:A.."'I'IVE WALKWlIYS
FOR ACCESS 'lHRroGi 'mE ,OONE, AND ProJECT M:NITORING
FOR '!HE POOPC6ED 1990 BEACH RENOORISHMENT.
WHEREI\S, the City of Delray Beach, Florida is cannitted to a 50-
year program of Coastal Restoraticn and Preservation; and,
WHEREI\S, the State of Florida Statute 161,091 provides for
reiInburserrent of certain costs to local sponsors of Beach Nourishrrent
Proj ects; and,
WHEREAS, the City of Delray Beach as a successful, ongoing beach
nourishment and maintenance program; and,
WHEREAS, the City of Delray Beach wants to continue their
beach program; and,
WHEREI\S, the continuation of the beach program requires the
following \\t)rk to be carried out in BY 1990/91:
a) Beach Nourishlt'ent - Approximately 1,020,000 cubic yards of
sand will be needed along the beach between I:NR !bnuments
Rl80 and RlB8.5 to maintain the designed recreational bene-
fits and stonn protection.
b) Engineering - Finalize design, update cost, finalized data
required for peIIlIit applications, beach profile surveys, and
engineering observaticn during construction.
c) Envi~tal ~nitoring - Set up m:mi.toring required by the
various pennits.
d) Sand Search - Local Beach Quality Fill Material.
e) Dune Revegetation to increase fore-dune a=etion imnediate-
ly after the nourishment.
f) Protective ~valkway through the dune; and,
g) Project MJnitoring - Yearly Assessment of Beach Perfor-
mance as required by penni t.
WHEREI\S, The Department of Natural Resources is authorized by
Chapter 161 to assist in func1ing of the above mentioned types of projects.
No-1, ~vRE, be it resolved by the City Carrnission of the
City of Delray Beach, Florida, as follows:
Section 1. That the City of Delray Beach, Florida hereby re-
quests $2,007,236.25 in funding assistance fran the Department of Natural
Pesources for BY 1990/91.
Passed and J\dopted in regular session this the
, 1989.
day of
MAYOR
ATl'EST:
I) 'C\
0, '
CITY CLERK
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
WALTER O. BARRY
CITY MANAGER
FRANK SPENCE ,,~.S
DIRECTOR DEVELOPMENT SERVICES
THROUGH:
FROM: ,t-GATES D. CASTLE, P.E.
n~ CITY ENGINEER
DATE: JUNE 20, 1989
SUBJECT: AGENDA REQUEST - RESOLUTION
.
The attached resolution requesting funding for
renourishment in FY 90/91 is required as part
application for funding. Please have this placed
agenda as soon as possible.
GDC: slg
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beach
of our
on an
.
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
~Robert A. Barcinski, Asst. City Manager/Community Services
June 23, 1989
DATE:
SUBJECT: Golf Course RFP's/Miller Proposal
A total of eighteen (18) RFP's were submitted for the golf course and
restaurant management leases; 13 full service, 3 golf cnly and 2
restaurant only. Copies of all proposals are available in the City
Manager's office for review by City Commission.
One submittal, Mr. Jerry Miller's
not meet procedural requirements.
consider this proposal, direction
needed from City Commission.
restaurant submittal, technically did
In order for the review ccmmittee to
as to waiver of irregularities is
Bids were opened at 3:00 p.m. on June 14, 1989. At 3:00 p.m., seventeen
(17) bids were received, and opening commenced. At 3:05 p.m.,
Mr. Miller's representative presented his bid to Purchasing stating that
they were present in the room at 3:00 p.m. The bid was not in a sealed
envelope as required, and the bid guarantee was in the form of a
personal check versus the required certified or cashiers' check.
A determination is needed by Commission in order to evaluate this bid.
Attached are copies of ordinance sections 36.06 and 36.07 relating to
competency in bidding.
RAB/sfd
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5 36.04
DEtJU.y R~aCH
fB) 00.. not exceed the nexe low..~
bidder, 3ubj~ct to current price
verification.
(' 80 Code 5 2-35) (Ord. 14-83, passed
4-12-83)
S 36.04 ACOUISITION OF REAL PROPERTY.
Whenever. in the opinion ot the City
Commission. it would be in the best
interest of the city to purchase cereain
real property which would be required for
municipal purposes, the Commission is
authorized and empowered to make that
purchase at the price and upon the term3
and conditions it deem3 to be in the best
~nt.r.st of the city. However, ~for. any
purchase of real property shall be
effected, a notice of that purchase,
setting forth the t.~ and conditions of
any purchase of real property, shall be
first published once a we.k for at least
two w..ks in a newspaper of general
circulation published in the city before
adoption by the Commission of a re.olution
author~zinq the purchase of the property at
the price and on the terms and conditions
~et forth therein.
(' 80 Code, 5 2-36) (Ord. 14-83, pa..ed
4-12-83)
S 36.05 BIDDING PROCEDURES.
(A) SpeCifications. ,In the c... of
sealed competitive bidding for any purchase
of. or to Cover any contract for~ the
acquisition of qoods~ services~ or
structur.s. and regardless of the
anticipat.d whole cost, the city shall
furnish to each bidder a uniformly equal
description. speCification. or pl&n~
together with specifically stated
alternatives thereto~ which will COVer all
aspects of type. kind~ charact.r~ quality.
or quantity ot. and the maximum allowable
time for the delivery ot the good., or the
completion ot the contract for which bids
are invited. Furthermore~ in the ca.e that
emergency requirem.nts may render ttm.~ as
such, to be of the essence ot the contr.ct~
those oriqinal specifications (available to
.11 bidders) shall contain a formula which
evaluates time in terms ot dollars per
calendar day or fraction thereof~ which may
be properly used in effectinq a
dete~nation of the lowest COmpetent
b.dder, and which sh.ll be the baci. for
the calculation of any penalties to be
assessed against the contractor in a final
settlement for his failure to meet the
previously established Completion time
schedule. Where possible. specifications
shall be those in general use in an
approprlate trade or industry. and shall be
referred to by name and title (as in the
ca~. of the standardized specificacions
lssued by the American Society for Testing
M4terlals) .
IRI n................. ""'-....1.... ~.........._
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FINANCE
72
Bidders ...y be requiFed to _lee those
depoaita as may be deetMd requisite to Cover
the cost of any plans or sp.cifications:
these deposits being redeemable upon
application of the bidder when the plans and
specifications are returned in acceptable
order. Bidders may also be required to post
penalty bonds as may be deemed necessary to
protect the city tully in an eventuality as
the inability of the vendor or contractor
properly to fulfill the terma of the purchase
order or contract for any and every reason.
(
(e) One-price. cost-plus. and dollar
amount bids. Invitations to bid shall define
the nature of the bid in terms of these
categories as a one-price bid. a cost-plus
bid, cost-plus fiXed. tee bid. or a dollar
amount a. it may b9 determined by . stated
formula (but only one category shall be
defined in the invitation).
(1) In the case of a one-price b1.d.
the whole cost to the city shall be inclusive
of all cost and expense elements as
engineering, legal. or technical conSultatlon
fe.s, job-preparation expense. insurance
premiuma, shipping charges. stand-by time,
and the living or traVeling expenses of job
personnel (although a detailed schedule of
all costs and expenses shall not be required
to be disclosed in the case of a one-price
bid)~ toq.ther with a schedule of prOposed
te~ of payment and any allowable discounts.
(2) A cost-plus; or any sliding
scale~ bid may be. invited with the concerted
approval of t~e City Manager and the Director
of Public Works in the cas. of a proposed
project tor which reasonable cost or expense
estimates do not appear teasible (as in the
case of a project involving possible removal
ot unknown quanti tie. ot concealed rock).
Onder this circumst.nce~ the bid shall set
forth the total of all of the details of
determinable costa and~expenses together with
schedules ot the variable cost .lements 43
unit-costs~ per diem co.ts~ and the like~ as
are required by the bid invitation.
(' 80 Code, 5 2-37)
S 36.06 COMPETENCY IN BIDDING.
Competency in biddinq i3 detined as be1.ng
able properly to demonstrate trade or
industry proficiency, standing. and
qu&lifications~ and the financial ability to
deliver the qoods or to complete the contract
as execut.d~ tog.ther with the sub~saion of
a bid which. in every respect. fully meets
and complies with the te~. conditions. and
specifications, or stated alternatives
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DELRAY B~CH'
thereto. which were mad. 4 part of. or
which are inherent in, the invitation to
bid. '
('80 Cod.. S 2-38)
S 36.07 DISCARD 0, BID 0, INCOMPETENT
BIDDER.
,eilur. of any bidd.r to comply fully
with the provisions of S 36.06, or any of
this subchapter, may result in the discard
of his bid trom any comparison or
consideration in the contemplated purchas.
or contract.
('80 Cod.. S 2-39)
S 36.08 EMF.RGENCY PURCHASES.
The provisions of S 36.02
notwithstandinq, the City Manager or his
designee, as specified in writing, shall
have the authority to make certain
emergency purchases only when the health,
safety, or general welfare of all or a
significant specified POrtion of the
residents of the city are affected.
(A) The City Manager shall institute
written administrative procedUres for the
proper execution of the emergency purchases
by city 4dministr4t~ve staff 4S set forth
herein.
(8) For emergency purchases which are
not anticipated to'exceed SlO,OOO, the City
Manager shall have the authority to waive
the prOvisions set torth in S 36.02 of this
code, and shall subsequently so notify the
City COmmission of such emergency purchase.
(C) For emergency purchases which are
anticipated to exceed the sum ot $10,000,
the City Manager shall first endeavor to
notify the Hayor for purpo... of cellinq a
special emergency meeting of the City
Commission to approve said purchase in
advance. If the Cit~ Manager determines
that a quorum tor such an emergency special
City COmmiSSion meeting cannoe be Obtained,
the City Manager shall have the authority
to make such purchases provided that the
City Manager notilies the City Commission
both verbally and in writing within 24
hours after the purchase has been executed,
and that the purchase shall be subsequently
ratified by the City Commission at the next
regularly scheduled City Commission
meeting.
(0) For purposes of this section.
"EMERGENCY" shall mean a situation in which
the health. safety. or general welfare of
all the residents. or a significant
specified POrtion of the residents. of the
c~ty are affected or shall be irreparably
harmed should the purchase occur through
the regular purch4s~n9 procedure. set torth
~n S 36.02. rather than throuqh the
emergency procedures se~ forth herein.
lOrd, 155-SS. P....d 12-13-SAI
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FINANCF.
S 36.18
CONTRACTS ,OR PROFESSIONAL SERVICES
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~ 36.15 STAn LAW ADOpnD BY REfiRENCE.
There is hereby incorporated by reference
end mad. a part h.r.of ,.5. S 287.055. el.o
known as the Consultants' Competitive
Negotiation Act. Copies at the Consultant~'
Competitive Negotiation Act are on tile 1n
the City Clerk's office and interested
parties may obtain copies of the Act there.
('80 Cod., S 2-50)
S 36.16 INTENT,
It is declared to be the legislative
intent at the City Commission that the c~ty
and all of its constituent commissions.
boards, authorities, and the like, wlth
purchasinq or procurement 4uthor~ty, comply
to the fullest extent with the ~pirit and
mandat.. of ,.5. S 287.055. end thl.
subchapter.
('SO Cod., S 2-51)
S 36.17 DUTIES 0, ADMINISTRATION,
(A) The city administration shall have
juriSdiction to perform the funct~ons set
forth for the city and all its COnstltuent
cO~ssion3. boards, authorities. and the
like whether they were establlshed by or
brought into existence by oralnance,
resolution, or motion of the City CO~S~lon.
('SO Cod., S 2-51)
(8) The city administration shall
encou~age tirma engaged in the lawful
practice of their professions that deslre to
provide prOfessional services to the clty, to
submit annually statements of qual~flcatlons
end performance date. (,.5. S 2S7.055 (3)
(b))
S 36.1S ANNOUNCEMENT REOUlRED: PROCEDURE,
When the city a~nistr&tion has been
advi.ed at the need tor professional servlces
a. d.fin.d in ,.5. S 287.055 (2), the
administration shall commence the publlC
announcement procedure. required by F.S.
S 287.055 e. follow.:
(A) Publicly announce, in a uniform and
consistent manner. each Occas~on when
professional services are required to be
purchased tor a project the bas~c
construction cost of which is estlmated by
the city to exceed the threshold amount
provid.d in '.5. S 287.017 for category flve
or for a planning or study act~vity when the
fee for protessional services exceeds the
threshold amount provided in F.S. S 281.017
tor cateqory thre.. excep~ in cases of valld
public emergencies so cert~fi.d by the clty.
(8) The public notice shall lnclude a
general description at the proJect and shall
indicate how interested consultants may apply
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MEMORANDUM
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'TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Ccmmunity Services
DATE:
June 22, 1989
SUBJECT: Documentaticn City Commission Meeting
Lease Agreement - Old Schocl Square
June 27. 1989
Acticn
City Commission is requested to approve a lease agreement with Old
School Square. Inc. for the Delray Beach Elementary School property.
Background
The propcsed lease agreement with Old School Square, Inc. has been
revised per City Commission directicn at the June 20, 1989 workshop.
The propcsed lease is for twenty (20) years with five (5) year renewal
options specifying that the facility be used as a center for arts and
sciences, other cultural. governmental assembly, educational and cther
uses not inconsistent with the special warranty deed.
Old School Square, Inc. will be responsible for internal building main-
tenance and cleaning, paying all utility bills and' ensuring that the
restoration project is completed in accordance with preservaticn
standards. The City will be responsible for exterior building
maintenance irrigation and landscape maintenance and other grounds
maintenance. A copy of the lease agreement is attached.
Reccmmendation
Staff recommends approval of lease agreement with
Square, Inc. for the Delray Beach Elementary property.
Old
School
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NOTICE OF INTENT TO LEASE
NOTICE IS :1EREBY GIVEN, t,hat the City of Delray
Beach, Florida has determined to lease the following described
property:
Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 68, of
TOWN OF DELRAY according to the Plat thereof on
file in the office of the Clerk of the Circuit
Court, in and for Palm Beach County, Florida
recorded in Plat Book 1, page 3,
and
The Block of land labelled "Park and School"
bounded North by Pearl Street; west by Swinton
Avenue; South by Atlantic Avenue, East by Gaillard
'Street as per map of Linton, Florida, which was.
filed in the office of the Clerk of the Circuit
Court in Dade County, Florida, on July 29, 1896,
the ,same being the land upon which the public
school at Linton is, now located, the, said above
described land being in the southwest corner of
the Northwest Quarter of Sec. 16, 'Twp. 46 S., Rge.
43 E. '
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LESS AND EXCEPTING THE FOLLOWING TWO PARCELS:
The South Ten (10) feet of Block 68, TOWN OF
DELRAY, as shown in Plat Book 1, page 3, Public
Records of Palm Beach County, Florida.
and
A part of Lot 1, Block 68, Plat of Delray Beach
(formally Linton), as said Plat is recorded in
Plat Book 1, page 3, sheet 2 of the Public Records
of Palm Beach County, Florida, said part being
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 said Lot 1, being also the
South Right of Way line of Northeast First Street,
a distance of 19.75 feet; thence S 16 degrees, 08'
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07' W,-a distance of 67.54 feet to an intersection
with the West line of a distance of 67.54 feet to
an intersection with the West line of said Lot 1,
Block 68, said West line being also the East right
of way line of Swinton Avenue; thence N 0 degrees,
51', 4 7"W , along said West line of Lot 1 and said
East right of way line of Swinton Avenue, a
distance of 64.89 feet to the Point of Beginning.
The property, also known as the Old School property
is located within the City of Delray Beach, Florida and is to
be lease by the City of Delray Beach, Florida to Old School
Square, Inc. for a period of 20 years, at $1.00 per year, for
the purpose of securing the restoration of said property and
to maintain a cultural center in the City of Delray Beach,
Florida.
The City Cormnission of the City of Delray Beach,
Florida shall hold a Public Hearing on said Lease at their
regular City Commission meeting of June 27, 1989 at 7:00 p.m.
in the City Commission Chambers, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
Publish:
News df Delray
Friday, June 23, 1989 '
City of Delray Beach, Florida
Elizal:leth Arnau
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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, a muni.cipal
, 19 , by
SCHOOL SQUARE INC., hereinafter referred to as the "Lessee".
corporation, hereinafter referred to as the "Lessor", and OLD
WITNESSETH:
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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 with a view to
its use as a center for the arts, for science activities, and
for
cultural
and educational
and certain governmental
activities of the community; and
WHEREAS, the Lessee was organi.zed lIn"er the laws of the
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State of Florida as a non-profit corporation for the purpose of
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leasing, restoring, developing and operating'the Property as a
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center for the arts and sciences and other cultural,
governmental, and educational activities; and
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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
bUildings and improvements thereon described in ~"ih;t A.
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:
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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 may be renewed upon the express written Consent of
the Lessor for successive periods of five years.
3. Use of the Propertv., The Lessee shall use the
Property for a center for the arts and sciences and for other
cultural, governmental (for assembly purposes only), and
educational purposes, and for all incidental uses in connection
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therewith that are not inconsistent with the Special Warranty
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deed attached hereto as Exhibit B. It is understood, and agreed
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that the Lessee or various arts, science, governmental (for
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assembly purposes only) and cultural groups which the Lessee
may permit to make use of the Property may charge 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 cOllllllencement of this lease, providing funding is
available. 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 any person or property, or which
would violate the laws of the State of Florida or of the United
administrative rules or
States, or any ordinance of the City of Delray Beach, or any
Manager, or which would
regulations promulgated by the City
~ffect or endanger' ~ 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.
4. Rent.
The Annual rent shall be ONE DOLLAR ($1.00)
payable in advance on the first day of each calendar year.
5.
Uti 11 ties.
The Lessee shall pay all Charges for
telephone, power, water, sewer, gas and any other utilities
used in connection with the Property.
6.
Taxes.
The Lessee shall pay any advalorem taxes
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imposed upon the Property and improvements located thereon
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during the term of this Lease. The Lessee shall pay any taxes
for personal property or improvements owned by the Lessee.
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7.
Insurance.
The Lessee shall pay all premiums and
shall maintain and provide insurance for the entire lease term
and renewals thereto, in such amounts and under such terms as
may be required by Lessor. The Lessor shall review and modify
the terms and requirements of such insurance, if necessary, on
a yearly basis. The minimum insurance amounts and terms are
contained within Exhibit C.
8. Alterations and Improvements. The Lessee shall be
entitled to make such alterations, changes and ~rovements 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
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the property in ke~ping
keep the
interior and exterior of
with its
historical landmark purpose} and with the laws and ordinances
of the State of Florida and the City of Delray Beach.
9. Assiqnment and Subleasinq.
( a) The Lessee may not sublease all or any portion
of the Property, to any person, firm, corporation, or other
entity, without the prior written appraval of the Lessor, which
approval shall not be unreasonably withheld,. and any such
sublease or other arrangement shall be in writing and expressly
be subject to all the terms and conditions of this Agreement
and shall confoDll to all applicable laws, ordinances and
regulations.
(b)
Subparagraph (a)
shall not apply to
special
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events or special property uses contemplated in the management
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agreement or budget, or brief uses of the Property by the
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public.
(c) The Lessee shall not assign any of its rights or
obligations under this Lease without the prior written consent
of the Lessor.
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10. 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 crt 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 casua1.ty excepted. It
is explicitly agreed that the duty of the Lessee shall include
furnishing all necessary janitorial and cleaning services, pest
interior renovation or redecoration not involving major struc-
control service, care and maintenance of the Property and any
tural changes.
11.
Equipment and Pixtures.
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All equi~t, 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.
12.
Fire or Other Unavoidable Casual tv.
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 God
or other causes beyond the control of the Lessor, and through
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
lease.
this lease agreement shall have the option to cancel this
so rendered unsuitable by the foregOing causes, either party to
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13. Siqns. 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,
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configuration, and location of such sign to be expressly
All other exterior improvements, painting, or any other identi-
approved in advance by the City Manager or his/her designee.
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.
14. Quiet Eniovrnent. The Lessee shall peaceably hold and
enjoy the leased premises.
'15. Default and Riqht of Reentry. In the event that the
Lessee shall fail to perform any act required of it under this
Lease or to otherwise com~ly with any term OI provision hereof
and such failure shall continue for '30 days / or more after
written notice given to the Lessee by the Lessor, then the
Lessor may terminate this Lease Agreement and the Lessee sha~
promptly surrender possession and vacate the premises, and the
Lessor may, immediately or at any time thereafter, entex: into
the premises and repossess the same as of its former estate and
expel the Lessees, but without prejUdice to any 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.
16. Cancellation. The Lessor and the Lessee do hereby
reserve the right to mutually terminate this lease at any time
in the future (either during the initial term or any renewal),
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upon sixty (60) days written notice to the other party at the
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address set forth in this lease agreement; prOvided, however,
that in the event of termination by the Lessor, the Lesser
agrees that it shall to make reimbursements to the Lessee for
any costs for capital expenditure additions to the structure,
(less qrant funds, hand funds or City funds previously
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transferred to Lessee), subject to available funding, (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.
17.
Amendment.
No amendment to this Lease shall be
hereto.
effected unless in writing and signed by both of the parties
'18.
Other Aqreements.
The Lessor and the Lessee may
enter into a separate Management Agreement that sets forth
additional terms and conditions and respon~ibiliti.es for the
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occupancy of the Property. Such agreements shal'l 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 or the Manage-
ment Agreement shall prevail.
19. Inspection by Lessor, The Lessee shall pezmi. t the
Lessor and its agents or representatives to enter Upon the
Property at all reasonable times to ~"""ne the COndition
thereof, and to make any repairs which it may see fit to make.
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 ~n all
respects, reasonable use and wear and damage by fire and other
unavoidable casualties excepted.
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21. Indemnification. The Lessee covenants that it will
save harmless, indemnify and defend the Lessor, its officers,
employees, and a,gents, from and against any and all loss,
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liability or ~xpense that is a result of the Lessees own
negligence which 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 pipes, or from
any damage or neglect by the Lessees arising from or in any way
connected with the use, misuse or abuse of all utilities, or
from any neglect of the Lessees in not removing foreign objects
from the sidewalks, grounds, structure, or roof of the
building.
22. Notice. Whenever notice is required hereunder, it
shall be by Certified Mai~, Return Receipt r~quested, addressed
as follows, or delivered by hand to the loca#on as follows
until written notice of change of address is gLven to the other
party:
Lessor
Lessee
City Manager's Office
Old Scboo~ Scluaal Inc.
51 South SWintcn Avenue
Delray Beach, FL 33444
100 N.W. 1st Avenue
Delray Beach, FL 33444
23. Number: Gender. As the context. herein may require,
the singular shall be deemed to inClude the plural, and the
masculine form shall be deemed to include the f....,; ni ne and
neuter.
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24. To Bear Risk for Contents. That all property of any
kind (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 T.....S'or shall not be
liable to the Lessees or any other person for any injury, loss
or damaqes to the property or to any person on the premises.
25. Not to Iniure or Deface. The Lessee COVenants that
it will not injure, overload or deface, or allow to be injured.
overloaded or defaced, the Property or any part thereof.
,26. 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 ~ equity.
waived or modi:fied except by the Lessor in writing, and no
27. None of the 'COvenants and, Condit-in,.... herein ..h,," be
alleged verbal waiver or IIICIdification shall be hin'Hng l1n~...,.
any circumstances.
28. No Waiver. That no assent, expr....S'ed or implied, by
the Lessor to any breach of this Agreement shall be deemed to
be a waiver of any succeeding breach of the same: or other
covenants.
29. Severability. If any clause, phrase, provision or
portion of the Agreement or the application thereof to any
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person or circumstance shall. be held by a court of competent
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jurisdiction to be invalid or unenforceable .1In~"r the laws of
the State of Florida. or any other pertinent jurisdiction, such
event sh.aJ.l not affect, iJDpa1r or reDder invalid or tnt..nforce-
able the application of the r....." i n~..~ of this Agreement or any
other clause, phrase, provision or POrtion hereof to any person
or entity in any circumstances.
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30. This Agreement const.i.tutes the complete ,tnn"rst-..n,Hng
and agreement between the Parties and supersedes any and all
prior oral or written agreements and understandings.
IN WITNESS WHEREoF, the Lessor and Lessees have set their
hands and seals the day and year first written above.
LESSOR: CITY OF DELRAY BEACH,
FLORIDA
ATTEST:
By:
Mayor
Ci ty Clerk
APProv~ as to form:
City Attorney
LESSEES:
OLD SCHOOL SQUARE mc.
By:
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STATE OF FLORIDA
COUNTY' OF PALM BEACH
I ~"'JlY 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
SQUARE, INC., a corporation organized under the laws of the
state of He/she acknowledged before me that
he/ she executed the foregoing instrument on behalf of OLD
SCHOOL SQUARE, INC., by its authority dUly given and ,,,,,In-tnw-
of OLD SCHOOL
ledged thiit the said wri~ing to be the act
SCHOOL SOUARE, INC.
and
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deed of OLD
SWORN TO AND SUBSI"QIBED before me this
, 1989.
day of
Notary Public
My Cnmnoi ....ion ~'lres:
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PREPA~ED BY AND RETURN 1'0: }'
WILL CALL #69
JulieA~n 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'IAR.-28-19o'i 02:49pm 89-08
O,qE: 6012 P9 SS
Con 10,00 Doc
JOHN 3 DUN/\LE, CLERIi - P8 cau,
SPECIAL WARRANTY DEED
^,. ~HIS SPECIAL WARRANTY DEED, made this {.I;'t!... day 0,
{~^r , 1989, between the SCHOOL BOARD OF PALM I
COUNTY, FL RIDA, a Corporate body POlitic, having an addref
3323 Belvedere Road, West Palm Beach, FL 33402, hereine
referred to as "Grantor", and the CITY OF DELRAY BEACH, FLOF
a municipal corpOration, whose Post Office address is 310
First Street, Delray Beach, FL 33483, hereinafter referred t
"Grantee." ,
WITNESSETH: That the Grantor, for and in Consideratio
the sum of Ten Dollars ($10,00) and other good and valu
considerations, receipt whereof is hereby aCknowledged,
granted, bargained and sold to Grantee, and Grantee's he
legal repreSentatives, successors and assigns forever,
fOllowing described land, Situate, lYing and being in Palm B.
County, Florida:
SEE EXHIBIT "A" attached hereto
AND MADE A PART HEREOF BY REFERENCB
This Conveyance is Subject to, and the Grantee
acceptance of this deed of COnveyance, hereby covena
and agrees that it shall use the above referen
property tor Cultural, civic, /du~lic, Or governmen
purposes; that the foregoing ~6~ditions and covena
of this deed of CO,nveyance are for the benefit of
Grantor, and in the eVent that the real prope,
Conveyed herein ceases to be used for CUltural, civ,
pUblic, or governmental purposes in the future, tit
to said real property shall immediately reVert to I
Vest in Grantor, its successors and assigns.
SUBJECT ALSO to taxes- and
and appurtenances thereto
appertaining.
assessments, hereditament
belonging Or in anYWi
TOGETHER with
appurtenances
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
all tenements,
thereto belonging
hereditaments, a
or in anywi
AND the Grantor hereby COvenants with said Grantee the
Grantor is lawfully seized of said land in fee simple; the
Grantor has good right and lawful authority to sell and conVE
said land; that Grantor hereby warrants the title to said lar.
and will defend the same against the lawful claims of all person
Claiming by, through or under Grantor.
"C=~nto.l.~" and
Context requires.
" Gl'Clll Let:!" are
used fOr Singular or.plural a
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hanl
and seal the day and year first abOVe W~Ltten.
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Signed, sealed and delivered
in the presence of:
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
~..:- , !.~~ ~&.--
<7
By:
Cha rman
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STATE QF FLOR
COUN'!'YOF PALM
ORB 6012 P
Attest: ~-_~.~
Thomas J, Mills, Secretar
The foregoig instrument was aCknowledged before me this
/ru day of ~-,_,L.t_ , 1989, by Arthur Anderson
Chairman and Thomas J. Kills, Secretary, on behalf of the Schoo
Board of Palm Beach County, florida, a Corporate body politic.
My Commission Expires:
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Notary Public
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ORB 6012 p,
EXHIBIT ""'''
LEGAL DESCRIPTION
Lots, 1, 2, 3, 4, 5, 6, 7, and 8 in Block 68, of TOWN OF C
according to the Plat thereof on file in the office of the
of the Circuit Court in and for Palm Beach County, Fl
recorded in Plat Book 1, page 3.
and
That Block of land labelled "Park' and School" bounded No:
Pearl street; west by Swinton Avenue; South by Atlantic A
East by Gaillard street as per map of Linton, Florida, whi,
filed in the office of the Clerk of the Circuit Court it
County, Florida, on July 29, 1896, the same being the lam
which the public school at Linton is now located, the said
described land being in the southwest corner of the Nor'
Quarter of Sec. 16, Twp. 46 S., Rge. 43 E.
LESS AND EXCEPTING THE FOLLOWING TWO PARCELS:
The South Ten (10) feet of Block 68, TOWN OF DELRAY, as she
Plat Book 1, page 3, Public Records of Palm Beach County, Fle
and
A part of Lot 1, Block 68, Plat of Delray Beach (formerly Lir
as said Plat is recorded in'#'plat Book 1, page ~,. sheet 2 0
PUblic Records of Palm Beach County, Florida, said part
more particularly ,described as ,fOllows: l'i
Beginning at the Northwest' corner ofl said Lot 1 of Blocl
thence east, on an assumed bearing, alonq the North line of
Lot 1, being also the South Right of Way line of Northea,t
Street, a distance of 19.75 f~et; thence S 16 deqrees, 08 0
a distance of 67.54 feet to an intersection with the West li:
said Lot 1, of Block 68, said West line being also the East:
of way line of Swinton Avenue; thence N 0 degrees, 51', .
along said West line of Lot 1 and said East right of way lil
Swinton Avenue, a distance of 64.89 feet to the Point of Beginl
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RECORO VEAIFIE
PAL.M BEACH COUNT'
JOHN B. OUNKL.i
CLeAl< CIRCUIT CC
.
EXHIBIT C - INSUlU.NCE
A. Public Liability Insurance: Lessees shall maintain
public liabili,ty insurance in coverage limits of no less than
one million dollars l$l,OQO,OOO.OO} combined single limit for
bodily injury and 'property damage li~h;lity.
B.
Property Insurance:
The Lessox shall maintain
property insurance. The Lessee shall deposi.t into a restr:lcted
escrow account 50\ of the Lessor's shaJ::e for the deductible on
Property and Flood Insurance.
C.
Workers Compensation Insurance:
The Lessee shall
maintain Workers Compensation coverage in an amount equal to
the statutory limits of employers li~b;'ity.
/
D. Automobile Liabilitv Insurance: Lessee shall mainta1n
non-ownership automobile liability insurance in. the amount of
one million dollars l$lOO,OOO.OO}.
E.
Professional Liabilitv Insurance:
Lessee ..h.."
require all design professiona.1s engaged, in. restoxation ;mdJor
renovation of the property to have professional 1 i ..hi' i ty
insurance in an amount acceptab1e to the T~9""'~.
F. The Lessor shall be n~""'" as an addiri.......' insured on
the policies required in paragraphs, A, and D of ~hih1t C.
G. The Lessee ..h~" sul:mit insurance certifi.cates evi.-
dencing insurance of the type and the amount:a above stated or ._
otherwise agreed to by the parties.
H. The Lessee shall provide certificates of insurance
which shall give the Lessor thirty (30) days noti.ce of cancel-
lation.
.
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
~bert A. Barcinski, Asst. City Manager/Ccmmunity Services
June 22, 1989
DATE:
SUBJECT:
Documerttation City
Ratification Addendum #1
Commission Meeting June 27, 1989
- Cemetery/Mauscleum Sales Agreement
Action
City Commissicn
Sales Agreement
Delray, Inc.
is requested to ratify Addendum #1 - Cemetery/Mausoleum
which assigns the agreement to Prearrangements of
Background
The City Commission, at their regularly scheduled meeting on
June 13, 1989, approved Prearrangements of Delray, Inc. as the assignee
of the City's cemetery and mausoleum sales contract contingent upon staff
receiving a favorable credit report. This report was reviewed by staff
and ccnfirmed an excellent credit rating.
Following
addendum
following
formal assignment from Total Prearrangement, Inc., a contract
needs tc be apprcved and executed. The addendum includes the
changes to the original contract:
1. The contract will be amended to require that an annual financial
statement audited by a Florida C.P.A. be provided, with revenue and
expenditure detail as required by the City.
2. The various escrow acccunts used to fund construction and merchandise
purchases will continue to require both the City and Prearrangment's
signatures in order, to release funds. The contract will be amended
to indicate ,that all escrow accounts must be fully invested in
mutually agreeable investments and that proceeds f~cm such escrow
accounts, which are not needed for the construction of spaces or
purchase of merchandise, shall belong to Prearrangements of
Delray, Inc.
3.
The contract shall include
the corporation shall be
approval.
a provision that no transfer of stock in
made without City Commissicn's prior
4. There is the possibility that prior management may have given away
free spaces and not recorded such transactions, and therefore.
Prearrangements of Delray, Inc. shall be responsible to pay the City
fcr up to eight spaces per year at that rate of $175 per space and to
the extent the City accepts more than eight such spaces,
Prearrangements of Delray, Inc. will nct be entitled to any
ccmpensaticn.
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Documentaticn - City Commission Meeting - June 27,' 1989
Ratification - Addendum #1 - Cemetery/Hausoleum Sales Agreement
Page -2-
5. Prearrangements of Delray, Inc. will bury,indigents cnly with the
express approval of the City and shall nct be entitled to any
commissions on such indigent sales.
6. Repayment cf commission due to the City shall be accelerated to the
extent there are pre-taxed profits. The City shall share in 507. of
the year-end pre-taxed profits in addition to receiving the monthly
$1,000 payments until such time as the arrearages are cleared.
The contract addendum also includes the business plan submitted by
Mr. Yeager dated June 5, 1989.
Through this addendum, Prearrangements of Delray, Inc. agrees to:
1. Inject capital as necessary to cover fixed overheads.
2. Pay constructicn account escrow arrears within 30 days cf certified
audit by Ernst & Whinney.
3. Pay merchandise account escrcw arrears within 180 days of certified
audit.
4. Pay city commissions in the following manner:
A. Release funds frcm Merkle, Bright' & Sullivan' escrow
(approximately $ 8,000.00) to pay city commissions from
April 9,1989 through May 19, 1989, upon completion of agreement
with Ictal Prearrangements by June 27, 1989.
B. Pay city commission arrears of approximately $ 60,000.00 at the
rate of $ 1,000.00 per month (see Fixed Overhead). This amcunt
cannot be ascert&ined until certified audit is completed. If
this amount is greater than $ 60,000.00, the excess above
$ 60,000.00 will be funded within 30 days of certified audit.
Should the amount be less than, $ 60,000.00, Prearrangements Inc.
will pay this lesser amount at the rate of $ 1,000.00 per month
commencing 30 days after certified audit. Prearrangements will
not pay debt service cn this capital.
C. Ccntinue to pay city commissions weekly on current sales as
Prearrangements has since May 19. 1989.
5. Pay Al Vocke $ 40,000.00 over five years with nc debt service
(see Fixed Overhead).
6. Fund approximately $ 8,000.00 arrears to Professicnal Bankers Corp.
upon closing.
7. Fund legal obligation not tc exceed $5,000.00 upon closing.
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Documentation - City Commission Heeting - June 27,' 1989
Ratification - Addendum #1 - Cemetery/Mausoleum Sales Agreement
Page -3-
8. Fund rent and utilities arrears not to exceed $7,000.00 upon closing.
Recommendation
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Staff recommends ratification of addendum #1 - Cemetery/Mausoleum Sales
Agreement which assigns the agreement to Prearrangements of Delray, Inc.
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MEMORANDUM
TO: Walter Barry
City ,Manager
FROM:
Joe Weldoh
Director of Parks & Recreation
SUBJECT: ASSIGNMENT OF CEMETERY CONTRACT
DATE:
June 16. 1989
Per our meeting, this date, I recommend the contract for the sale of
grave plots, crypts, niches, and merchandise be assigned to Russ
Yeager of Pre Arrangement Inc. Mr. Yeager has previously supplied an
outline for redeeming the various account deficiencies and a credit
check was conducted of Mr. Yeager and found satisfactory.
I believe this transfer is in the best interest of the cemetery an
that it w~ll provide for a continuance of operations, will fund the
deficient Escrow Accounts, and keep on track the expected construction
of the mausoleum.
~~~YO:_h~~~~ns, please advise.
Joe eldon
Dir tor of Parks and Recreation
JW:giv
cc: Robert Barcinski - ,Assistant City Manager
Jeff Kurtz - City Attorney
File
REF: CEMCONT.DOC.
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PREARRANGEMENTS OF DELRAY, INC.
110 E. Atlantic Ave" Ste. 114
Delray Beach, FL 33444
(407) 276-6601
June 5, 1989
Jeffrey Kurtz, Esq.
Assistant City Attorney
310 SE First Street, Ste. 4
Delray Beach, FL 33483
Dear Jeff:
Enclosed please find 11 copies of the business plan for
prearran~ements of Delray, Inc. This plan was structured in
compliance with your letter of May 31, 1989 (Re: Page 3, Paragraph
2) .
It was necessary to constantly refer to the certified audit or use
phrases such as "not greater than." I built downside protection
for prearrangements in the possibility the audit'may find
unreported sales or any such other surprises. There can be no
comfort or coziness with the numbers as.we know they exist today.
Thank you for your help an~ courtesies in this matter. Should you
have any questions, please do not hesitate to contact us.
Since.~y ,
PR~~RtGEMENTS
~~LfY::: 'r
RY:JRB:ael
OF
Y, INC.
Enclosures
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SUMMARY
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,It is impossible~c cons~ruct a business plan without sound
financial information. Throughout this plan we refer to the
certified audit of Ernst & Whinney or use phrases such as "not
greater than." Please keep this in mind when reviewing this plan.
Ms. Jackie Henderson, currently employed by Prearrangements of
Delray, Inc." is a very competent person. Unfortunately, she has
had no formal accounting training. Mr. Phil Sheets gave her
little or no guid~nce. Hence, there was no general ledger kept
for this business. Consequently, I am very reluctant to invest
capital based on their unproven numbers.
My intention, should the City of Delray Beach agree to assign the
Agents Contract, to prearrangements of Delray, Inc., is to hire a
C.P.A. located in Delray Beach. The C.P.A. will install a general
ledger and implement proven, accepted accounting procedures. The
monthly reports generated will be in a format acceptable to Mr.
David Huddleston and Mr. Frank Deering. The C.P.A. will also
provide an annual certified audit,
prearrangements' willingness to over-fund the escrow accounts at
the rate of 35 percent make it possible to construct the mausoleum
and Lawn Crypt Gardens before the fourth year requirements of the
original City Agent Contract. This also generates a sound
financial statement for Prearrangements of Delray, Inc. With a
good financial statement, it would be possible to borrow on
receivables to build the mausoleum sooner than the fourth year.
These escrow funds not only are a legal obligation but a ~oral and
ethical commitment to the consumers who have 'already purchased
Pre-needs. '
The City of Delray Beach is concerned with its image to its
citizens. My wife and I are equally concerned about our image and
reputation. Both us us are active in church and community
affairs. Rather than have a dissatisfied customer, we would
personally reimburse these'customers to maintain our integrity and
reputation.
Through responsible fiscal management and good community
relationships, we will be able to maximize the profits for both
the City of Delray Beach and ourselves. This will enable us to
enhance the present cemetery facilities of Delray Beach.
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Prearrangement 5 Year Plan
Year 1 Year 2 Year 3 Year 4 Year 5 Total
Sales 405 487 593 727 777 2989
Spaces 77 77 77 77 77 385
Interment 32 32 32 32 32 160
Merch,
Vaults 34 34 34 34 34 170
Markers 53 70 91 118 153 485
Monument 1 1 1 1 1 5
Urns 3 3 3 3 3 15
Merch. Total 91 108 129 156 191 675
Maus, Niches 11 14 19 25 27 96
Maus. Crypts 99 132 171 222 230 854
Lawn Crypts 95 124 165 215 220 819
Total Maus, & L.C. 205 270 355 462 477 1769
City Comm
Spaces @50% 38,5 38.5 38.5 38.5 38,5 192,5
Interment @100% 32 32 32 32 32 160
Merch. @20% 18.4 21. 6 25.8 31. 2 38.2 135.2
Maus. C & N @25% 27.5 36.5 47.5 62 64 237,5
Lawn Cr. @25% 23.8 31 41. 3 54 ,55 205,1
Total 140,2 159.6 185,1 217.7 227,7 930.3
Escrow
Merch. @35% 31. 9 37.8 45.2 54.6 66.9 236,4
* Const, @35% 72 94.5 100 50 50 100
Total 103.9 132.3 145.2 104.6 116,9 336,4
Sales Cost @20% 74.6 91 112.2 118.8 149 545,6
Opel'. Cost 1~5 131 137 147 152 692
Pre-tax Profit -38.7 -26.9 13.5 138.9 ' 131,4 218,2
* Fund to 300 for Maus. by third year
000 Omitted
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Fixed Overhead
Year 1 Year 2 Year .3 Year4 Year 5 Total
Advertising 5 6 7 8 8 34
Contributions 2 2 2 3 3 12
Depreciation 1 1 1 1 1 5
Gifts & Ent, 2 2 2 2 2 10
Insurance 2 2 2 3 3 12
Salaries 50 55 60 65 70 300
Legal 4 4 4 4 4 20
Accounting 8 8 8 8 8 40
Rent 13 13 13 14 14 67
Telephone 8 8 8 8 8 40
Utili ties 2 2 2 3 3 12
Al Vocke 8 8 8 8 8 40
Office Supp, 3 3 3 3 3 15
Printing 5 5 5 5 5 25
City Comm. 12 12 12 12 12 60
Total
125
131
137
147
152
692
000 Omitted
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Pre Arrangement Liabilty
1.i~Jil.ilx
Escrow
Construction (arrears)
Merchandise (arrears)
City Commision (arrears) *
Al Vocke
*
Rent (arrears)
Utilities (arrears)
Legal (arrears)
Sales Tax (arrears)
Fed. with. tax (arrears)
FICA (arrears)
PBC (arrears)
Mi sc.( arrears)
Total
000 Omitted
~QD~inR~~L.i~Q.il~x
P.B.C. 121
8
31
60
40
5
2
5
6
7
5
8
10
187
121
1. The 187,000 is probably too high. This does represent the amounts as we
think they exist today. The audit of Ernst & Whitney will be exact.
2. The * figures are amounts to be included in .. fixed overheads ..
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PREARRANGEMENTS LIABILITY FUNDING
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.prearrangements will fund the amounts in arrears as follows:
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1. Inject capital as necessary to cover fixed overheads.
2. Pay construction account escrow arrears within 30 days
of certified audit by Ernst & Whinney.
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3. Pay merchandise account escrow arrears within 180 days
of certified audit.
4. Pay city commissions in the following manner:
A. Release funds from Merkle, Bright & Sullivan escrow
(approximately $8,000.00) 'to pay city commissions from April 9,
1989, through May 19, 1989, upon completion of agreement with
Total Prearrangements by June 27, 1989.
B. 'Pay city commission arrears of approximately
$60,000.00 at the rate of $1,000.00 per month (see Fixed
Overhead). This amount cannot be ascertained until certified
audit is completed. If this amount is greater than $60,000.00,
the excess above $60,000.00 will be funded within 30 days of
certified audit. Should the amount be less than $60,000.00,
Prearrangements Inc. will pay this lesser amount at the rate of
$1,000.00' per month commencing 30 days after certified audit.
Prearrangements will not pay debt service on this capital.
C. Continue to pay city commissions w~ekly on current
sales as Prearrangements has s~nce May 19, 1189.
5.
service
Pay Al Vocke $40,000.00 over five years with no debt
(see Fixed Overhead) .
6. Fund approximately $8,000,00 arrears to Professional
Bankers Corp. upon closing:
7. Fund legal obligation not to exceed $5,000.00 upon
closing.
8. Fund rent and utilities arrears not to exceed $7,000.00
upon Closing.
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MARKETING PLAN
. This type of service (Pre-Need) is very simple to market and sell.
There are three requirements necessary to sell' anything:
1. Create a need for the product or service (Advertising).
2. Show a method to fulfill this need (Sales
Presentation) . I
3. Give a reason for acting NOW (Pre-construction
Discounts, Limited-Time Offer, or Free-Space Offer. There must be
an incentive to act NOW) .
Our plans are to use:
1. Advertising in Delray Beach newspapers offering Pre-
Construction Allowance or Limited-Time Offer. This will not
change our agreed upon pricing. After completion of the mausoleum
and Lawn Crypt, Gardens, it is our intention to increase our agreed
prices by 20 percent. Illustration:
AFTER
CURRENT ALLOWANCE CONSTRUCTION
Lawn Crypt Gardens
Two 'for $1,500.00 $300.00 $1,800.00
Mausoleum
Two for 4,000,00 800.00 4;800.00
In our advertising, we will show this allowance as "Save Now." We
will also itemize in our advertisinq everything the consumer
receives for $1,500.00 or $4,000,00 now. There will also be a
qualifier of "Prices Subject to Change." This method will
generate inquiries, and more importantly, create the reason for
acting ~,
2. We will do a 'market survey by phone to determine if
consumers presently own cemetery space, From this pre-screened
survey, we can do a direct mail offer to be followed,by personal
contact by our sales force. Since we will only mail to consumers
who do not presently own space, we will reduce the cost of this
mail campaign,
3. Our intention is to use "Free Space" as a door opener
and also as an incentive to act NOW. This "Free Space"
Certificate will be numbered (to~ep a record of each certificate
used). Before one is given to any consumer, it must be
countersigned by the consumer, Prearrangements, and a member of
the City Staff (probably Mr. J. Weldon). When one certificate is
issued, Prearrangements will reimburse the City 50 percent of
$350.00 (current price). This certificate will require the
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consumer to validate annually. We will mail ~ form letter 30 days
prior to expiration and follow this with phone contact one week
prior to expiration. A valid attempt will be made to keep this
certificate current in order to sell this consumer additional
merchandise. If, however, the consumer does not validate, we will
charge the City for 50 percent of $350.00 (current price). Each
certificate will have the terms of this procedure on it.
4. We would like to establish a Veterans' section in the
present cemetery. . Once this is completed, we will then advertise
and offer special' concessions to U,S. veterans and their spOuses.
Any marketing concepts, tools, or advertising must be approved by
City Staff, in writing, prior to implementation. This approval or
disapproval should be responded to,within ten working days of
request.
There has been negative publicity created by previous management
that needs to be addressed.
1. By using Delray Beach newspapers to advertise, we will
be able to obtain positive press releases.
2. Personal contacts with local funeral directors to
establish sound working relationships,
3. Obtaining the right type of sales personnel to eliminate
misrepresentations to the public.
4. In general to "clean up the act of previous
management".
5. To operate this busiriess in a sound, fi'scally
responsible, and ethical manner.
As these things discussed in this plan are accomplished, it will
allow us to beautify the present facility as well as maximize the
profit potential for the City of Delray Beach and Prearrangements
of Delray, Inc. During the next six (6) months, we will do a
pricing survey of Boca Raton and Boynton Beach to insure our
prices are competitive.
It is necessary to hav.e these tools in order to make this business
viable. There must be a clear understanding between City Staff
and Prearrangements of Delray, Inc. on the sales and business
philosophy.
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AGREEMENT WITH TOTAL PREARRANGEMENTS, INC.
.In order to have access to the financial records of Total
Prearrangements, Inc., a contingent agreement was entered into.
This agreement encompasses the following:
1. Prearrangements of Delray, Inc. would function as
manager until the City of Delray Beach approves assignment of the
contract. Said approval to be obtained by June 15, 1989. During
this time, Prearrangements must keep city commissions current on
current receivables.
2. Prearrangements of Delray, Inc., will acquire all assets
of Total Prearrangements, Inc.
3. Prearrangements 'will assume the following liabilities:
A. Contingent Liability at Professional Bankers Group
(Approximately $121,000.00).
B. The escrow accounts in arrears at the time of
agreement (Approximately $39,000.00).
C. The city commissions in arrears through May 19,
1989, not to exceed $80,000.00.
, D. Al Vocke contract not to exceed $40,880.00.
E. Rental and arrears.
F. Legal arrears. ,
G. Telephone arrears.
The finalized agreement between Mr, Aubrey and Prearrangements of
Delray, Inc. will be completed by June 27, 1989.
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MEMORANDUM
TO:
Walter O. Barry, City Manager
. .
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: June 20, 1989
SUBJECT: Documentaticn City Commission Meeting
Dockmaster Agreement
June 27, 1989
Action
Commission is requested to approve a one (1) year agreement with Ernest
Grcsshanten to serve as Dockmaster at the City Marina.
Backp;round
The City approved and entered into an agreement with Mr. Grosshanten last
year. That agreement has expired. The Dockmaster's responsibilities
include performing minor maintenance on piers. buildings and grounds;
registering transient licenses; collecting and depositing transient fees;
enforcement of Marina regulations; maintain regular office hours; and be
available to the Marina residents. In return, the Dockmaster receives
dock space and free electrical services. A copy of the agreement is
attached.
Recommendation
Staff recommends
Mr. Grosshanten for
approval of the Dockmaster Agreement with
the period of June 17, 1989 through June 16, 1990.
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DOC~1ASTER AGREEMENT
This
1989 by
referred
referred
agreement made this day of .;
and between the CITY OF DELRAY BEACH,
to as "Ci ty" and ERNEST GROSSHANTEN,
to as "Dockmaster",
,
hereinafter
hereinafter
WIT N E SSE T H
That for and in consideration of the covenants and premises
contained herein the parties do hereby agree as follows:
1. The term of this contract is for one year beginning on
June 17, 1989 and ending June 16, 1990.
2. Either party shall be able to terminate this agreement
with cause by giving the other party forty-eight (48) hours
notice of said termination. Either party shall be able to
terminate this agreement without cause by giving the other party
thirty (30) days notice of said termination.
3. As payment for services rendered under this contract,
the Dockmaster shall receive electrical services for use on his
boat and to dock his boat at a Slip within the Delray Beach
Marina.
4. The Dockmaster shall be an independent contractor and
not an employee of the City. It is agreed that the Dockmaster is
not entitled to any benefits from the City other than those
contained within the confines of this agreement.
5. The Dockmaster shall
maintaining regular office hours
residents of the Marina.
have ,the
and being
responsibility
available to
of
the
6. The Dockmaster shall perform all minor maintenance on
piers, bUildings and grounds within the Marina and shall advise
the Department of Parks and Recreation of the City when any major
repairs or maintenance needs to be done at the piers, bUildings
and grounds of the Marina.
7. The DockIi1aster shall register transient licensees and
assist in the registration of permanent licensees.
8. The Dockmaster shall be responsible for cOllecting all
transient fees and deposits due and owing the City. In addition,
the Dockmaster shall file a record of all monies received with
the Parks and Recreation Department. Dockmaster shall enforce
all rules and regulations of the Marina as they have been
presently established by the Parks and Recreation Department of
the City or as they shall hereinafter be amended. Dockmaster
shall present all transient license agrements entered into and
advise the Department of Parks and Recreation of the City of any
vacant slips on a monthly basis.
!
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,
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9. The Dockmaster shall perform any and all additional
functions deemed appropriate by the Director of the Parks and
Recreation D~partment'of the City.
.
10. The Dockmaster shall conduct himself with propriety and
in such a manner as to facilitate a harmonious relationship
between the Dockmaster and other vessel occupants docked at the
Marina.
11.
any of
consent
It is understood that the Dockmaster may not delegate
his duties or authority without the express written
of the Director of the Parks and Recreation Department.
IN WITNESS WHEREOF, we have set our hand and seal on the
date aforementioned.
CITY OF DELRAY BEACH, FLORIDA
By:
Walter O. Barry
City Manager
Attest:
City Clerk
ERNEST GROSSHANTEN
Witness
Dockmaster
Witness
Approved as to legal form
and sUfficiency:
ASsistant City Attorney
2
1
"'
,
, MEMOP-ANDUM
TO:
WALTER BARRY, CITY MA~~
FRANK SPENCE, DIRECTOR, DEVELOPMENT SERVICES
JUNE 22, 1989
FROM:
DATE:
SUBJECT:
-----------------------------------------------------------------
NOSTALGIC SIGNS - WESTSIDE LIQUORS
REQUEST:
Responding to Commission direction given at their June 13,
1989 meeting, as well as the owner Ms. Carolyn Cunningham,
reconsideration of denial of designation of the Wests ide
Liquors roof top sign as a nostalgic sign and exemption
from the sign ordinance, is hereby presented.
BACKGROUND:
The original review committee, consisting of William
Wilsher, Alice Finst, Frank Spence, Lula Butler, Joyce
Desormeau and Jeff Kurtz, met on February 21, 1989, to
revie~ non-conforming signs and to recommend exemptions
based on a criteria for historic or nostalgic appeal to the
City Commission for approval, which Commission sUbsequently
gave after a public hearing on March 28, 1989. '
The committee did not rec~mmend a waiver of the Westside
Liquors sign because "there was nothing ,especially redeeming
about this particular sign, as it was rather plain and did
not have much history associated with it." The complete
committee report written by Jeff Kurtz is attached.
RECOMMENDATION:
If the Commission desires to move forward with
reconsideration, then the appropriate motion is to direct
the City Clerk to ,advertise for a public hearing pursuant to
Section 30.15 of The Code of Ordinances of the City of
Delray Beach, Florida, to consider waiving the applicability
of Section 162.070 "Off-Premises Signs; Exception" which
prohibits roof signs, to allow existing roof sign to remain
at Westside Liquors at 301 W. Atlantic Avenue.
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MEMORANDUM
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To:
Walter Barry, City, Manager
Thru:
Frank Spence, Development Services Director, d.
Lula Butler, Community Improvement Director' 1"1//
From:
Joyce A. Desormeau, Dec. Lie. & Sign Admin.'
.~
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Date: June 21, 1989
-----------------------------------------------------------------------------
Subject: WESTS IDE LIQUORS REQUEST FOR NOSTALGIC SIGN INCLUSION
Attached is a request by West Side Liquors, 301 W. Atlantic Ave., to
add their nonconforming roof signs in 'the nostalgic waiver granted by the
City Commission March 28, 1989.
Ms. Cunningham's comment regarding the neon sign is well taken, as the only
other open neon flat wall sign in the area is the Love Drug's sign on E.
Atlantic Ave.
Although the nostalgic sign committee did not address the neon sign
issue directly, they felt there was adequate room on the walls to allow the
rooftop signs to be moved onto the walls. The committee also felt there was
not much history associated with the sign, therefore Ms. Cunningham has
supplied background information in her request.
c: Jerome Sanzone
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FOR EVl'R Y'llllNG IN SIGN ^llVEIlTISI~~C
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NEON & PLASTIC SIGNS
P. O. DRAWER 2119
276.) 191
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ROY M. jIMON, A.LA., AI~":,HIT'ECT'
architects and planners
.
June 13, 1989
City Commissioners
City of De1ray Beach
100 Northwest First Avenue
Deiray Beach, Florida 33444
Re: Nostalgic Signs
West Side Liquors
301 West Atlantic Avenue
Dear Commissioners:
At the recommendation of a special committee for "Nostalgic
Signs", on March 28, 1989, you granted a Waiver of City Ordinances
relating to five signs in the community. The sign at West Side
Liquors was not included in the list.
West Side Liquors' sign is a concrete structure designed as a
significant element of the building utilizing the signage
techniques of the post World War II era. The building was
constructed approximately 35 years ago, in the mid 1950's.
In 1980, minor ienovations to the building facade included the
wood veneer and a canopy above'the sidewalk. The sign and
building structure were left intact.
Because the sign structure is an integral part of the building,
is approximately 35 years old, has served the same business in
the same location during that time, has painted signage illuminated
by bent neon tubes forming its letters (a dying art form), it
possesses significant historical value and should be granted an
exception to the, current sign ordinances.
Respectfully,
vfJ. ^.4.
:o~. Simon, A.I.A.
y
100 northcast fifth a\iClIllC, suitc a-:,z, JcklY bcach, [luriJa 3341B .407'278-1914
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,JTY OF DElRRY DER[li
.: i'Y ATTORNEY'S OFFICE
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Date:
r1,;u'ch ;!, .1 9 fl9
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City Commls~.i..on
From:
J~~ffrp.:! $. KlIrt?, JI,,-sist::mt C',1.ty l\ttorncy
Subject: Nostalqic Siqns
A corrunittee consisting of \~,il.liam wi.lsllCr (Communi.ty Appearance
Board melliber), l\lice Finst (Histvric Preso:1rvation Board
member), Frank Spence, fJula Butler, .];;>yce Desmoreau aIllI myself
Inet on February 21, 198~ to discuss nostalgic: signs within the
City of Delray Beach. This meeting \~as in a-::cordance with the
City Corrunissiun's directive to look at the nonconforming signs
which presently exist Iolithin the City and analyze which signs,
if any, remain in their present -::onfiguration despite their
nonconformity. Further, if any such signs do exist, what was
the rational thilt would distinguish those signs' from other
signs withi.'n the City th",t ':iolatcd t.hco 5amc -aspects of the
sign code.
During the course of the <.lisc\lssion and after J:evi.ewing the
list of all nonconforming signs, a consensus was reached within
the committee that all signs which ~I('!re nonconforming due to
setback violal~ions should be: brought into conformity. The
corrunittee came 1'..0 thi.s ~onclusion based primarily on two
factors. First, the City Corrunission, in the Fall of 191:18,
considered nonconforming signs within sp~cial setback areas
(Le. Linton Boulevard) and the Corrunission came to the conclu-
sion that revisio'ns to the-, sign code to C1ccorrunodate those
setback violrltio"~ were innppropriate. With that decision in
mind, the corrUlli ttee re.:l!;oned tha t s~tba,ck violations could be
cured simply by moving the s i yns bac); 011 tb~ property. 1 f. tbe
owners Ioli,sh to preserv,:) ;';~lch ~igniJ, they can do :;0 simply by
moving the signs; '''hieh in <ill likelihocd \~ould be less expen-
si'le then removing th,~ :> 19l1, t al:::r ieu tlng and cnec ting a new
sign.
There were tllO ot.her broad qra:lpillq$ of si 9n vio1ations consid-
ered by the cOlnmittee, ttll~y being thr.' ,~xi5tence of too many
signs at: a b\winc~sz, dnLl the c;:ec!;5i'lt! sp.:lee '..!,'111 signs took
up. It \~as the cmruni ttce' s CO:1sensus th.'lt to the extent
.
City Cornmis.sion
j'Iaroeh 2, l~) 8 9
Page 2
busIness owners \'Jith too' many ;,;igns wilnted to preserve a sign,
they could maintain the best oign that was otherwise conforming
and simply eliminate the rest. As to wall signs which took up
to much space, it was fel t thu t the .c;ame style sign could be
maintained simply by eliminating ext:css verbiage or reducing
let.ter size and thercfor.e those signs could be accommodated
within our codes and keep their character and integrity,
In coming to i t.s conclusions, the cor:lllli ttee reviewed nine
specific signs, to which it gave speciill consideration. These
signs, along with the type of violation, are listed below:
1. Rosella's DclicaLeosen - too many signs.
2. Florida Public Utilities - rooftop sign and lettering
extends more than eight inches from the wall.
3. Carteret Savingo Bank - rooftop sign.
4. Doc's Soft Serve - rooftop sign.
5. LO'VC"8 D,r.ugs - rooftop sign.
6. Sail Inn - rooftop oign.
7. The T,t'opical Barber Shop - rooftop sign.
8. Hestsicll! LiqUor's - l'(lof top sign.
9. Parndise Club - ~ooftop sign.
Four Her.e
approval;
those arc
reo:::ommended for dh;approval;
and tlHH't:! ;'},,\8 no consp.nsu~;
discus!.wd below.
four 'dere recommend for
on the ninth. l':ilCh of
Most of these slgns were rooftop signs and within that
grcJuping, there Wcn) four signs whit:h the cOflvnit:tee felt .....ere
worth maintaining and all of them had some Gimilar characteris-
tics. A sign is ::onsidered to be a rooftop sign if it is
affixed tc the building and uny portion of the sign e:(tends
above the roof line. Tht) f cur signs which were rccolTllllended for
approval are; Cartcret Savings Bank, Doc's Soft Serve, Love's
Drugs and Sail Inn. 'I'he four signs within the above grouping
that ~}ere rejected were R':Jsella's, Florida Public Utilities,
Tropical Barber Shop ilnd I-Iestsiclc Liqllors. The cOlTllllittee could
1I0t come to a consensus on the Paradise Club sign.
Rosella's remaining nonconformity was that there is an excess
of signs on the walls of the building, uS reoftop sign has been
",
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City COllunission.
f1arch 2, 1989
Page 3
.
elimina ted. I t was the cOllVni t tee's feeling tha t the signage
aspect on Rusella's that was worthy of maintaining was Rose and
the "Rosella I s" under it. That portion could actually be in
compliance if the delicatessen/bakery signs were eliminated.
This is because the problem with the rose portion of the sign
is not t.he size of the wall sign, but an excess of signs.
Therefore, since the portion that was deemed to have some
nostalgic or artistic esthetic value was a sign that could be
saved it was deemed inappropriate to grant any sp€cial consid-
erations to Rosella's.
lis to Florida Public Utilities, the committee's consensus was
that it should be struck down, however. Alice Finst thought
that it was a sign that reflected a particular period of the
City's history and was worthy of keeping. The consensus of the
committee was that the basic character of the sign could be
maintained simply by moving the lettering back, thus curing the
violation that a sign shall be no more than 0 inches from the
wall and that the little water drop was insignificant and could
be removed without effecting the overall aesthetic quality or
historic value of the sign. The water drop is in violation
because, it constitut€s a rooftop sign, since it is above the
ruof line.
As to the Tropical Barber sign which is a violation because it
is a roof top s iyn. I t ~Ias f e 1 t tha t the sign could be pre-
served simply by moving it 'to the wall and therefore since ,that
could easily be .1ccomplished, the City' could have the best of
both worlds which is maintaining the old sign, but preserving
the integrity of our code.
As to the Westside Liq~urs siqns, it was in violation because
it is a rooftop sigrl-:-- The committee felt that there was
nothing especially redeeming about this particular sign, as it
was rather plain and did not have much history associat€d with
it. Moreover, there is adequate room on the walls to allow the
rooftop sign to be' moved onto the walls or other appropriate
signage could be affixed to the building.
The four signs that the commi t tee would recommend that the
Commission allow to remain had considerable historic or nostal-
gic appeal and were of a unique design constituting expressions
of art rather than simple advertising, or served some general
public benefit. Those signs are Doc's Soft Serve, due to the
snow cone on the rooftop sign; Love's Drugs due to the mortar
and pestle on its rooftop sign; the sailboat on the Sail Inn;
and the Cartere~ Savings Bank clock because it served a pUblic
purpose. These four signs could not remain in their present
shape if they were moved. It: J.s recommended thnt those signs
.
.
City Commission
Narch 2, 1989
Page 4
be g~ven a special exemption from the sign code because of
their artistic and historic of public service villue. These
signs were in existence prior to the passage of our current
~ign code. The last sign considered by the comnittee was the
Paradise Club siqn and no consenslls was reached as to it.
Staff membersof'--the committee felt that the sign was rather
plain and ordinary and did not have the characteristics associ-
ated with Doc's Soft Serve, Love Drugs or the Sail Ion, whereas
other members of the conullittee felt that the sign was consis-
tent in character with a past time period and had some nostal-
gic value and was worthy of preservation.
This item will he placed on the Commission's agenda for their
consideration ilod direction. The procedure the committee felt
was most appropriate to ilccomplish the preservation of the
signs the Commission feels worthy of preservation is by speci-
fic waiver of the sign code ordinance's applicability to those
particular signs. Such waiver would be accomplished by adver-
tising the waiver of the ordinances and passage of the same by
the City Commission at an upcoming regularly scheduled meeting.
JSK: sh
cc: Walter Q. Barry, City Manager
Members,
"
.
C I T Y
C O'M MIS S ION
DOCUMENTATION
TO:
FROM:
WALTER O. BARR2i CITY MANAGER
~ --<-~~.. ~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
~~~~U~ '
~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
SUBJECT: MEETING OF JUNE 24, 1989
FINAL PLAT FOR PHASE II OF SABAL LAKES
ACTION REOUESTED OF THE COMMISSION:
The action requested of the City Commisison is that of
approval of the final subdivision plat for the second
phase of the Sabal Lakes residential development.
The site is located adjacent to Banyan Creek School off
Barwick Road.
BACKGROUND:
Sabal Lakes has been previously approved through a Master Site
Plan under PRD-L zoning. A preliminary plat for the entire
development has also been approved. The development is occuring
in phases. Phase I is under construction. It consists of single
family detached homes. Phase II completes the single family
detached home portion and begins the zero lot line portion.
This phase involves 29 acres and 107 lots. Details of the project
and it's analysis are found in the full P&Z Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of May IS, 1989, the Board certified the final
plat as being consistent with the approved preliminary plat. A
few technical items were to be accommodated prior to forwarding
the plat to the City Commission for action. Those items have
since been accommodated.
RECOMMENDED ACTION:
By motion, approval of the final plat for Sabal Lakes Phase II.
Attachment:
I
cover sheet for the P&Z Staff Report'
reduction of final plat
REF/DJK*47/CCSABAL.TXT
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rLHNNING g,ZONING BOARD
CITY OF DaRAY BEACH
---
STfFF REPORT
MEETING DUE: May IS, 1989
AGENJA ITEM: IV. B
CONSIDERATION OF FINAL PLAT APPROVAL FOR SABAL LAKES PHASE II ON THE EAST SIDE
ITEM: BARWICK ROAD, BETWEEN LAKE IDA ROAD AND RIDGEWOOD ROAD.
. . . . .
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GENERAL DATA:
Owner...~.......................Pult. Home Corporation
Agent....................................... ........... .Dawn C. Sonneborn
Berry .nd C.lvin. Inc.
Developer................:......Pult. Home Corporation
Location........................On the Eaat aide of Barwick Road,
between Lake Id. Ro.d .nd
Ridgewood Ro.d.
Property S1ze....................... .,. :-..... .28.9163 Acre.
Land U.. De.ign.tion............PRD_L (Planned R..identi.l-Low
Density)
Zoninq De.iqnation..............PRD-L (Low to Medium Density
Planned Re.identi.l Development)
Dbtdct
Adj.cent Zoninq.................North' of the .ubject property is
zoned PRD-L (Sabal Lak.. Ph...
I). South i. zoned R-1A .nd
R-1A-'. Ba.t b zoned R-1A-',
PRO-' .nd ART IAqricultur.l
R..identi.l Tr.n.ition.l). w..t
b zoned PRD-L .nd ART.
Existinq L.nd Us................V.c.nt l.nd
I
Propo.ed L.nd us................Sinql. family convention.l .nd
zero-lot 11n. home. d.v.lopm.nt.
W.ter .nd Sewer Service.......:.Require. extendinq the exi.tinq
w.ter .nd .ewer main. from S.bal
Lake. Pha.e I into Ph... II.
ITEM: 1!l. 8
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[ITY DF DELAAYBEA[H
100 N.W. 1st AVENUE
DELAAY B'EACH, FLORIDA 33444
407/243.7000
M E M 0 RAN DUM
TO:
Walter O. Barry, City Manager
THRU;
John W. Elliott, Jr.,
Assistant City Manag~~~
Management Services ~ y 0
Director ~~
FROM:
Ted Glas, PurChasing
DATE:
June 6, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
June 27, 1989 - BID AWARD - BID #89-55
FIRE HYDRANTS - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to award bid to the low
bidder, B & H Sales, at an estimated annu~l cost of $14,439.
Per the Budget Office, funding is from account
#441-5123-536-60.89 (Water & Sewer - Water Distribution
Capital - Equipment Other),
Backoround:
The Public Utilities Department has need for an annual
contract on fire hydrants based on estimated annual
quantities. Bids for this contract were received on May 24,
1989 from five (5) area vendors all in accordance with City
purchasing procedures. (Bid #89-55. Documentation on file
in the Purchasing Office.) A Tabulation of Bids is attached
for your review.
Recommendation:
Staff recommends award to the
the estimated annual amount
account as stated above.
low bidder. B & H Sales,
of $14,439" with funds
for
from
TG/jc
Attachments:
Tabulation of Bids
Memorandum from Public Utilities
pc
Robert Barcinski
Yvonne Kincaide
Bill Greenwood
Larry Martin
Al Monteleone
!ll.A
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO:
Kendra Graham
Bid Specialist
FROM:
Larry Martin
Deputy Director of Public Utilities
SUBJECT:
DATE:
FIRE HYDRANT BID '89-55
June 2, 1989
The Kennedy K-81-A is an acceptable fire hydrant for the City of
Delray Beach Water Distribution Division.
The award of the bid to B&H sales is recommended.
.
,
APPENDIX I
Sharing For Excellence In Schools. 1990
The following supplemental actions in support of Delray Beach Schools sllould be taken if determined to
be feasible by the Commission.
Education Board.
Crealion of an official city board to be called the 'Education Board" which would have. among others, the
following functions:
A Monitoring of School Board Activities.
B, Liaison between School Board and Commission.
C. Liaison with lhe adminislration of each Delray Beach School as well as those
anended by Delray Beach Sludents elsewhere.
D. Preparation of an annual "State of Schoals" report for Delray Beach Schools.
E. Development of recommendations to the School Board and Commission for actions
which may be taken in support of schools in Delray Beach.
F. Maintenance of a continuous public relalions effort (funded if possible) to improve
and maintain the public image of Delray Beach schools. This effort should include,
bUl not be limited 10:
1) Placemenl of favorable male rial in local media.
2) Developmenl of brochures and other ntalerials to be utilized in
"marketing' the Delray Beach schools.
G. Assisting the Commission and School Board in state level 'legislative efforts as
requested.
H. Identifying and anracting state and federal programs and grants in direct supporl
of Delray Beach Schools in cooperation with the School Board.
S. D. Snadv Commillee.
The formation of a commillee of inlerested persons in both public and privale sectors, including the
business community,for the conlinuing improvement and support of S. D. Spady Elementary.
II
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