02-09-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
February 9, 1988
7:00 p.m.
AGENDA
Commission Chambers
Please b~ 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 pro-
ceedings, 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. Proclamations:
a. Pythian Founders Day - February 19th.
b. Calling for Election - March 8, 1988.
5. Agenda approval.
Action: Motion to approve.
PUBLIC HEARING
* 6. ORDINANCE NO. 1-88: (Second Reading) An Ordinance designating
the Old School Square Historic District. (First Reading 1-26-88)
* 7. LAND USE PLAN AMENDMENT 1988-1: Conduct a Public Hearing on
Land Use Plan Amendment 1988-1 taking action on three elements
of the amendment.
a. Plan change from RM and SF to RH for 38 acre tract (UDAG pro-
ject).
b. Incorporation of the Community Redevelopment Plan with the
City's Comprehensive Plan.
c. Change from I to C for .32 acre parcel north of the Exxon
Station, located at West Atlantic and Congress.
CONSENT AGENDA
* 8. COMMISSION ACTION RE: Authorization to acquire interest of
Quality Broadcasting Corporation in HomewoCJd Trac'. to finalize
St. Mary's the Virgin Church title transaction in the amount of
$5,000.
* 9. COMMISSION ACTION RE: Designating Jackie WinchestEr, Supervisor
of Elections for Palm Beach County as represent. tive for the
testing of the automatic tabulating. equipm.,nt at 10: 00 a.m.,
March 7, 1988, as an additimlal me~ber of the Cit}'s Can\assing
Board to represent the City in the pre-election test on Tuesday,
March 8, 1988 and to receive and tabulate the City's absentee
ballots.
10.
COMMISSION ACTION RE:
Transportation, Inc. in
Road and near S. W. 10th
Pipeline crossing
the vicinity of
Street.
agreement with CSX
IBM along Germantown
*11. COMMISSION ACTION RE: Acceptance of Department of Community
Affairs planning grant in the amount of $37,756 for funding
assistance for completion of the City's Comprehensive Plan.
* 12. RESOLUTION NO. 9-88: A Resolution assessing costs of abating
nuisances in accordance with Section 13-13 on 77 parcels.
REGULAR AGENDA
13. COMMISSION ACTION RE:. Appointment of a general contractor
(regular member) to the Code Enforcement Board to a term ending
January 14, 1991.
* 14. COMMISSION ACTION RE: Acceptance of grant award in the amount
of $25,000 from Department of State, Division of Historical
Resources for preparation of construction documents for Building
1, Phase 1, construction of Delray Beach Elementary School
renovation project.
* 15. COMMISSION ACTION RE: Ratification of Delray Beach Elementary
School Joint Use Agreement Amendment.
*16. COMMISSION ACTION RE: Authorize City Attorney's office to enter
into agreement with CH2M Hill for retention of expert witness/
consultant for ground water contamination matter.
*17. COMMISSION ACTION RE: Renaming N. E. 2nd Avenue betwe~n
Atlantic Avenue and N. E. 8th Street as Pineapple Grove Way.
* 18. CONDITIONAL USE AND SITE PLAN APPROVAL CU-3l-C: Requesting a
conditional use permit for a 6,250 square foot storage building
to be added to a parcel which is adjacent to the Delray Plaza,
located on South Federal Highway. (Owner - Mr. Robert Wiebelt,
by Agent - Mr. Albert (Skip) Jackman.
*19. COMMISSION ACTION RE: Receipt of the Special Activities District
report and direction regarding review and implementation.
*20. COUNTY LAND USE PLAN AMENDMENT REOUESTS:
a. Titcomb from RM (Residential Medium) to Commercial Potential.
b. Evans and Currusillo from RM (Residential Medium and Medium
High to Commercial Potential.
c. Bowman and Bowman from RM (Residential Medium and Medium
High to Commercial Potential.
d. Flohr and Flohr from RM (Residential Medium and Medium High
to Commercial Potential.
* 21. PROPERTY ACOUISITION: Approval of purchase contracts for Lots
3, 4 and 5 of the Nichols Second Edition for Water Plant
expansion program and authorization of expenditure for purchase
pr ice, moving allowance, real estate commission and c' .osing
costs.
* 22. ORDINANCE NO. 2-88: (First Reading) An enacting Ord~nance
changing the Land Use Map designation for .32 a(:res of land
located just north of the Exxon Station at the corn~r of
Congress Avenue and Atlantic Avenue from (I) Industrial to C
(Commercial). (Public Hearing March 8, 1988.)
* 23. ORDINANCE NO. 3-88: (Fi rst Reading) An enacting Ordinan,:e for
annexation of .32 acres of land with GC (General Comme :cial)
zoning, located just north of th~ Ex~on Station at the c~nler of
Congress Avenue and Atlantic Avenue. (Public Hearing March 8,
1988. )
* 24. ORDINANCE NO. 5-88: (First Reading) An Ordinance for annex-
ation with POC (Planned Office Center) zoning for property
located at the corner of Lake Ida Road and Davis Road (Owner _
All American Meat Company, by Agent Harold A. Greene). (Public
Hearing March 8, 1988.)
AGENDA 2-9-88
Page 2
* 25. EMERGENCY ORDINANCE NO. 6-88: An Ordinance amending Chapter 9
"Buildings and Construction" of the Code of Ordinances relative
to flood hazards in accordance with Federal Emergency Management
Agency requirements.
* 26. COMMISSION ACTION RE: Proposed Amendment to the Golf Course
Restaurant License Agreement.
* 27. COMMISSION ACTION RE: Award of Bids and Contracts.
a. Fifteen passenger van for Parks & Recreation Department
(Bid No. 88-27).
b. Cargo Van for Pol ice Department Community Relations Unit
(State Contract 070-300-403).
c. Expansion of existing computer system for Police Department
(State Contract 250-04-86-1).
d. Turbitrol Service Contract for Water Treatment Plant.
e. Extension of Co-op Fuel and Oil (Bid No. 87-14).
f. Office Supplies (Palm Beach County Contract).
PROCEDURAL ITEMS
28. Comments and Inquiries on Non-Agenda Items by Citizens.
29. Approval of minutes of Regular Meeting of January 26, 1988 and
Emergency Special Meeting of January 25, 1988.
30. COmments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 2-9-88
Page 3
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA REPORT - MEETING OF FEBRUARY 9, 1988
February 5, 1988
SUBJECT:
DATE:
PUBLIC HEARINGS
Item No. 6 (Ordinance No. 1-881. This item is a Second Reading of
Ordinance and Public Hearing to designate an area bounded on the west
by N. W. and S. W. 1st Avenues, on the south by S. E. and S. W. 2nd
Streets, on the east by N. E. 1st Avenue, S. E. 1st Avenue and by N. E.
and N. W. 4th Streets on the north to be known as the Old School Square
Historic District. This action is necessary in order to officially
amend the City's zoning map to provide for the Historic District
overlay to be placed upon affected properties. Public Hearing was
held before the Historic Preservation Board on November 12, 1987
following notice to property owners within the district and within 300
feet of the proposed district.
A courtesy mailing to property owners within the proposed district
and within 300 feet of the proposed district announcing a Public Hear-
ing on February 9th and enclosed a map of the proposed district was
mailed by first class mail on Wednesday, February 3rd.
Recommend approval of Ordinance No. 1-88 followinc Public Hearin9
desicnatinc the Old SchoOl Square Historic District.
Item No. 7 Land Use Plan Amendment 1988-1. City Commission is re-
quested to conduct a Public Hearing and take action on the proposed
Land Use Plan Amendment 1988-1. The amendment consists of three
items. Commission action is required for each item. The items as
follows:
a. consideration of a change from RM and SF to RH to accommodate
the proposed affordable housing project (UDAG)
b. consideration of incorporation of the Community Redevelopment
Plan with the City's Comprehensive Plan
c. consideration of a change from I to C for a .32 acre parcel
north of the Exxon station locat~d at Atlantic and Congress.
The Public Hearing is held in accordance with the requirements of
State Statute 163.3187, has been duJy advertised, and is being pro-
cessed pursuant to Commission policy. A Public Hearing was held by
the Planning & Zoning Board on January 25, 1988.
a. Consideration of the change t rc:n RM and SF to RH to accommodate
the proposed UDAG affordable l:ousing project was initiated by
the City. The proposal is to ,:hange the entire 38 acre site to
RH. Current Land Use designat ions for the site are 4.79 acres
SF (Single Family) and 31.73 acres RM (Residential Medium),
seven to 10 units per acre. In RH designation would provide a
base density of 11 units per . cre (40ll units). The RM desig-
nation provides a base density of SCV3n units per acre allowing
up to 10 units per acre, provided the performance standards of
the RM district are met and assured at time of site plan
approval. On the entire site an RM designation would allow a
base count of 255 units with a maximum of 365 units. The UDAG
grant application is for 368 units. The UDAG proposal of 368
units would meet the base requirements of the RH designation
without a need to meet additional performance standards.
If zoned RM, performance standards would have to be met or
mitigated at the time of site plan approval and addressed in a
new agreement with Prococci Development Corporation, Inc. This
designation would not guarantee a unit count of 368 units for
the project.
-1-
AGENDA REPORT
Meeting of February 9, 1988
The performance standards with current status are as follows:
1. Water Service - project as proposed appears to meet stan-
dard.
2. Sewer Service - project as proposed appears to meet stan-
dard.
3. Street and Drainage - a traff ic and drainage study needs
to be completed. Anticipate additional expenses for off-
site improvements which will need to be mitigated.
4. Environmental Impacts - appears to meet standard.
5. Additional Considerations - appears to meet standard.
6. Compatibility with Existing Development Patterns - com-
patibility from a land use perspective with existing use
to South Carver Estates; compatibility with Carver Middle
School to northwest; may be compatible with other areas
designated single family.
Due to concerns of intensity and infrastructure improvements,
the Planning & Zoning Board is recommending only changing the
designation on 4.7 acres to RM and leaving the balance of the
\
property at RM. They do not recommend a change to RH desJ.g-
nation.
Recommend chance on the 4.7 acres to RM desiqnation and forward to
the State for action.
b. The next item of the plan amendment is the incorporation of the
Community Redevelopment Plan (CRP) with the 1979 Comprehensive
Land Use Plan (CLP). This was not accomplished at the time the
CRP was adopted in 1985. This item was reviewed by staff and
the Planning & Zoning Board. They recommended approval with
the following changes to the Land Use Map:
1. County parcels retain the current City land use map
designations vs the CRP designations.
2. The area along Federal Highway between S. E. 3rd Street
and S. E. 10th Street be (C) Commercial as shown on the
City land use map as opposed to the (HC) Highway Com-
mercial as shown in the CRP.
3. The Trades Commercial designation not be placed on the
land adjacent to the FEC Railway.
Recommend aoprovinc the incorporation of the Community Redevelopment
Plan with the City's Land Use Plan. with the exceotiolls recommended
bv the Planninq & Zoninq Board. and forward to the State for review.
c. The change in designation from (I) Indus:rial to (C) Commercial,
requested by the Exxon Corporation, is ~'or .32 acres. This is
considered a minor local amendment.
Recommend aooroval to designate this item a m...nor local amendment and
take action to pass enacting ordinance as anoth~r agenda item.
CONSENT AGENDA
Item No. 8 St. Mary's the Virgin Churcp Title ~ransaction. On
January 14, 1986 the City Commission approved an agreement for sale
of property at the southeast corner of Homewood BOUlevard and West
Atlantic Avenue. Subsequent to that approval and pr ior to closing on
the sale, a number of potential title problems were uncovered by
Flagler Title Company who was issuing the title insurance policy in
this matter. It appears that in order to convey the full 2.55 acres
contemplated in the contract, it will be necessary for the City to
acquire in advance of the sale, the rights that Quality Broadcasting
Corporation/WDBF has in a 40 by approximately 98 foot strip of
property which is part of the parcel. Apparently when Homewood
Boulevard was abandoned, the interest in this portion of the parcel
was acquired by the adjacent property owner, WDBF, rather than the
City.
-2-
AGENDA REPORT
Meeting of February 9, 1988
Quality Broadcasting Corporation has
for $5,000 plus costs which the City
able value for the property.
agreed to sell their interest
Attorney believes is an accept-
Funding will be provided from the City Manager's contingency account.
It is anticipated that this amount will be reimbursed to the City
following our placement of an appropriate claim before the title
insurance company which had insured the City's interest in the tract.
Recommend aporoval of an aqreement between the City and Oualitv Broad-
casting Corooration to acquire a 40 bv aoproximately 98 foot strip of
orooertv in the vicinity of Golfview Estates in the amount of $5.000.
Item No. 9 March 8. 1988 Munici?al Election. In conjunction with
the upcoming March 8th primary, certain tests are required to be made
of automatic election tabulating equipment. In addition, appoint-
ment of the Supervisor of Elections Office to receive and tabulate
the City's absentee ballots is necessary.
Recommend appointment of Jackie Winchester. Supervisor of Elections
as the Citv's reoresentative for testinc automatic election tabulat-
inq eauioment orior to the March 8. 1988 orimarv and aooointing the
Suoervisor of Elections to receive and tabulate the City's absentee
ballots.
-
Item No. 10 CSX Railroad. CSX Railroad has
agreement in order fot us to cross their property
IBM along Germantown Road and near S. W. 10th
numerous water and sewer lines under CSX and pay
for these easements.
required a license
in the vicinity of
'Street. We have
annual permit fees
The City Attorney has reviewed these agreements and has approved
terms.
These agreements allow
Golf Course well field
distribution main to
complex at Germantown
total $2,400.
us to
to our
extend
Road.
place one 36" raw water main from the
Water Treatment Plant and one 16" water
service in the vicinity of the IBM
Annual charges for the two agreements
Recommend approval of pi?eline crossing agreements between the City
and CSX Transportation. Inc.
Item No. 11 Acceptance of State Department of Communitv Affairs
Grant. Further assistance for completion of the- City's Compre-
hensive Plan is provided through the Department of Community Affairs.
Delray Beach qualifies for assistance in the amount of ~3T,756.
A grant request was prepared by the Planning Depar;ment in October
1987 and forwarded to the State. We received notification in December
that our grant application had been approved in the amo~nt of $37,756.
More recently we were notif ied that the State Depar trc'ent of Community
Affairs had not received signed copies of the attact ed Local Govern-
ment Comprehensive Planning Assistance contract. ~'his action will
allow us to receive the grant award.
Separately we have requested and received verbal approval from the
Department of Community Affairs to modify the dates by which certain
elements of the Comprehensive Plan are due. The contract in your
agenda packet contains a revised page 2 of 2 under attachment A
extending deadlines for three of the Comprehensive Plan elements.
Recommend acce1?tance of a Local Government Comprehensive Planning Act
Grant and a1?proval of an aqreement between the City and the Depart-
ment of Community Affairs and authorizing the Mayor and City Manager
to sign the appropriate documents required
-3-
AGENDA REPORT
Meeting February 9, 1988
Item No. 12 Resolution No. 9-88. Nuisance abatement is a resolution
assessing costs for abating nuisancs on 77 parcels at various
locations throughout the City. The Resolution sets forth the actual
costs incurred and provides a mechanism to attach liens to property
in the event these assessments remain unpaid.
Recommend aooroval of Resolution No. 9-88 assessing costs for abating
nuisances on 77 oarcels located within the City.
REGULAR AGENDA
Item No. 13 A?pointment to Code Enforcement Board. At your January
26th meeting, an appointment to the Code Enforcement Board was
implied during Commission action. A review of the minutes indicates
however that no formal action was taken to appoint Robert McDonald to
the General Contractor position on the Code Enforcement Board to a
term ending January 14, 1991.
Recommend approval of Robert McDonald to the Code Enforcement Board
for a term ending January 14. 1991.
Item No. 14 Historic Preservation Grant Award. The City has been
offered a $25,000 Historic Preservation Grant from the Department of
State, Division of Historical Resources. Grant award is for prepara-
tion of construction documents for Building 1, Phase 1 in the con-
struction of Delray Beach Elementary School renovation project. The
project must be completed by November 30, 1988.
Acceptance of this grant award will help offset the $102,947 budgeted
by the City, reducing our funding requirements for the architectural
services contract.
Recommend aoproval of the award of a S25.000 Historic pres~~~ation
qrant from the Department of State. Division of Historical Resou s.
Item No. 15 Delray Beach Elementary School Joint Use Aqreement amend-
~. This is an agreement with the School Board of Palm Beach
County enabling the City to use and sponsor events at the Delray
Beach Elementary School without hav ing to enter into separate agree-
ments. City Commission ratified this agreement on December 8, 1987,
however, the School Board never ratified the agreement. City
Commission is requested to again ratify this agreement with changes
to the effective date; now being March 1, 1988 as requested by School
Board staff. Upon ratification, this item will be forwarded to the
School Board for action. .
Recommend approval of the amended agreement with the ;~~;Ol Board of
Palm Beach County for the use of the Delrav Beach Elemen Sciool.
Item No. 16 Acreement between the City and CH2M Hill. ThiE item is
a proposed standard agreement for professional services be1ween the
City and CH2M Hill, a engineering consultant firm. The .~greement
provides for engineer ing consulting serv ices and technical a 3sistance
to the City's legal staff regarding well field contaminatio.l. CH2M
Hill will evaluate existing data, develop detailed scop~ of worK
required, and plan of action to add;:ess short term w.ater quailtity a:Jd
quality concerns. The services were required as a result of con-
tamination of our series 20 wells following an industrial waste spill
in the vicinity of the well field.
The City Attorney has negotiated acceptable indemnification and hold
harmless language and believes this agreement to be in the best
interest of the City. The scope of work called for in the service
agreement may not exceed S12,000 without additional authorization.
Recommend aooroval of an aqreement between the City and CH2M Hill to
provide professional services in an amount not to exceed S12.000.
-4-
>
AGENDA REPORT
Meeting of February 9, 1988
Item No. 17 Renaminc N. E. 2nd Avenue. We ,received a request from
the Pineapple Grove Association to provide dual street name status
for N. E. 2nd Avenue between Atlantic Avenue and N. E. 8th Street.
The Association requested the street be named Pineapple Grove Way in
a similar dual naming format used for Martin Luther King Jr. Boule-
vard, also known as N. W. and N. E. 2nd Streets.
The dual name will require no Post Office
Police Chief and Fire Chief have concurred
anticipating no operational problems.
address changes. Both
in this recommendation,
Reco~end a?oroval of reauest from :he :~n~~~~~ G~:v~d~~~~Ci:~;O~a~~
provJ.de dual street name for N. E_ 2__ ______ __ ______ ___ ____
"Pineapple Grove Way".
Item No. 18 ICU-2l-C. Robert Wiebelt, owner by Albert (Skip)
JaCkman, is requesting a conditional use permit for a proposed storage
building for use in conjunction with Delray Plaza. This item was
presented to the Planning & Zoning Board at its meeting on January
25th where the applicants sought approval of major site plan modi!i-
cation by addition of a detached 6,250 s. f. storage facility.
The parcel of land on which the building is proposed meets development
requirements for parking, landscaping, setbacks, etc. The project was
ini tially proposed in November of 1986 when a land use map amendment
and rezoning from RM-15 to SC was approved to accommodate a cold
storage facility to be used in conjunction with the Plaza.
In September 1987 the Planning & Zoning Board recommended denial of
conditional use request and of a proposed site plan. In October 1987,
having received the Planning & Zoning Board's recommendation, the City
Commission referred the item back to the Planning & Zoning Board for
further comment after a revised site plan was presented to the Com-
mission.
In November 1987, the Board determined that the proposed conditional
use was appropriate but continued consideration of the revised site
plan. This continuance resulted when the applicant presented an ad-
ditional revision at the Planning & Zoning Board meeting during which
the site plan was to have been considered. In December 1987, the
Board again continued consideration of the site plan when a third
revision was submitted.
Finally, at its January 25th meeting, the Board deadlocked (3 to 3)
on a motion to recommend approval of the site plan. The dissentinf
votes, incidentally, were cast by those who had previously statec
their opposition to the useage of the property and were joined by c
member who was not present at the November meeting during which con-'
ditional useage was approved.
There has been substantial opposition from residents to the east of
the proposed storage facility over the conditional use approved. At
the same time, however, the use is allowed under the zoning presentl1
in place and the rezoning action of 1986 did in fact contemplate the
useage that is now proposed. Furthermore, the site plan for the
facility has been refined to meet objections w~ich residents h~vE
raised about screening, elevations and visual impact.
Recommend aoproval of conditional use request 30-21-C. subject to the
followinq stioulations:
.l...
that additional screening be pr~:~~~~ ;hr~~qh t~~ ad~~;~on 0;
shade trees east of the wall se n t loa ng fro
Florida Avenue:
t~at ~ notation be ~dd~d t~ s~e~t *J ~~ tg: ~i;r 1?lan t~~t .tl.l
lJ.qhtJ.ng shall be bUJ.ldJ.nq ~ un e an WJ. 1 0 J.ned on te;
2....
-5-
AGENDA REPORT
Meeting of February 9, 1988
.l..
that sDecific landscaping comments identified as A. B. and ; ~~
the January 25. 1988. Planning & Zoning Board, staff reoor _ __
complied with: and.
that this approval shall be valid for a period of 18 months
oursuant to Section 30-2l-E-lll of the Zoning Code.
J;tem No. 19 Soecial Activities District Reoort. The City Commis-
sion requested that the Planning & Zoning Board study the use of
Special Activities Districts within the City. Pursuant to that,
request, a staff report was reviewed by the Planning & Zoning Board.
A summary memorandum is attached and a complete copy of the 30 page
report is available in the Commission offices. The Special Acti-
vities District Report was requested in preparation for review of the
Land Use Element of the City's Comprehensive Plan. Establishment of
the consistent policy with respect to modifications of SADs was the
goal. Several conclusions were arrived at following the review.
These will be considered as work continues on the City's Land Use
Element.
.L.
Recommend Commission acceptance of the SAD Report IRevisedl.
Item No. 20 Four County Land Use Plan Amendments. Pursuant to
County policies in the "Intergovernmental Coordination Element" of
its Comprehensive Plan, all proposals for Land Use Plan Elements
which are wi thin one mile of a city's boundar ies are referred to the
city for comment prior to review by the County Land Use Advisory
Board.
The Planning & Zoning Board considered these amendments at their
January 25th meeting and recommended:
No objection to rezoning of a 8,102 s.f. lot located in a
County pocket in Boynton Beach (#1 Titcomb property).
Recommended denial on request for rezoning of the 4.06 acre
tract on Nilitary Trail south of Atlantic Avenue (#2 Evans and
Currusillo) seeking commercial zoning on property designated as
medium to medium high residential.
Recommended denial on request for rezoning of a 6.95 acre tract
along Atlantic Avenue west of Markland Lane
Bowman) seeking commercial zoning on property
medium to medium high residential.
( i3 Bowman
designated
and
as
Recommended denial on request for rezoning of a 1. 2 acre tract
on AlA at the south City limits (#4 Flohr and Flohr) seeking
commercial zoning on property. designated as medium to medium-
high residential. This property is contiguous to the City and
J.S an enclave. It is anticipated that the parcel will be
annexed prior to July 1, 1988. At that time, City zoning and
land use controls can be applied.
Recommend aooroval of the Planning & Zoning Board's actions. direct-
inq that staff forward those recommendations to the Countv Planning
Department.
Item No. 21 Water Treatment Plant Expansion/Land Acquisition. City
Commission is requested to approve the purchase contracts for Lots
3, 4, and 5 of the NichOls Second Addition for the expansion of the
Water Treatment Plant; authorize the expenditure of funds for the
purchase pr ice, mov ing expenses, closing costs and real estate fees;
and authorize the City Manager to execute all documents.
On August 25, 1987, the City Commission passed Resolution No. 33-87
authorizing the purchase of Lots 1 thru 9 inclusive of the Nichols
Second Addition for the expansion of the Water Treatment Plant. The
City Attorney was authorized to secure appraisals and directed to
take steps necessary to acquire said parcels. The law offices of
-6-
AGENDA REPORT
Meeting of February 9, 1988
James Vance were secured to assist in this process and have negotiated
the purchase of three lots. Closing has been scheduled for February
12, 1988.
The approved value, purchase price, moving costs, realtor fee and
closing costs are set forth below.
Purchase Moving Cost Closing
Lot No l\poraisal Price Realtor Fee Costs Total
3 $41,000 $47,000 $1,000 $703.50 $ 48,703.50
4 46,500 48,000 1,000 711. 70 49,711.70
5 45,500 50,000 1,000 768.40 51. 768.40
Total $150,183.60
All units are owner occupied and the moving allowance of $500 is
being paid in accordance with Commission policy. In addition, the
seller of Shepherd's Lot 3 will enter into a lease agreement for $476
per month until they can move.
Recommend approval of the purchase agreements. authorization of the
expenditure of S150.l83.60 with funds to come from 1983 Water and
Sewer Bond interest earnings and authorize the City Manager to execute
agreements. including lease agreement.
Item No. 22 (Ordinance No. 2-881. This is First Reading of an enact-
ing Ordinance changing the Land Use Map designation for .32 acres of
land, located just north of the Exxon station at the corner of
Congress and Atlantic from (I) Industrial to (C) Commercial.
This item is part of the Land Use Plan Amendment 1988-1 and is the
specific action to change the Land Use Map.
Recommend adoption of Ordinance No. 2-88 on First Reading to be fol-
lowed by Public Hearing at Second Reading on March 8. 1988.
Item No. 23 (Ordinance No. 3-881. This is First Reading of an enact-
ing Ordinance for annexation with the initial zoning of (GC) General
Commercial of .32 acres of land, located north of the Exxon station
at the corner of Congress and Atlantic.
The Exxon Company USA, agent David J. Felton, has requested annexa-
tion and rezoning from LI (Light Industrial) to General Commercial.
When annexed, it is anticipated that this parcel will be developed
for expansion of use of the existing service station property. The
property is contiguous to the City, water is available and the request
meets the standards for r~zoning. A Public Hearing was held before
the Planning & Zoning Board on January 23, 1988 and the Board recom-
mends approval.
,
Recommend adoption of Ordinance No. 3-88 on First Reading to be fol-
lowed by Public Hearing at Second Reading on March 8. 1988,
Item No. 24 (Ordinance No. 5-8~. The American Meat Company, Owners,
Represented by Harold A. Green, is requesting annexation to the City
of Del ray Beach and initial zoning of Del ray Medical Cer.ter. Thi s
1.97 acre site is a County pocket contiguous to the City, locattld on
the north side of Lake Ida Road. The petition involves an existing
shopping center including Mr. Grocer food store, medical offices, a
laboratory and a pharmacy.
Amer ican Meat or iginally petitioned Palm Beach County to rezone from
NC (Neighborhood Commercial) to General Commercial with a special
exception for Planned Commercial Development. The Planning Depart-
ment was notified of the application by Palm Beach County and
contacted the owners proposing annexation to the City with a (POC)
Planned Office Center zoning. This parcel is part of an official
-7-
AGENDA REPORT
Meeting of February 9, 1988
enclave No. 59 and has been determined to be in the "A" category. No
significant increase in cost for service will accrue as a result of
this annexation thereforei
Planning & Zoning Board at its January 25th meeting considered this
request and is forwarding a recommendation of approval. There was no
public comment upon that of the applicant. The Board determined the
property eligible for annexation and consistent with the City's
policy to annex adjacent property whenever possible. The zoning of
POC is most appropriate to accommodate existing and proposed uses and
is compatible with the City's Land Use Map.
Recommend aporoval of Ordinance No. 5-88 for annexation with POC
(Planned Office Centerl zonina for oroperty located ~t ~~~ ~ir:~~ ~f
Lake Ida Road and Davis Road and direct that a hearing t e _
ation and zoning be conducted on March 8th.
Item No. 25 (Emergency Ordinance No. 6-881. This item is being 're-
quested for adoption under emergency provisions authorized by Flor,ida
Statute, Chapter 166.041(3) (b) which provides that upon declaration
of an emergency, an ordinance may be adopted without the normally re-
quired advertisement and public hearing requirements.
v
The proposed amendments to our Flood Damage Prevention Ordinance
which are required by the State Assistance Office for the National
Flood Insurance progtam (NFIP) are included in the Agenda packet.
The Ordinance adopts building regulations required by the Federal
Emergency Management Agency (FEMA) for participation in the National
Flood Insurance Program. In order for Delray Beach's participation
in the NFIP to continue uninterrupted, an approved ordinance must be
forwarded to FEMA by February 17th. Failure to do so will interrupt
the ability of residents to obtain flood insurance and cause the City
to be delisted throughout the flood protection insurance industry.
Recommend that III an emeraency condition be declared by the CO~~~~-
sion and that (21 Ordinance No. 6-88 be adopted. bringing our _d
Damage Prevention Ordinance contained in Article 12 ~ ::e city'~
Code into compliance with National Fl~od Insurance require en__.
Item No. 26 This is a proposed amendment to the aolf course restau-
rant license agreement extending the expiration date to be concurrent
with the aolf course operator's lease.
t
The golf course restaurant leasee, Mr. Gerald Miller, has requested
an extension of 11 months, 22 days to his license. Mr. Miller was
assigned the license agreement previously held by Ms. Toni Brez on
June 1, 1987. If granted, the license would expire on December 31,
1989 vs January 9, 1989 and would coincide with the expiration date
of the 1 icense agreement with Mr. Code House. Concur rent expiration
of both 1 icense agreements would be benef icial allowing future
decisions to be made on both agreements at the same time, during the
same budget cycle.
License fee payments are a
e~cn year of the agreement.
lowing this progression, the
fixed fee, increasing $1,000 per year for
Year five payments will be $20,000. Fol-
fee for this extension would be $20,975.
Recommend aooroval of the amendment extending the expiration date of
the license agreement to Dec~rnber 31. 1989 with Mr. ~:;l~~ i:g the
amount of $20.975 and authorize the City Manager to exec e ree-
mmt.
-8-
AGENDA REPORT
Meeting of Febuary 9, 1988
Item No. 27.
follows:
It is recommended that bids and contracts be awarded as
a. Purchase of a 15 passenger van for Parks & Recreation - Bill
Wallace Ford - $14,563.50.
b. Purchase of a cargo van for the Police Department - Off Florida
State Contract - Barrie Reed Buick, GMC, Inc. - $10,854.35.
c.
Purchase of equipment to expand
microprocessor work stations for
ditions for the Police Department
$30,183.
existing computer system for
networking existing and ad-
from Sole Source - UNISYS -
d. Purchase of computer service contract for Water Treatment Plant
from Sole Source - Turbitrol Company - $20,000.
e. Extension of existing contract for purchase of gasoline and
motor oil through Palm Beach County Cooperative Group bid - to
Chevron U. S. A. Inc., Nana' s Petroleum and Belcher Oil for use
by all departments - estimated $213,097.
f.
Office Supplies - Palm Beach County
Barnett's Off ice Supplies, Halsey
Products, Inc. and A-M-R Office Supply
Contract - to
& Griffith,
Company.
LOPC,
Inc,
Decora,
K-Data
-9-
~ . '
.....
DEPARTMENTAL
CORRESPONDENCE
TO
Walter O. Barry
City Manager
DTY DF
DElRAY BEA[H
~(j
'\" )
\/
,
FROM
Joe Weldon
Director of Parks and Recreation
SUBJECT
Golf Course Comparisons
01+,26/88
Per your request of 1/22/88, attached please find a spread sheet
of surrounding municipal golf courses showing comparison of rate
structures and preferences given to golf groups or associations.
As you can see, there are arrangements to accommodate the local
gOlfing associations at most courses.
Attached are copies of commission minutes of May 29, September
4, November 20, and December 31, 1984, at which the pending golf
course contract was discussed (highlighted). The closest City
Commission came to setting a pOlicy on preferential treatment
was at the May 5 meeting in the Mayor's summation and
Commissioner Byrd' s amended motion (page 5). Both seem to be
saying that public access to the course should not be limited by
the play of any groups or organizations, but come short of
establishing a definite pOlicy or including it in the contract.
Commissioner Horenburger spoke specifically of the topic at the
September 4th meeting (page 3) but from the minutes it is
difficult to assess her position on the matter.
From a policy point of view, it's important to make sure the
general pUblic has free and open access to the golf course. The
contract is specific in providing priority of play for City
residents in starting times. No City resident should be given
preference over another because of his/her membership in a local
golf association. However, I also recognize these groups exist
for social purposes and like to have outings and tournaments. If
it's decided it's desirable to continue to allow local golf
groups (City residents only) to continue their outings, I'd
suggest using a plan that has been successful in Boynton Beach.
Boynton Beach allows groups to call in and block off tee times
for play, but every third tee time is left open for general
public play. This allows groups to have their outings but still
maintains access to the course by the general public.
Jo
Di
Parks and Recreation
JW:cc
Attachment
cc: Robert A. Barcinski
Assistant City Manager
CM362 THE EFFORT ALWAYS MATTERS
* t" ~ '" '"
H " 0 0
" ~ fl.. " '-<
" '" rt " "
H rt
" :<: OJ i" 0
"" 0 " " "
'" '1 H rt
0: rt 01 0 '"
~ " '"
H '" "
" '" "
~ " ~
'" "
fl.. ~
rt t1 :E: P> ::r'
Ol ro::r' 0
rt I--' (0 '1:l C
1-1' 0 =:I I--' t-j
0" "
::s IU IU "<: Hl
rt '" 0
1-" <: t1 Ii
o "
Z::S n 0 I)Q
0... p> H) I'D
" "
::s ro n rt ro
ro rt "<: ::r' Ii
~ (j ro PJ
o H
" en
" " '0
IUCrtCrt
::l t1 C 0" 1-"
0... cr. l'i I--' 51
0...1-" ro
rt 0" IU C1 cr..
~"''-<
'" "
" '"
"
fl..
'"
00 .
'1
o
"
'0
"
H
H
o
<:
'" 0
"""
H
'-<
o
""'"
<T '1
'-< "" 0
'" "
1-" IlJ '0
" rt
<: ~ 0
1-"" ::l
I H
'-<
H<T
0'"
'1
HO:
Ln~
I H I
'" I
en"'",
" 0:
rt,,":>"
" " 0
III 0 t-j "< I--'
:::l 0.. (f.. I'D
01 "
en'-<
" fl..
rt
N"
'1
rt""
ro PJ -"--'
ro '<: If. 00'
f/.. 00
""00
'1 '1
o 0
;;< 01 "
'" '0
" H
'"
""'1'0
'1 0
o " 01
01'0
;;<
'" 0
" "
-'"
fl..
01
'"
01
<T
'"
-.....J-..rtl-j
lJ) 0 Cf.
0' ~
o N
C .. "I:l
PJrtWI--'
0"
01 H '-<
0'0 (f.
o
fl..
'"
rtO
o
"
fl.,
" "',
" ""
" '"
0' '0 rt
ro ro 0 51
"'1 '"
o 01
01 I
'"
01 0
"
>;;<
fl., "
Cf. r/..
o rt
"
"',
"
rt
",. "
o
" "
H
"
0'
o
""
o
01 "
..,. ..,. ..,. ..,. ~i" '"
N N N N "', '" '1
0 ... H a- " fl.. '"
" ",. '"
0 a- Ln 00 H,," "
0 ..... W 0 " '"
""" ,."
'" rt '"
0: '"
0:
" *
"
'1
rt
~
..,. ..,. ..,. ..,. ~Z '"
N N N N "', 0 '1
0 ... ..... a- " " '"
" I '"
0 a- 00 00 Hi" "
0 ..... W 0 " '"
"" fl.. ,."
'" "', '"
0: "" '"
'" fl..
" " *
" rt
'1
rt
~
~ '" ~ ~ ~Oj ~c..., OJ C"l
Ln 0 Ln ...'" "'0 '" 0
00 0' 00 rt 0000 a-'" '1 "
a- N ~ WOO '" fl., rt
I I I '-< I en 0 '"
00 N a- N" " "
0 0 H N "', rt
H H 0 0"
0 '" 0 Nrt
~ ~ ~ ~"'.
"
0
01
o '"
" 01
0'
H'"
" '1
'" 0:
fl., ~
""
" 0'
'-< "
0:
"" ",.
'1 "
o "
01 H
H
'-<
,,"0:
" rt
'-< "
'1
rt rt
~"',
'" "
'100
'"
"
rt
'"
o en
H"
,..""
""
>"
0:'-<
::l Ocr..
o 00 '1:l
" '"
"', '1
"
01 rt
"',
rt 0
..... I ::1
01 en
'" " '0
Y. it I--'
" "
'1'-<
"" fl.,
"
'-<
"
"
""
"
'1
'" '"
rt "
'"
'"
H
~
"
'1
fl..
""
en"
,,'-<
"
I
t"o;;<
" " '"
"" '" "
"',
ro.-...f/.
0: H
~'"
o
H
,.."
Ht":<:;;<
c IU ro ro
(0 p.. 0...::3
cr. I-I'::l
o...rorocr.
IU tf. cr..
'-< "">
l'f. :> PJ (1'.
cr. "<: cr.
I-t) cr. cr. 0
'1 0 "
o n H'J)-I-
S f-'. I'i PJ
" 0 rt
00 " 51 1-"
"', 0
00 -....J::l
0"
O~
PJ-..O~
"" r
H"
0"
wB
00
~
~
Ht""l......cr.~
::r' PJ ro ,...
C 0.. o::l ::l
I-j 1-" 01-"
C/. ro 0 cr.
0" 0... cr. '1:l H
'" " '"
"<: C":l a n Ii
cr. t1 1-" 0
o I ("'t C
Hl C N ,...."d
1i'1:l .. N
o wro-..
S-..O::1P3
-...,J fl. 0"
SOOln'"d"'O
'" I "
a w ex> 51 '"d rt
0"00 I--'
'" " a-
Ii (l) a "< 0
'" fl..
rt 01 01
o 0'
'"
o'rt'1
ro 0 cr.
~
" H
0'0
01 .. H
'" W"
g. o~
'" "
'1
>
fl..
fl.,
o
"
"',
"
rt
01 "'.
o 0
" "
rt
~~
""
01 "
"
rt~
o "
o
'" ~ ?'
O~S
o
'0
" H
"
01'-<
fl.,
'0
H
"
'-<
fl..
"
"
B
o
~
~
'0
H
"
'-<
fl..
o
o "
"
rtcr'Ho...::s:;
1-" ro C PJ ro
a I)Q ro "<: ::1
ro J-I. cr. cr..
" ""
....." "
{t.I-""<:
" 0:
cr.. (J'Q I
'" I
rt" H
rt~
" '"
cr. ........0...::
"', 00
o...O::r'1i
ro 0 PJ 0
<: "
H'1 j.)) ro "C
o
'1 01 rt
o
00
t"'1
" 0
"""
"', '0
'"
fl., ~
""
rt
~
'" '"
<:
00 '"
'" '1
,,'-<
'"
'1 rt
" ~
H""
'1
'0 ""
"
o'rt
H'"
"', '"
"
"
"
~
"
o
-;;;:~
~
" "
" " '0
H~H
H" "
0'-<
~ ~ cr.
'1~O
"
rt'O
:>"HH
"''' ~
'-< "
rt cr. I'i
1-" oc
01 0 I
'" "
0:
OJ
'1
'"
""
'"
'1
'"
"
rt
"',
"
H
H
'1
'"
"
rt
01
'"
"
rt
* t:J '" Z
H ro 0 0
" H S 'i
n 'i '0 ...
H P> P> ::r
" '< "
~ 0 '"
ro '" P>
o. ro '" H
'" '" P> ~ ro :<: s
H 'i >< n P> ro
P> 0 ....' ::r S n &. '"
>< '0 0, 0" ::r ro
ro 0 ... ro ro P>
0, f/. ....' ,.,,'" 'i ,.,,'" 'i n
ro " P> ..... o. P> 1-'.1'/. ::r
~"" S " ::r S " ::r
....."" ....' ....."" ....'
H H'O H H'O
'< ro '< ro
I I :>; I I :>;
I I P> I I P>
... ...
ro ro
o. 0,
<1><1> <1><1>
<1><1> Ln..,. <1><1> 'D a- <I> ~:>;<;')
N H 'D a- H N a- w N ....' ro 'i
N'D CO N CO CO LnO ..,. " f/. ro
n ....' ro
Ln'D 00 00 00 H H~"
CO Ln 00 00 00 Ln " ro
~" ,."
ro ... ro
~ o. ro
~ f/.
n *
H P>
,.. 'i
~ ...
~
<I> <I>
H<I> H<I>
<1><1> Ocr- <1><1> Ln'D <I> ~Z <;')
N N 'D CO H N H"-J N ....' 0 'i
a- w N"-J COCO 00 CO " " ro
n I ro
N H O"-J 0 0 00 CO H:>; "
Ln 0 OLn 0 0 00 "-J " ro
~f/. ,."
ro ....' ro
o. ~ ro
~ ro o.
>e n " *
P> P> ...
H 'i
,.. ...
~ ~
-:::;f;J=
CO'i
a-'<
I
..,.
H
..,.
N
~
;::f;J=
N'i
a- ""
I P>
""'i
wro
..,....
Ln
~
"'n
ro 0
'i "
O. ...
o P>
" n
...
co t"""'I p.. t-J. H 0 >:<:Ht'" >e:<: :<:....' :<: H'O t"''O :<: '"
P> P> " " < tf. ~ ~ P> ro ro ro " " HH P> H ro 'i
\.oj p..,,< OQ " ro f/. 0, '" ~ ~" ~ -- cr. .. P> ~P> " '"
Ol-'.tr. f/. '" 'i 0 ... 0, ..... " ... W,< ....' '< '"
'" 'i n ~ '" '" f/. O. Of/. '" O. f/. '"
P> f/. '" ... 1-" C'" ~ f/. 0, 0" 0, 'i
'i n ::r P> "''< ~ > > ,." '" P> '" H <;') ro
S <;')0 :<: ....' '" ... >P> f/. o. ro < <;')" 0 "
o S '" 'i ....' P> '" f/. '< f/. f/. '" P> S '" 0 ro H ...
H " n ... 0 'i f/. 0 0 'i Hf/. '" ....'
... '" "-J -H '" " S 0 0 '" n n 0 S '< '" ~ P>
0 .. f/. ro H '" S n 'i ....' ....' '" '" P> > H
> 0 '" &. ....' 0 P> P> S >e>,< f/.
H f/. 0 <;')'0 '0 CO P> S ... "'<1>0" ro cr. cr. o. H
H 0, 0 H ::rH '" ... ....' t--!.W('l) ~ O. 0 'i
0 P> HP> 0 '" 'i 0 ....' CO 0 0 O'i " 0 '" n '"
wn "''< " '" 0 0 " " '" n 'i ....' P>
0...., S f/. ro 0 " 0 0 0 f/. ....' 0 P> ...
P> > ... '" P> O~ 0 '" ~P> S ... S
P> ... f/. :<: ....' ~ "" P> ... ....' '"
....' ... f/. 0 S ... S ""P> ... <;') '< ..... "-JO "
S 0 0 0 " '" ::r " 0 0 0 .. " ...
" n ~ 0, '" " S " H "''' 0
H ....' P> ... " 8' u. '" 'i O~
0 H P>'< n n 0 ,.. 0 O~ H
" ... P> H " ... 0 ..... n S CO P> 0
WI-'.QJ " " H 0 0 ~ " 0 0 0
H 00 " " 0" H ~ " "-J I S I
::r " ~ 0 H~ t'" 'i .. 'D . H
" P> ... ... ""~H P> f/. 00 Ln
'i '0 ,." 0 Ln "'0 ~ ro 0 ... 0
O. S H 'i 0" '0 ..,. H ....' S 0
~ P> ....' '" u, P> HLnP> '" ~ P> '" S
P> '< ~ 0 P> '< f/. " S H '"
'< f/. P> 'i ....' S '< P> 0, 0 S 0" H &.
0, P> '< '" " f/. P> ... ro
" >e 0, s '" " 'i W '"
'" ~ '" S '" '" < ~ <: ... o. 0 'i
'i ~O 'i < '" P> 0 ~ f/.
0 ... " 'i < ro 'i H P> ~
S ::r '" " '" 'i '< ,..
'" O. I ~ '< I S
,
..,.~".,:....
Before roll call, the City Attorney pointed out that in the
memo under areas already cabled where it states 35 homes per linear mile
and a request for service, that means one single request, not all 35.
Mayor Campbell recommended that subparagraph c of the memo be included.
Mr. Bird amended the motion to read a "single" request for
service and to include subparagraph c, seconded by Mr. Jackel. Said
motion passed unanimously.
Mr.
and to allow an
by Mr. Jackel.
Bird moved to increase the bond from
irrevocable letter of credit instead
Said motion passed unanimously.
$25,000 to $75,000,
of a bond, seconded
The City Attorney
chise area for Denntronics, a
when they will wire the area.
of September 1, 1987.
advised that in reconsidering the fran-
time frame needs to be established as to
Mr. Jackel recommended the original date
Mr. Jackel moved for the area described with a completion
date of September 1, 1987, seconded by Mr. Bird.
Before roll call, Mr. Bird clarified that they are talking
about the L-30, not the L-31. Upon question by Mayor Campbell, the City
Attorney advised that he has some concerns but there is no clear cut
prohibition on granting a limited franchise. The City Attorney advised
further that both franchises will expire on July 22, 1989 which should
be included in the motion.
Mr. Jackel amended his motion to include the expiration date
of both franchises, seconded by Mr. Bird. Said motion passed unani-
mously.
Mr. Bird asked for the concurrence of Leadership and Denn-
tronics as to the action taken by Council today. Representatives of
both firms agreed.
2. Mayor Campbell stated that this item is on the agenda pri-
marily for input from the citizenry and discussion by Council Members
relative to management and policies at the Delray Beach Country Club.
Mr. Anthony Chiusano, 326 Flamingo Lane, referred to a news-
paper article which indicated that members get preferred treatment at
the golf course and made the allegation that members of Country Manors
golf association have their tournament chits paid by the City. Mr.
-Chiusano advised that both statements are totally untrue.
Mr. Carl Bayer, 2923 N.W. 10th Street, spoke in support of a
policy in which all members are treated alike with no preference given
to organizations, clubs, etc., as far as starting time is concerned.
Further, he feels that members should be able to call two days in ad-
vance for a starting time whereas non-members should be able to call
only one day in advance.
Mayor Campbell stated that theoretically there is no member-
ship at a municipal golf course, just prepaid greens fees.
Mr. Frank Jaffee, 899 N.W. 25th Avenue, questioned why the
City Council has never called upon the PGA for aid and suggested that
they do so in the future. A report from the City Manager contained the
COmment "at municipal golf courses private groups such as Mens Clubs and
Ladies Clubs do not take preferred times". Mr. Bayer added that they
presently have a Ladies Club and a Mens Club which block out 28% of the
golf time per week.
Mr. Edward Greenfield, 1120 Mahogany Way, stated that the
prOblems at the golf course are financial and managerial and he would
request that they discuss the financial problem. In response to Mr.
~affee's comments, if the 28% were eliminated, the golf course would be
J.n much greater difficultY7 he feels the Mens & Ladies Golf Associations
shOuld be given preferential treatment.
- 3 -
OS/29/84
Mr. Leo Wiener, Pines of Delray, stated that the golf course
has continued to renew memberships at the old price and th~ feel it is
illegal to charge different prices. Also they feel it is illegal to
give special times to clubs and organizations. He suggested that to be
fair to everyone the City cut out the clubs and the memberships.
Mr. Isadore Cohen, 902-A South Drive, stated that on Mondays
and Fridays the Inner Circle has 50% or more of the morning starting
times reserved and he feels this is totally unfair. He is opposed to
preferential treatment for clubs and organizations.
Mr. Seymour Gerbie, 1341 N.W. 20th Avenue, spoke in opposi- ,
tion of preferential treatment for clubs and organizations.
~
Mr. Sam Rosenbaum, 3130 N.W. 10th Place, distributed a list
of golf courses in neighboring communities and noted that this list
indicates that all of the municipal courses in South Palm Beach County
do block out times for mens and ladies golf associations. He feels that
the course needs a strong manager who will make decisions about starting
times and that the City should continue to run the golf course.
Upon question by Mrs. Horenburger relative to the Mens Golf
Association, Mr. Rosenbaum advised that originally the M~ was open to
any member of the golf course. Since then they have been forced to put
a cap of about 262 on M~ membership unless they can get additional time
blocked out. The Ladies Golf Association does not have that problem
because they do not have that many ladies playing.
Mrs. Phyllis Plume, 409 Lake Drive, stated she feels a
strong administrator could run the club well and her preference is that
the City operate the club. Also, she felt the City Manager's report was
excellent. If Council chooses to lease the club out, she suggests that
the club and restaurant be leased together so the lease can achieve a
uniform operation. Also, the City should establish all the controls it
needs to protect golfers and present employees and it should provide for
dissolution of the contract if the lessee does not perform to the City's
satisfaction.
Mr. Robert French, 131 Mockingbird Lane, spoke in support of
City operation of the golf course. He urged Council to continue with
City operation, establish policy guidelines and hire a qualified man-
ager.
Mr. Kenneth McAleenan, 1910 S. Ocean Boulevard, felt the
City Manager's report was excellent. He stated that most of them lean
toward the City continuing to run the operation with a strong manager.
He feels they should go with a PrO-Manager and suggests they contact the
P~ for assistance in their search for one. Further, he suggests that
the City Manager and Council draw up a set of rules and post them. He
is in support of equal treatment for all golfers.
Mr. Marshall Samuel, 2649 Florida Boulevard, spoke in sup-
port of a strong and experienced manager for the club. He is familiar
with the operation of the PGA and he would caution that the P~ Managers
are trained but they have not yet had the experienCe needed. During the
discussions last fall, it was made clear that there is no membership,
just prepaid greens fees which carries no privileges, so he elected not
to renew his membership. Six weeks later he received his check from the
M~ with a note stating that he could not belong.
Mr. Bob Hutzler stated that on page 252 of the Delray Beach
Telephone Directory is the heading "Golf Courses - Private" and the
fourth listing is the City of Delray Beach. He discussed the financial
condition of the golf course and noted that the way he reads it, the
course had a $51,600 loss last year. He also spoke in opposition of
preferential treatment at the golf course.
- 4 -
OS/29/84
,-~~"_,,_"",-....-,",...,,,.:o..__ ~ _
_c~,"',...'I'"".",._,,,,., .. .q-"~=".~.""",=_"""""""",,. ~~'-.T"~'~'
....
I
.j~
;
*
Mr. Ernest Simon, 100 N.E. 5th Avenue, stated that he was
asked to speak on behalf of golfers who could not be here. There seems
to be an overlooking of the working people and young people. These
people cannot get starting times because someone else is paying prepaid
fees to be able to play seven days a week. Saturdays, Sundays and
holidays should be made available to working people and those people who
want to take their children out; Council owes it to the taxpayers of the
City and not just the taxpaying golfers.
Mr. Spencer Pompey, 1122 N.W. 2nd Street, spoke in support
of continuing City operation of the golf course.
Mayor Campbell stated that from what he has heard today,
most people would prefer to see the City continue operation of the
course through a strong Manager or Pro-Manager as opposed to leasing the
course out. Also, most people are in agreement that the course should
have full access to all citizens and if there is a tradition to allow
some preferential treatment to a Mens or Womens Golf Association, that
this, if it is to be done by a new Manager, should not be done to the
detriment of the general citizenry. Mayor Campbell recommended that
their first course of action be to hire a strong Manager as soon, as
possible.
Mr. Bird suggested that as a starting point in order to
accomplish the goals outlined, they immediately change the name ot the
facility to the "Delray Beach Municipal Golf Course".
Club to
burger.
Mr. Bird moved to change the name
Delray Beach Municipal Golf Course,
Said motion passed unanimously.
from Delray Beach Country
seconded by Mrs. Horen-
Before roll call, Mr. Jackel asked that in the future the
Administration see that the telephone directory lists that under public
courses, not private courses.
At this point the roll was called to the motion.
Mr. Bird moved for the abolition of organized play on week-
ends and holidays and that those times be available for general play and
not reserved for organizations and leagues, seconded by Mrs. Horenburger.
Before roll call, Mrs. Horenburger stated that as the City
grows, the number of groups grow. With the exclusion of weekends, this
could present a real problem which she feels needs to be addressed.
Mr. Bird amended his motion to include that the Manager 0f
the course and/or the City Manager, at his option, report to them at a
later date with regard to group play on weekdays, seconded by Mn..
Horenburger. Said motion passed unanimously.
Upon question by Mr. ~{ea therspoon regarding tournament pJ ay,
Mr. Bird advised that, as a general policy, this pertains to anythiI g
that would preclude the general public from access to the course. ) f
there were to be an annual City tournament, they would have to addrels
that separately.
At this point the roll was called to the motion.
Mr. Bird stated he feels that the course operation shoula te
in a separate niche within the organization of the City, not a sub-
division of an existing department. If the majority of Council agrees
it should be a Manager, as opposed to a Pro Manager, he would defer to
the City Manager as to his choice.
Mr. Bird moved to have the management of the golf course
directly under the City Manager, seconded by Mrs. Horenburger.
Before roll call, the City Manager advised that both the
':'anager and the restaurant technically report to the City Manager but,
J.n going through materials, it is questionable whether Council has ever
actually specifically voted to do that.
- 5 -
OS/29/84
.
,
At this point the roll was called to the motion.
Mayor Campbell stated that it is the intent of Council to
direct the City Manager to immediately undertake a thorough search for a
competent Manager or Pro Manager and to report back to Council as soon
as possible.
The City Manager stated that his preference is a procedure
which places the individual flat on the line. His or her income is
directly accountable to what they can produce at the course and the kind
of response they get back. This is a common procedure.
Mrs. Horenburger supported the hiring of a Manager rather
than a Pro Manager; Mr. Weatherspoon concurred. Regarding the search
for a Manager, Mr. Jackel suggested they give it sufficient time and
that it be published nationally and done in a businesslike manner.
Mr. Bird suggested that some starting times be made avail-
able to those people who walk onto the golf course. He further sug-
gested that they address themselves to a new system of fees for the golf
course between now and the end of this fiscal year.
Mayor Campbell invited the public to communicate with City
Council and the City Manager any advice and interest in the selection
procedure. Secondly, the City intends to give the public the best city
golf course they can possibly deliver.
Mayor Campbell declared the meeting adjourned at 6: 20 P.M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of May 29, 1984, which minutes were for-
mally approved and adopted by the City Council on .
City Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after t!ley have
been reviewed and approved which may involve some amendments, adjitions,
or deletions to the minutes as set forth above. '
- 6 -
OS/29/84
" ..-..... +...,-- . _,. -, '", "'W'
"
~;- '''''''~~-.~ .""'..--.....--.
. ~!f"""'.
;'t'
.
.,
#.
.
Minutes of the Workshop Meeting held September 4, 1984
Page 3
2. License Agreement on Operation of Golf Course (City Attorney). The
City Attorney advised this item is on the agenda at the request of
Council to review and give additional input concerning a license
agreement for the maintenance and operation of the golf course by a
private outside individual or firm. Council has been furnished the
proposed agreement; however, there are optional things which could be
placed into the agreement. They put into it that which he believed
was the consensus of Council with regard to the terms and conditions.
It was drafted with the thought in mind that it was Council's general
consensus this was to be licensed out to a person or firm who would
be given basically free market reign to operate the course in a
for-profit methodology as long as the City's interest in the property
were protected through the use of comprehensive liability, insurance,
bonding requirements and checks and balances on maintenance and
operation of the course.
Mayor Campbell stated they did want to get into the business of rate
structure, individual preferences with regard to the residents of
Delray and how it was going to be operated within the perameters of a
municipal course.
Mr. Jackel stated he has two concerns with this proposed agreement;
the first is that no mention is made of the $170,000 a year bonded
indebtedness. The City Attorney advised t~ere is no technical require-
ment that the licensee meet the bonded indebtedness. It was a Coun-
cil directive condition that the golf course was to pay its pro-rata
share of what the bonded indebtedness was. Mr. Jackel stated his
second concern is with regard to their motives in seeking out a
person to run the golf course. He feels that rather than go with the
highest bid they should go for the best qualified company or person
and then negotiate.
Mayor Campbell stated he has not had a chance to read this agreement
in depth and would like to study it further before they get into any
detailed discussions.
Mr. Weatherspoon stated he agrees with Mr. Jackel's comments that
they should get the best qualified people first then negotiate. He
also questioned if it would be in their best interests to have some
City employees be part of the operation to ensure that the greens are
kept up.
Mr. Bird suggested they approach this as a contest of qualifications
and then negotiate with those people in the order in which they are
l.anked.
Mrs. Horenburger stated the license agreement does not require that
the licensee give preference to any organized group of golfers or
other organizations; however, it does not say that they cannot give
preference. She would like to see this clarified. She also stated
she would not be in favor of leasing out the course without leasing
out the restaurant to the same group of individual.
-
..
Minutes of the Workshop Meeting held September 4, 1984
Page 4
Upon question by Mayor Campbell, the City Attorney stated the agree-
ment is intended and would be appraised as being a performance bond
requiring their performance in accordance with the terms of the
agreement to keep all the equipment and COurse in good shape. How-
ever, he does not know if $500,000 is enough; he did not want to
price out the small businessman, but in one month, with lack of
proper maintenance, there could be considerable damage done.
Mayor Campbell stated they had been discussing the possibility of re-
locating the tennis courts. Before they enter into a lease agree-
ment, he would like to know if there is any available land, that
would not be used by a prospective lessee, and could be set aside for
the tennis courts. Mayor Campbell also questioned if the City Man-
ager has the final list of all the formal applicants for considera_
tion. The City Manager replied that the final list will be due
September 7th; however, they are still getting applicants. Mayor
Campbell suggested that when the list is final it should be placed on
a workshop agenda to review, study and short list the applicants.
Mr. James Scheifle~ stated he agrees with Mrs. Horenburger's comments
regarding the restaurant and the golf course. He stated, at the
present time, there is a minimum of $100,000 needed in capital im-
provements to bring it up to a good third class course. He ques-
tioned, within the agreement, what provisions have been made for
capital improvements. The City Attorney replied that there are none
mandated.
3.
Delra Beach HoUsin Authorit (Council Member Jackel). Mr. Jackel
stated, with regard to the Urban Development project propOsed by the
DBHA, that the Planning and Zoning Board has twice supported this and
Council turned it down once. He feels that Council should (1) adopt
a resolution authorizing the transfer of land between the City and
the Catholic Archdiocese, (2) have a deed COnveying the property from
the Archdiocese to the Delray Beach Housing Authority and (3) adopt
an ordinance rezoning the property from R-1A to RM. He suggested
that if Council approves of this plan it could be placed on the
regular agenda of September 25th. He feels there is a need for this
income-range type hOUSing.
E
e
e
o
Mayor Campbell stated that the DBHA will have to go before the Plan-
ning and Zoning Board before it comes to Council. He suggested that
Mr. Durden, DBHA member, contact Mr. McDaniel to get things started.
le
It
Mr. Weatherspoon stated he feels the City should not swap the land
with the Archdiocese; they should charge at least $50,000.
3.E
n-
nl.
Mr. Bird stated that, in looking at the appraisals of both parcels of
land, he noticed the appraisers seemed to have overlooked that the
Archdiocese's land is landlocked. By the time the appraiser acquired
right-of-way he would probably find the land values close to the
same.
,e
.t,
:a
:s
IIi
ORDINANCE NO. 1-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING AN AREA BOUNDED ON THE WEST
BY N.W. AND S.W. 1ST AVENUES, ON THE SOUTH BY S.E. AND
S.W. 2ND STREETS, ON THE EAST BY N.E. 1ST AVENUE, S.E.
1ST AVENUE AND THE ALLEYS IN BLOCKS 74, 75 AND 76, TOWN
OF LINTON PLAT, AND BY N. E. AND N. W. 4TH STREET ON THE
NORTH, AN HISTORIC PRESERVATION DISTRICT; AMENDING ZONING
MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the Historic Preservation Board, at the meeting held
on November 12, 1987, unanimously recommended the designation of the Old
School Square as an Historic District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of De1ray Beach, Florida, is hereby designated the Old School Square
Historic District:
Blocks 57-62, Blocks 65-70, the west half of Blocks 74
and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as
recorded in Plat Book 1, Page 3, Palm Beach County
Records.
Section 2. That the Planning Director of the City of Delray
Beach, Florida shall, upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
the above designation.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular
reading on this the ____ day of
session on second and
, 1988.
final
MAY 0 R
ATTEST:
City Clerk
First Reading January 26, 1988
Second Reading
I
I
I
,
I,
II
b
;1
TO Walter o. Barr}C..-.City. Manager
Via: David J. Kovacs, Director of Planning
FROM .Dor~_e. Ellington, Planner II
& Zonin~
[ITY DF
DELRRY HEREM
~~(i
DEP ARTfvll...:NT AL
CORRESPONDENCE
SUBJECT
City Commission Documentation--Meeting of February 9, 1988 DATE February 2, 1988
Public Hearing- Ordinance #1-88, Designation of the Old School Square
Historic District
ITEM BEFORE THE COMMISSION:
The action being requested of
approving, on second reading, an
School Square Historic District.
the Commission is that of
ordinance establishing the Old
This action is necessary in order to officially amend the City's
Zoning Map to provide for the Historic District Overlay to be
placed upon the affected properties.
BACKGROUND:
The City's Historic Preservation Ordinance (1113-87) authorizes
the designation of areas as Historic Districts. A public hearing
before the Historic Preservation Board was held on November 12,
1987 and the recommendation to create the Old School Square
Historic District was unanimously approved at that time.
Notification of The Board's hearing was mailed to property owners
within the proposed district and property owners within 300 feet
of the proposed district on October 29, 1987. A copy of the
letter and designation report which were mailed to property
owners are attached. Also attached is a map outlining the
proposed district.
On January 26, 1988 the commission approved on first reading
Ordinance 111-88 designating Old School Square a historic district
and set the public hearing and second reading date for February
9, 1988. Commission also requested that along with the required
newspaper advertisement, a courtesy mail-out be done to notify
property owners of the public hearing.
Once the ordinance is adopted, a special designation of "Historic
District Overlay" will be placed on the official zoning map.
~
eM 362
T
'!,.:..Y'S MATTei
To: Wal ter O. 1 :y. City I'Janager
Re: City Commis~~on Documentation - Meetin~ ,f February 9, 1988
Public Hearing - Ordinance #1-88, Designation of the
Old School Square Historic District
Page 2
ALTERNATIVE ACTION:
1. After the pUblic hearing approve the ordinance on second
reading.
2. Continue with direction.
RECOMMENDED ACTION:
Adopt Ordinance #1-88 on second and final reading.
Attachments: Location Map
Designation Report
Formal Notice to Land Owners
Courtesy Notice to Land Owners
REF:#3/A:OSSAI
I- 1tI~~("- - --
I ~ -..h _r_
:I .... I' r
,,.:,, ."6 J
. ... " ~
.
.
.1
"
"
,
.
..
,;.
"
..
...
"
"
n ;
..
..
H
.
.n
."
,
"
49
d
l!l,.
.
"
..
"
"
"
. 4
" .
: ... '~.-
H ,
"
. ..... )'~~~
...
".
,,'
E...;,
J
~'!.t9:" .
~...!-. IS
::~~: .. J:
10. ,. ..
I ;-#<' ~
! ~!~J-I" ~
! :=is :~
,,.
"i-~..lo "
- ~(;:'!., .... ~,. .. "
mffi: ;~N' 'j"~' ;'/' .
i.~l~r : ~ :
fi ':-i~ ~I. ,~~.:u, ij~.,,; i
'r.."l:'>-['!; . -r' ~
~. .. i ~. '?... \.
I .:"-'1 ~~':':" ~
I t:~<I~,
!JHf~:'lJ~: H S2
.1 l;_l..~ .---
II,LZ..J.L1. :..
I;: 'Il!<<vl .,1.. .1..: .,1.. .,L.
t' .,J r.. --'. . I.. .~ ~I 'f.':
A\~\'t ~ ---,;;. ~...A\\..M~1'-I'e::
'fTI1Tm1!1-r~J ,", I I
~1ibiQrjfu~ LIillilIliJ I I , I J 4
11",rj ~~.~J+ ,~.;
", ~ ';1.. -;: ~
~ - - - d .,.- , IJ
--I' ~ " ,.
~ ,: . - ~ r.~J . "
..- _ s;: ~ ' "
.-::~ ..~ -" ..:
"'2:'@1.] ti.l. .., ,~ ."
'~:S";' ;. ':6;1:t'~:.
t I-~ r 10 ....~;l.,,:~"
t=-- t ~ - - .....~ -
J.IEi~,"H~, :: ;~1~
'('-:0- -, -J'~' ,,"..-L
'-J -~--; "l , "\
Ir--- - ~J ~- I J 1: ' ~
!L.:~i~ ~ ~"~I'~,~' r/~.~:.':-.J~./~:
J . 51 I:'"
~:--. . :.
0"
J' . u
'-1' I'
r.;-: . 10
42~ '.,
.~...: .1'
.~. ."
l..:..!.:(li'1'6
L.ol::t. IS
F;f:"
"'" I~
6.11... ,V.
1J1..)\Il.Hl
N.-C
i
, .
,
~ .. ?"~'i'"
. " ;-1-'-'....
n - .
~..I
I
I 57
(~-,..,...
., 0..
",I. i9J(
'I ~ 4l~'
"... I1JA'
./J ''I
~
"
nrl~
, '~
IT .. Lj'r"
J, .,
.. ~ 'I
. .
,
~ ;..
"
..,
h
,.
'.
.
..
"
'.
.
,
o
,
..L
,
.
. ,
r;--
'.
"
:t~
,
~~Q
o
"
h
"
..
.
o
,
.
,
"
,
"
~
.
,
,.
.,.
'.
"
"
..
"
A
"
.
,
,"
n
.
,
,
..
"
...
..
"
,.
.
..
4 : ~ : ~. ~
.... ." J .1 :;
~..o oC'" IIp~
--:- .,' ~
~:J }-t"=
~" .~
..- ""\1"
~., ..-ft
~ : ,,-
Q:....!!..::" .
;c..:;.... .. .,
:;~ -.,- .
: ~"'c:
, ;V'~
". ,
.. ,
" '~
'J
-
.
"
...
..
",
J
,
.
:'/
, .
. ..
ST'
[ .
-~
~
-&'
:.\
.
.
"
..
..
.
n'
"
..
.
..
.
..
..
..
~ 2~ , ~
~ n 1..
" ,
I'. ~
"" ,
.. .
,. ,
IT' I
It:: ,
" '"
I~ II
i~ '~."
SI.: III ~
....; i ,.; ;,
,
,
.
. .
,
,
,
.
, ,
,.
..
..
"
'J
-"
"
,
,
..
.,
1-'
I.
.'t~.
. I .,-
r;::-:;;::'o
";;I"r.::
"
,
"
: ,
..
-,
..
~
:... ~ Of
-:: .;:.
N. C.
.;.
,-!- ~
" ...
'-- ,
~~
f..,..~..;
"'....
...:. '
-:-~
~ o(oL
. 9/;-".
fr{:';: ~
'f~:rw
.~ ;
.'
.",
, .,
.
~r--:-
. J "
--;-r-:;-
" " "
t-;-Ir:;-. J
... ~
..
I
,
.
. J II .
- -:"-,' r;;-: I
IJ' J
4 M () ,
. ~ ,
~:.4 ~ .:;ft:,:
; 1 r;
.
r ".
.
,
..
~
,
.,
.. .' ";!
.~~". ~~
:. ~'~ .. ~: IH': I I
;, : ;-....;. '1/" r:'-4-'
ti L.... r-:;-
Q J I " .
~ "". ""~ ~ 2~' ".
~I ~:I : 6: i' ;' : '~ll- k-':' ';;:~..,
-;-;- ii r . ... '" I:--;- I ..:.~ J Hr-;" ~:
JtH;J.L .: > ~H.;.:'<;.. ;'.i~'l~:'71 rJ:;r.TJE
'I~ ....n..., .
,II jJ:: ~r>.!~i,i+ -'I::~::i,!/;+'" TO: '/'~"~:i~:"~
.." "..., "II,. I"II'I..:!.. [J...,: W
i : f :::1 ~ lJ~ :: . : ;' ~ ~/j"~;! ~ ;
I. ,. ~/~ ~ ! '1=""1.: ~~ 4
. .'1 J:'" " r-:,--.. ... f~;-k _
;.~ ::; I' f"-:-,:'si-)':' :; ::, ~~'!' ~ ~;~ c_:= .:;
ONOI : ~ -" 1'5~" Q ~: :{+-
;~. ';' ; .or' b:r,;,,rnf:i: I ,;" 46 !...~ ~
r ,0 I ; I I,. I., ~ 1 'I
) n~;'\ f'll,) cj_l~, '
'WM! ..; I . 5 r . ?-^~ I " _ ,~"jl./p
.,
,
,
2~D 'S1Rrr[
OLD SCJ:OOL SQUA1{E !IIS'C'OIUC DISTRICT
DEPART~ -=NTAL
CORRESPONDENCE
tl'" IIF
DElRRY HEREM
~~
TO
~~~~~~tty Manager
~~,-.J' ~VCl1"~
David J. Kovacs, Dire-ctor
"Department of Pl~~n:fng and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
-----~ - ~~-- ------.-
PUBLIC HEARING - LAND USE PLAN AMENDMENT 1988-1
DATE
February 2, 198
ITEM BEFORE THE COMMISSION:
The item before the Commission is the holding of a public hearing
on a group of three items which constitute the first proposed
Plan amendments for the year 1988. An individual action is
appropriate for each item. The three items are:
a)
consideration of
accommodate the
(UDAG)
a change
proposed
from RM and SF to RH to
affordable housing project
b) consideration of incorporation of the Community
Redevelopment Plan with the City's Comprehensive Plan
c) consideration of a change from I to C for a .32 acre
parcel north of the Exxon station located at Atlantic
and Congress.
BACKGROUND:
This pUblic hearing is being held pursuant to the requirements of
163.3187. It has been advertised with a quarter page notice. It
is one of the two allowable plan amendments (which require State
review) which may be processed in 1988.
The first two items were initiated by the City Commission. The
other (Exxon) was privately initiated. The processing of these
proposed plan amendments is pursuant to previously established
Commission pOlicy.
Attached are the individual write-ups which were presented to the
Planning and Zoning Board at its pUblic hearing. The Board,
acting as the Local Planning Agency, conducted its hearing on
January 25, 1988. Their recommendation on each of the items is
as follows:
Il
CM 362
THE E
~\'''AYS MATTER
To:
Re:
Walter O. Ban'" City Manager
City Commissic Jocumentation - Meeting of Febr
Public Hearing - Lane Use Plan Amendment 1988-1
Page 2
y 9. 1988
Map Change from RM and SF to RH: The proposed change was to cover
the entire 38 acres encompassed in the proposed (UDAG) affordable
housing project. Testimony was provided at the public hearing
from Ken Simback, Director of the C.R.A., who is the advocate of
the project; and by a few individuals from the immediate area who
expressed concerns with the intensity of the use and its impact
on the neighborhood.
The Planning and Zoning Board expressed concerns with the
intensity of the use in terms of appropriate infrastructure
improvements (street improvements and drainage) being concurrent
with occupancy. Because of those concerns they have recommended
that the RM designation remain and that the only chanqe be for
the 4.7 acre portion of the property which is currently SF. The
Board expressed the opinion that in order for the project to
achieve the unit count (368 units) desired by the potential
developer that a satisfactory resolve must be made regarding
off-site improvements. Pursuant to Code Section 30-6.5-D-l this
resolution is to be made at the time that a site and development
plan is submitted.
The Assistant City Attorney has opined that even though the
change involves less than five acres of land, it does involve a
~maximum density greater than five units per acre and as such must
be processed as a major amendment and be referred to the
Department of Community Affairs prior to enactment.
Incorporation of the Community Redevelopment Plan: This action
involves adoption of the text of the CRP along with its land use
map. The CRP land use plan will supersede the Land Use Map, as
currently contained the Comprehensive Plan, for the area
encompassed by the CRP. There was no public comment at the
Planning and Zoning Board's pUblic hearing.
The Board expressed the opinion that incorporation of the CRP was
appropriate since it provided better guidance, direction, and
detail than is found in the 1979 Comprehensive Plan for the
target area. They recommended approval of the proposed
amendment but with the following changes to the land use map:
that County parcels retain the current City Land Use
Map designations;
that the area along
Street and S.E. 10th
shown on the City Land
Highway Commercial (HC)
Redevelopment Plan;
Federal Highway between S.E.3rd
Street be Commercial (C) as
Use Map as opposed to the
as shown in the Community
that the Trades Commercial designation not be placed on
the land adjacent to the FEC railway.
To: Walter o. Barr" City Manager
Re: City Connnissi, )ocumentation - Meeting of Febr y 9, 1988
Public Hearing - Land Use Plan Amendment 1988-1
Page 3
Because of its scale, this amendment requires processing through
the Department of Community Affairs.
Chanqe in designation from I to C: This is minor change in that
it involves only .32 acres of land. There was no testimony
before the Planning and Zoning Board. The Board has recommended
approval as a minor (local) amendment.
ALTERNATIVE ACTIONS:
A separate motion is appropriate for each item. The alternative
courses of action on each item are as follows:
A. Affordable housing project:
1. Forward to the State with a tentative action of:
a)
changing only
recommendation)
the
4.7
acres
to
RM
(P&Z
b) changing the entire 38 acres to RH (this
designation will facilitate future processing and
will guarantee the unit count desired by the
developer)
2. Continue with direction.
3. Find that it is inappropriate to pursue the proposed
project and reject the proposed amendment.
B. Community Redevelopment Plan:
1. Forward to the State pursuant to the recommendation of
the Planning and Zoning Board (three changes to the
map)
2. Forward to the State with additional, or other,
changes.
3. Continue with direction.
4.
Find that it
incorporation
amendment.
is more appropriate not to proceed with
of the CRP and reject the proposed
To: Walter 0,. Ba ....v, City Manager
Re: City Commissj Documentation - Meeting of Feb, ry 9, 1988
Public Hearing - Land Use Plan Amendment 1988-1
Page 4
C. Exxon (.32 acre parcel):
1.
Defer action to
reading of an
procedure) .
a later agenda item which
enacting ordinance (local
is first
amendment
2. Continue with direction.
3. Reject the proposed amendment with reasons stated.
RECOMMENDED ACTIONS:
By motion, act on each item following the Planning and Zoning
Board recommendations (alternative action #1 for each item).
Attachments:
- Planning and Zoning Board staff reports of January 25th
REF/DJK#13/B:LUPA.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO:
ING AND ZONING BOARD
VA VC~
DAVID J. KOV~CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM III.A
MEETING OF JANUARY 25, 1988
PUBLIC HEARING FOR PLAN AMENDMENT 1988-1
ITEM BEFORE THE BOARD:
The action required of the Board is the review and recommendation
on items which are being considered as a part of the City's first
allowable Comprehensive Plan Amendment for the year 1988.
The Board is acting in its role of the Local Planning Agency.
LPA review and recommendation is required pursuant to Chapter
163.3174 and 163.3187.
There are three components of proposed amendment 1988-1. They
are:
(a) a change in land use designation to RH for 38 acres
associated with an affordable housing project;
(b) incorporation of the Community Redevelopment Plan with
the City's Comprehensive Plan;
(c)
a change in land use
Commercial (e) for
Atlantic Avenue.
designation from Industrial (I) to
.2 acres on Congress, north of
Each of the components is assessed separately and recommendations
for the disposition of each are provided in the following portions
of this staff report.
The proposed amendments have been noticed through advertisement
in a local newspaper on two occasions. Once more than 14 days,
and once more, than 5 days but less than 14 days prior to this
public hearing. In addition, notification has been provided to
property owners within 500' of the affordable housing project and
the Industrial to Commercial change pursuant to the zoning action
which is also scheduled for hearing before the Board on this
date.
"III: A.
To: Planning Zoning Board
Re: Agenda Item III. A
Meeting of January 25, 1988
Public Hearing for Plan Amendment 1988-1
Page 2
ALTERNATIVE ACTIONS:
1. Forward a recommended course of action pursuant to the
individual recommendations contained herein.
2. Provide a modified recommendation for any of the individual
items and then forward the entire package to the City
Commission.
RECOMMENDED ACTION:
First -- consider each individual component of the amendment
package and take an individual action to affirm or modify the
staff recommendation for each.
Then, by motion. forward the amendment package to the City
Commission for further processing pursuant to the individual
recommendations.
REF/DJK#13/B:LUPAMEND.TXT
INFORMATION FOR PART (A) OF PLAN AMENDMENT 1988-1
Location
. . . . . . . . . . . . . . . . . .
City of Delray Beach. Approximately
20 acres was owned by the Housing
Authority. It was transferred (sold)
to the City so that property devel-
opment could be facilitated. The
balance of the property was owned
by the City.
A general area bounded by the north
boundary of Carver Estates; on the
east by S.W. 10th Ave.; on the west
by S.W. 14th Ave; on the north by
S.W. 4th St.; less the Haitian
Church and Carver athletic field
sites. Approximate area of 37
acres.
Property owner.............
Current Map Designations ... 4.79 acres of Single Family (SF),
31.73 acres of Medium (7) to Medium
High (10) Density Residential (RM).
Requested Designation Medium High (11) to High (15)
Density Residential (RH)
Purpose for the requested amendment: This requested was
formally initiated by the City Conunission in order to proceed
with a proposed affordable housing project. The proposal which
was presented to the Conunission called for a unit count of 368
units. In order to guarantee that 368 units would be built it is
necessary to have a RH designation. This would accommodate the
RH zone district designation which carries a base density of
eleven units per acre or approximately 400 units.
A map designation of RM over the entire holdings would yield a
density range of 7 to 10 units per acre or a unit count of 255 to
365 units. While the high end of the RM designation would
acconunodate the proposed project, such a unit count is not
guaranteed through the RM designation since application of the RM
zone district only guarantees the base of 7 units per acre.
Increases to the maximum (10 units per acre) must satisfy
criteria found within the "Performance Standards" portion of the
RM district regulations. Those criteria are assessed at the time
that a site plan is presented for formal review and approval.
I II . A eA)
Analysis:
The following factors were explored in the analysis of this
request:
a) history of land use map designations;
b)
Community Redevelopment
recommendations;
Plan
designation
and
c) goals, objectives, and pOlicies of the Plan including
the housing element and policy guide to the land use
plan;
d) performance standards identified in the RM and RH zone
districts which must be met in order to exceed base
densities.
.al
history of land use map desiqnations: Previous to the 1979
Land Use Map this property had been identified for single
family development. The 1979 Map initially designated the
land for single family, recreational, and "public" land use.
(The "public" designation was applied to any publicly owned
parcels and did not necessarily reflect any specific land
use. )
In 1984, an amendment was made which placed approximately 10
acres of the land under consideration into the RM category.
That amendment was made under the auspices of the Housing
Authority and was initially for a RM-15 designation. Concerns of
a concentration of public housing and traffic impacts through
single family neighborhoods led to a change to the RM designation
along with further stipulations that any resulting development
should be in the range of 7 units per acre.
In 1986, an amendment was made which placed 18 acres of City
owned land into the RM designation to accommodate the proposed
"Homestead" project which involved duplexes at a density of
approximately six units per acre.
The draft land use map which was prepared in 1987 along with a
draft land use element showed the land as single family along
with extensions of the Carver middle school recreational area
into it. This designation apparently reflected policy guide
statements which called for single family housing in the
southwest part of the City (see later section). Also, it may
have reflect,ed the situation wherein the subject area is not
adjacent to a collector or arterial traffic system. The
designation may also have been intended to further the "homestead
program" which was, in 1986/7, being proposed for a portion of
the area.
- 2 -
!2.)
91
Community Redevelopment Plan designations/recommendations:
The eRP reflects the then zoning pattern of mUlti-family
housing (1/3) and single family housing (2/3). The CRP
while citing the need for affordable housing and the pursuit
of housing programs did not provide specific recommendations
as to areas where housing projects should be located.
Proceeding with a designation contrary to the existing
designations in the CRP should not be considered as being
inconsistent with that plan since its residential land use
pattern generally followed existing zoning.
Goals. policies and objectives of the Plan including the
Housinq Element and the Policy Guide: The Housing Element of
the 1979 Plan drew primarily from a 1976 Housing Assistance
Program (HAP) which was being implemented by the City. With
that HAP and Plan Element were stated the following goals:
(Page 101 of Plan)
1. Foster a safe and decent home for all City residents,
both present and future.
2. Expand the range of housing choice.
3. Improve the conditions of the existing housing stock.
4. Improve the quality of life in residential areas.
5. Increase understanding of the housing field.
6. Expand employment opportunities and increase household
income.
7. Coordinate housing programs with other planning
activities.
Plan concepts to achieve those goals included rehabilitation,
replacement, development of lower income housing, development of
programs to maintain the quality of existing housing, improvement
of neighborhood conditions, and enhanced economic opportunity for
residents.
The City has established its own Community Development Program,
funded through an entitlement CDBG, and is actively working
toward the above goals. The City has also established a Housing
Authority which is managing the Carver Estates project and has
pursued other avenues for providing additional housing for lower
income families. At present the City provides housing assistance
through:
244 Section 8 Certificates
31 Section 8 Vouchers
403 Section 8 Elderly
200 units in a public housing project
for a total of 878 subsidized units.
- 3 -
The City's efforts are mainly directed to the rehabilitation of
substandard, owner-occupied housing through direct- grants. 18
to 20 uni ts are targeted each year for these grants.
Non-occupied dilapidated structures are demolished in order to
help reduce adverse neighborhood conditions. A rental
rehabilitation program is in its initial stages of development.
In the early 1980s a. task team addressed methods in which the
affordable housing stock could be enhanced. Its suggestions were
to pursue duplex, triplex, and four-plex development on vacant
lots.
In recent years there have been two efforts to provide additional
"affordable" housing stock. One was called the "Auburn Trace"
project. It began on ten acres of Housing Authority property (a
part of the area under consideration in this plan amendment) and
was proposed for 104 units. Deemed "too dense", the City added
another 5 acres to the property for an effective density of 7
uni ts per acre. Apparently, problems with long-term cash flow
and continued operations funding prevented continuing with the
project i.e. a greater unit count was necessary in order to cover
operational costs.
Another project was initiated under the auspices of the City and
was called the "Homestead Program". It was intended to provide
106 units through ownership of 53 duplexes with supplemental
income from the renting of the second unit. It involved 18 acres
of the land under review in this plan amendment. Difficulties
with the duplex program including statements that it would be in
competition with the Auburn Trace Project and an uncertainty on
the status of Section 8 Certifications for the rental units lead
to the abandonment of the project. It was replaced with a
concept of placing approximately 75 single family units on the
same site. That change in direction occurred in March, 1987.
Preliminary survey work and soil testing were undertaken. As the
project was ready to proceed to preliminary site planning,
administrative direction was given to go to a "hold" position
while the larger scale multi-family project was pursued.
Another potential affordable housing project proposed on County
land, just to the north of the land under consideration in this
plan amendment, is based on the same single family program as
intended in March, 1987. It will provide 33 single family homes
through a public-private partnership approach.
The City'S Policy
Comprehensive Plan
issues associated
include:
Guide to the Land Use
contains policy statements
with this proposed plan
Element of the
which pertain to
amendment. They
- 4 -
RESIDENTIAL
(1) A wide range of housing choices should be provided for
the residents of Delray Beach. Emphasis should be put
on upgrading existing housing and providihg housing
opportunities for young professional and business
households.
( 3) The City should develop programs and incentives for
infill housing throughout the Enterprise Zone and
Community Redevelopment Area.
( 5) Declining residential neighborhoods should be
identified and every effort made to upgrade them.
(6) The City should work diligently to provide its fair
share of the regional needs for low cost housing.
The proposed program appears to be compatible with these goal
statements as one means to achieve the overriding concern for
providing affordable housing for Delray Beach residents. There
has been concern, aired over the years, that Delray Beach is
providing more than its fair share of acconunodating regional
needs. While this seems to be the case, there is a local need
(documented by the Wolff low and moderate income housing need
study of 1987) for affordable housing. Thus. it appears that to
be consistent with current policy direction provisions must be
made that will result in City residents having priority in
obtaining housinq made available throuqh the proposed affordable
housing project.
(d) performance standards in the RM and RH zone districts:
these performance standards are to be met or deficiencies
mitigated in order to exceed base densities of 11 units per
acre in RH and 7 units per acre in the RM categories. A copy
of these standards are attached for reference.
( 1) Water Service: There should not be a problem with
providing water to the site. A limitation of 368 units
(number of units specified in a related UDAG
application) is compatible with water service planning
for the area.
( 2 ) Sewer Service: There should not be a problem with
providing sewer service to the site. A limitation of
368 units is compatible with sewer service planning for
the area. It has not yet been determined if lift
stat~ons will be required.. If so they should be a cost
of the development.
- 5 -
(3) Streets: A full traffic study should be required at
the time of site plan review. In order to make
findings that the existing level of service will not be
diminished it is expected that traffic flow will need
to be directed to the south (to S. W. 10th street)
instead of through the single family neighborhoods
north of the proposed project.
A schematic road/circulation system which has been developed for
project review contemplates the abandonment of S.W. 10th Avenue
and its function as the northerly exit from Carver Estates.
Provision for maintaining a northerly exit can be made through
use, and improvement, of the cemetery access road. Right-of-way
is readily obtainable since the cemetery property is City-owned.
Development costs for improvement of this street connection would
be a City expense pursuant to terms of the contract for sale.
The circulation system also provides that S.W. 12th Avenue be
extended and connected to existing S.W. 14th Avenue. While that
portion through the proj ect would clearly be the developer's
'cost, a portion (700') leading to the project from the north may
be required to be a City expense. Also, the connection to S.W.
14th Avenue will require acquisition of right-of-way over Housing
Authority property (Carver Estates) and new construction which,
pursuant to terms of the contract for sale, would be a City
expense.
In addition to the above traffic network, it is anticipated that
by directing a greater percentage of traffic from Carver Estates
to the south, and by designing the new project to encourage
traffic to flow to the south, intersection improvements will be
necessary at S.W. 14th Avenue and S.W. 10th Street. In addition,
it is anticipated that the increased traffic will accelerate the
need to improve S.W. 10th Street between Congress and Germantown
Road. Funding for these improvements will be a City expense. If
at the time of site plan review it is determined that the above
expenses must be incurred to accommodate the 368 unit project and
funding for the improvements will not be concurrent with the
creation of the increased need, RM district regulations would
dictate that the situation be mitigated by the reduction of unit
count to no more than 260 units. Under a RH designation, the 368
unit project would proceed and the City would need to defer other
projects to accommodate the necessary improvements to the street
system.
(4) Environmental Impacts:
(a) environmentally sensitive areas -- no such areas
exist on the property under review.
(b) hazardous waste -- so such impact is associated
with either the land or proposed uses.
- 6 -
(5) Additional Considerations:
(a)
adequacy of fire protection: This is a site
related item. Water pressure should
sufficient. Hydrants will be required at
developer's expense. Sprinkler systems
the multi-family units will be required
the developer's expense.
plan
be
the
for
at
(b) drainage -- major drainage devices are necessary;
on-site retention will not be sufficient, by
itself, to accommodate drainage. Because of the
intensity of development it is anticipated that a
conduit system will be necessary to convey
concentrated drainage to the canal system by I-95.
This is normally a developer's expense but,
pursuant to terms of the contract of sale, it may
be a City expense.
(c) recreational proposals some on-site
recreational amenities are to be provided which
will be restricted to use of the residents. In
addition a site of approximately four acres is to
be provided, in lieu of fees, adjacent to the
Catherine Strong Center parcel and the athletic
fields of Carver Middle School. This site is
proposed to have active recreational facilities
(basketball courts, play fields, tennis courts)
installed at the developer's expense (not a part
of the contract of sale but an item costed out in
the associated UDAG application). Negotiations
are anticipated as to the manner in which
maintenance and operation of the park site will be
continued over time i.e. subcontracting to the
developer or directly provided by the City's Parks
and Recreation Department. Recreational needs can
be readily accommodated if carried out as
indicated in the contract for sale and UDAG
application.
(d) flood hazards -- the property is not near a water
course which is subject to flooding,
(e) development patterns and compatibility of density
and character of surrounding neighborhoods
__ public records show previous concerns with a
high concentration of units in this general area.
Previous land use map amendments to RM
designations contemplated development in the range
of 7 units per acre (Auburn Trace) and 6 units per
acre (Homestead Program). An RH designation which
would guarantee a density of 11 units per acre (or
the proposed unit count of 368) is not consistent
with those previous actions.
- 7 -
-- the proposed project is compatible, from a land use
perspective with existing use to the south (Carver
Estates at high density) and the Catherine Strong
Center to the west. While currently compatible with
the Carver Middle School property to the northwest, it
is anticipated that that school will be abandoned
within a decade and that reuse of the property will be
sought at an intensity equal to or greater than that
which is associated with development resulting from
this plan amendment. The only other large parcel of
land in the immediate area is a County owned parcel
currently being promoted for single family affordable
housing (33 units). If that affordable housing project
does not materialize, it is anticipated that a land use
change will be sought which is comparable to the action
on this plan amendment. Between this area and Atlantic
Avenue there is a single family area (plan and zoning).
It is highly probably that as decisions are later made
to develop vacant parcels in that area requests will be
made to depart from the single family pattern and
infill with duplex, triplex, or four-plex development.
While such development may be a viable strategy to
provide affordable housing, it may work against other
stated goals of maintaining the integrity of
neighborhoods.
The measure of this matter of neighborhood compatibility should
be dependent, to a great degree, upon testimony which is provided
at the public hearing. All property owners within 500 feet of
the perimeter of the proposed amendment have received written
notice of the hearing and the contemplated actions.
ALTERNATIVE ACTIONS:
The following courses of action
they contemplate the myriad of
proposed plan amendment.
are available to the Board as
aspects associated with this
1. Following the public hearing defer action to a special
meeting. Also, provide direction to staff regarding
additional information desired or the preparation of a
draft recommendation. The City Commission's hearing
date for the plan amendment is February 23, 1988.
2. Forward a recommendation that the land use map be
amended to show a RH designation for the 38 acres.
Such a recommendation would be based upon an overriding
community need of providing affordable housing. It
woul~ guarantee approval of a site plan containing at
least 368 units (providing on-site technical compliance
is achieved) in that it would allow RH zoning which has
a base of 11 units per acre. A restriction to 368
units is compatible with the maximum unit count under
the present designations (359 units) and if such a
restriction is affixed, the item could be approved as a
local amendment.
- 8 -
3. Forward a reconunendation that the land use map be
amended to show a RM designation for the 38 acres.
Such a reconunendation would be based upon tact that 90%
of the property is already in that designation. It
would guarantee approval of a site plan containing at
least 260 units under RM zoning provided that on-site
technical compliance is achieved. Any increase to that
base would require positive findings with respect to
all the performance standards of the RM zone district
or the mitigation, through City financial participation
of those negative impacts which involve public
improvements. This reconunendation would result in a
local amendment.
4. Forward a reconunendation that the land use map should
not be amended to acconunodate the proposed affordable
housing development based upon the fOllowing:
it will accommodate a proposed development, which
at a projected density of ten units per acre, is
not compatible with existing land use to the north
and east of the site;
it will set undesirable land use statement and
direction for the eventual redevelopment of the
Carver Middle School site and for vacant parcels
which are available for in-fill development;
it will make an undesirable statement regarding
other efforts which are intended to stabilize
residential areas and encourage revitalization
through maintaining a high degree of
homeownership;
it will necessitate expenditure of City funds for
infrastructure improvements primarily for the
street network which are not currently progranuned
and thus will shift priority away from projects
which are currently scheduled;
it represents a significant change to the concepts
and basis which existed in the granting of the two
previous actions which resulted in RM designations
in the area; those being a density of 7 units per
acre for Auburn Trace and 6 units per acre for the
Homestead program.
ASSESSMENT AND CONCLUSIONS:
The general intent of the proposed amendment, to accommodate an
affordable housing project which will provide priority to
existing residents of the City of Delray Beach, is consistent
with various goals of the City. A conceptual site plan which
shows a compact, well designed project indicates that the
proposed unit count (368) can be properly acconunodated within the
area.
- 9 -
However, the terms of the contract or sale and other items
necessary to accommodate the desired development require several
City actions which are expensive, alter other improvement
programs, and may be time-consuming. In addition, apparent
adverse neighborhood impacts and related service expense may
negate the perceived benefits of accommodating the affordable
housing project which was the impetus for the plan amendment. A
highlighting of these concerns/items are:
taking right-of-way from
possibly taking a portion
proposed development thus
plan;
the Cemetery property
of the right-of-way from
putting a pinch on the
and
the
site
taking right-of-way from the Carver Middle School site
and possibly taking a portion of that right-of-way from
the proposed development thus putting another pinch on
the site plan;
acquisition of right-of-way for the southerly extension
of S.W. 14th Avenue over Housing Authority holdings;
capital expenditures for the 14th Avenue extension,
intersection improvements at 14th and S.W. 10th Street,
street realignment northerly out of Carver Estates then
east to S.W. 8th Avenue, and possibly the extension of
S.W. 12th Street southerly into the project;
capital expenditures for drainage devices (and possibly
obtaining easements) to the canal along I-95;
a higher per capita demand on law enforcement to
provide services in a relatively high concentration of
low and low-mOderate income households it is
anticipated that the Police Department will be seeking
three officers added to its staff concurrent with
occupancy of the project;
the existence of a soils analysis which comments that
the soils are of "loosely compacted material" which may
require "some type of stabilization" but should be okay
for single story, single family housing construction
.... by transposition, it may be anticipated that soil
conditions could dictate either increased development
costs or redesign of the site plan to accommodate
sensitive soils;
the potential precedent setting nature of the land use
designation with respect to in-fill and future
development in that part of the community.
- 10 -
The decision before the Board as to what direction to take is
indeed difficult. On one hand, opportunity is knocking in the
form of UDAG participation in funding which may add affordable
housing to the City a goal which while stated has been
difficult to realize through previous efforts. If successful,
the project will return millions of dollars to the City at the
end of its fifteen year financing cycle.
On the other hand, to achieve that goal will require expenditure
of unprogrammed funds and detract from other community
priorities. It will place unusual demands upon the City in terms
of acquisition and development and provision of services. It may
have adverse land use and associated neighborhood impacts.
While some other approaches to increasing the stock of affordable
housing for families have not progressed, the single family lot
alternative to the Homestead program is being pursued by others
nearby. A strategy for in-fill, vacant lot development, has not
been pursued.
Considering all the factors known to the Planning Department, it
appears prudent not to proceed with the alternative action (RH
designation) which would guarantee development of the property
with a unit count of 368. Proceeding with a designation of RM
would allow the project to have site specific analysis once the
zoning is affixed and a formal site plan submittal is made.
However, such an action does not accommodate the project
proponents need to have a guaranteed unit count of 368. In fact,
based upon the indicated demands upon the City it would appear
that, if the RM route were taken, we may be hard pressed to make
findings to allow a unit account above the base of 260.
An unknown factor at this point in time is that of community
opinion. If testimony at the public hearing reflects opposition
or serious concern or is generally lacking it is recommended that
a recommendation be forwarded that the land use map not be
amended and that consideration be given to resurrecting the
single family alternative to the Homestead program and in-fill
strategies in order to provide affordable housing for Delray
Beach residents. If there is overwhelming support for the
project, it. is recommended that the RH designation be applied
thus putting to rest any future second-guessing about proceeding
with the resulting development.
RECOMMENDED ACTION:
The Director of Planning and Zoning recommends taking a position
of either going completely for (the RH designation) or rejecting
the matter before the Board. A middle ground (RM) is not
recommended since it does not provide the firm decision which the
project proponent feels is necessary in order to make additional
commitments to the project. The decision as to which position to
take would be dependent upon community comment at the hearing.
REF/DJK#14/B:LUPHOUSE.TXT
- 11 -
~'- ...."1..'.
.... ..~itt..:~/>
~\,Jt~:\-= \~,.
.."" .., '. ,.""
- !
-
..., . .,...,..,
',t. 'T';"":_;J:..;.~''''
, '.~> '.;
, ..A. .
,
F.IO
BLVD,
R
-( I
- ,
MF.15
I
p
pec
~mtCT
MF.15
,.1lELH." ~><;Pf. ..',
0_"",'
. ~~rr.;::
~ ~ . .
- -; ".......
~.
,
POI
o
: is,. MF.15
lmL
~ ~I~~j~. .;~ ~;,vj,
! I,I! lo~u~p.'"
......... I!"; b-J .~..r!' '."L :.,
'.'_' t'1O'40; .
M,.
1$.
I~
Pr)<tF\
I' -,
I
I
I
II
,
;0
"
( \ ~81 )
.'
. ~_". -II<
., ~
:" t" 4:.
r-.',
"
~
f....
1..! ~.
.r~
-
.
~
ct.
~
"-
.~
'"
0\
,
~
I
I
CLV'\;~W~ l~tct Ll~ \''1~~
k\~C"\fYlJ
\
,..,~. " c",..,t.' '''aIIlIl'1'-=r(
. j{.., C'~l--. :.,' '..c..-':'~'..:...-': '.l.e_
'~:' 'l.-M'~'- F"'., '-1,,-. ~"!;?:
. ." ,. \-, ',INC6...N.:
" 'i .":-. .' . :.... ri...;. .
t :" . ,. : ~
~~ ;
,., '.'",,:t!'_.....,
:" .'.~ I, . . _ 4'" '.1. ......
. .'.....1' . :', .
'. 'f' , , p
~' 'il.MPla
, .
I ::;.:.:,
J $,;,'
..
ot
'.
, ~.-;
. r. ~
(.
;. I ,f't',
~:Sf'~
..., .
'., .. o. .;1
.
.'
,
I
041 ~. , ,"1.\ ~ l. 'J
i-"-'" ,,,,,,,,:-,,,,_
........... ....;
p
'C
CF
"t'ARIC4
... .'....
AR
.
~"
fa
MF-15
r....
I
.S.F.
",.
';';<l~.~ ...
''lo.;-~
, ~
r"'" , ,
~"-
CjJ
.....
I
\
\ \:jl c\ ~G,'\cl LlS( \ \'.1oV
UeSl~~+t~\
\
5 D
"
"
.~. ..-
"
....-
...-;.-
......
..
t
. ..
I
.. -, ,
,
,
,.
:.;~.--:.:-~ -.
" .......
.. ..,
.,
~.",
MF.IS
I
p
.._ -0100.
9 ·
'.
, .
. ,
~ 1. j
-....-'.n
_01 --~ri ~
,- 7\(~T
,
*
"~1
.'
"
,,",
,
,
.
, '.
II, ,~,
1"0'
))
,0
',0
';0
~
2
o
%
r'~
~:::,q:
,'m'~,
.." .......
"MF.J5
I
I
I
I
I
P
I
lili
,- f II t-T ' -
. I
p
__J
MF.IO
",
(R) PERFORMANCE STANDARDS
The following performance standards shall be evaluated as
mandatory areas of consideration for all site plan requests
above the base density of this district. A finding of fact
that each Performance Standard has been satisfied shall be
made prior to any increase over the 'base density.
(11 Performance Standard 1. Water Services
(al The Delray Beach Department of Public Utilities
must agree to supply water to the development.
(bl There shall be provided proof that prior
commitments of water plus the projected need of
the development do not exceed supply and treatment
capacity.
(21 Performance Standard 2. Sewer Services
(a) The South Central Regional Waste Water Treatment
and Disposal Board must agree to supply sewer
service to the development.
Ibl There shall be provided proof that prior
commitments of sewer service plus the projected
need of the development dO""' "not exceed treatment
capacity.
(31 Performance Standard 3. Streets
Streets serving a proposed project shall, during and
upon completion of the project, not exceed reasonable
and safe levels of service. AS the standard, streets
shall be maintained at levels of service having stable
flow characteristics and shall only approach unstable
flow conditions during peak traffic periods. In
determining the effects of a proposed development on
level of service, project analyses shall include the
following areas of evaluation:
(al Traffic characteristics and levels of service of
existing streets directly affected by the proposed
project.
(bl Trip generation and origin-destination projections
for the proposed project.
(c) Impacts of the proposed project on affected
streets, including level of service.
(d) Impacts of previously approved projects affecting
the same streets as the proposed project.
(e) Radius of development influence.
(f) Effects of phasing of the proposed development,
including relationships to the long range
thoroughfare plans of the City, County, and
Metropolitan Planning Organization (MPO), and to
the five year work proqram of the MPO and
Department of Transportation (DOT).
(9) Effects of roadway alterations anticipated 1n . the
proposed project, including intersection
improvements, turn lanes, signalization, median
and other improvements.
(h) Highway and intersection design capacities.
The City Engineering Division shall be responSible for
evaluating the traffic impacts of the proposed
development. However. the City Engineer may require
the developer or the developer himself may opt to
provide a professional traffic impact analysis on
streets serving the proposed project. In any case, the
traffic evaluation of the project shall be in
accordance with accepted traffic engineering practices
and Palm Beach County's Ordinance No. 81-6 "Traffic
Performance Standards."
(41 Performance Standard 4. Environmental Impacts
(al In any case where a potential environmentally
sensitive area exists, the developer shall be
required to contact the Corps of Engineers,
Department of Environmental Regulation, South
Florida Water Management District and/or other
applicable regulatory agencies concurrent with his
application to the City. Where a regulatory
agency indicates probable environmental
sensitivity, the developer may be required to
provide reports or studies to address the
environmental problems.
(b) ~ny proposed development which may create waste
hazardous to humans or the environment shall be
required to provide sufficient information to the
City and applicable regulatory agencies,
sufficient to allow determination of the potential
effects of such waste materials.
{51 Additional Considerations
The following considerations shall be evaluated prior
to grantlnq any increase 1n density over the base, and
their deficiency, individually or in combination, may
represent sufficient ground for denial of such
application.
-"
(al ~dequacy of fire protection shall be evaluated.
(bl Drainage proposals, including the effects of
proposed storm water discharges, shall be
evaluated.
Ie) Recreational proposals and subsequent impacts
shall be evaluated by the Parks and Recreation
Department.
(dl Flood hazard potentials shall be evaluated.
In addition to all Performance Standards above, the
final decision on any change shall include careful
consideration of existing development patterns and
shall prOVide densities which are compatible with the
character of surrounding neighborhoods.
.<.
INFORMATION FOR PART (B) OF PLAN AMENDMENT 1988-1
Item .................. Incorporation of the "Community
Redevelopment Plan" with the City's
"Comprehensive Plan" inclUding adoption
of the CRP future land use map.
Area involved
....... .
See attached map for the
the redevelopment area.
area is 1,280 acres less
road rights-of-way.
boundaries of
The approximate
street and rail
Backqround:
The Community Redevelopment Plan (CRP) was developed SUbsequent
to the formation, in 1985, of the Delray Beach Community
Redevelopment Agency. The CRP sets forth a strategic plan for
the redevelopment of its target area. Included in the document
is a future land use map, descriptions of the use categories, and
poliCies to guide decision making. The CRP has heretofore been
adopted by the City Commission by Resolution 49-86.
The Planning and Zoning Board, as the Local Planning Agency,
provided recommendations regarding the initial consideration of
the CRP. This occurred at a meeting on August 21, 1986, and was
transmitted b~ a memorandum under the signature of Robert Cohn
dated August ~2, 1986. A copy of that memorandum is attached to
this report for your information.
Reason for this requested amendment:
The proposed amendment has been put forth following discussion
between the Director of the C.R.A. and the Director of Planning
and Zoning for the City. Apparently, when the CRP was being
processed it was felt that follow-up action which would amend the
City's Comprehensive Plan would be forthcoming in a short time
period; however,_ a change in staffing and department direction
has hindered such a follow-up. It also seems that at the time of
consideration of the CRP, a focus was upon what will be
forthcoming in the 1989 plan revision as opposed to what exists
in the 1979 Plan which is the plan of record. Because the CRP is
more detailed than the 1979 Plan and because of the amount of
activity which is occurring within its target area, it appears
appropriate to formally adopt the CRP as an amendment to the
City's Comprehensive Plan.
III. ACeJ
Analvsis:
The Planning Department memorandum of August 22, 1986, provides a
list of concepts and considerations which, at that time, were
felt to be necessary to be reflected in the CRP. Several of
those items identify concepts which are to, or should, be
developed as a part of the City's efforts in updating the
overall City Plan. Acknowledging the situation at that time and
that no further action has occurred over the last eighteen months
on the subject, it is now felt (by the Director of Planning and
Zoning) that the CRP should be formally adopted as an amendment
to the existing (1979) Plan without reference to the comments
mentioned in that memorandum. However, this does not mean that
those comments should be disregarded - they should be reviewed
and aired again concurrent with the City's Plan update.
The other aspect of the plan amendment is that of adopting the
CRP land use map (figure 10) and where conflicts exist with the
1979 Land Use Map, as amended, that the CRP take precedent. The
areas of conflict or change are:
1. Property under County jurisdiction were not given a
land use designation in the CRP. Those parcels should
retain the current (1979) map designations.
2. Certain property which was once City owned was marked
as "P" (Public) on the 1979 map. Those parcels are
designated for their proposed land use Ln the CRP.
3. The 1979 map has only one commercial designation
applied within the CRP area. The CRP applies six
different commercial designations. These do not present
conflicts in that they provide a more detailed
description of the desired land use.
4. There is an area of extension of a commercial (CBD)
land uS,e designation into a mUlti-family residential
area. This occurs along AlA immediately north the
Holiday Inn.
5. The CRP reflects the "mixed use residential/office"
designation which has since been applied through
application of the RO zone district.
6. Better definition is given to recreational and
institutional land use which where heretofore
designated as "P" (Public) on the land use map.
- 2 -
7. Designation of the "West Atlantic area" as "mixed use"
extending from N.E. 1st Street to S.E. 1st Street.
,
8. The area north of Carver Estates is shown primarily as
single family residential in the CRP. That designation
is partially in conflict with the existing land use
map. However, this area is subject to a plan amendment
being processed separately, but concurrently, as a
part of Plan Amendment 1988-1. The decision reached on
that separate action should take precedent over the
current CRP designations.
Staff position/recommendations:
It is the recommendation of the Director of Planning and Zoning
that the CRP in its bound form be adopted as an amendment to the
Ci ty' s Comprehensive Plan and that the City Land Use Map be
changed to reflect the designations on the CRP Land Use Map
(Figure 10) except that County parcels shall retain their current
designations and that the decision made regarding component (a)
of this overall plan amendment establish the land use map
designations for the area north of Carver Estates.
Attachment:
Figure 10, Land Use Map
August 22, 1986, memo under signature of Bob Cohn
Resolution 49-86 adopting the CRP
Community Renewal Plan provided under separate cover.
REF/DJK#13/B:LUPCRP.TXT
- 3 -
~
- r:-:_-~
"
-~~~, ./
~
,~
',:==,\
"----_................~:
-/
i
I!
~
"
z
<
'r:..::-'
~,
=i
~
,
. L__
~,
',~:
[.~
~?ll'
U\'!
c-"
';:-..'
?--
Ii'
r~J
<'
~
I
,
il
..,
~r-~ !/
..f'=' ' < '- ~ ,I
'..ITc.D...' IE, -~ ,
,~cr'I:_ -- ,
;...,~I',..-- I
I' -~: ~ JLJi 'I
IF I ---'1 II
-- ,'----"
. n I:'! J I~!...........::
:'~I' '1 ~~
,r"'l
;=;,
':0:,
'---
.~
"
~~~,
'-~
~-
'1'
-""--'j'-
c
.~
,j
I
i
if
, I
~ ~" I
=~ ,=!~,
-~- ~,,=,I ..
"
,'=';1
.J,DJL'
"'1'''-
-L~,
r"j""....-
=--~;=-=
-=--'---
',~_m_
~I
- - ~
ii
,
~;
~
,
--=!i1,1
"I:;,
',-
LL I
I:~I
,P:L
~Ir' '
: ~~~~r?~
~- ~
L _'
\
1-1,
.-'-
; J
pi
I I
!
z
<
.
-
-
z ii
<
. Ii
<
z
<
.
5
PROPOSED LAND USE PLAN ELEMENT
II (CENTRAL BUBINESS OIBTR'C
rMIXED O",CE/AETAfL)
. RETAIL SHOPPING
~ GENERAL CO....ERCIAL
m HIGHWAY COMMERCIAL
~ LJUIT.D Co....eRcIAL
d CO....ERCIAL TRADES
III "'XEO UBI
E;3 CO....UNITY OFFICE
~ MULTI P"MIL Y RESIDENTIAL
[] 'INGLI '''MILY RESIOENTIAl
QJ PUBLIC INSTITUTIONAL
@ "U8Lle RECREATION
m M'XED uaE RESIDENTIAL
o IOFFICE
!tB LIGHT INDUSTRIAL
~ COUNTY
>l ~! f
,
,~ ,
..
~
FIGURE 10
M E M 0 RAN DUM
TO: COMMUNITY REDEVELOPMENT AGENCY
FROM: LOCAL PLANNING AGENCY
SUBJECT: COMMENTS ON COMMUNITY REDEVELOPMENT PLAN
DATE: AUGUST 22, 1986
Chapter 163 of the Florida Statutes includes a provJ.sJ.on within
the requirements governing Redevelopment Plans for review and
comment on such plans by the Local Planning Agency (LPA). The
LPA (i.e., Planning and Zoning Board) comments are to address the
issue of consistency of the Redevelopment Plan with the City's
Comprehensive Plan. The LPA met on August 21, 1986 and
authorized transmittal of the following comments to the CRA for
consideration in finalizing the plan.
Comments are divided into those which are directly related to
consistency with the Comprehensive Plan, comments related to plan
concept (consistency with land development ordinances. intent of
the Policy Guide. zoning map, etc.), and comments related to
recommended projects. The latter two areas are not required for
review, but nonetheless relate to comprehensive planning for the
City.
,.
Consistency
1. The State Department of Community Affairs has advised that,
for the City to adopt a Redevelopment Plan containing land
use recommendations which differ from those in the current
City Comprehensive Plan, the Redevelopment Plan must contain
language stating that the effective date of the land use
designation changes will be after the City's Comprehensive
Plan is amended. It is DCA's opinion that the Growth
Management legislation of 1985 made the Comprehensive Plan
the ruling factor in all cases of conflict between plans or,
plans and development codes - including a conflict with a
Redevelopment Plan.
Given this DCA directive, the following statement on page 51
of the Redevelopment Plan, in the second paragraph should be
removed'''-'---:;--'' ,-~---,--~ -'-
-
Following adoption of the plan by Council, it is
considered to be in "full force and effect."
To: COllununity Redevelopment Agency
Re: Comments on Community Redevelopment Plan
August 22, 1986
Page 2
In place of that statement. language should be inserted to
indicate that the effective date of recommended land Use
redesignations will be after the Comprehensive Plan is
amended. Similar language should be included in the
Overview section of the Plan.
2. The Redevelopment Plan refers to consistency with City and
County relocation procedures on page 51. At this time,
local and County comprehensive plans are not required to
include a provision dealing with relocation. The 1985
Growth Management Act requires a relocation procedure in
housing elements of updated comprehensive plans, but the
City's Plan is not due for submission to the State until
1989, and the County'S Plan is not due until 1988. Since
the CRA has made a public Commitment to acquire land as part
of the Courthouse expansion project, it appeari'~ecessary to
include a relocation procedure in the Redevelopment Plan;
there is no local relocation procedure in the Comprehensive
Plan for the CRA to adopt by reference.
3.
Five (5) Land Use Element amendments are proposed by
Consultant. These are SU~narized on page 3. Of these,
#2 is not recommended by the Local Planning Agency.
the
only
Plan Concept
The first set of Comments under Plan Concept deals with the
recommended changes to proposed land uses depicted on the large
scale land use map prepared by the consultant. The second set of
comments deals with land Use amendments proposed by the
consultant and shown on the map. The third set of comments deals
with Planning Department recOmmendations on the text of the plan.
Recommended Chanqes to Proposed Land Use Map
As discussed at the August 21, 1986 meeting with Wallace Roberts
and Todd, the Planning and Zoning Board found the commercial
categories confusing relative to the City's current Land Use Plan
designations and zoning districts. It was therefore agreed that
the Map refer to more generic categories and areas and that the
text discuss the land Uses intended for the various commercial
sub-areas. The uses described should'be modified from what is
presently shown on the Map, as follows:
I
I
I
1.
GC General
Street and
Commercial
Commercial along Federal Highway between S.E. 1st
S.E. 10th Street, rather than the HC Highway
shown. (GC is shown between S.E. 1st Street and
To: Community Redevelopment Agency
Re: Comments on COllununi ty Redevelopment Plan
August 22, 1986
Page 3
S.E. 2nd Street) In the Land Use Plan update currently
under preparation, the Local Planning Agency intends to
recommend extending GC to just south of Linton Boulevard.
The location of HC north of N.E. 4th Street, however, is
acceptable and should encourage redevelopment of North
Federal Highway.
2.
Change area east of FEC and north of N.E. 2nd Street to
rather than SC as shown.
GC,
3.
Change area south of N.E. 4th Street. west of FEC. north
N.E. 2nd Street to GC, rather than the SC as shown on
map. Also change area west of FEC between N.E. 1 Street
N.E. 2nd Street to CC rather than SC shown.
of
the
and
4.
Examine existing uses in
S.E. 2nd Street east of
should be extended south
would required a Land Use
RM-10 District on south side of
FEC Railroad to determine if GC
to include this frontage. This
Plan amendment.
5. Change the north half of the block between the proposed
Civic Center and City Hall to R Recreation or I
Institutional rather than CBD (from N.W, 1st Street south to
and including the recently constructed duplexes) in order to
provide proper linkage between the two public sites,
including pedestrian ways, open space and parking. This
linkage is also called for in the Land Use POlicy Guide
recently approved by the City Council.
6. Combine Neighborhood and Community Commercial into Limited
Commercial and so designate N.W. and S.W. 5th Avenue and
N.E. 2nd Avenue. Both areas function as neighborhood
commercial, as pointed out by ERA.
7. Correct errors shown on large scale and report maps, per
discussion between Planning Director, Board and consultant.
Land Use Element Amendments Proposed By Consultant
1. West Atlantic Avenue okay, but greater detail and
specificity required in City Land Use Plan. The Local
Planning Agency will "Fine tune" the proposed concept in the
Land Use Plan. The text of the Redevelopment Plan should be
modified, however, as discussed in next section.
2.
f1ajority of
Center from
duplexes to
block between City Hall and proposed Civic
~lF-6 to COllullercial - do not support portion from
N.E. 1st Street, which should be Residential
To: Conununi ty Redeve lopmen t Agency
Re: Comments on Community Redevelopment Plan
August 22. 1986
Page 4
Office with future acquisition as R Public Recreation or I
Public Institutional (i.e.. pedestrian way. open space.
parking). In addition, vacant land just north of Atlantic
Avenue frontage should be designated Residential Office
until and unless it is aggregated with the Atlantic Avenue
frontage, at which time CBD would be appropriate. The Plan
text and map should be closely coordinated here so that
future amendments to the Redevelopment Plan will not be
necessary.
3. Property along A-I-A north of Holiday Inn from MF-15 to
Commercial - okay.
4.
Block between Atlantic.
and S.W. 2nd Avenue,
okay.
S.W. 1st Street,
from Commercial to
S.W. 1st Avenue,
Inst~J::utional
I
5.
Frontage on both sides of S.w. 5th Avenue from S.W. 1st
Street to S.W. 2nd Street, from MF-6 to Conunercial _ Okay.
Recoltunended ChanGes to Text of Plan
1. FOllowing "Delray Elementary School". third line in the
first land Use objective on page 6. add: "provision of a
Physical and visual linkage between the Civic Center and
City Hall (e.g.. pedestrian way, open Space and parking)
2.
Instead of the
using part of
Policy Guide:
last land Use objective on page 6,
Commercial Policy Statement #A5
consider
from the
Efforts should be made to revitalize eXisting
Commercial areas located along Federal High-
way, in inner-city neighborhoods, within the
Enterprise Zone, and within the Conununity Re-
development Area. This could be done through
a combination of redevelopment incentives.
increasing the depth of commercial zoning.
pUblic improvement. and alternative financing
mechanisms.
3. Add to the third objective under circulation and parking
objectives the fOllowing: "Widening of sidewalks, and
redUction of roadway pavement tl1l'ough limitation of turning
rnovements at intersections. and/or one-way flow, if
feaSible. Also, complete the sidewalk system in and around
the CaD to encourage pedestrian cirCUlation."
To: Community Redevelopment Agency
Re: Comments on COllununity Redevelopment Plan
August 22, 1986
Page 5
4. Add a sixth Circulation and Parking Objective: "Consider
additional public parking south of Atlantic Avenue west of
the intracoastal, and at several locations within the
Residential-Office District."
5.
Add the following language
objective, following Delray
"including the proposed open
City Hall".
to the
Beach
space and
fourth Urban Design
Elementary School,:
parking connection to
6. Add a section on Housing objectives. Given that the
Redevelopment Plan notes. on page 13, that 49 percent of the
total land area in the Redevelopment Area is in residential
usage. it is logical to expect the Plan to contain Housing
objectives, and to identify programs. No _~rojects are
proposed under Residential Infill on page 9 although
specific projects are identified under other Redevelopment
and Public Improvement concepts.
7. Add to the Civic Center section on page 8, following "Key
property":
In addition, this civic Center should be linked to the City
Hall complex through acquisition and development of a
portion of the intervening block for pedestrian, open space,
and parking functions.
8. In the section on Retail Shopping Core on page 10, it is
recommended that the district be extended to Swinton Avenue
on the west and A-I-A on the east, and that the permitted
uses include hotels, financial institutions, and pUblic
uses.
9. Following retail shopping core section. add:
Federal Highway Comnercial Areas: It is pro-
posed that automobile - oriented commercial
uses be redirected away from the downtown
area to North Federal Highway north of
N.E. 4th Street. The area south of the CBD
should be upgraded with quality retail. per-
sonal service and office uses befitting the
central north - south comnercial core of the
City. More restrictive- auto uses, such as
de~lerships may appropriately be used to help
redevelop deteriorated portions of North
Federal Highway. Heavy comnercial uses, such
as repair shops and paint and body shops
should not be permitted on Federal Highway.
To: Community Redevelopment Agency
Re: Comments on Community Redevelopment Plan
August 22, 1986
Page I)
10.
Add the following to
bypass system. under
concepts on page 10:
the section on the Atlantic
traffic, circulation and
Avenue
parking
In addition, consideration should be given to
roadway capacity through the downtown and widening
in order to further discourage through traffic and
pedestrian traffic.
reducing
sidewalks
encourage
11. The Plan does not identify the location of deficient
intrastructure. indicating that such identifications should
be part of an overall city study. However, the city study
will not be completed until the plan is to be updated,but
the projects recommended by the Redevelopment Plan may move
toward implementation before that time (in particular, the
office building). The Growth Management -Act of 1985
requires cities to be able to certify that services will be
available when needed for anything permitted to be built.
If there are infrastructure problems. these should be
identified now at proposed project sites, so City can be
aware of them and plan accordingly.
12. The language on page 14, reflecting a proposed Land Use
Plan. should be altered to indicate that it is not a plan
that is being proposed, but a map of detailed land uses.
Similarly, Figure 8 should be relabled as Land Use Map, not
Land Use Plan. Special commercial should be called Service
commercial, and two commercial categories - Community and
Neighborhood should be combined and called Limited
Commercial. N.W. and S.W. 5th Avenue and N.E. 2nd Avenue
should be designated Limited commercial as well. As
discussed above, this section should be expanded to further
address commercial land uses by general sub-area and map
should be made more generic.
13. Develop design guidelines for the
discussion with Planning Director.
RO District,
per
14. See other proposed text changes on attached copy of
Redevelopment Plan.
Project COlTunents and Recommendations
1. Change 3rd project listed under Traffic Circulation
Improvements by inserting the following after Atlantic
Avenue: "east of swinton Avenue~ II
To: Conununi ty Redeve lopment Agency
Re: Conunents on Community Redevelopment Plan
August 22, 1986
Page 7
2. Add the following after Longer Range improvements:
Narrowing of roadway through the downtown by restrictions on
left turning movements. and possible consideration of
one-way flow, with increased width of sidewalks, to
discourage through travel and encourage pedestrian flow.
3.
Remove
Swinton
listed.
the words "removal of existing parking
and East 6th Avenue and" from the first
as this parking is critical to downtown.
between
project
4.
On Figure 10, a potential parking lot site west of
Intracoastal and south of Atlantic has been identified
should be included, unless the consultant disagrees.
the
and
5. No projects are listed for SE/SW 10th Street; ~hat corridor
should also be addressed.
6. Widening of Lake Ida Road between Swinton and 1-95 should be
addressed.
7.
A down town directory (as suggested on page
improvements) must be carefully located;
traffic hazard.
24 under parking
could cause a
8. Hotel Development appears to be a potentially successful
project for West Atlantic Avenue to serve as an anchor near
1-95. Immediate benefit would be jobs generated for
Redevelopment Area residents, although we recognize some
relocation would be required. Meeting space would be a
drawing card to potential occupants of office buildings.
Restaurants in the hotel would also be a source of jobs for
area residents. This area will require public intervention
in order for development to occur.There is obviously
interest in a motel from the private sector - a proposal has
been submitted to the County for the interchange of Atlantic
and Turnpike. We might suggest such a project for the
1990-95 time frame if funds available, otherwise, 1995-2000.
9. A discussion of relocation requirements is needed under
"Future Public Development." Details of relocation
requirements and costs associated with Phase 2 Courthouse
and office building, as well as Civic Center/City Hall
linkage area, are needed.
10. 1, number of additional pt'ojects are listed on Figure 11,
including: (1) acquisition and development of portion of
block between Civic Center and City flaIl for pedestrian
circulation, open space, parking, (possibly by City), (2)
Inotel project near 1-95, (3) additional traffic
modifications on Atlantic Avenue to discourage through
traffic, (4) parking lot development east of Palm Square,
South of Atlantic. Also, parking lots in RO district, (5)
Alley landscaping and other improvements.
To: Community Redevelopment Agency
Re: Comments on Community Redevelopment Plan
August 22, 1986
Page 8
11. of the two options for the spinoff office building. option 1
is preferable, as it will result in redevelopment of
blighted area, and give City additional time to plan
relocation of tennis facility.
12.
East Atlantic beautification should be
Swinton and preferably to 4th Avenue
Complex) or 5th Avenue.
carried at least to
(Government Center
13. For additional comments, consultants should refer to the
marked copy of the plan.
The Planning and Zoning Board, as Local Planning Agency,
appreciates the opportunity to review and comment on the proposed
Community Redevelopment Plan. We feel the CRA working with its
consultant team has produced an excellent d6eUment which
addresses many of the problems in the Redevelopment Area. The
above comments are intended as recommendation to further improve
the Plan and assure consistency with the City's Comprehensive
Plan and the update which is presently being completed.
_::,:~~.J. tW.-...
Robert S. Cohn
Planning Director
for Local Planning Agency
RSC:SS/nb
cc: Planning and Zoning Board
Ken Simback
Jim Pennington, City Manager
Herb Thiele
Technical Review Committee
REF/C:COM.TXT
~';:""'~""
- .'
:'c. I"~
;", (...)'
l!Jrs;], .';,
-J!! !
't....; ..~
Community
Redevelopment
Agency
..
Delroy Beach
TO:
MAYOR AND CITY COUNCIL
FROM: KEN SIMBACK
EXECUTIVE DIRECTOR - CRA
DATE: SEPTEMBER 9, 1986
SUBJECT: REDEVELOPMENT MASTER PLAN MODIFICATION
In our letter of August 28 the Community Redevelopment Agency suggested a
number of minor modifications to the redevelopment master plan for consid-
eration by City Council, One of those modifications referenced page 51 and
the effective date of the redevelopment plan. After review of the suggested
modification with the planning director it was suggested that further
clarification might be necessary, Therefore the Redevelopment Agency is
requesting the following change in lieu of the one contained in the August
28 letter:
Page 51: After the sentence "Following adoption of the plan by City
Council, it is considered to be in 'full force and effect'." at the
end of the second paragraph please add "Adoption of the plan will
require that the City's Comprehensive Land Use Plan be amended. No
redevelopment projects inconsistent with the City's Comprehensive
Land Use Plan may be initiated until such time as the Comprehensive
Plan is amended and approved."
64 S,E, 5th Avenue, Delroy 8each, Florida 33444
(305) 276-8640
RESOLUTION NO. 49-8e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVINO A COMMUNITY REDEVELOPMENT
PLAN FOR DOWNTOWN DBLRAY BEACH, FINDING THAT THE
PLAN CONFORMS TO THB COMMUNITY REDEVELOPMENT ACT OF
1981, AS AMENDED AND MAKING FURTHER FINDINGS PURSUANT
TO FLORIDA STATUTES SECTION 180,380 (7)(b), PROVIDING FOR
FURTHBR COMMITMBNTS BY THE CITY, PROVIDING FOR AN
EFFECTIVE DATI.
WHEREAS. the Lelfalature of the State of Florida In 19" did enact Put III or
Chapter 1113. Florida Statutea (th. Community Redevelopment Act of 11..): and.
WHEREAS. the City Cou.ell of the City of Oelrey Beach did adopt on May 14
of 1115. ~eeolutton 32-8$ deelartn. certein are.. of the City aa bUrhted or aa alum
are.. a. denned In Chapter 1113. Part III. Florida Statute.. dee1ared a need tor the
~habWtaUon of tho.e ar.... and found a need tor a Community Red...lopraent Agency;
and.
WHEREAS. the City CouncU ot the City ot Oelray Beach did adopt. on March
11. 1981. Ruolutton 9-81 amandin, R"oluUon 32-85 by modity1nl' the boundary of the
area determined to b. alum and bUghted aa denned In Chapter 113. Part III. Florida
Statut..; and.
WHEREAS. the City Counctl at the City of Delre,. Seach did adopt on June
11. 1.85. Ordinance 41-8$ ereaUng the Oelray Seach Community Redevelopment Agency
and charged the Community R4development with the prepantion at a community redevel.
opment plan.. deecMbed In Sectlon 183.310. Florida Statutea: antlT..
WHEREAS. the Delrey Beach Community Redevelopment Agency has caused to
bf! prepared a community redevelopment plan tor the area determined to be slum and
blighted; and.
WHEREAS. In the proeeu ot preparing .eid plan, the Community Redevelop- I
ment Agency haa .oUcUed Input and direction from the clUzen. or Delray Beach; and, '
WHEREAS, the City Councll haa held a public hearing on uld plan,. "rter
pubUe notice In conformance with the requirement a of Chapter 113, Part III. Florida
Statutea; and.
NOW, THEREFORE BE IT RESOLVED BY THE C(TY COUNClL OF THE ClTY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I, That the community redevelopment plan tor downtown Del ray
Beach, Florida havtng been duly reeet..d and conaldered by the City Council ot th,
City ot Delrey Beaeh. Florida. ..me f. approv.d and adopted and la attaehed herato ..
Exhibit "A" and made a part hereof. Sud plan (Exhibit "A") hereby deafenated aa the
otflctal rede.elopment plan tor the project area. the bounderi.a ot whieh are deaertbed
In the plan. Further. It I. the purpo.. aneS Intent at the City Counc:l1 that the
red.velopment plan be Implemented In tbe pl'OJeat ana.
Section 2. That It la hereby touneS and determin.d that the eorDmunlty
redevelopment plan tor the project:
(1) Conform. with the requirement. at the Community Redevelopment Act or
11... al amended; and.
(2) I. nee...ary and In the beat Intereat. at the pubUe health. eatety,
morall and "e1tan ot the re"denta at Delray Beach. and will eftectuate the purpo.. at
the Contmunity Rad..elopment Act at U.,. a.:...nded. by raTltaUdnr the area eeonom-
lc:aUy and aoclal1y. therebylncreelinr the tu b.... promot1n, IOUnd fl"Owth. Impl'OYing
hou.tnr condition.. and elimlnatln. the condition. whieh the Florida Lertllature hat
round In the Act to conetUute a menace whieh I. InJurioua to the pubUe health. ..rety.
..Itare and morata or the realdenta; and.
.
-"L~.
(3) I. .ufnet.nt1y compl.te to Indicate .uch land acquilttlon, demoUtlon and
remoyal of Itructurel. redeyetopment, improyementl .nd reh.biUtatlon .. m.y be
propo.ed to be carrled out in the community redeyelopment .rea: IInd.
(4) Will not re.ult in the dllplace,"nt of famme. from the community
redrnlopment area; and.
(5) Ha. proYided for conformance with the comprehen.iy. pllln of the City of
D.lray Belch; and.
(II) O1v.. due con.ideration to the need for parka, open Ip.ce. schools.
hou.ing and pubUc nrvice. that may be de.lrable for neighborhood Improvement: and,
(1) Will afford maximum opportunity, conalatent with the lIOund need. ot the I
Ctty of Delny Beach aa a whole, tor the ...h.bIUtatlon or r.d.'nlopment of the
community redevelopment area by private enterprt...
SecUon J. Thst It I. additionally found and determined. PUUUllnt to Section
110.3110 (1)(b), Honda Statut.., that:
(1) Nonreeidential u... tn the community redevelopment area .... nlcenary I
and Ippropriate to (.cl.Utate that proper (f'Owth and deyetopment of the community 1n
accordance with !!ound planning .tllndard. and toeal community abjectly..: and,
(2) Acqutlltion of property withtn the community redeyelopment area may
require the exerciae of government action al authortled by Part 111 of Chapter 1&3,
nonda Statutu. becauae of:
(a) Defective or unulual condition. of Utle or cn....rltty of ownership
which prevent. the (ree aUenabillty of .uch l.nd;
(b) Tax deUnquency; .
(c) Improper lubdivi.lon;
(d) Outmoded Itreet pattern.;
(e) Deterioration of .Ite;
(n Economic dl.u.e:
(g) Unsuitable topogr.phy or (.ulty lot l.youtl:
(h) Lack o( correlation of the .re. with other areas of the city by
streets Rnd modern trAffic requirements; or
(i) Any combination o( auch tactors or other conditions which retard
development of the area.
S~ction ~. That in order to Implement and (acilitAte the effectuation of th"
redevelopment plan hereby approved and adopted. it is (ound and determined that
certain oU'l.c1al Action muat be taken by thl. City Council with reference, among other
things, to changel In loning. the vacaUon and removal of .treeta, &11eya and other
pubUc way., relocation of pubUc raciUUe., the egtAbUshment of n.w street p.tterns. the I
location and relocation of pubUc utWtle., Ughttng, .nd other pubUc r.clUUes. the
conltructlon or addition o( pubUc buUdin,. and parke, and other pubUc action.
Accordingly. the City Council hereby:
(1) Pledgee Its coop.ration In helping to carry out the redn'elopment plan;
and,
(2) Requeat. the various offtciall. department.. boarda and .gencles of the
City or Delray S.ach Ilk.wi.e to cooperate In carrytnc out the redevelopment plan and
exerctse their re.pectt..e functton. IInd powera In . m.nner conal.tent with the
redeyelopment pllln; lind,
(3) Stllnd. ready to con.lder and take appropriate .ction upon propoaal. and
meUure. dealped to etrectuate thl rldeyelopment plan; and.
(4) Intend. to undlrtake and eomplete .ny proc..dlnC' nece...ry to bl
camed out by the City under the pro'f'iaionl of the redeyetopment plan.
All at the rorecoing to be done IInd performed In a timely manner. Further.
more. the Redevelopment Agency ahall IInd i. hereby dlrectecS to. from time to tlml.
pre.ent spectfic developmental plan. tn the implementation of the ...dey.topment plan to
the City Manager In order th.t the City Council may be a..ured or compUance by the
.aid agency with the redevelopment plan.
'-:t'
_ ,,'.'" ~v. "
~ .!
RES, NO. 49-86
2
INFORMATION FOR PART (C) OF LAND USE PLAN AMENDMENT 1988-1
Property
OWner .............................
Exxon Corporation
Location
. . . . . .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. ..
On east side of Congress,
north of the Exxon Station
located on Atlantic
Current Use
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Vacant
Parcel Size
................................ ..
.2 acre
Current Plan Designation
- per County land use map..
- per City land use map....
Industrial
Industrial
Requested designation
............ ..
conunercial
Purpose of the requested change:
This change is requested in order to acconunodate a companion
annexation request with initial (City) zoning of General
Conunercial (GC). That zoning category matches the zoning of the
existing service station property. It is anticipated that
subsequent to annexation, a conditional use application for
placing a car wash on the site and incorporating it with the
Exxon service station will be filed.
Analysis:
A study of land use and zoning along the Congress Avenue corridor
between Atlantic Avenue and Lake Ida Road was prepared by the
planning staff in 1986/87. That study resulted in changes to
conunercial designations and rezoning from Industrial to General
Conunercial on the Chevron site (across Congress). The cur,rent
Exxon site is was already zoned GC. Acconunodating this land use
request is consistent with that previous study.
Accommodation of the request will not significantly diminish the
availability of industrial land in the City because of its small
size (.2 acre) which essentially precludes it from industrial
use.
The scale of this requested change is below the three acre
threshold for consideration as a major amendment; thus, it need
not be forwarded to the State and can be enacted as a local
amenc.ment.
Staff Position/Reconunendation:
By motion, to reconunend approval of the request land use map
amendment from the Industrial (I) to Conunercial (C) designation
for this .2 acre parcel; and further, that it be approved as a
local plan amendment.
REF/DJK*13/B:LUPEXXON.TXT
nr:AL~
M
[ITY DF DELRAY BEA[H
CITY AnORNEY'S OFFICE
, i: ,I
;, -J.
, ,I. \ '. i~i \i I!. I U)R][)-\ .,.>-Hi:;
_;iJ.'\ ~~3- ~ 'I'll!
MEMORANDUM
Date: February 2, 1988
To: City Commission
From: Herbert W. A. Thip.le, City Attorney
SUbject: Finalization of St. Mary's the Virgin Church Title Transaction
In the course of making final preparations for the closing of the City's sale of
the property at the southeast corner of Homewood Boulevard and West
Atlantic Avenue, a number of potential title problems were uncovered by
Flagler Title Company who is issuing the title insurance policy in this matter.
Although the City Attorney's Office, in conjunction with Flagler Title, has
been able to resolve or rectify 14 of the 15 "exceptions" to the title policy,
one other area needs to be addressed which requires City Commission input
and approval.
Specifically this other area of concern is with reg-arr! to the full amount of the
land to be conveyed by the City to St. Mary's thp. Virgin Church. When
Homewood Boulevard was realigned and the existing Homewood Boulevard
abandoned by the City, the subsequent legal description, which was provided
by the surveyors which was subsequently incorporated into the deeds between
the City and Namil Corporation, included a strip of property of approximately
40' x 97.90' that abutted Lot 1 of Go!fview Estates. While the deed and title
policy showed that this strip of land is titled to the City, the actual fact is
that when Homewood Boulevard was abandoned, the interests in this parcel of
property was acquired by the owners of Lot 1 (Quality Broadcasting Corpo-
ration (d/b/a WDBF)).
In order to convey to St. Mary's the Virgin Church the full 2.55 acres
contemplated in the contract, it will be necessary for the City to acquire in
advance the rights that Quality Broadcasting Corporation has in this 40' x
97.90' strip of property. The City Attorney's Office has had discussions with
Mr. Vic Knight who represents WDBF/Quality Broadcasting Corporation, and
Mr. Knight has agreed to convey to the City the interests of Quality Broad-
casting Corporation in this property for the sum of $5,000. We believe that
this figure is an acceptable vaiue for the property if you utilize the $135,000
purchase price of the remainin~ parcel divided by its square footage. Thus
the strip of property containit.g 3,916 at $1. 23 pe~ square foot would equal
the sum of $4,816.68.
By copy of this memorandum to the City Manarie: 's Office, we are hereby
requesting that this item be placed on the regula.. agenda at the next City
Commission Regular meeting for authorization to acquire the interest of
<:g
\
Memorandum to City Commission
February 2, 1988
Page 2
QuaHty Broadcasting Corporation for the sum of $5,000.00. plus attendant
closing expenses to be paid for by the City, and recommend that the Commis-
sion authorize this action prior to the conveyance to St. Mary's the Virgin
Church.
Please also be advised that the City Attorney's Office shall then place an
appropriate claim before the title insurance company insuring the City's
interest in the tract (Attorney's Title Insurance Fund) for this sum and any
additional expenses, since this parcel was part of the title insurance policy
insuring the interests of the City in this property.
If any members of the City Commission have any questions concerning this
matter, please contact the City Attorney's Office prior to the agendaing of
this matter.
tl::w
Attachment
cc: Walter O. Barry, City Manager
Robert Barcinski, Assistant City Man/lger
Gates Castle, Assistant City Engineer
Vic Knight, Quality Broadcasting Corp.
,~
N
~
. -r I 11 I. I I f -
A'F-
-
0,02 ACs, "J
80.40
I
it:: \
,j It
'~~
""tJ
,~ \II
_-k~ _l_4~'~ t
~
C
\9
~
~,
~,
~'
.....
"<,
'oS
-..
-...\
<t
~
\~
:<!..'
'--
t-..
to-.
l<'\
to;.
<>Iol
II
~ ';.J
~ ..:l
_~ r"
. ~
~ II
~ U
~
...
a.
'"'>
~\
Q:l
Co
C)
a
-
'>
~
-s.
o
-:s:..
,/
,//
//
//
/
/'
/
/
/
/
l.
---
,
"l
"',
~lfI Line '
e.id;nj 'Y r- - - -
,
7\'"
, 'rod' Riff i.ir." , .
I'I~:J;J.'" ,
I '
904'13'3:'''W
,-'
.....
207.(,5 '
.
~~
t\.: '....
'.).,~
,~
;:s
~
...'
}'
~
I
I
I
I
I
I'
I~-
.'"
I "
I
,I
I
"
<: g'l' .."',
-. ._..::
c
c:.I1''l' ge~'(
1,.0
2.,2 A ::3.
/
////""
"
..
, ~
~.4
o
~.
,,~
.I .
o
-;n
i'
~
'to
I!l
\
'.
\
,
\p
....
\
-~
!
.
"
4a' i
~
~
~
6, LiNe
, I -
v.J z:. ,:SW ~, SEL l8
\
>
-1-
I
.1 ..;.'
)l.'
l ~;~:f:{,~):.';/~:, >:~;',~;:~:. ,:.:\,'
I ;".;:.(:<,,'
" '.,' ,'..
,,' (d_".-~' .), '- "
': "."t:.,tl'~.::~\i:!,~,~~!;.'::';'~,
I'd ,...q<!""".",~,:, ,,{., .'.',....
, . ";~;;;;~~;:'14' ~': '.
.;, NQ7.~4.~' '-',','
~_. it 1:l,.'V.:J.;';Vi\"?" -
J ~~ : ~'#;.,.'t~~"~rr,~.;,~: , ~,,~
."...: ';'J~'.f""'" . ,,"
'v'>.{..~.. ...:~ci;<J'J!''"'' 't..-
..r,.....~". ~ if";~f~:""."1;'.'" ~r '
.;, " ,Jr ~,\, ,'~\ I~ .:'. ~:,'
DEPARTL.2NTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
~(j
TO
K~Lt~r O. Barry, City Manager
FROM
,nizaQeth Arnau. CitLClerk tk
SUBJECT_~PC om2_ng _M,iJ_n ic:: ip~ 1 Election
DATE
1/25/88
Consider designating Jackie Winchester, Supervisor of Elections
for Palm Beach County, as representative for the testing of the
automatic tabulating equipment, prior to the March 8, 1988,
election, as additional member of the City's Canvassing Board
to represent the City in the pre-election test on Tuesday,
March 8, 1988. and appointing the Supervisor of Elections Office
of Palm Beach County to receive and tabulate the City's Absentee
Ballots,
I
q
eM 362
THE Ecf' h' /\i\'iAYS MATTER~
U cr' At", ." _I" i .\L.
CORRESPONDENCE
[IT' DF
DELRAY BEA[H
~~Ci
TO Mr. Walter O. Barry, City Manager
FROM
Robert S. Pontek, Director of Public Utilities
SUBJECT
CSX RAILROAD AGREEMENT FOR (1) 16" WATERMAIN AND (2) 36" RAW
WATERMAIN
DATE
2/01/88
The City Attorney has worked with legal staff of the CSX Railroad
for several months to arrive at an agreement suitable for execu-
tion by the City of Delray Beach.
It is necessary for us to cross CSX RR in the vicinity of the IBM
complex for the 16" Germantown Water Transmission Main and also
cross near S.W. 10th Street for a 36" raw watermain to service
our golf course wells.
We have numerous water and sewer lines under CSX properties and
pay annual permit fees for this "privilege". It appears from
Herb Thiele's memo and his comments to you and I on February 1st,
the City Commission could authorize execution of these agree-
ments.
I suggest, based on the City Attorney's comments and CSX permits
issued to us which allow construction, the City Commission
approve execution for these agreements. Appropriate fees will be
paid using Public Utilities Funds.
RSP:aae
)0
eM 362
THE EFFORT ALWAYS MATTER
DEPARf ,ENTAL
CORRESPONDENCE
EIT' DF
DELRA' HEAEM
'T~(j
,/
TO.._ ..,w..~. Barr~1;y Manager
\Ur:, :.A~, k'(!)UCv~
FROM _",_,,, David J. Kovacs. Dire~tor
D~partment of Planning and Zoning
SUBJECT ..,__,CI,TY COMMISSION DOCUMENTATION - FEBRUARY 9. 1988
ACCEPTANCE OF D.C.A. PLANNING GRANT
DATE February 2, 19E,
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of accepting a
grant in the amount of $37,756 for use in preparation of the
update of the City's Comprehensive Plan. The funding source is
the State's Department of Community Affairs.
BACKGROUND:
Funding assistance for Plan updates is provided by the State.
The City qualifies for assistance in the amount of $37,756. A
grant request was prepared by the Planning Department in October,
1987, and was forwarded to the State. The grant contract was
inadvertently set aside in the transition of City Managers and
only emerged on January 26, 1988. Because of this delay, we will
not be able to provide products pursuant to the original
application. The Planning Department has communicated with
D.C.A. and has obtained confirmation that the grant contract may
be amended prior to execution by the City. An amendment,
suitable to the City and D.C.A., has been inserted in the
contract.
The contract is attached.
ALTERNATIVE ACTIONS:
1. Reject the contract and funding.
2. Accept the contract and direct that it be executed.
RECCWotENDED ACTION:
By .notion, accept the grant award of $37,756 to used for
updating of the City's Comprehen!:!ive Plan and authorized the
Mayer to sign the con;:ract, as revised.
Attachment:
cover lette:: from D.C.A. dated December 7, 1987,
revised con:ract (I
REFJDJKt14/B:GRANTDCA.TXT
CM362 THE E o"~ ALWAYS MATTER~
t
,
DEPARTr\.iNfAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H ~
z,.,,,rJJ.L 1"~(j
TO
Bo~Barcinski. Assistant_gity Manager
David J. Kovacs, Director of Planning and
Stan Weedon, Assistant Planning Director
- -
VIA:
FROM
SUBJECT
EXECUTION OF 1988 LGCPA GRANT CONTRACT
2-2-88
c)AT~
Attached please find the 1988 Local Government
Planning Act Grant Contract. Please have the Mayor
page 5 of the Contract as well as the green area on
of the attachments.
Comprehensive
sign and date
pages 1 and 2
Although the contract complies with our application, the schedule
modifications on the attachment are necessary as a result of
delays caused by work on the Enclave Report and other priority
items. We are continuing to negotiate a contract with Les Solin
& Associates for the work products covered by this contract. I
discussed our need for these changes with Randy Zipser of the
Department of Local Affairs on Tuesday, January 27, 1988, and he
indicated that we should make the necessary modifications in ink
and have the Mayor initial the changes. I believe the typed
changes are more legible and appropriate.
It should be noted that the original letter of December 7, 1987
from DCA never reached our offices, and that these documents are
copies which we requested the second week of January, 1988.
Several documents which the City was supposed to have received
during the early part of December 1987 from DCA appear to have
been misdirected as a result of their offices being relocated.
Therefore, Mr. Zipser indicated that we should return the signed
documents ASAP.
As we discussed on Tuesday, the final work products and delivery
date remain unchanged from that in the application authorized by
.the City Commission and since the contract is the standard State
Contract (1986 and 1987 previously executed), it may be
appropriate for the Mayor to sign the contract without it being
sent to the City Commission for action.
REF: SWDW3 IA: 88lgcpa
attachment
CM 362
Th~ E,,;,
Ai,i.JA'(S MATTER;,
.
,
~
STATE OF FLORIDA
DEPARTMENT OF' COMMUNITY AFFAIRS
2571 EXECUTIVE CENTER CIRCLE, EAST. TALLAHASSEE, FLORIDA 32399
101 MMTlNEZ
co--
December 7, 1987
THOMAS C. PELHAM
SecNlMy
Honorable Doak S. Campbell, III
Mayor
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mayor Campbell:
Enclosed are two copies of a contract between the Department
of Community Affairs and your local government pursuant to the
1987-88 Local Government Comprehensive Planning Assi.tance
ProgrUl.
The .cope of .ervices and schedule of deliverables which
were submitted by your local government in its application for
funding are incorporated in the contract by reference (Attachment
A). A copy of Financial Report form number RPM/LRP(3/87) and
Progress Report form number RPM/LRP(4/87) are also enclosed for
your information.
Please indicate in paragraph XV (B) of the contract the name
and title of the person designated by your local government to be
responsible for administration of the contract. This individual
must not be a consultant.
, Both copies of the contract should be executed by the chief
elected official or other person authorized by your local
government and returned to Mr. Randy Zip.er at the addre.. above
within 30 days from the date of receipt. If executed by someone
other than the chief elected official, a copy of the written
authorization must be submitted with the contracts.
After execution by the Department, a copy of the contract
will be returned for your records.
:MERCEN':Y MANACEMENT . !iOI SINC AND COMMUNITY DE\'ftOI'MENT . RESOURCE PLANNINC AND MANACEMENT
t
,
If you have any questions, please contact Randy Zipser at
904-487-4545.
/'
SinCerelY~
~1
,lut\ 1.l.V1~t--
, es L~ nn, Chief
reau of Local Planning
JLQ/des
Enclosures
"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2571 EXECUTIVE CENTER CIRCLE, EAST. TALLAHASSEE, FLORIDA 32399
BOB MARTINEZ
G.........
January 28, 1988
THOMAS G, PELHAM
See.......,
The Honorable Doak S. Campbell
Mayor
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Mayor Campbell:
Several weeks ago, the Department sent you two copies of a
proposed Local Government Comprehensive Planning Assistance
contract providing funds to your local government for updating a
portion of your comprehensive plan. Both of these copies were to
be signed and returned to the Department within 30 days of their
receipt.
To date, we have not received these signed contracts. Since
no funds can be released until the Department's receipt and
execution of these contracts, it is important that they be signed
by your chief elected official or authorized representative and
returned to the Department as soon as possible.
If you have any questions or require assistance with this
important matter, please call Randy Zipser at 904-487-4545.
Sincerely,
/(., , '
L.....:. t-.... t:,.(
fl, :::",.t...~' L..-.-......
D&le R. Eacker, Administrator
Grants and Publications Section
DRE/ds
EMERGENCY MANAGEMENT. HOUSIN" AND COMMUNITY ;lEV 'LOPMENT . RESOURCE PLANNI"'G AND MANAGEMENT
',t
,
STATE OF FIDRIDA
DEPARTMENT OF COKMt7NITY AFFAIRS
IDCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE
PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Departaent of Community Affairs, hereinafter referred to as the
"Department", and City of Delray Beach , hereinafter
referred to as the "ReCipient".
W!TNESSETH
WHEREAS, the Department, in furtherance of it. duties under
Chapter 163, Part II, Florida Statutes, and Chapter 87-98, Laws
of Florida, ha. determined that the Recipient i. eligible to
receive fund. under the Local Government Comprehen.ive Planning
As.istance proqram, hereinafter referred to a. the "Proqram".
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the .ervice. de.cribed herein and the Recipient does
hereby agree to perform such .ervices under the terms and
condition. .et forth in this contract.
II. Availability of Funds
Payment of the.e .tate funds pursuant to this contract are
.ubject to and conditioned upon the total release of authorized
appropriations from the Local Government Comprehensive Planning
A.si.tance Program provided by Chapter 87-98, Laws of Florida.
III. Definition, Scope and Quality of Service
(A) Intent of the Contract
(1) The Recipient agrees, under the terms and conditions
of this contract and the applicable .tate and local
laws and regulations, to undertake, perform, and
complete a portion of the necessa~y technical
.ervice. required to update and rHvi.e the required
comprehensive plan elements and tu prepare a portion
of the comprehensive plan revi.iolls a. necessary to
bring .uch required element. into compliance with
Chapter 163, Part II, Florida S'l.a\:utes and Chapter
9J-5, Florida Administrative Code Acceptance of
the final product by the Departmeilt is not to be
construed as a complianc~ review :'equired by Chapter
163, Part II, F.S.
(B) Scope of Services, Schedule of De:"iverabl...
(1) Attachment A, Scope of Servic.s/Schedule of
Deliverables, is hereto incorporated by reference.
(2) Except in areas where the Recipient is a charter
c~unty with overall planning responsibilities or has
docullPnted planning requirements through a joint
Lgr.p.~~nt, .ervices provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
1
IV. Consideration
Jaount of Consideration
Aa consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 37.756.00 . Payment will be based on the payment
.chedule contained in Article V of this contract.
U.e of Funds
Funds .ay be used tor salaries and expenses of local
government staff .embers or .ubcontractors involved
in preparing a portion of the required coaprehensive
plan revisions pursuant to an approved .cope of
, .ervJ,ces and work completion schedule.
Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions ot Section 112.061, Florida
Statutes.
Funds may not be used for the purchase of equipment
or other capital items.
V. Method of Payment
(A)
(1)
(B)
(1)
(2)
(3)
(A) The Department shall pay forty (40) per centum of the
funds after receipt and approval of the progress report, financial
report, and copies o~drafts or completed work products, due
F."''I"IUI1'"V ?Ai. 1 QRA .
(B) The Department shall pay the final sixty (60)
per cent~ of the funds after receipt of the work products under
this con~act, and the final financial report due AUl1:ust 15. 1988
~) All financial reports shall be submitted in detail
sufficient for a proper pre- and post-aUdit thereof.
VI. Required Reports and Records
(A) The Recipient shall provide to the Department:
(1) a financial report and a progre.s report, on report
forms provided by the Department, and copies of
drafts or completed work products due ..,fibruarv 28. 1988
Copies of Form No. RPM/LRP (3/87), entitled
-Financial Report" and Form No. RPM/LRP (4/87),
entitled -Progress Report,- may be obtairad froa the
Department:
(2) a contract closeout report consisting cfa financial
report and a copy of each work product ploduced under
this program shall be received by the De~artment no
later than AUl1:ust 15. 1988 , unless th. Recipient
received an extension pursuant to Rule iJ-20.005(7),
Florida Administrative Code.
(B) If all required reports and copie., prescr-ibed ebove,_
are not .ent to the Department or are not complet~d in a manner
acceptable to the Department, the Department shall withhold
further payments until they are completed. The Department may
terminate the contract with a Recipient if reports are not
received within ten (10) days after notice by the Department.
-Acceptable to the Department" means that the work product was
completed in accordano. with protessional planning principle. and
is consistent with the scope ot services.
2
VII. Auc!! ~ "quir_en~s
(A) !be Recipien~ .qrees ~o .aintain .4equate financial
proce4ures and .dequa~e support documents ~o .ccount for the
expen4i~ure of funds under this contract.
(8) !bese records shall be .vailable a~ all reasonable
~iaes for inapec~ion, review, or .u4it by st.~e personnel and
other personnel duly .uthorize4 by the Departmen~. -Reasonable"
shall be cons~rued .ccordinq to Circumstances, bu~ ordinarily
shall .e.n noraal business hours ot 8:00 .... ~o S:OO p..., Local
Tiae, Mon4ay throuqh J'riday.
(C) !be Recipient sh.ll .lso provide the Dep.rtment with
the records, reports or financial statements upon reques~ for the
purposes ot .u4i~inq .nd .onitorinq the fun4s .warded under this
contract.
(D) !be Recipient shall include an accountinq of the.e
funds in the local .udit prepared by the Recipient for the 1987-
88 and 1988-89 fi.cal years.
(E) In the event the au4it .how that a part or the entire
fund was no~ spent in accor4ance with Chap~er 9J-20, J'lorida
A4ministrative Code, .n4 the con4itions of this con~r.c~, the
Recipient shall be held liable for reimbursement ~o the
Departmen~ of .11 funds no~ spent in accor4ance with these
.pplicable regulations .nd contrac~ provisions within thirty (30)
days .f~er the Department has notified the Recipient of such
noncompliance.
(F) !be Recipien~ shall retain all financial records,
supportinq documen'.s, statistical records, and any other
documents pertin. .t ~o this con~rac~ for a period of three years
after the date 0" Submission of the final expenditures report, or
if an audit has 'Jeen ini~iated and audi~ findinqs have not been
resolved .t the end of three years, the records shall be retained
until resolutio~ of the .udit findinqs.
VIII. Public Records
!be Recipient shall allow public .cces. to all document.,
reports, papers, letters or other .aterial, subject to the
- provision of r.hapter 119, Florida statutes, prepared or received
by the Recipient in conjunction with this contract. It is
expressly understood that upon receipt ot substantial eviden~e of
the Recipient's refusal to comply with this provision, the
Department will have the riqht to terminate this contract fot
breach.
IX. Subcontract.
(A) If the Recipient subcontracts any or all of the \,'ork
required under this contract, the Recipient aqree. to includl in
tho subcontract that the subcontractor is bound by the terms and
condition. of this contract with the Department.
(B) The Recipient aqree. to include l.n the s'.1hcontraCJt
that the subcontractor shall hold the Department and Recipient
harmle.. aqainst all claim. of whatever nature arisinq out of the
Subcontractor's performance ot work under this Contract, to the
extent allowed an4 required by law.
(C) If the Recipient subcontracts, a copy of the executed
subcontract must be forwarde4 to the Department within 10 days
after execution.
3
X. L!eility
The Recipient hereby agree. to hold harmle.. the
Department, to the extent allowed and required by law, from all
claim., demand., liabilities and suit. of third persons or
entities not a party to this contract arising out of, or due to
any act, occurrence, or omi.sion of the Recipient, it.
subcontractor. or agents, if any, that is related to the
Recipient's performance under this contract.
XI. Contract Term
(A) The contract shall commence on the la.t date of
silpling by the partie. involved. No co.t may be attributed to
this contract prior to that date. .
(B) All activities performed pursuant to this program
contract shall be completed on or before ....AJ.tllust 15. 1988
unle.. the Recipient has received an extension pursuant to Rule
9J-20.005(7), Florida Admini.trative Code.
XII. Modification of Contract
Either party may reque.t modification of the provision. of
this contract. Change. which are mutually agreed upon shall be
made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIII. Identification of Documents
The cover page or title page of all reports, maps and
other documents completed as a part of this contract shall
acknowledge:
.Preparation of this (Map or Document) was aide~through
financial assistance received from the state of Florida
under the Local Government Comprehensive Planning
Assistance Program authorized by Chapter 87-98, Laws of
Florida and admini.tered by the Florida Department of
community Affairs..
The date (month and year) the document was prepared and the name
of the .ubcontractor or Recipient community respon.ible for its
- preparation shall al.o be shown.
XIV. Termination
(A) This contract may be terminated by the written .utual
con..nt of the parties.
(B) If the Recipient .hall fail to fulfill in a timely
and I'roper manner its obligations under this contract, the
Depaltment shall have the right, without liability, to terminate
this contract within ten (10) days after giving written notice to
the P.ecipient of .uch termination. The Department may alp'o
requi,re a pro rata repayment for funds paid to a Recipient who
breaches any part of this contract.
(C) Notwith.tanding the above, the Recipient .hall not be
relieved of liability to the Department by virtue of any breach
of contract by the Recipient. The Department may withhold any
payment. to the Recipient for purpose of .et-off until .uch time
as the exact amount of damages due the Department from the
Recipient i. determined.
XV. Notice and Contact
(A) The contract manager for this contract i. Randy Zipser,eBureau of Local Resource Planning, Technical A.si.tance Section.
4
the
(B) The Repre.entative of the Recipient re.pon.ib1e
a~ini.tration of thi. con~ract i.
Sh", 'W-t<0.e r-. , A-ss .st", f J),~t}'" ot ? },.'l"\I;".\ .
for
(C) In the event that different repre.entative. are
de.iqnated by either party after execution of thi. contract,
notice of the naae and addre.. of the new repre.entative will be
rendered in vritinq to the other party and .aid notification
attached to the oriqinal of thi. contract.
XVI. Ter1U and Condition.
The contract contain. all the term. and condition. agreed
upon by the partie..
IN WITNESS WHEREOF, the partie. hereto have cau.ed thi.
contract to be executed by their under.iqned official. a. duly
authorized.
RECIPIENT:
BY:
NUle and Title
Date
Witness
.
STATE OF FLORIDA
DEPAR'l'MENT OF COMMUNITY AFFAIRS
BY:
NUle and Ti Ue
Date
5
Page 1 of 2
Att.chment A
SCO'E OF SERVICES/SCHEDULE OF DELIVERABLES
SCO'E OF SERVICES - Deacribe, in outline form, ~h. work
product. ~hat will be completed during thi. contr.ct period
u.ing only the alloc.ted funding. Identify, in ~. column to
~. right, the .pacific ..ction. of Ch.pt.r 'J-5, r.A.C., th.t
will be complet.d by ..ch work item li.ted. If. .ection of
Ch.pt.r 'J-5, r.A.C., i. not applicable, pl.... identify the
appropri.te .ection of Chapter 163, '.rt II, r.s. (If .
n.c....ry, pl.... copy thia page and continue).
A.
. WOlUt PRODUCTS
SECTION OF 13-5
1. Data collection, analysis, and
existing maps, where required,
for the following elements:
a. Sanitary Sewer, Solid Waste,
Drainage, Potable Water, and
Natural Groundwater Aquifer
Recharge
b. Housing
c. Recreation and Open Space
d. Conservation
2. Complete goals, objectives and
policies for the following
comprehensive plan elements:
_ a. Sanitary Sewer, Solid Waste,
Drainage, Potable Water and
Natural Groundwater Aquifer
Recharge
b. Housing
c. Recreation and Open Space
d. Conservation
1.
a. 9J-5.011(1), F.A.C.
b. 9J-5.010(1),(2), F.A.C.
c. 9J-5.014(1),(2), F.A.C.
d. 9J-5.013(1), F.A.C.
2.
a. 9J-5.011(2)(a)-(c), F.A.C.
b. 9J~5.010(3), F.A.C.
c. 9J-5.014(3), F.A.C.
d. 9J-5.013(2), F.A.C.
Form No. RPM/LRP (6/87)
SUl'.~~~ nn9/88)
See .r"evi!ledplt~e 2 of 2
Pdge 2 of 2
B.
SCHEDULE OF DELIVERABLES - Please indicate, under the
appropriate dates below, the specific work products from . "
A, Scope of Services that will be submitted for the "interlm
and the "final" product delivery dates pursuant to U-20,OOS(4).
Interim Date:
February 28, 1988
(1) financial report
(2) progress report outlining current status of contracted
work products
(3) Complete data and analysis for the following comprehensive plan elements:
a. Sanitary Sewer, Solid Waste, Drainage, Potable Water, Natural
Groundwater Aquifer Recharge
b. Housing
c. Recreation and Open Space
d. Conservation
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope of Services.)
Final Date:
August 15, 1988
(1) final financial report
(2) Complete goals, objectives and policies for the following comprehensive
plan elements:
a. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural
Groundwater Aquifer Recharge
b. Housing
c. Recreation and Open Space
d. Conservation
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope cf Services.)
,
SUPERSEDED (1/29/88)
See revised page 2 of 2
Form No. RPM/LRP (6/87)
Revised Page 2 of 2
B. SCHEDULE OF DELIVERABLES - Plea0c indicate, under the
appropriate dates below, the specific work products from
A. Scope of Services that will be submitted for the "inten..m"
and the "final" product delivery dates pursuant to 9J-20.005(4)
Interim Date:
February 28, 1987
(1) financial report
(2) progress report outlining current status of contracted
work products
(3)
draft data and analysis for:
a) Conservation Element
i
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope of Services.)
Final Date: August 15,1988
(1) final financial report
(2)
draft data and analysis for:
~
1
a) Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Natural Ground-Water. Aquifer Recharge Element
b) Housing Element
c) Recreation and Open Space Element
(3) Complete goals, objectives and policies for the following
comprehensive plan elements:
a) Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Natural Groundwater Aquifer Recharge Element
b) Housing Element
c) Recreation and Open Space Element
d) Conservation Element
(The above work products will be completed in accordance with the requirements of
Chapter 9J-5, F.A.C., as referenced in the Scope of Work)
Form No. RPM/LRP (6/87)
~ . ;.'
I
Ii
I,
Ii
,
\
I
I
i
Ii
I'
;1
I'
i!
I'
I
I
i
I
I
RESOLUTION NO. 9-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LANDIS) 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 ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING.oF NOTICE OF LIEN. .
WHEREAS, the City manager or his designated representative his,
pursuant to Chapter 13 of the Code of Ordinances, declared the existelce
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation of the
provisions of Chapter 13 of the Code of Ordinances; and,
WHEREAS, pursuant to section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a
nuisance existed in accordance with the standards set forth in Chapter
13 of the Code of Ordinances, and did furnish the respective owner(s) of
the landls) described in the attached list with written notice of public
nuisance pursuant to Sections 13-16 and 13-17 of the Code of Ordinances
describing the nature of the nuisance Is) and sent notice that within ten
(10) days from the date of said notice forty-two (42) days in the case
of violation of Section 13-14 pertaining to seawalls) they must abate
said nuisance, or file a written request for a hearing to review the
decision that a nuisance existed within seven (7) days from the date of
said notice, failing in which the City of Delray Beach would proceed to
correct this condition by abating such nuisance, and that the cost
thereof would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nu~ance(s) existing upon their respective lands or to properly request
a aring pursuant to Section 13-16 within the time limits prescribed in
sa' notice and Chapter 13 of the Code of Ordinances, or if the property
owner Is) did request and rece i ve a hearing, said property owner Is)
failed and/or neglected to abate such nuisance(s) within seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) days for violation of 13-14); and,
WHEREAS, the City of Delray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore required to and did enter upon the land(s)
described in the list attached and made a part hereof and incDrred costs
in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council a report of the costs incurred in
abating said nuisance Is) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of
said nuisancels) against said property ownerls),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I~
I
I
I
I:
I
I
I
I
i
I
,
section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against th~ parce:ls)
of land described in said report and in the amount Is) indicated therl!on.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, 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 t,lxes
and shall be collectible in the same manner and with the same penal':ies
and under the same provisions as to sale and foreclosure as City tHxes
are collectible.
Section 2.
binding obligations
levied.
That such assessments shall be legal, valid land
upon the property against which said assessments are
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail_to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice Is) that the City Council of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
qther costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment Is) 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
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
~ Section 5. That in the event that payment has not been
re eived by the City Clerk within thirty (30) days after the mailing
da e 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
certified 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 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That at the time the City Clerk sends the certified
cop'y of this resolution for recording, a notice of lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
of
PASSED AND ADOPTED in regular session on this the
, 1988.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
?es No 9-.88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 21, BLOCK 8, ROSEMONT
PARK, PB 13, P 60, PUBLIC
RECORDS,PALM BEACH COUNTY, FL
(714 S.W. 7TH AVENUE)
W75' OF E175' OF N160' OF W
1/2 OF S 1/2 OF LOT 5/LESS
RD RIW, SUB. 8-46-43, PB 1,
P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(LAKE IDA ROAD)
LOT 13, BLOCK B, TOURIST NOOK,
PB II, P 47, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.W. 9TH AVENUE)
LOT 16, BLOCK A, TOURIST NOOK,
PB 11, P 47, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.W. 10TH AVENUE)
LOT 2, BLOCK 4, PRIEST'S ADDN.
TO ATLANTIC PARK GDNS, PB 23,
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(205 S.W~ 14TH AVENUE)
,
LOT 29, LINCOLN PARK, DELRAY,
PB 23, P 160, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(119 S.W. 9TH AVENUE)
LOT 321, TROPIC PALMS PLAT f1,
PB 25, P 99, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(MALLARD DRIVE)
LOT 45, TROPIC PALMS PLAT f2
REPLAT, PB 33, P 144, PUBLIC
RECORDS, PALM BEACH COUNTY,
FL
( 3101 PHOEBE LANE)
LOT , B~OCK 4, PRIEST'S ADDN.
TO A LAN'~IC PARK GDNS., PB 23,
P 70, ~U~LIC RECORDS, PALM
BEACH CO' JNTY, FL
(229-231 S.W. 14TH AVENUE)
LOT 11 ,lLOCK 4, PRIEST'S ADDN.
TO ATLANrIC PARK GDNS., PB 23,
P 70, PU3LIC REC0RDS, PALM
BEACH COJNTY, FL
(241,.243 S.W. 14TH AVENUE)
LOT 24, BLOCK 2, PRIEST'S ADDN.
TO ATLANTIC PARK GDNS., PB 23,
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(150 S.W. 14TH AVENUE)
LOT 16, BLOCK 2, PRIEST'S ADDN.
TO ATLANTIC PARK GDNS., PB 23,
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 14TH AVENUE)
OWNER
ODESSA HOLT
714 S.W. 7TH AVENUE
DELRAY BEACH, FL 33444
LUECRETIA WALKER
601 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
WILLIE L.& ERMA J.WRIGHT
106 N.W. 12TH AVENUE
DELRAY BEACH, FL 33444
VINCENT VILLAFANE
MILAGROS VILLAFANE
423 WILDER STREET
WEST PALM BCH, FL 33405
J.R. & BETTY J. LANG
326 S.W. 10TH AVENUE
DELRAY BEACH, FL 33444
ASSESSMENT
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
$125.00
35.00 (ADM. COST)
(RECORDING)
$ 73.76
35.00
l I
I
,
(ADM COST) I
(REC RDING) I
$ 73.76
35.00 (ADM. COST)
(RECORDING)
IVAL STIRRUP $ 18.44
602 S. SWINTON AVENUE 35.00 (ADM. COST)
DELRAY BEACH, FL 33444 (RECORDING)
MICHELLE GRZESIAK $ 35.00
1621 N.E. 5TH COURT 35.00 (ADM. COST)
FT. LAUDERDALE, FL 33301 (RECORDING)
ALLAN DUBOIS $ 75.00
3108 PHOEBE LANE 35.00 (ADM. COST)
DELRAY BEACH, FL 33444 (RECORDING)
JUAN THOMPSON & ELIJAH
THOMPSON & L. THOMPSON
26 S.W. 7TH AVENUE
DELRAY BEACH, FL 33444
JUAN THOMPSON & ELIJAH
THOMPSON & L. THOMPSON
26 S.W. 7TH AVENUE
DELRAY BEACH, FL 33444
SAMUEL T. BALAM
150 S.W. 14TH AVENUE
DELRAY BEACH, FL 33444
MONROE WILLIAMS
RUBIN CLINTON III
605 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
-3-
$150.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$150.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
Res. No. 9-88
LOT 8 & SlO' OF LOT 9, BLOCK
11, SEACREST PARK, PB 24, P 33,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(2105-2107 N.E. 3RD AVENUE)
LOT 10, BLOCK 9, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.E. 9TH ST. & S.E. 3RD AVE.)
LOT 11, BLOCK 9, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.E. 9TH ST. & S.E. 3RD AVE.)
S3l' OF LOT 12, BLOCK 9,
OSCEOLA PARK, PB 3, P 2,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.E. 9TH ST. & S.E. 3RD AVE.)
LOT 16, BLOCK 4, PRIEST'S ADDN.
TO, ATLANTIC PARK GDNS., PB 23,
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 13TH AVENUE)
LOT 5, BLOCK 1, ROSEMONT PARK
DELRAY, PB 13, P 60, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(617 S.W. 5TH AVENUE)
LOT 4, BLOCK 11, SEACREST
PARK, PB 24, P 33, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.E. 3RD AVENUE)
LOT 384, TROPIC ISLE 3RD SEC.,
PB 25, P 37, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(IRIS DRIVE)
LOT 27; TROPIC LSLE, PB 21,
P 43, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(EVE STREET)
LOT~03' TROPIC ISLE 2ND SEC.,
PB 4, P 245, PlBLIC RECORDS,
PAL BEACH COUN1Y, FL
(929 CYPRESS DRIVE)
LOT 30, BLOCK 8, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUN~Y, FL
(727 S.E. 2ND MENUE)
E 1/8 O~ W 1/2 CF N 1/2 OF
LOT l/LESS N 1/2, SUB. SECTION
20-46-43, PB 28, P 68, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 6TH AVENUE)
LOT 2, BLOCK 4, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 13TH AVENUE)
LOT 3, BLOCK 4, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 13TH AVENUE)
MICHAEL A. & DAWN I.
KOVACS
2710 S.W. 8TH STREET
BOYNTON BEACH, FL 33435
BRYAN M. DUVALL % SUN
BANK/PBC NATL.ASSN.TRS.
P.O. BOX 2468
DELRAY BEACH, FL 33447
BRYAN M. DUVALL % SUN
BANK/PBC NATL.ASSN.TRS.
P.O. BOX 2468
DELRAY BEACH, FL 33447
BRYAN M. DUVALL % SU~
BANK/PBC NATL.ASSN.TFS.
P.O. BOX 2468
DELRAY BEACH, FL 33447
ROSA L. SCOTT
401 S.W. 10TH STREET
DELRAY BEACH, FL 334~4
COUNCIL & PHANNYE HAYES
617 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
MILDRED L.ROBERTS & F.W.
ROBERTS &E.S.&D.L. STONE
605 E. 43RD STREET
BALTIMORE, MD 21212
LEONARD L. SURLES JR.
% SURLES & SONS DIST.
313 S.E. 2ND AVENUE
DELRAY BEACH, FL 33444
GUISEPPE & GABRIELLA
GISMONDI
6750 N. FEDERAL HIGHWAY
BOCA RATON, FL 33431
JAMES BIANCO
929 CYPRESS DRIVE
DELRAY BEACH, FL 33483
M.J. & PHYLLIS M.
HENDRICKS
4316 GLENEAGLES DRIVE
BOYNTON BEACH, FL 33436
KENNETH AUSTIN
1401 DIVISION AVENUE
WEST PALM BCH, FL 33401
R.M. & JUANITA E.COFFEY
1502 N.W. 85TH STREET
MIAMI, FL 33147
R.M. & JUANITA E.COFFEY
1502 N.W. 85TH STREET
MIAMI, FL 33147
-4-
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 9.22
11.68 (ADM. COST)
(RECORDING)
$ 9.22
11.66 (ADM. COST)
(RECORDI~G)
$ 9.22
11.66 (ADM. COST)
(RECORDING)
$125.00
35.00
~ \
I
(AD . COST)!
(RE ORDING)'
-.$ 25.00
35.00 (ADM. COST)
(RECORDING)
$ 55.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
$ 60.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
$ 15.00
35.00 (ADM. COST)
(RECORDING)
$195.00
35.00 (ADM. COST)
(RECORDING)
$ 81.68
11.68 (ADM. COST)
(RECORDING)
$ 81. 66
11.66 (ADM. COST)
(RECORDING)
Res. No. 9-88
LOT 5, BLOCK 4, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 13TH AVENUE)
LOT 4, BLOCK 4, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 13TH AVENUE)
S50' OF N200' OF W135' OF.
BLOCK 20, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(33 N.W. 6TH AVENUE)
N69.5' OF LOT 9, BLOCK 78,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(SW COR. OF S.E. 2ND AVENUE
& S.E. 1ST STREET)
LOT 22, BLOCK 32, . TOWN OF
DELRAY, PB 6, P 97, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(317 S.W. 5TH AVENUE)
S45.56' OF N190.56' OF E135'
OF BLOCK 24, TOWN OF DELRAY,
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(302-310 S.W. 5TH AVENUE)
LOT 1, BLOCK 6, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 1ST STREET)
LOT 1, BELLEHAVEN UNIT B,
PB 27, P 27, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(302 S.W. 10TH AVENUE)
LOT 10, BLOCK 13, DEL IDA
PARK, PB 9, P 52, PUBLIr.
RECORDS, PALM BEACH COUllTY,FL
(5l1N.E. 3RD AVENUE)
W54' OF E14l' OF S135' ()F
BLO 10, TOWN OF DELRA~, PB
1 P 3, PUBLIC RECORDS, .'ALM
BEACH COUNTY, FL
(605 N.W. 2ND STREET)
LOT 16, BLOCK 5, ATLAIlT:C
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BE. ,CH
COUNTY, FL
(S.~. 12TH AVENUEj
E87' OF S123' OF BLOCK 10,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(601 N.W. 2ND STREET)
LOT 21, BLOCK 4, ATLANTIC PARK
GDNS., PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 12TH AVENUE)
R.M. & JUANITA E.COFFEY
1502 N.W. 85TH STREET
MIAMI, FL 33147
ROBERT CASTELLOW, II
1150 N.W. 29TH WAY
FT. LAUDERDALE, FL 33311
LAURIE BAKER
33 N.W. 6TH AVENUE
DELRAY BEACH, FI, 33444
J.REEVE & ANN,; BRIGHT
700 SEA SAGE IlRIVE
DELRAY BEACH, FL 33483
J.W. & MARGAR~T YOUNG
317 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
HOUSE OF GOD DELRAY
BEACH, FLORIDA
5605 SIMS ROAD
DELRAY BEACH, FL 33445
CHARLES RIDLEY
146 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
M. & METTEREN BRINSON
302 S.W. 10TH AVENUE
DELRAY BEACH, FL 33444
JOHN R. WESTINE
250 N. DIXIE BOULEVARD
DELRAY BEACH, FL 33444
W.R. & DOROTHY PERRY
605 N.W. 2ND STREET
DELRAY BEACH, FL 33444
CHARLES T. & ANNIE M.
OXIDINE
29 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
EDWARD & GLORIA SUTTON
3631 AVENUE MONTRESSOR
DELRAY BEACH, FL 33445
WILLIE J. JR. & VETA M.
SPELLS
5311 WOODLAND DRIVE
DELRAY BEACH, FL 33445
-5-
$ 81.66
11.66 (ADM. COST)
(RECORDING)
$ 75.00
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
$ 18.44
35.00 (ADM. COST)
(RECORDING)
I
$ 75.00 f I
35.00 (ADt COST):
(RECORDING)
.$150.00
35.00 (ADM. COST)
(RECORDING)
$ 35.00
35.00 (ADM. COST)
(RECORDING)
$ 20.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$225.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 75.00
35.00 (ADM. COST)
( RECORDING)
Res. No. 9-88
LOTS 1 TO 3, INC., & E5' OF
LOT 4, BELLEVIEW COURT, PB 11,
P 45, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(840 S. SWINTON AVENUE)
LOT 21, BLOCK 5, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 11TH AVENUE)
LOT 3, BLOCK 25, TOWN OF
DELRAY, PB 5, P 2, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(N.W. 5TH AVENUE)
S50' OF N200' OF E135' OF
BLOCK 10, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 6TH AVENUE)
N 1/2 OF LOT 36 & LOTS 37 &
38, BLOCK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(230 S.W. 6TH AVENUE)
LOT 24, RESUB. OF BLOCK 17,
BLOCK 17, DELRAY BEACH, PB 21,
P 90, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 5TH AVENUE)
S53' OF LOT 2, BLOCK 43, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 2ND STREET)
LOT 8, BLOCK 43, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(103 N.W. 3RD AVENUE)
N100' OF W120' OF BLOCK 25,
TOWN OF DELRAY, PB 5, P 2,
PUBLIC RECORDS, PALM BEACH
COUNfY' FL
(SW ORNER OF N.W. 5TH AVENUE
& 4 STREET)
LOT 11, BLOCK 25, TOWN OF
DELRAY, PB 5, P 2, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(338 N.W. 4TH AVENUE)
LOT 18, BLOCK 3, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BE~CH COUNTY, FL
(S.W. 12TH AVENUE)
LOT 19, BLOCK 3, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 12TH AVENUE)
LOT 32, BLOCK 5, DELL PARK,
PB 8, P 56, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.E. 11TH STREET)
PERRY PROPERTIES, INC.
38 HIGH AVENUE
NYACK, NY 10960
MIRIAM S. SMITH
218 INFANTA AVENUE
ROYAL PALM BCH, FL 33411
LUCILLE H. KING
10304 M1LES AVE.,#422
CLEVE~AND, OH 44105
MINNI~ NEWMAN
% OSC)E NEWMAN
P.0.30X 1479
DELRA1 BEACH, FL 33447
KENNErH M. GARY
27 N.~. 14TH AVENUE
DELRAf BEACH, FL 33444
GLORIA H. SKINNER
806 N.W. 4TH STREET
BOYNTON BEACH, FL 33435
GEORGE & DOROTHY M. MACK
313 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
LUCILLE D. ANTHONY
103 N.W. 3RD AVENUE
DELRAY BEACH, FL 33444
EDITH B. BUTLER
1'.0. BOX 363
JELRAY BEACH, FL 33447
). & ANNIE MARTIN
338 N.W. 4TH AVENUE
@ELRAY BEACH, FL 33444
~ILLIAM H. BARTON SR. &
~ILLIAM F. BARTON
ll9 N.W. 9TH AVENUE
BOYNTON BEACH, FL 33435
WILLIAM H. BARTON SR. &
WILLIAM F. BARTON
419 N.W. 9TH AVENUE
BOYNTON BEACH, FL 33435
RAYMOND GRAEVE
3585 EDGAR AVENUE
BOYNTON BEACH, FL 33436
-6-
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 73.76
35.00
I
(AD I. COST)!
(RE~ORDING)'
-$ 35.00
35.00 (ADM. COST)
(RECORDING)
$ 55.00
35.00 (ADM. COST)
(RECORDING)
$ 90.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 {ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
17.50 (ADM. COST)
(RECORDING)
$ 25.00
17.50 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
Res. No. 9-88
LOTS 9 & 10, BLOCK 6, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(137 S.W. 12TH AVENUE)
LOTS 1 TO 5, INC., BLOCK 15,
TOWN OF DELRAY, PB 13, P 18,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(616 S.W. 2ND STREET)
LOTS I, 2 & 6, BLOCK 1,
COLONIAL HEIGHTS, PB 26, P 69,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(809 S.W. 8TH AVENUE)
E100' OF W200' OF N50' OF
BLOCK 18, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 3RD STREET)
N58' OF S312.l2' OF E135' OF
BLOCK 10, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 6TH AVENUE)
LOT 6, SUB. OF PT. OF BLOCK
56, DELRAY BEACH, PB 20, P 55,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(322 S.W. 1ST AVENUE)
LOT 19, BELLE HAVEN UNIT B,
PB 27, P 27, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(307 S.W. 11TH AVENUE)
LOT 15, BELLEHAVEN UNIT B,
PB 27, P 27, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(331 S.W. 11TH AVENUE)
LOT 20, BLOCK 6, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECtDS, PALM BEACH COUNTY,FL
(S. . 11TH AVENUE)
LOT 2, BLOCK 10, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 11TH AVENUE)
LOT 20, BLOCK 2, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 1ST AVENUE)
LOT 26, BLOCK 2, CARVER PARK,
PB 27, P 55, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(1408 S.W. 3RD STREET)
S50' OF N250' OF E135' OF
BLOCK 13, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(20 S.W. 6TH AVENUE)
C.F. JR. & C.M. RIDLEY
(ANNIE M. RIDLEY, EST.)
137 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
CARL L. FASHAW
616 S.W. 2ND STREET
DELRAY BEACH, FL 33444
BETHAL EVANGELICAL CHURCH
INC. % FRANK FRANCOIS
704 S. SWINTON AVENUE
DELHAY BEACH, FL 33444
L. & VASSEINA WILLIAMS,
ESTATE
227 N.W. 5TH AVENUE
DELRAY BEACH, FL 33444
IVERSON LASTER
511 N.W. 2ND STREET
DELRAY BEACH, FL 33444
LEONARD N. JR. & ARTICE
QUINCE
322 S.W. 1ST AVENUE
DELRAY BEACH, FL 33444
SPENCER & TERRY GAMMAGE
307 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
L. & BETTY JO BRADLEY
331 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
BESSIE WALKER EST.
130 S. W. 11TH AVENUE
P.O. BOX 2071
DELRAY E~ACH, FL 33444
L. & QUE~N B. ELLIS
211 S.~. 11TH AVENUE
DELRAY BEACH, FL 33444
MARTHA ALEXANDER
45 S.W. 13TH AVENUE
DELRAY EEACH, FL 33444
EDWARD & GLORIA Y.SUTTON
3631 AVENUE MONTRESSOR
DELRAY BEACH, FL 33445
ERROL GAYLE
20 S.W. 6TH AVENUE
DELRAY BEACH, FL 33444
-7-
$ 75.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
I
$40.001 I
35.00 (AD . COST):
(RECORDING)
$ 4.61
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
$ 73.76
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
$ 73.76
35.00 (ADM. COST)
(RECORDING)
$110.64
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
Res. No. 9-88
N53.05' OF S259.15' OF W126.43'
OF E15l.43' OF BLOCK 6, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(130 S.W. 7TH AVENUE)
LOT 4, BLOCK 23, TOWN OF
DELRAY, PB 10, P 69, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(216 S.W. 5TH AVENUE)
LOTS 34 & 35 & S 1/2 OF LOT
36, BLOCK 15, TOWN OF D~LRAY,
PB 13, P 18, PUBLIC RBCORDS,
PALM BEACH COUNTY, FL
(234 S.W. 6TH AVENUE)
N30' OF E135' OF BLOCK 10,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(COR. N.W. 6TH AVE. & N.W.
3RD STREET)
LOT 20, BLOCK 25, TOWN OF
DELRAY, PB 5, P 2, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 4TH AVENUE)
LOT 12, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOT 13, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOT 14, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOTS 10, 11 & 12, BLOCK 15,
TOWN OF DELRAY, PB 13, P 18,
PUBLIC RECORDS, PALM BEACH
CO~Y' FL
(21 S.W. 7TH AVENUE)
LOT 16, BELLEHAVEN UNIT A,
PB 26, P 164, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 12TH AVENUE)
LOT 13, BELLEHAVEN UNIT A,
PB 26, P 164, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 12TH AVENUE)
LOT 12, BLOCK 5, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 12TH AVENUE)
,
MAMIE TYLER
HATTIE L. BROWN
130 S.W. 7TH AVENUE
DELRAY BEACH, FL 33444
ELEANORE S. WILSON, EST.
MARK PERRY,ATTY% D.HANEY
50 S.E. 4TH AVENUE
DELRAY BEACH, FL 33444
LEE BORNE MILLER
5291 PALM RIDGE BLVD.
DELRAY BZACH, FL 33445
JAMES & BERNICE IVY
510 E. 28TH STREET
PATTERSON, NJ 07514
MATTIE WALLACE
139 N.W. 14TH AVENUE
BOYNTON BEACH, FL 33435
EMILIO M. & PATRICIA R.
GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
EMILIO M. & PATRICIA R.
GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
EMILIO M. & PATRICIA R.
GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
WILLIE WRIGHT
106 N.W. 12TH AVENUE
DELRAY BEACH, FL 33444
R.J. & SALLIE M. JOHNSON
317 S.W. 12TH i\.V~NUE
DELRAY BEACH, FL 33444
MARY ~. & LEON H)USTON
329 S.W. 12TH AV~NUE
DELRAY BEACH, FL 33444
S. & OLIVE STUBBS
622 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
$ 4.61
35.00 (ADM. COST)
(RECORDING)
$ 27.66
35.00 (ADM. COST)
(RECORDING)
$ 55.32
35.00 (ADM. COST)
(RECORDING)
$ 25.00
35.00 (ADM. COST)
(RECORDING)
I
$ 75.00
35.00 (ADM. COST)
(RECORDING)
$ 25.00
11.68 (ADM. COST)
( RECORD ING)
$ 25.00
11.66 (ADM. COST)
(RECORDING)
$ 25.00
11.66 (ADM. COST)
(RECORDING)
$225.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$ 40.00
35.00 (ADM. COST)
(RECORDING)
VIOLATION IS: Sec. 13-13 Land to be kept free of debris, vegetation,
matter constituting hazards; declared nuisance.
-8-
Res. No. 9-88
&'.~."'.
. .
.. ....~ ' -
c" .'~ "" c- \
..~.. <" - '~~-
".~,
'>. ~.~,JP." :"'(,.i_
:.:;,-:;
'.
January 12, 1988
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF HISTORICAL RESOURCES
R.A. Gray Building
Tallahassee, Rorida 32399-0250
(904) 488-1480
'~r.
",/'/
r,
"//1.-
,/ .'f",
"-d
"
./4
~2&_. '
'.Y&6'
MS. Frances Bourque
Old School Square Foundation
P.O. Box, 443023
Delray Beach, Florida 33483
RE: Delray Beach Elementary School Planning
Dear Ms. Bourque:
The following items relating to the above referenced project
are forwarded for your immediate action and future reference.
1. Grant Award Agreement (2 copies) and Attachment A.
Please review the Agreement and Attachment care-
fully to avoid any misunderstandings of the
limitations, conditions and requirements of the
grant. Then:
a) have both copies of the Agreement signed by
the person duly authorized to act for the
grantee organization,
b) have two witnesses sign both copies of the
Agreement, and
c) return both copies of the Agreement to me for
execution. Retain Attachment A in your
project file. We will enter the effective
date upon final signature and return one
fully executed copy of the Agreement to you
for retention in your project file.
2. Civil Rights Assurance Form (2 copies). Please
sign and date both copies, and return one copy to this
office, Retain the other copy in your project file.
iLf-
Archaeological Research
(904) 487-2299
F ;orida Folklife Programs
19041 397.2192
Historic PreSt rvation
19041 487-, 333
Museum of Florida History
(904) 488-1484
-,
Ms. Frances Bourque
January 12, 1988
Page Two
3. Schedule of Reports and Documentation. This is a
listing of the items usually required to document
projects properly, in the general sequence in
which they will normally be submitted to this
office by the grantee. Please review the
schedule to identify the reports and documentation
required for your project and retain
it as a reminder of the submission requirements.
4. Reporting Forms. The enclosed forms may be used
to report project initiation, progress, and
completion; to request reimbursement; and to
document grantee employment, volunteer services,
and donated materials values. When properly
completed and documented, they will provide the
information required by the Department to verify
project progress and to process grant payments.
Additional copies may be reproduced locally or
requested from the Department. However, use of
these forms is optional. The required information
may be submitted in letter form, or in any other
convenient format, provided that all required
information is included and all required
documentation attached. Please refer to Part II
of Attachment A to the Grant Award Agreement.
5. PUblicity Information. This information is
designed to assist you in meeting the publicity
requirements as outlined in Part I of Attachment A.
I will be responsible for the administration of this grant.
Please do not hesitate to write or call me at (904) 487-2333 if
you have any questions or if we can be of any assistance.
Sincerely,
~~. Go"Q 0
Frederick P. Gaske
Historic Preservation Planner
FPGjeb
Enclosures
,~
,
Historic Preservation Grant Award Agreement
A G R E E MEN T
This AGREEMENT drawn at Tallahassee, Florida by and
between the State of Florida, Department of State, Division
of Historical Resources, hereinafter referred to as the
Department, and the City of Delray Beach, hereinafter
referred to as the Grantee, relative to the Delray Beach
Elementary School Planning project, hereinafter referred to
as the Project, is entered into and effective this day
of , 1988.
WHEREAS, the Department is responsible for the
administration of grant-in-aid assistance for historic
preservation purposes under the provisions of Section
267.0617, Florida Statutes, and
WHEREAS, the Grantee has applied for grant-in-aid
assistance for the Project, and
WHEREAS, the said application has been reviewed and
approved in accordance with Chapter lA-35, Rules of the
Department of State, Historic Preservation Grants-in-Aid,
and
WHEREAS, grant-in-aid funds in the amount of twenty-
five thousand dollars ($25,000.00) have been reserved f(r
the Project by the Department; .
WITNESSETH, that in consideration of the mutual
covenants herein contained, the Department and the Gran'ee
hereby agree as follows:
I. The project, as approved for grant assistancn,
shall consist of the following authorized
project work:
A. Preparation of construction documents for Building
1, Phase I construction.
II. The Grantee agrees to administer the project in accord-
ance with the General and Special Conditions Governing
Grants and the Administrative Instructions for Historic
Preservation Project Accountability attached hereto as
Attachment "A", and the Department's Rule lA-35,
Florida Administrative Code, and the following specific
conditions:
A. The Grantee agrees to complete the project by
November 30, 1988, and submit a project Completion
Report as specified in Attachment "A", Part II,
subparagraph B.l.c. within 30 days of completion
of project work. No costs incurred prior to the
date of this Agreement are eligible for reimburse-
ment from grant funds. No costs incurred after
the above Project work completion date will be
eligible for reimbursement unless specifically
authorized by the Department before the cost is
incurred. No costs incurred after the Project
Completion Report is approved by the Department
are eligible for reimbursement.
B. The Grantee shall be responsible for all work
performed and all expenses incurred in connection
with the Project. The Grantee understands and
agrees that any work performed or expenses
incurred on the project is undertaken at the sole
risk of the Grantee. Neither the Department nor
the State of Florida shall be financially liable
for any expenses incurred in connection with the
Project by the Grantee or its professional con.
sultants, contractors, or agents.
c. The Grantee shall submit complete bid documents,
including plans and specifications, to the
Department for review and approval prior to the
execution of any contract for construction work.
D. The Grantee shall submit any and all proposed
contracts for the procurement of goods and/or
services relating to the Project, and all pro-
posed contract change orders or amendments for
review and approval by the Department prior to
the final execution of said contracts and con-
tract change orders or amendments; but said
review and approval shall not be construed as
imposition upon or acceptance by the Department
of financial liability in connection with said
contracts or contract change orders.
E. The Grantee shall coordinate consultation between
its professional consultants and appropriate
Department staff representatives as necessary to
assure mutual understanding of and agreement on
the objectives, requirements, and limitations of
the Project in relation to the state historic
preservation programs.
F. The Grantee hereby agrees to indemnify and hold
the Department harmless from any and all claims
or demand for any personal injury or property
damage resulting or occurring in connection with
any activities conducted under this contract and
shall investigate all claims of every nature at
its expense. In addition, the Grantee hereby
agrees to be responsible for any injury or
property damage resulting from any activities
conducted under this agreement.
G. The Department reserves the right to unilat-
erally cancel this Agreement in the event that
the Grantee refuses to allow public access to all
documents or other materials subject to the
provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee in conjunction
wi th this Agreement-.
H. Bills for fees or other compensation for services
or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit
thereof and bills for any travel expenses shall be
submitted and paid in accordance with Section
112.061, Florida Statutes.
I. The Grantee recognizes that the State of Florida,
by virtue of its sovereignty, is not required to
pay any taxes on the services and/or goods or
equipment purchased as an incident to such
service.
J. The State of Florida's performance and obligation
to pay under this contract is contingent upon an
annual appropriation by the Legislature.
III. The Department agrees to reimburse the Grantee, contin-
gent upon availability of grant funds, and upon receipt
and verification of the Grantee's request and
documentation, for 50% of the allowable project costs
pursuant to and as defined in Attachment "A", of
authorized project work as defined in Section I above,
up to a maximum reimbursement of twenty-five thousand
dollars ($25,000.00) or the amount of actual cash
expended by the Grantee for project work, whichever is
least. The Department further agrees to the following
conditions:
A. Pursuant to Section 215.422, Florida Statutes,
if payment is not mailed within 45 days after
receipt of the invoice and receipt, inspection and
approval of the goods and services, then interest
is to be added to the warrant at the rate of 1%
per month, or part of a month, after the 45th day.
If the terms of the invoice provide a discount for
payment in less than 30 days, the State agency
shall use all diligence to comply with the terms,
and thus obtain the saving. If approved in
advance, partial payments may be made for partial
deliveries.
B. The Department shall review and approve as to form
and content all proposed contracts of the Grantee
for the procurement of goods and/or services
relating to the project work and all proposed
contract change orders or amendments prior to
final execution of said contracts, change orders
or amendments, but said review and approval shall
not be construed as acceptance by or imposition
upon the Department of any financial liability in
connection with said contracts.
C. The Department shall review and approve detailed
plans, specifications, and other bid documents for
construction work relating to the Project prior to
the execution of any contract for such work;
review and comment on all preliminary reports and
recommendations; and confer with the Grantee and
its professional consultants as necessary through-
out the course of the project, to assure compli-
ance with the objectives, requirements and
limitations of the state historic preservation
program.
D. It is expressly understood and agreed that any
articles which are the subject of, or required to
carry out this contract shall be purchased from
the corporation identified under Chapter 946,
Florida Statutes, in the same manner and under the
procedures set forth in Section 946.15(2) and (4),
Florida Statutes; and for the purposes of this
contract the person, firm, or other business en-
tity carrying out the provisions of this contract
shall be deemed to be substituted for this agency
insofar as dealing with such corporation.
IV. This instrument embodies the whole Agreement of the
parties. There are no provisions, terms, conditions,
or obligations other than those contained herein; and
this Agreement shall supersede all previous
communications, representations or agreements, either
verbal or written, between the parties hereto. No
change or addition to this Agreement shall be effective
unless in writing and properly executed by the parties.
V. Any provision of this Agreement in violation of the
laws of the State of Florida shall be ineffective to
the extent of such violation, without invalidating the
remaining provisions of this Agreement.
IN WITNESS WHEREOF, the Department and the Grantee have
read this Agreement and the Attachments hereto and have
affixed their signatures.
WITNESSES
DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic
Preservation
Division of Historical
Resources
CITY OF DELRAY BEACH
DOAK S. CAMPBELL
Mayor
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE .'i" :-).1. !~; SIRl [I. '-it [11.:.1. Ii! Ij'L\~ lJl\CIL lLOKII):\ J3...nn 31)."2-l.J.iIIYII
MEMORANDUM
SUbject:
February 3, 1988 ~
City Commission ~11'
Jeffrey S. Kurtz, Assistant City Attorney 'I i
Delrav Beach Elementary School Joint Use Aqreement
Date:
To:
From:
In the latter part of 1986 and the beginning of 1987, our
office negotiated an agreement whereby the City would be able
to useJand sponsor events at/the Delray Beach Elementary School
without having to enter into separate agreements and giving us
priority over applicants for the space. The agreement was
previously ratified by the Commission, however, it has never
been similarly presented to the School Board. I have attached
a copy of a recent letter from Vladimir Martinez assuring us
that it will be placed on an upcoming agenda once the effective
dates have been changed. Therefore, by copy of this memorandum
to the City Manager, I am requesting that this item be placed
on an upcoming consent agenda for ratification of the agreement
with the amended dates.
If you should have any questions concerning this matter, please
do not hesitate to contact our office prior to the regularly
scheduled Commission meeting of February 9, 1988.
JSK:sh
Attachment
cc: Walter O. Barry, City Manager
,(
AGREEMENT
THIS AGREEMENT made and entered into on this
day of , 1988, by and between the CITY OF DELRAY BEACH,
FLORIDA, a political subdivision of the State of Florida 33444,
hereinafter referred to as the "CITY"), and the SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA, an educational subdivision of the
State of Florida, 3323 Belvedere Road, West Palm Beach, Florida
33402, hereinafter referred to as the "SCHOOL BOARD",
WIT N E SSE T H:
The undersigned parties agrees as follows:
1. The SCHOOL BOARD hereby grants permission to the
CITY to use the Delray Beach Elementary School
located at 51 North Swinton Avenue, Delray Beach,
Florida 33444, for city sponsored functions.
2. The City Manager or other authorized representative
of the CITY shall inform the SCHOOL BOARD of the
CITY'S intent to sponsor a function seven days prior
to the scheduled date of said function.
3. In consideration of the use of this property to the
extent permitted by law, the CITY shall hold the
SCHOOL BOARD harmless and indemnify it against any
and all claims for property damage, personal injury
or death, which claims arise specifically out of the
activities of the CITY and its agents in sponsoring a
function at the Delray Beach Elementary School.
"Indemnification shall be limited to the extent the
SCHOOL BOARD may be liable under the provisions of
Section 768.28, Florida Statutes. Nothing in this
paragraph shall be construed to make the CITY liable
or be the indemnifier of the SCHOOL BOARD for claims
arising as a result of the condition or design of
school facilities or the activities of SCHOOL BOARD
personnel or their agents.
4. The CITY will keep the premises in as good condition
as when received and will not use or permit any use
thereof which will invalidate or increase the rate of
insurance, or overload the floors, or otherwise
damage the premises.
5. In its use of the facilities the CITY shall be bound
by the following terms and conditions:
a. No acts shall be allowed in which open flames
are allowed.
b. No fireworks or explosives of any nature shall
be permitted in or about said facilities.
c. No intoxicating beverages of any kind or
description shall be kept, used or consumed on
the premises.
d. No smoking shall be allowed or permitted inside
the buildings.
e. The possession, use or consumption of soft
drinks and concessions shall not be allowed in
2
the auditorium or in the gymnasium of the school
facilities.
f. There shall be proper supervision for the
accommodation and control of patrons attending
any performance or activity.
g. The occupancy of the auditorium, gymnasium or
any other space shall at no time exceed the
permitted seating capacity of said area.
h. No use of the facility shall be made contrary to
the laws of the State of Florida, or contrary to
any ordinance, rules or regulations of any
proper goverrunental agency having the right to
make same, or contrary to any SCHOOL BOARD
policy.
i. The CITY shall pay a rental fee for its use of
this facility as provided in the SCHOOL BOARD'S
standard rental payment scheduled. A copy of
said standard rental payment schedule is
attached hereto and incorporated herein as
Exhibit "A".
7. The term of this Agreement shall be one year begin-
ning March 1, 1988.
8. The effective date of this Agreement is March 1,
1988.
3
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date and year first aforesaid, by their dUly
authorized officers and representatives.
Signed, sealed and delivered
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA.
By:
Chairman
As to the Board
REVIEWED:
Board Attorney
ATI'EST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
Mayor
Approved as to Form:
Assistant City Attorney
4
,;;;~--~
[ITY DF DELAAY BEA[H ~ ~~
.,) ,.-'-,.;tv -- -. ~';'-';:'.di.;.~
CITY ATTORNEY'S OFFICE JIO S.E_ 1st STREET. SUITE4 DELRAY BEACH. FLORIDA 33483 305/243-7090
February 2, 1988
Dan Smith, Esq.
CH2M Hill
P. O. Box 22508
Denver, Colorado 80111
Subject: Proposed Revisions to Well Field Contamination Assessment
Agreement for Retention of CH2M Hill by City Attorney's Office of
City of Delray Beach, Florida for Litigation Matters
Dear Dan:
This will confirm our telephone conversation of Wednesday, January 27, 1988
at which time we discussed the two specific concerns which I had raised
regarding the proposed standard agreement for professional services between
the City Attorney's Office/City of Delray Beach and CH2M Hill along with the
Attachment A entitled "Contract Article for Private Client Hazardous or Toxic
Waste Work".
In that regard we would again -request your input and further explanation of
the provisions set forth in paragraph 2 of Attachment A on the limits of
liability set forth therein, along with your willingness to delete the limitation
based upon the engineer's fee or to otherwise raise that limitation.
With regard to paragraphs 3 and 4, this will again restate my concern with
regard to any blanket indemnification language that you may request of the
City of Delray Beach or any other Florida municipality. As we discussed, it
is my position that a municipality is not authorized by law to enter into a
blanket indemnification provision which may be construed to waive sovereign
immunity rights and which could be construed to be a pledge of the ad
valorem taxing power of the municipality. If this were the case, not only
would I have concern with regard to the sovereign immunity matter, but also
it is arguable that such an agreement would be required to be approved by
the voters at a referendum in advance of such an agreement.
Therefore, in order to attempt to find some middle ground on the subject, it
would be my recommendation that paragraph 4 of the Attachment A to the
agreement be deleted in its entirety, and that paragraph 3 of the Attachment
A be modified to read as follows:
To the extent permitted hy law, the OWNER agrees to defend,
indemnify, and hold EN G INEER harmless from any claim, liability,
or defense cost, subject to the limitations set forth in Florida
Statutes ~768. 28 for injuries or losses sustained or alleged by any
person or entity, not a party to this AGREEMENT, and allegedly
,l:,
Dan Smith, Esq.
February 2, 1988
Page 2
arising out of or related to ENGINEER's performance of services
under this AGREEMENT.
We would appreciate your expeditious review of the above-suggested changes
and once we have finalized language which is acceptable to both parties, the
City Attorney's Office shall place this matter on a City Commission meeting
for approval of this expert witness agreement for professional services to the
City Attorney's Office.
If you have any questions or would like to discuss this matter further, please
feel free to contact me at your earliest convenience at the address and
telephone number listed above.
Thank you for your cooperation and assistance.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY ~ELRA Y BEACH, FLORIDA
BY:~
Her ert W. A. Thiele, Esq.
City Attorney
HT:jw
Attachments
cc:
City Commission
Walter O. Barry, City Manager ........---
Robert Pontek, Director of Public Utilities
Gregory T. Mcintyre, P.E., CH2M Hill
Robert Wright, CH2M Hill
,r-i.".... ,
f
i
[try DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET. SlIlTE 4
~>;
." ..,
~
1;<\,'
...t: .
~"
'~_,c
,
I
i
)
January 6, 1988
DELRA Y BEACH. FLORIDA 33483
305/243-7090
CONFIDENTIAL
Gregory T. McIntyre, P.E.
Division Manager
Hazardous Waste and Water Resources
CH2M HilI
Hillsboro Executive Center North
550 Fairway Drive, Suite 205
Deerfield Beach, FL 33441
Subject: Well Field Contamination Assessment Agreement Between City of
Delray Beach and CH2M Hill
Dear Greg:
This will acknowledge receipt of the materials provided to us through your
letter of December 23, 1987 with regard to the above-captioned subjp.ct.
After review of the proposed Scope of services and the Attachment A
concerning responsibility and liability, our office has no technical problems
with the general provisions of the proposed agreement, but we still do have a
concern with the items set forth Attachment A and which appear in
paragraphs 2, 3, and 4 concerning limits of liability and responsibility.
As we discussed in our previous meetings, it is our position that a munici-
pality in Florida is not permitted to have a blanket "hOld-harmless" agreement
with any third party, and that additional language would need to be provided
in these agreements that would modify same in accordance with this position.
We had discussed that CH2M Hill had previously entered into a similar agree-
ment with the City of Deerfield Beach, and I would be interested in knowing
what language was worked out with Deerfield Beach concerning this subject.
Since this is a matter which is a policy decision on the limits of liability, as
well as the policy making decision on the scope of responsibility, we may need
to. take this agreement to the City Commission for ratification (although it is
not our normal City policy to take expert witness agreements to the City
Commission for ratification du~ to confidentiality and trial preparation
strategies) .
Due to the importance of this matter we would appreciate your expeditious
response to our request for copies of the City of Deerfield's materials, and
perhaps you should have your corporate attorney call me as soon as possible
so that we may discuss language which is acceptable to all parties.
..'-.,;
J
_......#'~ ,
, f"
Gregory T. McIntyre, P.E.
January 6, 1988
Page 2
By copy of this letter to members of the City Commission, we are notifying
them of this review and of the possibility that we may need to raise this item
as an item not on the agenda at an upcoming City Commission meeting for
City Commission formal ratification.
Finally, please also be advised that your letter to me of December 23, 1987
which requested certain additional information relative to the water supply
system has been forwarded to Public Utilities Director Robert Pontek who
shall be responding directly to you on behalf of the City Attorney's Office.
Thank you for your continued cooperation and consideration, and the City
Attorney's Office is looking forward to working with you as our expert
witness in the upcoming review and litigation concerning the City's well field
contamination problem.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY 0 T"RAY BEACH, FLORIDA
By:
'.
ThIele, Esq.
HT:jw
cc: City Commission
Robert A. Barcinski, Acting City Manager
Robert Pontek, Director of Public Utilities
Robert IVrir,-ht, CH2M Hill
Dick Bedard, CH2M Hill
,.
_- EngIneers
Planners
CEJiliJ:JI!J EconomIsts
- ScIentists
December 23, 1987
SE240.33
Mr. Herbert W. A. Thiele
City Attorney
City of Delray Beach
310 S.E. 1st Street, Suite 4
Delray Beach, Florida 33483
Dear Mr. Thiele:
Subject: Well Field Contamination Assessment
As requested during our meeting on Monda~", December 21, 1987,
please find enclosed the CH2M HILL Standard Agreement for
Professional Services. The proposed preliminary scope of
work and budget will enable the CH2M HILL project team to
immediately begin providing engineering services and tech-
nical assistance to tity..legal staff regarding the well field
contamination and water supply situation facing the City.
Should you have any questions regarding the liability
language, I would be happy to have our corporate attorney
give you a call.
We are looking forward to working with you and assisting the
City in the resolution of well field contamination problem.
Should you have any questions, please do not hesitate to
give me a call.
Sincerely,
G~. M tyr
Division Manager
Hazardous Waste and Water Resources
BCP003/035
Enclosure
cc: Robert S. Pontek/City of Delray Beach
Dick Bedard/CH2M HILL
Bob Wright/CH2M HILL
CH2M HILL Southeast Florida Office HiIIsboro Executive Center North ssn Foirvvoy Drive, Suite 205
Deerfiefd Beach, Florida 33441 Palm Beech Co. 305.737.6665
8roward Co. 305.426.4008
~
.,
,
CHM Hill STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
CH2MHIlLClI'HCEAOORESS 550 Fairwav Drive. Suite 205. Deerfield BeRe-h, PI.. 31441
PROJECTNMlE Wellfield ContRminRtion Asspssmpnt PROJECTNUMBCR
CU~ City Attorney. City of DelrRY BeRch
ADDR~ 310 S.E. 1st Street. Suite 4
Delray Beach. Florida 33432
CLIENT requests and aulhorlzes CH2M Hill to pertorm the following service~
~OP~ Provide engineering consulting services and technical
assistance to the City Legal Staff regarding Wellfield Contamination.
Services to include site visit, attendance at meetings with City
staff. evaluation of existing data provided by the City. and
development of a detailed scope of work and budget estimate for a
plan of action to address short term water Quantity and Quality
concerns.
'.
COMPENSAllONby!heClJENTtoCH2MHILltobeontheba~sof Salary cost times a 2.35 multiplier
plus expenses at cost. Preliminary scope of work described above
not to exceed 512.000 withcltlt prior Rtlr-hnri",,,!"inn
When compensation Is on a cost relmbuooble basis. a service charge of 10 percent will be added to Direct Expenses. All soles. use. IIOlue
added. bu~ness hensler. gross receipts. a other slmllor taxes will be added to ENGINEER's compensation when InllOlclng CLIENT,
O~ERreRMS See attachment A. Contract Article for Private Client
Hazardous or Toxic Waste Work. which replaces Provisions 9.11. and 13.
Services covered by this Agreement will be pertormed In occo<donce with !he PROVISIONS stoted on the back of this form ond any
attachments a schedules. This Agreement supersedes 011 prla agreements ond understandings and may only be changed by written
amendment executed by both parties.
Appraved for CLIENT
Accepted for CH2M Hill Sou theas t
~,d:c:1"~
Date December 23, 1987
INC
By
Tille
Date
h--..m 1'111 DOli 'l.1~ 7
.. .. .'
,>
liability for injuries or losses not described above
shall not exceed in the aggregate $1,000,000 for pro-
fessional and in the aggregate $5,000,000 for all other
acts, errors, omissions, or negligence, whether active
or passive.
3. OWNER agrees to de'fend, indemnify, and hold ENGINEER
harmless from any claim, liability, or defense cost in
excess of the limits set forth above for injuries or
losses sustained or alleged by any person or entity,
whether a party to this AGREEMENT or not, and allegedly
arising out of or related to ENGINEER's performance of
services under this AGREEMENT.
4. OWNER waives any right that limits, voids, or makes
unenforceable the obligations of OWNER set forth above.
If any such right is deemed or ruled not to be subject
to waiver, the parties agree that an amount equal to
the obligation of OWNER set forth above as if enforce-
able will be paid to ENGINEER by OWNER as additional
compensation for ENGINEER's services.
5. As used in this ArtiCle, "ENGINEER" includes the
ENGINEER, any affiliated corporations, 'or any of its or
their officers, directors, employees, or agents.
6. The provisions of this Article shall survive termination
of this AGREEMENT for any cause.
7. The provisions of this Article take precedence over any
conflicting provision of this AGREEMENT or any document
incorporated into it or referenced by it.
BCP003/033
2
.
~
ATTACHMENT A
CONTRACT ARTICLE FOR PRIVATE CLIENT
HAZARDOUS OR TOXIC WASTE WORK
RESPONSIBILITY AND LIABILITY
OWNER recognizes that:
o ENGINEER is being engaged to render professional
services involving hazardous wastes or materials
for which ENGINEER has had no role in generating,
treating, storing, or disposing.
o ENGINEER has not shared and will not share in any
revenues or profits from the processes producing
those or similar wastes or materials.
o ENGINEER's services will be compensated largely on
the basis of the time ENGINEER's employees spend
in rendering services and not on the basis of the
legal liabilities created by the risks from the
wastes or materials.
o Restrictions or exclusions in the availability of
professional liability and other insurance for
ENGINEER's services either at present or as reason-
ably contemplated in the future make it difficult
or impossible for the ENGINEER or the engineering
profession as a. whole to apportion risk on this or
other similar work by adjustment of fees.
o ENGINEER has not included in its fees substantial
premiums in the nature of reserves for risks.
o In specific consideration of the ENGINEER not
securing (or being unable to secure) insurance to
cover risks arising from this project, the OWNER
agrees to indemnify the ENGINEER as provided in
this contract.
In consideration of these facts, OWNER and ENGINEER expressly
agree to the following as part of the basis of ENGINEER's
bargain:
1. ENGINEER's services shall be governed by the negligence
standard for professional services, measured as of the
time those services are rendered.
2. ENGINEER's liability for all acts, errors, omissions,
or negligence, whether active or passive, shall not
exceed the ENGINEER's fee for all injuries or losses
from, or related to, any radioactive, hazardous, or
toxic material, chemical, or condition. ENGINEER's
Bep003/033
1
LJEPART~....:NT AL
CORRESPONDENCE
FROM
Robert A. Barcinski, Assistant City
~
Manager
[ITV DF
DELRAV BEA[H
~(i
TO
Walter O. Barry, City Manager
SUBJECT
RENAMING N. E. 2ND AVENUE - BETWEEN ATLANTIC AVENUE AND DATE
N. E. 8TH STREET
2-2-88
I have received a request from the Pineapple Grove Association
to rename or provide a dual street name for N. E. 2nd Avenue
between Atlantic Avenue and N. E. 8th Street. The name requested
is "Pineapple Grove Way".
I recommend that we provide a dual name and obtain approval from
City Commission at their regular meeting on February 9, 1988.
This request would be handled identically to the dual naming of
Martin Luther King Jr, Boulevard/N. W./N. E. 2nd Street. By pro~
viding a dual name, post office addresses would not have to b~
changed.
The Police Chief and Fire Chief have been consulted and do not
have any problems with this recommendation.
RAB:nr
I']
eM 362
THE EFFCR, .A.LVVAYS MATTERS
DEP ARTtv...:NT AL
CORRESPONDENCE
[ITY DF
DElAAY BEA[H
~(j
TO
( ?",\.e.~.~. 0._ Ba3Y'~~...Man;ger
~ ,r,_.KOV,g:!b_JlJrecM-
._.D!,p_a.!:.t-I!1~IlLOf I'ta.nIling and Zoning
FROM
SUBJECT ..C1'l"l COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT
SITE PLAN FOR A STORAGE BUILDING TO BE USED IN CONJUNCTION
WITH THE DELRAY PLAZA, SOUTH FEDERAL HIGHWAY
DA TE February 2, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a request
for the conditional use (30-21-C) for a storage building to be
used in conjunction with the Delray Plaza shopping center
(30-12-C-33) and the attendant site plan pursuant to code section
30-22-C.
BACKGROUND:
The specifics of this request is that of a 6,250 sq.ft. building
to be added to a parcel which is adjacent to Delray Plaza. The
parcel stands alone in meeting development requirements for
parking, landscaping, setbacks, etc. This item has a long and
controversial history. A chronology is as follows:
November, 1986, enactment of a Land Use Map amendment and
rezoning from RM-15 to SC in order to accommodate a proposed
storage facility to be used in conjunction with the plaza;
September,
denial of
request;
1987, the Planning and Zoning Board recommended
the combined conditional use and site plan
October, 1987, the City Commission on a 3-2 vote referred
the item back to the Planning and Zoning Board for further
comment on a revised site plan which had been presented to the
Commission;
November, 1987, the Planning and Zoning Board continued
consideration of the revised site because the applicant
presented a new revision at the Board's meeting. However,
the Board, on a 4-2 vote, determined that the proposed use
was appropriate and then limited its attention to the site
plan issue;
jg
eM 362
THE Cf'"ORT ALWAYS MATTERS
1-(.1, V,';:~_ '- '"'''' :~) ~'la'ilager
Re: City Connnissio. ,ocumentation - Meeting of Febru" y 9, 1988
Consideration Of A Conditional Use Request And Attendant
Site Plan For A Storage Building To Be Used In Conjunction
With The Delray Plaza, South Federal Highway
Page 2
December, 1987, the Board continued the second revision of
the site plan, at the applicant's request. A third revision
was then submitted;
January, 1988, the Board was deadlocked (3-3) on a motion to
recommend approval of the site plan. The dissenting votes
were cast by the members who had previously stated their
opposition to the use combined with the member who was not
present at the November meeting. The other member was absent.
Thus, the total request is now before the City Commission for
final disposition. It should be noted that Board comments were
to the effect that the site plan which is now before the
Commission meets code requirements, provides an effective
aesthetic treatment to the east, and complies with the direction
heretofore given by the Board.
Throughout consideration of this item there has been substantial
opposition to the use from residents to the east. It has been.
noted that the use is allowed under the zoning and that the
rezoning action of 1986 contemplated the use that is now'
proposed. The site plan has been refined to meet objections.
which residents have raised with respect to screening,
elevations, and visual impact.
Attached you will find the first Planning and Zoning Board staff
report which provides a detailed background of the history of
this site. Also attached is the latest of the staff reports.
The intervening staff reports are available at the Planning
Office.
The action on this item is to be guided by the Standards for
Evaluating Conditional Uses (30-21-0) and the Standards for
Evaluating Site and Development Plan Applications (30-22-0). The
Planning and Zoning Board has, at various times through the
review process, determined that those standards have been met.
ALTERNATIVE ACTIONS:
1. Approve the requested conditional use and attendant
site plan. This action would be consistent with the
Commission's previous actions to allow the use (through
the rezoning) and direction (referral of a revised site
plan back to the Board).
2. Continue with concurrence of the applicant and with
direction to staff.
3. Deny the requested conditional use with said denial
based upon one, or more, of the standards found in
30-22-0.
Re:
City Connnissj.c
Consideration
For A Storage
Delray Plaza,
Page 3
,'CUlli<;;..llci..lun .- Meeting of Febn '9, 1988
G~ A Conditional Use Request And Ac.endant Site
Building To Be Used In Conjunction With The
South Federal Highway
Plan
RECOMMENDED ACTION:
By motion, approve the requested conditional use of a storage
building to be used in conjunction with Delray Plaza and approval
of the attendant site plan sUbject to the following conditions:
1.
that additional
addition of shade
loading area from
screening be provided through
trees east of the wall separating
Florida Avenue;
the
the
2.
that a notation be added to Sheet
shall be building mounted and will
.ot 1ku:.l-L ~""'.
#2(that all lighting
be confined on site.
3.
that specific landscaping comments identified as A, B,
and C in the January 25, 1988, Planning and Zoning
Board staff report be complied with; and,
4. that this approval shall be valid for a period of
eighteen months pursuant to 30-2l-E-(1).
Attachments:
P & Z Staff Report of September 21, 1987, and of
January 25, 1988.
REF/DJK#14/B:WIEBELT.TXT
MEMORANDUM
TO:
Planning and Zoning Board
FROM:
Paul Dorling, Planner II
VIA:
David J. Kovacs, Director of Planning and Zoning
SUBJECT: AGENDA ITEM
REGULAR MEETING OF JANUARY 25, 1988
DELRAY PLAZA STORAGE BUILDING (REVISED SITE PLAN)
DATE:
January 21, 1988
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a major site plan modification to the Delray Plaza Site Plan by
adding a detached 6,250 square foot storage facility. II
BACKGROUND:
Please refer to the staff report prepared on this item for your
September 21, 1987 meeting, copy attached, for historic
background material. When the Board first saw this item on
September 21, 1987, the Board recommended denial of the site plan
based upon inadequate parking and circulation design matters,
general incompatibility with adjacent properties, and
incompatibility of height of the proposed structure with
reference of adjacent and nearby properties.
At the City Commission meeting on October 13, 1987, the
presented a revised site plan and elevations which he felt
the Objections of the Board and interested citizens.
Commission then deferred action and remanded the revised
plan to the Board for further review and recommendation.
agent
met
The
site
The new revised site plan was reviewed by the Planning and Zoning
staff and concerns centering on internal landscaping, internal
traffic circulation, lack of separation between various traffic
functions and lack of compatibility with residential area were
indicated. The proponent in response to these concerns presented
a new revised site plan to the Planning and Zoning Board at the
meeting of November 16, 1987. The proponent indicated a
willingness to comply with all technical code requirements and
that the new plan addressed traffic circulation deficiencies, and
reflected architectural changes.
1Jl ,g r
TO: Planning and Zoning Board
RE: Delray Plaza Storage Building (revised site plan)
Page 2
The Planning and Zoning Board made a motion to continue this
request to the December 21, 1987 meeting so that this site plan
can be formally reviewed by staff and further, that standard for
conditional use evaluation #8 (compatibility with adjacent uses),
not be a basis for rejection. A staff review was conducted on
this revised site plan and comments and concerns were sent to the
proponent who chose to withdraw the item from the December 21,
1987 agenda in an attempt to address those comments. He has now
resubmitted a revised site plan for staff review.
ANALYSIS OF REVISED SITE PLAN:
The original site plan submittal for this project depicted a
storage building 260' long, with a height of 20' and square
footage of 8,320. At that stage the project had many problems
including inadequate landscaping, inadequate parking, circulatiop
problems and lack of compatibility with adjacent residential
areas. Two revised site plans have been submitted with the lakt
plan consisting of two storage buildings with a combined length
of 212' with a height of 17'10". The square footage has been
reduced to 6,250 square feet and the elevations and external
facade have been modified to be more compatible with surrounding
uses.
Initially the neighborhood groups wanted a continuation of the
Ralph Buick wall to screen this project. Concerns were then
raised about the incompatibility of this type of treatment with
the surrounding residential area. In response to those concerns,
the wall and buildings were staggered to break up the continuity
and architectural Changes were made to the facade in order to
enhance compatibility with neighboring uses.
Previous internal traffic and parking configuration concerns have
been addressed by the use of 60 degree angle parking with one way
directional flow. The northern drive entering the parking area
is still 17' wide but is adequate for the proposed one way
traffic. The minimum aisle width for one way, single loading
parking by Code is 42', this plan provides 48', allowing some
flexibility and maneuvering space should loading occur in front
of the overhead doors.
The following concerns, aired in the December 21st staff report,
were not addressed with the resubmitted site plan:
A. Shade trees to be provided immediately west of parking area,
1 every 40 feet on center. These must be located outside
the 5' utility easement or approval from the appropriate
agency to allow planting within the easement must be
obtained.
TO: Planning and Zoning Board
RE: Delray Plaza Storage Building (revised site plan)
Page 3
B. Dimensions must be indicated for planter wall heights on the
elevations.
C. Many of the trees proposed to be relocated on the site do
not meet minimum code requirements for landscaping.
Specifically, the Coconut Palms and several of the Black
Olives are short of requirements. While it is commendable
to save as much vegetation as possible, it will have to be
augmented with other plant materials to comply with the
code.
AESTHETIC CONSIDERATIONS:
Public comment received from the surrounding
residents expressed the fOllowing concerns:
neighborhood
Inadequacy of screeninq of loading area:
"
i
I,
The height of the screening wall adjacent to the loading
area is at 9' and abuts 17'10" building height. Its
ability to screen trailers using the loading area has been
question by some residents. The proponent has provided Palm
and Mahogany trees in this area for screening and vertical
relief. Planning staff believes that while the height of
the wall is adequate and screening is provided by Mahogany's
east of the wall, additional screening should be provided by
two more Carrotwoods west of the wall.
ASSESSMENT:
In earlier site plan and conditional use reviews, the conditional
use was determined as inconsistent with respect to two findings,
number 2 (*2) relating to off street parking and loading areas,
and number 8 (*8) relating to general compatibility with adjacent
properties. Number 8 (#8) has been addressed through reduction
of the density and elevation and architectural changes to the
facade, which creates a more harmonious project with adjacent
residential uses. Number 2 (*2) is addressed by the applicant
through the rationale that the parking areas will be used
primarily by employees and not the general public and that the
required aisle width is provided; thus allowing room for
maneuvering.
TO: Planninga....1 Zoning Board
RE: Delray Plaza Storage Building (revised site plan)
Page 4
ALTERNATIVE ACTIONS:
1. Forward a recommendation of approval of the revised site
plan if adjustments are made including:
Providing adequate screening of loading areas by a
modification of the landscape plan to provide shade trees
for screening between Florida Avenue and the loading area.
Notation added to Sheet #2 that all lighting shall be
building mounted and will be confined on site.
Compliance with the specific landscaping comments identified
as A,B, and C in this staff report.
"
2. Continue with direction and concurrence.
II
3. Recommend denial of the revised site plan and manner of
accommodating the proposed use based upon a failure to be
able to make appropriate finding under Sec. 30-22(D)4 in
Standards for evaluating Site and Development plans,
involving the failure to provide required separation between
various traffic functions (loading, parking and access).
RECOMMENDED ACTION:
Recommend approval as stipulated in Alternative Actions #1.
attachment
ref:PD#l/A:aidpsb
PLANNING 8 ZONING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
MEETING DATE: September 21, 1987
AGENDA ITEM:
IILA.
ITEM:
CONDITIONAL USE PERMIT FOR PROPOSED STORAGE BUILDING FOR USE IN CONJUNCTION
WITH DELRA'i' PLAZA
"
DRTR:
FALLS
lMI Of'LRAY
F.....",..
GENERAL
Owner
. ~ . . . . . . . . . . . . . . . . . . . .
Robert Wiebelt
Agent
......................
Albert (Skip) Jackman
Location
...................
Property fronting Florida Avenue
and located to the rear of Delray
Plaza .
Parcel size
................
.742 acres or 32,300 square feet;
this is only a portion of a .853
acre parcel; the balance of the
parcel has been developed as a part
of the Delray Plaza project; also,
the site for the proposed storage
building is to be combined with the
balance of the site resulting in a
total site of approximately 3.5
acres.
Land Use Plan designation... Commercial, LUP amendment in 11-86
Current zoning............. se, rezoned from RM-15 in 11-86
Adjacent. zoning
RM-1S to north and west, SC to east
and south
Current land use ........... vacant exce~t for paved area which
is inappropriately used for parking
Adjacent land uses ......... Ralph Buick. to the south,. DelI:ay
Plaza to the west, vacant to the
east. and residential to the north
ITEM# ar4 A
TO: Planning and zoning Board - Staff Report
RE: Conditional Use Permit for Proposed Storage Building
for use in conjunction with Delray Plaza
September 15, 1987
Page 2
ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation on
a request for a conditional use of ,a "storage building" for
merchandise, when accessory to and located on the same parcel as
the primary commercial use; and provided that such storage
buildings are not shared or leased independent of the primary
commercial use of the building" (Conditional use lI33, SC
District). A site plan is to accompany a conditional use
application. Because of circumstances unique to this project,
only the conditional use is before the Board. If the request is
not denied, it will be necessary to continue the item for
consideration of the accompanying site plan. The conditional use
request is subject to a Public Hearing.
DESCRIPTION OF PROPOSED PROJECT:
. t
The specific request before the Board is to allow a 8,320 sq. ft.;
storage building on a parcel adjacent to the Delray Plaza centerl.i
As will be shown in the balance of this report, the requesteo
intensity of use is not allowed. Following the scheduled
hearing, it will be necessary for the applicant to revise his
site plan and proposed building if he desires to proceed with the
project.
PROJECT HISTORY/BACKGROUND:
A portion of the Delray Plaza existed when the property was under
County jurisdiction prior to 1983. In January, 1984, the City
Commission, following review and recommendation by the Planning
and Zoning Board, annexed both the Delray Plaza site and the
parcel along Florida Avenue. The Plaza site was zoned SC and the
Florida Avenue site was zoned RM-lS. A site plan was approved
which involved an additional 11,730 sq.ft. of retail area to be
constructed. A part of the parking for the expansion involved
the westerly fifteen feet (15') of the Florida Avenue parcel and
a conditional use was granted for that area only.
In June, 1986, the Planning and Zoning Board recommended approval
for a land use map amendment to Commercial and a rezoning to SC
for the Florida Avenue parcel in order to accommodate a storage
building (current proposal). Testimony from area residents
resulted in strong direction that a wall (similar to that along
Ralph Buick to the south) be required upon development of the
property. The City Commission enacted the Board's recommendation
in November of 1986.
In July, 1987, a conditional use and site plan request
submitted. The site design included use of the wall of
proposed building as the district separation instead of the
which had been discussed at the time of rezoning.
was
the
wall
TO: Planning and Zoning Board - Staff Report
RE: Conditional Use Permit for Proposed Storage Building
for use in conjunction with Delray Plaza
September 15, 1987
Page 3
Because resolution of whether or not
acceptable, the Director proceeded to
hearing for the conditional use aspect of
the site plan in abeyance.
this approach was
advertise the public
the project and hold
PROJECT/REQUEST ANALYSIS:
Proposed Use: The proposed use is allowed pursuant to approval
of a conditional use permit. Policing of the use to insure that
the storage building is not used for other purposes is a code
enforcement matter and should not be a point of discussion.
consideration of a single site: Pursuant to language in the
conditional use portion of the SC District, the storage building
is to be on the same parcel as the primary use; thus, a Unity of
Title will be required. Similarly, analysis of the project
involves the entire site in relation to meeting basic code',
provisions. ~
Parking Requirements: The initial site plan (1983) showed that
139 spaces were required. Although the basis for computing the
required number of spaces has changed since that time, the
required number of spaces for the center has not i.e. 139 are
still required for the existing use. The proposed storage
building requires an additional 34 spaces for a total of 173
spaces on the entire site. Only 159 exist; thus, there is a
significant deficiency of on-site parking.
NOTE: The basis for calculating parking is as follows.
30-18-D-2 states "all commercial and retail uses and their
warehouse and attendant storage facilities shall provide 4.5
parking spaces per one thousand (1,000) sq.ft. of total floor
area, except those uses as provided for in Sec. 30-18-D-4." That
section, under part pp, allows for four (4) spaces per 1,000
sq.ft. of gross leasable floor area for a center which has
between 25,000 and 400,000 sq.ft. The applicant had computed his
required parking based upon a separation of retail area from the
attendant storage area. The applicants approach is incorrect.
Working backwards with a given of 159 spaces, a storage building
with an area of only 5,000 sq.ft., more of less, is allowed.
This result is significant with respect to further analysis of
the submitted site plan.
Parkinq area design: The submitted site plan shows a conflict
between the parking aisle required for back-out parking (24') and
loading in front of the storage building. Only a 30' wide area
is provided; thus, conflicts will result between vehicles which
are loading/unloading and vehicles leaving the parking area.
Pursuant to code, loading areas must be shown. Also, the
ingress/egress to the new parking area is via a 15' travelway.
TO: Planning and Zoning Board - Staff Report
RE: Conditional Use Permit for Proposed Storage Building
for use in conjunction with Delray Plaza
September 15, 1987
Page 4
This travelway must either be increased to 24' or the
area designed in such a way as to accommodated only
traffic, i.e. the parking must be diagonal.
parking
one-way
Setbacks: The building was proposed to serve as the separation
between the commercial uses and residential zoned land to the
east. The location of the building did meet setback
requirements; however, planters affixed to the wall do not meet
the setback requirement. On the interior (south) property
boundary there is a 22' utility easement which is encroached upon
by the building.
Design: During initial review by the CAB, it was felt that use
of the building as the "separator" was superior to an extension
of the "Ralph Buick Wall" provided that there was abundant
land~caping and that there was significant architectural
detailing to the building. During a work session with thel
Planning and Zoning Board, further discussion of desig~'
considerations lead to direction to be more sensitive to th~1
residential area to the east through a) breaking-up the length of
the building; b) lowering the height of the building to fourteen
feet; and c) providing a roof line which is more in-keeping with
residential character e.g. mansard.
Other site desiqn items: While there are other technical
deficiencies on the submitted site plan, it will be necessary to
totally redesign the proposed building and circulation system.
Thus, no further mention of those items are made at this time
since they may not apply after redesign.
Standards for evaluation conditional uses: Code Section 30-21-D
sets forth ten criteria which are to be assessed. A copy of
these standards are attached for your use. In reviewing the
standards, positive findings cannot be made with respect to:
2) satisfactory provision of parking and loading areas;
8) general compatibility with adjacent properties; and
9) height of buildings with reference to compatibility
and harmony with adjacent and nearby properties.
ASSESSMENT:
While the requested use (storage) is allowable; the intensity of
the use is to great for the site. Parking lot design problems
exist and the building design has been called into question.
From review of the staff report., and the facts at-hand, the
following represents direction which should be followed in
accommodating the necessary redesign:
- the area to devoted to additional storage must be
determined after taking into account the required
parking for the entire site;
TO: Planning and Zoning Board - Staff Report
RE: Conditional Use Permit for Proposed Storage Building
for use in conjunction with Delray Plaza
September 15, 1987
Page 5
- there must be a separation between areas devoted to
maneuvering of vehicles (parking) and loadinglunloading
areas;
- if a one-way traffic flow is contemplated, diagonal
parking must be used; and,
- the building(s) design must take into account its
relationship to the residentially zoned property to the
east and should probably involve an integration of
wall and building features in addition to landscaping
and roof treatments.
- respecting the existing easements and then integrating
the entire site into a single parcel either through
replatting or a Unity of Title.
I
Additional considerations may arise during testimony received
during the pUblic hearing.
ALTERNATIVE ACTIONS:
1. Assuming the Board concurs with the Director's assessment
and the applicant accepts same, continue the request so that
a revised site plan can be prepared and analyzed. Additional
direction should be given as the Board feels is appropriate.
2. If the Board concurs with the assessment reached by the
Director and the applicant desires to challenge that
assessment, take an action to deny the requested conditional
use based upon a failure to provide adequate parking, and
attendant site plan to provide separation of on-site parking
and loading areas, and an inability of the Board to make
findings of compliance with points 2, 8, and 9 of the
mandatory findings required by section 30-21-D; and allow
the project to continue to the City Commission for final
action.
STAFF RECOMMENDATION:
Following the Public Hearing and with concurrence of the
applicant, by motion, continue consideration of the request to
allow revisions to the site plan with direction that a revised
site plan must be submitted to the Planning Office by September
28th in order for it to be considered at the October 19th meeting
of the Board.
attachment
(D J STANDARDS FOR
APPLICATIONS
EVALUATING
SITE AND
DEVELOPl'IENT
PLAN
In considerin9 an application
approval, the Plannin9 and
Council shall be quided by the
show in its records that
applicable.
for site and development
Zonin9 Board and the
followin9 standards and
each wa. considered
plan
City
sha 11
where
(
ll)
Sufficien of Statements and Gra hic
Determination as to the SUffiCiency of
contained in the application and the 9raphic
required in SUbsection (GI below.
sed Use of the
what effect the
proposed Use of the subject property will have on
adjacent and nearby properties and the City as a whole.
Materials.
Statements
materials
(2 J
(3 J
Inoress and Eoress. Determination of the public safety
for the in9ress and e9ress to the subject property and
the proposed structures therein, with particu~ar
reference to automotive and pedestrian safety and
convenience, traffic flow and COntrol, and access in
Case of fire or catastrophe.
Off-Street Parkino and toadinq Areas. Determination of
the suitability and location of off-street parkin9 and
loadin9 areas to thorouqhfares and internal traffic
patterns within the proposed developmentl with
partiCUlar reference to automotive and pp.estrian
safety, traffic flow and control, access in ~ase of
fire or catastrophe, and the economic, qlare, ~oise and
odor effects on adjacent and nearby properties.
Screens and Buffers. Determination of the SUffiCiency
of screens and bufters to preserve internal and
external harmony and compatibility with uses inside and
Outside the proposed development.
( 4)
( S)
(
(6)
Oralnaqe. Determination of the manner of dralnaqe on
the property, with particular reference to the effect
of prOVisions for drainaqe on adjacent and nearby
proparties and the consequences of such drainaqe On
overall pUblic drainage capacities.
~~'.
,..
~...
'if"
t~.
(7)
Sanitary S_rs. Determination of the
prOViSion for. sanitary sewers, with
reference to the overall relationship to
sanitary sewer availability and capacities.
Utilities. Determination of the adequ<<cy of utilities
with partiCUlar reference to hOOk-in lOCation and
availability and ca~city for the projected Uses.
. -
adequacy Of
partiCUlar
the City's
(8)
..
(91
;,.
Recreation and OPen Spaces. Determination of the
adequacy of recreation facilities and open spaces, with
partiCUlar attention to the size, lOCation and
develo"",,,nt of the areas and their effect on the
priVacy of adjacent and nearby properties and uses.
within the propaaed development, and the relationShip
to CitY-wide open apaces and recreation faCilities.
(10) Site Develobment. Determination of the Suitability of
the site plan, with partiCUlar attention to assurinq
that the appearance and general layout of the
development will be compatible and harmonious with
adjacent and nearby properties and the City as a whole
so as not to cause SUbstantial depreciation of
property value..
(
(0) STANDARDS FOR EVALU....TING COIlOITIONAL USES
The Planninq an4 Zoninq Board and the C1ty CounC11 shall
consider oaly such cond1t10nal use. which are author1zed by
the ter.. of tbie ord1nance, to dec1de such que.t10ns as are
involved 111 deter1ll1n1nq whether concUt10nal u.e. .bould be
qranted, to qrant cOnd1t1onal U.e. w1th .uch COnd1tion. and
.afequard8 a. are approPr1ate under th1. ordinance, or to
deny concUtional u.e. when not 1n harmony w1th the intent
and ll\I11lO.e of th1. ordinance.
In cons1dednq an appl1cation for COnd1tional use, the
PI&nn1nq aII4 ZOn1nq Board and the City Councll .hall lllaJce
wr1tten f1n41nq. certifYinq compl1ance with the .pec1fic
rul.. . 'JOftrnJ.nq 1n41V1dual concUtional use., &nc1 that
sati.factory prov1.10n and arranqenent ha. been made
concernJ.nq the f0l1ow1nq, where appl1Cable.
Il) Inqre.. &nc1 eqre.. to the .ubject property and propo.ed
.tructure. thereoli, w1th pert1cular reference to
automot1ve &nc1 pede.tr1an .afety &nc1 convenience,
traffic flow and Control, and acce.. 1n ca.e of f1re or
catastrophe.
(2) Off-.treet park1nq and load1nq area. Where required,
w1th PArt1cular attent10n to the 1t... 1n .ub.ect1on
I D )Il) above, an4 the ecoDOlll1c, qlare, n01.e and odor
effects the Con41tional USe wlll have On a4jacent an4
nearby properties and the C1ty a. a whole.
.,
(3) Refu.e an4 .erv1ce area., w1th part1cular reference to
the items 1n .ub.ection. ID)ll) and ID)12) above. II
(4) Ut111tie., w1th reference to locat1on, ava11ability and
cOOlpa tiblli ty .
"
(5) Screeninq and bUffer1nq, w1th reference to
dimen.ion. and character.
type,
(6)
Siqn. and propo.ed
qlare, traff1c
compatibil1ty and
proper tie. .
exterior
safety.
harmony
liqht1nq, w1th reference to
economic effect, and
w1th adjacent and nearby
(
".~'
(7) Requ1red .etback. snd other open space..
.
. '''';.~ '.' '~::-,
;..;'..,~:?-t.....
..h~~~'f;';!'"
"'i'iA-:"'.;'
':'1."t.- 1=.1..,
. - -~ .~.~;}~:....~. .
.:~-,.~~""r.... i~
',~:; .' - :":'~ . ~ ,..
? ':'/?Y':'}~':.:.:t;:..
~:r i;;~.' . .'
(I) GelMiral CClqItltJb1l1ty w1th a4jac:ent ~rU.. &n4
other properqr 1n the zOning clJ..U1ct.
(f) Ileiqbt of !Iu1141nq. &n4 .tructure., vt~ r.f.~ to
CClqItltJbiUtr ancr h&aDony With a4j._t.: UIlS IleUby
Properti.. &n4 tbe City .. . wbole. .
.. . ... ..,
(10). !eo""llic .fteeu cm:adj.cent &nc1'-br:~rU.. &n4
":: ,tbe Citr "".'wbo1.. .. , , . ';":""~h:4:,' {>'.'..J.;'S!Ir1.!:'J""-'.,
1',' . "',... ,Q ._,:\ ..: .....~~~:?-....!~._'~. /'.:.
..' r" 1.. "f',j'~"~.'".", 't.~t'. .
. ~.. . ."'f..' :.~. ....... '.' .l(:. .0.... . _
,~
DEPARTf\.cNTAL
CORRESPONDENCE
[ITV DF
DElRAV BEA[H
~(i
TO C(jt~ja.ry~:~er
FROM David .J..:__.I<ovac~.irector
.__...._.__.E~part:lIl-"nt of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
RECEIPT OF THE S.A.D. REPORT AND DIRECTION REGARDING
REVIEW AND IMPLEMENTATION
DA TE February 2, 1988
ITEM BEFORE THE COMMISSION:
The action being requested of the Commission is that of accepting
the S.A.D. Report and providing direction as to its review by t~
Commission and then implementation of its recommendations.
BACKGROUND:
This report was prepared a1 the direction of the Planning and
zoning Board and the encouragement of the City Commission. The
Commission has stated that they desire to have a workshop with
the Planning and Zoning Board once the report was prepared.
The report w~s prepared by Dorothy Ellington, Planner II. It was
presented to~Board at a work session and then it received further
review and modification at a later P&Z worksession. Attached is
the summary memorandum and appropriate tables. The report itself
is approximately thirty pages in length and is available at the
Planning Office. It will be distributed prior to the
Commission's workshop session.
The summary memorandum is self-explanatory. The Planning and
Zoning Board, at its meeting of January 25, 1988, formally
approved the report and forwarded it to the City commission.
,q
eM 362
THE E
r:....I_,,.~JAYS MATTER:::,
:'0: V ,,-:, 1 '. _~ ,;:;.,uger
Re: City CCIlnmis ., Documentation - February 9, I
Receipt Of Tne S.A.D. Report And Direction Regarding
Review And Implementation
Page 2
ALTERNATIVE ACTIONS:
1. Recei ve the report without further comment or action.
The implications of this action are: 1) there will be
no changes to the current policy statement; 2) the
findings and recommendations . of the report will be
incorporated with the on-going up-date of the
Comprehensive Plan; and, 3) the current modification
process will continue to be followed.
2. Schedule review of the report for a spec if ic workshop
and invite the Planning and Zoning Board to attend.
The Board has appointed members Sumrall and Plum to
represent them .at such a workshop.
3. Accept the report as presented and adopt the
recommendations of the Board. The implications of this
course of action is simply that the policy statement
will be amended as recommended, rezonings to
conventional districts will be sought only when
appropriate, and the modification process as currently
practiced will be continued.
RECOMMENDED ACTION:
Commission discretion.
Attachments:
summary S.A.D. Report memorandum and tables
REF/DJK#14/B:SADRPT.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO:
( PL~IN: AND ZONING BOARD
~~~ ~'-:(C ~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM V.B.
MEETING OF JANUARY 25, 1988
ACTION ON S.A.D. REPORT
ITEM BEFORE THE BOARD:
The action requested of the Board is to forward the S.A.D. Report'
along with recommendations contained in the staff memorandum'
prepared by Dorothy Ellington, Planner II, to the City
Commission.
BACKGROUND:
The S.A.D. Report was commissioned in-part in furtherance of one
of the pOlicy statements of the Policy Guide To the Land Use
Element of the Comprehensive Plan; and, in-part, to the need to
establish a consistent policy with respect to modifications of
existing S.A.D.(s).
On an interim basis, the City Commission upon recommendation of
the Board, has established the procedures for modification of
conditional uses as the manner in which to modify an existing
S.A.D.
The Board had reyiewed the first draft of the S.A.D. Report on
two workShop occasions. The first at which Ms. Ellington
presented the report; and the second, at which Board members
provided direction for changes and corrections to the report.
The revised report is now ready for Board action. As a part of
the agenda packet, only the cover memorandum (of the Report) is
provided. The full report is provided to Board members under
separate cover and is available to the public upon request.
v, a.
To: Planning dnd Zoning Board
Re: Agenda Item V.B.
Meeting of January 25, 1988
Action on S.A.D. Report
Page 2
ALTERNATIVE ACTIONS:
1. Accept the revised report and forward it to the City
Commission with a recommendation of approval.
2. Continue with direction.
3. Make additional changes to the Report at this time and then
forward it to the City Commission.
RECOMMENDED ACTION:
By motion, accept the S.A.D. Report
memo and direct that these items
Commission for formal adoption.
and accompanying staff cover
be forwarded to the City
Also, designate specific members of the Board to participate in a
workshop session with the City Commission regarding the contents
of the Report and the accompanying recommendations.
Attachment:
Ellington memorandum, cover memo to Report
REF/DJK*ll/B:SAD.TXT
M E M 0 RAN DUM
TO:
Honorable Mayor and City Commission
David Kovacs, Planning Director ~
Dorothy Ellington, Planner II
Thru:
FROM:
SUBJECT:
SPECIAL ACTIVITIES DISTRICTS
DATE:
January 19, 1988
After careful review by the Planning and Zoning Board this report
is presented as a basis for a policy recommendation concerning:
a) Which, if any, SAD(s) should be changed to conventional
zoning; i
b) What procedure should be followed for modification to
SAD(s); and,
c) What, if any, changes should be made to the existing
policy statement.
To assist in making the above determinations, this project was
undertaken to ascertain on a case by case basis the fOllowing:
1. Why was each SAD designated?
2. Is conventional Zoning more appropriate?
3. Was a modification process included in the specific
enacting ordinance?
The fOllowing information is a sununary of the findings of this
study with supporting data attached in the form of tables and
location maps. .-
Modification Process
None of the twenty-eight (28) ordinances enacting the SAD ( s)
outlined a process for amending the districts. Nor is there any
statement regarding this issue foun~ in Ordinance *35-78 creating
the SAD zoning district. Generally amendments to a SAD have been
handled according to Section 30-22(F), Site Plan MOdification
Procedures. That is, upon receipt of the application, the
TO: Honorable ~ )r and City Commission
RE: Special Activities Districts
January 19, 1988
Page 2
Planning Director determined whether the modification was (1)
non-impacting, in which case the director approved the
modification, or (2) major or minor, in which case the decision
was made by the P&Z Board or City Commission.
(While there was not notice given to adjacent property owners, in
some modifications the City Commission modification was by
ordinance (with an advertised hearing) while in others the action
was by simple motion) See Table I.
Why Were The Districts Designated?
It has been suggested that the SAD was applied, in the past to
lock site plans to a specific parcel of land. The research
reveals that the process of site plan modification wa~
established in February, 1978 (Ordinance #9-78), prior to th~
June, 1978 establishment of the Special Activities District. '
Although the above reason was unnecessary because of the existence
of the mechanism for site plan review, it was indeed one of the
various stated reasons for application of the Special Activities
Districts. Other reasons included: to place limitations on
density for residential developments; to limit the intensity of
use for commercial developments; to regulate hours of operation;
to afford the developer flexibility regarding site plans; and
generally to accommodate development. Table I lists a reason for
each SAD zoning district application. Because there is little
discussion in each file regarding the appropriateness of each
SAD, the conclusions listed in the table many times are
speculative.
The research has revealed that most of the SAD zone designations
allow a category of land use which is inconsistent with land use
designations as shown on the City's Land Use Map (Comprehensive
Plan). Apparently, prior to September, 1985 (previous to
enactment of the 1985 Comp~hensive Plan Act), consistency with
the land use map was not'/-ci'~ consideration in the processing of
rezone requests. Table II identifies which SAD applications are
inconsistent with the Land Use Map. Aggregation of that
information reveals the following:
TO: Honorable I or and City Commission
RE: Special Act~vities Districts
January 19, 1988
Page 3
Use
lISAD Ordinances
Plan Amendment
Required for
* Conventional Zoning
Office
Retail
Other**
Mixed Use
Bank
Auto Dealer
Restaurant &
Residential
Total
11
5
3
2
1
1
Lounge 1
4
28
9
5
*** 2
2
1
1
1
o
21
* Although some of the uses might have been conventionally zoned
without a plan amendment, it would have probably been
inappropriate to do so given the intensity of the use.
** These developments were categorized as "other" because of
their peculiarities or because the use is not addressed in the
Zoning Code.
*** The "other" uses could have been accommodated by amending the
RM-10 district or other appropriate district in that the use
allowed under the SAD was akin to uses in other districts. (See
Table III)
Conventional Zoning vs. SAD
The Land Use Policy Guide states:
"Use of the Special Activities District (SAD) should be
applied only in unique situations and used only when con-
ventional zoning districts cannot be applied. Every effort
should be made to rezone existing SAD(s) back to conventional
zoning distrIcts."
Evidently this pOlicy arose as a backlash to the apparent misuse
of the SAD in its actual application. However, in order to
change existing SAD developments to conventional zoning
districts, considerable governmental review is required. As is
indicated by Table III, of the 21 developments requiring Land Use
Plan Amendments, eleven (11) of them will require State Review.
TO: Honorable~.. or and City Conunission
RE: Special Activities Districts
January 19, 1988
Page 4
Additionally, six (6) of the developments can be acconunodated
only if the appropriate zoning text is amended and two (2)
developments will require creating a new zoning district.
Because of the amount of time required for processing changes to
existing SAD(s), it is suggested that they not be rezoned through
an effort to convert them to conventional zoning.
Conclusion
Regarding the three objectives to be addressed in this study, the
following actions are reconunended by the Planning Department:
a) Which, if any, SAD(s) should be changed to conventional
zoning?
Response:
Only those SAD(s) which involve vacant property .
(The Isles of Delray, Plaza Delray and Pine :
Forest) should be given rezoning consideration at
this time. This would involve rezoning each as
follows:
1) The Isles of Delray
R-1AA (Original District)
2) Plaza Delray
3) Pine Forest
LI
(Original District)
RM-10
However, because there is currently no activity
on these parcels, it is not reconunended that
they be rezoned at this time.
If it is necessary to process a major
modification to a specific SAD, the option of
requiring a rezone to a conventional district
should be explored by the Planning & Zoning
Board. (See response to objective c).
b) What procedure should be followed for modification to SAD(s)
Response: The interim policy of following the conditional
use modification process should be followed
unless a rezone to conventional zoning appears
most appropriate.
TO: Honorable tt ':lr and City Commission
RE: Special Act_.ities Districts
January 19, 1988
Page 5
c) What, if any, changes should be made to the existing pOlicy
statement?
RespOnSe: Reword to read:
"Use of the Special Activities District (SAD)
should be applied only in unique situations,
al'u! --1:l.11et! -- ell.:t'fWl'I.ell. -- eell.vell.~!:ell.a:t -- l!lell.!:ll.~ -- t!!:ll~r!:e~ll
eall.ll.e~--~e a~~:t!:et!~---Every--Errer~--lll'l.e1:l.:tt!--~e--Mat!e
~e -- rel!lell.e -- eX!:Il~!:Il.~ -- SAB~Il-- ~aelt -- ~e -- eell.vell.~!:ell.a:t
l!lell.!:ll.~ -- t!!:ll~r!:e~ll~ when the proposed use cannot
be accommodated by conventional zoning districts, and
when the rezoninq would further the stated purpose and
intent of the district.
When a request is made for a maior modification to an
existinq SAD, and when the use of that SAD
is consistent with the Land Use Plan, theA
consideration should be qiven to convertinq said
SAD to a conventional zone district.
At such time
is complete,
be rezoned,
districts."
when the update to the
those properties which
when appropriate, to
comprehensive
are zoned SAD
conventional
plan
shall
zone
Ref:DE*l/A:sadtext
C
21 0 C
a .~ 0
>-t +' ....
H 0 ~
... :E ~
U ....
>-t ~ E
"-' ~ E
~ u 0
'" c u
!fl ~
0 ,.,
I U +'
'" ~, .~
U1 '. ,., u
'" "
I ,0 .~ ,.,
:;J ~ u '"
.~
21 -0
a ..
>-t 0 ~ ...
H '" '"
>-t ... , ,
'" v v v v v v v , v '" .... 0
~ v c c c c c c c c C , '" ~
c 0 0 0 0 0 0 0 z 0 N , ,
u 0 % % % % % % % Z ... '"
%
,.,
:>. ,., :>. ~
:>. .... ... ... v
... v v v >
v > > > .~
> .~ .~ .~ +' C '0
.... +' +' +' . 0 ..
~ +' ~ ~ ~ c .. G c.~ ~
'" ~ c " " c " 0 +' O+' 0 C
< " 0 +' +'0 +'.... ~ .~..... 0 c", 0
U1 ~ C+' .~ ~ ~.... ~+' .~ "., E 0 ....
o ~ +' .~ ....+' .~ 0 C 0 0 ....v +'
0: ........ 0 C co CE .~ E E ,., +' " 0
0 >-t +'C E .... .~ E .... E '" ~ 0 E
... ... 0.... E E e:>. '0 ,.,,., U...
~ s e :>. '0 '0:>, '0'" < "'''' , .~ v :>.
UlUl '0 '" < <o:l < ....c o:l
..% :>.< , ... ....
uO o:l '" '0:>'
~Ul '" ... ..."', 0...
0:< ~ '" <0 ...'" ...'" '" "''''... :E+' ~
..'" '" '" '" "'''' "" , '" C '"
UlO: "'''' , , " "" '" "''''''' " v ,
~ "" ~ '" ...'" ....... v ~.... v 0" <0 V
00 I ....'" V '" '" "'~ "" c , ....N C '.,.. C
% '" "'''' C , .... ...., ........ 0 .... 0 ~ ~ 0
Ul< H "" 0 ~ '" '" ~ "'~ % - z :E u %
'" >-t ....0 % ~
"! ~Ul U1 "'....
:Ii ..%
....0
< >....
...... "
...< v v u .. v
uu ., ., ~. "'C' ,
<- - ~ ; , v
'" " ~ (., 0-0 -'"
-'- .1 = " 0 ., 0
<0 +' +' ., ., 0 0 ., ., - .U v
....0 C C C C oJ ., C cc -0 ~ V "' 0
u>: v v v v v v S .) 0 c ~ 0 0
'" E E E E ,0 . E Eu E 0 +' "' +'
0..% '" '" '" '" .... .... 0. "'co E C wo .~
"' < 0 0 0 0 ~ ~ 0 0 -0 0 0 v v c v
-' ... ... ... ... ~ ~ v . u .~ '" x ...c ...
0.. V V V V <0 <0 V v.c ., u ~ c .~ .c v .c
> > > > > >" ~ .U C .~ E ~+' .
'" v v v v ... ... v v . +' ~- ...
... '0 '0 '0 '0 '0 'O~ ." 0 0. ~ ~ .... .~
,., :>. 0 ... x .,..;..... . v . v
Ul '" V V V V +' +' V V '~ v x.c > ~ > ~
... +' +' +' +' .~ .~ +' +' ., V+' . ~ . ~
U1 . . . . ~ ~ . . v ,'= -- V
I '0 '0 '0 '0 C C '0 '0 " "0"'0 .c o v +' V +'V
~ 0 0 0 0 v v 0 0 ~ c v ., c+, 0., 0.,
E E E E '0 '0 E E E., ., .0 ., .~ . .~ .
... E E E E E E ., " u c ., ~ '0 c "'0 "'0
I 0 0 0 0 -" -" 0 0 ,- C " v .- ..... 0 V +' 0 +' 0
21 u u u 0 u u u U E .. E E E E ~ E ~ E
a u u u 0 0 0 u u._ c' " 0. ,~ V E '" .... E .... E
U1 . . . . ... ... . .- '. , 0 ~ .. o 0 '00 '0 0
... . =- ~ u~ u u
i:l 0 0 0 0 0 0 0 0 , r .c u ~ 0 0 0 u
.. ... .. .. ... ... ... ...,:: > ,:: ... . > % . % .
,.
<
0: co
-' z
'"
0 0 <
-' -'
'" .... 8
0: ::0
'" .. '" ... 0 '"
% Z < 0: U
< '" '" '" >: 0 Ul
'" '" U 0: 0: < W '" '"
0: < < W 0: - 'v:' 0: .. -'
< '" .. '< => => 0: < ,. 0: '" 0: -'
0.. .. < N (]I (]I ... ::0 C ... 0 <
< < co u: c:; (JI ~ < z CD
"' ... '" -' "- c1 ~ '"
Ul "' 0 0.. 0: 0: -' 't .... "' Ul
W '" '" " ... <
0: ... c1 0: > > co ;:: co :0 Z 0: CD
~ co U1 '" < 0 c '" '"
Z 0: '" :E Z Z "' Z > '"
0 < ::0 < < ;:: 'I. "' < '"
Zl U ... -' 0 '" :c -' ...
N '" ~ "' ~ ~ 7:' " '"
Zl
0
...,
H ~
<: "
'-, C
..., 0
c.. 0
... 0 m
'" u >
0
:c '" .,
I ., m
'" " ~
Vl U .,
=> ~
I '" .,
-> '" c
<: .,
~ e
'"
... .. <
H co
... "-
'" m CO m m u <, "
Zl C N C C C CO
0 0 "- 0 0 C Z 0 0 CO
U Z CO Z Z Z Z Z "-
_.
ZI 0 0
a u u
.... e e e
!;j 0 ~ ~
.~ e c
u OJ
.... "' ""
... .~ .. ..
.... e 00
co e
Ol 0 c c
J u 0 0
.~ ~
'" "' "'
CJ1 .. "' "'
:::>0 .~
I U e e
... e e
--= '" o 0
~ .ov Uu
0
.... Me >.>.
H "'''' .,.,
c:: 'e ............
co .~ " " ,~' Uu
~ "''' e e ~
,.. 0 0 >'>.
CJt "'0 z z Z alal
e
...
e
"
<
.......l;CC c e
~ ~ooo o 0
Q C ................ ..-1....
< a ....+J+J+J ....
'" IofOOO 00
G.I & E! E e e
'" "
~ ;j CNNN NN
...
.... bI.eI. .el ....
"'''' ~ e
"'z tala.. a.. 0.. 0..0..
UO
~'" , , , ,
"'< Zl
~~ --= NMMIf) 0,",
o:l C:OCOIXlCO " . "''''
~ ............................ e c "
QQ ~ C\I_l"--CO 0 0 "'...
z " NNNN Z Z N~
~ "'< e ............................ "
'" .... 0 O(O')C)(P') 0-0
'" ~oo CJ1 z ~ ~
'"' "'z '"
'" ~o
< >~
... ~...
"'<
UU
<~
r.. "
'"'~ ~ c
<Q .. ., 0
~o e v e e OJ .~
U>:: o.c " " ., ..
'" ..... e e -" e '"
o..z "' " " ~ v ..
"'< e e 0 0 x e "
'"' ".~ ... ~ . 0 "
0.. " " " .. 0
~ "' > > ~-
'" " " " " " ~
... "' " " ." '" 0
~ " " " "
'" ~ .c " " .. .. "'
..... .. .. c ..
CJ1 '" " '" ~ c "
I .. .~ " " , 0 ,g
@'j .~ 0 0 0 ...
.0.. e e .. 0-
... .~ " e e . .,
I .ce 0 0 '" ~ .~
~ 0 e 0 u 0., e
.. 0 0 () .~
"U '" '" 0 w "' ~
--= " >
~ 0... .. 0 0 " = c
"'0 0 ... f- ...
<
N
<
'"'
0..
'" ""
U N
~ ""
r.. -'
r.. '" "-
0 '"
< '"
'"'0 '" >- 0:
""Z QI "" ""
z"" '" '" "-
0-' '"'
00 '" - '"
"'''' '" '" 0
mOl '" G:. 0
"'"" '" "" ~
'"' r.. '" N
:0 Co: z "" -
"" o:C 0 '"'
ZJ c.r.. u
~ "-. -
,'J co
"
H
C.1
-<
'"
H
co
-<
'"
,,-1
w
-<
H
-<
'"'
-<
H
U
<:
-'
<:
--<
u
:.>
'"
'.0
Ul
'"
Zl
CO
N
,
t.1
-'l
'"
-<
Ul
'1'
o
~
i
~
...
!cl
Zl
'"
...
Ul
~
I
Zl
..,
-'l
"-'
I
:::0
-'l
I
I
I
I
I
I
I
I
I
I
!
i
:
I
I
I
'"
Zl
-<
Zl
CO
N
I
Ul
:::0
CO
-<
'"
'"
'"
~
i
I
I
I
I
I
I
I
I
I
I
'"
Ul
:::0
I
1
~~
0,
~
'-
~ tl!l
?a c
z: c..
..,
e,
-,
C.
<:
~
.:,
U
U
U
U
"-
C.
--l*
*
.U
uC
",0.
~
....
1:", ~
.~ -<
, "'
-<... -<
~:I:
.~ >,
"''0-<
C C."
~ ~ 5
'0 ~
....+"tz..
~ '- ,
IV 1'1]....
<>: 0....
-<
I:~
lJ:: .... J:
'"
,
~
..
<
<
,
<>:
.>:
'-
~
0.
.'
U
~
~
C
-"
'-
*
*
U
:z
U
U
U
-'
"'
-
,
...
:I:
"'
-
,
:I:
<>:
.>:
I:
~
r:o
.>:
~
:.:';
~
~: '.
=
.., <
G
=
.., '"
"---'
'-
.~~
0<.
*
*
U
o
'"
'0
~
I:
I:
~-
--<~
0. .~
...
. I:
o ~
-'0
, .~
"'~
"'~
0.<>:
"
"
I:
- =
m 0
"U
~
..,
--
~ ~
U.~
~...
.. I:
,,~
<'0
.~
- ~
'" ~
<'"
.>:
..
~
0.
U
U
.~
~
~
o
u
'-
..
=
.;;
.~ "
iii ,0
"
.>:-
n ~,
--'co.
*
*
U
'"
o
'"
U
U
<
<
-
,
",co
'"
U
--'
U
<fl
<
-
,--,
"''''
'"
,
...
:I:
'"
,
...
:I:
o
,
~
<L
,
:I:
'"
"
~
.,
.~
.~
~
o
"u
- =
.,-j....
5-
o
......
o
~-
-
"0
I: ..
~
<fl N
~
~
u
c
.~
~
~
r:o
.t
t:
.t
Co :=
.'\l ,13
~:;
~~, ~
>.
........ ~1
C,I... 0.'
:- oJ)"":;
o E .
....
It 0 ~-.
:c......::.r..:;
'-
.-
E
is
~
"',
w
>
.",
r:o
<
r;:.
<
~
:I:
<
r';:
"
-
.~
E
."
...
u
"
C
.~
<fl
<
<
'"
"
"
"
w
>..,
o 0
'" =
< "'.
(.1) .2 t.
<: ...:.
U~
~ o.-li
:1:0>
<:... .:'
VJo..-::
--::
~
,t ,':<
- --
v-:=
'J:-
,
'-~
" '-
> 'l'
e E
'-
,,,: c
...... ~ -
-'<
,':-':
:I:
'"
=0
2
"
'-'
<
- E
'-
~ ~
,va:
.-
~~
"'"m
c
~ -
~
'-::"'0
:,.....
-= =
~u.:l
*
.
U
U
.
.
U
--'
o
.~
'-
..
"'
~
'0
=
-
o
-
,
...
:I:
..
~
~
'0
I:
-
m
.~
...
I:
~
'0
.~
~
~
"'''
..,
:I: .~
"'~
c
- u
"co
...
1:",
= "
o ....
U:I:
..,
"'
"
--'
--'
,"
..,
"
'"
'-
~ ~
"' ~
.., ~
o
-
'0 m
c..-j
o u
..
-~
~ E
... E
o 0
:I:U
c
~
"
o
<-'
'- m
>1\ I,}
> 0
.-
--'0.
=
--l
*
*
U
<fl
'0
I:
~
...
...
...~
..'"
~
0.1:
.~
I:
.~'"
I
-...
u:I:
E
~
.~
'0
~
:I:
-......
~ ... ~
~ 113....
IV Ci+" +>
c C"
vcvco
"'......-0 C.
.~
C)....-1tnC
U 10 IV....
.~ <>:
(j I>.
>.....;r:+l
+-':JO:::....
c:= tII
::l s: -a c
o : c 0)
UU:'CQ
..
~
-
~
~
'"
o
...
~
<
,
c
C
N
~
'"
"'
..
o
...
o
>::
~
N
~"
~ I:
c
'"
~
'0
* "
~ * ~ "
~ '" '" U ~'O
'. '" '" -' " 0
w -' 01 00 ... U
21 . ~ * '0
::l t. " '_1 U ~ U '0 "
N C 0. 0 '-=r.:; c z * ro c
l': " , - . .~
~ n U , U " C
X X >: - 'J :'2 ~ 0 0 0
'" C " " '" - ::J.....J "- Z N
0-< r.::
01 " ,"
01 c c
a t.. 0 0
<ll L' Z Z
I
I
i '"
I
I - 0-<
I ro .~
~ u .~ S
... ro
... '0 " c..
H ^
;J " 0 0 "
~ 0 c "' '0 - 0-<
" , - - '" '.0 <: , "
0-< C. , , , - '" C
01 '" c.. c.. c.. c.. - "- "" , '" .~
~ "- >: >: >: >: uo >: - "- ell
~
"'1
::>
-'
I
,
I
I
I
H I 0-< 0-<
'-' I , ... ro '0 " ..
.... I " " .~ " ...
'" , U E U N '0 ~
H I E ... ... .~ e " c..
,~ I '0 0 0 " 0-<_ - - eIl-
.... " " e.' ~ S ro ro ~ -c..
CJ Zl . -" E " U U)
... '" " 0 u u "' .~ "'-
'f, Zl '" ro ~u " ... " ... '" ,
w a ~ c c ," <: ~ 0." .~ "'+' <<
.... N , - r.f].... " <: zoo U) E -' < c <<
H I '" , , E c 0 , s , --
.... <Jl '" >: >: >: U) ro " '0 U) 0 " , , "
:>, ::l "- '" '" '" "',,"u '" ......1..;:: ~u -' <:; "''''
.... a
-< H 0-<
'-' ><
<: w ...
'" .e "
-'l <ll .~ +'
"" , C' c e
.... I ... "
U I " " ~ " " u
W I S ~ >, '0 C " U
'" , '0 S +' ~ U e.~ '0 c .M "
<FA I " 0 .M " ro roo-< .' 0 _ u
, 'Ou_ e " .~ ~ s 0 _ e
e ro ::J c e " ... - " c -' 0 "
" " .M .,-i.c =:l u ro .M . , ...
+' " +' "- '" e+' .~ .c ''0 0 '" "
" ~ e ~- .......,-( '" -"- " c ro ~ ~ _
" ~ .M ro . e _ "c.. e " " e
'0'0 - S ... .~ 0'0 "'>: " 0 u u 0
i' ...... U . H "'- e .M .M .~ U
X ~ _ +'- - ro " " c ... ^ _ _
+' .~ " ~ , ~.~ " ro ~.M ,,- 0 ~ _ _ "'
" s'" .......... +'- . U e e " .1 " 0 0 U
i ro <:+' s.,..-jQ .~ " " ., " ~ ...
w U "''0 e- o u '0.0 " ') c '. E >: >: 0
C1 ro u - " 0 0. ,~ to:. " ., cc;. " ei: co '" -"
::> >~ ro H>: U)c..N >:-' -~ > "- u
"
... " '-
" ... 0
<: " ~~
" ,. 0;
c U
0 c 0 ~ c u e z2:
"- " C1 ~ " ro ,
... ro -" ~ ~ c " ro +' u o.s
,lJ...... ~ 0_ >, '- 0 " ro " ,':<c
.....0:... ... ro . .. l\ ^ ~ >:
" v 0 " C ...r-> ~ _ 0; ~ '" c
':""'C Z ~ e 0 '" c C ... '.
u ... , o .M " r: ... -0 0
C "' " u "' - .. '- '" ... ~ -' "-
.''H 0_ "' = ... ., '" ... '" ...
" '- ... 0::. 0 -" 0 -= 0. - ~ 1 " ro '" ro ~ " ;
W .M " ~ ii +'~ 0. ~ C " ... ... v~ - .,
:0 -" :' 0 - c ,. ~ " v_ v_ S e c..=
;g C.3 ,r ...:: '-' v ... c..c >. -" " .c " ro v u:
€- '.".' r.f'.,:,.. 'f) '_-: ~ ;.... ~, H'" H'" ..,U <1.'-0::::
...
,.
z
::l '- -
0-<
M
'" E
U ~ ~ 7 C
::l " - -
-'
:J: * *
'" * *
tf.I U U
'" * -' Ul
'" 0 *
a ~ ...
'" , u u u
, ~ Ul U
'"
-> 0
"" '" u 'U
.... * ... " -' .
'"~ * , .
,~ U Q ~ u
'::. 0 '" 0 u u :) :2 u
'" c.. 0.. ~ :z " c.. '.J
'"
a
.... '"
H ... , e
.., .~ u "
Zl E " 0.
'" '" '" 0
.... ... ... , ~
"" '" "''0 ro ."
'" " .~ e .~
'" ... U '0 ro , ,
I " , e +' +'
Zl e " ro e " "
.., 0 ... ~ 0 ~ ~
iil ~ Ul 0... " '0 0 '0
, 0 ...+, u e ~ e
I Q U , '" ro , ~
=>I '" ... , ... " 0. , ... ,
..... 0.. Ul U ~ , " ~ ~ ~
I
I
I
I
I ...
I '"
I ... ... -" ...
I u ro '" ro
H I , .~ .~ .~
U I ... " ~ :I: ~
.... I '" E "' +' " +'
'Xl '" ~ E - " ...+' "
H Zl ~ 0 , ~ ro e ~
"" .... +' U ~ '0 ~ '0
.... Zl ... 0: e +' 0 e
'" a ~ ... e co ...
I .. U '" '0 ",
tf.I I .~ ~- c +' '0 +'
'" tf.I ~ " " '" -" >, -"
'" .... =>I "" C+' '" " +' '"
-' H a <+' " c < .~ " .~
;.l:; .., .... c < '" ~ < -' '" ~l -'
'" >i >i . ~ - , 0 ~ , e ,
;- .., '" 0: 0 , '"u , ~~
H "" <u 0: u- X -' -' ~
U il<
.., ,
I ,
..... I
.., " ,
.., " 0 ,
U +' U 'H 0
'" c .~ C 'H .e
"' " 'H '0 "
tf.I E 'H " 0 ,
0. 00 +' ~ ,,6 "
0 " U "O~ +'
... ... ~ .~ "' c e
" ... '" 0 ~ +' ~ >, ~
> '" e... +' .e +'... u
" ... 0'" " .~
Q +' " ... ro.~ , .~ E '"
C +' " Q < e
" " .~ " " ... +' " +''H .~
I U '0 ... " ~o ... e U e~ 0-
I ... ... .~ 'H ro_ '" '" ro+, 0-
'" 'H " U 0 , +' U'H U... 1
"" 'H " '" ~ ~~ " "''H ro
=>I 0 0: ... 0.. 0: > 0 >;: Ul
I
I
I
I
I
" '1 .
U 0 " ~
'H .~ e .e . c
0 'H < .0 .
. .
+' 'H ~ " :.. ,,,
~ " o .~ ~ z c
" E ~ ro " .
" '" .~ ~ - a ~ " :i".l!
" ~ +' " ro<: a . ~ x
u- u ~ c Ul ~ " c
ro " .~ .0 0 ~ 0 .
~Q > '" .~ 0 " ~ c 0 ~ -
I ~ "'H " co 0 0.
I ~ ~ 0 " " " ... 0 "
t !- ~ +' " " ~ ~ . , c .
0 .
'" +' ~ .... " '" N . ~ Co=>
:c " c '0 0 0 . e 0 'l' .
.., -" " .~ 0- ,~ 8 ~ ."
Zl !-u <: Ul c..c.. c. c- li " c
I " .
0'->
I U
.
I . .
, " "
z. . ~
'::~ .0 ,
. ~
,... " .
z '"
.., . .
'-' .
C- . ~ ~ ~ ..,
-' " " .. ..
TABLE III
REQUIRES
APPROPRIATE REQUIRES PLAN AMEND.
CONVENTIONAL ZONING TEXT STATE
NAME ZONING AMENDMENT YESINO REVIEW
l. CONGRESS PARK POC NO YES YES
2. FIRST STATE BANK LC NO YES NO
3. LAKESIDE & CENTRE
DELRAY POC NO YES YES
4. DUMAR PLAZA GC NO YES NO
5. HANOVER SQUARE R-1A NO NO NO
6. HANOVER SQUARE R-1A NO NO NO
7. THE GULF STREAM
BUILDING GC NO YES NO
8. LINTON SQUARE GC NO YES YES
9. LAVER'S INTER-
NATIONAL LC NO YES YES
10. ISUZU MOTORS SC NO YES NO
1l. DELINT/WATER- NONE CREATE A YES YES
FORD MIXED USE
12. LAVER'S NORTH NONE CREATE A YES YES
MIXED USE
13. BASEBALL SCHOOL RM-10 YES NO
14. SOUTH CONGRESS
PROFESSIONAL RM-10 NO NO
15. SOUTH DELRAY
SHOPPING CC NO YES YES
16. THE ISLES OF-
DELRAY R-1AA NO NO
17. ROD & GUN CLUB
RESTAURANT GC NO YES NO
18. PYLON PROFES-
SIONAL RM-10 NO YES NO
19. THE GARDENS OF
CENTRE DELRAY POC NO YES YES
-1-
TABLE III
REQUIRES
APPROPRIATE REQUIRES PLAN AMEND.
CONVENTIONAL ZONING TEXT STATE
~ ZONING AMENDMENT YESINO REVIEW
20. THE ARBORS OF
CENTRE DELRAY POC NO YES YES
21. JAMES L. DUNCAN RM-10 YES YES NO
22. THE TERRACES AT
CENTRE DELRAY POC NO YES YES
23. AID TO VICTIMS OF
SPOUSE ABUSE RH NO YES NO
24. PROFESSIONAL OFFICES
FOR AQUILANO GC NO NO
25. CONGRESS SQUARE GC NO YES YES
26. PLAZA DELRAY PCC NO YES YES
27. PINE FOREST RM-10 NO NO NO
28. SHERWOOD PARK
PLAZA GC NO YES NO
-2-
DEP ARTfvlcNT AL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
~
--.-
TO
(.'wa~';:Jj~1~~YQ=
~id J. Kovacs, Director
____Il=!'~rtmeni: o{piaIlning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
TRANSMITTAL OF CITY COMMENTS REGARDING PROPOSED
COUNTY LAND USE PLAN AMENDMENT 1988-1
')A TE February 2, 198!
ITEM BEFORE THE COMMISSION:
The action requested of the Commision
comments to Plam Beach County regarding
its Land Use Plan.
is that of forwarding
proposed amendments to
These items are a part of the County's first plan amendment for.
the year 1988. The County Land Use Advisory Board will consider
the items on March 3, 1988. The County's Local Planning Agency
and the County Commission will consider them on May 12, 1988.
BACKGROUND:
Pursuant to the County's Interqovernmental Coordination Element
they have provided the City with information about these four
requested plan amendments which are each within one mile of the
City. Three of the items are within the City's planning area and
one is within the Boynton Beach planning area.
Attached is the Planning and Zoning Board staff report which
addresses each of the requested amendments. At its meeting of
January 25, 1988, the Board recommended that the staff report and
staff suggestions be formally endorsed and forwarded. to the
County.
While there was no public comment at the Board's meeting, there
has been concern expressed by the Beach OWner's Association
regarding the Flohr and Flohr request. Also, inquiries on the
City's position were made from the Town of Highland Beach. Both
have expressed opposition to the request is is for commercial
potential for this parcel which is located adjacent to the City
limits on AlA,
1--C
eM 362
THE Ec,
A,i,AY;; MATTER:~
To: Walter O. Barr City Manager
Re: City Commissio. Jocumentation - Meeting of Febru~.y 9, 1988
Transmittal of City Comments Regarding Proposed
County Land Use Plan Amendment 1988-1
Page 2
ALTERNATIVE ACTIONS:
1. Forward a formal recommendation of denial on each of
the requests which are within the City's planning area,
to wit:
denial of a request for commercial potential on
property south of the intersection of Atlantic and
Military Trail (4.06 acres);
denial of a request for commercial potential on
property west of the junction of Markland Lane and
Atlantic (6.95 acres);
denial of a request for commercial potential on
property adjacent to the south City limits on AlA
and a comment that since this property is eligible
for annexation that it is more appropriate for the
request to be processed through the City ( 1. 2
acres) .
2. Forward a formal recommendation other than that as
recommended by the Planning and Zoning Board.
3. Defer action and review at a worksession later during
the month of February ( a position should be taken
prior to the Land Use Advisory Board hearing which is
scheduled for March 3, 1988).
RECOMMENDED ACTION:
By motion, endorse the recommendations of the Planning and Zoning
Board and direct that those recommendations be forwarded to the
County Planning Department.
Attachment:
Planning and Zoning Board staff report, location
maps, and background data as provided by the County.
REF/DJK#14/B:COUNTLU.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO:
(\IN~ AND ZONING B.OARD
'k) Cv~.) j k'U:iL ~
DAVID J. KbvACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM IV.C.
MEETING OF JANUARY 25, 1988
COMMENT ON COUNTY PLAN AMENDMENTS, 1988-1
ITEM BEFORE THE BOARD:
The action being requested of the Board is to provide formal I
comments and recommendations to the City Commission regarding
proposed amendments to the County Land Use Plan. The City
Commission will act on the Board's recommendation and then the
comments will be forwarded to the County.
BACKGROUND:
Pursuant to County policies in the "Intergovernmental
Coordination Element" of its Plan, all proposed land use map
amendments which are within one mile of the City's boundaries and
referred to the City for comment prior to the County's Land Use
Advisory Board review.
Attached is the application form and location map for each of the
four proposed amendments which are within one mile of our
boundary.
ANALYSIS:
Each item is described below. Also, a staff position is stated.
Ill. Titcomb, a 8,102 sq.ft. lot which is a county pocket in
Boynton Beach. The parcel is located on Old Dixie Highway and
has been used as a home office (art studio). The request is for
commercial potential for a commercial art studio.
Staff position:
No apparent impact nor concern.
me.
To: Planning and Zoning Board
Re: Agenda Item IV.C.
Meeting of County Plan Amendments, 1988-1
Page 2
*2. Evans and Carusillo, 4.06 acres on Military Trail, south of
Atlantic Avenue intersection; seeking commercial potential on
property designated as medium to medium-high residential.
Staff position: The request is contrary to general policies
of the City which seek to control the over-commercialization
of intersections and areas of high traffic concentrations.
Current traffic conditions create backup (north bound
traffic) to this site from the intersection of Atlantic and
Military Trail. This parcel although not "contiguous" to
the City does approach the City limits at a "point" Le.
corners touch, less right-of-way of Military Trail. The
request is inconsistent with the City's Land Use Element.
The City will be the water and sewer service provider. A
change in land use to this more intense category should not
be considered without first a study and report regarding the,
individual and cumulative effects of this change, and
similarly situated properties, upon the water and sewer.
processing capabilities. Such a requirement is consistent
with Chapter 163 (FSS) which calls for the internal
consistency of comprehensive plans. Similarly, the
requested change should not be considered until firm
provisions are made for the six-laning of Military Trail and
enhanced intersection capacity at Military Trail and
Atlantic (concurrency requirements) . Finally, any
cross-traffic circulation should not be allowed as the
number of cross-traffic occurrences south of the
intersection of Military Trail and Atlantic violates
acceptable standards both in terms of numbers and .distance
between them. It is recommended that the request be denied.
*3 Bowman and Bowman, 6.95 acres, seeking commercial potential on
property along Atlantic Avenue, west of Markland Lane, which is
designated as medium to medium-high residential.
Staff position: This property is west of the City's
planning area and will not be served by City water or sewer
systems. The shape of the property (300' frontage by
1,000'depth) is not appropriate for commercial usage. The
proposed designation is inconsistent with existing
residential which adjoin the property, is inconsistent with
existing agricultural property which adjoin the property, is
inconsistent with the City's land use map designations to
the east (and adjoining). The request continues the
commercialization of the Military and Atlantic intersection
which has the highest incidence of accidents in this portion
of the County. Approval of the request is a major
modification to the County Plan which currently places the
westward extent of commercial use at Markland Lane; thus, it
should be granted only upon review and analysis of similarly
situated parcels both individually and cumUlatively. It is
recommended that the request be denied.
To: planning and Zoning Board
Re: Agenda Item IV.C.
Meeting of County Plan Amendments, 1988-1
Page 3
*4 Flohr and Flohr, 1.2 acres, seeking conunercial potential on
property designated as medium to medium-high residential.
Property is located on A-1-A at the south City limits.
Staff position: There are no conunercial land use
designations or conunercial zoning designations on Barrier
Island (City area east of the Intracoastal) nor in Highland
Beach. Thus, this request would be out of character and
inappropriate. It would constitute "spot planning" (7).
Further, the property is contiguous to the City and is an
enclave. Pursuant to the "Delray Beach Enclave Act" it is
anticipated that this parcel will be annexed prior to July
1, 1988. An expansion of water service (i.e., a new
structure) would require execution of a water service
agreement, and hence, annexation to the City along with City
zoning and land use control. It appears inappropriate for
the proposal to continue with the Plan amendment process'
through the County. It is reconunended that the County fin~
it inappropriate to continue with the processing and that
the request be referred to the City; or if that course of
action is not available that the request be denied based
upon incompatibility with existing plan designations and
that it would result in the application of spot zoning at
such time that a zoning petition would be forthcominq.
ALTERNATIVE ACTIONS:
1. Forward a reconunendation of concurrence with the staff
positions as stated above.
2. Forward a reconunendation of general concurrence with the
staff positions and add additional conunents.
3.. Review each item individually and make a specific
reconunendation on each.
RECOMMENDED ACTION:
As the above are matters of the application of planning policy,
an overall reconunendation is not provided. The staff position on
each item is identified in the individual analyses.
Attachment:
- County correspondence of December 11, 1987
REF/DJK*ll/B:COUNTY.TXT
Ji'1.; (. .....
I::f v-.
DEe 2f~ lJ
CITy 1 1981
MIjNIIG~f?'
- S n(:r:l
Palm B.acb Coun~y ~. pre.en~ly rev~ev~ng a number o~ pr~va~e . C[
appl~ca~~on. ~ba~ ...k ~o amend ~he Coun~y's Compr.hens~ve Plan.
Eacb appl~can~ ~. r.qu..~~ng an ~ncrease ~n dens~~y or ~ntens~ty
~n land u.. by the grant~ng o~ a h~gher den.~ty re.~den~~al
category d..~gnat~on. or e~th.r comm.rc~al or ~ndustr~al
pot.nt:l.al.
...~i t'\. kobeL, "'- ....
el;'neth M. Adams, Vice Chair..-.....
aren T: Marcus
ar';l J. Elmquist
orothy Wilken
( l].l..
December 11, 1987
Attent~on:
Mun~c~pal O~~:l.c:l.al
~
fJ.JJ.S'JrltJ
Department or Planning. Z.Jning lIr. Building
u
John A lehner
Executive lJireclor
In k..p~ng v:l.tb ~b. Intergovernmental Coord~nat~on Elemen~ o~ the
Compreben.~ve Plan. tb~. o~~:l.ce ~s prov~d~ng you v:l.tb a copy o~
any appl:l.cat:l.on vb~cb :l.nvolves a property tbat :l.s located v~th~n
one m:l.l. o~ your mun:l.c:l.pal boundary.
,Tbe pr:l.vate appl~cat:l.ons v~ll ~~r.t be b.ard by the Palm Beach
~ounty Land Use Adv~.ory Board on February 4. 10. 17. 1988, and
on Marcb 2. 9. 16. 1988. Tbe Board o~ County Comm~ss~onerB
.~tt~ng as tbe Loc.l Plann~ng Agency v~ll then bold a publ~c
bear~ng at 9130 ..... Apr:l.l 11. 1988. at the Jane Thompson
Memor~al Chambers. 6th Floor. Governmental Center, 301 North
Ol~ve Avenue. West Palm Beach, ~n accordance v~th the
requ~rements o~ Chapter 163, F.S. to hear and consider
mod~~~cat~ons to Ordinance 80-a, Comprehens~ve Plan ~or Palm
Beach County.
At the Land Use Adv~sory Board meetings and the Local Plann~ng
Agency public hear~ng. a mun~c~pal~ty vill have an opportunity to
prov~de comments on an amendment request. You v~ll be ~n~ormed
~n the ~uture as to exactly vh~ch date an appl~cat~on v~ll be
beard by the Land U.e Advisory Board as soon as an agenda is
ava~lable.
S~ncerely.
5JI
-
Stan Red~ck
Plann~ng Director
SR:BF:j~
FILE: J4\PLANAHEN
;Attachment
<\91-
V.J,().~ \
\.'/;\I
"OV
3400 BELVEDERE ROAD. WEST PALM BEACH, FLORIDA 33406 . (305) 471-3520
Ct'
"-
.",~".:itll:;NT
APPLICATION FORM
1967
::IF .3 ($
date received October 29. 1987
;fee received ~ 7F;0 00
($750 plus $10 per acre
to a ma~imum o;f $1,500)
1.
GENERAL INFORMATION.
(provide attachments as necessary)
ProDertv Owner(s). Titcomb, James & Frances
Namel
Titcomb, James & Frances
Address. 3045 Pine Tree Lane
Phon...
Boynton Beach, Florida 33435
Work 734-5447, Home 734-9528
Author~zed Aaent.
(notar~zed consent ;form requ~red)
Name.
Address.
xxxxxxxxxxxx none xxxxxxxxxxxxx
Phone I
II
jojo
II. TYPE OF REQUEST. (check appropriate request(s) and provide
comments ~;f necessary)
XXX Commerc~al Potential for Commercial Art Studio.
Industrial Potential
Res~dent~al Land Use Category Change
(;from to
)
Other (descr~be the type and extent o;f request)
III. DESCRIPTION OF PROPERTY. (provide a plot plan o;f property
showing con;figurat~on and dimensions)
Legal Descript~nl
Lots 70 & 71 (now 70) of amended Plat of Trade
Winds Estates, according to the plat thereof,
as recorded in Plat Book 21, page 73 of the
Public Records of Palm Beach County.
General Location I
Size in AcreSI
The last lot of a county pocket located at 3842
North Old Dixie Highway on the Boynton Beach town
line approximately 300 feet west of U.S.Highway I.
Size: 1/5 acre or 8102 square feet.
i i
Existing Land Usel
Existing Zoningl The existing use has been our home with my studio
art business as a home office for six years.
Land Use Plan CategorYI
Existing zoning is RM
Land Use Plan Ca tegory is: Low To M eel; u.....
!':.;. .
. .~, .
.,
....J.' :
'.
.:",'
....
.
,"
....
I.
'.
-..
,.;..10'
SIrE
2,' fJc..
-q-
j~
.'
::~
::~
::,:
::,.
~':l:
.:f.
,Q~:l.: :
:. .
..
"
, ' :/:
ORD, NO.ft4'2,7 ~/:
19U(l6" _ 't=r
--...
..,.
, ::.;
::!.
.l
\1;:1
iii.;. :
.'
~J::.
:::
"
."
.'
.
....
.....
.....:
1-
.
.
........
^
U
"I I
~~ .
.-ON
.'
.
---=
\CH
!
,
"
,.'
.'
If
II
-"0
.u....
RM
ITIIInrn9
~S
.:.:::::::::::::::::.:.:.:.:.:.:.:.:.:.....:.:.:.:.:...
. ..... ... ..... ..t.......
!~ ....T...:.:.:......:...:...:.....
..................................,..
.. .....\!.\.
.1' SCH~#lf#g:
!~ nl1.::;:
,.
>.
,
t
~
..
.
.
"
.'
.'
.'
.'
.'
.'
.'
.
.
.'
.'
:.:.
....
~!j c-; ~~... (
..... ""_ .o"..L
..... '-
..... ".
.:.:.
..... n
::::: ).
i~i~: /@ co ,,:':~'~f' /
:::: ..1/ '"
:::: ,~~ ....
:f':~r:.. 11-. ----......J l'
T;-fc.,_ "
..
~
38'
r
#- 3c;
COMPREHENSIVE PLAN AMENDMENT
APPLICATION FORM
(1987)
I .
GENERAL INFORMATION.
fee received
($750 plus $10 per acre
to a maximum of $1,500)
(Provide attachments as necessary)
Property Owner(s)
Name:
Harold R. Evans' Louis J; carusillo
Address: 4331 Westover Place N.W.
Washington, D.C. 20016
Authorized Agent.
(Notarized Consent Form Required)
Name:
Robert Basehart/Urban Design Studio
Address: 2000 Palm Beach Lakes Boulevard
Suite 600
West Palm Beach, Fl 33409
Phone: 689-0066
I'
H
II.
TYPE OF REQUEST. (Check appropriate request(s) and provide
comments if necessary)
X Commercial Potential
Industrial Potential
Residential Land Use Plan Category Change
(from to )
Other (describe the type and extent of request)
III. DESCRIPTION OF PROPERTY. (provide a plot plan of property
showing configuration and dimensions)
Legal Description: See attached legal description
General Location: Property is located 700 feet south of the
intersection of West Atlantic Avenue and Military Trail, on
the west side of Military Trail
Size in Acres: 4.06 acres
Existing Land Use: Property is vacant
Existing Zoning: AR (Agricultural Residential)
ii Land Use Plan Category: Medium to Medium High Density
Residential
18:16199.00 4
l
R
W1_I~W?tf8 l:C~'='~"-
~j~r/}~: /. ~~ ~~ -- ---;;-;J. --
--.: -.:.-';: '/m~ ~ // -';/J;~/i ~"-.,-.~~':~
. ':P f</v'W~ ~ /: /.(. ~ ,. .r, 1.:'~
RM
.'~~r~ '~ 'X/7 . fM;// '~/ ~/: ~~~i~: N' ~
~~~;* ,:// ~~~ -W) Wp~//:/,'7~/:~,/ ~.. ~ .
iW~.' ~~?a ;, ~//'~~ ~'// 'l//.'// /:'/.1/' 'l~~'!1~ ~I:/:( . '"
'W ' ''/ %;~ ' Y//fi.., '@'~ :"- -
· C( 1'" /' ''?.m . I'//~:lj Y/~ ':J'll ~ q,~'^'
.,....~. / ~~ . 1~~Kd ~. '/ ~~:/ ~
: ; '. ~u '/ cGlre f/@'// 1'/ % : SE .~ /: iJ~ "/': :2 ~ .' ~6 ~~ '''lW/}
. :. '. i!:! ,7.#'//.'.[/ z~/;t0 ~ '.1'" . /: . ,. '/' ~
..... ~ n y. ~~;!~~l~ @/./. ~ -0 ,: ~l' ~~/~
'm'. "".;,. ~;.~;.C7 ~ A ~. ~ 'l 'I' ~ ~ 8:! ~ ~.. ..
..u_.~ u._., ?';;~~j', ~ ~t,~ y; " "'i.'/: '/////:.
...... J ...... 0~(/"" ;-V.~d ,~; ...!./ ///"./LJ. I
.....t......;a~'"" '
: .... : .U. .H, . S'TI! -Jl ~lJ:- ' ~"" - .:......r .
~ I :..... i ,. .". : 11., lie:. I 1 ~ ':e
-r ;.........~. AR ! 24-Z, l ~~
. ... . ... .', -0;0'.... "--.~. J.' :
. .: "~/A-.:;:;;:li~'~ li--- .,. ..~rJ~1
~.
I .- '1""'1'" .. .,
~
...... ...~::~M.~~:
COUI\ITAV Ct.ut IlcRES
;.
~'''"'
;~ 2'1-35
A-I
f'.-O
;t
;~
.'an""
.J
...
<<
I~
....J... ..
~
.-. ..'- . .
2"-32.
THE
HtlMLET
... I:HTr..~'.::~
-...
... -::::
:)-
'it
I :'=
;):\ It
\) .J
\l -
~ ~
~
~.I(rA
-::
LA"-
IOU" R "."0
. 24 -J6t
. .i,G...'"'O n
t:lIVItl."H~ "'OAD I
:,~;: ~ """'~ ~L,";~~;"" ";'"'r'~ In'~';'~ ~':If'
DELRAY
Q:
,v)
E va"s / C a rv.s; 110
39.
I
'.J'
..
~l.
.,.
:tt
'"
"
.,.
!i:
~~
I~~.
'.,
'.
'.
,I
'j'
;.:
.,
-;!":
;S
.,
.~
t
"
. .:~:.
,
!t
,.
"
l..<.ltlPREIIENSIVE PLAN AMENDHENT
'APPLICATION rORH
1987
#If/
date received 1.-%~-67
ProDertv OwnerCs)
fee received ./;tPZ.4
($750 plus $10 per acre
to a maximum of $1,500)
I.
GBHBRALIHPORHATIOH.
PrODeEtv Owner(sl.
.Hame: William B. BOwma~ and
Address: Route 11, Box 29 .
Delray Beach, Plorlda
Phone: 499-3305
,
'.
.
,
James Bowman
33U6
Authorized Aaent
Hame: Kieran J. Kilday, Kilday & Associates
Address: 1551 Porum Place, Suite 100A
West Palm Beach, Plorida 33401
Phone: 689-5522
II. TYPB OF REOUBST.
x
Co.-ercial Potential
Industrial Potential
Residential Land Use Category Change
(from to
Other (describe the type and extent of
~
I
.
\:
I
)
request)
III. DESCRIPTION OF PROPBRTY.
configuration and dimensions
applicatlon)
(Plot
in
property showing
section of this
plan of
Bxhlblts
Leaal DescrlDtlon: Lots 15, 16, 17, 18, 19, 20, 21, and 22,
BREBZY ACRBS SUBDIVISION, according to the plat thereof on file
In the office of the Clerk of the Circuit Court In and for Palm
Beach County, Plorlda, recorded in Plat Book 20, page 79.
General Location: The southwest corner of the intersection of
Atlantic Avenue and Harkland Lane.
J
,
r. Size in Acres: 6.95 acres,
~. ,
,
"f:
~.
.,
Ii,
'1
;:
.t,
t
Exlstlna Land Use: The site currently supports a mixture of
residential and undeveloped land use.
Rxlstlna Zonina:
Aft-Agricultural Residential Zoning District
Land Use Plan CateDorv: Hedium
Residential Plan Category
to
,Hedium
Density
High
1
,
--..1_,............ ,.,
~ ".1$.".1'
.. ,......,
I! .,ISOIO.
f' RM/SE
.
.. ......
..
S 'f
..:
'b .
.
""":-'~ ."....;'
.. .
: I
14.
2
RM
. .".
to.
/
(D
AR "- 4 ( I'ir
. Q:
I I AR 24 -
...... . 5
.
:..... . c. .,-.
. :/
.
D"'l . " - .
.
---
,
, ,
,
\ I'lU 21 -35
A , ".
,
, s,: 2~ - 32-
__..J :~ L A"'_ IOll'-t: "ARO -
-.
-
nIT C:.I::L-.- '.:."
(.
=tiM
..
-[Rs
Bowman
I
.
~
,
24 -36
'. .
,
A Ill" '"
.
'r
Iff.
'j,-a:. i'~i:..:.H~''J:::' .. .':':':NL>liEN
APPLICATION FORn
1987
=#= 'f-~
f.... r..c..ived ~ "S'
($750 plus $10 per acre
to a maKimum of $1,5001
date received 10-30-l/-,
1.
GENERAL INFORMATION.
(provide attachments as neceasary)
Procertv Ovner(s). Cote d'Azure Beach Front Resort
2325 S Ocean Blvd., Delray Beach,
Namel Jeno Flohr and Anna Flohr
278-2646
Fla. 33483
Address I Mark 70 Condominium, Suite 506, cherry-::Hill, N.J. 03034
Phone I (609)795-1594
Authorized Aaent.
(notar~zed consent form required)
Name I NASH, SCHWARTZ AND ASSOCIATES, INC.
Address I 835 SE 8th Avenue, Palm Plaza
Deer~ieldBeach, Florida 33441
Phone: (305)426-1290
I
~
II. TYPE OF REQUEST. (check appropriate request(sl and provide
comments if necessary 1
1(
Commercial Potential
Industrial Potential
Residential Land Use Category Change
(~rom Rp~inpn~i~l to ~nmm~r~i~l
)
Other (describe the type and "Ktent of request)
III. DESCRIPTION OF PROPERTY. (provide a plot plan of property
showing configuration and dimensions 1
The South 100 Ft. of the North ~ of Sec.28,
Legal Descript~on:Township 46 South, Range 43 East lying West of
Atlantic Ocean and East of the East Right-Of-Way line of the intra-
coastal waterway less that portion dedicated to State Road AlA, Palm
General Location: Beach County, Florida.
2325 S Ocean Blvd., Delray Beacn,-Florida _ South of Linton Blvd.
on State Road A-l-A (Ocean Blvd.) adjacent to Dogwood Drive.
Size in Acres:
1.2 Acres
EKisting Land Use:
Residential - MultiFamily
EKisting Zoning:
Land Use Plan Category:
RI-I - Residential Medium
Iledium to ~Iedium Iligh Density
.
'. DELRAy
'.~ =BEACH
:lAA'Y ::.
!,ACH .::
. .
o G. Hit.. ;:
./8/62 1~
H-37 ~: .
'. -
:.JS
... 1311
" 11":"
...
,
. -.
A
......., .~ C","""AL
J~T"'" ...cAN. C...""....
A ,
~...~Jr
r. .6 ,,-A4/41-
.. A
-(:.>1 ". C.
_ :261
A 4
A ,
!' ...
Z4.~"~
JII6IDAeJ
.
I
.
.
.
.
.
'''''''14 4
II,""'NI
PI
AIV
C"""A"
2:J-/48
, .
....
..'
..'
....
\:. :~~.;~}.:::.:i.:.:,~.:.:.:.:.i.~
':'., :8~;.:J:::::::i:
';'; -::::;::::::.
;: ..............
.,
,J
LU
U
0'
.,
.,
:.
:.,
4' /S'TE
0:: ~.-; 7~- 1.2.. R(,.
s~~ I.'''S
.J
IITLllltlTlc
.
Oc,ellrJ
\{;i;;
',.-
Flol,r
1f3.
_c.,,"_
..-
.-::;
j!t
[IT' DF DELAA' BEA[H
CITY AnORNEY'S OFFICE JIUS.I. hI STREU. SlJTr4
~.
. ..
y'.','.
DURAY BEACH. FLORIDA 33483
3051243-7090
MEMORANDUM
From:
February 4, 1988
City Cormnission ~Jf't.
Jeffrey S. Kurtz, Assistant City Attorney II
Water Treatment Plant Expansion/Land Acquisition
Date:
To:
Subject:
Pursuant to Resolution No. 33-87, which authorized the City
Attorney's Office to enter into negotiations for the acquisi-
tion of lots adj acent to the City's Water Treatment Plant
needed for the expansion of the Plant, and the Cormnission' s; t
workshop meeting of August 18, 1987 wherein relocation policies .
were established for persons displaced by a city acquisition. of~
land, the law offices of James W. Vance, P.A. have negotiated'.
the sales of 3 such lots. Attached for the Cormnission' s
acceptance are 3 contracts between the City and owners of Lots
3, 4 and 5 of the NICHOLS SECOND ADDITION, subdivision. The
closing date has been rescheduled from February 1, 1988 to
February 12, 1988. The purchase price and appraisals of the
property are set forth below.
Lot II
3
4
5
Appraised at
Purchase Price
$ 41,000.00
46,500.00
45,500.00
$ 47,000.00
48,000.00
50,000.00
All three of these units were owner occupied, and in accordance
with the cormnission's policy a $500.00 moving allowance has
been added to the purchase price of the property. In addition,
these acquisitions are taking place after being ir,itiated by
the sellers through a real estate agent and therefore a real
estate cormnission of $500.00 per unit is being paid to the real
estate agent by the City. Due to those i terns and the normal
closing costs invol vcd in the acquisition of propert"y, the
Cormnission needs to authorize the issuance of a check payable
to James W. Vance, P.A. Trust Account in the sum of
$150,183.60. Those mvnies will then be disbursed by Mr. Vance
at the time of closing. For your further reference, I have
attached copies of tlJe letter outlining the transaction from
James W. Vance and clJsing statements relative to the 3 acqui-
sitions.
?-/
>\
,
City Commission
February 4, 1988
Page 2
The Shepherds, who are selling the City Lot 3, will need to
rent the property from the City fOllowing closing on February
12. The Shepherds need some time to requalify for a VA
mortgage and therefore the attached residential lease has been
prepared, The period of the lease is for one month with rent
established at $476-.00 per month and may be extended on a
monthly basis thereafter. During the term of the lease, the
tenants will have to secure liability insurance naming the City
as an additional insured.
Should any Commissioner have any questions concerning this
matter, please do not hesitate to contact our office prior to
the regular Commission meeting of February 9, 1988.
JSK:sh
.,
Attachments
.'
cc: Walter Barry, City Manager
David Huddleston, Finance DirectQr
'.i
,
HAND DELIVER"
LAW OFFICES
.JAM!!. W. VANce
WILLIAM 1='. OCNe:V
JAMES W. VANCE, P.A.
SUITE 200. BARRISTERS BUILOING
161!5 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401
TIIL8~NI!
C30SJ ..<4-SSA...
'~'. .
-....,
",;;~;.~~
'\.~.:~' .
February 4, 1988
Mr. Jeffery Kurtz
Assistant City Attorney
310 S.E. 1st Street
Suite 4
Delray Beach, FL. 33483
Re: Closings - City Acquisition of Property for
Waterplant Expansion
Dear Jeff:
Enclosed herewith please find the following:
.f.t
1. Rathburn sale to City (Lot 5, NICHOLS SECOND
ADDITION): Copy of Warranty Deed, original Contract for Sale
and Purchase, original Title Insurance Commitment, and three
(3) settlement statements. The amount due from the City for
this parcel is fifty-one thousand seven hundred sixty-eight
and 40/100 dollars ($51,768.40).
, .
2. Tucker sale to City (Lot 4, NICHOLS SECOND
ADDITION): Copy of Warranty Deed, original Contract for Sale
and PurChase, original Title Insurance Commitment, and three
(3) settlement statements. The amount due from the City for
this parcel is forty-nine thousand seven hundred eleven and
70/100 dollars ($49,711.70).
3. Shepherd sale to City (Lot 3, NICHOLS SECOND
ADDITION): Copy of Warranty Deed, original Contract for Sale
and PurChase, original Title Insurance Commitment, three (3)
settlement statements, and original Residential Lease. The amount
due from the City for this parcel is forty-eight thousand
seven hundred three and 50/100 dollars ($48,703.50).
I have also enclosed for your reference a copy of
a letter appraisal from William W. Branch of Associated Appraiser,
dated January 27, 1988 concerning his opinion as to the values
of each of the above parcels.
\
,
Page 2
February 4, 1988
----------------------------------------------------------------
are scheduled to close each of these transactions
on . 2.". Please have each of the three (3) settlement
stateme lI~fdreach parcel executed and returned to me prior
to that date. Also, please have the residential lease as to
the Shepherd parcel executed and returned to me. I have
retained copies of the contracts and the City may wish to retain
the originals. Also, please have the City issue a check payable
to James W. Vance, .P.A., Trust Account in the sum of one hundred
fifty thousand one hundred eighty-three and 60/100 dollars
($150,183.60). The firm will make all disbursements from that
sum.
I understand that the City Commission will consider
these matters at its February 9 meeting. Please contact me if
you have any questions or require additional information for
this matter.
WPD/sjw
enc.
q
.
.
;.
.r.
?!'
JAMES W. VANCE, P.A.
,,'
~
I
I
i
I
I
CONTRAC"J rut-. '::;A~t: AND pu~..v 'SE
PARTIES: .~~n~~~~~ ~~
:;d ?1 ~~ T,.~ ':r .~r;";;Ao.rn" 1 r",y R~~~< ~i ;'ri ~ 'V,/,/, {Phono
of 1 00 N. TN 1 lit: Avenue, ])p 1 T"y R!'" l'h F1 OM rl" 11M /. {Phono
hereby egret thet the Sell.r.lhen 1111 end Buy.r shall buy the following property ("Property'" upon the following term. and condition. which INCLUDE
Stand.rd. For R.., E.ut. Transaction. lit forth on the reverse side hereof or attached hereto {"Standard!",,}.
J. DESCRIPTION:
(,) Legel dltcf.iption of Property located in
.1"SoIl.
278-0779
. ("SUVE
PAIl1 BFAQf
County. Florida:
u,
Nichols 2nd Addition to Delray Beach, wt 3, together with all
buildings and improverents thereon.
(bl Street add".., iflny. of the Property being conveyed is ?] 1 B tv 7'th ~t-,..PPt: J '[)p 1 r,qy Rp;::!('h J Fl nri n;:! 11/,/,/.
Ie) Penonal property '''Plrsonalty''llncluded: None
(tl),' Special Clause: Buyer shall pay cost of documentary stBll1ls on deed and recording
of deed. Taxes shall be prorated to date of closing.
II.
PURCHASE PRICE: . . . . . . . . . . .
PAYMENT:
Ii) Deposit'.) to be held In escrow by
. . . . . . . . , . . , . . . . . , . . , ,
............$
47 000 ()()
nJ~
"
.
in the amount of
............$
(bl Subject to AND I.,umptlon of Mortgage in favor of n /,q
having an approximate present principal balance of . . . . . . . $
(~) Purch.",monav mortgage and note bearing interest at n /,q % on terms set forth herein below, in the
prlnclpa' amount of .. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . ,. ......... . S
{dl Othor TIt" $
(a) Balancltoclose. (U,S.c.sh, LOCALLY DRAWN certified or cashier's check)subject to adjustmentsandprorationl . $ 6.7 J nnn nn
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EX~CUTION communicated in writ!"!
telegrephlcelly between the partiel on or before ] 2 /30/87 , the aforesaid deposit(s) shall be, at option of Buyer, returned to Bl
and the offer wlthdrewn and null and void. The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer ha. .Igned this offer.
IV. FINANCING:
(a) If the purcha.a price or any part thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned u.
the Buyer obtail1lng a firm commitment for l8id loan within ~days from Effective Date, at an interest rate not to exceed ,,: term of
yea,,; and In the prinCipal amount of $ . Buyer will make application within_ davs from Effective Date, and use reasonl
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
(b) TheeXlsting mortgage described in Paragraph Ilfb) above has (CHECK (1 ) or (21): (1) oa variable interest rate OR (2) Oa fixed Interlltrateof n/ a
per annum, At time of title transfer some fixed interest rates are Subject to increase. If increased, the rate shall not exceed "per annum. St
.hall, wlthln_ days from Effective Date, furnish a statement from all mortgagee. stating principal balance., method of payment, interest rate
statu. of mortgage.. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the m..;rtgagee for auumptlon. then SelJer I
promptly obtain and d.lIver to Buyer all required applications and Buyer shall diligently complete and r.turn 'l/.me to the mortglgee. Any mortgl
charge not to excaed $ shall be paid 1/2 by Seller and 1/2 by Buyer, If the Buyer is not acclltpted by mongage. or the requireml
for auumptlon are not In accordance with the terms of the Contract or mortgagee makes a charge in exce., of theltlted amount, Seller or Buyer r
rescind thl. Contrect by prompt written notice to the other party unless either party electl to pay any increallln Int.rest rat. or exce.. mortgage cha
The amount of eny escrow deposits held by mortgagee shall bll crediJJd to s~er at clff.ing.
p ouyer uvElr s
v. T.ITLE EVIDENCE: Wlthin--20...-days from Effective Date, S&UlH" shall, at 4Hre,..s expense, deliver to Buyer or Buyer'. attorney, In accordance v
Stondord A. {CHECK {II 0' 1211: 111 0 abstract of title OR 12} IIlI title in,urance commltmont with fee ownor$ ;if' pOlicy rremlum to bo pold bV ~EfrCIO'
VI. C~OSING DATE: Thlll,an,action ,hall be closed and the deed and other closing popors dellvored onJgr e Old~Of FebT'l''''QT 19 . un
extended by other provisions of the Contract. . _
.
VII. RESTRICTIONS: EASEMENTS: LIMITATIONS: The Buyer shall take title subject to: zoning, restrictions, prohibiti'4'. and other requirements imposee
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision: public uti.;}ty easements of record (easements
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines end..7}i. ....t in width IS to the side lines, un
otherwise .peclfled herein); taxes for year of closing and subsequent years; assumed mortgages and purChase money mortgag.;.....if any; ot.her:
., those of oublic record -_: p,ovlded. however. that tt
exists at closing no vlol.~tlon of the foregOing and same does not prevent use of the Property for residE!ntial purpOSE
V 111.pCC!JPANCY: Seller represents that thera are no parties in vccurancy other tha:; Seller, bLt if Property is intend&!t ta13e, rented or Occupied beyond clos
the fact and terms thereOf Ihal.l be stat.d herein, and the tenant(s) shall be disclosad pursuant to Stanc4'!rd F. Seller agretr' t~.:d.liver occlJpancy of Property at t
of closing unless otherwise .tated herein. If occupancy is to be delivered prior to closing, Buy~r assumes all risk of 10SiO to'!roperty and PersonaltY from dati
occupancy, shall:be re.ponsible and liable for maintenance thereof from said date, and shaH be deemed to have acc'Pte~ the Property .nd Personalty in tl
eXisting condition liS of time of taking occupancy unless otherwise stated herein or in separate writing. "
IX. ASSIGNABILITY: (CHECK (11 or(2)): Buyer (1):Z may assign OR (2) 0 may not assign, Contract.
X. TYPEWRf'TTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control
printed 'provl~ion. of Contract in conflict therewith.
XI. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider shall be attached hereto and made part hereof.
XII. SPECIAL CLAUSES: {utilize space belowl
THIS IS INTENDED TO SE A LEGALLY SINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED SY THE FLORiDA ASSOCiATION OF REALTORS AND THE FLORIDA BAR.
Approvsl doe, not con,titute en opinion thet any of the term, end conditions in this Contrect should be accepted by the pertie, in e pertlcu/er transaction. Ter
end conditions ,hould be negotillte(} be,ed upon the respective interests, objectives and bargelnlng position, of 111/ Interested pef$ons.
Copyright 1985 by The Florida Bar and the Florida Association of REALTORS, Inc.
-----------
-----------
Executed by Buyer on
.2Y-ev
7:
:::;:
~::
f;.:
~
;..-
~.
:<'5
/{j7
[~'.:';':~
{~,~:;:,~,-~,,~:,
" t;~:::~~/?.
7:-:
f::
;::-.
if
i':
f
[:
Z-.
~
f
-,J
....,'------.--
(
I
.
~1J..r~~.c.,..b
,'-] {~ 7' T"'~ (Buyer!
(Buyer)
Executed by Seller on
,_~;)C~~
:{~~r;~
(SOller)
Depo,it(d u~der Paragraph" received; If other than cash, then subject to clearance.
"
.,
sv:
(Escrow Agent)
BROKER'S FEE: (CHECK ,; COMP~ETE THE ONE APP~ICAS~E)
'1llI !IF A ~ISTING AGREEMENT IS CURRENT~Y IN EFFECTI:
Seller: 'gr... to pav the Srokar namad balow in'ctudin '
OR ~:' ' ,g cooperating sub-agents named, according to the terml of an exi'ting, sep,ratelistlng agreement;
III !IF NO ~ISTlNG AGREEMENT IS CURRENTLY IN EFFECT):
3uyer ~ .'gre... to pav the Sroker named below, at time of closing, from the disbursements of the
ONLY ONE,_" of,groll purchase price OR $ 500 00' proceeds of sate, compensa~l~n In tl'le amount offCOMPLET
purchase pursuant to thl foregoing C t I I'l - - -- , for Broker's services in effecting the I b II d'
provided, ,hall be paid to the Sroker,o~.':~I~' c~n~i:e ev:nt ~uyer fails ,to pe~for":, and depo,it(s) is retained, 50;: t~er~of nb~~g It BuverdreadV'JWllllng ~nd able t,
transection shall not b, cloaed because of refuse' 0 ~a.tlon 0,' Broker I services Including costs expended by Broker and th ~o, exceeh Ing th Broker I fee abov
out of thil, Contract, concerning the Broker's fee th; p~~ ur,~. 0 Seller to perform, the Seller shall pay said fee in full to Brok:r: a~ca. ad" be paid te:' Seller, If th
, val Ing party shall be entitled to recover reasonable ettol , d n eman . In any litigation arisin
, ' ' ney eel an COItI.
TRAD~' REALlY ASSOC
~firm 0 raker) .
e~l" .0/ ~;:;-/~
authorized ,Ignatory'
(nam. of cooperating .ub-8gent)
,~~p;~,
t3. (Seller) r
~ "4\.)" ~~~PA-cl
SPECIA~ C~Auses: (S, rJ
Rev.1/B5
and-u"pcrit"r;otlfylrig sUpartl.. concerned of such action, a la I I
ltlmi.:thitetofore".dellvered out of .scrow. If a llcen.ed real e.tate br9ker,' the, escrow agent will comply ,with provi.lonl.of ~h~pter ". . ,as . ,<.:, ',C
"'.." . -'" ., ..' , '.. '-'.". - .',.' ,'." "1' '.' ..
th'-'~, ,.~R~f_n~,' "Mftl;)tt~er'!,p,lJ,!"r and, Sel!8{ wherelr'J the.e~qrow.~.9,ent.1s mad,..' pertVby virtue,of act.!"g ~1_8n 'SFrQw ~;~Jnt hef~unl;ier",or ~n.~he event of ar
whlr..t~'.aq'row.-.geiUJ~''''I..d. the subject matter of, thIS escrow, the agent shall ba' e'ntltted to recover- re8l0nab~. attorney', fee .ftd cOlt.1t'curred, said Ie
co.t.',to~'bi'ch._rg"d,lrld 1..llIad. ...court COStl in favor of the prevailing party, All partjes agree that the escrow agent Ihell not be liable to any party cr !
'whonrJb:ivir~f/';';~ciijlfv.ry;tO",Blly.r or 'Seller of Items .ubJect to this escrow. unless such misdelivery shall be due to willful ,breach of,thl. Contract or gross
genc.(itr{~i,p..i:t~O.t:th.".g.nt~"'hl' : . " ",.'. "f,"" '_:.L,.~':':"~';:~',," ,.
','~~~'~!,'?f~'~1t"C:i. , .:.~',H'" '
R',,::"',,'~:~~:rTQ8Nl:.Y' F,'EES; COSTS: In connection with any litigation arising outof this Contract, the prevailing party shall be entitled to recover reasonable aHe
. , fe8l:,~d cOit,,-1 , ~. ;".
, ,', ;'. ~ '
S. -~-:,FAILURE 9FPERFOAMANCE: If Buyer fails to perform this Contract .....ithin the time speclfied,f1ncluding.payment of.1l depollts hereunder), t
Poslt(~),:pa,I,d b~*h,~,~~~y..r::m8;Y":b'e,:te,tainedr,bV,()r'fOr the account"of Seller as liquidated dama,ges, consideratl,on for the execution of thl, ~ntract and in full
m~n~ ot'll1V dl~~.[II; ~p.~~upqn 'Buytlr'a.nd ~~I.ler Mall be relie~ed of all. obligations, ':Inder the Gantract; or Sell~f" at ~11.r's option, may proceed at la..... or in
toet'llo.'l:e:S,lhlfl,legal,trlghts under this Contract. If, for any reason other than failure of Seller to make Seller's tltla merketable after diligent effort, Selle
negiict. a"''' refu,e. to p~.rform thi, Contrect. the Buyer may seek specific performance or elect to receive the return of ,Buy,,', depo,it(.) without thereby v
. 8nV",!!;tl0rffo'r~dimioe.-r..ultlng fror:n Seller', breach, '" 1 '.." , "
.'lii~~<;<l~J1(l\,..
"~ ~::~.~~~.N'T.R*~T;~'Ofr,~ECOF(C!~BLE: PERSONS. BOUND; NOTIC~: Neither thr. Contract nor any notice thereof ~hall be recorded In any public record
,~, ~ 'l ~dH~~c~U.6.1.~"btn,!~and, ~nure ,t,o t,~e,b,en~flt of t~e parties 'heret<<;' and theIr .uccessors in interest. Whenever the context permits. .Ingular ,hell Include plutal a
. I" . g."d.tlti"i~~l:s~lU:'Notlc. grutn'bv or to the i1ttornev for eny party .ha" 'be as eff..c~lve a,lf given by or to said party, ~"
I
.1
B. Type of Loen
e. FII. Numb.,
7. toen Numb.r
8. Mort,q. Snsur.nu c... Numb...
1. [J FHA
4. [J VA
2. 0 FmHA 3. Q Cony. Unin,.
5. 0 Cony. In..
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "(p. o. c.)" were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
:' . ;!IQlIIlIlWHl:.CI'lY OF DELRAY BEACH, FlORIDA
....~"'.:I-~;< .,. '., ',. ,.:i\L ,.';/.>>"pj):;~;'''~;~\~'
jJ;"'"....r-., ~".'., ....:J...~.....~,.".,~.~&>..,.h'-,O..t,.~.4.,;~,llJj,~....._~.
E. NAME AND ADDRESS OF SELLER: mGIEL SHEPHERD, JR. & BElTY JEAN SHEPHERD, his wife
213 S.W. 7th Street
. Delray Beach, FL. 33444
,.~" Y',
.1\, "'~;r'il:. ,;.
.......,.;.;
.',~{~-.."~!
G. PROPERTY
LOeA liON:
,;
"f:
213 S.W. 7th Street, Delray Beach, FL.
Ult 3, NICHOLS SEIXND ADDITICN TO DELRAY BEACH
~":'j'-'-'
"';~ W. VANCE, P.A.
1n~21.ro]j]ID.'J:>lace', suite 200.
';t;l'a1mBeach, FL. 33401
February 12, 1988
SUMMARY OF BORROWER'S TRANSACTION
1/
.101, C~nl!!
102. Person.1 pro 811
103. S.ttli' '
,.dfi~'. ~..
:~::~~T
ADJUSTMENTS FOR ITEMS PAID BY SEllER IN ADVANCE:
lQ6.CiiyltPi'i!l'.Ijl~~~( , la,
107. County 18m to
108.. Asijr;m8i_~~~~,,~"; '~.:' to
109.
110.
111.
112.
BUYER:
120. GROSS AMOUNT DUE FROM 1lIIIIIlHIIlII: ~
1,203.50
'0 I
401. Conlr8C1 sal.. prico
402. Personal properlV
403. ~ allowance 500.00
500.00
404.
405. .",: <,~.:,~;j-;;:~. f~i::,:.'
ADJUSTMENTS FOR ITEMS PAID BY SEllER IN ADVANCe'- .
406. CitV/lown tam to
407. Count V taus 10
408. Assessments to
409.
410.
411.
412.
II I I I'
201. Deposit or earnest money
202. I'rln~jp'),i;),~ouni,lr~.wjoanl'l
203. Existing 10.nl.1 taken subjecl 10
204. .,;~jt:;?,,;!4.~'5~~>;'>:
205.
2,06" >,j;:,".,,,,r;;';,;ro:.,,:.: .' ..
'.~-.-..~~~;.>:,,,.,,;.i~'!...
207.
208.;'> .
.., ,'W
209.
ADJUSTMENTS FOR ITEMS UNPAID BY SEllER:
210. Cilvltown lexes 10
.~, 211" c~~'fui;iiFID~fi~~~..2"'. _ to
212. Assessments to
flPf.~<ttf;.~f'!f".;o""'-'"
213. "r)\:~':.~;'ri:~~~:': ',';
214.
215. ~.t:,:':iJ~<~;.':(~~~~.t.-;,. ','..
216.
21 7. <:;I/~ltr,.'f",," ~:;".,
:....~"'>>l<....~~:i....\.
218.
219. ' ".'.. ., '
220. TOTAL PAlO BY/FOR
~: BUYER:
"
II I I I I
501, Excess deposit (see instructions)
502. Settlement cherges 10 seller /line 1400)
503. Existing loanlsl taken subject 10
504. P.voff of first mortg.ge loen SWD
505. Payoff of second mortgage loan Household
506. One (1) nonth rental fee
507.
506.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes 10
511. County laxes 1/1/88 10 2/12/88
512. Assessments to
513.
514.
515.
516.
517.
518.
519.
520. TOTAL REDUCTIONS
IN AMOUNT DUE SEllER:
,--:,".,:-"
43,337.23
3,654.49
,476.00
'.""",
5.00
"'I""
";_'.:.i;
.,
301, Gross amount due from borrower (line 120)
302. Less~mounl paid by/for borrower (line 220)
o '0
601. Gross amount due to seller /line 420)
602. Less tot.1 reductions in amount due seller (line 520)
47,500.00
( 47,472.72
BUYER:
303. CASH (Ul:FROM)(O TO)~: ~ 48,703.50
603. CASH I ~ TO) (0 FROM) SELLER: ~
27.28
HUD.' 13.861
o MORTGAGE FORMS DIVISION '"'03>
800.521.7291 NATIONAL
PAGE I
~
i.;;;;'.;~-....c;,,- '''"li~~,jf~\;:i1ii\
700. TOTAL SALES I BROKER'S COMMISSIOt
BASED ON PRICE
, ,,"'H
SETTLEMENT CHARGES
'.;'~
$
@ %=
PAID FROM
PAID FROM
SElLER'S
FUNDS
AT
SETTLEMENT
B
71K' ,- iltt:lJ..'h.;, ',l:1fl.llnll 'r1.1. ")' "\.'" 1 , ~
>.-..,
i:&~~~.j.""._,,;,,~,,~
FUNDS
AT
SETTLEMENT
.,:, i,";,SOO.; OO>B~
to
~.; L~liL!
';:.t~1~}1}M!I'2X'~D~;,~;:.:~.'tu'f::\1~'~~'. '1,~"~'~ :;~~r:' '~?".j
"~fj
"
..iI,
i~_'''';u
,;'~":,','?'.\<J~.~"
I day
mos. to
~'~':'., -
. . .,....,yrJ..lo..
YIS, to
,\";.ex. '. '''~:'-~~;'~'-i-:'\''\:
II , " ,~~ #,.
months @ $
months @ $
. months @ $
months @ $
months @ $
months @ $
!8i~~~"lJ;~;;",~D:ths :@$
months $
per month
per month
per month
per month
per month
per month
per month
er month
',\"',',,"
10Q1;;;;1r r r
'11.~'~~9\>*J!<:>':".:;.
,'",' . "Aii.;;~\<s\....",.>,
1 004. County property taxes
lQO~~allBll"_Ili~:-;tX,:;. .
1006. Flood Insursncs
11 01. Settlement or closin
aio
1103. Title examination to
:trli~bmi~in~~~>f)':!':'::
,1.1.Q5. oocument~.t.::..;. ." "
;uQ6&~io . ~:,;.C~t.:,;,.!;;i;./:
1107. Attorney's fees to
{includes above items Numbers:
_..".s:w. Vance,
.+~ ". . i::~:', _ ,~.:.-...~, .. i..,
c' .srs."........
'i'.': ;'ill'i ., . . "'" ~.. ~. ".'j'~; ';-_"":
1109. Lender', coverage $
......Ql~dua..-.'ll. . .
JJto. . , g:1iZiioQQ.OO .
1111.
ill
1113.
,r',.
P.A.
" . . ,~~.... ';"J<
~~{:!tlf;.
,If.,,,.,.....),-,,...,."
. " ~,~
J20lc eid1$l&.6.;.6.Q,~: .,' ; Mortgage $
1~.L!.oeed$..... "
j203~'lii~'d't$,,2S8.S0 .
1204.
!fio
; Releases $ 13 . 20
19.80
Mortgage $
; Mortgage $
2S8 "S.O"" ..'!.~'i'Jf..
'. . /',,;.1'~ 1'cr;;;jj'l},.,
~.'.rr~;V:;
\lao. .
;H~~~&.ss.~~~..~~"'.
1304.
.,,-.,-
-..~ :":";(:
1306.
-,,0.,.
1~~~':.:
l]\io6.\~';::(IZP.f:I;~~'+ .
;;':"'~~"i:'; ".,~",;i.h ,:1',"">.'.
~; ,,;:.> ,'.":':. ~_> ::.~,_;O;,Y"~ft~~.r,:: ~,-;::;(.:.T
~\~~ ~, ~...,~~~\:.'!
~{~)tE~~;:'~:;:}i.,:.{
1400. TOTAL SETTLEMENT CHARGES IEnrer on line 103. Secrion J-and-line 502. Section KI ~ 1 2
I hava carefully reviewed the HUO-1 Settlement Statement and to the besl of my knowledge and belief, it is a true and accurale statement of all receipts and disbursements made on my account or by
ma in this transaction. I further certify that J have recaived a,copy of the HUO.l Settlement Statement.
BlOOQli
BUYER - City of Delray Beach
Date:
Seller:
Date:
E:IX;IEL SHEPHERD, JR.
Borrower:
Date:
Seller:
t:SJ:..l.l.r Ju-u-Q" ~!U::.ru...J
Date:
The HUD.1 SelUament Statement which I have prepared is a trua and accurate account of this transaction. I ha~e caused or will cause the funds to be disbursed in accordance with this statement.
Dale:
Settlement Agent:
Oat.:
wn.LIAM P. lXNEY, Esquire
WARNING: It is a crimi to knOWingly make false statements to the Uniled States on this or any other similar form. Penalties upon conviction can includa a tina and imprlsonmlnt. For details leI: Titll
18 U.S. Cadi Section 1001 and Section 1010.
cD le7031
VMP MORTGAGE FORMS
800.521.7291
PAGE 2
!\0Uflt'. ..~, ",:C!,( .viiUU,lilHllunl
Furnished or Unfurnished
RESIDENTIAL LEASE
t-greement (@f rGellSe, m.de thi.
between CITY OF DELRAY BEACH, FIDRIDA
day of
February
.198
.nd ElX3IEI:. SHEPHERD,
h.vingan office orre.iding.t 310 S.E. 1st Street, Delray Beach, Florida
.("!..andlor,
JR. and BEI"IY JF1IN SHEPHERD
213 S.W. 7th Street, Delray Beach,
havin~ an office or re.iding at
PREMISES
TERM
1. Landlord leaaes to Tenant the single family
dweUin....-rtn~ttulll~II~...ul"aJJit&o. Ll... ,",,~all
~.known.. 21~ S.W. 7th Street,
Delray Beach, FL.
Florida, (hereinafter referred to al "Premises") for the term of
one (1) rronth
commencing on the 12th d.y of February
ing on the 12th d.y of March
.19
.1988
88
, and end.
RENT 2. Tenant agrees to pay thE" rent without an)'
ded~~i.'W or prior notice. a. follows: 5476. O'4n
LATE theM'lI6yofFebroary .1988anda
CHARGE limilar.um payablein advanceon thefirstdayof
each month thereafter durinlit' the term, to,ether with any applicable
aalea and use taxealevied upon the uae and occupancy olthe Premises. at
the addreas of Landlord hereinabove set forth or luch other place as
Landlord may desillnate, except that Tenant shaH pay the first monthl}'
in.tallment on the .igninR' hereof. If the monthly payment of rent is not
received by Landlord within ten () 0) days from the date it is due, a "late
charge" olthree (3%) percent of such payment shaH bedue Landlord as
additional rent.
OCCUPANCY 3. The Premi.e. shall be occupied only by Tenant
and Tenant's immediate family for residential
purposes only. The Premlsel may not be used for
illellaJ. immoral, or improper purposes,
DELA Y IN 4. If Landlord is unable to give possesaion of the
DELIVERY OF Premiaes on the date of the commencement of the
POSSESSION term, because the occupant refUleS to give up pos.
lession.or for any other reason, Landlord aha)) not be liable for failure to
deliver poaseasion on said date, but the rent payable hereunder shall bE-
abated until Landlord tenders pouession to Tenant. The termination
date of the Leaae shall not be extended.
SECURITY 5, Tenant has delivered to Landlord the sum of
S Na-tE as lecurity for the (ulland faithful per.
formance by Tenant of the terms hereof, to be
returned to Tenant. without interest, alter Tenant hal Tacated the Pre-
mises and upon the lull performance of the provisiO::l8 of the Lease,
Tenant Ihall not use the security as rent.
ASSIGNMENT 6. Tenant .hall not a..ign the Leue. or Bublet the
AND Premises or any part'thereof, or permit the Pre--
SUBLETI'ING mises or any,part thereof to be used or occupied by
anyone other than Tenant or membera of Tenant's immediate family,
without the prior written consent of Landlord,
REPAIRS 7. Tenant .hall take good care of the Premi.e. and
Landlord's appliances aod fumiahings therein,
. and shall maintain them iu good order and condi.
tion, ordinary wear and tear excepted, Landlord may repair, at the
expense at Tensnt, aU damage or injury to the Prenn.. r,esulting from
the misuae or ne,ligence of Tenant, a member of Tmant's family, or
o+he-p pereon on the premise, with Tenant's conaent. The coat of luch
repairs .hall be paid by Tenant to Landlord 8S additional rent within
five days of rendition of Landlord's bill conceminl'.-ch COlts, There
shall be no aHowance to Tenant and no liability on !he part of Landlord
by realon of inconvenience or annoyance anliug from the making of
any repairs, alteration., a~dition. or improvementa to the Premises or
any portion of ~e building in which the Premises &relocated,
UTILITIES' 8. Tenant agree, to pay for all utilities, including
electricity and telephone consumed by Tenant.
during the term of the Leue. Tenant shall pay
water and sewer chargel and the cost of .arbage anclll'alh collection.
Tenant is responsible for making all arraqementl with the utility com.
panies in Tenant's name. including required depo.ita. for all utility
lervices to be paid for by Tenant. Tenantahan make nasonable provi.
sion. for and .hall pay the co.t of extermination sel"Yic2:,
OBLIGATIONS
OF TENANT
9. (a) Tenant .hall bereaponaiblefll>aAlilWa:Uh'l.
. or all conditionl
created or caused by the negli,tnl or wrongful Bct
{"Tenant
Florida
or omission of Ten ant. 8 member of his family, or other peTson on t
Premises with Tenant's conlent.
(b) Tenant, at all times during the tenancy
SHALL,
CLEAN AND
SANITARY
(i) Keep the Premises clean and sanitary, remo
all garbage in a clean and sanitary manner, a
keep all plumbing fixtures clean and sanitary a
in repair,
USE OF
APPLIANCES
(m Use and operate in a reasonable manner;
electrical. plumbing. I.nitary. !\eating, cookir
ventilating, aiJ'aConditionin, ana other such
"facilities. appliances and equipfDent.
NEIGHBORS
(iii> Conduct him.elf or hersetf. and require
persona on the Premiaes with Tenant'a consent
conduct themselves, in a manner that does r.
unreasonably disturb Tenant's neighbors or ce
sthuu a breach of the peace,
COMPLIANCE
WITH LAW
liv) Comply with .11 preunt .nd future I..
and regulations of Federal. State, County ar
Municipal authoritiea which affect the use 0
occupation of the Premises.
REMOVAL OF
A TI' ACHMENTS
(v) Prior'to the expiration of the Leale. at
Tenant'. own cost and expense. remove any WI
covering or any attachments Tenant may ha
installed.
(c) Tenant, at all times during the tenane
SHALL NOT:
DAMAGE
(i) Destroy, deface, damage or remove any part
the Premises or property therein belonging t
Landlord, or permit any person to do 80,
WASTE
(jj) Commit waste on the Premiaes, or maintain
pennjt to be maintained a nuilance thereon,
UNA UTHORIZED Ciii) Park or Btore .ny vehicleB, boat. ortraile..
PARKING areu not authorized in writing in Landlord f
such use or for Tenant'. use.
CHANGES AND
ALTERATIONS
(iv) Make any change.. alterations or impro'
menta in or 10 the premise. without Landlorc
prior written coneent.
WATER BEDS
(v) Place or keep any water-filled furniture in t
Premiles. except as may be permitted by la,
NO PETS IO,No dog. oranimal. of.ny kind Bhall be kept
or about or on the'Premises without the writto
consent of Landlord, and such consent, if given. ahall be revocable!
Landlord at any time for good. cause. Any violation by Tenant of U
provision ahall be deemed a breach of a ma:.eri&: providon c.: the Lei
and Landlord m.y elect to termin.te thiB Lea.. ba.ed upon BU'
violation.
DEFAULT II. la) If Tenant fails to keep .ny of Tensn'
agreementa mentioned in the Lease, other thl
Tenant', agreement to pay rent.. or if Tenan
engages in objectionable conduct, or if the Premises are damag
because of negligence or misuse by Tenant, a member ol his family
other penon on the Premise. with his consent. then, in anyone or mo
of such events. Landlord may serve upon Tenant the aeven day nati
referred to in Section 83.56 (2), Florid. Statute.. .nd if BUch default
Tenant hal not been cured and conectecl or objectionable condll
Itopped within laid seven day period, then at the end of said seven da)
Landlord may at Landlord's option, either (i) terminate the Lease 1
serving upon Tenant a three day notice at LandJord's election to do I
and upon the expiration oCsaid three day. the Le..eaha)1 terminate a1
Landlord shall retake possenion of the Premises for hi, own account,
(ii) retake possession of the Premiee. for the account of Tenant, w)
shall remain liable to Landlord; and in either eventTenantahalJ give I
the Premilee to Landlord.
~,
'j <.;'~ ,C'.. i;,jjoJ "\.leI" '~d8\.lJt ehall continue thTt'f
day. after the (;iving ofth~ written three c.. otice referred to In Section
83.56(3), Florida Statute., Landlord may 8~ Landlord', option. either 0)
terminate the Lea.e, and retake possession of the Premisel for hi, own
account, or (ii) retake pO'lesaion of the Premise. (or the account of
Tenant, who.hall remain liable to Landlord; and in either event Tenant
Ihallgive up the Premises to Landlord.
DESTRUCTION
OF PREMISES
12. (8) lithe P!'tmille8 are dama,ed or destroyed 80
that the enjoyment of the Premiaes ill
lub.tanti.Uy impaired. then the rent shaJJ be pro.
portionately paid up to time olthe ca.uah:y and thenceforth .hall ceast
until the date when the Premilea have been repaired or re.tored by
Landlord, provided. however. that in the event of such substantial
impairment. Landlord or Tenant shall have the riJrht to terminate the
term oCthe Lease by civin, notice to the other of his exercise of such right
at any time within thirty days after the occurence of such damage or
destruction. Ifthia notice i. riven. the term of the Leue ehall terminate
on the date Ipecified in the notice. (which shall be not more than fifteen
daYI after the livin, of luch notice), a. fuUy and completely 88 if such
date were the date let forth in the Leale for the termination of the Lease.
If. Tenant exerciles the option to terminate the Leue Tenant must
immediately vacate the Premi.e..lfneither party haa given the notice of
termination as herein provided. Landlord Ihall proceed to repair the
Premises, and the Lease Ihall not terminate.
(b) Irth. Premi... .h.ll b. partially damaged or
partially deltroyed, without lubstantial impairment of Tenant'. enjoy.
ment of the Premiln, the damage. .haU be repaired by and at the
expense of Landlord and the rent until .uch repairs are made shall be
apportioned according to the part of the Premises which is usable by
Tenant. Landlord .hall not be liable for any inconvenience or annoy.
ance to Tenant relulting in any way from luch damage or the repair
thereof. If the Premises are partially damaged or partially destroyed as a
result of the wrongful or negligent act of Tenant., a member of Ten ant's
family, or other person on the Premise, with Tenant', consent, thert
shall be no apportionment or abatement of rent.
FEES AND
EXPENSES
13. If T.nant .hall default in the performance of
any provi.ion of the Lease on Tenant's part to be
performed, or if Landlord is required to take any
actiQn to enforce Leaee, orto defend the validity of or interpret the Lease.
then the Landlord IhalJ be entitled 10 recover all C~tB and expenses
incurred thereby, including court COlts and reasonable attorneys' fees.
Such fees and expenles shalJ be deemed to be additional rent hereunder
and shan be paid by Tenant to Landlord within five days or rendition of
a bill to Tenant concerning luch costs and expenses
END OF
TERM
14. At the end ofthetenn, Tenanhhall vacate and
surrender the Premiles to Landlord. broom clean.
and in a8 good condition as they were at the
ABANDONED beginning of the term. ordinary wear and tear.
PROPERTY and damage by fire and the elements excepted.
and -Tenantshall remove all of Tenant', property. AU property. installa.
tions and addition. required to be removed by Tenant at the end of the
term ~yhich remain in the Premises after Tenant haa vacated shall be
considered abandoned by Tenant and, at the option of Landlord. may
either be retained.s Landlord', property or may be removed by Land.
lord. at Tenant'. expenle.
WAIVER OF 15. Landlord and Tenant hereby waive trial by
TRIAL BY jury in any action, proceeding or counterclaim
JURY brought by eith.r party again.t the other pertain.
ing to a.iY matter. whatsoever arising out of or in any way connected
with thl! Lease or Tenant', ule and occupaney of the Premiaes, other
than an action for personal injury.
SPECHL CIAUSES:
__"_.v._ .......~~. .,.... .~.._
ENJOY MEN"'. Tenant psyin, .the rent and performing alj of I
terms. conven and condition, of the Lean on Tenant's part to
performed, Tenant may peaceably quietly enjoy the Premieel
LANDLORD'S 17. Landlord'. right to.nterth.pr.mi....hall
RIGHT OF gov.rn.d by the p.....vi.ion. of Section 83.53,
INSPECTION Florida Statute., it being underotood that hUt
canes or severe warnin" shall con,titute an emergency under IU
Section.
HOLDING lB. If Tenant holds over and continuee in po..
OVER- sian of the Premisel, or any part thereof. after t
DOUBLE RENT expiration of the Le... without Landlord'. p.
mission Landlord may recover double the amount of the rent due for ea.
day Tenant holds over and refulell to surrender posseelion. Such dai
rent shall be computed by dividing the rent for the last month of 1:
Leao. by fifteen.
"AS IS" 19. Tenant hal in,pected the Premises and i
familiar and satiefied with ita present conditio
The takin, of poI,ession of the Premi,el by
Tenant IhaU be conclusive evidence that the
Premiaes were in good and satisfactory condition at the time luch pc
session was taken.
NO WAIVER 20. Th. failure of Landlord or Tenant to take a,
OF LEASE action again.t the oth.r for violation orany oft!
TERMS term. ofth. Le... .hall not prevent a .uboeque,
act of a limBar nature from bein,. violation of the Leale. No act r
agreement to acceptlurrenderofthe premiaes from Tenantahall be val
unle.. in writing .ignecl by Landlord
INTERRUPTION ,21. Interruption or failure of any...rvic. requiT!
OF SERVICE 'to be furni.hed to Tenant by Landlord if due,
cau... beyond Landlord'a control. .hall not entitle Tenant to any allo,
ance or reduction of rent.
NO ORAL
AGREEMENTS
22. The a,reementa contained in the Leaae I'
forth the entire undentandinroftheparties, sha
be binding upon and Iha)) inure to the benefit I
SUCCESSOR the respective heirs, succe.lora, .lIigns and leg,
INTERESTS repre..ntativ.. of the partie. hereto and .hall nJ
be changed or terminated oralb'.
DOMINIUM 23. Tenant acknowledgee receipt of a copy 0
RUL D Rulel and Re,ulationl governing u OCCI
REGULA TIO ancy of condominium uni e recreational
(Delete if lac and theca lumcommonelemenb
Inapplicable) and agree' fully obeerve and comply wit
such rules and regulation any reaso rules and regulations 8
may be ..tabli.h e futur.. THE LEASE E RENTAL 0:
THE PR S ARE SUBJECT TO THE APPRO THI
MINIUM ASSOCIATION. .
NISHED 24. The Pr.mi.e. are rented furni.hed. Te
PRE acknowledges that aU furnishing, med i:
(Delete if the premieee ae of the date he e in good orde
Inapplicable) an Clition, and enant Ihan maintai:
them in such condition, and eha nsible for all damage therete:
Should Tenant discover any ge or tI to the Premises or fUJ
nighings, Tenant aha in twenty-four hou occupancy of th
Premiaes, deli ndlord a written notice thereof. ntory CI
the co of the Premiaes i, annexed hereto and made a part
..
1. 'T.mant may renew this Lease for one (1) additional one (1) rronth tenn for the period of
March 12, 1988 - April 12, 1988, upon the payrrent of rent in the sum of $476.00 on or before
March''l2, 1988. No additional extensions of the tenn of this Lease shall be pennitted.
2. D Iring the entire tenn of this Lease, Tenant shall at Tenant I s expense, have in effect
a poLcy of liability insurance with limits of at least $100,000/occurrence naming t.'1e Cit.y :)f
Delray Bead., Florida, as a narred insured. A certificate of insurance evidencing such coverage
shall be delivered to Landlord at the ti1re of the execution of this Lease and said certificate
shall provide that the policy may not be cancelled without thirty (30) days prior written notice
to Landlord.
Wltne..ed By:
IN 'WITNESS WHEREOF, tIw partie. have executed the Leue 81 of the day and year lint above written.
EDGIEL SHEPHERD, JR.
As Tenant
BEITY JEAN SHEPHERD
for CITY OF DELRAY BEAQl
AI Landlora
-.
.
.
C
./
0
0
0
0
o c,
C
f'" l.
,,I If
'"' It
j
., 11
~
::>
t
t
t
>
~
~UNlRA(;r FDA SALE M' oUACHASE
<1'
PARTIES: GT~ ~ ~
of ~"n:r: :;h ;7r:-to. Tkoh-"y R"",.,h. Flnrirl" ~~!.I.I,
:;d =N~T07 ~::VA=:
h."by Ig". th.. tho Sollor. .hlll ..II Ind Suyor .hlll buy th. fOllowing property ("Prop.rty") upon tho fOllowing torm. Ind condition. which II
Stand.rd. For'Rul Eatlte Tran..ctlon. lit forth on the revers. .ide hereof or attached hereto ("Standard I.)").
6)
(Phone
(Phon.
I. OESCR IPTlON:
(a) Leg.l dlacrlpt/on of Property IOc8t.ed in
PAIN BEACH
County, Florida:
.
Nichols addition 2nd to Delray Beach, Lot 4, Tax ID 12-4346-20-08-000-0040
together with all buildings and :in;>rovemmts thereon
.
(bl S"... Idd"... If Iny. of th. Property being conveyed Is 225 S. W. 7th Street. Delr"\)' Beach. Floricl"
Cc) P,,,onal property ("Personalty'" included: None
(d) Special Clause: Buyer shall pay cost of documentary s~s on deed and recording
of deed. Taxes shall be prorated to date of closing.
II. PURCHASE PRICE: , , , , , , , . , , .
PAYMENT:
ea). Depo.itts' to be held in escrow by
........... .
,..,.""",."., '., ,$
48.000.00
n/a
in the amount of
(b) Subject to AND .lIumption of Mortgage in favor of 11/::1
. ~i, having an approximate pr..ant prinCipal balanc. of , , , , , ,
(eJ Purchase money mortgage and note bearing interest at n/ a % on terms set forth herein below, in the
principal amount of . . . . . . . . . . . . . . . . . . . . . . . . , $
...': (d) Oth.,. n/a $
.('1 Bala.nc. to clo.., IU.s, ca.h. LOCALLY ORAWN certified or ca.hler'. checkl.ubj.ct to adjustm.n" and proration. . $ 48.000.00
III;. TIME FOR ACCEPTANCE: EFFECTIVE OA TE, If this offer I. not executed by all part I... and the FACT OF EXECUTION communlcatad I
t,'ographlcllly bltwa.n the parties on or before 1? !10!?7 , the afore.ald d.po.ltl.) .hall b.. .. option of Suyer. return,
end th"off" wlthd"wn and null and void, Tha date of Contract ("Effective Oato"l shall ba the dete when tho last on. of S."" Ind Suyor ha. .Ignad th
j.V. FINANCING:
(a) If tho purcha.. prlc. or any Part thereof I, to be financed by a third party loan. thl. Contract for Sol. end Purche.. ("Contract"lls condl
th, Suyor obtaining a firm commitment for .ald loan within ~davs from Effective Oate. at a.n Intor,st rato not to axcood %, tern-,
Y'..."nd In tha principal amount of $ , Suyer will maka application within_day. from Effoctlve Oata, and us
dlllg.nc. to obtain said loan, Should Suyer fall to obtain .ame or to walv. Buyer'. rlgh" herounder within ..Idtlm.. "thor party may cancel (
",........,$
.$
'f!";'
I'~ -" .
. .
(b) ThOOxlstlngmortgeg.d..crib.d In Paragraph lI(blabove ha. ICHECK (ll or 1211:(11 Oa varlabl. Intorast reto OR (2) Oa f1x.d Intorost rate of_
per 'nnum. At time of title transfer lome fixed interest rates are subject to increase. If increased, tha rate.hall not excead % per ar
.ha", wlthln_ day. from Eff.ctlv. Oata. furnish a ..atemant from a" mortgage.. stetlng principal balenc.., mlthod of peym.nt, Inte.
"atu. of mortgog... If Suyar he. agroed to a..um. a mortgage which raqulr.. approval of Suyor by tho mortgag.a for l"Umptlon, then
promptly Obllln and d'lIver to Suyer all raqulred application. and Suyer .hall diligently compllt, and "turn ..m. to th, mortgage.. An'
ChIlli' nOt to 'xcood $ shall b. paid 1/2 by S'"'' and' 1/2 by Buyar, If tho Buyer I. not occ.ptod by mortglgoo or the r.
for anumpilon Ire not In aCCordenc. with the tarms of the Con"act or mortgegoo mak.. . challl' in IXc... of tho "etod amount. S.lIer 0'
roeelnd thl. Con"aot by prompt Written notice to tho other party unl... either party al.c" to pay any Incroa.. In Intlro" ra" or exce.. mort
,.. The amount of any tlcrow depo.lta herd by mortgagee sh8rl~e credited to Seller at ~oslng.
'V, .. TiTLE EVIOENCE: Wlthln--.20 day. from Effectlv. Dati. ~ljhall. a13~;!; e~p.n... dallver to Buyor or Suyor'. attorn.y. In acco
Standar~ ". (CHECK (1) or (211: mDlbstract of tit I. DR 12111' title In.uranc. commltm.nt with foo ownb~l!~oIlCY promlum to b. p.ld b"B't~
YI... CLOSIIJG OA TE: Thlltran..ctlon .hall be clo.ed and the deed and oth" clo.ing pap." dallverad o,(~ -==illlf.y of February 19 U'f,
~'ext.nd.~ by,ther provi.lons of the Contract.
'VII. RESTA'CTIONS; EASEMENTS; LIMITATIONS: The Buyer .hall taka titl. subjoct to: zoning. r.."iotlona. Prohibition. Ind oth" roqulrements
governm.nta authority; rostrlctlon. Ind matte" appearing on the plat or otherwl.. common to tho IUbdIYiIion; public utility ....m.nt. of record lea
to b.lce"" contlguou. to the ProPBrty line. and are not more than 10 feet In width a. to the roar or frontlin'..nd 711 foo"n width a..o the ,Id.
~th.rwl.. .p' :lfi.d ha"ln); tJx.. for year of closing and subsequant yea", assumed mortgag.. and purCha.a mon,y mortgeg.., If any; other:
thnl'lE : p;ovlded, how"",
exists at CICls.lgnO violation of the foregOing and same does nOt prevent use of the Property for residential
VIII.DCCUP INCY: S.lIer repre.ents that there are no parties in Occupancy other than S.lIer, but If Prop.rty 1.lntond.d to b. rontld or Occupied bey,
th.'fact and "m. th"eof .hal.1 b.sta"d h"eln. and the teoantlsl shall be dl.closad pureuant to Standard F, S.II" agro.. to d.llver Occupancy of Prop,
of clo.lne un... otherwise stated herein. If Occupancy Is to be delivered prior to clo.lng. SUYer assum.. all rl.k of 10Sl to Prop.rty and Pereon'lty f,
occupancy. ..all be raspon.lbl. and liable for maintenance thereot from .ald data, and shall be deemed to have ocC'P"d tha Property and P",oo,
exl.ting cond tlon as of time of taking occupancy unless otherwise stated herein or in separate writing.
...t'
IX.. ASSIGNABiliTY: (CHECK (1) or (21): Buyer (1 J IE: may assign OR (2) 0 may not assign. Contract.
X.. TYPEWRITTEN DR HANOWRITTEN PROVISIONS, Typaw,itten or handwritten provisions Insertad heroin or attached hereto as add"d, ,c,,,
p~lnted provisIons of Contract in conflict therewith.
XI, INSULATION RIOER: If Contract I, utilized for the sal. of, new re,ldence, the In.ulatlon Rider .hall be attached herlto and mad. part hmo'
;-XII, SPECIAL CLAUSES: (utilize Ipace below)
-----------
'''.1
THIS IS INTENOEO TO BE A LEGALL y BINDING CONTRACT.
IF NOT FULLY UNOERSTDOO. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS SEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLDRIOA BAR.
..'
Approval doa, not con't/tuta an Opi.,'on tnor any of tho torm, and condirion, in rhl, Contract ,ho"'d ba OCC'Ptld by th, Pertlo,ln 0 partiC"'or 'rao""
'1. '. , ~nd conditions should be negotiBt~ based upon the respective interests, ObjeCtives and bargaining POI/tlonl of lJlllntBresttld persons.
Copyright 1985 by The Florida Ber end the Florida Association of REALTORS, Inc.
-----------
c
o
c
(";
('
l~,
(-
(-
(~
(-
.
.~,;
..
'-'
.~
tJ
, r
.
:~.
.
f
a -VI
<:!!!:l "I
-!
..1,;t
.~';~~m~F.::;!j;F-=.-'~=C
~/
/"/
_, 1'..J (.../Rvt
/
~
"-f';/ ...A
- '" '::J 'Y';;~U~':J
.1/. ~
(Buyer)
Executed by Seller on
WITN:~SE~c~mm'nd'd but NOT required)
-{C? :;-/ J~-Y~A~
(!/ l~. ./JJ. .j~0J
(SeUer)
"
(Siller)
Oeposit(a) under Plragraph II received; if other than cash, then subject to clearance.
Sy:
(Escrow Agent)
SRO/<ER'S,FEE: (CHECK & COMP~ETE THE ONE APPLlCAB~EI
Ck liF A ~ISTING AGREEMENT IS CURRENT~y IN EFFECTJ:
Seller IgrllUo PlY the Broker named below, including cooperating sUb-agents named, according to the terms of an existing, seperate listing .greer
OR
il !IF NO ~ISTJNG AGREEMENT IS CURRENTLY IN EFFECTI:
:Buyer 6ef+er agre.. to PlY the Broker named below, at time of closing, from the disbursements of the proceed. of ,.1., comp.n..~lon In the amount of
ONLY ONE)_" of grosa purchase price OR $ 500.00 , for Broker's services in effecting the slle by finding. Buyer ready, willinr
purchlle pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit{s) is retainad, 50" thereof, but not eXCeeding the Brokf
provided, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Brok.r, Ind the blllnclshlll b. paid to
trlnsactlon shall not ~e closed because of refusal or failure of Seifer to perform, the Seller shall pay said f.. in full to Brokar on demand. In any Uti,
out of. this Contract, concerning the Broker's fee, the prevailing party shalf be entitled to recover reason.ble attorney fees and casU. .
.. TRADE"I'1INDS REALlY ASSOC.
~er)
Sy' '/ ~~A~
(authorized signatory) -
'.'
c~71. ,1~
(Seller!
(n,arrie of cooperating sub.agent)
(Seller!
SPECIA~ C~AUSeS:
R.v. 1/S5
Items theretofore delivered O<l.lt of escrow. If '.lic.ensed real estate broker, the escrow.agen~ will comply with prqvi~ions~~~ fj:hlPter 475, F.S. 09B3), as
tht .vent of ~ny suit between'_Buyer and Seller wli~rein the escrow agent Is made a party' by virtue of a~t1ng 1Ii"n escrow a"eot ~,e,reunder,or-.in the ever
lNher~I~)sc;r,~w':"g~ntJinte,r:pllJads the subject'matter of this. .scrow,' the'agent shall be ltntitled to recover reasonable attorney', fee Ind costs incu-rred,
c,O,ltsJ~_ b~ :C".!Irp~q,a!ld a,sS8!l.ed as CO,urt costs in favor of the prevailing party" All parties agree that the escrowegent shill not be Iilble to any par
.whomlOlw'r"fdt' mlsd,lIvery ~o Buyer or Seiler of items subject to this escrow, unless such misdelivery shall b, due to willful breach of this Contrect c
genCllOnthepe.,.,ofthta"en., : ". :, ' :~'" . , . l.:._' '" ~,' ,
",,'
. A. :"ATTOflNEV FEE:~; C JSTS: In connection with any litigation arising out of this Contract, the prevailing party shell b.entltl.dto recover reesonat
fe.. arid costs.
S. " FAILURE OF PERH-RMANCE: If Buyer fails to perform this Contract within the time specified, (including payment of all deposits hereun
p()lit(,)paid by ~hC' Buyer ,ri lY b.a ;f,etained by or for ttle, account of Seller as liquidateddamager, consideration for the execution of this Contract and
ment'of' any clail'fl~;.wl1.~au.j:lm B'uyer and Seller shall be relieved of aO -obligations under the Contract; 0' Stller,ltS,".,', optlon,mlY p'9(:eed at la.....
to enforce Seller'. -Iegai' r(gMt 'under 'th'is Contra~'t, If, for' any re~son other than failure of Seller to make 'Selie'r's title marketablt .fter aillgent eftor1
neglects or refuses to perforr. this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposlt(s) without the
any ac:tlon'"!or-dp'Tlagei-re;.ult1g from Seifer',! breach, '
: I': ~i"'(';; ",_,
',.1 T\.:r;';<"'CQNTRACT'NOT RECOADABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice thereof shall be recorded in any public
Co'ntr~t'sh~iJt'bjnd'end inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits,singular-shall include pi
': g~~~~,~)liln Int;:rud,'all. Notica given by or to the attorney for any party shall be as effective as if given by or to said perty. ,"
., ."-r 'i'.. "
U,,"--.CONVEVANCE:' Seller Ihally9xw8Y tide to, the Property by statutory "':Iarranty,' trustee, personal representative or guardiao,deed, as approl
. I ,. ," " '.
statu, ?t~.ller, Jubject ,qnly _to.mettars .con~8ined in Paragraph V /I hereof and those otherwise accepted by Buyer. Personalty shall, .trequest of Buyer,
By Iln ebsolute bill of sale with warran-tyof title. subject to such matters as mey be otherwise provided for herein.
V: ,~. .OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Saller 'unless ,lncluded in this (
cmodiflcetfonor Change in this Contract shall be valid or binding upon the parties unless in writing end executed by the party or P8rtle~ to be bound thel
,r/Il_~<,:,'
"R.v.~i/85.X
" -'
,
,'~":',:':<~::):,:
f~;,,".,....,,.,..
::-:~.'c.',.,j."/"~ti>:t~,'~''''\'~'~\t:;!~',.;"~-,,,.. ,___ .~"'__
700. TOTAL SALES I BROKER'S COMMISSION
BASED ON PRICE
- ,,:~
$
@
%=
PAID FRDM
'~
FUNDS
AT
SETTLEMENT
PAID FRDM
SElLER'S
FUNDS
AT
SETTLEMENT
.~li~Tfaaewirids c, Realty
to
. o;,:""",,'f,it"'"
"::-.'/.' ):);",_..;:,!:.~:;~;,r!I~
,~,~:,~;r;,.<'
:., ~;l ~- -'0, -; ri
~,."
'-. ...,......,.,;'.
-i.'.... '.,.<
800 ITEMS PAY A8LE IN CONNECTION WITH LOAN.
......~--,.,.--.7.:7~-~ -.....-
I 'illt,. l rrlll, d ,."'" , ,'.w' !" .1.'..... A.
,.C', ~;".-,
tT~:~~~:(r:>:':':,~'?;;,~; \.J..' -Z;~;j~'. ,:::'1":':"~'
~:" ~ ~"'~'~.r'
cW,;;~'}o"';:tt,/';:i,~y.' "~""'~'-' '}::"".;
"",...:c.:"..", .', ..... ..
~P0,11IJitCm f)Q:'}~~hL:~;
~02. MorIga~surance premi~'!I for ,.. mos. to
~Q;r~!llIllJYinifQ_":\'. Vil:~to
904. Flood Insurance Premium for y.s. to
~65. . !I")f,~~.\; '...' "'.
@ $ I day
1000. RESERVES DEPOsiTED WITH LENDER:
I, 00 'mJi1Iiillliliiiii""""'''''''''~'c.' ""'"'.'''''''
'" ",.t: . U[ nCg.H;4..Q;':.~:1..:':'(.~G.-
1002. ae insurance
JQO.3.:t~ ~. .~ti,i'1<~tt~
1004. County property taxes
)OQ.
1006. Flood Insuranca
II!.
1008.
vtril1w{tnUliitJI . \*1:;, -
. months @ $
months @ $
momhs @ $
months @ $
. ...' months @ $
months @ $
~:~>,::: \,:' roo,Qths @ $
months $
per month..,
per month
per month
per month
per month
per month
per month
er month
.."P~ ~.,:~' .!~'~ .~.:.~
l.of,r., \-.j,:,;,',.tl.of,,,
'~'~;:-.'I."'i':;;;-'~
:!...~"'~~"'~~'1:A.::
'.~ ..;(1i.:"t!~~~' :1.~':";
"~..-" ...... ",..,' ..
r.; :.~~,-.- ~'~:d:;:r-: >~
.1"'r1't~ ..:.: ..:",,,,
",:".! ~.~ ::~;.s ~..:~'.
_\.~j>_~'~=: ':--.' ,~~ ..\-~l;
. h, ....":.,. .., H,
". . .....:: ~....... ."....
~~'''~'i.:: !~./~~':~'!;},
.0 _ .........' ... ,~&
I-~ I,' t>.~,t~~~ ~
1101. Settlement or closin
If' ,.
1103. Title examination to
IT {
n,Q5.; Document ~BJaration to "-r-"1'C;O:"'"
1106~~.;\d/~
1107. Attorney's fees to
(includes above items Numbers:
1~~,~~t~C,t~~%it~: Vance,
,.....,."~"....a!lh.
1109. Lender's coverage $
11 f~:ro;;,tw\,!@g~~':;t'~.i,"(~ .
1111.
j ui :;;~;'~)1:}!'
1113.
P.A.
1201~Re"c'Oiilin uSe~eeilJ.II6~60:';;~:',.. . ; Motgage $
.,l,?O}. ~il~/co.,tax I stamps:. 92~(1,. "
12031sl'i1tB \~p'sSlh1!1foeedlt:264. 00
1204.
:'26
; Releases $ 11.10
17.70
; Mortgage $
; Mortgage $
. 264.00
\1.30ltsiii.ve
130?;~2u~."..,.,...,
130.3~,",&:';,'.~~:.
1304.
:a0
'306.
.3,0
~'.: ..',.
""f"_
., .1 '"
" .
""'~..~_......
;;a:'~,i!':::'-'f' .-f., :', ',';-'
.....:'Jl,i;~'u I, t,\\'
W.f,'l'I.t...;r;:..3<..."~'!:l;~m1~l~'. ,'.,';'....!}:,,;
':<tt:"~(>\,,.,,;i:'''~~'il~Z'''; ':, - '.' : .~_; .:\~.
. ,'.-'
.
iS~~;::7{:::~1fd~~mf~:
1400. TOTAL SETTlEMENT CHARGES IEnter on line 103, Section J.and.line 502. Section K) ~
1,211. 70
I have carefuUy reviewed the HUO.' Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or b~
me in this transaction. I further certify that I have received a copy of the HUQ., Settlement Statement.
BUYER
~r:
for City of De1ray Beach
Date:
Seller:
CLINE H. TOCKER
Date:
Borrower:
Dati:
Seller:
Date:
The HUD.1 Settlement Statement which I have prepared is a true and ICcurate account of this transaction. I have caused or will cause the lunds to be disbursed in accordance with this statemen!.
Oala:
Settlement Agent: Dale:
WILLIAM P. lXJNEY, Esquire
WARNING: It i. a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment, For details see: Tille
18 U,S. Code Section 1001 end Section 1010, .
o '87031 VMP MORTGAGE FORMS 800.521.7291
PAGE 2
B. Type of Loan
e. Fill Numb.,
7. lOin Number
8. Mortlillgl Inlurlnel el" Numblr
,. D FHA
4. D VA
2. 0 FmHA 3. a Con.... Unins.
5. 0 Cony. In..
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items merked "(p.o.c.J" were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
~ae.___ BUYER:
.:i-:"3"''':~i:;r'tI'':~J'I,~' .
~Icr':.'.."c
:t.~~\' ,'./~.
E. NAME AND ADDRESS OF SEllER: Cline H.
_'"t',~\.
.?:.....
:;.
'1.
"-'
G. PROPERTY
LOCATION:
225 S.W. 7th Street, Delray Beach, FL. 33444
Lot 4, NICHOLS SECOND ADDITION 'IO DELRAY BElICH
h{"..~
I. SETTLEMENT DATE:
February 1, 1988
SUMMARY OF BORROWER'S TRANSACTION
JQP
102. Personal
',c''"'.:'-" ~rc~"':"
1.,2,h~ I ..~~r..
,:-';:':';~1l!!l ~~1:':
110045.'''~;::,i';''''...,
'. ..'>> ~~,~~:~
ADJUSTMENTS FOR ITEMS PAID BY SellER IN ADVANCE:
10.5...C't~:~'.';"~."'.
.. ...~IlI.11l111WUIllilll:l'~ .... ,-""....
107. County tax.. to
lOa> Assf~irn'~!l;~:~r;; to:
109.
110. ;c~~&.);';.c
Ill.
112. ~/~~;F.,~i:;-'
1,211.70
500.00
I 0
) .~..1i;;: ~9~~!~ft.~,~I~~~.ri~i ..t~~~)j:;;~}l~;:r~\g~:
402. Per.onal property
403. . M.:>Vi.!lg' allcManCe~>
."
500.00
.
404.
405. "
ADJUSTMENTS FOR ITEMS PAID BY SehER IN ADVANCE:'
405. Cityltown tam
407. County laxes
40a. Assessments
409.
410.
411.
412.
to
to
to
420. GROSS AMOUNT DUE TO SELLER:
I . t I I
501. Excess deposit (see instructions)
502. Settlement charges to seller (line 14001
503. Existing loantsl taken subject to
504. Payoff of first ,;,ortgage loan
505. Payoff of second mortgage loan
505.
507.
~08.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town tm, to
511. County tax.. 1/1/88 to 2/12/88
512. Assessments to
513.
514.
515.
516.
517.
SIB.
519.
520. TOTAL REDUCTIONS
IN AMOUNT DUE SELLER:
,.
201. Deposit or earnest money
202. PrinCipfltjjfuQ[~I~!new 10anl.1
203. Existing 10enl.1 taken ,ubject to
204.' .'.[~~ji'~f'::v,;:'"
205.
206. -"jr~~3~".\:::~,~::.
207. .
208";:""'-.a."".."';.',,,,-:
.....;~cJ'.:JR':~ll',iQ,t:.;"
209.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town ta,.. to
211.. ~9.u,illi9F~~lWk t9
212. Assessments 10
213."'i:~,'-"''.':.'-
~A&IIiIf...'~,i..,;i\,J ..i",J, 'J"
214.
21.5.....~~~:~a.t);,..r>,:!.?\'i:S\~.
, " ....,,~. -""..' ..-,f',
215.
'21.7.':I1l.
21B.
. 219.:',~,~.~_,~."l'C',.\":~f'r.~(-.
220. TOTAL PAID BY/FOR
BORROWER:
,.,,,--,..
5.00
.,
301. Gross amount due from borrower (line 120)
302. less:amo~nl:paid by/for borrower Iline 2201
...,.J""""""", _.,'.
49,711.60
none
o '0
501. Gross amount due to seller Iline 4201
602. less total reductions in amount due seller (line 520)
48,500.00
5.00
303. CASH dJ FROMIIO TO~: ~
49,711 . 70
603. CASH I Q TOI 10 FROMI SELLER: ~
48,495.00
HUO.' 13.861
~ MORTGAGE FORMS DIVISION 187031
800.521.7291 NATIONAL
PAGE'
C'~
~
()
c
I'
-
-
-
.
...1-
:::'!.1...-.
".-!,'-!.._If_"
PARTIES: PATRICIA RA1EBU&'1
of "l0"l S \V 7th Street Delray Beach Florida 33444 (Phon.
.nd r.T'T'V OF TlF.T RAY REACH
of 100 N W 1st Avenue Delray Beach. Florida 33444 {Phon.
hereby agree that the Setl., shall .ell and Buyer shall buy the following property ("Property'" upon the following terms and conditions which IN
Standards For R.., estate Tren.actions set forth on the reverse side hereof or attached hereto ("Standard{s'''),
I.
DESCRIPTION:
(a) Legal description of Property located in
PAUl BEACH
County, Florida:
Nichols 2nd Addition to Delray Beach, Lot 5, together with all buildings
and ~rovem=nts thereon.
(bl Stro.t .dd,.... ifany. of the P,op"ty b,ing con"y,d i, 303 S. W. 7th Street, Delrav Beach. Florida
leI Personal property ("Personalty") included: l~one
(d) Special Clause: Buyer shall pay cost of documentary st~s on deed and recording
of deed. Taxes shall be prorated to date of closing.
II. PURCHASE PRICE: . . . , .
PAYMENT:
ea) Deposit Is) to be held in escrow by
~j-.J>T ,} "I
..............$ 4!U8G.QO
n/a
in the amount of
............$
~I
f~
Wi~
~~
Ef
-.
".
R
~
(b) Subject to AND assumption of Mortgage in favor of n/ a
having an approximate present principal balance of . S
lcl Purchase money mortgage and note bearing interest at n/ a % on terms set forth herein below, in the
principal amount of . , . . . . . . . . . . . . . . . . . . . . . . . . $
Idl Other n/a $ 'i:?'1 'J)
(.) Balancetoclos., (U.S. cash, LOCALLY DRAWN certified or cashier'scheck) subject to adjustments and prorations . $ '~R--;-~CJQ on
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicated i
telegraphically between the parties on or before 12/10/R7 , the aforesaid deposit!s) shall be. at OPtion of Buyer, returm
. and the.offer withdrewn and null and void. The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed th
IV. FINANCING:
(al If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is condi
the Buyer obtaining a firm commitment for said loan within ~ days from Effective Date, at an interest rate not to exceed %: tern-
years; and in the principal amount of $ . Buyer will make application within_days from Effective Date, and us
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel (
(b) The existing mortgage described in Paragraph II (bl above has (CHECK (1) or (2)): (1) D. variable interest rate OR (21 Da fixed interest rate of_
per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rete shall not exc~ed % per al
shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances. method of payment, inte
status of mortgag". If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, ther
promptly obtain and del;ver to Buyer all required applications snd Buyer shall diligently complete and return same to the mortgagee, An
charge not to axc:eed $ shafl be paid 1/2 by Seller and 1/2 by Buyer. If the Buyer is not accepted by mortgagee or the r
for assumption are not 10 accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount. Seiler 0
rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase in interest rate or excess mOrl
The amount of any escrow deposits held by mortgagee shall be credited to Seller at clpsing.
V. TITLE EVIDENCE: Within~days from Effective Date~~X~tshal', at~'; e~pense, deliver to Buyer or Buyer's attorney, in arco
Standard A. (CHECK (11 or (2)): (1) 0 abstract of title OR (2) 0 title insura"lce commitment with fee owner's t!fle pOlicy premium to be paid by ~i
VI. CLOSING DATE: This transaction shall be closed and the deed and other dosing papers delivered orlt~f bIggrJiy of Febrtu:l'Y 19 S
extended by other provisions of the Contract. ,
VII. RESTRICTIONS; EASEMENTS; 'LIMIT A TIONS: The Buyer shall take ~itle subject to: zoning, restrictions, p'I'"Ohibitions and other requirements
governmental authority; restrictions and matters appearing on the plat or otkerwise common to the subdivision; public utility easements of record (e;
to be located contiguous to the Property lines and are not more than 1 0 fe~: in width as to the reilr or front lines and 7Y, feet in width as to the side
otherwise specified herein): taxes for year of closing and subsequent years. ass med mortgages and purChase money mortgages, if any; other:
those of public record :P;OV;d'd. how,,,
exists at closing no violation of the foregOing and same does nOt prevent use 0 the Property for residential
VIii. OCCUPANCY: Seiler represents that there are no par,ie~ in occupancy lther than Seller, but if Property is intended to be rented or occupied bey
the fact and terms '~herer:'lf shall be state::! herein. a~d the :enant(s) shall t:g di: :)osed pursuant to Standard F. Seller agrees to deliver occupancy of Prof
of closing unless otherwise stated herein. If occupancy,s to be delivered pri r to closing, Buyer assumes all risk of loss to Property and Personalty f
occupancy, shall be responsible and liable for maintenance thereof from Si id date. and shall be deemed to have accepted the Property and Person
existing condition as of time of taking occupancy unless otherwise stated here' or in separate writing.
IX. ASSIGNABI LITY: (CHECK (1) or (2)): Buyer (1) Xl may assign OR (2} 0 may not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as addenda sha
printed provisions of Contract in conflict therewith.
XI. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider shall be attached hereto and made part hereof.
XII. SPECIAL CLAUSES: (utilize space below)
THIS IS INTENDED TO BE A LEGALL Y BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BeeN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR,
Approval does not constitute an opinion thet eny of the terms and conditions in this Contract should be accepted by th6 parties in II pllrticular rransac
and conditions should be negotieted based upon the respective interests, objectives and bargaining positions of a/l interested persons.
Copyright 1985 by The Florida Bar and the Florida Association of REAL TOAS, Inc.
u - - ~:c:t::y ~u~" on ~ k'_. .:<'J / ~!2--
.'
,.
::~~~ ~'&~~
~ ~-:9'
"1:"'"
'1c-
,:.k~j: /_"'~~=''''-'~i;--<-'''!
',ft 1'1....,,::.>"t.... lBuyer)
I
_<,0.1-
.J
(Buyer)
,.
Executed by Seller on
-
WI~;::mm?~
'f?; ~ ././~ -' '7J ';/Pill d J!, MA/I
(Seller)
(Seller!
Ceposltlsl under Paragraph II received; if other than cash, then subject to clearance.
By:
(Escrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLEI
[l[ IIF A LISTING AGREEMENT IS CURRENTLY IN EFFECTI:
Seller .gr... to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing,separate listing agreen
OR
[l[ IIF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Buyer st:I"r agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compens.~jon in the amount of I
ONLY ONE) "of grail purch... price OR $ 500.00 , for Broker's services in effecting the lale by finding a Buyer ready. will in,
purChase puriUinito the foregoing Contract. In the eve.nt Buyer fails to pe~for~ and ~eposit(s) is retained, 50% thereof, but not exceeding the ~rokE
provided, shall be paid to the Broker, as fuJl consideration for Broker's servIces Includmg costs expended by ~rok.r, end the balance ,hell be paid .t~
transection shall not be closed beceuse of refusal or failure of Seller to perform, the Seller shall pay said fee In full to Broker on dem.nd. In any lit I!
out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and COStl.
TRADEWINDS REALTY ASSOC.
~rQk'r) .
.~~;!~/ /i~~
(authorized signatory}
yJ;/A','(J'&)~ -;(1aA~-tJAA/7
(Seller)
(neme of cooperating sub-agent)
ISeller)
SPECIAL CLAUSES'
Rev. 1/85
-
...- . , -.., r ..,,, W', ,..-, ...... .............., "...... ...., "....." """"",, 011 IldUII'lY un Hltlpar t or tile escrow-agern ,sn"all tu-I'ly ter~T~at;:-~-;;~Pt-t~th;-~;~tof accoul
items theretofore delivered out of escrow. If a licensed real estate broker, the escrow agent Will comply with provisio,n.~ o~ Chapt~r 475, F.S. (1983l, as
the event of any suit between Buyer and Seller wherein the escrow agent is' made a party by virtue of:acting 8$ an escrowigent hereunder, or in the ever
whar'ln-'~10w .gent interpleads the subject matter of this escrow, the agent shall beentitle"no.recoyer reasonable attorney's.fee aod costs incurred,
cosu"to'be charged and assessed as co\.m costs in favor of the prevailing party. All parties aelree that the escrow agent shall not be liable to any par
whomsoever'for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery shall be due to willful bnNICh of this Contract 0
gence on the part of the 'gent. '.
R, ATTORNEY FEES; COSTS: In connection with any litigation arising outof this Contr. -:t, theprevail1ng party shall be entitled to recover reasonat
fees and costs.
S, FAilURE OF PERFORMANCE: If Buyer fails to perform this Contract within the rrne specified, (including payment of all deposits hereun
posIt Is) paid by the Buye'r, may b'e retaiAed by or for.the account of Seller as liquidated d<lmE)es, consideration for the execution of this Contract and
ment of any claims; whereupon Buyer andSeJler shall be r,e~ieved of all obligations under the ':ontract; or Seller, at S,eller's opt;1on, may proceed at laV\,
to anforce Seller's legal rights under this Contract. If, for any reason other than failure of S 'lIer to make Seller's titre marketable after diligent eHari
neglects or refuses to perform this Contract, the Buyer may seek speCific gerformance 0:- elE:t to receive the return of Buyer's deposit!s) without the
any action for damages resulting from Seller's breach.
T. ;.;, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice thereof shall be recorded in any p'..J>;' :
Ccintract shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, lingular shal! incll;r;e '"',
glnder'shall,l~c,ludeall. Notice gjve~ by or to th~'attorney for.any partyshaJI.be as effective as if given by or to said pertY.
U. CONVEYANCE: Seller, shall convey tjtle to the :Property by, statutory warranty, trustee, personal representative or guardian deed, as apoto
status of Saller, subject o.nly to matters contained in Paragraph VII hereof and those otherwise accepted by Buyer. Personelty shall, at request of Buyer
by an absolute b/lJ of sale with warra'nty of title, subject to such matters as may be otherwise provided for herein.
Cl
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in thi$ ~
mOdification-or Change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound rr:e;
Rev. 1/85
.
.
.
.
.
.
.
.
.,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,~
"M
;,
,
. ~j ,
~'
. ,'I,
,~ '
,lie
~..
.
.
.
,.
"
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brougt'lt current by. reputable and 1)CI.tlnG .bltrlet firm (If not existing thin certifier
by,ln exlnlng firm) purporting to b, an .ccur.te 'Vnopsi. of the innrum.nuaff.cting title to the Prop.rty recorded In thl public rlCord, of th,.county \I
Property II locat.d, through Effective Oete end which shill commence with the earlien public recordl, or such liter dati .. mey be cultomlry In the COl
.hlll..conVlV I mark.tabl. tltl., subject only to lIenl, encumbrance., exception. or qualifications I.t fal1h In thl, Contrlct end tho'l which ,hall b, dls
. Sell'".lt or before clOllng_ M.rkltebi, title shall b. determined according to applicable Tltl. Standard. Idoptld by luthorltv of The Florldl Blr Ind In
with '.w. Upon cloal", of ,hi. trlnActlon the abstract .hlll become the prop.rty of Buyer, ,ubject to the right of retention th.reof by first mortgageE
paId; or (2) I title InlUrance I:ommltm.nt Ihued by a Florida IIcen..d title In.uror agreeing to IlIu. to Buy.r. upon recording of the deed to Buyer,
poUcY,O', tlt.I.lnauranc.ln the .mount of the purcha.. prll:e. Insuring Buyer's title to the Prop.rty. .ubj.ct only to li.n.....ncumbranc... exc.ptlon. or qu
...~ fanh In thl.. Contract .nd tho.. which .hall be dl.ch.rged by SeUer at or before clo.ing. Buyer .hall have 30 d.y., if abltract. or 6 d.V', If tltl. co
'~m'd.t, o~ r~.lvlng.evtd.nc. of tltll to exam In. lime. If title Is found defective. Buyer .h.1I within three (3) d.y. thereafter. notify Seller In wrltln,
d,"tctt.,. 1,'..ld de'tctfs) render title unmarketlble, II to it.m (1) hereinabove or unln.urable II to Item (2), S.ller will have 120 days from receipt of ne
wlilch to'remove: Aid defect(sJ, and If Seller I. unsuc:cellful in removing them within ..Id tlma. Buyer sh.1l h.ve the option of either .c:captlng the tltla e
ot'dirnlndlng..,r,'und of.1I monl.. p.ld her.under whic:h .hal/forthwith be returned to Buyer .nd thereupon Buy.r .nd Sell.r .h.1I be rel....d.l. to 01
of,'IIi',ful'th,r.'obIl8ltlon. under thl. Contrlct; however. Seller agree. that Seller will. if title I. found to be unmarketable or unlnaur.ble, Uti diligent .ffor
the 'C:J"IQt(a).ln tltl. within the tlm. provided tharefor. including the bringing of n.c....ry .ult., If a tltl. pol lev I. being furnl.h.d,Buyar hIS the right to
Sitttirto dellYir In' owner'. market.bility title pOlicy provided Buyer pays any additional charges and makes requ..t ther.for within ..ven (71 day. aftl
Oltll,.
,,;).~~f'.1r:~,,'\"V"O;..l';!'"-''' .
B:i~~~,~P'U,a.eHASe' MONEY MORTGAGE: SeCURITY AGREEMENT; TO SELLER: The purcha.. money not. and morfieg'.'lf any/than provld. fl
.. gr~."~,r;IQ'~.Ird~. ~~nt of default if it is. first mortgage and a 15 day grace period if a second or lesser mortgage; .hall provide for right of prepayment i
In:Pln.,.,-,vv~t~a~..'.. P'ilfll11y;..h.,all not permit acceleration or interest adjustment in event of resale of the Property; and the mortgage, not. and ..curity agrel
b. o~h'rwr"Jn',(otr,q'4nd,,,ont.nt.reQUired by. S.Uer's attorney; provided, however, Seller may only require clauses cu.tomarlly found In mortgagft, mort
Ind"..cl)rltY,~lgr'..inent. generally utilized by savings and loan institutions, or state or national banks located in the county wher.ln the Property is Ie
mortgage' .hall require all prior Ii.n. and encumbrances to be kept in good standing and forbid modification. of or future advances under prior mort!
P!tf.iO!I~~.b!I"9 e~nv.yed. ~ill, It.option of Seller, be subject to the lien of a security agreement and evidenced by recorded. financing stataments.
_~\~4't.'JC:!j'''~; ~:!"li l,~' ;." ..
C:L_'/.'I~SUAVEY:;Suyar, at Buyer's expense, within time allowed for delivery of evidence of title and examination thereof. may.' have the Propert,y su
c_nJ.ft:.cf by "redll:tered Florida surveyor, If the .urvey s~OIlVS any encroachment on the Property or that 'improvam.ntsintendecf to, ~., located on the
..f~ct'~neroach', on "tback' lines, easements, lands of others, or violate any restrictions, Contract covenants or applicabl. governmental ,regulations. the se
tr~~t.d.~.',~~t}.tll.:defect, ,'" '.
!fi,L- Ht' ',W j;:''..':~
o;')ijj ~!:RMITES~ Buyer, at Buyer's expense, within time allowed to deli'l~r evidence of titl.'and examination thereof, may have t'" Property ins~
FI_orldai, c.rtifled Pest Control Operator to determine whether there is any visible active termite infestation or visible existing demagt,from termite infest;
Iniprov.rninu:~,I" Bu,yer, "s informed of either or both of the foregoing, Buyer will have four 141 day. from date of writt.n notice thereof or two (2~
..I.ctlon of', contra;C10r,' which.ver occurs first, within which to have all damages, whether visible or not, inspected and estimated by I licensed buildinl
CO~rlctQr1 ~1I.r .hall,pay valid costs of treatment and repair of all damage up to 2% of purchase price, Should such co.tI.xceed that amount, Buye
.' tti~ option ofteanc.lIlng' Contract within five/5) days after receipt of contractor's repair estimate by giving written notlc. to Seller or Buyer may elect
. ~wlth ,the transacllon, In which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not
':tw:~ .(~"-J RlrC'lJt.9.f the purchase price, "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida F
Act: ...'
",;\~!"
E,;.:' "INGRESS' 'AND EGRESS: SelJer warrant. that there is ingress and egress to the Property sufficient for the intended Ula as described in Paragraph
tlt,I./t.ol,w~lch;li In accordance with Standafd A,
F.lfi.', LEASES'~:S.lIi~ shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leales and 81toppelletters from 'Ich tenant Spl
naiUr...tilf'du',at,IOn of thetenlnt's occupancy, rental rates, advanced rent and security deposits paid by tenant. In the event Seller I. unlble to obtair:
:from .Ich tenlnt, 'the same information shall be furnished by Seller to Buyer within laid time period in the form of a Seller's affidavit, and Buyer me'
: t'ccmt'.~ttJl",H)tS.'to.con!'rm .uch information, Seller shall, at closing, deliver and assign all original leases to Buy~r, ~
.. : J.'~ .'i../.:'V;~'-/"~.'~: . ..., "
,G~I,tM~~1ENS~ :s.lIii,. Ihall.. both as to the, Property and Personalty being sold hereunder, furnish to Buyer at time of clo.lng en affidevit attesting to t
:un].....oth..rwl'.-provld.d for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attlltlng that there h;
ImRrOVlIT).nt. or repairs to the Property for 90 day. immediately preceding date of clo.ing, If the Property h.. be.n Improv.d. or repaired within said
. ..hall deliver rel..lIs or waiver. of mechanic'. liens, exacuted by all general contractors, subcontractors, suppliers, and materialm.n, in addition to
affidavit IIttlng'forth th.names of all .uch general contractors, subcontractors, .uppliers and materialm.n and further reciting that In fact all bill. for'
Pr:QP.Alt,v.~or ,erson.lty which could serve as. basis for a mechanic's tien or a claim for damages have been pai"',Qr will b. pald-'atclollng.
"'c._:: . . . ~.~,~, ': I)" " , ,
..:..~H...;,,'_~!:A_ce.OF CLOS,ING: Clo.lng .hall be held in county wherein Property is located. at the office of th~ attorney or dther clo'ln~_'Q'.nt deslgna~ed I
~'7): . ..:' ~ . ",;-, ", ',",::.':'" ~ <:';',' ~....~'l
I, '..' TI,ME:,TI.mel. of the ellence of this Contract, Any reference herein to time periOd. of les; tha~ six (6) daYi 'halll~ the computatlon-thtreofexcludl
Su.nday'...nd,legal'hollday.. and any time period provided for herein which shall end on a Saturday, Sunday 0' ltgal hOliday .hall.xtend to 6:00 p.m.
fuli bu.lnf...day,
J;';-,' ~OCUMENTS FOR CL.OSING: Seller shall furnish deed, bill of sale, mechanic's Ii.n affidlvlt, asslgnmen... of lea.... and anv corrective instrumen
, .b..requlred'ln,connection with perfectiFlg the title. Buyer shall furnish closing statement, mortgage, mortgage no~.,leCUrlty egreement. and fl~ancing sta'
l '!K~~'I).~(lE~'P'~NS~~\' $tl;~l documentary sta~'~s which are required to be affixed to the Instrument of CO~Vf ,anee, intan~ibl. ta~ ~n end recording,
~ mon.y mortgage to Seller, and colt of'recording any corrective instruments shall be paid by SEt"er. OO~'Jm ntary stamps to be .fflxed to the pure!
l' ,mortgag., COlt of recording the deed and financing statements shall be paid by Buyer. ~.
"
I
I
)
!
I
LKll .!:ftP~~TI9!'J~:",T.xes, assessments, rent, interest, insurance and other expenses Ind revenue of the Pre :)erty shall be prorated through day prio
B~~er .~~~!I.,haiv.~ ,t.h. option of taking over any existing poliCies of insurance on the Property, if assumable,' .whi~t1event premiums .h.apbe prorat
clC:tslng.ha(I' 6e~lncreased or decreased 81 may be required by said prorations, All prorations will be maCJ tl rough day prior to occupancy if occup.
before,lclosing',; !'faxes .hall be prorated based on the current year's tax with due allowance made for maximu~ allowable Jiscount and hom~stead or 0
. tions 1f.'all'dweCf for laId year. If closIng occurs at a date when the current year's millage is'not fixed, and curren' year'sllsselSment Isavailable,taxes will
. bued upon Jl,lch assessment and the prior year's millage, If current year's assessment is not available, then ta) !S wUI be prorated on the prior year's ta
},., however;;'If.there'are completed improvements on the Property by January 1 st of year of closing, which improvements were not in existence on Janu
:'"...pi'Toryeir, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the panies.
request wlllee ,made to the County Property Appraiser for an informal assessment taking into consideration homestead exemption, if any. However
. ,r~i!?~~,'~as~d .~j; .l!;n estimate may at request of either Buyer or Seller be subsequently readjusted upon receipt of tax bill on conditlo~ that a statement
'-< ri ,et10rth in the Closing statement.
'./' ",)'~~!.,. ''-''',' it'
...."...." .
,'.',M~~_~'!'sp,e'C~'A(j.ASSESSME.Nt LIENS; Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effectiva Dat~)
, :',bY,~S~II"rl Pending Hens a'sof~date of closing shall be assumed by Buyer, provided, however, that if the improvement has been substantially completed <
.; :: ~'-~j1~'i ~,u~h(,gendi!,g lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last es
- '; .j$:JbJ!c,9.ogy 9f ,f!\ssessment for thl! improvement, " ,
,,"_':11.1' 14S,;;lG:t"'J,1 .'..~ :1.'"
~'~'~-q~~~P',ECTI_ON.;.REPA.IR AND MAINTENANCE: Seller represents that, as of ten (10) days prior to closir'jg, the roof, (Including the fascia an.
~'I:~~~.ll'(i;i.o:..n.q~lt!.aye any. visible evidence of leaks or damage and that the septic tank, pool, all major applianc,es; t't,~~~irg, cpollng.:"ectrical, plumbln!
I';;~ machinery' are, l~ working condition. Buyer may, at Buyer's expe_nse, have inspection made of said _ items' by an; appropriately licensed person dealn
':.. i{ructloA,\repslr 'anci maintenance' thereof and shall report in Writing ,to Seller such, items that do not meet the above 'representations, together WI'
.<~...~:.tor(e~~n'g:iame: 'prior, to occu'pancy or not less than ten 110) days prior to ,closing, whlch.,v~t 9cCu'rs first, Unless Buyer reports such deficiencies with
;',Buy.,..hallbe deemed .to havawaived Seller's representations as to deficienci81 not reported, h; the event repairs or replacements are required, Seifer s
~y~3":9f,J~..purch..e pr\ee\for: such repairs or replacements by an appropriately licensed'person, However;.1f the cost for such repairs or replacements
I' .' 'hepurchu.,ptlcl; BUyer'or S.lIer may elect to pay .uch excess; failing which either party mlY cancel thl. Contract, In the .vent Seller is unable
'. '. ,.,lli.' 'fWd. .'i5')f.;;'.I~\=>> ...CIO.' .lng;\t. h. e. 0.1t thereof _shaJJ be paid In. to. IICi'ow ,it clo.lng. .s..eueragre..,to p. rovid. utlllt. i.. ....rv.ie. ef.or'lnspections'upon rea$l
::. · ~b.!~Et~l~'(ppp~~e andJpe,clo~inq. Seller shall,maintail"! the Property and Pers~n~lty including but not nrnlt'~.t<! t!1llawn .nd .hrubbery, in
'\' .~~i~!l.?4~{1Q.fli.l~.'X,~wear lI,nd tearexcep,ted, Buyer s~all be permitte,d access for inspection of the Property prior to closing In order,to con fir
'''n.fI~t'! (Ir Personalty which could serve 81 a basis for a mechanic's lien or a ciaim iOi Uti..
.' _..~ -, --"C'.
'''''' '<I, '. g, 'u "" L. ,'" , ':1;1\'11\.1 tnttt Ii'", l""1:'''ll...h;It" t..... '~"''''. ~" "',,
I; lJail~,""'lit; bi; 0..1t,':-2';~CjtJ~lnw.'~~'4;..i '''~''''~''i/ :"'<..i!'<'W
' ,'..i ,:..~~~ .' ". .~~-.':~~:;
PLACE OF CLOSING: C'o,'ng .h.1I b. h.ld in .nty whe"in Prop"ty i,'oclted. It 'h. officI of tho It<urn.y or oth" clo,'ng"9 nt. eilgn.t .. y SOlf,,;
TIME: Tim. "01 tho .u.nc. 01 'hi, Con'"ct. Any "'."nc. h'"in to 'im. p"iod, 0; ;~.ith~~ ,'x~j :~Y"~';(I~';h~:~~~U;':!~}E~~~;k~j~~;ur~:y.-
md.y. .nd.log.' hOlld.y,. .nd.ny tlm. p"iod provid.d lor h",in which ,h.1I end on . SIlurd.y. Sund.v or I.g" holld.y 'h'II'~lI~dJOSj'l,O,Plrn;f~.th' n..;
dl bu.ln'" d.y. .. .. _ . . ....<-:'.n,_~..,,___.
DOCUMENTS FOR CLOSING: Seller .h.1I lurnl.h deod. bill 01 "'~. m.ch.nic'. lI.n .,fld.v".. "'ignm.n" 01 I....... .nd .ny c:;r~:,;i~~~~~:th'fm,y
, "qul"d In connection with perl.ctlng t~' tltl.. Buy~r 'h'II.'urnl~h clolOng stlt.m.nt. mortg.g.. ,;,ortg'~'~.?":"C.~~i.ty .g"!.m~~~i:~,~~I~~nc~llT1.ntJ;..
:' . EXPENS~S: St.t~' docum.nllr~'~';';', which ." "q~I"~' to b. .llIxed to tho .in'trum.nt 01 co~~.v~~c';'lnlln~bl' "~.;nt';~~:~~~:of~~rci~~'
on,y mortllllg. to Seller. .nd'colt of recOrding .ny Cor"ctlv, ,nstrum.nu ,h.11 b. p"d by Sell". Docum.nt"y It.mp. to b. ,./fl\\.~~olthe'p~r~.. monoy
ortgog.. colt 01 recording tho deod .nd Iln.nclng ItIlIm.nt"~'1I b. P.,d by Suy". ". ..' - .' '. I.,.".:" """!"IV'. '.,..)i~' ~'J:'i:r ,'.'
, P.RORATIONS:.T..... ....um.n". "nt. In,,;..:: In.ur.~~. and oth" IXp.n... .nd "v.nu. ~, tho pr~~:rty .h.lI b. pro""d th~6~~~Ji$~i~:;~cI6.f~~.
'y" .h.II.,h~ve.th. option. of t.klng ov.r, 'ny 1Xlltlng pollci.. 01 In.u,,~c. on tho Prop",y. if ...um.bl.. In,.~hl~~..~.ntp"mlu~. !~~lr:!it:e'~i(t~:.Ca.h Il
1.lng .h.lI ij, Inc.....d or d.......d .. m.y b. roqul"d by IIld prO""on.. All pro"tlon. will b. m.d. through d.y prior to occu~ano!y'ifI?~~p.f,Cy occui.
fO" 'clo.ing.Ta,," .h.1I III pro"..d b...d onth.. cur"nt yeor', tlx wi'h duo 'lIow.nc. m'd..for mlXlmum .1I0wabl. dl.count .nd'hom.ltoiil'ofOiliii. e..mp.
;n. if '/owad lor ..Id y.ar. If cloiln; occurs at I d... wh.n tho cur"nt y..r', mlll.g.Is'not fI..d. .nd cur"ntyu,',ll.ie..riiint t".ViIf"bf~~W~.t"g;ji't'lIHliorit.d'
sed upon .such ......m.nt'lndth. prior yelr's.mlllag,;::lf current year's assessment is not available, then taxe, will be p rorated O~~~h'i'-P..~.'I'~!.:I~.r';.1. ic~" p,"o,. vlded;:
. . ~ { 'J~':l";:: "1'&' ,-,>
' . ,'''''';.:'''~~'-;?' L~,~~ "",. _,
. .' :'''~:.'-._J~.~..' .
10wever;';'lf ther".r. completed'lmprovementl on the Propenv by January 1st of year 'of clollng, which ImprovementJ were not In ,xllt.nc.:r)rJan~.rV'ht of the
lrl'oryefr, then tax.. ,hall b.'J)fOr'lted baaed upon the prior year', millege and at an equitable.sslnme"t to be .g-r'ed'UP'O^;bt~I'Fth4i"" ~-.,wjiff*JJ1rigl,^,hlch.
.~u.1t ,:,,111 ~. m.d. to tho County Prop.rty App,,'..r for.n Inform.1 ...."m.n'i.klng Into. con"d""'onhom"ieid.'.*'!!,Ptfool'i.,,:,~t; i\W3.iM'::'8~lf.i~~'Pr,\;'
~:~n':r~~'1n ~~"~'::I~;:::t~:n~~ .~qu..t 01 .Ith" Buy" or. S'II': b. ,ub..qu.n,'y reodjult.d upon;~c"Pt ~f .tix ,bill, ~.~ tO~d't~~.t~;~~.1;:~115~bl~~:~t
1.. 'SPECrAL"ASSeSSMENt LIENS; COrtlfi.d,conflrm.d .nd "tified .p.cl., ""..m'nt lI.n. ...Ofd.lI o~ CIO'i~9 l.nd' no, ai ci~l;b,.ii:~~_1If.~i~i~'plild
y S.II". P.ndlng 1I.n", ol:d... of clo,'ng.h.II'b. ...um.d by Suyer. provid.d.how.ver. th.t If th,'mprov.m.nt h.. beon ,ublt.lltlall)i'compjlt.d".'cit EffeclNo
'It.: .uch e.ndlng lI.n .hall b. c.on"d'''d a. c.rtlfi.d. confirm.d or "tlfi.d .nd s.rr" .h.lI. It clo.ing, b. charg.d an .mo.un, .qu'l "q;t''1N~~.'. W~.1t.~y.~~.
ublrc body 01 ~"...ment lor 'h. Improv'm.nt. , '.. :. '. "'a 'Y<(I\'I'.".i'!fJ; 10'+"":
. '. -r', " ~:I(; l",IIlf~G:dlt~!p~it_1Uitltl~'''rliJ'\
LINSPECTION; REPAIR AND MAINTENANCE: S.II" "p"..nts that. " 01 tin 1101 d.y. prior to clo.ing. tho roof, (IncludIng 'hI f..tlnniiJ,offltJ); .nd
"'II' do'not h.v. .ny vi.ibl...vid.nc. 01 leok. or d.m.g. .nd thlt tho ..Ptic tonk. pool..1I m.)or .pplianc..; hutlng, COOIIII~I~trralnlltill\_" ttem.:.-nd
,"chin"y '"~ in working condition. Buy" m.y. It Buy,," IXp.n... h.v. insp.ction m.de of IIld ill'mi' bv .n'.ppioprlltlIY.Uc.n.1d p~rton di nl:th.'con.
:ruct,ion. rep.lr end maintenance thereof end sh~1I repon in writing to .5.' Jlersuch ite,:!,' that do not meet the 8bo....'r~pri..~~!lt!~n,~i~~~ItTh. ,~MiR ~~,;i.~O'#~'b~
""ctlng 11m.. prior to occup.ncy or not Ie.. th.n tin (10) d.y, prior to clo,ing. whlch.~ octu" flrlt. Unl... Buyer r.pOrft liJ'ch d.fll:l~ntl.l'Wf[MI{~d.perl~1l
uy" .h.1I b. dHm.d to h.v. w,'v,d S'II,,'. "p"..ntltion. " to d.llci.nci" not "port.d. It! the .vent rep.irs or "pl.c.m,n".ra rlQulrld,.SaIl~iti~"6n p'Y up .to
% of tho purch... prlc. lor such "p,'rs or "pl.c.m.n.. by .n .pproprilt.,y IIc.n..d porson. How.ver;.1f tho cOlt for .uch I'IPIlrsor.repIOCem..n,il~"d ~%'ol
1e purchase price; Buyer or seller may elect to pay such excess; failing which either party may cancel this Contract. In the'lVIntlSell'~'I.ufltlbl.\'_tO:"Corrllct:the
~ficienci" prlor'to c.loling; the COlt thereof shell be paid into escrow at closing, Seller agrees to provide utilities tervle! f.or"'niPec1. . ItS".; ;g~. orr. .~jti~'bre nbtH.~I..
"weon tho Eflectlv. 0... .nd the clo,'na. Sell" .hall m.in"in tho Prop"ty .nd Peroon.lty Including but not IImltld to t~. I.wn ..n~ '~!.'!1>!!!r.Y;11l~~' ~ondl.t1.~~
!rein represented. ordinary wear and tear excepted. Buyer shall be permitted access for inspection of the Property prior to'CloSlng.J.i1:or~vttP'~.'9.n'I..ft1l...,c....o mPII.,n.G.'
ith 'h. lo"going. . . . "'j .: \'''',i'~'l:'1r':JV:~~'.'' . "d,..,:,
"., .' ,.' -~t~tt.i.rtli:\t" ;".,11;'
',"<' ." I'.. ':.
. RISK OF LOSS: If tho improv.m.ntl ." d.maged. by Ii" or o,h" clSu.lty prior to clo,ing. .nd colt. 01 "storing IIm'do''',~9M~~'~~"~.of,th' ......~d
"u.tlon of tho improv,m.ntl '0 d.m.g.d. co.. of rllto"tion .h.1I b..n obligltion of tho S.lIer .nd clo.lng ,h.1I proc"d purou.nt to th'"rmeofcontroct.wlth
rs' th".lor .scrow.d .. clo.ing. In tho ,v.n, tho cost 01 "p.ir or rllto"tlon exc..d, 3% 01 tho .......d v,'uatlon 01 th, Improvem.nt.to'd.i1i'iig'd~;Suy".~ill
Ive the oPtion of either taking the Property as is, together with either the said 3% or any insurance proceeds payable by virtue'of'stfch l(Jis~or'-d'rnt~':or of'can.
'lIing Cont"c.t .nd ~'c,'ving "turn 01 d.po,itls) m.de hlrlunder. '. .. .. ". '...'.'..' ". ;'''~'?:-1~~;';~(<I:;<. .,~"
PROCEEDS OF SALE, CLOSING PROCEDURE: Th. d..d ,h.1I b. "cord.d upon cl''''nc. of funds .nd .vld.nc:j~i tltI;~~i.\1g,.~'~~:~i;'H~kp.~~i'.
'how ,itl. In Buy". without .ny .ncumb"nc.. or ch.ng. which would render S.II,,'. ti". unm"k...ble Irom ,h. d... 01 th.,.1t ovld,nc'j'.rld, th.proc"d.
tho ..I. .h.1I b. h,'d In ..crow by S.II,,', "'orn.y or by .luch oth" ..crow .g.n! IS m.v b. mutu.lly .gr..d upon lor.o ii,rIOd,61 n~'lii~~.I}lj,iff'/M1;!5Id'y,
'm .nd ,It" clo,'ng d.... If Sell,,'. ,ltI. I. "nd'''d unm"kellbl.. Suy" ,h.1I within ..id liv. 151 d.y p"iod. nO'lfy Sell.r In ""ltlllli'li! 'hi;\iWf'~l~~d'Setfi'
.11 h.v. 30.d.y. Irom d... 01 "c"pt 01 .uch notllic..ion to cure lIid d.fect. In ,h. .v.nt S.II" f.lI. to tlm.'y cur. ..'d.d.fect;~1I monlrp.11h.....nd" .h.lI,
,on writt,n d.m.nd th."'or .nd .within flv. 151 d.y. 'h"..ft". b. rlturn.d to Buy" .nd, ,'mu'tln.ou.'y with .uch "p'yill.nt. .'. ., I .t':!h. Prop.rty
,d r.conv.y 11m. '0 tho S'lIer by sp.cl., wa".nty d..d .nd roturn tho PersonaltY. In tho .v.nt Suy.r. 1.i1. '0 m.k. tl~!ly .ie!'l~n~9 J. un. .)I~y,'~.4.~"t!ike
I. a. I..w,'ving .11 righ.. .g.lnlt Sell" .. to .uch In'"v.ning def.ct IXC'pt IS m.y b. .v.lI.bl. to Buy" by virtu. 01 wlr"lI,r..,1f i~y. o~'41~Id.~n:th'.d..d.
tho .v.nt · portion 01 tho purch... pric. i. to b. derlv.d Irom institution.1 fin.ncing or "lIn.nclng. the "Qui"m.ntl of thel,narng -1;'rlffiltJori'~tS'i>lliCiltilnf.
d.y .nd proc.dur.. J.or clo.ing. and ~or .di.bur..m.n, 01 mortg.g. proceeds. s~.1I contro!. .nythlng, in thl. Co.ntr.ct to th'.~ont"rv notWlthlti?dl.~., Provip;d.
'w'v". thlt tho S."" .h.lI.h.ve 'h. "g~t to "qulra from such I.nd,ng in.."ut'on .. cloSIng. commltm.nt 'hit It will not WIJh~OI~.d.liilu.'~.;~"'.'~!,'.,.f1m..oJ;.tgage
oc..d. .. . '..ult 01 .ny titl. d"oct .ttribullbl. to Buy".mortg.gor. Th. IIcrow .nd clo.ing proc.dur. "Qulr.d by thl. S"ndard m'Yb.hlr~,~6'th' .v.nt
. ..'orn.y. titl. .g.n' or clo,ing .g.nt In,ures ag,'n.. .dv".. m.tt... pursuant to Section 627.7B41.F.S. 119B31... .m.nd'd.-~: ::~::".. .:J\~'~~if'.'.~~.
ESCROW: Any ..crow .g.nt "ceivlng I~nd"or ~quiv".nt i. .uthoriz'd .nd .gr... by ,cc'p"nc. th".ol to.dopo.l! P(omptlV .ftd~~O.lit11:ijla'lri""row
d ,ub).ct '0 cl.a"nc. thor.ol to dl.bu". 11m. In .ccordanc. with "rm, .nd conditions 01 'h. Contrect. F.llu" of cleoran.,. of fundli'~1J ll'ofi:.*UH;p8dor.
Inca by tho Suy". In th, .v.nt of doubt a. to ..crow .g.n,', duti.. or lI.biliti.. und" tho provi.lon. 01 thi. COhtr..t. the -~!lI1r.r.1;h ~~I.,
ltion.contlnul to hold tho .ub).ct mllter of thl. ..crow until ,he porti" mutu.lly .gr.. to tho dl.bu"em,n' the"of, or until ~'rud. ., . COI1lP~r"nt
.,.dictlon ,h.1I d..ermin. tho rights of tho parti.. th"oto. or ..crow .g.nt m.y d.po.it ..m. with th, cl"k of the circuit court il'Vfne;f~lid e: ;0. Ii, ih. clll\:i,,",
d upon notifying .11 porti.. concern.d 01 .uch .ctlon. .1I11.billty on tho part 01 tho .scrow .g.nt .h.1I fUlly t"mlnot., IXcept t9 tha'>(~~?ol! ,a;" 111'9 'ioi'any
'm. 'he"tofo" d.II....d ou' 01 'scrow. If. IIc.n..d "., ..ta" brok": 'h.. ..crow .g.nt W!!I com~ly \",.i.th pro~i.io~L~f F~apt'l!"475".F.S.;:lj~t .l!t. . "i..,~~ed.<ln
' event Of. .ny .uit betw.en Buy" .nd S.II" wh".ln tho ISOrow .g.nt "m.d. a p.rty bvvlrtu. ofl.ctlng...n ..cfov.i1tDlIi~ h,,,u~!lel.,ll._ r In,~t~H~~!r$>f<a. n.~,s.~1t
IIriln',..Cfow eg.nt Inte'OI..d. tho .ubj.ct mll"r ot thl. "crow. 'h. .g.nt ,h.1I b"ntitled'to.r.cover r..son'bJi atto.nlY'uf.'II1d:llil't\(l~l'!!Ki.ld,fe.. ind
,ts.to b. ch"g.d .nd .......d .. court co.ts in f.vor 01 tb. p"vailing partv. All porti.. .greo thot'th, ..crow ag.nt 'hili no' 1,. lIeblfl;id.ir-J..r't~;iii j,~'i.on
10msoever'fbr misdelivery to Buyer or Seller of Items subject to this escrow, unless such misdelivery shan be dueto willful breach 0 t'1...h.'I.c:.o.'"n'.'.\.I~'.~"; ....;r~.r..o.....P!!. ..9..11'
lC' on tho p.rt 01 tho .g.n'. '. .. . ". . ',. ('-:'1<::'" ,.'J~~; . Z:.,'::u:
~t~!'}~"lt.~:''''i~'''
ATTORNEY FEES, COSTS: In connection with .ny lI'ig"ion orising C"t 01 thl, ~on'''ct. ,hr p"vcilingp"ty .h.1I be~nt:.:I'd.tO'~~'<iriLrli n~~ t.it;'rn.y;,
:, and COltS. ..', " ':j.~:.i/.'r:'li~'I' ;}~.t
"~~P~:'-/~~(\'~'/;":"":'~ '.
~. .'.' ~"",,"":-'.~. ~ ~< .. '
FAILURE OF PERFORMANCE: If Buy" foil, to p,,'orm thi, Contract within tho tim. ,p,cifi.d, !including paym.nt of.1I d.pcilll."MreU~' .'lith. d..
.itl,1 p.id by 'h. Suyer m.y Ii. r"'in.d by or lor.the 'Ccoun, of S.II" as IIq,idated damag". con,id"ation lor tho ...cution 01 t~I,(Cd'niii~t'i;'C1-li'-'Ullllttl..
nt 01 .ny cl.imo; wh".upon 'Buyer .ndS.II" .hall. b. (.'i.ved.ol .11 obligations ~nd" 'h.. Cont"ct; or SeI.I.r. ot S.II"'.. oP;1on:Jl'\ayip,'O~.~lf.~I~v{~.(.I~,..qUity
.nforc. S.II,,'. l.g'l righti und"thi. Cont"c,. If. for .ny "",on oth" th.n failu" 01 S.II" to m.ke Sell,,'. ti,l. 'mork...bli illl'r dlllgenh/tol'fYs.II". 1.i1..
,'.ct~ or "fu.., to parlorm 'hi. Con'''ct. tho Buy" m.y ...k'Pecific p"formanc. or ellet to "c.iv. tho reSUrn 01 Buy,,'. d,poili(irWI1ffq~~.~.I.bY 'wal~lng
I'Ctlon lor d.m.g.. r..ulting Irom S.II,,', br..ch.. . . .;.,:'l1Jt .".,.,~
. .-. ::?'r';;;~"?"f.!",.! ;
CONTRACT NOT RECORDABLE: PERSONS BOUND; NOTICE: Neither this Contract nor any notice thereof ahall be recorded:r" '.'i'IY:PUbllc";reeOrdS, This
""ct ,h. II bind .nd Inu" to tho b.n.fit 01 tho porti.. h"lto .nd th.ir SUCCllSors in int"ost. When.v" tho conll'" permi"; iingul.;'iK.trrri~I~i'iepfur,".nd O'ill
d" ,h.1I includ. .11. Notic. give~ bv 01 to th..lttorne. for any portv .hall.!;. a, .H'ctive.. if giv.n by or to Slid p"ty. """'"'.".:~-""7'-. _,
. '.. , . - '~-.'-:" :'::~\';-:~~:rLC
CONVEYANCE, S.II" ,h.1I convev 'ill. to tho !'rop"ty by.stltutory ww.ntv. tru"... P'"on.1 reprmntltlv. or 9U"dl.n;<f'.d;-...p"rdprlll...o.t~.
"' 01 S.II". ,uoj.Ct o.nly to mltters contained in Pa"~"Ph VII h'reof .nd tho.. otherwise .ccepted by Buy". Person.'ty sh.II.Ii'rlqu"t of,jluYir, b. cOnv,y'd
an ab,olu" bill of 'al. with war,,'nty of title. Subject to such mltters" may be oth"wise provided for hlrlin. .. ,,',::: ' '.,'. ,
-:,';:'V,<,"i
OTHER AGREEMENTS: No prior or present agreements or representations shaff be binding upon Buyer or Seifer unless.lncluded: In ,thl. '(5ontract. No
jifi"tion or ch.ng. in thi, Contract sh.1I be v.lld or binding upon th. partill ,n/." in writing and lXecuted by tho p"ty or p,,"e. to b. boun'dthe"by.
.
'. 1/85
'~L"~ ","'.',.
. ,.."'>7.. ,- ~. ,,,>,'(.' _ .:;
~'. -" . 1_.... ....... '0-
700, TOTAL SALES J BROKER'S COMMISSIO~
BASED ON PRICE
SETTLEMENT
CHARGES
-"-'-'''-'''_~_'m______.,._
@ 11=
PArD FROM
BORRDWER'S
FUNDS
AT
SETTLEMENT
'500;OO,y,~"
PAID FROM
SEllER'S
FUNDS
AT
SETTLEMENT
JI
702, $
Izb3l1EOmmlSSIGnIpallllllmslllllemlf"
704.
to
~,..'Rea1ty
(i'
~:t~,~:;V~)~~~:;,o:":':
"",,".~', "";"2i'1'.l!:"'ii'!4t.
"P-'~_;':~;~~~~';t~'i~'; .._
%
'~:l~h:d~~;:t,-,~. '",
: '1 . . ",.;,/'";t;' , ,.
,,<:<:.:.l'r;.; -, ~ ",'i,i'..
-<'-,', '
"'~A;~~,':) ,- ~'.~;:::~-~:;~o: .{:~:;'
I daV
~Jii.};?~~;j'
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months $
per month
per month
per month
per month
per month
per month
per month
er month
,,'
II'..""~ ~'.:~' .!~': .~~;.s
t,..',fi I.........-:.;.'...t..',,;
'.'.'.'-7, ~_ ...._....
,. _I, '.1...._-:'. _
.....~. ..... - ...;:: ..,......
~~t ~":....~~...~;;;::~~:!;;
....."'.,! ..~~:. :.:~~;_~,. t~'.
r-; :'~~I-:- ;'!J:,::I:;~f.;:'~
.1"'ljl~ ,.::": 4:..",
II' ......'..;,~.' U,
I,., ._...... "~"."
~\~.;~..~! !--:,~~~\~~
. h, ....0:,. .ft f.,
..,.. ...;:: ...,'....... ......
::-:f'.'<;,-,..''';~f
;':I':-~:.~. =...":..::..~.....
nOl,~N~~~~g~!~~ to, y'
,11 02~.Aij 11/liJ.ea[ch to',:,'<
1103. Title examination to
.,........')O',..;,lf~ ~..._:,.,,'..<.....;"l.
1104ZiTdl $~lanC Ind"r~to,;,c~'~~.'
1.105,,-,9~cument~~.,.,..,.",. "...
11063" '&lu .. >-",.,
'''' .~.,Qll. ..~i.:.;;;.;:j'.L..~:.\:
1107. Attornev's fees to
(includes above items Numbers:
'. '~f'<:"~.~,.",v.....,.,,:,,
.1.108"..'1 :. ;,;ncertg..'>'''., James w.
,'"..\. . . ~!~~I"" . . .
"','::;'~il~ni1 e ~i!.jr'17?s Numb~rs:
1109. lender's coverage $
...[.".<;rf"'~..~..,..,.:~:
1110.0),!J)~~s~Q,!e'age.:.. $ 50,000.00
1111.
1112'i""~'..}l'..
. ..,~.' . -, .:.;:,:. ,,:',
".'. . . -.....
1113.
Vance, P.A.
120t:Recdidjiiilnees:lDeid~$::6';'60.l\' ; MQrtgage $
1202. ~ax ~~(I)ps: Deed $ .,
1z03:~s.\ .:mp~!,;1:~Oe~iUi' 275.00
l~q~
-120
: Mortgage $
; Mortgage $
: Releases $ 19. 80
26.40
275.00
J30J~ a
130~~:~~~",~""~,,, .... ,
.1.30.3' ,FE! ' ress':.C!11U:ges'(3) re: rrortgage payoffs
1304.
1305~J.~,;, h',.
1306.
t.",~.
no .
33.00
i
1400, TOTAL SETTlEMfNT CHARGES fEnter on line 103, Section J.and.line 502. Section K) ~
I have carefuUy reviewed the HUO.l Senlamenl Stetement and to the best of my knowJedoe and belief, it is e true and accurate statement of all receipls and disburnments made on my account or bv
me in this transaction. I further certify that I hay. received a copy of the HUO.! Settlement Statement.
BUYER
~r'
, (,;~ty ot LJeLray l:leacn
Date:
Sener:
.P AT.H.J.l.:~ l:::S. .t<f\'ll1tSU.t<l.~
Dale:
Borrower:
Date:
SeUer:
Date:
The HUO.l Settlement Statement which I have prepared is a true and accurate account of this trensaction. I have caused or will cause the funds to be disbursed in eccordance with this statement.
Oat.:
S.ttlement Ag~i Date:
LLli\M P. LUN~Y, ~squll'e
WARNING: It II · crime to knowingly make false statements to the United States on Ihis or any other similar form. Penalties upon conviction can include a fine end imprisonment. For details see: Title
18 U.S. Code Section 1001 and Section 1010.
- .i'''''870:i1''.'.r",",..
~ 'W"... ,~_ .'~
VMP MORTGAGE FORMS
800.521,7291
PAGE 2
B. Tv". of Loan
8. neNumbe,
7. Loen Number
8. Mort,e,e Insurene. C... ""mINI,
1. D FHA
4. D vA
2. 0 FmHA 3. 0 Cony. Unln..
6. 0 Cony. me.
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
ara shown. Items merked "(p.o.c.J" were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
,~~~M """:,i~:c,;&City ~f,J2e1ray. ~;:F~~ri~
'...~"'... ...<~:i'..".."".lQO,~.W..lst Avenue..,...., '...
,,}~>~-.., , ,~{~'n'/;O)oo'~l~".'.".". 'ch.'-'~',~:'-'''':':3''.3-iAJ1-:A-,t\,~'-''\-,:.'.'-'
. ~'b:t.i"h;_~ :;:.!If.:;'':;;'';:;''''''\':':'';:.<,.''' aY'..13ea" .t'J,.l_.'!:;~"t"t' .
E. NAME AND ADDRESS OF SEllER: PATRICIA B. RATHBURN, a single wanan
303 S.W. 7th Street
~ray Beach, FL. 33444
.n/a
:}.'~~.~:ij,'
G. PROPERTY
LOCA nON:
I. SETTLEMENT DATE:
303 S.W. 7th Street, De1ray Beach, FL. 33444
IDt 5, NICliOLS SEX:OND ADDITION 'IIJ DELRAY BEACli
":' anesW. Vance, P.A.
"':FOM\~Place, SUite 200
'''~~~~aCh,FL.33401
.-;-' ':,'>
-'<'l-~(.J>;:tit'::'_*~f;:L,._:,
",-.":..*,,,:-I:t_'..'-.!~ . ~"'"..,;.:f<'~:'
1 OVCont'..........,..."",;'i1'!"'...',Y..,.
" .,. .___, ~...._5.e&'...~.li~". .
102. Personal pro erty
103;',S.tt-l~
"'..(/'::--'.;1,' .
.,.;o;,fb'iU.lP.'i.l\.\ .
;~::,:::;~~..
ADJUSTMENTS FOR ITEMS PAID BY SELlER IN ADVANCE:
, .. ~
:;.'1 OB~.C '7j .. t.
107. County tillS to
".108:::A;~~SS!i!'~~\ t.
109.
,110iB'
111.
'112 ,,:"... --O:1-F(''-'
'. .".,~~~:rtl:"'.'.:,,',..~.
BUYER
120 GROSS AMOUNT DUE FROM 1DIIlIIIIIIllHI' ~
February 12, 1988
SUMMARY OF BORROWER'S TRANSACTION
'.
1,268.40
500.00
., ,
401. C.ntract .al.. price
402. Personal property
403. MJving allowance
50;000.00
BUYER:
50,000.00
500.00
404,
405.
ADJUSTMENTS FOR ITEMS PAID 8Y SELlER IN ADVANCE:
: '~'';';':~-
408. City/t.wn tax..
407. C.unty tam
408. Assessments
4D9.
410,
41,.
412,
t.
t.
t.
2DO AMOUNTS PAID BY DR IN BEHALf Df b":1"';':t~ 500. REDUCTlDNS IN AMOUNT DUE TD SELLER
51 768 40
420 GROSS AMOUNT DUE TO SElLER' ~
50 500 00
201. Deposit or earnest money
202:,Prin~~J1_RgJ.;ii~]1~?;
~~~:~,~~!~{J~",<
205.
206.,'.::~:i&'.'
207.
,.~..:~,..,,'
?08':~"~::~..i~'~>'f.'
209.
ADJUSTMENTS FOR ITEMS UNPAID BY SElLER:
210. City/t.wn tax.. t.
211. Couni'y':~ii'-ie',,:-~/,,~-,:,.;,- to
,ol .,..'.........-..",-',.', ~" "
212. Assessments to
213.,,~~'i,;
214.
215.~:~1:~:W~';~:".
216.
217. ";'l~Il~!;,!t~f'-''-:
21B.
219.
220. TOTAL PAID 8Y/FOR
~ BUYER
II 'I
3D1. Gr... am.unt due fr.m b.rr.wer (line 7201 B
302. l........iii,rnfjiailfby!l.r b.rr.wer lline 2201
.......,~...-,'.,..'"
501. Excess deposit (see instructions)
502. Settlement charg.. t. ..1I.Uline ~40P)
503. Eli.ting 1..nl'I taken .ubject t.
504. Pay.ff.f first m.rtg.g.l.an.i3avEsr:,~fi6",150.91
505. Pay.ff.f sec.nd m.rtgage loan SUN. BANK 6,175.95
506. Payoff third I1Crtgage- FORD,';'. Kl'T~~'t398.76
507.
SOB.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SEllER:
510. City/lown tues to
511. C.unty tax.. t.
512. Assessments to
'.
513.
514.
515.
516.
517.
SIB.
519.
520. TOTAL REDUCTIONS
IN AMOUNT DUE SEllER:
':':,C;.
,
601. Gr... am.unt due t. seller (line 4201
602, Less total reductions in amount due seller (lin.e 520)
3D3, CASH I rnFROMI(O TOI~: ~
51,768.40
603. CASH (GSl TOI (0 FROMI SELLER: ~
23,774.38
HUD.l (3.S61
o MORTGAGE FORMS DIVISION '0703'
800.521.7291 NATIONAL
PAGE 1
ORDINANCE NO. 2-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S
LAND USE PLAN DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING
AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
FROM I (INDUSTRIAL) TO C (COMMERCIAL). SAID
LAND IS LOCATED ON THE EAST SIDE OF CONGRESS
AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W.
1ST STREET; AMENDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
The Nort.h 50 feet. of t.he West Ha J.f (W 1/2) of
the Northwest Quarter (NW 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Sect.ion 18. Township 46
South, Range 43 East, less the West 53 feet
thereof, Palm Beach County, Florida.
The subject property is located on the east
side of Congress Avenue, bet.ween West
Atlantic Avenue and N.W. 1st Street.
The above-described parcel contains a 0.3289
acre parcel of land, more or less.
~ That the Land Use Plan designation of the
subject property in the Comprehensive Plan adopted by Ordinance
No. 65-79 is hereby changed to C (Commercial).
Section ~. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the Land
Use Plan of Delray Bea~h, Florida, to conform with the provisions
hereof.
SectiOl:L4-.. That t,his ordinance shall become effective
immediately upon passege on second and final reading.
PASSED AND ADOPTED in regular session
final reading on this the ___._~ day of _ .
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading ._._._.
Second Reading _.. .....__.._.__._.
;)!1.
DEP ARTfvl:cNT AL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
'T~Ci
TO
eJt~ !~r~D ~::::er
David J. Kovacs, Director
Department of Plann~ng and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION - MEETING OF FEBURARY 9, 1988
FIRST READING OF ENACTING ORDINANCE, LAND USE MAP AMENDMENT
~._-_.__._---- ---_._-~.__..__.
EXXON PROPERTY, .32 ACRES, CONGRESS AND ATLANTIC
DATE
February 2, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is first reading of the
enacting ordinance which changes the Land Use Map from Industrial
(I) to Commercial (C) for .32 acres of land located just north of
the Exxon Station which is located at Congress and Atlantic.
This specific item is a part of the City's Land Use Plan
Amendment 1988-1 which is scheduled earlier in the agenda for a
public hearing. This specific action is a local amendment and as
such does not need to be reviewed by the State. Local amendments
may be enacted without regard to the statutory limits on the
frequency of plan amendments - F.S. 163.3187(1)(C).
,
BACKGROUND:
Please refer to the background material provided for the Land Use
Plan Amendment public hearing for more particulars on this item.
Also, you may refer to the background material provided for the
first reading of the annexation and zoning ordinance which is
also on this agenda.
ALTERNATIVE ACTIONS:
1. Defer first reading to a later date.
2. Hold first reading of the enacting ordinance.
RECOMMENDED ACTION:
Approve, on first reading, the ordinance amending the Land Use
Map for this property from the designation of Industrial (I) to
the designation of Commercial (C).
Attachment:
- Enacting Ordinance
~-z,.
eM 362
THE Eo,,,:,,,, ALWAYS MATTERS
ORDINANCE NO. 3-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE NORTH 50 FEET OF THE
WEST HALF (W 1/2) OF THE NORTHWEST QUARTER
(NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF
THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE
WEST 53 FEET THEREOF, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST
STREET; REDEFINING THE BOUNDARIES 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; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Exxon Corporation, a N,~w Jersey Corporation,
is the fee-simple owner of t.he property hereinafter described;
and,
WHEREAS, David ". Felton, as duly aut.horized Agent for
Exxon Corporation, a New Jersey Corporation, has requested by his
petition to have the property annexed into the municipal limits
of the City of Delray Beach; and,
WHEREAS, t.he subject property hereinafter described is
now contiguous to t.he corporate limits of the City of Delray
Beach, thus making said petition for annexAtion effective at t.his
time; and,
WHEREAS, t.he designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 30-23 have been followed in est.ablishing the proposed
zoning designation; and,
WHEREAS, the Ci t.y of Delray Beach has heret,ofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~F
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
S~Qtim:L.L. Tha t. t. he C t t,y Counc i 1
Beach. Palm Beach Count.y, Florida, hereby
t.he following described land located in
Florida, which lies contiguous to said City
of t.he City 0f Delray
annexes t.o said Ci~y
Palm Beach County,
to-wit:
The Nort.h 50 feet of the West Half rw 1/2) of
t,he Nort.hwest. Quart.er (NW 1/4) of t.he
Northeast Quart.er (NK 1/4) of t.he Sout.heast
Quart.er (SE 1/4) nf SectJ on 18, 'Towns hip 46
South, Range 4~ East, less t.he West 53 feet.
t.hereof. Palm Reach County, Florida.
The subject property is located on the east
side of Congress Avenue. bet.wo"en West
At.lantic Avenue and N.W. 1st Street..
The above-described parcel contains a 0.3289
acre parcel of I and. more or less.
;;3
Section? That the Boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section ~ 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.
5.e.Q.ti.oD_....5..... That this annex,~t,ion of the subject
property, including adjacent roads, alleys, or the like, if any,
shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless
otherwise specifically initiated by the City pursuant to current
requirements and conditions.
S~ction 6. That if any word. phra~e, clause. sentence
or part of this ordinance shall be declared illegal by a Court of
competent jurisdiction. such record of illegality shall in no way
affect the remaining portion.
s..ecl.iQ.n._l~. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the .___.__
regular session
day of ___
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading _,.__.,,_""'" .
Second Reading ...
.2-
Ord. ~o. 3-88
OEP ARTf\ .-:NT AL
CORRESPONDENCE
[IT V DF
DELRAY BEA[H
~Ci
~:OM ~~\i3::~~:;;:
Department of Plannill&,and Zoning
CITY COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
FIRST READING OF ENACTING ORDINANCE
SUBJECT ANNRXATlillLlilTIL WIlING. OF "GC", . 32 ACRE PARCEL ON
CONGRESS JUST NORTH OF THE EXXON STATION AT ATLANTIC AVENUE
DATE February 2, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the City Commission is first reading of .
the enacting ordinance for the annexation, with initial City
zoning of General Commercial (GC) of .32 acres of land located'
north of the intersection of Atlantic and Congress.
A public hearing will be held at second reading;
of that public hearing is March 8, 1988.
t'entative date
BACKGROUND:
Attached is the Planning and Zoning Staff Report which provides a
full baCkground of this request. The .32 acre parcel is owned by
Exxon Corporation. Upon its annexation it is anticipated that it
will be developed in concert with the existing service station
which is located at Congress and Atlantic.
The Planning and Zoning Board at its meeting of January 25, 1988,
held a public hearing on this item and has forwarded it with a
recommendation of approval. There was no public comment at that
public hearing.
Prerequisite to the zoning action is an amendment to the Land Use
Map. A pUblic hearing on such an amendment and subsequent
enacting ordinance is scheduled before the Commission earlier on
the agenda of February 9, 1988.
-y2>
eM 362
THE Eic'.cn' AI..VAYS MATTER"
~u. wa~~er O. Barry, City Manager
Re: City Commiss' Documentation - Meeting of Feb ry 9, 1988
First Reading Jf Enacting Ordinance
Annexation With Zoning Of "GC", .32 Acre Parcel on
Congress Just North Of The Exxon Station At Atlantic Avenue
Page 2
ALTERNATIVE ACTIONS:
1. Defer consideration until a later date.
2. Hold first reading on the enacting ordinance and set a
public hearing date.
RECOMMENDED ACTION:
Approve, on first reading, the enacting ordinance for the Exxon
Annexation with a zoning designation of General Commercial (GC).
Attachment:
- P&Z Staff Report
- Enacting Ordinance
PLANNING B ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEET ING O::HE:
January 25, 1988
AGENDA ITEM:
III.D.
ITEM:
ANNEXATION WITH INITIAL ZONING OF GC GENERAL COMMERCIAL FOR A PARCEL
OF LAND ON CONGRESS AVENUE JUST NORTH OF ATLANTIC AVENUE (EXXON).
:-
.,
,
>
.
'"
27
(f)
(f)
w
a:
<.?
Z
o
u
'.
~ - . - , -
38
· t
.
,<'
A TlA~TIC ...."f
vET. CLI"'IC
81< .2. PO le9
-..
N
, -
-~-
\
\
GENERAL
DRTA:
PROJECT DATA:
OWner..............................Exxon Company USA
Oeveloper..........................Exxon Company USA
Aqent........................................................ . David J. Felton
Location. .. .. .... .. .... .. .. .. .... .. .... .... .. . .. . . .. . .. . Behind existing Exxon on north
east corner of Atlantic Blvd.
and Congress Avenue
Parcel Size........................ .3289 acres
Land Use Plan designation........ ..(1) Industrial (existing)
Light Industrial (County)
Zoning........................................ .IL Light Industrial
Adjacent Zoning..................... Light Industrial to the north
GC to the west and south and
MIC-Mixcd Industrial
Commercial to the cast
Current Use........................ Vacant
Proposed Use...................... .Expansion of existing use to
the south (gas station with
service bays)
ITEM:JIL · D.
Water" Sewer..................... .water is provided to the site.
Sewer is provided by septic
.,........~-
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
the annexation and rezoning of a .3289 acre parcel from (LI)
Light Industrial to (GC) General Commercial. This parcel is
located directly north of the Exxon Gas Station located at the
northeast corner of Atlantic Avenue and Congress Avenue.
Background: History and Related Development:
On August 17, 1981, Exxon Company entered into a water service
agreement for the gas station site and agreed to annex,.,
vOluntarily when contiguous. With the annexing of adjacent I
property, the Exxon site became contiguous and was subsequentl~t
annexed to the City, Ordinance No. 101-82, January 11, 1983. The'
zoning was, at that time, Industrial in the County but was
changed to Commercial so that the facility would come into the
City as a conforming use. The site under review is also owned by
Exxon. It is anticipated that it will be developed for an
expansion of use from the service station property.
ANNEXATION ANALYSIS
Serviceability:
This property is contiguous to the City via the existing Exxon
service station directly to the south.
Water is available from an 8" main located along Congress Avenue.
Gravity sewer is not readily available. The service station
is presently served by an on site septic field. Negotiations for
installation of gravity sewer are now underway with the City,
Chevron, (on the' northwest corner of Atlantic and Congress) and
Exxon. The site under review will not be able to accommodate
development until center sewer is provided.
Access to this site is not a factor, if it is developed as part
of the existing Exxon site and takes access through that site.
If development occurs, access modifications of the existing site
may be required.
TO: Planning and Zoning Board
RE: Annexation and Rezoning of Parcel of land on Congress just
north of Atlantic Avenue - Exxon
January 21, 1988
Page 2
Fire Department and Police services will be impacted minimally by
this annexation petition.
The property is part of an official ("enclave") Area *66.
Pursuant to the City's Enclave Report, this specific property
will have a level of service (LOS) of "D" because of the lack of
cover serviceability. If it is developed in conjunction with the
Exxon service station, its LOS would be "A". The recommended
Land Use and zoning for this parcel in the Enclave Report is that
of GC, the present request. This parcel does not create an
enclave, the only required finding by Florida Statutes prior to
approval of a voluntary annexation.
Comprehensive Plan Matters:
..,.
The existing City Land Use Plan designation is (I) Industrial,:
with existing Commercial to the south. A companion request for a.
Land Use Map amendment to Commercial (C) is scheduled for public
hearing prior consideration of the annexation and zoning hearing.
Zoning Analvsis:
The requested zoning classification is GC General Commercial.
This classification is requested to accommodate expansion of the
existing Exxon gas station which has zoning of GC.
Standards for Evaluating Rezoning Requests:
Standards Nos. 1. 2 & 3 are met in that the proposed zoning is
consistent with the Land Use Plan designation of adjacent
properties and the recommendations of the Enclave Report.
Standard 4 does not apply as the request does not involve
residential land use.
Standard 5 does not apply as this is a logical incorporation into
existing use to the south.
TO: Planning anQ Zoning Board
RE: Annexation and Rezoning of Parcel of land on Congress just
north of Atlantic Avenue - Exxon
January 21, 1988
Page 3
Standard 6 (chanqinq conditions necessitating zoninq change).
Changing conditions such as increased business, for the existing
station may have facilitated this proposed expansion. But this
does not make the r,ezoning necessary, just desirable by this
owner.
Standard 7 (influence on livinq conditions). This request will
have no significant impact on surrounding living conditions due
to its small size and location within a commercial/industrial
district.
Standard 8 some concern may be warranted as this will be an
expansion of an intensive traffic use generator. This may be
further compounded if the additional property is used for a car
wash. ,',
,
Standard Nos. 9 (drainage) and 10 (liqht and air quality) pertain'l
to site development and can be readily accommodated. ·
Standard Nos. 11 (property values) and 12 (improvement to
adiacent properties) are not negatively affected. This location
is between industrial and commercial uses.
Standard 13 (deals with special privi1eqe).
gained through this zoning in that it
surrounding land uses and recommendations of
No such privilege is
is consistent with
the Enclave Report.
Standard 14 (property used with present zoninq). The current
Industrial designation does not allow gas station uses and the
proponent wishes to expand existing use necessitating the
requested change to GC. This property and property to the north
have been vacant for some time but with a parcel of this small
size, expansion of the existing commercial use does not seem
unreasonable.
Standard 15 (scale of proposed use). The site will be developed
in scale with the existing facility and will not be out of scale
with the neighborhood or the City.
Standard 16 (other adequate site) The presumed use of a car
can be accommodated on other GC parcels. The intent in
situation is to develop in conjunction with existing
immediately to the south.
wash
this
uses
Standard 17 (addresses sufficiency of evidence). The existing
station compliance with the Enclave recommendations, and
comparability of use provide such sufficient evidence.
TO: Planning and Zoning Board
RE: Annexation and Rezoning of Parcel of land on congress just
north of Atlantic Avenue - Exxon
January 21, 1988
Page 4
ASSESSMENT:
Based upon the above analysis from both a serviceability and
zoning prospective, it is appropriate that annexation with
initial zoning of GC is recommended for approval with the caveat
that development may be dependent upon providing center sewer to
the site at the owner's expense.
ALTERNATIVE ACTIONS:
1. Forward with a recommendation of approval of the annexation
and initial zoning of GC.
2.
Continue with direction and concurrence.
"
'I
, t
.
RECOMMENDED ACTION:
Forward with a recommendation of approval of the annexation with
initial zoning of GC.
Attachment: Standards for Evaluating Rezoning Requests.
REF:PDtl2/A:are
ORDINANCE NO, 5-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PORTION OF LOT 20 IN
BLOCK 1, DELRAY SHORES SUBDIVISION, AS
RECORDED IN PLAT BOOK 24, PAGES 232 AND 233.
PALM BEACH COUNTY PUBLIC RECORDS. LYING AND
BEING IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF LAKE IDA ROAD AND DAVIS
ROAD; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, All American Meat CompMtY, an Illinois Corpo-
ration. is the fee-s impl e owner of th." property hereinafter
described; and.
WHEREAS, Harold A. Greene, Attorney At Law, as Agent
for All American Meat Company, an Illinois Corporation, has
request.ed by his petition to have the property 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 petition 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 30-23 have been followed in establishing the proposed
zoning designation; and.
WHEREAS, the rity
authorized to annex lands in
the Florida Statutes,
of Delray Beach has 'leretofore been
accordance with Sec~ion 171.044 of
NOW, THEREFOR!':. RE IT ORDA TNED BY THli; .~ ITY COUNC IL OF
THE CITY OF DELRA Y BEACH. FLOR IDA, AS FOLLOWS:
~ction-.L. That t,he City Coun()i I
Beach, Palm Beach County. Florida. hereby
the fOllOWing described Ja.nd located in
Florida, which lies contiguous to said Citv
of th~ City of Delray
anneXlS to said City
Palm Beaoh County,
to-l~i ~:
A portion of Lnt. ?O in Block 1 "f JELRA'{
SHORES SUBDIVISION as recorded in Pl.at Rook
24, Pages ?3? and 2~~. Palm Beach County
Public Records, being in the southeast
quarter of Section 7, Township 46 South,
Range 43 East, Palm Beach County, Florida.
and being more flllIy described as follows:
Beginning at the southwest corner of Lot 10,
Block 1, of said Plat of DEL RAY SHORES, run N
38 degrees 17' 12" E, along the wes ter ly line
of said Lot. 10. 110.00 feet t.o a point;
t.hence run N 8 degrees 28' 10" E, 142.80 feet
to a point being the southwes t corner of Lot.
9. Block 1, DELRAY SHORES. thence run due
~+
north along the westerly line of said Lot 9,
110.00 feet to a point on the south
right-of-way line of Lake Ida Road; thence
run due west along said right-of-way 311.61
feet to a point of curvature of curve to the
left, having a radius of 55,67 feet; thence
run southwesterly along said curve through a
central angle of 90 degrees, an arc distance
of 87.45 feet to the point of compound
curvature of a curve to the left, having a
radius of 109,35 feet; thence run southeast-
erly along said curve, through a central
angle of 44 degrees 15' an arc distance of
84.45 feet to the point of compound curvature
of curve to the left having a radius of 1300
feet; thence run southeasterly along said
curve, through a central angle of 9 degrees
30', an arc distance of 215.55 feet to the
point of reverse curvature of a curve to the
right, haVing a radius of 2990 feet; thence
run southwesterly along said cu~ve through a
central angle of 2 degrees 02 12", an arc
distance of 106,29 feet to t.he point of
beginning, containing 85,923.45 feet.
The subject property is located at
southeast corner of the intersection of
Ida Road and Davis Road.
the
Lake
The above-described parcel contains a
acre parcel of land, more or less.
1. 97
Section 2. That the Boundaries of the City of Delray
,Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Sect,iQJ::L..:lc, That. Section 30-23 of the Zoning Code has
been followed in the establJshment of a zoning classifica':;ion in
this ordinance and the tracts of land hereinabove descri)ed are
hereby declared to he in Zoning District POC (Planned Office
Center) as defined by existing ordinances of the City of Delray
Beach, Florida
SectionL That. the land hereinabove describej shall
immediately become subject to all of the franchises, privileges,
immunities, debts. obligations, liabilities, ordinances ald laws
to which lands in the City of Delray BeAch are now ~r may he
subjected and persons res idi ng thereon s k'\J I be deemed Ji tizens
of the City of Delray Beach.
SectiQ11.,~'5~ That this annexat.ion of the subject proper-
ty, inclUding adjacent ro;;ds, Alleys, or t.he like, if any, shall
not be deemed aooeptanoe hy t.he City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
speCifically init.iated by t.he City pursuant. to current require-
ments and conditions.
5.e.c.tion.n6,,- That. if any word. phrase, clause, sentenoe
or part of this ordinance shall be dp.cl",red iJ l",gal by a Court of
competent jurisdiction, such record of illegality shall in no w;;y
affect the remaining portion.
. 2 .
Ord. No. 5-88
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
---------_._~----_.-
First Reading '___.
Second Reading
I
II
II
I
I'
il
- 3 .
Ord. No. 5-88
OEP ART" '::NTAL
CORRESPONDENCE
[IT V OF
DELRAY BEA[H
'T~Ci
TO rWalte~ ~ S~~~:: ~~ager
FROM~J. Kovacs, Direct~r
Department of Pl~_n~~n~ and Zoning
CITY COMMISSION DOCUMENTATION - MEETING OF FEBRUARY 9, 1988
SUBJECT FIRST READING OF ENACTING ORDINANCE oATEFebruary 2, 1988
"ANNEXATIOtl'WITHZONING OF POC FOR PROPERTY LOCATED AT THE CORNER
OF LAKE IDA ROAD AND DAVIS 'ROAD (MR. GROCER AND DELRAY MEDICAL PLAZA)
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval, on first
reading, of an ordinance enacting the annexation, with zoning of
Planned Office Center (POC), of a 1.97 acre site located at the
southeast corner of Lake Ida Road and Davis Road.
A public hearing will be held at second reading. The tentative
date for second reading is March 8, 1988.
BACKGROUND:
This petition involves an existing development with current uses
of a Mr. Grocer food store, medical offices, a laboratory, and a
pharmacy. Originally, the owner petitioned the County for
General Commercial zoning in order to accommodate a change in
tenants to allow for professional offices. That request was
forwarded to the City pursuant to the sixty day review
requirement. The Planning Staff contacted the applicant and
suggested that annexation with POC zoning would be more
appropriate. That suggestion has been followed by the owner.
The attached Planning and Zoning Board staff report provides
further information on the specifics of the request.
The Planning and Zoning Board, at its meeting of January 25,
1988, forwarded this request with a recommendation of approval.
There was no public comment, other than that of the applicant, at
the Board's public hearing.
7--t
CM 362
THE E'
.!l,LWAYS MATTER~
To: Walter o. BaLI -', City Haniige...
Re: City Commissi, )ocumentation - Meeting of Febr y 9, lY88
Annexation Witn Zoning Of POC For Property Located At The Corner
Of Lake Ida Road and Davis Road (Mr. Grocer and Delray Medical Plaza)
Page 2
ALTERNATIVE ACTIONS:
1. Defer consideration to a later date.
2. Hold first reading of the enacting ordinance.
RECOMMENDED ACTION:
Approve, on first reading, the enacting ordinance for the
annexation with City zoning of POC for this 1.97 acre site.
Attachments:
- P&Z Staff Report
- Enacting Ordinance
PLANNING B LaNING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
---
MEET I NG D=lTE: January 25, 1988
AGENDA ITEM:
IILC
ITEM:
ANNEXATION AND INITIAL ZONING TO POC-PLANNED OFFICE CENTER FOR DELRAY
MF.nTr.AI. CF.NTER - LAKE IDA ROAD AND DAVIS ROAD
.., ....1......., .0.. .,.~.... .rl"':Hi~'.
....~..... -....... ..:... ----~Jf.
.., .. '. . , . .' t ":':; 1.. ,
"
....,
& ~ ~ , J
.. .-...---
A^'G~,' .."
. '.' I.j...... ..... _. ""l '';'" (.
:..........J. --_ .~--t-- t1
, .. .., '"' ... I J I .. ~ I .. " . t-
Q()( Q.",.,
I.
'.
(
'.
. ,
I .: ~ ._
. ~
DElRAY
SHORES
GENERAL
DATA:
OWner .................................. All American Meat Company
Developer ............................. All American Meat Company
Agent ............................. Harold A. Greene, Attorney
Location .......................... Southeast corner of Lake Ida
Road and Davis Road
Parcel Size ....................... 1.97 acres
Land Use Plan Designations ........ Office (City)
County Zoning
.....................
CN-Neighborhood Commercial
with special exception to
permit medical center
Adjacent Zoning ................... PRD-4 to the north across
Lake Ida Road; RS-Residential
Family) to the south, RH-
Residential MUltifamily and
PaC-Planned Office Center
to the ca.st
Current Use ....................... Medlca':' of f ice center with
existing convenience store
and pharmacy/drug store
Proposed Use ......................
Offlce ce ter with
continuat on of existing use
for pharm cy/drug store
Water and Sewer Service
...........
Water and Sewer are provided
ITEM: t11. t.
Item Before The Board:
The action before the Board is that of making a recommendation on
an annexation and initial zoning of Delray Medical Center. This
1.97 acre site is a County pocket and is contiguous to the City,
via City property on the north side of Lake Ida Road.
Project Background:
The area under consideration is a 1.97 acre site located at the
southeast corner of Lake Ida Road and Davis Road. This petition
involves an existing shopping center with current uses including
a Mr. Grocers, medical offices and a pharmacy. The proponent
presently has County NC zoning, Neighborhood Commercial with a
special exception to allow for medical offices.
The proponent originally petitioned the County to rezone from
NC with a special exception for medical offices to GC Genera~
Commercial with a special exception for Planned Commercial
Development (County Petition No. 88-4).
The Planning Department was notified of the application pursuant
to Section 401.B.3 (Ordinance No. 80-32) of the Palm Beach Zoning
Code which requires 60 day notification to the City. The
proponent's intention as listed in the County petition, is to
convert the existing medical center into a general office center
with continuation of the existing convenience store and pharmacy
which have long term leases. The proponent indicated a
willingness to agree to no additional expansion of the retail
commercial component. The petitioner was contacted by this
department and informed we had a zoning classification which
would accommodate his proposed uses with the exception of the Mr.
Grocers which would continue as a non conforming use and he could
voluntarily annex into the City.
The petitioner agreed and has submitted this application for
annexation and rezoning to POC (Planned Office Center). The
petitioner is continuing the County petition at this time until
such time as action is taken on this request. The Planning and
Zoning Board made a recommendation for denial of this County
request at the December 21, 1987 meeting, and the City Commission
supported that recommendation on January 12, 1988.
Annexation Analvsis:
The property is contiguous with the City via property on the
north side of Lake Ida Road and is presently being served by City
water and sewer (no water agreement on record).
TO: Planning an~ loning Board
RE: Annexation and Initial Zoning to POC (Planned Office Center)
for Delray Medical Center - Lake Ida Road and Davis Road
Page 2
This parcel is part of an official Enclave, #59 and pursuant to
the Enclave Report, will receive a level of service (LOS) of (A)
with no substantial cost to the City. This annexation will not
create an additional enclave, the only finding required by
Florida Statutes.
Zoning Analysis:
The proposed zoning classification is consistent with the City
Land Use map and enclave study recommendations. Both designate
the site as appropriate for office use which is consistent with
the proposed use.
Standards for Evaluating Zoning Requests:
.
The rezoning request was reviewed using the 17 criteria in
Section 30-23(D) of the Zoning Code.
Standard Nos. 1.2.3 are met
consistent with Land Use Plan
Land Use patterns. A POC
Commercial uses to the south.
in that the proposed zoning is
designations and reflects existing
District exists to the east and
Standard No.4 does not apply as this is an existing use and the
zoning is consistent with the plan designation.
Standard Nos. 5 and 6 do not
zoning situation and the
Commercial.
apply in that this is an initial
existing County zoning is also
Standard Nos. 7 (influence of living
impact) will be benefited as the
generate less traffic and impact on
presently allowe? Commercial uses.
Standard Nos. 9 (drainage) and 10 (light and air) pertain to site
development and have been accommodated by the existing site plan.
condition) and 8
proposed office
living conditions
(traffic
use will
than the
Standard Nos. 11 (property values) and 12 (improvements to
adiacent properties) will not be negatively affected. Office
uses would now be more compatible and desirable to adjacent
Commercial and residential uses.
TO: Planning and Zoning Board
RE: Annexation and Initial Zoning to POC (Planned Office Center)
for Delray Medical Center - Lake Ida Road and Davis Road
Page 3
Standard No. 13 deals with
privilege is gained through this zoning in
with the Land Use Map~ and is compatible
and zoning.
No such
consistent
land uses
Standard No. 14 deals with substantial reasons ro ert cannot
be used with its present zoning). The county's NC district does
not allow general office uses; thus necessitates the requested
change to General commercial.
Standard No. 15 (deals with the scale as it relates to the
of the nei hborhood) and 16 (other ade uate sites in the
do not apply as these are existing buildings and proposed
is less intensive.
needs
City)
change
standard No. 17 (addresses sufficienc of evidence. The zoning
is justified as it is the most appropriate designation to
accommodate existing and proposed uses and be compatible with the
City's Land Use Map.
Assessments and conclusions:
The property is eligible for annexation and it is City policy to
annex whenever possible. The zoning of POC is most appropriate
(see standard *17, above). The property while meeting the
minimum lot size of one acre, does not meet the minimum parcel
standard of three acres for a POCo Code Section 30-15.3-E allows
for approval of a POC designation on less than 3 acres in special
circumstances. The circumstances which apply in this case is
that of the situation of existing development coupled with a
small POC which exists to the east. Small office developments
are a preferable land use (over retail) for this immediate area.
While the
development
there will
redesign.
landscaping
be required
site otherwise essentially complies with POC
sta~dards, at such time as Lake Ida Road is widened,
be encroachments onto the site which may require
At that time, concessions as to parking and
may be required of the City and site up-grading may
of the owner.
Alternative Actions:
1. Forward a recommendation of approval of the annexation and
initial zoning of POC;
TO: planning an, Zoning Board
RE: Annexation and Initial Zoning to POC (Planned Office Center)
for Delray Medical Center - Lake Ida Road and Davis Road
Page 4
2. continue with direction and concurrence;
3.
Recommend annexation with
If this action is taken.
it.
a different zoning designation.
identify the zoning and basis for
Recommended Action:
Recommend approval for the annexation with initial zoning of POCo
REF:pdi1/A:srdmcar
J<:MERGENCY
ORDINANCE NO. 6-88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILD-
INGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE
XII, "FLOOD HAZARDS", SECTION 9-416, "DEFINITIONS", TO
REVISE THE DEFINITION OF MANUFACTURED HOME; BY AMEND-
ING SECTION 9-449(d), "COASTAL HIGH HAZARD AREAS (V
ZONES)", TO PROVIDE A REVISED V-ZONE ANCHORING CERTI-
FICATION; BY AMENDING SECTION 9-449, "SPECIFIC
STANDARDS", BY ADDING A NEW SUBPARAGRAPH (e), "AREAS
BELOW LOWEST FLOOR", TO PROVIDE DESIGN STANDARDS FOR
ENCLOSURES BELOW THE BASE FLOOD ELEVATION; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Statutes U66. 041 (3) b) provides for the adoption of
ordinances on an emergency basis without the necessity for prior advertisement and on
one reading; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has deemed
that the adoption of this ordinance is necessary on an emergency basis in order to
timely provide the State required flood hazards regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Reach, Florida, does
hereby deem thIS Ordinance No. 6-88 to be an emergency ordinance and to be adopted
pursuant to Florida Statutes U66.041(3)(b).
Section 2. That Chapter 9, "Buildings and Construction", Article XII, "Flood
Hazards", DIvision 1, "Generally", Section 9-416, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Manufactured home means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connection to the required utilities. It--~~t--iftehffle
reereatWnlli _fticles-~-t-1'8:Vel--t-r8iiers,;, The term also includes park trailers, travel
trailers and similar trans ortable structures placed on a site for one hundred eighty
(180) consef'ut ve ays or onger an mten e to e Improved proper y.
S.-ction 3. That Chapter 9, "Buildings and Construction", Article XII, "Flood
Hazards", Division 3, "Hazard Reduction", Section 9-449, "Specific Standards" ,
Subparagraph (d), "Coastal high hazard areas (V zones)", of the Code of Ordinances
of the City of Delray Beach, Florida, be amended by adding a new subparagraph (13)
to read ai'l bllows:
(13) P)'ovide that all new construction and substantial improvements in Zones V
1.30, VE, and V, if base flood elevation data is available on the community's
Flood Insurance Rate Maps (FIRMs), are elevated on pilings and columns so
that; (a) the bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the base flood
level; and (b) the pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components.
Wind and water loading values shall each have a one percent chance of being
equalled or exceeded in any given year (100 - year mean recurrence
interval). A registered professional engineer or architect shall develop or
review the structural design, specifications and plans for the construction,
JS/
and shall certify that the design and methods of construction to be used are
in accordance with accepted standards of practice for meeting the provisions
of (a) and (b) of this paragraph.
Section 4. That CJ1apter 9, "Buildings and Construction", Article Xll, "Flood
Hazards", Division 3, "Hazard Reduction", Section 9-449, "Specific Standards", of the
Code of Ordinances of the City of Delray Beach, Florida, be amended by adding a new
subparagraph (e) to read as follows:
(e) Areas below lowest floor. For all new construction and substantial improve-
ments, fully enclosed areas below the lowest floor that are SUbject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior
walls, by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional en!rlneer
or architect or must meet or exceed the following minimum criteria: "A
minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters" .
Section 5. 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 6. That this ordinance shall become effective immediately upon its
passage on first reading, in accordance with the provisions of Florida Statutes
1166.041(3)(b) .
PASSED AND ADOPTED in regular session on this the
, 1988.
day of
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO.
--
AGREEIIENT
This agreement is entered into this
day of February 1988 by and
between Gerald Killer and the City of De1ray Beach (hereinafter the .City.).
\/HEREAS the City of Delray Beach entered into a License Agreement with
Toni Brez and Jim Brez dated February 2, 1984 wherein the licensee was granted
permission from the City to operate a restaurant and bar at the Delray Beach
Country Club, in the clubhouse facility, (hereinafter referred to as "License
Agreement"); and
\/HEREAS the City approved the assignment of said License Agreement to
Gerald Miller by assigr~ent dated June I, 1987; and
,
\/HEREAS Gerald Miller has requested the City to extend the termination date
of the License Agreement.
NOW THEREFORE for One Dollar ($1.00) and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged by
each party from the other, they agree as follows:
1. The termination date for the License Agreement is hereby
extended to be midnight on December 31, 1989.
2. The licensee agrees to pay to the City additional compensation
for the license and the privilege of operating the restaurant
and bar at the Delray Beach Country Club for the extension
period the sum of Twenty Thousand Nine Hundred Seventy-five
Dollars ($20,975.00) payable as follows;
commencing January
10, 1989 and continuing monthly on the same day of each month
thereafter through and includinl December 10, 1989 the SUlll of
$1747.92 per month plus F~Ol ida sales tax at the rate
applicable on the due date of eLch payment.
3.. ~he time periods for the exelciie of the options contained in
paragraph 2 of the License A~reament sha:1 be determined with
referenc9 to the extel,deJ termination date i.e. midnight
December 31, 1989.
IN WITNESS \/HEREOF the undersigned have executed this agreement.
Gerald Miller
Witnesses as to Miller
J-fc
.~
CITY OF DELRAY BEACH, FLORIDA
by:
Doak S. Campbell, III, Mayor
by:
Witnesses as to the City
Walter O. Barry, City Manager
ATTEST:
Approved as to form and legal
sufficiency:
Elizabeth Arnau, City Clerk
Jeffrey Kurtz, Asst. City Atty.
ACKNOWLEDGMENT AS TO "MIllER"
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state and county named above to take acknowledgments,
personally appeared Gerald Killer known to me to be the person described in
and who executed the foregoing instrument and acknowledged before me that he
executed the same.
SWORN TO AND SUBSCRIBED before me this ____ day of February 1988.
Notaty Public, State of Florida
My commission expires:
ACKNOWLEDGMENTS AS TO THE "CITY OF DELRAY BEACH"
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state and county named above to take acknowledgments,
personally appeared Doak S. Campbell, III, known to me to be the person
described in and who executed the foregoing inatrument as Mayor of the City of
Delray Beach, Florida. He acknowledged before me that he executed the
foregoing instrument as such officer in the name and on behalf of the City of
De1ray Beach, Florida.
SWORN TO AND SUBSCRIBED before me thil ____ day of February 1988.
Notary ~ublic, State of Florida
My commissi~n expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the stat:e and county named above to take acknowledgments,
personally appeared Walter O. Barry, known to me to be the person described in
and who executed the foregoing instrument as City Manager of the City of
Delray Beach, Florida. He acknowledged before me that: he executed the
foregoing instrument as such officer in the name and on behalf of the City of
Delray Beach, Florida.
SWORN TO AND SUBSCRIBED before me this ____ day of February 1988.
My commission expires:
Not:ary Public, State of Florida
DEP ARTf\,.cNT AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~(i
TO Walter O. Barry, city Manager
THROUGH~aVid ;: ~~;dleston, Finance Director
FROM Ted Glas, Purchasing Administrator 4.11"
SUBJECT
Bid #88-27 - Fifteen (15) Passenger Van
UATE
1-21-88
Invitations to Bid were mailed to eleven
and in ret~rn two (2) bids were received,
of Bids.
(11) automobile dealers,
per attached Tabulation
The low bid was submitted by Bill Wallace Ford in the amount of
$14,563.50. Their bid has been reviewed by the Public Works Garage
supervisor and found to meet all the specifications.
Bill Wallace Ford stated on their Bid that prices were good for only
45 days after the bid opening on November 30, 1987. However, they
have now submitted a letter stating prices are good until awarded.
It is recommended that the purchase of one fifteen (15) passenger
van be awarded to the low responsive bidder, Bill Wallace Ford, in
the amount of $14,563.50.
'i q (),.-
eM 362
THE E
A,_NAY'i MATTEf,"
DEP ART~ .2NT AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~~
TO Walter O~.13.<:::..ry,_.City Manager
THROUGH~David M. Huddleston, Finance Director
FROM Ted Glas,..,Eurchas.ing Administrator ~~
SUBJECT
Purchase of Cargo Van Via Florida State Contract
DATE
2-2-88
'87/'88 Police Department Budget provides $13,000.00 for purchase of
Cargo Van (Account No. 001-2111-521)
Cargo Vans Model lIon Florida State Contract #070-300-403 are
awarded to Barrie Reed Buick GMC, Inc., as follows:
GMC Cargo Van, Model TG21005, white, with blue interior
Base Price. $ 9,324.00
Options:
V8 Engine (305 CID)
Optional Rear Axle Ratio
Air Conditioning
AM/FM Radio
Fixed Glass in RH Cargo Door
Sliding RH Door
Minimum 12511 Wheelbase
High Back Seats
302.58
32.30
720.36
153.85
43.35
N/C
241.36
36.55
$10,854.35
The above options have been reviewed and approved by Garage
Superintendent, Bob Savage.
It is recommended that the Cargo Van be purchased via Florida State
Contract from Barrie Reed Buick GMC, Inc. for the amount of $10,854.35.
d'l!. ."7
\.)./ '-Y
7-0Jr
eM 362
THE Eei'
~ '-,',
_"'. I
.JJ...!_"NAYS MATT[FI.,
FROM
Charles Kilgore
Chief of Police
[ITY OF
DELRAY BEA[H
~~!i
DEP ART~, '::NT AL
CORRESPONDENCE
TO
~O~H~rt "\. ?'urcinski
.:'i,ssistant City ~lana98r
AGF.ND1\ I~eEn--CO;'lPtFr:~:':: ~'-"\T1I "?~ '~~:rll PtJr;cnASE
01/27/38
DA fE
SUBJECT
THIH):
rl'HHU:
THHU:
Ted Glas, Purch3.:-)ir:<.-\GL:ini~;trator ~ ff
Yvonne Xincai~e, '~u~g8t/^~1Dinistrative Services ~~anager
Davicl :~uadlcston, 'Jirector of Finance CJ5)
In I1over.\ber, 1185, t:'-lC :':olj.ce "i)c?art:';lcnt a.c(~.uired a ne\',' cow.:.)uter
~ystem in accordance ,~ith reco!nr:endations nade l)y the consulting
firm of Artrur J. An(~erso~, Co. of ~:iami. The first syster:1 (IIH~
System 34) 112d becor~e out,~ateJ an~ totally inadequate for our
needs, as it only rctainc~ a 255- ::11 me[~ory and the software
(PIDAS) 2ia not suit our resent or planned needs. As a result,
we trcovelled to California and lieu Jersey to view
software/hardwarE which woul~ be more suitable. As a result, we
reco:.ll::ended D.:l. Datil sort'ili\re called PLl':S, Ivhich was fully
supported ~y 8urroushs, along with surr~ughs hardware (81)00
system), \.;ith a 1.3 G~ r.:ei.:ory.
Z\ r:lUtual decision \laS r~ade to pUre!'l, ~e the systel7l via a
lease/purchase O';)t ion, rUlk;"d by the Law:nforcement Trust Fund
(approximately $4,000.OO/montb). As pa[~ of the growth plan,
additional work stations, disk drives and components were
purchased in early 1)87 ($72,000.00), funCed by the Public Safety
Facility "ono.
In our 1987/38 nu~get re~u2st, Qdditional fu~Js were requeste~ anG
DPDroved for phasin~ in adJitional ~}or!~ stations an~
~:icroproces3ors which C~ll st~n~ alone or l~cr~ off the mainfra~e.
He are no" requesting to ',ur~ha3c the follo'.:in<] iteDs:
5 - Processors ~:/25G ~\:~,
14 - ~ernory Upgrades
5 - l~" T!onochroDe )i[;~.~lc~y:-~
5 - orIS '.\e~l].)oar,~s
5 - 15V ~)ol.I:~r :juL lies
5 - :?,7r:.~\ ')is;~ 'Sx~'a!12ions
1 37~:", ni~;k ~J'")';ri: ,:~2
5 - Cluster Ca0~~3
2 - i' ~eriory 'loJul ~~r~
2 ;::i9h 20wer SU' ...1:::::
2 - 1_;erJ;"',in2tors
1 - ~0 IS Dis:: ~;/?:D
'J-1c...-
eM 362
TH~
,.
,.
~
,,'d', MATTER"
~TP'l ""'r~"""rn.
,J '.J' 'U .~l~ _,. .
\'~':=::'T::?\, r",l?' ;--CC~:~?UT31.'->--'U IT?'l=:T~ ~t1~CIU\~~ ~
.January 27, 1933
Page 2
Sy acquiring thi.:; ecui~::.\"nt, "" \Jill ':Jc a0lc to
and/or upg rade tt-:i rt een (13) rJor:~ s~at ions. :r?e r
!lajor Cochrane has ,,:et '.:ith'lic,]ard ZUCC3fO of
i"":?esources :Ianagenent ~;.~_~: ob!:.uined his Cl.J,;;roval.
a~u, irT)rOVe
City Policy,
Ir.for::lation
~here has been no ,~ '..in" :coces~-; jue to lac)( of c08~;.!uti:)ility of
other ?roducts. ~Urr0U(-~lS Cor1cr2tion ~n~ ~~crry serS2J over ~
yea..r aqo to beCODe t!~-'r~~YL". -72 f<2CO?,1nen(} :."urchase [rOi",l sole-~ource
due to other ;_)roCuct~; net '_leinc,; COf.i~,,)ctlbl'2 ~,lith our e:-:istin,=;
syster:\. If a:jl..lit].on,'""\l infor:',::.t'cion is r0.~:uirc.?:J, }OU .'~'.y contact
the Ui-7ISYS ~:arketinc ""}~c rC~~'2~'1tativ'8, lJoanne '..~a.,-le Gi.C 42D-9300, or
the Sranch :':anaqer, -oc_':i~:~ :~,c:)uffie 2t 77G-'J!',DO. ,\11 ?ricGs
include State Cont~ct iSCCUI1tS.
~espectfully SUbDitt2~,
..
Chief or Police
go
Z\t tachr,lent:)
DEPART~.~N<'I AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
j'~(i
TO Walter o. B",rrYL..C,ity Manager
rHROUGH:~avid M. Huddleston, Finance Director
FROM Ted Glas...J;>\u::..chasing Administrator ~~
SUBJECT
Turbitrol Service Contract - Water Treatment plant
DATE 2-01-88
The utilities Department is requesting sole-source procurement of
computer maintenance at the Water Treatment Plant from Turbitrol
Company, per attached memorandum.
Purchasing has performed a short market survey to determine if
prices being charged by Turbitrol are fair and reasonable. Two
municipalities were contacted; the City of Boca Raton and the City
of Daytona. These Cities are paying either the same or higher
rates than those proposed for the City of Delray Beach.
Based on the survey, the prices to be charged by Turbitrol Company
are fair and reasonable as outlined below in the approximate yearly
cost of $20,000.00
Labor .
Travel Time
Living Expenses
$50.00 per hour
$35.00 per hour
$65.00 per diem
Funding is in Account 441-5122-536-33.37
Attachment (1)
Recommendation from Public Utilities
TG:kwg
'J-. 0 cl-
eM 362
THt: E
A'V'lAYS MATTEF",
OEP ART~ ...:NT AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~(i
TO Walter O'Il.,,:':.r)",._<::i.ty Manager
THROUGH1DDavid M. Huddleston, Finance Director
FROM Ted GlasL,Pu-""hasing Administrator ~ ~
SUBJECT
Extension of Co-op Fuel and Oil Bid #87-14
'JATE 1-25-88
On February 10, 1987, the City commission awarded contracts for
gasoline and motor oil to the following firms via Palm Beach
County Cooperative Group Bid #87-14:
Chevron U.S.A. Inc.
Nanals Petroleum
Belcher Oil
Gasoline by Transport
Gasoline by Tankwagon
Motor Oils
$.005 markup
$.022 markup
$106.70/55 gallons
Per the Co-op specifications, this contract can be renewed for one
additional year by mutual agreement of both parties at the same
terms, conditions and prices. The above vendors have agreed in
writing to the renewal period.
It is recommended by the Cooperative Group that this contract be
renewed per the terms of the specifications.
Attachments: (2)
Agenda Request Form
Tabulation of Bids
J..-1 .JC'
eM 362
THE Eel'-
i~L';VAYS MATTER~
[ITY OF DELRAY BEA[H
)C\~ 0",) : ',I ;\ VENUE
DELRAY BEACH, ~LORIDA 33444
305/243.7000
MEMORANDUM
TO:
Mayor and City Commissioners
FROM:
Walter O. Barry, City Manager
SUBJECT:
OFFICE SUPPLIES - PALM BEACH COUNTY CONTRACT
DATE:
February 5, 1988
The office supply contract includes a number of items
presently warehoused by the City's Purchasing Division.
The items include office supplies such as rubber bands,
binders, pens, pencils, fasteners, staples and a variety
of similar "expendables".
The bid analysis is rather lengthy and I have therefore
not included a copy in each packet. A copy is available
in the City Commission office for your information should
you wish to review the awards and prices.
The City Purchasing Division is very active in working
with other cities in Palm Beach County to obtain dis-
counted prices on commodities and supplies through
cooperative bidding efforts. As the attached trans-
mittal memo indicates, we estimate annual savings of
approximately $3,600 based on our current year budget
for office supplies.
~ o.~/j'n-J
WALTER O. BARRY
City Manager
WOB:nr
Encl
J--1 t
c' 'c'c MATTEFk
DEPART~.=NTAL
CORRESPONDENCE
FROM Ted Glas, pu!=,~c_~c::l_.E;~_l!:9 Administrator
~~
[IT' DF
DELRAY BEA[H
~~{i
TO Walter o. B.arEy.L.c:.ity Manager
THROUGH / avid M. Huddleston, Finance Director
SU~~T Office Supplies via Palm Beach County Contract
"ATE 1-28-88
Palm Beach County has received bids and awarded contracts for Office
Supplies for the contract period from October 1, 1987 through
September 30, 1988. Advertisements were placed in the Palm Beach
Post on ~uly 5, 1987. Twenty-nine vendors were sent bid packages.
Bids were opened on August 3, 1987. Per the terms and conditions
of the specifications, members of the Palm Beach Cooperative
Purchasing Group are included if they so desire.
The County bid consists of 133 firm-fixed price office supply items,
and a discount off list price for all other items needed. six
firms have been awarded contracts for specified items, per the
last page of attached tabulation of Bids.
The city of Delray Beach has budgeted $73,000.00 for purchasing
office supplies. By utilizing the County contract it is estimated
that a 5% reduction in costs will be realized from current pricing,
or approximately $3,600.00 savings.
It is recommended that the following vendors be awarded contracts,
per Palm Beach County Bid #87-144 through September 1, 1988; and
if Palm Beach County renews the contract for one additional year,
that the City Manager be authorized to renew the contract for the
City of Delray Beach, subject to vendor acceptance, satisfactory
performance and determination that renewal will be in the best
interest of the City.
LOPC
Barnett's Office Supplies
Decora
Halsey & Griffith, Inc.
K-Data Products, Inc.
A-M-R Office Supply Company
Attachment:
Tabulation of Bids
eM 362
THE E.
--.'
.'\ ,'jAYS MArTER"