12-12-89 Regular
.
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
December 12, 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. Proclamations:
A. Recognizing the Delray Beach Rocks Football
congratulating them for their "Third Winning Season".
Team and
6. Presentation:
A. Awards to Participants in Kids and Cops Program.
B. Resolution No. 100-89: A Resolution for the renaming of the
Linton Avenue Scrub property.
PUBLIC HEARINGS
7. ORDINANCE NO. 67-89: (West Atlantic Avenue No.2) An Ordinance
for the voluntary annexation of parcels along West Atlantic Avenue
which includes the Scotty's Hardware Do-it-Yourself Center, Dunkin
Donuts; Taco Bell; Mobil Gas Station; Delray West Plaza, shopping
center with two out buildings, a vacant fast food restaurant and
Flagler National Bank with proposed zonings of G.C. and S.C. City
Manager and Planning and Zoning Board recommend approval.
8. ORDINANCE NO. 73-89: An Ordinance rezoning property located at
the southeast corner of N.E. 8th Street and Palm Trail (Henry's
Marina) from GC (General Commercial) to SAD (Special Activities
District). City Manager and Planning and Zoning Board recommend
approval.
9. ORDINANCE NO. 76-89: An Ordinance amending the Code of
Ordinances by enacting a new subheading "Change Orders and Contract
Modifications" to provide for approval procedures for Change Orders to
construction and non-construction contracts, contract modifications
and internal procedures for processing those documents. City Manager
recommends approval.
10. ORDINANCE NO. 78-89: An Ordinance amending the Code of
Ordinances to provide additional information relating to
qualif~cations and time frames for qualifying for special elections to
fill vacancies created by Municipal recall. City Manager and City
Attorney recommend approval.
11. ORDINANCE NO. 83-89: An Ordinance amending the Linton Square SAD
to accommodate a veterinary clinic. City Manager and Planning and
Zoning Board recommend approval.
Agenda
Meeting of 12/12/89
PUBLIC COMMENTS
12. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
13. ORDINANCE NO. 84-89: An Ordinance rezoning Norris property
located on the southwest corner of S.W. lith Avenue and S.W. 1st
Street from RM-6 (Residential Medium) to R.O. (Residential Office).
City Manager and Planning and Zoning Board recommend approval. If
passed public hearing January 16th.
". (14. ORDINANCE NO. 85-89: An Ordinance providing for consumption of
_j,_, i alcoholic beverages on the Golf Course premises so long as such
beverages are purchased from the golf course restaurant. City Manager
and City Attorney recommend approval. If passed public hearing
to be scheduled after advertising requirements are satisfied.
i 15. ORDINANCE NO. 86-89: An Ordinance amending the
permit lawn mower sales in the GC (General Commercial)
City Manager recommends approval. If passed public
scheduled after advertising requirements are satisfied.
Zoning Code to
zone district.
hearing to be
REGULAR AGENDA
16. INTERLOCAL AGREEMENT BETWEEN THE CITY AND SOLID WASTE AUTHORITY:
Consider approving interlocal agreement between the City and Solid
Waste Authority to turn revenues from recyclables over to the Solid
Waste Authority in return for reduction of monthly service charge to
City customers. City Manager recommends approval.
17. CONSIDER TERMS OF TWO OFFERS TO PURCHASE CITY OWNED PROPERTY:
Consider terms association with two offers to purchase City owned
property located at the corner of Miramar and Venetian Streets and if
acceptable direct staff to advertise for public hearing.
18. CONSIDER TERMS OF OFFER TO
Consider terms associated with an
property located on North Federal
acceptable direct staff to advertise
PURCHASE CITY OWNED PROPERTY:
offer to purchase City owned
Highway (Adult Bookstore) and if
for public hearing.
19. PRESENTATION OF LANDSCAPE PLANS FOR DIXIE HIGHWAY AND S.W. 10TH
STREET OVERPASS: Provide direction and approval of landscape plan for
Dixie Highway as presented by H. Kurt Kettlehut.
20. CHANGE ORDER NO. 1 KETTLEHUT CONTRACT: A Change Order
decreasing the scope of service by deleting the requirement for
architectural landscape designs for West Atlantic Avenue (Congress to
Military), Lake Ida Road (Swinton to Military), portion of S.W. lOth
Street and the inspections associated with those designs. Deletion of
those services will reduce the contract price by $14,451. City
Manager recommends approval.
21. REQUEST FOR ADDITIONS TO KETTLEHUT CONTRACT: Consider request
from Mr. Kettlehut to add additional landscape architectural serv~ces
to the existing contract with the City. If approved these changes
will be incorporated into a change order. City Manager recommends
approval of additions referred to in paragraph III, "Design
Development Presentations: and denial of other additions to contract.
22. TERMINATION ALTERNATIVE- KETTLEHUT CONTRACT: Consider
alternatives for terminating Kettlehut contract provided issues cannot
be resolved by using the Change Orders as specified above.
23. PINEAPPLE GROVE SCULPTURE: Consider
Pineapple Grove Sculpture Committee for selection
pineapple Grove Beautification project. City
approval.
recommendation from
of Sculptors for the
Manager recommends
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Agenda
Meeting of 12/12/89
24. TENNIS CENTER/ LAVERS: Provide direction regard~ng
identification of approximate amount of monies that will be spent
pursuing this activity and direct staff regarding how to proceed w~th
this project.
25. DELRAY AFFAIR: Approval
waiver of charges for City
harmless provisions of permit.
of the event; City services; partial
services (overtime) and; waiver of hold
City Manager recommends approval.
26. REQUEST FOR FUNDING- S.D. SPADY ELEMENTARY SCHOOL: Consider
request from S.D. Spady Elementary School for funding in the amount
of $600 to supply books through their "Reading is Fundamental"
program. City Manager recommends approval.
27. REQUEST FOR CONDITIONAL
Professional Office on N.E.
modification. City Manager
approval.
USE
4th
and
APPROVAL:
Street and
Planning and
Consider request for a
attendant site plan
Zoning Board recommend
28. REQUEST FOR CONDITIONAL USE AND SITE PLAN APPROVAL: Consider
request for conditional use and site plan approval for the Exxon
Station located on the northeast corner of Atlantic and Congress
Avenues to accommodate a car wash in lieu of revised service area.
City Manager and Planning and Zoning Board recommend approval.
29. RESOLUTION NO. 99-89: A Resolution for the abandonment of S.W
22nd Avenue, S.W. 10th Court, S.W. 20th Terrace and S.W. 11th Court,
within the Abbey Delray Total life Care Community to provide more
security for the residents. City Manager and Planning and Zoning
Board recommend approval.
30. REQUEST FOR ATTENDANT SITE PLAN MODIFICATION AND FINAL PLAT
APPROVAL: Consider a request for attendant site plan modification and
final plat approval for the Abbey Delray Total Life Care Community
located at the southwest corner of Congress Avenue and Lowson
Boulevard to rearrange the main entrance configuration, construct a
guard house, close the entrance west of the main entrance and the
entrance at the southeast corner of the site. City Manager and
Planning and Zoning Board recommend approval.
31. REQUEST FOR WAIVER OF BUILDING PERMIT FEES: Consider request for
waiver of permit fees for proposed improvements to be made at 211 S.E.
10th Street which will accommodate services and offices to serve wOmen
in need of assistance. City Manager recommends approval.
32. DENIAL OF SETTLEMENT OFFER:
Mrs. Dingman in the amount of
against the City.
33. DENIAL OF SETTLEMENT OFFER: Deny settlement offer from Mr.
Butts in the amount of $50,000 to settle pending litigation against
the City.
Deny settlement offer from Mr. and
$1,895 to settle pending litigation
CONSENT AGENDA
34. MAINTENANCE OF GROUNDS- WOMEN'S CLUB: Consider modification of
agreement between the City and Women's Club to provide for City
maintenance of grounds around the Women's Club building. City Manager
recommends approval.
35. INITIATION OF CITY EMPLOYEE AWARD PROGRAM: Consider initiating
Award Program for City employees who meet certain years of service
requirement (5 year increments) and to honor those employees retiring.
City Manager recommends approval.
36. AUTHORIZATION TO PARTICIPATE IN THE FORD FOUNDATION 1990
INNOVATION AWARD PROGRAM: Authorize staff to submit an application to
the Ford Foundation 1990 Innovation Award Program for possible grant
award for our after school care program. City Manager recommends
approval.
-3-
Agenda
Meeting of 12/12/89
37. TUITION
reimbursement
fighters and
approval.
REIMBURSEMENT PROGRAM: Ratification of tuition
program for sworn police officers and certified f~re
acceptance of draft policies. City Manager recommends
38. RESOLUTION NO. 97-89: A
requesting special consideration
Ida Road, from Jog Road to Federal
Resolution to
regarding road
Highway.
Palm Beach County
improvements on Lake
39. RESOLUTION NO. 98-89: A Resolution authorizing the issuance of
not exceeding $21,492,000 aggregate principal amount General
Obligation Bonds (multiple projects) of which $5,180,000 aggregate
principal amount shall be issued for the purpose of financing the
acquisition, construction, reconstruction, and equipping of certain
fire facilities; not exceeding $11,207,000 in the aggregate principal
amount shall be issued for the purpose of financing the acquisitions,
construction and reconstruction of certain street, sidewalk, alley,
rights-of-way, drainage and beautification project; not exceeding
$4,605 shall be issued for the purpose of financing the acquisition,
construction and equipping of improvements to certain recreational and
cultural facilities; and not exceed $500,000 in aggregate principal
amount shall be issued for the purpose of financing the acquisition
and construction of various neighborhood improvement projects;
providing the terms, rights, remedies and security of the holders, and
making certain other covenants of such General Obligation Bonds are
provided for.
40. RESOLUTION NO. 101-89: A Resolution assessing
abatement action required to demolish an unsafe building
at 601 S.W. 3rd Street.
costs for
on property
41. AWARD OF BIDS AND CONTRACTS:
A. Rental
Corporation
Development
Rehabilitation 1119
in the amount of $13,610
Rental Rehab (Account No.
Germantown Road- Abisset
with funding from Community
118-1975-554-60.23) .
B. Gymnastic Instruction- Afterschool program- Boca Academy of
Gymnastics in the amount of $2,596.00 with funding from
Children's Service Council Grant (Account No.
001-4105-572-34.11).
C. Pier and Ramp Enhancement/ Knowles Park- Lucas Marine in the
amount of $33,532 with funding from Knowles Park (Account No.
334-6111-539-61.61 - costs to be reimbursed from approved Florida
Boating Improvement Program Grant upon receipt).
D. Office Supplies- Decora Office Furniture in an approximate
amount of $32,500 with funding from various departments operating
budgets (35-11 and 35-15/ office supplies and operating
supplies) .
E. Backhoe- Water Distribution Division- Case
Equipment in the amount of $35,000 with funding from
Sewer Fund- Equipment (Account No. 441-5161-536-60.89).
42. Comments and Inquiries on Non-Agenda Items:
Power and
Water and
A. Commission
B. :ity Attorney
C. City Manager
-4-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF DECEMBER 12, 1989
DATE: December 8, 1989
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 67-89- West Atlantic Avenue No.2) This
is a Second Reading of an Ordinance for the voluntary annexation of
parcels along West Atlantic Avenue which includes the Scotty's
Hardware Do-it-Yourself Center, Dunkin Donuts; Taco Bell; Mobil Gas
Station; Delray West Plaza, shopping center with two out buildings, a
vacant fast food restaurant and Flagler National Bank with proposed
zonings of G.C. and S.C.
This is a 16.93 acre area comprised of six parcels lying south of
Atlantic Avenue, east of Military Trail and west of Whatley Road.
Each of the properties proposed for annexation are covered by water
service agreements, the Taco Bell property is covered in the water
service agreement with Scotty's. The entire area proposed for
annexation is commercial in nature, so no additional population will
be added to the City. Staff recommends that second reading of this
Ordinance be delayed until after December 1st at which time the
enacting ordinance for the annexation of West Atlantic Avenue No. 1
will be effective, thus making this property contiguous.
The Planning and Zoning Board at it's October 16th meeting recommended
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance 67-89.
Item No. 8 (Ordinance No. 73-89) This is a Second Reading of an
Ordinance rezoning property (Henry's Marina) located at the southeast
corner of N.E. 8th Street and Palm Trail from GC (General Commercial)
to SAD (Specialized Activities District). As part of this action, The
Commission is approving the list of allowable uses and the site plan.
Those uses presently include Full Service Marina; In and Out Dry
Storage; Small Engine Repair; Sale of Gas and Diesel Fuel; Sale of
Oil, Ice and Non- Alcoholic Beverages; In-water Dockage Rental;
Installation of Electronics; Marine Store- sale of electronics,
outboard motors, and related paraphernalia; Fabrication and Assembly
of Canvas Boat Paraphernalia. However, these uses may be restricted
by action of the Planning and Zoning Board at their December 11th
meeting.
The City Commission viewed a special presentation of the
plan prior to first reading of the SAD ordinance. Also,
the waivers associated with the project were identified.
waivers are incorporated with the site plan submission
rezoning action which is inclusive of the site plan.
The Planning and Zoning Board will act upon the site plan and the list
of requested uses at its December 11th meeting. The P&Z staff report
sets forth conditions of approval relative to the site and comments on
the requested uses and is available for review in the City Manager's
Office. The enacting ordinance contains the action, including
allowable uses, as recommended by the Planning and Zoning Board.
proposed site
at that time,
All of those
and hence the
Recommend approval of Ordinance No. 73-89.
Item No. 9 (Ordinance No. 76-89) This is a Second Reading of an
Ordinance amending the Code of Ordinances by enacting a new subheading
AGENDA REPORT
Meeting of 12/12/89
"Change Orders and Contract Modifications" to provide approval
procedures for Change Orders to construction and non-construction
contracts, contract modifications and internal procedures for
processing those documents. This ordinance incorporates previous
administrative policies into a standard for Change Orders and contract
modifications processing. The City Manager is designated as the
approval authority on all Change Orders or contract modifications
under the amount of $10,000. For Change Orders and contract
modifications over $10,000 and requests for extension of time,
Commission approval will be required. Additionally, change orders of
an insignificant nature (less than $25) will not be required to be in
writing.
Recommend approval of Ordinance No. 76-89.
Item No. 10 (Ordinance No. 78-89) This is a Second Reading of an
Ordinance amending the Code of Ordinances to provide additional
information relating to qualifications and time frames for qualifying
for special elections to fill vacancies created by Municipal recall.
Language has been added to this Ordinance specifying that in order to
qualify as a candidate for a special recall election, the candidate
must file with the City Clerk, no earlier than 8:00 a.m. two days
after the Circuit Court Judge sets the date for the special recall
election and no later than 5:00 p.m. on the eighth day after the date
has been set.
Recommend approval of Ordinance No. 78-89.
Item No. 11 (Ordinance No. 83-89) This is a Second Reading of an
Ordinance amending the Linton Square SAD to accommodate a veterinary
clinic in a vacant bay in the Linton Square Shopping Center located on
the northwest corner of Linton Boulevard and Congress Avenue. The
Linton Square SAD was established by Ordinance 52-84 to accommodate
retail development on property which was designated for Industrial
use. The use of "veterinary clinic" was one of the uses originally
excluded from the site. The applicant is proposing to operate a
veterinary clinic, for emergency animal care only, the hours of
service will be from 6 p.m. to 8 a.m. There will be no on site
disposal of carcasses or boarding in excess of overnight accommodation
of patients for medical treatment.
The Planning and
recommended approval.
in the City Manager's
Zoning Board at
A detailed staff
Office.
it/s November 20th meeting
report is available for review
Recommend approval of Ordinance 83-89.
FIRST READINGS
Item No. 13 (Ordinance No. 84-89) This is a First Reading of an
Ordinance rezoning Norris property located on the southwest corner of
S.W. 11th Avenue and S.W. 1st Street from RM-6 (Residential Medium)
to R.O. (Residential Office).
The property under consideration received a "special exemption" in
1971 for physician and dentist use. The site was developed for that
purpose. Subsequently the zoning code was changed to RM-6 which does
not accommodate the existing use. The owner is proposing to establish
business and professional office uses within the existing structure,
therefore rezoning is necessary.
The Planning and Zoning Board at it's December 11th meeting will
consider this request. It is anticipated that approval will be
recommended. A detailed staff report is available for review in the
City Manager's office.
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AGENDA REPORT
Meeting of 12/12/89
Recommend approval of Ordinance No. 84-89 continqent upon the Planninq
and Zoninq Board recommendation.' .
Item No. 14 (Ordinance No. 85-89) This is a First Reading of an
Ordinance providing for consumption of alcoholic beverages on the Golf
Course premises provided such beverages are purchased from the golf
course restaurant. The existing liquor license for the restaurant
allows carry out sales. It has been a practice for may years to allow
golfers to purchase alcoholic beverages out on the course while
playing golf. However, City Code does not permit the consumption of
alcoholic beverages on public property. This Code amendment would
officially provide an exemption for the golf course premises.
Recommend approva.l of Ordinance No. 85-89.
Item No. 15 (Ordinance No'. 86-89) This is a First Reading of an
Ordinance amending the Zoning Code to allow lawn mower sales in the GC
(General Commercial) zone district. We received a request to add to
the list of conditional uses in the CG zone district, lawn mower sales
and services. The Commission may wish to consider this item in
conjunction with the offer to purchase the City/s North Federal
Highway property.
The Planning and Zoning Board will consider this request at their
December 11th meeting. The Board, through their authority, may
determ~ne. th4tJ~is use is a like or similar use already permitted and
may rule favorably on this request. If so, there would not be a need
to revise the Code. The Planning and Zoning Board recommendation will
be provided at your Tuesday evening meeting.
Recommend approval of Ordinance 86-89.
REGULAR AGENDA
Item No. 16 .Interlocal Agreement between the City and Solid Waste
Authority. A few months ago, the Commission was asked to act on a
request from the Solid Waste Authority which was similar in nature to
this agreement. At that time staff recommended denial in order to
allow the City to continue to collect revenues on the sale of
recyclables. Waste Management has notified us that their market for
recyclables has now been exhausted and they have no facility to take
the recyclables to. Waste Management must now take the recyclables at
to the County Solid Waste Authority. The agreement with SWA is needed
in order to permit delivery of our recyclables .to the Solid Waste
Authority. Waste Management has agreed to reduce our monthly charge
by five cents per unit because they will no longer have to sort at
curb side. An ordinance change will be prepared for the January
agenda. This agreement provides that the City will turn over revenues
from recyclables to the Solid Waste Authority in return for a
reduction in the monthly service charge to City customers.
Item No. 17 Consider Terms of Offer to Purchase City Owned Property.
This item is before you to determine if the terms of the sale are
acceptable to the Commission and for staff direction. We have
received two offers to purchase City owned property located at the
corner of Miramar and Venetian Streets. The first offer is in the
amount of $450,000. The buyer is proposing to make a $10,000 deposit
into escrow upon acceptance of the contract, secure a loan for
$375,000 within 45 days of acceptance of contract from a lending
institution, and pay the balance of $65,000 upon closing which is
tentatively set for on or before February 20, 1990. In addition, an
addendum to the sales agreement is attached which stipulates that the
sale is contingent upon satisfactory tests for soil boring,
percolation and any other test necessary for the intended use of
construction of 15 units.
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AGENDA REPORT
Meeting of 12/12/89
The second offer is in the amount of $474,900. The buyer is proposing
to make a $10,000 deposit into escrow upon acceptance of the contract,
pay an additional deposit of 37,490 within 10 days of the effective
date of the agreement, and pay the balance of $427,410 upon closing.
In addition, an addendum to the sales agreement is attached which
stipulates that the sale and closing is contingent upon the
satisfactory environmental audit of the property; the replatting of
the property and site plan approvals allowing for 15 zero lot line
parcels which would accommodate 15 two-story residential townhouse
units; and approvals from all other City agencies and Boards required
preliminary to issuance of build permits.
The appraisal done on this property in January 1989, estimated the
current market value of this property based on 10 and 15 developable
units at $380,000 (ten developable units) and $430,000 (15 developable
units). The City's advertised asking price for this property is
$474,900. Additionally, the Commission had agreed to pay a five
percent brokerage commission. If this offer is acceptable to the.
Commission the net proceeds after payment of commission would. be
$427,500.
These offers have been sent to the Board of Realtors Advisory
Committee for review and recommendation. We anticipate receiving a
response back prior to your Tuesday evening meeting and will provide
that information to you as soon as it is available.
Recommend consideration of terms for sale of property at Venetian and
Miramar Streets and direct staff to advertise for pUblic hearinq.
Item No. 18 Consider Terms of Offer to Purchase City Owned Property.
We have received an offer to purchase City owned property located at
2507 North Federal Highway (Adult Bookstore) in the amount of
$250,000. This item is before your to determine if the terms of the
sale are acceptable to the Commission and for staff direction. The
buyer is proposing to make a $12,500 deposit in escrow upon acceptance
of the contract, secure a loan in the amount of $187,500 within 60
days of acceptance of the contract and pay the balance of $50,000 upon
closing which is tentatively set for on or before February 28, 1990.
In addition an addendum is attached to the contract setting forth
conditions. Which include:
A. To rezone or allow by similarity of use the sale and service
of lawn mowers.
B. Requiring the City to define all site deficiencies and the
requirements for bringing the property up to code. Giving the
Buyer the option to cancel the contract if the costs for bringing
the property into requirement is more than 3\ of the contract
price.
C. Buyer to perform a hazardous material inspection and in the
event hazardous material is found, the seller will clean the
property to safe conditions or the buyer will have the right to
cancel the contract or clean up himself.
There are some concerns about the provision to bring the property up
to code. Parking, landscape, electrical, plumbing, roof and other
structural improvements will need to be made. Additionally, we
received notification from the County Health Department that this
facility need to be hooked up to City water service. We do not have
an estimate of what these improvements will costs however, at this
time, it is anticipated that they might exceed 3\ of the contract
price.
The appraisal done on the
$215,000. The advertised
property in May 1989 estimated the value at
asking price is $250,000. Additionally the
- 4 -
AGENDA REPORT
Meeting of 12/12/89
.
Commission
this offer
payment of
had agreed to
is acceptable
the commission
pay a five percent brokerage commission. If
to the Commission the net proceeds after
would be $237,500.
This offer has been sent to the Board of Realtors Advisory Committee
for review and recommendation. We anticipate receiving a response
back prior to your Tuesday evening meeting and will provide that
information to you as soon as it is available.
Recommend consideration of the terms for the sale of property at 2507
North Federal Hiqhway and if acceptable, direct staff to advertise for
public hearinq.
Item No. 19 Presentation of Landscape Plan for Dixie Highway and S.W.
10th Street Overpass. Mr. Kettlehut presented plans for the
preliminary landscape design for South Dixie Highway, between the C-15
Canal and S.E. 10th Street, to the Beautification Task Force on
November 30th. Revisions to those plans have been made based upon
comments from that meeting and are submitted for your direction and
approval.
Additionally, preliminary landscape plans for the I-95 overpass at
S.W. 10th Street have been prepared and are forwarded for your
direction and approval. This section of road is not expected to be
effected by the road widening for S.W. 10th Street between U.S. 1
(Federal Highway) and Wallace Way (Germantown Road).
Recommend Commission direction and approval of landscape plan for
South Dixie Hiqhway and the S.W. 10th Street Overpass.
Item No. 20 Change Order No. 1 Kettlehut Contract. This Change
Order is for a decrease in the scope of service and costs of those
services as outlined the contract between the City and Kettlehut and
Associates. The projects which are .deleted from the contract are:
West Atlantic Avenue (Congress to Military Trail); Lake Ida Road
(Swinton to Military Trail); and a portion of S.W. 10th Street. The
reason for these changes is the schedule for reconstruction of roadway
section is not anticipated until 1991- 1993, therefore, landscaping
cannot be designed at this time.
Recommend approval of Chanqe Order No.1.
Item No. 21 Request to Add Additional Services to the Kettlehut
Contract. Mr. Kettlehut is requesting additional services be added
to the contract between the City and Kettlehut and Associates. These
service include a Master Plan Presentation at a cost of $3,000;
Governmental Review and Approval at a cost of $3,660; Design
Development Presentation at a cost of $1,610; Additional Contract
Drawings at a cost of $5,200 and Contract Drawings at a cost of
$2,700. These additions represent an increase in the contract amount
of $16,170 a~d would negate the saving realized in Change Order No.1.
Staff is recommending denial of most of this proposal with the
exception of the Design Development Presentation. A detailed staff
report is attached as background material on this item.
Recommend a roval of additional services for the Desi n Develo ment
Presentations and denial of the remainder 0 the request rom H. Kurt
Kettlehut and Associates.
Item No. 22 Termination Alternative- Kettlehut Contract. There is a
change order before the Commission using Mr. Kettlehut's figures,
which alters the scope of work resulting in a decrease to the
contract. Staff supports the decrease to the contract as stated in
the change order. Also on your agenda, is a request for approval of
additions to the contract in five separate areas. Staff supports the
additions referred to in paragraph III "Design Development
- 5 -
AGENDA REPORT
Meeting of 12/12/89
Presentations", in the amount of $1,610, but recommends denial of the
other additions to the contract.
The contract between the City and Kettlehut for landscaping services
provides for termination with or without cause. Therefore,
termination of the contract is being offered as an additional option.
Recommend consideration of termination of the contract between the
City and H. Kurt Kettlehut and Associates.
Item No. 23 Pineapple Grove Sculpture. The Pineapple Grove Sculpture
Committee has recommended the selection of four Sculptors to provide
sculptures for the Pineapple Grove Beautification project. Those
selected were: Jane Man~s, David Langley, Sylvia Jafee, and David
Gochenour. They will each create one sculpture, two of which would be
serious creations, with the other two being "light-hearted". Initial
estimates from the sculptors indicate that all four works can be
created and purchased within the budgeted $25,000.
Recommend approval of selection of four
for the Pinea le Grove Beautification
25 000.
sculptors to create sculptures
ro'ect at a cost not to exceed
~
~
~
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{
Item No. 24 Tennis Center/ Lavers. This item is before you to
provide staff direction regarding identification of approximate amount
of. monies that will be spent pursuing the Lavers acquisition and to
direct them on how to proceed with this project. Parks, Planning,
Engineering and Public Utilities staff met to derive cost estimates of
the proposed tennis layout at Lavers. The cost estimates for 14 clay
tennis courts, (eight lighted), one stadium court, roadway and parking
lot construction, building moving, relocation of sewer and water
lines, sod, irrigation, landscape material, and building maintenance
totalled $834,957 with a 15\ contingency. This figure represents a
rough estimate of proposed construction costs a detailed engineering
plan in order to derive actual cost. Currently there is $1,021,190 in
the Tennis Court fund, $70,444 of which has been encumbered for
architect fees for the Lake Ida project, leaving an approximate
balance of $950,746.
Recommend Commission desiqnation of amount of fundinq they are willinq
to expend on the Lavers proiect and direct staff on method to proceed.
Item No. 25 Delray Affair. The Chamber of Commerce, on behalf of the
Delray Affair, is requesting endorsement of the Delray Affair to be
held April 20, 21 and 22, 1990; use of City facilities; staff and
other services; a waiver of the hold harmless provision of our permit
requirements and City participation (50\ sharing) to offset expenses
for overtime and other costs associated with the Delray Affair. This
request is consistent with policy actions of the City taken last year.
However during the budget procedure, the Commission held discussions
concerning the waiver of overtime payments. Overtime and other
services for last years event totalled approximately $10,500.
Recommend approval of waiver of hold harmless provision of the Special
Events permit, request for City services, and consideration of waiver
for 50\ of City costs.
Item No. 26 Request for Funding- S.D. Spady Elementary School. S.D.
Spady Elementary School is requesting funding in the amount of $600 to
restock their supply of books used in their Reading is Fundamental
program. Funding is available in the Commission Special Events
account.
Recommend approval of request for fundinq in the amount of $600 with
fundinq from the Commission/s Special Events Account.
- 6 -
AGENDA REPORT
Meeting of 12/12/89
Item No. 27 Request for Conditional Use and Site Plan
Approval. We have received a request for conditional use
professional offices at 207-217 N.E. 4th Street
district), along with a minor subdivision plat.
Modification
approval for
(RM-10 zone
This property consists of a single family home, a garage apartment,
and two duplex dwelling units located within the Del Ida Historic
District. Except for the main structure, side and rear yard setback
encroachments occur. The current development proposal for this site
is to convert the single family dwelling into an interior design
office, construct a swimming pool and deck, and to continue renting
the existing apartments.
Establishment of the requested use and upgrading of the site should
have a positive impact along this street and generally within the
Del-Ida Historic District. The Planning and Zoning Board at it's
November 20th meeting recommended approval subject to conditions. The
Historic Preservation Board granted a certificate of appropriateness
on this site. Variance considerations will be heard at their December
meeting. At the time of this report the Community Redevelopment
Agency had not reviewed this request. Likewise, the Del-Ida Park
Historic District had not responded to our written notice.
Additionally, a minor subdivision plat is required.
Recommend approval of conditional use and site plan modification for a
professional office at 207-217 N.E. 4th Street.
Item No. 28 Request for Conditional Use and Site Plan Approval. We
received a request for conditional use and site plan approval for the
Exxon Station located on the northeast corner of Atlantic and Congress
Avenues to accommodate a car wash in lieu of revised service area.
Previously the Commission granted a waiver to the right-of-way
requirements for this site along with approving a site and development
plan for conversion to a high-volume gasoline outlet, convenience
store, and service/repair area. The agent is now requesting that the
site plan be modified to delete the service/repair area and it be
replaced with a car wash. To accommodate the new use alterations to
the location of the pumps has occurred. Further some changes were
necessary to the perimeter landscaping to accommodate required
drainage retention.
The Planning and Zoning Board will consider
December 11th meeting. It is anticipated
recommend approval. A detailed staff report
in the City Manager's Office.
this request
however, that
is available
at their
they will
for review
Recommend approval of conditional
modification for the Exxon Station at
continqent upon recommendation of the
use request and site plan
Atlantic and Conqress Avenues
Planninq and Zoninq Board.
Item No. 29 Resolution No. 99-89. A Resolution for the abandonment
of S.W 22nd Avenue, S.W. 10th Court, S.W. 20th Terrace and S.W. 11th
Court, within the Abbey Delray Total life Care Community to provide
more security for the residents. This is a companion to the item
below and encompasses the abandonment of streets necessary to carry
out the proposed construction.
Recommend approval of Resolution No. 99-89.
Item No. 30 Request for Attendant Site Plan Modification and Final
Plat. We received a request for attendant site plan modification and
final plat approval for the Abbey Delray Total Life Care Community
located at the southwest corner of Congress Avenue and Lowson
Boulevard. This request consisted of rearranging the main entrance
configuration, construct a guard house, close the entrance west of the
main entrance and the entrance at the southeast corner of the site.
- 7 -
AGENDA REPORT
Meeting of 12/12/89
The catalyst for this request is the Congress Avenue widening project
which took right-of-way from public streets within Abbey Delray and
created security problems at that site.
The Abbey Delray Life Care Retirement Complex consists of a 100 bed
convalescent home and a 360 unit life care retirement community. The
Complex has been completely built-out. The proposed improvements are
to be completed in. two phases. The first phase entails modification
to the entrance ways and construction of the perimeter wall along the
east boundary adjacent to Congress Avenue. The second phase will
include the construction of the perimeter walls and fence along the
northern, northwestern and southern perimeters respectively.
The basic elements of the proposed changes will have minimal impact on
the adjacent properties. Additionally, no increase in traffic
generation will be created. The Community Appearance Board at it's
September 13th meeting recommended approval of the proposed
improvements subject to the condition that gates be provided along the
southern fence in order to access utilities. The Planning and Zoning
Board at its September 18th meeting recommended approval subject to
conditions.
Recommend approval of attendant site plan modification and final plat
for Abbey Delrav.
Item No. 31 Request for Waiver of Building Permit Fees. We received a
request for waiver of permit fees for proposed improvements to be made
to accommodate services and offices for women in need of assistance.
This request is consistent with previous Commission action. The
permit fees are estimated at $1,500.
Recommend approval of waiver of permit fees for proposed improvements
to be made at 211 S.E. 10th Street.
Item No. 32 Denial of Settlement Offer. Mr. and Mrs. Dingman have
filed a small claims suit against the City, seeking recompense for
alleged property damage and are seeking an injunction against further
damage. The Dingman's property abuts the driving range at the
Municipal Golf Course. They are offering a settlement in the amount
of $1,895 and requests that the City inform the new licensee to do all
he can to minimize stray balls from encroaching nearby property. The
City Attorney's office has reviewed this matter and are recommending
denial.
Recommend denial of settlement offer from Mr. Dinqman.
Item No. 33 Denial of Settlement Offer. We received an offer to
settle in the amount of $50,000 from Demetrius Butts. Mr. Butts
filed a claim against the City for false arrest and imprisonment
arising out of his arrest for resisting an officer in December 1987.
The City Attorney'S Office is continuing it's investigation of this
matter and therefore recommend denial.
Recommend denial of settlement offer from Mr. Butts in the amount of
$50,000.
CONSENT AGENDA
Item No. 34 Maintenance of Grounds- Women's Club. The Women's Club
is requesting the City provide grounds maintenance for their building
on S.E. 5th Avenue. As we are currently maintaining the park area
east of this site and the area for which they are requesting
assiHmce is fairly small, approval is recommended.
A prov~sion of the contract we have with the Women's club is that they
- 8 -
AGENDA REPORT
Meeting of 12/12/89
maintain the grounds at this site,
contract is necessary.
therefore modification to the
.
Recommend a roval of re uest from the Women's club for transfer of
grounds maintenance responsibility back to the City.
Item No. 35 Initiation of City Employee Award Program. This program
would recognize employees who qualify under the designated years of
service with the City (five year increments) and to honor employees
who are retiring. The service awards would be retroactive to October
1st, while the retiree program would become effective on April 1,
1990. The certificate and gift award would be based upon the amount
of service and range in price from $5.00 to $35.00 per individual.
Retirees would receive a plaque and gift certificate based upon years
of service which would range in price from $100 to $250 per
individual.
It is estimated that the start up cost for this program will be.
$1,000, with an annual cost thereafter of $3,000. The costs of this
program will come from the individual department budgets. Total cost
for FY 89-90 is estimated at approximately $4,000.
Recommend approval of initiation of the City Employees Award Proqram.
Item No. 36 Authorization to participate in the 1990 Innovation Award
Program. Staff is requesting authorization to participate in the Ford
Foundation 1990 Innovation Award Program for our After School Program.
A copy of the grant application is attached as background for this
item. It is pOSSible for the City to be awarded a maximum of $100,000
to support it's After School Program projects.
Recommend approval of authorization to submit qrant application to the
Ford Foundation 1990 Innovation Award Proqram.
Item No. 37 Tuition Reimbursement Program. At the Executive Session
held on December 5th, the Commission approved tuition reimbursement
assistance for sworn police officers and certified fire fighters.
This item is on your agenda for ratification and approval of the draft
policies.
Recommend
o ficers
policies
a
an
for
roval of tuition reimbursement
certi ied fire fiqhters and
those aqencies.
ro ram for sworn
acceptance of the
olice
draft
Item No. 38 Resolution No. 97-89: A Resolution to Palm Beach County
requesting special consideration regarding road improvements on Lake
Ida Road, from Jog Road to Federal Highway. At your December 5th
meeting, the Commission provided direction to staff concerning
proposed resolution language for the widening of Lake Ida Road. The
proposed resolution has been prepared for Commission consideration.
The elements of the resolution are as follows:
A. Not to widen N.E. 4th Street beyond that allowed within a
68' right-of-way between Swinton Avenue and N.E. 2nd Avenue and
beyond that allowed within 60' right-of-way between N.E. 2nd
Avenue and Federal Highway.
B. That the eastern linkage of Lake Ida Road (Congress to
Swinton) four lane, shall be accelerated in the five-year plan so
that it precedes construction of the western linkage.
C. That action be taken to four lane Lake Ida Road between
Military Trail and Congress.
D. That any tour lane extension of Lake Ida Road west of
- 9 -
AGENDA REPORT
Meeting of 12/12/89
Military Trail shall not be permitted.
Recommend approval of Resolution No. 97-89.
Item No. 39 Resolution No. 98-89: A Resolution authorizing the
issuance of not exceeding $21,492,000 aggregate principal amount
General Obligation Bonds (multiple projects) of which $5,180,000
aggregate principal amount shall be issued for the purpose of
financing the acquisition, construction, reconstruction, and equipping
of certain fire facilities; not exceeding $11,207,000 in the aggregate
principal amount shall be issued for the purpose of financing the
acquisitions, construction and reconstruction of certain street,
sidewalk, alley, rights-of-way, drainage and beautification project;
not exceeding $4,605 shall be issued for the purpose of financing the
acquisition, construction and equipping of improvements to certain
recreational and cultural facilities; and not exceed $500,000 in
aggregate principal amount shall be issued for the purpose of
financing' the acquisition and construction of various neighborhood
improvement projects; providing the terms, rights, remedies and
security of the holders, and making certain other covenants of such
General Obligation Bonds are provided for.
Recommend approval of Resolution No. 98-89.
Item No. 40 Resolution No. 101-89. A Resolution assessing costs for
abatement action required to demolish an unsafe building on property
at 601 S.W. 3rd Street. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $1,760 remains unpaid.
Recommend approval of Resolution No. 101-89 assessinq costs for
demolishinq an unsafe bUildinq within the City.
Item No. 41 AWARD OF BIDS AND CONTRACTS:
A. Rental
Corporation
Development
Rehabilitation 1119
in the amount of $13,610
Rental Rehab (Account No.
Germantown Road- Abisset
with funding from Community
118-1975-554-60.23) .
B. Gymnastic Instruction- Afterschool program- Boca Academy
Gymnastics in the amount of $2,596.00 with funding
Children's Service Council Grant (Account
001-4105-572-34.11).
of
from
No.
C. Pier and Ramp Enhancement/ Knowles Park- Lucas Marine in the
amount of $33,532 with funding from Knowles Park (Account No..
334-6111-539-61.61 with costs reimbursed from approved Florida
Boating Improvement Program Grant upon receipt).
D. Office Supplies- Decora Office Furniture in an approximate
amount .of $32,500 with funding from various departments operating
budgets (35-11 and 35-15/ office Supplies and operating
Supplies) .
E. Backhoe- Water Distribution Division- Case Power and
Equipment in the amount of $35,000 with funding from Water and
Sewer Fund- Equipment (Account No. 441-5161-536-60.89).
Item No. 42 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 10 -
December l2, 1989
Mr. Mayor, City Commissioners I
I am Ingrid Eckler, residing at 2750 Seacrest Blvd., Delray Beach, For over
30 years I have been actively engaged in encouraging and assisting citizens to
register to vote and then to cast an informed vote.
According to reports which have come to my attention, Delray Beach has an
ordinance which requires that a candidate filing for mayor or city commissioner
must have been registered as a voter on or before September 1st of the year
prior to the election.
I have researched the U. S. and Florida Constitutions and the Palm Beach
County Charter and find that in many instances there are age and residency
requirements such as 3.5 years old for President and a resident for 7 yearsl 30
years old for U. S. Senate, a citizen for 9 years I 25 years old f or the U. S. House
of Representatives, a citizen for 7 years. Senate and House candidates must be
residents of the state or district, respectively, from which they seek election.
In Florida the Governor, Lt. Governor and cabinet n.e.nbers shall be at least
30 years of age, be an elector and a resident in the state for the past 7 years.
Members of the Florida Senate and House must be 2l years old, an elector and be
residents of the district from which they are seeking election.
In Palm Beach County, county commission candidates must be residents of
the district from which they seek election.
I found no precedent for a requirement that a candidate be registered any
specific time before filing - only that he/she be an elector at the time of
filing.
I have spoken with the person who was Mayor at the time this ordinance was
adopted. He told me he had no idea there was a provision in it having to do with
time of registering as a voter but rather what they wanted to do was provide that
ca.bdidates who present themselves for election shOUld be bona fide residents of
the city.
It would appear that this provision for voter registration deadline for a
candidate is subject to successful challenge as an abllidgment of a citizen's
civil rights. It would seem expedient for the members of the City Commission
to take the necessary steps immediately to amend this ordinance so that this
provision will be eliminated and the original intent of residency requirement
i:la provIded.
Thank you.
***
&ul ~ YiL~05
Y-iL /~p-/,~9 S~Ltu. fff~
(11Y DF DELRAY BEA[H
100 N.W, 1st AVENUE
DELAA Y BEACH, FLORIDA 33444
407'243.7000
WHEREAS, the Delray Rocks Football program, sponsored by
the Delray Beach Parks and Recreation Department, proudly repre-
sented the City of Delray Beach; and,
~llIEREAS, during November 23 26, 1989, the Rocks
competed for several National Championships, under different
weight classes, against teams from various regions of the Country;
and,
11HEREAS, the 80 pound team and the 140 pound team won
their first national titles, and the 115 pound team won the
national title for the second consecutive year as well as the
Hollywood Optimist Football League Superbowl for 1989; and,
~1HEREAS, the parents, friends and cheerleaders of the
Delray Rocks represented the City of Delray Beach in support of
the accomplishments of these young men and their coaches,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the Delray Rocks to
be
"CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS
OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA"
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this l2th day of December, 1989.
MAY 0 R
DOAK S. CAMPBELL
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SA
[Iry DF DELRAY BEA[H
'00 '\J'/V 1,; AVEN:JE
DELRA y' BE"::"CH ~LORIDA 33444
407 243.7000
MEMORANDUM
.
TO: Malcolm T. Bird, Interim City Manager
FROM:
John W. Elliott, Jr.,
Management Services
Assistant City Manager/~~
DATE: December 8, 1989
SUBJECT: KIDS AND COPS PROGRAM - PRESENTATION - CITY
COMMISSION MEETING - DECEMBER 12, 1989
The Kids and Cops pilot program was implemented using off-duty Delray Beach
Police Officers, involved with kids in the Delray Rocks Football Program.
The purpose of the program is to strengthen the relationships between our
local youth and members of the Delray Beach Police Department. To provide
and encourage an alternative for kids from engaging in criminal behavior
(street crimes, drug use, etc.), and giving them the opportunity to take
part in constructive and enjoyable activities.
Four (4) officers expressing interest in this athletic program volunteered
to take part in the pilot program, interacting with kids involved with the
four (4) Delray Rocks Football Teams. Each officer adopted one athletic
youth team and participated with that team throughout the season.
The following officers will be presented with plaques for their volunteer
service in the "Kids and Cops" program during the youth football season.
Officer Sal Arena
Officer John Evans
Sgt. Fred Zieglar
Sgt. Matthew Mitchell
o Chief Charles Kilgore will be presented with a plaque for his
support of the Kids and Cops program.
o Sgt. Ross Licata will be presented with a plaque for his leader-
ship in coordinating the Kids and Cops program.
o
Perry Don Francisco will be presented
Delray Citizens for Delray Police for
in the Kids and Cops program.
a plaque on behalf of the
their support and interest
JWE:sk
THE EFFORT ALWAYS MATTERS
I
~
.
~
,
ORDINANCE NO. 67-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH SIX (6) PARCELS OF
LAND LYING AND BEING IN SECTION 13, TOWNSHIP
46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE SOUTHEAST CORNER OF WEST
ATLANTIC AVENUE AND MILITARY TRAIL, LYING
WEST OF WHATLEY ROAD; REDEFINING THE BOUNDA-
RIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF
TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART,
AND SC (SPECIALIZED COMMERCIAL) DISTRICT, IN
PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Delta Petroleum Corporation is the fee simple
owner of the North 240 feet of the West 256 feet of the Northwest
Quarter (NW l/4) of the Southwest Quarter (SW l/4) of the South-
west Quarter (SW 1/4) of Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida (LESS the North 40 feet road
right-of-way); and,
WHEREAS, Delray West Plaza Partners Ltd. is the fee
simple owner of the Southerly 663.83 feet of the North 697.53
feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter
(SW l/4) of the Southwest Quarter (SW 1/4) of Section l3, Town-
ship 46 South, Range 42 East, Palm Beach County, Florida (LESS
the North 240 xeet of the West 256 feet thereof); and,
WHEREAS, Forest-Atlantic Associates Ltd. is the fee
simple owner of the West l79 feet of the Northerly 245 feet of
the West Half (W 1/2) of the Northeast Quarter (NE l/4) of the
Southwest Quarter (SW l/4) of the Southwest Quarter (SW l/4) of
Section l3, Township 46 South, Range 42 East, Palm Beach County,
Florida (LESS the North 7 feet Delray West Road right-of-way);
and,
WHEREAS, Scotty's Inc. is the fee simple owner of the
West Half (W l/2) of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW l/4)
(LESS the North 7 feet Delray West Road right-of-way and the West
179 feet of the Northerly 245 feet) and the North 5 feet of the
West 36.l9 feet of the West Half (W l/2) of the Southeast Quarter
(SE l/4) of the Southwest Quarter (SW l/4) of the Southwest
Quarter (SW l/4) of Section l3, Township 46 South, Range 42 East,
Palm Beach County, Florida; and,
WHEREAS, Chase Bank of Florida and D. Douglas and Donna
Douglas, Trustees, are the fee simple owners of Lots lO and ll,
Country Club Acres, according to the Plat thereof recorded in
Plat Book 24, Page 10, Public Records of Palm Beach County,
Florida; and,
WHEREAS, JMA Properties Inc. is the fee simple owner of
Lots 62 and 63, Country Club Acres 2nd Addition, according to the
Plat thereof recorded in Plat Book 24, Page lO, Public Records of
Palm Beach County, Florida; and,
7
WHEREAS, the fee simple owners as hereinabove named
have requested by their petitions to have the property hereinaf-
ter described annexed into the municipal limits of the City of
Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petitions for annexation effective at
this time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described lands located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
PARCEL "A"
The Northwest Quarter (NW l/4) of the South-
west Quarter (SW l/4) of the Southwest
Quarter (SW l/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County,
Florida; together with,
The West Half (W l/2) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW
l/4) of the Southwest Quarter (SW l/4) of
Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; together with,
Lots lO and ll, COUNTRY CLUB ACRES, according
to the Plat thereof recorded in Plat Book 24
at Page lO of the Public Records of Palm
Beach County, Florida.
PARCEL "B"
Lots 62 and 63, COUNTRY CLUB ACRES 2ND
ADDITION, according to the Plat thereof
recorded in Plat Book 24 at Page 10 of the
PUblic Records of Palm Beach County, Florida.
The subject property is located at the
southeast corner of West Atlantic Avenue and
Military Trail, lying west of Whatley Road.
The above described parcels contain a 16.93
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.
- 2 -
Ord. No. 67-89
Section 3. That Section l73.886 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 GC (Gener-
al Commercial) 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 SC (Spe-
cialized Commercial) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 5. 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 6. 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-
bili ty for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 7. That all ordinances or parts of ordinances
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 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 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 -
Ord. No. 67-89
C I T Y
COM MIS S ION
D'O CUM E N T AT I ON
TO:
ROBERT A. BARCINS~, ASSISTANT CITY MANAGER
~t. /7 ,~, '"
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
VIA:
FROM:
~~j~v~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 24, 1989
WEST ATLANTIC ANNEXATION #2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading on the enacting ordinance for
West Atlantic Annexation #2. If approved, second
reading should be scheduled for December 12th.
BACKGROUND:
This is the second of the annexations along West Atlantic Avenue
which are being carried out pursuant to the City's Annexation
Policy. This annexation again involves the "calling-in" of water
service agreement commitments.
The area is approximately l7 acres in size and is developed for
commercial purposes. Please see the Planning and Zoning Board's
staff report for details of uses, zoning and the project
analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1989, the Board held a public
hearing on this item. There was no public comment. The Board
then, on a 6-0 vote, recommended approval with GC and SC zoning.
The Board commented that second reading should occur after the
effective date of West Atlantic Annexation #1 (i.e. December
lst); thus, the public hearing on this item should be set for
the regular meeting of December l2th.
RECOMMENDED ACTION:
By motion, approval of this enacting ordinance on first reading
and set a public hearing date of December l2, 1989.
Attachments:
"
"
"
Ordinance by the City Clerk
Exhibit showing annexation area and proposed zoning
P&Z Staff Report is available in the City Manager's
Office
REF/DJK#52/CCWAA2.TXT
}-' -k:Ai'4f\t r NG
CITY
ZONING
BEACH
8
BOARD
OF DEL RAY
MEETING rnTE: OCTOBER 16. 1989
AGet-aI ITEM:
IV-A
ITEM: WEST ATLANTIC AVENUE ANNEXATION #2
STAFF
REPORT
...
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Propolec1 Zoninq
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DATA:
Owner..........................v.riou.. .ee attachment
Loe.tion.......................50uthe..t corner of Weat Atlantic
Avenue and Military Trail. we.t of
wh.tley Road
Property Size................. .16.93 Acr.s
CD~nty Land U.e Pl.n...........M.MH/C (MediUN to Medium Hiqh
Density R..identi.l/Commercial
PotenU.l)
Ex1stinq City Land U.. Pl.n....C~rclal .nd 5in9l. Family
R.sidenti.l
ProPO.ed City Land Ua. Plan....Co.nerci.l .nd Low DenSity
Re.identi.l
Exhtinq County ZOning.e..e....CG (General C~rcial) and All
(Aqricultural Re.identi.l with.
.peei.l exception)
Proposed City Zoninge..e..ee...GC (General ComMercial) .nd se
(Specialized COMmercial)
Adjacent Zoninq................NOrth: County co (General
Commercial) to be City Ge.
E.st: County CO (General
Conmercial) and AI (Aqricultural
R..id.ntial) . portion to be City
GC.
SOUth: County AI.
We.t: County CO
Exi.tinq Land U.e..............V.riou.. ... page 7 ot the .taft
report.
Water Service
. . . ........... . . ..&&.lItin~l2..:. line on the ea.t
."Td. of MilrUry Trail and S" line
on the north .ide of Atlantic
Avenue. and exi.tinq 8" service
line. within the Delray Weat Plaza
site
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within Delray West Plaza from
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Atlantic Avenue at and east of
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ORDINANCE NO. 73-89
.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT;
SAID LAND BEING A PARCEL LYING IN SECTION 9,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH
STREET AND PALM TRAIL; GRANTING CONDITIONAL USE
AND SITE AND DEVELOPMENT PLAN APPROVAL WITH
CERTAIN CONDITIONS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION,
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SAD (Special Activities) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
All of a tract of land, LESS the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, County of Palm
Beach, State of Florida and more particularly
described as follows to-wit: From the quarter
section corner of the South boundary of Section
9, Township 46 South, Range 43 East, run North 0
degrees, l3 minutes, 20 seconds East, a distance
of l,746.55 feet along the quarter section line
to a point on the North boundary of Lot 6, MODEL
LAND COMPANY'S Plat of said Section 9, as
recorded in Plat Book 8, at Page 40, Palm Beach
County Public Records; thence easterly at an
angle measured from North to East 89 degrees, 23
minutes, a distance of 591.06 feet to a point;
thence in a southerly direction at an angle
measured from East to South of 96 degrees, 24
minutes, 24 seconds for a distance of 33.21 feet
to the point of beginning of this description;
thence from the point of beginning run in a
Southerly direction at an angle of l75 degrees,
06 minutes, 03 seconds, measured from North to
East to South a distance of 465.73 feet along
the East line of Palm Trail to a point in the
South boundary line of said Lot 6; thence in an
Easterly direction at an angle of 88 degrees, 30
minutes, l3 seconds measured from North to East,
along the Southern boundary of said Lot 6 a
distance of 20l.52 feet to a point of intersec-
tion with the West right-of-way line of the
Intracoastal Waterway; thence in a Northerly
direction at an angle of 98 degrees, 07 minutes,
01 seconds, measured from West to North along
the said right-of-way line a distance of 470.42
feet; thence in a Westerly direction at an angle
of 8l degrees, 52 minutes, 19 seconds, measured
from South to West a distance of 255.58 feet to
the point of beginning.
The subject property is located at the southeast
corner of N.E. 8th Street and Palm Trail. ~
i \.
'v
The above described parcel contains a 1.ll4 acre
parcel of land, more or less.
Section 2. That the uses allowed for the subject
property described in Section l, above, pursuant to Section
l73.631 of the Code of Ordinances of the City of Delray Beach,
Florida, shall be as follows:
Full service marina
In and out dry storage
Small engine repair
Sale of gas and diesel fuel
Sale of oil, ice and beverages
(non-alcoholic)
In-water dockage rental
Installation of electronics
Marine store providing sale of electronics,
outboard motors and other related marine
paraphernalia
Boat sales
Fabrication and assembly of boat
paraphernalia, subject to the following
restrictions:
(1)
That canvas tops cannot be
and fabricated at this
installed at another site;
assembled
site and
.
(2) That off-site work can be done on
boats which are regularly docked at
the marina or which have rented space
at the marina, but are temporarily
located elsewhere; and
(3) That the primary business of this
enterprise is conducted at the marina
and for boats which use dockage at
this marina.
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
site and development plans and attendant conditions as
reconunended for approval by the Planning and Zoning Board on
December ll, 1989, and as approved by the City Conunission on
December l2, 1989.
Section 4. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
inunediately upon passage on second and final reading.
7 _
-
Ord. '10. 73-89
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 19
MAY 0 R
ATTEST:
City Clerk
First Reading Novemher 14. 19R9
Second Reading
I
II
- 3 -
Ord. :-10. 73-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
FROM:
Q~J ~U~~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 12, 1989
SECOND READING OF S.A.D. ORDINANCE FOR OCEAN CITY BOATS
(A.K.A. HENRY'S MARINA)
ACTION REOUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the enacting ordinance for this S.A.D. rezoning.
As a part of this action, the Commission is approving the
list of allowable uses and the site plan.
BACKGROUND:
This item first appeared before the Commission in the form of a
rezoning from GC to SC and a conditional use application. The
Commission desired that SC zoning not be placed along the
Intercoastal Waterway and sought SAD zoning. The applicant
agreed and first reading was held on the SAD ordinance. Second
reading has awaited action by the Planning and Zoning Board on
the site plan.
The City Commission viewed a special presentation of the proposed
site plan prior to first reading of the SAD ordinance. Also, at
that time, the waivers which are associated with the project were
identified. All of those waivers are incorporated with the site
plan submission and hence the rezoning action which is inclusive
of the site plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will act upon the site plan and the
list of requested uses at its rescheduled meeting of December 11,
1989. The P&Z Staff Report will be available in the City
Manager's Office on Friday, December 8th. That report sets forth
conditions of approval relative to the site and comments on the
requested uses. The enacting ordinance contains the action
(including allowable uses) as recommended by the Planning and
Zoning Board.
RECOMMENDED ACTION:
3y motion, approval of Ordinance 73-89 on Second and final
reading based upon the findings and recommendations of the
Planning and Zoning Board. (This action includes approval of the
site plan and permitted uses)
Attachments:
site and development plan
P&Z staff report is available in the City Manager's
Office
the enacting ordinance will be available after the P&Z
Board meeting
DJK/#56:CCOCEANB
P~ING e ZONDNG ~ARO
~EETING DATE' OCTOBER 16, 1989
ITEII'_ CONSIDERATION OF A REZONING
.....
STAFF REPORT
AGENDA ITEI.!, IV. E.
AND CONDITIONAL USE REQUEST FOR
HENRY'S MARINA
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GENERAL DATA:
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WSA 64~.O ;
(0.10.7, P,'''2):
OWner.......................... .Charles lfill
Agent.......................... .Joseph Graham
Location........................Southeast corner of N.E. 8th
Street and Palm Trail.
Property Size...................l.ll4 Acres (48,525.8 sq.ft.)
Existing Land Use Plan..........C (Commercial)
Proposed Land Use Plan..........General Commercial
(Comprehensive Plan)
Existing Zoning.................GC (General Commercial)
SAi:>
Proposed Zoning................:JitC (ape~i]llizQQ Coftbu~roial)
Adjacent Zoning.................North of the subject property is
zoned GC and RM-lO (Multiple-
Family Dwelling District). South
and east is zoned RM-lO. West is
zoned R-lAA (Single-Family
Dwelling District).
Existing Land Use...............Marina, boat storage and service,
one two-story C.B.S. building and
two one-story C.B.S. buildings.
Proposed Land Use............. ..Boat sales and detailing in
addition to the eXisting marina
uses.
Water Service.................. .Existing on-site
Sewer Service. ..................Existing on-site
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,
AN OPDINANICE OF' THE ':!TY ':OMMISS!ON OF THE CITY OF
DELAA'l BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS-
TRATION", CHAPTER 36, "FINANCE; CIT'i PROPERT'i
TRAN~ACTIONS", ':'F THE CODE OF ORDINANCES OF THE CIT'i
OF DELRA'l BEACH. FLORIDA, BY ENACTING A NEW SUBHEAD-
ING, "CHANGE ORDERS AND CONTRACT MODIFICATIONS", TO
INCLUDE SECTIONS 36.10 TlffiOUGH 36.14; PROVIDING FOR
THE PURPOSE OF SAID SECTIONS; PROVIDING DEFINITIONS;
PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS
TO PURCHASE ORDERS FOR NON-CONSTRUCTION CONTRACTS;
PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS
TO CONSTRUCTION CONTRACTS; PROVIDING FOR INTERNAL
PROCEDURES AND FOR THE PROCESSING OF CHANGE ORDE1l.S;
PROVIDING A SAV1NG CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CIT'i COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby ,amended by
enacting a new Subheading, "Change ,Orders and Contract Modifications",
to include Sections 36.10 through 36.14 to read as ~~llOWS:
CHANGE ORDERS AND CONTRACT MODIFICATIONS
Section 36.10 Purpose.
The purpose of this subchapter is to establish responsibili-
ties and to implement procedures to be followed when change orders
are needed to purchase Qrders and/or modifications are needed to
contacts.
Section 36.11 Definition:
(a) Change Order - A wl'itten order or agreement signed and
issued by the City, directing the vendor or contrac.tor to make
Changes to the purcha5e of supplies, equipment, services or con-
struction.
(n) Contract Modification - Any written alteration in speci-
fications, delivery point, rate of delivery, periOd of performance,
price, quantity, or other provisions of any contract accompliShed
by m\ltual action of the partiefi to the contract.
Section 36.12 Change Orders or Contract Modification;
Non-Construction
All Changes ':0 non-construction purcbase orders or contracts
shall be by issuance of a Change order and/or contract modifi-
cation. Except ~s otherwise provided in this subchapter, the
Purchasing Director may issue, subject to approval of the City
lj'
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r~,:!"g', ",' ~,'~..:';t.r),' It!ange Ot"deJ:'i and/or contra
IT'~jLf~'-::.;;.~i.:;i~~ '"".,-., ""''')r'''-~t" r.\rr"r" ~rnlsSl"'n- d .
- "..,." - ~" 'J' . J S, or iscrepancl
ill CUll er"j.' " j'::''':'''~12:.:S; ::::'/~r acceptable overruns and freig
costs; L!'lc;or?or<,~'C rvpirements to expand or reduce the sca
of good", .1~' s<;>rvic0s CJ,':ierecl; or to direct other changes
';ontril,.. "l!'~el:J.'lforeseen field, regulatory
m3rket ~o"di~i~~s. '~2rc =hanges will not exceed SlO,oOO.
contract
approval
I d) ilherc;:;d I)':';
t.o:::~l ')'Jer $~r:I/J':,o,r')-JI
elf the r.i~/ IC,;mrnissi::ll1.
J ~ 1._ ....lL'l. ease the purchase order
,":2 :":J ~hasing Director shall have t:
Se~tion 36.13 Chan e Orders or Contract MOdifications.
Construction Contracts
Approval ~f =onst.cuction (:..:>ntract change orders or contrac
modifications shall be as follows:
(A) A :hangE- order or contract modification of SlO,OOO c
less shall be initiated by a Department Head and the Cit
Engineer or out~ide Engineer subject to City Manager lor hi
Designee's) approv.l.
(1) City Comrr,ission approval is required when tr.
::umulative total of change Qr,ders and/or contrac
modifications exceeds SlO,OOO/for anyone contract.
(B) A change order and/or contract modification in an &moun
aver $10,000, or involving an extension of time, mus'
have City Commission approval.
Section 36.14 Internal Procedures and Processes
A Change Order to a PurChase Order is handled in much the sam.
way as the issuance 0f ~ PurChase Order. The department requestin<
the Change Order shall submit to the Purchasing Department a chang.
order request on a requJsition indicating the reason for th.
changes, i.e., increase in quantity, addition of items, etc
Change Order requests that list a price change with no explanatiol
for the increase or decrease will be returned to the originator.
Change Orders ',Jill not be issued when changes are of al
insignificant nature fless than $25) such that no written notifica-
tion i.os needed.
. Secti"n 2. 'chat should any portlon, paragraph, sentence, 01
word Qf this amendment be d~clared by a court of competent jurisdictior
to be invalid, such jecl.'1on shall not effect the validity of the
remainder hereof 3.S ii whole')r part thereof, other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be thO! same and are hereby repealed.
Section 4. ':'his ordinanc'.l shall become effective ten (lO)
days after passage upon second and final reading.
:'1
ORD. NO.
"
~
,.'
....~\.~ -- x:.-::
-
PASSED A.'lD
reading on this
~DOPTED ln r ,"gular session on
jay of
f,ccond and final
,19_
MAY 0 R
l\TTEST:
City Clerk
First Reading
,
i i
,
')f(:;), N'':'.
[ITY DF DELAAY BEA[H
100 NW. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and Commission
FROM: ~obert A. Barcinski, Asst. City Manager/Management Services
SUBJECT: CHANGE ORDERS AND CONTRACT MODIFICATIONS ORDINANCE (76-89)
DATE: November 22, 1989
This ordinance incorporates previous administrative policies into a
standard for Change Orders and contract modifications
processing. The City Manager is designated as the approval authority
on all Change Orders or contract modifications under the amount of
$10,000. For Change Orders and contract modifications over $10,000 and
requests for extension of time, Commission approval will be required.
Additionally, change orders of an insignificant nature (less than $25)
will not be required to be in writing.
RAB:cl
THE EFFORT ALWAYS MATTERS
(:~.:- :NAN~E 'l'J. 78-89
,
AN ORDTNA}lCE ')~ '!'P.E CITY C01-lMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS-
TRATION", CHAPTER 34, "ELECTIONS", SUBHEADING,
"QUALH'ICATIONS FOR CANDIDACY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENT\ING SECTION ; ~ .l6, "FILING OF NOMINATING
PET1:7T.r.~:" , '~:D SECTION 34.17, "PROCEDURE AFTER
FILING", TO PR0';:mE FOR QUALIFICATIONS AND TIME
FRAMES FOR QUALIFYING FOR SPECIAL ELECTI.ONS TO FILL
V~Ci\NCIES CREATF~ PURSU~ ~ FLORIDA STA~JTES
SECTION lOO.35:', "MUNICIPAL RECALL", PROVIDING A
SAVING C~AUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING i\N EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 100.361 (2), Recall
Election provides that a Circuit Court Jlldge shall fix a day for hOlding
a recall election for the removal of those Commission members not
reSigning.
WHERF..AS, Florida Statutes Section 100.361 (4) (A) Fillinq of
Vacancies; Special Elections, requires that "if an election is held for
the recall of Commission members, elected at-large, candidates to
succeed them for the unexpired terms shall be voted upon at the same
election and shall be elected in the same manner as provided by the
appropriate law for the election of candidates at general elections".
WHEREAS, Florida Statutes does not provide qualifying time
limits for the filling of vacanc.ies created by recall of member(s)
elected at-large.
WHEREAS,. the City Commission desires to provide for qualifica-
tions and time frames for filing for vacancies which may occur as a
result of a municipal recall.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, 1>.5 FOLLOWS:
Section 1. That Title III, "Administration", Chapter 34,
"Elections", subheading, "Qualifications for Candidacy", of the Code of
Ordinances of the City of Delray Beach, Florida be and the same is
hereby amended, by amending Section 34.16, "Filing of Nominating
Petition", to read as follows:
SECTION 34.16 FILING OF NOMINATING PETITI.ON
To ;zualify as a car.didate for election, the candidate
must fi.le with the City Clerk, no earlier than noon on the
last Tuesday in January nor later than noon on the second
Tuesday in February of the calendar year in which the election
is to be held, or to qualify as a candidate in a special
recall election called for the purtlQse of fillinq a
vacancv(ies) pursuant to Florida Statutes Section lOO.361, the
candidate must file with the City Clerk, no earlier than 8:00
a.m. two days after the Circuit Court Judge, pursuant to
Florida Statutes Section 100.361(2), has set the date for the
special recall election and no later than 5:00 p.m. on the
eiqhth day after the ;udc;re has set the date for the special
recall election, the following:
/0
A. '.1) A ~lat,"lOE'nt in writing under oath stating that the
nominee is:
IJJ Qualified as an elector in the city.
qua li fyi ng.
ILl A ~"nd~date for the office for '..,hich he is
(2) :;ik ilCtmeS :Jf all candidates and the office for which
they hC:.'/p. f Lled shall be received by the Supervisor of Elections
fr.nm the Ciry Clerk. b:! 'i: 00 p.'11. on the first Friday after the
close 0f qualifying, or in the event of special recall election by
5:00 .m. on the da fol:owin the close of alif in exce t that
if said da falls on a Saturda Sunda or Uolida the Cit Clerk
shall transmit the n~es ~f all candidates and the office for which
they have filed on the next workinQ day.
S. ( l) A petl tion signed >;'7 the electors of the ci ty not
less in number ~han l\ of the registered voters of the =ity as
de~ermined on ,January 1 of the year of the election and
payment ~f $25 to cover the cost of validating the signature
on the petition.
( 2) (a) The petition required by division (B) (1) ':::>f
this section shall be on a form prescribed by the City Clerk
which shall not be released nor distributed by the City Clerk
until December 1 at 8:00 a.m. ill ~he month of Decem:t:er preced-
ing the month of qualification, or in the case of a special
recall election at 8:00 a.m. on the dav after the Circuit
Court Judge, pursuant to Florida Statutes Section 100.361(2),
has set 'the date for the special recall election unless that
date falls on a weekend or holiday, in which case a petition
may be obtalned on the next regular working day.
(b) Signatures may be obtained on the petition
between the time the City Clerk is authorized to release and
distribute the petition and the deadline for qualifications.
The si:matllres '::> a '1:Jminating petition need not all be
affixed to O.le paper, but to each separate paper of a petition
there shall be attached an affidavit executed by its circula-
tCjT stating the number of signp.rs of the paper, that each
signature on it WaS affixed in his presence, and that he
believes each signature to be the genuine signature of "he
person whose name it purports to be. The signatures shall be
executed in ink or indelible pencil. Each signer shall
indicate next to hi,s signature the date of his signing, the
place of his residence, and his precinct number.
(c) A statement in writing under oath stating that
the candidate for the office of the Mayor or for the office of
any r:i ty Commiss \ -:In seat was a resident of the city who has
b~come an elector of the city on or before September 1 preced-
ing the regular or special city election for which that
candidate is qualifying.
Section 2. That Title III,
"Elections", Subheading, "Qualifications
Ordinances of the City of Delray Beach,
"Administration", Chapter 34,
for Candidacy", of the Code of
Florida, be and same is hereby
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amended by amending Section 34.17. "Procedure After Filing", to read as
follows:
SECTION ,1.17 PROCEDURE AFTER FILING.
within five days or in the case of a special recall
e1action the: fol1:O','ii;-,q day after the City Clerk receives
-~r:!..fi::..tion f:ol!l the Supervisor of Elections, a~l!el:' -l!'!\e
HHl'I~ - ,.E -= 'i'lelllin4l!%l1g -l'e t.i: Heft7 the City Clerk shall notify
~b~ :andidate and '~h.a person who filed the petition whether or
not i.t. satisfie;; the requirements prescribed by this
subchapter. If a petition is found insufficient, the City
Clerk. shall return it lllUllediately to the person who filed it,
with a statement certifying wherein it is insufficient.
Within "he !'egular time for filing petitions a new petition
may bt! filed for the same candidate together with the payment
of another $25. The City Clerk shall keep on file all
petitions found sufficient at least 110til the expiration of
the term for which the candidates are nominated in those
petitions.
Section 3. That should any sect,ion or provision of this
ordinance or any portiun ~hereof, 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 remai,nder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND MlOPTED in regular session
reading on this the day of
on second i'lnd
. 1989.
final
I'] A Y 0 R
ATTEST:
City Clerk
F~rst Reading
Second Reading
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ORD . NO . 78-89
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
-' II! S.I 1,( STRIT r. SLIT! ~ 01 L R \ \ III \Clf. I I O]{Il).\ "~,,,;
.+ll"' ~..U_7I1lJ!I II LI (OPJ1I< ~II~ 2-x-+"~~
MEMOflA~DtJl\'
~ate:
0etober 19,1989
To:
rit~T rornmi~si('r ~
\;elcolm 'T'. "ire!, Interim Cit" M8pa~p.r '(
From: Hprhert 11'. A. Tl1ieJp, (,ity f. ttorpey
f-tlhjpct: Propospr' OrcHl1P)"cP for 0ua1ificntion Ppriod for Ppcnll l']pctiops
f..s WP. steter tn ~'Qtl i!1 otlr prp"iolls memoranda, thp. Florida ftatutes <1pa]ipf'"
v.;th the su')ject of munici!,,21 recall do "ot proviop for any specificatioT's as to
ouplifvin~ pprioGs for c2ndir'rtes to fill v2eRncips that mip-l1t be created lw p
recal~ P]P.Cti0!1..
":hile ~ 1 00. 3GH 4) (1:>)
thp Cl1ief hldfe jn
cornpllrabl(' nrovi.sio!1
C~_t'T n~ np~r~Y p pf'!.~h
orrvidp.s that stlcll qualifyinP.'
instancps of elections from
jT' ~JOO.361(4)(a) for at-lnrp'e
,"ould hp rpquirpd to ha"e.
perioe's '''0t,ld he spt
QiRtri~t,~. thpre IB
tvpe p.]pctions JjlrP
h'~
nr
thp
For this rpason, rl1c sirre thp curreT't recaH effort hilS pow heen cOT'cludec',
we r.rp herpby recommenc'ipr: thllt the City Commission consider adopt;""., for
futurp. refer"nce. thp attachp(l ordinRnc" which would spt forth '1ulllif~'i"p'
periocls and otl1er details in the instance of an election to fill unexpirerl tprms
causec' n" reca!l ejections of City Commission members.
If YCll hp"p any Questions or would like to discu"",,, this matter further, r>!""SP
cC'ptact the City Attorney's Offiep.
~
~T:iw
A ttachmpnt
ORDINANCE NO. 83-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
52-84 BY AMENDING SECTION 2 (a) TO ADD "VETERI-
NARY CLINIC", SUBJECT TO CERTAIN RESTRICTIONS,
AS AN ADDITIONAL CONDITIONAL USE WHICH IS
PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission in Ordinance No. 52-84
zoned the property known as Linton Square, located at the north-
east corner of Linton Boulevard and Congress Avenue, to the SAD
(Special Activities) District and approved conditional uses and a
site and development plan subject to conditions; and,
WHEREAS, Section 2(a) of Ordinance No. 52-84 set forth
the list of conditional uses to be permitted within this SAD
(Special Activities) District; and,
WHEREAS, the Ci ty Commission, pursuant to Ci ty ordi-
nances, wishes to add an additional conditional use to be permit-
ted within this SAD (Special Activities) District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Ordinance No. 52-84, Section 2(a), is
hereby amended to read as follows:
(a) The only conditional uses to be permitted
hereunder are as follows:
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Antiques
Appliances, including service
Art galleries, supplies, and crafts
Auctions
Automotive parts
Bakeries
Barbershops
Bath shops
Beauty shops
Bicycle sales and service
Bookstores
Business machines, including service
Business offices
Butcher shops
Carpets and floor coverings
Caterers
Cheese shops
Cocktail lounges, bars, and package liquor
stores, subject to the restrictions set
forth in Chapter ll3 of the Code
Communication and transmission facilities
Community center facilities
Confectioneries
Cosmetics
Delicatessens
Department stores
Draperies and slipcovers
Drugstores
Dry cleaning, limited to 1,500 sq.ft.,
customer pick-up only
Dry cleaning pick-up stations
Electrical fixtures and supplies
Electronic equipment, including service
Exercise facilities
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Financial institutions, including drive-in
facilities
Fish markets
Florists
Food stores
Fruit and vegetable markets
Garden supplies and plants
Gift shops
Glass and glazing shops
Hardware, including paint and wallpaper
Health foods
Hearing aids
Hobby shops
Home furnishings
Ice cream parlors
Import shops
Interior decorator shops
Jewelers
Laundry pick-up stations
Leather goods
Libraries
Luggage
Medical and dental clinics, subject to
requirements and restrictions set forth in
Code Section 30-l(17)
Medical and surgical equipment
Museums
Music shops
Nautical supplies
Newsstands
Office furniture, equipment and supplies
Optical equipment
Pet grooming
Pet shops
Photographic equipment and supplies
Photographic studios
Printing and publishing
Professional offices
Recreation establishments, including
bowling lanes, gymnasiums, health spas,
miniature golf courses, and skating rinks
Repair shops, small items
Restaurants and snack shops, excluding
drive-in, drive-thru and fast food
Sewing supplies
Sporting goods
Stationery
Tailoring
Theaters, excluding drive-in
Tobacconist
Toy shops
Variety stores
Veterinary clinic, for emergency animal
care onl , hours of service from 6:00 P.M.
to 8:00 A.M., no on-s te disposal 0
carcasses, and rovidin overni ht accom-
mo at10n 0 at ents s or me 1ca treat-
ment only, but exclud1nq board nq
facilities, and lroViding that hazardous
wastes must be d sposed of in a manner to
be approved by the Palm Beach County
Health Department
Wearing apparel and accessories for men,
women and children
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Ord. \0. 83-89
Section 2. 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 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
ten (lO) days after passage on second and final reading.
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PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAY 0 R
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ATTEST:
City Clerk
First Reading
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Second Reading
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Ord. :-.10. 83-89
C I T Y
COM MIS S ION. D d CUM E N TAT ION
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~", '- 1'.' .0~-.r2.~c.Z
VIA: FRANK R. SPENCE, DIRECTOR
VELOPMENT SERVICES GROUP
-J1!m~
ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 28, 1989
AMENDMENT TO LINTON SQUARE S.A.D. TO ADDED VETERINARY
CLINIC AS AN ALLOWABLE USE
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will add the
use of "veterinary clinic" to the allowable uses in the
Linton Square S.A.D.
Linton Square is the shopping center located in northeast
corner of Congress Avenue and Linton Boulevard.
BACKGROUND:
The Linton Square S.A.D. was established by Ordinance 52-84. The
reason for being an S.A.D. was apparently to accommodate retail
development on property designated for Industrial use on the Land
Use Plan and to control usage. The use of "veterinary clinic"
was one of the uses originally excluded from the site.
Dr. Michael Posner has requested that he be allowed to establish
an after-hours, emergency veterinary service within the center.
Thus, it became necessary to process a formal amendment to this
S.A.D.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this item
on November 20th. During the course of the hearing, the extent
of the use was discussed and established. The Board then
forwarded the item with a unanimous recommendation of approval.
RECOMMENDED ACTION:
By motion, approval of the enacting ordinance on first reading
and set a public hearing date for December l2, 1989.
Attachment:
cover sheet from the P&Z staff report
ordinance by others
a full staff report is available in the City Manager's
Off ice
REF/DJK* 55/CCVET. TXT
PL~NING 8
CITY OF OELRRY
ZUNING BOARD
BEACH
STAFF REPORT
MEET rNG rnTE:
AG~ ITEM:
zo
NOVEMBER II. 1989
III. A
CONSIDERATION OF AN ~~ENDMENT TO THE LINTON SQUARE SAD TO ACCOMODAIE A VEIERINARY
ITEM: CLINIC AT THE NORTHEAST CORNER OF LINTON BLVD. AND CONGRESS AVE.
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GENERAL DATA:
Owner.... ..................... .,State of wisconsin Investment
Board
Agent...................... .....David L. Carpenter
Wallace Engineers , Planners
Location................. .......Northeast corner of Linton Blvd.
and Congress Ave.
Proper~y Size.. ........... ......9.4 Acres
EXi.~inq Land Vse Plan..........I (Industriall
Proposed Land Vse PI.n..........General Commercial
(Comprehensive ~lanl
Existinq Zoninq............... ..SAD ISpecia1 Actlvities Dis~rlctl
Adjacen~ Zoning........... ......North and south of the suo)ect
property is zoned LI ILlqht
Industrial). West ~s zoned SAD,
RM-15 (Multiple-Family Dwe11~nq
Distrlct) and R-1A (Sinqle-faml1y
Dwellinq Distrlct I. East of the
subject property is the Seaboard
Coastline Railroad and 1-95.
Existing Land Use...... '" ......Vacant bay 1n the LlntOn Square
shopping center.
Proposed Land Use.... ..... ......Veterinary cllnlc to occupy tne
vacant bay
Water Service.................. .Existlng on-slte
Sewer Servlce........... ........Existing on-SIte
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ORDINANCE NO. 84-89
.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY
DWELLING) DISTRICT IN RO (RESIDENTIAL OFFICE)
DISTRICT; SAID LAND BEING LOTS 13 AND l4, BLOCK
6, A TLANTIC GARDENS, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 63 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI-
DA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER
OF S.W. 11TH AVENUE AND S.W. lST STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1983"; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the RO (Residential Office) District as defined in Chapter l73
of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
Lots 13 and 14, Block 6, ATLANTIC GARDENS,
according to the Plat thereof as recorded in
Plat Book 14 at Page 63 of the Public Records of
Palm Beach County, Florida.
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The subject property is located at the southwest
corner of S.W. llth Avenue and S.W. lst Street,
Delray Beach, Florida.
The above described parcel contains a 0.337 acre
parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent juriSdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
J3
First Reading
Second Reading
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
CJcW)J ~UQU-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER l2, 1989
FIRST READING OF REZONING ORDINANCE FOR THE DR. NORRIS
PROPERTY FROM RM-6 TO R.O.
ACTION REQUESTED OF THE COMMISSION:
The action
approval on
reading and
1990.
requested of the
first reading of
a public hearing
City Commission is that of
a rezoning ordinance. Second
will be held on January 16,
The property under consideration is located at the southwest
corner of SW lIth Avenue and SW 1st Street.
BACKGROUND:
The property under consideration received a "special exemption"
in 1971 for physician and dentist use. The site was developed for
that purpose. Subsequently the zoning code was changed and the
property rezoned to the RM-6 District which does not accommodate
the existing use. The owner wishes to obtain permission to
establish business and professional office use within the
existing structure. To do so it is necessary to rezone to an
appropriate zoning district. It is felt that the R.O. District
~s most appropriate. The P&Z Staff Report is available in the City
Manager's Office. It provides a complete analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will hold a pUblic hearing
upon the rezoning request at its rescheduled meeting of
ll, 1989. It is anticipated that a recommendation of
will be made.
and act
December
approval
RECOMMENDED ACTION:
By motion, approval
ordinance on first
recommendation of the
of Ordinance the Dr. Norris rezoning
reading based upon the findings and
Planning and Zoning Board.
Attachments:
*
*
cover sheet from the P&Z staff report
Ordinance by others
DKJ/#56:CCNORRIS
PLANN I NG 8
CITY OF OELRAY
Ze.,....ING BOARD
BEACH
- - - STAFF REPORT
MEET ING o=ITE: December 11. 1989
AGEJ'IO=I ITEM: II 1. B
CONSIDERATION OF A REZONING REQUEST FROM RM-6 TO RO FOR DR. NORRIS LOCATED
r,.~: AT THE SOUTHWEST CORNER OF S.W. 11TH AVENUE AND S.W. 1ST STREET.
25 ',. -.. "13 " .'$ 'J., ..... ---s.J!ji" "... LL!t...t .... ~
2~ n.... ~ ,., . n 2C ,~ 2C 1iII; ~ ~, '7
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,8 ";,,,:-'N' ~"-8 ~ -"Gm" 10
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:....:t ..v 14 II 2 14.2 .IIW I
~ nr 'AI, 3 ~ .J 1$ - ..J 1$ S '5 . 27 fj ~ ~5
. · . . C!:' 4 iG.. . ,. ...... III . 41 . 26 _;-
. . ~ il: 5 n 5 17;t: $ n I' 5';; I '
. ~".. 1':7 T . #0" ~. _ 176 ,.... I :
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GENERAL DATA:
OtIner...........................Virgil C. Norris
Aqent...........................Virqil C. Norris
Location........................SOuthwest corner of S.W. 11th
Avenue and S.W. 1st Street
Property Size...................14.707.15 Sq.ft. (.338 Acres)
Existing Land Us. Pl.n..........MF-6 (Multiple Family - 6 u/a)
Proposed Land Us. Pl.n..........Medium Density 5-12 du/acre
(Comprehensive Plan)
Existing Zoning.................RM-6 (Mut1ip1e-Family Dwelling
District)
Proposed Zoning.................RO (Residential Office)
Adjacent Zoning................~North. south, east and west of
the subject property are zoned
RM-6.
Existing Land Use...............Doctor.s Office
Proposed Land Use...............Existing doctor's office and an
additional professional office
(Accountants, Real Estate Broker,
Attorney. etc.).
Water Serv1ce...................Exi.tinq on-site
Sewer service...................Exi.tinq on-site
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ORDINANCE NO. 85-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 11, "BUSINESS
REGULATIONS, CHAPTER 113, "ALCOHOLIC BEVERAGES", BY
ENACTING A NEW SECTION 113.20, "DELRAY BEACH
MUNICIPAL GOLF COURSE", TO PERMIT THE CONSUMPTION OF
ALCOHOLIC BEVERAGES ON THE DELRAY BEACH MUNICIPAL
GOLF COURSE; PROVIDING A GENERAL REPEl'.LER CLAUSE;
PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 11, "Business Regulations", Chapter
113, "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended by enacting a
new Section 113.20, "Delray Beach Municipal Golf Course", to read as
follows:
Section 113.20
Delrav Beach Municipal Golf Course
Notwithstanding any other provisions of this chapter alcoholic
beverages may be consumed on the Delray Beach Municipal Golf Course
by patrons of the golf course while playing golf so long as such
alcoholic beverages were purchased from the restaurant located at
the Delray Beach Municipal Golf Course.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section I 3. That should any section or provision of this
ordinance or any /portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
passage on second~nd final reading.
PASSED AND ADOPTED in regular session
reading on this the day of
on second and
, 1989.
final
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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[ITY DF DELRAY BEAtH
_ . .>.::.. ':-2444
...lC7 =43T)()':
MEMORANDUM
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: CONSUMPTION OF ALCOHOLIC BEVERAGES - MUNICIPAL GOLF COURSE
DATE: December 8, 1989
I have been advised by the City Attorney's Office of a need to amend
the City Ordinances concerning the consumption of alcoholic beverages
on the Municipal Golf Course premises. The existing liquor license
allows for the sale of alcoholic beverages off premises. This permits
the restaurant to sell alcoholic beverages which can be taken on the
course for consumption. However, City code prohibits the consumption
of alcoholic beverages on public property. The City Attorney's Office
has prepared an ordinance for Commission consideration.
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ORDINANCE NO. 86-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", CHAPTER l73, "ZONING CODE", "GC
GENERAL COMMERCIAL DISTRICT", SECTION 173.472,
"CONDITIONAL USES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING
"LAWNMOWER SALES AND SERVICE" AS A CONDITIONAL
USE IN THE GC GENERAL COMMERCIAL DISTRICT,
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "GC General Commercial District", Section l73.472,
"Conditional Uses", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Sec. l73.472 CONDITIONAL USES.
As prescribed in Sections 173.845 through l73.851, and
after the review of the application and plans
appurtenant thereto, and hearing thereon, if the
Planning and Zoning Board finds as a fact that the
proposed use or uses are consistent with good zoning
practice, not contrary to the Master Plan, and not
detrimental to the promotion of pUblic appearance,
comfort, convenience, general welfare, good order,
health, morals, prosperity, and safety of the city, the
following uses may be recommended to the Commission as
conditional uses:
Adult congregate living facilities, subject to Sec.
173.061
Alcohol and drug abuse treatment facilities, subject to
Sec. 173.062
Amusement game facilities, limi ted to such uses as
pinball, air hockey, electronic games, and other
similar coin operated games, operated only when an
attendant is on the premises
Car wash establishments
Child care and adult day care, subject to Sec. l73.063
Churches or places of worship, and their attendant
educational, recreational, and columbarium facilities
Clubs and lodge s, inc luding fraternal, recrea tional ,
and social
Communication and transmission facilities
Community center facilities
Continuing care facilities, subject to Sec. 173.064
Drive-in theaters
Flea markets
Funeral home s
'5
Gasoline stations, subject to Sec. 173.067
Hotels and motels
Lawnmower sales and service
Mobile home parks, subject to Sections l73.365 through
173.372 and Sec. 173.48l
Multiple-family projects or dwelling units. These
projects shall comply with the district regulations for
the RM-l5 District, except for setbacks and height
which shall be as specified in this District, and are
subject to site and development plan approval (see
Sections l73.865 through 173.870)
Natural resource utilities
Public utili ties
Recreational establishments, including bowling lanes,
gymnasiums, health spas, miniature golf courses, and
skating rinks
.
Resort dwelling units, subject to site and development
plan approval. These projects shall comply with the
district requirements for the RM-15 Zoning District.
Storage buildings for merchandise, when accessory to
and located on the same parcel of land as the primary
commercial use~ and provided that such storage build-
ings are not shared or leased independent of the
primary commercial use of the building
Trailer parks for sale or rental of site for occupancy
by travel trailers or motor homes as living quarters,
wherein the trailer park is owned or operated as a
unit, subject to Sections l73.480 and 173.481
Vehicle lubrication facility, limited to the changing
of oil and filters, and vehicle lUbrication, with no
mechanical work or outside storage of vehicles
Veterinary clinics, no on-site disposal of carcasses,
and providing overnight accommodation of patients is
for medical treatment only, but excluding boarding
facilities
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
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Ord. :-Jo. 86-89
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PASSED AND ADOPTED in
and final reading on this the
ATTEST:
City Clerk
First Reading
Second Reading
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session on second
, 19
day of
MAY 0 R
Ord. :-.10. 86-89
[Iry DF DELAAY BEA[H
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MEMORANDUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Robert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: CONDITION USE REQUEST - GENERAL COMMERCIAL DISTRICT (GC)
LAWN MOWER REPAIRS AND SERVICE
DATE: December 8, 1989
A request has been made to add to the list of conditional uses in the
General Commercial District - Lawn Mower Sales and Service. Commission
may wish to consider this item in conjunction with the offer to
purchase this property.
The Planning and Zoning Board will consider this request at their
December 11th Special Meeting. The board, through their authority, may
determine that this use is a like or similar use already permitted and
may rule favorably on this request. If so, there would not be a need
to revise the code with this amendment. We will provide Commission
with the Planning and Zoning Board recommendation on Tuesday night.
RAB/sfd
TeE Ecr(jl':T ALNA,'" MAT;c,'1S
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[ITY DF DELAAY BEA[H
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MEMORANDUM
TO:
Malcolm T., Bird, Interim City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: INTERLOCAL AGREEMENT - RECYCLING - SOLID WASTE AUTHORITY
DATE: December 8, 1989
Commission Action
Commission is requested to
Authority of Palm Beach
recyclables.
approve an agreement with the Solid Waste
County for the disposal of household
Backqround
A couple of months ago, Commission was requested to consider a similar
agreement. At that time, staff recommended denial in order to allow
the City to continue to collect the revenue on the sale of
recyclables. Waste Management has notified us that their market for
all recyclables has now been exhausted, and they have no facility to
take the recyclables to. Waste Management must now take all
recyclables to the County Solid Waste Authority. The agreement with
S.W.A. is needed in order to permit the delivery of our recyclables to
the Solid Waste Authority. Waste Management has agreed to reduce our
monthly charge by $0.05 per unit because they will no longer have to
sort at curbside. An ordinance change will be prepared for the
January agendas to formally reduce the charge.
Recommendation
Staff recommends approval of the interlocal agreement with the Solid
Waste Authority for the disposal of recyclables.
RAB/sfd
T"c E '~,~'fF A,.'iAY; MATTERS
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. INTERLOCAL AGRBBMBNT FOR MUNICIPAL RECYCLING
THIS AGREEMENT made and .n~.r.d into this _____ day of
1989, by and between the SOLID WASTE AUTH,ORITY OF
PALM BEACH COUNTY, an independent .pecial district created
pursuant ~o Chapter 75-473, Laws of Florida, as amended,
hereinafter called "Authority", and the CITY OF DELRAY BEACH, a
municipal corporation, chartered and organized ~n accordance with
the laws of the State of Florida, hereinafter called "City", for
e municipal recycling program and act.1vit.1es .1n accordance with
Chapter 403, Part IV, Fla. Stat.
WIT N B SSE T H:
WHERBAS, the Authori~y has b.en empowered by law and through
interlocel agreement to carry out the powers, obligations and
requirements in Palm Beach County, Florida, prescribed to 8
"county" pursuant to the proviS.1cns ,of Chapter 403, Part IV, Fla.
Stat.: and
WHEREAS, Chapter 403, Fla. Stat. makes the Authority
responSible for, initiating recycling programs and insuring
municipal inVOlvement: and
WHEREAS, Chapter 403, Fla. Stat. encourages the Authority to
enter into interlocal agreements with municipalities to establish
recycling programs and carry out reCYCling activities; and
WHEREAS, City desires to work in cOOperation with the
Authority to establish a municipal recycling program toward
achievement of the State reCYCling goal and the requirements of
Chapter 403, Part IV, Fla. Stat.
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises hereinafter containe~ to be kept and
performed by the parties hereto, and for the mutual benefit of
the City and the Authority, it is agreed as follows:
1. City has entered into a contract for the collection and
hauling of ReCYClable Materiale (as defined in paragraph 8) with
a private collection and haUling company authorized to make such
collections within the City's jurisdiction.
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2. The City shall record, collect and assemble all data
necessary for reporting on behalf of City in compliance with the
Authority's countywide recycling plan for Palm Beach County,
Florida, and other applica~le state and local law.
3. City shall promptly provide to the Authority certified
copies Of any and all recycling ordinances passed or adopted by
the City now or in the future.
4. Curbside service Area. This provision applies only to
units receiving curbside solid waste collection service (Curbside
Uni ts) . The collector shall collect ReCYClable Materials from
Curbside Uni t's wi thin the City. Ci ty provided promotion
materials will be distributed, informing the residents as to when
and how tha materials will be COllected. No residents will be
deleted from a route list because ot infrequent participation,
unless it is determined that the curbside recycling plan is not
feasible in a partiCUlar curbside solid waste collection service
area.
5. Collection Schedule. The collection schedUle shall have
a frequency of once per week per each Curbside Unit and shall be
made on a day as determined by the City.
6. Point of Collection. Collection shall be at curbside,
or within the public right-ot-way adjacent to the paved roadway,
or in the same location as designated for garbage/refuse
collection.
7.
Data Collection.
The collector shall COllect the
following data each day for each route and collection crew:
A. Total number of households on each
route.
B. Number of households setting out any or
all materials.
C. Collection hours.
D. Route miles.
E. ,Date.
This data shall be submitted in a monthly
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report submitted to the Authority by the 10th
day of the month fOllOwing the end of each
reporting period. Data sheets ehall be
available from the Authority on request. All
data and program information shall be retained
for the period Of the agreement. The
Authority has the right to request any
addi tional collection or contract related
information from the City as may be required
for the program.
8. Collection of Source-separated ReCYClable Material.
Individual reSidents/homeowners shall b. [required'or encouraged]
by the City to separate tt>.eir 801id waste into recyclables and
non-recyclables. Each Curbside Unit will receive a reusable
container into which Recyclable Material will be deposited.
Initially Recyclable Materials shall mean green glass, brown
glass, clear glass, aluminum cans, plastic milk bottle., plastic
beverage containers and hou.ehold batteries which will all be
deposited into this one reusable container. Newspapers Will be
bagged and placed on top or along8ide of the reusable container
or as otherwise designated by the [City/Authority]. The
aforementioned materials shall be prepared for COllection in
accordance with processing standards in paragraphs A through F
below:
A. Glass- rinsed whole bottle. and jars, shall not include
cooking ware, plate glass, safety glass, light bulbs,
ceramics and non-glass materials. Caps, lids, and any
type of top must be removed from the bottles. LabelS
may remain on the bottles, but bottles will be empty,
rinsed, dry and unbroken.
B. Aluminum- Aluminum cans (beverage) and containers (pet
food, tuna, etc.) shall be empty, rinsed and dry.
C. Plastic Beverage Conta1nere- Milk jug type containers
(HDPE), and soft drink bottles (PET)~ empty, rinsed and
dry, with tops, caps or lids removed, are included in
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this category. No other plastic bottles or containers
are permitted, but if markets develop in the future
other plastic items may be included upon direction by
the Authority.
D. Newspapers- Shall be dry and placed in brown (kraft)
paper bags. No additional magazine or any other types
of paper are permitted.
Plastic bags may be used if
brown bags are not available.
E. Tin cans- Steel and tin-coated steel cans should not
be included because they will be removed at the
Resource Recovery Facility. But if occasional tin cans
are included, the MRF will have the ability to remove
them.
F. Household batteries- Drycell batteries only shall be
placed in the COllection container.
Wetcell
(automobile, truck, boat, etc.) type batteries shall
not be inCluded.
9. Should the state of Florida (or the Department of
Environmental Regulat1on) determine any of the above items to be
non-recyclable Or determine new ReCYClable Materials during the
term of this agreement, the Authority end the City will negot1ate
a method for terminating or modifying tnis agreement, as
appropriate.
lO,
Transportation and Eauipment.
The City shall be
responsible for having COllected Recyclable MaterialS transported
to the Author{ty' s Materials Recycling Faclli ty (MRF), transfer
station or any other site(s) designated by the Authority for
recycling (Facility). Any load of materials delivered to a
Facility contain1ng an excess of lOt residue as described in this
agreement and/or material not listed as Recyclable Material are
unacceptable and shall be handled as set out in paragraph 13
hereafter.
The Authority shall receive and dispose of all
Recyclable Materials delivered by or on behalf of the City, at no
charge to the City, except for unacceptable loads as described
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above.
Collection equipment must be of a type to provide for
rear unloading and be oompartmentalized (or separate vehicles).
11. Improperly Prepared ReCYClable Materials. When a
oollector's crew encounters improperly prepared material or non-
recyclable items, they must follow this prooedure:
A. The oOlleotor shall pickup all Reoyolable Materials
exoept those contaminated by putrescible or those whioh
oannot be conveniently retrieved from the reusable
container. Improperly sorted materials or contaminated
materials will be left :l.n the reusable containers or
temporarily removed and returned to the reusable
container. The collector shall leave an Authority and
City Spproved form in the container. The form will
notify the resident that material has not been properly
sorted, and provide information on how to contact the
Authority'S/City's recycling coordinator for further
information.
B. It shall be the responeibility of the
Authority's/City's recYCling coordinator to contact
residents who repeatedly place improperly Sorted
materials at the curb or encourage them to properly
Bort'materials.
12. Compliance with Zoning Ordinances. 'Any transfer and/or
storage of Recyclable Materials shall be undertaken in 8 location
suitable and adequate for such activity and shall comply with all
local zoning ordinances and any other applicable local and state
statutes, ordinances and regulations.
13 Unacceptable Materials. Cri teria shall be established
for acceptance of loeds deemec1 suitable for processin~ at the
Authori ty P'acili ties. For the :first few months of the program,
when the COllector enters the P'acility with a load, it will be
dumped on the tipping floor and 8ortec1 with the use of a front.
end loader. If the load contains in excess of lOt residue,
(meaning paper other than newBpaper, dirty cans or bottles, or
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items not "listed as recyclable. by the Authority), the Facility
will not accept these materials ~or recycling. If the problem
persists future loads will be inspected before dumping ,and, if
unacceptable, will be rejected. It will then be the
responSibility of the collector to dispose of such contaminated
recyclables in a suitable manner. Prior to adopting the
countywide disposal assessment program the cost of disposing of
unacceptable loads will be a cost to the City.
14. Promotion and Education Responsibilities. The
Authority and City shall participate in promotion ana education
e~fortB 88 outlined below:
A. The City shall at least once a year distribute notice
of service availability to each targeted household
during the first year and up to two notice
distributions in subsequent years.
B. The COllector shall distribute notices of improperly
prepared materials, o~ COllection schedule changes, of
unacceptable materials or any other pertinent
information to residents as required.
C. The collector shall require employees to deal
courteously with customers on the telephone and on-
route to promote the collection service and explain
proper material preparation.
D. The Author1ty shall be availability to participate in
promoting the collection service at area fairs,
neighborhOOd association programs, or other communi ty
events.
E. The Authority Shall be available to give advice to the
Ci ty on promotion and edUCation material content and
pre.entation.
F. The City shall be responsible for the development,
printing, an~ 8upplying of promotion and education
materials.
15. City shall maintain aCcurate records of all
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expen~itures of grant funds in accordance with state grant
guidelines and shall make these available to the Authority anO
.DER as provided in Chapter 17-716.430, F.A.C.
16. The City agrees that it shall require that all
ReCYClable Materials separated from the normal waste stream that
are COllected by or on behalf of the City shall be delivered to
an Authority's Facility.
The City will take such action as is
nece..ary to insure against and prevent acavenging anO
unauthorized removal of such recyclables within the jurisdiction
of the City.
17. City and Authority further agree to expand the scope of
recycling aervices to include such other areas ae multi-family
residential units and commercial units at such time as the
parties agree it is appropriate or as required by law, and the
parties hereto agree to use good-faith effort to reach agreeable
terms to provide such additional services as required.
18. The term of this agreement shall begin on
December 1, 1989, and continue through and including September
30, 1995.
Each contract year ahall end on September 30.
..
Thereafter, this Agreement shall be automatically renewed for
one-year terms unless either party gives the other party a
written notice of intent to not renew at least ninety (90) days
before the date of next termination.
Notwittlstand1ng
termination, any rights or duties imposed by law shall remain in
effect.
19. This agreement may be modified only by the mutual
written consent of both parties.
20. In the event of a change in law that abrogates or
modifies any proviSion or application of this agreement, the
partiee hereto agree to enter into good faith negotiations and
use their best efforts to reach a mutually acceptable
modification of this agreement.
21. All formal notic.. effecting the provisions of this
agreement shall be delivered in peraon or be sent by registered
or certified mail to the individual designated below, until such
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time as either party furnish.. the other party written
instructions to contact another in~ividual:
For Authority:
Soli~ Waste Authority of palm Beach County
5114 Okeechobee Blv~., Suite 2-C
West Palm Beach, FL 334517
Attention: Executive Director
For the City:
City of Delray Beach
100 N.W. First Avenue
Oelray Beach, FL 33444
Attention: City Manager
22. De.ignation of ReCYCling Coordinator. The City an~ the
Authority shall each designate an individual in its regular
employ to be the recycling coordinator. Such individual will be
the contact person for the Authority or the City to contact each
other and for residents participating in the program to contact.
Such indivi~ual will also be available to participate in/or
COordinate jointly sponsored e~ucational, promotional, and
related pre.entations.
23. If any clause, section or provision of this agreement
shall be declared to be unconstitutional,
invali~ or
unenforceable for any cau.e or rea.on, or is abrogated or negated
by a change in law, the same shall be eliminated from this
agreement, and the remaining portion Of this agreement shall be
in full force and effect and ba as valid as if such invalid
portion thereof had not been incorporated herein.
IN WITNESS WHEREOF, the partie. hereto have entered into
this Agreement effective as of the day and year first above
written.
WITNESSES:
As to the Authority:
SOLID WASTB AUTHORITY OF
PALM BBACH COUNTY
By:
Timothy F. Hunt, Jr.
Executive Director
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Approved as to form and legal SUffiCiency:
By:
Authority Counsel
ATTEST:
As to the City:
CITY OF DEL RAY BEACH
By:
Town Clerk
[seal]
Approved as to fOrm and legal sufficiency:
By:
City Attorney
9
MEMORANDUM
TO:
MAYOR DOAK C~~ELL AND CITY COMMISSIONERS
FRA~S~NC , ~IREC;oR, DEVELOPMENT SERVICES
FROM:
SUBJECT:
OFFER TO PURCHASE CITY OWNED PROPERTY
DATE:
NOVEMBER 28, 1989
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Attached for your consideration is an offer to purchase the City
owned parcel on the corner of Venetian and Miramar Streets for
$450,000.
The 1988 assessed value of this property is $459,089. The City's
most recent appraisal, done on December 15, 1988, was for
$430,000. The City's advertised asking price was $474,900.
The Realtor, Dorothy A. Seversen, of Gimelstob Realty, Inc., has
presented two proposals for financing after a $10,000 deposit,
one being all cash at closing or, if the Commission desires, a
five-year first mortgage of $375,000. Commission is reminded
that the proceeds from the sale of this lot will be used to fund
the construction cost of the new Fire Station No. #2 on the
beach.
Commission is reminded that they have agreed to pay a five
percent commission to the participating selling broker. This
amounts to $22,500. Therefore, the net proceeds after payment of
commission would amount to $427,500.
If the City Commission decides to accept this offer, the next
step would be to authorize the City Attorney to develop a sales
contract with the proposed buyer.
Dorothy Seversen and I will be present to answer any questions.
FRS:kwg
Attachments
cc: Malcolm Bird, Interim City Manager
Herb Thiele, City Attorney
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REALTORIl
Gimelstob.~Better
Realty Inc. I I..... H2H!.~~@
CONTRACT FOR SALE AND PURCHASE
PARTIES.
Ci~y of np.lr~y Rp~~h
Ton Nnrt"h'tJpc::t' li'i't'cf- AUQrtu~, O~lr:il.~7 Bil:iil~l:1. Fl 3~tvt.
Steve Curie
I"Seller"'),
Of
ood
of (Phone
hereby agree that the Sellershall sell and Buyershall buy the fOllOWing reai property ("Real Property") and personal property ("Personalty") {Collectively "Propert/i
upon the fOllowing terms and conditions whiCh INClUOE the Standards for Real Estate "Transactions printed on the reverse or attached ("Standard(S)") and any addenda
I DESCRIPTION (aJ Legal desGriptlon of Real Property located ;nPalm Beach County Flonda
Lots I and II. Block D John B. Rpidf. Vil1'gp
(PH 21 Page 9, P~lrn Rp;:!rh r.nllnry PTlhl;(" Rpf"rwri<::
(b) Slreetaddress. Clly, ZIp, ollhe Property IS SE corner of Vp.np.ti~n ~ncI Mir~m~r St-rppt-~. nplr~y Rp~("n
(c) Personalty:
('Buyer").
PU"CHASE P"'CE ,Four, hundred and ,fifty thousand dollars--------, S I. 'in ,nnn nn
PAYMENT'
Upon acceptance of contract
{a) InI!lal depOSit to be held in escrow by m the amount of . $ 10.000. 00
ib) AddillOnal deQ,QSit w/in days atter acceptance to be deposited in escrow $
New
(c) SubJecttcOOJlllKlIS:ImGlI:llXDCldmongagemgood standing In favorot T,pnning: Tn,qt-it-llt-inn $
haVing an approximate present prinCipal balance at . $ 375 . 000 . 00
(d) Purchase money mortgage and note bearmg annual interest at % on terms set fonh herein, in amount at $
(e) New mortgage $
(f) Other: $
i9) Balance to close (U.S cash, LOCALLY DRAWN certified or cashier's check). subject to adjustments and prorations $ 65 . 000 . 00
III TIME FOR ACCEPTANCE: EFFECTIVE DA TE .li!hi~ er IS not executed by and delivered to all parties OR FACT OF EXECUTION communicated in Writing between
the parties on or before , the depoSlt(s} will at Buyer's option, be returned to Buyer and the offer
Withdrawn The date ot Contract ("Effective Date") III be the date when the last one 01 Buyer and Seller has signed this offer
IV FINANCING, {a) If the purChase prrce or any part of It IS tobe financed by a third party loan. thi}~~ra~ditioned on the Buyerobtalning a written commitment for
the loan Within ~ days from Effective Date, at an InIllallnterest rate not to exceedp.rp~.:!~1 :t'ngo/l;;rm 01 at least~ years: and In the prmClpal amount
of at least $ 371).000. Buyer Will make application Within 7 days trom Effective Date, and use re.asonable diligence to obtain the loan commitment and,
thereafter, to meet the terms and conditions of the commitment and to close the loan, Buyer shall pay all loan expenses. If Buyer falls to obtain the loan commitment and
promptly notifies Seller In writing, or after diligent effort tails to meet the terms and conditions of the commltmentorto waive Buyer's rights under this subparagraph within
the time stated for obtaining lhecommltment. then eIIher party may cancel the Contract and Buyer shall be relunded the deposit(s).
(b) The existing mortgage described m Paragraph II (bi above has (CHECK (1) OR (2)) (1) Q a variable interest rate OR (2))( a fixed interest rate of
li"'I,"1/..
,-'''''''- / r: % per annum. At time of title transfer some fixed mterest rates are sublect to Increase If increased, the rate shall not exceed % per annum
Seller shall. Within days from Effective Date. furnish a statement from all mortgagees stating prinCipal balances, method of payment, interest rate and
status of mortgages If Buyer has agreed 10 assume a mortgage which requires approval of Buyer by the mortgagee lor assumption, then Buyer shaH promptly obtain all
reqUired applications and will diligently complete and return them to the mortgagee, Any mortgagee chargejs) not to exceed $
shall be paid by (if not filled in. equally diVided) It the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with
the terms of the Contract or mortgagee makes a change m excess of the stated amount, Seller or Buyer may reSCind this Contract by prompt written notice to the other party
unless either elects to pay an Increase In interest rate or excess mortgagee charges
V TITLE EVIDENCE: At least -20.- days before closing date, Seller shall, at Seller'S expense, deliver to Buyer or Buyer's attorney, In accordance with Standard A
A.. IN BRQWARD, DADE, MARTIN AND OTHER LIKE STATUTE COUNTIES: ABSTRACT OF TITLE
B, IN PALM BEACH COUNTY TITLE INSU"ANCE COMMITMENT AND OWNE"S TlT6t''t'/,''t~'i:'e''Cljrgbruar 20, 1990
VI CLOSING DATE: This transaclion shall be closed and Ihe deed and other closing papers delivered on ,un:ress extended by other provisions of Contract
VII RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title sublect to: zoning, restnctions, prohibitions and other requirements imposed by governmental
authonty: restrictions and matters appearing on the plat or otherwise common to the subdiVISion: public utility easements of record (easements are to be located contiguous
to Real Property lines and not more than 10 feet In width as to the rear or front lines and 7', feet in width as to the side lines, unless otherwise specified herein); taxes for year
at clOSing and SubseQuent years; assumed mortgages and purchase money mortgages. If any: other
prOVided, thai there exists al closing no Violation of the foregOing and none of them prevents use 01 Real Property for multi-dwelline purpose(s)
VIII. OCCUPANCY: Seller warrants thai there are no parties in occupancy otherlhan Seller, but il Property is intended to be rented or occupied beyond clOSing, thefacl and
terms thereof shall be stated herein, and thetenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property al time of closing unless
otherWise stated herein, If occupancy Is 10 be delivered before clOSing, Buyer assumes all fisk of loss to Property Irom date of occupancy, shall be responsibteand liable for
maintenance from that date, and shall be deemed accepted Property in their existing condition as at time of taking occupancy unless otherwise stated herein orin a separate
writing.
IX TYPEWRITTEN OR HANDWRITTEN PROVISIONS: TypeWritten or handwnlten provisions shall control all printed prO....isions of Contract in conflict with Ihem
X INSULATION RIDER: II Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent shall be attached.
XI ASSIGNABILITY (CHECK (1) or (2)): Buyer (1)X: may aSSign OR (2) C may not assign Contract
XII SPECIAL CLAUSES: (CHECK (1) or (2)): Addenda (1) QCIS attached OR m C is not applicable
Deposit(S) under paragraph IIrecei....ed: IFOTHERTHANCASH, THEN ITS EQUIVALENT SUBJECT TO CLEARANCE: Gimels tah Realty. T n~crow Agent}
_ _ _ _ _B~ !i:~ _j.::.-.--^,,~ ,-'"'-,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY,
\ i~~{r~k14t::':e:'Y:-Ta:-;-D:-
Date SOCial Security or Tax I 0 #
(Buyer)
ACCEPTANCE OF CONTRACT AND PROFESSIONAL SERVICE FEE
C IF A liSTING AGREEMENT IS CURRENTlY IN EFFECT:
Seller agrees to pay the Broker named below, mcluding cooperating sub-agents named, according to the terms of an existing, separate listing agreement.
~llF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Selier agrees to pay the Broker named below. at time of clOSing, from the disbursements of the proceeds of the sale, compensation in theamount of (COMPLETE ONLY
ONE) ,-S-- % of gross purchase price OR $ _ ,for Broker'sservlces In effecting the sale by lindlng a Buyer ready, willing and able to purchase pursuant 10 the
foregOing COntrac!.ln the event Buyer/ails to perform and deposlt(s) IS retained, 50% thereof. but not exceedmg the Broker's lee above provided, shall be paid to the Broker,
as lull consideratiOn for Broker's services Including costs expended by Broker, and the balanceshall be paid to Seller, If the transaction shall not be closed because of refusal
or fallureot Sell.rto perform. the Sellershall pay the lee m lull to Brokeron demand In any litigatIOn arising out of the Contract concernmg the Broker's fee, the prevailing
party shall be entitled to recover reasonable attorney lees and costs
(firm name of BrOker)
~impl~t-nh Rp~l~YrTnc.
(na~e of cooperating suo-agent)
FJ.r-JJ1 L '^""-'-v
(Seller)
SOCial Security or Tax '-D, #
Date
By
(authonzed signatory)
(Seller)
Social Security or Tax 1.0 #
Date
I
Gimelstobebl?ettgfnes
Realty Inc. I I "., , Hand Gardens@
Corporate Headquarters. 7035 Beracasa Way (Corner of Powerline I::, Palrnetto Park Road)
Boca Raton, FL 33433 (407) 392,2822
.
ADDc~DUM TO SALES AGREEMENT
I~ REFEREKCE TO AGREEME~T OF SALE BETWEEN
Ste.vP. ClIriC'
PURC~,",.SER, AKD
r.it-y ('}f Dplr:=iy
SELLER, DATED
COVE"-ING THE REAL PROPERTY CmfOlONL Y KNOWN AS
Lots I and II Block 0
Tohn R. Rpid'~ Village
SE corner of Venetian & Miramar Streets. Delrav Beach. FL
THE C~DERSIG~ED PURCHASER AND SELLER HEREBY AGREE TO THE FOLLOWING:
Sllhject to satisfactory tests for soil bearin2. oerculation and any other tests
necessary for the intended use of construction of 15 units.
THE HEREIN AGREEMENT, UPON ITS EXECUTION BY BOTH PARTIES, IS HEREWITH fUillE &~
I:iTREGRAL PART OF THE AFORENE~TIONED AGREEMENT OF SALE.
DATED
~
<-.,.../'.
, .
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DATED
PURCHASER
~ ~'
- ../..-.' r;'f;'.,--
, .,.-,"- - /. '" ~
I~ PURCHASER
SELLER
SELLER
\HTNESS /j,.....<.0f ~v~::.;L~.J
AG ENT '
WITNES S
AGENT
&plum Realw,,,
10'1 SOUTHEAST SIXTH AVENUE. DELRA Y BEACH, FLORIDA 33483. (407) 272-3003. (407) 736-8088. Fax 1407) 272-3047
December 8,1989
City of De1ray Beach
This letter is to inform you that Plum Realty Inc. represents
William Bradley as our client regarding the contract to purchase the
property on the Southeast Corner Lot of Venetian and Miramar Streets,
legally as Lots 1 and 2, Block D, John B. Reid's Village (PB 21, Pg 95)
Palm Beach City Public Records.
Sincerely,
/' ,
/,'%/11, '" /' ,(
, !.'/;"
f U"
... "" '- .'
Michael K: Plum
REALTOR
/
"
/
,
(- ./:
11B
.
The
100
and tJTT T.T AM H. BRADLEY ('Bwe'
of 1009 Nassau Street. Delrav Beach. Florida 33483 <phoae 278":5278
hereby agree that the Seiter shall sell and Buyer shall buy the following real properly ("Real Propertv") and perSOnnl properly ('-PerSOl'ltlltv") Icollectively 'Prooerty') lIoon the fOliO.....
terms and conditions whICh INCLUDE tile Sl(lndards for Real Estate Tr"nS<1cllons prlntQd on the reverse or ,,!Iilcllcd ( Slill1d,lr(j(S) ) ,11)11 ;"Illy .1c!rlcr](ll1m t() IhlS Il1strunH'!111
CONTRACT FOR SALE AND PURCHASE
PAAnESf.
CITY OF DELRAY BEACH. ~
NW First Avenue. Delr~v
Flnrio;:l mlln;c-in;;l
Beac.h.. Floridi=l
~l1hdivi~ion
(Pllone
(":;"llr ~
243-7090 -
of
I.
Palm Beach
DESCRIPTION; IOlleg.11 description of Rea! Properly loenled in COllllly_ Florl{!;l
Lots 1 and 2, Block D, JOHN 8. REID'S VILLAGE, according to the Plat thereof recorded
in Plat Book 21, Page 95, of the Public Records of Palm BeaCh County, Florida.
Ib) Street address, city, ZIp, of thl~ Property is
(c) P€rsonally None
Southeast corner of Veneti~n and Hiramar Street, Delray Beach, FL
II. PURCHASE PRICE
PAYMENT:
(a) Deposit(s) to be held in escrow by City of Delrav Beach
(b) Subject to AND assumption of mortgage in good standing in 'avor of
s 474 . 900.00
in the amount ot S
10,000.00
37,490.00
427.410.00
THIS IS INTENDED TO BE A I.EGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FQRM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Approval does not constitute an opinion that any 01 the terms and conditions in this Contract ShOUld be accepted by the parties in a particular transaction Tcyms
and conditions shOuld be negotiated based upon the respective interests, ob{ectives and bargaimng positions of all interested iJcrsO(~S
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF,REALTORS.INC
"'tIT"! ffi'IlELRAY BEACH
- - - - - - - - - -
U~/f'1 Daf.
,
By.
(Seller)
Date
Social Security or Tax 10, II
Social Security or T<lX 1.0. 11
(Buyer)
Date
(Seller)
Date
Social Security or Tax 1.0. #'
Social Security or Tax 1.0. #
Deposit(S) under Paragraph 11 re'ceived: IF OTHER THAN CASH, THEN SU~ECT TO CLEARANCE.
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By;
o IF A USTING AGREEM~~.rl~~~!,REtfl'LY IN EFFECT:
Seller agrees to pay the Broker named below, Including cooperating sub-agents named, aCCOrding to the terms of an existing, separate listing agreement
~ IF NO USTlNQ AGREEMENT IS CURRE.NTLY IN EFFECT:'
.-seUer shall pay the Broker nnrT,ed"b"eiO"w, at'time CirCklSlng, from the disbursements 0' the proceeds ,of fhe sale, compensation in t~ amount 0' (COMPLETE ONLY ONEl
~ % 01 gross purchase pflce OR $ . 'or Broker's services in effecting the SDIe by finding the Buyer ready, willing and able to ourChase pursuant 10 the foregOing
Comract, If Buyer 'ails to perform ~ltld dcposil(sl is retained. 50% thereofrbul nol exceeding the Broker's fee above provided, shall be paid Broker, as lull conSideration for BrOkers
serVIces including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because 0' refusal or fal!ure 0' Seifer to oerform, Seller shall
:Jay the full lee to BrOker onde,mand, In any litlgatio.n~ng our of the Contract concerning the Broker's tee, the prevailing party shall recover reasonable attorney fees' and costs
I ' , "/ ' ,
' .'
, .
.
(Escrow Agent)
'Jy
r
(n;1me 0' COoperating sub.agenl)
(Seller)
ISellnr)
ADDENDUM TO
CONTRACT FOR SALE AND PURCHASE
SELLER:
The City of Delray Beach
BUYER:
William H. Bradley
PROPERTY DESCRIPTION:
Lots land 2, Block D, JOHN B. REID'S
VILLAGE, according to the Plat thereof
recorded in Plat Book 2l, Page 95, of the
Public Records of Palm Beach County,
Florida.
A. This Agreement and the closing hereon are subject to and
contingent upon the Buyer obtaining a satisfactory environmental
audit of the property, and replatting of the property and site
plan approvals from the Seller allowing for l5 zero lot line lots
accommodating 15 two-story residential townhouse units in a
configuration reasonably acceptable to Buyer, and to all other
approvals from City agencies and boards required preliminary to
issuance of buildinq permits for said l5 units. The Buyer and/or
Seller agree to use all due diligence to submit, follow up on
and/or process applications for such approvals, such applications
to be made at the sole cost and expense of Buyer. While Seller
shall cooperate with the Buyer in processing such applications,
it is agreed that Seller, its agencies and boards reserve the
right to disapprove of any plat, plans and applications submitted
by Buyer during the review process, without prejudice to Buyer to
resubmit amendments to resolve any conflicts; approvals or
conditional approvals, once given, may not be subsequently
revoked prior to or upon closing of this transaction. The
Seller/City and its boards and agencies may condition their
approval only on actual closing of the subject transaction. In
the event such approvals can not be obtained on or before the
closing date despite the due diligence each party agrees to use
in submitting and processing approval applications, this Contract
may he canceled by either party hereto in which case, Buyer's
deposits, and interest accrued thereon, shall be paid to Buyer.
B. All ~eposits hereunder shall be placed in an interest
bearinq escrow account in Sun Bank/South Florida, N.A., with in-
terest to be credited and/or paid to Buyer upon closing or cancel-
lation of this Contract for failure of contingency or other
permitted reason (e.q. title defects). In the event of Buyer's
default, entitling Seller to retain the deposit, Seller shall be
credited and paid such interest.
C. This transaction shall be closed lO days after resolution of
the contingencies set forth above but, in any event on or before
6 months after the Effective Date hereof, provided, however, that
if Buyer has diligently pursued resolution of contingencies,
Buver at his option, may extend the closing for up to an
ad~itional 60 days in order to obtain any approvals that, despite
Buyer's best efforts, could not be obtained within the original 6
month period.
CITY OF DELRAY BEACH
~W12
,~-~ ... J
illiam H. Badley
By:
SPINNER, DITTMAN, FEDERSPIEL a DOWLING
501 EAST ATLANTIC AVENUE DELRAY BEACH, "'LORID", 33483 . (.407) 276.2900
[ITY DF DElRAY BER[H
'.:..c _-1.4~
j,:: ).l' -')i"yj
MEMORANDUM
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: SALE OF ADULT BOOK STORE PROPERTY
DATE: December 8, 1989
We have received an offer to purchase City owned property located at
2507 North Federal Highway, in the amount of $250,000. This item is
before you to determine if the terms of the sale are acceptable to
Commission, and for Staff direction. The buyer is proposing to make a
$12,500 deposit into escrow upon acceptance of the contract, secure a
loan in the amount of $187,500 within 60 days of acceptance of the
contract and pay the balance of $50,000 upon closing, which is
tentatively set for on or before February 28, 1989. In addition, an
,addendum is attached to the contract setting forth conditions. These
conditions are as follows:
1. Buyer will only consummate this contract if the seller changes the
zoning to permit sales and service of all types of Lawn Mowers and
permit retail sales and service or other gardening equipment, when the
property is annexed into the City of Delray Beach, and further
represents to the buyer that such permitted use will remain unmodified
through the date, such property is annexed into the City of Delray
Beach. This representation shall survive closing hereof.
2. Seller will be responsible for defining all site deficiencies and
define what requirements there are to being the property up to Code for
the described business referred to above. If the cost of doing the
repairs and bringing up to code is more than 3% of the contract buyer,
at his option, has the right to cancel the contract and all Escrow
deposits returned or waive their right of cancellation.
3. Buyer has the right to do a hazardous material inspection, and if
in the event the presence of hazardous material is found, seller has
the right to clean the property to safe conditions, if the seller does
not do the clean up, buyer has the right to cancel the contract or do
the clean up.
Item 2 above raises some concerns. To bring the property
parking improvements, landscape improvements, electrical,
roof and other structural improvements will need to
up to code
plumbing,
be made.
T '-'~_ E
\
,....
IV1 A~-~~.~S
~
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.
Additionally, the City has been notified by the County Health
Department that we need to hook the facility up to City water service.
We do not have an estimate of what these improvements will cost at this
time, but anticipate that they might exceed the 3% of contract price
figure.
The issue concerning permitting the sale
will need to be addressed by either the
through a Code change.
of lawn mowers and servicing
Planning and Zoning Board or
This item has been sent to the Board of Realtors Advisory Committee for
review and comment. We anticipate receiving a response back before the
Tuesday night meeting.
The appraisal done on this property in May, 1989 estimated the value at.
$215,000. The purchase price was $250,000. The advertised asking
price is $250,000. Additionally, the Commission had agreed to pay a
five percent brokerage Commission. If this offer is acceptable to the
Commission, the net proceeds, after the payment of the commission would
be $237,500.
Recommend consideration of terms for the sale of property at 2507 North
Federal Highway, and direct Staff to advertise for public hearing.
RAB/sfd
(
,
I
.
CONTRACT FOR SALE AND PURCHf-"
PARTIES'~/~~ ;;~ ~~ iJ~A?f t!cOAl<J~ 1TTA/ /FOG~A~
of / fj~ r ~ / /1. - - / '^';/: 6: eM' h ..3"" 7''77'
and LJ H/~r'L ,.II,.. A /1. O/t...- IIc;s/ G:y-.S-
'~.".'. ,
IF'il<)Il......2 ~::j'-7/~_-/-=
8"'1'"
rr'h(II1f'~S' 9"t'.-Z 'fl(~ ':-2r:../S;-
-tl ""\"";-',"l,llly') ICGI', :,,,.'1,, PrQperly) Ll(
: I S I) ;lIlrJ ~1 n~ 'ldr]pnrJUI' I,): illS Ills!r Ij Illellt
(1f
herehy agrep tho1l the Seller sh~11 sell ,lnl! R'IYPf shnll bllY ih" '"11,,, ,I<hl I"lll'! '1""1/ ('n, :11",_" "It, lr ,) 1" r ;U<1;11 I)!',I-'-
terms nnd t:onditions which INCLUDE the Standards for fleal Estdlr> T, ,,,,,]( II In,; plll\ln j (lrllll( "", r ,f' I)r ,'It.l' I" ,I' SI,ln<J:I'
I. _ DESCRIPTION: {!l) LC'gill description 01 Real Propprty 10rT'o,' i" _ ~LI?1 ;:JC/1L~! -"';111" ~'l)lj'I'
t~~::3J: .J..6SS~, JP , f}~L/Z;y ~C/!<.., [S7/7~-'-
_<1_ tcnc 1-1' C_J _"8~(( 1<(. <:0/1.2'
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Ih)
let
Slrpet address. City, lir. of lh~ Prnpprty is
Personalty 1l.IV '"-/ A/ 61 L/
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II.
PURCHASE PRICE
PAYMENT: !? '. _ _, _ 5c4:.c/\-
(a) DepOSII(s) to be held in escrow by!Ml.lrHf:LcAII'J,1 IIt",f6ATlC:( LN,-,Llj:U,t/ /14cpr,tf,v((: 87 III the .Jmount of $
. .
(b) Subject to AND assumption of mortgage in good standil1g ill favor lIf
s
2 50, 17M , ()U
/.1, .5Do ,00
l1avil1g .'lll ''''pprDxillLl('' pU",f-!nl princrp;11 balance of $
(c) Purchase money mortgage and mortgage note bearing O1I1f1u;11 interest il' "" 0n terlllS s,__,t forth herein ill ;:JlTlounl i)~ $
Irl) Oil,", MEW /5T p(/Jn.T<!Ulo.c /'5"- /,n/l./1c/l/t;/O' LI $
(e) Balance to close {US cClsh, LOCALLY DRAWN certified ur (',lshIPI <; checkl. subjl":1 II) ,ld)ustrnl'rlts .\lld prorCltiOll5 $
III. TIME FOR ACCEPTANCE: EFFECTIVE DATE: If this offer i<; lIot executC'd by am] dr'liVfcred to all piull"'s OR FACT OF EXECUTION commlJlllGlled in writing bet\'.
on or before 1/"'<,1 iJO thf' (jf'poSIf(s) will. at Buyers option, be returned to Buyer and the 01i
The date of this Contract ('Effective Onte') will be t!lf; d:""lt0 whell tlie last 0ne of the BII\,('r Jnd the Seller hilS signed tillS offer
IV. FINANCING: (allf the purch<'lse price or 8ny pm! of It IS If) iJp fillnll'~('rl I,y a third pilrty 10,111, Illis (-'!llmct for S;]le ;1I1U Purchase ("Clntr,lct"l is conultioncd gP Ill{) 01,
obtaining a written commitment for the toan within (f?O clays from Eflectlve Datf', !'It anlllltlallnlf-'lest rate not to exceed II ',,: term of l.s
and in Il1e principal amount of $ I 5? ZJ <7tYJ. t1fJ Buyer Will nl!1ke <>pphc<ltion witllin I ~' dn'js from Effecllve D,!te. find use reasoll;iI)t<:, rJrligence 10 obtalrl H" '<'<1ll L>
mitent c\J1d, thereafter, to meet the terms and conditions of the CUnlr1l1tll1l<",nt <!(ld to close 1110 loan Buyer sllnll pay altloan '.'xpenses tl Buyer foils 10 obL1in the lonn C0' 11t'11!
promptly notifies Seller in wriling, or after rlitiQt'nt effort fails 10 IIl"lCt Ihe l"rlllS cHid conditions of the commitment or to waive Buyer's rigllts under this subparJgraph :/1111111 il)0 Iw
stated for obtaining the commitment, then either party mcoy enneef the Conlr;Jd ill1d Buyer Sh,lll be refunded th,:, deposit(s)
(bl The existing mortgage descriiJed in PQlaqraph Il{hl .1b0Vf' hilS {CflECK (11 OR 12)). (1) 0 a v<lrinble inlerpst rate OR (2) 0 .] fixed interp-st roll'! r)f
At time 01 tjtl~ transler sam!'! fixed interest ro'1tes are subJf!r;i In in("rp:""I5e. If illcreased, the mtr: shallllot exc8ed "'w per annum S,'lIl'l Shall 1'11[11111
days frr)m Effective Dille. lurnish a stf.ltement from 311 mOllg!lqr;ns sl.1ting pnncipal balances, method 01 p,wmenl, interest rClte and status of mortgQqes If Buyer h!1s aCIiP('rl:, _'/:;:1;.
a mortQi'lqe which requires 8Pf'roWtl of Buyer by lhe IrlfJrtYcKjf": fqr il,>sumption, then Buyer sllalt promptly nbtulfl all reqtlired applications and 1'1111 dillg!?ntly complete clwt rvt,r'l rl
to the mortgagee, Any mortgagee chargE'IS) not to exceccl::; ___ shall be pElid iJy lif not filled in, equally dlvldt'cJ). If the BuyPr IS 'lot :~C.C(':J"
by mortgAgee or lhe requirements for Assumption (lre not in ;lu;')rdance Wltl1 the terms of the Cor-tract or mortgagee makes a charge In execs,> of Ule stated ,JfllOurl! S('I~C--
Buyer may lcscind this Contract by prompt written notice to the othpr party unless either elects to pay ltle irwlease in interest 'LIte or excess mortg;:tq'~e Cllilrges
V. TITLE EVIDENCE: At least ~sJi\'iS hefore closinq n,lt<>, Seiter sl1!1ll. :""It Seller's I::'xperlse, dolivf:r to Buyer or Buyer's Ol!orney, in aCCClf(j;lllce with St,llldilr,l A, ICh,y~
or (2)) (1) 0 nbstract of title OR (2) Utlitle Illsumnce COIIHTIllrn'.'lll / /0 OJl..Sl.'OI!-t1,1. /1rBl-ip>- 01'.T10...,/
VI. CLOSING DATE: Tl1is tr.1nSactioll sllall be dosed arId the rl"('d .1I1{1 otll('r closing P,ll'f'!S (frliv('rrd url 1 ..2.']( to . lIl11c'ss cxtCrll]('.1 IlY "tllpr [lfovlsiull: of r;"r,tr I"
( !
VII. RESTRICTIONS: EASEMENTS: LIMITATIONS: Buyer shi111 Llk" lilli' SlItlj..,ct to lOr1in~J, fcsllictiOIlS l)r(\iHillliurIS ;lnrJ otlll'r rf'1uilemClIts illlpOSN11",' (_IIW!;Ulmenl;ll ClUtl1(" '
.:md m.lttC!S appearing on the plat or otherwise common to the ,>lIlxlivision: public utility e<lsamellts of r"CoJrd (easemenls ,ue to be 10c,Hed CUII!I(Juous to Re81 Pr,);
not more than 10 feet in Width as 10 the rear or front lil1Ps and 7' leet ill width as to tile side lilles, Ilnll'SS otherwise specified herein\: taxes for year of c10slrlg ,"II(j ';ltlS>'r~",
ye8rs, ClsslImad mortgages and purcllase fT1011f'y mortgages. if rmy, other
/8~ 5tJO.UO
<;/'l O()O' 00
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"II'C,
J?!Pvidpd, th<l! 1I1nfl? exists al closillg no \'ioliltinn of tire foregoing ilnr! 1lC)IlC (11 thr>m pmvellts 11",(' uf fkill f'1(,p,'rty for 115~n~L;f/.c-IA.<';;- J{)I7'~. "-/)LC^ OJ!"AL(~^ ~hlP pllrp',.;
~ fVIII. OCCUPANCY: Sellf,r warmnts that there are no parties ill ()CeUp,Hlcy other than Srilnr hut if Prol'prty is intended to IJe r('r.ted or OCCl1plf."l I"'yond clOSing, Ihe, '.let ~Il;
therpof Sh,111 be stilted herein, !1l1rj the ten,lJll(s) or occupants eJisck\sf'd pursuant to St81lr!"mJ F Seltpr ;)~Jff."::s to deliver occupancy of Property ,11 lime of clOSing uI1iess (11('r,..,
sti'lted herein. It occupancy is to be delivered before c1osinq, Buyc>r n<;slImes all risk 01 loss to Property IH)11I rj,11e of occupnncy, silall be respon'IL!,' ;1I1(j liable lor rn;~If1teil,1r'CI'
lhat dale, and sll.'lll be deemed to have accepte(j Property in their existillq condition as of timp 01 t<lklng ocellp8ncy unless otherwise 'i!,lted herein or li1;") <;ppamte writing
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisiuns shall control all printed provisiOlls of Contract in conflict Nllh tl1em
X. INSULATION RIDER:!f Contract is utilized for the sale of a new residence, the Insulalion Flider or elluiv<ll('tlt may be atLxl1('(j
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL", RIDER: If Contract is Utlhl~~d for the S<lle of Property affected oy the CCCL, CII;lpler 161, FS, (19851. ;JSI,,,,'rv!.'.'
shall apply and the CCCL Rider or equivalent may be attached to this Contract
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA'" RIDER: The parties slrall comply with thp provrSIOllS 01 FIRP1A <l1,1I .lf1plicallie regul<:ltl""s \'/rll<;l1 l:,JCI;
require Seller to provide additional cash at closing to meet withholcJiny reQu-irelnents, <ll1d the FIRPTA Rider or equivatent may be ilttacll€d to this COlltr;Kt
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) ~ay i'lsslgn OR (2) 0 may not assign Corltract
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1} ~ atla~t1Pd OR (2) 0 is rlot applicable
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FOnM HAS BEEN APpnOVED BY fHE FLORIDA !\SSOCIATION OF f1EALTORS AND THE FLORIDA BAFl
Approval does not constitute an CfJlnion that any of OW! terms and conditions in /flis Cootract should be accepted by the patties lil <3 pilltlcular transaction T'YIIlS
and conditions should be negotiated based upon tlJe respective interests, objectives and bargaifJ/ng posJ/ions of al/ interested pc/sons.
COPYRIGHT 1988 BY THE FLORtDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC
I~~ "'/!
---~~~/
-:J ... I'~ ~
(Buyer)
/ '2 -, -s""7 Date
Q,,'
(Seller)
Social Security or Tax 1.0 #"
'2 -;,. . ;;,--J:!I Date
Dal._-
(Seller)
Socia! Seo:lrrty or Tax 1.0. -#
Social Security or Ta)( 1.0. #
Deposit(s) under Paragraph II received; IF OTHEFl THAN CASH, TIIEN SUBJECT TO CLEARANCE rr,;", '1'1 AIi"I.!
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By.
o IF A USTINQ AGREEMENT IS CURRENTLY IN,I:;FFECT:
Setter agrees to pay the eroker named below. mcllJdlllg cooperating sub-.1qents named, according to the terms of an eXIsting, sep<lrate listing agreement
OR
@/IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
seITer- shall pay the -Broker named below,- attiiTieorclOslJlg, from the disbursements of the proceeds of tile s<Jle. compensation in tile ,lmounl 1)1 {COMPLETE mLY (lilt
~ % of gross purchase price OR $ , for Broker's sarvices in effecling the s!1le by finding the Buyer rendy, willing and able to i!Ulct)ase pursuant to illl' ! -,,'(1('11'
ConttRct If Buyer fails to per/ann and depoo;it(o;) is retained, 50% thereof. but not exceeding the Brokers fee above prOVided. sl1all be paId Broker. as full consideration fUI Bruk"1
services including costs expended by Brokor, .<lnd the. halance shall be paid to Seller. If the tr,!I1saction shall not ctose bec8uSe of refusal or failure of Seller to perf 01 Ill, S,:lh~r 511;
pay Ihe full fee to Broker on demand, In any litigalion arising our of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney fees Jnu C')stc;
(ni'lme of cooperating sub-agent)
(Seller)
(Sellen
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
FAf1.B^R0028ib(I/88)
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abslrncl of tllle prepart..'d or brouUhl current by ;j repul<.ible and C;(lsln19 <..Lb~lr.Jct tlrm (It rlOl eXisting then cerlll'....d .JS cerrect by an eltlsllng f'flT' ,
DUfpartHlg to be an accurate SynopSis of the Instruments allectlf19 tllle to Real Property reCO/ded m the !-lubllc records 01 the county w~reln Rt;.J1 Property 6 located through Etlecr,.,"
Di.llc and whICh shall commence with the earl.est put)lrc rccord::;, or such laler di.ltc as may be customary In the county Upon ClOSing 01 thiS trilnS<.lctron the dbstr.]CI sh311 beCOlTh;
the properly of Buyer, SlJbJCCI to the right 01 relentlOfl thereof by Ilrst mOrlyi.ly....e ulllll tully P<.lld 12l A t,lIt) Ulsurc\11C<, commitment 1:>Sl.ied by a Flondd licensed Iltle Insurer J.gr....""ny
10 ISSU& to Buyer, upon recordJrIQ 01 lhe dead 10 Buyer, an owner's polICy 01 Idle Insurance In the amount 01 the purchase prICe, InSUring Buyers tllle to Real Property. sublec! Only
to hens, encumbrances, excepllons or quallticallOl'l sel lorlh In thIS Contract and lhose WhICh shall be dlscharYl:!(j by Seller al or before ClOSing, Seller shall con...ey a marketablt
title sub)€ct only to liens, encumbrances. exceptlOf\S or qualificatIOns set lorlh tn Contract Marketallle IJlle shall be determlfled accordlllg to applicable Title StandaJds adopted by
dutoonly 01 The Florida Bar and in accordanc~ with law, Buytlr ~Il havu JO days, II d.b~lract, or 5 oaYs, II tItle commitment, tram date of rec<:!t\illIQ tJ\ildt:!rlCe 01 tllle to exanllf102
,t. II Itllt.: IS lound delecllve. Buyer shilll, within 3 days. notdy Scllt:r In wfltlng speCIfYing delt:ctts). If the oJdo.:ct(s) render title unmarketilble, &:llw Will Ilcl\it:= 120 days from rect:l>;r
ot notICe WIthin whICh to remove the oolect(sl. lillhng whICh Buyer shall have 11'00 option at either .:JCC1,ptlflg the IItle ..IS it then IS or demandll".g a rdund 01 deOOSll(sl paid wn,en
Shall immediately be returned 10 Buyer; Ihereupon Buyer .:md SeUcr shall relt!d:.e aile dIlOUlt;r 01 :.lll furlt\t:r Obll()atlons under the Contract Seller Will II title I::' lound unmarkel<30le
use dlhYt:nt ellortto correct deh:ct(s) In hlte within the lime provllJed thttrelor, Ir)r,;ludl(ly Ih~ b(lllgulQ uf necessary SUits
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purChase money rnorlga~ and mortgage nole to Seiter Shall prO\ilde for a 30 day grace penOd In
the eVf:!nt 01 delaull II a Ilrsl mortgage and a 15 day yrac~ ptlflod II a s<:!COnd (,Ir les:.t:r mortgage; shall pl'o....tde IOf TIght at pl'epaymenl In whole Of In part wlthoul pvnalty, ::>l1illl
not permit acceleration or interesl adjustment in event of resale 01 Redl Property, shall require all pnor Iren and encumbrances to be kept In good standing d(l(J 10rbld mOOI!lcdlions
alar luture advances under pl'lOr mortgage(s); a~ the mortgage, note and secunty agreement shall be otherwise in lorm and content required by Seller: but Seiler may only reqUIre
clauses customarily lound in mortgages, mortgage notes, and security agreemenls gener<.ilty utIlized by S3WlQ and loan Inshtullons, or state or nallonal banks located In the County
wherein Real Property is Iocaled, All Personalfy and leases being conveyed or aSSigned Will, al $eller's optIOn, be sublect to lhe hen 01 a SeCurlly agreement eVidenced by recordea
llnanclng statements. If a balloon mortgage, the final payment will exceed the penodlC payments thereon.
C. SURVEY: Buyer, at Buyer's expense, Within lime allowed to deliver eVidence 01 tlUe and to examIne same, may have Real Property surveyed and certified by a regIstered Flor,,'
surveyor, U 5llrvey Shows encroachment on Real Property or that Improvements Iocaled on Real Property encroach on setback lines, easements, lands 01 others, or vIOlate any reslrlCtl".,S
Contract covenants 0( applicable governmental regulation, the same shalt constilute a title defecl
~ ......DU'~[ ... ~,~, ..., R.jVfU'C: ""~..........<> ,,'" t mi~" ~... tn "'h'~_" 9"tdeoca aitttle_.aa1ta.~same, ~na't'e. 8eaL~inspected by a FIQ(lda.~ ~ ~
Operator 10 determine if there is any VIsible acti\/e lermlte InlestatlOl1 Or Visible eXlshng damage Irom termIte mtestation In the improvements. II either or both am.- ~ Buyer Will
have 4 days Irom dale 01 written notice thereof. Within which to have all damages,__Yibe1bcL\U.SlbIa..-'X.-not,. Lncp"~I4rl "nr1 """'"'n..t,,,... b'; ____~Burider or general contraclor Seller t
<:"byll Pi, .J-lid """,jl.. ",I ,1,~ul.._At 81'16 ~.....;, ...1 d.lI-uamage upro 2'1...A I-'U'..]~" priCe. Should sudt-eosts exce-ett"'tf'lat'alTiOtJTlt,".8oyer shalttr.Ne-~ ,It 8t n-1i'I-J r- '"ll11
WIthIn 5 days alter recetpt of contr~lo.r':i repaiC_ ~ Dy giVing wntlen notice 10 Seller Or Buyer may elect to proceed 'oVltt:L 1M lr"'~V l.~", In WhICh event Buyer shall receIVe
a credil .1 closing ot. an amount equal to the total of the Ireatmelll and regau estimate not.1n ~ ~ 2% of the purchase price. "Termites" shall be deemed to include all wood
~ organisms required to be repofted under the FicJ:aa Pest CQn..tr.QLAct...- _
E. INGRESS AND EGRESS: Seller warrants and represents Ihat there IS Ingress and egress 10 the Real Property suflicient lor the intended use as descflbed In Paragraph VII hereof,
hlle to whICh IS In accordance WIth Standard A.
F, LEASES: Seller shall, not less than 15 days before closing, furnish 10 Buyer COPieS of all Wflnen leases and estoppel letters lrom each tenant specifYing the nature and duration
of the tenant's occupancy, rental rates, advanced renl and security deposits paid by tenant. " Seller is unable to obtain such letter from each lenant, the same lnfO(mahon shall De
lurOlshed by Seller 10 Buyer within that time period In the form of a Seller's allK1avrt. and Buyer may therealter contact tenanls to confirm such information. Seller shall, at CIoSlflg,
deliver and assign all orlQlnalleases to Buyer.
G. UENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or
potentLat lienors known to Seller and lurther attesUng that thele have been no itnp"Ovements Of repairs to Property for 90 days immedialely preceding dale 01 closing. II Property
has been Improved, or repaired within that time, $eller Shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractO(s, supphers, and materialmen
in addition to Sellel's lien aflidavit setting 100th the names at all such general contractors, subcontractors, suppliers and materialmen and further altirmlng that alt charges lor Improvements
0( repairs WhICh could serve as a basis for a mechanic's ben 0( a claim lor damages have been paid Or will be paid at clOSing.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property IS located, at the atlice of the attorney or other closing agent deSignaled by Seiter
I. TIME: Time is 01 the essence of this Contract. Time perIOds herein 01 less than 6 days shall in lhe computation exclude Saturdays, Sundays anc:t state or national legal holidays,
and any time period provided for herein whICh shall end on Saturday, Sunday or legal holiday shall extend to 5:00 pm. 01 the next business day
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed. bill 01 Sale. mechanic's lien allldavlt. assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note. security agreement. and linancing statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps. intangible tax and recording purChase money
mortgage to Seller, deed and financing statements shaM be paid by Buyer,
L. PRORATIONS: CRE~TS: Taxes. assessments, rent, interest. insurance and olher expenses and revenue 01 Property shall be prorated thf"Clu9h day betore CIoSIl1g. Buyer shall ha\ie
the option of taking OYer any existing poIaas of insurance, if assumable, in which event premiums shall be prO(ated. Cash at closmg shall be increased or decreased as may be
required by prorations. Prorations WIU be made through day prior to occupancy if oc:cupancy occurs belore closing. Adyance rent and security deposits will be credited to Buyer and
escrow depost!s held by mortgagee will be credited to Seller. Taxes shall be prorated based Qf1 the current year's lax with due allowance made lor maxlOlUm allowable dIScount,
homestead and other exemptions. If Closing oc:curs at a dale when the QJrrent year's mil1age is not fixed. and current year's a&&e&&ment 18 aYallable. taXlis Will 00 prorated based
upon SUCh assaasmant and the priQ( _'tI88f'S millage. U current )'eaI's assesament ia not av8llable. UWl taxes Will be prorated on the prior year's lax. It there are completed l~ments
on Recti Property by January lsl of year 01 closing which imprO\lemenls were IlOl in eXlslence on January 1st 01 lhe prior year lhen taxes shalt be prorated based UpOl'l the prior
year's millage and at an equitable assessment to be agreed upon between the parties, lailing which, request will be made 10 the County Property Appraiser lor an informal assessment
taking into consideration available exemptions. My tax proration based on an estimate may, at request of etther Buyer or Seller, be SUbsequently readjusted upon receiPt at tax bill
on condition that a statement to thai effect is in the closing statement.
M. SPECIAL ASSESSMENT UENS: Certified. confirmed and ratified special assessment liens as 01 date of closing (and not as of Effective Date) are to be paid by Seller. Pending
hens as of date of closing shall be assumed by Buyer, If the in'p'ovem&nt has been SUbstantially COmpleted as of Effective Dale, such pending hen shall be considered as certltled,
confirmed or ratified aM Seller sha!l. at oIQ&ing, be charged an arncw"nt eQUal to the last estimate 01 assessment for the iffiP(ovement by the publIC body
N. INSPECTlON, REPAIR AND MAINTENANCE: &1.11.:.. ... _.b. II_I. ae 9119 .,11 pQxJQ. Clasmg.ire.ceiling, [QQf {incl~-IasC1a--~.and~J9I'.Arw;t.interior waU&.
tin M' RiI"8 8A) lJlQIBLC C.}l....C't.U"'s::' ot Ieall.! sr -...... .1...",,'9" aRd tRat----ttle--septiC---tenM-,-poot,-aII-ma)Of' appliance&.. heating, COOling, electrical. p1umbtng systems and rnac:hio8fy are-
.;" ..OAWI..G OO~~OlTl8tJ. Buyer may, at Buyer's expense, have inspecliOns made at those items by an appropriately Florida licensed person dealing in the construction. repair art
maintenance at those Items and ShaM f8tJ0fl in writing to Seller such Items that do oot meet the above standards as to detects together With the cost at cO(rectlflg them, poor to
Buyer's OCCI..IPWlCy or not less than 10 days prior to closing, whichever OCCUrS lirst. I J..i..-~ R. ryeI I'8pC("ts such defects wi4hln thai lime Buyer shall be deemed to have wawed- SeIIeI:s
waU:iM:tlies as to.d8Iacls..rp1 f"8I)Qr~--OCJ"~I~~illlel~ arfj-f8QW8dr-~ ahiUlpay.----up ta3'1lot the PWchaseplQ for such reparrs or r~s by---aR--~~
.~Ior<<>> licensed per&ClR---&Mctedby-Seller..1f the coat lor such repatrs 0( replacement exceeds 3% 01 the purChase price, Buyer or Seller may ~lectlo pay such excess, tailing whICh
either party may cancel this Contract If Seller is unable to correct the delects prior to closing, the cost lhereol Shai! be paid into eSCrOW ill closing. Selltdr Will, upon reasonable
nOtice, prOVIde utilities service for inspections. Between Effective Date and lhe closing, Seller shall mainlatn Property including but not limited 10 the lawn and shrubbery, In the condition
herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access lor inspection of Property prior to CloSing in order to confirm compliance with thIS Standard
O. RISK OF LOSS: II the Property is damaged by fire or other casualty befO(e closing and cost 01 restoralion does nol exceed 3% of the assessed lIaluation of the Property so
damaged, cost at restoration shall be an obligation of lhe Selltdr and closing shall proceed pursuant to the terms 01 Contract WIth restoration costs escrowed at clOSing, II the cost
01 restoration exceeds 3% 01 the as$8ssed valuation at the Improvements so darTl<1ged, Buyer shall have the option of either taking Property as IS, together With either the 3% ur
any InSUrance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receivlOQ return of deposit(s).
P. PROCeEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. if abstract. e\iidence of title shalt be conlinued al Buyer's expense to show
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of lhe sale shaH be held In escrow
by Seller's attorney or by SUCh other mutually acceptable escrow agent 10( a perIOd 01 not longer than 5 days Irom and after CloSing date. 11 Seller's title is rendered unmarkelable
through no fault 01 Buyer, Buyer shall. wltlun the 5 day period, notify SeUer in Writing 01 the deleel and Seller shall have 30 days from date of receipl 01 such notification to cure
the delecl. If Seller falls to timely cure the defeet, all deposll(sl shall, upon written demand by Buyer and within 5 days alter demand, be returned to Buyer and Simultaneously with
such repayme(lt, Buyer shall return Personalty a~ vacate Real Property and reeOllVtty It to Seller by specaal warranty deed. If Buyer falls to make tim<:!ly demand lor relund. Buyer
shall take tilie as is, waiving aU rights against Seller as to <lny inter\ienlng defect except as may be avaIlable to Buyor by virtue of warranties contaHlCd in the deed, If a portion
of lhe purchase price is to be derived lrom institutional financing or refinancing, reqUifements of the lencling institutIOn as to place, time 01 day ana procedures tor cloSIng, and lor
Lllsbursement of mortgage proceeds shall control OVtif' contrary prOVIsion III thIS Contract. Seller &haU have lhe right 10 reqUire Irom the lendlnlJ Inslltuhoo a wnllen comrmtment lhat
II WIll not withhOld dlsbursemenl of mortgage proceeds as a lesuJl 01 any tlUe dulect aUributablt! 10 Buyer' mortgagor The escrow and clOSing proet:dure requlrea by thiS Stanct<lrd
may be w3Ived If title agent insures ad~se matters pursuanlto SectIOl1627,7841. F.S, (1987), as amended.
O. ESCROW: Any escrow agent ("~") reCei\iing lunds or eqUivalent IS authorized and agrees by acceptance of thom to deposit them promptly, hold same In escrow and, sublect
10 clearance, disburse lhem In accordance with terms and COOOltlQOS of Contract. Failure of clearance 01 lunds shall not excuse Buyt'!r's performance II III ooubt as to Agent's dullto'::.
or liabilities under the proviSions of Contract, Agent may, at Agent's option, continue to hold the subject mailer 01 the escrow until lhe parties mutually 3gree to ItS disbursement,
or until a Judgment 01 a Court 01 competent jUrisdICtion shall ~termine the rights 01 the partieS or Agent may dePOSit with the clerk of the CirCUIt OO&.!rl ha\ill'lg JurlsdiClIon of the
dispute. Upon notifying all parties concerned of such action, aU liability on the part of Agent shall lully terminate, except to tne extent of accounting tor any items preViously delivered
out 01 escrow. JI a lICensed real estate broker, Agent Will comply with prOVISions 01 Chapter 475, F.S. (198n as amended, Any suit between Buyer and Setter where Agellt IS nldde
il party because 01 acting as Agent hereunder, 0( In any suit whereIn Agent interpleads the sublect mailer of the escrow, Agent Shall recover reasOIl<lble allorney's lee::. and costs
Incurred with the lees and costs to be charged and assessed as COUrt costs in lavor 01 the prevalhnro party. Parties agreF! that Agenl shatt not be liable 10 any party or P'--"::'U[I
lor mIsdelivery to Buyer or Seller of items subjeCt 10 this escrow, unless such misdeltvery 115 due 10 willful bft:dCh of Contract or gross negligence of Agent.
R ATTORNEY FEES; COSTS; In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasOnable attorney's lees and costs.
S. FAILURE OF PERFORMANCE: If Buyer tails to perform thIS Contract within the time specilied (including payment at all deposit(sll. the depOSlt(S) paid by Buyer may be rctumed
by or tor the account 01 Seller as agreed upon liQllidated damages, consideration 10( the execution of this Contract and In lull selllement of any claims; whereupon, Buyer and SeBer
shall be relieved 01 all obhgallons under Contract; or SelI8l", at Seller's opllOn, may proceed In eQUIty 10 enforce Seller's rights under thIS Contract ii, lor any reasOl'l other than failure
01 Seller to make Seller's tllle marketable after diligent f:!lfort, Seller fails. neglects Or refuses to perform this Contract, the Buyer may seek ::;pecihc perlormance or elect 10 recelv,:
lhe return of Buyer's depoSll(s) without thereby waiving any action lor damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS ,BOUND; NOTICE: Neither this Contract nor any notice 01 it shall be recorded in any public records. This Contract shaJl bind and
inure to the benefit of the parlles and their successors in interest Whenever the contex.t permits, Singular shall incJUde plural and one gender shall inclUde all, NotICe \;lIven bV Or
to the anorney lor any pClrty shall be as el/ectlve as II glVtM\ by or 10 thai party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's 0( guardian's deed, as appropriate to the status of Seller, subl8CI
only to mailers contained in Paragraph VII and thase otherwise accepted by Buyer. Personalty shall. al request of Buyer, be transferred by an absolute btll of sale wllh warranty
of IItle. subject only 10 such malters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or pt8sent agreements 0( representations shall be binding upon Buyer 0( Seller unless included in this Contract No modification or change In
this Contract shall be valid or binding upon !he partes unless in writing and execuled by the party or partl8S intended to be bound by It.
W. WARRANTIES: Seller warrants thai there are no facts known to Seller materially affecting the value 01 the Real Property whICh are not readily observable by Buyer or which
have nol been disclosed to Buyer.
r~~...,._", ,("\OQ h.. T"-_ C[
ADDENDUM
XIV SPECIAL CLAUSES
1.) Buyer will only consummate this Contract if the seller
changes the zoning to permit sales and service of all types
of Lawn Mowers and permit retail sales and service or other
gardening equipment, when the property is annexed into the
City of Delray Beach, and further represents to the buyer
that such permitted use will remain unmodified through the date,
such property is annexed into the City of Delray Beach. This
repreSentation shall survive closing herEof.
2.) Seller will be responsible for defining all site defiecies
and define what requirements ther are to bring the property up
to code for the described business referred to abOve. If the
cost of doing the repairs and bringing up to code is more than
3% of the Contract buyer at his Option has the right to cancel
the contract and all Escrow deposits returned or waive there
right of cancellation.
3.) Buyer has the right to do a hazardous material inspection,
and if in the event the presence of hazardous material is found
seller has the right to clean the property to safe conditions,
if the seller does not do the clean'up buyer has the right to
cancel the contract or do the clean up.
[~<-,<,'I
~
---
r~
~
~
BUYER
BUYER
SELLER
SELLER
I
~
.
M E M 0 RAN DUM
To: City Commissioners
Via:
Malcolm Bird, City Manager
^
From:
Lula Butler, Community Improvement Director I/'~~
v v
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
Re:
KETTELHUT - LANDSCAPE PLANS FOR SOUTH DIXIE HIGHWAY
Date:
December 8, 1989
Kette1hut presented plans for the preliminary landscape design for South
Dixie Highway (between the C-15 Canal and S.E. 10th Street) to the
Beautification Task Force on November 30, 1989. Revisions to those plans
have been made based on the comments from the meeting and are submitted for
your review and further comment.
The west side of the right-of-way is actually contained within the F.E.C.
Railroad Right-of-Way and therefore, any p1antings done in this area will
require permits from the F.E.C. Generally, they do not permit any plant
material over four feet in height. Along this right-of-way, Kette1hut has
proposed alternating flowerings shrub masses of Jatropha Hastata with groups
of Crotons every 50 feet.
It was suggested that the Consultant investigate the possibility of planting
additional screening adjacent ot Miller Field. This item has not been
addressed on the revised plans.
The east side of the right-of-way is the backside of many car dealerships
and in some cases tree lines are already established. It was suggested that
we take into consideration the existing types of trees and add to those
repeating the rythem by having stretches of Black Olives and Mahogany Trees
puncutated with a specific flowering tree to provide continuity.
The plan revisions reflect this pattern and the Consultant
using either Hong Kong Orchid Trees or Royal Poinciana
flowering tree. Both would not be used, one or the other
selected.
has
Trees
needs
proposed
as the
to be
Although trees had originally been proposed adjacent to the Delray Mall it
was felt that the Mall had provided enough trees on their own accord and
that we could save money on installation and further maintenance by not
adding trees to this area. It was felt, however, that the area north of the
Mall was particularly blighted and that the tree line should be continued in
this area.
1
.
t 1~
,
.
The large triangular area on sheet 7 currently exists of sparse native
vegetation such as Sabal Palms and Saw Palmetto on the understory. I
personally feel that an effort should be made to compliment and add to the
existing vegetation instead of infilling with plant materials that are
foreign to that plant community. The legend provided on sheet 7 is not
accurate so I'm not sure exactly what is being proposed.
Again on sheet 7 the intersection of S.W. 10th and Swinton is proposed to be
landscaped. The ultimate right-of-way of 10th must be considered and the
ability to landscape the S.W. quadrant is questionable due to the driveways
on the existing property.
,
The Consultant will give a slide presentation to the Commissioners on
December 12, 1989 and final plans will be developed based on your input.
2
I
~
,
.
M E M 0 RAN DUM
To:
City Commissioners
Via:
Malcolm Bird, City Manager
Lula Butler, Community Improvement Director
"A
~/,f-)
From:
70('
Nancy Davila, Horticulturist/Special Projects Coordinator JI~
Re:
KETTELHUT - LANDSCAPE PLANS FOR THE S.W.10TH STREET OVERPASS
Date:
December 8, 1989
Preliminary landscape plans for
been submitted for your review.
effected by the road widening
Wallace Way.
the I-95 overpass at S.W. 10th Street have
This section of road is not expected to be
for S.W. 10th Street between U.S. 1 and
This area will be irrigated using a submersible pump and well system.
The landscaping is fairly simple and straight forward. Sabal Palm will be
used at the four corners of the embankments at sufficient heights to be seen
on 1-95. The embankment slope will be similar to Atlantic/I-95 with the
Chinese Fan Palms . The Sabals will be underp1anted with Fakatchee Grass and
Firecracker Plant. The proposed shade trees are the Eugenia Hookerana which
are small leafed columinar shaped trees. A backdrop of Myrsine is being
proposed to terminate the view into unimproved areas.
The Consultant will give a slide presentation on December 12, 1989 for your
input and will revise final plans accordingly.
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CHANGE ORDER
No.
Dated
12-7
, 19
89
Project No. 333-4141-572-61.15
Project Name: Landscape Architectural Services for the Beautification of Selected
Aterial and Collector Road Rights-of-Way.
Owner: City of Delray Beach, Florida
Contractor: H. Kurt Kettelhut & Associates, 227 Goolsby Blvd, Deerfield Beach, Fl 33442
Contract Date: May 8, 1987
To: H. Kurt Kettelhut -
You are directed to make the following changes in the subject contract:
Deletions: Design Fees for West Atlantic Avenue (Congress to Military)
Design Fees for Lake Ida Road (Swinton to Military)
Design Fees for a portion of S.W. 10th Street
Inspections assocites with the above designs _ Iotal fees deleted $14,451.00
which changes are more specifically described in the attached amended plans, drawings
and specifications.
The reason for the change is as follows: These roads will be reconstructed in 1991 -1993
and as roadways sections have yet to be finalized, the landscaping cannot be designed.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order: $164,900.00
Page one of two Pages
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CHANGE ORDER No.
1
Project name H. Kurt Kettelhut & Associates Landscape
Architectural Designs - Rights-of-Way.
2. Net increase resulting from this change order: None
3. Net decrease resulting from this change order: $14.4')1.00
4. Current contract price including this change order: $1')0.449.00
B. Contract Time
1. Contract time prior to this change order:
36 months
2. Net increase resulting from this change order: none
3. Current contract time including this change order: 36 months
CITY OF DELRAY BEACH, FLOR1DA, OWNER
By:
Mayor Doak Campbell
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City At torney
The above changes are accepted on , 19 . I understand that
all the provisions of the Contract Document related to Project No.
which are not inconsistant with the terms of this change order shall remain in effect
and apply to all work undertaken pursuant to this change order.
Witness:
t Contractor
As to Contractor
By:
Title
Page Two of Two Pages
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1
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[Iry DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
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!;2'i.tp, 0eGeniber 41 193')
To' N~n~y Davila, Horticulturist/Coord.
Ll,la Butler, Director of Communit,y Improvement
Fr.cm, Su"an A. Ruby, Assistant City Attorney
Subject::: Ket.tlehut Contract
I have re~eived
::or,l: ract which
1 nforrnfltiO!'L
a revised letter from Kettlehut regarding his
is attached hereto for your review and
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SA~. .
A~,tachment
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H. K U R T K E T TEL HUT &, ASS 0 C I ATE S
DecE'mber 4, 1989
Ms. Sussn Ruby
ASSistant City Attorney
City of Delray Beach
100 NW. 1st. Avenue
De1ray Beach, FlorIda
Rc: Revisions to Bcaclilicalion Corlt~Dct
Dear Susan:
r. hElve the folJowing infor~;jtion to forwC)r'd Lu yuu ill responSE! to your request
to delete th" W"st Allant:c snd Lske ! da Road sections of roadway from the
Beautification Contract.
I have reviewed Illy ".."uti fic,::,::'o1', contract but can not find any explanation of
how decreases in fees will be <.!"termined and I'", no~ ;;ure how to arrive at a
fair number.
Since we fj rst begilll the l'rojcct there have been several changes m"dc to the
scope of serv:lcea involving Doth ,,<l<lj lions and decreases and j,n ordar to
fa:lrly consi'll6.l: your reque"t for a decn..."" you lIIusl aJ so consider the
additions that were mad" to Lhe LuaUa"t for which I have not been
l'e1mbur""d. The following are "hat I consider to be changes to the contract.
ADDITIONS TO THE CONTRACT
1. Masle,' Plan Presenrst:lon: The contract called for the ma9~er plan to be
pre~ented at 300 to 700 sca1c. I prepared a typical 300 scale drawing
for the ..~"ff; "fter rov:lewing it with Mr. Church, the staff concluded
that it was too small and reques~ed that tho size be increased to 100
..cale. This upgrad:lng of the mallter plan required an additional 5
presenL"llofl boards and 60 hours of ",,,rk. The cost of these changes was
$3,000.
II. Governmental Revi"", and ApprovsJ: The contract required that two (2)
pl'esell~Htions ilnd reviews be made with each of the follow:lng groups: The
City Council, BeautHication Trust Fund Committee, I>'D01', Palm Beach
County Eng:lneer:lng, and the various u~iljty compan:les. To date I have
met w:lth each of the d:lfferent Hgencies at lesst 5 ~imes for a total of
60 additional hours at a cost of $3,660.
lTI. Des:lgn Developmenl p,'"sentations: The recent requests made by the
City Council askl"'g fur <let.ailed presents~ions on each of the road
designs is work that is no, j fie! u<.!,,<.! ill III)' current contract. JIve been
working with Nancy and Lulu Lo saUsfy the counc:l! '10 needs and ',(auld hope
to be reimbursed for the work t.hat has gone into these presentations.
Included il rl.> t' he- f 0110"i ng i Lellla.
227 Goolsby Boulevard Deerlleld Beach, Fl.Orida 33442 305/426.4305
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A. Mid-Feden.l lIwy. - Landscspe development plan 14 hrs.
13. ])1 xie Hwy. - Land""ape deveolopment plan 10 hrs.
C. 8\,1 IOTll/I-95 - Landscape development plan 4 hrs.
D. Slides of plant.s 2 hrs,
To tal amount nue
$750.00
$550.00
$220.00
$90.00
$1610.00
IV. AddiUonal Contract DraWings: Under the original contren. South Federal
H"y.(Lill~on to C-15 Canal), East Linton (Fed. Hwy. to AlA), Adan~ic Ave.
(Swinton to I-95), had oxistin!! irrigation system", that were to be
uti.l i zed in the bcauLlfl"a~ion program. In addi tion, East Linton
(1-95 to Fed. Hwy.), "lid thl'! Atlantic and Linton/I-95 Interchanges '.(,re
to be developed with a xeriscap.. landscape concept which '"ould requ1re
little if any irrigation. The City staff decided that they wanted the
exi.st.ing sYStems to be completely revamped and irrigation added to the
interchange areas. These changes cost a total of $260,000 and were
accomplished by using the beliuLiIication grant monies ($200,000). The
fe~ for the.." <.1",s1gn services, based on the original contract (2.6% of
contruction cost) would bc $5,200.00.
V. Contra~ Dra~~ngs - Work deleted: In several cases contrsct drawings
were prepared, the contrsct sward",d, and thGn portions of the job
eliminated. These monie" w~re thcn tranaferred to other projects
requ;,ri ng me to prepare contract drawings Lwicc. To date rhis has
hnppGned on the following ..tn,..Ls.
Homewood Blvd. - Roads; de l.andscsping not installed
West Lillton Blvd. - 213 shade trees deleted
South Federal Hwy. - 138 shade/palm trees deleted
N.E. 8th St. - Curbing plsns not instal10d
$30,000
$38,000
$28,000
$8,700
Total
104,700
At the current contract percentage the r..".. for this <.1upli cati,on
of work would total $2,700.
DECREASES 1'0 CONTRACT
Since there is not s prcscribed methOd for decreasing the contract, I
would sugge"t that He use the project construction cost as the basis
for this diacuA",;,on.
1.
Ptojects Eliminated:
Ida Rd. (excluding thp.
woul.d be as follows.
The fee reductions for W. Atlantic Ave. and Lake
time spent on development plans, 18% of cost)
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West Atlantic Ave. cost - $232,200 x .026 ~ $6,037 X .82
Lake Ida Rd. cost - $193,290 x .026 ~ $5,026 x .82
= $4,950
- $4,121
Total reduction
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Ir. Superviaion fees; Using the cOnStruction cost as the basis for
determining the SUpeI'vi.slon fee reduction, the tollowing are my
estimates of fee".
$9,071
West AtlanLic Ave. - 11% x $25,000
Lake Ida Rd. - 9% x $25,000
=$2,750
8 $2,250
Totol reduction
$5,000
III. The reduction of sQ~E'r," ether project, bu'~g~:s resul ted in a small
reduction to the oveI-all fee of $380.00 ($(;0 attached spreadsheel).
SUMMARY OF CHANGES
Additions:
I.
II.
III.
IV.
V.
Master Plan Presentation
Guvernmental Review and Approval
Dosign Development P1l1ns
Additional Contract Drawings
'--
Contrect ~niea Tr~nsfcTred
$3,000
$3,660
$1,610
$5,200
$2,700
Total addi tions
$16,170
Reductions:
I.
II.
III.
PrOjscts Eliminated
Supervision l'ees
Mise,. Reductions
$9,071
$5,000
$380
Total decreaee.
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$14,451
Please cell me after you hav.. "empleted your ,'evicw of this information
so we can resolve the qUe~Liun of monies due me.
Si,nccrely yours,
H. Kurt Kettelhu
Landscape Architect
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M E M 0 RAN DUM
To:
Susan A. Ruby, Assistant City Attorney
Lula Butler, Community Improvement Director~
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
Via:
From:
Re:
KETTELHUT LETTER - REVISIONS TO CONTRACT
Date:
December 7, 1989
I am in receipt of Kurt Kettelhut's letter dated December 4, 1989 and, at
your request I am responding to the proposed additions and deletions.
PROPOSED ADDITIONS TO CONTRACT
As a preface to all of the proposed additions 'after the fact' (work which
has already been done) I would like to point out that the contract clearly
states in article 7.2.3 that no additional services shall be performed
without the prior written authorization of the City. I will, however,
endeavor to address the additions, point by point to assess whether there
may be items that we would have considered authorizing. In this way, perhaps
the Commission can review those specific items and give consideration to
payment for services rendered.
I.
Master Plan Presentation: City Staff, to my knowlege, never requested
the scale of the master plan to be changed from 300 to 100 scale. On
the contrary, Kettelhut approached former City Engineer, Gerald Church
and myself about increasing the scale to 1"=100'. Kettelhut explained
that it would enable him to provide a more detailed master plan which
would make future development of design documents much easier. He said
that he would spend more time on the master plan phase and it would
cost more for that phase, but we would save money in the long run when
we got into the working drawings. Mr. Church and I responded that if it
would not cost us anymore money to prepare the master plan at 100
scale.
;
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Kettelhut actually billed us for the 100 scale
'Landscape Contract Drawings' separately from the
master plan. Specifically the City was billed:
drawings
charges
out
for
of
the
Invoice #87-172 - Landscape contract drawings 100 scale
Invoice #87-184 - Landscape contract drawings 100 scale
Invoice #87-192 - 100 scale site plan
$2,365.00
1,865.00
562.50
$4,792.50
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It would seem to me in light of the above that Kettelhut has been paid
sufficiently for this work. He has been paid $1,792.50 above the amount
he has indicated that he should be due as an extra for the preparation
of the 100 scale drawings. The City basically paid him for the extra
work in the master plan phase out of available funds for the landscape
contract design phase, but there was no intention to increase the money
available for landsape contract drawings, As I said earlier, Kette1hut
indicated that the actual work required in the landscape contract
design phase would decrease as a result of work done early on.
II. GOVERNMENTAL REVIEW AND APPROVAL
In the initial stages of work performed in the contract, Kette1hut
billed time spent on reviews with Gerald Church and myself to the
'governemntal review and approval' category. As only $2,500.00 was
allocated for these reviews, the money ran out early. In later invoices
to the City, such reviews were billed out of Project Administration and
also under Landscape Contract Drawings. Kettelhut's explanation, which
I had no problem with at the time, was that these meetings were
necessary to complete the contract drawings.
I don't believe that Kette1hut made any formal presentations to
governmental bodies outside of the Beautification Task Force and
City Commission. Meetings with D.O.T. and the County are all just
of getting the work done as are most of the B.T.F. meetings. The
has paid Kettelhut when billed for these meetings as follows:
any
the
part
City
Invoice # 87-184 - Meeting with the Mayor (2 hrs.)
Invoice # 87-200 - B.T.F. meeting - Project Admin.
Invoice # 88-102 - Meeting with D.O.T & County
Invoice # 88-115 - B.T.F. - Contract Drawings
Invoice # 88-117 - F.D.O.T. - Contract Drawings
Invoice # 88-126 - County Reviews - Contract Drawings
Invoice # 89-137 - City Commission Review
$ 120.00
812.50
390.00
800.00
220.00
220.00
240.00
$2,802.50
To date the City has expended $5,302.50
seems that Kettelhut would continue to
'Landscape Contract Drawings' as he
appropriate category in the past.
for meetings and presentations. It
bill us for general reviews under
has considered this to be the
Formal presentations to the City Commission should be compensated as
addressed in III. below.
III. DESIGN DEVELOPMENT PRESENTATIONS:
The City Commission has requested a more detailed presentation than
that which was originally set up in the contract. The Commission has
requested slide presentations and renderings of the projects. Kettelhut
should be permitted to bill us for extras to the contract for
assembling and giving the presentation as well as reimbursed for film
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and development.
Kettelhut has proposed to be compensated for
Presentations for the remaining projects as follows:
Design
Development
A.
B.
C.
D.
Mid - Federal Highway
Dixie Highway
S.W. 10th /I-95 Overpass
Slides of Plants
14 hrs.
10 hrs.
4 hrs.
2 hrs.
$750.00
$550.00
$220.00
$90.00
Although I feel the hours may be slightly over estimated, I would
that Kettelhut be paid an extra to the contract in the amount of
for the presentation of the landscape development plans to
Commission.
recommend
$1,610.00
the City
IV. ADDITIONAL CONTRACT DRAWINGS
To paraphrase, Kettelhut is saying that he had to do more designs
because the B.T.F. and City Staff changed the scope of work from the
original contract.
First of all when the contract was signed it simply listed the target
areas and indicated that landscaping and irrigation designs as well as
specifications were to be provided. To say we added work from the
original contract is stretching things a bit.
In early information presented to Kettelhut South Federal Highway was
indicated to have an irrigation system, but the adequacy of the system
was to be evaluated by the Park's Department. Their evaluation found it
to be an old system that needed replacement.
East Linton was a newly constructed road under which we had just had
the County install conduit for the express purpose of operating an
irrigation system. The desire to irrigate this area was indicated in
the B.T.F.'s early reports.
The I-95 Interchanges were additional areas that the B.T.F. expressed
their desire to provide an irrigation system adjacent to the on and off
ramps as well as the West Atlantic Avenue Corridor. This was in part to
the high priority the City Commission had placed on these gateways to
the City. Although Kettelhut may have thought Xeriscape was a cheaper
way to go, I doubt seriously if the materials proposed would survive in
the soil conditions (sugar sand) and maintain a vigorous landscaping.
All of these 'additions' would appear to me to be moot since the
contract does not relate Consultant's fees to the Cost of Construction.
Although I have referred to cost of construction in my spread sheet on
design fees due relative to a particular project, it is only with the
intent to give any particular project a 'weight' versus the others.
Further, since the contract
Atlantic and N.E. 8th Street
target areas due to findings of
was signed, N.E. 2nd Avenue between
and Swinton Avenue were deleted as' a
the site analysis as identified in the
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master plan. These findings indicated that there was limited right-of-
way area to accomplish beautification.
Later, a section of N.E. 2nd Avenue was reinstated but funds were
appropriated out of the utility tax surplus for the landscape
installation and the Consultant's fees since the money allocated for
the beautification had already been earmarked for the other projects.
In my opinion Kette1hut's proposed increase in fees in the amount of
$5,200.00 is not warranted as there have been no additional contract
drawings.
V. CONTRACT DRAWINGS
I must admit I am at a total loss as to the point Kettelhut is trying
to convey. Relative to Homewood Boulevard the design changes were made
prior to bidding and Kettelhut was paid for the revisions on Invoice #
88-135 in the amount of $1,337.00.
(Contract Drawings cont.)
Relative to West Linton Boulevard, although the landscape bids were
less than the Consultant had estimated (due to the elimination of trees
along the sides of the road) the deletion of plant materials was made
prior to bidding. The irrigation bids came in approximately double the
estimate. The net result was the project was $22,000.00 under the
estimate when combining landscaping and irrigation. This money was used
to off-set later bids that exceeded Kettelhut's estimates. This did
not involve any extra design work.
Any money saved on South Federal Highway by not planting trees along
the sides of the road where they would conflict with power lines and
existing vegetation is being used to off-set curbing costs which wound
up being over $65,000. The Consultant originally budgeted $19,500.00.
Regarding N.E. 8th Street, curbing has not been deleted, in fact, I am
waiting on Kettelhut to submit revised plans indicating where curbing
would be desirous in the first two blocks east of U.S. 1 so that
Engineering can coordinated acquisition of landscape easements where
needed. Engineering is doing the actual curbing plans.
None of the areas mentioned have represented a duplication
except for Homewood Boulevard for which additional fees have
been paid. I cannot, therefore, support Kettelhut's proposed
of $2,700.00 for a 'duplication' of work.
of work
already
addition
PROPOSED DELETIONS TO THE CONTRACT
--
My memo of December 4, 1989 specifically addresses the proposed deletions to
the contract. Although Kewttwlhut and I come very close on our figures for
the 'bottom line', the methods used to calculate those numbers differ. I
would like to emphasize that the total Consultant's fees are not based on
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the cost of
construction
percentage of
proj ect.
construction and
to give 'weight'
established fees
that the City only
to each of the projects
due upon the completion
the cost of
determine the
any particular
uses
to
of
I would recommend that we approve the deletions proposed in the amount of
$14,451.00.
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[Iry DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
3]0 S.F 1st STREET, SUITF.+ DELRAY BEACH, I-'lORIDA 33483
407/143.7090 TELECOPIER 407/2784755
l1EI-lORANDUM
Date: DecembeL' 7, 1989
To: Ci t:y CDmmission
Malcolm T. Bird, Illterim :ity Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Kettlehut Contract - Termination of Contract
There is a change o:::der before the City Commission using Mr.
Kettlehut's figures, which alters the scope of work resulting
in a decrease to the contract. Staff supports the decrease to
the contract as stated in the change order.
The other item before the City Commission requests approval for
additions to the contract in five separate areas. Staff
supports the additions referred to in paragraph III. "Design
Development Presentations", in the ","mount of $l,6l0.00, but
recommends denial of the other additions to the contract.
'.rhe contract between the City and Kurt Kettlehut for
landscaping services provides for termination with or without
cause.
Therefore, termination of the contract is hereby placed before
~an additional option.
~~
CC Lula Butler, Director of Community Improvement
Nancy Davila, Horticulturist/Coord.
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MEMORANDUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
FROM: FRANK R. SPENCE, CHAIRMAN, PINEAPPLE GROVE SCULPTURE
SELECTION COMMITTEE
SUBJECT: RECOMMENDED SCULPTORS FOR PINEAPPLE GROVE WAY
DATE: DECEMBER 6, 1989
-----------------------------------------------------------------
BACKGROUND
In August of this year the City Commission accepted the
recommendations of the Beautification Task Force that works of
art, namely sculpture, be integrated into the Pineapple Grove Way
Beautification Project. The Commission increased the budget for
this project to provide $25,000 to purchase four (4) sculptures.
In September the Commission appointed the Pineapple Grove
Sculpture Selection Committee comprised of Genia Howard, Chairman
of the Art Department of Atlantic High School; Dottie Patterson,
Pineapple Grove Support Group; Nancy Earnhart, Beautification
Task Force; Richard BeaUlieu, local sculptor; and myself.
Notices were sent out to local galleries, newspapers, studios and
known sculptors. Thirty-one (31) sculptors responded (list
attached). The Committee interviewed fifteen (15) sculptors
based upon the material submitted of their previous works and
showings.
RECOMMENDATION
As a result of the outstanding calibre and quality of the works
presented, the Committee unanimously recommends that the City
engage four (4) sculptors to create one sculpture each.
The recommended sculptors and estimated fees are:
l.
2.
3.
4.
Jane Manus
David Langley
Sylvia Jaffee
David Gochenour
($10,500)
($ 2,000)
($ 8,000)
($ 4,500)
Examples of their previous works or proposed creations will be
available for Commission's review. Two works would be considered
serious c~eations and two would be considered light hearted.
From the estimates given by the sculptors, all four works can be
created and purchased within the budget.
Attachments
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PINEAPPLE GROVE SCULPTURE COMPETITION
RESPONSES FROM INTERESTED SCULPTORS
1. Aho, Paul
230 Palm Trail
Delray Beach, Florida 33444
2. Aniano, Vincent J.
1150 Clare Avenue, #17818
West Palm Beach, Florida 33401
3. Aschkenea, Mac
4. Asher, Karen
7155 Montrico Drive
Boca Raton, Florida 33433
5. Blum, Ric
P. O. Box 7573
Delray Beach, Florida 33484
6. Cummings, Paul
The Tree Gallery
8855 116 Terrace South
Boynton Beach, Florida 33437
7. David Edgar
Armory School of Visual Arts
843 Biscayne Drive
West Palm Beach, Florida 33401
8. Gochenour, David
102 S.E. 10th Street
Delray Beach, Florida 33444
9. Griffin, John
122 North "L" Street
Lake Worth, Florida 33480
10. Jaffee, Sylvia
11 Burning Tree Lane
Boca Raton, Florida 33431
11. Jennings, Helen
6006 N. Ross Avenue
Oklahoma City, Oklahoma 73112
12. Kazer, Marge
7052 Pine Manor Drive
Lake Worth, Florida 33467
13. Kessler, Larry
2325 Rabbit Hollowe Circle
Delray Beach, Florida 33405
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14. Langley, David
5847 South 37th Court
Lake Worth, Florida 33463
15. Latimer, Bill
3407 South Ocean Boulevard
Highland Beach, Florida 33487
16. Lopez, Tony
17. Lopez-Torres, Carmen
50 Coconut Lane
Ocean Ridge, Florida 33435
18. Luque, Felipe R.
1721 S.W. 13th Street
Boca Raton, Florida 33486
19. Manus, Jane
2311 Embassy Drive
West Palm Beach, Florida 33401
20. Marantz, Rhoda
140 Meadowlark Drive
Royal Palm Beach, Florida 33411
21. Markin, Ann
108 Lakeshore Drive
Old Port Cove
North Palm Beach, Florida 33408
22. Mercedes, Sari
5505 North Ocean Boulevard
Apartment 103-MV
Ocean Ridge, Florida 33435
23. Montoya, Luis
Montoya Art Studios
435 Southern Boulevard
West Palm Beach, Florida 33405
24. Perry, Craig
1575 Manor Avenue
West Palm Beach, Florida 33409
25. Piet, Kathleen
3411 Sherwood Boulevard
Delray Beach, Florida 33445
26. Ralph, Bill
1000 Palm Trail #9
Delray Beach, Florida 33483
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27. Samuel, Linda
28. Stitsky, Leo
16200 Saddle Club Road
Ft. Lauderdale, Florida
29. Von Reith, Baroness Inge
P. O. Box 2068
Palm Beach, Florida 33480
30. Varga, Frank
296 N.E. 6th'Avenue
Delray Beach, Florida 33444
31. Wedin, Winslow
P. O. Box 1873
Boca Raton, Florida 33429
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PINEAPPLE GROVE WAY
DESIGN ALTERNATIVES
SOJEME E
I. Design Description: Scheme E will combine the best elements of
Schemes B. C. and D. These elements were considered by the committee to
represent improvements that it would like to see developed on Pineapple
Grove Way. This scheme grew out of a joint meeting that was held between
the Beautification Trust Fund and the Pineapple Grove Support Group. Of
the five schemes. this is the plan that these two groups are endorsing.
II. Cost Estimate of Installation
a. trees
50 trees @ $250/tree = . ....................................$12.500.00
pavement removal
$25.00/tree x 50 ..........................................$1.250.00
new pa yemen t
$1l2.50/tree x 50 .........................................$5.625.00
b. wide sculpture pods
6" curb $780.00 x 4 ........................................$3.120.00
new pavement $780.00 x 4 ................................ ..$10.800.00
v
c. 4 sculptures - lump sUm ....................................$25.000.00
.......
d. intersection nodes
pavement removal - 1800 sq. ft. @ $1.00 .....................$1.800.00
6" curb - 270 linear feet @ 13.00 ......................... ..$3.510.00
accent landscaping
$800 per node x 9 ........................................ .$7.200.00
+ 10%
$70.805.00
$7.080.00
$77.885.00
8/17/89
M E MaR AND U M
To: .
City Commissioners
Via:
Malcolm Bird, City Manager
From:
rr17 Frank Spence, Director - Development Services Group
PINEAPPLE GROVE WAY ALTERNATE PLAN
Re:
Date:
August 17, 1989
The Beautification Task Force met with representatives from the Pineapple Grove
Support Group to discuss alternatives for Pineapple Grove Way as directed by the
City Commission.
The Beautification Task Force is in favor of the idea of the installation of
sculptures providing that significant landscaping be maintained to soften and
enhance the streetscape.
The City's consultant, Kurt Kettelhut presented 4 schemes for consideration. Both
the B.T.F. and Pineapple Support Group endorsed a combination of improvements in
Scheme B and Scheme D. The elements of these two schemes have since been incorp-
orated in Scheme E. This alternative provides for 50 shade trees within the side-
walk, 4 sculpture nodes (which necessitates the elimination of 4 parking spaces)
and the construction of landscape nodes at the intersections, where feasible. This
plan would require an additional $40,000 in funding.
The second choice was Scheme B which allowed for the sculpture and trees in the
sidewalk but does not provide for the intersection nodes. This plan would require
$15,000 additional funding.
As to a source of funding, it has come to light that the beautification plans for
both Lake Ida Road and S.W. 10th Street will not be able to move forward until after
the road construction scheduled for 1992. Our bond requires that the money be
spent prior to May 1990. Approximately $220,000.00 will have to be spent on other
beautification projects by Mayor we stand to face penalties for not spending the
money.
The B.T.F. is asking for the Commissions approval of Scheme E with the additional
funding to be transferred from the Lake Ida Road beautification fund. They are also
seeking direction on procedure to select a sculpture and the artwork for the street.
c: Lula Butler
John Mc Kenna, B.T.F. Chairman
MEMORANDUM
TO: Malcolm T. Bird
Interim City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Tennis Courts/Lavers
DATE: December 8, 1989
Per your request, I have met with representa ti ves of Planning,
Engineering and Public Utilities to derive cost estimates of the
proposed tennis layout at Lavers. Please keep in mind that until
a detailed engineering plan is completed, the following figures
are rough estimates of the proposed construction costs.
The following cost estimates are for fourteen (l4) clay tennis
courts (eight lighted), one (l) stadium court, roadway and
parking lot construction, building moving costs, relocation of
sewer and water lines, sod, irrigation and landscape material,
and maintenance building.
8 lighted tennis courts ($28,000 each)
6 non-lighted tennis courts ($23,000 each)
1 stadium court
Roadway and culvert bridge
Parking lot
Building moving costs
Relocation of water and sewer lines
Sod, irrigation and landscape material
Maintenance building
SUB TOTAL
Contingency (l5%)
TOTAL
$224,000
$138,000
$ 45,000
$ 73,600
$ 86,250
$ 45,000
$ 24,600
$ 53,600
$ 36,000
$726,050
$108,907
$834,957
Finance indicated
tennis court fund
Lake Ida to be
remaining.
there is a balance of $l, 02l, 190. 00 in the
with the $70,444.00 paid to the architect for
deducted leaving a balance of $950,746.00
The back up information on how the costs were derived is
available for your review.
~ U3.iL/
J Weldon
D r ctor of Parks and
'J
Recreation
JW: jmh
REF:JW354
cc: Robert A. Barcinski, Assistant City Manager
Gates, Castle, City Engineer
Dave Kovacs, Planning Director
Larry Martin, Deputy Director of Public Utilities
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GREATER DELRAY BEACH CHAMBER OF COMMERCE
64 SOUTHEAST FIFTH AVENUE - TELEPHONE 278 0424 - OELRA Y BEAD, I, f-l.O(lIDA 3348:.3
November 10, 1989
Mayor and City Commissioners
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
Dear Mayor and Commissioners:
The Delray Affair is scheduled for April 20, 21 and 22, 1990. Over
the years this gala event has become the largest activity of its kind in
south county.
A great deal of the success of the De1ray Affair is attributed to
the excellent assistance provided by the City and we again seek that co-
operation through approval of the following itemsl
1. Endorsement by the City Commision
2. Use of Horthing and Veteran's Parks and certain parking
lots for entertainment and displays.
3. Blocking off parking from Swinton to the Intracoastal
Waterway during the event.
4. Closing Atlantic Avenue to traffic from Swinton to
East 6th Avenue.
S. Placement Of trash barrels with periodic emptying.
.
6. An individual on duty at the rest rooms at Veteran's Park.
7. Assistance in traffic and crowd control.
8. General clean up following the close of the event.
Your favorable consideration of these requests is greatly appreciated
and we hope you will join the festivities.
Cordially.
Ken Ellingsworth
Executive Vice President
iii
ACCAEDHED
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Mavis K. Allred
Priru:ipal
S.D. SPADY ELEMENTARY SCHOOL
330 NW. 8th Avenue
Delray Beach, Florida 33444
Telephones 243-1558.243-1559
December 4, 1989
,
Dear Honorable Mayor [)oak Campbell and City Council Manbers,
We at S.D. Spady Elementary School have a special" Reading
is Fundamental Program" that is without funds this 'year. For
the past ten years, we have successfully distributed 2,000 books
per year to 01lI students. We would like to request $600.00 so
we can continue our program. We will also look forward to you
visiting during our book giveaways. We appreciate you considering
our request.
./ Sincerel:, r\ I J "~.
.M ClA,Cl~ '-&t
~'. ~vis Allred
Principal
flw ,/~a ~r.p tuC
Ms. Laura Hatfield
Media Specialist
RIF Coordinator
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
fROM:
CJ~J UU~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER l2, 1989
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A PROFESSIONAL OFFICE USE IN THE RM-lO DISTRICT ON
N.E. 4TH STREET
ACTION REQUESTED OF THE COMMISSION:
The action requested of
approval of a conditional
site plan modification.
the City Commission is that of
use request and its accompanying
The property under consideration is located at 207-2l7 N.E.
4th Street and is zoned RM-lO.
BACKGROUND:
.
Previously the City Commission granted a waiver to right-of-way
requirements for this site. Also, the Historic Preservation
Board has granted variances to allow a reduction in the number of
required parking spaces. Action on the site plan aspect of the
request includ~the waiver of minimum landscape strip width along
the east property line. The project has received a "Certificate
of Appropriateness" from the Historic Preservation Board. The
P&Z staff report which provides a complete description and
analysis of the project is available in the City Manager's
Office.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a
on November 20, 1989. There was no
forwarded with a recommendation
conditions.
public hearing
opposition and
of approval,
on this
the item
subject
item
was
to
RECOMMENDED ACTION:
By motion, approval of this conditional use request and attendant
site plan based upon the findings by and subject to conditions as
recommended by the Planning and Zoning Board.
Attachments:
k
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cover sheet from the P&Z staff report
reduction of site plan
DJK/#56:CCPROF
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
- - - STAFF REPORT
MEETING D=lTE: NOVOOlER 20, 1989
AG~ ITeM: III.C.
CONDITIONAL USE FOR PROFESSIONAL OFFICES IN mE RM-lO ZONE DISTRICI' ON
ITEM: N.E. 4m STREET (EAST OF 2ND AVENUE) TOGETHER \,\Im MINOR SUBDIVISION PLAT.
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GENERAL
DATA:
Owner...........................M~mj, M. Hunter" Janet M. Mummah
Contract Purchaser..............wi11iarn F. Andrews
Location....................... . North side of N.E. 4th St.reet,
between N.E. 2nd Avenue and N.E.
Jrd Avenue
Property Size...................22,320 Sq.ft. (0.512 Acres)
Exis~tnq Land Use Plan..........MF-10 (Multiple-Family _
10 units/acre)
PrOposed Land Use Plan..........Transltional
IComprehensive Plan)
City Zonlnq.....................RM_10 (Multiple-Family Dwelling
District)
Adjacent Zoninq.................NOrth, east and West of the
subject property is zoned RM-10.
South is zoned GC (General
Commercial) .
EXistinq Land Use...............A sinqle-fami1y dwe1linq and
three detached apartments.
Proposed Land Use.. .............Convert the sinq1e-fami1y
dwe11inq to an interior desiqn
office, construct a swimminq pool
and a deck, and continue to rent
the existinq apartments.
water Service.................. .Existinq on-site
Sewer Service.... ...............Existinq on-site
fTI!!M' III.C.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
C)~j ~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 12, 1989
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
AN ACCESSORY USE OF A CAR WASH AT THE EXXON STATION
LOCATED AT ATLANTIC AND CONGRESS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request and its accompanying
site plan modification.
The property under consideration is located at the northeast
corner of Congress and Atlantic.
BACKGROUND:
Previously the City Commission granted a waiver to right-of-way
requirements (expanded intersection) for this site. a site and
development plan for conversion to a high-volume gasoline outlet,
convenience store, and service/repair area. That previous
approval is being modified to delete the service/repair area and
replace it with a car wash. To accommodate the new use
alterations to the location of the pumps has occurred. Further
some changes were necessary to the perimeter landscaping in order
to accommodate required drainage retention.
The P&Z staff report which provides a complete description and
analysis of the project is available in the City Manager's
Office.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at a public
hearing scheduled for December 11, 1989. It is anticipated that
a recommendation of approval will be granted. There have been no
significant problems uncovered during the staff review process.
RECOMMENDED ACTION:
By motion, approval of this conditional use request and attendant
site plan modification based upon the findings by and subject to
conditions as recommended by the Planning and Zoning Board.
Attachments:
*
*
cover sheet from the P&Z staff report
reduction of site plan
DJK/#56:CCEXXON
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PLANNING 8 Zu...JING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
MEETING oqTE:
DECEMBER II, 1989
AGENDA ITEM:
III. C
CONSIDERATION OF A REQUEST FOR SITE PLAN AND CONDITIONAL USE APPROVAL FOR EXXON
ITEM: LOCATED AT THE NORTHEAST CORNER OF W. ATLANTIC AVENUE AND CONGRESS AVENUE.
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3ENERAL DATA:
owner...........................Exxon Corporation
Av.nt...........................Dav1d J. Felton
Loc.t1on........................North...t corner ot W. Atlantic
Av.. anet Conqr... Av..
Property size...................l.223 Acr.. (53,286.70 Sq.ft.)
Existing Land Use Plan..........Commercial
Proposed Land Use Plan..........General Commercial
(Comprehensive Plan)
City Zoning.......,.............GC (General Commercial)
Adjacent Zoning......,..........North of the subject property is
. zoned LI (Liqht Industrial).
South is zoned GC and MI (Medium
Industrial). East is zoned GC
and west is zoned GC and LI.
Existinq Land Use...............Gasoline Station
Proposed Land
Use...............Remov. exi.tinq facility.
Con.truct qasolin. station with 8
pump islands, 1,104 sq.ft.
convenient store and a car wash.
Water Service...................Water can be provided by
connectinq into eXistinq 1 1/2"
water meter on the north side of
Atlantic Ave.
ITEM: III. C
Sewer Service...................Sewer lateral exists at the west
property 11ne.
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RESOLUTION NO. 99-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON-
ING ALL OF THE RIGHTS-OF-WAY DEDICATED FOR
PUBLIC USE IN THE PLAT OF ABBEY DELRAY PHASE I,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 33, PAGE 180, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND ALL OF THE RIGHTS-
OF-WAY DEDICATED FOR PUBLIC USE IN THE PLAT OF
ABBEY DELRAY PHASE II, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 35, PAGES 52 AND
53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING FOR A CONDITION TO WHICH SAID
VACATION AND ABANDONMENT IS SUBJECT,
WHEREAS, Life Care Retirement Communities, Inc., a
non-profit Iowa corporation, is the fee simple owner of all of
Abbey Delray, Phase I, a subdivision in Palm Beach County,
Florida, according to the Plat thereof as recorded in Plat Book
33, Page 180, Public Records of Palm Beach County, Florida, and
all of Abbey Delray, Phase I I. a subdivision in Palm Beach
County, Florida, according to the Plat thereof as recorded in
Plat Book 35, Page 52, Public Records of Palm Beach County,
Florida; and,
=
WHEREAS, Roger G. Saberson, as duly authorized Agent
for Life Care Retirement Communities, Inc" a non-profit Iowa
corporation, has petitioned the City of Delray Beach for the
abandonment of certain public rights-of-way within said Abbey
Delray, Phase I, and Abbey Delray, Phase II, development as
legally described below; and,
-
WHEREAS, Life Care Retirement Communities, Inc., a
non-profit Iowa corporation, has represented and acknowledged to
the City of Delray Beach that it shall be solely responsible for
the upkeep, care, maintenance, and repair of all of the public
rights-of-way and their attendant facilities which are the
subject of this abandonment; and,
WHEREAS, replacement easements are required and shall
be dedicated by virtue of a replat of the subdivision; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate and abandon
said rights-of-way within said Abbey Delray, Phases I and II,
development,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That pursuant to Chapter 177, Section
177,101(5) and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds
to the following described real property:
All of the rights-of-way dedicated for public
use in the Plat of ABBEY DELRAY PHASE I, accord-
ing to the Plat thereof recorded in Plat Book
33, Page 180, of the Public Records of Palm
Beach County, Florida, and all of the rights-
of-way dedicated for public use in the Plat of
ABBEY DELRAY PHASE II, according to the Plat
thereof recorded in Plat Book 35, Pages 52 and
53. of the Public Records of Palm Beach County,
Florida, lying within the boundary of the "')Q
following described parcel: ~ I
Begin at the permanent reference monument at the
Southwest corner of the said Plat of Abbey
Delray Phase II: thence due East, along the
South line of said Plat of Abbey Delray Phase II
and along the South line of the Plat of Abbey
Delray Phase I, 1,339.66 feet to a point on a
curve concave Westerly with a radius of 5,672.58
feet" a central angle of 1 degree 26 minutes 12
seconds and a line radial to said curve bearing
South 89 degrees 15 minutes 40 seconds West,
thence Northerly, along the arc of said curve,
142,24 feet to a point of reverse curvature of a
curve concave Easterly with a radius of 5,786.58
feet and a central angle of 2 degrees 30 minutes
38 seconds: thence Northerly, along the arc of
said curve, 253,55 feet to a point of tangency:
thence North 0 degrees 20 minutes 06 seconds
East, 485,13 feet to a point of curvature of a
curve concave Easterly with a radius of 5,786.58
feet and a central angle of 1 degree 39 minutes
08 seconds: thence Northerly, along the arc of
said curve, 166.87 feet to the Southerly
right-Of-way line of Lowson Boulevard as shown
on the said Plat of Abbey Delray Phase II, said
South right-Of-way line being a curve concave
Southerly with a radius of 850,00 feet, a
central angle of 17 degrees 13 minutes 3~3
seconds and a line radial to said curve bearing
South 4 degrees 16 minutes -3'0'..1 seconds Eas t,
thence Westerly, along the arc of said curve,
255.5~5feet to a point of tangency: thence South
68 degrees 30 minutes 00 seconds West, along
said South right-of-way line, 313.10 feet to a
point of curvature of a curve concave Northerly
with a radius of 950.00 feet and a central angle
of 21 degrees 30 minutes 00 seconds: thence
Westerly, along the arc of said curve and along
said South right-of-way line, 356,48 feet:
thence due West, along said South right-of-way
line, 240.38 feet: thence South 7 degrees 40
minutes 50 seconds West, along the Westerly line
of said Plat of Abbey Delray Phase II, 150.00
feet: thence due West, along the boundary of
said Plat, 100.91 feet: thence South 7 degrees
40 minutes 50 seconds West, along the West line
of said Plat, 667.33 feet to the said Point of
Beginning.
Section 2, That this abandonment is expressly contin-
gent upon replatting the site, thereby granting proper assurances
for access to utilities through the dedication of replacement
easements.
PASSED AND ADOPTED in regular session on this the 12th
day of December, 1989,
MAYOR
ATTEST:
City Clerk
- 2
Res. No. 99-89
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ABANDONMENT
ABBEY DELRAY
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ABBEY DEL RAY
PHASE :II:
PG 52 a 53
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LINTON
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~~~~'~TOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF DECEMBER 12, 1989
CONSIDERATION OF A FINAL PLAT AND ATTENDANT ABANDONMENT
INVOLVING THE ABBEY DELRAY LIFE CARE COMMUNITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an abandonment and of a final plat.
The property under consideration is located at the southwest
corner of Congress and Lowson.
BACKGROUND:
With the widening of Congress Avenue the buffer between Abbey
Delray and Congress was removed. In addition, a portion of the
right-of-way for s.w. 20th Terrace was consumed by the widening.
The community desired to reinstate it's privacy and approached
the City with a request for "privatization" of the street system
and site plan modifications which limit points of access to the
development and provide for a wall along Congress Avenue.
The appropriate method by which to accommodate the community's
desire is through a site plan modification and are-plat.
The P&Z staff report which provides a complete description and
analysis of the project is available in the City Manager's
Office.
p~ANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, on September 18, 1989. approved
the requested site plan modifications and the abandonment, both
subject to conditions. They also authorized proceeding directly
to the City Commission with the boundary (re-plat) once it was
ready for action. A plat submission has been received and is now
ready for action.
RECOMMENDED ACTION:
By Resolution, granting the abandonment of the interior street
system of Abbey Delray (SW 20th Terrace) and approval of the
final plat which consummates the abandonment.
Attachments:
* cover sheet from the P&Z staff report
k reduction of site plan
* Resolution of abandonment (by others)
DJK/#56:CCABBEY
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CITY OF OELRAY
BEACH
STAFF REPORT
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MEETING ~TE: SEPTEMBER 18. 1989
AGeO=l I TEH:
IV. F.
ITEM :
TREET ABANDONMENT FOR ABBEY DELRAY AND ATTENDANT SITE PLAN MODIFICATION
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GENERAL
DATA:
Own.r....................a.ry Vasquez. Lif. C.r. aetir...nt
C~iti... Inc.
Aq.nt....................Roger G. s.berson (~ndon.entl .nd
Digby BridgeS - Diqby Bridq... ~rsh ,
Aa~iat.s. P.A. (Sit. Pl.n
Modific.tion)
Loc.tion.................Sou~.t corner of Conqr... Av.nu. and
Lowaon Boulev.rd
Property Siz.............4.3. Acr.. (~ndonMent.
25." Acr.. (Site Plan Modification)
Existinq Land US. P1an...KP-1S (Multipl. ,..ily _ 1S units/acre.
Proposed Land U.. P1an...Ned1u. Denalty S-12 dve11ift9 units/acr.
(Comprehensive Plan)
City Zoninq..............RN.15 CMultlpl..,..11y Dwel11nq
Dlatr ict J
Adjacent Zoninq..........Nortb ot the subject property i. zoned
R-1AA (Slft91.-,..11y Dwe111nq Di.trict).
South i. zoned R-1A. Ea.t is zoned SAD
(Special Activities Di.trict) and LI
(Liqht Indu.trial). W.st i. zoned RK-10
CMultiple-r..lly Dwelllnq Districtl.
Exlstinq L.nd Use........J60 unit A.C.L.r. and 100 bed
conval.scent home
Propo.ed Land Use........Priv.tiz.tlon (Ab.ndonment) of the
stre.t. (S.W. 22nd Ave.. S.W. lath Ct..
s.w. 20th Ter. and S.W. 11th Ct.) within
the Abbey Delr.y Tot.l Lite Care
Comnunity to provide more s.curity for
the r.Sidents. In addition, con.truct a
6' C.B.S. v.ll. re.rr.nge th m.in
entrance contiqur.tion .nd con.truct .
guard house. clos. ot the entr.nce we.t
of the main .ntr.nce .nd .t the
southeast corner ot the lite .t Conqres.
Ave. The clo..d otf entr.nce at
Congre.. will h.ve _ keyed g.te for
emerqency .cc....
w.t~r Serv1C:C........... .ExiStinq on-site
Sewer Service........... .Existinq on-site
ITEM:
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Oecember 5, 1989
MEMORANDUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST FOR WAIVER OF BUILDING PERMIT FEES - ABUSED
SPOUSE FACILITY
-----------------------------------------------------------------
Background:
Mr. Scott Atkinson, general contractor hired by Don Ralph to
rennovate the Abused Spouse Facility. is requesting Commission
consideration to waive all required building permit fees to this
project. The contractor and all other sub-trades on the job are
providing their services at cost only and in some cases are
donating all materials in their efforts to assist in the
reduction of the overall cost to the project. The permit fees
are estimated at $1,500. The Abused Spouse Facility is
designated as a private non-profit organization.
Recommendation:
Staff is recommending Commission's consideration of this waiver
request.
B:Abused,LB/BI
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11 TKINSON
CONSTRUCTION
SERVICES'
City of Delray Beach
100 N.W. 1st Av.
Lula Butler
Dear Lula:
On behalf of Don Ralph, the owner of the Abused Spouse home
of Delray Beach, 1m writing this letter to request that the
permit fees and any related fees be waived. This project is
a non-profit facility designed to house battered and abused
wonen. Mr. Ralph ovnes two additional half way houses which
are also set up on a non-profit basis. The sub-contractors
and myself are undertaking this project on a limited to non
profit basis. Any assistance from the Delray Beach building
department would be greatly appreciated.
Sincerely,
M~'-
Scott Atkinson, President
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DEe 0 5 .,J
1502 Highland Lane, Defray Beach, Florida 33444 (407) 278-2835
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[ITY DF DELAAY BEACH
CITY ATTORNEY'S OFFICE
MFr10R:'\NDUH
Da~e; Deccm.')er 4, 1989
To; ::i..t.y ('On-lMtSston
~Alcolm T, Bird, Interim City Manager
From; Z;usan A. Ruby, A3sistant Ci ty Attorney
Subject: Gerald ,J, Dip,groan and CarylJ. Dingman vs, City of
D~lray Beach, Florida / Case No, SS-89-017651-RD
Mr:. ilnd Mrs. Dingman have f\,led a small cl"lims suit in Countv
Court against the ci ty. seeking recompense for alleged pL'operty
damage and seeking injunction against further damage.
The City l10tif ied Franklin Code House's insurance company,
Travelers Insurance, as well as Franklin Code Huuse, Weeks and
Calloway, Inc. and Eagle Star Insurance Company about the suit,
The Ci ty, by contract, is reqllired to be named as an additional
insured on Franklin Code House's insurance and by contract. Mr.
House is required to defend and indemnify the City.
TLavelers Insurance Company's lawyer. Karen Hass, appeared at
the hearing to defend the City and sought a dismissal of the
s11it at, the pre-trial hearing. _1udge Clark, deferred ruling on
the Motion to Dismiss. and set a continuation of the neaL'ing
for December 13, 1989,
In the interim. Mr. Di.ngman has submitted a letter offering a
settlement in the amount of $1.,895 and requests that the City
i.nform the new licensee to do all he can t,o minimize stray
balls from encroaching on nearby property. By this letter, our
~ffice is forwarding this settlement claim to Travelers
Insurance Company, Weeks and Calloway. Eagle Star. Insurance
Company and Franklin Code House's at,torney David Schmidt for
their revie',.,.
In addition to t;his la.,suit. our office is bringing to YOlll'
iltt,ent,ion another claim lodged by Mrs. Dariano, arising from
allegations concerning the golf course. seeking payment for a
broken wihdow, for your information.
3~
Ci.ty Commission
Malcolm T. BiL'd, Inter 1m City Manager
December 4, 1989
Page 2
It is our position that if anyone is responsible (other than
the golfers themselves) it "Iould be Franklin Code House,
li,censee an independent, contractor, and not the City. A Third
PaL'ty Complaint bringing Franklin Code House has been drafted
and filed with the Court.
It is our office's opinion that this settlement demand should
be rejected on sovereign immunity grounds and for various other
legal reasons. Should you desire to discuss this matter
further. please do not hesitat.e to contact our office.
Our office requests that this matter be placed on the December
12'18)\ City Commission agenda.
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cc Lee Graham, Risk Management Director
Donna Woods. Gallagher Bassett
Travelers Insurance, Co.
David Sclunidt, Esq.
Eagle Star Insurance Co. of ~nerica
Weeks and Calloway, Inc.
Karen Haas. Attorney for Travelers
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CITY OF DELRAY BEACH, FLORIDA
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cay 01 D.}:~-::V Pl.?3Ul
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Honorable M~yor Doak Campbell
City Commissioners:
November 30, 1989
Re: Case no. SS-89-017653-RD
County Court, Palm Beach County
I apolo~ize for brin~in~ you into court but I knew of no
w~y to correct the situation at the Driving Range.
I worked as Ranger for Mr. House for two years but could not
get him to understand our plight.
We now have new families with small children. True, there
has been no personal injury but I have suffered the greatest
threat and danger. There are three vacant lots to be developed
and when they are they will have equal damage to mine.
This is minor in comparison to the other things on your
agenda. I respect you and love Delray Beach and feel that if you
had loved ones here you would feel as I do.
To resolve the situation I propose two things:
1. That you inform the new lessee that he must do all he
can to maximize the use of the driving range and at the same time
protect the neighbor's ~roperty and keep ;the range balls within
the property limits. (An occasional bal~is no objection but when
....
I pick up 20 balls per ~ off my lawn including the front lawn
something must be done.)
2. My expenses have been much greater than
and I have not listed my attorney's fee or court
wilm agree to accept ~ of the expenses listed of
those listed
costs but I
$1,895.
....
J. Dingman
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FL
33445
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Date- June 27, 1989
DAl1AGES 'ro PROPERTY AT 637 East Dr. Delray Beach, FL
Owner: Gerald J. and Caryl J. Dingman
1. Broken tiles on the roof to the extent all tiles
might be replaced or a Coatin~ System that would prevent
further Dolf-ball d~~age and hold broken tiles in place.
The latter was chosen and installed by~
Hi-Tee Waterproofing. John W. Howatt,
September, 1986 cost $2,63~,
2. 1985 Subaru golf ball dent in the top of the hood
Car purchaser:'. from ';lallace Su1:Jaru ne",.
Cost to repair
1'!arch 1987
223,37
3. Window broken on north side of house Feb. 1989
Repaired by Delray Glass and Mirror
~3.13
~. 1983 Subaru golf ball dent in ,top of hood narro~1y
"1issing "lY head as I ',/2,S '.'Taxing the hooc,. :;:~T)orted
~ DIP I' D t ~'I " 39 9r-~ O~f'
'..10 . e r8.3r 0 l.ce ,ep. ....: :L:_e .:..10 _ - ".)) / , .L :Lcer
T- _ Sunch
Bill Wallace Subaru-
damage estimate
223.87
Grand Total
Gerald J, Dingman
637 East Dr. 33445
2~3-0.327
$3,12~,87
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Tota13,781.06
ADDITIONAL DAMAGES:
Thanksgiving Day Nov. 23, 1989 10:00 a.m.
Three young men were hitting balls from the curved
tee terrace and two balls hit ~y car in the driveway west of
the house. I went over to talk with them and they fled.
Damages were/- Broken windshield $330.84
moulding 92.48
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[ITY DF DELHAY BEA[N ~
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CITY ATTORNEY'S OFFICE
310 S,E, I" STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483
407124J,7090 TELECOPIER 407/278-4755
~EMORANDUM.
:)ate:
JJeccmber :'), 1989
T:) :
~::Lty COlTIrr:iss::..c,n
Malcolm T. Bird. Inter~~ C~.ty Manager
Flnm:
~effrey ~. ~~lLZ, As~.~~~~~~ City A~torney
I
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Subject: Dem~triilS Butts Claim
~1t.. B:.tts has f.ilec a ~:_~,-t~m againS"L the City for false arrest
and imprisonment arising out of his arrest. for resisting an
off.icer, by Officer Messer on December 27. 1987. Mr. Butts is
repL'esented by Sammy Berry, Jr.. Esq. and Mr. Berry, on behalf
Qf his ~lient, has demanded payment in the amount of $50,000.
The City Attorney's Office is continuing to investigate this )
matt,er based on the information that has been uncovered. thus,
( we cannot reconunend a settlement. It would be appreciated if
,""you couln"Place this matter on an upcoming agenda.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
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[ITY DF DELRAY BEA[H
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MEMORANDUM
TO:
Mayor and City Commission
FROM: ~~Malcolm Bird, Interim City Manager
SUBJECT: MAINTENANCE OF GROUNDS- WOMEN'S CLUB ON S. E, 5TH AVENUE
DATE: December 1,1989
A request has been received by this office for landscape maintenance at
the Women's Club. As you may know. we do maintain the park area which
is half of the block on the east side of the Women's Club building,
The amount of area which they are requesting our assistance is fairly
small. I bring this item to you only because our contract with them
requires the Women's Club to do this maintenance. Since this would
represent a change in contractual terms in effect, I have placed it on
your Consent agenda,
Should anyone have a question as to the history or any other relevant
information, please contact my office,
MB:nr
T E: ~''''T AL,',.W; MATTERS
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MEMORANDUM
TO:
Malcolm T. Bird
Interim City Manager
FROM:
Marty Ritchason
Personnel/Labor Relations Director
SUBJECT:
AWARDS COMMITTEE RECOMMENDATIONS
DATE:
December 5. 1989
I concur with the attached recommendation from the Employee Awards Committee,
therefore, I am reque~ting your review. and consent to have this item placed
on the Agenda for the Commission.
~
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Marty Rit son
Personnel/Labor Relations Director
/bh
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MEMORANDUM
TO:
Marty Ritc~\ason, Director. Personnel/Labor Relations
FROM:
Nancy King, Staff Editor/Administrative Assistant
SUBJECT:
EMPLOYEE AWARDS COMMITTEE RECOMMENDATIONS
DATE:
December 5. 19B9
The Employee Awards Committee respectfully submits to you the
attached recommendations for a City of Delray Beach Service
Awards Program and Retiree Awards Program.
I-he Employee Awards Committee, made up of employees from all
levels of the City government, was in full agreement that an
awards program is needed to honor City employees that have
dedicated many years of service to the City of Delray Beach. The
Committee based their recommendations on information received
after surveying neighboring cities on their awards program
polices. ~
The Committee is recommending that the Service Awards be retroac-
tive from October 1, 1989. This recommendation was based on the
premise that if the awards program was to be approved during this
fiscal year, all employees, still working for the City, who
celebrated their anniversary during this fiscal year should be
honored.
The Committee is recommending that the Retiree Awards become
effective on April 1, 1990. The Committee agreed that the
Retiree Awards should not be retroactive to October 1. 1989
because the retirees would have already left the employ of the
City.
The Committee estimates that an approximate total of $3000.00
would be needed to fund awards given under both programs during
the 1989-90 fiscal year. However, the start-up costs for the
Service Awards would be high in the first year because it would
be necessary to order the gifts in large quantities. Therefore,
the Committee request is in the amount of $4000.00. Gifts not
awarded during this fiscal year would be carried into the follow-
ing years. The Retiree Awards would not go into effect until
April 1, 1990, thus the projected costs for the Retiree Awards
during the first year would be lower than in future years.
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Page -2-
E~ployee Awards Committee Recommendations
The Committee recognizes that there has been no budget allocatIon
for an Awards program in the 1989-90 fiscal year. It is the
Committee's hope that the City Commission will approve the
allocation of funds it is requesting for the program. If the
Commission does not feel that it can grant the amount requested,
the Committee would prefer that the awards be decreased in value
rather than not having the program adopted.
If these recommendations meet your approval, the Committee
requests that the recommendations be submitted to the City
Manager for his review and recommendation to the Commission.
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SERVICE AWARD RECOMMENDAT[ONS
A,
SeT-VIce
and will
Awards will be pr-esented beginning
he budgete.:j for each fiscal vear.
October
1,
1989.
8.
Service Awards will
COlltil1ue in 5 year
begin at 5
incl-ements~
vears
of
employment
and
C. Service Award reCipients Will be listed in the NEWS WAVE In
the month prior to the anniversary date.
D. Each Service Award recipiRnt will receive a letter of
congratulations from the City Manaqer. and an invitation to
attend a caffee to be held in tt,e City Manager's conference
room durirlg t~le last week of their anniversary month. One
coffee will De held each month to honor all Service Award
recipients.
E. Service Award Reci.plents attE'nding the coffee will be
introduced and presented with the following:
5 Years A framed certificate and gift valued at $5.00.
10 Years A framed certificate and gift valued at $10.00.
15 Years A framed certificate and gift valued at $15.00.
20 Years A framed certificate and gift valued at $20.00.
25 Years A framed certificate and gift valued at $25.00.
30 Years A framed certificate and gift valued at $30.00.
35 Years A framed certificate .and gift valued at $35.00.
!
F. One standard gift WIll be designated for each category of
years of service. Ideally the gift will have the City of
Delray Beach logo, and will indicate the number of years of
service. Gifts currently being reviewed include~ but are not
limited to:
5 Years Kev Chair
10 Years Umbrella
15 Years Digital Clock
20 Years Picnic Coo 1 er
25 Years Travel/Gym Bag
30 Years Desk Set
35 Years Jacket
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I~. Thl.? ~mr.:1Q'lee SerVIce h!/,j.":Il~jc"-, O\.:l-am ~'Ji It L:'? 3d:Tlln1ste~-ed
"_hrQ:jgr; t~l~? PeT50'lnr~; L:'PS.:3.I-tmpnt and cooT-dlnated by the Sta.ff
~..:. j : ~_ C'TO ,:..:..:\ m 11-: L S t T 6 t: 1 "J e ~~',.-co c: ~ '::, t ~ ; t-
H, n"" 'lest Service Awa, ds "I! 1 be Dresented at d speclal
ce'"eiTIonv tCl be held at the e'-,d of 1'1arch 1n the qVm at the
CcmmlJnitv Center. All I=:~v emoloyees will be
l"vited to attend. Tile Clty Manager will announce the
beginnlllg of the ne~'.J Sel-vlce A;,.-.Jards Piogram. Citv emploYE::'es
v"hos!'? anniversarv date fell between October 1. 1989 and March
31, 1990. will be preSP-TltE,rj L^-.Iltrl Awards. At that time. 39
emolovees will be honored:
5 Yei1rs
(9)
10 Yea.rs
( 16)
15 Years
(11 )
20 Years (3)
5e Lu".... .1.':", 0. bl eakdoWl-: '_-,f S,:.::':- '. i..=.:? ;.,....J,'il-d p/?,:,:: f' i=-"t'-". fOl- the
der of the 1989-90 fiscal year
rem.3.111-
20 Years
15 Years
10 Years
5 Years
Apr i 1 (7) 1 3 3
May (2) 2
June (7) 1 4 2
. July (2) 2
August (2) 1
September (8) 6 1
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BUDGET REQUIREMENT FOR SERVICE AWARDS
Based on present informatIon regarding City employees. and uSlng
the dollar amounts indicated in item (E). the approximate cost
for the, Ser-vice Awards f-or the next three fiscal vea,s would IJe:
1989-90
20 Years
(5)
$100.00
15'Years
( 17)
,,,55.00
10 Years
(27)
270.00
5 Years
( 18)
90.00
$715.00
200.00
(Gifts)
(Certificates and Frames)
TOTAL
1990-91
35 Years (2)
30 Years (2)
20 Years (2)
.
15 Years (7)
10 Years (37)
5 Years (52)
$915.00
$ 70.00
60.00
40.00
105.00
. ,
370.00
260.00
$905.00
200.00
(Gifts)
(Certificates and Frames)
TOTAL
1991-92
25 Years (2)
20 Years (11 )
15 Years ( III
10 Years (32)
5 Years (68)
$1,005.00
$ 50.00
220.00
165.00
320.00
340.00
$1,015.00
200.00
(Gifts)
(Certificates and Frames)
TOTAL
$1,215.00
.
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RE REE AWARD RECUMMENDATIDN~
A. The Retiree Awards will become effective as of April 1. lQ9,).
B. City Employees who retil-e under ~o.ne of the City's PenslD~"
Plans, or who participate in leMA and have a minimum of if)
years of City service, who leave the City In good standing,
and are actually retiring, will receive a Retiree Award. The
Retiree will be honored at a departmental coffee gIvel' 011 the
day of retirement. The City Manager and/or Mayor will,
present the retiree with a plaque and a Gift Certificat~ from
a store pre-selected by the retiree. The dollar amaur1t of the
Gift Certificate will be determined by the number of years of
service. The recommended denominations would be:
10
14 Years
$100.00
15 - 19 Years
$150.00
20
24 Years
$200.00
25+ Years
$250.00
8UDGET REQUIREMENT FOR RETIREE AWARDS
It is difficult to project the "number of employees that will
retire during any given year. According to information provided
by Management Information Systems, 9 employees retired from the
City under one of the City's Pension Plans during fi5cal year
1988-89.
Using the dollar'amounts
the estimated costs for
year would have been:
recommended for the Gift Certificates,
Retiree Awards during the past fiscal
.
10-14 Years
(2)
$200.00
15-19 Years
(2)
300.00
25+ Years
(4)
1.000.00
$1,500.00
(Gift Certificates)
TOTAL
250.00
$1,750.00
(Plaques)
.
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.
MEMORANDUM
TO: Malcolm T. Bird
Interim City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 1990 Innovation Award Program/Ford Foundation
DATE: December 7, 1989
Attached is an application for the
Innovation Award Program for our After
requesting City Commission approval to
possible first prize award of $100,000.
Ford Foundation 1990
School Program. I am
make application with a
LJ \l /)
Recreation
.
.
l
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3~
.
PRELIMINARY APPLICATION
INNOVATIONS IN STATE AND LOCAL GOVERNMENT
1990
SUBMITTED TO
JOHN F. KENNEDY SCHOOL OF GOVERNMENT
HARVARD UNIVERSITY
FROM
THE CITY OF DELRAY BEACH
FLORIDA
.
1\\(1\ nil J\' 1\ " \ IT \\ 11 II J1. \1 ',11\ I H \ \11 \ I 1""" 11 \ I \ ,1111 I
1. \,lllH'n! pl"()~rarll: After School Recreation/Child Care Program
JlJrI..didillll k.g.. \Lllllt.d;l (.111111111: Palm Beach County
Co\t'nHlIl'/JluJlit: City of Delray Beach - Parks and
(,lllllad pn,..llll alld 1](1,,: Ms. Carol Olsen, Recreat ion
\Ltill!I:.!.tddn',,-;: 50 N.W. 1st. Avenue
~t,llf': Florida Ilfl (.lIdt.: 33444
Recreation Department
Superintendent
(.11\"
PII'Illl
Delray Beach
.407(243-7250
"
'1\1il' 11!lllfl..didlllll: ( 11\
I'lljlllLltiPill Ill' 1l1l'I"di.,tI1dl:
X "":111,1111,
45.441
HlII,"
111/,,,1
(ItlIIT
:1. BI')!11ll1111:': ddll' 11/ [1I11~r,!lll "I" ('111111. September 1986
I. T'III'III 1IIIIdl(lllljlll',i"I,,'hITk ,ljJ!'I'llll'l,lIt' .11'1';11:
\llrllllll"tr.lllilll ,IIHI \Lul.l:":!'I)]!,lll
hI.. .llld LlIltlll;d 1\,,111'\
f.oflIIJI11111(',t1ll>1llldilI'llLiIIIIIlI\dll"\
(,Illllrllllllil\ ,ulll Fl'llIliilllll' I l,,\ t,II'rilllt'!!l
LlIlrllt.d fI'llll'\
hhw,lll'ill
EIII In 1I11Jl"!I!;1 I \LlIl.i:.,:t'111"ll!
Ikdtl,
x
1l"1l"1I1~
.I'l!1 TrilI!II11,~ ,111<1 flLIi"ll]!'ll!
111"'11 ."'p;w,. :lIld Ht'II!':IIIIIJj
Pllldil' FI11.I1Wt.
l\dllw""\lf,'I\
!'uldil' \\ Ill-K'/[ldra"!1l11'llln-
....'...r;r1 ."'t'l"\ 1I'1'~
(ldl"I":
.), 11(1\\ ,md \\Iwrt. did \ till 1'';1111 ,d"IIIIIII!!O\:lllllll"': PI":I"" "111'I'lh,
idln!h"IIIi'JlI
X 1.1)11'';I~IH' The City's Grants Administrator contacted the Ford Foundation.
llt'lllt.....lllIl:r1 Pld,III':lIl1l1l
\1.\\..llcllll.I"..\Ll~:l/lll"..
111'1.j""~Hql;ll (,IIIl!,'n'IH'I'
r, \. IbdlO lillll\ Idl'll
(l. ILl... elll ,q'I'III'<1111111 IWl'll "lrlllllilkd Illl JIt'ILdl I!!dll" p1'iI~r;llll 1"'I'ln": ) 1-"
If\,.... \dll,'h \"dr': lqgll 11)::7
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Thi.. JJ!l'lil':llillll Jllll~1 Ill' "1,~))IOd 11\ tlll' Dlrt'l'hll' II{" 1'ljllll,lit'llI Id IIH' 1'1'''!'''II"iJ1IlO il~t.III'\.
I f'I'rtli\ 11101.111 ,hI' III'" 111111\ kllllll'/l'dp', "/I' /l11"ITIIIIIIIII!! l'lll/fll/I/I"/ 1111111' IINi/II'tJ/lllli 1,\ f/I'I'!;f,/I,',
~i)!llallJn'
lhlt,
Doak S, Campbell III, .Mayor
1'1'11l1t.d Il,lIlH' ,lll,j 11111' III \~t'IH'1 Illl'TII>I
.
1\ \11\ \1111\- 1\ '1\ IT \ \111.IIUI. (,11\ fH\\lf\II"'"11'lm.I\II\\ln \1'1'1.11, \1111\
Iln\~rJ'tl: After School Recreation/Child Care Program
1'1t'J::'t' ;lll.::,\q'r tilt' j, dlCl\\ III~ (/IW~tli ill.... \11~\\t'I-'" II hwh !'\n't.d thl' "'Pd('/' fin 1\ id,.d II lilli- of hI-' l'llll"t.l"t't'd. \\ t' II ill.
L'I\\I'\I'L ;lIH'pt \Iord prnl'l.....;t-'d _~IP!dl(',ll]'ill'" 1111! 1'\I.t't,(jltl~ 1\\11 :-:'~" \ I]" flc-q..::"'" \\Ilh Iltl!' ill("!J lIldl'~IJl"'. \\(lld I'I'l'l.I,......,.d ;IPldH..
IIII!I..; flll]"'! IJWllldt' tht-' fllll In! id rllt' qllt....!Hill... ,I... IH,il ;1'" tilt' ;111"'\\1"'1''';. -\11 /"t-"[lfilH'" 111 II,,! Ill' pl'lJltl'd I1lh'tlll) 1Iu'h,. jllllllIl\ lit'.
\/lI'II<'Jll1\11" ll"'l!l~ [t-,du('t'd or (ldlt-'r l'rIllt \\dllllll Iw ;i('("'filt'l!. III prt'p;jnJl~ \llllr JtI...\\t.r.... plt'd:'-t. !n-'lln"'\llllIdIHI,. 1','rtlllf'll!
11J!(ll"Inallnlllllhi'l" thanliJat "!lI>('lfi..a!J\' rt.qUt'-.It'd. TJw ljlW"tll)ll-' -.Illluld ~!lIidt' hut !lllt 11IIlil ~Illlr n."[HI!l:-t'-..
I. 11t''''l'Iillt' I fill[ 11111<1\ ,dll')]
\. \\ kll ,1t'1' It" 11111"/111--"". i,II"III-.. .Illlllll'.illlld.....'
Il. Ifllll j-. it IIIIII'\,III\"~ III \\11.11 \I,j\-. d,l!'''' \'"IJ l'ro'~r,lIl] n'["t""111;1 \'1-";111\" dt'J';trllll" 1111111 pl"1 1'111" Ill'dl-IIf"-:
A. The primary purpose of our program is to reduce idle) non-focused time and
decrease difficulties and problems associated with young school aged children
being left alone in the home prior to a parents return from work. The program
is open to Delray residents between the age of 6 and 15. In order to accomplish
our goals these primarily "latch-keyll children are bussed from their schools
to one of our recreation centers where they receive supervised tutorial, recrea-
tional, field trips and open-play activities. Our program allows these children,
many of whom would not otherwise have the opportunity, to participate in a variety
of meaningful activities which will assist them in the development of strong social
values and inter-personal relationships not often found nor rewarded in the"hostil-
ity of the streets".
B. The concept of after-school programs is not new. What makes our program "uniquel1
is that through the cooperation of the local School Board and funding from the
Palm Beach County Children's Services Council we are able to provide staffing
and services which are program specific. We are also able to conduct the activi-
ties at our recreation centers and not in the typical school settings of most
other after-school efforts. This allows for much greater flexibility and innova-
tion in both program design and operation. e.g. ice skating, ocean awareness, and
other non-traditional recreational activities.
\\ h.ll 11,11 t' IWI'II th,. ",.-.ult, of \ (Illl' IIIIIO\<I! lOll': l ...... II0tll Ilt...., '11[111\ t' ;1111 I '!Ilcltll il.1111 t' 11110 1I-111,l! lilll.
\. \\ hat kl' tilt. pnl.~raJl] lit Pllli('\ atTollll'lJ-.llt'd:
H. ILnt' tllt~rt' Ilt't'Jl Iltll'\[II'"",d n''''lI!l-.'~
1. ILI-.llll-' pnl.~rdll1llt"'lIl't'plit';lIt'd:
A, Our program started three years ago with only 35 children and a budget of $10,000,
This past year we served 256 unduplicated children with a program staff of 19 and
a total annual budget approaching $200,000. This outstanding growth demonstrates
that our program is not only well conceived but is also providing a needed service
within our community.
"
B. Our program is not only addressing the original goals involved with recreational
issues but we find ourselves in a position where we are now responding to social
issues relating to performance and behavior at school and in the home. We have
found that it is difficult to separate the recreational from the social in
ensuring the total well-being of the child.
C. To our knowledge our program is somewhat unique in its format and delivery of
services. Other municipalities have sought our council in their planning of
similar type programs.
l
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.
:{. \\ h.11 fll':-l;j.J,~. i! ,I" .11.1.1 I.. I". "1"11""111" Itl "rd,.! /"1 dll~ 11111011,111"11 I.. "'.11"11 111/1111111'
We are fortunate that our program was developed in response to a joint request
from the Community Chest and the Palm Beach County School Board to provide after
school services to 35 elementary school children. The continued success of the
program is based upon the recognition of the problem and the development of a
program that is "user friendly" to those most in need of the services. The trans-
protation issue was key in making our program workable. Through the cooperation
of the School Board and the local school administrators the children are bused
from school to the various recreation centers. We also maintain Our own buses
for use in field trips and in one instance we pick up children from the school
to bring to our program. We also provide transportation for those in need at the
end of each daily session to pre-arranged drop off sites. Last year 23% of the
children required these additional transportation services in that a parent was
unable to pick up their child at one of our recreation centers.
After the second year of our program we could see that we were in need of additional
funding so as to expand our efforts and reach more children. We were Successful in
obtaining these monies from the Palm Beach County Children's Services Council.
Currently we are in the second year of funding support from this organization.
By forming these community partnerships we are in the hopes that our After School
Program will be view and utilized as a preventative approach rather than a
reactive type of program. This year we are also involved in the establishment of
a Parents Advisory Board.
l. \\ III I ;Irt' 1 IlII r rill 'II! ~.~
\. H(lI\ dll \"'.1 d,'lilll' \11111 ,111'111...':
H, \\11;1111<'1' "IILI~,' (d Ih'.I"'I,<IIII<11 (1I1'Ilh'I" d't!'''' \"111 1'lllgI;llIIIIIIT"llth "'1'1'\,,"
(. 11111\ !I1~llil ,11"111... dill'''' 1"11l1't'lI~t,lIll <IIIT"lIlh "'ITI''-~
A. There are no special eligibility criteria established for participation other
than the requirement of being a Delray Beach resident and be between 6 and 15
years of age. Many of our participants parents fall below the City's median
income level. Our After School Program is proving to be of major benefit for
these children and their families. A number of children are bused to schools
outside the City. Many of our program participants are from this category.
B. A total of 1000 students have been identified as needing after school programs,
Last year we served 256 unduplicated children or 25.6%, In addition the four
elementary schools serve approximately 400 in their programs. Both series of
programs account for a total of 65.6% of the potential users,
C. During the current year 10/1/89 thru 9/30/90 we hope to serve 300 plus
individuals.
,) \\ 11;lll'" \ fill!" l,tJd~l'! ,lIld tilt' "'''!In'I' lit lllll!" tlllitllll~~
For FY 89-90 the total program budget is $192,122. Of this total we will receive
$136,315 from the Palm Beach County Children's Services Council. The City will
provide the remaining $55,807.
I) 111e! \lllJ IIwlulj,,:
\, I Jara ,"""d~ .................... YES
H. ~ipl;lllll"< III Din"'l(I!'! ... . .......... YES
t. ~i\ phHIII(,llplt....'~.................. YES
I J. ",1I~;lddt!......I.d ..t;IItIfWd 11""'11';11.1: . . . . .. YES
~
.
TUITION REIMBURSEMENT PROGRAM
CITY OF DELRAY BEACH FIRE DEPARTMENT
=====================================================================
This policy establishes guidelines for tuition reimbursement for
certified personnel of the Delray Beach Fire Department.
Members are encouraged to enhance their effectiveness through
education and training to develop skills and knowledge and improve
ability to carry out their job duties. The "Tuition Reimbursement
Program" shall provide members with a reimbursement of certain costs
for approved courses from an accredited college, university or a
community college. The major course of study is limited to those
courses that enhance job skills related to fire and rescue service
careers. Personnel employed after October 1, 1989 will not be
considered for tuition reimbursement until completion of his/her
probationary period.
A. Qualifications:
1. At the time of application for participation in the
program, the employee's most current Performance
Evaluation must reflect a rating of "met standards", or
above. Employees who fail to meet these standards will
be considered ineligible for benefits under the program
for the remainder of the evaluation period. At the
Department Head's sole discretion, an interim
performance evaluation may be conducted, provided at
least one quarter has passed since the last rating.
2. All certified members who take course work from an
accredited college, university or community college
relating to fire and rescue service are entitled to
reimbursement of their paid tuition costs subject to
availability of funding in the City's annual operating
budget.
a. Reimbursement shall be based upon the satisfactory
completion of course work.
b.
Members receiving
received tuition
the under.raduate
a grade of
reimbursement
level.
"C" or better will
for course work at
c. Members receiving a grade of "B" or better will
receive tuition reimbursement for course work at
the graduate level.
d. Members receiving a grade lower than those
specified above shall not be reimbursed.
e. Reimbursement shall not be received for
"incomplete" or "withdrawal" or similar situations.
I
t
37
.
f. Reference materials, text books, and manuals,
supplies, travel costs, late registration service
charges, application and examination fees, library
fees and fines, I.D. card fees, student health
fees, medical examinations and/or inoculations
required by the academic institution, and other
costs incidental to enrollment are not
reimbursable.
2. This policy, except as otherwise noted, is effective
retroactive to October 1, 1989,
B. Limitations
1. An annual maximum of fifteen (15) credit hours of
undergraduate and/or graduate course work per employee
will be covered by this reimbursement policy. For the
purpose of this policy the City's fiscal year will be
used to determine annual limits.
a. Tuition costs per credit hour are limited to the
equivalent of tuition costs established by the
Florida State Board of Regents applicable to State
Universities. However employees enrolled in the
Open Learning Fire Service Program may, from time
to time, be assigned to an out of state university.
In such cases, the fee schedule applicable to that
university will be used as the basis for
reimbursement. Otherwise, employees enrolled in
other fully accredited institutions are responsible
for tuition amounts above the fees prescribed by
the Board of Regents on a course by course basis.
b.
Maximum tuition reimbursement will
Associate's Degree - 62
Bachelor's Degree 120
Master's Degree 40
be limited to:
Semester hours
Semester hours
Semester hours
2. Members eligible to receive educational benefits through
the G.!. Bill or similar programs may apply for
reimbursement of only__those tuition costs not funded by
the-ether-program, provided the total annual cost to the
Department does not exceed the maximum credit hours
allowed.
3. Reimbursable graduate level course work is limited to
Lieutenants and above.
C. Member Obligations
1.
The employee shall be responsible
necessary time to attend classes.
for
arranging
l
,
2. Classes will be attended on off duty hours and will not
be attended during the members normal working hours.
,
3. All members receiving, reimbursement under this program
will be obligated to remain employed by the Delray Beach
Fire Department for a minimum of one (1) year following
satisfactory completion of course work.
4. Those members resigning or terminating employment, for
whatever reason, prior to expiration of the required
period, shall refund to the Delray Beach Fire
Department any reimbursements received during the
previous twelve (12) months before receiving their final
paycheck.
D. Applications
1. Members wishing to take part in the program shall submit
a "Tuition Reimbursement Application" prior to
enrollment; and again within thirty (30) calendar days
from receipt of grades.
2. The applicant must provide tuition receipts and official
grade notification with the application.
3.
Applications will be
conditions set forth
to.'
reviewed to insure that the
in this policy have been adhered
\(~ 'fS \Cc,e
Kerry B. Koen
Fire Chief
l
.
.
.
DELRAY BEACH FIRE DEPARTMENT
TUITION REIMBURSEMENT APPLICATION
1. The below listed course credit was obtained from an accredited
college, university or community college.
2. I have satisfactorily completed the below listed course, and have
attached the tuition receipt and official grade notification.
3. I understand that upon receiving tuition reimbursement, I am
obligated to remain employed with the Delray Beach Fire Department
for a minimum period of one (1) year. If I leave the employ of
the City for whatever reason, prior to expiration of the required
period, I will refund the City for tuition reimbursement before
receiving a final paycheck.
4. I am not receiving reimbursement under any other tuition program.
PLEASE PRINT THE FOLLOWING INFORMATION
NAME
RANK
DIVISION
DATE OF HIRE
PHONE #
Pre-approval of Course and Tuition Reimbursement
=============___e___c============a====_==~=====_=========:=======a=:=
Course(s) Title(s)
Estimated Cost:
-========================-=======-===-===_==========E~=a==__=_.___=_=
Approved:
I have successfully completed
(course title)
and
at:
(name of accredited college)
Major Course of Study
Grade achieved
Number o_f~o~rs _earned in this clas~
Tuition cost ~
Total No. hours earned in this program
I have read, understand, and agree to comply with the provisions of
the Delray Beach Fire Department Tuition Reimbursement Policy.
(Date)
(Signature)
----=-.==-=-----_______________a__________=_________=______________.
Approved:
Date:
l
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"
TUITION REIMBURSEMENT PROGRAM
CITY OF DELRAY BEACH POLICE DEPARTMENT
I. PURPOSE: This order establishes guidelines for tuition
reimbursement of this Department's sworn personnel.
II. POLICY: The Department's members are encouraged to enhance
their effectiveness through education and training to
develop skills and knowledge and improve the ability to
carry out their job duties. The Department's "Tuition
Reimbursement Program" shall provide members with a reim-
bursement of tuition costs for approved courses from an
accredited college. The major course of study is limited to
those courses that enhance job skills related to law en-
forcement careers. No members shall be considered for
tuition reimbursement until completion of his/her probation-
ary period.
I II. THE ORDER:
A. Qualifications
1. At the time of application for participation in
the program, the employees most current Performance
Evaluation must reflect a rating of "met
standards", or above. Employees who fail to meet
these standards will be considered ineligible for
benefits under the program for the remainder of
the evaluation period. At the Department Head's
sole discretion an interim Performance Evaluation
may be conducted, provided at least one quarter
has passed since the last rating.
2. All members who take course work from an
accredited college relating to the law enforcement
field are entitled to reimbursement of their paid
tuition costs, subject to availability of funding
in the City's annual operating budget.
a. Reimbursement shall be based upon the satis-
factory completion of course work.
b.
Members r~ce!.",-i~ng ~a, grade of "A", "a", or
w~ilr'receive .100" tuition reimbursement
course work at the undergraduate level.
tic"
for
c.
Members receiving a grade of "a" will
100" tuition reimburse.ent for course
the graduate level,
receive
work at
d. Members receiving a grade less than "e" will
not be reimbursed.
l
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.
e.
Reimbursement
"incomplete"
situations.
sharI not be received for
or "withdrawal" or similar
f. Books, reference materials, supplies, travel
costs, etc. will not be included in the reim-
bursement.
2. Reimbursement is effective retroactive October 1,
1989, for currently enrolled students.
B. Limitations
1. The total annual cost to the Department will not
exceed 15 credit hours per employee. The City's
fiscal year will be used to determine annual
limi ts.
a. Maximum tuition reimbursement will be limited
to:
Associates Degree
Bachelors Degree
Masters Degree
62 semester hours
120 semester hours
40 semester hours
2. Members eligible to receive educational benefits
through the G. 1.- Bill or similar programs may apply
for reimbursement of only those tuition costs not
funded by the other program, provided the total
annual cost to the Department does not exceed the
maximum credit hours allowed.
3. Tuition reimbursement rates shall not exceed credit
hour rates established by the State University Sys-
tem of Florida.
4. Reimbursable graduate level course work is limited
to Lieutenants and above.
C.
Member Obligations
1. The employee shall be responsible for arranging
time to attend classes.
2.
Classes will be attended on
will not be attended during
wor!dnjLhours.
off-duty hours and
the member's normal
3.
All members
program will
D.B.P.D. for
satisfactory
receiving reimbursement under this
be obligated to remain employed by
a minimum of one (1) year following
completion of course work.
I
t
.
,
4. Those m~mbers resigning or terminating employment,
for whatever reason, prior to expiration of the re-
quired period, shall refund the Delray Beach Police
Department for reimbursements before receiving
their final paycheck.
D. Applications
1. Members wishing to take part in the program shall
receive pre-approval from the Captain in charge of
Professional Standards. The application shall re-
main with the member until submitted for repayment.
2. Members wishing to take part in the program shall
submit a "Tuition Reimbursement Application" within
thirty (30) calendar days from receipt of grades.
3. The applicant must provide tuition receipts and
official grade notification with the application.
4. Applicants will be reviewed by the Captain in
charge of Professional Standards to insure the con-
ditions set forth in the Order have been adhered
to.
l
,
.
. PRE-APPROVAL
DATE:
DELRAY BEACH POLICE DEPARTMENT
TUITION REIMBURSEMENT
APPLICATION
1. The below listed,course credit was obtained from an accredited college.
2. I have satisfactorily completed the below listed course, and have
attached the tuition receipt and official grade notification.
3. I understand that upon receiving tuition reimbursement, I am obligated
to remain employed with the Delray Beach Police Department for a mini-
mum period of one (1) year. If I leave the employ of DB PO for what-
ever reason, prior to expiration of the required period, I will refund
DBPD for tuition reimbursements before receiving a final paycheck.
4. I am not receiving reimbursement under any other tuition program.
PLEASE PRINT THE FOLLOWING INFORMATION
NAME
10'
DIVISION
PHONE ,
POSITION
DATE OF HIRE
I have successfully completed
(course title)
at
(name of accredited college)
Major course of study
Grade achieved
Number of hours acquired
Tuition cost $
I have read, understand, and agree to comply with the provisions of
the Delray Beach Police Department"Tuition Reimbursement Policy.
(Date)
(Signature)
===========================================================================
APPROVED
Gerald J, Paller, Captain
Professional Standards Divis,ion
DATE
~
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.
RESOLUTION NO. 97-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, TO THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING
SPECIAL CONSIDERATION REGARDING ROAD IMPROVE-
MENTS TO LAKE IDA ROAD, FROM JOG ROAD TO FEDERAL
HIGHWAY; PROVIDING FOR COPIES; PROVIDING FOR AN
EFFECT'IVE DATE.
WHEREAS, the City of Delray Beach's adopted Comprehen-
sive Plan calls for the acceleration of improvements to Lake Ida
Road east of Congress Avenue, and a restriction on the number of
travel lanes along Lake Ida Road west of Military Trail; and,
WHEREAS, residents along Lake Ida Road have expressed
grave concern about traffic safety; and,
WHEREAS, the City Commission is considering methods by
which to fund road improvements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Palm Beach County Board of County
Commissioners is hereby requested to take into consideration the
Ci ty Commission's posi tion with respect to road improvements on
Lake Ida Road, from Jog Road to Federal Highway, as follows:
(A) That N.E. 4th Street not be widened beyond that
allowed within a sixty-eight foot (68')
right-of-way between Swinton Avenue and N,E. 2nd
Avenue, and not be widened beyond that allowed
within a sixty foot (60') right-of-way between
N.E, 2nd Avenue and Federal Highway;
(B) That the eastern linkage of Lake Ida Road (Con-
gress Avenue to Swinton Avenue) four lane, shall
be accelerated in the five-year plan so that it
precedes construction of any western linkage;
(C) That Lake Ida Road be four-Ianed from Military
Trail to Congress Avenue, provided that a traffic
study is performed in order to identify those
traffic improvements (i.e., turning lanes and
signalization) necessary to adequately provide for
the safe, orderly and smooth flow of traffic, both
vehicular and pedestrian, along this section of
Lake Ida Road;
(D) That any four lane extension of Lake Ida Road west
of Military Trail not be permitted; and,
(E) Consider utilizing bond funds for S,W, 10th Street
to accelerate the Lake Ida Road widening from
Congress Avenue to Swinton Avenue, with Palm Beach
County to reimburse the City's fund at the time
this widening is scheduled in the County road
widening plan, provided said widening occurs
within the time frame of the City's bond issue,
Section 2, That the City Clerk is authorized and
directed to furnish a copy of this resolution to each member of
the Palm Beach County Board of County Commissioners and to the
County Administrator prior to December 19, 1989, on which date
the said Board of County Commissioners has scheduled a public
hearing on the road improvement program and its financing.
3~
,
Section 3. That this resolution shall take effect
immediately upon adoption,
:1
:1
II
II
"
II
I
1
i
i
1
I
PASSED AND ADOPTED in regular session on this the 12th
day of December, 1989.
MAY 0 R
ATTEST:
City Clerk
i:
,!
II
I
I
I
I.
II
II
il
I
I
I
i
,
- 2 -
Res. '10, 97-R'l
CITY DF DElRAY BEACH
.....'t:._~~'/t::,.:.,,~,"' F-1_Of-lIDAJ344-l
j:"'7
MEMORANDUM
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~Robert A, Barcinski, Asst, City Manager/Community Services
SUBJECT: RESOLUTION TO COUNTY LAKE IDA ROAD WIDENING
DATE: December 8, 1989
At the last regular meeting, Commission provided direction to staff
concerning proposed resolution language for the widening of Lake Ida
Road. The proposed resolution has been prepared for Commission
consideration. The elements of the resolution are as follows,
a. That N.E. 4th Street not be widened beyond that allowed within
a 68' right of way between Swinton Avenue and N.E. 2nd Avenue,
and not be widened beyond that allowed within a 60' right of
way between N.E. 2nd Avenue and Federal Highway;
b, That the eastern linkage of Lake Ida Road (Congress Avenue to
Swinton Avenue) four lane, shall be accelerated in the five-
year plan so that it precedes construction of any western
linkage;
c, That Lake Ida Road be four-laned from Military Trail to
Congress Avenue providing that a traffic study be performed in
order to identify those traffic improvements (i.e, turning
lanes and signalization) necessary to adequately provide for
the safe, orderly and smooth flow of traffic, both vehicular
and pedestrian, along this section;
d. That any four lane extension of Lake Ida Road west of Military
Trail not be permitted.
e. ConsiAer utilizing bond funds for the S.W. 10th Street to
accelerate the Lake Ida widening from Congress Avenue to
Swinton Avenue, with Palm Beach County to reimburse the City's
fund at the time this widening is scheduled in the County road
widening plan, provided said widening occurs within the time
frame of the City's bond issue.
RAB/sfd
T..,c ECC'rJRT ALWAYS MATTERS
~
I
.
~ITY OF DELRAY BEACH, FLORIDA
121,492,000
~eneral Obligation Bonds
lMultiple or Capital Projects)
lDecade of Excellence Program)
~eneral Obligation
Il.ond Resolution
adopted December 12, 1989
i4348.23,l147,04:1
51
124
.
127
129
131
133
134
136
138
139
In
143
145
no
~ECTION 1,
~ECTION 2,
~ECTION 3,
~ECTION 4.
5.ECTION 1,
[ECTION 2,
5.ECTION 3,
aECTION 4 ,
5.ECTION 5,
5.ECTION 6.
5.ECTION 7,
aECTION 1,
5.ECTION 2.
5.ECTION 3.
~ECTION 1.
5.ECTION 2.
~ECTION 3 ,
5.ECTION 4.
5.ECTION 5,
5.ECTION 6,
5.ECTION 7.
TABLE OF CON'l'EH'JS
ARTICLE I
DEFINITIONS, FINDINGS AND S TAW TORY
AU '!HORITY
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . .
FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . .
AUTHORITY OF THIS RESOLUTION..",..
RESOLUTION CONSTIWTES CONTRACT".,
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND
REGIS TRATION OF BONDS
AUTHORIZATION OF BONDS,.,.."",..,
DESCRIPTION OF BONDS,."".,.""'.
REDEMPTION PROVISIONS.,..",..".,.
EXECUTION OF BONDS.................
NEGOTIABILITY, REGISTRATION AND
CANCELLATION....................
BONDS MUTILATED, DESTROYED, STOLEN
OR LC5 T. . . . . . . . . . . . . . . . . . . . . . . . .
FORM OF BONDS.... ~ . . . . . . . . . . . . . . . . .
ARTICLE III
COVENAN'lS, FUNDS AND APPLICATION '!HEREOF
FULL FAITH AND CREDIT PLEDGED.....,
APPLICATION OF BOND PROCEEDS....,..
COVENAN'lS OF THE CITY..,..",..,...
A.,
Ii,
~.
Tax Covenant.................
Ad Valorem Tax...............
Creation and Establishment of
a Sinking Fund and Various
Accounts and the Disposition
of Moneys....................
Q.
DISCHARGE AND SATISFACTION OF
BONI:6 . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE IV
MIS CELLANEOUS PROVIS IONS
MODIFICATION OR AMENDMENT..,."....
S EVERABIL ITY OF INVALID PROVIS IONS.
VALIDATION AU'!HORIZED.....,.,.....,
SALE OF BONDS......................
BOND ANTICIPATION NOTES.,...""."
REMEDI.ES. . . . . . . . . . . . . . . . . . . . . . . . . . .
EFFECTIVE DATE.....................
=.i-
~
11121
1(1121)
11123
. (1123)
'(1123)
.1123
U123
11123
U123
3
7
8
8
1
1
2
2
4
5
6
11123
1(1123)
.(1123)
11123
. 1123
11123
U123
11123
. (1123)
11123
. (1123)
11123
1
1
3
3
4
U123
. (1123)
U123
11123
11123
11123
11123
11123
. (1123)
. (1123)
. (1123)
11123
.(1123)
4
6
1
2
2
2
2
3
3
11123
. (1123)
11123
11123
.1123
11123
.1123
11123
11123
11118
RESOLUTION NO.98-89
A RESOLUTION OF THE CITY COMMISSION THE CITY OF DELRAY
BEACH, l.LORIDA, AUTHORIZING THE ISSUANCE OF NO'!' EXCBEDUI;
121,492,000 AGGREGAft PRINCIPAL AMOONT G1llIIERAL cm.IGA'l'ICB
!lONDS (MOLTIPLE PROJEC'JS) OF WHICH. (A) NOT EXCEEDIJII;
$5,180,000 IN AGGREGATE PRINCIPAL AMOUNT SHALL BE msOED
FOR THE PORPCSB OF F:INANCIH:; 'BIB ACQOlSI'l'ICB, t:tt6'DlOC'l'ICB,
RBCOE TROC'l'ION AND BQUIPPING OF CERTAIN FIRB FACILI'l'IIlS;
IB) NOT BXCBBDIJII; $11,207,000 IN JlGGRlIa'l'B PRINCIPAL AMOUNT
SHALL BB I13S0ED FOR THB PORPCSB OF FDlAlllCIJII; 'JBB ACQUlSI-
TION, C0R3TROCTION AND RECONSTROCTIOH OF CERTAIN S'mBBT,
SIDEWALK, ALLEY, RIGH'JS " WAY, ~E AlII) BBAD'l'IFICA'l'ICB
PROJEC'JS; (C) NOT BXCEBDIJII; $4,605,000 SHALL BB .DlSUBD FeR
THB PORPCSB OF FntANCDI; 'BIB ACQUlSI'l'ICB, <XII3'DlOC'l'ICB, l1JJD
EQUIPPING OF IMPROVBMEN'JS '10 CBR'mDI RBCRBA'l'ICBAL AlII) em.-
'!URAL l,ACILITIES; ABD (D) NOT BJI"RImIJG $500,000 IN JlGGRB-
GA'm PRINCIPAL AMOUNT SHALL BB ISSUED FOR THB l'URPCBB fJ1
FINANCUlG 'l'BB ACQOIS ITIOR AND COIIS'l'ROCTION OF VARIOUS
NBIGHBORHooD jJlPROVBIIENT PROJBC'JS, 5W\1IDIJII; FeR 'BIB 'mRIIS
OF SUCH GENERAL CBLIGA'l'ICB !lC>>Q;, PROVlDIJII; FOR 'JBB RIGH'JS,
RBMEDIES AND SECURITY OP 'l'BB 1l0LDBRS OP THB GBNBRAL
OBLIGATION BORIS; ~ CBR'DUR 01IusK COVEIIAII'JB AlII) AGREE-
MBN'lS IN CONNBCTION IIITH THB ISSUANCE OP SOCH GENERAL
OBLIGATION BONDS; AND PROVIDING POR AN BPPBCTIVE DA'm.
150
'53
.54
155
.56
.57
.58
. (58)
.59
160
161
162
163
164
. (64)
165
166
. (66)
167,68
169
170
'71
172
173
IIBBRBAS, the City Commission of the City of Delray Beach, 175
Florida Ithe "Commission"), by Resolution No, 77-89 duly adopted on .76
October 16, 1989 Ithe "Referendum Resolution"), did propose the issu- .77
ance of general obligation bonds of ~e City of Delray Beach, Florida 178
(the "City"), in the aggregate principal ~ount of not exceeding .79
$21,492,000 (the "Bonds") and pursuant to such Re!folution, the .80
Commission ordered a bond Referendum (the "Referendum"), to Qe held .81
on November 21, 1989; and
1(81)
IIBBRBAS, the Referendum was for the purpose of placing .83
before the qualified ~lectors of the City for their approval or dis- 184
approval the question of whether .the City should issue the Bonds to '85
finance the following projects, which Bonds, }tith respect to eacb of .86
the projects may be issued in not exceeding the Aggregate principal .87
amount hereinafter set forth following the designated projects: [ire 188
Facilities Projects--$5,180,000; Street, Drainage, Sidewalk, Alley 1(88)
and !leautification Projects--$11,207,000; Recreational and Cultural 189
Facilities ~rojects--$4,605,000; Neighborhood Improvement 190
I.-I
Res. No. 98-89 148
94348.23,1147.04:1
1(48)
Projects--$500,000, as such Rrojects (collectively, the "Projects") t9l
are more fully described and gefined in the Referendum Resolution; t92
and t(92)
KHEREJIS, th e qual if ied el ector s of th e Ci ty of Del ray t94
Beach, Florida (the "City"), did at ~e Referendum, approve by a t95
maj or! ty vote the issuance of not il.xceeding $21,492,000 general obli- t 96
gation bonds for the purpose of Linancing the cost of acquiring, con- t97
structing, reconstructing and il.quipping of the Projects; and t98
~BREAS, notice of said Referendum was published in the tlOO,lOl
DELRAY BEACH NEWS, a newspaper of general circulation in the City, t(lOl)
Qnd said publication having been made once during the fifth, fourth, tl02
third, ~econd and first weeks prior to the week in which the n03
Referendum was held, to wit: November 21, 1989; and tl04
KHEREJIS, in accordance with applicable Florida law, the tl06
returns Qf said Referendum have been provided to the Commission and tl07
the Commission ~as canvassed and declared the results thereof pursu- tl08
ant to Resolution Ho, 90-89, duly adopted by the Commission on tl09
November 22, 1989; and t(109)
~BREAS, in order for the Commission to effectuate the tllO.l,l
decision of the electors of the ~ity, it is necessary for the t112
Commission to authorize the issuance 2f such general obligation bonds n13
and to provide the terms including the rights, remedies and security n14
for the registered holders of ~e Bonds and to make such other cove- tl15
nants and agreements as it deems necessary. tl16
HOIf, 'l'BBREFORE, BE IT RIlSOLVED BY 'l'BB CITr COIIMISSICIt OF 1117
l.'BE CITf OF DELRAY BEACH, FLORIDA, AS ~.T.nI!:1 t118
.1-2
Res, No, 98-89 t48
t (48)
94348.23,1147,04:1
ARTICLE I 1120
DEFINITIORS, FINDINGS AND S TA'l'O'1'ORY AU'l'Bau'l'f . <120 )
aECTION 1. DEFINITIONS. That, as used in the Resolution, .123
the following ~erms shall have the following meanings unless the text 1124
otherwise expressly requires: . (124)
A. "Act" shall mean the Florida Constitution, Olapter 1127
166, Florida Statutes, as amended and supplemented, !pe City Charter .128
of Delray Beach, as amended and supplemented, And other applicable .129
provisions of law, .(129)
R. "Bond Insurance Policy" shall mean an insurance policy .131
issued tor the benefit of the Holders of any Bonds, ~ursuant to which '132,133
the Bond Insurer shall be obligated to pay when due ~e principal of .134
and interest on such Bonds to the extent of any deficiency in the .135
amounts in the funds and accounts h,eld under this Resolution, in the 1136,137
manner and in accordance with the terms provided in such Bond .138
Insurance Policy, .(138)
~, "Bond Insurer" shall mean the issuer of a Bond 1140
Insurance Policy And its successors. .141
Q. "Bondholder" or "Bolder of Bonds" or " OrIner ," or any .143
2.imilar term, shall mean any person who shall be the Legistered owner 1144,145
of any Bond or Bonds Outstanding under the terms of this Resolution, .(145)
~. "Bonds" shall mean the not exceeding $21,492,000 1147
General Obligation Bonds (Multiple Capital Projects) lDecade of .148
Excellence Program) Authorized to be issued in one or more series .149
pursuant to this Resolution. .(149)
f" "Ci ty" shall mean the City of Delray Beach, Florida, 1151
~, "Commission" shall mean the governing body of the 1153
City. .(153)
H. "Defeasance Obligations" shall mean to the extent per- .155
mitted by law And acceptable to the Bond Insurer if the principal and .156
interest on the Bonds is guaranteed under a Bond Insurance policy and .157
such Bond Insurer is not in default under such policy: .158
~-3
Res. No, 98-89 .48
.(48)
94348,23.1147,04:1
,
li) u. S, Obligations;
lii) any bonds or other obligations of any
state of the Uni ted States Qf America or of any
agency, instrumentality or local governmental ynit of
any such state (a) which are not callable prior to
maturity Qr as to which irrevocable instructions have
been given to the ~rustee of such bonds or other obli-
gations by the obligor to give gue notice of redemp-
tion and to call such bonds for redemption Qn the date
or dates specified in such instructions, (b) ~ich are
secured as to principal and interest and redemption
12r emi urn, if any, by a fund consisting only of cash or
bonds Qr other obligations of the character described
in clause (i) hereof ~ich fund may be applied only to
the payment of such principal Qf and interest and
redemption premium, if any, on such bonds or Qther
obligations on the maturity date or dates thereof or
the .tedemption date or dates specified in the irrevo-
cable instructions referred to in subclause (a) of
this clause (ii), as APpropriate, and (c) as to which
the principal of and interest on ~e bonds and obliga-
tions of the character described in clause .ii) hereof
which have been deposi ted in such fund along with any
Qash on deposit in such fund are sufficient to pay
principal Qf and interest and redemption premium, if
any, on the bonds Qr other obligations described in
this clause (il) on the maturity gate or dates thereof
or on the redemption date or dates specified in the
irrevocable instructions referred to in subclause (a)
of ~is clause (ii), as appropriate;
liii) Evidences of indebtedness issued by ~e
Federal Home Loan aanks, Federal Home Loan Mortgage
1160
1162
1163
1164
1 (164)
1165
1166
1167
1168
1169
1 (169)
1170
U7l
1172
1173
1174
iCl74)
1175
1176
1177
1178
1179
1(179)
1180
1181
1182
1183
1184
1(184)
1185
U87,181
1189
1-4
Res, No, 98-89 148
1(48)
94348,23.1147,04:1
.
Corporation (including Rarticipation certificates),'
Federal ~inancing Banks, or any other a~ency or
instrumentali ty of .!;.he uni ted States of America cre-
ated by an act of Congress Rrovided that the obliga-
tions of such agency or instrumentality gre uncondi-
tionally guaranteed by the united States of America or
any other ggency or instrumentality of the United
States of America or of any ~orporation wholly-owned
by the United states of America; and
1190
1191
1192
1193
1194
. (194)
1195
1196
. (196)
liv) Evidences of ownership of proportionate .198
interests in future interest and principal payments on
Qbligations described in (i) held by a bank or srust
company as custodian.
1199
'200,201
. (201)
1. "Fiscal Year" shall mean that period commencing on .203
Qctober 1 and continuing to and including the next ~ucceeding .204,205
September 30, or such other annual period as may be Rrescribed by .206
law,
.(206)
.r..
"Outstanding" shall mean, when used with reference to .208
the Bonds, as of any Rarticular date, all Bonds theretofore, or .209
thereupon being, authenticated And delivered by the Registrar under .210
this Resolution, except (i) Bonds .!;.heretofore or thereupon cancelled .211
by the Registrar or surrendered to the Registrar for cancellation; .212
(H) Bonds with respect to which all liability Q,f the City shall have .213
been discharged in accordance with Article III, ~ection 3.D of this .214
Resolution; (Hi) Bonds in lieu of or in substitution Lor which other .215
Bonds shall have been authenticated and delivered by the Registrar .216
pursuant to any proviSion of this Resolution; (iv) Bonds ~ancelled .217
after purchase in the open market or because of payment at, or .(217)
Ledemption prior to maturity; and (v) Bonds held by the City. .218
K, "Paying Agent" shall mean the bank or trust company .220
and any successor Qank or trust company appointed by the City to act .221
as Paying Agent hereunder,
. (221)
1-5
Res, No, 98-89 .48
. (48)
94348,23,1147.04:1
!to
"Permitted Investments" shall mean (i)
U,S, 1223
Obligations g.nd (ii) all other investments permitted under the laws 1224,225
of Florida,
1(225)
!:!.'
"Projects" shall mean, collectively, the Fire 1227
Facilities Projects, the Street, Qrainage Sidewalk, Alley and 1228
Beautification Projects, the Recreational and ~ultural Facilities 1229
Projects and Neighborhood Improvement Projects, all as'm4te fully .230
described in Resolution No, 77-89 adopted by the Commission on 1(230)
October 16, 1989,
. (230)
H, "Registrar" shall mean the bank or trust company and 1232
any successor bank or ~rust company appointed by the City to act as .233
Registrar hereunder,
.(233)
Q, "Resolution" shall mean this General Obligation a,ond .235,236
Resolution as from time to time amended and supplemented in accor- .237
dance with the terms l1.ereof.
.238
~. "Serial Bonds" shall mean the Bonds of aniissue other .240
than Term Bonds which ~hall be stated to mature annually. .241
~, "Term Bonds" shall mean the Bonds of an issue ~hich 1243,244
shall be stated to mature on one date and for the ~ortization of .245
which mandatory payments are Lequired to be made into the frincipal '246,247
Account in the Sinking Fund. .248
R, "U.S, Obligations. shall mean the direct obligations 1250
of, or obligations on which the timely payment of erincipal of and .251
interest are unconditionally guaranteed by, ~e United States of .252
America, and, if determined by subsequent proceedings of the City, .(252)
!<.ertificates which evidence ownership of the right to the payment Qf 1253,254
the principal of, or interest on, such obligations. .(254)
~ords of the masculine gender shall be deemed and construed .255
~o include correlative words of the feminine and neuter genders, .256
~ords importing the singular number shall include ~e Plural'number 1257,258
and vice versa unless the context shall otherwise indicate, ~e word .259
"person" shall include corporations, associations, natural persons .260
.1-6
Res, No. 98-89 .48
1 (48)
94348.23,1147,04:1
I
and public bodies unless the context shall otherwise indicate. .(260)
Reference to a person other than a natural person Shall include its .261
successors,
.(261)
~ECTIOR 2. FINDINGS. It is hereby ascertained, determined .265
and declared: .(265)
A. That, for the purpose of providing funds to finance .268
the cost of ~cquiring, constructing, reconstructing and equipping Qf .269,270
the Projects, and other Qosts, necessary or incidental thereto, ~ere '271,272,
shall be issued the Bonds in one or more series in the aggregate .(273)
principal amount of not ~xceeding TWenty-One Million, Four Hundred .274
Ninety-TWo Thousand ~ollars ($21,492,000), Such cost ~all include .275,276
but not be limited to all costs incurred in connection with the .(276)
acquisition, construction, reconstruction ~nd equipping of the .277
Projects, the costs of issuing the Bonds, legal, appraisal, ~ngineer- .278
ing, architectural fees, fees of financial consultants or advisors, .(278)
~e repayment to the City of monies heretofore advanced for such pur- .279
poses, And any other fees or expenses in connection with financing .280
the costs Qf the Projects and the issuance of the Bonds authorized .281
herein to finance such Projects. .282
~, That, for the payment of the costs of the Projects .284
described in ~aragraph A above, ~e City shall geposit the proceeds .285,286
derived from the sale of the Bonds in A special fund in a bank Qr .288,289
trust company in the State of Florida which is eligible ynder state .291
laws to receive deposits of state and municipal funds, ~ich special .292
fund is hereby created, established and designated ~s the .293
.Construction Fund,. .(293)
Moneys on deposit in the Construction Fund may be invested '294,295
in Permitted Investments maturing not later jpan such date or dates .296
on which such moneys will be needed for the purposes of the .297
Construction Fund. .(297)
~-7
Res. No, 98-89 .48
.(48)
94348,23.1147.04:1
~, '!hat, in each year while any of the said Bonds shall 1299
be Qutstanding, there shall be levied, assessed and collected An ad 1300,301
valorem tax without limitation as to rate or amount ypon all taxable 1302
property in the City, ~hich tax shall be in amounts sufficient to 1303
produce the sums necessary to pay the principal of, redemption premi- 1304
urn, if any, and interest on the Bonds, 1(304)
lLECTION 3. AUmORITr OF 'IBIS R!Sa.o'l'ICB. '!his Resolution is 1307
adopted pursuant to the Act. 1(307)
lLECTION 4. RESOLUTION CONSTI'lU'l'ES CON'mAC'l'. In considera- 1309
tion of the acceptance of the Bonds, Authorized to be issued hereun- 1310
der by those who shall hold .the same from time to time, the 1311
Resolution shall be deemed .to be and shall constitute a contract 1312
between the City And such Bondholders, and the covenants and agree- 1313
ments herein 1l.et f,orth to be performed by the City shall be for the 1314,315
~ua1 benefit, protection and security of the Holders Qf any and all 1316,317
of such Bonds, All of which shall be of equal rank and without pref- 1318
erence, ~riority, or distinction of any of the Bonds over Any other 1319,320
thereof except as expressly provided therein And herein, 1321
1-8
Res, No, 98-89 148
1 (48)
94348,23.1147,04:1
ARTICLE II
AO'DIORIZAT10R, 'mRMS, EXECUTIOR J\RD
REGIS'mAT1ON OF BCHl3
1323
1(323)
1 (323)
~ECT10R 1. AO'DIOR1ZAT10R OF BORDS. Subject and pursuant to 1325
the provisions of the Resolution, aonds of the City sre hereby autho- .326,327
rized to be issued in accordance with the terms of this Resolution. 1328
~ECT10R 2. DIlSCR1PTICE OF BCHl3. 'D1ere is hereby authorized 1330
an original issue Qf Bonds to be issued all at one time, or in part 1331
from time to time, as the ~ommission in its discretion shall deter- 1332
mine by subsequent resolution(s) in the aggregate principal amount of 1(332)
,
not exceeding Iwenty-One Million, Four Hundred Ninety-two 'D1ousand 1333
QOllars ($21,492,000) for the eurpose of financing the costs of the 1334,335
Projects, If the Bonds are issued in more than one series, all or 1336
any part Qf any of the Projects may be financed with the proceeds of 1337
a earticular series of Bonds. jhe Bonds shall be issued in regis- 1338,339
tered form, shall be in the denomination of $5,000 each, or any inte- 1340
gral multiple thereof, ~nd shall be numbered separately from Qne 1341,342
upward, ~ach series of Bonds issued with respect to the Projects 1343
shall Qe designated and be identified by the applicable year of 1344
issue, ~s follows: "City of Delray Beach, Florida, General 1345
Obligation Bonds' ~ul tiple Capi tal Projects) (Decade of Excellence 1346
Program), Series 19____", lPe Bonds shall bear interest at not 1347
exceeding the maximum rate or I.ates permitted by law payable by check 1348
or draft made eayable to the Holder of Bonds and mailed to the 1349
address Qf such Holder of Bonds as such name and address shall appear 1350
Qn the registration books of the City maintained by the Registrar at 1351
the close of business on the fifteenth day of the Qalendar month pre- 1352
ceding each interest payment date or on the date the prinCipal sum of 1 (352)
any Bond is paid (herein the "Record Date"); erovided, however, that 1353
payment of interest on the Bonds may, ~t the option of any Holder of 1354
Bonds in an aggregate principal amount Qf at least $1,000,000, be 1355
transmi tted by wire transfer to the Holder ~ the bank account number 1356
11-1
Res. No. 98-89 1322
1 (322)
94348,23.1147.04:1
on file with the paying Agent ~n or before the Record Date. ~e .357,358
Bonds shall mature at such time or times n.ot exceeding twenty (20) .359
years from the date or dates of issuance ~f said Bonds as shall be .360
determined by subsequent proceedings of the City, jpe Bonds authen- 1361
ticated prior to the first interest payment date shall be dated ~nd 1362
bear interest from the date determined by subsequent proceedings of #(362)
~e City. Bonds authenticated on or subsequent to the first interest 1363
payment date gnall be dated as of the date of their registration and .364
shall bear interest from the date of the original issuance of the .365
Bonds, or the next preceding interest payment date on which such .366
interest has been paid, or if ~egistered during the IS-day period 1367
preceding an interest payment date from ~uch interest payment date if 1368
interest is then paid, as the case may be, l;lrovided, however, that if . (368)
and to the extent there is a defaul t in the payment of the interest #369
due on such interest payment da te, ~uch defaul ted interest shall be t370
paid to the persons in whose name Bonds are ~egistered on the regis- .371
tration books of the City maintained by the Registrar at the close of 1 (371)
business on the fifteenth day prior to a subsequent interest payment .(371)
date ~stablished by notice mailed by the Registrar to the registered .372
owner not less than the tenth day preceding such subsequent interest 1373
payment date, such interest shall be payable semi-annually of each .(373)
,
~ear, ~nd shall mature in such ~ears and amounts, all as shall be 1374,375
determined by subsequent groceedings of the Commission,
.377
~EC'rION 3. RBDBMP'tIOIll PROI7ISICIII:i. 'Ihe Bonds may be subject .379
to redemption prior to maturity ~t such times, At such redemption .380,381
prices and upon such terms as ~all be determined by subsequent pro- .382
ceedings of the Commission.
1 (382)
~EC'l'IOIll 4. EXECD'1'IOIll OF BORrS. 'Ihe Bonds shall be executed #384
in the name of the City by the ~ignature of the Mayor of the City #385
(hereinafter "Mayor") ~nd its official seal ~all be affixed thereto 1386,38~
or imprinted or reproduced thereon Wld attested by the City Clerk of 1388
the City (hereinafter "City Clerk"). ~e signatures of said Mayor 1389
AI-2 Res. No. 98-89 1322
94348.23.1147,04:1 .(322)
and City Clerk on the Bonds may be manual or facsimile signatures, 1390
In case anyone or more of the officers who shall have ~igned or 1391,392
sealed any of the Bonds shall cease to be such Qfficer of the City 1393
before the Bonds so signed and sealed ~all have been actually sold 1394
and delivered, such Bonds may nevertheless be sold and delivered as 1395
herein provided and may be issued as if the person who signed or 1396
sealed such Bonds llad not ceased to hold such office. blty Bond may 1397,39,8
be signed and sealed on behalf of the City Qy such person who at the .399
actual time of the execution of such aond shall hold the proper 1400
office, although at the date such aonds shall be actually delivered 1401
such person may not have held il,uch office or may not have been so 1402
authorized,
1(402)
~e Bonds shall bear thereon a certificate of authentica- 1403
tion, in j;,he form set forth in Section 7 of this Article, executed 1404
manually by j;,he Registrar. Qnly such Bonds as shall bear thereon 1405,406
such certificate of ~uthentication shall be entitled to any right or 1407
benefit gnder this Resolution and no Bond shall be valid or obliga- 1408
tory for any purpose until such certificate of authentication shall 1409
llave been duly executed by the Registrar. a,uch certificate of the 1410,411
Registrar upon any Bond executed on behalf Qf the City shall be con- 1412
elusive evidence that the Bond so authenticated has been duly authen- 1413
ticated and delivered ],!nder this Resolution and that the Holder 1414
I
thereof is entitled to the benefits of this Resolution.
1415
In the event the Ci ty shall validate the Bonds pursuant to 1416
g,apter 75 of the Florida statutes, the validation certificate on the 1417
Bonds shall be ~igned with the facsimile signatures of the present or 1418
any future Mayor and City Clerk, as aforesaid, and the City may adopt 1419,420
and use for that purpose the facsimile signature of any ~rson who 1421
shall have been such Mayor and City Clerk at any time Qn or after the 1422
date of the Bonds, notwithstanding that he may have ceased to be such 1423
Mayor and City Clerk at the time Vlen said Bonds shall be actually 1424
delivered.
1(424)
.11-3
Res, No, 98-89 1322
94348,23,1147,04:1
1(322)
6.BCTION 5. NBGOTIABn.I'IY. RBGlS'mATICE AND CANCBLLATICE. At 1426
the option of the registered Holder thereof and upon surrender' (426)
1nereof at the principal corporate trust office of the Registrar ~ith '427,428
a written instrument of transfer satisfactory to the Registrar duly .429
executed by the registered Holder or his duly authorized attorney and .430
upon payment by such Holder of any Qharges which the Registrar may 1431
make as provided in this Section, 1ne Bonds may be exchanged for .432
Bonds of the same series and maturity of gny other authorized 1433
denominations.
.(433)
1he Registrar shall keep books for the registration of 1434
Bonds ~nd for the registration of transfers of Bonds, ~e Bonds '435,436
shall be transferable by the Holder thereof in l2erson or by his 1437
attorney duly authorized in writing only ypon the books of the City .438
kept by the Registrar and only !'!pon surrender thereof together with a 1439
written instrument of 1ransfer satisfactory to the Registrar duly .440
executed by the Holder or his duly authorized attorney. ~on the '441,442
transfer of any such Bond, the City shall issue in the name of the .443
transferee a new Bond or Bonds,
.(443)
Xhe City, the paying Agent and the Registrar may deem And '444,445
treat the person in whose name any Bond shall be registered ]Won the 1446
books kept by the Registrar as the absolute Rolder of such Bond, '447
whether such Bond shall be overdue or not, for the purpose of receiv- 1448
ing payment of, or on account of, the I2rincipal of and interest on .449
such Bond as the same become gue and for all other purposes, All '450,451
such payments so made to any such Holder or upon his Qrder shall be 1452
valid and effectual to satisfy and discharge the liability upon such 1453
Bond to the ex tent of the sum or sums I!O paid, and neither the City, 1454
the Paying Agent nor the Registrar shall be affected by any notice to 1455
the contrary,
. (455)
In all cases in which the privilege of exchanging Bonds or 1456
lransferring Bonds is exercised, the City shall execute ~nd the '457,45!
Registrar shall authenticate and deliver Bonds in accordance with the 1459
11-4
Res. No, 98-89 .322
.(322)
94348.23,1147.04:1
provisions of this Resolution. All Bonds surrendered in any such .460
exchanges or transfers ehall forthwith be delivered to the Registrar 1461
and Qancelled by the Registrar in the manner provided in this '462
Section, lhere shall be no charge for any such exchange or transfer .463
Qf Bonds, but the City or the Registrar may require the 2ayrnent of a '464,465
sum sufficient to pay any tax, fee or other governmental charge .466
required to be paid wi th respect to such ~xchange or transfer, 1467
Heither the City nor the Registrar shall be required (a) to iransfer 1468,469
or exchange Bonds for a period of 15 days next 2receding an interest .470
payment date on such Bonds or 15 days next preceding Any date of .471
selection of Bonds to be redeemed or thereafter until ~ter the mail- .472
ing of any notice of redemption; or (b) to transfer Qr exchange any .473
Bonds called for redemption. However, if less than all of a Term .474
Bond is redeemed or defeased, the City shall ~xecute and the .475
Registrar shall authenticate and deliver, upon the surrender of such .(475)
Term Bond, without charge io the Bondholder, for the unpaid balance 1476
of the principal amount Qf such Term Bond so surrendered, a regis- .477
tered Term Bond in the appropriate denomination, .(477)
All Bonds paid or redeemed, either at or before maturity .478
~all be delivered to the Registrar when such payment or redemption .479
is made, and such Bonds, together with all Bonds 2urchased by the .480,48]
Ci ty, shall thereupon be promptly cancelled, llOnds so cancelled may 1482
at any time be destroyed by the Registrar, who shall execute a cer- 1483
tificate of destruction in guplicate by the signature of one of its .484
authorized Qfficers describing the Bonds so destroyed, and one exe- .485
cuted g,ertificate shall be filed with the City and the other ~xecuted 1486 ,48~
certificate shall be retained by the Registrar, t(487)
liECTIOR 6. BORDS MOTILA'l'ED, DBSBOYED, S'ltLER (E LCBT. In 1489
case any Bond shall become mutilated, destroyed, stolen or lost, ~e '490
City may execute and the Registrar shall authenticate And deliver a .491
new Bond of like date, maturity, denomination and interest rate AS .492
the Bond so mutilated, destroyed, stolen or lost; provided ~at, in .493
11-5
Res. No. 98-89 .322
.(322)
94348.23,1147.04:1
the case of any mutilated Bond, such mutilated Bond gnall first be 1494
surrendered to the City and, in the case Qf any lost, stolen or 1495
destroyed Bond, there shall first Qe furnished to the City and the 1496
Registrar evidence of such loss, theft, or destruction satisfactory 1497
to the City and the Registrar, together with indemnity satisfactory 1498
to them, In the event any such Bond shall be about to mature or have 1499
matured or have been called for redemption, instead of issuing a 1500,501
duplicate Bond, the City may pay the same without ,iurrender thereof, 1502
.'!.he City and the Registrar may charge the Holder of such liond their 1503,504
reasonable fees and expenses in connection with this 1ransaction, 1505
any Bond surrendered for replacement shall be cancelled in the ,iame '506,507
manner as provided in Section 5 of this Article, 1(507)
Any such duplicate Bonds issued pursuant to this Section 1508
shall Qonstitute additional contractual obligations on the part of 1509
the ~ity, whether or not the lost, stolen or destroyed Bonds Qe at 1510,511
any time found by anyone, and such duplicate Bonds shall Qe entitled 1512
to equal and proportionate benefits and rights as to lien on and 1513
source and security for payment f.ran ad valorem taxes, without limi- 1514
tation as to the rate or amount, upon all taxable property in the 1515
City, Xith all other Bonds issued hereunder, 1516
S,ECTION 7. FCEII OF B(HJ;. '!he text of the Bonds shall be of 1518
substantially the following 1enor, with such omissions, insertions 1519
and variations as may be necessary and desirable: 1520
,
.
1.1-6
Res. No, 98-89 1322
1(322)
94348.23.1147.04:1
lForm of Bond)*
1523
* 'Ihe text of the Bonds shall be of substantially the tenor set 1527
forth below. ~rovisions of the Bonds may be set forth on the 1528
back of the Bonds and shall tor all purposes have the same #529
effect as if set forth on the front of the Bonds,
. (529)
No. R
$
1532
Interest
Bate
UNITED STATES OF AMERICA
S,TATE OF FLORIDA
~ALM BEACH COUNTY
~ITY OF DEL RAY BEACH
~ENERAL OBLIGATION BOND
lMULTIPLE CAPITAL PROJEC'IS)
lDECADE OF EXCELLENCE PROGRAM)
S,ERIES 19_
I!a te of
Original
Issue
CUS IP
1535
1536
1537
1538
1540
1541
1542
1543
1546
1547
1548,549
Maturi ty
Date
Registered OWner:
~rincipal Amount:
1552
1554
Beach,
KNCM ALL MEN BY THESE PR&9EN'IS, that the Ci ty of De~ray
Florida, a municipal korporation created and existing under
1556
1557
and by virtue of the laws of j;)le a.tate of Florida (the .City.), 1558,559
hereby acknowledges itself to be indebted, And for value received, 1560
hereby promises to pay 10 the Registered OWner or registered assigns 1561
on j;)le Maturity Date specified above, from the sources hereinafter '562
mentioned, upon the presentation and surrender ~ereof at the '563
.1I-7
Res. No. 98-89 '322
94348,23,1147,04:1
'(322)
principal corporate trust office of
, ~ paying agent .564
(said and any bank or trust company .Qecoming succes- .565
sor paying agent being herein called the "Paying Agent"), ~e .566
Principal Amount stated hereon, lI!tith interest thereon, fran the date .567
hereof, at ~e Interest Rate specified above, payable on !pe first .568
day of and of each year gntil the ~ity's obligation '569,570
wi~ respect to the payment of such Principal Amount shall be dis- .571
charged; provided, however, ~at interest ~all be paid by ~k or .572
draft made payable to ~e Registered Qwner and mailed to the address .573
of ~e Registered Owner AS such name and address shall appear on the .574
registration Qooks of the City initially maintained' by .575
, as Registrar (said and any Qank or .576
trust company becoming successor Registrar being herein called the .(576)
~Registrar") at ~e close of business on ~e fifteenth day of ~e .577
Qalendar mon~ preceding each interest payment date or on the date .578
the principal sum of ~is Bond is paid (~e "Record Date"); erovided .579
fur~er, however, ~at payment of interest on ~e Bonds may, at the .580
option of ~e Holder of Bonds in aggregate principal amount Qf at .581
least $1,000,000 be transmitted by wire transfer to the Holder ~o the .582
bank account number on file wi~ ~e Paying Agent Qn or before the .583
Record Date, ~uch interest shall be payable from ~e most recent .584
interest payment date next preceding ~e gate hereof to which inter- .585
est has been paid, unless the date hereof is an
1 or .586
1 to which interest has been paid, in which case fran .!;tIe .587
date hereof, or unless the date hereof is prior to , 1.9_, .588
in which case from
, 19__, or unless ~e date hereof is .(588)
Qetween a Record Date and ~e next succeeding interest payment date, .589
1n which case fran such interest payment date. ~e Principal Amount, .590,591
plus accrued interest ~ereon, is payable in any coin or currency of .(591)
~e !!nited States of America, which, on ~e date of payment thereof, .592
~hall be legal tender for ~e payment of public and private debts, .593
11-8
Res, No. 98-89 .322
. (322)
94348,23.1147,04:1
~is Bond is one of an authorized issue of Bonds of the 1595
City gesignated as the General Obligation Bonds (Multiple Capital 1596
Projects) lDecade of Excellence Program), Series 19____ (herein 1597
called the "Bonds"), in the aggregate principal amount of not exceed- 1598
ing $ of like gate, tenor, and effect, except as to 1599
number, date of maturity ~d interest rate, issued for the purpose of 1600
paying the cost of financing the Projects las defined in the 1601
Resolution hereinafter referred to), ynder the authority of and in 1602
full compliance with the Constitution And Statutes of the State of 1603
Florida, including particularly ~apter 166, Florida Statutes, as 1604
amended and supplemented, the City Charter of Delray Beach, as 1605
amended and supplemented, And other applicable proviSions of law, and 1606 ,
a resolution duly Adopted by the Commission ~n December 12, 1989 1607,608
(herein referred to as the "Resolution"), ~d is subject to all the 1609
terms and conditions of the Resolution: 1(609)
Reference is hereby made to the further proviSions of this 1610
aond set forth on the reverse side hereof and such further provisions 1611
~hall for all purposes have the same effect as if set forth on the 1612
front side hereof, 1613
It is hereby certified and recited that all acts, ~ondi- 1614,615
tions and things required to exist, to happen And to be performed 1616
precedent to and in the issuance of this Bond, ~xist, have happened 1617
and have been performed in regular and due form And time as required 1618
by the Laws and Constitution of the State of florida applicable 1619
thereto, snd that the issuance of this Bond and of the Bonds of the 1620
issue of ~hich this Bond is one does not violate any constitutional 1621
or ~tatutory debt limitation or provision; ~at due provision has 1622,623
been made for the levy and collection ~f an ad valorem tax in addi- 1624
tion to all other taxes heretofore levied and by the City collected, 1(624)
gpon all the taxable property within the City ~ufficient to pay the 1625,62E
principal of, redemption premium, if any, and interest on ~aid Bonds 1627
as the same shall mature and become due, And that the full faith and 1628
1I-9
Res. No. 98-89 1322
1(322)
94348,23.1147.04:1
credit of the City is hereby irrevocably pledged for the punctual 1629
payment of the principal of, redemption premium, if any, snd interest #630
on this Bond, as the same shall become due and payable,
IBack of Bondl
lInsert applicable redemption provisionsl
1(630)
1632
1633
lhe original registered owner, and each successive regis- 1635
tered owner of ~is bond shall be conclusively deemed to have agreed 1636
and consented to ~e following terms and conditions:
1637
11) The Registrar shall maintain the books of the City for 1639
the registration of Bonds ~nd for the registration of transfers of 1640
,
Bonds as provided in ~e Resolution. The Bonds shall be transferable 1641
by the registered Qwner thereof in person or by his attorney duly 1642
authorized in writing Qnly upon the books of the City maintained by 1643
the Registrar and only upon ~urrender hereof together with a written 1644
instrument of transfer ~atisfactory to the Registrar duly executed by 1645
the registered owner Qr his duly authorized attorney, Upon the 1646
transfer of any such aond, the City shall issue in the name of the 1647
transferee a new ~ond or Bonds,
.648
12) The City, the paying Agent and the Registrar may deem .650
gnd treat the person in whose name any bond shall be registered upon .651
~e books kept by the Registrar as the absolute owner of such Qond, '652,653
whether such bond shall be overdue or not, for the purpose of receiv- .(653)
ing eayment of, or on account of, the principal of and interest on .654
such bond sS the same becomes due, and for all other purposes, All '655
~uch payments so made to any such registered owner or upon his order .656
~all be valid and effectual to satisfy and discharge the liability .657
ypon such bond to the extent of the sum or sums so paid, And neither 1658,659
the City, the Paying Agent, nor the Registrar shall be affected ~ .660
any notice to the contrary.
.(660)
II-lO
Res. No. 98-89 .322
.(322)
94348,23.1147,04:1
13) At the option of the registered owner thereof and upon t662
surrender hereof At the principal corporate trust office of the .663
Registrar with a written instrument of transfer satisfactory to the .664
Registrar duly executed by the registered owner or his duly autho- .665
rized sttorney and upon payment by such registered owner of any .666
Qharges which the Registrar or the City may make as provided in the .667
Resolution, the Bonds may be exchanged for Bonds of the same ~eries .668,669
and maturity of any other authorized denominations. .(669)
14) In all cases in which the privilege of exchanging .671
Bonds Qr transferring Bonds is exercised, the City Shall execute and .672
the Registrar shall authenticate and deliver Bonds in accordance with .673
the I2rovisions of the Resolution, '!here shall be no charge for any .674
such ~xchange or transfer of Bonds, but the City or the Registrar may .675
Lequire payment of a sum sufficient to pay any tax, fee or other gov- .676
ernmental sParge required to be paid with respect to such exchange or .677
,transfer, Neither the City nor the Registrar Shall be required la) .678,679
to transfer or exchange Bonds for a period of 15 days next I2receding .680
an interest payment date on such Bonds or 15 days next preceding ~ny .681
date of selection of Bonds to be redeemed or thereafter until after .(681)
the mailing of any notice of redemption; or <b) to transfer or .682
~xchange any Bonds called for redemption, Rowever, if less than all 1683,684
of a Bond is redeemed or defeased, the City shall ~xecute and the 1685
Registrar shall authenticate and deliver, upon the surrender of such 1(685)
Bond, without charge 10 the Bondholder, for the unpaid balance of the 1686
principal amount Qf such Bond so surrendered, a registered Bond in 1687,68E
the appropriate denomination, 1(688)
1I-11
Res, No. 98-89 1322
1(322)
94348,23,1147,04:1
~N WITNESS WHEREOF the City of Delray Beach, Florida, a i690
municipal Qorporation of the State of Florida has Qaused this Bond to i69l,692.
be executed by the manual or facsimile signature of its Mayor and the i694
corporate seal of said City or a facsimile thereof, to be affixed i(694)
hereto, imprinted or otherwise reproduced hereon, attested by the i(694)
City Clerk of the said City, by her manual or facsimile signature, 1(694)
~ll as Qf the Date of Original Issue.
i695,696
~ITY OF DELRAY BEACH, FLORIDA
i699
BY
Mayor
i70l
i (7011
i702
i704
iSEAL)
Attest:
City Clerk
i706
i(706)
iFORM OF CERTIFICATE OF AUTHENTICATION)
i709
Qate of Authentication:
i712
1his bond is one of the Bonds delivered pursuant to the i7l5
within mentioned Resolution of the City Commission of the City of i7l6
Delray Beach, tlorida,
i7l7
AS Registrar
i720
i722
i723
Qate of Authentication
DY
Authorized Officer
i726
1(726)
II-12
Res, No, 98-89 i322
i(322)
94348,23,1147.04:1
iFORM OF VALIDATION CERTIFICATE)
.729
lOnly applicable if Bonds are validated under Chapter 75 of the #732
noridaStatutes.l .733
Ibis Bond is one of a series of Bonds which were validated .736
by judgment of tpe 15th Judicial Circuit Court in and for Palm Beach .737
County, Florida, rendered on the
day Qf
19_ .738
~ITY OF DELRAY BEACH, FLORIDA .741
.743
Mayor .744
#746
~ity Clerk .747
ASSIGNMENT AND TRANSFER .751
[OR VALUE RECEIVED the undersigned sells, assigns and .753
transfers unto .754
#756
.758
.760
lP1ease print or typewrite name and address of transferee)
tpe within Bond and all rights thereunder, and hereby irrevocably .761
~onstitutes and appoints
.762
.763
Attorney to transfer the within Bond on the books kept for ~egistra- .765,76E
tion thereof, with full power of substitution in the premises, .(766)
Qa ted:
In the presence of:
.769
.771
1I-13
Res. No, 98-89 .322
. (322)
94348,23,1147.04:1
ARTICLE III
COVEBAH'lS, FOHI:6 ARD APPLICATION TBEREOF
.773
t (773)
S,ECTION 1. FULL FAITH ARD CREDIT PLEDGED. '!be full faith #775
and credi t of the Ci ty Ellall be pledged for the payment of the Bonds t776
issued under the provisions of this Resolution, gnd due provision #777,778
shall be made for the levy and collection Q,f an ad valorem tax upon t779
all the taxable property ~ithin the Ci~ sufficient to pay the prin- t780
cipal of, redemption premium, if any, gnd in~erest on the Bonds as t78l
the same shall mature and become due,
t (7 8ll
S,ECTION 2. APPLICATIOR OF BORD PROCEEDS. All moneys t783
received by the Ci ~ from the sale of the Bonds Qriginally authorized t784
and issued pursuant to the Resolution Shall be gisbursed as follows: t785
A. The accrued interest derived from the sale of the #788
~onds Ellall be deposited in the Interest Account, hereinafter 2.reated #789,790
and established, and used for the purpose of paying interest on the t(792)
Bonds ~s the same becomes due and payable.
#793
:a. The balance of the proceeds of the Bonds shall be t795
deposited in ~e Construction Fund created pursuant to Article I, t796
Section 2B, Qf this Resolution, and such proceeds shall be used t797
solely and exclusively tor the purpose of financing the costs of the t798
Projects in accordance with the provisions of this Resolution, t799
~ach of the Projects shall consist of various components t800
,
,Ulerein referred to as "Component" or "Canponents"), ~e Canponents t80l,80.
comprising each of the Projects, with the estimated costs for each, . (802)
sre more fully described in the report submitted to the Commission .803
snd attached to the Referendum Resolution as Exhibit A and by this .804
~eference incorporated herein,
.805
Hotwithstanding the principal amounts assigned to each .806
Component, ~e actual cost of a particular Component may be greater .807
or less ~an the estimated cost allocated to such Component. !f the '808,80!
actual cost of a Component is greater than the amount allocated to it .(809)
in such Exhibi t A, the City may provide for such deficiency from .810
111-1
Res. No, 98-89 .772
. (772)
94348.23.1147,04:1
Qther available funds or from surplus funds that had been allocated .811
10 another Component of the same Projects, If the actual cost of a '812,813
Component is less than that allocated in such Exhibit A, ~e City may .814
use such surplus for other Components of the same Projects. If, .815
after application of the foregoing, there remains insufficient funds' (815)
10 complete a Component due to unforeseen cost escalations or failure .816
10 receive anticipated governmental grants or private contributions, .817
Qr other unexpected circumstances, the City may delete a part of such .818
Component Qr modify such Component so that such Component may be .819
completed. ~e City will not delete any Component to generate sur- .820
,
plus moneys for other ~omponents, nor will it expend Bond proceeds in .821
excess of the amounts allocated to each of the Projects in .822
I
Exhibi t A,
.(822)
ll1at the area of the Ci ty in which the Ci ty will finance .823
the lieighborhood Improvement Projects shall be bounded by East .824
Atl antic Avenue ,to the South, the Right of way line of the FEC .825
Railway to the East, liortheast Second Street to the North and North .826
Swinton Avenue to the West iherein called the "Old School Square .827
Area"),
.(827)
ypon certification in writing by the City Manager of the .828
City that ~e Projects have been completed, any money remaining in .829
the Construction rund, in the discretion of the City, may be used in .830
any manner which, in ~e opinion of Bond Counsel to the City, will .831
.
not adversely affect the exclusion of interest on the Bonds f.rom .832
gross income for Federal income tax purposes. It not otherwise used .833
or said opinion is not delivered, said money ~emaining in the .834
Construction Fund shall be deposited into the Principal Account and .835
Interest Account in the Sinking Fund and used solely for purposes .(835)
thereof.
. (835)
.'Ihe proceeds of the sale of the Bonds il.hall be and '837,83!
constitute trust funds for the purposes ~ereinabove provided/and .839
1II-2
Res. No, 98-89 .772
. (772)
94348.23.1147.04:1
there is hereby created a lien upon such moneys, until so applied, in 1840
favor of ,the Holders of said Bonds, 1841
~ECTION 3. COI7ENAN'JS OF 'mE CITY. So long as any of the 1844
principal of or interest on any of the Bonds shall be Outstanding and 1845
unpaid, or gntil there shall have been set apart in the Sinking Fund, 1846
consisting of the Interest Account and frincipal Account ~erein cre- 1847,848
ated and established, a sum ~ufficient to pay, when due, the entire 1849
principal of ~he Bonds remaining unpaid, together with interest 1850
accrued and to accrue thereon, or until the provisions of 1851
Section 3,n, of this Article III have been complied with, the City 1(851)
covenants lI'.i th the Holders of any and all of the Bonds issued Rursu- 1852,853
ant to the Resolution as follows: 1(853)
A. TAX COVENANT, The City covenants as follows, with 1855
respect to the Bonds lI'.hich, when initially issued, are the subject of 1856
an opinion of Rond Counsel to the effect that interest thereon is 1857
excluded from gross income for Federal income tax purposes pursuant 1858
to the Internal Revenue Code of 1986, as amended (the "COde"), or any 1859
successor thereto: 1(859)
lil '!he City shall comply with each requirement 1861
of the ~ode necessary to maintain the exclusion Q.f 1862,863
interest on the Bonds from gross income for Federal 1(863)
income tax Rurposes. In furtherance of the covenant 1864
contained in the preceding ~entence, the City agrees 1865
to comply with the provisions of the Tax ~rtificate 1866
as to Arbitrage and Instructions as to Compliance with 1(866)
the frovisions of Section 103 (a) of the Internal 1867
Revenue Code of 1986, as amended lthe "Tax 1868
Certificate") executed by the City on the date of ini- 1(868)
tial issuance and delivery of the Bonds, as such Tax 1869
Certificate may be amended from time to time, as a 1870
source of guidance for achieving ~ompliance with the 1871
Code. 1(871)
.lII-3
Res, No. 98-89 1772
1(772)
94348.23.1147,04:1
lii) The City shall make any and all payments 1873
required to be made to the United states ~partment of 1874
the Treasury in connection with the Bonds pursuant to 1(874)
Section 148 (f) Q,f the Code, 1875
Hil) Notwithstanding any other provisions of 1877
this Resolution to the contrary, ioO long as necessary 1878
in order to maintain the exclusion from gross income 1(878)
Qf interest on the Bonds for Federal income tax pur- 1879
poses, the covenants Qontained in this Section shall 1880
survive the payment of the Bonds and the interest 1881
thereon, including any payment or defeasance thereof, 1(881)
liv) The Ci ty shall not use or permit the use #883
of any of the proceeds Qf the Bonds, or any other 1884
funds of the City, directly or indirectly, 10 acquire 1885
any securities, obligations or other investment prop- 1(885)
erty, and ~hall not take or permit to be taken any 1886
other action or actions, which )!ould cause any Bond to 1887
be an "arbitrage bond" as defined in Section 148 Qf 1888
the Code, 1(888)
~. AD VALOREM TAX, 'n1at in each Fiscal Year while any of 1890
the Bonds are outstanding and J.P1paid, there shall be levied and col- 1891
lected a tax on all the taxable property )!ithin the City sufficient 1892
to pay the principal of, redemption premium, if any, and interest on 1(892)
the Bonds as the same become gue and payable, And the City is and 1893,894
shall be irrevocably and unconditionally Qbligated to levy and col- 1895
lect ad valorem taxes without limitation as to rate Qr amount on all 1896
the taxable property within the City, sufficient in ~ount to pay all 1897
principal of, redemption premium, if any, and interest on said Bonds 1(897)
as the same shall mature and become due. 1898
~, CREATION AND ES TABLISHMENT OF A S INKING FUND AND 1900
VARIOUS ACCOUN'lS AND 'mE DISPOOITION OF MONEYS, There are hereby 1(900)
created and established the following fund and accounts: 1901
lII-4
Res, No, 98-89 1772
1(772)
94348,23.1147.04:1
.i
THE "SINKING FUND" .904
All of the moneys raised by said ad valorem tax on the tax- .906
able proper ty ~ithin the City for the purpose of, redemption premium, .907
if any, paying the principal of ~nd interest on the Bonds herein .908
authorized shall be deposited Qy the City in a special fund to be .909
known as the "Sinking Fund" ~hich is hereby created and established. .910
The moneys in said S inking Fund Wlall be used solely for the payment .911
of the principal of gnd interest on said Bonds as the same become due .912
and payable ~nd the registered owners of said Bonds shall have a .913
first lien Qn all such moneys in the Sinking Fund until paid and .914
applied in the manner permitted in this Resolution. .915
~ere are also hereby created and established two (2) sepa- '916,917
rate accounts in the Sinking fund to be known as the "Interest .918
Account" and the "Principal Account." .919
~e moneys at any time on deposit in the Sinking Fund shall '920,921
be disposed of only in the following manner: .922
l, Moneys shall first be used, to the full extent neces- '924,925
sary, for deposit into the Interest Account in the Sinking Fund to .926
pay interest ~coming due on the Bonds on the next semi-annual inter- .927
est payment date, provided, however, that deposits for interest shall .928
not be required to be made into the Interest Account to the extent .929
that money on deposit therein is sufficient for such purpose. .930
4. Moneys shall next be used, to the full extent neces- .932
sary, for deposit into the Principal Account in the Sinking'Fund to .933
Rrovide for the required principal amount maturing ~nd becoming due '934,93~
on the next ~nnual maturi ty payment date provided that deposits for .936
interest shall not be ~equired to be made into the Principal Account .937
to the extent ~at money on deposit therein is sufficient for such .938
purpose, .(938)
:rhe Ci ty shall, to the extent of any moneys in the .939
Principal Account, be mandatorily obligated to use such moneys for .940
the ~edemption prior to maturity of Term Bonds in such manner and at .941
lII-5
Res. No, 98-89 .772
. (772)
94348,23.1147.04:1
such .times as shall hereafter be determined by subsequent proceedings .942
of the Commission. . (942)
l. The Sinking Fund and the accounts therein ~all Qonsti- '944,945
tute a trust fund. lhe amounts required to be accounted for in the .947
Sinking Fund and ~ach of the accounts designated herein, may be .948
deposited in a single bank account maintained by the City provided .949
that sdequate accounting procedures are maintained to reflect and .950
control !pe restricted allocations of the amounts on deposit therein .951
for the yarious purposes of such fund and accounts as herein .952
provided, lhe designation and establishment of a fund and accounts .953
in and by this ReSOlution shall not be construed to require the .954
establishment of ~ny completely independent fund and accounts but .955
rather is intended solely to constitute An allocation of moneys col- .956
lected by the imposition of ad valorem taxes, .(956)
Moneys on deposit in the Sinking Fund may be invested in '957,958
U,S, Obligations or any other Permitted Investments maturing not .959
later than such date or dates as the 5:;ity shall determine. .960
All income and earnings received from the investment And '963,964
reinvestment of moneys on deposit in the Principal Account snd .965
Interest Account in the Sinking Fund ~all be retained therein and .966
shall be A credi t against deposits required by this Resolution. .967
Q. DISCHARGE AND SATISFACTION OF BONa;, The covenants, .969
liens and pledges entered into, created 2r imposed pursuant to the .970
Resolution may be fully diScharged And satisfied with respect to the .971
Bonds in anyone or more of !pe following ways: .972
1i) by paying the prinCipal of and interest on .974
Bonds when the same shall become due and 12ayable; or .975
1ii) by depositing in the Interest Account and .977
Principal account, or in such other Accounts which are
irrevocably pledged to the payment of the Bonds, as
the City may hereafter create and establish by
I.esolution, certain moneys which together with other
.978,97S
. (979)
. (979)
.980
lII-6
Res, No, 98-89 .772
. (772)
94348.23.1147.04:1
moneys lawfully available therefor ~all be sufficient
at the time of such deposit to pay ~e principal of
and interest on the Bonds, and the redemption Rremium,
if any, as the same become due on said Bonds on or
Rrior to the redemption date or maturity date thereof;
or
'981
.982
.983
.(983)
.984
.(984)
liii) by depositing in the Interest Account and .986
Principal Account Qr ~uch other accounts which are
irrevocably pledged to the payment of the Bonds as the
City may hereafter create and establish by reSol~tion,
moneys, tLhich together with other moneys la~f61lY
available therefor when invested in Qefeasance
Obligations, tLill provide moneys which ~all be suffi-
cient to pay the principal of and interest on the
Bonds, snd the redemption p'remium, if any, as the same
'987,988
. (988)
.989
.990
'991
'992,993
1(993)
'994
sh all become due on said Bonds on or prior to the '995
- .
~edemption date or maturity date thereof, '996
liv) Notwithstanding the foregoing all refer- '998
ences to the discharge and satisfaction Qf Bonds shall
include the discharge and satisfaction of any issue of
Bonds, sny portion of an issue of Bonds, any maturity
or maturities of an issue of aonds, any portion of a
maturity of an issue of Bonds or any combination
thereof,
Iv) If any portion of the moneys deposited for
the Rayment of the principal of and redemption premi-
um, if any, and interest Qn any portion of Bonds is
not required for such purpose, the City may use the
"
smount of such excess free and clear of any trust,
lien, security interest, pledge or assignment securing
said aonds or otherwise eXisting under this
Resolution,
.1II-7
1999
'(999)
nooo
nOOl
, (100l)
1(1001)
n003
n004
n005
, (1005)
n006
'(1006)
n007
1(1007)
Res, No. 98-89 '772
, (772)
94348.23.1147,04:1
~pon such payment or deposit in the amount and manner .1009
2rovided in this Section 3.0, of Article III, the Bonds shall no .1010
longer be g,eemed to be Outstanding for the purposes of the Resolution 11011
gnd all liability of the City with respect to the Bonds shall Qease, 11012,101
terminate and be completely discharged and extinguished, snd the .1014
Holders thereof shall be entitled for payment solely out of .!;,he 11015
moneys or securities so deposited. Hotwithstanding the foregoing, in .1016,10]
the event that the payment or deposi t in the amount and manner pro- n018
vided in this Resolution has been made by the Bond Insurer under the .1019
terms Qf the Bond Insurance Policy, j;pe Bond Insurer shall be sOOro- n020 ,10:
gated to the rights Qf the Holders of the Bonds and the liability of 11022
the Ci ty, l!!i th respect thereto, ~ha11 not be discharged or 11023,10:
extinguished, .(1024)
,
III-8
Res, No, 98-89 .772
.(772)
94348,23,1147,04:1
ARTICLE IV 11026
MISCELLANEOOS PROIlISIOE 1 (1026)
liECTION 1. MODIFICATION OR AMENDMENT. Except as otherwise n028
provided in the second paragraph hereof, no material modification or .(1028)
amendment of the Resolution, Qr of any resolution amendatory thereof n029
or g,upplemental thereto, may be made without the consent in ~riting U030 ,10:
of the Holders of two-thirds or more in principal ~ount of the Bonds .1032
then Outstanding; provided, however, that no modification or amend- .1033
ment shall permit a change in the maturity of such Bonds or a reduc- 11034
tion in the rate of interest !pereon, or affecting the unconditional .1035
promise of the City to levy, assess and collect an ad valorem tax .1036
without limitation as to rate or amount upon all taxable property in .1037
the City Qr to pay the principal of, redemption premium, if any, or .1038
interest on the Ronds, as the same mature or become due, from g,aid ad n039,10
valorem tax, or reduce the percentage of aolders of Bonds required 11041
above for such modification or S!l\Iendments, without the consent of the n042
Holders of all the Ronds, n043
lhis Resolution may be amended, changed, modified and 11044
altered ~ithout the consent of the Holders of Bonds, Ii) to cure any '1045,10
ambiguity, correct or supplement any Rrovision contained herein which .1047
may be defective or inconsistent with any other provisions contained n048
herein, lii) to provide other changes which will not adversely ~fect 11049,10
the interest of such Holder of Bonds, liB) to maintain the exclusion n05l
of interest on the Bonds from gross income for Federal income tax 11052
purposes; Qr (iv) implement a Bond Insurance policy, issuance of .1053
Bonds in coupon form if, in the opinion of a nationally recognized .1054
bond counsel, such issuance ~ill not affect the ~xemption from fed- 11055
eral income taxation of interest on the Bonds, .1056
.Eor purposes of this Section 1 of Article IV, to the extent n057,lC
the Bonds are insured by a Bond Insurance Policy gnd such Bonds are .1059
then rated in as high a rating category in which such Bonds were .1060
rated at the time of initial issuance ilnd delivery thereof, mr either n06l,lC
Standard << Poor's Corporation or Moody's Investors Service, !pen the .1063,1(
IV-l
Res, No, 98-89 .1025
.(1025)
94348,23,1147,04:1
consent of the Bond Insurer jihall constitute the consent of the 11065
Holders of the Bonds ~rovided such Bond Insurer is not in default 11066
under the Bond Insurance policy,
11067
~ECTIOR 2. SEVERABILITY OF INVALID PROI7lSI<IE. If anyone n069
or more of the covenants, agreements or erovisions of the Resolution 11070
should be held contrary to any ~xpress provision of law or contrary 11071
to the policy of express law, though not expressly prohibited, or 11072
against public policy, Qr shall for any reason whatsoever be held 11073
invalid, then such Qovenants, agreements or provisions shall be null 11074
and void and ~all be deemed separate from the remaining covenants, 11075
~greements or provisions, and shall in no way affect the yalidity of Il076,10~
any of the other provisions of the Resolution or Q,f the Bonds or cou- 11078
pons issued hereunder.
1(1078)
S"ECTIOR 3. VALIDATIOR AUTHORIZED. In the event the n080
Commission determines it is in the Qest interests of the City to val- 11081
idate the Bonds, the City Attorney is h,ereby authorized to file 11082
appropriate proceedings in the Circuit Court Q,f the Fifteenth 11083
Judicial Circuit of Florida in A,nd for Palm Beach County for the val- 11084,10:
idation of the Bonds, A,nd the Mayor and City Clerk of the City are 11086
hereby authorized to sign any pleadings ln such proceedings for and 11087
on behalf of the City,
1(1087)
S"ECTIOH 4. SALE OF BONDS. The Bonds shall be issued and 11089
sold at one time or from time to time, in such manner and at such 1(1089)
price or prices Qonsistent with the provisions of the Act and the 11090
requirements of the Commission A,S shall hereafter be determined by 11091
subsequent proceedings.
1(1091)
S"ECTIOH 5. BOND ANTICIPATION HO'l'ES. '!he City may, if it 11093
determines it to be in its best financial interest, lssue its bond 11094
anticipation notes in order to temporarily finance the cost Qt the 11095
acquisition and construction of the Projects as provided in this 1(1095)
Resolution. The City shall by eroper proceedings authorize the 11096
issuance and establish the details Q,f such bond anticipation notes 11097
.lV-2
Res, No, 98-89 11025
1(1025)
94348,23.1147.04:1
,
,
pursuant to the provisions of Section 215,431, llorida statutes, as 11098
amended.
'(1098)
~ECTION 6. REMEDIES. Any Bondholder, to the full extent '1100
permi tted by the laws of the ~tate of Florida or the United States of 11101
America, may sue to protect and ~nforce any and all legal rights; to .1102
seek the appointment of a receiver; ~nd to enforce and compel the .1103
performance of all duties ~equired by this Resolution,
.1104
~ECTION 7. EFFECTIVE DATE. '1his resolution shall take 11106
effect immediately upon its ~doption,
11107
~assed and adopted in regular session on this 12th day of .1108
Ilecember, 1989.
11109
ATTES T:
CITY OF DELRAY BEACH, FLORIDA
11112
By:
Mayor
11114
11115
~i ty Clerk
I,V-3
Res, No, 98-89 '1025
'(1025)
94348.23,1147.04:1
RESOLUTION NO. 101- 89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLTJ-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his deSignated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
\'lHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his deSignated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the huild-,
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
\~HEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to ,the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
I'lHEREAS, the Ci ty Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
HHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THP.
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1c
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid withj,n
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Reach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee. .
PASSED AND ADOPTED in regular session on this the
, 1989.
day
of
ATTEST:
MAY 0 R
City Clerk
,
- 2 -
Res. No. 101,89
NOTICE OF ASSESSMENT
Date
TO: Matthew and Martha Mitchell
ADDRESS: 324 NW 11th Avenue, Delray Beach, Fl 33444
PROPERTY: 601 SW 3rd Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION:
Lots 30 and 31, Block 15, Town of Delrav accordin2
to Plat Book 13, Page 18 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1,760.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 5-24-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 10-3-89
at a cost of $1,760.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
M E M 0 RAN DUM
,
TO:
Malcolm T. Bird, Interim City Manager
THROUGH:
John W. Elllott, Jr., Asslstant Clty Man~~
Management Servlce ~'IL--
Ted Glas, Purchaslng Dlrector ~~
FROM:
DATE:
November 29, 1989
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING _
DECEMBER 12, 1989 - BID AWARD - BID #90-05
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contract to low
bidder, Abisset Corporation for rental rehabilitation
project totaling $13,610, Per the Budget Office, funding
for the City's matching share is from account
#118-1975-554-60,23 (Community Development - Rental Rehab
Program - Housing Rehabilitation) ,
Background:
The Community Development Divislon handles and processes
their formal bids on rental rehabilltation projects,
Purchasing's review of Bid
compliance with City purchasing
bidder is, as follows:
=90-05 finds
procedures,
it
Low
to be in
responsive
Property
1119 Germantown Road
Contractor
Abisset Corporation
Amount
S13,610,
Recommendation:
Staff recommends award to
for total cost of $13,610,
low bldder, Abisset Corporation,
Funding as stated above,
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Yvonne Kincaide
Lula Butler
Dorothy Ellington
4t-k
M E M 0 RAN DUM
TO:
MALCHOLM BIRD, INTERIM CITY MANAGER
DOROTHY ELLINGTON, CD COORDINATOR ~ ~
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
FROM:
THRU:
DATE:
NOVEMBER 20, 1989
RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
SUBJECT:
In accordance with the City of Delray Beach Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one Rental
Rehabilitation Deferred Loan. The program provides for the
rehabilitation of investor owned substandard units, located
within the CDBG Target Area. Contract awards are based on actual
cost of the rehabilitation to an eligible structure. Owners are
eligible for a dollar for dollar match of Rental Rehabilitation
Funds for total cost, not to exceed $8,000 per unit.
Community Development staff provided the detailed work write-ups,
cost estimates for work specifications, and bid process on all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
i
Inspection of work will be done by the City's Community
Improvement Department and the Community Development Division.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specification and program guidelines.
Pay requests will require both contractor's and owner's
signatures. Funds will be disbursed on a dollar for dollar basis
matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements
as specified in the Rental Rehabilitation Program description.
;
1
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14
.
~
J
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID II: 90-05
APPLICANT: ELIZABETH GONZALAZ/IRENE NEAL
APPLICATION II: 89-014RR
PROJECT ADDRESS: 1119 GERMANTOWN ROAD
DATE OF BID LETTERS: NOVEMBER 3. 1989
DATE OF BID OPENING: NOVEMBER 16. 1989
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP.
$
$
$
$
B & JR CONSTRUCTION
DARRYL L, COOK
FEC MANAGEMENT INC.
FIRST CONSTRUCTION OF THE PALM BEACHES,INC,
HENRY L, HAYWOOD
$ 20.970.00
$
MJD CONSTRUCTION SERVICES
$ 20.000.00
TOMMY PRESTON
$
$
$ 13,610.00
BERNIE HANUS
ABISSET CORPORATION
IN - HOUSE ESTIMATE: $14,845.00
CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION
BID/CONTRACT AMOUNT: $ J 3, 610. 00
COMMENTS:
LOWBrn
RR6
I
~
!
.
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CASE# PROPERTY RR DEFERRED
ADDRESS LOAN
OWNER'S
MATCH
TOTAL
CONTRACT AWARD
89-014RR 1119 GERMANTOWN RD 6,805.00
13,610.00
6,805.00
RR14
.
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t1tJI b41Inr :1iii"!t'
MEMORANDUM
TO:
Robert A. Barcinski
Assistant City Manager
FROM:
Joe Dragon
Assistant Director Parks
& Recreatiof
THRU: Joe Weldon
Director Parks & Recreation
SUBJECT: APPROVAL OF GYMNASTICS CONTRACT
DATE: November 30, 1989
BACKGROUND
Boca Academy of Gymnastics, has requested to provide the City four (4)
weeks of Gymnastic instruction for the children in our Afterschool
program, commencing on January 2, through January 30, 1990. The
student instructor ratio is not to exceed eight students to one
instructor, and there are 236 children. The City agrees to pay Boca
Academy $2,75 per student, per week for four(4) 9Heeks of instruction 1
--total amount $2,596.00. Monies are available 'for funding out of the
Children's Services Council, 001-4105-572-34.11. I have attached a
copy of the Gymnastics Contract previously reviewed by the Assistant
City Attorney.
ACTION
City Commission is requested to approve the Gymnastic Contract fees
and dates, for Afterschool'Program, as per the attached contract.
RECOMMENDATION
Recommend Commission approves Gymnastic Contract fo~ Afterschool
Program.
REF:GYMAGEND.DOC
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M~~>j~, :>"~$~.J'<,""~i'B'M-1T~Jikis.i!'''''"""""" 'iil~,;,
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AGREEMENT
This Agreement made 3.nd entered into this
day
of
1989 by iind between the City 0f
Delray Beach,
Florida.,
a
i"lorida municipal corporation,
(hereinafter referred to as "City"), and Boca Academy of
Gymnastics, ruc, (hereinafter called Boca Academy).
WIT N E SSE T H :
WHEREAS, the City desires to provide gymnastics
instruction for children enrolled in its Parks and Recreation,
Afterschool Recreational Program; and,
WHEREAS,
Boca
AC3.deroy desires
co provide
said
instruction, in accordance with this Agreement.
NOW, THEREFORE, in consideration of the premises and
the mutua-l_ benefits wnich will acc'r'ue to the parties hereto in
carrying out the terms of this Agreement, it is mutually
understood and agree~ as follows:
1. Boca Academy agrees to provide the City four(
weeks of gymnastic instructions commencing
, January 2 , 19 ~~ throuqh January 30
1990., (J'
0'
4 )
on
2. Said instruction shall be given by properly
certified instructors supplied by Boca Academy.
The student instructor ratio is not to exceed
eight students to one instructor.
3. The hours of instruction to be provided by Boca
Academy are as follows:
110nday "~ : ,10, p.m. :!: 30 p.m.
Wednesday 2: .11) P,fTI. 3:30 p.m.
Friday J..~ : G C' P,I:1, 4:45 p,m,
.
~
,
.
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.
'~ {'.1';~~,qj"I~,nr:~;e~'J1&_i!il::r:.!{:,,~f'
4. The student
following:
Monday
Wednesday
Friday
totals shall not exceed t.he
,
82
96
58
transpon: students to and from
::. .
':'he City shall
Boca Academy.
6.
~
The ci ty agrees to pay Boca Academy $ 2.75
student per week for the four (4) wreks
instruction, to be paid one(1) week after services
per
of
re.ndered.
'7, The City agrees to provide Boca Academy with an
accurate student count at least one (1) week in
advance for billing purposes.
8, The City and Boca Academy agree to allow each
other to distribute informational materials
about their respective programs to each others
general client base as appropriate.
9. Boca Academy agrees to provide the fol,lowing
minimum insurance:
--,
a) Worker's Compensation - statutory :lj,mi ts'
b) General Liability Insurance in the amount
of $500,000. .',
c) Automobile Insurance within statutory
requirements.
dl A Certificate of Insurance shall be
provided by Boca Academy to the City. Said
certificate shall provide thirty (30) days
noti~e of cancellation or expiration. The
City shall be named as an additional
insured as to the General Liability
Insurance requirement of this agreement.
10. Boca Academy shall indemnify, save and hold
harmless the City, its officers, employeees and
agents because of any injury or alleged injury
(including death) arising from any negligence,
recklessness, willful or wanton, or intentional
act or omission of Boca Academy, its officers,
agents, employees, instructors, or servants
whil!"2 pcrformirlg t~c :::crvices ;:~C)vided i:-,.. t~is
Agreement:.
2
I
~
.
11, This Agreement may be terminated by the c\ ~v
without cause, upon seven ('7) days Wrltten
not ice to Boca Academy, This Agreement may be
terminated ir'1mediate~_~T \-.,~: either par~y U~O:l.
written notice for any breach or default of this
contract.
l'='. The utficels, a.gents, employees, inSLr1Jc~(i~.~J
and servants of Boca .~cademy sh21l ~r.; C:i:: ::_~-j:~
integrity and moral characcer, Boca Academy
shall insure that the aforesaid persons meet all
statutory requirements and any (Jt:~~r ",':-':C=;'_:,,=c
l~ws. rules and regulations promulgated to
i,nsure the welfare and safety of the children
entrusted to their care.
13. Boca Academy is an i.ndependent contro1ctor under
this agreement and shall assume 011 of ~ [iC'
rights, obligations and liabil.i.ties appliu,~:_
to it as an independent contractor hereunder
14.
Neither party to this Agreement
this Agreement or interest therein
written consent of the other.
shall ass L~n
without prior
is.
This contract will be governed by the lal"s of
the State of Florida with venue in Palm Beach
County, Florida.
16.
This Agreement contains the entire
between the parties. MOdification
Agreement shall be in writing.
agreement
or thj~:;
,
17,
If any clause or provision contained within this
Agreement shall be determined by a court to be
invalid, in whole or in part, than such clause
or provision shall be held to be of no effect
and the remainder of the contract shall remaHl
operat,ive and in full force and effect.
.
,
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
Cicy Clerk
Frrr-r:.\'l~d as
l-- ~:'
'P ,- ......,...~ .
. .__ ..L.
City Attorney
3
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. G\l~~'O~~
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c~G~" 01' \'Ii''.-. '. c ,0"
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'i>< } l~i/ /l
~?~.---M/h /-11, ^---l0~.(Jf'
. Fresldentl} Bacd Academy of
f Gymnastics, Inc.
, ("',
'/--,_.'>c ./ / -
Witness
, /
~"~-4-J
Witness :Curporate Seal)
,
S':.aLe of F/r:'A.lC/,"f--
County of l~~; fl, /Z-:::,,4C /;
I rlEREBY CERTIFY that on this daLe before me, an
offi.cer duly authorized in the state and c:ounV: >'::'~::cd above tu
- \ \ . . \
",ke acknowledgments, personally appeared -, \,\,..- "" \,<, ,~I(F
\ -
,CllGWn tv me to be the persons described in and who executed I:J"
f0tegoing instrument as
~ '-. (., \ , ,
of Q, I,,. 'r,"'''''' "'"' (, "r."'.;}" " a corporation
, \ \, ~ "
ldws 0:( t.he state of \.\1'" '\'-..;;.. (; '--
,\
\ -\
"
\ ,,-..;..~. ,\Cj....'
-
organized
"--~I:'GC.:':
-'
They acknowledged Defore
me that they executed the foregoing instrument as such officers
In the name and on behalf of the corporation, and that they
also affixed thereto the official seal of the corporation.
-\\,
SWORN TO AND SUBSCRIBED before me this 1,- _' a'll' of
,
\\ ,
\ ~ ~',
, 1989.
~, ((~:~ ~. \
~~-0~1~ ( '--.
, '\
\
My Commission Expi'0~:
r
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.
ItlTln PIJ8LTC ST.t1t: Cf F!.'Y;~p
n COIC'HSSrC;j ~'r
I-"r", 'C'"
4
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~.~~~."II.. .PJ:...a~FJ~ICA TE OF INSURANCE.
PRODUCER
; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICA TE 00"'<:: ''''''IT A.MENO,
EXTEND OR Al TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW
ISSUE OA TE (MMlDDfVY)
11/8/89
RHULEN
217 Bpn.\OWA Y
MONTICELLO, N, y, 12701
Phone: 914 . 194-8uuo
COMPANIES AFFORDING COVERAGE
CODe
SUB-CODE
C~~~~NY A
MIC Property and Casualty
INSURED
C~~~~NY B
Boca Academy of Gymnastics Inc.
990 So Roger Circle l
Boca Raton FL 33486
L~~~~NY C
C~T~~~NY 0
C~~~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLlC~ES OF INSURANCE LISTED BELO'" HA'~'E BEErJ ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY rERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM o.~ CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INC:' ':C "~r. .1>,TOROED BY Tl-lE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES ur.::T,:, ,'_nu..,. :.lAY HAve dl:.c.N f1EOUCEO BY PAID CLAIMS.
CO
ILTR
Type OF INSURANce
POLICY NUMBeR
POLICY EFFECTIVE POLICY eXPIRA nON
DATe (MM/DDIYY) DATE (MMIDDIYY)
ALL LIMITS IN THOUSANDS
GeNERAL liABILITY
r. c."''::: MADE
~CCUR
HGS0020621
5/1/89
5/1/90
GENERAL AGGREGATE
PROOUCTS-COMP/OPS AGGREGA TE S
PERSONAL & ADVERTISING INJURY S
NONE
1,000
r:8HH
X CC;:.I.\,:E"- ':", -:;ENERAL c
OWNERS & CONTRACTORS PROT
EACH OCCURRENce
FIRE DAMAGE (Anyone fire)
MEDICAL EXPENSE (P,ny one persu"
COMBINEO
SINGLE S
LIMIT
BOOIL Y
INJURY $
(Per person)
BODilY
INJURY
(Per accident)
s
50
AUTOMOBILE LIAB1Lll y
",., ;.~ ~O
ALL OWNED AL T~"
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE L1ABlllT)
PROPERTY
DAMAGE
s
Excess LIABILITY
EACH
OCCURRENCE
S
AGGREGATE
~.; ni:H T MAN :,.'MBkELLA FORM
WORKER'S COMPENSA TION
STATUTORY
s
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
DISEASE-EACH EMPLuYEEj
AND
EMPLOYERS' LIABILITY
OTHER
Exclusions: Sexually transmitteJ diseases, tanning a~vices, sexual abuse, designated
products desigr,cd by YOU 01 U, \uur design specifications.
DESCRIPTION OF OPERA TIONS/LOCATlONSIVEHICLESIRESTR1CTI0f\:S. SPECIAL ITEMS
Certificate holder added as an additional insured with respects to the operations of
the named insured.
CERT1FICA 7E HOLDER
CANCELLA TIC"
City of Delray Beach
50 N \7 1st Ave,
Delray Beech FL
')').
-.--+-."1'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO
MAil ~__ T'.WS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUT Ft.,I~~ i\,B}; r!i ~.!MPOSE NO OBLIGATION OR
LIABILITY OF A~.YY K Kllr/J '. U UPPOONN PANY, 1T~~lTS OR REPRESENTATIVES
AUTHORIZED REPR~S., ., '1!I/f..A~..J-"
(#/ Vi.ce PuaW."
<CACORD CORPORATION 1988
STTN Park & Rec Division
ACORD 25.S (3/88)
I
,
,
,
M E M 0 RAN DUM
TO:
Malcolm T. Bird, Interim:ity Manager
THROUGH:
John W, Elliott, Jr" ASslstant City Manag(S/~
Management Services ~~
. ~/L
Ted Glas, Purchas1ng Director jV/vr
FROM:
DATE:
December 5, 1989
SUBJECT
DOCUMENTAT:ON - CITY COMMISSION MEETING _
DECEMBER 12, 1989 - BID AWARD - BID =90-06
KNOWLES PARK BOAT RAMP REHABILITATION
Item Before City Commission:
The City Commission 1S requested to award
bidder, Lucas Marine Construction, Inc.,
$33,532, Per the Budget Office, funding
#334-6111-539-61,61 (General Construction
Outlay - Boat Ramp - Knowles Park)
contract to low
at a cost of
1S from acoount
Fund Capi tal
Background:
Scope of Work:
This project entails the rehabilitat10n of the boat ramps
and piers at Knowles Park, Cracks ~nd spalls will be
repaired on the piers as well as the replacement of all
fenders, A wheel stop will be added to the end of the ramp
to prevent trailers from falling off the ramp, Crushed
limerock gravel will be placed waterward of the ramp to fill
in the scour hole at the end of the ramp, Filter ~loth will
be placed beneath the gravel to reduoe settling of the
:naterial,
Bids on this project were reoe1ved December 1, :989 from two
(2) oontractors, all in accordance with City purChaSing
procedures, (Bid ~90-06, Documentat:on on file 1n the
PurChaSing Office,) A tabulation of bids is attached for
your review,
Recommendation:
Staff recommends award to the low
Ccnstruction, Inc" (Option ~~) at
533,532, per the unit pri~es and
Funding as outlined above.
bidder I Lucas Marine
the total amount of
es~imated quantit1es,
Attachments:
Tabulation of Bids
Memo from Director at Parks & Recreation
Memo from City Engineer
pc
Yvonne Kincaide
Joe Weldon
Gates Castle
I
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MEMORANDUM
TO: Robert A, Barcinski
Assistant City Manager
FROM: Joe Weldon lJ
Director of Parks & Recreation
~UBJECT: Bid #90-06 Pier Improvement at Knowles Park
DATE: December 4, 1989
BACKGROUND
The Parks and Recreation Department received a 100% reimbursable
grant from the Florida Boating Improvement Program in the amount
of $36,000.00 for the fOllowing improvements at Knowles Park:
Pier (3) repair
Repair ramp and enhancement
Ramp toe protection
Resurface parking lot
Restroom renovation
TOTAL
$ 3,500.00
$20,000,00
$ 3,000.00
$ 5,500.00
$ 4.000.00
$36,000.00
ACTION
Bids were opened on December 1, 1989 (Bid #90-06) for pier and
ramp enhancement. The apparent low bidder is Lucas Marine
Construction Company at $33,532.00 (Option #2). I have spoken to
Susan Yinger of Palm Beach County who suggested the City send a
letter requesting the agreement be amended to reflect the higher
cost.
RECOMMENDATION
Recommend Commission award bid to Lucas Marine in the amount of
$33,532.00 for Knowles Park pier and ramp enhancement.
JW: jmh
REF:JW344
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
TED GLAS
PURCHASING DIRECTOR
FROM: I< .', GATES CASTLE, P.E.
)J ~ l.. CITY ENGINEER
DATE:
DECEMBER 4, 1989
SUBJECT:
KNOWLES PARK BOAT RAMP REHABILITATION
BID # 90-06
Engineering Department has reviewed the bids for the subj ect
project received 12/01/89. We recommend award of a Contract
to Lucas Marine Construction, Inc., for option #2, in the
total amount of $33,532,00. This recommendation is conditional,
pending completion of a reference check, now in progress.
GDC:slg
I r~ '; , ~.-;
~('-
M E M 0 RAN DUM
TO:
Malcolm T, Bird,
Interim City Manager ~
THROUGH: John W, Elliott, Jr" Assistant City Manage'
Management Services
FROM:
Ted Glas, Purchas~ng Director
Ifff
DATE:
DecerrtJer 5,
1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 14, 1989 - BID AWARD - BID #89-97
OFFICE SUPPLIES - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to
bidder, Decora Office Furniture at an
of $32,500, Per the Budget Office,
various departments operating budgets
Supplies & Operating Supplies),
award contract to low
estimated annual cost
funding is from the
(35-11 & 35-15/0ffice
Background:
To promote cost effective procurement, commonly used office
supplies warehoused in our central stores are put out for
competitive bids on an annual contract baSIS, wIth
firm/fixed pricing for warehoused items. For additIonal
Items not warehoused, (Estimated @ $10,000, annually), we
receive a discount from list price,
Bids for this contract were received on October 16, 1989
from seven (7) area vendors all in accordance with City
purchasing procedures, (BID #89-97, Documentatiorr on fIle
In the Purchasing Office.) A tabulation of bids is attached
f')r your r-eview.
Recommendation:
It is recommended that the annual contract be awarded to the
low bidder, Decora Office Furniture, for the estimated
annual amount of $32,500, Funding as stated above, In
addition, it is recommended that the second low bidder,
Barnett's Office Supplies, be designated as back-up supplIer
for office supplies, should awarded vendor not be able to
supply items in a timely manner.
/
~
Attachments:
Tabulation of Bids
pc Yvonne Kincaide
~
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MEMORANDUM
RECEIVED
~.C
'C 0 6
89
COAfAf. s~
cs. GROop
TO:
Robert A. Barcinski
Asst. City Manager/Community Services
FROM:
William H. Greenwood
Director of Public Utilities
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER
12, 1989 - PURCHASE OF EQUIPMENT
DATE:
December 5, 1989
Item Before City Commission
Purchase of backhoe for Water Distribution Division in the amount
of $35,000.
Backqround
Existing equipment was purchased in 1972. Estimates to repair
range from $14,772.00 to $21,383.00. Estimates do not include
internal gears this requires extensive dismantling. The
Wastewater Division purchased an equivalent machine and the
company representative will honor the price and the extendahoe
feature at this time.
Recommendation
Staff recommends the purchase of the equipment.
available under fund code #441-5161-536-60.89.
Funds are
I
t
4fE
1
,
MEMORANDUM
TO:
Malcolm T. Bird
Interim City Manager
William H. Greenwood .;;.(.
Director of Public Utilities
~/
THRU:
FROM:
Al Monteleone
Superintendent of Water Distribution
SUBJECT:
NEW BACKHOE
DATE:
December 5, 1989
The attached requisition is to purchase a new 1990 Backhoe to
replace existing Dynahoe Backhoe #493.
Expenditures to maintain our existing 1972 Backhoe are becoming
excessive. Down time is creating difficulties in performing work
on schedule. The unit is experiencing hydraulic, brake,
transmission and steering failures.
We have received repair estimates ranging from $14,772.00 to
$21,383.00. It is our conclusion that it would be best to
purchase a new backhoe rather than repair a 17 year old machine
that could still have problems with items that were not included
in the estimate to repair. Due to the unknown extent of repairs,
this item was not budgeted for this FY. We recommend that the
new unit be purchased.
We contacted the Case Equipment General Manager and he
to the 1989 price which was offered to our Wastewater
Division. This letter is attached for reference.
has agreed
Collection
w' /':0" 'Z~
d ...-:'~'% ~ 1'),-
Al Monte eone
AM: smw
ATT:
cc: William H. Greenwood, Director of Public Utilities
Larry Martin, Deputy Director of Public Utilities
{
.
.
,
.
POZ
Case Power
and Equipment
J I Case
A Tenneco Company
~~EC~
7001 Indu,trla' Drive South
Riviere Bllch. Florida 33404
Palm Beach (407) 845-2273
Broward (303) 421.6622
Ft. Pierce (407) 488.7844
Stuart (407) 288-01 09
FAXII 407-842.9S48
December 4, 1989
City of Delray Beach
210 N.W. 1st Avenue
Delray Beach, FL 33444
Attnl Al Monteleone
Dear Sir,
In response to your request, we will supply the City of Delray
Beach a new 1990 580K loader/backhoe with extendahoe for
$35,000.00.
Enclosed is a copy of the county Purchase Order for a 580K
less extendahoe.
If I can be of further assistance, please feel free to contact
me at 1-800-446-2474.
Sincerely,
\
r ~4&
Robert F. Moon
General Manager
I
RM/SlI
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