05-16-06 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. May 16.2006
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
c. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. May 2, 2006 - Regular Meeting
. May 9, 2006 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. St. Vincent Ferrer Catholic School - 50th Anniversary
B. National Clean Beaches Week - June 29 - July 5, 2006
7. PRESENTATIONS:
A. Florida Atlantic University's Hometown Tour - Dr. Kristen Murtaugh, Vice President
of the John D. McArthur F AU Campus
B. "Spotlight on Education" - Kathy Weigel, Principal of Atlantic High School
C. High Academic Performance Students - Atlantic High School
D. Julie Harris - 2006 High School Poster and Essay Contest Winner
E. Awards Presentation - Historic Preservation Month Poster Contest
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDIVISION PLAT APPROVAL/MARK DOWN TOWN PLAT:
Approve the subdivision plat for Mark Down Town, a mixed-use development, located
on the southeast and southwest comers of S.E. 2nd Street and S.E. 1 5t Avenue.
B. FLORIDA COMMUNITIES TRUST (FCT) GRANT/WESTERN SENIOR/
COMMUNITY CENTER: Authorization to apply for a Florida Communities Trust
(FC1) Grant in the amount of $2,200,909.05 for land purchased for the site of the
Western Senior/Community Center.
C. SPECIAL EVENT REOUEST /4th OF JULY: Approve a special event request for
the 4th of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per lDR Section 2.4.6(1-1) for the closure of Atlantic Avenue
from the east side of N.E.jS.E. 6th Avenue to Ocean Boulevard, and from the south
side of Thomas Street to the north side ofMiramar on Ocean Boulevard.
05-16-2006
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D. RESOLUTION NO. 21-06 (TAX EXEMPTION REOUEST FOR ELIGIBLE
IMPROVEMENTS/1127 NASSAU STREET): Approve a tax exemption request
for eligible improvements to 1127 Nassau Street, located in the Nassau Park Historic
District; and approve Resolution No. 21-06.
E. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL
(CSC)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing
staff to submit the baseline budget funding request for Fiscal Year 2006/07 to the
Children's Service Council of Palm Beach County in the amount of $853,075.00 for the
program and services associated with the Beacon Center at Village Academy.
F. SERVICE AUTHORIZATION NO. 2.0/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Service Authorization No. 2.0 to Kimley-Horn and
Associates, Inc. in the amount of $23,558.00 for schematic site plan work to develop the
new soccer complex at the former Atlantic High School site. Funding is available from
380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex).
G. ITEM REMOVED FROM AGENDA
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 1,2006 through May 12,2006.
I. SPECIAL EVENT REQUEST /2006 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports
Marketing for the 2006 Exclusive Sports Marketing Volleyball T oumament to be held at
the municipal beach on June 10 and 11, 2006.
J. CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /INTEGRITY WELL & PUMP COMPANY: Approve Change Order
No.2 (Contract Closeout) in the amount of a $10,820.66 decrease and final payment in
the amount of $17,073.97 to Integrity Well and Pump Company for completion of the
Aquifer Storage and Recovery Facility Rehabilitation Project. Funding is available from
442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/
Maintenance Costs).
K. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/ ALMAZAN
BROTHERS: Approve Change Order No.1 (Contract Addition) in the amount of
$34,928.00 to Almazan Brothers to the Royal Palm Drive Road Reconstruction Project
for the clearing of underbrush and nuisance trees at the Western Senior/Community
Center site. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western/
Senior Center).
L. RESOLUTION NO. 27-06: Approve Resolution No. 27-06 amending Resolution
No. 72-05 and Resolution No. 18-06, FY 2005-2006 Budget Adoption.
05-16-2006
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M. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to
submit a grant application to the South Florida Water Management District (SFWMD)
for supplemental funding for the construction of the City's Area 4 Reclaimed Water
Transmission System.
N. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $50,000.00 for 2455
Lindell Boulevard #3206. This brings the number to 170 homeowners assisted under
the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
O. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to National Waterworks, Inc. in the amount of $65,036.70 for
water main pipe materials for the Lake Ida Water Main Project. Funding is
available from 442-5178-536-65.98 (Water/Sewer Renewal & Replacement
Fund/Water Main/Lake Ida Area).
2. Contract award to JMW Construction Corporation, Inc. in the amount of
$15,000.00 for the addition of concrete slabs for transit bus shelters #19 and
#20 along Atlantic Avenue and shelters #33, #34, and #38 along Congress
Avenue to accommodate handicap access and shelter trash cans. Funding is
available from 334-3162-544-65.70 (General Construction Fund/Transit Stop
Bus Shelters).
3. Contract award to REP Associates, Inc. in the amount of $15,840.00 for
professional services for the Mold Remediation Project at the north wing of City
Hall. Funding is available from 001-2911-519-31.90 (General Fund/Other
Professional Services).
4. Contract award to REP Associates, Inc. in the amount of $12,184.00 for
professional services for the Mold Remediation Project at the Municipal Golf
Course Clubhouse. Funding is available from 001-2911-519-31.90 (General
Fund/Other Professional Services).
5. Purchase award to SunGard H1E, Inc. in the amount of $16,910.00 for the
purchase of Procurement Card Software to streamline the recording of
purchasing card transactions into the General Ledger for the Finance
Department. Funding is available from 001-1511-513-66.10 (General Fund/
Software).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH 112 N.E. 7TH STREET: Consider an appeal of the Historic
Preservation Board's decision granting a certificate of appropriateness for new
construction at 112 N.E. 7th Street, located in the Del-Ida Park Historic District.
(Quasi-Judicial Hearing)
05-16-2006
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B. RECONSIDERATION OF A CONDITION OF APPROVAL ASSOCIATED
WITH A CONDITIONAL USE REOUEST/ROYAL PALM BEACH CLUB:
Reconsideration of a condition of approval associated with the conditional use request
to allow a free-standing multiple family development to be known as Royal Palm Club
at Delray Beach in the GC (General Commercial) zoning district, located at the
northeast comer of South Federal Highway and Fladell's Way (2501 South Federal
Highway). (Quasi-Judicial Hearing)
C. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA)/REG ARCHITECTS, INC: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) which
provides for City funding in an amount not to exceed $50,000.00 for work performed
by REG Architects, Inc. to address the City's historic districts and additional
regulations. Funding is available from 001-2511-515-31.90 (General Fund/Other
Professional Services).
D. MORATORIUM/IN-UEU PARKING FEE REOUESTS: Consider a request
from the Parking Management Advisory Board (PMAB) to impose a temporary
moratorium on the approval of in-lieu of parking fee requests until modifications to the
in-lieu fees are codified. Staff recommends denial.
E. LEASE AGREEMENT /FIRST PRESBYTERIAN CHURCH: Consider approval
to renew the parking lot lease agreement with First Presbyterian Church for a five (5)
year period.
F. RESOLUTION NO. 24-06: Consider approval of Resolution No. 24-06 authorizing
the City to purchase property for a public parking garage, located at the southwest
comer of N.E. 15t Street and N.E. 2nd Avenue; and Contract for Sale and Purchase
between the City and the Community Redevelopment Agency (CRA) in the amount of
$6,000.000.00.
G. SPECIAL EVENT REOUEST / ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for June 29, 2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to
N.E. 7th Avenue, S.E. 7th Avenue from Atlantic Avenue to the parking lot entrance
south of Atlantic Avenue, the alley north of Atlantic Avenue between N.E. 2nd Avenue
and Railroad Way, Railroad Way from Atlantic Avenue to the alley just north of Atlantic
Avenue, and N.E. 2nd Avenue from Atlantic Avenue to the alley.
H. RESOLUTION NO. 25-06: Consider approval of Resolution No. 25-06 authorizing
the issuance of Water and Sewer Bonds in the aggregate amount of $7,000,000.00; and
authorize the sale of such bonds to Branch Banking and Trust.
I. FEDERAL AVIATION ADMINISTRATION (fAA)/TERMINAL RADAR
APPROACH CONTROL (fRACON): Consider approval of authorizing the Mayor
to send a letter to the Federal Aviation Administration (FAA) expressing the City's
concern regarding the FAA's decision to move Palm Beach International Airport's
(pBIA) Terminal Radar Approach Control (IRACON) to Miami International Airport.
05-16-2006
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J. WORTHING PLACE DOCUMENTS NEEDED FOR CLOSING: Consider
approval of the Worthing Place Documents needed for closing; and approve any other
documents needed to close.
K. RESCINDING DEFENSE OF FORMER LAW ENFORCEMENT
OFFICER/FORFEITURE OF PENSION: Consider approval of rescinding the
defense of former law enforcement officer, Jack Mackler, and authorization to serve
notice to the Pension Board to forfeit the pension of the former officer due to criminal
convictions.
L. FINAL SUBDIVISION PLAT APPROVAL/TROPIC CAY TOWNHOMES:
Consider approval of the subdivision plat for Tropic Cay Townhomes, an 8-10t, fee-
simple townhouse development, located on the southwest comer of Frederick
Boulevard and Fladell's Way (Avenue "F"). Staff recommends denial.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 26-06: Privately initiated rezoning from A (Agricultural) to R-1-
AAA (Single Family Residential) for the Germantown Road Subdivision, located on the
south side of Old Germantown Road (3426 Old Germantown Road). (Quasi-Judicial
Hearing)
B. ORDINANCE NO. 28-06: Privately initiated amendment to Land Development
Regulations (LOR) Section 4.3.3, "Special Requirements for Specific Uses" and Section
4.3.4(1-1)(4), "Structures Allowed in Setbacks", to allow permanendy installed generators
within required setbacks and providing specific regulations for the location, operation,
and buffering of permanent generators.
C. ORDINANCE NO. 29-06: City initiated amendment to Land Development
Regulations (LOR) Section 4.3.4(.K), "Development Standards Matrix", to clarify
setbacks for structures in residential districts.
D. RESOLUTION NO. 23-06 (RELEASE OF RESERVATION IN PROPERTY):
Consider approval of the release of reservation on property (225 sq. ft.), located near
the comer of A-1-A and Atlantic Avenue; and approve Resolution No. 23-06 and
associated Quit Claim Deed.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
05-16-2006
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12. FIRST READINGS:
. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 12, 2006
05-16-2006
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MAY 2. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 2, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Deputy City Clerk
Mayor Perlman stated he would like to observe a moment of silence in
memory of Carol Lancaster who was an Administrative Assistant for the Police
Department who passed away last week and in memory of Charles Tyson, Jr. who was
the baby that drowned off Lowson Boulevard.
2.
The opening prayer was delivered by Mayor Perlman.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is a revised Item S.P., Revised Downtown
Marketinl! Co-operative Al!reement.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
5.
APROV AL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
April 18, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
05/02/06
Mrs. Montague moved to approve the Minutes of the Special Meeting of
April 20, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Preservation Month - May 2006
Mayor Perlman read and presented a proclamation hereby proclaiming
May 1, 2006 through May 31, 2006 as National Preservation Month. Karen Preston,
Executive Director of the Delray Beach Historical Society, came forward to accept the
proclamation.
6.8. Neurofibromatosis Awareness Month - May 2006
Mayor Perlman noted that this proclamation will be mailed.
6.C. Aid to Victims of Domestic Abuse (A VDA) - 20th Anniversarv
Mayor Perlman read and presented a proclamation hereby congratulating
Aid to Victims of Domestic Abuse on their 20th Anniversary. Pam O'Brien, Executive
Director of A VDA, came forward to accept the proclamation and thanked the City of
Delray Beach and Pat Archer, Board President, for their support.
6.D. National Day of Prayer - May 4.2006
Mayor Perlman stated the National Day of Prayer proclamation will be
read on Thursday, May 4,2006 at noon in observance ofthe National Day of Prayer.
7.
PRESENTATIONS:
7.A. 17th Annual Delaire/Delray Citizens for Delray Police Charity Golf
Tournament Presentation to Police and Fire-Rescue - Perry DonFrancisco
Perry DonFrancisco, President for Delray Citizens for Delray Police,
introduced the President of the Delaire Community Mel Katz, Harvey Lurey, and Dan
Bernheim; and stated for 17 years the residents of Delaire have held their annual golf
tournament and this fundraiser has consistently donated its proceeds to the Delray Beach
Fire-Rescue and Delray Beach Police Department for life saving and crime fighting
equipment.
Harvey Lurey, Chairman of Delaire, stated the Delaire residents have
raised $70,000.00 this year. He thanked Mayor Perlman and Rita Ellis who attended the
lunch and gave speeches and made the Delaire residents feel that they are truly
appreciated.
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05/02/06
Harvey Lurey and Dan Bernheim presented a check to the Police Chief
Larry Schroeder in the amount of $25,000.00. Chief Schroeder stated last year the Police
Department lost a K-9 to health issues. As a result of the donation this year, they are able
to purchase a replacement K-9 and buy new body armor for the detectives in the Vice
Intelligence Unit. Chief Schroeder stated these are items that they cannot always get in
their budget; however, with the efforts of Delaire they are able to make a difference in the
community.
Fire Chief Kerry Koen, echoed comments expressed by Chief Schroeder
regarding the generosity of the Delaire residents and stated the citizens are safer, the
firefighters' are safer and the police officers are safer because of what the Delaire
community has done. Chief Koen thanked the residents of Delaire for everything they
do.
Mayor Perlman stated the generosity is overwhelming and the City of
Delray Beach is deeply appreciative of everything the Delaire residents do.
'.B. S.P.I.R.I.T. (Service. Performance. Inte2ritv. Responsibilitv.
Innovation. Teamwork) Committee Presentation
Dot Blast, Human Resources Consultant, stated the S.P.I.R.I.T. Committee
represents the staff of the City of Delray Beach and these members have volunteered their
services. She presented the Commission with balloons and "Ask Me About S.P.I.R.I.T."
badges. She stated this token represents the intention and commitment to fully embrace
the S.P.I.R.I.T. program and its core values. Ms. Blast stated employees will do their
best to serve the customers both internal and external with excellent performance,
integrity, responsibility, innovation, and teamwork and thanked the City Commission for
providing the S.P.I.R.I.T. Committee with the framework they can use to continue to
improve the service to the citizens of Delray Beach.
'.c. Anti-Litter Poster Contest Winners
Jennifer Buce, Litter Prevention Coordinator, stated the Community
Improvement Department is implementing a new program that is focusing on litter
prevention and she feels a great way to start the program off is to involve the youth and
the community so she ran the poster contest. The purpose of the contest was to promote
awareness of the litter issues in Delray Beach and use the overall winner's poster for
marketing purposes. All the public and private schools were notified and invited to
participate in the contest. Ms. Buce stated she received over 300 posters from American
Heritage, Banyan Creek, S.D. Spady, Unity and Toussaint L'Overture High School. Ms.
Buce announced the following winners of the Anti-Litter Poster Contest (no participation
from the Middle School level):
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05/02/06
Hie:h School Level:
. 1 st Place over all and winner of a $100.00 savings bond - Max
Van Arnem
. 2nd Place and winner of a $75.00 savings bond - Hannah
Jacobson
. 3rd Place - Thomas Jenkins
. Honorable Mention - Duckson Pierre Louis
Elementarv School Level:
. 1 st Place and winner of a $50.00 savings bond - Kimberly Galvin
. 2nd Place - Annie Garner
. 3rd Place - Morgan White
. Honorable Mention - Nikki Sikes
7.D. Miracle Leae:ue Update - Jeff Kadel
h TRI-PARTY OPERATING AGREEMENT/MIRACLE
LEAGUE FIELD: Approve a Tri-Party Operating Agreement
between the City, Miracle League of Delray Beach, Inc. (MLDB),
and Anthony Pugliese, III as Trustee for Anthony V. Pugliese, V
for the Miracle League Field at Miller Park.
Pat Archer stated Jeff Kadel and his wife Julia have worked very hard
putting together the Miracle League organization and noted that Mr. Kadel is serving as
the President and they are very pleased to be here this evening.
Jeff Kadel, stated over the last year they have made much progress,
created various committees and have over 40 volunteers. He stated they have a grant
committee which is run by Sharon L'HerroulWeed & Seed Program, a grant with Coca-
Cola and one with the Baseball Tomorrow Foundation with up to five others coming
along. He stated Walters Zackria Associates (WZA) is doing the preliminary designs and
the layout work (showed the Commission what the field will look like). Mr. Kadel stated
he has a commitment from Bermuda Landscaping who has offered to donate their
landscaping services as well as some if not all the plant material shown on the design.
Coca-Cola will provide the scoreboard and Mr. Kadel is reaching out to the local
concrete and asphalt companies to see if they can help out as well. Mr. Kadel stated he
has been informed that once construction starts on the field it should only take a couple of
months to put it together and has consequently allocated five months in their planning.
Mr. Kadel stated they are now working on a PlayerlParticipation Committee to help get
the word out early and so that by the time the field is ready everyone will know about the
league and the field. Flyers have been distributed to a variety of organizations that work
with special needs children. Mr. Kadel stated they have raised approximately $22,000.00
and they have been given $10,000.00 from the City of Delray Beach, $10,000.00 from
Palm Beach County, Mr. Kadel's company is donating $10,000.00, one of the Board
Member's mother-in-law has pledged $10,000.00 and there is a fraternity and sorority at
FAD that have come together and promised to raise $10,000.00. Mr. Kadel stated the
naming rights sponsor is the biggest sponsorship committing $150,000.00 and is a big
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05/02/06
boost in helping them reach their goal of $500,000.00. The groundbreaking ceremony is
scheduled for October 27, 2006. Mr. Kadel thanked the City Commission for their help
and support.
Mrs. Archer stated Joe Weldon, Director of Parks and Recreation, and his
staff contributed a great deal of time and service to make this happen. In addition, Mrs.
Archer thanked the City Attorney and staff along with Mr. Pugliese who stepped forward
to support his community in Delray. She stated she would particularly like to thank the
City of Delray Beach for having the foresight and understanding that we had to take care
of the special needs children within Palm Beach County.
Prior to the vote, Mayor Perlman suggested that the City of Delray Beach
formally recognize the Pugliese Family for the generous donation.
Mr. Levinson moved to approve the Tri-Party Operating Agreement
between the City of Delray Beach, Anthony Pugliese, III as Trustee for Anthony V.
Pugliese, V and the Miracle League of Delray Beach, Inc. (MLDB) for the Miracle
League Field at Miller Park, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to vote.
7.E.
SQuare
Recoimition of Jan Kucera Winney and Susan Isreal - Circle on the
Melissa Carter, Director of Marketing & Public Relations for Old School
Square, on behalf of the Board of Directors and the staff of Old School Square introduced
Jan Kucera Winney and Susan Isreal who co-chaired the Circle on the Square fundraising
event for the past two years. Ms. Carter stated this started last year as an idea to draw in
young professionals to Old School Square and they brainstormed and came up with this
Circle on the Square food and wine tasting event. Ms. Carter stated the event was very
successful and they raised $50,000.00 this year and there were more than 400 in
attendance.
On behalf of the Delray Beach City Commission, Mayor Perlman read and
presented an award to J an Kucera Winney as recognition of distinguished leadership as
Co-Chair of the Circle on the Square food and wine tasting event benefiting Old School
Square. Jan Kucera Winney came forward to accept the award and recognized the
Committee members and thanked everyone involved.
7.F. "Delray Beach...Get Caueht Readine" Awards - Commissioner Fred
Fetzer; William Fay. Jr.. Principal. Banyan Creek Elementary School; Mary
Stratos. Principal. Carver Middle School; Maria Barber. Head Mistress. Unity
School; and Annette Reizbure. Cold Stone Creamery
Janet Meeks, Education Coordinator, introduced Debbie Kaiser, Chairman
of the Education Board.
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05/02/06
Debbie Kaiser, Chairman of the Education Board, stated after Hurricane
Wilma Mayor Perlman and the Commission proclaimed November 2005 as Delray Beach
Family Literacy Month and the Education Board launched a variety of initiatives to
infuse literacy into existing programs within the community as well as to identify new
opportunities to raise literacy awareness and to help the students succeed in school and
life. Consequently, they developed a proposal for summer academic camp enrichment
for 360 of the Parks and Recreation kindergarten through 5th grade summer campers
driven by the data that shows all children lose 2-3 months of learning over the summer
without enrichment and the low income children lose an even greater amount. She stated
they needed an on-site library and weekly reading events to augment the program. Ms.
Kaiser thanked the Principals and Commissioner Fetzer for coming to the rescue for the
partnership they drove with the Education Board and Cold Stone Creamery. On January
19,2006, they hosted a school showcase of the arts in partnership with Art & Jazz on the
Avenue and three Delray schools (Carver, Unity, and Banyan Creek) and Cold Stone
Creamery where the Principals and Commissioner Fetzer scooped ice cream. She stated
she really appreciates the partnership with the schools and noted that Cold Stone
Creamery is donating 30% of the proceeds for the evening ($350.00) towards books for
the program. In addition, she stated Cold Stone collected over 100 books to add to their
library. Ms. Kaiser presented Maria BarberlUnity, Bill Fay/Banyan Creek, Mary
Stratos/Carver, Commissioner Fetzer, and a representative from Cold Stone Creamery
with a "Super Scooper Award" in appreciation of everything they have done.
'.G. "Principal of the Year" Awards - William Fay. Jr.. Banyan Creek
Elementary School: Tammy Fen!uson. Villae:e Academy: and Lena Roundtree.
Delray Full Service Center
Janet Meeks, Education Coordinator, stated every year the Classroom
Teacher's Association does a survey with their teachers and as a result 18 principals were
selected out of over 160 schools. Mrs. Meeks and Mayor Perlman presented William
Fay, Jr. (Banyan Creek Elementary), Tammy Ferguson, (Village Academy), and Lena
Roundtree (Delray Full Service Center) with "Principal of the Year" Awards in
recognition.
Mayor Perlman stated this community has outstanding Principals.
'.H. Tom Bishop Music Award - Keary Pence. Caryer Middle School
Debbie Kaiser, Chairman of the Education Board, stated the City
Commission and the Education Board recognized Keary Pence for receiving the Tom
Bishop Music Award. She stated this award recognizes band instructors who have
created music programs from the ground up with excellence. Ms. Kaiser stated not only
has Mr. Pence created the Carver Middle School Band but his students have competed in
invited festivals at Universal and the Palm Beach County Music Festivals where the band
has received numerous superior ratings. Ms. Kaiser stated as a result of Mr. Pence's
continued dedication to music, Carver is seeking an expansion of their music program by
the addition of a new chorus program in the coming year.
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05/02/06
At this point, Mayor Perlman presented the Tom Bishop Music Award to
Keary Pence.
Mary Stratos, Principal of Carver Middle School, thanked the City
Commission for recognizing Mr. Pence and stated three character qualities Carver has
been emphasizing with the students is integrity, teamwork, and caring. She stated the
FCA T scores is moving forward and she is very proud of the students. A new building
will be built by 2008 and the IB Program is growing. She stated it is important to note
that the children are growing academically and socially too.
7.1. Bexlev Park Site Plan Presentation - Tim Sharp, CH2M Hill. Inc.
Tim Sharp, CH2M Hill, Inc., gave a brief presentation regarding the site
plan for an 11 acre passive park that will be developed in the residential area of Bexley
Park located off Military Trail near Lake Ida Road. Mr. Sharp stated the design is near
completion and anticipates that construction will begin in the fall.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of April 20, 2006.
8.B. RESOLUTION NO. 22-06: Approve Resolution No. 22-06 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 22-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRA Y BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPANY THE NOTICE OF ASSESSMENT; 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
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05/02/06
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 22-06 is on file in the City Clerk's
office. )
8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/114 N.E. 1st AVENUE:
Approve and accept a right-of-way deed associated with the development of 114 N.E. 1st
Avenue, located on the west side ofN.E. 1 st Avenue between N.E. 1 st Street and N.E. 2nd
Street.
8.D. REQUEST FOR SIDEWALK DEFERRAL/508 NORTH SWINTON
AVENUE: Approve a request to defer the installation of a sidewalk along N.W. 1st
Avenue for 508 North Swinton Avenue. Staff recommends approval.
8.E. GRANT APPLICATIONIUNITED STATES FIRE
ADMINISTRATION/ FIRE ACT GRANT: Authorize staff to submit a Fire Act Grant
application to the United States Fire Administration for funding in the amount of
$84,925.00 with a 20% local match of $21,231.00 from the City for the replacement of
two (2) Special Events Response vehicles.
8.F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of$315,702.35 for the City's out of school program,
day camps, and summer camp programs.
8.G. MOTOROLA SERVICE AGREEMENT: Approve an annual service
agreement with Motorola in the amount of $117,090.84 for service of the City's portable
radios and the equipment used for the City's 800 MHz dispatch system. Funding is
available from various departmental budgets.
8.H. SPECIAL EVENT REQUEST/9TH ANNUAL DOWNTOWN
DELRA Y CRAFT FESTIVAL: Approve a special event request for the 9th Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May
27 and May 28, 2006.
8.1. ADDENDUM NO. l/FLORIDA COMMUNITIES TRUST (FCT)
GRANT CONTRACT: Approve Addendum No. 1 to the Florida Communities Trust
(FCT) Grant Contract which provides for an extension of the grant expiration date to
August 31, 2006.
8.J. REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY
PARKING LOT: Approve a request to extend the closing hours to 12:00 a.m.
(midnight) at the Sandoway Parking Lot on Friday, June 23, 2006 to accommodate the
Atlantic High School Class of 1976 Thirty Year Reunion.
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05/02/06
S.I(. AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY
COURTHOUSE GARAGE: Approve the renewal of the license Agreement between
the City and Palm Beach County for the utilization of the South County Courthouse
Garage on Thursday, Friday, and Saturday evenings and Sunday afternoons.
S.L. FINAL PAYMENTIRANDOLPH & DEWDNEY CONSTRUCTION.
INC.: Approve final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
Funding is available from 334-6111-519-62.10 (General Construction FundlBuildings).
S.M. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)!FINAL
PAYMENT/ MEF CONSTRUCTION. INC.: Approve Change Order No.1
(Contract Closeout) in the amount of a $46,670.39 decrease and final payment in the
amount of$33,737.48 to MEF Construction, Inc. for completion of the S.W. lih Avenue,
S.W. 11th Avenue, and S.W. 3rd Street Infrastructure Improvements Project. Funding is
available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/S.W. lih Ave., S.W. 11th Ave., and S.W. 3rd St.).
S.N. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)!FINAL
PAYMENT/ MEF CONSTRUCTION. INC./HIGH POINT WATER MAIN
INTERCONNECT: Approve Change Order No. 1 (Contract Closeout) in the amount of
a $10,413.04 decrease and final payment in the amount of $7,814.15 to MEF
Construction, Inc. for completion of the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer Renewal & Replacement
Fund/High Point Interconnect).
S.O. CHANGE ORDER NO. 5 (CONTRACT ADDITION)!CHAZ
EQUIPMENT COMPANY. INC.: Approve Change Order No.5 (Contract Addition)
in the amount of $9,800.60 to Chaz Equipment Company, Inc. to the Swinton Avenue
Beautification Project for the application of "Tnemec" brand paint to the liquid chlorine
bulk storage secondary containment area in compliance with EP A (Environmental
Protection Agency) standards. Funding is available from 442-5178-536-64.45
(Water/Sewer Renewal & Replacement Fund/Gas Chlorine Conversion).
S.P. REVISED DOWNTOWN MARKETING CO-OPERATIVE
AGREEMENT: Approve a Revised Downtown Marketing Co-operative Agreement
(formerly known as the Joint Venture) with the City, Community Redevelopment
Agency, Downtown Development Authority, and the Chamber of Commerce to combine
all previous agreements into one revised agreement.
~ AUTHORIZATION TO FORECLOSE/700 AVENUE CHAUMONT/
CHATELAINE: Authorization to foreclose on 700 Avenue Chaumont, Chatelaine, due
to code enforcement liens.
S.R. CLASS ACTION LAWSUIT/STARWOOD HOTELS
(SHERATON/WESTIN HOTELS): Approve participating in a class action lawsuit
regarding Starwood Hotels, including Sheraton and Westin Resorts, for breach of
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05/02/06
contract for failure to notify guests that a "resort fee", facility fee" and/or "convenience
fee" would be imposed.
8.S. RESOLUTION NO. 26-06: Approve Resolution No. 26-06 supporting
Lake Worth Drainage District's funding request of two (2) million dollars from the
Florida Legislature for the L-40 Berm Enhancement Project.
The caption of Resolution No. 26-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING
LAKE WORTH DRAINAGE DISTRICT'S REQUEST OF
TWO (2) MILLION DOLLARS FROM THE FLORIDA
LEGIS LA TURE FOR THE L-40 BERM ENHANCEMENT
PROJECT.
(The official copy of Resolution No. 26-06 is on file in the City Clerk's
office.)
8.T. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award, which exceeds the maximum
amount of $35,000.00, to an eligible family under the Community Development Block
Grant (CDBG) Program, in the amount of$61,940.00 to JMosca Builders, LLC (23 N.W.
9th Street). Funding is available from 118-1963-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
8.U. AWARD OF BIDS AND CONTRACTS:
3.
Contract award to Needham Roofing, Inc. in the amount of
$259,663.00 for the Pompey Park Center Re-Roofing
Project. Funding is available from 334-4172-572-46.10
(General Construction Fund/Building Maintenance).
Contract award to Kilbourne & Sons in the amount of
$34,350.00 for the restorations to the asphalt driveways in
the Chatelaine Neighborhood required after sidewalks were
recently installed. Funding is available from 334-6130-
541-63.89 (General Construction Fund/Neighborhood
Enhancements).
Purchase award to R&S Integrated Products and Services,
Inc., as a sole source vendor, in the amount of $20,880.00
for the purchase of an add-on to the current LaserFiche
Document Imaging System; including the purchase of a
document imaging scanner, licenses, set-up, training and
software for the Finance Department. Funding is available
from 001-1511-513-64.11 (General Fund/Computer
Equipment).
1.
2.
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05/02/06
4.
Purchase award to Sensus Metering Systems, as a sole
source purchase, in the amount of $102,600.00 for the
purchase of 800 transceiver units required to upgrade
existing water meters to radio water meter reading
equipment for the Finance Department. Funding is
available from 442-5178-536-52.31 (Water/ Sewer
Renewal & Replacement Fund/Water Meter Replacement
under $750).
Contract award to Guidance Group in the total estimated
amount of $75,996.43, as a sole source vendor, for the
repairs and/or replacement of several "Wayfinder" Signs
damaged by Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property
Claims).
Contract award to Castle Florida General Contractor in the
amount of $24,000.00 for repairs to Cason Cottage due to
Hurricane Wilma. Funding is available from 551-1575-
591-45.50 (Business Insurance Fund/Property Claims).
5.
6.
7.
Purchase award to PC Universe in the amount of
$18,248.00 for the purchase of PIX hardware for the Police
firewall to include unrestricted software, failover software,
ethemet card, maintenance, and fiber optic cables. Funding
is available from 001-2113-521-64.11 (General
Fund/Computer Equipment).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.C. of the Regular
Agenda.
9.C. MUNICIPAL UNDERGROUND UTILITIES CONSORTIUM
(MUUC): Consider a request that we join the Municipal Underground Utilities
Consortium (MUUC) regarding Florida Power & Light's (FPL) recent tariff filing
offering a 25% credit for local government underground electric service conversion
projects.
The City Manager stated the City of Delray Beach received a request from
the Town of Palm Beach that the City of Delray Beach consider becoming a part of this
consortium. Florida Power & Light (FPL) has proposed some tariff changes that would
allow some funding for underground electric service conversion projects. He stated the
consortium would have an expert evaluate the proposed tariffs and be involved in
hearings before the Public Service Commission.
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05/02/06
Mr. Levinson suggested that there be a cap placed on the amount.
Mr. Levinson moved to approve that the City of Delray Beach join the
Municipal Underground Utilities Consortium (MUUC) with a cost not to exceed
$2,000.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.G. of the Regular
Agenda.
9.G. ABATE LAWSUITIVISTA DEL MAR. L.C. V. CITY OF DELRAY
BEACH: Provide direction regarding whether or not to abate the civil lawsuit in Vista
Del Mar, L.C. v. City of Delray Beach pending the outcome ofthe appellate case.
Mr. Levinson moved to approve to abate the new lawsuit in Vista Del
Mar, L.C. v. City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman
- No; Mrs. Ellis - No; Mr. Fetzer - No. Said motion was DENIED with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-06: An ordinance amending Chapter 101,
"Municipal Parks, Beaches and Other Recreational Sites", of the Code of Ordinances by
amending Section 101.23, "Criminal Trespass", to clarify that buildings shall include but
not be limited to lifeguard towers. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 22-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 101, "MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL SITES", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 101.23,
"CRIMINAL TRESPASS", TO CLARIFY THAT
BUILDINGS SHALL INCLUDE BUT NOT BE LIMITED
TO LIFEGUARD TOWERS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 22-06 is on file in the City Clerk's
office.)
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05/02/06
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 22-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 22-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
to.B. ORDINANCE NO. 23-06: An ordinance amending Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances by amending Section
36.01, "Compliance with Standard Practice Instructions", to provide that invitations to
negotiate are exempt from the requirements of Chapter 36. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 23-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 36.01, "COMPLIANCE
WITH STANDARD PRACTICE INSTRUCTIONS",
TO PROVIDE THAT INVITATIONS TO
NEGOTIATE ARE EXEMPT FROM THE
REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 23-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 23-06,
the public hearing was closed.
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05/02/06
Mr. Fetzer moved to adopt Ordinance No. 23-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
to.C. ORDINANCE NO. 24-06: An ordinance amending Chapter 35,
"Employees Policies and Benefits", of the Code of Ordinances by amending Section
35.097, "Retirement Income; Basis, Amount, and Payment", to provide for payment of
Lump-Sum Distributions in excess of$I,OOO.OO. Prior to consideration of passage ofthis
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 24-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT", TO
PROVIDE FOR PAYMENT OF LUMP-SUM
DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY
UPON THE WRITTEN ELECTION OF A MEMBER OR
DESIGNATED BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; A VALIDITY
CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 24-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 24-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, Mr. Levinson left the dais.
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05/02/06
10.D. ORDINANCE NO. 25-06: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions" of the Code of Ordinances by amending
Section 33.62, "Benefit Amounts and Eligibility", to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 25-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY", AND SECTION 33.67 "OTHER
PROVISIONS", TO PROVIDE FOR PAYMENT OF
LUMP-SUM DISTRIBUTIONS IN EXCESS OF
$1 ,000.00 ONLY UPON THE WRITTEN ELECTION
OF A MEMBER OR DESIGNATED BENEFICIARY;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 25-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 25-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
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05/02/06
11.A.
City Manal!:er's response to prior public comments and inquiries.
In response to a prior comment expressed by Mrs. Finst as to whether the
City should implement a Central Business District (CBD) associated with the Design
Guidelines in other districts throughout the city, the City Manager stated the setbacks
within the Design Guidelines provide additional setbacks at three stories and above to
mitigate the impact of structures that have minimal front setbacks (usually five or ten
feet) within the Central Business District (CBD). The other zoning districts outside the
downtown core have much greater front setbacks usually 25 feet to 30 feet which in
themselves minimize any "canyonization" affect and therefore the need for any additional
upper story setbacks.
With regard to a prior concern expressed by Ilyne Cooper about the vacant
lot that is the future site of the Western Community Center. The City's in-house
construction crew began clearing underbrush on the site and will continue this activity for
the next week or so until all the underbrush is cleared, then a contractor will haul it away.
He stated this should be finished before the end of the month.
With regard to a prior comment expressed by Ms. Johnson about the vote
in the last election and that the citizens were engaged and came out to vote in historic
numbers, the City Manager stated in looking back at prior elections the turnout for this
past election was 22%, the 2000 election was 27%, the 1999 election was 21 %, the 1991
election was 20%, and in 1992 there was a referendum along with the election and the
turnout was 42%.
11.B.
From the Public.
I1.B.1. Alice Finst. 707 Place Tavant. Delrav Beach. speaking on behalf of
Progressive Residents of Delray (P.R.O.D.), expressed concern over the number of
demolitions around town leaving vacant properties within chain link fence and flapping
green barriers. Mrs. Finst stated P.R.O.D. is particularly concerned with the Post Office
property where a demolition occurred but no site plan was presented to SPRAB (Site Plan
Review and Appearance Board). She asked if the Commission can require a site plan
before demolition occurs and require some kind of bond to see that the project is
completed. She asked if something can be done to prevent these vacant parcels of land.
I1.B.2. Shirley E. Johnson. 701 N.W. 4th Street. Delrav Beach. stated she
stands corrected with regard to her comments at the April 18, 2006 City Commission
meeting and noted she did not do her homework on all of the elections. Ms. Johnson
stated she should have specified that "in specific precincts it may have been a historic
turnout" .
Secondly, she commended City staff (in particular Jennifer Buce, Litter
Prevention), and everyone who has been involved in the litter pickup in the northwest
section. Ms. Johnson stated the appearance of the neighborhood has improved and she
appreciates it.
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05/02/06
11.B.3. Carol Gevirts. 1061 Oranee Terrace #101. Delrav Beach. stated she is
surprised to see that notices were being given out about the Commission being televised.
She stated the elderly people are interested in what is going on in Delray Beach; however,
the majority of them do not have a means of getting to City Hall. She stated if the City
Commission meetings were televised, those who are housebound, and those who cannot
afford to own a car and buy gas to make it here, could get the information from the
television. Ms. Gevirts urged the Commission to consider televising the City
Commission meetings because she feels the community should know about all the nice
things that are going on in Delray Beach.
11.B.4. Shelly Weil. 925 Greensward Lane. Delray Beach (President of The
Hamlet). speaking on behalf of The Hamlet, stated for the last 25 years The Hamlet has
had numerous fundraisers for various causes (i.e. Komen Cure for Breast Cancer, ADL,
etc.) and usually they give $10,000.00 to the Police, $10,000.00 to Fire, $10,000.00 to
EMS) and the balance would go to United Way. Mr. Weil stated they found that there
were two other good causes in town (i.e. Delray Beach Public Library and Old School
Square) and as a result this year, The Hamlet will be giving $20,000.00 to Police,
$20,000.00 to EMS, $14,000.00 to the Delray Beach Library, and $14,000.00 to Old
School Square. Mr. Weil stated they do these things because they are so proud to be a
part of the City of Delray Beach and he thanked the Commission for their support.
11.B.5. Abbey Weiss. 809 N.E. 1st Street. Delray Beach. stated at the last City
Commission meeting she expressed concern over the graffiti under the Atlantic Avenue
Bridge at Veteran's Park and how she contacted Community Improvement and they said
they would take care of it. In addition, she stated she would be a "watchdog" and make
sure that there was no more graffiti under the bridge. Ms. Weiss stated the graffiti under
the bridge has been taken care of and she thanked Community Improvement (Lula Butler
and Darcy Tyson). Additionally, Ms. Weiss stated she was contacted by a representative
of the Public Arts Advisory Board who told her that a plan had been established for the
art project that is going to be done under the bridge. She stated she is very happy that the
graffiti is gone and extended kudos to the Community Improvement staff.
Secondly, Ms. Weiss stated on Monday, May 8, 2006 at 3 :00 p.m. at the
Delray Beach Public Library the organization she is with will be presenting a $5,000.00
grant. This grant will be used for the summer camp program to provide books for the
children which is part of the new literacy program that will be included in the summer
camp program and is part ofthe "Get Caught Reading" initiative.
11.B.6. Mark Fields. 414 Seasaee Drive #5. Delray Beach. stated if he is
understanding the law correctly the crosswalks on A-I-A that are marked with the white
X's and lines through them means operators of vehicles are supposed to stop for any
pedestrian and commented that this never happens. He stated in some communities there
are small markers put on the sides to alert pedestrians that they have the right-of-way.
Mr. Fields stated it is the responsibility of vehicle operators to know that when someone
is coming across the crosswalk, we are supposed to stop. He expressed concern that
eventually someone is going to get killed on A-I-A.
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05/02/06
Secondly, he expressed concern over the inordinate amount of pedestrian
traffic trying to cross from the Blue Anchor over to Atlantic Plaza both during the
evening and daytime hours and commented people are using this as a crosswalk. Mr.
Fields stated someone is also going to get killed here and assuming that something goes
in where the Atlantic Plaza is, there will be even more traffic. He stated there has to be a
plan for a crosswalk and suggested that people be encouraged to go to 7th Avenue or have
some other kind of crosswalk installed.
At this point, the time being 7:17 p.m., the Commission moved back to the
Regular Agenda.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE REOUESTSNILLAGE PARe: Consider two
(2) conditional use requests to allow the construction of 104 townhome units within
sixteen (16) buildings (stand alone residential development) and allow a density in excess
of 12 units per acre (17.8 dulac proposed) pursuant to Land Development Regulations
(LDR) Section 4.7, "Workforce Housing", for Village Parc, located on the east side of
North Federal Highway, approximately 2,300 feet south of Gulfstream Boulevard (former
Delray's Lost Drive-In site). (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Janet K. Whipple, Deputy City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had some conversation with the developer and
several people from the development. Mayor Perlman stated he had a few conversations
several months ago with the development team. Mrs. Ellis stated she too has had
conversations with the development team several months ago. Mr. Fetzer stated he has
had discussions with one of the property owners adjacent to the Second Chance
Emporium.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-054 into the record.
Mr. Dorling stated this is a 7.81 acre site and is currently the location of
the Delray's Lost Drive-In/Swap Shop. The proposal involves two conditional uses; the
first conditional use request is to allow for the construction of 104 townhome units in
sixteen (16) buildings as a stand alone residential development in the General
Commercial (GC) Zoning District. The second conditional use request is to allow an
increase in density overall for the site between 12 and 18 units to the acre subject to the
provisions of Article 4.7 which is the family workforce housing ordinance recently
passed by the City Commission. The staff report outlines the required findings that need
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05/02/06
to be made to achieve the increase in densities between RM-6 and RM-12 and those
performance standards under Section 4.4.6 have been met with this project. Mr. Dorling
stated there are a few minor conditions that need to be met but will be addressed at the
SPRAB approval process. There are 134 total dwelling units proposed on the site for an
overall density of 17.81. The applicant has proposed fifteen owner occupied moderate
income workforce units within the mixed use buildings that are along Federal Highway.
This provision would allow an additional density bonus of 45 additional units above the
12 units per acre and 41 is being sought at this time. Mr. Dorling stated the required
findings with respect to Section 4.4.6 and 4.4.7 and 2.4.5(E)(5) are made in the staff
report.
At its meeting of April 13, 2006, the Community Redevelopment Agency
(CRA) considered this project and recommended approval. The CRA suggested that the
City may want to examine the feasibility of the developer providing a right turn lane into
the project and Mr. Dorling stated staff will take a look at this during the site plan
process.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing and after discussing the proposal they recommended approval with a 7 to 0
vote. There was one member of the public that expressed some concern that the existing
access to the property be maintained throughout construction. Staff recommends
approval subject to the conditions outlined in the staff report with an added condition that
all existing access right-of-ways to adjacent properties in regards to means of egress be
maintained at all phases during project construction.
Mayor Perlman stated if anyone would like to speak in favor or III
opposition of the conditional use requests, to please come forward at this time.
Mitch Kushner. 1802 N. Military Trail. Boca Raton. stated he is proud
of this development and noted there will 15 workforce housing units. He thanked the
staff and City Commission for their support.
At this point, Janet K. Whipple, Deputy City Clerk, swore in the following
individual:
Abbev Weiss. 809 N.E. 1st Street. Delrav Beach. stated it is very
commendable that the community is starting to see efforts being made by developers in
order to include workforce housing and thanked Mr. Dorling for his efforts.
The following individuals gave a brief rebuttal:
Michael J. Covelli. Al!ent. stated he would like to make it clear that this
is not a situation where as it may be perceived that the workforce housing was pushed out
in the front of this project. Mr. Covelli briefly reviewed the elevations and stated this
project is truly a mix of condominium and workforce units all in one building.
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05/02/06
Mayor Perlman asked if the workforce housing ordinance includes a
provision that there should be no difference between the quality of the units and that they
are supposed to be mixed in. Mr. Dorling stated the workforce housing units have to be
comparable (i.e. including the appliances and air conditioning units).
Mrs. Montague asked if the ordinance stipulates that workforce housing is
to be scattered throughout a project and does it tell geographically where these units are
to be located. Mr. Dorling stated the ordinance contains a general statement that you do
not want to concentrate workforce housing units within a project and that they need to be
spread out. There is not a requirement that they be in all areas of a development but that
they are intermingled.
Mr. Levinson thinks the project is great.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Prior to the vote, Mayor Perlman commended the development team for
working on the workforce component and stated it is greatly appreciated.
Mrs. Montague moved to approve the Board Order as set forth, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 5 to 0 vote.
9.B. CONDITIONAL USE REOUEST/PROFILES IN CONCRETE:
Consider a request to allow an existing ornamental cast concrete/stone manufacturing
facility (Profiles In Concrete) to accommodate an outside storage area and dumpster,
located on the northeast comer of Poinsettia Drive and Lime Lane. (Quasi-Judicial
Hearing)
Janet K. Whipple, Deputy City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-017 into the record.
Mr. Dorling stated this is a request to establish an outside storage area for
an existing ornamental cast, concrete, and manufacturing facility known as Profiles in
Concrete. Mr. Dorling stated the black lot is the outside storage and noted they had been
previously cited by Code Enforcement in the parking areas and as a response they have
purchased an additional lot and have come in to provide this outside storage area. The
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development proposal is to construct a 9,945 square foot outdoor storage area and
includes installation of an associated dumpster and landscaping.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the review of the Conditional Use modification
request and the Board voted 7 to 0 to recommend approval subj ect to the three
conditions: (1) approval of a site plan by SPRAB that is in general conformance to the
submitted site plan and addresses the Exhibit "A" - Technical Items and conditions of
approval attached to staff report; (2) that a dumpster enclosure detail which indicates
dimensions, screening, and materials proposed, and vision obscuring gates to be
provided; and (3) that no work is to be conducted outside in this storage area (i.e. no
sanding, cutting, forming, or treatment of the concrete products. Mr. Dorling noted that
this is in the Wallace Redevelopment area and just to the east is a single family home and
single family homes are considered non-conforming in the industrial district; however,
there is some landscape treatment that has been provided along there to provide adequate
buffering.
Jason Mankoff. Attornev with Weiner & Aronson. P.A.. 102 N.
Swinton Avenue. Delrav Beach. representing Profiles in Concrete, stated this started as
a small business and there were some issues with storage code violations. He stated they
adopt the staff report and its findings and agree with all the conditions. In addition, Mr.
Mankoff stated they meet the intent of the Wallace Redevelopment Plan and meet the
requirements as stated in the Board Order concerning the Comprehensive Plan, the
LDR's, and the required findings relating to outside storage.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the conditional use modification request, to please come forward
at this time.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to approve the Board Order as set forth, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.D. EVALUATION AND APPRAISAL REPORT (EAR): Discuss the
major issues to be included in the Comprehensive Plan Evaluation and Appraisal Report
(EAR).
Ron Hoggard, Senior Planner stated this item deals with the required
component the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan.
Prior to 1998, all the requirements of the year were uniform; however, because of new
legislation allows local government to evaluate only those issues that affect the local
jurisdiction. These are the issues that affect the City's ability to achieve its goals. Mr.
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Hoggard stated he included a copy of all the current goals from the elements (10) in the
staff report. Staff identified seven (7) major issues that were reviewed and agreed upon
by the Planning and Zoning Board. On April 24, 2006, a kick-off meeting for public
participation in the EAR process was held. He stated approximately 70 people were
present and participants identified additional issues which they felt should be included in
the EAR. Mr. Hoggard stated the Commission can accept the seven (7) elements agreed
upon by staff and the Planning and Zoning Board and modify the text of any of these
elements. Mr. Hoggard stated staff is trying to identify the ones to send to the state to
agree upon what we are' going to evaluate in our plan.
Mr. Fetzer asked what the timeline is in order to meet the requirements. In
response, Mr. Hoggard stated the EAR is actually due in January and staff is planning to
go before the Planning and Zoning Board in June and to the City Commission in July.
Staff anticipates the adoption to be in September.
Mr. Levinson commented about the additional issues suggested by the
EAR participants and stated #8 is included in #1 and is redundant. He stated #9 is not an
accurate statement considering the parks that are being built in the downtown and
suggested that this be changed to "Is there a loss or maintenance of green space in the
downtown area?" Mr. Levinson stated #12 is really not an EAR issue.
Mayor Perlman commented about item #5. Mr. Hoggard stated these are
issues staff is looking at and does not necessarily mean that there is a problem. Mayor
Perlman stated the City is actually doing the Reclaimed Water Projects. Mr. Hoggard
stated these items will all be identified.
Brief discussion between staff and the Commission followed.
Mrs. Montague commented about Item #11 and asked what area this is
referring to. In response, Mr. Hoggard stated basically the issue is that the City does not
have design guidelines in other areas of the City other than the downtown.
The City Manager stated there are much greater setbacks in the downtown
area. He suggested that #9 state "whether existing regulations are adequate to control
building mass in areas of the city outside the downtown."
After discussion, with regard to the participant's suggestions the
Commission agreed that #8 & #10 is already identified in #1 of staffs recommended
issues, #9 is amended as suggested by staff, # 11 is amended as amended by staff, and # 12
is not really appropriate. It was the consensus of the Commission to accept the seven (7)
issues provided by staff.
Mrs. Ellis moved to approve the list of major issues items #1-7 and the
addition of #9 and #11 as amended, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
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05/02/06
9.E. EVALUATION AND APPRAISAL REPORT (EAR) COMMITTEE
MEMBERS: Consider appointment of Evaluation and Appraisal Report (EAR)
Committee Members.
Mayor Perlman suggested that rather than exclude anyone from these
committees that everyone be invited to participate. He stated that the elements can be
broken into the four committee structures (i.e. Future Land Use, Transportation, Housing,
Public Facilities, Coastal Management, Conservation, and Open Space & Recreation).
He suggested that this be done charette style in small groups facilitated by a staff person
at each of the tables and have intelligent debate in a safe atmosphere where people can
really feel an ability to participate and have their views heard. Mayor Perlman suggested
that we make the community the committee and have a good conversation around these
four elements.
Mr. Levinson stated this is a great idea and suggested that the City
Manager assign the key department heads who are appropriate for the particulars and that
these groups be comprised of approximately 10-15 facilitators per table.
Mr. Fetzer stated he too feels this is a great idea and would like to hear
from all of the residents.
Mrs. Montague suggested that there be proper representation with regard
to race, cultures, religion, income levels, and geographic levels. She stated aside from
the essential information, that people state their profession and/or their interest. She
emphasized to staff to reach out to the homeowners' associations and that there is a cross
section of residents.
Mrs. Ellis moved to approve to make the community the Committee as the
public participation strategy of the Delray Beach City Commission, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Consider the actions and decisions made by the Land Development Boards
for the period April 17, 2006 through April 28, 2006.
At this point, Mayor Perlman stepped away from the dais.
Mr. Levinson moved to appeal the Historic Preservation Board's decision
on item #3, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes.. Said
motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve the balance of the appealables, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson-
Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with
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05/02/06
a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.H. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Ellis (Seat #1).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais. Vice Mayor Ellis passed the gavel to
Deputy Vice Mayor Fetzer and made the following motion.
Mrs. Ellis moved to appoint William Branning to the Community
Redevelopment Agency (CRA) for an unexpired term ending July I, 2008, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to
o vote.
9.1. APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice-
Chairman to the Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Mrs. Montague moved to appoint Lamar Shuler as Chairman to the
Community Redevelopment Agency Board, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
At this point, Vice Mayor Ellis passed the gavel to Deputy Vice Mayor
Fetzer and made the following motion:
Mrs. Ellis moved to appoint Frank Wheat as Vice Chairman to the
Community Redevelopment Agency Board, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson left the dais and the rest of the Commission
moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 26-06: Privately initiated rezomng from A
(Agricultural) to R-1-AAA (Single Family Residential) for the Germantown Road
Subdivision, located on the south side of Old Germantown Road (3426 Old Germantown
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Road). If passed, a public hearing will be scheduled for May 16, 2006.
The caption of Ordinance No. 26-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED A (AGRICULTURAL) DISTRICT TO R-l-AAA
(SINGLE FAMILY RESIDENTIAL); SAID LAND
BEING A PARCEL LOCATED AT THE SOUTHEAST
CORNER OF OLD GERMANTOWN ROAD AND
RABBIT HOLLOWE DRNE, AS MORE
PARTICULARLY DESCRffiED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 26-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a 2.48 acre
site and has an Agricultural Zoning designation and contains a one-story 5,976 square
foot single family residence, built in 1967, and a one-story 938 square foot single family
residence, built in 1950.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with this rezoning request. Several residents from the
Rabbit Hollowe and V erona Woods subdivisions had questions concerning
environmental uses, increase in density, and access concerns from Old Germantown
Road. After reviewing the staff report and discussing the proposal, the Board voted 7 to
o to recommend approval ofthe rezoning request. Staff also recommends approval.
Mr. Fetzer moved to approve Ordinance No. 26-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
12.B. ORDINANCE NO. 27-06: City initiated amendment to Land
Development Regulations (LDR) Section 2.4.6(E), "Tree Removal Permit", Section
4.6.19, "Tree Protection", and Appendix "A", "Definitions", to provide for the
designation and protection of historic trees; and to provide for a penalty of $500.00 for
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05/02/06
the removal of any historic tree without a permit. If passed, a public hearing will be
scheduled for May 16, 2006.
The caption of Ordinance No. 27-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH,
FLORIDA, AMENDING APPENDIX "A" TO PROVIDE
A DEFINITION FOR "HISTORIC TREE"; BY
AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", SECTION 2.4.6(E), "TREE REMOVAL
PERMIT" IN ORDER TO INCLUDE HISTORIC TREES
AMONG THOSE THAT ARE UNLAWFUL TO
REMOVE AND TO CLARIFY THAT A PERMIT FOR
REMOVAL IS REQUIRED FOR ALL ZONING
DISTRICTS INCLUDING SINGLE FAMILY, TO
REQUIRE THAT AN APPROVED SITE/LANDSCAPE
PLAN OF RECORD BE SUBMITTED WHERE
APPLICABLE SHOWING THE LOCATION OF TREES
IN RELATION TO ALL NEW DEVELOPMENT AND
TO PROVIDE A PENALTY FOR REMOVING A
HISTORIC TREE WITHOUT A PERMIT; AMENDING
CHAPTER FOUR, "ZONING REGULATIONS",
SECTION 4.6.19, "TREE PROTECTION", IN ORDER
TO PROVIDE FOR THE DESIGNATION AND
PROTECTION OF HISTORIC TREES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. She recommended
that staff re-visit the definition of "historic tree" and change the wording to state "has
been identified on a site/landscape plan".
Paul Dorling, Director of Planning and Zoning, stated the Planning and
Zoning Board considered this ordinance at two of their meetings. The first meeting they
sent it back for some revisions and some of the revisions came forward including the
suggestion for a penalty for removal of historic trees. However, at their April 17, 2006
meeting they had significant discussion and continued to feel that the penalty of $500.00
was too lenient and there was significant discussion about the requirement that tree
removal permits on single family lots was too onerous on the single family property
owner. After significant discussion, the Board voted 4 to 3 to recommend approval of the
amendment.
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05/02/06
Mr. Levinson suggested that this proposed tree ordinance be placed on a
Workshop meeting to discuss revisions.
Mr. Levinson moved to approve to table Ordinance No. 27-06, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion to TABLE passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 28-06: Privately initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific
Uses" and Section 4.3.4(H)(4), "Structures Allowed in Setbacks", to allow permanently
installed generators within required setbacks and providing specific regulations for the
location, operation, and buffering of permanent generators. If passed, a public hearing
will be scheduled for May 16,2006.
The caption of Ordinance No. 28-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING A NEW SUBSECTION 4.3.3(ZZ),
"PERMANENTLY INSTALLED GENERATORS", TO
PROVIDE FOR THE REGULATION OF
PERMANENTLY INSTALLED GENERATORS; AND
BY AMENDING SECTION 4.3.4(H)(4), "STRUCTURES
ALLOWED IN SETBACKS", TO ALLOW FOR
PERMANENTLY INST ALLED GENERATORS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the LDR's currently
do not allow generators and required setbacks; however, staff has been considering them
a kin to air conditioners and allowing them in required setbacks up to a maximum height
of three feet. The newer models are greater than three feet and have run into some issues
at the building department stage and noted this is a privately initiated proposal to increase
that to 4.5 feet which accommodates the newer generators which are higher because of
sound substances that are placed in them. The ordinance also adds and delineates some
specific requirements that address the location, operation, the periodic testing of them and
buffering of permanent generators. Staff recommends approval.
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05/02/06
At its meeting of April 17, 2006, the Planning and Zoning Board
considered this item and voted 7-0 to recommend approval of the proposed amendment.
Mr. Levinson moved to approve Ordinance No. 28-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
At this point, Mrs. Ellis stepped away from the dais.
n.D. ORDINANCE NO. 29-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix", to
clarify setbacks for structures in residential districts. If passed, a second public hearing
will be scheduled for May 16,2006.
The caption of Ordinance No. 29-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX",
TO CLARffY THE SETBACK FOR THE THIRD
STORY OF A THREE STORY BUILDING IN
RESIDENTIAL ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated as currently written
there is some confusion as to whether the increased setbacks apply to the entire structure
or the third story component only. A building that is only one or two stories in front and
3 stories in the rear does not have the same impact at the front property line as one which
is entirely 3 stories high. The proposed amendment is to clarify this difference and apply
the increased setback for 3-story buildings only to those portions of the building which
are actually 3 stories in height.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing and voted 7 to 0 to recommend approval ofthe amendment.
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05/02/06
Mr. Fetzer moved to approve Ordinance No. 29-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said
motion passed with a 4 to 0 vote.
At this point, Mrs. Ellis returned to the dais and the Commission moved to
Item 13, Comments and Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manae:er
The City Manager apologized for being late and explained his wife was
watching two of their grandchildren (one of whom is ill) and she needed to go to
Walgreen's Pharmacy for a prescription and he had to watch them while she was gone.
13.B. City Attornev
The City Attorney stated the City closed on the Auburn Trace property.
B.C.
City Commission
B.C. I.
Mr. Fetzer
Mr. Fetzer stated the Commission appointed him as the liaison to the
Education Board and he is enjoying his assignment. He stated he is trying to get familiar
with the organizations that are participating on that Board. Mr. Fetzer stated he attended
an open house at the Milagro Center and noted that they have an after school program for
the children in the southwest neighborhood. He stated they do an excellent job and
distributed a flyer regarding a spring showcase they are going to have. He stated the
Milagro Center is a dedicated facility with many dedicated young people.
13.C.2.
Mrs. Ellis
Mrs. Ellis commended Mayor Perlman for his idea regarding the
communi ty charettes.
13.C.3.
Mrs. Montae:ue
Mrs. Montague stated April was Fair Housing Month and the Realtors
Association of the Palm Beaches, as well as, the Fair Housing Board for Palm Beach
County have gathered forces and do an annual essay and poster contest which is
advertised among the public schools throughout Palm Beach County. She stated it targets
3rd graders, 7th graders, and 11th graders. The winning poster and essay award went to
Julie Harris from Atlantic High School.
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05/02/06
Secondly, Mrs. Montague stated she missed the last Commission meeting
because she was in Tallahassee lobbying for affordable housing issues and appreciated
that the Commission deferred the CRA appointment for Chairman and Vice Chairman.
Mrs. Montague stated the City of Delray Beach is held as a model for the state and the
state legislators are looking to the counties and cities to come up with innovative and
long-term ideas. She stated we will have to come up with innovative ideas ourselves and
then go to the state legislature to ask for funding.
Mrs. Montague stated she is the liaison for Orchard View Elementary
School and was invited there last week for Arbor Day. She thanked Carole Crilley,
Principal of Orchard View Elementary as well as Mrs. Leslie Wachtel (a 5th grade
teacher) for giving her a tour. She stated a special thank you to ZOM, Inc. who donated
materials (i.e. mulch, plants, trees, and flowers) to help replace the plantings that the
school lost from the hurricane. She stated the 5th grade class was dragging bags of mulch
and planting trees and as a result Orchard View Elementary School is now a beautiful
facility again.
13.C.4.
Mr. Levinson
Mr. Levinson stated he is not very pleased with the Legislature and stated
they are continuing to assault the cities whether it is telecommunications, cable television
or home rule. They should not be credited with getting $638 million into that program
because there is $960 million that has been collected in those trust funds and they
continue to raid them and not use them for what was intended in the original enactment.
He stated he plans to make it very clear to them that they are displeased with many of
their votes.
Secondly, he stated the City of Delray Beach presented Pine Grove
Elementary School with a proclamation for its 40th Anniversary and as promised he read
the proclamation on their morning announcements. Mr. Levinson stated Linda Cartlidge,
Principal of Pine Grove Elementary School, is doing a great job and they are hoping to be
an "A" school.
Mr. Levinson congratulated Atlantic High School for being 25th in the
Newsweek rankings and stated this is terrific for them.
Mr. Levinson congratulated Sharon L'Herrou and the Delray Beach Youth
Vocational Charter School for being selected as the 2006 Winner for the J. Robert
Havlick/Thomas H. Muehlenbeck Award for Excellence in Local Government. Mr.
Levinson stated it is great that Sharon L'Herrou is continuing to do the great work of
Johnny Pun and his memory.
He commented about a few great newspaper articles (attached hereto is a
copy and made an official part of the minutes) regarding Punta Gorda and stated Mayor
Perlman and others made a great impression.
- 30 -
05/02/06
Mr. Levinson stated he is on the Metropolitan Planning Organization
(MPO) and noted there was a great discussion on vehicular crash information on 1-95 and
the problems associated with it. He stated one of the Palm Beach County Commissioners
suggested that the cities patrol 1-95 so that more police officers will be on the interstate.
In his opinion, Mr. Levinson stated our police officers do not need to be exposed to the
danger of 1-95 and already have plenty to do. In addition, Mr. Levinson stated the
Florida Highway Patrol was supportive of the idea. He stated the two issues were patrol
and litter pickup and that cities should pay for some of the litter pickup costs on 1-95
because it exemplifies our community as people drive through it. Mr. Levinson stated he
does not feel that this is a good idea.
Lastly, Mr. Levinson stated Banyan Creek Elementary School's
modernization/renovation will cost approximately $10 million and will hopefully get rid
of the portables and keep with the current designs. He stated Plumosa Elementary School
is scheduled for the year after next to be rebuilt on the existing site. He stated the Palm
Beach County School Board is providing great assistance to some of the older schools.
Mr. Levinson stated the dedication of Spady Elementary School was a fabulous event
(private event put on by the contractor and the school district). He was pleased to have
been invited as a City official.
13.e.5.
Mavor Perlman
Mayor Perlman stated the Commission has been invited to a Breakfast on
May 17,2006 at the Kravis Center because the Fire-Rescue Department will be receiving
an American Red Cross Award.
Secondly, he stated the R.A.c.E. Relations Committee wrapped up Phase 1
last week and it was a great meeting. The Delray Beach Clergy Association has
expressed an interest in hosting and promoting study circles under the leadership of
Father Stokes. Mayor Perlman stated he feels they have made some headway with more
to come and feels the process is working.
Mayor Perlman stated Perry DonFrancisco sold Boston's on the Beach
restaurant and stated over the past 26 years has been so instrumental in raising money for
Delray Beach (i.e. Delray Citizens for Delray Police scholarships, the holiday toy drives,
and $500,000.00 in donations he coordinates between Del Aire and the Hamlet). Mayor
Perlman stated this is one person that is worth well over a million dollars in philanthropy
and has helped individuals in school, sports leagues, and the boy scouts. Mayor Perlman
suggested that the City think of a proper way to recognize Mr. DonFrancisco.
He stated Rex (hairstylist) has been in contact with Brian Shutt and he had
many occupational licenses and it was determined that Rex does not need all the licensing
he has and claims he was promised a refund. The City Attorney stated she will see what
can be done about issuing Rex a refund.
- 31 -
05/02/06
Mayor Perlman stated Bill Fay, Principal of Banyan Creek Elementary
School was here this evening and commented that the signage was blown down after
Hurricane Wilma. Consequently, Mr. Fay is directing traffic every morning because
there are no signs. Mayor Perlman asked that staff provide Mr. Fay with signs (off Sabal
Lakes Road).
Lastly, Mayor Perlman commented about a letter the City received from
the beachside businesses and they are much more seasonally oriented because of where
they are located. The Delray Affair does not extend east as far as they would like it to
and they are having some issues. He suggested that the City work with the Chamber of
Commerce (Randy Welker) and get together with the beachside businesses to see if there
is something that they can collectively come up with to promote these businesses, etc.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:44 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on May 2, 2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 32 -
05/02/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA V BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VilLAGE PARC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA V BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
May 2, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Village
Pare. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element Oblective A-1/Future
land Use MaD: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Ves X No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Ves
x
No
r+et'h q. A .
c. Conslstencv: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes X No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Reaulred Flndinas: (Conditional Use): Pursuant
to Section 2.4.5(E){5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes X No
b. REQUIRED FINDINGS RELATING TO DENSITY INCREASE:
LDR Section 4.4.9{D)(11) GC (General Commercial) Zoning District and LOR
Section 4.4.6(1) Performance Standards apply and are attached hereto to allow 104
townhouse units in 16 buildings as a stand alone.
Are the performance standards in Sections 4.4.9(0)(11) met?
Yes X No
Are the performance standards In Section 4.4.6(1) met?
Yes X No
c. Reauired Findinas Relatina to Provision of Workforce Houslna.
i. LDR Section 4.7.3 - Provision of Workforce Housing Units:
Developers will be awarded density bonus units (additional market rate
units), beyond the base number allowed per existing zoning ordinance after
performance standards have been met, as an incentive to provide affordable
housing units, subject to the limits and requirements of this chapter. The bonus
allowances are set forth in Table 1 as follows:
2
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING
AREA AND THE CARVER ESTATES OVERLAY DISTRICT
OPTION - SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 4
LOW 80% - 61% 3
MODERATE 120% - 81% 2
OPTION - RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
LOW 80% - 61% 2
MODERATE 120% - 81% 1
LARGE HOME OPTION
4 + bedroom workforce housing units 0
Additional 0.5 bonus will be added to the bonus provided above in this chart
There are 134 dwelling units proposed within the GC zoned portion of the property (7.81
acres). This equates to an overall density of 17.81 dwelling units per acre. The
applicant has proposed 15 owner-occupied moderate-income workforce housing units
that will be integrated on the site within the mixed use buildings. As noted in Table 1
above, the provision of 15 moderate income owner-occupied workforce housing units
permits a density bonus of up to 45 additional units. The development bonus sought for
this site is proposed as 41 units.
Is this standard met?
Yes X No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the most current Comprehensive Plan
and LDR requirements to this development application and finds ttiat its determinations
as herein set forth are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
3
. .
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies _ the two conditional uses as requested subject to the conditions stated in
the staff report 1-6 and the 7th condition that all existing access rights-ot-way to adjacent
properties in regards to means ot egress be maintained in all phases of the project
construction and hereby adopts this Order this 2nd day of May, 2006, by a vote of
5
in favor and 0
opposed.
~~~
Rita IIis, Vice Mayor
ATTEST:
S(or: Chevelle Nubin
City Clerk
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR PROFILES IN CONCRETE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use modification request has come before the City
Commission on May 2, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Profiles in
Concrete. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and ".
I. COMPREHENSIVE PLAN
a. Comprehensive Plan. Future Land Use Element Oblectlve A-1/Future
Land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes X No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
X
No
T+{Yn q. B.
c. Conslstencv: Will the granting of the modification conditional use be
consistent with and further the goals and policies of the Comprehensive Plan?
Yes
x
No
II. LDR REQUIREMENTS:
a. LOR Section 2.4.5(El Reauired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes X No
b. REQUIRED FINDINGS RELATING TO OUTDOOR STORAGE:
Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside
must be screened from view from adjacent public rights-of-way in a manner approved
by the Site Plan Review and Appearance Board. Outside storage may not be located
within a required setback area. It is not intended that sales or customer service be
conducted in an area designated for storage. Pursuant to LOR Section 4.3.4(K), the
required front setback in the Industrial Zoning District is twenty-five feet (25'), which is
measured along Poinsettia Drive.
Is this standard met?
Yes
X
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the development application request was
submitted and finds that its determinations as herein set forth are consistent with the
Comprehensive Plan.
2
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies _ the modification of conditional use request subject to the three conditions
stated in the staff report and hereby adopts this Order this 2nd day of May, 2006,
by a vote of 5
in favor and 0
op~~-'. :.Qt
(- ~o-: ?_
Rita E lis, Vice Mayor
ATTEST:
~Wl~~~~~
,Q,r'. Chevelle Nubin
City Clerk
3
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTIiORITY, OR COMMIITEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING AOORESS THE BOARD. COUNCIL, COMMISSION, AUTIiORITYOR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY VI CITY a COUNTY a OTHER LOCAL AGENCY
Delrav Beach, FL 33444 Palm Beach NAME OF POLITiCAl SUBDIVISION:
City of Delrav Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
~ ELECTIVE a APPOlNTlVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ABSTAiN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or' loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only th~ officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
10 addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of ~e meeting, who should incorporate the form in the minutes.
..
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, y()u
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing arid whether made
by you or at your direction.
'. .
IF YOU INTEND TO MAKE ANY A ITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible forrecordinQthe .
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
C1.- }-\ .
PAGE 1
APPOINTED OFFICERS (continued)
. A cOpy of the fann must be provided immediately to the other members of the agency.
. The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yoll must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording" the minUtes at the
meeting, who must incorporate the tonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the f~nn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Perlman
, hereby disclose that on Ma y ~
,20~:
(a) A measure came or will COme before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
X inured to the special gain or loss of my relative, Diane Colonna
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or toss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
."which
Diane Cb'lonna, my wife, is Director of the Community Redevelopment
Agency (eRA). I have a conflict voting on items that directly affect
the Community Redevelopment Agency.
I tern 9. H.
o~o.:V~ {I
Date Filed
, '.... . ..... . - .
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQ~IHEDDISCLOSURE
CONSTITUTES GROUNDSFOH AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FoRM 88 -i;:FF. 112000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUlliORITY. OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIL, COMMISSION. AUlliORITY"OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
COY COUNTY iPClTY a COUNTY a OTHER LOCAL AGENCY
Delrav Beach. FL 33444 Palm Beach NAME OF POUTICAl SUBDIVISION:
Citv of Delrav Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
l}:' ELECTIVE a APPOINTIVE ."" "
WHO MUST FILE FORM 88
This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss ofa relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of th1s law, a *relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother-in-law. son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or canyingon a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
10 addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAyS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
..
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you otherwise may participate in these. matters. However. yo.u
must disclose the nature of the conflict before making any attempt to influence the decision,. whether orally or in writing and whether made
by you or at your direction.
. "
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the "
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
q_" I
PAGE 1
APPOINTED OFFICERS (continued)
. A cOpy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the persontesponslble for recording" the minutes of the
meeting, who must incorporate the form in the minutes. A copycif the form must be provided immediately to the other members of the
agency, and the form ,!,ust be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey Perlman
. hereby disclose that on May 2,
.20Q.6_:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
X inured to the special gain or loss of my relative, Diane Colonna
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization .or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interestin the measure is as follows:
, by
-,which
Diane Colonna, my wife, is Director, of the Community Redevelopment
Agency (CRA). I have a conflict voting on items that directly affect
the Community 'Redevelopment Agency.
I tern 9. I . -
CY(}~/~dOll'
Date Filed
'. '.. ' - . :. .
NOTICE: UNDER PROVISIO'NS OF FLORIDASTATUTES ~U2.317, A FAILURE TO MAK!=A.NY REQl!IRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $1 0,000.
CE FORM 88 - ~F. 112000
PAGE 2
Sun Herald - 04/22/06
Page I of3
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Se1'1'lcet:rnfire .
When planning a downtown renaissance,
don't let the NIMBYs and CAVE people get
you down.
941.$33.0600 That's one of the messages expected from
u.H,~,'u.dtaJ~Ql'butel'.:{Lcom Delray Beach Mayor Jeff Perlman and his
urban development team, who will be coming
to Punta Gorda Wednesday to preach the "can-do" attitude that has
transformed Delray from a drug-ridden dump to a posh tourist destination.
NIMBY, of course, stands for "not in my backyard." The less-familiar CAVE
people are the "citizens against virtually everything."
Twenty years after Delray Beach began its turnaround, city officials are happy
to share their experience with othei communities who aspire to travel the
same road.
Team Punta Gorda, the grassroots organization that's boosting Punta
Gorda's recovery from Hurricane Charley, has forged an alliance with Delray
Beach in recent months. About 50 TPG members hopped a bus in early
March to check out Delray's delights up close and in person. They heard
"how we did it" presentations from Perlman and other officials, and viewed
the commercial, entertainment and residential areas of the city center.
On the drive home, some TPG members began asking whether the Delray
message couldn't be packaged for a larger audience of people who weren't
free to make the road trip.
It took about a month to get everyone's schedule coordinated and set an April
26 date. Perlman and his team will get a trolley tour of Punta Gorda in the
afternoon, then host a public meeting at the Punta Gorda Isles Civic
Association, 2001 Shreve St., beginning at 6 p.m. All places are taken for the
tour, but there should be ample seating for the evening session.
John Magnin and Elaine Charney, spokespeople for TPG, offered their views
http://www.sun-herald.com/NewsArchive2/042206/tp2ch7.htm ? date=04 2206&story=tp2c.. . 4/24/2006
\ '":l ~_~ A_..........r:r.. I n.,,'''~''''^ _ \.....nr..rll ,.....,.J-
Sun Herald - 04/22/06
Page 2 of3
about why this event should interest not only Punta Gorda residents, but
anyone in Charlotte County who's interested in future growth.
Q: Why should citizens participate in this event?
A: It is extraordinarily important that we, as a community, have a common
vision that ignites community energy towards the rebuilding that is so
desperately needed.
Here we are, 20-plus months sinCE, Hurricane Charley. Although progress is
under way, much of it cannot yet be seen.
By now, the community is hungering for major projects coming up out of the
ground. They are coming, but we won't see the construction cranes for a
while yet.
We think Punta Gorda needs a shot of hope and adrenaline to keep our
spirits up and positive for the new community that will rise up in the next 12 to
24 months.
Q: What moved TPG to first contact Delray Beach?
A: We knew that Jaime Correa [University of Miami professor} had authored a
master plan for Delray Beach about 18 years earlier, and that the rebirth
there was remarkable.
That community has been named an "All-America City" twice [by the National
Civic League} something towards which we should aspire.
We thought that taking a close look at what Delray Beach did to succeed, and
listening to their advice, would be a good idea.
Seeing Delray Beach today is a way to look into Punta Gorda's future.
Q: What were the biggest lessons TPG learned from the Delray trip?
A: Delray Beach's success seemed to be a direct result of real teamwork - a
shared vision of goals by city and county officials, the Community
Redevelopment Agency, and the private interest groups.
Their common goals enabled them to overcome the usual bumps in the road
and get results that benefited the entire community.
Q: What should they expect to hear from Mayor Perlman and others?
A: Mayor Perlman will give us some specific advice to make the recovery of
Punta Gorda a reality. They have been where we are; they know what works
and what doesn't. They can help us avoid costly mistakes and do it right the
first time.
http://www.sun-herald.comlNewsArchive2/042206/tp2ch7.htm ? date=04 2206&story=tp2c.. . 4/24/2006
Sun Herald - 04/22/06
Page 3 of3
Q: How has Delray succeeded in balancing different types of
development in its downtown?
A lot of the pizzazz of the Delray Beach story has to do with the vibrant
downtown they have created, including a CRA with a yearly discretionary
budget of more than $10 million, compared to ours right now of slightly over
$1 million.
But a large part of the recovery includes other essential elements such as
affordable housing. That is part of the infrastructure that our community
needs. It was high on their list of "n;1usts," as it should be on ours.
Q: How has Delray managed to meet its development financial goals?
A: The bottom line is that they treated the downtown, especially, like a
business.
They did marketing and promotion. They invested in public-private
partnerships. They spent public money in infrastructure and beautification
that convinced private investors that Delray Beach was a good place to do
business.
Downtown Delray Beach is a pedestrian-friendly destination where people
meet each other and enjoy life. As a result, the downtown area is a more
attractive place that generates higher tax revenues to the city and CRA;
which in turn generates more dollars to invest in making the downtown more
attractive; which in turn generates higher tax values and so forth. It becomes
a snowball effect.
By BOB FLISS
Charlotte Business Editor
SuJtline~"\.@ 2006 All rights reserved.
Your Locallntemet Service Provider
A division of Sun Coast Media Group Inc.
Publishers of the Sun newspapers.
http://www.sun-herald.com/NewsArchive2/042206/tp2ch7.htm?date=042206&story=tp2c. .. 4/24/2006
Sun Herald - 04/27/06
Page 1 of3
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Affordable housing spotlighted
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Even with all the positive attitude in the world,
any community redevelopment program is
going to swallow constant reality pills.
With Florida real estate prices headed into
the stratosphere, the biggest reality pill of all may be affordable housing.
Team Punta Gorda hosted its long-awaited "return engagement" for Delray
Beach officials Wednesday evening. A capacity crowd of more than 300
packed the auditorium at the Punta Gorda Isles Civic Association to hear
Delray Mayor Jeff Perlman and other speakers preach the gospel of
redevelopment.
"I have not seen a more motivated citizenry, and I think that a lot of cities
would envy Punta Gorda for their spirit and their commitment to make
something happen," Perlman said.
Delray Beach adopted a "development without displacement" philosophy in
the late 1980s, when it began a 20-year climb from depressed area to a two-
time "All-America City" winner.
Indeed, "people didn't want redevelopment because they were afraid of
gentrification and being forced out," said Joe Gray, assistant director of the
Delray Beach Community Redevelopment Agency.
Today, Delray Beach has placed a~out 170 families in affordable downtown
housing, Gray said. "We're placing people in their own homes who otherwise
would be in public housing."
This is just a start - about $40 million has been earmarked for affordable
housing improvements over the next few years, mainly in the historically
black western portion of Atlantic Avenue.
http://www.sun-herald.com/NewsArchive2/042706/tp3ch8.htm ?date=04 2706&story=tp3 c... 4/28/2006
Sun Herald - 04/27/06
Page 2 of3
The eastern blocks of Atlantic, Delray's main street, are now the home of
trendy restaurants and boutiques, a veritable theme park for grown ups. Yet
Delray officials realize that what flies in the central core and beach district
won't work in a minority neighborhqod.
"Above all, they want businesses that are going to serve them - and until
recently what they had was mainly check cashing stores and the kind of
places where they sell cigarettes by less than a pack," Gray quipped, to huge
laughter.
Delray formed a community land trust in 2005, which has the power to buy
either land or buildings suitable for rehabilitation, Gray said. These dwellings
can be sold to low- and moderate-income residents, with the stipulation that
they can sell only to other people in the same economic circumstances.
Another tactic that has produced some results is to require developers to
build low-to-moderate income housing as a condition of their permits for high-
end homes, Gray said.
"After driving around your community this afternoon, I have to say that, at all
costs, save your courthouse and your schoolhouse," said Joe Gillie,
executive director of Delray Beach's Old School Square arts center. A
complex of three abandoned school buildings, it was Delray's biggest
eyesore in the late 1980s. Today, it has a museum, a 320-seat theater and
draws about 500,000 visitors yearly.
Although restoration of the courthouse as a state appeals court is being
discussed, Gillie said Punta Gorda still has a chance to turn the venerable
structure into whatever the community wants. The same principles could be
applied to the old Charlotte High School, he added.
Wednesday night's crowded meeting was part nuts-and-bolts information, as
exemplified by Gray's presentation. But there were also elements of a genteel
pep rally, a Team Punta Gorda specialty.
"Punta Gorda can do this, and one day we may be helping other communities
and showing them how it can be done," said Roger Kress, president of Team
Punta Gorda.
Team Punta Gorda is a citizen group formed soon after the Hurricane
Charley to promote not only storm recovery but a general rebirth of Punta
Gorda as a business location, tourist destination and attractive place to live.
In early March, about 50 Team PU,'lla Gorda members boarded a bus for
Delray Beach, where they heard Perlman and other officials describe the
city's remarkable renaissance since the late 1980s.
On the trip home, team members broached the idea of inviting Delray officials
for a tour of Punta Gorda and to speak at a public meeting.
http://www.sun-herald.com/NewsArchive2/042706/tp3ch8.htm ? date=04 2706&story=tp3 c... 4/2812006
'.
Sun Herald - 04/27/06
Page 3 of3
The day's activities began with a trolley tour of construction sites around
Punta Gorda. The trip began in Punta Gorda Isles and traveled at Ponce de
Leon Park, Burnt Store Isles and the Trabue-Woods neighborhood, before
finishing in downtown. .
Perlman, a former journalist who launched a political career in the town he
used to cover, said he hopes Delray Beach will become a resource for other
communities.
He will leave office next year because of local term limits and plans to work
as director of the new Delray Beach Institute, which he hopes will become a
information clearing house for other communities trying to rebuild their
downtowns.
By BOB FLISS
Charlotte Business Editor
SUnN>>e.t&~.@ 2006 All rights reserved.
Your Local Internet Service Provider
A division of Sun Coast Media Group Inc.
Publishers of the Sun newspapers.
http://www.sun-herald.com/NewsArchive2/042706/tp3ch8.htm ? date=042706&story=tp3c.. . 4/28/2006
SPECIAL MEETING/WORKSHOP
MAY 9, 2006
A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, May 9, 2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1. AGREEMENT/COLETTA AND COMPANY: Consider an agreement with Coletta
and Company in the amount of $23,750.00 plus travel expenses for the implementation of
the Creative City Collaborative. Funding is available from 001-1111-511-34.90 (General
Fund/Other Contractual Services).
The Commission discussed the proposal from Coletta & Company to implement the
Creative City Collaborative as presented via a recommendation in the Cultural Plan. The
Arts Cabana and the Narration Project will not be included at this time.
The City Attorney will draft a contract.
Mrs. Montague moved to approve the agreement with Coletta & Company subject to Staff
drafting a contract incorporating the items in the proposal, seconded by Mr. Levinson.
Upon roll call, the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis - No. Said motion passed 4-1.
Mayor Perlman adjourned the Special Meeting at 6:22 p.m.
WORKSHOP AGENDA
1. Joint Meeting with the Education Board
Janet Meeks, Education Coordinator, and Debra Kaiser, Chair of the Education Board,
presented a PowerPoint Presentation concerning the accomplishments, demographics,
academic trends and the Board's proposed 2006/2007 plan. Concurrence and feedback
from the Commission was requested.
It was the consensus of the Commission that the Education Board was doing an incredible
job and was providing a great service to the community.
2. Joint Meeting with the Historic Preservation Board
Susan Ruby, City Attorney provided background information concerning proposed
guidelines for the historic districts in the City of Delray Beach. The Commission has the
authority to regulate those properties.
It was the consensus of the Commission that once the agreement concerning guidelines and
rules for the historic districts are approved, the Historic Preservation Board will have better
clarity for their review and approval process.
3. Presentation of the development at the Florida Adantic University (FAD) Campus - Shelley
Binegar. Assistant Director. Inter College Athletics
Mayor Perlman noted item number three (3) has been postponed until the June 13, 2006
Commission Workshop.
4. Review of possible names for New Parks
J oe Weldon, Parks and Recreation Director provided suggestions on various names for new
City parks located at Bexley Park, Mount Sinai, the Western Community Center (Senior
Center) and Lake Ida.
It was the consensus of the Commission to choose the names of Eagle Park for the Temple
Sinai park located in front of Adantic High School; the name of Bexley Trail Community
Park for the Bexley Park location; establish a community contest for naming the park at the
Western Community Center; and the name of Lakeview Park for the Lake Ida location.
2
May 9, 2006
5. Discussion regarding disposition of City owned property adjacent to Bexley Park
Paul Dorling, Planning and Zoning Director provided background information concerning
five (5) acres east of the Bexley Park Subdivision which the City owns. Staff recommends
annexation of this area prior to selling the property, and is seeking direction as to the
appropriate land use and eventual City Zoning. There are five (5) acres with three (3) homes
per acre which would allow for fifteen (15) homes. Other Enclaves in the surrounding area
could also be annexed.
It was the consensus of the Commission to proceed with the annexation and eventual City
Zoning, and to request the future developer to provide for a number of affordable housing
within the development.
6. Proposed increase in Stormwater Utility Assessment
Randal Krejcarek, City Engineer provided background information on the City of Delray
Beach's Stormwater Utility Fee Analysis prepared by Mathews Consulting, Inc.
It was the consensus of the Commission to approve an increase of $5.33 for each Equivalent
Residential Unit (ERU) per month for an annual assessment of $64.00 year.
7. Discussion of Fire Service Fee
David T. Harden, City Manager provided background information and requested direction
in exploring appropriate revenue opportunities to offset the ongoing increased costs of
operating Fire Services in Delray Beach.
It was the consensus of the Commission not to make a commitment but to study a proposal
which will be provided by the City Manager. It was hoped the millage rate would not be
increased.
8. Discussion of Community Policing
Larry Schroeder, Chief of Police reported on some of the outstanding work preformed by
members of the Delray Beach Police Department, as part of our community policing
philosophy. He noted, through community involvement with residents and business
owners, and attendance of homeowner and business association meetings, relationships are
3
May 9, 2006
built through discussion of issues and concerns within the community. With these
community contacts, officers formulate policing strategies that are unique to the issues
defined by the neighborhoods or businesses. In attendance with Chief Schroeder were
Captain Craig Hartmann and the three (3) District Commanders who are responsible for the
majority of the community policing; Captain Joe Milenkovic, Captain Toni Strianese, and
Major William McCollom. There are approximately five hundred (500) members on the
volunteer force.
It was the consensus of the Commission the Community Policing program provided a
positive image for the community, and it is a work in progress.
9. Discussion of proposed tree ordinance revisions
Terrill Barton, Assistant City Attorney and Nancy Davila, Community Improvement
Department Horticulturist, provided information concerning the proposed ordinance
repealing Section 2.4.6 (E) and 4.6.19 of the City's Land Development Regulations and
enacting a new Section 4.6.19 "Tree Ordinance" to regulate the pruning, removal, and
protection of trees in the City of Delray Beach. Ms. Barton stated Staff will continue to
work on the ordinance and bring it to Commission for approval.
It was the consensus of the Commission to the proposed revised Tree Ordinance will be
beneficial to the enhancement to the community.
Mayor Perlman adjourned the Workshop at 9:11 p.m.
City Clerk
ATTEST:
MAYOR
4
May 9, 2006
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on
Tuesday, May 9, 2006, which Minutes were formally approved and adopted by the City Commission
on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
5
May 9, 2006
WHEREAS, the City of Delray Beach celebrates the occasion of St.
Vincent Ferrer Catholic School's 50th anniversary, and
WHEREAS, St. Vincent Ferrer Catholic School opened its doors on
October 25, 1955 with 129 students in grades one through six; and
WHEREAS, St. Vincent Ferrer Catholic School has become an
integral part of the surrounding neighborhood serving generations of Delray
Beach children; and
WHEREAS, St. Vincent Ferrer Catholic School's tnlSSlOn is to
provide a nurturing environment, which enables children to discover and
develop their God-given talents spiritually, intellectually, socially,
physically, and emotionally; and
WHEREAS, under the direction of Sister Mary Clare, the school has
grown tremendously through the years expanding classes to include pre-
kindergarten though 8th grade; and building expansions to include a fully
equipped stage, state of the art sound and lighting system, library and media
center, family life center, and computer labs; and
WHEREAS, the school's leaders and educators have created a
rigorous curriculum including Math, Science, Language Arts, and Religion,
but also the students engage in extracurricular programs including
Computers, Media, Music, and Spanish; and
WHEREAS, Delray Beach is a community committed to promoting
quality education through life long learning.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission and the Citizens of
Delray Beach, do hereby proclaim 2006 as:
St ViA1.cet1tfuru c~SChboV~
SUi" A nNliNuuuy Celebrat'LOflI
IN THE WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to be affixed
this 16th day of May 2006.
JEFF PERLMAN
MAYOR
0/\
VJ1
(9A
Proclamation
Whereas, the City ofDelray Beach celebrates the occasion ofSt. Vincent Ferrer Catholic
School's 50th anniversary, and
Whereas, St. Vincent Ferrer Catholic School opened its doors on October 25, 1955 with
129 students in grades first through sixth and has become an integral part ofthe
surrounding neighborhood and served generations of Delray Beach children; and
Whereas, St. Vincent Ferrer Catholic School's mission is to provide a nurturing
environment, where children discover and develop their god-given talents spiritually,
intellectually, socially, physically, and emotionally; and
Whereas, under the direction of Sister Mary Clare, the school has grown tremendously
through the years expanding the classes to include for pre-kindergarten though 8th grade,
and building expansions to include a fully equipped stage and state of the art sound and
lighting system, library and media center, family life center and computer labs; and
Whereas, the schools leaders and educators have created a rigorous curriculum including
Science, language arts literature, math, and religion, but also the students engage in
extracurricular program including computers, media, music and Spanish; and
Whereas, Delray Beach is a community committed to promoting quality education
through life long learning.
Now, therefore, I Jeff Perlman, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim
2006 as:
st:. VlN\cet1tferr-er C~s~
S~ AnniNeruuy celebr~
In the Witness Whereof, I have hereunto set my hand and caused the Official
Seal of the City ofDelray Beach, Florida, to be affixed this 16th day of May 2006.
WHEREAS, the Clean Beaches Council, as part of Great Outdoors
Month, has designated the week beginning June 29, 2006 as National Clean
Beaches Week; and
WHEREAS, commumtles and government have undertaken
significant measw:es to keep beaches clean and healthy; and
WHEREAS, 180 million Americans make nearly 2 billion annual
trips to the ocean, gulf, and inland beaches and contribute significant
resow:ces to the local, state, and national economy; and
WHEREAS, 75% of all recreational activity occw:s within a half mile
corridor around the shorelines of ow: beaches, rivers, and lakes; and
WHEREAS, coastal tourism and healthy, fresh seafood fuels robust
economies - sustaining communities and supporting jobs along the coastal
United States.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City
of Dekay Beach, Florida, on behalf of the City Commission do hereby
proclaim the week beginningJune 29,2006 as
NATIONAL CLEAN BEACHES WEEK
in Dekay Beach, Florida, and encow:age all residents to visit, enjoy, and
protect ow: greatest natural resow:ce.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Dekay Beach, Florida, to be affixed
this 16th day of May, 2006.
JEFF PERLMAN
MAYOR
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Courtena~ Evans
202-682-9506
p. 1
ff1
May 8, 2006
The The Honorable Mayor Jeff Perlman
Office of the Mayor
100 NW 1st Ave
Delray Beach, FL 33444
Dear Mayor Perlman:
The Clean Beaches Council (CBC) is pleased to ask for your support in recognizing
National Clean Beaches Week from June 29 to July 52006.
Clean Beaches Council is a 501 (c) (3) not-for-profit organization headquartered in
Washington, DC. The mission of the Council is to promote clean and healthy
beaches through public a"o'areness and voluntary programs.
National Clean Beaches Week is part of a broader effort to recognize Great Outdoors
Month during the month of June. Several federal agencies and national organizations
have joined forces to promote celebration and enjoyment of the outdoors during this
time (see attached).
Beaches are a great way for the pubHc to experience the wonders of the outdoors.
Each year approximately 180 million Americans make 2 billion visits to ocean, gulf
and inland beaches. Beach recreation and tourism are estimated to contribute over
$640 billion annually to the U.S. economy (85 percent of all U.S. tourist revenues).
Clearly, beaches are a vital part of our way of life.
During National Clean Beaches Week, CBC will highlight four (4) major themes of
importance to beachgoers: environment, travel, dining, and recreation. Delray Beach
is invited to support these or other related themes during the week. CBe will
actively promote your city's participation as part of our national media outreach
campaign.
Clean Beaches Council hopes to work with Delray Beach in applauding the
importance of clean and healthy beaches in America. Enclosed is a sample
proclamation that we hope will be of use to your office as well as last year's
presidential proclamation celebrating Great Outdoors Month.
If you have any questions, please contact my office by email at
info(a)cleanbeaches.org by phone at 202.682.9507.
Sincerely,
p~'f!'Ae~
President
Ma~ 08 06 11:09a
Courtena~ Evans
202-682-9506
p.2
Proposed Proclamation for
National Clean Beaches Week
Declaring the week beginning June 29, 2006 as National Clean Beaches
Week'.
Whereas the Clean Beaches Council, as part of Great Outdoors Month has
designated the week beginning June 29, 2006 as National Clean Beaches Week; and
Whereas communities and government have undertaken significant measures to
keep beaches clean and healthy; and
Whereas 180 million American make nearly 2 billion annual trips to the ocean,
gulf, and inland beaches and contribute significant resources to the local, state and
national economy; and
Whereas 75% of all recreational activity occurs within a half mile corridor around
the shorelines of our beaches, rivers, and lakes; and
Whereas coastal tourism and healthy, fresh seafood fuels robust economies-
sustaining communities and supportingjobs along the coastal U.S.; and
NOW, therefore, I [insert name], do hereby acknowledge that annually, the seven-day
period ending on July 5, shall henceforth be observed as National Clean Beaches Week
and encourage all (residents of the city] to visit, enjoy, and protect our greatest natural
resource.
Ma~ 08 06 11:09a
Courtena~ Evans
202-682-9506
p.3
Great Outdoors Month, 2005
Page 1 of 1
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For Immediate Release
Office of the Press Secretary
June 2, 2005
Great Outdoors Month, 2005
A Proclamation by the President of the United States of America
During Great Outdoors Month, we celebrate our Nation's natural heritage, reaffirm our commitment to conserve
our environment, and recognize the many volunteers who help maintain our natural spaces.
Americans are blessed by our country's expansive landscapes, diverse wildlife, and beautiful public lands.
Outdoor recreation provides an opportunity to enjoy the splendor of our Nation's remarkable natural treasures and
reminds us of our responsibility to be good stewards of the environment.
Across our great Nation, Americans are taking that responsibility seriously and volunteering to help keep our
nalu ral areas beautiful for future generations. I commend these citizens for helping to protect our public lands,
and I encourage all Americans to do their part. The Department of the Interior's Take Pride in America website
and the USA Freedom Corps website offer examples of ways to participate in environmental stewardship projects,
We have an obligation to protect the Earth, and my Administration is pursuing responsible initiatives to make our
air cleaner, our water purer, and our land better protected. In doing so, we are demonstrating the important
principle that environmental protection and economic prosperity are both vital parts of being good stewards in the
land we call home. Through these and other efforts, we will continue to build a cleaner, safer, and healthier
environment for all Americans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority
vested in me by the Constitution and laws of the United States, do hereby proclaim June 2005 as Great Outdoors
Month. I call on all Americans to observe this month with appropriate programs and activities and to enjoy safe
outdoor recreational activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of aur Lord two thousand
five, and of the Independence of the United States of America the two hundred and twenty-ninth.
GEORGE W. BUSH
###
Return to this article at:
h..tt,p.Jlwww . wh i t~tH~_use _ goYJ.o_eYY..sLr~le~JZ~2Q.QoL06/200509_Q_~_~.~._blml
Click to Print ~
this document I~
http://www.whitehouse.gov/news/releases/2005/06/print/20050602-3.htm I
6/2/2005
Ma~ O~ 06 11:09a
Courtena~ Evans
202-682-9506
p.4
~tf~)
GOVERNOR ARNOLD SCHWARZENEGGER
June 27, 2005
National Clean Beaches Week
On behalf of all Californians, I am delighted to extend greetings on the
occasion of National Clean Beaches Week.
The Golden State lS proud to be home to groups and people that are
dedicated to protecting. and improving our treasured beaches. Coastal
tourism and seafood products help fuel California's economy by sustaining
COlDlTIUnities and supporting jobs.
This week, we celebrate our proud tradition of environmental stewardship
and reaffirm our commitment to keep our beaches cleaner and our marine
life healthier.
Sincerely,
Arnold Schwarzenegger
STATE CAPITOL. SACRAMENTO, CALIFORNIA 95814 . (916) 445-2841
~~~
Ma~ De 06 11: lOa
Courtena~ Evans
202-682-9506
p.5
Great Outdoors Month 2005
Participating Organizations
AAA
America Outdoors
American Association for Leisure and Recreation
American Association for Nude Recreation
American Canoe Association
American Council of Snowmobile Associations
American Fly Fishing Trade Association
American Hiking Society
American Horse Council
American Motorcyclist Association
American Quarter Horse Association
American Recreation Coalition
American Sportfishing Association
American Trails
Association of Marina Industries
BoatUS
Clean Beaches Council
Congressional Sportsmen's Foundation
Continental Divide Trail Alliance
DITC-Environmental Education Foundation Family
Campers and R V ers
Family Motor Coach Association
Federation of Fly Fishers
Go RVing Coalition
Good Sam Club
International Association ofFish and Wildlife
Agencies
Int.;rn:Hional :v1ountain Bi..:ycling Association
International Snowmobile Manufacturers
Association
Kampgrounds of America
Leave No Trace, Inc.
Motorcycle Industry COlll1cil
National Association of State Park Directors
National Association ofRV Parks and Campgrounds
National Coalition for Promoting Physical Activity
National Forest Recreation Association
National Marine Manufacturers Association
National Off-Highway Vehicle Conservation Council
National Park Hospitality Association
National Recreation and Park Association
National Safe Boating Council
National Ski Areas Association
National Ski & Snowboard Retailers Association
National Sporting Goods Association
National Association of State Boating Law
Administrators
National Association of State Parks Directors to
Organiza tions
Oregon Tourism Commission
Outdoor Industry Association
Personal Watercraft Industry Association
PricewaterhouseCoopers LLP
Professional Paddlesports Association
Recreation Vehicle Dealers Association
Recreation Vehicle Industry Association
Recreational Boating and Fishing Foundation
ReserveAmerica
SeeAmerica
SGMA International
Southeast Tourism Society
Take Pride in America
The Coleman Company
The Walt Disney Company
Travel Industry Association of America
Tread Lightly! Inc
Western States Tourism Policy Council
Participating Federal Agencies
Bureau of Land Management
Bureau of Reclamation
Centers for Disease Control and Prevention
Federal Highway Administration
National Park Service
President's Council on Physical Fitness and Sports
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
USDA Forest Service
...
"There's No Place Like Home"
Julie Harris
11th Grade
Atlantic Community High School
April 6, 2006
'lD
There's No Place Like Home
I love living in Palm Beach County with its beautiful sunny beaches and tropical
breezes. There is a wide diversity of cultures that enrich my life. I go to a public high
school with students from Haiti, Puerto Rico, Guatemala, exchange students from
Germany and many other countries. We learn from each other and I especially like trying
the different ethnic foods.
Everyone should have an equal opportunity to buy a home here. Title VIII of the Civil
Rights Act of 1968, known as the Fair Housing Act, prohibits discrimination in the sale,
rental, and fmancing of dwellings, and in other housing-related transactions based on
race, color, national origin, religion, sex, familial status, and the handicapped. The
economic benefits of homeownership are great. There are tax breaks and a homestead
exemption in the state of Florida.
When you own a home, you put down roots in the neighborhood and belong to a
community. Owning a home is a dream for many people. The U.S. Department of
Housing and Urban Development (RUD) provides federal loan programs.
Homeownership gives you pride and offer stability for your family. The National
Association of Realtors has a long-standing commitment to communities by increasing
housing opportunities, diversity, and minority homeownership.
Soon, I will be leaving the area to attend college. I will miss the home-cooked meals,
my family and meeting my friends at the beach. I will always remember the community
spirit and neighborliness that was expressed after the recent hurricanes. I feel like
Dorothy from the Wizard ofOZ and will always remember, "There's no place like
home."
FROM:
.
C PRESERVATION PLANNER
TO:
THRU:
SUBJECT:
The City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) sponsored
an annual poster contest to celebrate historic preservation. This year, Preservation Month is recognized
as May 1-31 and the theme is "Sustain America: Vision, Economics, and Preservation". Delray Beach
students between 6th and 1 ih grades were encouraged to design posters which reflect the
aforementioned theme and utilize the City's historic built resources for inspiration.
A total of twelve posters were received from two local schools. The Historic Preservation Board
reviewed the submittals during their meeting of May 3, 2006 and awarded 1 st place to William Harris, 1 ih
grade, of Atlantic High School, 2nd place to Randon Casey, 10th grade, of American Heritage, and 3rd
place to Tom Jenkins, 12th grade, of American Heritage. The first place winner will receive an award
certificate and a $500 savings bond. Second and third place winners will receive award certificates. The
certificates for all three winners will be presented at the City Commission meeting on May 16, 2006.
'lE
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rl
AGENDA ITEM # cg A. - REGULAR MEETING OF MAY 16. 2006
FINAL PLAT APPROVAL/MARK DOWN TOWN
TO:
FROM:
DATE:
APRIL 14, 2006
This is before the Commission to approve the final subdivision plat for Mark Down Town, a mixed-
use development, located on the southeast and southwest comers of S.B. 2nd Street and S.E. 151
Avenue.
The property is a re-plat of Lot 7 and Lot 8, Block 78; together with Lot 3 and Lot 4, Block 79.
The plat is being processed as a minor subdivision. All technical and staff comments have been
addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Mark Down Town.
S:\City Clerk\agenda mernos\Final Plat Mark Down Town 051606
7~..;:t.- 0.4'
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City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
DATE:
David T. Harden
Randal L. Krejcarek, P.E.
07 May 2006
PROJECT: Mark Down Town Plat
Commission Approval
Please find attached an agenda request for Commission approval of the plat for Mark
Downtown Plat. This is a re-plat of Lots 7 and 8, Block 78 Map of the Town of Linton,
Florida, according to the Plat thereof, as recorded in PB 1, Page 3, Palm Beach County
Records, together with Lots 3 and 4, Block 79 Map of the Town of Linton, now Delray
Beach, Florida, according to the Plat thereof, as recorded in PB 10, Page 1, Palm
Beach County Records, situated in Section 16, Township 46, Range 43 East, City of
Delray Beach, Palm Beach County, Florida.
The project consists of mixed use development on the southeast and southwest
corners of the intersection of SE 2nd Street and SE 1st Avenue. Because this plat is
being processed as a minor subdivision, there are no other approvals required.
I have also enclosed a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the 16 May 2006 Commission
meeting for approval.
Thanks!
enc
cc T AC file
file: C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKB0\2006-05-16
agenda memo.doc
Printed: 5/10/2006
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LOCATION MAP
Mark Down Town Plat
S.E. 1st Avenue & S.E. 2nd Street
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWINTON AVENUE. OEl..RAY BEACH, R..OADA 33444
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Date: 07 Mav 2006
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
-1L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 16 Mav 2006
Description of Agenda Item (who, what, where, how much):
This Commission Agenda Request is for Commission approval of the Mark DownTown
Plat, a minor subdivision plat located on the northeast and southeast corners of SE 2nd
Street and SE 1st Avenue.
Staff Recommendation: Aooroval ~ ~
Department Head Signature: ~_ -
1-~ .....\lll'
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @I No Initials:
Hold U nti!:
ff/1
i
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Bamboo N & S (106 SE 2nd Street Flats) SE 2nd st & SE 1st Ave NKA - THE MARK\2006-
05-16 agenda.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER~1
AGENDA ITEM # ~ e. - REGULAR MEETING OF MAY 16, 2006
GRANT APPLICATION TO THE FLORIDA COMMUNITES TRUST
(FCT)/WESTERN SENIOR/COMMUNITY CENTER
TO:
SUBJECT:
DATE:
MAY 12,2006
This item is before Commission to authorize staff to submit a grant application to the Florida
Communities Trust (FC1) in the amount of $2,200,909.05 for land purchased for the site of the Western
Senior/Community Center. The total cost of the property was $4,890,909.00.
Recommend authorizing staff to submit the FCT grant application.
S:/City Clerk/agenda covet memos/Grants/FCI' Grant Western Sr Ctr 051606
[IT' DF DELRAY BER[H
DELRAY BEACH
f L (J R I [) ^
~
All-America City
, III I!
100 NW 1 st AVENUE . DELRAY BEACH, FLORIDA 33444
561/243- 7000
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Florida Communities Trust Grant for Western/Senior Center
DATE:
May 8, 2006
This memorandum is to request authorization from City Commission to apply
for a grant from the Florida Communities Trust in the amount of
$2,200,909.05 for land purchased for the site of the Western/Senior
Center. The total cost of the property was $4,890,909.00.
Please place this on the May 16, 2006 agenda for City Commission
consideration.
Parks and Recreation
cc: Carolanne Kucmerowski
Agenda Coordinator
Ref:dhfctwcc
@ PonIed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Home I Florida Communities Trust
Page I of2
Florida Communities Trust
What is Florida Communities Trust?
Florida Communities Trust (FCT) is a state land acquisition grant program that provides
funding to local governments and eligible non-profit environmental organizations for
acquisition of community-based parks, open space and greenways that further outdoor
recreation and natural resource protection needs identified in local government
comprehensive plans. More...
. Governing Board
. Staff
. News
. Publications
Florida Community Trust's Florida Forever Grant Program
The Florida Communities Trust opened the sixth Florida Forever application cycle on
February 24, 2006. Approximately $66,000,000 (unless otherwise allocated by the
Legislature) will be available this funding cycle for grants to local governments and nonprofit
environmental organizations to acquire land for conservation, open space and outdoor
recreation purposes. The deadline for submitting applications to the Florida
Communities Trust is 6:00 pm (EDT), May 10, 2006. Additional information will be
available at our Grant Application Workshops.
The Florida Communities Trust provides grants to eligible applicants for the acquisition of
land for community-based parks, open spaces and greenways that further the outdoor
recreation and natural resource protection needs identified in local government
comprehensive plans. More. . .
. Applying For a Florida Forever Grant
. Other Land Acquisition Programs
. Frequently Asked Questions
. 2005-06 Florida Forever Projects
Technical Assistance
The Florida Communities Trust provides technical assistance throughout the grant and land
acquisition process. More...
. Application Assistance
. Application Instructions
. Application Form FCT-3
. If Your Project Was Funded
. Acquisition Assistance
. Appraisal Requirements
. Management Plans
. Entrance Signs
. Stewardship Reports
. Willing Owner Statement
http://www .floridacommunitydevelopment.orglfct/
5/9/2006
Home I Florida Communities Trust
Page 2 of2
. Funds for Park Development*
Contact Us
Department of Community Affairs
Division of Housing and Community Development
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Ken Reecy, (850) 922-2207 (Suncom 292-2207)
Fax: (850) 921-1747 (Suncom 291-1747)
E-mail: ken.reecy@dca.state.fl.us
Staff
Return to Previous Location
Contact the webmaster if you experience any problems with this website.
http://www . floridacommunitydevelopment.org/fct/
5/912006
Date:
5, 2006
AGENDA ITEM NUMBER: g ~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: May 16, 2006
Description of Agenda Item (who, what, where, how much): Request approval to
apply for a grant in the amount of $2,200,909.05 from the Florida Communities
Trust for land purchased for the site of the Western/Senior Center.
City Attorney Re
!Recommendation (if applicable):
Department Head
Signature:
Budget Director ReVIew (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: e I No Initials: zm1
Hold Until:
Agenda Coordinator Review:
Received:
[ITY DF DElRAY BEA[H
ctL
DELRAY BEACH
F LOR () A
.......
All-America City
, , III::OM
nw 1 c;1 AVENUE DELR,w BEACH, FLORIDA 33444
MEMORANDUM
561/243-7000
David T. Harden, City Manager
;J!tobert A. Barcinski, Assistant City Manager
1993 DATE:
2001
May 10, 2006
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
MAY 16. 200~PECIAL EVENT REQUEST
4TH OF JULY CELEBRATION
ACTION
City Commission is requested to endorse the 4th of July Celebration, grant a temforary use permit per LDR's
Section 2.4.6(H) for the closure of Atlantic Avenue from the east side ofNE/SE 6 Avenue to Ocean Boulevard
and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to
approximately midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies"
to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately
midnight. Commission is also requested to provide staff support for security and traffic control, street
barricading and banner hanging, stage set up and use, and clean up and trash removal. Attached are a permit
application, site plan and budget for this event.
BACKGROUND
The 4th of July Celebration is sponsored by the City through the Parks and Recreation Department in partnership
with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event
management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with
the fireworks vendor for the display and barge, assists in fundraising, helps obtain sponsors and vendors,
develops and delivers promotional materials, and obtains and coordinates media coverage.
There will be a sand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade
will start at 4:00 p.m. and entertainment will begin at 5:30 p.m. In addition new this year is a children's area
which will be opened at noon. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well
as the Marriott and restaurants on South Ocean Boulevard, will be set up along Ocean Boulevard and Atlantic
Avenue selling food and beverages beginning at approximately 5:00 p.m.
The cost of the fireworks display, barge rental, and docking fees are approximately $82,500. The City
contributes $45,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display
and barge rental. Overtime costs for staff support are approximately $30,000 and are paid for through the City
departmental budgets. In addition, barricade rental costs, portable lighting rental costs and crowd pleasers rental
costs are approximately $6,000. The in-kind value of media and other event support is approximately $150,000.
Liability insurance is assumed by the City.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to
allow assembly on the beach and vendors on A-I-A, approval of parking lot closure extension, and staff support
as stated.
RAB/tas
Attachments
File:u:sweeney/events
Doc: Agenda Item 4th of July 2006
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
~C-
City of Delray Beach
Special Event Permit
Application
DElKAY BEACH
~
ANIIRaClly
, III I!
1993
2001
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
Event NamefTitle: Fourth of July Festivities
Event Date(s):
July 4, 2006
Event Time{s):
Noon to approX1amte~y 10PM
3. Event Sponsor/Producer: City of Delray Beach
4. Event Contact/Coordinator: Joe Weldon X 7251 / Marjorie Ferrer n9-ljl;U X16
5. Address: 100 NW 1st Avenue, Delray Beach, FL 33444
6. Telephone Number: 243-7250 Cellular Number:
7. E-mail Address:weldon@ci.delray-beach.fl.us
8. Event Description: Celebrate Independence Day
9.
10.
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City rx Non-Profit/Charitable 0 Private 0
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event Location/Address: Along the Beach AlA, Veterans Park, Atlantic Ave.
12.
Site plan attached: yes x no
(Site plan required for entire event site)
Event budget attached: yes no x (Will follow)
(Required for all events)
Serving or selling alcoholic beverages: yes no y
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes x no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) X
Playing of amplified music: yes no
(Waiver required)
Requesting Police assistance: yes x no
(Traffic control/security)
13.
14.
15.
16.
I
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
yes
x
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes x
Requesting barricade assistance : yes x
Requesting trash removal/clean up assistance: yes x.
Requesting trash boxes and liners: yes x
Requesting stage use: yes x
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage ~ Half small
stage 0
Requesting signage: yes x (detour) no
Type: Event sign (4'x4') Directional signs x
Banner hanging x Indicate dates required DOT Requirements
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes no x
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
no
no
no
no
no x
no
no
Health Department approval: (see attached) yes
Other vendors: yes x
Tents: yes x
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval?
yes no x
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29.
x
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes x
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) x
Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event?
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
yes
30.
no
31.
x
no
32.
33.
no
x
yes
34.
x
no
yes
2
35. Nei hborhood Block Parties Nei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rig hts-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
~.~
E
P
S-;/II~
Date
.Top. Wp 1 i10n
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
Application fee received $
AJ/4
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
x
x
3
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DELRA Y BEACH
JULY 4TH 2006
CELEBRATION SCHEDULE
8:00 am - 12 noon Sand Sculpting Contest and Kite Demonstration presented by the
Delray Beach Rotary Sunrise. 1pm winners will be announced.
Ocean Boulevard and Atlantic Avenue on the beach. Registration
Information, call 279-1380 ext 17 and 35.
10:00am -10:00pm The 30 x 60 foot American flag will be flown near the beach,
weather permitting, flying high near the intersection of Ocean
Boulevard and Atlantic Avenue, presented by Sunset
Entertainment & Hunter Crane.
Noon - 8:30pm NEW CHILDREN'S AREA - Climbing wall, giant mural, crafts and
much more! Atlantic Avenue at Ocean Boulevard.
3:00pm - Decorate Patriotic Bicycle and Scooter Parade, presented by the Delray
Beach Youth Council, sponsored by Target Stores. Atlantic
Avenue at Veterans Park. Theme will be "Most Patriotic",
Decorate your bikes and scooters and register for the Big Prizes,
including a new bicycle, helmets, gift cards and much more!
4:00pm Parade Parade route will be Veterans Park to Ocean Boulevard at the
Marriott. Open to all ages. For registration information, call 243-
7231.
5:00pm Winners announced and prizes awarded at the entertainment
stage
5:30-8:45pm FREE CONCERT - Atlantic Avenue at Ocean Boulevard.
DELICIOUS FOOD AND BEVERAGES, prepared by Beach
Restaurants and Delray Beach Marriott.
8:30pm First Salute.._30 minutes to show time.
8:45pm A Red, White & Blue 8" Star Shell will let you know show time is in
fifteen minutes. Make sure your radios are set to Sunny 104.3 FM
for the fireworks music simulcast. Mayor Perlman will lead us in
the Pledge of Allegiance to the Giant Flag
9:00pm Fireworks Celebration Introduction
Fireworks by Grucci Duration 22:27 minutes
FROM:
TO:
THROUGH:
SUBJECT: MEETING OF MAY 16, 2006
APPROVAL OF A TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS
TO 1127 NASSAU STREET, WITHIN THE NASSAU PARK HISTORIC DISTRICT
The action requested of the City Commission is approval of the tax exemption request for
improvements to the property located on at 1127 Nassau Street within the Nassau Park Historic
District. The property encompasses the West 27 Feet of Lot 3, Lot 4, and East 35 Feet of Lot 5,
Nassau Park subdivision and contains a contributing structure constructed in 1936.
Earlier this year, the applicant received administrative approval (COA 2006-155) to install a new cedar
shingle roof, which is the roofing material that previously existed.
The applicant has completed the installation of the new roof and is now ready to finalize the tax
exemption request. The tax exemption request will apply to the difference in assessed value after the
improvement. The Historic Preservation Board recommended approval of this tax exemption request
at its meeting of April 19, 2006. The applicant is now before the City Commission for final approval of
the request. Upon approval, the request is forwarded to the Palm Beach County Property Appraiser's
Office and the Palm Beach County Planning and Zoning Department for recordation and final
appraisal of the improvements. Additional background and an analysis of the request are provided in
the attached staff report.
Ad Valorem Standards for Qualifying Improvements
The property qualifies for the tax exemption per LOR Section 4.5.1 (M)(5)(a)(iii) as it is designated as a
historic property, or as contributing property to a historic district, under the terms of the City's historic
preservation ordinance.
Once established as a qualified historic property, qualifying improvements, pursuant to LOR Section
4.5. 1 (M)(5)(b), must meet the following criterion:
(i) Be consistent with the United States Secretary of the Interior's Standards for
Rehabilitation, as amended;
(N) Be determined by the Historic Preservation Board to meet criteria established in rules
adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as
amended;
(Hi) Be consistent with Section 4.5.1 (E), "Development Standards" of the City's Land
Development Regulations; and,
(iv) Include as part of the overall project, visible improvements to the exterior of the structure.
~~
City Commission Memorandum, Page 2
Meeting of May 16, 2006
Tax Abatement Application- 1127 Nassau Street
The newly installed roofing material, cedar, is appropriate to the structure. Therefore, the above
criteria have been met through compliance under the City's Land development Regulations, the
Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation.
Pursuant to LDR Section 4.5.1 (M)(1 0), the "Final Application/ Request for Review of Completed
Work" was submitted when the work was completed. The Final Application includes documentation of
all costs incurred during the project, the restrictive covenant, and the approved building permit
application listing the cost of the work performed. The City's Community Improvement Department
has verified that the work has been completed and passed the final inspection.
As mandated by LDR Section 4.5.1 (M)(1 0), the Historic Preservation Board reviewed the Final
Application during its meeting of April 19, 2006 and determined that the completed improvements
were in compliance with the previously approved request as submitted by the applicant. Pursuant to
LDR Section 4.5.1 (M)(12), upon approval of a Final Application/Request for Review of Completed
Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the
agenda of the City Commission for approval.
The roof installation expenditures total $18,630.00. While this total reflects the expenditures related to
the project as approved by the Historic Preservation Board, the increase in assessed value attributed
to the improvement (as determined by the Palm Beach County Property Appraiser) will be the value
subject to abatement of taxes for a period of ten years from the date of approval.
A. Continue with direction.
B. Approve the tax exemption request for 1127 Nassau Street, Nassau Park Historic District,
based on positive findings with respect to LDR Sections 4.5.1 (M){5)(a)(iii), (M)(5)(b), and (M)(12),
the City's Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
C. Deny the tax exemption request for 1127 Nassau Street, Nassau Park Historic District, with the
basis stated.
Approve the tax exemption request, the "Final Application Request for Review of Completed Work" for
site improvements to the property located at 1127 Nassau Street, Nassau Park Historic District,
based upon positive findings with respect to LDR Sections 4.5.1 (M)(5)(a)(iii), (M)(5)(b) and (M)(12),
the City's Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Report prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· HPB Staff Report of Apri/1 9, 2006
Application Materials
Resolution 21-06
RESOLUTION NO. 21-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO GEORGE G. SIDDALL, JR. & CATHY APPLETON
FOR THE HISTORIC REHABILIATION OF THE PROPERTY LOCATED
AT 1127 NASSAU STREET, AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE
CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic, political, archaeological, and architectural
identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
ApplicationlRequest for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on April 19, 2006, for an ad valorem tax exemption for the
historic renovation and restoration of the property located at 1127 Nassau Street; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 1127
Nassau Street, for a determination that the completed improvements were consistent with LDR Section
4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to George G. Siddall, Jr.
& Cathy Appleton for the restoration, renovation, and improvement to the property located at 1127 Nassau
Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 1127 Nassau Street, as described in the application for ad valorem tax exemption filed
with the City, were consistent with LDR Section 4.5.1(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, George G. Siddall, Jr. & Cathy Appleton, for a ten year period, commencing on 1/1/07, from that
portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/07 - 12/31/16,
resulting from the renovation, restoration, and rehabilitation of the property located at 1127 Nassau Street,
which property is legally described as follows and which improvements are described in HPB Certificate of
Appropriateness No. 2006-155:
Nassau Park West 27 feet of Lot 3, Lot 4 and East 35 feet of Lot 5 (Nassau Street Historic District)
Section 3. Prior to the ad valorem tax exemption described herein being effective, George G.
Siddall, Jf. & Cathy Appleton shall execute and record a restrictive covenant in a form established by the
State of Florida, Department of State, Division of Historical Resources, requiring the qualifying
improvements be maintained during the period that the tax exemption is granted. A copy of the recorded
covenant shall be provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the _ day of
,200_.
ATTEST:
MAYOR
City Clerk
2
DIlKAY BIACH
it~'.'~
A1~_ClIy
, III J:
199-S 199J
:1001 lOCH
HISTORIC .'PRESERVATIONiBOARD
MEMORADUM STAFF REPORT
DELRAY BIACH
~
Al~_ClIy
'IIIJ,:
Property Owner: George G. Siddall, Jr. & Cathy Appleton
Project Location: 1127 Nassau Street, Nassau Park Historic District
HPB Meeting Date: April 19, 2006
COA: 2006-155
ITEM BEFORE THE BOARD
The action requested of the Board is the approval of Parts 1 and 2 of the Ad Valorem Tax
Exemption Application for improvements to a contributing building located at 1127 Nassau
Street, Nassau Park Historic District, pursuant to LDR Section 4.5.1 (M).
BACKGROUND/PROJECT DESCRIPTION
The subject property consists of West 27 Feet of Lot 3, Lot 4, and East 35 Feet of Lot 5, Nassau
Park. The property, zoned Single Family Residential (R-1-A), is within the Nassau Park Historic
District, and contains a contributing structure constructed in 1936.
Earlier this year, the applicant received administrative approval (COA 2006-155) to install a new
cedar shingle roof. No other applications pertaining to the subject property are on file.
The applicant is now before the Board to request review of Parts 1 and 2 of the Ad Valorem Tax
Exemption Application for the improvements stated above as approved with COA 2006-155.
The tax exemption would apply to the expenditures associated with the roof replacement which
total $18,630.00.
Part 1 is the initial evaluation of the property and improvements included in the application
regarding their eligibility for the tax abatement. Part 2, "Final Application/ Request for Review of
Completed Work", requires that the Historic Preservation Board conduct a review at a regularly
scheduled public meeting to determine whether or not the completed improvements are in
compliance with the work described in the Construction Application.
Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project
before, during, or after it has been undertaken. The applicant therefore requests consideration
of an ad valorem tax exemption as the installation is complete.
AD VALOREM TAX EXEMPTION ANALYSIS
Standards for Qualifying Improvements:
LDR Section 4.5.1 (M) (5) (b) states: For an improvement to a historic property to qualify for an
exemption, the improvement must:
(i) Be consistent with the United States Secretary of the Interior's Standards for
Rehabilitation, as amended;
1127 Nassau Street, COA 2006-155
HPB Meeting April 19, 2006
(ii) Be determined by the Historic Preservation Board to meet criteria established in rules
adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as
amended;
(iN) Be consistent with Section 4.5.1 (E), "Development Standards" of the City's Land
Development Regulations; and
(iv) Include as part of the overall project, visible improvements to the exterior of the
structure.
The newly installed roofing material, cedar, is appropriate to the structure. Therefore, the above
criteria have been met through compliance review under the City's Land development
Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation, and was found to meet the standards set forth in each.
In previous Ad Valorem Tax Exemption Applications, Part 1 of the construction application
accompanied the application for a Certificate of Appropriateness. In this case, the application
was submitted after administrative approval of the COA, where the details were reviewed and
subsequently approved. Additionally, as the work is complete, the Board is also reviewing Part
2.
For purposes of the Ad Valorem Tax Exemption, submission and consideration of Part 1 of the
construction application is permitted after construction has begun. Part 2, the "Final Application!
Request for Review of Completed Work" which is submitted when the work is complete, will
include documentation of all costs incurred during the project, along with the approved building
permit application listing the cost of the work performed. The Historic Preservation Board
reviews the Final Application to determine whether the completed improvements are in
compliance with Part 1 of the construction application.
Following the aforementioned final HPB review, the matter will be forwarded to the City
Commission with a recommendation to grant or deny the exemption.
Pursuant to LDR Section 4.5.1 (M)(1 0), Part 2, the "Final Applicationl Request for Review of
Completed Work" was submitted when the work was completed. The Final Application includes
documentation of all costs incurred during the project, the restrictive covenant, and the
approved building permit application listing the cost of the work performed. The City's
Community Improvement Department has verified that the work has been completed and
passed the final inspection.
The Historic Preservation Board's recommendation of Part 2 of the application will be forwarded
to the City Commission for final action. The project must be approved by the City Commission in
order to be forwarded to the Palm Beach County Property Appraiser's Office and the Planning &
Zoning Department for recordation.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Approve the Ad Valorem Tax Exemption Application Parts 1 and 2, regarding COA 2006-
155, for improvements to the property at 1127 Nassau Street, Nassau Park Historic
District, based upon positive findings with respect to LDR Section 4.5.1 (M)(5)(b).
C. Deny the Ad Valorem Tax Exemption Application Parts 1 and 2, regarding COA 2006-155,
for improvements to the property at 1127 Nassau Street, Nassau Park Historic District,
based upon a failure to make positive findings with respect to LOR Section 4.5.1 (M)(5)(b).
2/3
1127 Nassau Street, COA 2006-155
HPB Meeting April 19, 2006
RECOMMEN
By Separate Motions:
Approve the Ad Valorem Tax Exemption Application Parts 1 and 2 for improvements to the
property at 1127 Nassau Street, Nassau Park Historic District, based upon positive findings
with respect to LDR Section 4.5.1 (M)(5)(b).
Recommend to the City Commission approval of Part 2 of the Tax Exemption Application, the
Final Application Request for Review of Completed Work for site improvements for the property
located at 1127 Nassau Street, Nassau Park Historic District based upon positive findings
with respect to LDR Sections 4.5.1 (M)(5)(a)(iii) and (M)(5)(b), the City's Design Guidelines, and
the Secretary of the Interior's Standards for Rehabilitation.
Report prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Ad Valorem Tax Exemption Application, Photos, Owner/Contractor Agreement,
Expenditure Documentation.
3/3
DOS Form No. HR3EIOl292
Revised 09/03/00
lIi~toric Pn~scn atiol1 Property Tax Excmption Application
Part 1 - E, aluation of Propert~ Eligibility
Read the attached instructions carefully before completing this application. Yom application cannot be evaluated
unless it is complete and all required supporting materials are provided. In the event of any discrepancy between the
application form and other supplementary material submitted with it (such as architectural plans, drawings and
specifications), the application form shall take precedence. Type or print clearly in black ink. If additional space is
needed, attach additional sheets.
1. Property identification and location:
12-43-46-16-27-000-0031
Property Identification Number (from tax records): ' 74.ttacn legal description of property
Address of property: Street 1127 Nassau Street
City Delray Beach
( ) Individually National Register listed
( ) In a National Register district
County Palm Beach
Zip Code 33483
( ) Locally designated historic property or landmark.
00 In a locally designated district
* For applications submitted to the Division of Historical Resources, attach a copy of the local designation report
for the property and the official correspondence notifying the property owner of designation.
Nameofhistoricdistrict NASSAU PARK HISTORIC DISTRICT
For locally designated historic properties or landmarks, or properties located in locally designated historic
districts, provide the following additional information:
Name oflocalhistoric preservation agency/office City of Delray Beach Historic Preservation
Board
Mailing Address 100 NW 1 st Ave.
City Delray Beach
State Florida
ZipCode 33444
Telephone Number (2QJJ 243 - 7 2 84
2. Type of request:
(JQ Exemption under 196.1997, F.S. (standard exemption)
( ) Exemption under 196.1998, F.S. (exemption for properties occupied by non-profit organizations or
government agencies and regularly open to the pubic) If applying under s. 196.1998, F.S., complete
Question 9 on page five.
3. Owner information:
Nameofindividualororganizationowningtheproperty ~porgl? G. SiddalL Jr. & Cathy Appleton
Mailingaddress 1127 Nassau Street
City Delray Beach
State Florida
Zip code 33483
Daytime Telephone Number ~ 274 - 8 330
If the property is in multiple ownership, attach a list of all owners with their mailing addresses.
1. Property Iderl ,fication and location:
Legal Description of the Property
NASSAU PARK West 27 Feet of Lot 3, Lot 4 and East 35 Feet
of Lot 5 (Nassau Street Historic District)
1\1,,-:: r\\O - i li~tOrIC 1)(2SCI"\ ation Propel"t) L1\ E\emptlOn \pplicatJon
DOS Form No. HR3EIOI292
Revised 09/03/00
Property Identification Number 12-43-46-16-27-000-0031
PropertyA~ 1127 Nassau street. Delray Beach. Florida 33483
4 Own. Attestation. I hereby attest that the infonnation I have provided is, to the best of my knowledge, correct,
. er . d1O' . :I."'.... f the property Further by
and that I own the property descn'bed above or that I am legally the au nty m c~&e 0 . .. . Historical
submission of this Application, I agree to allow access to the J?roperty by representatives of~e DIVISion of.
Resourc~ or the Local Historic Preservation Office ,where such office exists. and appropna~ rCJ?resenfD;tives of ~
local government from which the exemption is being requested. for the .p~ose of verifi~t1on of .information
provided in this Application. I also understand that, if the requ~te? ex~tion IS granted, I ~ ~ reqwred to enter
into a Covenant with the local government granting the exemption m which I must agree to mamtam the character of
the property and the qualifying improvements for the term of the exemption.
~<=- G, !J;~JIIII,;rR.. ~ tf ~.k1..l~~
. vApple+of\' S . "V;rUr~
Complete.llie following if signing for an organizati~ or muJtiplf: owners:
"2. -"3 ~o~
Date ~ -3-D 4>
Title Organization name
omr?AlrtfiA;1IIf}&~~Y!Em~~f4~~~~1~;1t,~~;[~~~<~@~!;j);1k~lt~".;:;'!7~~~j~~~~1I~~~~~~~
rr~ ~'"~;~piet~";uh. for ;~~rti;.b. bj;t;rle o;";--~J.;e;J;~e;l. di;tricts);' . m. .
s. Description of Physical Appearance:
Single family residential home within a local historic district. This one-story, gable-hipped roofed, wood-sided home,
square shaped in design was built in 1937 of Dade County pine. It features regularly spaced double-hung rope
windows on the rear, east and front exterior sides of the square shape design as well as on the south, west and north
interior sides of the square. The windows are draped with original and functional wood shutters. An attached single
car garage is located to the west and rear of the home with a single double lined driveway leading to the garage that
passes the front door entrance. On the east and front side of the home is an open outdoor trellis. A courtyard exists
within the interior square shape of the home. Interiorly, to the front of the home, the living room contains the original
and functional wood burning fireplace. Other prominent interior features include the original hardwood floors, built-in
dining room comer cabinets, cypress paneled ceilings and areas in certain rooms.
Date of Construction 1 937
Date(s)ofAlteration(s) dates unknown
Has building been moved? ( )Yes (x)No If8O, when?
6. Statement of Significance: Single family residential home within a local historic district. The Nassau Park
Historic District was the City's first planned residential development south of Atlantic Avenue. It was created to
compliment the surrounding resorts and hotels located along South Ocean Boulevard. Delray Beach served as the in
vogue winter colony that attracted socialites, artists and writers. Built between 1935-1941 or during the "Golden Age"
of Delray Beach architecture; Nassau Park exemplifies the modest wood frame cottages in various revival styles, such
as the Cape Cod Revival and Minimal Traditional styles characteristic of the low key "Old Delray style" of Nassau
Park. The developer R. C. MacNeil commissioned architect Samuel Ogren, Sr. to design the first house built in 1935.
The District spans a two block area of Nassau Street depicting the profusion of cottages and bungalows featuring one
and one-half stories derived from types favored by British communities in Colonial India. This one story modest wood
frame home is typical in appearance, size, scale and history. What is unique about this home is it has retained a
significant originality ofmateriaIs, basic plan, size and architectural features. Additionally, it is located as the second
home on the main ocean entrance to the ~. .
DOS Form No. HR3EIOI292
Revised 09/03/00
p,,~c I 11Iee - Historic Prescnation Pmpcn) 1 a\ E\cmptlon ,\pplic.!tion
&~M~tifi~tionN~r12-43-46-16-27-000-0031
&operty Address
1127 Nassau Street. Delray 'R~~rh! Florida 334A~
7. Photographs and maps:
Attach photographs and maps to appJi~tion.
. .
lIistoric Presen ation Property Tax Exemption .\pplication
Part 2 - Description of Improvements
DOS Fonn No. HR3EI01292
Revised 09/03/00
P F
(To be completed by all applicants):
Complete the blocks below. Include site work, new construction, alterations, etc.
Property Identification Nwnber 12 - 4 3 -4 6-16- 2 7 - 0 0 0 - 00 31
PropertJAddress 1127 Nassau Street, Delray Beach, Florida
33483
tt..
Feature Roof
Approx. date of feature 1 937
Descnoe existing feature and its condition:
The roof consists of cedar
shakes that require replace-
ment.
Descnoe work and impact on existing featUre:
A new cedar shake roof is to be
installed.
Photo no..
Drawing no.
Feature
Approx. date of feature
DescnDe existing feature and its condition:
Describe work and impact on existing feature:
Photo no.
Drawing no.
Feature
Approx. date of feature
DescnDe existing feature and its condition:
Descnbe work and impact on existing feature:
Photo no.
Drawing no.
DOS Form No. HR3EIOI292
Revised 09/03/00
P,l~c Se\cll -- I jj,tur;c Prc,cl'\:::tJG:l P;opelt;. Ll\ Exemptioll AppllCiltlOIl
Property Identification Number 12-43-46-16- 2 7 -000-0031
Property Address 1127 Nassau Street. Delray Beach, Florida 334A3
1. Use(s) before improvement: Sinale Family Residential Horn!'>
2. Proposed use(s) after improvement: Single Family Residentia1 Home
NOTE: Applicants should check with local officials to detennine whether or not the exemption program offered Oy
their municipal government and/or county allows the special exemption provided by s. 196.1998, F.s.
1. IdentifY the governmental agency or non-profit organization that occupies the building or archaeological site:
2. How often does this organization or agency use the building or archaeological site?
3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the
total area of the upland component in acres) square feet( ) acres( )
4. How much area does the organization or agency use? square feet( ) acres( )
5. What percentage of the usable area does the organization or agency use? %
6. Is the property open to the public ( )Yes ()No If so, when?
7. Are there regular hours? ( )Yes ( )No Ifso, what are they?
8. Is the property also open by appointment? ( )Yes ( )No
9. Is the property openonlvby appointment? ( )Yes ( )No
Page Eight - Historic Presel'\i1t!OIl Propell;. fa\ Ewmptlol1 .-\pplic<ltion
DOS Form No. HR3EI 01 292
Revised. 09/03/00
PART 1 APPLICATION REVIEW
For Local Historic Preservation Office or Division Use Only
Pr~ertyId~tification~er 12-43-46-16-27-000-0031
Property Address 1127 Nassau Street, Delray Beach, Florida 33483
The ( )Local Preservation Office ( )Division has reviewed the Historic Preservation Pr~erty Tax Exemption
Application for the above named property and hereby:
( ) Certifies that the above referenced property QUalifies as a historic property consistent with
the provisions of s. 196.1997 (11), F.S.
( ) Certifies that the above referenced property does not Qualifv as a historic property consistent with
the provisions ofs. 196.1997 (11), F.S.
( ) Certifies that the above referenced property Qualifies for the SPecial exemption provided under s.
196.1998, F.S., for properties occupied by non-profit organizations or government agencies and
regularly open to the public.
( ) Certifies that the above referenced property does not Qualify for the special exemption provided under s.i196.1998, F.S.
Review Comments:
Additional Review Connnents attached? Yes( ) No( )
Signature
Typed or printed name
Title
Date
Pd~c i\: ine - H Istorle Pre:,cr\ dtion Propel t;. Ta\ E\emptlL111 i\ppl iCdtlOIl
DOS FonnNo. HR3EIOl292
Revised 09/03/00
PART 2 APPLICATION REVIEW
For Local Historic Preservation Office or Division Use Only
hopertyIdentificationNumber 12-43-46-16-27-000-0031
Pr~ertyAddress 1127 Nassau Street, Delray Ren~h, Florida
33483
The ( )Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption
Application for the above named property and hereby:
( ) Detennines that improvements to the above referenced property are consistent with the Secretary of
Interior's Standards for Rehabilitation and Guidelines for Rehabilitatine Historic Buildings. and the
criteria set forth in Chapter lA-38, FA.C.
( ) Determines that improvements to the above referenced property are not consistent with the Secretary
of Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic BuildiDus, and the
criteria set forth in Chapter lA-38, F.A.C. All work not consistent with the referenced Standards,
Guidelines and criteria are identified in the Review Comments. Recommendations to assist the
applicant in bringing the proposed work into compliance with the referenced Standards. Guidelines
and criteria are provided in the Review Comments.
Review Comments:
Additional Review Comments attached? Yes( ) No( )
Signature
Typed or printed name
Title
Date
-
IIistoric Preservation Property Tax Exemption Application
Part 3 - Request fo." Rcvicn of Completed n ork
DOS Form No. HR3EI01292
Revised 09/03/00
P 't
Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed
work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resomces
or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive
description of the completed work. They should be the same views as the before photographs included in Part 2 of
the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources
or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property
tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work.
t. Property identification and location:
Property Identification Number:1 2 - 4 3 - 46 -16 - 2 7 - 0 0 0 - 0031
Address of property: Street 1127 Nassau Street
City Delray Beach
County Palm Beach
Zip Code
33483
2. Data on restoration, rehabilitation, or renovation project:
Project starting date Ma r~h ?OOf1
Project completion date: Ma r c h 2006
Estimated cost of entire project $ $18,630.00 estimated
Estimated costs attnbuted solely to work on historic buildings or archaeological site: $ $ 1 A r 6 3 0 . 00
3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration,
rehabilitation or renovation work descnbed above and in Part 2 of the Historic Preservation Property Tax Exemption
Application (Application) submitted for this project. I attest that the information provided is, to the best of my
knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. and is consistent with the work
descnbed in Part 2 of the Application. I also attest that I am the owner of the property descnbed above or, if the
property is not owned by an. individual, that I am the duly authorized representative of the owner. Fmther, by
submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the
property by representatives of the Division of Historical Resomces or the Local Historic Preservation Office, where
such office exists, and appropriate representatives of the local government from which the exemption is being
requested, for the purpose of verification of information provided in the Application and this Request. I understand
that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government
granting the exemption in which I must agree to maintain the character of the property and the qualifying
improvements for the term of the exemption. I also understand that falsification of factual representations in this
Application or Request is subject to criminal sanctions pmsuant to the Laws of Florida.
George G. Sidda1L Jr. {J,.~t;)~;A 2-3-0<:-
Name Si ture Date
Complete the following if signingjOr an organization or multiple owners (See next page for additional owners):
Title
Organization name
Mailing Address
City
Daytime Telephone Number ( )
State
Zip Code
(
Page Ele\en - Request for Rc\ ie\\ ofComplded Work
DOS FonnNo. HR3EI01292
Revised 09/03/00
List Additional Owners:
Name Cathy Appleton
Street 1127 Nassau Street
ZipCode 33483
City Delray Beach
State Florida
Natne
Street
City
Zip Code
State
Name
Street
City
Zip Code
State
If there are additional owners, provide the indicated information for each on a separate sheet of paper.
PropertyIdentificationNmnber 12-43-46-16-27-000-0031
Property Address 1127 Nassau Street, Delray Beach. Florida 33483
The ( )Local Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed
Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby:
( ) Determines that the completed improvements to the property are consistent with the Secretary of the
Interior's Standards for Rehabititation and Guidelines for Rehabilitating Historic Buildine:s. and other
criteria set forth in Chapter lA-38, F.A.C., and, therefore, recommends approval of the requested historic
preservation tax exemption.
( ) Determines that the completed improvements to the above referenced property are not consistent with the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings. and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends denial
of the requested historic preservation tax exemption for the reasons stated in the Review Comments
below.
Review Comments:
1~4:'::- ti44
Invoice
uDO~ rn~(B~~ffi)7 rnmm~D~rn ffiW[l~[PffimD~~D Dmffio
5081 LANTANA RD., LANTANA, FL 33463 Field Office W.P.B.
(561) 439-6668 or Toll Free (800) SHAKE-IT (1-800-742-5348)
ShakeMasterS™
SHfiKEeCHEM™
JOB LOCATION:
Siddall - Cedar Shake Reroof
SOLD TO:
Bud Siddall
1127 Nassau St
Delray Beach, FL 33483
1127 Nassau St
Delray Beach, FL 33483
DATE:
INVOICE NO:
CUSTOMER'S ORDER:
PROP 11/8/05
I REPRESENTATIVE:
John Zivich-Anthony Sciandra
I (;~~:)F274-6601
DESCRIPTION
2/22/06 1942
(561 ) 350-8330
I ~~~N RECEIPT
I PHONE: Beeper
DIV: CONTRACT NO:
PHONE: Home
SIM 5381
I PHONE: Cellular
AMOUNT
CEDAR REROOFING OF HOME DUE TO HURRICANE: (Excluding Flat Roofs)
( AS PER PROPOSAL OF 11/8/05 ):
$18,630.00
LESS PAYMENTS, RECEIVED:
12/6/05 Deposit Check 2587
-4,658.00
TOTAL DUE:
$13,972.00
~V}I 0 . :t ~'!
,,.1 ~ ,3,17';- 194
3-3-0(0 ~~
Make All Checks Payable To: RRC Inc.
PLEASE REMIT YELLOW COPY WITH PAYMENT
Community
Improvement
Memo
$J
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: May 11, 2006
Re: Community Service Council Grant Award - Beacon Center at
Village Academy
ITEM BEFORE THE COMMISSION:
Approval to submit to the Community Service Council (CSC) of Palm Beach
County, the proposed budget and request for funding for Fiscal Year 2006-
07 for the Beacon Center Program at Village Academy. CSC has authorized
a 7.3% increase in the annual award, thus the total request for funding is
$853,075.
BACKGROUND:
The City agreed to become the fiscal agent for grant dollars funded through
the Children's Service Council supporting the program and services for the
Beacon Center and selecting as its non-profit partner to carry out the
activities, the Community Child Care Center. The budget included an
allocation for Families First of Palm Beach County who is responsible for
providing social services to the children and families of the Beacon Center.
The baseline budget establishes the level of funding that will be allocated to
the program. All required contracts and agreements will be done by the
June 24 deadline established by CSC.
Attached is a copy of the baseline budgets for the Beacon Center and
Families First Program. Final contractual agreements will come back to the
City Commission for approval under separate cover sometime in June.
RECOMMENDATION:
Approve the submittal of the proposed budget and request for funding for
Fiscal Year 2006-07 for the Beacon Center Program at Village Academy to
the Community Service Council (CSC) of Palm Beach County.
Attachment: 2006/07 Budgets
1
3E
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Agenda Item No.: *
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: May 11, 2006
When: May 16, 2006
Description of item:
Authorization and approval to submit to the Community Service Council (CSC) of Palm
Beach County, the proposed budget and request for funding for Fiscal Year 2006-07 for
the Beacon Center Program at Village Academy.
Recommendation:
Staff recommends approval and execution of the submittal of the proposed budget and
request for funding for FY2006-07.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
@/NO ?1
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ttt1
AGENDA ITEM # ~ - REGULAR MEETING OF MAY 16. 2006
SERVICE AUTHORIZATION NO. 2.0/KIMLEY-HORN AND
ASSOCIATES, INC.
TO:
SUBJECT:
DATE:
MAY 12,2006
lbis is before the Commission to approve Service Authorization No. 2.0 to Kimley-Hom and
Associates, Inc. in the amount of $23,558.00 for schematic site plan work to develop the new soccer
complex at the former Atlantic High School site.
The 9-acre site will include three (3) soccer fields, a concession stand, and public parking.
Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex).
Recommend approval of Service Authorization No. 2.0 to Kimley-Hom and Associates, Inc. in the
amount of $23,558.00 for schematic site plan work to develop the new soccer complex at the former
Atlantic High School site.
S:\City Clerk\agenda cover memos\SA 20 Kimley Horn Soccer 051606
www.MvDelrayBeach.com
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO:
David T. Harden
DATE:
Jill Skaggs 1~'
May 9, 2006
FROM:
SUBJECT:
Soccer Complex
Service Authorization # 2.0
Kimley-Horn & Associates, Inc.
Project #2004-051
The attached Service Authorization Number 2,0 with Kimley-Horn and Associates, Inc.
is for the schematic site plan work to develop the new soccer complex, located at the
old Atlantic High School site. This 9-acre site will include three soccer fields, a
concession stand and public parking.
Detail design of this park will be developed under a separate service authorization.
The length of this service authorization will be 90 days.
Total cost is $23,558,00; funding is available in account # 380-4150-572-63.49.
The attached map shows the location of this park.
Please place this service authorization on the May 16, 2006 Commission agenda,
Thanks!
Ene
Ce Richard Hasko, P,E., Director of Environmental Services
Randal Krejcarek, P.E" City Engineer
Joe Weldon, Dir. Of Parks & Recreation
Joe Safford, Finance Director
Carolanne Kucmerowski
Agenda File, May 16, 2006
Project File, 2004-051 (E)
S:\EngAdmin\Projects\2004\2004-051\OFFICIAL\2006 may 16 agenda memo. doc
CONSULTING SERVICE AUTHORIZATION
DATE: May 11,2006
SERVICE AUTHORIZATION NO, Z. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE ~60-4\SO-S12 -&'3.43 '
TITLE: SITE PLANNING AND PUBLIC INVOLVEMENT FOR THE
ATLANTIC mGH SCHOOL SOCCER COMPLEX
I. PROJECT DESCRIPTION
The City of Delray Beach (City) passed a $24 million Parks Bond Program to finance
improvements to the City's Parks, Library and Old School Square. The second
assignment presented to the Kimley-Hom and Associates team (Consultant) is to
prepare a schematic site plan, and coordinate with the local community for
development of a City Soccer Complex at the old Atlantic High School site. The
Soccer Complex site is approximately 9 acres in size and proposed improvements
include three soccer fields, a concession stand and public parking, Some of the
parking and possibly soccer, baseball and softball facilities may be shared with the
school board.
II. SCOPE OF SERVICES
This work authorization includes the necessary site evaluation, conceptual planning,
public involvement and coordination needed to prepare a schematic site plan for the
project.
1.0 PROJECT SURVEY
A Preliminary Boundary and Topographic Survey has been prepared by Heller-
Weaver and Sheremeta (HWS), The City will provide CADD files of all survey
information and obtain additional information through HWS if required,
2.0 SITE REVIEW AND RECORDS EVALUATION
The CONSULTANT will visit the site and review available record drawings, utility
maps, permit records and other information provided to us by the City and School
Board to determine the function and uses of the existing facilities. Specifically, the
storm water retention areas on site will be reviewed to see if they can be modified or
otherwise used to incorporate runoff from the proposed improvements. Additionally,
the size and quality of the existing tree canopy will be qualitatively evaluated.
City of Del ray Beach, May 11, 2006, Page 2
3.0 PRELIMINARY SCHEMATIC SITE PLAN PREPARATION
Once the existing site condition has been ascertained and understood three preliminary
schematic site plans will be prepared to generally reflect the existing and proposed
uses of the Park. Schematic improvements will be consistent with those outlined in
the City's master plan and will include three soccer fields, a concession stand and
public parking, Once the preliminary schematic site plans have been prepared a review
meeting will be held with City Staff to obtain input and prepare for the public
presentations described below,
4.0 PUBLIC INVOLVEMENT AND COORDINATION
On approval by the City, the CONSULTANT will conduct a meeting with the Delray
Soccer Association to present the three options and obtain feedback.
Public Workshop- The Consultant shall facilitate up to three public workshops with
the Delray Soccer Association for discussion regarding the schematic site plan and
design and development program for the park. The agenda for the public workshops
shall discuss the community needs for the proposed park, the schematic site plan, the
proposed improvements, the facility utilization and opportunities for integrating public
art into the proposed park. The Client shall be responsible for public advertisement
and notifications, as well as reservation of a meeting space and any refreshments
required. The team shall provide sign-in sheets and flipcharts to record public
comments.
5.0 FINAL SCHEMATIC SITE PLAN PREPARATION
Once comments are received from the public meetings, a final schematic site plan will
be prepared. The Consultant will meet with the City to review public comments from
the workshops and to agree on the elements that will be included in the final site plan
The final schematic site plan will include a preliminary layout of all proposed
improvements (soccer field, concession stand etc), manufacturers data on equipment
and preliminary opinion of construction cost.
Once the final site plan is complete, a presentation will be made to the City
Commission prior to initiating contract document preparation.
6.0 SERVICES NOT INCLUDED
This authorization is intended to be for planning purposes only and does not include
any preparation of construction documents. Additionally, due to the requirements of
the site plan approval process by the City (preliminary engineering plans, landscape
plans, etc) a formal site plan approval is not included in this authorization,
City of Delray Beach, May 11, 2006, Page 3
7.0 INFORMATION PROVIDED BY THE CITY
In addition to providing site access assistance, the City shall provide the Consultant
with all pertinent available records to be reviewed as part of Task 2.0 outlined above.
The City shall also provide initial contact information for the anticipated attendees at
the public meetings, as well as the appropriate City agencies and departments.
III. BUDGET
The CONSULTANT will provide the basic services described in this scope of services
for the lump sum amount of $23,558.00 as shown in the attached staff hour estimate.
This fee includes $21,847.00 oflabor and $1,712.00 of expenses. The lump sum
amount does not include any allowance for Additional Services.
IV. COMPLETION DATE
We anticipate that the services described above will be completed within 90 days of
obtaining Commission approval of this Service Authorization.
The CONSULTANT may not commence work on any service authorization approved
by the City to be included as part of the contract without a further Notice to Proceed.
Approved by:
CITY OF DELRA Y BEACH:
KIMLEY-HORN AND ASSOCIATES, INC
Date:
Date:
By:
Mayor
(Seal)
Witness
Witness
Attest:
Approved as to Legal
Sufficiency and Form
City of Delray Beach, May 11, 2006, Page 4
Attest:
BEFORE ME, the foregoing instrument,
This _ day of , 2006
was acknowledged by
on behalf of the Corporation and said
person executed the same free and
voluntarily for the purpose there-in
expressed.
Witness my hand and seal in the County
and State aforesaid this
day of , 2006.
Notary Public
State of Florida
My Commission Expires:
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W-dC CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
04 SOUTH 8WHTON AYEHE, DB.RAY lEACH, I"\.amA 38444
SOCCER COMPLEX
LOCATION MAP
2004-051
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DAlE: 05/10/2006
_IIUlIL/lIllIIlIIN
1 OF 1
Date:
Mav 9. 2006
AGENDA ITEM NUMBER: tJ-
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
May 16. 2006
Description of Agenda Item (who, what, where, how much):
This agenda is for Service Authorization Number 2.0 with Kimley. Horn and
Associates, Inc. for schematic site plan work to develop the new Soccer Complex. This
9-acre site will include three soccer fields, a concession stand and parking facilities.
The cost is $23,558.00. Funding is available in account # 380.4150.572.63.49.
Recommendation: Staffreoomme~ ~
Department Head Signature: (
~f\- bb
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review <req~ all item. invoIving ellpellditure offunds):
Funding Available:~o Initials: /A:::f
Account Number '380 - '-1/ S2> -..572. b :3 - 41
Description <;; ~CLey {! Orn..pL0y
Account Balance: % ~ OJ..; V DtJ
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & No Initials: P1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \.Projects \2004\.2004'051 \OFFICIAL \2006 may 16 agenda.doc
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CfIY MANAGER fJi\
SUBJECT: AGENDA ITEM # .~~ - REGULAR MEETING OF MAY 16. 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
MAY 12,2006
Attached is the Report of Appealable Land Use Items for the period May 1, 2006 through May 12,2006.
It informs the Commission of the various land use actions taken by the designated boards that may be
appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 051606
FROM:
DAVID T. HAR~~ ANA ER
PAUL DORLlNG, DIRECTOR 0 LANNING AND ZONING
JASMIN ALLEN, PLANNER" ~Nt ae6~
MEETING OF MAY16, 200 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS MAY 1, 2006 THRU MAY 12, 2006
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of May 1, 2006 through May 12, 2006.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission as
an appealed item.
No Regular meeting of the Planning and Zoning Board was held during this period.
A. Approved (7 to 0), a request for a color change for the Original Pancake House Center, an
existing restaurant, located on the west side of South Federal Highway, south of Linton Boulevard
(1840 South Federal Highway).
B. Approved (7 to 0), a request for a color change for Brooks Lane Condominium Association,
located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (110 South
Ocean Boulevard).
C. Approved (7 to 0), a request for a color change for 331 East Atlantic Avenue (Bank United),
located at the northwest corner of East Atlantic Avenue and NE 4th Avenue.
D. Approved with conditions (7 to 0), a Class I site plan modification associated with the installation
of two 3,000 gallons chlorine storage tanks for South-Central Pools, located at 1395 NW 1 th
Avenue within the Delray Park of Commerce at the northeast corner of Lake Ida Road and
Congress Avenue.
E. Approved with conditions (7 to 0), a Class I site plan modification and architectural elevation plan
associated with the installation of a bank teller window and automatic teller machine for Sun
American Bank, located within Congress Square Plaza at the southwest corner of Congress
Avenue and West Atlantic Avenue (2160 West Atlantic Avenue).
City Commission Documentation
Appealable Items Meeting of May 16, 2006
F. Approved with conditions (7 to 0), a Class I site plan modification and architectural elevation plan
associated with the addition of three awnings for Tramonti Italian Restaurant, located on the
north side of East Atlantic Avenue, east of NE 1st Avenue (119 East Atlantic Avenue).
G. Approved with conditions (5 to 0, Jose Aguila and Andrew Youngross stepped down), a Class I
site plan modification and architectural elevation plan associated with the construction of three
new pedestrian entry gates and incidental modification to the gatehouse for Delray Harbor Club,
located on the east side of South Federal Highway, south of SE 10th Street (1035 South Federal
Highway).
H. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of a mixed use development that consists of 9 residential
units and 1,050 sq. ft. of office area for 280-290 NE 2nd Avenue. Concurrently, the Board
approved the following waivers:
. Reduced the required 20' sight visibility triangle at the intersection of NE 2nd Avenue and the
parking garage access drive to 13' 5" on the north side and 9' on the south side (6 to 1 vote,
Christina Morrison dissenting),.
. Reduced the required 20' sight visibility triangle at the intersection of the west alley and the
parking garage access drive to 13' on the south side and 16' 4" on the north side (7 to 0 vote).
I. Postponed (7 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of a mixed use and multiple family project that contains 45
multiple family dwelling units, 6,435 sq. ft. of retail floor area and 35,647 sq. ft. of office floor area
for Parc Place North at Delray Beach, located on the east side of North Federal Highway,
approximately 860 feet south of Gulf Stream Boulevard. The Board requested that the applicant
redesign the mixed-use building as well as reconsider the retail element within the mixed-use
building. The Board also requested that the applicant provide additional architectural elements on
the building elevations fronting on Federal Highway.
1. Approved (7 to 0), a Certificate of Appropriateness associated with a roof material change from
asphalt shingle to cedar-shake for a contributing single family residence located at 701 North
Swinton Avenue.
2. Accepted (7 to 0), the request for the proposed designation to the Local Register of Historic
Places for the Delray Depot/Florida East Coast Railway Station, located at 200 NE 1st Street
and established the required public hearing date for June 5, 2006 for the proposed designation.
By motion, receive and file this report.
Attachment: Location Map
2
C/7Y OF DELRAY BEACH, FLORIDA
City Commission Meeting -
MAY 16,2006
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2. DELRA Y DEPOT
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
APRIL 2006
- - DIGITAL BASE MAP SYSTEM --
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CI1Y MANAGER~
AGENDA ITEM . I - REGULAR MEETING OF MAY 16.2006
SPECIAL EVENT REOUEST /2006 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT
SUBJECT:
DATE:
MAY 12,2006
This is before the Commission to approve a special event request from Exclusive Sports Marketing to
allow the 2006 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach
on June 10 and 11, 2006. Details are outlined in the attached memorandum from Mr. Weldon. We
have hosted this event for the past eleven years and it has been very successful.
Recommend approval of the special event request for the 2006 Exclusive Sports Marketing Volleyball
Tournament.
S:\City Clerk\agenda memos\2006Volleyball Tournament 051606
[ITY DF DELRAY BEA[H
DElRAY BEACH
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444
561/243-7000
Dad
All-America City
, III I!
MEMORANDUM
1993
2001
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: 2006 Exclusive Sports Marketing Volleyball Tournament
DATE:
May 1, 2006
Attached please find a request from David Swanson of Exclusive Sports
Marketing to bring their 2006 Volleyball Tournament to Delray Beach on
June 10 and 11, 2006.
Exclusive Sports Marketing has requested the following for the tournament
which is to be held south of Sandoway Park:
1.) 2 center court areas and four 5' X 7' X 17' scaffolding towers on the
beach just south of S3 as well as 30-40 ancillary volleyball courts south
of this area.
2.) A 10' X 10' platform stage, two 16' X 16' tents, two inflatables, and
nine 10' X 10' pop-up tents for vendor display and player aid stations
around the center court areas and at spots along the beach area.
3.) Allow their event truck access to the beach Wednesday through Sunday
and provide a place for overnight parking upon approval of Ocean Rescue
Superintendent as well as parking permits for event/promotions staff and
VIP.
4.) Allow signage publicizing this event and sponsors on the beach.
5.) Provide two sets of bleachers for seating around center court areas.
* Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
2
6. ) Exclusive Sports Marketing will play recorded music, music from
sponsor radio station and do event announcing from the main staging area.
7.) Exclusive Sports Marketing will have a sound system to be used for
announcements, music and match commentary.
8.) Exclusive Sports Marketing will compensate our cabana service for
lost revenues, if applicable.
9.) Exclusive Sports Marketing has provided us with a certificate of
insurance, naming the City of Delray Beach as additional insured with a
minimum of $1,000,000 liability.
10.) Exclusive Sports Marketing will donate $1,000 to the Ocean Lifeguard
competition fund.
11.) Our lifeguards will collect a $5 parking fee from each participant
and parking will be at Sandoway and Anchor Parks.
As you may recall, we hosted this tournament the previous eleven years
and they were very successful. I recommend approval for this event, and
request you place it on the May 16, 2006 agenda for City Commission
consideration.
Please review and advise.
Parks and Recreation
Attachment
cc: Carolanne Kucmerowski
Agenda Coordinator
Robert Taylor
Ocean Rescue Superintendent
JW: cp
Ref:vollybal
~C\..USIVE SPO~)-.s
~.:lVI
"'ARKET\1lG
Providing the Best in Recreation & Sports Entertainment
April 3, 2006
Bob Taylor
Ocean Rescue Superintendent
340 S Ocean Blvd
Delray Beach, FL 33483
Bob,
Weare requesting permission for the Zephyrhills Beach Volleyball Series to once again
be held in Delray Beach. We would like to bring the series into Delray Beach on the
weekend of June 10-11, 2006. The series will follow similar logistical guidelines as
required in previous years. We would arrive and begin setup on Wednesday, June 7 and
have the beach cleaned and cleared by Sunday night, June 11.
The tournament will consist of 30-40 beach volleyball courts. The two center courts will
be the only area additional structures are set up (layout included). Our larger items
include: one 10'x 10' platform stage, two 16' x 16' tents, two inflatables, four 5'x Tx
IT scaffolding towers, and nine lO'x 10' pop up tents. These are the same items as years
past with no major additional structures being planned.
In 2005 the tournament each drew 193 teams during the weekend event. We look to at
least maintain those numbers in 2006, but we are anticipating an increased turnout ideally
closer to 225 teams for the weekend. We anticipate through our athletes, families,
friends, and beach spectators a minimum of 1000 people at the weekend event in Delray
Beach. Of our loyal supporters that continue to come to the beach for the tournament
have a strong economic impact on the businesses of Delray Beach, and we look forward
to your continued support.
Delray Beach has been a mainstay on our series schedule. Our staff, athletes, sponsors,
and spectators are familiar with the event. Having our office in Boca Raton, Delray
Beach has become our backyard for beach volleyball. I appreciate your help last year and
you taking the time to work with a new face in Steve's program. If you have any
questions please contact me. I look forward to making another successful event.
Sincerely,
~~
David Swanson
Event Director
561.241.3801 ext. 108
Mobile: 561.504.6762
davidswanson@exclusivesports.com
www.digthebeach.com
1060 Holland Drive Suite 3L . Boca Raton, FL 33487
TeI561.241.3801 . Fax 561.241.3805. www.exclusivesports.com
c:C\..USIVE SPOIi.,.~
FM
"'ARKETING
Providing the Best in Recreation & Sports Entertainment
April 18, 2006
Bob Taylor
City of Delray Beach
340 South Ocean Boulevard
Delray Beach, FL 33483
Bob,
The following is a plan of execution for beach volleyball tournament scheduled for June
10-11,2006.
Zephyrhills Beach Volleyball Series Powered by ExxonMobil
. 3 rd of the 10 stops during the 2006 season
. 2004: 160 teams
. 2005: 193 teams
. 2006: ideally anticipating 225 teams
Exclusive Sports Marketing, Inc.
. Celebrating 20th anniversary in 2006
. 15 years producing beach volleyball events
. Over 200 tournaments produced in FL, GI, SC, NC, V A, TX, and the Bahamas
Dates
Tournament play on Saturday and Sunday, June 10-11,2006
. Crew arrives on Wednesday, June 7
. Crew departs on Sunday, June 11
. Projected timeline enclosed
Location
The event site in 2005 was south of Atlantic Avenue approximately 1/4 mile and adjacent
to Sandoway Park. We plan to push the entire setup farther south into the recreational
area.
. Overall site plan enclosed
. Center court site plan enclosed
. Bleachers - city provides 2 sets as in previous years, delivered on Friday, June 9
. Sound System - used for P A announcements, music, and match commentary
ESM Vehicle Parking
. Event box truck staged on S Ocean Blvd.
. All other ESM vehicles will be staged in parking lots for overnight parking
. Ocean Rescue will create parking permits for event/promotions staff and VIP
1060 Holland Drive Suite 3L . Boca Raton, FL 33487
TeI561.241.3801 . Fax 561.241.3805. www,exclusivesports.com
~C\.USIVE SPO~)-.s
~..~
"'ARKET\tlG
Providing the Best in Recreation & Sports Entertainment
Athlete Parking
. Ocean Rescue will oversee athlete parking
. $5 for athletes all day parking pass for Sandoway and Anchor parking lots
Cabana Services
. ESM will contact Oceanside Beach Service to ensure both the cabanas and
volleyball courts can share the beach
Trash Management
. ESM will have garbage bags throughout the events site
. ESM will communicate with Universal Beach Cleaning to remove all trash bags
. ESM will conduct a complete beach walk through to pick up all trash after the
tournament in efforts to leave no trace
. ESM respects the beaches we visit and will help maintain their integrity
Donation
. ESM will donate $1000.00 to the City of Delray Beach to be used for the Ocean
Rescue Competition Team.
To the Beach,
~.
David Swanson
Event Director
(561) 241-3801 ext. 108
Mobile: (561) 504-6762
davidswanson@exc1usivesports.com
1060 Holland Drive Suite 3L . Boca Raton, FL 33487
TeI561.241.3801 . Fax 561.241.3805. www.exclusivesports.com
c==:J = Ball Catcher
8'X 2' t<::/\
Q9 = Inflatable \.ZY
~ = Tent 10'x 10'
I = TowerS'x7'x17'
IZI= Tent16'x16'
~= Stage 10'x 10'
I = Bleachers
. S'x7'.
. Optional when provided
: ~.(@iIWm/~
II
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~ fJ",tli[KI/If,
m --<'i_
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~
~
-
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MAP KEY
CENTER COURT SITE PlAN
I I I
52'
l-
I-
I- 01 02
l-
I-
i-
I I I I I I I
70'
I~I
~
~
~
-
g~
~
~
Q9
:: t~nllIlI
il
:z: _n
=~
. ..-
Wednesday
11:00
5:00 pm
Thursday
8:00 am
5:00 pm
Friday
8:00 am
5:00pm
7:30
Saturday
6:00 am
7:00
8:00
2:00pm
2:30
3:30
4:30
6:00
7:30-9:30
Sunday
7:00 am
8:00
9:00
2:00 pm
5:00
11:00
fF/~~~
.4tARKET\tlG
Providing the Se$t in Recreation & Sports Entertainment
Beach Volleyball Tournament - Projected Timeline
Crew and vehicles arrive on-site
Begin unloading truck
Set-up offollowing areas: center court, stage, towers, tents, prepare truck and
equipment for Thursday duties
Clean area
Crew finishes for day
Crew on-site and continues tournament set-up operations
Courts: poles and nets
Clean area
Organize truck for Friday
Crew finishes for day
Crew on site and continues tournament set-up operations
Finalize
Signage: fencing, ball catchers, tent tops, windscreen, inflatables, generators, sound
system, court lines, tables, chairs, table tops, flags, court assignment
Receive deliveries - water and ice
Clean area
Crew departs, ESM secures site throughout evening
Staff meeting, tournaments logistics
Entire staff on-site
Registration set up
Sound system and P A ready, ice down water, courts inspected, inflatab1es running,
all signage presentable
Registration opens
Tournament play begins
Crew maintains courts, trash, and signage throughout day
Athlete services (ice/water)
Serve contest on center court
Pool play finishes - championship bracket begins
Women's championship match on center court
Men's championship match on center court
Tournaments brackets complete
Beach cleaned, site secured
Player's party set up
Players party
Entire staff on-site
Registration set up
Sound system and P A ready, ice down water, courts inspected, inflatables running,
all signage presentable
Registration opens
Tournament play begins
Pool play finishes, championship bracket begins, breakdown unused courts
Tournament finishes, breakdown all equipment, load truck, clean beach
Crew departs leaving no trace
1060 Holland Drive Suite 3L . Boca Raton, FL 33487
TeI561.241.3801 . Fax 561.241.3805. www.exclusivesports.com
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
05/10/2006
PRODUCER (386)672-4260 FAX (386)672-4630 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rand Sports & Entertainment Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 South Atlantic Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 101
Ormond Beach, FL 32176-7142 INSURERS AFFORDING COVERAGE NAIC#
INSURED Exclusive Sports Marketing, Inc. INSURER A: Clarendon National Insurance
1060 Holland Drive, Suite 3-L INSURER B: AIG Life Ins Co
Boca Raton, FL 33487 INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR IADD'I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY ECP003223-00 02/17/2006 02/17/2007 EACH OCCURRENCE $ 1,000,000
f-y COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00C
f--:J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ Excluded
A f-y Participant Legal PERSONAL & ADV INJURY $ 1,000,000
f-y Host Liquor Liab. GENERAL AGGREGATE $ 2,000,000
f--
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ 1,000,000
Ii POLICY rxl j~8i n LOC
AUTOMOBILE UABILITY COMBINED SINGLE LIMIT
I-- (Ea accident) $
ANY AUTO
I--
ALL OWNED AUTOS BODILY INJURY
I-- $
SCHEDULED AUTOS (Per person)
I--
HIRED AUTOS BODILY INJURY
I-- (Per accident) $
NON-OWNED AUTOS
I--
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I ~~T ~,1~-., I IOJ~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $
ANY PROPRIETORlPARTNERlEXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEI $
If yes. describe under E.L DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER. . SRGOO09109755 02/17/2006 02/17/2007 $50,000/$10,000
B Part1c1pant
Medical/AD&D
DESCRIPTION pF OPERA no~s /tOCA TIONli / VEHICLEll/ EX.CLU~ONd ADDED BY ENDO"RSIiMENT / SPI'CIAL PROVISIONh certificate is valid for the
he certlf1cate 0 der llsted 1S 1nc u ed as add1t10nal 1nsured. T is
entire policy term. Tournament dates are June 10 to June 11, 2006.
CERTIFICA TE HOLDER
CANCELLA TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Delray Beach ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: Bob Taylor BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
50 NW 1st Ave. OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Delray Beach, Fl 33444 AUTHORIZED REPRESENTA TlVE ~- R-.R
John Rand/LYNN
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Date: May 1, 2006
AGENDA ITEM NUMBER: g;:s:.,
AGENDA REQUEST
Request to be placed on:
_Consent Agenda lRegular Agenda _Workshop Agenda _Special Agenda
When: May 16, 2006
Description of Agenda Item (who, what, where, how much): Request approval to
host 2006 Exclusive Sp~rts Marketing Volleyball Tournament on our municipal beach on
June 10 and 11, 2006. They will have 2 center courts, 4-5'X7'XI7' scaffolding towers,
a 10'XI0' platform stage, 2-16'X16' tents, 2 inflatables, 9-10'XI0' pop-up tents and
a sound system. The City will provide 2 sets of bleachers and our lifeguards will
collect a $5 parking fee from each participant. Exclusive Sports Marketing will
donate $1,000 to the Ocean Lifeguard competition fund.
City Attorney Revi !Recommendation (if applicable):
Department Head r ~
Signature: ~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: r@/No
Hold Until:
Initials: 4
Agenda Coordinator Review:
Received:
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER rJv1
AGENDA ITEM # ~::r - REGULAR MEETING OF MAY 16,2006
CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /INTEGRITY WELL AND PUMP COMPANY
TO:
FROM:
DATE:
MAY 12,2006
1bis is before the Commission to approve Change Order No. 2 (Contract Closeout) in the net
deduct amount of $10,820.66 and final payment in the amount of $17,073.97 to Integrity Well and
Pump Company for completion of the Aquifer Storage and Recovery Facility Rehabilitation Project.
Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other
Repair/Maintenance Costs).
Recommend approval of Change Order No.2 (Contract Closeout) in the amount of a $10,820.66
decrease and final payment in the amount of $17,073.97 to Integrity Well and Pump Company for
completion of the Aquifer Storage and Recovery Facility Rehabilitation Project.
S:/City Oerk/agenda cover memos/CO 2 Final Integrity ASR 051606
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David Harden, City Manager
Victor Majte~irector of Public Utilities
TO:
SUBJECT:
AQUIFER STORAGE & RECOVERY FACILITY REHAB, PN 2003-014
Agenda Request; Change Order #2/Final, Final Payment
DATE:
May 8, 2006
Attached is an agenda request for Commission to approve closeout Change Order #2/Final to
Integrity Well and Pump Company on the Rehabilitation and Improvements to the Aquifer Storage
Recovery Facility project, PN 2003-014. It is for the final plus/minus quantity adjustments and
miscellaneous changes to the original contract. Change Order #2/Final is in the net deduct amount
of $1 0,850.66.
A request is also made for final payment in the amount of $17,073.97 to Integrity Well and Pump
Company. A Contractor Evaluation form is attached for your review.
Staff recommends approval of Change Order #2/Final in the deduct amount of ($10,820.66) and
final payment in the amount of $17,073.97 to Integrity Well and Pump Company. Residual
funds will be liquidated from P.O.# 622157 to the following accounts; 442-5178-536-46.90 (Water
and Sewer Renewal/Other Repair & Maintenance Costs) in the amount of$10,820.66.
CC: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 05.16.06
Project File 2003-014(A)
S:\EngAdmin\Projects\2003\2003-014\CONSTRCTlC02 Fin Integrity Well AgMemo Rev. OS. 16.06.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 /Final
PROJECT NO. 03-014
DATE:
PROJECT TITLE: Rehabilitation and Improvements of the Aquifer Storage and Recovery Facility
TO CONTRACTOR: Integrity Well & Pump Company (AK.A AC. Schultes)
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final plus/minus quantity adjustments as outlined on attached Schedule A.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT DECREASE THIS CHANGE ORDER 3.5 %
TOTAL PERCENT INCREASE TO DATE 11.1 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
$307,300.00
$45.000.00
$352,300.00
($10,820.66)
$341,479.34
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Integrity Well & Pump Company (AK.A AC. Schultes)
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
for Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2003\2003-0 l4\CONSTRCI'\C02 Final Integrity doc Rev. -OS.16.06.doc
SCHEDULE A
Aquifer Storage Recowry Facility, Rehabilitation Irrprovements
PIN 2003-014
Change Order #2IFinal
Contract Award Contract to Date
Integrity Well and Pump Integrity Well and Pump
Item Estimated Actual
No. Description Units Quantity Unit Price Extended Price Quantity Unit Price Extended Price Difference
General Conditions including mobilization,
1 demobilization, Bonds, Insurance, Permits and LS 1 $33,000.00 $33,000.00 1 $33,000.00 $33,000.00 $0.00
Other expenses (10%)
......~.H_..._.__ ....-......-
Remove wellhead and kill well, includes
2 maintaining water level below land surface LS 1 $10,000.00 $10,000.00 1 $10,000.00 $10,000.00 $0.00
throughout the contract
.~._.- ..........._.M..............__.M.
3 Set up for Development LS 1 $8,000.00 $8,000.00 1 $8,000.00 $8,000.00 $0.00
mon..._.H.M.M....__....._..............
4 Conduct development (air lift, surging, etc.) HOURS 160 $85.00 $13,600.00 71 $85.00 $6,035.00 ($7,565.00)
._.M....... ..........-....--... ........
5 Set up for Overpumping and Step Pumping Tests EA 2 $10,000.00 $20,000.00 2 $10,000.00 $20,000.00 $0.00
................-.-....-..............-.......
6 Conduct Overpumping and Step Pumping Tests HOURS 200 $85.00 $17,000.00 0 $85.00 $0.00 ($17,000.00)
_._.M........... ...mM._.H................
Conduct geophysical logging (fluid resisitivity,
7 flowmeter, temperature) from 880 feet to 1,200 LS 1 $4,500.00 $4,500.00 1 $4,500.00 $4,500.00 $0.00
feet during step pumping test
.........................................._._m.
8 Conduct downhole color video survey EACH 1 $3,500.00 $3,500.00 1 $3,500.00 $3,500.00 $0.00
__.M..........................__..............
9 Furnish and install vertical turbine pump, motor, LS 1 $75,000.00 $75,000.00 1 $75,000.00 $75,000.00 $0.00
column pipe and all associated electrical
.............................. ...m............
Replace wellhead and conduct startup and
10 troubleshooting of new and existing mechanical LS 1 $30,000.00 $30,000.00 1 $30,000.00 $30,000.00 $0.00
components, instrumentation and controls
.............................. m............
11 Conduct disinfection of well and piping and place LS 1 $7,500.00 $7,500.00 1 $7,500.00 $7,500.00 $0.00
well in service
.............. ........M.W.W...........M.M.M
12 Furnish and install new flow control valves and EA 3 $17,500.00 $52,500.00 3 $17,500.00 $52,500.00 $0.00
accuators
......W'M'M'M'M'M .....~.~.W.M'W'''''''
13 Allowance for repair of instrumentation and LS 1 $25,000.00 $25,000.00 0 $25,000.00 $0.00 ($25,000.00)
controls
.M........ .........M.M.M._._........~.~.
14 Extra Work HOURS 24 $150.00 $3,600.00 0 $150.00 $0.00 ($3,600.00)
Total Base Bid $303,200.00 $250,035.00 ($53,165.00)
Alternates
Total Additive Alternates
$24,000.00
120.00
$24,000.00
$0.00
Fumish and install 1 O-inch diameter Type 316
stainless steel column pipe for turbine pump
$24,000.00
$24,000.00
$0.00
Salvage existing 200-feet of 1 O-inch diameter
0.1 flanged, Type 316 stainless steel pump column LS 1 -$10,000.00 -$10,000.00 1 -$10,000.00 -$10,000.00 $0.00
pipe ...........M.M.M.M.M._...... ...nW.W'_"
0.2 Salvage existing Hitachi 200-HP submersible EA 2 -$3,500.00 -$7,000.00 1 -$3,500.00 -$3,500.00 $3,500.00
motor
'M.~.W.M'M'''''' .....M.~.M.W.M._..M.
0.3 Salvage existing Grunfos, Model 14BMC, 3-stage EA 1 -$2,500.00 -$2,500.00 1 -$2,500.00 -$2,500.00 $0.00
submersible pump
~.w._...... "M._.~.~._'_"''''''M_'_
0.4 Salvage 200-feet of new flat 4-wire pump motor FT 200 -$2.00 -$400.00 200 -$2.00 -$400.00 $0.00
cable
Total Deductiw Alternates -$19,900.00 -$16,400.00 $3,500.00
S:\EngAdmln\Projecta\2003\2003-014\BUDGET \Intervrtty Well"'" qu...t1t1euls
p~ 20()3..(114; Ch 8I'Ige Order #2/FI nal
10f 2
SCHEDULE A
Aquifer Storage Recowry Facility, Rehabilitation Irrprovements
PIN 2003-014
Change Order #21Final
Contract Award
Contract to Date
Units
Estimated Actual
Quantity Unit Price Extended Price Quantity Unit Price Extended Price
Integrity Well and Pump
Integrity Well and Pump
Description
Difference
Chant e Order #1
C.1 MobilizatlonJDemobilizatlon Baker Tank No.1 LS 0 $12,500.00 $0.00 1.00 $12,500.00 $12,500.00 $12,500.00
.~._.- ..............M.......................
C.2 Mobilization/Demobilization Baker Tank No.2 LS 0 $12,500.00 $0.00 1.00 $10,000.00 $10,000.00 $10,000.00
.....M..........M._._....................___
C.3A Rental of Baker Tank No.1 DAY 0 $50.00 $0.00 151.00 $50.00 $7,550.00 $7,550.00
._.M............. .......................-....
C.3B Rental of Baker Tank NO.2 DAY 0 $50.00 $0.00 151.00 $50.00 $7,550.00 $7,550.00
....M.M....................__..... ......-.
C.4A Rental of Disposal Pump WEEK 0 $2,070.00 $0.00 2.00 $2,070.00 $4,140.00 $4,140.00
........ ........-.-.-.........................
C.4B Rental of Disposal Pump MONTH 0 $6,860.00 $0.00 2.00 $6,860.00 $13,720.00 $13,720.00
..._.M......................._._... ..........
C.5 Additional Test Pump Setup LS 0 $8,000.00 $0.00 1.00 $8,000.00 $8,000.00 $8,000.00
......M......................._._.. .........
C.6 20' 316L Stainless Steel Flange LS 0 $5,625.00 $0.00 1.00 $5,625.00 $5,625.00 $5,625.00
......,..- ......................... .........
C.7 Repairs to Submersible Motor LS 0 $7,940.00 $0.00 1.00 $7,940.00 $7,940.00 $7,940.00
...........-.-....................................
C.8 2" Stainless Steel Wellhead Fitting LS 0 $650.00 $0.00 1.00 $650.00 $650.00 $650.00
._....M......... .....M...................._.
C.9 Electrical Wiring for 3rd Valve LS 0 $2,532.34 $0.00 1.00 $2,532.34 $2,532.34 $2,532.34
...M...... "-'''''''- ..........--......
C.10 Additional Flow Transmitter LS 0 $3,637.00 $0.00 1.00 $3,637.00 $3,637.00 $3,637.00
Total Change Order #1 $0.00 $83,844.34 $83,844.34
TOTALS
$307,300.001
$341,479.341 $34,179.341
Contract Award
Previously Approved Changes
Award to Date
Contract to Date
$307,300.00
$45,000.00
$352,300.00
$341,479.34
Change Order #2/Final
($10,820.66)
S:\EngAdmltl\Projects\2003\2003-014\BUDGET \lntergrlty W.I fln8I quantltles.Jds
PIN 2003-014; en ...ge Order #2IF1 NIl
2 of 2
Agenda Item No. ~
AGENDA REQUEST
Date Mav 8. 2006
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda
When: Mav 16,2006
Description of item (who, what, where, how much):
Requ 'ty Commission to approve Change Order #2/Final to Integrity Well and Pump Company
in the educt mount of $10,820.66 on the Rehabilitation and Improvements to the Aquifer Storage and
Recove.' cility project, PIN 2003-014. Change Order #2 is for plus/minus final quantity adjustments to
contract items. In addition, a request is made for final payment in the amount of $17,073.97. The items in
this change order are detailed on Schedule A attached to Change Order #2/Final.
Residual funds will be liquidated from P.O.# 622157 to account 442-5178-536-46.90 (Water and Sewer
Renewal/Other Repair & Maintenance Costs) in the amount of $10,820.66.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends award of Chan
Department head signature:
~I, an1 ~na~ent to Integrity Well and Pump Company.
L-Qtt~ ~ -'t -0,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (~d 01) ~ms involving expenditure of funds):
Funding available~NO~ (see above)
Funding alternatives (if applicable): ,
Account No. & Description 4t{ 2~"/") fi --<) 5~ c/ h ,,7c) -2e;Jt:ej I ~ /-(?f..;M
Account Balance .
City Manager Review: @
Approved for agenda: ES 0
Hold Until:
tfliV\
\
,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-014\CONSTRCT\C02 Fin Integrity Well AgReq Rev. 05.16.06.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fff!\
AGENDA ITEM # ~K..
CHANGE ORDER NO.1
BROTHERS, INC.
- REGULAR MEETING OF MAY 16, 2006
(CONTRACT ADDITION)/ ALMAZAN
TO:
FROM:
DATE:
MAY 12, 2006
This is before Commission to approve Change Order No.1 (Contract Addition) in the amount of
$34,928.00 to Almazan Brothers to the Royal Palm Drive Road Reconstruction Project for the
clearing of underbrush and nuisance trees at the Western Senior/Community Center site.
Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western/Senior Center).
Recommend approval of Change Order No. 1 (Contract Addition) in the amount of $34,928.00 to
Almazan Brothers to the Royal Palm Drive Road Reconstruction Project for the clearing of
underbrush and nuisance trees at the Western Senior/Community Center site.
S:\City Clerk\agenda memos\CO 1 CA Almazan Royal Palm Dr 051606
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
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www.mydelraybeach.com
FROM:
David Harden, City Manager
Rafael Ballestero, Deputy Director of Construction ~.
TO:
SUBJECT: ROYAL PALM DRIVE ROAD RECONSTRUCTION (pIN 2004-002)
Western Community Center Underbrush Clearing
DATE: MAY 10,2006
Attached is a request for the City Commission to approve a Change Order (Contract Addition) to Almazan
Brothers, Inc., for the clearing and disposal of the underbrush and nuisance trees at the Western
Community Center Site, (PIN 2004-047). The bids were requested in three parts. Option 1 is for the work
included within the Western Community Property only. Option 2 is for the work on the west berm, which is
partially on the City property, but mostly on the property of the adjacent community. Option 3 is an
allowance for disposal of non-vegetation trash disposal for any trash that may be encountered onsite during
the clearing process.
Four quotes were solicited from contractors which have current contracts with the City. Almazan Brothers is
the low bid with a price of $33,200.00 for options 1 and 2, plus an allowance of $1,728.00 for option 3, total
amount is $34,928.00. Copies of the contactor quotations are attached for your review.
Staff recommends the award of Change Order #1 to Almazan Brothers, Inc. in the amount of $34,928.00,
on the Royal Palm Drive Road Reconstruction, PIN 2004-002.
Funding is available from Account # 380-4150-572-62.58,2004 G.O. Bond.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Bob Diaz, Construction Management Technician
City Clerk's Office
Agenda File
File 2005-020(A)
S :\EngAdmin\Projects\2004 \2004-002\CONSTRC1\Agenda memo WestCommCtrClear 05.16.06.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 (Contract Addition) PROJECT NO. 2004-002 DATE:
PROJECT TITLE: Royal Palm Drive Road Reconstruction
TO CONTRACTOR: Almazan Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Clearing and disposal of the underbrush and nuisance trees at the Western Community Center.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT INCREASE THIS CHANGE ORDER 41.03 %
TOTAL PERCENT INCREASE TO DATE 41.03 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
$85,120.00
$0.00
$85,120.00
$34.928.00
$120,048.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Almazan Brothers, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account # 380-4150-572-62.58,2004 G.O. Bond.
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
for Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2004\2004-002\CONSTRCT\COl WestCommCtrClear IO.II.05.doc
~LMAZ4"
Brothers, Inc.
357 Kelly Drive
West Palm Beach, FL 33411
Telephone (561) 793-1712
Fax (561) 793-2822
E-mail: almazanl@bellsouth.net
CG-C016390
.. Demolition * Hauling .. Land Clearing .. Paving ... Transport .. Underground Utilities
Facsimile Transmittal
To: City ofDelray Beach
Ref:
Lake Ida Rd. & Congress
Attn: Rafael C. Ballestero
From: Samuel Almazan
Phone:
Pages: 1 (including cover)
Fax:
Date: 5/8/06
Comments:
The following are quotes for the clearing @ Lake Ida Rd. and Congress Ave.
Option 1 (clearing approx. 7 acres): $25,500.00
Option 2 (clear & grade berm): $7,700.00
Option 3 (unforeseen trash removal): $32.00 per cy
If you have any questions please call me @ 561-718-5603.
~'d
dV~:lO 90 80 ABIAI
FROM
(WED) APR 26 2006 11: DO/ST. 10: 59/NO. 6321820665 P 2
""T _TIIII, .Ie.
880 N.W.1ST AVE
BOCA RATON, FL 33432
PROPOSAL
I ;: I ::~ 1
,
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HUEI AIDlSS
CITY OF DELRAY BCH.
100 NW 1ST AVE
, DELRAY BEACH. FL 33444
ATTN: RAFAEL BALLESTERO
I:
~
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t-~.Q~ 7'aU PROJECT
.- --'
850 CONGRESS AVE.
r-- , ........ ..
OTY l.f.m lE3CRPJ'K)N RAn: 7OTAL.
.
-
OPTION 1
1 L$ ClEAR SITE EXCEPT FOR NATIVE TREES; GRIND & 35,000.00 35,000.00
HAUL OFF EVERYTHING WITHIN PROPERTY LINES
OPTION 2
1 LS ClEAR AND REESTABliSH BERM ON WEST SIDE OF 5.000,00 5.000.00
PROPERTY
oPTION 3
, .
? CY HAUL OFF TRASH: THIS OPTION WILL BE BILLED AT 30.00 11
$3O,OOicY
Pernit.. testi1g, da1ges i1 the scope of wort< are the Owner's responsibility. Total
1???
561-368-5797 Phone
561.750-8596 Fax
~
ROSSO PAVING & DRAINAGE, INC.
350 M8rtin Lane (561) 6&8-0288
West Pahb Bcacb. FL 33413 Fax (561) 688-01 18
March 9~ 2006
City ofDeIray Beach
lOON.W. lit Avenue
Bldg. Dept.
Dekay Beach, FL 33444
Attn: Mr. Rafael BalJcstero
REOUEST FOR OUOTE
RE: LAKE IDA ROAD AND CONGRESS AVENUE
A. Clearing &; grubbing of property to Toe of bem1.
Total:
B. Clearing" grubbiDg ofbenn.
Included is to grade off bcnn and seed and mulch:
Total:
S 41,000.00
S 45,800.00
C. Haul Tue, metal debris offproject.
Total:
$ 25.00 per cIyd
Respect.fulJy,
~'~~v . - nn
FROM :CHAZ EQUIPMENT CO., INC.
FAX NO. :5613332180
Apr. 28 2006 09:33AM P2
3460 Fairlane Farms Road
Suite 8
Wellington, FL 33414
Phone: 561.333-2109
It'ax: 561-333.2180
;;;r :.!:
April 28, 2006
Mr. Rafael Ballesteros
City of Delray Beach Engineering
434 South Swinton Avenue
Delray Beach, FL 33444
Re: City of Delray Beach - 850 Congress Avenue Clearing Project
Proposal for Clearing Vacant Lot
Via Fax 561-243-7314
Dear Mr. Ballesteros:
As requested, please find attached proposals for the clearing, chipping, and removal work for the
vacant lot at 850 Congress Avenue. The pricing is based on plans prepared by the City of Delray
Beach and per the on-site meeting held April 21, 2006 at 2 pm.
The lump sum price proposals are as follows:
1) Schedule A -
2) Schedule B -
Total Amount A & B
3) Schedule C - unit price per cubic yard
of foreign debris
If the above is acceptable please issue a Change Order and we will proceed with the work
immediately. If there are any questions regarding the above please do not hesitate to call.
$42,000.00
$37.500.00
m~gQ
$35.00
Sincerely,
~...
~f/ '.
Felipe Lofaso,
Project Manager
cc: Project Book
Agenda Item NO.:.:8K-
AGENDA REQUEST
Request to be placed on:
DATE: May 8, 2006
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: May 16, 2006
Description of item (who, what, where, how much):
This request is for the City Commission to approve Change Order #1 (Contract Addition) to Almazan
Brothers, Inc. for the clearing and disposal of the underbrush and nuisance trees at the Western
Community Center Site. The total estimated cost is $34,928.00.
Staff recommends Purchase Order award to Almazan Brothers, Inc. in the amount of $34,928.00, on the
Royal Palm Drive Road Reconstruction Project, PIN 2004-002.
Funding is available from Account # 380-4150-572-62.58,2004 G.O. Bond.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #1 to Almazan Brothers, Inc. for the above referenced
work. (hfj{ (2
D~partment Head ~/I. L -'f-op
Signature: 5{l.c <;)
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl'~O l:J;t
Funding alternativ
Account No. & Description
Account Balance
See above
See above
S'UtAdr /
'S'..Jt.p- n
(! 611U1t . (!f),
[1,1~
City Manager Review: ~,
Approved for agenda: &,,0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2004-002(A)
S:\EngAdmin\Projects\2004\2004-002\CONSTRCT\Agnd req WestCommCtrClear 05.16.06.doc
MEMORANDUM
TO:
FROM:
Through:
SUBJECT:
DATE:
David T. Harden
City Manager
Lisa M. Herrmann u/v
Budget Officer .
Joseph Saffor~.
Finance Director
RECEIVED
MAY 102006
CITY MANAGER
Budget Amendment for FY 200512006
May 10, 2006
Attached please find Resolution 27-06 which amends the budget for Fiscal Year 2005-2006.
I have also attached copies of the budget transfers that are incorporated in the Budget
Amendment for your review.
Please let me know if you have any questions
cc:
Becky O'Connor, Treasurer
Attachments
ot
~
%L
RESOLUTION NO. 27-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION
NO. 72-05 ADOPTED SEPTEMBER 20, 2005, AND
RESOLUTION NO. 18-06 ADOPTED APRIL 18, 2006 WHICH
MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRA Y
BEACH, FLORIDA, FOR mE FISCAL YEAR 2005/2006, BY
SETIING FORm THE ANTICIPATED REVENUES AND
EXPENDIWRES FOR THE OPERATING FUNDS OF mE
CITY FOR THE FISCAL YEAR 2005/2006; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
NOW, mEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
mE CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That Section 1 of Resolution No. 72-05 adopted by the City Commission
of the City of Dekay Beach, Florida, on September 20, 2005, and Section 1 of Resolution No. 18-06
adopted by the City Commission of the City of Dekay Beach, Florida on April 18, 2006 are hereby
repealed, and a new Section 1 is enacted and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
~ction 2. That, subject to the qualifications contained in this resolution, all
appropriations made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1 st day of October, 2005, and ending
the 30th day of September, 2006, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the 151 day of
October, 2005, and ending the 30th day of September, 2006.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the close of business on the 30th day of September, 2005,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1 st day of October, 2005. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st
day of October, 2005.
Section 4. That no department, bureau, agency or individual recelvtng
appropriations under the provisions of this resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of official duty and may be subject to removal
therefor.
Section 5. That nothing in this resolution shall be construed as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in connection with
the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be
expended for any purposes other than those for which they are appropriated, and it shall be the duty
of the Budget Officer and/or Finance Director to report known violations of this section to the City
Manager.
Section 7. That all monies conected by any department, bureau, agency or individual
of the City government shall be paid promptly into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the official budget of the
City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the
expenditures/ expenses of the funds appropriated shall apply only to the lump sum amounts for
classes of expenditures / expenses which have been included in this resolution.
Section 9. That public hearings were held on the tax levy and the budget on
September 6, 2005, and September 20, 2005.
Section 10. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 16th day of May, 2006.
MAYOR
AlTEST:
City Clerk
EXHIBIT A
(As Amended)
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 2005-2006
Genera' Fund DOWNTOWN SPECIAL
GENERAL AMENDED DEVELOPMENT ENTERPRISE REVENUE
FUND FY 06106 FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 724,086 724,086 12,760 5,620,715 1,837,957 8,195,518
ESTIMATED REVENUES:
TAXES Mlllages
AD VALOREM TAXES 7.45 46,409,380 46,409,380 46,409,380
AD VALOREM TAXES 0.55 3,375,620 3,375,620 3,375,620
AD VALOREM-DELINQUENT 83,000 83,000 83,000
AD VALOREM - DDA 1.00 366,930 366,930
Sales & Use Taxes 1,500,000 1,500,000 1,500,000
Franchise Taxes 4,435,250 4,435,250 4,435,250
UtIHty Taxes 4,370,000 4,370,000 4,370,000
Other Taxes 4,350,000 4,350,000 4,350,000
Licenses & Permlt8 4,273.450 4,273,450 4,273,450
Intergovernmental 8,932,989 8,932,989 6,495,140 4,175,785 19,603,914
Charges for Services 6,131,180 6,131,180 36,357,360 42.488,540
Fines & Forfeitures 955,800 955,800 59,595 1.015,395
Miscellaneous Revenues 4,700,043 4,700,043 300 535,050 189,136 5,424,529
Other Financing Sources 3,228,690 3,628,690 8,120,331 1,453,070 13,202,091
TOTAL REVENUES AND OTHER
FINANCING SOURCeS 92,745,402 93,1045,402 367,230 51,507,881 5,877,586 150,898,099
TOTAL ESTIMATED REVENUES
AND BALANCES 93,469,488 93,869,488 379,990 57,128,596 7,715,543 159,093,617
EXPENDIlUREBlEXPENSES:
General Government Services 9,709,266 9,709,266 9,709,266
Public Safety 47,519,979 47,519,979 77,390 47.597,369
Physical Environment 557,398 557,398 40,397,288 40,954,686
Transportation 2,122,810 2,122,810 2,122,810
Economic Environment 7,047,589 7,047,589 379,990 3,516,731 10,944,310
Human SeNlces 153,300 153,300 795.550 948,850
Culture & Reaeation 12,910,549 12,910,549 4,200,809 2,992,394 20,103.752
Debt Service 4,897,090 4,897,090 5.910,860 10,807,950
Other Financing Uses 6,720,930 6,720,930 5,925,110 283,151 12,929,191
TOTAL EXPENDlTURESlEXPENSE8 91,638,911 91,638,911 379,990 56,434,067 7.665,216 156,118,184
Reserves 1,830,5n 2,23O,5n 694,529 50,327 2,975,433
TOTAL EXPENDITURES AND RESERVES 93,469,488 93,869,488 379,990 57,128,596 7,715,543 159,093,617
Budget Amendment
Fiscal Year 2005-2006
Genertll Fund ExDendltuns
The departmental adjustments overall total $400,000. A brief justification of departmental adjustments is as follows:
Reserves
The contingency account in the general fund will increase by $400,000. These funds are to record a repayment from
the general construction fund to the general fund for monies prepaid for the Delray Beach Library.
Other Fundi
Community Develooment Fund
This fund will increase by $55,460. A citizen contribution towards the emergency repairs at SO I SW 6th St. in the
amount of $5,400 will be recorded as well as an insurance proceed check received from a homeowner to repair home
damaged by Hurricane Wilma in the amount of $50,060.
General Construction Fund
This fund will result in an overall increase of $400,000 to record a repayment from the general construction fund to
the general fund for monies prepaid for the Delray Beach Library.
Water and Sewer FuJtd
This fund will increase $1,000,000 to record the additional bond revenue needed to fund the Pelletization Project.
Stonnwater UtiOtv Fund
This fund will decrease by $5,760 due to a reduction in prior year surplus for the NE 4th Ave project.
MEMORANDUM
DATE:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 'iSM - REGULAR MEETiNG OF MAY l/j. 2006
ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA
WATER MANAGEMENT DISTRICT (SFWMD)
MAY 12, 2006
TO:
FROM:
SUBJECT:
This item is before Commission to authorize staff to submit an Alternative Water Supply Grant
application to the South Florida Water Management District (SFWMD) for supplemental funding for the
construction of the City's Area 4 Reclaimed Water Transmission System.
The Area 4 Reclaimed Water Transmission System Project will extend reclaimed water irrigation service to
the Del Aire Golf Course.
Recommend authorizing staff to submit the SFWMD grant application and authorize the Mayor to
execute the grant documents.
S:/City Clerk/agenda cover memos/Gnnts/SFWMD Gant Alternative Water 051606
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
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www.myde/raybeach.com
FROM:
David T. Harden, City Manager
Richard C. Hasko, P .E., Environmental Services Director ~
TO:
SUBJECT: ALTERNATIVE WATER RESOURCE GRANT APPLICATION
DATE:
May 11, 2006
We are preparing our application for this year's South Florida Water Management District (SFWMD)
Alternative Water Resource Grant Program. Grant funds received will be applied to the cost of
constructing our Area 4 Reclaimed Water Transmission System project which will extend reclaimed
water irrigation service to the Del Aire Golf Course. Attached is a copy of the draft application and
an acknowledgement form that requires the Mayor's signature. Please place this item on the May 16,
2006 agenda as a request for Commission authorization for the Mayor to execute the grant
application.
Cc: Victor Majtenyi, Deputy Director of Public Utilities
Mary Ann Young, Accountant II
Alternative Water Supply Funding for FY2007
Instructions for Providing Information
The attached forms must be completely filled out with responsive statements. This
information request is a pdffile. You must print the document in order to complete
it. Type responses below the appropriate number. Please include all requested
documents, and provide complete answers to all questions.
The items requested must appear in the order that they are requested. The
Acknowledgement Form must be signed by a responsible party representing the
entity responding.
Failure to properly complete the forms or answer questions may result in a project
not being considered for funding. If a question is not applicable to your facility or
project, please say so, rather than just skipping the question.
While complete responses are important, please be brief and concise. Although it is
not required, you may include a separate one or two page supplement further
explaining the project.
Please provide an electronic copy in Microsoft@ Office Word format of the responses to this
information request, as well as 10 paper copies. Excerpts from existing documents, such as
permits, can be in hard copy only.
The completed form must be received on or before 3:00 pm on June 1, 2006 and
should be addressed to:
Alternative Water Supply Program
Attention: Ms. Jane Bucca
Water Supply Department (Mailstop 4360)
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
(561) 682-6791
(800) 432-2045, ext 6791
Page 1 of 15
FY2007 SFWMD Alternative Water Supply Fundinl! Aplllication
Project Naming Convention: Because numerous projects from the same entity often apply for
funding in the same funding year, please follow this naming convention to help the SFWMD reviewers
to properly identify projects, and phases of projects previously funded.
The project name should show the entity applying, and a specific title of the construction project for
which funds are being sought. Water made available and geographic identifiers are recommended if
several similar projects will be applying this year.
Correct:
Incorrect:
Palm Beach County Century Village Reclaimed Water Pipeline
Palm Beach County Reclaimed Project
City of Delrav Beach Area 4 Reclaimed Water System
Project Name
Richard Rasko. Director of Environmental Services
Project Manager
434 South Swinton Avenue
Address
City of Delrav Beach
Project Owner
561-243-7336
Telephone
561-243-7060
Fax
Rasko@ci.delrav-beach.fl.us
Email
Palm Beach
County where project is located
Federal ID Number
Lower East Coast
Water Supply Planning Region
Alternative Water Source:
(check the applicable boxes)
o Seawater
o Brackish water from aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
~ Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 2 of 15
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative
water this project's phases will provide.
Activit FY2006 Total Pro.ect
$0 $0
Plannin
$123,655 $18,320 $141,975
Desi n
(See Design) (See Design) (See Design)
Estimated Annual
Operation and
Maintenance
TOTAL $123,655 $18,320 $141,975
Amount Awarded
Amount to be expended
b Au ust 1, 2006
$500,000
$500,000
Note: (1) FY2006 covers the period from October 1, 2005 to August 1,2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 3 of 15
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served: I
Total Number of Accounts Served:
17,920
20,700
If applicant does not provide both water and wastewater service, please identify the name(s) ofthe
other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility
(typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
~ Monthly
Bi-Monthly
Quarterly
Other: Specify
Volume Charge Units:
(please check one)
~ 1,000's Gallons
Hundred Cubic Feet (HCF)
Other: Specify
Utility Tax Rate or Franchise Fee Rate: I
Percent of Water Revenues
Water Bill for Single Family Residential User Consuming 7,000 gallons I $ 21.47
(9.36 HCF) per Month
When were these water rates last revised:
October 1, 2005
Page 4 of 15
Water and Wastewater Rate Information
Utility Tax Rate or Franchise Fee Rate:
Percent of Sewer Revenues
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF)
per Month:
I $ 29.95
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number
of units assumed: )
When were these sewer rates last revised:
October 1, 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000
Gallons (9.36HCF) Per Month:
I $ 51.42
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater system)
Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically
5/8x3/4" or 3/4"). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet.
Hookup Fee Capacity or Impact Total
Fee
Water 1$400 1$788 I $ 1,188
Sewer 1$0 I $ 1,084 I $ 1,084
Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or
impact fee is charge for providing capacity in water or sewer system to serve new growth.
Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules
that support this information.
Page 5 of 15
Proiect Background and Supporting Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. IntroductionlBackground:
It is very important that this project/phase be completed by August 1, 2007, in
order to fulfill the legislative mandate for producing alternative water supplies.
Therefore, provide sufficient information clearly demonstrating that this project
can be completed by this date, taking into account reasonable delays. This
information must include:
. Certified project design and schedule;
. Proof of contractor selection;
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature page(s).
Inability to clearly show that project can be completed within the timeframe will
result in a project not being considered for funding.
The City of Delray Beach is pleased to submit herewith our application
for SFWMD's Alternative Water Supply Funding. We are submitting
application for the "City of Delray Beach Area 4 Reclaimed Water
System" project. The scope of the project is to construct approximately
8,500 L.F. of 24-inch reclaimed water main, and associated valve and
meter boxes to serve up to two (2) new reclaimed water users in the
City's reclaimed water service area.
The ultimate goal of the project is to implement the third phase of
reclaimed water system within the City of Delray Beach, promote up to
1.25 mgd of reclaimed water use.
The need for the project is evidenced by the City's establishment of new
alternative water resource goals. Implementation of a reclaimed water
system will reduce demands on both the surficial aquifer and on the
City's potable water system. The City's reclaimed Water Master Plan
completed in November 2003 identifies "Area 4" as the third phase of
City's total reclaimed water system, which will provide up to 1.25 mgd
of reclaimed water use. The City plans to implement other phases of
the Master Plan on a continual basis over the next 10 to 15 years. The
Reclaimed Water Master Plan is consistent with the City's
comprehensive plan, which specifically encourages more reuse of
effluent from the wastewater treatment plant.
Page 6 of 15
. Certified project design and schedule;
The design of the project is currently in progress and is scheduled
for completion by October 2006.
. Proof of contractor selection;
The construction contractor has not been selected. The project is
scheduled to be bid December 2006 and January 2007, with
contract award in February 2007. The Contractor will be given
notice to proceed in March 2007.
. Proof that all relevant permits, agreements, rights-of-way, etc. have
been executed or obtained; include the first five pages of each such
document, as well as the signature page(s).
The only permit required for the project is the Florida Department
of Environmental Protection "Notice of Intent to Use General
Permit for Addition of a Major User of Reclaimed Water", FDEP
Form 62-610.300(4)(a)1. A copy of the permit received from FDEP is
attached. Construction is scheduled to March 2007 with
construction completion by July 31, 2007.
The City of Delray Beach's Reclaimed Water Ordinance was
adopted by the City on May 17, 2005 and is included with this
application. The Ordinance outlines legal requirements for use of
the City's reclaimed water.
The City has also obtained letters from the proposed Reclaimed
Water Users within the Area 4 Service Area confirming their
intended use of the reclaimed water once it becomes available.
These letters are also included with this application.
The project will require a permit be obtained from Lake Worth
Drainage District (LWDD) to run a portion of the pipeline along the
south L-37 Canal ROW. The City has already met with LWDD, who
has agreed to allow the pipeline to run along this alignment (as
documented in the attached meeting minutes, reference the "green
alignment".) The LWDD permitting process will be finalized in
October 2007 upon completion of the detailed design drawings.
2. Provide a Statement of Work for this project, describing specifically what will be
built with these funds.
a. Scope of Work for this grant application;
Page 7 of 15
The scope of the project is to construct approximately 8,500 L.F. of
24-inch reclaimed water main, and associated valve and meter
boxes to serve up to two (2) new reclaimed water users in the
City's reclaimed water service area. The preliminary design and
pipe routing is shown in Figure 1.
The ultimate goal of the project is to implement the third phase of
reclaimed water system within the City of Delray Beach, promote
up to 1.25 mgd of reclaimed water use.
b. Work Breakdown Structure for project which grant funds are being sought
for FY07;
The "Area 4 Reclaimed Water System" is currently in the design
phase. The City has contracted with Mathews Consulting, Inc. to
complete the design, permitting and bidding phases of the project.
The overall project schedule is shown in Figure 2. Design of the
project is expected to be complete in October 2006, with bidding
and award complete in January 2007. The project construction is
anticipated to begin March 2007 and continue through July 2007.
The Work Breakdown Structure for project construction is as
follows:
Phase I - Mobilization and Shop Drawing Submittals: The
contractor will mobilize to the job site and prepare required shop
drawing submittals of project materials and equipment for
Engineer's review and approval.
Phase II - Pipeline Construction: The contractor will construct the
proposed pipeline, valve and meter boxes in accordance with the
contract specifications and engineering design drawings.
Phase III - Pipeline Testing: The contractor will conduct required
pipeline pressure testing to demonstrate integrity of the pipeline
prior to use.
Phase IV - Site Restoration and Final Cleanup: The contractor will
complete all of the project requirements, including site restoration,
landscaping, paving, and final cleanup.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this
phase of project.
Page 8 of 15
The overall project schedule is shown in Figure 2.
construction phase of the project is anticipated to
approximately 5 months, starting in March 2007 with
completion in July 2007.
The
take
final
The Tasks and Deliverable schedule with associated costs are as
follows:
Phase I - Mobilization and Shop Drawing Submittals: 30 days after
notice to proceed. $150,000
Phase II - Pipeline Construction: 120 days after notice to proceed.
$1,126,424
Phase III - Pipeline Testing: 135 days after notice to proceed.
$7,500
Phase IV - Site Restoration and Final Cleanup: 150 days after
notice to proceed. $68,000
3. If this project has received alternative water supply funding previously, provide
current status of the project, SFWMD contract number, and project manager's
name.
Pro'ect Name
Delray Beach Area 1
Reclaimed Water S stem
Delray Beach Areas 2 & 3
Reclaimed Water S stem
Status
Completed
SFWMD
Contract
Number
DG 050230
Pro' ect Mana er
Richard Hasko, City of
Delra Beach
Richard Hasko, City of
Delra Beach
In
Construction
DG 061150
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
o Phase 1 - Area 1 Reclaimed Water System, $2,001,416, construction completed
2005.
o Phase 2 - Areas 2 & 3 Reclaimed Water System, $1,240,565, under construction,
completion scheduled for July 2006.
o Phase 3 - Area 4 Reclaimed Water System, $1,351,924, construction scheduled
March 2007 to July 2007.
Page 9 of 15
o Phase 4 - Area 6 Transmission System, $1,757,103, construction scheduled for
completion by July 2008.
o Phase 5 - Area 8 Transmission System, $1,101,403, construction scheduled for
completion by July 2009.
o Phase 6 - Reclaimed Water Booster Pump Station Retrofit, $600,000,
construction scheduled for completion by July 2008.
o Phase 7 - Area 11 Transmission System, $1,390,000, construction scheduled for
completion by July 2010.
5. If the construction phase of the project has not started, identify other items that
are required before construction can begin. Show expected date of
commencement.
The design of the project is currently in progress and is scheduled for
completion by October 2006. LWDD permitting will be completed by
November 2006. Construction is scheduled to commence March 2007
and be completed by July 2007.
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
The questionnaire can be found at:
http://www .sfwmd.gov/org/wsd/wsp/pdfs/a wsfv07 25combined.pdf
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
Not applicable.
8. Please address each of the factors as provided in Section 373.1961 of the Florida
Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The implementation of a reclaimed water system in the City of
Delray Beach offers many significant and lasting benefits. First
and foremost, the reclaimed water system will reduce the
demands on both the surficial aquifer and on the City's potable
Page 10 of 15
and foremost, the reclaimed water system will reduce the
demands on both the surficial aquifer and on the City's potable
water system. Secondly, the reclaimed water system will reduce
the quantity of effluent discharged to the Atlantic Ocean via
SCRWWTF ocean outfall. There are long-term financial benefits
associated with the project as well. Water used for reclaimed
water irrigation results in an equal amount of water not requiring
treatment at the City's water treatment plant, at a treatment cost
savings rate of approximately $0.43/1,000 gallons.
b. Show how the project reduces competition for water supplies.
The project fulfills water resource goals of the City's SFWMD
Water Use Permit. Additionally, the project reduces dependence
on a traditional water source (surficial aquifer) identified by
SFWMD as sources of limited availability, and reduces
competition with other water users for the same source. The
Project also increases the efficient use of reclaimed water as a
source, and from a regional perspective, contributes to the use of
reclaimed water where it is currently underutilized. This project
facilitates surficial aquifer protection, and provides an
alternative water supply that is consistently available year-round.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is
helping to implement. Explain.
Not applicable.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
The City implements many water conservation measures within
its service area, including implementation and enforcement of a
Xeriscape Ordinance, ultra-low volume plumbing fixture
program, and water rate structure that promotes water
conservation.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by
the project divided by the annualized capital cost of the project. If the
project will not be used continuously, please provide the annual amount of
water that will be supplied by the project.
Page 11 of 15
The project proposes to provide an additional 1.25 mgd of
reclaimed water to the City's reclaimed water system, at a capital
construction cost of $1,351,924. This equates to 0.92 gallons of
water supplied per day by the project for each capital dollar spent
for construction
f. Indicate the percentage of the total water-producing capacity of the
system that this project will provide.
The City's total water producing capacity is 26.0 mgd. This phase
of the project (1.25 mgd) represents 4.8% of the system capacity.
The total project to date (3.48 mgd) represents 13.4% of the system
capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
Yes. This is the main objective/goal of the project.
h. Is the project going to be implemented by a muItijurisdictional water
supply entity or regional water supply authority? Show documentation
creating the entity.
No. The project will be implemented by a local municipality.
1. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a
uniform rate for the participants in a multijurisdictional water supply
entity or regional water supply authority; describe the plan and its goals.
No.
J. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
The City proposes to fund 60% of the project, with 40% cost share
from SFWMD. The City is not a REDI community. No other
grants are being sought at this time.
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
Page 12 of 15
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
"The City maintains a Capital Improvement Program for
implementation of various utility projects, including the
reclaimed water system projects. For the Area 4 Project, the City
transferred from the W&S Fund to General Fund for
administrative purposes $ or % of total W&S
fund, and transferred from W&S Fund to General Fund in
payment of "In-lieu of Utility Taxes" $ or % of
total W&S fund. A copy of the City's CIP program identifying the
Areas 4 Project is included with this application."
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a copy
of the relevant sections of the plan(s). What would the utility regard as major
impediments to increasing the use of alternative water supplies or promoting
water conservation and how is it dealing with those impediments?
The project is included in the City of Delray Beach's "Reclaimed Water
Master Plan", November 2003 (reference Pages 5-12 through 5-14).
Implementation of reclaimed water is also included as a specific
condition of the City's SFWMD Water Use Permit (reference SFWMD
Permit No. 50-00177-W, Page 8 of 15, and Page 15 of 15 attached).
Primary impediment to increasing alternative water supply use
remains availability of funding for system expansion. The City
aggressively pursues grants and budget line items through the State
budget process to provide supplementary funding for annual projects.
10. Please provide the following information in electronic format, such as shape
files or AutoCad.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
A copy of the City's service area boundary, existing and proposed
reclaimed water distribution lines and reclaimed water end users is
included with this application.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
Page 13 of 15
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
The City hereby confirms that reclaimed water use is metered at each
major user, that the reclaimed water rate structure is based on actual
use of reclaimed water (e.g. $/gallon), and that education programs are
in place to inform the public about water issues, water conservation
and the importance of proper use of reclaimed water. Education
programs include, but are not limited to:
. Public meetings specifically addressing the reclaimed
water program
. Power Point presentations for the reclaimed water
program
. Reclaimed water brochures
. Water conservation brochures
Page 14 of 15
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared
("Authorized Representative of the project owner) this
being duly sworn, as required by law, hereby acknowledges:
Jeff Perlman. Mayor
day of , 2006, who, first
1) The statements contained in this project information package are true, correct and complete to the best
of his/her knowledge and that the undersigned has the authority from the project owner to make the
rep~esentations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2007.
3) The undersigned represents that the project owner intends to begin construction of the alternative
water supply project by this 1st day of March in the year 2007 .
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2007 and further understands that if construction is not
completed by August 1, 2007, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2007.
STATE OF FLORIDA
COUNTY OF PALM BEACH
By: Project Owner's Representative
JEFF PERLMAN. MAYOR
Print Name
SWORN TO and subscribed before me
day of
,2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[] produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 15 of 15
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Date: May 11, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
May 16, 2006
Description of agenda item:
Staff requests Commission authorization for Mayor to execute a grant application to the South Florida Water
Management District for an Alternative Water Resource Grant to provide supplemental funding for
construction of the City's Area 4 Reclaimed Water Transmission System. This phase of the project will
provide reclaimed water irrigation service to the Del Aire Golf Course.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
Staff recommends approval.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
e
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ t'1 - REGULAR MEETING OF MAY 16. 2006
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
TO:
SUBJECT:
DATE:
MAY 12, 2006
This is before the Commission for approval of one (1) subsidy award to an eligible applicant/ family
under the Delray Beach Renaissance Program for the following property:
. $50,000.00 for 2455 Lindell Boulevard #3206
This is for acquisition rehabilitation. This subsidy brings the total to 170-homeowner assistance grants
provided under the City's Renaissance Program.
Funding for the total amount of $50,000.00 for this subsidy award is available from 118-1924-554-49.20
(Home Owner Subsidy).
Recommend approval of the funding subsidy under the Delray Beach Renaissance Program as outlined
above.
s: \Gty Clerk\agenda memos \Renaissance Program 051606
~
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Ferline F. Mesidort, C. D. Specialist
Lula Butler, Community Improvement Director riJ
May 9, 2006
THRU:
DATE:
SUBJECT:
Defray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible individual under the
Delray Beach Renaissance Program as an exception to the policy that all subsidy request should be in
support of the Community Land Trust (CL T) Initiative. This subsidy brings the total to 170
homeownership assistance grants provided under the City's Renaissance Program to date.
BACKGROUND
City Commission agreed to transition the first time homebuyer subsidy awards carried out under the
Renaissance Partnership into the CL T Initiative. The applicant in this case had begun the application and
approval process prior to the Commission's policy decision via the TED Center. The non-profit is asking
for an exception to this policy for the eligible homebuyer. The applicant lives in Delray and is purchasing
her new condominium in Delray Beach. The Subsidy award is $50,000.
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City
Commission on January 23, 1996. In partnership with the Delray Beach Community Development
Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing
Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we
committed to providing homeownership opportunities to homebuyers through new construction and
acquisition rehab.
Each potential homebuyer is required to attend an approved homebuyer's seminar. The seminar includes
training and information on financial planning, credit and borrowing, budgeting, fair housing issues,
mortgage and closing costs and a comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires
the applicant to maintain ownership/residence for a specified period according to the amount of the Grant.
Grant amounts less than $35,000 per unit are forgiven after a period of fifteen (15) years and Grant
amounts equal to or greater than $35,000 but less than $75,000 per unit are forgiven after a period of
thirty (30) years.
RECOMMENDATION
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
individual in the amount of $50,000 for the following property.
DELRA Y BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 69.06
NAME Pamela J. Garber
PROPERTY ADDRESS 2455 Lindell Blvd. #3206 Delray Beach. FL 33444
LEGAL DESCRIPTION - Lavers Delray Racquet Club III Condo Unit 3206
12-43-46-29-16-003-3206
% OF AREA MEDIAN HOUSEHOLD INCOME 94%
NO. IN HOUSEHOLD ~
FIRST MORTGAGE
RATE 5.375%
LTV 65.19%
PROJECT/SUBSIDY BREAKDOWN
TOTAL SUBSIDY
Second Mortgage
Developer's Fee
$ 135.000.00
$ 0.00
$ 3.500.00
$ 1.161.06
$ 2.701.20
$ 1.1 00.00
$ 143.462.26
$ 88.000.00 HSBC Mortgage Corp.
$ 50.000.00 City of Delrav Beach (SHIP)
COST OF UNIT
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Prepaid Items(Lender 1003)
Estimated Closing Costs (Lender 1003)
Discount
TOTAL TRANSACTION:
FIRST MORTGAGE
$ 46.500.00
$ 3.500.00
Third Mortgage
$ N/A
OTHER CREDITS
$ 325.00
Estimated Cash To/From Borrower (Lender 1003)
$ 5.137.26
PLAZA
BOULEVARD
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LINTON
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~
DELRA Y
INDUSTRIAL
PARK
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vi
C>o\l
l~
SOLID WAS7E
TRANSFER
STA nON
MILLER
FIELD
MILLER
PARK
LEON
WEEKES
N
-
2455 Lindell Boulevard #3206
(Lavers Delray Racquet Club Condo III)
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
t.4AP REF: LM938
Agenda Item No.: ~
AGENDA REQUEST
ReC))lest to be placed on:
10 Regular Agenda
_ Special Agenda
Workshop Agenda
~ Consent Agenda
Date: May 9, 2006
When: May 16, 2006
Description of item:
Authorization and approval to issue subsidy to one (1) eligible individual under the
Delray Beach Renaissance Program totaling $50,000.
Note: This applicant brings the total homeownership assistance grants provided under
the Renaissance Program to date to 170.
Recommendation:
Staff recommends approval of the one (1) subsidy award. Funds are to be awarded from
the State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $50,000.00
Account Number: 118-1924-554.49.20
Department Head Signature: 2If!6~"-
City Attorney Review/Recommendation (if applicable):
~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~
Funding Alternatives: (if applicab~9)
Account No. & Description: Ilg--rci2,{-5SCll./9,-20 Hfl'nIllMrKr.
Account Balance: ~ /,'3(,9 2Lf ill ) S"Pb~0z.(
City Manager Review: .ti)
Approved for Agenda:,. ^ VINO
Hold Until: t1/v \
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER CiJI)-
AGENDA ITEM # <2; 0 - REGULAR MEETING OF MAY 16, 2006
AWARD OF BIDS AND CONTRACTS
FROM:
SUBJECT:
DATE:
MAY 12.2006
This is before the City Commission to approve the award of the following bids:
1. Purchase award to National Waterworks. Inc. in the amount of $65.036.70
for water main pipe materials for the Lake Ida Water Main Project. Funding
is available from 442-5178-536-65.98 (Water/Sewer Renewal & Replacement
Fund/Water Main/Lake Ida Area).
2. Contract award to JMW Construction Corporation. Inc. in the amount of
$15,000.00 for the addition of concrete slabs for transit bus shelters #19 and
#20 along Atlantic Avenue and shelters #33. #34. and #38 along Congress
A venue to accommodate handicap access and shelter trash cans. Funding is
available from 334-3162-544-65.70 (General Construction Fund/Transit
Stop Bus Shelters).
3. Contract award to REP Associates. Inc. in the amount of $15.840.00 for
professional services for the Mold Remediation Project at the north wing at
City Hall. Funding is available from 001-2911-519-31.90 (General
Fund/Other Professional Services).
4. Contract award to REP Associates. Inc. in the amount of $12,184.00 for
professional services for the Mold Remediation Project at the Municipal Golf
Course Clubhouse. Funding is available from 001-2911-519-31.90 (General
Fund/Other Professional Services).
5. Purchase award to SunGard HTE. Inc. in the amount of $16.910.00 for the
purchase of Procurement Card Software to streamline the recording of
purchasing card transactions into the General Ledger for the Finance
Department. Funding is available from 001-1511-513-66.10 (General Fund/
Software).
Recommend approval of the above bids and purchases.
S:\City Oerk\agenda memo\Bid Memo 051606
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO: David T. Harden, City Manager
FROM:
Rafael Ballestero, Deputy Director of Construction ~
DATE: 1 May 2006
SUBJECT: Lake Ida Water Main Upgrades
Project # 2004-011
Commission Agenda Item
This agenda item is for Commission approval/authorization for water main pipe material
purchase from National Water Works, Inc., our current yearly supplier. The materials are to be
installed by our in-house construction crew on the Lake Ida Water Main Project, # 2004-011.
Attached for your review is a copy of their quotation, based on the current contract unit prices.
Total cost of this contract is $65,036.70. Funding is provided as follows:
Account # 442-5178-536-65.98, Water Main / Lake Ida Area.
Please place this item on the 16 May 2006 Commission Agenda.
Thanks.
CC: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/16/06
Project File 2004-011
S:\EngAdmin\Projects\2004\2004-011 \OFFICIAL\2006may116th agendamemo.doc
~O.i
04-24-2006 08:19 JEFF BROUll LETTE 5617431937
PAGE: 4
~ati<>nal
"V\Tatcr'-'YJrks
Job Name: DELRAY BEACH LAKE IDA WATER PH 1- Sal'8man~
location: Branch: NATIONAL WATERWORKS
Customer: DELRAY BEACH, CITY OF Phone:' ) 000-00oo
Engineer: Fax: ( ) 000.00oo
Bid date: 4122/08
Seq# Qty Description Units Priee Ext. Price
20 1,420 8 TJ PR350 01 PIPE C/L FT 10.80 15,336.00
30 2 8 MJ 45 BEND(I) CP 01 C153 EA 65,00 130.00
40 32 8" MEGAlUG MJ RESTR. BlK 1108 EA 26.87 859.84
50 34 8MJ ACC GSKT & BOLTS SET UGL EA 12.30 418.20
(LESS GLAND)
60 4 8 F6100 MJ RW GV OL ON LJACC EA 590.00 2,360.00
CLaW GATE VALVE
70 5 461-S VL V BOX WILlD DOM EA 48.29 231.45
80 2 axe MJ TEE (I) CP 01 C153 EA 98.00 196.00
90 2 axe MJ WYE (I) CP 01 C153 EA 170.00 340.00
100 3 8 MJ PLUG (I) CP DI C153 EA 35.21 105.63
110 3 8X2 MJ T APT PlUG(I) CP 01 C153 EA 38.00 114.00
120 2 2 BRASS sa HEAD CORED PLUG EA 3.80 7.60
130 1 axe MJ REDUCER (I) CP Dr C153 EA 45.00 45.00
140 1 8><2 MJ TAPT CAP (I) CP 01 C153 EA 38.00 38.00
150 1 8 MJ lIP SlEEVE(I) CP 01 C153 EA 60.00 60.00
160 1 aX6 MJ ANCHOR TEE(I)CP 01 C153 EA 166.56 166.56
170 2 e MJ 90 BEND(I) CP DI C153 EA 75.00 150.00
180 1 5-1/4VO MED HYD 3'6"B 6MJ LA EA 1,035.90 1,035.90
190 1 6 F6100 MJ RW GV Ol ON UACC EA 400.00 400.00
CLOWGATEVALVE
200 3 6" MEGALUG MJ REST. BLACK 1106 EA 17.60 52.60
210 4 6 MJ ACC GSKT & BOLTS SET LlGL EA 10.80 43.20
(LESS GLAND)
220 200 1X100' CTS PE TUBtNG 200 PSI FT 0,31 62.00
230 200 2X20' PVC SCH80 GRAY PIPE SWB FT 3.47 694.00
SOLVENT WELD BELL
240 13 317-090509-000 8X1CC 0/$ SAD EA 33.96 441.48
EPOXY WISS STRAPS 00 7.69-9.05
250 3 317-090513-000 8X1-112CC SAD EA 36.20 108.60
EPOXY W/SS STRAPS 00 7.69-9.05
260 18 KV43-444W 1 ANG KMV PJCTSXMN EA 23.00 414.00
ANGLE METER VALVE, LOCK WING
270 12 F1000-41 CORP CCXPJ(CTS) EA 19,00 228.00
280 3 FB1000-6 1-1/2 BALLCORP CCXPJ EA 44.00 132,00
(CTS)
290 3 Y44-264G 1-112X1X1 WYE GJ(CT$) EA 36.24 108.72
..
Pago No. 1
Oat., Printed: 4/24106 "Provided for the exclusive use of National WatelWorks customers"
04-24-2006 08:19 JEFF BROUILLETTE 5617431937
PAGE: 5
Job Name: DELRAY BEACH LAKE IDA WATER PH, NATIONAL WATERWORKS
Seq# my Ducription ~ Units Price Ext. Price
". . ..-
300 2 FB1000-72 BALLCORP CCXPJ(CTS) EA 72.00 144.00
320 1 317-069015-000 6X2CC DIS SAD EA 37.98 37.98
EPOXY WISS STRAPS 5.~.90
330 1 317-090515-000 8X2CC DIS SAD EA 36.80 36.80
EPOXYW/SS STRAPS 00 7.69-9.05
340 1 10" SWAB POLY PIG CLEANOUT EA 22.00 22.00.
350 2 FB1600-72 BALLCORP CCXFIP EA 72.00 1~QI
360 2 KV43-777W 2 ANG BMV PJCTSXMF EA 132.24 264.46
370 4 2 PVC SCH80 90 BEND HXFIPT EA 9.03 36.12
380 4 2 PVC SCH80 MALE ADPT MIPTXH EA 9.91 39.6-4
Sub Total $25,004.00
Bid Totals
Bid Total $25,004.00
............"" ..
Date Printed: 4/24106 "Provided for the exclusive use of National Waterworks customers"
P.ge No. 2
04-25-2006 15:40 JEFF BRoun I_ETTE 5617431937 PAGE: 3
~ation.a1
""ate:rvv~rks
Job Name: DELRAY LAKE IDA PHASE II RSVO Salesman:
Location: Branch: NATIONAL WATERWORKS
Customer: DEL~Y BEACH, CITY OF Phone: ( ) 000..0000
Engineer: Fax: ( ) 000..0000
Bid date: 4122106
Seq# Qty Description Unlta Price Ext. Price
10 2,000 8 T J PR350 01 PIPE CIL FT 10,80 21,600.00
30 1 FTSS-690-6 6X6 TAP SL V EA 384.45 384.45
006.90
40 1 6 F6114 MJ RWTAPVLVOL W/ACC EA 490.00 490.00
50, 1 aX6 MJ REDUCER (I) CP 01 C153 EA 45.00 45.00
60 ,. 10 8 F6100 MJ RW GV OL ON UACC EA 590.00 5,900.00
CLOW GATE VALVE
70 7 8xa MJ WYE (I) CP 01 C153 EA 170.00 1,190.00
80 2 8 MJ PLUG (I) CP DI C153 EA 35.21 70.42
90 7 BX2 MJ TAPT PLUG(I) CP 01 C153 EA 38.00 266.00
100 1 aX8 MJ CROSS (I) CP 01 C153 EA 130.00 130.00
110 7 461-S VLV BOX W/LlD DaM EA 46.29 324.03
120 2 8 MJ UP SLEEVE(I) CP 01 C153 EA 60.00 120.00
130 2 5-1/4VO MED HYD 3'8 6MJ EA 1,029.24 2,058.48
6"MJ SHOE 3W OL NST
140 2 61=6100 MJ RW GV OL ON UACC EA 400.00 aoo.oo
CLOW GATE VALVE
150 2 axe MJ ANCHOR TEE(I)CP 01 C153 EA 156.76 313.52
160 1 axa MJ TEE (I) CP 01 C153 EA 98.00 98.00
170 6 8 MJ 45 BENO(I) CP 01 C153 EA 65.00 390.00
180 600 1X100' CTS PE TUBING 200 PSI FT 0.31 186.00
190 100 1-1/2X100'CTS PE TUBING 200PSI FT 0.88 88.00
200 300 2X20' PVC SCH80 GRAY PIPE SWB FT 3.47 1,041.00
SOLVENT WELD BELL
210 1 317-069009-000 6X 1 CC 01S SAD EA 33.96 33.96
EPOXY WISS STRAPS 00 5.9MS.90
220 22 317-090509-000 ax 1 CC DIS SAD EA 36.20 796.40
EPOXY W/SS STRAPS 007.69-9.05
230 2 317-090513-000 BX1-1I2CC SAD EA 36.20 72.40
EPOXY WISS STRAPS 007.69-9.05
240 2 Y44-264 1-112X1X1 WYE PJ(CTS) EA 36.24 72.48
250 24 KV43-444W 1 ANG KMV PJCTSXMN EA 23.00 552.00
ANGLE METER VALVE, LOCK WING
260 2 FB 1 OOO~ 1-1/2 BALLCORP CCXP J EA 44.00 88.00
(CTS)
270 20 F1000-41 CORP CCXPJ(CTS) EA 19.00 380.00
280 2 FB1000-72 BALLCORP CCXPJ(CTS) EA 72.00 144.00
Date Prtnted: 4/25106 "Provided for the exelusive use of National WatelWorks customers"
Page No. 1
04-25-2006 15:40 JEFF BROU~lI.ETTE 5617431937
PAGE: 2
Job Name: DELRA Y LAKE IDA PHASE II RSVD NATIONAL WATERWORKS
Seq' Qty Description Units Price Ext. Price
290 1 F1600..4 1 CORP STOP CCXFIP EA 19.00 19.00
300 4 FB1600-72 BALLCORP CCXFIP EA 72.00 288.00
310 5 2 BRASS sa HEAD CORED PLUG EA 3.80 19.00
320 2 F1600-4 1 CORP STOP CCXFIP EA 19.00 38.00
330 4 1 BRASS sa HEAD CORED PLUG EA 3.66 14.64
340 6 6" MEGALUG MJ REST. BLACK 1106 EA 17.60 105.60
350 46 B" MEGALUG MJ RESTR. BLK 1108 EA 26.87 1,236.02
360 7 6 MJ Ace GSKT & BOLTS SET UGL EA 10.80 75.60
(LESS GLAND)
370 49 8 MJ ACC GSKT & SOL TS SET UGL EA 12.30 602.70
(LESS GLAND)
----.-----.". . ....".... ..-.
Sub Total $40,032.70
Bid Totals
Bid Total $40,032.70
Date Printed; 4125/06 "Provided for the exclusive use of National Waterworks customers"
Page No. 2
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTh1ENT
434 8OU1H 8WNT'Ql AVENJE, DS..RAY BEAai, R.ORDA 33444
I
I
LAKE IDA AREA WATER MAIN UPGRADE
LOCATION MAP
2004-011
ST.
C
DA TE:2-23-2004
LOCIlAP2004-01l
1 OF 1
Date:
1 Mav 2006
AGENDA ITEM NUMBER: ~O.1
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _Workshop Agenda _Special Agenda
When:
16 Mav 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for water main pipe
material purchase from National Water Works, Inc., our current yearly supplier. The
materials are to be installed by our in-house construction crew on the Lake Ida Water Main
Project, # 2004-011.
Total cost of this contract is $65,036.70. Funding is provided as follows:
Account # 442-5178-536-65.98, Water Main / Lake Ida Area.
Staff Recommendation: APpro~purChal:b:,
Department Head Signature: (. -~ /.
;)-(0- Ok.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:9 No Initials: {;b(
Account Number See above ~t./2 - S-I 78 -)36. ~S-- 9~
Description See above [ae< I d~ .ilr-~ ~
Account Balance: See above $ Z 7 ( J S-t5
Funding Alternatives: (if applicable)
City Manager Review:
Approved for AgendaBNo Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
S: \EngAdmin \Proj ects \2004 \2004-011 \0 FFI CIAL \2006ma y 16th agenda. doc
cl(
ot1
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO: David T. Harden, City Manager
FROM:
Rafael Ballestero, Deputy Director of Construction ~
DATE: 2 May 2006
SUBJECT: Transit I Bus Shelters
Project # 2002-052.3
Commission Agenda Item
This agenda item is for Commission approval/authorization for the Mayor to execute a Contract
with JMW Construction Corp. for extra work items associated with the bus shelters. This work is
for the addition of concrete slabs to locations #19 & 20 along Atlantic Avenue including removal
and reinstallation of an existing bus shelter. Additionally, concrete slabs at locations # 33, 34 &
38 along Congress Avenue including a triangular slab for handicap access and pads for bus
shelter trash cans as required.
This additional scope of work is required due to permitting issues regarding Congress Avenue
with Palm Beach County & Atlantic Avenue with Department of Transportation.
Attached for your review is a copy of the quotation, based on the current contract unit prices.
Total cost of this contract is $15,000.00. Funding is provided as follows:
Account # 334-3162-544-65.70 General Construction Fund
Please place this item on the 16 May 2006 Commission Agenda.
Thanks.
cc: Richard Hasko, P.E., Director of ESD
Randal Krejcarek, P.E., City Engineer
City Clerk's Office
Agenda File 05.16.06
Project File 2002-052.3
S :\EngAdmin\Projects\2002\2002-052.3\OFFICIAL \2006may116th agendamemo.doc
~q~
'LOG r)> 65'"2-. 3
(f>)
JMW Construction Corp.
CGC025814
4/13/06
4163 Artesa Drive
8oynton 8each, Florida 33436
(561) 752-0480
Fax (561) 752-0481
Mr. Victor Majtenyi
City Of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida
RE: Lake Ida Park
Extra Work Items
Victor,
The following is the pricing you had requested for the extra work items associated with the Bus Shelter
installation.
I. Add 6' wide x 14' long concrete slab addition adjacent to the existing slab at shelter site #19
on Atlantic A venue.
Rework existing precast concrete pavers to accommodate new concrete work.
Remove existing bus shelter and re-install on new slab.
2. Add 6' wide x 14' long concrete slab addition adjacent to the existing slab at shelter site #20
on Atlantic A venue.
Rework existing precast concrete pavers to accommodate new concrete work.
Remove existing bus shelter and re-install on new slab.
3. Add 4' wide x 14' long concrete slab extension to the existing slab at shelter site #33 on S.
Congress A venue.
4. Add 4' wide x 14' long concrete slab extension to the existing slab at shelter site #34 on S.
Congress A venue.
5. Add 6' wide x 14' long concrete slab addition adjacent to the existing slab at shelter site #38
on S. Congress A venue.
6. Add a triangular slab piece to the existing shelter slab to allow for handicapped access to the
bus shelter.
7. Add 2' x 2' x 4" concrete slabs near existing bus shelter structures (as required) to
accommodate the installation of the shelter trash cans.
LUMP SUM PRICE:
$ $15,000.00
Should you need additional information please feel free to contact me.
Respectfully,
JMW Construction Corporation
John Wil
AGENDA REQUEST
Agenda Item NO.~~
.
DATE: May 2,2006
Request to be placed on:
--1L- Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: May 16, 2006
Description of item (who, what, where, how much):
This agenda item is for Commission recommendation for the Mayor to execute a construction contract
with JMW Construction Corporation, Inc. for the extra work items associated with the bus shelters
specifically the addition of concrete slabs to locations #19 & 20 along Atlantic Avenue including removal
and reinstallation of an existing bus shelter. Concrete slabs at locations # 33, 34 & 38 along Congress
Avenue including a triangular slab for handicap access. Pads for bus shelter trash cans as required.
Staff recommends City Commission approve an award of construction contract to JMW Construction
Corporation, Inc., in the amount of $15,000.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation Staff recommends City Commission approve an award of construction contract to
JMW Construction ~he extra work items associated with the bus shelters.
Department Head - .~
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available Go t,A:kp No
Funding alternatives
Account No. & Description
Account Balance
(if applicable~J / ~ 7
See above 331/",- 51 /P Z - 5Y y . {CJ - 0
See above
7irJ/lS)f S'ftJ f
7kc.s ~/U [fer
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2002\2002-052.3\OFFICIAL\Agnd req CO#I Fin GC 05. 16.06.doc
City Of Delray Beach
Department of Environmental Services
M
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www.mydelraybeach.com
FROM:
David Harden, City Manager
Victor Majt~~ Director of Public Utilities
TO:
SUBJECT:
CITY HALL NORTH WING MOLD REMEDIATION (PIN 2006-041)
Agenda Request; Award of professional services to REP Associates, Inc.
Proposal # 5278
DATE:
May 11, 2006
Attached for Commission approval is a proposal for professional services in conducting project
management and oversight services during removal of mold damaged drywall at the north wing of City
Hall. The proposal is for a total of $15,840.00. The scope of services will include providing remediation
protocols for proper removal of mold damaged drywall, preconstruction services, project monitoring,
project documentation, visual inspections and material sampling, and project closeout and final release
sampling. A copy of the proposal is attached for your review.
Staff recommends approval of professional services to REP Associates, Inc. in the amount of $15,840.00,
for performing project management and oversight services relating to the mold remediation at north
wing of City Hall project (PN 2006-041). Funding is available from 001-2911-519-31.90, General
Fund/Other Professional Services, after a budget transfer.
cc: Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Carolanne Kucmerowski; City Clerks Office
Agenda file; 05/16/06
Project File; 2006-041(A)
S:\EngAdmin\Projects\2006\2006-041\CONSTRC1\Agda Memo REP Serv 05.16.05.doc
~O.3
.:~~~I~~TS~~Em& PLANNERS
May 5, 2006
Mr. Victor Majtenyi
Construction Manager
City of Delray Beach
Environmental Services Department
434 South Swinton A venue
Delray Beach, Florida 33444
Re: Mold Remediation & Project Oversight ofthe Delray Beach City Hall-North Wing
REP Proposal 5278.
Dear Mr. Majtenyi:
REP Associates, Inc. (REP) is pleased to submit this proposal for oversight and project
management services during removal of mold damaged drywall at the above referenced property.
REP noted mold growth and lor elevated moisture content of drywall during our recent inspection.
REP provides our clients with the highest standard of care and level of professional service
for management during remediation of water and mold damaged building materials. We have
successfully designed and managed abatement projects for hundreds offacilities throughout Florida,
often under the most complex conditions. To protect the building occupants this work must be
performed by a qualified mold remediation contractor under the guidance of a qualified indoor air
quality consultant.
Scope of Work
REP will provide the following professional services:
1. Remediation Protocol and Site Specific Work Plan. REP will prepare these documents
to provide the City's remediation Contractor guidance in the use of engineering controls,
delineate areas requiring remediation, and establish release for reconstruction criteria.
2. Preconstruction Services. REP will be onsite to answer contractor questions during a
pre-bid meeting and describe the requirements of the Mold Remediation Protocol and
Site Specific Work Plan
3. Provide project monitoring. REP Project Monitor(s) function as the on-site project
representative monitoring the abatement contractor's compliance with the Scope of
Work, federal, and state regulations. REP will visit the Site daily to document contractor
activity and progress.
4. Document site activities through written record and photographs.
5. Conduct a visual inspection of each the work area. Upon approval of work area conduct
final release sampling.
6. Develop a final project report which will be submitted to the City of De1ray Beach
detailing contractor activity, all sample results and project close-out information.
3932 RC A n....".,,,r<I. s'..ll~ 3204
Palm Bradl Garcll'lls. FL :nll 0
PH: {51iJ} 1127181O IX: (51\lj 627-2270
REPt,nvlronnwrllalxom
.~~~~~'!~;"RS& """"
Project Price and Assumptions
REP will provide the professional and analytical services outlined in this proposal in
accordance with the following Time and Materials fee schedule. Price is valid for 60 days.
1) The estimated duration of the abatement project is 3weeks, working normal business
hours. Should the project exceed any of the assumptions presented below the Client will
be notified and a Project Modification will be submitted for approval.
_ _ _ _ _ __ m pn ~~~kIte~__ um _ _ _ _ _ L _ m____~_~~!___ n_ _nmum _ ~~~~!~~mnm
Preparation of Remediation
Protocols
Proposed Cost
Pre construction Services
$400
1
$1,000.00
$400.00
$1,000.00
1
* Project Oversight* $500.00 (1/2 Day) 15 $7,500.00
- _. - - - .. - - - - - - .- - - - - - - - - - .- - - - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - - - - - - - - - ,- - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - . - - - - - - - - - - -. - . - - - - - .. - - .
Project Management $78.00 40 $3,120.00
Certified Industrial Hygienist
$88.00
10
$880.00
Final Report
$1,600.00
1
$640.00
$1,600.00
Clearance Samples
$80.00
8
ODCs/equipment
$700.00
1
$ 700.00
$15,840.00
TOTAL COST
REP appreciates the opportunity to propose on this project for the City of Del ray Beach. We
adhere to the highest standards in the environmental, health and safety consulting industry and we
look forward to working with you. To initiate this project, please forward to us a signed copy of this
proposal and/or a copy of a purchase order. In the meantime, if you have any questions, please call
either myself or Jim Chapman at (561) 627-1810.
Thank you for your consideration.
Sincerely,
Gl.t:dl ~ ~
Patrick Dilla
Sr. Project Manager
City of Delray Beach-City Hall north Wing
Mold Remediation & Oversight
REP proposal No. P-5278
May 5, 2006
Page 2
.- ASSOCIATES, INC;
f'SVIROSMEN1Al SCIENTISTS. FNGINITRS & I'L\NNFRS
AUTHORIZATION TO PROCEED
In consideration of the following:
The undersigned authorizes REP Associates, Inc. to perform the scope of services outlined within
this proposal (REP Proposal No. P5278). Prices are valid for 60 days from date ofthis proposal.
Signature of Authorized Agent
Date
(Printed Name)
Purchase Order
City of Delray Beach-City Hall north Wing
Mold Remediation & Oversight
REP proposal No. P-5278
May 5, 2006
Page 3
Agenda Item No. ~Q3
AGENDA REQUEST
Date: Mav 11. 2006
Request to be placed on:
X Regular Agenda
_ Special Agenda
Workshop Agenda
When: Mav 16.2006
Description of item (who, what, where, how much): Approve a proposal for professional services
in conducting project management and oversight services during removal of mold damaged drywall at the
north wing of City Hall, PIN 2006-041. The proposal is for a total of $15,840.00. The scope of services
will include providing remediation protocols for proper removal of mold damaged drywall, preconstruction
services, project monitoring, project documentation, visual inspections and material sampling, and project
closeout and final release sampling.
After a budget transfer, funding will be available from 001-2911-519-31.90, General Fund/Other
Professional Services.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recom s the City Commission approve a professional services contract with
REP Associates, Inc. in the amou t of $15,840 O.
Department head signature: 7 l
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~ on alJ iJejl1s involving expenditure of funds):
Funding available: S/ 0 ~
Funding alternatives I applicable):
Account No. & Description 001-29 1- 19-31.90' en Constr. Fund/ Other Profess. Services
Account Balance ~ ~ 7 It. v
City Manager Review: c:.. .~ J1
Approved for agenda: e..~NO [;ff/ ,
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2006\2006-041\CONSTRCT\Agnd Req REP Serv 05.16.06.doc
City Of Delray Beach
Department of Environmental Services
M
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o
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www.mydelraybeach.com
FROM:
David Harden, ~ger
Victor Majt~~uty Director of Public Utilities
TO:
SUBJECT:
GOLF COURSE CLUBHOUSE MOLD REMEDIATION (PIN 2006-040)
Agenda Request; Award of professional services to REP Associates, Inc.
Proposal # 5279
DATE:
May 11, 2006
Attached for Commission approval is a proposal for professional services in conducting project
management and oversight services during removal of mold damaged drywall at the Municipal Golf
Course Clubhouse. The proposal is for a total of $12,184.00. The scope of services will include providing
remediation protocols for proper removal of mold damaged drywall, preconstruction services, project
monitoring, project documentation, visual inspections and material sampling, and project closeout and
final release sampling. A copy of the proposal is attached for your review.
Staff recommends approval of professional services to REP Associates, Inc. in the amount of $12,184.00,
for performing project management and oversight services relating to the mold remediation at the
Municipal Golf Course Clubhouse (PN 2006-040). Funding is available from 001-2911-519-31.90,
General Fund/Other Professional Services, after a budget transfer.
cc: Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Carolanne Kucmerowski; City Clerks Office
Agenda file; 05/16/06
Project File; 2006-040(A)
S:\EngAdmin\Projects\2006\2006-040\CONSTRC1\Agda Memo REP Serv 05.16.05.doc
~.().~
.~~'~~.~~l!~~EERS & PlANNERS
May 5, 2006
Mr. Victor Majtenyi
Construction Manager
City of Delray Beach
Environmental Services Department
434 S. Swinton Avenue
Delray Beach, Florida 33444
Re: Mold Remediation & Project Oversight of the City of Delray Beach Golf Club
REP Proposal 5279
Dear Victor:
REP Associates, Inc. (REP) is pleased to submit this proposal for oversight and project
management services during removal of mold/water damaged drywall and ceiling materials at the
above referenced property. During a the Post Hurricane Assessment of the Golf Club, REP noted
mold growth and lor elevated moisture content of drywall in the Main Dining Room, Louis Suggs
Room, the Grill, the Kitchen and the Dry Storage Room..
REP provides our clients with the highest standard of care and level of professional service
for management during remediation of water and mold damaged building materials. We have
successfully designed and managed abatement projects for hundreds of facilities throughout Florida,
often under the most complex conditions. To protect the building occupants this work must be
performed by a qualified mold remediation contractor under the guidance of a qualified indoor air
quality consultant.
Scope of Work
REP will provide the following professional services:
1. Remediation Protocol and Site Specific Work Plan. REP will prepare these documents
to provide the City's remediation Contractor guidance in the use of engineering controls,
delineate areas requiring remediation, and establish release for reconstruction criteria.
2. Preconstruction Services. REP will be onsite to answer contractor questions during a
pre-bid meeting and describe the requirements of the Mold Remediation Protocol and
Site Specific Work Plan
3. Provide project monitoring. REP Project Monitor(s) function as the on-site project
representative monitoring the abatement contractor's compliance with the Scope of
Work, federal, and state regulations. REP will visit the Site daily to document contractor
activity and progress.
4. Document site activities through written record and photographs.
3932 ReA P.nll(",ar<l, s..it~ 3201
Palm Bl'3th Gmll..os. FL 33410
PH; (5!l1l6271810 FX: (Still 627,2270
REV fluvirol1l1uml:.ll.f'OUl
.~~~I~~':~~".RS' """RS
5. Conduct a visual inspection of each the work area. Upon approval of work area conduct
final release sampling.
6. Develop a final project report which will be submitted to the City of Delray Beach
detailing contractor activity, all sample results and project close-out information.
Project Price and Assumptions
REP will provide the professional and analytical services outlined in this proposal in
accordance with the following fee schedule. Price is valid for 60 days.
1) The estimated duration of the abatement project is 3weeks, working normal business
hours. Should the project exceed any of the assumptions presented below the Client will
be notified and a Project Modification will be submitted for approval.
Work Item
Preparation of Remediation
Protocols, Site Specific Work Plan
Pre-construction Services
Unit Cost
Quantity
Proposed Cost
*Daily Rate for Project Oversight*
$1,000.00
$400.00 1
$500 00 Per day
____ __ _: __ ___ _ _ _ _ ___ _______O_Q _4ax~} __ _ ___ __
$78.00 30
1
$1,000.00.00
$400.00
$5,000.00
$2,340.00
Project Management
- - - - - - - _. - - - - - - ~ - - - - - - - - - - - _. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - . - - - - - - - - . - - - - - -
Certified Industrial Hygienist
$88.00
8
$704.00
$640.00
$1,600.00
Clearance Samples
$80.00
8
Final Report
$1,600.00
- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --+ - - - - - - - - - - - - - - - - - - - _.- - - - -
ODC's/Equipment
$500.00
1
$500.00
$12,184.00
TOT AL COST
City of Delray Golf Club
Mold Remediation & Oversight
P-5279
May 5, 2006
Page 2
.- ASSOCIATES. INC.
l-"Vll~( INMENTAl SCII-.NTISTS. ENGINEERS & I'L\'-iNERS
REP appreciates the opportunity to propose on this project for the City of Delray Beach. We
adhere to the highest standards in the environmental, health and safety consulting industry and we
look forward to working with you. To initiate this project, please forward to us a signed copy of this
proposal and/or a copy of a purchase order. In the meantime, if you have any questions, please call
me at (305) 279-5255.
Thank you for your consideration.
Sincerely,
Teresa Thomas
Project Manager
City of Delray Golf Club
Mold Remediation & Oversight
P-5279
May 5, 2006
Page 3
e- ASSOCIATES, INC~
C\\IlW'MENTAL S( 'IENTISTS. ENGINEERS & "LANNERS
AUTHORIZA nON TO PROCEED
In consideration of the following:
The undersigned authorizes REP Associates, Inc. to perform the scope of services outlined within
this proposal (REP Proposal No. P5279). Prices are valid for 60 days from date of this proposal.
Signature of Authorized Agent
Date
(Printed Name)
Purchase Order
City of Delray Golf Club
Mold Remediation & Oversight
P-5279
May 5, 2006
Page 4
Agenda Item No.~
AGENDA REQUEST
Date: Mav 11. 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When: Mav 16. 2006
Description of item (who, what, where, how much): Approve a proposal for professional services
in conducting project management and oversight services during removal of mold damaged drywall at the
Municipal Golf Course Clubhouse, PIN 2006-040. The proposal is for a total of $12,184.00. The scope of
services will include providing remediation protocols for proper removal of mold damaged drywall,
preconstruction services, project monitoring, project documentation, visual inspections and material
sampling, and project closeout and final release sampling.
After a budget transfer, funding will be available from 001-2911-519-31.90, General FundlOther
Professional Services.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recom
REP Associates, Inc. in the am nt
prove a professional services contract with
Department head signature:
S -11-0'0
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~' on all items involving expenditure of funds):
Funding available:! ES/ 0 tJ:::i:;
Funding alternativ applicable):
Account No. & Descrip-tion 001-2911- 9-31.90' Gen Constr. Fundi Other Profess. Services
Account Balance q. '33' 7 ~ ' "..-
City Manager Review: ~) <j~J,
Approved for agenda: ES 0 b-
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\EngAdmin\Projects\2006\2006-040\CONSTRCT\Agnd Req REP Sarv 05.16.06.doc
MEMORANDUM
. ~.ayd T. Harden, City Manager
FROM: fYVMilena L. Walinski CGFO, Assistant Finance Director
THROUGH: Joseph M. Saffo~nance Director
TO:
DATE: May 2, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 16,2006
AWARD TO HTE FOR THE PURCHASE OF PROCUREMENT CARD
SOFTWARE MODULE
Item Before Commission:
City Commission is requested to approve the purchase of Procurement Card Software
from HTE for the amount of$16,910.
Background:
The City's use ofthe purchasing card has increased dramatically since the inception. The
transactions are tracked and recorded manually, which is a time consuming process. This
software will allow the exporting of the transaction from the bank into the module, which
would then send the transactions to the various departments for approval, additional
descriptions, etc. Once approved, the transactions would automatically be sent to the
General Ledger for posting. The program would also incorporate purchasing card
vendors into the City's vendor file for 1099 reporting.
A copy of the quote from HTE is attached for your review.
Recommendation:
Finance staff recommends the purchasing of the Procurement Card Software from HTE.
Funding is available from account code 001-1511-513-66-10 (Finance - Software).
Attachments
Memo from Finance
Proposal from HTE
~o,<S'
MEMORANDUM
TO: Joseph M. Saff~-
Finance Director
FROM: ~l\ )MilenaL. Walinski CGFO
\ \\JV Assistant Finance Director
DATE: May 2, 2006
SUBJECT: Purchase of Procurement Card Module
I would like to recommend the purchase of the Procurement Card software from HTE.
This software module provides a streamlined method of automatically recording
purchasing card transactions into the General Ledger. The cost of the software is $16,910
which includes license fees, training, project management and annual maintenance.
However, since travel costs are not included in the quote and the annual maintenance will
be due and funded in the next budget year (120 days after delivery of the software), travel
costs can be expended from annual maintenance amount.
Funding for the software is available in account number 001-1511-513-66-10 - Finance-
Software.
Please place this item on the next City Commission agenda. Copies of all supporting
documentation are attached.
..
MEMORANDUM
TO:
. )JOSeph M. Safford, Finance Director
~ Milena L. Walinski CGFO, Assistant Finance Director
March 16, 2006
FROM:
DATE:
SUBffiCT: Procurement Card Module - Mid Year Budget Amendment
I would like to request funding of$16,910 for the procurement card software. This lITE
software module provides a streamline method of automatically recording purchasing
card transactions into the General Ledger.
The City's use of the purchasing card has increased dramatically. There are over 140
cardholders and the monthly statements average $90,000 per month. Finance has been
tracking and recording the transactions manually, which is a very time consuming
process. The purchasing card transactions would be exported from the bank into the
program, which would then send the transactions to the various departments for
approvals, additional description, etc. The exports could be provided on a weekly basis,
which would minimize the crunch at the end of the month in processing all the credit card
receipts. The program would bring the purchasing card vendors into GMBA which
would eliminate the duplication of effort in retrieving 1099 information.
A demo of the program was provided in February. Purchasing Coordinators of high
volume departments, Finance and IT attended. Everyone agreed, the program would be
better than the current situation. Lisa and I also spoke with an end user in Temple, Texas.
Although the program has only been operational for a few months the user was very
pleased with the program, saying it was easy to implement and user friendly.
I've attached the pricing information and a description of the software for your review.
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Procurement Card {P-Card} Tracking
More and more local governments are using procurement cards (P-cards) to effi-
ciently meet agency purchasing needs and control expenses. SunGard HTE's
Procurement Card Tracking module provides a streamlined method of automati..
cally recording P-card purchases in SunGard HTE's general ledger. Our Procure-
ment Card iracking module automatically captures procurement card detail his-
tory, eliminating redundant entry and providing significant savings in processing
time and paperwork.
Benefits
Cost savings - Allows detailed
transactions to automatically upload
to the iSeries server without
redundant entry by Accounts
Payable clerks.
Account distribution - Splits
transactions to multiple accounts
for unlimited distribution.
Automatic e-mail notification -
Automatically sends procurement
cardholders e-mail notification of
pending charges.
Online approvals - Allows staff to
approve procurement card charge
distributions online.
Wide use - Accepts tral1sactions from any bank using Visa, MasterCard, and
American Express.
Vendor analysis- Provides consolidated merchant/vendor inquiry and 1099
reporting.
Application Integration
SunGard HTE Procurement Card Tracking works with the following SunGard HTE
software applications:
General Ledger - Cross-reference vendor numbers with general ledger vendor!
merchant consolidation for inquiry and 1099 processing. Validate account and
project numbers when creating accounts payable groups. Process payment PC card
transactions as an AlP check or automatic debit.
Payr9lVPersonnel- Retrieve information from active employees when creating
new card holders, thereby eliminating redundant data entry.
Work Orders/Facility Maintenance - Attach valid work order and job order
numbers to procurement transactions In Accounts Payable.
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AGENDA ITEM NUMBER:
~o~
AGENDA REQUEST
Request to be placed on: May 16, 2006
Date:
.l2L- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for purchase of Procurement Card Software from HTE for the amount of $16,910 to
streamline the method of automatically recording purchasing card transactions into the General
Ledger for posting.
NO
NO
ORDINANCE/RESOLUTlON REQUIRED:
Draft Attached:
YES
YES
Recommendation:
Approve the purchase ofthe Procurement Card Software for the amount of $16,910 to HTE.
Funding from account code 001-1511-513-66-10 (Finance - Software)
Doparlment Hoed Signature: ~ ~
Detennination of Consistency with Comprehensive Plan: "
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
Funding alternatives:
No
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: 6'4 No
Hold Until: i
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Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
FROM: C PRESERVATION PLANNER
f1
TO:
THRU: R OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 16, 2006
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION FOR NEW
CONSTRUCTION AT 112 NE 7th STREET LOCATED IN THE DEL-IDA PARK
HISTORIC DISTRICT.
The action requested of the City Commission is consideration of an appeal of the Historic
Preservation Board's (HPB) decision made on April 19, 2006. The HPB approved the Certificate of
Appropriateness (COA) for the new construction of a single-family residence located at 112 NE 7th
Street based on findings that the request was consistent with the Comprehensive Plan and met the
criteria set forth in LDR Section 4.5.1 (E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Guidelines,
and the Secretary of the Interior's Standards for Rehabilitation.
At the April 19, 2006 Historic Preservation Board (HPB) meeting, a Certificate of
Appropriateness (COA) for the construction of a new, 4,278 square foot (3,395 under a/c) two-
story, single-family residence located at 112 NE 7th Street was approved with conditions. The
aforementioned review was the third conducted by the HPB, the first of which received a Staff
recommendation to continue with direction to reduce the scale and mass of the structure, and
the last two received a Staff recommendation of denial. The staff reports fail to make the
required positive findings of the Land Development Regulations, the Delray Beach Historic
Preservation Design Guidelines, or the Secretary of the Interior's Standards for Rehabilitation,
all of which are used in the review and issuance of a COA. Therefore, positive findings should
not have been made with regard to the aforementioned review criteria.
A complete analysis of the proposal is found in the attached Historic Preservation Board Staff
Report of April 19, 2006.
The Board followed the established quasi-judicial procedures in considering the project. The
applicant offered testimony in support of the development proposal. Staff noted that the
development was not consistent with the established historic structures within the district. The
Board took testimony from members of the public who spoke against the project noting that it
was not compatible with the Del-Ida Park Historic District and not in compliance with the
required review criteria. Additionally, the property is part of a replat which, upon its approval,
provided a development requirement that the layout and design of any development'.... will be
required to meet strict historic preservation design guidelines to ensure compatibility with
respect to design and massing in relation to the surrounding area'
<=\1\
City Commission Documentation, Page 2
Meeting of May 16, 2006
Appeal of HPB Action - 112 NE th Street
After taking public testimony and discussing the proposal, the Board felt the applicant had
followed the Boards direction and voted 5-1 to approve the COA request with conditions.
On April 24, 2006, the Planning and Zoning Department submitted a memorandum to the City
Commission requesting an appeal of the Board's approval. On April 27, 2006, Lois Brezinski, of
110 NE th Street, Livia Landry of 701 North Swinton Avenue, and Robert Mannweiler of 109 NE
th Street filed a letter of appeal to the Historic Preservation Board's action of the subject
property. The basis of the appeals is that the actions taken by the Historic Preservation Board
were inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines,
and the Secretary of the Interior's Standards for Historic Preservation.
The relief being sought is that the approval of the COA be reversed and the development
request be denied.
Approve the appeal, thereby reversing the Historic Preservation Board's approval.
Attachments:
· Historic Preservation Board Memorandum Staff Report of April 19, 2006
· April 24, 2006 Planning and Zoning Appeal Memorandum
· April 27,2006 Appeal Letter from Lois Brezinski, Livia Landry, and Robert Mannweiler
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
LOIS BREZINSKI, LIVIA LANDRY, ROBERT
MANNWEILER AND THECITY OF DELRAY BEACH,
Appellant(s),
vs.
COASTAL PROPERTY HOLDINGS, LLC,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA FOR 112 NE 7TH STREET
1. This appeal of an approval of a certificate of appropriateness for
construction of a new two story residence and landscape plan for the property at 112
NE ih Street came before the City Commission on May 16, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for 112 NE ih Street. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a. LDR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preserved, repaired,
relocated, demolished, or otherwise changed in accordance with the
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
(E)(7) The construction of new buildings or structures, or the relocation,
alteration, reconstruction, or major repair or maintenance of a non-
contributing building or structure within a designated historic district shall
meet the same compatibility standards as any material change in the
exterior appearance of an existing non-contributing building. Any material
change in the exterior appearance of any existing non-contributing
building, structure, or appurtenance in a designated historic district shall
be generally compatible with the form, proportion, mass, configuration,
building material, texture, color, and location of historic buildings,
structures, or sites adjoining or reasonably approximate to the non-
contributing building, structure, or site.
(E)(8) All improvements to buildings, structures, and appurtenances shall be
visually compatible. Visual compatibility shall be determined in terms of
height, front fagade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes No
(b) Front Facade Proportion: The front fagade of each building or
structure shall be visually compatible with and in direct relationship
to the width of the building and to the height of the front elevation of
other adjacent or adjoining buildings within a historic district.
Is this met?
Yes No
2
(d) Rhythm of Solids to Voids: Front Facades: The relationship of
solids to voids in the front fa<;ade of a building or structure will be
visually compatible with the front facades of historic buildings or
structures within the district.
Is this met?
Yes No
(e) Rhythm of BuildinQs on Streets: The relationship of buildings to
open space between them and adjoining buildings shall be visually
compatible with the relationship between historic sites, buildings, or
structures within a historic district.
Is this met?
Yes No
(f) Rhythm of Entrance and/or Porch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes No
U) Scale of a BuildinQ: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
porches shall be visually compatible with the building size and the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes No
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
Is this met?
3
Yes
No
Have the overall objectives of the LDR's been met?
Yes No
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
a. The Delray Beach Historic Preservation Design Guidelines
recommends the following with respect to additional height and new
construction/infill:
· For buildings where additional height is allowed, stepping back the
upper stories may help to minimize the difference as viewed from
the street.
· All infill must be compatible with the surrounding buildings and yet
must be differentiated from the historic building stock.
· The height of any new building should be similar to those of other
buildings along the streetscape.
· The new construction should be compatible with the width of the
surrounding buildings.
· The relationship of new construction adjacent to significant historic
resources can either enhance or detract from the historic setting of
the district.
· The character of the massing should be compatible with the
surrounding buildings.
· Roof forms and pitch should be compatible with the surrounding
buildings.
Have the overall objectives of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes No
III. THE SECRETARY OF THE
REHABILITATION:
INTERIOR'S STANDARDS FOR
a. The Secretary of the Interior's Standards for Rehabilitation
recommend:
· New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
4
essential form and integrity of the historic property and its
environment would be unimpaired.
Have the overall objectives of the Secretary of the Interior's
Standards for Rehabilitation been met?
Yes
No
3. The City Commission applied the LOR requirements in existence at the
time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the certificate of appropriateness thereby granting/denying the appeal and
overturning/upholding the decision of the Historic Preservation Board. This Order is
adopted this 16th day of May, 2006, by a vote of
in favor and
opposed.
Mayor
ATTEST:
Chevelle Nubin
City Clerk
5
p~l~A~ B!A!=~
~ft...~
;Ijjr
DElru.V BEACH
~
;Ijjj:.
1993
2001
l')~,n
2001
Agent:
Andrew Spengler
Property Owner:
Coastal Property Holdings, LLC
Property Address:
112 NE 7th Street, Del-Ida Park Historic District
(Formerly 107 NE 6th Street)
HPB Meeting Date: April 19, 2006
COA: 2005-382
The item before the Board is a Certificate of Appropriateness for construction of a new two-story \.
residence and landscape plan located at 112 NE 7th Street, Del-Ida Park Historic District, .
pursuant to LOR Section 2.4.6(H).
The subject property consists of Lot 1, Block 2, North Del-Ida Estates Replat, zoned R-1-AA
(Single Family Residential). The property, located in the Del-Ida Park Historic District,
previously contained a contributing one-story, single-family dwelling and detached, single-car
garage. During its meeting of August 3, 2005, the Historic Preservation Board (HPB) reviewed
and recommended approval for the demolition of the existing structures based on the fact that
they appeared to have very little architectural or historical merit.
The subject property was previously a part of six (6) non-conforming lots which have since been
reconfigured and replatted into four (4) conforming lots. The subject lots measures
approximately eighty-two feet (82') in width and one-hundred twenty feet (120') in depth. The
Staff report for the replat, which was reviewed at the HPB meeting of June 15, 2005, stressed
that the layout and design of the four (4) proposed single family homes '....will be reQuired to
meet strict historic preservation desian auidelines to ensure compatibilitv with respect to
desian and massina in relation to the surroundina area.'
In September 2005, the applicant submitted the first proposals for two of the four properties
(Lots 1 and 2). The applications then went through Staff's review process, at which time
comments were generated directing the applicant to revise the proposals. The applicant met
with Staff in October 2005 to review the submittals. At the meeting of January 18, 2006, the
Board reviewed the application for 116 NE 7th Street (Lot 2) before the review of the subject
property. Based on the review of the proposal on Lot 2, the applicant requested to postpone
review for 112 NE 7th Avenue (Lot 1). The Staff Report prepared for that meeting concluded
with a recommendation to continue with direction based on the following suggestions:
1) That the overall scale and mass be reduced to lessen the impact of the large scale and
mass on the surroundings;
2) That the garage be further set back from the front wall plane on the north elevation or made
a separate entity, and;
3) That the swimming pool be revised so as to not encroach in the required ten foot (10')
setback for swimming pools.
112 NE t" Street, COA 2005-382
HPB Meeting April! 9. 2006
In February 2006, the applicant submitted revised plans which were subsequently reviewed by
the Board at its meeting of March 15, 2006. While the Staff Report recommended denial of the
application, the Board continued the application with the following direction:
1) That the east elevation is broken up;
2) That the overall square footage is reduced to meet compatibility with the existing structures
on the street, and;
3) That the roof is revised to reduce the massing.
The applicant has submitted revised plans and is now before the Board for the third time for the
construction of a two-story, single family residence at 112 NE 7th Street.
The current proposal consists of the construction of a two-story, single-family residence inspired
by the Mission and Mediterranean Revival styles. Revisions submitted by the applicant include
the following:
oHeight decrease from 30'6" to 26'6";
oDecrease in square footage under alc from 4,111 to 3,395;
oDecrease in total building square footage from 5,010 to 4,278;
oDecrease in 2nd story width on front elevation from 40' to 38';
oGarage roof changed from a hip to flat roof;
oOverall roof mass revised from a hip to a sloped parapet, barrel tile roof;
oForemost hip roof revised to a forward gable;
oWindow and door revisions throughout.
The main (north) elevation which faces NE 7th Street is made up of one and two-story elements.
The front entry is emphasized by a flat-roof, arched portico containing a central column and
parapet above. A custom door appears through one of the arches, while an eight-light window
can be seen through the other arch. To the east of the entry, a flat-roof, one story element juts
out approximately five and a half feet (5'6") from the second story above, which contains a pair
of arched windows. The flat-roof, one-story, two-car garage contains two separate paneled,
garage doors with a barrel-tile shed roof overhang. Awnings are located above the set of three
eight-light windows and the four light window on the first story. The overall width of the
elevation measures to sixty feet, six inches (60'6") while the second-story measures thirty-eight
feet (38') in width.
The side elevation to the east provides a depth of approximately sixty-three feet (63'), with forty-
four feet (44') spanning the second story. Two, one-story masses are located on this elevation,
with one to the front and one to the rear. The chimney is located on this elevation, as well. On
the opposite side of the structure, the elevation has been broken up by the one and two-story
elements.
The rear (south) elevation consists of the large two-story mass with the one-story garage to the
west, and an arched, one-story element to the east, which juts outs forward and is an open,
covered porch area. A set of French doors is centrally located on the first story above which a
barrel-tile shed roof overhang is located. The two-story mass is slightly broken up as one
portion pushes forward two feet (2').
The fenestration consists of impact resistant, aluminum, single hung and casement windows
with cast stone sills, some of which are arched. Decorative board and batten shutters with
shutter dog hardware are proposed for many of the windows throughout.
216
112 NE 7'" Street, COA 2005-382
HPB Meeting April 9, 2006
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A four foot (4') tall stucco on block wall juts out from each side of the main elevation and
extends out ten feet (10'), containing a six foot (6') tall arched, cypress wood gate in the center.
The site plan notes a perimeter fence throughout the property. However, there are no submitted
details containing this information. A swimming pool, measuring twenty-eight feet (28') in length
and fourteen feet (14') in width, is located in the rear yard. Extensive landscaping has been
previously proposed throughout. However, an updated plan reflecting any changes that may
have occurred has not been submitted.
A new color scheme was not submitted. Therefore, the previously proposed color scheme
applies and consists of the following:
· Stucco - Bronzed Beige (Muted Yellow)
· Fascia, Soffits, and Outriggers - Pine Cone (Brown)
· Entrance Door and Decorative Shutters - Stained Mahogany
· Cast Stone Columns, Window Trim and Sills - Buff
Comprehensive Plan
Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in
maintaining and enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline, such as those
described in the following policies.
Policy A-12.4 The City will provide planning and technical assistance to implement
neighborhood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations
that would limit size and scale of new homes to be consistent with the existing
structures within a defined neighborhood, and analysis of the housing inventory
to determine if the area qualifies for designation as a historic district, and similar
measures.
Desian Elements
LOR Section 4.5.1 (E){4) and 4.5.1 (E){8){a-k), "Development Standards" provides guidelines in
evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural
features. The Board shall consider the following:
(E)( 4) A historic site, or building, structure, site improvement, or appurtenance within a historic
district shall be altered, restored, preserved, repaired, relocated, demolished, or
othefWise changed in accordance with the Secretary of Interior's Standards for
Rehabilitation, as amended from time to time.
(E)(7) The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic district shall meet the same compatibility
standards as any material change in the exterior appearance of an existing non-
contributing building. Any material change in the exterior appearance if any existing
non-contributing building, structure, or appurtenance in a designated historic district
shall be generally compatible with the form, proportion, mass, configuration, building
material, texture, color, and location of historic buildings, structures, or sites adjoining or
reasonably approximate to the non-contributing building, structure, or site.
(E)(8) All improvements to buildings, structures, and appurtenances shall be visually
compatible. Visual compatibility shall be determined in terms of height, front faqade
3/6
112 NF t" Street, COil.. 2005-382
HPB Meeting April 19, 2006
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proportion, proportion of openings (windows and doors), rhythm of solids to voids on
front facades, rhythm of buildings on streets, rhythm of entrance and/or porch
projections, relationship of materials, texture and color, roof shapes, walls of continuity,
scale of building, directional expression of front elevation.
The following criteria apply to the subject application:
(a) HeiQht: The height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings. The height of
the proposed structure, within the maximum allowed (35') height in terms of zoning
regulations, measures twenty-six feet, six inches (26'6"), a large reduction from the
previous submittal. However, it is not appropriate within the context of the historic
district in which it is located, as the Del-Ida Park Historic District mainly consists of
original one-story structures. The two-story mass should be further reduced and
possible consideration given to enlarging the one-story floor-area.
(b) Front Facade Proportion: The front fac;ade of each building or structure shall be
visually compatible with and in direct relationship to the width of the building and to the
height of the front elevation of other adjacent or adjoining buildings within a historic
district. The front fayade proportion, as proposed, is not visually compatible as there is
no relation with the front elevation of the adjacent and surrounding buildings in the Del-
Ida Park Historic District. The large mass of the second-story lends to this concern. The
elevation in question is much larger in mass and scale when compared to its
surroundings.
(d) Rhythm of Solids to Voids: Front Facades: The relationship of solids to voids in the
front fac;ade of a building or structure will be visually compatible with the front facades of
historic buildings or structures within the district. Due to the mass of the structure, the
amount of solid proposed is not compatible with that of the existing structures in the
historic district.
(e) Rhythm of BuildinQs on Streets: The relationship of buildings to open space between
them and adjoining buildings shall be visually compatible with the relationship between
historic sites, buildings, or structures within a historic district. The streetscape rhythm in
this area is low-scale. The second-story elements wciuld need to be further revised in
order to mitigate their impact in the Del-Ida Park Historic District. This would include
incorporating second-story elements into a predominately one-story structure should the
applicant not find a compatible solution that is entirely one-story.
(f) Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and
porch projections to the sidewalks of a building shall be visually compatible with the
prevalent architectural styles of entrances and porch projections on historic sites,
buildings, and structures within a historic district. The rhythm of entrances in the Del-Ida
Park Historic District does not include such visibility of garage elements/structures even
though the garage has been set-back from the front building wall. However, it has been
suggested on various occasions that the garage be located entirely to the rear or as a
separate structure.
(j) Scale of a Buildina: The size of a building, the building mass in relation to open
spaces, windows, door openings, balconies, and porches shall be visually compatible
with the building size and building mass of historic sites, buildings, and structures within
a historic district. In order for new construction to be compatible in any existing
neighborhood, the existing structures must at least be considered in terms of style, size,
scale, and mass. This importance extends specifically to the context of a historic district.
4/6
112 N F /" Street, COA 2005-382
HP8 Meeting April 19. 2006
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When reviewing the subject application, it is evident that this has not occurred as the
historic district was not taken into consideration.
(k) Directional Expression of Front Elevation: A building shall be visually compatible
with the buildings, structures, and sites in its directional character, whether vertical,
horizontal, or nondirectiona/. While the directional expression of the front elevation is
apparent, its scale is too excessive for, and not visually compatible with, the Del-Ida
Park Historic District.
The Secretary of the Interior Standards for Rehabilitation recommend that:
oNew additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment. (Standard # 9)
oNew additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property
and its environment would be unimpaired. (Standard # 10)
The intent of Standards 9 and 10 have not been met and are essential in creating a compatible
environment in the historic districts. Compatibility, as previously mentioned, has not been
created with regards to the massing, size, and scale of the historic district.
Delray Beach Historic Preservation Design Guidelines
o For buildings where additional height is allowed, stepping back the upper stories may help to
minimize the difference as viewed from the street.
oAII intill must be compatible with the surrounding buildings and yet must be differentiated
from the historic building stock.
o The height of any new building should be similar to those of other buildings along the
streetscape.
o The new construction should be compatible with the width of the surrounding buildings.
o The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district.
o The character of the massing should be compatible with the surrounding buildings.
o Roof forms and pitch should be compatible with the surrounding buildings.
The above noted guidelines have been pointed out because their intent has not been met. A
look at the historical patterns within the Del-Ida Park Historic District might give more insight into
complying with the above-noted guidelines in the context of the subject district.
While the proposed two-story, Mission style residence is a beautiful design, it is neither
consistent nor compatible with the Del-Ida Park Historic District. Del-Ida Park was one of
Delray's earliest planned communities and, in 1988, was one of the City's first designated
historic districts. It is predominantly made up of one-story structures possessing a minimal size,
scale, and mass.
516
112 NE 7" Street, COA 2005-382
HPB Meeting April 19. 2006
It must be reiterated that the property consisted of six (6) non-conforming lots which have been
reconfigured and replatted into four (4) conforming lots. The Staff report for the replat stressed
that the layout and design of the four (4) proposed single family homes .....will be required to
meet strict historic preservation desian auidelines to ensure compatibilitv with respect to
desian and massina in relation to the surroundina area.' This requirement has not been
satisfied and the applicant has been aware of this requirement since June 2005 when the replat
was granted under this specific condition for the property's new development.
Overall, the applicant has submitted a total of four (4) proposals for review, which have not
adhered to the City's LDRs, historic preservation guidelines or to the existing context of the
historic district which should be considered for representative examples for new development
proposals. While the current submittal reflects the Board's previous comments, it is minimal
towards satisfying those concerns. Additionally, Staff has continuously expressed concern
regarding the scale and massing, a point which, again, has been minimally satisfied, resulting in
a lack of staff support. Therefore, Staff continues to stand firm that the proposal does not meet
the intent of the review criteria, as each proposal is reviewed based on its individual merit, not
on previous submittals.
Based on the analysis made throughout the staff report, positive findings cannot be made with
respect to the Comprehensive Plan, LOR Sections 4.5.1 (E)(4), (E)(7), and (E)(8)(a-k), the
Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation.
A. Continue with direction with consideration given to the following:
1. That the second-story mass is further reduced and setback on all wall planes, with the
largest setback on the front elevation;
2. That a predominantly one-story design is submitted;
3. That the windows on the elevations reflect those noted in the window schedule;
4. That details regarding the awnings are submitted and clarified;
5. That all shutters are made of wood, and contain shutter-dog hardware;
6. That the decorative wall extensions located on the front and rear elevations are
removed;
7. That an up to date and accurate landscape is submitted;
8. That clarification of the curved line on the site plan is provided;
B Approve the Certificate of Appropriateness 2005-382 for a new dwelling at 112 NE 7th
Street, Del-Ida Park Historic District, based upon positive findings with respect to the
Comprehensive Plan, LOR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach
Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
C Deny the Certificate of Appropriateness 2005-382 for a new dwelling at 112 NE 7th Street,
Del-Ida Park Historic District, based upon a failure to make positive findings with respect
to the Comprehensive Plan, LOR Sections 4.5.1 (E)(4), (E)(7), and (E)(8)(a-k), the Delray
Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Deny the Certificate of Appropriateness 2005-382 for a new dwelling at 112 NE 7th Street, Del-
Ida Park Historic District, based upon a failure to make positive findings with respect to the
Comprehensive Plan, LOR Sections 4.5.1 (E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach
Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Proposed Elevations, Site Plan, Survey, & Floor Plan
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Planning & Zoning Department
MEMORANDUM
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TO: City Commission
THRU: Paul Darling, Director of Planning and Zoning
FROM: Amy E. Alvarez, Historic Preservation Planner
DATE: April 24, 2006
RE: HPB Approval -112 NE 7th Street
At the April 19, 2006 Historic Preservation Board (HPB) meeting, a Certificate of
Appropriateness (COA) for the construction of a new, two-story, single-family residence
located at 112 NE ih Street was approved. The aforementioned review was the third
conducted by the HPB, the first of which received a Staff recommendation to continue
with direction according to the suggestions pointed out in the Staff Report, and the last
two of which received a Staff recommendation of denial. The application complies with
neither the Land Development Regulations, the Delray Beach Historic Preservation
Design Guidelines, nor the Secretary of the Interior's Standards for Rehabilitation, all of
which are used in the review and issuance of a COA. Therefore, positive findings
should not have been made with regard to the aforementioned review criteria.
Pursuant to LDR Section 2.4.7(E)(3)(a), receipt of the letter of appeal from the
aggrieved party must be received by the City Clerk within ten (10) working days of the
action being appealed. When the appeal is by the City Commission, it shall be made no
later than that meeting of the Commission at which the Board's action is reported to it.
Therefore, the Planning and Zoning Department respectfully requests that the City
Commission pull this item from the appealables of the May 2, 2006 meeting in order to
set a date for an appeal of the HPB's decision by City Staff.
April 27, 2006
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 NW1stAvenue
Delray Beach, Florida
cc: Susan Ruby, City Attorney
Paul Dorling, Planning & Zoning Director
RECEIVED
APR 2 7 2006
PLANNING & ZONING
re: Appeal for COA 2005-382
Subject Property 112 NE 7th Street, Del-Ida Park Historic District
Dear Ms. Nubin:
The Historic Preservation Board approved a Certificate of Appropriateness (eOA 2005-382) on
April 19, 2006 for the property located at 112 NE 7th Street, Del-Ida Park Historic District for
construction of a new two-story residence. The total building square footage will be approximately
4,278 and the square footage under air conditioning, including the garage, will be approximately
3,932. The floor area ratio is at 42%, not including the portico. We are filing an appeal because
the Historic Preservation Board (HPB) acted outside of the Land Development Regulations
(LOR's) and the Delray Beach Historic Preservation Design Guidelines when making their
decision to approve this large scale construction project. The LOR's and Historic Design
Guidelines are specific with respect to these large scale projects as witnessed on April 4, 2006 at
the City Commission Meeting where an appeal was heard and approved to overturn a decision
made by the HPB on a project with similar mass, size and scale. A project of this magnitude is
not consistent or compatible with, and will destroy, the historic character of the Del-Ida Park
Historic District. We are deeply concerned about the impact that this type of project will have on
our historic neighborhood as we live within a one block radius of the subject property _ 110 NE 7th
Street (property located next door to the subject property), 109 NE 7th Street (across the street
from the subject property) and 701 N. Swinton Avenue (the corner of 7th Street and N. Swinton
Avenue).
The Historic Preservation Board's approval needs to be reversed. The owner of the subject
property Should be allowed to resubmit an application with an appropriate design that is
consistent, compatible, and in compliance with the Land Development Regulations and the Delray
Beach Historic Preservation Design Guidelines.
Please advise us as to when we will be expected to present our case to the City Commission for
review.
RE!~pe~I~,! . /1 \ //~
~ C~(W14LL'
Lois Brezinski \-..../
110 NE 7th Street
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Robert Mannweiler
109 NE 7th Street
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Livia Landry .j
701 N. Swinton Avenue
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Table of Contents
Non-Conforming Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 1
Replat of Conforming Lots..................................................................... ...2
Building Footprint to Lot Size Ratio Comparison.............................................3
HPB Program Do's and Don'ts............................. .................................... ....4
Excerpt from the Delray Beach Historic Preservation Design Guidelines.... ...............5
Memorandum from Eugene A. Nowak with Credentials. ... ........... ............... .........6
Rendering of Proposed Structure....................... ....... ................... ..... ..... .......7
Excerpt from the Delray Beach Historic Preservation Design Guidelines............. .. ....8
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-'rogram Do's and Don'ts I The City of Delray Beach
Page 1 of2
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City Home> Departments> Planning and Zoning> Historic Preservation> Program Do's and Don'ts
Program Do's and Don'ts
The Historic Preservation Program Does
. Encourage adaptive re-use of historic buildings.
. Provide forms of relief such as the granting of waivers and variances for historic
properties,
. Offer financial incentives through the City's tax abatement program.
. Require administrative or Historic Preservation Board (HPB) review of exterior
alterations,
. Offer restoration and rehabilitation information to property owners through historic
preservation design guidelines.
. Require HPB review of all demolitions, relocations, and new construction.
. Enhance community recognition and pride,
. Maintain the character and scale/development pattern of your neighborhood.
. Improve the local economy by promoting tourism and garnering interest in the
City's architectural and cultural heritage.
. Offer staff and on-line assistance relating to historic preservation issues.
. Encourage historic research and public education concerning historic architecture
and Delray's historic neighborhoods,
. Stabilize neighborhoods and improve property values,
. Welcome contemporary infil!.
. Offer an opportunity for public participation during HPB reviews,
The Historic Preservation Board Does NOT
. Usurp individual property rights.
. Affect interior changes including alteration of floor plans or interior design.
. Restrict additions or improvements to historic properties.
. Mandate specific exterior paint colors,
. Require that a building be open to the public or that the property owner participate
in organized tours.
. Require review for routine maintenance,
. Override zoning district regulations.
. Require restoration of a building (repairs using exact period building materials).
. Demand the purchase of a historical plaque,
lttp:/ /www.mydelraybeach.com/Delray /Departments/Planning+and+ Zoning/Historic+ Preservation/Progr", 5/1612006
· Annual Newsletter'
Volume #10 . January
31,2006
~'rogram Do's and Don'ts I The City of Delray Beach
Page 2 of2
. Interfere with life/safety issues,
. Require re-construction of a building if demolished by natural disaster.
. Deny the use of storm protection on a historic building,
The All-America City 2001
Digital Cities Survey 2005 First Place Winner
@ Copyright 2005 City of Delray Beach, All rights reserved. PriY~c:YPQJic;y. Qisc;laimE'lf,
This site has had 10,988 visitors since November 4,2002,
ttp:/ /www.mydelraybeach.com/Delray /Departments/Planning+and+ Zoning/Historic+ PreservationlProgr,.. 5/1612006
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EUGENE A. NOWAK
11574 Ficus Street
Palm Beach Gardens, Florida 33410
(561) 627-1057
MEMORANDUM
To: Honorable Mayor and Members of the
Delray City Commission
Date: May 16, 2006
Re. HPB Approval- 112 NE ih Street
My name is Eugene Nowak. I am appearing here today in behalf of the
defendant Mr. Andrew Spengler. To give you a brief overview of my credentials
to speak on this matter, let me provide the following:
. Bachelors degree in Architecture
. Master degree in City and Regional Planning
. Over 40 years of experience in the planning field
. Planning Director for the City of Lake Worth from 1990 to 2001 where
during this time I was responsible for:
o Obtaining a CLG designation for the City in 1997
o Directly preparing or overseeing all COAs (Certificates of
Appropriateness) going before the Historic Resources Preservation
Board from 1997 - 2001
o Directing and participating in the preparation of 4 historic district
designations, 3 of which were listed on the National Register of
Historic Places before I retired. The fourth was listed shortly after I
left.
o Oversaw the preparation of historic preservation design guidelines
for the districts.
Regarding the case before the Commission, I have personally reviewed the
historic district, plans for this property submitted to the City, listened to the HPB
2005 and 2006 meetings about this project, plus reviewed your Historic
Preservation Design Guidelines and Article 4,5 of the City's Land Development
Regulations. Specifically, I would like to make the following observations, plus
address the concerns of staff and the residents.
. Staff states the Secretary of the Interior's Standards for Rehabilitation
have been violated. However, when you read the standards verbatim, in
my opinion they only apply to the rehabilitation of. or new additions to.
desiqnated and contributinq structures. both individuallv and within a
historic district. They should not be applied to new construction on
individual lots in their entirety. They are primarily designed to differentiate
the new addition construction from the contributing historic structure.
. The predominant complaint has been the structure's mass is excessive
without defining how. This very subjective criterion must be defined in
relationship to some basic dimensions such as lot width, depth, height, or
other definable criteria. From my review, the building meets the existing
code for setbacks from the newly imposed City lot width requirements.
The second story width has been minimized from previous submittals.
Furthermore, the height does not appear to exceed the two-story
structures at 109 and 110 NE 7th Street. It further does not exceed the
height of the structure at NE 6th Street and Dixie, which is immediately
across NE 2nd Avenue from the site. Finally, another structure exists on
Dixie, about one-half block west from this site with a similar or higher roof
peak.
. Staff's April 19, 2006 report to the HPB cites non-compliance with the
following additional criteria:
o Sec. 4.5.1 (E)(4) - This deals with the Secretary of the Interior's
Standards which in my professional opinion have been answered
above.
o Sec. 4.5.1 (E)(7) - Mr. Spengler has tried to comply with all
requirements set forth by staff and the HPB because the materials,
textures, colors and setbacks, reduction in the second story width
and other requirements have changed on several occasions. As
discussed above, the discussion of form, proportion and mass is a
subjective criterion that at times two people cannot agree upon,
o Sec. 4.5.1 (E)(B) -
· (a) - The height of this structure is no higher than several
nearby structures.
· (b) - The front fa9ade proportions are very similar to the
Mediterranean Revival or Mission styles contain in the City
Guidelines, except the Porte Cochere, typical of homes in
this period, has been converted to a recessed garage.
· (c) - The proportion of windows and doors approximate the
Mediterranean Revival and Mission style structures within
the City.
· (d) - The rhythm of solids to voids on the front fa9ade is
again very similar to the Mediterranean Revival.
· (e) - The guidelines request a rhythm of buildings on the
street to be compatible. However, due to the City's request
for enlarged lot widths and decreased facade width, the
separation between the new and adjacent buildings has
increased slightly compared to existing structures on the
street.
· (f) - The required rhythm of entrance and porch projections
has been satisfied. The proposed structure includes a
portico in the Mission style that leads directly to the public
sidewalk.
· (g) - Staff believes the materials texture and colors are not
complied. However, a review of the neighborhood structures
shows a multitude of stucco finishes in all colors ranging
from white to nearly navy blue. If this poses a problem the
developer is willing to mitigate the color.
· (h) - The roof shape and pitch has been decreased at the
request of staff and the Board, which satisfies this
requirement.
· (i) - Walls of continuity in the guidelines primarily deals with
fences and landscaping. A new landscape plan that
includes any fencing is a condition of the HPB approval.
· U) - The building scale and mass in relation to open space,
windows door openings, etc. in the guidelines is very
subjective and undefined. As stated above, the proposed
structure approximates Mediterranean Revival and Mission
style structures already identified within the City.
· (k) - The directional and non-directional expression of the
front elevation is again subjective and undefined. If we are
talking height, it is similar to several existing nearby
properties. If we are talking width, it again meets the
requirements of the City's new lot width standards and
setbacks.
In conclusion, it is my professional opinion the proposed structure meets the
criterion specified in the City's Historic Preservation Design Guidelines and
Article 4.5 of the City's Land Development Regulations as discussed above,
.--
EUGENE A. NOWAK
11574 Ficus Street
Palm Beach Gardens, Florida 33410
(561) 627-1057
SUMMARY:
Consultant with over 40 years' experience who works directly with all clients and has expertise in the areas of city and site
planning, community and economic development and redevelopment, historic preservation, grant applications, acquisition and
administration, zoning, project management, and preparation of land development regulations, Further knowledge in airport
issues, plus real estate site search and acquisition, Have provided expert witness services in Florida, Illinois, Indiana and
Michigan, plus guest speaker at numerous universities and professional organizations, Consultant is available on an hourly, per
diem or per project basis, plus expenses.
EDUCATION:
EXPERIENCE:
2002 - 2005
1990 - 2001
1989 -1990
1983 - Present
Illinois Institute of Technology
BA in Architectural Engineering
MS in City and Regional Planning
City of Stuart
Assistant Development Director
Responsible for all aspects of the department during the Director's absence. Responsibilities include
long and short range planning, zoning, land development regulation, municipal and zoning code
updating, licensing, building permits and inspections, code enforcement, plus budget preparation and
program administration, Assisted in local grant disbursement, neighborhood planning, historic
preservation and administrative oversight of city-funded projects, Developed the Department's web site
and assisted with code enforcement upgrading.
City of Lake Worth
Planninq & Enqineerinq Director/Citv Planner
Acted as interim Community Development Director for nine months after merger of two departments that
controlled all aspects of building, zoning, licensing, comprehensive planning, site plan review,
annexation, code enforcement and administration of construction projects, including an on-going $13
million storm sewer bond program, Instituted a coordination process to track projects from site plan
approval through actual construction. Involved with the Charrette process in downtown and
neighborhood planning, redevelopment, revitalization, business and economic development, including
staff support and updating of the CRA plan, Processed all necessary documentation and applications to
have the city designated a State Certified Local Government for historic preservation, Obtained all
necessary grants for consulting services to document four historic districts in 1999, with all now listed on
the National Register of Historic Places. Prepared County CDBG applications for affordable housing and
other local improvement projects.
City of Opa Locka
Community Development Director
Created an efficient operational system to properly interface planning with building, zoning and code
enforcement. Streamlined plan review process from four months to approximately a four week approval
time for building permit issuance. Responsible for all comprehensive planning, land use, zoning,
annexation, grants, budget preparation, economic, business and industrial development. Substantially
increased the approval rate of construction applications resulting in increased assessed evaluations,
taxes and additional community employment.
Properties Unlimited and Illustrated Properties
Commercial and residential sales, marketing, leasing and management. Performed site search analysis
and conducted economic feasibility studies, including zoning, growth management, plus concurrency
evaluation issues for developers on major acquisitions,
1980- 1982
1972 -1980
1970 - Present
PREVIOUS
EXPERIENCE:
MILITARY
EXPERIENCE:
1955 - 1981
Gee & Jenson, Engineers-Architects-Planners, Inc.
Grants Coordinator
Prepared, submitted and administered grants through various agencies, Obtained for the City of West
Palm Beach one of only two pilot energy audit grants issued by EPA for wastewater treatment plants in
Florida, Was technical writer and project manager for the report, which was recognized for being easily
read by laymen due to the elimination of technical jargon. Provided special project consulting for the City
of LaBelle, which resulted in the acquisition of a $500,000 federal grant & loan for a new wastewater
treatment plant. Conducted business development in St. Lucie County, Recommended strategies to
obtain various available grants.
State of Florida
Environmental Administrator. Department of Environmental Reoulation
Served as Administrator of the Sewage Technology and Planning Section with responsibility for
consulting with all municipal and county officials requesting EPA grants for wastewater treatment facilities
under Public Law 92-500, Developed rules, regulations and policy documents to provide grants on a
priority basis, Approved EPA 201 grants for various governmental agencies. Counseled municipal
officials regarding the most cost effective and environmentally sound water treatment plans, Previously
assigned to river basin planning projects in Central and South Florida. Selected as Administrative
Assistant to the Chief of the Bureau of Planning and Evaluation. Represented the Bureau on various
agencies and committees.
Eugene A. Nowak & Associates
Consultant to builders in all phases of development from market analysis through zoning, site planning,
engineering and construction of residential, commercial and industrial developments,
Manufactured Housing Institute
Chief of Plannino. Zonina and Consultino Services
Assisted developers in the planning, zoning and engineering of mobile and modular communities,
Worked with city, county, state and federal agencies in the preparation and adoption of sound zoning
ordinances and building codes for mobile and modular developments, Co-authored HUD's "Mobile Home
Park Development Standards" and HEW's "Environmental Health Guide for Mobile Home Parks."
Metropolitan Sanitary District of Greater Chicago Chief Land Use Planner
Developed Comprehensive Land Use Plan for all the Districts properties. Including preliminary concepts
for the Riverwalk system presently under development.
City of Chicago, Department of City Planning City Planner
Secretary of the Chicago Plan Commission, Completed 5-year Capital Improvements Program and
compiled economic impact analysis for the Illinois Central Air Right Zoning case, This has resulted in the
creation of condominium principles and thet implementation of Millennium Park over the ICRR.
Officer, United States Air Force and AFRES (Retired)
Base Civil Enaineerino
Supervised one hundred professional personnel in the construction and maintenance of all base facilities
and utilities while overseeing budget control. Utilized computerized BEAMS system for project control.
Designed projects and administered contracts to enhance base operations, Functioned as liaison to local,
state, and federal governmental agencies,
Manaaement Analvsis
Evaluated whether goals and objectives were being met within established budgetary and personnel
constraints, Investigated reasons for substandard performance through utilization of reports, personal
interviews and on-site inspections, Made innovative recommendations to appropriate commanders for
increased efficiency and assisted in implementation when requested, Prepared briefing documents for
the base commander on a periodic and as-needed basis.
,
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Actions taken by HPB inconsistent with:
1) Land Development Regulations
2) Delray Beach Historic Preservation Design
Guidelines
3) The Secretary of the Interior's Standards for
Rehabilitation
4) Historic Preservation Board Direction of March
15,2006
Comparison with 711 North Swinton Avenue
~ 711 N Swinton
Lot 9840 10,000
Footprint 2,703 2,775
Footprint/Lot 27.47% 27.75%
Total Floor Area 4278 4,275
Floor Area/Lot 43.47% 42.75%
Adjacent Building
LOR Section 4.5.1 (E) (7)
The construction of new buildings or structures... ... ..
shall meet the same compatibility standards as any
material change in the exterior appearance of an existing
non-contributing building.
LOR Section 4.5.1 (E) (8)
All improvements to buildings, structures, and
appurtenances wit.hin a designated historic district shall
be visually compatible.
(b) Front fa~de proportion: The front fa~de of each
building or structure shall be visually compatible with
and in direct relationship to the width of the buildina and
to the heiaht of the front elevation of other adiacent or
actiolnlna buildinas within a historic district.
(c) Proportion of openings (windows and doors): The
openings of any building within a historic district ~
visuallv comoatible with the ooeninas exemolified bv the
orevailino historic architectural stvles within the district.
(d) Rhythm of solids to voids: front facades: The relationship
of solids to voids in the front facade of a building or
structure will be visually compatible with the front facades
of historic buildings or structures within the district.
(e) Rhythm of buildings on streets: The relationship of
buildings to open space between them and ad/oinlna
buildings shall be visually compatible with the relationship
between historic sites, buildings, or structures within a
historic district.
~~~
~~. ~.\\. ~\\\.9\~
1
(f) The relationship of entrances and porch projections to the
sidewalks of a building shall be visually compatible with the
prevalent architectural styles of entrances and porch
projections on historic sites, buildings, and structures within
a historic district.
Ol Scale of a building: The size of a building, the building mass
in relation to open spaces, windows, door openings.
balconies, and porches shall be visuallv comoatible with the
buildina size and buildina mass of historic sites buildinas.
and structures within a historic district.
Floor to Lot Area Ratio
Subject Lot 82 x 120 Ratio 43.48%
11 NE 6th St Lot 75 x 120 Ratio 15%
17 NE 6th St Lot 75 x 120 Ratio 21%
18 NE 7th St Lot 75 x 120 Ratio 23%
721 N Swinton Lot 85 x 127 Ratio 22%
NW Portion of Del-Ida Park Floor Area Ratio:
Average 21%
Median 20%
Mode 21%
2) Delray Beach Historic Preservation Desion
Guidelines
Recommended approaches to new construction:
The character of the massing should be compatible with
the surrounding buildings.
2-Story Square Footage
Subject
4.278 (including garage)
10 NE7thSt
105 NE 7th St
109 NE 7th St
515 N Swinton
3.035
3.276
2.963
2,454
Footprint to Lot Area Ratio
Subject Lot 82 x 120 Ratio 27.47%
11NE6thSt Lot 75 x 120 Ratio 18%
17 NE6th St Lot 75 x 120 Ratio 24%
18 NE 7'" St Lot 75 x 120 Ratio 23%
721 N Swinton Lot 85 x 127 Ratio 22%
NW Portion of Del-Ida Park Floor Area Ratio:
Average 20%
Median 21%
Mode 18%
3) Secretarv of the Interior's Standards for Rehabilitation
New additions, exterior alterations, or related
new construction, shall not destroy historic
materials that characterize the property. The
new work shall be differentiated from the old and
shall be compatible with the massina. size. scale
and architectural features to protect the historic
integrity of the oroperty and its environment.
2
4) Historic Preservation Board Direction of
March 15. 2006
That the overall square footage is reduced to meet
compatibility with the existing structures on the street.
Proposed
4,278 sq. fl.
Overall square footage on NE 7'" Street ranges from 960 to
3.276 square feet.
3
FOOTPRINT TO LOT AREA RATIO FOR SECTION OF DEL-IDA PARK
Address Built Footprint Lot Size FtprintlLot Ratio
NE 2nd Avenue
615 1956 2027 9800 20.68
706 1939 1745 7620 22.90
714 1925 2010 15240 13.19
799 N/A 1756 11700 15.01
NE 6th Street
10 1958 2445 N/A
11 1950 1635 9000 18.17
17 1925 2172 9000 24.13
101 1939 1454 6000 24.23
105 1939 1118 12000 9.32
110 1944 2658 N/A
111 9840
115 6650
116 2350 22007 10.68
NE 7th Street
5 1939 1775 6000 29.58
5 Vacant 6000
10 (2 story) 2000 1894 6000 31.57
14 1965 1575 6000 26.25
17 1954 1512 6000 25.20
18 1969 2027 9000 22.52
102 1952 1168 6000 19.47
105 (2 story at rear) 1940 2596 12000 21.63
109 (2 story) 2000 1860 6000 31.00
110 1925 2539 9000 28.21
112 9840
113 1962 1311 6000 21.85
116 6650
117 . 1939 2210 7620 29.00
Dixie Boulevard
11 1923 2495 16871 14.79
19 1925 1420 7000 20.29
13/23 1937 2223 10500 21.17
101 1939 3242 14000 23.16
109 1937 1619 17500 9.25
125 1928 860 7000 12.29
Lake Court
10 1940 2194 14000 15.67
14 1955 1295 7000 18.50
18 1941 4015 14000 28.68
26 1925 1480 7000 21.14
30 1925 1668 7000 23.83
20 1951 1746 13000 13.43
North Swinton Avenue
515 1925 1374 12330 11.14
521 1939 2010 N/A
527 1947 1361 7750 17.56
531 1947 1270 7250 17.52
601 Vacant 9500
605 1925 2330 14500 16.07
701 1940 1586 9525 16.65
711 1962 1830 10160 18.01
721 1956 2344 10795 21.71
785.46
Average % 20.14
Median % 20.68
Mode % 18
SUbject 2703 9840 27.47
,
FLOOR AREA RATIO FOR PORTION OF DEL-IDA PARK HISTORIC DISTRICT
Address Year Built Total Square Foota2e Lot Size Floor Area Ratio
NE 20a Avenue .
615 1956 2027 70x140 21%
706 1939 1745 60x127 23%
714 1925 1580,430 120x127 13%
799 N/A 1756 65x180 15%
NE 6tn Street
10 1958 2445 N/A
11 1950 1635 75x120 15%
17 1925 1852 75x120 21%
101 1939 1454 50x120 24%
105 1939 1118 100x120 9%
110 1944 2139,519 N/A
111 North Del-Ida Estates Replat 82x120
115 (Previously 107 NE 6th Street) 95x70
116 1960 2350 101x127, 11%
68x135
NE 7tn Street
5 1939 960 50x120 16%
5 Vacant Lot 50x120
10 (2 StOry) 2000 3035 50x120 51%
14 1965 1575 50x120 26%
17 1954 1512 50x120 25%
18 1969 2027 75x120 23%
102 1952 1168 50x120 19%
105 (2-Story at Rear) 1940 3276 100x120 27%
109 (2 StOry) 2000 2963 50x120 49%
110 1925 2539 N/A 1"5";I.\2-(i ::. '& ~;;
112 North Del-Ida Estates Replat 82x120
113 1962 1311 50x120 22%
116 North Del-Ida Estates Replat 70x95
117 1939 2210 60x127 29%
Dixie Blvd.
11 1923 2495 50x140,50xl16, 15%
69x59
19 1925 1000,420 50x140 20%
13/23 1937 1395,828 75x140 21%
101 1939 2212, 1030 100x140 23%
109 1937 1184,435 125x140 9%
125 >. 1928 1668 50x140 24%
Lake Court
10 1940 2182 ' , 100x140 16%
14 1955 1295 50x140 19%
18 1941 4015 100x140 29%
26 1925 1480 50x140 21%
/
t:2
FLOOR AREA RATIO FOR PORTION OF DEL-IDA PARK HISTORIC DISTRICT
Address Year Built Total Square Footae:e Lot Size Floor Area Ratio
Lake Court Cont'd...
30 1925 1668 / 50x140 24%
20 1951 1746 </' 100x 13 0 13%
North Swinton Avenue
515 (2story) 1925 2454 126x55, 20%
40x 13 5
521 1939 2010 j N/A
527 1947 1361 / 62x125 18%
531 1947 1470 .. 58x125 20%
601 Vacant Lot 95x100
605 1925 1590, 740 145x100 16%
701 1940 1586 75x127 17%
711 1962 1830 80x127 18%
721 1956 2344 85x127 22%
Notes:
Total Square Footage Information found at the Palm Beach County Property Appraisers Website.
Lot Sizes Complied by the Palm Beach County Property Appraisers Website and the City's Property Records.
Dates of construction compiled by Florida Master Site File Forms and the Palm Beach County Property Appraisers Website.
A verage Floor Area Ratio = 20%
Median Floor Area Ratio = 20%
Mode Floor Area Ratio = 21 %
Warren Adams
Education
2001 - Present University of Paisley, Scotland
Research towards Ph.D.
Centenary Fund Scholarship Award winner for the research of 'Classical
Mansion Houses in the Paisley Area, 1700-1830'.
1999-2000 University of York, England
M.A. in Conservation Studies (Historic Buildings)
Graduated with Distinction
1989-1995 University of Paisley, Scotland
B.Sc. in Land Economics
1984-1987 Glasgow College of Building and Printing, Scotland
Building Construction and Management
Professional
experience
Sep. 2005-Present Broward Trust for Historic Preservation, Inc.
Executive Director
Aug,2005-Sep.2005 City of West Palm Beach
Preservation Planner
Oct. 2004-Aug. 2005 City of Delray Beach
Preservation Planner
2003-2004 North Somerset Council, England
THI Project Manager
2002-2003 Strathclyde Building Preservation Trust, Scotland
Project Manager
2001-2002 Historic Scotland, Scotland
Heritage Planner
2000-2001
Project Manager
Addyman & Kay, Building Archaeologists, Scotland
1998-1999
Valuation Surveyor
East Renfrewshire Estates Department, Scotland
1989-1998
Valuation Surveyor
Renfrewshire Valuation Joint Board, Scotland
1987-1989
Estimator
Andrews Weatherfoil Ltd., Scotland
Additional
professional
information
. Former policy advisor to the Royal Institution of Chartered
Surveyors in Scotland on conservation policy, and point of
contact for press releases.
. Former policy advisor to the National Trust for Scotland on the Little
Houses Improvement Scheme.
. Former Society for the Protection of Ancient Buildings Yor1<shire
Group leader.
. Presentation of lectures and organisation of tours of historic
properties.
. Published articles in professional journals and the national press.
. Delegate on Georgian Group study tour of country houses in
Buckinghamshire, England.
Professional
memberships
. Member of the Royal Institution of Chartered Surveyors
(Americas).
Palm B'each County Property Appraiser Property Search System
Page I of I
Location Address: 109 NE 7TH ST
Municipality: DELRAY BEACH
Parcel Control Number: 12-43-46-09-29-001-0100
Subdivision: DEL IDA PARK IN
Official Records Book: 10841 Page: 1849 Sale Date: Nov-1998
Legal Description: DEL IDA PARK LT 10 BLK 1 (DEL-IDA PARK HISTORICAL DIST)
Owner Information
Name: MANNWEILER R J &.
Mailing Address: 109 NE 7TH ST
DELRAY BEACH FL 33444 4028
Sales Information
Sales Date Book/Page
Nov-1998 10841/1849
Ma~1996 09338[0014
Price Sale Type Owner
$34,000 WARRANTY DEED MANNWEILER R J &.
$100 WARRANTY DEED
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2005
232 647
189000
421 647
2004
204 26
135 00
339 26
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2963
Acres: 0.14
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
-
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@ 2004 Palm Beach County Property Appraiser.
~:~~~~m~~~~~~~ 006
Struct ':al Detail
Page 1 of 1
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 BlJILDlNG 2 BUILDING 3 BLILnlNG 4
Structural Element for Building 1
Extra Feature
Description Year Built Units
POOL-IN-GROUND 50
Patio 625
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Fu II Baths
8. Half Baths
9. Roof Structure
10. Roof Cover
11. Interior Wall 1
12. Floor Type 1
13. Stories
WOOD SIDING
2000
HTG & AC
FORCED AIR DUCT
ELECTRIC
3
2
1
GABLE/HIP
MODULAR MTL.
DRYWALL
HARDWD/PARQUET
2
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1103
UOP UNFINISHED OPEN 48
2. PORCH
3. FGR FINISHED GARAGE 280
FSP FINISHED
4. SCREENED PORCH 156
FOP FINISHED OPEN 273
5. PORCH
FUS FINISHED UPPER 1103
6. STORY
Total Square Footage: 2963
Total Area Under Air: 2206
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OSSHAD
Units
1
Acres
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Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations
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@ 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info2.aspx?p _ entity= 124346092900 1 0 1 OO&Owner ... 5/16/2006
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
Page 1 ofl
Owner Information
peN: 12434609290010100
Name: MANNWEILER R J &.
Location: 109 NE 7TH ST
Mailing: 109 NE 7TH ST
DELRAY BEACH FL 33444
4028
2005 Preliminary Assessment
Market Value: $421,64
Assessed Value: $214,26
Exempt Amnt: $25,00
Taxable: $189,26
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
rsales Information
Sales Date Price
$4,415.4
$113.1
$4,528.6
Palm Beach County Property Map
Map Scale 1:2277
Legend
D Parcel Bomdary
~ Lot nurrber
Map produced on 5/16/2006 from PAPA
http://www.pbcgov.com/papa
http:// gisweb.co. palm-beach.f1. us/ipapagis/presentationlmapping/printnew .asp?MAPURL=http://gisweb.c... 5/1612006
FROM:
DAVID T. HA~a-::!t
PAUL DORLlNG, DIRECTOR OF
SCOTT D. PAPE, SENIOR PLAN
NIN'AN,~ING
//P r-
TO:
THRU:
SUBJECT: MEETING OF MAY16, 2006
RECONSIDERATION OF A CONDITION OF APPROVAL ASSOCIATED WITH THE
CONDITIONAL USE REQUEST TO ALLOW A FREE-STANDING MULTIPLE FAMILY
DEVELOPMENT TO BE KNOWN AS ROYAL PALM CLUB AT DELRAY BEACH IN
THE GC (GENERAL COMMERCIAL) ZONING DISTRICT AT THE NORTHEAST
CORNER OF SOUTH FEDERAL HIGHWAY AND FLADELL'S WAY (2501 SOUTH
FEDERAL HIGHWAY).
The property consists of Lots 12 through 33, Block 22; all of Block 23; Lots 1 through 10 and Lots 57
through 66, Block 35; Lots 12 through 33, Block 36; together with abandoned portions of Avenue "E" and
Frederick Boulevard. The area totals 6.28 acres and is zoned GC. The property contains four buildings
that were constructed between 1972 and 1992 and was the site of the Ralph Buick automobile
dealership.
The development proposal includes the demolition of the existing buildings and construction of a multiple
family and mixed use development. The mixed use portion of the development consists of 13,781
square feet of retail floor area, 13,900 square feet of office floor area, and 16 condominium residential
units along the west portion of the site. The multiple family portion of the development consists of 59
townhouse dwelling units to be located along the east portion of the site. Pursuant to LOR Section
4.4.9(0)(11), multiple family developments are considered conditional uses in the GC zoning district and
are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and
height, which are subject to the GC zoning district regulations. Additional background and an analysis of
the Conditional Use request are found in the attached Planning and Zoning Board staff report.
At its meeting of April 4, 2006, the City Commission approved the conditional use application for the
project, subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit
"A" - Technical Items" attached in the staff report;
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division with respect to a finding of concurrency.
3. That a letter be submitted from the Palm Beach County School District with respect to a finding of concurrency.
4. That the required townhouse building separation is provided.
5. That the eastern portion of the development be redesigned to accommodate guest spaces in close proximity to the
townhouses.
6. That the landscape islands behind the townhouse garages be a minimum of 20-feet in depth or the units are redesigned to
provide substantial storage opportunities within the garages.
During the City Commission discussion of the conditional use application, it was discussed that relief
from the separation requirement could be supported for the interior townhouse rows (condition #4)
provided that the required 30-foot separation is provided for the townhouses along Florida Boulevard.
However, the motion did not reflect this partial relief and required that all townhouse rows provide the
required 30-foot separation as recommended by the Planning and Zoning Board. As we believe this was
not the intent of the City Commission approval, clarification is being sought.
q0
Approve the conditional use request to allow a free-standing multiple family development in the GC
zoning district for Royal Palm Club at Delray Beach, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land
Development Regulations, subject to the conditions in the Planning and Zoning Board staff report with
the modification to condition #4 as follows:
4. That the required 30-foot building separation be provided for building #8 through #10 (perimeter
buildings) and that a building separation reduction to 18 feet can be supported for buildings #2
through #7 (internal buildings).
Attachment: P&Z Staff Report and Documentation of February 27,2006
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 27, 2006
IV.D.
Conditional Use Request for Royal Palm Club at Delray Beach (fka Raph Buick
Automobile Dealership) to Allow a Free Standing Multiple Family Development in
GC (General Commercial) Zoning District at the Northeast Corner of Fladell's
Way and South Florida Highway (2501 South Federal Highway).
AppliCant. . .. . .. . .. . .. . ... . New Century Companies, LLC
ROY~L
P ALII
IIORfGAGE
NA nONS
BANK
LlNfON
CENTER
GENERAL DATA:
LINTON
Owner......................... Zoberman, LLC
Agent......................... Weiner & Aronson, P.A.
ti
...
..:
DELRA Y
LINCOLN
MtRCURY
Jij~
-0(
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ILl
Location.......................... Northeast Corner of Fladell's Way
and South Federal Highway (2501
South Federal Highway)
o
~
:
Sewer Se/Vice................ Existing on site
..,
8"
Property Size.................. 6.28 acres
Future Land Use Map..... GC (General Commercial)
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: PC (Planned Commercial) &
RM (Multiple Family Residential)
East: RM
South: SAD (Special Activities District) &
RM
West: AC (Automotive Commercial)
SHERWOOD
PONTIAC
Existing Land Use.......... Vacant - Automotive
Proposed Land Use........ Conditional Use Request for a
Proposed Stand Alone Multiple
Family and Mixed-Use Project Known
as Royal Palm Club
Water Se/Vice................. Existing on site
DELRA Y
TOYOTA
IV.D.
The action before the Board is making a recommendation to the City Commission on
the conditional use request for Royal Palm Club at Delray Beach to allow a free-
standing multiple family development in the GC (General Commercial) zoning district
[LOR Section 4.4.9(0)(11 )], pursuant to LOR Section 2.4.5(E).
The property is located at the northeast corner of Federal Highway and Fladell's Way
(2501 South Federal Highway).
The. property consists of Lots 12 through 33, Block 22; all of Block 23; Lots 1 through 10
and Lots 57 through 66, Block 35; Lots 12 through 33, Block 36; together with
abandoned portions of Avenue "E" and Frederick Boulevard. The area of the property
totals 6.28 acres and is zoned GC. The property contains four buildings that were
constructed between 1972 and 1992. An automobile dealership was established in
1972 with the construction of the initial building.
At its meeting of January 3, 2006, the City Commission approved the rezoning of the
subject property from AC (Automotive Commercial) to GC.
The applicant proposes to demolish the existing buildings and construct a multiple
family and mixed use development. The mixed use portion of the development consists
of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, and 16
condominium residential units. The multiple family portion of the development consists
of 59 townhouse dwelling units. Pursuant to LOR Section 4.4.9(0)(11), multiple family
developments are considered conditional uses in the GC zoning district and are subject
to the RM (Multiple Family Residential) zoning district regulations except for setbacks
and height, which are subject to the GC zoning district regulations.
The conditional use application includes a waiver request to the following section of the
City's Land Development Regulations:
1. LOR Section 4.4.6(H)(3), which requires recreational facilities for older children.
The applicant has submitted a conditional use application for the townhouses and is
now before the Board for consideration.
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REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
Planning and Zoning Boara staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 2
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future Land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the LDRs as noted below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map and Zoning District designation of GC
(General Commercial). Pursuant to LOR Section 4.4.9(0)(11), free-standing multiple-
family housing are allowed as a conditional use in the GC zoning district. Based upon
the above, positive findings can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Water service is available via service lateral connections to an
existing 6" water main located within the subject property. Sewer service is available
via an existing 8" main along Florida Boulevard.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
Drainage: A conceptual engineering plan has been submitted with the conditional use
application that indicates that drainage will be provided via sheet flow to catch basins
and exfiltration trenches. There are no problems anticipated in retaining drainage on
site and obtaining any/all necessary permits.
Traffic: A traffic statement has been submitted that indicates that the proposed
development, including the commercial portion of the development, will generate an
additional 48 peak hour trips over the existing automobile dealership. Per the Palm
Beach County Traffic Performance Standards Ordinance, residential projects and the
residential portion of mixed-use projects, located east of 1-95, are exempt from traffic
concurrency, and concurrency is relevant only to the non-residential portion of the
development. The traffic statement has been transmitted to the Traffic Engineering
Division of Palm Beach County. However, no response regarding concurrency has
been received. It is noted that there is no anticipated concern with respect to traffic
concurrency. Thus, a positive finding of concurrency can be made subject to the
condition that a finding of concurrency be submitted from the Traffic Engineering
Division.
Parks and Recreation: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in its conclusion that "The City will have sufficient
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 3
recreation facilities at build-out to meet the adopted standards". A park impact fee is
collected to offset any impacts projects may have on City recreational facilities.
Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit for parks and recreation
purposes. A total fee of $37,500 will be required of this development (including the 16
loft units) for parks and recreation purposes.
Solid Waste: The proposed 75 multiple family dwelling units will generate 39 tons of
solid waste per year (75 units x 0.52 tons = 39 tons). The 13,900 square feet of office
area will generate 37.53 tons of solid waste per year (13,900 sq. ft. x 5.4 Ibs. / 2,000 =
37.53 tons). The 13,781 square feet of retail floor area will generate 70.28 tons of solid
waste per year (13,781 sq.ft. x 10.2 Ibs. I 2,000 = 70.28 tons). The total solid waste
generation for the project will be 146.81 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals
until the year 2024, thus a positive finding with respect to this level of service standard
can be made.
Schools: The Palm Beach County School District has not forwarded a finding of
concurrency for the proposed development. There is no anticipated concem with
respect school concurrency. Thus, a positive finding of concurrency can be made
subject to the condition that a finding of concurrency be submitted from the School
District.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request
shall be the basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no significant environmental characteristics to the subject property. The
proposed mixed-use and townhouse project will provide a transitional use between
Federal Highway and the residential neighborhood to the east.
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
Planning and Zoning Board staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 4
developments located in the downtown area, and for infill projects having fewer
than 25 units.
The proposed development has 75 dwelling units and is located out of the City's
downtown area. Therefore, recreational facilities that serve children from toddlers to
teens are required. The proposed development provides a tot lot along the east side of
the site. However, the proposed development does not provide a recreational facility
that serves teens. It is noted that the applicant has requested a waiver from this
requirement and will be addressed under the Compliance with Land Development
Regulation section of this report.
Housing Element Obiective B-2 - Redevelopment and the development of new
land shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic profile,
and meet the housing needs identified in this Element. Policies, which will
implement this objective, include:
Housing Obiective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policy.
Housing Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed mixed-use and townhouse project will provide a less intense transition
between Federal Highway and the less intense residential neighborhood to the east.
The issues with respect to safety, habitability and stability of the neighborhood should
be improved by introducing additional homeowners into the area.
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
LOR Section 4.4.6 RM Zone District:
Pursuant to LOR Section 4.4.6 (A) Purpose and Intent: The Medium Density
Residential (RM) District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a maximum of twelve (12)
units per acre. The actual density of a particular RM development is based upon
its ability to achieve certain performance standards which are intended to
mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. Further, the Medium Density Residential
District provides for implementation of those objectives and policies contained
Planning and Zoning Board ~taff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 5
within the Housing Element of the Comprehensive Plan, which call for
accommodating a variety of housing types.
LOR Section 4.4.6(1) Performance Standards:
Pursuant to LOR Section 4.4.6(1)(1) These standards shall apply to all site plans
approved subsequent to October 7, 1997 and for modifications to existing
developments which involve the creation of additional residential units. In order
to increase a project density beyond six (6) units per acre, the approving body
must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the
site. The extent to which a project meets the standards will determine the
number of units per acre that will be permitted. For example, if a project meets or
exceeds all of the standards, and. is otherwise consistent with applicable
standards and policies of the City's Comprehensive Plan and Land Development
Regulations, the maximum density is permitted. Projects which only partially
achieve these standards will be permitted a correspondingly lower density. The
performance standards are as follows:
The density of the proposed development including the 75 townhouses and
condominiums is 11.94 dwelling units per acre, which requires a finding of substantial
compliance with all applicable Performance Standards as noted below.
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be accomplished
through the use of traffic calming devices; street networks consisting of loops
and short segments; multiple entrances and exits into the development; and
similar measures that are intended to minimize through traffic and keep
speeds within the development at or below 20 m.p.h.
The street network is generally made up of loops and short segments. The plans
indicate that a raised crosswalk will be installed in the north/south drive aisles along
the east side of the property, which will help to control the vehicle speeds in this
area. Based on the above. a finding can be made that this development
substantially complies with this performance standard.
(b) Buildings are placed throughout the development in a manner that reduces
the overall massing, and provides a feeling of open space.
The four townhouse groups along the east side of the property are situated with the
front of the units facing Florida Boulevard. The way these units are sited will provide
an aesthetically pleasing streetscape. However. the applicant requests an internal
adjustment from the 30-foot separation requirement between 3-story townhouse
groupings. This will be discussed in greater detail under the Compliance with Land
Development Regulations of this report. However, it is noted that staff does not
support reduction of this separation requirement. Based on the above. a finding can
be made that this development substantially complies with this performance
Planning and Zoning Boara $taff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 6
standard provided that the required separation is provided and this is attached as a
condition of approval.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide a meaningful buffer to those lower density areas. Building setbacks
are increased by at least 25% of the required minimum; at least one tree per 30
linear feet (or fraction thereof) is provided; trees exceed the required height at
time of planting by 25% or more; and a hedge, wall or fence is provided as a
visual buffer between the properties.
The subject property is bordered on the east by RM (Multiple Family Residential -
Medium Density). The RM zoning district allows a density of up to 12 dwelling units
per acre subject to these same performance standards. Consequently, this
performance standard does not apply.
(d) The development offers a varied streets cape and building design. For
example, setbacks are staggered and offset, with varying roof heights (for
multi-family buildings, the planes of the facades are offset to add interest and
distinguish individual units). Building elevations incorporate diversity in
window and door shapes and locations; features such as balconies, arches,
porches, courtyards; and design elements such as shutters, window mullions,
quoins, decorative tiles, etc.
The architecture of the townhouses is an eclectic interpretation of the
Mediterranean style. The balance and rhythm of the different forms of the units are
well balanced and proportioned. The units are differentiated through the changes to
the window styles, door entry features, color scheme changes, balcony treatments,
and changes the roof line. Based on the above analysis, a finding can be made that
the development is consistent with this performance standard.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one, two and three
bedroom units with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
varying floor plans.
The townhouses are 3-bedroom units with one bedroom that can be converted to a
den. A variety of three floor plans are provided for the townhouses. The
condominium units have a variety of 2 and 3-bedroom units with seven varieties of
floor plans. Based on the above, this standard has been substantially met.
(f) The development is designed to preserve and enhance existing natural areas
and/or water bodies. Where no such areas exist, new areas which provide
open space and native habitat are created and incorporated into the project.
Planning and Zoning Boara ::itaff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 7
The property does not contain an existing natural area or water body that warrants
preservation. Pursuant to LOR Section 4.4.6(1)(2), infill-type projects can be
exempted from the performance standards. Therefore, compliance with this
standard is not applicable.
(g) The project provides a convenient and extensive bicycle/pedestrian network,
and access to available transit.
The development plan includes an extensive sidewalk system that connects the
units to the recreation area and Federal Highway. The developer will be responsible
for the costs associated with the installation of a bus shelter along Federal Highway
(easement noted on site plan). Based on the above, a finding can be made that the
development substantially complies with this performance standard.
In conclusion, the applicable performance standards are (a), (b), (d), (e), and (g). A
finding can be made that the proposed development complies with these performance
standards. In order to make finding of compliance with standard b, conditions of
approval are attached that the applicant provide the required separation between the
townhouse groups. Since the development complies with all five of the applicable
performance standards, a density increase to 11.94 dwelling units per acre can be
supported.
LOR Section 4.4.6 (H) (Special Reaulations - RM zone district):
Pursuant to LOR Section 4.4.6(H)(3) (Special Regulations), recreational areas
shall be required for all new rental apartment developments, and of owner
occupied developments which have homeowner associations that must care for
retention areas, private streets or common areas. New developments must
include recreational features that are designed to accommodate activities for
children and youth of all age ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are
appropriate for older children. A pool and clubhouse, unless specifically
designed for children, is not considered to meet this requirement. Projects
having fewer than 25 units may be exempted from this standard where it is
determined by the approving that it is not practical or feasible to comply.
As noted previously, the proposed development provides a tot lot along the east side of
the property and a common pool along the west side. However, a recreational facility
designed for older children has not been provided. The applicant has submitted a
waiver request from providing the required recreational facility.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 8
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Waiver Analysis:
The applicant has submitted the following narrative in support of the waiver request:
"This waiver will not adversely affect the neighboring area, significantly diminish the
provision of public facilities, create an unsafe situation or result in a grant of a special
privilege to our client. Due to the location of the project in an urban area, the waiver to
reduce the teen lot should be supported a similar waivers for other projects have been
in the past. In fact, some projects without a Teen Lot have even been approved without
the necessity of a waiver, such as Gramercy Square. Thus, it is our belief that this
waiver is not even necessary and we request that this waiver be eliminated. Our
project includes a pool, landscape area around the pool, tot lot and a fountain with
trellis. Moreover, Miller Park, one of the largest parks in the City, is within walking
distance of the project. Consequently, a positive finding with respect to LOR Section
2.4.7(8)(5), Waiver Findings can be made. 11
The City has typically supported in-fill projects and projects located in the urban core
area. For projects out of the downtown area, the City has typically required the
provision of recreational facilities for teens such as a sport court. It appears that
Gramercy Square was inadvertently approved without a teen facility or waiver there-of.
It is noted that the townhouse portion mimics the motor courtyard design of similar
projects in the urban core area. The 6.28 acre parcel could be considered an in-fill
project within a commercial area and not a suburban-type townhouse project. Sased
on the above a positive finding with respect to LOR Section 2.4.7(S)(5) can be made.
LOR Section 4.3.3(0) (Townhouse Oesian Standards):
As described below, the development proposal complies with the design
standards for townhouse developments outlined in LOR Sections 4.3.3(O)(4)(a)
through (d):
a) No more than two townhouses may be constructed without providing a front
setback of no less than 4' offset front to rear.
The purpose of this requirement is to prevent a long linear appearance. The
proposed development consists of 5 unit and 6 unit townhouse buildings. These
building have been designed with a 2-foot front to rear offset. Therefore, a condition
of approval is attached that a 4-foot front offset be provided between the front of the
townhouse unit and the front fascia of the next townhouse.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 9
b) No townhouse row shall consist of more than 8 units or a length of 200'.
The maximum townhouse row is six dwelling units and 120-feet in length, thus
meeting this code requirement.
c) Service features, garages, parking areas, and entrances to dwelling units
shall, whenever possible, is located on a side of the individual lot having
access to the interior street. Walkways should be designed to connect
dwelling units with each other and connect each dwelling unit with common
open space.
The garages are oriented toward the interior street system. The only deviation from
this standard is the front of the units that face Florida Boulevard along the east side
of the property. It is noted that these units -are designed in ttie neo-traditional
fashion and will enhance the streetscape along this road.
d) Not less than 25% of the total area, less water bodies, shall be usable open
space, either for recreational or some other suitable purpose, public or
private.
The basis for this standard is to assure that larger residential developments provide
adequate recreational amenities. With smaller developments, provision of these
amenities is not considered financially feasible, and the required contribution of
$500.00 per unit (park impact fee) is considered adequate. It is noted, however,
that 27% of the site will be landscape/open space area, which can be used for
recreational purposes.
LOR SECTION 2.4.5(El - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north side by PC (Planned Commercial) and
RM (Multiple Family Residential); on the south by SAD (Special Activities District) and
RM; on the east by RM; and on the west by AC (Automotive Commercial) zoning
district. The adjacent land uses include: Delray Plaza and residential to the north;
automobile dealership and residential to the south; residential to the east; and
automobile dealership to the west.
Planning and Zoning Boam -.>taff Report
Royal Palm Club at Oelray Beach - Conditional Use Request
Page 10
The proposed townhouses will provide a transition from Federal Highway. The
additional residents should improve the stability of the neighborhood by increasing the
number of "eyes" in the neighborhood.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the Land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with LOR
Section 2.4.3 will be required. Based upon staffs review of the sketch plan and
site inspections, the following analysis is provided.
Townhouses and Townhouse Type-of Development: ."
Setbacks:
Pursuant to LOR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to
side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit
groups) shall not be located closer than twenty-five (25) feet for a two-story structure,
nor thirty-feet (30) for a three story or greater structure. The proposed separation
between the three story townhouses is 18 feet (except buildings 9 and 10, where 30-
feet is provided). The applicant has submitted an internal adjustment request to reduce
the separation requirement, which will be considered by the Site Plan Review and
Appearance Board during the site plan review process pursuant to LOR Section
2.4.7(C).
LOR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it
pertains to the Medium Density Residential (RM) zone district:
Two Bedroom Unit
Three Bedroom Unit
900 sq.ft.
1,250 sq.ft.
40%
25%
1,295 sq.ft.
1,915 sq.ft.
33.6%
25%
The following table indicates that the proposal complies with LOR Section 4.4.6(F)(3)(a)
as it pertains to the General Commercial (GC) zone district:
F ront (east)
Front (west)
Side Interior (north)
Side Interior (south)
Side Street
10.67'
25'
11.17'
14'
13.51'
Planning and Zoning Boara ;:,taff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 11
48' 45' 10"
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(3)(a) and Section 4.6.9(O)(4)(a), the required parking
for the retail and office floor area is 110.66 space. The required parking for the 75
multiple family dwelling units is 174 parking spaces. Pursuant to LOR Section
4.6.9(C)(8)(a), the total required shared parking for the proposed development is 251
parking spaces including one reserved space per condominium and two reserved
(garage spaces) for the townhouses. The proposed development exceeds the parking
requirements since 260 are provided on-site.
Parking Design:
Pursuant to LOR Section 4.6.9(0)(1 )(a), parking spaces should be located and arranged
in such a manner as to facilitate pedestrian access to the uses they are intended to
serve. In general, parking spaces should be distributed proportionately to needs. The
nearest guest parking spaces to the townhouses along Florida Boulevard are located
toward the interior of the property. Guests will have to pass through the interior
townhouse courtyards and across a drive aisle to get to their destination. Further, the
applicant has indicated that the proposed parallel spaces along Florida Boulevard can
serve as guest spaces. However, it is not reasonable to assume that these spaces will
be utilized for guest spaces given the circuitous route that a visitor would have to drive.
Therefore, a condition of approval is attached that the eastern portion of the
development be redesigned to accommodate guest spaces in close proximity to these
townhouses.
Other Issues:
Townhouse Parking:
The proposed townhouses have a 6-foot deep landscape island between the garage
door and the drive aisle. This area has been utilized by people temporarily parking
behind the garage and blocking the drive aisle. Further, this situation is exacerbated by
a lack of storage room within the units, which causes people to park their vehicles
outside the garages when they become full of personal items such as bicycles.
Therefore, based on good design principles, a condition of approval is attached that the
landscape islands be a minimum of 20-feet in depth or the units be redesigned to
provide substantial storage opportunities within the garages.
..~ _., _" _;.~~>"~~~><':~;,~-,~~~c:~'~2~~~ Il'~~ :Erl~tB"t~~:-, _.._.~_~ ~.~~~~~_~~:>~
The proposed development is not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (ODA).
Planning and Zoning Boara ;:itaff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 12
Site Plan Review and Appearance Board:
If the Conditional Use request is approved, a site plan application will be processed for
the development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, wh.ich have requested notice of developments in their areas:
~ Neighborhood Advisory Council
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Tropic- Harbor Condo Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. The City has received the attached letter that expresses concerns
with respect to construction vehicles utilizing Florida Boulevard to enter the site. Any
additional letters of support or objection will be presented at the Planning and Zoning
Board meeting.
As described in this staff report, there are several issues regarding the functionality of
the development with respect to guest spaces and adequate storage/parking area for
the townhouses. Further, the reduction of the separation between the townhouse
buildings cannot be supported for this new development. As a new development
outside the downtown area, this separation should be provided. The proposed use is
consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of
the Land Development Regulations. Positive findings can be made with respect to LOR
Section 2.4.5(E)(5) regarding compatibility of the proposed development with the
surrounding properties regarding the requested increase in density.
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A. Postpone with direction.
8. Move a recommendation of approval to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Royal Palm Club at Delray Beach, by adopting the findings.
of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5),
2.4.7(B)(5), 4.4.6(I)(Performance Standards], and Chapter 3 of the Land
Development Regulations.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 13
C. Move a recommendation of denial to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Royal Palm Club at Delray Beach, by adopting the findings
of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(E)(5), 2.4.7(8)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of
the Land Development Regulations.
By separate motion:
Waiver:
. Move a recommendation of approval to the City Commission of a waiver to LOR Section
4.4.6(H)(3), which requires recreational facilities for older children, based on a positive
finding with respect to LOR Section 2.4.7(B)(5).
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow a free-standing multiple family development in the GC zoning district for
Royal Palm Club at Delray Beach, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards],
and Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff
report;
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division
with respect to a finding of concurrency.
3. That a letter be submitted from the Palm Beach County School District with respect
to a finding of concurrency.
4. That the required townhouse building separation is provided.
5. That a 4-foot front offset be provided between the front of the townhouse unit and
the front fascia of the next townhouse.
6. That the eastern portion of the development be redesigned to accommodate guest
spaces in close proximity to the townhouses.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 14
7. That the landscape islands behind the townhouse garages be a minimum of 20-feet
in depth or the units are redesigned to provide substantial storage opportunities
within the garages.
Attachments:
. Exhibit "A"
. Conceptual Plans
. Location Map
. Letter of concern
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Boara ~(aff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 15
1. Pursuant to LDR Section 4.3.3(0)(2), a plat will be required.
2. That the applicant remit the contribution of $7,500 for the construction of a bus shelter.
3. That construction vehicles are prohibited from utilizing Florida Boulevard to access the site
except as individually authorized by the Chief Building Official or designee.
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[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVE\lIJL' DIIRAY BEACH, FLORIDA 33444
TLLLI'IJONF: ~(, I; 2[' 7i){)i I' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR I D A
D.eatI
All-America City
, 1111 ! DATE
1993 TO:
MEMORANDUM
May 9,2006
City Commission
2001
FROM:
Susan A. Ruby I City Attorney
SUBJECT: Interlocal Agreement Between the City of Delray Beach and the
Delray Beach Community Redevelopment Agency for Work
Performed bv REG Architects. Inc.
The CRA will consider this Interlocal Agreement on Thursday May 12th. The
Interlocal Agreement provides that the City will contribute up to $50,000 and the
CRA will pay up to $50,000 for the services of Rick Gonzalez's firm REG
Architects, Inc. to address the City's historic districts and additional regulations.
The CRA has a contract with REG, Inc and the City will pay reimburse the CRA
as set forth in the agreement.
By copy of this memorandum to David Harden, City Manager, our office is
requesting that the Interlocal Agreement Between the City of Delray Beach and
the Community Redevelopment Agency be placed on the City Commission
~ May 16, 2006 for consideration by the City Commission.
Attachments
cc: Chevelle Nubin, iCity Clerk
Diane Colonna, Director of the CRA
David N. Tolces, Esq.
\
qe:-
Meeting Date:
May 11, 2006
Agenda Item :
~ Summary ~
INTERLOCAL AGREEMENT BETWEEN CITY AND CRA -
HISTORIC DISTRICT ORDINANCE REVISIONS
The City has imposed a six-month moratorium on most development in the five
historic districts. The purpose of the moratorium is to evaluate current
ordinances and make changes necessary to ensure that future development is
compatible with the character of the individual districts. The work involved will be
extensive given the number of districts and the short time frame, and will require
the services of an architect/consultant.
The CRA has continuing contracts with a number of architects, which will enable
us to authorize the work without going through a formal bidding process. Rick
Gonzalez of REG Architects specializes in historic preservation projects and is
qualified to head up this project. The City has asked the CRA to contract with
REG and to share in the costs of the contract, which is $100,000. The requested
CRA share is 50%, or $50,000.
The attached Interlocal Agreement provides for the cost sharing arrangement
between the City and the CRA. Funding is available under the Downtown
Master Plan section of the budget.
Recommended Action:
Approve the attached Interlocal Agreement between the City and the CRA
providing for the services of REG Architects to address the City's historic district
ordinances.
Submitted By:
Diane Colonna. Executive Director
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND
THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY FOR
WORK PERFORMED BY REG ARCHITECTS, INC.
THIS AGREEMENT is made this
day of
, 200_ by and
between the CITY OF DELRAY BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
WHEREAS, the CRA has entered into a contract with REG Architects, Inc.
to develop guidelines, Land Development Regulations, and conduct meetings in
relation to the CITY'S historic districts, the Scope of Services to be performed by
REG Architects, Inc. is more specifically set forth in the proposal for services
attached hereto as Exhibit "A", which is incorporated herein by reference; and
WHEREAS, the CRA and the CITY intend to each pay 50% of the total
charged by REG Architects, Inc. not to exceed the amount provided for in this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. The CRA and the CITY, agree to each pay 50% of the costs for the
services provided by REG Architects, Inc. pursuant to an Agreement entered into
between the CRA and REG Architects, Inc.. The Agreement to be entered into
between the CRA and REG Architects, Inc. shall include the Scope of Services
as provided in Exhibit "A", which is attached hereto and incorporated herein by
reference.
3. The parties agree that no later than thirty (30) days following the
receipt of an invoice from REG Architects, Inc., that the CITY shall reimburse the
CRA for 50% of the costs indicated on the invoice. Both the CRA and the CITY
agree to each pay costs up to an amount not to exceed $50,000, for the work
performed under the agreement between the eRA and REG Architects, Inc.
3. The term of this Agreement shall commence upon execution by
both parties and shall continue until the agreement between REG Architects, Inc.
and the CRA has been concluded.
4 This Interlocal Agreement shall be filed pursuant to the
requirements of Section 163.01 (11) of the Florida Statutes.
5. No prior or present agreements or representations with regard to
any subject matter contained within this Agreement shall be binding on any party
unless included expressly in this Agreement. Any modification to this Agreement
shall be in writing and executed by the parties.
6. The validity of any portion, article, paragraph, provision, clause, or
any portion thereof of this Agreement shall have no force and effect upon the
validity of any other part of portion hereof.
7. This Agreement shall be governed by and in accordance with the
Laws of Florida. The venue for any action arising from this Agreement shall be in
Palm Beach County, Florida.
2
8. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
9. This Agreement shall not be valid until signed by the Mayor and the
City Clerk.
CITY OF DELRA Y BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
DNT:dnt
H:\2006\060018 DBCRA\AGMT 2006\lnterlocal Agreement City CRA REG Architects Inc (2).doc
3
AGREEMENT FOR ENGINEERING SERVICES
Page 1 of 4
EXHIBIT A
CONSULTING WORK ASSIGNMENT
DATE:
WORK ASSIGNMENT NO.
FOR CONSULTING SERVICES
CRA PROJECT BUDGET CODE
CRA PROJECT NAME: Historic District Design Guidelines
This Work Assignment, when executed, shall be incorporated in and shall become an integral
part of the Contract.
I. PROJECT DESCRIPTION
To evaluate existing development patterns within the City's five (five) historic districts, review
the applicable Land Development Regulations (LDRs), and suggest LDR revisions to ensure
that future development that occurs within the districts is consistent and compatible with
prevailing development patterns.
The five districts are:
. Marina District
. Nassau Street District
. Old School Square Historic Arts District (OSSHAD)
. Del-Ida District
. West Settlers District
For the purposes of conducting public meetings only, the areas will be grouped into two
sections: East (Marina and Nassau) and West (OSSHAD, Del-Ida and West Settlers)
II. SCOPE OF SERVICES
1. Background Info/Research -- Confirm boundaries; complete existing conditions inventory
and analysis (two weeks per each area) with input form city staff.
2. 1 st public meeting: solicit opinions/educate/issues (buy-in) - education on "mansionization"
share tools then obtain input. Manage growth - can't stop it yet direct growth towards
preferred direction.
5/11/2006
AGREEMENT FOR ENGINEERING SERVICES Page 2 of 4
3. Identify preferred character/direction - establish vision for each unique neighborhood area.
Also research (with city staff input) similar guidelines prepared for other Florida cities and
review national historic methodology examples.
4. Establish small Task Force for each of the 5 areas. Conduct meetings with the Task
Forces (2 meetings) x 2 sessions = 4 meetings per neighborhood area. CRA member and area
stakeholders/steering committee/voice ideas/feedback; compress into west section and east
section with city staff assistance.
5. 2nd public meeting - Design proposals/rough draft of ideas to be implemented manual
book/powerpoint-examples/pictures/3D visuals. (Draft report provided prior).
6. Refinements/resolve any discrepancies/final draft report provided including final city staff
input.
7. 3rd final public meeting - present final report
Time: 40% meetings and input 30% text and 30% graphics = allow 4 to 5 months total.
B. - The City/CRA will provide the following assistance:
1. All advertising and typing of LOR's (REG to provide redlines)
2. Input from staff such as Historic Preservation Planner for historic input plus access to
Delray Planning Department intern to assist.
C. - Team Approach
REG Architects, Inc. will include assistance from Urban Design Studio (UDS) Jon Carlino and
staff to prepare all materials. REG will also obtain assistance from Historic Consultants
William Waters and from City of Delray CRA Planning & Historic staff.
III. BUDGET
The total budget for this project shall not exceed$100,000.00 payable in accordance with
paragraph iv 8 .
IV. OTHER
1. In the event the ARCHITECT, during the course of the work under this AGREEMENT
requires the services of any subcontractors or other professional associates in connection
with services covered by this WORK ASSIGNMENT other than those listed within this
assignment, ARCHITECT must secure the prior written approval of the CRA.
2. The CRA reserves the right to accept the use of a subcontractor or to reject the selection of
a particular subcontractor and to inspect all facilities of any subcontractors in order to make
a determination as to the capability of the subcontractor to perform properly under this
Contract. The ARCHITECT is encouraged to seek minority and women business
enterprises for participation in subcontracting opportunities.
3. If a subcontractor fails to perform or make progress, as required by this Contract, and it is
necessary to replace the subcontractor to complete the work in a timely fashion, the
ARCHITECT shall promptly do so, subject to acceptance of the new subcontractor by the
CRA.
5/11/2006
AGREEMENT FOR ENGINEERING SERVICES Page 3 of 4
4. The CRA reserves the right to make changes in Scope of Services, including alterations,
reductions therein or additions thereto. Upon receipt by the ARCHITECT of the CRA's
notification of a contemplated change, the ARCHITECT shall, in writing: (1) provide a
detailed estimate for the increase or decrease in cost due to the contemplated change, (2)
notify the CRA of any estimated change in the completion date, and (3) advise the CRA if
the contemplated change shall effect the ARCHITECT's ability to meet the completion dates
or schedules of this Contract.
5. If the CRA so instructs in writing, the ARCHITECT shall suspend work on that portion of the
Scope of Services affected by a contemplated change, pending the CRA's decision to
proceed with the change.
6. If the CRA elects to make the change, the CRA shall initiate a Contract Amendment and the
ARCHITECT shall not commence work on any such change until such written amendment is
signed by the ARCHITECT and approved and executed on behalf of the CRA
7. This work assignment is approved contingent upon the CRA's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous work assignment. If the CRA in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CRA may terminate the contract without incurring any further liability or cost. The
CONSULTANT may not commence work on any work assignment approved by the CRA to
be included as part of the contract without a further notice to proceed.
8. The dates, times, payment schedules and identification of all deliverables will be in
accordance with the terms and schedules approved by the Director of the CRA and the City
Manager of the City.
COMPLETION DATE
The services contained in this Work Assignment shall be completed within 150 calendar days of
execution by the CRA.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Contract for
Consulting/Professional Services the day and year first above written.
Witnesses:
WITNESSES:
eRA:
(Name Printed or Typed)
Community Redevelopment Agency
Company Name
Signature
Signature
James
Lamar
Shuler
Chairman
(Name Printed or Typed)
(Name Printed or Typed)
Signature
5/11/2006
AGREEMENT FOR ENGINEERING SERVICES
The foregoing instrument was acknowledged before me this day of
(name of person acknowledging).
Page 4 of 4
by
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known
OR Produced Identification
Type of Identification Produced:
WITNESSES:
CONSULTANT:
(Name Printed or Typed)
Company Name
Signature
Signature
(Name Printed or Typed)
(Name Printed or Typed)
Signature
(Corporate Seal)
COUNTY OF
STATE OF
The foregoing instrument was acknowledged before me this day of
(name of person acknowledging).
by
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known
OR Produced Identification
Type of Identification Produced:
5/11/2006
City of Delray Beach
Budget Transfer Form
(1) Departmental line Transfer
(2) Date: May 11, 2006
(3) Interfundjlnterdepartmental Transfer
(4) Batch Number:
(5) Requested By:
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION I (8) TRANSFER OUT (9) TRANSFER IN
001-6111-519.99-03 Manager's Contingency $ 50,000
001-2511-515.31-90 other Professional Serv $ 50,000
(10) TOTAL $ 50,000 $ 50,000
JUSTIFICA TION: Fund agreement between City and CRA for the services of REG Architects, Inc to
address the City's historic districts and additional regulations. I
To be placed on the May 16, 2006 agenda.
1
/ I
. ...--.
Department Head Budget Offic~ . /.1 IJ1A/v(AJL I <::) ) 1/
'" . ,-
Finance Director City Manager
/b
(11) Budget Revision Date
(12) Control Number
ORIGINAL-BUDGET
CANARY-PROJECT FILE
(14) Count
PINK-DEPARTMENT
(13) Period
~
TO:
rtY~ 7t~~, CITY MANAGER
~~\~ ~~IRECTOR OF PLANNING & ZONING
~T ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 16, 2006 - REGULAR AGENDA
REVIEW A REQUEST FROM THE PARKING MANAGEMENT ADVISORY
BOARD TO INITIATE A TEMPORARY MORATORIUM FOR THE
APPROVAL OF IN-LIEU OF PARKING FEE REQUESTS
THRU:
FROM:
SUBJECT:
The Parking Management Advisory Board (PMAB), at its meeting of April 25, 2006, considered
proposed modifications to the in-lieu fees based on current land and construction costs. The last
time a fee increase was enacted was February of 1999 when the fees went from $6,000 per space
anywhere in the City to today's varying fees charged by geographic area ranging from $4,000 in
the West Atlantic corridor to $14,000 east of the Intracoastal Waterway.
The related staff report furnished to the PMAB (see attached) provided current land values in the
various areas and current estimated construction costs using estimated construction costs gleaned
from the Old School Square and Block 69 garage proposals. As noted in the attached, these costs
represent significant increases in all areas.
After some deliberation the Board tabled the item to allow members additional time to evaluate the
information and although a quorum was present (six of eleven members) the members wanted
additional input from the absentee members.
Subsequent to tabling the item another motion was offered to impose a temporary moratorium on
the approval of any additional in-lieu requests until the modifications to the in-lieu fees (if any),
were codified.
Given the low volume of requests and the potential negative impact this moratorium might create
staff does not support the recommended moratorium. Further, if the PMAB determines the
appropriate direction at their next meeting enactment of the associated changes could occur in
approximately the same time frame as enactment of a moratorium.
The PMAB, at its meeting of April 25, 2006, unanimously recommended approval of a temporary
moratorium on approvals of in-lieu requests until the modifications to the in-lieu fees (if any), were
codified.
By motion, deny the recommendation from the PMAB to impose a temporary moratorium on the
approval of any in-lieu fee requests until the modifications to the in-lieu fees (if any), are codified
adopting findings of fact and law contained in the staff report, and finding that the recommendation
and approval thereof is inconsistent with the Comprehensive Plan and therefore does not meet
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: PMAB Staff Report
~\:)
Planning & Zoning Department
MEMORANDUM
DELRAY BEACH
~
;'ijir
1993
2001
>"n' ,> >
,>" , > ,>u, >,>,
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TO: Parking Management Advisory Board
FROM: Scott Aronson, Parking Management Specialist
RE: Regular Agenda Item V.A - PMAB Regular Meeting April 28, 2006
Review Recommendations For The Increases To In-Lieu Parking Fees
Action:
The item before the Board is to forward a recommendation to the City Commission on a proposed
increase to the current in-lieu parking fees.
Backgr
d & Analysis:
Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land
Development Regulations (LOR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the City
to today's varying prices charged by geographic area as shown in Table 1 below.
Table 1
Area 1 Properties zoned CBO and east of the Intracoastal Waterway (lCW) $14,000
Area 2 West of the ICW zoned CBO or CBO-RC excluding parcels located in
the OSSHAO and Pineapple Grove Main Street $12,000
Area 3 Properties located in the Pineapple Grove Main Street and OSSHAO,
excludinq block 69. $6,000
Area 4 Properties located in the West Atlantic Neighborhood zoned CBO $4,000
The modifications were made to reflect the actual cost of constructing parking spaces and
included appropriate land values. The 1999 review provided costs for both surface and structured
parking (garages). The proposed prices were based on both land value and estimated cost of
construction. Considering the inefficient utilization of land that surface parking creates, its
disruption of the desired pedestrian friendly streetscape and limited availability of land, staff is
recommending the costs be based on structured parking only in all areas except the West Atlantic
neighborhood for which both costs are provided and board direction is requested.
The land area per parking space for a multi-level parking garage is dependant on the number of
floors in the structure. A three-story garage containing 300 spaces will require a site area of
approximately 46,500 square feet, while a two story garage containing 200 spaces will still require
the same land area. Although the land cost per parking space will continue to decrease as the
number of floors in the garage increases, aesthetics, and compatibility with surrounding properties
will playa major role in the decision of how high to go. For the purpose of this report, we will
assume a three level garage containing 300 spaces. The land area per parking space with this
scenario is 155 square feet. To assess the construction costs of garages staff used the most
recent cost estimates for the Old School Square and Block 69 garages illustrated in Table 2
below.
Table 2
Facility Caoacitv Total Construction Cost Cost Per Soace
Block 69 207 $7,128,769.00 $34,438.50
OSS Garaqe 525 $15,210,000.00 $28,971.50
The cost of land is most dependant on location. The proposed Downtown Parking Master Plan
identifies several sites which could accommodate the construction of parking garages. For the
purpose of this report, an analysis of land values was completed for four areas with different
characteristics where in-lieu fees are allowed. These figures, shown in Table 3, represent the
Palm Beach County Property Appraiser's 2005 assessed value including improvements. Although
the ratio of the property assessment to market value varies in each area, market values are
higher than assessments in all areas. Therefore, if additional acquisition is required the costs will
be somewhat higher than the stated figures. If necessary, further refinement is possible through
the use of a Property Appraiser.
Table 3
Average land Value Median land Value
Area (per square foot) (per square foot)
Area 1 - CBO - East of ICW $106.36 $94.79
Area 2 - CBO - West of ICW $66.22 $62.22
Area 3 - OSSHAO I PGW $41.54 $39.29
Area 4 - West Atlantic Avenue $14.02 $7.84
To assess the land value per space, the both the average and median land values have been
multiplied by the 155 square feet per space (determined to be the square footage per space in
structured parking facilities) and are illustrated in Table 4 below.
Table 4
land Cost Per Space
Average land Value Per Median land Value Per
Value (AlV) Space Value MlV) Space
Area (per SQ. ft.) (VPS\ (per sq. ft.) (VPS)
Area 1 - CBO - East of ICW $106.36 $16,485.80 $94.79 $14,692.45
Area 2 - CBO - West of ICW $66.22 $10,264.10 $62.22 $9,644.10
Area 3 - OSSHAO I PGW $41.54 $6,438.70 $39.29 $6,089.95
The West Atlantic Neighborhood is currently in its early stages of development. The Community
Redevelopment Agency has several projects proposed in addition to the City's proposed roadway
improvements (including on-street parking) on Atlantic Avenue. Due to the availability of land in
the area, and the increased feasibility of providing surface parking, Table 5 illustrates the
estimated land values associated with the construction of both surface and structured parking.
Table 5
West Atlantic Avenue
AlV Surface Garage MlV Surface Garage
(oer sa. ft,) (oer sa. ft,)
Area 4 - West
Atlantic Avenue $14.02 $6,309 $2,173.10 $7.84 $3,528 $1,215.20
Table 6, below, will illustrate the estimated construction cost per space for structured parking in
areas 1, 2, and 3. Surface parking lots in the West Atlantic neighborhood will be listed separately.
The construction costs for structured parking remains the same regardless of area. Therefore
Table 6 will consolidate the estimated construction cost utilizing both average and median land
values to ascertain the total estimated construction cost, per space, for structured parking. The
figure of $31,705 was used as the per space construction cost which was derived by averaging
the estimates from the OSS and Block 69 Garages ($28,971.50 + $34,438.50/2 = $31,705.00).
Table 6
Total Construction Cost by Area (Garaaes\
Area ALV GaraQe MLV GaraQe
Area 1 - CBO - East of JCW $16,485.80 $48,190.80 $14,692.45 $46,397.45
Area 2 - CBO - West of ICW $10,264.10 $41,969.20 $9,644.10 $41,349.10
Area 3 - OSSHAO I PGW $6,438.70 $38,143.70 $6,089.95 $37,794.95
Area 4 - West Atlantic Ave. $2,173.10 $33,878.10 $1,215.20 $32,920.02
Lacking any recent projects for the construction of surface parking lots staff did a mock workup of
a 56 car parking lot. Using an estimate prepared by the Engineering Department to estimate the
construction of a 10 car surface lot, the resulting construction cost per space is $4,799.80
including landscaping, irrigation and lighting. Surface parking, including access,
vehicular/pedestrian circulation and open spacellandscaping requires approximately 450 square
feet per space. Inefficient property configurations which necessitate the use of single-loaded
parking aisles can require over 500 square feet per space. For the purpose of this report;
however, we will assume that 450 square feet is the average area for a typical surface parking
space. Table 7 illustrates the estimated cost per space of surface parking lots utilizing both the
average and median land values.
Table 7
Area 4 - West Atlantic Avenue
MlV
$3,528.00
Surface
$8,327.80
In summary, it is evident that current in-lieu fees are severely under priced and need to be
increased. Staff is cognizant of the fact that increasing the fees from today's rate to the estimated
costs outlined in this report might be both impractical and possibly create a negative impact to
redevelopment in the downtown.
It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was
reduced from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3
which includes Pineapple Grove Way and the Old School Square Historic Arts District were not
increased for the same reason.
Staff Recommendation:
Board Discretion.
01<
">uu>,~
'\ 1
[ITY OF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
I!! '\\\ hi A\'1'\\ : . DfI>RAY BEACH. FLORIDA 33444
: II I.PI j( )\'1 'I) i I' F\CSL\:IILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DElRAY BEACH
lKe:d
All-America City
, III I! DATE:
MEMORANDUM
May 11, 2006
1993
2001 TO:
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Lease Between the First Presbyterian Church of Delray Beach and
the City of Delrav Beach
Attached please find a Lease between the First Presbyterian Church of Delray
Beach and the City of Delray Beach for a period of five years. The monthly lease
amount is $1,280.00 which will be increased 3% per year during the Lease term,
compounded to reflect inflation.
By copy of this memorandum to David Harden, City Manager, our office requests
that this item be placed on the May 16, 2006 City Commission agenda for
approval.
Attachment
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
Scott Aronson, Parking Management Specialist
q\::::.
CHURCH OF DELRAY BEACH
tJY)
Theodore A. Bush, Ph.D. '
Senior Pastor
Joan LeRoy Abell, M.R.E.
Associate Pastor
FlRST PRESBYTERIAN
Qo/k w~ ~?ytlte~ea
"""'- ....""y""""""",
":;r"', t: t; ~:-1 V c: IJ
April 18, 2006
1 S 2005
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
,
p-~
Dear Mr. Harden,
We are in receipt of the letter dated March 6, 2006 from Jeff Perlman regarding renewal
of the lease agreement between the City and the Church for the Gleason Street parking lot
that is due to expire on May 31, 2006.
The Church is agreeable to renewing the lease for the five-year term requested
commencing on June 1,2006, as requested in Mr. Perlman's letter. The Church requests
that the monthly rent under the new lease be increased to $1,280.00, an increase
equivalent to the rate of inflation that has occurred over the original five-year term of the
lease. The Church also requests that rental increases be built into the new lease based
upon some measurable factor that we ask the City to propose.
We apologize for not responding sooner to Mr. Perlman's letter and we understand that
our delay may cause execution of the new lease to extend beyond the expiration date of
the old lease. The Church is willing to permit the continued use of the parking lot by the
City under the conditions contained in the old lease until the new lease is executed to be
effective June 1, 2006. Should it be necessary to extend the old lease, please
acknowledge your agreement to the extension of the old lease in writing to us.
Please provide drafts of the new lease for our review to the attention of the undersigned
care of the Church office.
Sincerely,
1hOWJCI/;:) 1 E!iw~ ,p
Thomas L. Elliott ~
Assistant Treasurer
Cc: Mr. Scott Aronson, City of Delray Beach
33 Gleason Street, Delroy Beach, Florida 33483 . 561-276-6338 · Fax 561-272-8505 · administrator@firstdelray.com
LEASE AGREEMENT
This Lease is made this _ day of , 2006, by and between
the FIRST PRESBYTERIAN CHURCH OF DELRA Y BEACH (hereinafter referred to
as, "Lessor" or "Church") and the CITY OF DELRA Y BEACH, a Florida municipal
corporation, (hereinafter referred to as, "Lessee" or "City").
WITNESSETH:
Whereas, the Church and the City entered into a lease dated May 1, 2001, that
expired on May 31,2006; and,
Whereas, the City and the Church desire to enter into this new lease agreement
upon the terms set forth herein.
1. Demise and Description. The Church leases to the City, property
legally described in Exhibit A, attached hereto and made a part hereof. The property
shall be referred to as the "parking lot", the "leased premises", or the "leased property"
in this Agreement.
2. Commencement: Term. The term of this Lease shall commence June 1,
2006 and shall terminate the last day in May, 2011, unless terminated as provided
herein.
3. Payment of Rent. The City shall pay to the Church one thousand two
hundred and eighty dollars ($1,280) per month. The City shall pay such amount at the
first of each month or may, at its option, pay once a year, in advance, commencing
upon the date of entering into this Lease and every year thereafter. The Lease rate
shall increase by 3% per year on a compounded basis effective annually on each
anniversary date of this Agreement. If the City has paid rent in advance and the Lease
is terminated by either party, the Church shall repay to the City a prorata amount of the
rent the City paid in advance representing months or parts of months, that the City did
not use the property after the termination date. If the City fails to pay rent on the date
due, the Church shall give the City notice of a failure to pay and the City shall pay
within ten (10) days from the City's receipt of such notice.
4. Liahtina. The City may install lighting. If the City installs lighting, the
City shall pay all costs incurred for the improvement including all operation costs and
charges.
5. Improvements/Alterations. The City shall not make any permanent
improvements or alterations to the parking lot, except as expressly provided for in this
paragraph or otherwise in this Lease, unless the City obtains the express written
consent of the Church, in advance, to additional improvements. The City has installed
up to 39 parking spaces reserving one space on the lot for the exclusive use of the
Senior Pastor, at a location mutually agreed upon by the parties. The City reconfigured
the parking, restriped the parking lot, rearranged car stops, added car stops and added
curbing and landscaping where needed. The City installed gates for the driveway
openings off Gleason Street. The City has installed parking meters. The City will
delineate a crosswalk from the lot to the east side of Gleason Street with signage in
accordance with the Florida Department of Transportation standards. The City or the
Church shall not install permanent dumpsters on the lot unless both parties agree.
However, the City may install temporary trash receptacles on the lot. If both parties
agree to the placement of a permanent dumpster by the Church, the City may
decrease its rental payments by $30.00 per month for each space made unusable by
2
the dumpster location. The gate that leads to Atlantic Plaza may remain as long as it
always remains open for pedestrian access. There will be no vehicular access through
the gate. The City installed appropriate landscaping. The City paid the total cost of
these improvements. Neither the City nor the Church shall permanently block the
opening referred to in Exhibit C without the express written consent of the other. The
opening as shown in Exhibit C shall remain open, but the use of gates or other
temporary barriers by the City is permitted.
6. Keep in Repair and Good Condition. The City shall maintain the
parking lot in good condition, including, but not limited to, the patching of asphalt where
needed. If the City fails to commence repairs after thirty (30) days written notice from
the Church and fails to complete the repairs within a reasonable amount of time, the
Church may, upon prior written notice, make such repair(s) and collect from the City
the value of said repairs including labor and materials. The City shall clean the parking
lot once per week and will pick up litter prior to any Church use, as described in
Paragraph 7, at the City's expense.
7. Use by the Church. The Church shall have the right to the exclusive use
of the parking lot on Sundays from 6:00 a.m. until 2:00 p.m. The Church shall have the
right to the exclusive use of the parking lot on Christmas Eve, Christmas Day, Good
Friday, Easter and Maundy Thursday from 6:00 a.m. until midnight. The Church shall
endeavor to give the City five (5) days notice in advance if the times set forth above
need to be adjusted. In addition, the Church may have exclusive use of the parking lot
for certain other church events including, but not limited to, funerals and weddings
(referred to as, "Church Events") for specific periods of time. The Church shall
3
endeavor to give the City at least forty-eight (48) hours prior notice of the other Church
Events.
8. Sianaae. The City has installed, at its own expense, decorative signage
indicating the parking lot can be used for public parking and additional signage to
indicate when the parking lot is closed and to be used for Church purposes only.
9. Termination. The City or Church may terminate this Lease upon thirty
(30) days prior written notice to the other party. Upon termination by either party, the
City shall not be obligated to pay any rent after the date of termination and any prepaid
rent shall be refunded to the City.
10. Fixtures. At the termination or expiration of this Lease (whether the Lease
is terminated by the Church or the City), the City in its sole discretion may remove the
fixtures. Fixtures are defined as gates, signage, lighting, and parking meters. If the
City and Church agree, however, that certain fixtures are to remain at the expiration or
termination of the Lease, the agreed upon value of the fixtures to be negotiated by the
parties will be paid by the Church to the City.
11. Taxes and Assessments. Each party warrants to the other that each
party is tax exempt. The City however shall pay any taxes or assessments on the
leased property including, but not limited to solid waste and stormwater that it is legally
allowed to pay by law. If the City is not allowed to pay as provided by law, the Church
will pay such taxes or assessments as it is allowed or required to pay as provided by
law. However, if the Church is required to pay ad valorem taxes, the City, at its sole
option, may terminate this Lease and receive reimbursements as provided in Paragraph
10 notwithstanding anything to the contrary set forth in Paragraph 10, or the City may
4
continue to lease the premises and pay additional rent prorated monthly in such amount
equal to the ad valorem taxes to be paid by the Church.
12. Use of Premises by the City. The City will use the leased property for
parking purposes or other community purposes.
13. Not to Assian or Sublease. Neither the City or the Church shall assign
or sublease all or part of the leased property without the prior consent of the other,
except as set forth herein, provided however, the City may license the use to others for
temporary special events and may otherwise license the premises to alleviate the
parking shortage downtown including, but not limited to, license to valet companies to
use the lot if authorized by the City. All licenses shall be made subject to the terms of
this Lease.
14. To Yield UP the Premises. The City at the termination or expiration of
this Lease will peaceably yield up the leased property which shall be in good repair,
reasonable use and wear and tear excepted.
15. Insurance/Nealiaence. The City and the Church shall be responsible
for its own negligence. The City however shall provide liability and property insurance
coverage and shall name the Church as an additional insured on such policies. The
City shall pay all premiums on such policies. The insurance shall be for the coverages
and amounts shown on Exhibit D.
16. No Waiver: No Recordina. No assent express or implied of any breach
of any covenant by the City or the Church shall be deemed a waiver of any subsequent
breach of the same or other covenants. Neither party shall record this Agreement.
5
17. Notice. Whenever notice is required hereunder, it shall be addressed as
follows until a written notice of address is given to the other party.
City of Delray Beach
David Harden
City Manager's Office
100 N.W. 1st Avenue
Delray Beach, FL 33444
First Presbyterian Church of Delray Beach
33 Gleason Street
Delray Beach, FL 33444
18. Modifications/Amendments. All amendments or modification of this
Lease shall be in writing.
29. Entire Aareement. This Agreement constitutes the complete
understanding and agreement between the parties and supercedes all prior
agreements.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
Witnesses:
FIRST PRESBYTERIAN CHURCH OF
DELRA Y BEACH
Print Name:
By:
Print name:
Title:
Print Name:
6
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
, 2006 by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
before me this _ day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
7
EXHIBIT -A"
Lot Six (6), Block -C., JOHN B. REID'S VILLAGE, Delray Beach, Florida,
according to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida in Plat Book 21,
Page 95.
~-
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Page 1 of 1
EXHIBIT "D"
Ruby, Susan
From: Babin, Frank
Sent: Thursday, May 11, 2006 10:50 AM
To: Ruby, Susan
Cc: Cox, Robin
Subject: City Use of First Presbyterian Church Parking Lot
Under a City of Delray Beach policy of commercial general liability insurance issued by Essex Insurance
Company, Policy Number 3CT0038, effective 1/30/06-07, the First Presbyterian Church at 33 Gleason Street is
included as an insured regarding the City's use of the parking lot on that premises for an occurrence limit of
$1,000,000, with a general aggregate limit of $2,000,000.
Frank Babin, Risk Manager
City of Delray Beach, 100 N.W. 1st Avenue, 33444
561-243-7150 (office)
561-243-7156 (fax)
babin@ci.delray-beach.fl.us
5/1112006
[ITY OF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVE\lUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: .'i61/24.'-70l)()' FACSIl\lILE: 5611278-4755
, III I! DATE:
DELRAY BEACH
F LOR I D ^
lI.8d
AII.America City
1993
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
May 8, 2006
TO:
City Commission
David Harden, City Manager
~ ------==:
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Purchase of Old School Square Garaae Property from the CRA
The attached contract provides for the purchase of property from the CRA that is
located at the SW corner of N.E. 1st Street and N.E. 2nd Avenue to be used for the
public parking garage that will be constructed on this site. The purchase price is
$6,000,000.00. The CRA will apply to the City, at the closing, $6,000,000.00
towards the construction of the parking garage. Therefore, as these amounts will
offset each other the City will only be responsible for the closing costs of the
property.
Our office requests that this item be placed on the May 16, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, ESD Director
Diane Colonna, CRA
of,
WU\
9r-
RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA; AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a parking garage, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency., as
Seller, for the purchase price of Six Million Dollars ($6,000,000.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
Parcel 3:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in
Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northeast corner of Lot 7, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida;
thence SOooOO'OO"W along the East Line of Lots 7, 8, and 9 for a distance of 210.03 feet; thence
N89006'47"W along a line parallel with and 210.00 feet South of as measured at right angles to
the North line of said Block 76, for a distance of 135.08 feet; thence NOooOO'OO"E along the West
line of said Lots 9, 8, and 7 for a distance of 210.03 feet to the Northwest corner of said Lot 7;
thence S 89006'47"E along the North line of said Block 76 for a distance of 135.08' to the point of
beginning.
Said lands situate within the City of Delray Beach, Florida
containing 0.65 acre more or less.
and
Parcel 4:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in
Plat Book 1, at Page 3, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northeast corner of Lot 1, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida;
thence S 00000'00" W along the East line of Lots 1, 2, and 3 for a distance of 210.03 feet; thence
N 89006'47" W along a line parallel with and 210.00 feet South of as measured at right angles to
the North line of said Block 76 for a distance of 124.92 feet; thence N OooOO'OO"E along a line
parallel with and 10.00 feet East of as measured at right angles to the West line of said Lots 3, 2,
and 1 for a distance of 210.03 feet; thence S 89006'47" E along the North line of said Lot 1 for a
distance of 124.92 feet to the point of beginning.
Said lands situate within the City of Delray Beach, Florida
Containing 0.60 acre more or less.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
,2006.
day of
MAYOR
Attest:
City Clerk
2
RESOLUTION NO. 24-06
EXHIBIT" A"
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida ("Seller"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, of 100
N.W. First Avenue, Delray Beach, Florida (Buyer), hereby agree that the Seller shall sell and Buyer shall buy
the following described Real Property and Personal Property (collectively "ProDertv") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standardls)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase
("Contract").
I. DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See Exhibit itA n
II.
PURCHASE PRICE
$6,000,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before
May 18, 2006, t his 0 f fer may b e wit h d raw n. The d ate 0 f Con t r act (" E f f e c t i v e
D at e ") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile
copy of this Contract and any signatures thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
on June 15, 2006, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility
easements of record.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of
loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _ may assign and thereby be released from
any further liability under this Contract;_may assign but not be released from liability under this Contract; or
-X- may not assign this Contract.
X. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK
HERE X
CITY OF DELRAY BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
Tax 10
By:
Tax 10 No.
SELLER:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRA Y BEACH
PROPERTY ADDRESS:
See Exhibit ~A", attached hereto
x. SPECIAL CLAUSES; ADDENDA (Continued):
A. The parties represent and warrant that there is no broker involved in this transaction to
whom a commission would be due.
B. Notwithstanding any provision of this Contract to the contrary, the Buyer agrees to pay the
closing costs relative to this transaction, excluding documentary stamps, if any.
C. The subject property is being sold in its 'as is' condition.
D. Buyer shall receive a credit at closing from Seller in the amount of $6,000,000.00, which
represents a portion of the agreed upon contribution from Seller to Buyer for the construction of a public
parking garage upon a portion of the property described in Exhibit ~A".
SELLER'S INITIALS:
BUYER'S INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing 10 issue 10 Buyer, upon recording of the deed 10
Buyer, an owner's policy of title insurance in the amount of the purchase price. insuring Buyer's title to Real Property, subject only to liens, encumbrances.
exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marl<.etable title
subject only to liens. encumbrances, exceptions or qualifications set forth in Contract, Marl<.etable tille shall be detennined according to applicable Title
Standards adopted by authority of The Rorida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if tiIle commitment, from dale of
receiving evidence of title to examine il. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarl<.etable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within flVB (5) days after
expiration of the thirty (30) day period, deliver written notice 10 Seller either (1) extending the time for a reasonable period not to exceed 120 days within which
Seller shall use diligent effort 10 remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be retumed to Buyer. If Buyer fails 10 so
notify Seller, Buyer shall be deemed to have accepted the tille as it then is. Seller shall, if tille is found unmarl<.etable, use diligent effort to correct defect(s) in
title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s),
thereby releasing Buyer and Seller from all further obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of tille, may have Real Property surveyed and certified by a registered
Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements,
lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation. the same shall constitute a tille defect.
C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as
described in Paragraph VI hereof. title to which is in accordance with Standard A.
D. LEASES: Seller shall. not less than 15 days before closing, fumish to Buyer copies of all written leases and esloppelletters from each tenant specifying the
nature and duration of the tenanfs cxx:upancy, rental rates, aclvanced rent and security deposits paid by tenant. If Seller is unable 10 obtain such letter from each
tenant, the same infonnation shall be furnished by Seller to Buyer within that time period in the fonn of a Seller's affidavit, and Buyer may thereafter contact
tenants to confinn such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. LIENS: Seller shall furnish 10 Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statements, claims of lien or potentiallienors known 10 Seller and further attesting that there have been no improvements or repairs 10 Property for 90 days
immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers, and materialmen in addition 10 Seller's lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers and materialmen and further affinning thai all charges for improvements or repairs which could serve as a basis for a
mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
F. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by
Seller.
G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend 10 5:00 p.m. of the next business day. Time is of the essence in this
Contract.
H. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or rider
10 this Contract. charges for the following related tiIle services. namely title or abstract charge, tiIIe examination. and settlement and closing fee, shall be paid by
the party responsible for furnishing the title evidence in accordance with Paragraph IV.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid
by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending
lien shall be considered as certified, confinned or ratified and Seller shall, at closing, be charged an amount equal 10 the last estimate of assessment for the
improvement by the public body.
K. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the tenns of Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the
option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and
receiving return of deposit(s).
L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished,
evidence of title shall be continued at Buyer's expense to show title in Buyer. without any encumbrances or change which would render Seller's title
unmarl<.etable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarl<.etable, through no fault of Buyer, Buyer shall, within the 5 day period, notify
Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment, Buyer shall
retum Persona My and vacate Real Property and reconvey the Property 10 Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand
for refund. Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available 10 Buyer by virtue of warranties
contained in the deed or bill of sale. If a portion of the purchase price is 10 be derived from institutional financing or refinancing, requirements of the lending
institution as 10 place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract.
Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of
any title defect allributable 10 Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters
pursuant to Section 827.7841, F.S., as amended.
M. ESCROW: Any escrow agent ("Acent") receiving funds or equivalent is authorized and agrees by acceptance of them 10 deposit them promptly, hold
same in escrow and, subject 10 clearance, disburse them in a=rdance with tenns and conditions of Contract. Failure of clearance of funds shall not excuse
Buyer's performance. If in doubt as 10 Agent's duties or liabilities under the provisions of Contract. Agent may, at Agent's option, continue 10 hold the subject
matter of the escrow until the parties hereto agree 10 its disbursement, or until a judgment of a court of competent jurisdiction shall delennine the rights of the
parties or Agent may deposit with the cieri<. of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability
on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,
Agent win comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attomeys' fees and costs incurred
with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow. unless such misdelivery is due to willful breach of
Contract or gross negligence of Agent.
N. .'l.TTORNIiY FIiIiS; COSTS: IR any lilillalien, inslusiRg breash, enforeeFReRt er iRlaFpFolatieR, arisiRll eut ef this CeRlr=ast, the 1lF9\'ailiRllllaFly iR sllsh
Iitillalien 'Nnish, for the lluFpeses af Ihis SlaRsaFEl, shall ins/use Seller, Buyer, ans any brel\or~ astiRll iR a!iloRsy er ReRa!j8RGy relalienshills authori;!9S by
Challter He, F,S.. as aFRBnsBs. sllall be entilles Ie reee"er ffoFR the RBR IlFo"ailiRllllarty reasonablB atterney's fees, sosts, ans BXIlBnses.
O. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration
for the execution of this Contract and in full selUement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at
Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the retum of
Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any publiC records. This
Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attomey for any party shall be as effective as if given by or to that party.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed, subject only to matters contained in Paragraph VI and
those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to
such matters as may be otherwise provided for herein.
R. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No
modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily
observable by Buyer or which have not been disclosed to Buyer.
EXHIBIT "A"
Parcel 3:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat Book 1,
at Page 3 of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of Lot 7, Block 76, Map of the Town of Linton, according to the Plat thereof
recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida; thence
SOooOO'OO'W along the East Line of Lots 7, 8, and 9 for a distance of 210.03 feet; thence N89006'47'W
along a line parallel with and 210.00 feet South of as measured at right angles to the North line of said
Block 76, for a distance of 135.08 feet; thence NOOOOO'OO"E along the West line of said Lots 9, 8, and 7 for
a distance of 210.03 feet to the Northwest corner of said Lot 7; thence S 89006'47"E along the North line of
said Block 76 for a distance of 135.08' to the point of beginning.
Said lands situate within the City of Oelray Beach, Florida
containing 0.65 acre more or less.
Parcel 4:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat Book 1,
at Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of Lot 1, Block 76, Map of the Town of Linton, according to the Plat thereof
recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida; thence S
00000'00" W along the East line of Lots 1,2, and 3 for a distance of 210.03 feet; thence N 89006'47" W
along a line parallel with and 210.00 feet South of as measured at right angles to the North line of said
Block 76 for a distance of 124.92 feet; thence N OOOOO'OO"E along a line parallel with and 10.00 feet East of
as measured at right angles to the West line of said Lots 3, 2, and 1 for a distance of 210.03 feet; thence S
89006'47" E along the North line of said Lot 1 for a distance of 124.92 feet to the point of beginning.
Said lands situate within the City of Oelray Beach, Florida
Containing 0.60 acre more or less.
[ITY DF DElRAY BER[H
DELRAY BEACH
~
All-America City
, III I!
1993
2001
~
>'1 1 AVE:'~UE
DELRAY BEACH. FLORIDA 33444 . 561/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: rIJ Robert A. Barcinski, Assistant City Manager
DATE: May 11,2006
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
MAY 16. 2006-SPECIAL EVENT REQUEST
ART AND JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for June 29, 2006, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LOR
Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, SE
7th A venue from Atlantic Avenue to the parking lot entrance south of Atlantic Avenue,
the alley north of Atlantic Avenue between NE 2nd Avenue and Railroad Way, Railroad
Way from Atlantic to the alley just north of Atlantic, and NE 2nd Avenue from Atlantic
Avenue to the alley, the Tennis Center parking lot, and to authorize staff support for
security and traffic control, banner hanging and removal, barricade set up and removal,
trash removal and clean up and use and set up of the small City stage.
BACKGROUND
Attached are the special event permit request, budget, site plan, and certificate of
insurance for this event received from Marjorie Ferrer. Although we are not asking to
close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW 5th
Avenue. Entertainment will be located in the library, in front of Atlantic Grove, and in
the Tennis Center parking lot as well as on the pavilion stage at Old School Square and
other locations along Atlantic A venue. The estimate of overtime cost for this event is
$8,800. Cost for barricade rental is estimated at $275. Although EMS assistance was not
requested staff is recommending it be required. Based on the event agreement, the
Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000. The
estimated charges for this event are $1,835. This event is sponsored by the Sun Sentinel.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, including barricades with payment of costs to
the city per the agreement with the Downtown Marketing Cooperative contingent upon
receipt ofthe hold harmless agreement.
RAB/tas
Attachments
File:u:sweeney/events
Doc: Agenda Item Art and Jazz June 2006
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
qG
City of Delray Beach
Special Event Permit
Application
DRKAY BEACH
t.a:d
ANnnaClly
, III I!
1993
2001
PLEASE PRINT
Event Approved/Denied
Approved/Denied by
1. Event NamelTitle: Arir +-- ~:z..t:
2. Event Date(s)~_
"7)UJ'\-L ~ T"'-/ ~C:I:i.o
Date of ApprovallDenial
Title
0(\ +~ ~\Jev\Ue.
Event Time(s):
f'o:OO - IO:O{) prvl
3.
4.
5.
6.
7.
8.
9.
City ~ Non-ProfiUCharitable 0 Private 0
10.
12.
yes .;
no
13.
v
14.
15.
16.
1
17.
18.
19.
20.
21.
22.
23.
24.
yes
no
/
/
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes no
Requesting barricade assistance : yes ../ no
Requesting trash removal/clean up assistance: Yes~ no
Requesting trash boxes and liners: yes no
Requesting stage use: yes no
(If yes, check type) /'
Large stage covered 0 Large stage no cover 0 Small stage ~alf small
stage 0 '~N' N\5 f1.E~
Requesting signage : yes no~ IA7\
Type: Event sign (4'X~. Directional signs
Banner hanging Indicate dates required \ l.l~e..e.k ~dO-('
(Waiver required if more than one (1) week prior to event) /
Food and beverage vendors: yes no _
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
25.
26.
27.
no \I:
no ~
no
28.
Health Department approval: (see attached) yes
Other vendors: -6PY'~r:> 0(\\'1' yes
Tents: yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? /
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29.
no v'
./
/'
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) /
Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) /
Will there be a charge for the event? yes no
(If yes, indicate ticket prices) /
Is reserved parking requested? yes no L
(If yes, indicate locations)
yes
30.
no
31.
no
32.
33.
34.
2
35. Nei hborhood Block Parties Nei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permittedA) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
(~
Ev nt Contractor/Coordinator
Please print: fY\
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
Application fee received $ \00. () 0
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
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C GRlNGLE. DOHERlY &.. WHEAT, INC)
REAlTORS@
"We're part of the community, not part of a chain!"
700 EAST ATLANTIC AVENUE, DELRAY BEACH, FLORIDA .3.348.3-5.328 · (561) 278-2628 (800) 446-1878 FAX (561) 278-8688
FRANKLIN D. WHEAT, CRS, OR!
Broker/Owner
WEBSITE: www.gdw.net
frankw@gdw.net
May 16, 2006
Mayor Jeff Perlman
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, FL 33483
Re: Regular Agenda 9-G, Special Event Request/Art & Jazz
Mayor Perlman:
I would like to register my dissatisfaction with the closing of 7th Avenue from Atlantic
A venue to the parking lot entrance south of Atlantic Avenue as stipulated.
I was made aware of this on May 11 th when I was told I had to move my car from the
west side of ih Avenue prior to 3 :30 P.M. as that portion of 7th Avenue was being closed
for a band that was to be placed in front of "Brisa Alantica" .
My business located at 700 East Atlantic Avenue is denied access to our private parking
area as well as the Atlantic Avenue entrance when 7th Avenue is closed. My office is
open until 5:00 P.M. This creates problems for the Realtors appointments at the office as
well as persons that must come to the office to pick up keys or other information.
I'm in favor of Art & Jazz as it is certainly a benefit in bringing people to the Atlantic
Avenue area. However, I feel that it should be contained on Atlantic Avenue and not on
side streets that create access to other businesses. It would be more beneficial if the band
were placed on Atlantic Avenue at the intersection of 7th Avenue instead of closing a Y2
block area of for the benefit of one (1) business.
I would appreciate having that portion of the Special Event Request removed from the
considered approval and endorsement.
Thank you for your consideration.
2:~~~Rl
Broker/Owner
Gringle, Doherty & Wheat, Inc., Realtors
Cc: Vice Mayor Rita Ellis, Deputy Vice Mayor Fred Fetzer, Commissioner Jon Levinson(
and Commissioner Brenda Montague
.
C!Jl1'rI!D
IlI!lIIDI!I'flW
SPECIAUST
~~49~9
Cl!BD
QIlAD(IATI!~'~
FLORIDA ReALTORS r--" ^' _
trISlTTUT'! -.:::> \ l.Q \...J'..-I.I
MEMORANDUM
To:
From:
City Commission
David T. Harden, City Manager f/!',/j
Proposed $7,000,000 Water and Sewer Bonds
Subject:
Date:
May 10, 2006
The Finance Department has provided a recommendation relative to bids received for the
proposed Series 2006 $7,000,000 Water and Sewer Bond Issue. The bonds shall be issued for
the purpose of providing tax exempt financing for (i) the cost of a new Environmental Services
Building; (ii) the City's share of the following projects at the South Central Regional Central
Wastewater Facility: the purChase and installation of a back-up redundant Centrifuge, the
construction of a Sludge Pelletization Facility, and a phased expansion of the Reclaimed Water
Treatment Facility; and (Hi) pay the costs of issuance of the Series 2006 Bonds.
The Finance Department recommends passing Resolution No. 25-06 which authorizes the
issuance of Water and Sewer Bonds in the aggregate amount of $7,000,000, and authorizes the
sale of such bonds to Branch Banking and Trust (BB& T), the low bidder. Branch Banking and
Trust offered a rate of 4.12% for a 15 year term. I concur with their recommendation.
c: R.S. O'Connor, Treasurer
com m iss06ws. doc
q\\
MEMORANDUM
To:
From: ~
Thru:
David T. Harden, City Manager
Rebecca S. O'Connor, Treasurer
Joseph M. saffoWrector of Finance
Subject:
Date:
Proposed $7,000,000 Water and Sewer Bonds
May 10, 2006
Backaround
On April 21, 2006, the Finance Department received bids for a proposed $7,000,000 Water and
Sewer 2006 Series Bonds ("2006 Series Bonds"). The 2006 Series Bonds will provide tax exempt
financing to fund (i) the cost of a new Environmental Services Building; (ii) the City's share of the
following projects at the South Central Regional Central Wastewater Facility: the purchase and
installation of a back-up redundant Centrifuge, the construction of a Sludge Pelletization Facility,
and a phase expansion of the Reclaimed Water Treatment Facility; and (iii) pay the costs of
issuance of the Series 2006 Bonds.
Terms
The term of the Series 2006 Bonds will be approximately 15 years. The City will pay interest on
the Series 2006 Bonds on October 1, 2006 and April 1, 2007 and then semi-annually on every
October 1 and April 1 thereafter. Principal will be paid annually commencing on October 1, 2007
and ending on October 1, 2021.
Bid ResDOnses
The City received responses from Bank Atlantic, Bank of America, Branch Banking and Trust
(BB&T), SunTrust, and Wachovia. The following is a tabulation of the bids.
Financial Institution Rate With Penalty Miscellaneous
Lanauaae Fees
Bank Atlantic 5.060% $40,000
Bank of America 4.170% 2,500
Branch Bankina & Trust 4.120% 3,700
SunTrust Bank 4.147% 3,500
Wachovia 4.328% 2.500
Recommendation
We recommend the offer submitted by Branch Banking and Trust, the lowest bidder. Attached is a
draft Resolution No. 25-06 provided by Steve Sanford of Greenberg Traurig, the City's Bond
Counsel, which authorizes the issuance of Water and Sewer Bonds in the aggregate amount of
$7,000,000 and authorizes the sale of such bonds to Branch Banking and Trust (BB&T) at a rate
of 4.12% for a term of 15 years.
File: rfpJwscm.doc
RESOLUTION NO. R-25-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-
88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF
AUTHORIZING A NINTH SERIES OF WATER AND SEWER REVENUE
BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS,
SERIES 2006 (THE "BONDS"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF $7,000,000 FOR THE PURPOSE OF FINANCING
CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE
CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS
OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE
BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF
SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE
EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT
TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH
BANKING AND TRUST COMPANY; INCORPORATING BY
REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO.
39-88, AS AMENDED AND SUPPLEMENTED; DESIGNATING THE
BONDS AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE
MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF
THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND
DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, a municipal corporation of the State of
Florida (the "City"), presently owns and operates its own potable water and sanitary sewer
system (herein, the "Combined Public Utility"); and
WHEREAS, the City Commission of the City of Delray Beach, Florida (the
"Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and
supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and
Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and
WHEREAS, the Commission did, on June 28, 1988, adopt Resolution No. 36-88, which
was amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as
further amended and supplemented (collectively, the "1988 Resolution"), authorizing the
WPB-FSI\SANFORDS\S1895:1v09\Sll 1/06\16187.01 1600
Res. No. R-25-06
issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988 (the "1988
Bonds"), to refund the City's 1984 Bonds; and
WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the aggregate
principal amount of $25, 135,000; and
WHEREAS, the 1988 Resolution authorizes in Section 4.G of Article III thereof, of
Part I, the issuance of water and sewer revenue bonds payable on a parity with the 1988 Bonds
issued pursuant to the 1988 Resolution, on the terms and conditions therein contained; and
WHEREAS, the Commission did, on April 24, 1990, adopt Resolution No. 46-90, as
amended and supplemented, which authorized the issuance of $8,000,000 Water and Sewer
Revenue Bonds, Series 1991 A (the "1991 A Bonds") of the City for the purpose of financing
certain additions, extensions and improvements to the City's Combined Public Utility; and
WHEREAS, the Commission did, on October 23, 1990, adopt Resolution No. 104-90, as
amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water
and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds") of the City for the purpose of
financing certain additions, extensions and improvements to the City's Combined Public Utility;
and
WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds
in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and
WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 50-93, which
authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue
Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a portion of
the 1988 Bonds and the 1991 A Bonds; and
WPB-FSlISANFORDS\S789S2v091Sl1 1106\16781,01 1600
2
Res. No. R-25-06
WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 51-93, which
authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series
1993 B (the "1993 B Bonds") for the purpose of financing certain additions, extensions and
improvements to the City's Combined Public Utility; and
WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds
in the aggregate principal amounts of$21,238,997.35 and $6,865,477.25, respectively; and
WHEREAS, the Commission did, on August 19, 1997, adopt Resolution No. 58-97, as
amended and supplemented, authorizing the issuance of its Water and Sewer Revenue Refunding
Bonds, Series 1997 A (the "1997 Bonds"), in the aggregate principal amount of not exceeding
$17,000,000 to advance refund the outstanding 1991 B Bonds; and
WHEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate
principal amount of $15,030,000; and
WHEREAS, the Commission did, on June 8, 1999, adopt Resolution No. 33-99,
authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer
Bonds, Subordinate Series 1999 (the "1999 Bonds"); and
WHEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate
principal amount of $3,500,000; and
WHEREAS the Commission did on June 17, 2003, adopt Resolution No. 34-03 and
Resolution No. 34-05, authorizing the issuance of not to exceed $13,500,000 in principal amount
of Water and Sewer Revenue Refunding Bonds, Series 2003 (the "2003 Bonds") to pay and
defease all or a portion of the 1993 A Bonds, the 1993 B Bonds and the 1999 Bonds; and
WHEREAS, the City did, on July 9, 2003, issue its 2003 Bonds in the aggregate
principal amount of$11,670,000; and
WPB-FSI\SANFORDS\S789S2v09\S111106\16787.OJ 1600
3
Res. No. R-25-06
WHEREAS, on the date hereof there remains Outstanding the 1997 Bonds, the 1993 B
Bonds and the 2003 Bonds (collectively, the "Prior Bonds").
WHEREAS, any capitalized terms used in this Resolution and not otherwise defined,
shall have the meaning ascribed to such term in the 1988 Resolution; and
WHEREAS, the Commission hereby deems it necessary for the City to issue a ninth
series of Water and Sewer Revenue Bonds, pursuant to the terms and provisions of the 1988
Resolution and this Resolution to finance all or a portion of the 2006 Project (as herein defined)
which Water and Sewer Revenue Bonds shall be designated "City of Delray Beach, Florida,
Water and Sewer Revenue Bonds, Series 2006" (herein, the "Bonds") and such Bonds shall be
issued in the aggregate principal amount of SEVEN MILLION DOLLARS ($7,000,000); and
WHEREAS, except for any Bond Insurance and/or Reserve Account Credit Facility
Substitutes applicable to the Prior Bonds, the Bonds shall be on parity with the Prior Bonds as to
lien on, and source and security for payment from, the Net Revenues derived from the operation
of the Combined Public Utility and in all other respects, except as provided herein or in the
Bonds; and
WHEREAS, the City staff has previously solicited bids from lending institutions to
provide, through the purchase of the Bonds, financing for the 2006 Project; and
WHEREAS, City staff has determined and the City Commission hereby concurs that
Branch Banking and Trust Company, a banking organization organized under the laws of the
State of North Carolina (herein, the "Bank") has provided the best overall bid to the City; and
WHEREAS, the City Commission hereby finds that in light of present market
conditions, the aforementioned bid provided by the Bank, the necessity for the funds in calendar
year 2006, and other factors described herein, it would be in the best interest of the City to sell
WPB-FS1\SANFORDS\S78952v09'1S1I1106\16717.011600
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Res. No. R-25-06
the Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the 1988
Resolution, this Resolution and that certain Bond Purchase Agreement dated the date of delivery
of the Bonds (herein, the "Agreement") by and between the City and the Bank in substantially
the form attached hereto as Exhibit A; and
WHEREAS, the City does not expect to issue more than $10,000,000 of its tax-exempt
obligations in calendar year 2006, and based upon the advice of its Bond Counsel, the City
Commission shall designate the Bonds as "qualified tax-exempt obligations" within the meaning
of Section 265(b) of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
SECTION 1: AUTHORITY OF TmS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the 1988 Resolution, the City Charter of the City, as amended and
supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions oflaw.
SECTION 2: FINDINGS. It is hereby ascertained, determined and declared:
A. That all terms not otherwise defined in the recitals set forth above, in this
Section 2 or in Section 3 hereof shall have the meaning ascribed to such terms in Part I, Section 2
of Article 1 of the 1988 Resolution.
B. That the City now owns, operates and maintains a combined water system
and sewer system for the supply and distribution of water to the inhabitants and customers of the
City and for the collection, treatment and disposal of sewage in said City (the "Combined Public
Utility") and owns a one-half (112) undivided interest in a treatment and disposal system
WPB-FSIISANFORDS\S789S:h09\SI111ll6\16787.011600
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Res. No. R-25-06
operated by the South Central Regional Wastewater Treatment and Disposal Board; and that the
City derives revenues from the operation of said Combined Public Utility.
C. That the revenues of the Combined Public Utility are not pledged or
encumbered in any manner, except for the Outstanding Prior Bonds issued pursuant to
Resolution No. 36-88, adopted on June 28, 1988, as amended, supplemented and restated by
Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented
(collectively, the "1988 Resolution").
D. That the 1988 Resolution in Section 4.G of Article III of Part I provides
for the issuance of Pari passu additional bonds, under the terms, conditions and limitations
provided therein.
E. That the City is authorized to issue the Bonds as pari passu additional
bonds within the terms, conditions and limitations provided in Section 4.G of Article III, Part I,
of the 1988 Resolution.
F. That the proceeds derived from the sale of the Bonds shall be used to
finance all or a portion of the 2006 Project.
G. That the estimated Revenues to be derived in each year hereafter from the
operation of the Combined Public Utility will be sufficient at all times to pay all the costs of
operation and maintenance of the Combined Public Utility and the principal of and interest on
the Prior Bonds and the Bonds authorized pursuant to the 1988 Resolution and this Resolution,
as the same become due and payable, and all sinking fund, reserve, if any, and other payments
provided for in the 1988 Resolution and in this Resolution in accordance with the requirements
of the 1988 Resolution and this Resolution.
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Res. No. R-25-06
H. That the principal of and interest on the Bonds and all of the sinking fund
and other payments provided for in the 1988 Resolution and this Resolution will be paid from the
Net Revenues derived from the operation of the Combined Public Utility in the manner provided
therein and herein, on a parity with the Prior Bonds; and the ad valorem taxing power of the City
will never be necessary or authorized to pay the principal of and interest on the Bonds to be
issued pursuant to this Resolution, or to make any of the sinking fund or other payments
provided for in the 1988 Resolution and this Resolution, and the Bonds issued pursuant to this
Resolution shall not constitute a lien upon the Combined Public Utility or upon any other
property whatsoever of or in the City but shall be payable solely from the Net Revenues derived
from the operation of the Combined Public Utility in the manner provided herein.
I. That it is necessary and in the best eConomic interest of the City to
acquire, construct and implement the 2006 Project in order to improve and enhance the City's
Combined Public Utility and the services so provided by such Combined Public Utility.
J. That the 2006 Project will serve a valid municipal purpose.
K. That the cost of financing the 2006 Project shall be deemed to include, but
not be limited to, the cost of acquisition, construction, improving, installing, renovating and
equipping all or a portion of the 2006 Project, the cost of all real or personal property necessary
therefor; administrative expenses; design, engineering and legal expenses; the fees and expenses
of Bond Counsel; the fees and reasonable expenses of counsel for the Bank; expenses for
estimates of costs; expenses for plans, specifications, licenses and permits; and such other
expenses as may be necessary or incidental to the financing of the 2006 Project and the issuance
of the Bonds herein authorized.
WPB-FSlISANFORDS\S789S2v09\S11 1/06\16181,01 1600
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Res. No. R-25-06
L. That the City, having previously solicited bids for the sale of the Bonds,
has determined that the best qualified bid for the Bonds was delivered by the Bank.
M. That the negotiated sale of the Bonds to the Bank is in the best interest of
the City by reason of the nature of and schedule for the completion of the financing of the 2006
Project, the aforementioned solicitation of bids, and present market conditions.
N. That the Agreement, in the form attached hereto as Exhibit A, is hereby
approved, with such omissions, insertions and variations as may be necessary and desirable, as
evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and
City Clerk are hereby authorized to execute the same on behalf of the City.
O. That pursuant to the provisions of the 1988 Resolution and this
Resolution, the City may issue obligations in the future on parity with the Bonds and the Prior
Bonds secured by the Net Revenues.
P. The City hereby designates the Bonds to be qualified "tax-exempt
obligations" within the meaning of Section 265(b) of the Code.
SECTION 3: DEFINITIONS. That, in addition to terms defined elsewhere in this
Resolution, the following terms shall have the following meanings unless the context otherwise
clearly requires:
"Bond COWlSel" shall mean Greenberg Traurig, P .A. or any other firm of nationally
recognized bond counsel selected by the City and acceptable to the Bank.
"Business Day" shall mean any day other than a Saturday or Sunday, or a day on which
the Bank is closed.
WPB-FSI\SANFORDS\S78952v09\S/l 1106\16787.01 1600
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Res. No. R-25-06
"Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable
Treasury Regulations promulgated thereunder and any administrative or judicial interpretations
of the same published in a form on which the City may rely as a matter oflaw.
"Determination of Taxability" shall mean the circumstance of interest paid or payable on
the Bonds becoming includable for federal income tax purposes in the gross income of the
Bondholder. A Determination of Taxability will be deemed to have occurred upon (i) the receipt
by the City or Bondholder of an original or a copy of an Internal Revenue Service Technical
Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on
the Bonds is includable in the gross income of the Bondholder for federal income tax purposes;
(ii) the issuance of any public or private ruling of the Internal Revenue Service that any interest
payable on the Bonds is includable in the gross income of the Bondholder for federal income tax
purposes; or (iii) receipt by the City or Bondholder of an opinion of a Bond Counsel that any
interest on the Bonds has become includable in the gross income of the Bondholder for federal
income tax purposes. For all purposes of this definition, a Determination of Taxability will be
deemed to occur on the date as of which the interest on the Bonds is first deemed includable in
the gross income of the Bondholder for federal income tax purposes.
"Interest Rate" shall mean with respect to the Bonds, unless the Bonds are no longer a
"qualified tax-exempt obligation" within the meaning of Section 265(b) of the Code and the
Interest Rate is adjusted pursuant to Section 8 hereof, a fixed rate of interest on the Bonds which,
shall be equal to 4.12 percent per annum (4.12%). The Interest Rate shall be calculated on the
basis of a 360 day year of twelve thirty-day months.
"Maturity Date" shall mean, with respect to the unpaid principal of and interest on the
Bonds, October 1, 2021.
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"Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank
or, subject to the provisions of Section 10 hereof, any successor registered holder of the Bonds;
provided no Bondholder may be the registered owner of less than $1,000,000 in the aggregate
principal amount of the Bonds or all Bonds if less than $1,000,000 remains outstanding.
"Paying Agent" shall mean the City's Finance Department or, if the City Commission
shall so determine by subsequent proceeding, any bank or trust company and any successor bank
or trust company appointed by the City to act as Paying Agent hereunder.
"Payment Date" shall mean, with respect to interest on the Bonds, each April 1 and
October 1, commencing October 1, 2006, and with respect to scheduled principal on the Bonds,
on each October 1, commencing October 1, 2007 in the principal amounts set forth in Section 7
hereof, and, prior to the Maturity Date, on any date the principal of the Bonds is optionally
prepaid in whole or in part, provided that if such date is not a Business Day, the payment shall be
made on the next succeeding Business Day and interest shall continue to accrue until the
payment is received by the Owner.
"Registrar" shall mean the City's Finance Department or, if the City Commission shall so
determine by subsequent proceeding, any bank or trust company and any successor bank or trust
company appointed by the City to act as Registrar hereunder.
"Resolution" shall mean this Resolution as the same may from time to time be amended
and supplemented in accordance with the terms hereof.
"Taxable Rate" shall mean the Interest Rate times 1.5234.
"2006 Project" shall mean, unless determined otherwise by subsequent proceedings of the
Commission, an environmental services building; and the City's share of the acquisition and
installation costs of a back-up redundant centrifuge, the construction of a sludge pelletization
WPB-FS IISANFORD!N789S2v091S/III06\16787.011600
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Res. No. R-25-06
facility, and the phased expansion of the South Center Regional Wastewater Treatment Facility
and all related and incidental costs.
Words importing singular number shall include the plural number and vice versa, as the
case may be, and words importing persons shall include firms and corporations.
SECTION 4: AUTHORIZATION OF BONDS. Subject and pursuant to the
provisions of this Resolution and the 1988 Resolution, obligations of the City of Delray Beach,
Florida, to be known as "Water and Sewer Revenue Bonds, Series 2006" (herein the "Bonds")
are hereby authorized to be issued in the aggregate principal amount of Seven Million Dollars
($7,000,000) for the purpose offinancing all or a portion of the costs of the 2006 Project.
SECTION 5: INCORPORATION BY REFERENCE. Unless otherwise provided
herein, all the terms and provisions of the 1988 Resolution shall, by this reference, be
incorporated herein as though fully set forth in this Resolution.
SECTION 6: 1988 RESOLUTION AND TInS RESOLUTION CONSTITUTES
CONTRACT. In consideration of the acceptance of the Bonds authorized to be issued
hereunder by those who shall hold the same from time to time, this 1988 Resolution and the
Resolution shall be deemed to be and shall constitute a contract between the City and such
Owners, including the Bank, and the covenants and agreements herein set forth to be performed
by said City shall be for the equal benefit, protection and security of the Owners of any and all of
such Bonds, including the Bank, all of which shall be of equal rank and without preference,
priority, or distinction of any of the Bonds over any other thereof, except as expressly provided
therein and herein.
SECTION 7: DESCRIPTION OF Bonds. Notwithstanding the form of Bonds set
forth in the 1988 Resolution, the text of the Bonds shall be substantially in the form attached
WPB-FSl\SANFOIlDSI5789S2vO\l\S/1 1106\16787.01 1600
11
Res. No. R-25-06
hereto as Exhibit B with such omissions, insertions and variations as may be necessary and
desirable, as evidenced by the City's execution thereof.
The Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of
initial issuance. The Bonds shall be issued in registered form designating the Bank or its
designee as the registered owner. Unless the interest rate on the Bonds is adjusted in accordance
with Section 8 hereof, the Bonds shall bear interest on the outstanding principal amount of the
Bonds from time to time at the Interest Rate and shall be payable on each Payment Date,
commencing October I, 2006. Unless all or a portion of the Bonds is optionally or mandatorily
redeemed in accordance with the terms of this Resolution, the outstanding principal of the Bonds
shall be payable on each October 1 in the years and amounts set forth below:
Date
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021.
Total
Principal Amount
$110,000
120,000
440,000
460,000
440,000
460,000
480,000
500,000
500,000
520,000
540,000
570,000
590,000
620,000
650.000
$7,000,000.00
..
Final maturity
WPB-FSIISANFORDS\S71l9S2v09'.S/11106\16787,OII600
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Res. No. R-25-06
Principal and interest on the Bonds shall be payable by the Paying Agent to the Owner by
wire transfer in accordance with written instructions provided to the City by the Owner. The
Bonds shall be numbered in such manner as may be prescribed by the Registrar.
SECTIONS: ADJUSTMENT TO INTEREST RATE. Upon a Determination of
Taxability the interest rate on the Bonds shall be converted to the Taxable Rate. In addition, as
provided below, the Interest Rate on the Bonds will be adjusted if the Bonds are not a "qualified
tax-exempt obligation" within the meaning of Section 265(b) of the Code on the date of delivery
of the Bonds, or if the Bonds at any time subsequent to delivery of the Bonds no longer qualify
as a "qualified tax-exempt obligation."
The Interest Rate on the Bonds will be adjusted retroactively to the date of delivery, or as
of such subsequent date, as the case may be, so that the adjusted Interest Rate on the Bonds is
equal to the equivalent yield to the Bank had the Bonds remained a "qualified tax-exempt
obligation" within the meaning of Section 265(b) of the Code. The Bank shall determine such
rate adjustment and communicate the same in writing to the City together with supporting
documentation which shall become the new Interest Rate absent manifest error.
SECTION 9: EXECUTION OF THE BONDS. The Bonds shall be executed in the
name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal
shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The
signatures of the Mayor or Vice Mayor of the City and City Clerk on the Bonds may be manual
or facsimile signatures. In case anyone or more of the officers who shall have signed or sealed
the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall
have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as
herein provided and may be issued as if the person who signed or sealed such Bonds had not
WPB-PSI\SANFOJIDSI5789S2v091S/l 1106\16787.01 1600
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Res. No. R-25-06
ceased to hold such office. The Bonds may be signed and sealed on behalf of the City by such
person who at the actual time of the execution of the Bonds shall hold the proper office, although
at the date the Bonds shall be actually delivered such person may not have held such office or
may not have been so authorized.
The Bonds shall bear thereon a certificate of authentication, in the form set forth on
Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance
Department shall act as Registrar, the certificate of authentication shall be manually executed by
the City's Finance Director). Only the Bonds as shall bear thereon such certificate of
authentication shall be entitled to any right or benefit under this Resolution and no Bonds shall
be valid or obligatory for any purpose until such certificate of authentication shall have been
duly executed by the Registrar. The certificate of authentication of the Registrar upon the Bonds
executed on behalf of the City shall be conclusive evidence that the Bonds so authenticated have
been duly authenticated and delivered under this Resolution and that the Owner thereof is
entitled to the benefits of this Resolution.
SECTION 10: NEGOTIABILITY, REGISTRATION AND
CANCELLATION. The Registrar shall keep books for the registration of the Bonds and for the
registration of transfers of the Bonds. The Bonds shall be transferable at the option of the
registered Owner thereof to an institutional holder, but subject to the prior written approval of the
City's Director of Finance (which shall not be unreasonably withheld if the intended transferee
provides a suitability letter addressed to the City as to the sophistication of the investor) unless
such institutional holder is a bank or trust company, or unless such institutional holder, which is
not a bank or trust company, certifies in writing to the City prior to the transfer that it is an
accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended
WPB-FSlISANFORDS\S789S2.o9\S/llI06\16717,OI1600
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Res. No. R-25-06
and supplemented, in which case such approval shall not be required, and upon surrender thereof
at the office of the Registrar (the designated corporate trust office of the Registrar if the City's
Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the
transfer of such Bond, the City shall issue in the name of the transferee a new Bond.
The City, the Paying Agent and the Registrar shall deem and treat the person in whose
name the Bonds shall be registered upon the books kept by the Registrar as the absolute Owner
of such Bonds, whether such Bonds shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on such Bonds as the same become
due and for all other purposes. All such payments so made to any such Owner or upon hislher
order shall be valid and effectual to satisfy and discharge the liability upon such Bonds to the
extent of the sum or sums so paid, and neither the City, the Paying Agent nor the Registrar shall
be affected by any notice to the contrary.
In all cases in which the privilege of transferring the Bonds is exercised, the City shall
execute and the Registrar shall authenticate and deliver the Bonds in accordance with the
provisions of this Resolution. The Bonds surrendered in any such transfers shall forthwith be
delivered to the Registrar and canceled by the Registrar in the manner provided in this Section.
The City or the Registrar (if not the City's Finance Department) may require the payment of a
sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect
to such transfer.
The Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to
the Registrar within a reasonable period of time after the payment or redemption is made, and
such Bonds shall thereupon be canceled upon written acknowledgement from the Owner that the
WPB-FS I\SANFORDS\S78952v091SIlII06\16787,OII600
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Res. No. R-25-06
Bonds have been paid in whole. The Bonds so canceled may at any time be destroyed by the
Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its
authorized officers describing the Bonds, and one executed certificate shall be filed with the City
and the other executed certificate shall be retained by the Registrar (if not the City's Finance
Department).
SECTION 11: MUTILATED, DESTROYED, STOLEN OR LOST Bonds. In
case any Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the
Registrar shall authenticate and deliver a new Bond of like date, maturity and denomination as
the Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond,
such mutilated Bond shall :first be surrendered to the City and, in the case of any lost, stolen or
destroyed Bond, there shall first be furnished to the City and the Registrar (if not the City's
Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the
Registrar, together with indemnity satisfactory to them. In the event the Bonds shall be about to
mature or have matured, instead of issuing a duplicate Bond, the City may pay the same without
surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge
the Owner of such Bond their reasonable fees and expenses in connection with this transaction.
Any Bonds surrendered for replacement shall be canceled in the same manner as provided in
Section 10 hereof.
Any such duplicate Bond issued pursuant to this Section shall constitute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bond
be at any time found by anyone, and such duplicate Bonds shall be entitled to equal
proportionate benefits and rights as to lien on the source and security for payment from Net
Revenues with the Bonds issued hereunder.
WPB-FSI\SANFORDS\S789S2v091SJI lJ06\I6787.01 1600
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Res. No. R-25-06
SECTION 12:
CONDITIONS FOR ISSUANCE OF THE BONDS. Prior to
the issuance of the Bonds, the City shall comply with the following conditions:
(a) Deliver to the Bank a fully executed arbitrage tax certificate; and
(b) Deliver to the Bank a copy ofa completed and executed Form 8038-0 to be filed
by the City with the Internal Revenue Service; and
(c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank,
regarding the due authorizatio~ executio~ delivery, validity and enforceability of the Bonds and
the due adoption of this Resolution (enforceability of such instrument may be subject to standard
bankruptcy exceptions and the like) and the exclusion of interest on the Bonds from gross
income for federal income tax purposes, that the Bonds are not specified ''private activity bonds"
within the meaning of Section 57(aX5) of the Code and, therefore, the interest on the Bonds will
not be treated as a preference item for purposes of computing the alternative minimum tax
imposed by Section 55 of the Code (however, a portion of the interest on the Bonds owned by
corporations may be subject to the federal alternative minimum tax which is based in part on
adjusted current earnings). Such opinion shall also state that the Bonds are "qualified tax-
exempt obligations" within the meaning of Section 265(b) of the Code; and
(d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the Bonds, the
Agreement and the due adoption of this Resolution and the 1988 Resolution (enforceability may
be subject to standard bankruptcy exceptions and the like); and
(e) Deliver to the Bank one or more certificates of the City in form satisfactory to the
Bank certifying, among other things, that the City is in compliance with the term of the 1988
Resolution.
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Res. No. R-25-06
SECTION 13: COVENANTS OF THE CITY. The City hereby covenants to
comply with the terms and provisions of Part I, Section 4.G of Article III, of the 1988
Resolution, as certified by the City in writing and delivered to the Bank prior to the issuance of
the Bonds. In addition, the City reaffirms and acknowledges that all of the covenants set forth in
the 1988 Resolution applicable thereto, apply to the Bonds authorized to be issued pursuant to
this Resolution, except those relating to a debt service reserve account, Bond Insurance and any
Reserve Account Credit Facility Substitute.
The Combined Public Utility Revenue Fund, the Water and Sewer Sinking Fund, the
Water and Sewer System Renewal, Replacement and Improvement Fund and the Pledged Impact
Fund, all created and established under the 1988 Resolution, and the separate accounts therein
shall be continued and maintained as provided in the 1988 Resolution as long as any of the
Bonds, issued pursuant to the terms and provisions of the 1988 Resolution and this Resolution
are Outstanding; and the payments required to be made from the Revenue Fund into the Interest
Account, Principal Account, and Bond Redemption Account, shall be adjusted so as to provide
the amounts necessary to pay the principal of and interest on the Bonds issued pursuant to this
Resolution, in the amounts, at the times and in the manner provided in the 1988 Resolution and
this Resolution.
The City will continue to pay into the Water and Sewer System Renewal, Replacement
and Improvement Fund and Pledged Impact Charge Fund, if applicable, from the Revenue Fund
as long as any of the Bonds issued pursuant to the terms and provisions of this Resolution and
the 1988 Resolution, or interest thereon, are Outstanding and unpaid, the amounts required to be
deposited therein pursuant to, and in the manner provided in the 1988 Resolution and the moneys
in the Pledge Impact Charge Fund, if any, and the Water and Sewer System Renewal,
WPB-FSl\SANFORDS\S789S2.o9\SlIlf06\I6787,OII600
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Res. No. R-25-06
Replacement and Improvement Fund shall be used only for the purposes provided for in the 1988
Resolution for such funds.
SECTION 14: APPLICATION OF BOND PROCEEDS. All moneys received
by the City from the sale of the Bonds originally authorized and issued pursuant to the 1988
Resolution and this Resolution, shall be disbursed as follows:
A. $3,700 shall be paid to the Bank's counsel, unless such amount has been
netted from the proceeds of the Bonds.
B. The balance of the proceeds derived from the sale of the Bonds shall be
applied by the City to pay any other costs of issuing the Bonds and to ftnance of all or a portion
of the 2006 Project.
SECTION 15: REDEMPTION PROVISIONS. The Bonds are subject to
optional redemption in whole or in part at any time at a redemption price equal to 101 % of the
principal amount of Bonds to be optionally redeemed plus accrued interest to the applicable
redemption date.
Such optional redemption shall be accomplished by paying to the registered holder all or
part of the principal amount of the Bonds, the redemption premium of one percent (1.00%) on
such principal amount to be redeemed, together with the unpaid interest accrued on the amount
of principal so prepaid to the date of such redemption. Each prepayment shall be made on such
date and in such principal amount as shall be specifted by the City in a written notice delivered to
the registered owner not less than two (2) Business Days prior thereto. Notice having been given
as aforesaid, the principal amount stated in such notice, together with the redemption premium
and accrued interest, or the whole thereof, together with the redemption premium and accrued
interest, as the case may be, shall become due and payable on the prepayment date stated in such
WPB-FSl\SANFORDS\S78952v09\SI11106\16787,OII600
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Res. No. R-25-06
notice; and the amount of principal, together with the redemption premium and accrued interest,
shall be paid (i) in case the entire unpaid balance of the principal of the Bonds is to be paid, upon
presentation and surrender of the Bonds to the office of the Paying Agent (the designated
corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case
only part of the unpaid balance of principal of the Bonds is to be paid, upon presentation of such
Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying
Agent is not the City's Finance Department) for notation thereon of the amount of principal then
paid or for issuance of a replacement Bond in the principal amount not redeemed.
Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name
of the Bank, a partial prepayment may be effected by payment to the Bank of the principal,
together with the redemption premium and unpaid interest accrued thereon, without surrender of
the Bonds. If, on the optional redemption date, funds for the payment of the principal amount to
be prepaid, the redemption premium of one percent (1.00%) on such principal amount and
redemption premium together with unpaid interest accrued thereon, shall not have been provided
to the Paying Agent, as above provided, the principal amount of the Bonds shall continue to be
Outstanding and to bear interest until payment thereof at the Interest Rate.
Any partial redemption shall be applied to the installments of principal on the
Bonds in the inverse order of scheduled payment and shall not postpone the due dates of, or
relieve the City, from paying the adjusted amounts of, any scheduled installment payments due
hereunder
SECTION 16: FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR
ACTS. That the Mayor, the Vice Mayor, the City Manager, the Finance Director, the Treasurer,
the City Clerk, the City Attorney and any other authorized official of the City, be and each of
WPB-FSI\SANFORDS\S78952v09\S1II106\16787,011600
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Res. No. R-25-06
them is hereby authorized and directed to execute and deliver any and all documents and
instruments, and to do and cause to be done any and all acts and things necessary or proper for
carrying out the transactions contemplated by this Resolution. All actions heretofore taken and
documents prepared or executed by or on behalf of the City by any of its authorized officers, in
connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved
and adopted.
SECTION 17: SEVERABILITY OF INVALID PROVISIONS. If anyone or more
of the covenants, agreements or provisions of this Resolution should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separate from the
remaining covenants, agreements or provisions, and shall in no way affect the validity of any of
the other provisions of this Resolution or of the Bonds.
SECTION 18: REPEALER. That all resolutions or proceedings, or parts thereof, in
conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed.
SECTION 19: EFFECTIVE DATE. That this Resolution shall take effect
immediately upon its passage.
WPB-FS]\SANFORDS\S78952v09\SJ] ]106\]6787,01]600
21
Res. No. R-25-06
PASSED AND ADOPTED in regular session on this the 16th day of May, 2006.
Attest:
City Clerk
The foregoing Resolution is hereby
approved by me as to form, language and
execution this 16th day of May, 2006.
By:
City Attorney
WPB-FSI\SANFORDS\578952v09\S/1 1/06\16787,01 1600
CITY OF DELRA Y BEACH, FLORIDA
By:
Mayor
Date of Adoption:
22
May 16. 2006
Res. No. R-25-06
EXlDBIT A
BOND PURCHASE AGREEMENT
TIDS BOND PURCHASE AGREEMENT (the "Agreement") dated May _, 2006,
by and between Branch Banking and Trust Company, a banking corporation organized under the
laws of the State of North Carolina (herein the "Bank") and the City of Delray Beach, Florida, a
municipal corporation of the State of Florida (together with its successors and assigns, the
"City").
lY! T N E ~ ~ E T B:
WHEREAS, pmsuant to the Act, as such term is defined in Resolution No. 36-88, as
amended and supplemented by Resolution No. 39-88, as further amended and supplemented
(collectively, the "1988 Resolution"), adopted by the City Commission of the City (the
"Commission") on June 28, 1988 and July 12, 1988, respectively, and pmsuant to Resolution
No. R-25-06, adopted by the Commission on May 16,2006 (herein, the "2006 Resolutions" and
together with the 1988 Resolution, the "Resolution") the City authorized the issuance of not to
exceed $7,000,000 in aggregate principal amount of City of Delray Beach, Florida Water and
Sewer Revenue Bonds, Series 2006 (the "Bonds"); and
WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall
have the meaning ascribed to such term in the Resolutions; and
WHEREAS, the Bank has reviewed the Resolutions and hereby finds the terms
acceptable; and
WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Resolutions
and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms
of this Agreement and the terms and provisions of the Resolution, agreed to purchase, all but not
less than all, of the Bonds; and
WHEREAS, the City and the Bank have heretofore negotiated the terms of the Bonds
and the Resolution and by execution of this Agreement each will have confirmed that such are
acceptable.
NOW THEREFORE, the City and the Bank hereby agree as follows:
1. Purchase and Sale. Upon the terms and conditions set forth herein and in the
Bonds and the Resolutions and upon the representations and warranties of the City set forth in
the Resolutions, the arbitrage tax certificate and other closing certificates, the City agrees to sell
on this date the Bonds on a negotiated basis to the Bank and the Bank agrees on this date to
purchase, with immediately available funds, all but not less than all, of the Bonds. The purchase
price for the Bonds shall be $7,000,000, which purchase price is equal to the principal amount of
the Bonds. Since the dated date of the Bonds is the date hereof, there will be no accrued interest
as part of the purchase price.
WPB-FSlISANFOROS\S78952v09\5/1 1106\16787,01 1600
A-I
Res. No. R-25-06
2. Private Placement Negotiated Sale. The Bank hereby acknowledges that the
purchase of the Bonds from the City was on a negotiated private placement basis and that there
has been no offering document prepared by the City in connection with such sale.
3. Conditions for Purchase. The Bank's agreement to purchase the Bonds on this
date is subject to the satisfaction of the conditions set forth in Section 12 of the 2006 Resolution.
The Bank's purchase of the Bonds will constitute full evidence that such conditions have been
satisfied or waived.
4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the
Bank has provided the City with the disclosure and truth-in-bonding statements required by and
in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The
above-referenced statements are attached to this Agreement as Schedule A.
5. Expenses. As between the City and the Bank, the Bank shall not be liable for any
expenses incurred by the City in connection with the issuance of the Bonds. The Bank
represents to the City that it has not employed or used the services of any attorney or other
professional in connection with the Bank's negotiations with the City and its purchase of the
Bonds other than Moyle, Flanigan, Katz, Raymond, White and Krasker, P.A., which fee, in the
amount of $3,700 shall be paid by the City.
6. Effectiveness. This Agreement shall become effective upon the execution by the
appropriate officials of the City and the Bank.
7. Headings. The headings set forth in this Agreement are inserted for convenience
only and shall not be deemed to be a part hereof.
8. Amendment. No modification, alteration or amendment to this Agreement shall
be binding upon any party until such modification, alternation or amendment is reduced to
writing and executed by all parties hereto.
9. Governing Law. The laws of the State of Florida shall govern this Agreement.
10. Counterparts. This Agreement may be signed in any number of counterparts with
the same effect as if the signatures thereto and hereto were signatories upon the same instrument.
IN WITNESS WHEREOF, the City and the Bank has caused this Agreement to be
executed by its respective duly authorized officers all as of the date hereof.
BRANCH BANKING AND TRUST
COMPANY
By:
Title:
(SEAL)
Date: May --:> 2006
WPB-FSI\SANFORDS\S78952v09\5/1 1!O6\167117.01 1600
A-2
Res. No. R-25-06
(SEAL)
WPB-FS1\SANFORDSI578952v09\5/11106\16787,QJ 1600
CITY OF DELRA Y BEACH, FLORIDA
By:
Title:
A-3
Date: May _, 2006
Res. No. R-25-06
Schedule A
May _, 2006
City Commission
City of Delray Beach, Florida
Delray Beach, Florida 33444
Re:
$7,000,000
City of Delray Beach, Florida
Water and Sewer Revenue Bonds
Series 2006
To The Honorable Mayor and Commissioners:
This letter shall serve as the disclosure statements and truth-in-bonding statement
pursuant to Section 218.385, Florida Statutes, in connection with the award of the
above-referenced bonds (the "2006 Bonds") to Branch Banking and Trust Company (the
"Purchaser"). We represent to you as follows:
1. No management fee will be charged by the Purchaser.
2. The Underwriting spread which the Purchaser expects to realize will be -0-.
3. No fee, bonus or other compensation will be paid by the Purchaser in connection
with the issue of the 2006 Bonds to any person not regularly employed or retained by the
Purchaser.
4. The City of Delray Beach, Florida (the "City"), is proposing to issue up to
$7,000,000 of debt or obligation for the purposes of financing certain additions, extensions and
improvements to the City's combined public utility systems, and other costs associated
therewith. This debt or obligation is expected to be repaid over a period of approximately 196
months. At an interest rate of 4.12%, the total interest paid over the life of the debt or obligation
could be as much as $2,625,653.
The source of repayment or security for this proposal is the Net Revenues (as defined in
the resolution authorizing the issuance of the debt or obligation). Authorizing this debt or
obligation will result in up to $9,625,653 of Net Revenues not being available to finance or
refinance other capital projects for the City combined public utility in the calendar year 2006
through October 1, 2021.
Very truly yours,
BRANCH BANKING AND TRUST COMPANY
By:
Name:
Title:
WPB-FSlISANFORDSIS78952vO'J'&1 1106\16787.01 1600
A-4
Res. No. R-25-06
EXlDBIT B
FORM OF BOND
No. R-
$7,000,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRA Y BEACH, FLORIDA
WATER AND SEWER REVENUE BOND, SERIES 2006
Interest Rate
4.120/0
Maturity Date
October 1, 2021
Dated Date
May _, 2006
REGISTERED OWNER:---BRANCH BANKING AND TRUST COMPANY --------
PRINCIPAL AMOUNT:------SEVEN MILLION DOLLARS($7,000,000.OO)---------
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the
"City") in Palm Beach County, Florida, for value received, hereby promises to pay from Net
Revenues (as such term is defined in the herein defined 1988 Resolution), to the Registered
Owner specified above or registered assigns on the Maturity Date specified above or earlier upon
mandatory or optional prepayment as provided below, the City's Finance Department or (if so
determined by the City) the designated trust office of the bank or trust company appointed by the
City to act as paying agent (said City's Finance Department or such bank or trust company and
any bank or trust company becoming successor paying agent being herein called the "Paying
Agent"), the Principal Amount outstanding from time to time and not previously prepaid with
interest thereon at the stated interest rate calculated on the basis of a 360-day year of 12 thirty-
day months, on each Payment Date in the manner specified in the within described Bond
Resolution. The interest rate on the Bond may be adjusted as provided in the Bond Resolution
(as herein defined). The principal amount, redemption premium, if applicable, and accrued
interest thereon is payable in any coin or currency of the United States of America, which, on the
date of payment thereof, shall be legal tender for the payment of public and private debts.
This Bond is authorized to be issued in a principal amount of $7,000,000 under the
authority of and in full compliance with the Constitution and statutes of the State of Florida,
including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter
of the City of Delray Beach, Florida, as amended and supplemented, and other applicable
provisions of law (the "Act"), and Resolution No. 36-88 duly adopted on June 28, 1988,
Resolution No. 39-88 duly adopted on July 12, 1988, as amended and supplemented to date (the
"1988 Resolution") and Resolution No. R-025-06, adopted on May 16, 2006 (the ''2006
Resolution" and together with the 1988 Resolution, the "Bond Resolution"), as such resolutions
may be further amended and supplemented from time to time, and is subject to all terms and
conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have
the meaning ascribed to such term in the Bond Resolution.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened
WPB-FSIISANFORDS\S18952v0915/1 1106\16181,01 1600
B-1
Res. No. R-25-06
and have been performed in regular and due form and time as required by the Laws and
Constitution of the State of Florida and the Charter of the City applicable thereto, and that the
issuance of this Bond, is in full compliance with all constitutional or statutory limitations or
provisions.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in
accordance with the terms of the 2006 Resolution.
Interest shall be payable on October 1, 2006, and each April 1 and October 1 thereafter
and principal on the Bonds, unless prepaid, shall be payable on each October 1 in the amounts
set forth below; provided that if such date is not a Business Day, the payment shall be made on
the next succeeding Business Day (each a "Payment Date") and interest shall continue to accrue
until the payment is received by the Owner. The principal of and interest on the Bonds shall be
secured solely by the Net Revenues.
Date
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021*
Total
Principal Amount
$110,000
120,000
440,000
460,000
440,000
460,000
480,000
500,000
500,000
520,000
540,000
570,000
590,000
620,000
650.000
$7,000,000.00
* Final maturity
The City may prepay this Bond in whole or in part, at any time or from time to time,
upon payment of a redemption premium of one percent (1%) of the principal amount of the
Bonds to be redeemed, by paying to the registered holder all or part of the principal amount of
WP8-FSIISANFORDS\S789S2v09\S/l 1106\16787,01 1600
B-2
Res. No. R-25-06
this Bond, together with the redemption premium and the unpaid interest accrued on the amount
of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such
date and in such principal amount as shall be specified by the City in a written notice delivered to
the registered owner not less than two (2) Business Days prior thereto. Notice having been given
as aforesaid, the principal amount stated in such notice, together with the redemption premium
and accrued interest, or the whole thereof, together with the redemption premium and accrued
interest, as the case may be, shall become due and payable on the prepayment date stated in such
notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the
principal of this Bond is to be paid, upon presentation and surrender of such Bond to the office of
the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's
Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is
to be paid, upon presentation of such Bond at the office of the Paying Agent (the designated
corporate trust office, if the Paying Agent is not the City's Finance Department) for notation
thereon of the amount of principal then paid or for issuance of a replacement Bond in the
principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the
Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment
to the Bank of the principal and redemption premium, together with unpaid interest accrued
thereon, without surrender of this Bond. If, on the prepayment date, funds for the payment of the
principal amount to be prepaid and redemption premium, together with unpaid interest accrued
thereon, shall not have been provided to the Paying Agent, as above provided, the principal
amount of this Bond shall continue to be outstanding and to bear interest until payment thereof at
the Interest Rate.
This Bond shall not be and shall not constitute an indebtedness of the City within the
meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be
secured solely by the Net Revenues. No Holder of this Bond shall ever have the right to compel
the exercise of ad valorem taxing power of the City, or taxation in any form of any real property
therein to pay the Bond or the interest thereon.
The applicable terms and provisions of the Bond Resolution are incorporated in this Bond
as though such terms and provisions have been set out in full herein.
WPB-FS1\SANFORDS\S789S2\109\S111/06\16787,OII600
B-3
Res. No. R-25-06
IN WIlNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be
signed by its Mayor, either manually or with his facsimile signature, and the seal of the City
Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or
reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile
signature, and this Bond to be dated the Dated Date set forth above.
(SEAL)
CITY OF DELRAY BEACH, FLORIDA
ATIEST:
By:
Mayor
By:
Clerk of the City of Del ray Beach, Florida
WPB-FS1\SANFORDS\5789S2v09\S/11106\16787,OII600
B-4
Res. No. R-25-06
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: May _, 2006
This Bond is the Bond delivered pursuant to the within mentioned Resolution.
CITY OF DELRA Y BEACH
Finance Department, as Registrar
By:
Authorized Officer
WPB-FSIISANFORDSI5789S2v09\S/l 1106\16787,01 1600
B-5
Res. No. R-25-06
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of assignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, Attorney to transfer the within Bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as written upon the face
of the within Bond in every particular, without
alteration or enlargement, or any change whatever.
WPB_FS1\SANFORDS\S78952\'09\S111/06\167S7,Oll600
B-6
Res. No. R-25-06
AGENDA ITEM NUMBER: 3 \\
AGENDA REQUEST
Date: May 9, 2006
Request to be placed on:
Consent Agenda
Special Agenda
Workshop Agenda
When:
May 16, 2006
Description of agenda item: Approve Resolution# 25-06 authorizing the issuance of Water
and Sewer Bonds in the aggregate amount of $7,000,000 and authorizing the sale of such bonds
to Branch Banking and Trust at a rate of 4.12% for a term of 15 years.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
x
X
NO
NO
Recommendation: Recommend approval of the above.
Department Had Signature: ---:;: >~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: (n/a) Yes ~, A~ No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
{9
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGERCj;}j)-
AGENDA ITEM # '\ T - REGULAR MEETING OF MAY 16,2006
FEDERAL AVIATION ADMINISTRATION (fAA)/TERMINAL RADAR
APPROACH CONTROL (fRACON)
SUBJECT:
DATE:
MAY 12, 2006
Consider approval of authorizing the Mayor to send a letter to the Federal Aviation Administration
(FAA) expressing the City's concern regarding the FAA's decision to move Palm Beach International
Airport's (pBIA) Terminal Radar Approach Control (fRACON) to Miami International Airport.
S:\City Clerk\ agenda memos\CM FAA TRACON 051606
[IT' DF DELIA' BEA[H
DELRAY BEACH
f l 0 . I [) ...
bad
AlI.America City
, III I!
1993
2001
@ Printed on Recycled Paper
100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 561/243-7000
May 16, 2006
The Honorable Marion C. Blakey
Administrator
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, DC 20591
Dear Administrator Blakey:
I write on behalf of the City Commission of the City of Delray Beach,
Florida regarding our concern over the FAA's decision to move Palm Beach
International (PBI) Airport's Terminal Radar Approach Control (TRACON) to
Miami International Airport.
The City supports the position of Congressman Alcee Hastings,
Congressman Mark Foley, Congressman Clay Shaw, and Congressman Robert
Wexler in their March 22, 2006 letter to your office (copy attached). The City
agrees, as stated in the letter, that "this decision has great potential to limit the
ability to fly in emergency relief supplies during natural disasters and possible
terrorist attacks, force many PBI air traffic controllers to relocate, and make South
Florida's skies a dangerous place to be."
Of particular concern to the City is the potential impact of hurricanes to
our region's airports. As you are well aware, Florida has experienced a series of
extremely difficult hurricane seasons, and the high level of hurricane activity is
predicted to continue. PBI has functioned as an important distribution point to
various counties following previous hurricanes. If the Miami International
Airport control tower and radar suffer hurricane damage, South Florida's
hurricane recovery efforts could be seriously impacted if the TRACON system is
not in place at PBI.
On behalf of the City of Delray Beach, I urge you to reconsider the
decision to relocate the TRACON system at PBI to Miami. I understand that a
new control tower will be built at PBI, and the City encourages the FAA to
U:\Mayor\FAA letter.doc
THE EFFORT ALWAYS MATTERS
The Honorable Marion C. Blakey
Administrator
Federal Aviation Administration
May 16, 2006
Page 2
include all systems needed to maintain the TRACON system at PBI in this new
tower. Maintaining the TRACON system at PBI is critical to our region's disaster
response. Thank you for your consideration of this important issue.
Sincerely,
Jeff Perlman
Mayor
Attachment
cc: Governor Jeb Bush
Congressman A1cee Hastings
Congressman Mark Foley
Congressman Clay Shaw
Congressman Robert Wexler
Director Craig W. Fugate, State Division of Emergency Management
U:\Mayor\F AA letter.doc
<tCongre~5 of tbe l1niteb ~tatt5
awasbington, :mft 20515
March 22, 2006
The Honorable Marion C. Blakey
Administrator
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, DC 20591
Dear Administrator Blakey:
We write to thank you for your letter of February 13,2006 indicating that the Federal
Aviation Administration (FAA) is planning on constructing a new control tower at Palm Beach
International Airport (PBI) between 2007 and 2009. This is an issue on which all of us have
been working for many years. We also write to express our deep concerns about the FAA's
decision to transition the airport's Terminal Radar Approach Control (TRACON) from PBI to
Miami International Airport (MIA). If implemented, this decision has great potential to limit the
ability to fly in emergency relief supplies during natural disasters and possible terrorist attacks,
force many PBl air traffic controllers to relocate, and make South Florida's skies a dangerous
place to be.
The FAA's plan to essentially place all of South Florida's major radar functions under
one roof at MIA is a very dangerous scenario, especially considering the region's vulnerability to
hurricanes and its federal designation as a high-risk urban area. PBI was greatly utilized during
the 2004 and 2005 hurricane seasons to fly in emergency supplies to Palm Beach, Martin, St.
Lucie, Hendry Counties, Broward, and Monroe Counties. Additionally, PBI was used
extensively following Hurricane Andrew in 1992 as a distribution point for federal and local
officials shuttling relief supplies to southern counties which had been completely devastated by
the storm. Ifa hurricane were to barrel through Miami-Dade County and damage MIA's control
tower and subsequent radar system, as Hurricane Andrew did, then it is highly possible, indeed
likely, that emergency efforts in Palm Beach and the aforementioned counties could be
dramatically hindered.
We arc well aware of the tinanciallimitations under which the FAA finds itself.
Nevertheless, your February 13 letter noting that the FAA can take advantage of an already
existing radar system at MIA "without duplicating expenses at West Palm Beach" is quite
troubling and confusing. As you know, the FAA is preparing to begin construction ofa new
control tower at PBI. In turn, if the FAA is going to spend more than $18 million on this tower,
then why is it unwilling to include every state-of-the-art radar system available in that tower?
These systems would include the modernization of PBI 's TRACON and also purchasing a
Standard Terminal Automation Replacement System (STAR), the system which you maintain is
the reason for relocating PBl's TRACON to MIA.
Finally, it is widely accepted that the job of air traffic controller is a very stressful
occupation. Given the current driving conditions on South Florida highways and the distance
involved, requiring PBIA controllers to travel to Miami every day to work would put even
greater stress on these people on whom we, as air passengers, depend for our safety.
Furthennore, recalling the hurricane disasters of the last year alone, asking PBI's current air
traffic controllers to travel between at least 60 and 70 miles to their workplace in such a situation
is not a good idea and runs the risk of losing many qualified air traffic controllers with years of
experience who may leave the profession rather than relocate south.
By its very name, PBI is not a small regional airport. Its size and importance, to the
people of South Florida and the Treasure Coast and the thousands of American and international
travelers who use it, dictate that it remain staffed as it has since its inception. We submit that
your proposal to move transition PBI's TRACON to MIA is short-sighted and request that it be
reconsidered.
Thank you for your attention to this matter, and we look forward to your response.
\ Sincerely,
'c-,
[ITY OF DElRAY IEA[H
DELRAY BEACH
Dad
All-America City
, III I!
1993
2001
100 N W 1st AVENUE
DELRiW BEACH. FLOf~IDA 33444
561/243-7000
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE:
May 12, 2006
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Worthinq Place Documents Needed for Closinq
Attached please find a list of agreements that require your approval, subject to
final revisions, as are determined to be acceptable to the City Attorney and
Attorney Steve Rubin.
We need your authorization to approve and finalize these documents and any
other documents needed to close. The closing is expected to take place prior to
June 1, 2006.
Please place this matter on the May 16, 2006 City Commission agenda.
Attachments
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
@ Prmted on Recycled Paper
THE EFFORT ALWAYS MATTERS
~
q;r
Page 1 of 1
Ruby, Susan
From: RubinSDR@aol.com
Sent: Friday, May 12, 2006 3:24 PM
To: Ruby, Susan
Subject: Blk 77
Susan:
I have attached the following:
1. Checklist - master list of closing documents with status
2. Final Recognition Agreement - form approved by all.
3. Final Lease Estoppel - form approved by all.
4. Assignment and Assumption of Lease - pending revisions per my comments
5. Reverter Condition - to be included in QCD and SWD executed by City - form not approved by Blk 77 or CRA
6. Continuing Obligations Declaration- not approved see my attached comments
7. Memorandum of Agreement - not approved
8. Escrow Agreement- not approved
9. Guaranty Agreement- not approved
10. Temporary Parking Easement - not approved
Please let me know if any of this material needs further explanation as to its status at this time. Thanks.
Steven D. Rubin
Attorney at Law
980 N. Federal Highway
Suite 434
Boca Raton, Florida 33432
561-391-7992
561-347-0828 (fax)
To ensure compliance with Internal Revenue Service Circular 230, we inform you that any tax advice
contained in this message (including any attachments hereto) is not intended or written to be used, and cannot be
used, to (1) avoid penalties under the Internal Revenue Code, or (2) promote, market or recommend to any other
party any tax-related matter(s) addressed herein.
This e-mail transmission is intended only for the use of the intended recipient(s) and it may be subject to
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5/12/2006
This Instrument Prepared by and Return to:
Bert R. Oliver, Esq.
Bert R. Oliver, P.A.
2060 NW Boca Raton Boulevard / Suite 6
Boca Raton, FL 33431
DECLARATION OF CONTINUING OBLIGATIONS
AND
RESERVATION OF RIGHTS
This Declaration of Covenants and Reservation of Rights (the "Declaration") is
made as of the day of May, 2006, by BLOCK 77 DEVELOPMENT
GROUP, L.C. a Florida limited liability company, with offices at c/o Southcoast
Pm1ners, Inc., 900 E. Atlantic Avenue, Suite 13, Delray Beach, FL 33483 ("BLK 77") in
favor of the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
having offices at 20 N. Swinton Avenue, Delray Beach, Florida 33444 ("CRA").
BACKGROUND
WHEREAS, BLK 77 and the CRA are parties to the following documents: (i)
Contract for Sale, Purchase and Development dated January 11, 2000 (the "Contract");
(ii) Amendment to Contract dated December 12, 2002 ("First Amendment");
(iii) Amendment to Contract dated February 27, 2003 ("Second Amendment");
(iv) Amendment to Contract dated March 25, 2004 ("Third Amendment");
(v) Amendment to Contract dated September 28, 2004 ("Fourth Amendment");
(vi) Amendment to Contract dated March 10, 2005 ("Fifth Amendment");
(vii) Amendment to Contract dated November 2, 2005 ("Sixth Amendment"); and
(viii) Amendment to Contract dated March 9, 2006 ("Seventh Amendment") [the
Contract, First Amendment, Second Amendment, Third Amendment, Fourth
Amendment, Fifth Amendment Sixth Amendment and Seventh Amendment are referred
to hereinafter, collectively, as the "Contract"]; and
WHEREAS, the Contract contained certain specified covenants to be perfom1ed
by BLK 77 after the closing of the transaction contemplated by the Contract and as
detailed hereinafter. The Contract also provided the CRA with certain specified rights,
which were to survive the closing of the transaction contemplated by the Contract, which
rights would pertain in the event BLK 77 were to fail to perfom1 one or more of the
Reserved Rights; and
WHEREAS, BLK 77 and the CRA wish to set forth with specificity both the
Continuing Obligations of BLK 77 and the Reserved Rights of the CRA in this document
with the intention and understanding that this Declaration be recorded immediately prior
Page 1 of 12
to the recording of the Deed to be delivered by the CRA to BLK 77 at the closing of the
transaction contemplated by the Contract conveying the Land to the end that BLK 77 will
acquire title to the Land described in said Deed subject to this Declaration.
NOW, THEREFORE, for and in consideration of the sum of TEN ($10.00)
DOLLARS and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, BLK 77 and the CRA do hereby agree as follows:
I. Incorporation of Recitals. The content of the "Background" set forth above is
hereby incorporated herein in full by this reference.
2. Definitions. Unless otherwise expressly provided or the context otherwise
requires, the following terms used in this Agreement shall have the following meanings:
A. "Block 69" means the real property known as Lots 20, 21 and 22, of
Subdivision of Block 69, according to the plat thereof recorded in Plat
Book 2, Page 43 of the Public Records of Palm Beach County, Florida.
B. "Block 77" means the real property known as Block 77, map of the Town
of Linton (now Delray Beach), Florida according to the plat thereof as
recorded in Plat Book I, Page 3 of the Public Records of Palm Beach
County, Florida.
C. "Building Department" shall mean the City's Building Department.
D. "City" shall mean City of Delray Beach, Florida, a Florida municipal
corporation.
E. "City Lands" shall mean that real property as referenced on Exhibit "B"
hereto and incorporated herein.
F. "Continuing Obligations" shall mean those obligations of BLK 77 set
forth in Section 3 hereof.
G. "Deed" refers to the statutory warranty deed(s) to be executed by the CRA
conveying to BLK 77 fee simple title to the real property referenced on
Exhibit "A" and Exhibit "B" hereto.
H. "Dwelling Unit" shall mean a unit for rent or a unit for sale, as part of a
condominium, cooperative or similar association.
I. "Existing Public Parking Spaces" shall mean the sixty-three (63) spaces
currently utilized by the City for public parking on a portion of the City
Lands, which Existing Public Parking Spaces shall be relocated to the
Public Parking Facility upon Block 69.
Page 2 of 12
J. "GRIP Parking" shall refer to those certain fifty-five full-time parking
spaces and forty (40) part-time parking spaces located within the Public
Parking Facility for the benefit of the Sun Building tenants, their guests
and invitees under that certain lease agreement dated March 30, 2003 by
and between BLK 77 and Oxford Business Corporation (successor in
interest to Sun Atlantic Properties, L.L.C.).
K. "Land" shall mean that real property as referenced on Exhibit "A" hereto
and incorporated herein.
L. "Permit" shall refer to the building permit issued by the City for the
Project.
M. "Project" shall refer to the development of the Land and City Lands being
acquired by BLK 77 from the CRA pursuant to the Contract, the GRIP
Parking, Lots 20, 21 and 22 of Block 69, and those other parcels of
property owned in fee simple by BLK 77 located on Block 77, as said
above-referenced parcels shall be improved by the constructions of
residential apartment units, retail and commercial spaces, the Public
Parking Facility and the private parking garage.
N. "PPF Agreement" shall mean that certain Public Parking Facility
Construction and Conveyance and Worthing Park Contribution Agreement
dated January 4, 2000 by and between City and BLK 77. The PPF
Agreement is incorporated herein in full by this reference.
O. "PPF Permit" shall refer to the building permit issued by the City for the
Public Parking Facility.
P. "Property" shall mean collectively the Land and City Lands.
Q. "Public Parking Facility" means the facility to house parking spaces and
ancillary improvements to be constructed by BLK 77 on Lots 20, 21 and
22 of Block 69; which Public Parking Facility and the underlying portion
of Block 69 shall be deeded in fee simple marketable title by BLK 77 to
City upon the completion of the Public Parking Facility as evidenced by a
certificate of occupancy.
R. "Right of Repurchase" shall mean those rights of the CRA set forth in
Section 4.A. hereof
S. "Reserved Rights" shall mean those continuing obligations set forth in
Sections 4 and 5 hereof.
T. "Sun Building" shall refer to that certain building located on Lots 1,2, 3
of Block 77, with a mailing address of 110 East Atlantic Avenue, Delray
Page 3 of 12
Beach, Palm Beach County, Florida and formerly known as the GRIP
Building.
Capitalized terms used herein but not defined herein shall have the meanings ascribed to
them in the PPF Agreement.
3. ContinuiDl! Oblif!ations. As of the date hereof the following constitute the
Continuing Obligations ofBLK 77:
A. Commence construction of the Public Parking Facility not later than
ninety (90) days following the issuance of the building permit for the
Public Parking Facility;
B. Pursue continuously and diligently the construction of the Public Parking
Facility through to completion;
C. Submit an application for the issuance of the Permit for the construction of
the Project on Block 77 before the two hundred seventieth (270th) day
following the date hereof, i.e., @ , 2007;
D. Commence the construction of the balance of the Project on Block 77
within one hundred eighty (180) days following the later of (a) the
issuance of the Permit or (b) completion of the Public Parking Facility
4. Reservation of Rif!hts.
A. CRA expressly reserves the right, at its sole option and election, to
repurchase the Property from BLK 77 for the same Purchase Price as paid
by BLK 77 to CRA in the event BLK 77 shall default with respect to
Sections 3.A., 3.B., 3.C. or 3.D. of the Continuing Obligations, subject to,
in all events, written notice from the CRA as required by the notice
provisions of the Contract to (a) BLK 77 and (b) the owner and holder of
any mortgage then encumbering either the Public Parking Facility or the
Project, which notice shall (i) set forth with specificity the alleged default,
and (ii) provide BLK 77 and/or said mortgagee thirty (30) days within
which to cure a monetary default or commence the cure of a non-monetary
default. The exercise of the Right of Repurchase shall be conditioned upon
either or both BLK 77 and said mortgagee failure to cure a monetary
default within said thirty (30) day cure period or, in the case of a non-
monetary default, a failure by either BLK 77 or said mortgagee to
commence to cure a non-monetary default within said thirty (30) day
period or, having commenced such a cure, to fail to continuously
thereafter prosecute the cure to completion.
Page 4 of 12
B. CRA reserves its authority to approve the architectural design and site plan
of the Project. These approvals shall be in the sole discretion of CRA
including without limitation as to matters including the location of the GRIP
Parking spaces, with such reservation of approval rights running with the
Property. Any request for approval to the CRA, not acted upon by CRA
within thirty (30) business days of proper application by BLK 77, shall be
deemed approved and granted by CRA. Notwithstanding the foregoing,
following the completion of the Project, as evidenced by the issuance of a
certificate of occupancy, CRA's reservation of approval to subsequent
modifications to the structures and other improvements on or to the Project
shall be limited to a standard of reasonableness.
5. Rie:ht of First Refusal. Subsequent to BLK 77's commencement of
construction of the Project, but prior to the issuance of a certificate of occupancy for any
improvements comprising the Project, should BLK 77 receive a bonafide offer to purchase
the Project in an arms length transaction ("Offer") which BLK 77 wishes to accept, CRA
shall have a first right of refusal to purchase the Project upon the same terms and conditions
contained in the Offer. In the event of the receipt of an Offer following the commencement
of construction but prior to the issuance of a certificate of occupancy, BLK 77 shall present
to CRA a true copy of the Offer which BLK 77 intends to accept. Upon BLK 77's delivery
of the Offer to CRA, CRA shall have thirty (30) days thereafter within which to elect to
exercise its right of first refusal by the delivery of written notice to BLK 77 of its exercise of
its right of first refusal to the Property in accordance with the terms and conditions contained
in the Offer and this paragraph. The closing between BLK 77 and CRA under the first
refusal shall occur within thirty (30) days following CRA's timely exercise of its first right
of refusal. In the event CRA fails to timely exercise its first right of refusal, the right of
refusal shall terminate and BLK 77 shall be free to close under the Offer pursuant to the
terms of the Offer. In the event CRA shall not exercise its right of first refusal hereunder,
the party making the Offer shall acquire the Property in conformance with all surviving
terms and conditions of the Contract as well as all obligations ofBLK 77 to CRA or the City
pursuant to the terms of the Contract or otherwise granted in the course of the development
of the Project.
6. Miscellaneous.
A. BLK 77 shall be deemed not to have diligently adhered to its Continuing
Obligation set forth in Sections 3.A., 3.B., 3.C. or 3.D. above if BLK 77
shall have failed to submit to the Building Department the City's
prescribed form of application for the Permit or shall fail within more than
three (3) times to timely respond to comments or deliver submissions to
the Building Department within three (3) weeks following request for
same, if compliance can be reasonably made within such period of time, or
such later period of time as reasonably commensurate with the request or
submission, for which BLK 77 or its agent shall, in each such instance
notify Building Department in writing of the additional time required to
Page 5 of 12
complete or deliver the response and/or submission as applicable, subject
to limits as provided by law.
B. BLK 77 acknowledges that construction of improvements on Block 77 is
subject to the Right of Repurchase. Therefore, such construction is at BLK
77's risk and that the loss of such improvements resulting from CRA's
election of the Right of Repurchase shall not be deemed a penalty.
C. As, if and when BLK 77 deems itself to have fully and faithfully
completed the Continuing Obligations it may petition the CRA for the
execution and delivery by the CRA of a document which, by it terms, will
effectively and fully terminate this Declaration. Such petition shall be
accompanied by a sworn statement by BLK 77 certifying completion or
satisfaction of each of the Continuing Obligations and a form of
termination ("Declaration Termination") for CRA's execution and
delivery back to BLK 77. CRA shall, within thirty (30) days of receipt of
such petition either (i) execute and deliver to CRA the Declaration
Termination or (ii) contest BLK 77's assertions. Any dispute in regard to
whether BLK 77 has or has not fully and faithfully completed the
Continuing Obligations shall be resolved in the manner described in the
following Section 6.E.
D. Each and every of BLK 77's obligations set forth in this Declaration, for
which time for performance is specified, including to commence and
thereafter to diligently and continuously prosecute the construction of the
Public Parking Facility pursuant to Sections 3.A. and 3.B. above, and to
obtain the Permit for the construction of the Project and to commence
construction thereof pursuant to Section 3.C. above, are hereby made
expressly subject to excusable delay attributable to circumstances beyond
the reasonable control of BLK 77. For purposes hereof, the term
"circumstances beyond the reasonable control of BLK 77" shall include
strikes, lockouts or labor disputes, moratoriums on the issuance of
building permits or the commencement of construction, zoning in progress
which precludes or delays the issuance of the building permits or
commencement, failure of City or its applicable agencies to timely
respond to matters germane to BLK's time of performance specified
herein, the inability to obtain labor or materials or reasonable substitutes
therefor, Acts of God, catastrophe, weather that has the effect of
interrupting the City or its applicable agencies in the building permit
issuance procedure or which delays commencement or continuation of
construction, acts of enemies or hostile governmental action, civil
commotion, insurrection, revolution, sabotage, fire or other casualty, a
taking of the whole or a portion of Block 69 or Block 77, respectively, and
as applicable, by condemnation or eminent domain, a suspension or
termination of work by BLK 77 by reason of an order or directive issued
by the City, the State of Florida, or the United States (other than an order
Page 6 of 12
or directive that charges or relates to a violation by BLK 77 of any of the
applicable terms of this Declaration, any other agreements between BLK,
CRA and/or the City, any statute, regulation, code or other requirement),
any material delay in the issuance of approvals by the City, the State of
Florida, or the United States that is in no way attributable to any act or
omission of Buyer. By the tenth (10th) business day of each of month,
BLK 77 shall deliver or cause to be delivered to CRA a list of the days
during each preceding month as to which BLK 77 believes that
circumstances beyond the reasonable control ofBLK 77 delayed BLK 77,
and the reasons therefor. CRA shall, within ten (10) business days after
receipt of any such list provide notice to BLK 77 as to whether CRA
disputes that any of the days set forth on that list would give rise to an
extension of time for BLK's performance based on circumstances beyond
the reasonable control of BLK 77. Any days claimed by BLK 77 to be
subject to extension because of circumstances beyond the reasonable
control of BLK 77, which are not so disputed by CRA within said time
period, shall be deemed approved by CRA. In the event of a dispute
between CRA and BLK 77 as to whether there has been a commencement
of construction, or whether a claim of excuse for delay in performance of
construction because of circumstances beyond BLK's control is valid or
otherwise in connection with this document, the transactions contemplated
thereby shall be endeavored to be resolved and settled by mediation using
a mutually acceptable third-party mediator. Such mediator shall be
appointed upon the written demand of either party. Upon such
appointment, the mediation shall be held within fifteen (15) days at a
mutually agreeable site in Palm Beach County, Florida. The fees and
expenses of such mediator shall be borne equally by the parties hereto. In
the event of the failure of the parties to settle the dispute by mediation,
either party may bring the dispute for legal redress before the Circuit
Court in and for Palm Beach County, Florida.
BLK 77 acknowledges and agrees that the City has a right to
reconveyance (reverter) with respect to the City Lands and that BLK 77 is
obligated to convey Block 69 to the City when the public parking facility
is completed. Such right and obligation are more fully described in the
PPF, as modified by the Contract, both of which are incorporated by
reference herein and made a part hereof. Nothing contained in this
Declaration shall be deemed to limit, modify, supersede, or otherwise
affect the City's right of reconveyance (reverter) or BLK 77's obligation
to convey Block 69 to the City which are described in the PPF and
Contract, except the legal description of the "Existing Public Parking
Spaces" shall be deemed to be the same as the "City Lands." The City's
right of reconveyance (reverter) and BLK 77's obligation to convey Block
69 to the City, together with such other rights and obligations of the City
and BLK 77, respectively, which are described in the PPF and Contract
and which will be performed or are intended to be performed after the
Page 7 of 12
closing of the Contract, shall not merge into the deed of conveyance from
the CRA to BLK 77.
E. The parties hereto acknowledge that while not joining in this Declaration,
City is a third-party beneficiary to this Declaration and has, by virtue of
this Declaration, acquired certain herein specified rights notwithstanding
the fact that City is not a signatory to this Declaration.
F. The parties hereby acknowledge that the deed of conveyance by the Seller
shall contain a deed restriction running with the land to provide that the
condominium, cooperative or association documentation and any
amendments in the future adopted with respect thereto shall not prohibit or
restrict the rental of such dwelling units, except to the extent of limiting
such rentals to a maximum number of times per year and a minimum term
for such rental which shall not be less than thirty (30) days.
G. The terms and provisions of the Sixth Amendment and Paragraph H,
Seller's Right of First Refusal, of Section XIII, Special Clauses, of the
Contract ("Paragraph H") shall survive the closing. In the event of any
inconsistency between this Declaration and the Sixth Amendment and/or
Paragraph H, the Sixth Amendment and Paragraph H shall prevail.
Page 8 of 12
IN WITNESS WHEREOF the CRA and BLK 77 have caused these presents to be
executed by their respective duly authorized officers as of the day and year first written
above.
DEL RAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
Signed, sealed and delivered
10 our presence:
By:
Title:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of May,
2006 by on behalf of DELRA Y BEACH
COMMUNITY REDEVELOPMENT AGENCY, [ ] who is personally known to me or [
] who has produced a drivers license or as
identification.
Notary Public
Page 9 of 12
BLOCK 77 DEVELOPMENT
GROUP, LC, a Florida limited liability
company
By:
William E. Morris, Manager
Signed, sealed and delivered
In our presence:
Printed Name:
Printed Name:
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 20_, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has
produced a drivers license or as identification.
Notary Public
Page 10 of 12
EXHIBIT A
Lands
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77 of TOWN OF LINTON,
FLORIDA (now Delray Beach), according to the map or plat thereof, as recorded in
Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
(Parcel S)
Page 11 of 12
EXHIBIT B
City Lands
The South 59.84 feet of Lots 4,5 and 6 and all of Lots 7 and 13, Block 77 of TOWN OF
LINTON, FLORIDA (now Delray Beach), according to the map or plat thereof, as
recorded in Plat Book 1, Page 3 ofthe Public Records of Palm Beach County, Florida.
(Parcel U, W and Y)
Allevs and Rie:ht ofWavs to be Abandoned
Parcel P:
That part of the 16 foot wide alley right of way lying South of and adjacent to Lots 4,5,
and 6, Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof
as recorded in Plat Book I, Page 3 of the Public Records of Palm Beach County, Florida.
Parcel R:
That part of the East 8 feet of that certain 16 foot wide alley right of way lying West of
and adjacent to Lots 14 and 15, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3 of Public Records of
Palm Beach County, Florida.
Parcel V:
The North 16.0 feet of Lot 13, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of
Palm Beach County, Florida.
Parcel X:
The North 16.0 feet of Lot 7, Block 77, TOWN OF LINTON (now Delray Beach),
according to Plat thereof as recorded in Plat Book 1, Page 3 of Public Records of Palm
Beach County, Florida.
Parcel Z:
That part of the 16 foot wide alley Right-of-way lying West of and adjacent to Lot 13,
Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as
recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
H:\2006\060052\Seller Documents\06-05-l2 Declaration of Continuing Obligations and Reservation - clean revised version.doc
Page 12 of 12
ESCROW and PAYMENT AGREEMENT
THIS Escrow Agreement ("Agreement") is made this _ day of May, 2006, by BLOCK 77
DEVELOPMENT GROUP, L.c., a Florida limited liability company ("Owner"), DELRAY BEACH
COMMUNITY DEVELOPMENT AGENCY ("CRA"), and the CITY OF DELRAY BEACH,
FLORIDA ("City").
WITNESSETH:
WHEREAS, CRA and Owner are parties to that certain Contract for Sale, Purchase and
Development Agreement, dated January 11, 2000, and the seven (7) amendments (collectively the
"CRA Agreement"), pursuant to which Owner has agreed to purchase from CRA, and CRA has
agreed to sell to Owner fee simple title to certain real property located in the City of De1ray Beach,
Palm Beach County, Florida, more particularly described on Exhibit A attached hereto (the "Land");
WHEREAS, City and Owner are parties to that certain Public Parking Construction and
Conveyance and Worthing Park Contribution Agreement, dated November _,1999 (the "Parking
Facility Agreement" or "PPF");
WHEREAS, City is specifically identified as a third party beneficiary ofthe CRA Agreement
and CRA is specifically identified as a third party beneficiary of the Parking Facility Agreement;
WHEREAS, pursuant to various provisions ofthe CRA Agreement, and the Parking Facility
Agreement, between or among the parties hereto (the "Project Agreements"), Owner is obligated
construct a public parking facility (the "Parking Facility") on that certain land located in Palm Beach
County, Florida, more particularly described on Exhibit B attached hereto (the "Parking Garage
Parcel"), and to convey the Parking Facility and Parking Garage Parcel to City;
WHEREAS, Owner is required by the PPF to convey the Parking Garage Parcel to the City
and assign to the City the Parking Lease Agreement when the Parking Facility is completed; Owner
has executed the deed of conveyance for the Parking Garage Parcel ("Deed") and an Assignment and
Assumption of the Parking Lease Agreement ("Assignment") (collectively called the "Escrowed
Documents") and the same shall be held in escrow until the Parking Facility is completed and a
Certificate of Occupancy is issued by the City for the same;
NOW, THEREFORE, in consideration ofthe foregoing and other valuable consideration, the
receipt and adequacy of which are hereby acknowledged the parties agree, as follows:
1. At the closing of the CRA Agreement, Owner shall deliver to the Escrow Agent
named herein the Deed and Assignment in the forms required by the CRA Agreement and Parking
Facility Agreement. Escrow Agent shall hold the Deed and Assignment in escrow until the Parking
Facility is completed and the Owner is obligated to convey the Garage Parcel and assign the Parking
Lease Agreement to the City. At that time, and within seven (7) days after City's written request
made upon Escrow Agent, Escrow Agent shall deliver the original Deed and Assignment to the City
1
c/o of the City Attorney, 200 N. W. First Avenue, Delray Beach, Florida 33445. Simultaneously
therewith, Owner shall deliver to City Owner's check made payable to the "Clerk of the Circuit
Court" in the sum of $ representing payment of Florida Documentary Stamp taxes
due upon the transfer and conveyance of the Parking Garage Parcel to the City.
2. In the event Escrow Agent shall receive conflicting demands for the Escrowed
Documents, Escrow Agent shall within ten (10) days thereafter seek an adjudication ofthe matter by
court proceeding in Palm Beach County Circuit Court. Escrow Agent may act on any instrument or
other writing believed by Escrow Agent in good faith to be genuine and signed or presented by the
proper person, and Escrow Agent shall not be liable in connection with the performance or
nonperformance of his duties under the provisions of this Agreement, except for his own gross
negligence. The Escrow Agent may continue to represent a party to this Agreement notwithstanding
the existence of a dispute concerning the Escrowed Documents. Escrow Agent has agreed to serve
as Escrow Agent hereunder without compensation and in the event Escrow Agent must file an
interpleader action with respect to the Escrowed Documents, Escrow Agent shall be entitled to
recover his costs and reasonable attorney's fees from the party which ultimately loses the escrow
dispute. If an action is pending between the parties to this Agreement, the Escrowed Documents
may be deposited by Escrow Agent in the Registry of the Court in such action.
3. This Agreement is governed by Florida law.
4. No prior or present agreements or representations shall be binding upon the parties
unless included in this Agreement. No modification to or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound
by it.
5. Bert R. Oliver, Esquire is hereby designated as the Escrow Agent and accepts its
duties hereunder.
6. Notices shall be deemed given when deposited in the U. S. Mail, postage prepaid, by
certified mail, return receipt requested, and simultaneously therewith, a facsimile transmission ofthe
notice is sent to the party receiving the notice. Notices shall be sent to the following, unless
otherwise changed in writing:
Guarantor's Address for Notices:
1046 Melaleuca Road
Delray Beach, FL 33483Attn: William E. Morris, Jr. Telephone: (561) 278-
1123Telecopier: (561) 265-5577E-Mail:
Attorney for Escrow Agent for Notices is:
Bert R. Oliver, P .A.
2
2060 N. W. Boca Raton Boulevard, Suite 6
Boca Raton, Florida 33432
Telephone: (561) 869-3000
Facsimile: (561) 549-0025
E-Mail: bert@boliver-Iaw.com
The address of City for Notices is:
City of Delray Beach
City Attorney's Office
200 N. W. 1st Avenue
Delray Beach, Florida
Telephone: (561) 243-7091
Facsimile: (561) 278-4755
The Address of the CRA for Notices is:
City of Delray Beach Community Redevelopment Agency
20 North Swinton Avenue
Delray Beach, Florida 33444
IN WITNESS WHEREOF, Borrower, CRA, and City have executed this Agreement as ofthe
date first above written.
Witnesses:
BORROWER
BLOCK 77 DEVELOPMENT GROUP, L.c., a
Florida limited liability company
Print Name:
By:
William E. Morris, Jr.
Manager
Print Name:
STATE OF
3
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,2006,
by William E. Morris, Jr., as Manager of Block 77 Development Group, L.e., a Florida limited
liability company, on behalf of said limited liability company-:-::..He is personally known to me or has
produced as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
4
eRA
DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
, as of Delray Beach Community Redevelopment
Agency, on behalf of said Agency. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
5
CITY
CITY OF DELRA Y BEACH, FLORIDA
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
, as of the City of De1ray Beach, Florida, on behalf of
said City. He/she is personally known to me or has produced as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
6
EXHIBIT A
The Land
Parcel 5
Part A
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77, Map of the Town of Linton, Florida (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
Folio Number 124346 1601 077 0140
Part B
That part of the East 8 feet of that certain 16 foot wide alley lying West of and adjacentto Lot 14 and the North
65.2 feet of Lot 15, Block 77, Map of the Town of Linton, Florida (now Delray Beach), as recorded in Plat
Book 1, Page 3, bounded as follows: on the North by the Westerly extension of the North line of said Lot 14;
on the West by the centerline of the 16 foot alley lying west of and adjacent to said subject property; on the
South by the Westerly extension of the South line of the North 65.2 feet of said Lot 15; on the East by the West
lines of said Lot 14 and the North 65.2 feet of said Lot 15.
Parcel 6
Part A
The South 59.84 feet of Lots 4,5 and 6, Block 77 and all of Lots 7 and 13, Block 77, Map ofthe Town of
Linton (now Delray Beach), according to the map or plat thereof as recorded in Plat Book I, Page 3, Public
Records of Palm Beach County, Florida.
Folio Number 12434616010770040
Part B
That part of the 16 foot alley lying South of and adjacent to Lots 4,5 and 6, Block 77, Map of the Town of
Linton (now Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County,
Florida, bounded as follows: on the North by the South line of said Lots 4, 5 and 6, Block 77; on the West by
the Southerly extension of the West line of said Lot 4, Block 77; on the South by the North line of Lot 13,
Block 77 and its Westerly extension, Map ofthe Town of Linton (now Delray Beach), as recorded in Plat Book
1, Page 3 and on the East by the Southerly extension of said Lot 6, Block 77.
Part C
That part of the 16 foot alley lying West of and adjacent to Lot 13, Block 77, Map of the Town of Linton (now
Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, bounded as
follows: on the East by the West line of said Lot 13, Block 77; on the North by the Westerly extension of the
North line of said Lot 13, Block 77, on the South by the Westerly extension of the South line of said Lot 13,
1
Block 77, and on the West by the East line of Lot 7, Block 77, Map of the Town of Linton (now Delray
Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
2
EXIllBIT B
The Parking: Garag:e Parcel
All ofthe Plat of WaR THING PLACE BLOCK 69, according to the map or plat thereof as recorded
in Plat Book 105, Page(s) 137, Public Records of Palm Beach County, Florida.
Formerly described as:
Lots 20,21 and 22, Block 69, Subdivision of Block 69, Delray, Florida according to the map or plat
thereof as recorded in Plat Book 2, Page 43, Public Records of Palm Beach County, Florida.
Folio Number: 124346 1601 0690200
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EXHIBIT C
The CRA Aereement
The eRA Agreement is more particularly described, collectively, as follows:
CRA Agreement for Sale, Purchase and Development Agreement, by and beteween
Borrower and CRA, dated January 11, 2000 (the "Oriqinal CRA Aqreement");
as amended by Amendment to Sale, Purchase and Development Agreement, by
and beteween Borrower and CRA, dated December 12, 2002 (the "First
Amend ment");
as further amended by Second Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and CRA, dated February 27, 2003 (the
"Second Amendment");
as further amended by Third Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and CRA, dated March 25, 2004 (the "Third
Amendment");
as further amended by Fourth Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and eRA, dated September 28, 2004 (the
"Fourth Amendment");
as further amended by Fifth Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and CRA, dated March 10,2005 (the "Fifth
Amendment");
as further amended by Sixth Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and CRA, dated November 2, 2005 (the
"Sixth Amendment"); and
as further amended by Seventh Amendment to Sale, Purchase and Development
Agreement, by and beteween Borrower and CRA, dated March_, 2006 (the
"Seventh Amendment").
As used in this Agreement, any references to articles or sections in the CRA Agreement
shall be deemed to refer to the corresponding articles or sections contained in the Original
CRA Agreement, as subsequently amended, unless otherwise indicated. Capitalized terms
used in this Agreement and not defined in this Agreement shall have the respective
meanings ascribed to such terms in the Original CRA Agreement, as subsequently
amended, unless otherwise indicated.
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EXHIBIT D
Plans
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EXHIBIT E
Performance Bond
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EXHIBIT F
Maintenance Bond
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EXHIBIT G
Title Policv - Permitted Exceptions
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EXHIBIT H
Allevs to be Vacated
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GUARANTY AGREEMENT
This Guaranty Agreement (this "Guarantv") is made as of the day of
May, 2006, by William E. Morris, Jr., an adult resident ofthe State of Florida ("Guarantor"),
in favor of The City of Delray Beach, a Florida Municipal corporation ("City") and the Delray
Beach Community Redevelopment Authority ("CRA")
PRELIMINARY STATEMENTS
WHEREAS, CRA and Block 77 Development Group, L.C. ("Owner") are parties to that
certain Contract for Sale, dated January 11, 2000, and the seven (7) amendments (collectively the
"CRA Agreement"), pursuant to which Owner has agreed to purchase from CRA, and CRA has
agreed to sell to Owner fee simple title to certain real property located in the City ofDelray Beach,
Palm Beach County, Florida, more particularly described on Exhibit A attached hereto (the "Land");
WHEREAS, City and Owner are parties to that certain Public Parking Construction and
Conveyance and Worthing Park Contribution Agreement, dated November _, 1999 (the "Parking
Facility Agreement" or "PPF");
WHEREAS, City is specifically identified as a third party beneficiary ofthe CRA Agreement
and CRA is specifically identified as a third party beneficiary of the Parking Facility Agreement;
WHEREAS, pursuant to various provisions ofthe CRA Agreement, and the Parking Facility
Agreement, between or among the parties hereto (the "Project Agreements"), Owner is obligated
construct a public parking facility (the "Parking Facility") on that certain land located in Palm Beach
County, Florida, more particularly described on Exhibit B attached hereto (the "Parking Garage
Parcel"), and to convey the Parking Facility and Parking Garage Parcel to City; and
WHEREAS, Guarantor has agreed to guarantee the payment and performance obligations of
Owner in connection with the construction of the Parking Facility and conveyance of the Parking
Garage Parcel to City.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the
receipt and adequacy of which are hereby acknowledged the parties agree, as follows:
STATEMENT OF AGREEMENTS
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and as a material inducement to City and CRA to close the CRA
Agreement, Guarantor hereby guarantees to City and CRA, their respective successors,
and assigns, the prompt and full payment and performance of the obligations described
below in this Guaranty (collectively called the "Guaranteed Obliqations"), this Guaranty
being made upon the following terms and conditions:
STATEMENT OF AGREEMENTS
1. Guarantv of Payment and Performance. Guarantor hereby unconditionally
and irrevocably guarantees to City and CRA, their respective successors, and assigns, the
timely performance of all obligations of Owner under the CRA Agreement, Parking Facility
Agreement and Declaration of Restrictions and such other agreements that will be
executed by, between or among the City, CRA, Owner and Owner's Lender Owner at the
closing of the eRA Agreement (hereinafter collectively referred to as "Guaranteed
Obligations Documents") including without limiting the generality of the foregoing:
(a) that the Parking Facility (as defined in the Parking Facility Agreement) will be
timely constructed in accordance with the approved Plans;
(b) that the Parking Garage Parcel will be conveyed to the City lien-free (subject
only to the matters described in Exhibit "C") and ready for occupancy, on or before the Completion
Date required in the Parking Facility Agreement and Declaration of Restrictions; and
(c) that Owner will duly and punctually perform and observe all other terms,
covenants, and conditions of the Guaranteed Obligations Documents whether according to the
present terms thereof, or pursuant to any extension oftime or to any change or changes in the terms,
covenants, or conditions thereof now or hereafter made or granted.
If any of such obligations of Owner are not complied with, in any respect whatsoever, and
without the necessity of any notice from City or CRA to Guarantor, Guarantor agrees to (i) assume
all responsibility for the timely completion ofthe Parking Facility and, at Guarantor's own cost and
expense, cause the Parking Facility to be fully completed in accordance with the Plans; (ii) pay all
bills in connection with the construction of the Parking Facility; and (iii) indemnify and hold City
and CRA harmless from any and all loss, cost, liability or expense that City or CRA may suffer by
reason of any such non-compliance. If after the occurrence of an Owner Default, after the expiration
of any applicable notice and cure periods, if any, and without limiting City's and CRA's rights and
remedies, City or CRA, in its sole and reasonable discretion, is dissatisfied with the progress of
construction by Owner and/or Guarantor, City or CRA may, at its option, without notice to
Guarantor or anyone else, complete the Parking Facility either before or after exercise of any other
right or remedy of City and CRA against Owner or Guarantor, with such changes or modifications in
the Plans as City or CRA reasonably deems necessary and expend such sums as City or CRA, in its
sole and reasonable discretion, deems necessary or advisable to complete the Parking Facility, and
Guarantor hereby waives any right to contest any such expenditures by City or CRA. The amount of
any and all expenditures made by City or CRA for the foregoing purposes shall bear interest from the
date made until repaid to City or CRA, at a rate per annum equal to eighteen percent (18%) and,
together with such interest, shall be due and payable by Guarantor to City or CRA within ten (10)
days of receipt of written demand therefor. City or CRA do not have and shall never have any
obligation to complete the Parking Facility or take any such action.
2. Primary Liability of Guarantor.
(a) This Guaranty is an absolute, irrevocable and unconditional guaranty of
payment and performance. Guarantor shall be liable for the payment and performance of the
Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and
Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been
entitled under any suretyship laws in effect from time to time, including any right or privilege,
whether existing under statute, at law or in equity, to require City or CRA to take prior recourse or
proceedings against any Owner.
(b) Guarantor hereby agrees that in the event of (i) default by Owner in payment
or performance of the Guaranteed Obligations, or any part thereof, when such indebtedness or
performance becomes due, beyond any applicable grace and/or cure period, (ii) other than monetary
obligations, the failure of Guarantor to perform completely and satisfactorily the covenants, terms
and conditions of any ofthe Guaranteed Obligations, provided, however, that Guarantor shall have:
(1) thirty (30) days within which to cure any such default in performance provided Guarantor is
diligently and continuously pursuing such cure; (2) such additional time as maybe necessary to cure
such default if the cure of such default is not capable of being cured within such thirty (30) day
period, provided Guarantor is diligently and continuously pursuing such cure; and (3) in any event,
not greater than forty five (45) days to cure any such default; (iii) the death, incompetency,
dissolution or insolvency of Guarantor; (iv) the inability of Guarantor to pay debts as they mature;
(v) an assignment by Guarantor for the benefit of creditors; (vi) the institution of any proceeding by
or against Guarantor in bankruptcy or for a reorganization or an arrangement with creditors, or for
the appointment of a receiver, trustee or custodian for any of them or for any of their respective
properties which is not dismissed within sixty (60) days of the filing thereof; (vii) the entry of a
judgment (in excess of$25,000) against Guarantor, provided (a) the City and CRA have not received
confirmation from Guarantor's insurance company that payment of same is covered by insurance, or
(b) said judgment, if appealable, is not appealed and transferred to bond or otherwise stayed for
execution, or ( c) upon the entry of a non-appealable order, said judgment is not satisfied within thirty
(30) days of the date of entry of the non-appealable order, or (d) the issuance of any attachment,
sequestration, or similar writ levied upon any of its property which is not discharged within a period
of thirty (30) days; (viii) a writ or order of attachment, levy or garnishment (in excess of $25,000)
against Guarantor which is not satisfied or bonded within thirty (30) days ofthe issuance thereof; or
(ix) the falsity in any material respect of, or any material omission in, any representation made to
City or CRA by Guarantor (individually and collectively, a "Default"); then upon the occurrence of
such Default, the Guaranteed Obligations, for purposes of this Guaranty, shall be deemed
immediately due and payable at the election of City and CRA, and Guarantor shall, on demand and
without presentment, protest, notice of protest, further notice of nonpayment or of dishonor, default
or nonperformance, or notice of acceleration or of intent to accelerate, or any other notice
whatsoever, without any notice having been given to Guarantor previous to such demand of the
acceptance by City and CRA of this Guaranty, and without any notice having been given to
Guarantor previous to such demand of the creating or incurring of such indebtedness or of such
obligation to perform, all such notices being hereby waived by Guarantor, pay the amount due to or
perform or observe the agreement, covenant, term or condition, as the case may be, and pay all
damages and all costs and expenses that may arise in consequence of such Default (including,
without limitation, all reasonable attorneys' fees and expenses, investigation costs, court costs, and
any and all other costs and expenses incurred by City or CRA whether or not suit is filed thereon, or
whether in connection with bankruptcy, insolvency or appeal. It shall not be necessary for City or
CRA, in order to enforce such payment or performance by Guarantor, first to institute suit or pursue
or exhaust any rights or remedies against Owner or others liable on such indebtedness or for such
performance, or to enforce any rights against any security that shall ever have been given to secure
such indebtedness or performance, or to join Owner or any others liable for the payment or
performance ofthe Guaranteed Obligations or any part thereofin any action to enforce this Guaranty,
or to resort to any other means of obtaining payment or performance ofthe Guaranteed Obligations.
(c) Suit may be brought or demand may be made against Owner or against all
parties who have signed this Guaranty or any other guaranty covering all or any part of the
Guaranteed Obligations, or against anyone or more of them, separately or together, without impairing
the rights of City or CRA against any party hereto. Any time that City or CRA is entitled to exercise
its rights or remedies hereunder, it may in its discretion elect to demand payment and/or
performance. If City or CRA elects to demand performance, it shall at all times thereafter have the
right to demand payment until all of the Guaranteed Obligations have been paid and performed in
full. If City or CRA elects to demand payment, it shall at all times thereafter have the right to
demand performance until all ofthe Guaranteed Obligations have been paid and performed in full.
3. Certain Ae:reements And Waivers Bv Guarantor.
(a) Guarantor hereby agrees that neither City's or CRA's rights or remedies nor
Guarantor's obligations under the terms of this Guaranty shall be released, diminished, impaired,
reduced or affected by anyone or more ofthe following events, actions, facts or circumstances, and
the liability of Guarantor under this Guaranty shall be absolute and unconditional irrespective of:
(1) any limitation ofliabi1ity orrecourse in any other agreement or arising
under any law;
(2) any claim or defense that this Guaranty was made without
consideration or is not supported by adequate consideration;
(3) the taking or accepting of any other security or guaranty for, or right of
recourse with respect to, any or all of the Guaranteed Obligations;
(4) any homestead exemption or any other exemption under applicable
law;
(5) any release, surrender, abandonment, exchange, alteration, sale or
other disposition, subordination, deterioration, waste, failure to protect or preserve,
impairment or loss of, or any failure to create or perfect any lien or security interest with
respect to, or any other dealings with, any collateral or security at any time existing or
purported, believed or expected to exist in connection with any or all of the Guaranteed
Obligations, including any impairment of Guarantor's recourse against any Person or
collateral;
(6) whether express or by operation of law, any partial release of the
liability of Guarantor hereunder, or if one or more other guaranties are now or hereafter
obtained by City or CRA covering all or any part of the Guaranteed Obligations, any
complete or partial release of anyone or more of such guarantors under any such other
guaranty, or any complete or partial release of Owner or any other party liable, directly or
indirectly, for the payment or performance of any or all of the Guaranteed Obligations;
(7) the death, insolvency, bankruptcy, disability, dissolution, liquidation,
termination, receivership, reorganization, merger, consolidation, change ofform, structure or
ownership, sale of all assets, or lack of corporate, partnership or other power of Owner or any
other party at any time liable for the payment or performance of any or all of the Guaranteed
Obligations;
(8) either with or without notice to or consent of Guarantor: any renewal,
extension, modification, supplement, subordination or rearrangement ofthe terms of any or
all of the Guaranteed Obligations, including, without limitation, material alterations ofthe
terms of payment (including changes in maturity date( s) and interest rate( s)) or performance
(including changes in the Plans and other terms or aspects of construction of the Parking
Facility) or any other terms thereof, or any waiver, termination, or release of, or consent to
departure from, of any or all ofthe Guaranteed Obligations, or any adjustment, indulgence,
forbearance or compromise that may be granted from time to time by City or CRA to Owner,
Guarantor, and/or any other Person at any time liable for the payment or performance of any
or all ofthe Guaranteed Obligations;
(9) any neglect, lack of diligence, delay, omission, failure or refusal of
City or CRA to take or prosecute (or in taking or prosecuting) any action for the collection or
enforcement of any of the Guaranteed Obligations, or to foreclose or take or prosecute any
action to foreclose (or in foreclosing or taking or prosecuting any action to foreclose) upon
any security therefor, or to exercise (or in exercising) any other right or power with respect to
any security therefor, or to take or prosecute (or in taking or prosecuting) any action in
connection with any Guaranteed Obligations or any failure to sell or otherwise dispose of in a
commercially reasonable manner any collateral securing any or all of the Guaranteed
Obligations;
(10) any failure of City or CRA to notify Guarantor of any creation,
renewal, extension, rearrangement, modification, supplement, subordination or assignment of
the Guaranteed Obligations or any part thereof, or of any release of or change in any security,
or of any other action taken or refrained from being taken by City or CRA against Owner or
any security or other recourse, or of any new agreement between City and CRA and Owner, it
being understood that City or CRA shall not be required to give Guarantor any notice of any
kind under any circumstances with respect to or in connection with the Guaranteed
Obligations except as expressly provided herein, any and all rights to notice Guarantor may
otherwise have had which are not required hereunder being hereby waived by Guarantor, and
Guarantor shall be responsible for obtaining for itself information regarding Owner,
including, but not limited to, any changes in the business or financial condition of Owner,
and Guarantor acknowledges and agrees that City and CRA shall have no duty to notify
Guarantor of any information which City and CRA may have concerning Owner;
(11) the making of advances by City and CRA to protect its interest in the
Parking Facility or for the purpose of performing any term or covenant contained in any of
the Guaranteed Obligations Documents;
(12) the existence of any claim, counterclaim, set-off or other right that
Guarantor may at any time have against Owner, City and CRA, or any other Person, whether
or not arising in connection with this Guaranty or the Guaranteed Obligations Documents.
(13) any right or claim of right to cause a marshaling of any of Owner's
assets or the assets of any other party now or hereafter held as security for the Guaranteed
Obligations; the defense of the statute of limitations in any action hereunder or for the
payment of the Guaranteed Obligations and performance of any obligation hereby
guaranteed; any defense that may arise by reason ofthe incapacity, lack of authority, death or
disability of Guarantor, or Owner or any other person or entity, or the voluntary or
involuntary dissolution of Owner or Guarantor, or the failure of City and CRA to file or
enforce a claim against the estate (either in administration, bankruptcy or any other
proceeding) of Owner or any other person or entity; any defense based on the failure of City
or CRA to give notice of the existence, creation or incurring of any new or additional
Guaranteed Obligations or obligation, or of any action or nonaction on the part of any other
person whomsoever, or any modification of the terms of the Guaranteed Obligations
Documents, or the Guaranteed Obligations, in connection with any obligation hereby
guaranteed; any defense based upon an election of remedies by City or CRA which destroys
or otherwise impairs any subrogation rights of Guarantor or the right of Guarantor to proceed
against Owner or any other guarantor for reimbursement, or both; any defense based upon
failure of City or CRA to commence an action against Owner; any defense based upon
acceptance of this Guaranty by City and CRA; any defense based upon the invalidity or
unenforceabi1ity of any of the Guaranteed Obligations Documents; or any defense based
upon any limitation ofliability contained in any ofthe Guaranteed Obligations Documents;
any defense based upon any transfer by Owner of all or any part of the Garage Parcel
(14) any order, ruling or plan of reorganization emanating from
proceedings under Title 11 ofthe United States Code with respect to Owner or any other
Person, including any extension, reduction, composition or other alteration of the
Guaranteed Obligations, whether or not consented to by City or CRA; or
(15) any other condition, event, omission or action that would in the
absence of this paragraph result in the release or discharge of the Guarantor from the
performance or observance of any obligation, covenant or agreement contained in this
Guaranty or any other agreement, other than based upon the full and indefeasible
satisfaction of all Guaranteed Obligations.
(b) In the event any payment or performance by Owner, Guarantor or any
other Person to City or CRA is held to constitute a preference, fraudulent transfer or other
voidable payment under any bankruptcy, insolvency or similar law, or if for any other reason
City or CRA is required to refund such payment or pay the amount thereofto any other party,
such payment by Owner, Guarantor or any other party to City or CRA shall not constitute a
release of Guarantor from any liability hereunder, and this Guaranty shall continue to be
effective or shall be reinstated (notwithstanding any prior release, surrender or discharge by
City or CRA of this Guaranty or of Guarantor), as the case maybe, with respect to, and this
Guaranty shall apply to, any and all amounts so refunded by City or CRA or paid by City or
CRA to another Person (which amounts shall constitute part ofthe Guaranteed Obligations),
and any interest paid by City or CRA and any reasonable attorneys' fees, costs and expenses
paid or incurred by City and CRA in connection with any such event. It is the intent of
Guarantor and City and CRA that the obligations and liabilities of Guarantor hereunder are
absolute and unconditional under any and all circumstances and that until the Guaranteed
Obligations are fully and finally paid and performed, and not subject to refund or
disgorgement, the obligations and liabilities of Guarantor hereunder shall not be discharged
or released, in whole or in part, by any act or occurrence that might, but for the provisions of
this Guaranty, be deemed a legal or equitable discharge or release of a guarantor. City and
CRA shall be entitled to continue to hold this Guaranty in its possession for a period of one
year from the date the Guaranteed Obligations are paid and performed in full and for so long
thereafter as may be necessary to enforce any obligation of Guarantor hereunder and/or to
exercise any right or remedy of City or CRA hereunder.
(c) Guarantor hereby waives and agrees not to assert or take advantage of
(i) any right or claim of right to cause a marshalling of any of Owner's assets or the assets of
any other party now or hereafter held as security for any indebtedness; (ii) the defense ofthe
statute of limitations in any action hereunder or for the payment of any indebtedness and
performance of any obligation hereby guaranteed; (iii) any defense that may arise by reason
of the incapacity, lack of authority, death or disability of Guarantor, or Owner or any other
person or entity, or the voluntary or involuntary dissolution of Owner or Guarantor, or the
failure of City or CRA to file or enforce a claim against the estate (either in administration,
bankruptcy, or any other proceeding) or Owner or any other person or entity; (iv) any defense
based on the failure of City or CRA to give notice ofthe existence, creation, or incurring of
any new or additional indebtedness or obligation, or of any action or nonaction on the part of
any other person whomsoever, or any modification of the terms of the Guaranteed
Obligations Documents, in connection with any obligation hereby guaranteed; (v) any
defense based upon an election of remedies by City or CRA which destroys or otherwise
impairs any subrogation rights of Guarantor or any other guarantor ofthe Loan or the right of
Guarantor to proceed against Owner or any other guarantor for reimbursement, or both; (vi)
any defense based upon failure of City or CRA to commence an action against Owner; (vii)
any defense based upon acceptance of this Guaranty by City and CRA; (viii) any defense
based upon the invalidity or unenforceability of any of the Guaranteed Obligations
Documents; (ix) any defense based upon any limitation of liability contained in any of the
Guaranteed Obligations Documents, except as expressly provided in this Guaranty; (x) any
defense based upon any transfer by Owner of all or any part of the Garage Parcel; (xi) any
defense based upon the failure of City or CRA to perfect any security or to extend or renew
the perfection of any security; and (xii) any other legal or equitable defenses whatsoever to
which Guarantor might otherwise be entitled, other than based upon the full and indefeasible
satisfaction of all Guaranteed Obligations.
4. Subordination. If, for any reason whatsoever, Owner is now or hereafter becomes
indebted to Guarantor:
( a) such indebtedness and all interest thereon and all liens, security interests and
rights now or hereafter existing with respect to property of Owner securing such indebtedness shall,
at all times, be subordinate in all respects to the Guaranteed Obligations and to all liens, security
interests and rights now or hereafter existing to secure the Guaranteed Obligations;
(b) Guarantor shall not be entitled to enforce or receive payment, directly or
indirectly, of any such indebtedness of Owner to Guarantor until the Guaranteed Obligations have
been fully and finally paid and performed;
5. Lender Assie:ns. This Guaranty is for the benefit of City and CRA, and their
successors and assigns, and in the event of an assignment ofthe Guaranteed Obligations, or any part
thereof, the rights and benefits hereunder, to the extent applicable to the Guaranteed Obligations so
assigned, may be transferred with such Guaranteed Obligations. Guarantor waives notice of any
transfer or assignment of the Guaranteed Obligations, or any part thereof, and agrees that failure to
give notice of any such transfer or assignment will not affect the liabilities of Guarantor hereunder.
6. Bindine: Effect. This Guaranty is binding not only on Guarantor, but also on
Guarantor's heirs, personal representatives, successors and assigns. Upon the death of Guarantor, if
Guarantor is a natural person, this Guaranty shall continue against Guarantor's estate as to all ofthe
Guaranteed Obligations, including that portion of same incurred or arising after the death of
Guarantor, and shall be provable in full against Guarantor's estate, whether or not the Guaranteed
Obligations are then due and payable. Ifthis Guaranty is signed by more than one Person, then all of
the obligations of Guarantor arising hereunder shall be jointly and severally binding on each of the
undersigned, and their respective heirs, personal representatives, successors and assigns, and the term
"Guarantor" shall mean all of such Persons and each of them individually.
7. Governine: Law: Forum: Consent to Jurisdiction. This Guaranty is an agreement
executed under seal. The validity, enforcement, and interpretation of this Guaranty shall for all
purposes be governed by and construed in accordance with the laws of the State of Florida and
applicable United States federal law, and the performance hereof is intended to be done in
accordance with, and only to the extent permitted by, such laws. All obligations of Guarantor
hereunder are payable and performable at the place or places where the Guaranteed Obligations are
payable and performable. Guarantor hereby irrevocably submits generally and unconditionally for
Guarantor and in respect of Guarantor's property to the nonexclusive jurisdiction of any state court,
or any United States federal court, sitting in Palm Beach County, Florida, and to the jurisdiction of
any state or United States federal court sitting in Palm Beach County, Florida, over any suit, action or
proceeding arising out of or relating to this Guaranty or the Guaranteed Obligations. Guarantor
hereby irrevocably waives, to the fullest extent permitted by law, any objection that Guarantor may
now or hereafter have to the laying of venue in any such court and any claim that any such court is an
inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court
shall be conclusive and binding upon Guarantor and may be enforced in any court in which
Guarantor is subject to jurisdiction. Guarantor hereby agrees and consents that, in addition to any
methods of service of process provided for under applicable law, all service of process in any such
suit, action or proceeding in any state court, or any United States federal court, sitting in the state
specified in the first sentence of this Section may be made by certified or registered mail, return
receipt requested, directed to Guarantor at the address set forth at the end of this Guaranty, or at a
subsequent address ofwhich City or CRA receives actual notice from Guarantor in accordance with
the notice provisions hereof, and service so made shall be complete five (5) days after the same shall
have been so mailed. Nothing herein shall affect the right of City or CRA to serve process in any
manner permitted by law or limit the right of City or CRA to bring proceedings against Guarantor in
any other court or jurisdiction. Guarantor hereby releases, to the extent permitted by applicable law,
all errors and all rights of exemption, appeal, stay of execution, inquisition, and other rights to which
Guarantor may otherwise be entitled under the laws ofthe United States of America or any state or
possession of the United States of America now in force or which may hereinafter be enacted. The
authority and power to appear for and enter judgment against the Guarantor shall not be exhausted by
one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by
any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or
from time to time in the same or different jurisdiction as often as the City or CRA shall deem
necessary and desirable.
8. Invalidity of Certain Provisions. Ifanyprovision of this Guaranty or the application
thereof to any Person or circumstance shall, for any reason and to any extent, be declared to be
invalid or unenforceable, neither the remaining provisions of this Guaranty nor the application of
such provision to any other Person or circumstance shall be affected thereby, and the remaining
provisions ofthis Guaranty, or the applicability of such provision to other Persons or circumstances,
as applicable, shall remain in effect and be enforceable to the maximum extent permitted by
applicable law.
9. Attorneys' Fees and Costs of Collection. Guarantor shall pay on demand all
reasonable attorneys' fees and all other costs and expenses incurred by City or CRA in the
enforcement of or preservation of City and CRA's rights under this Guaranty, including, without
limitation, all reasonable attorneys' fees and expenses, investigation costs and all court costs,
whether or not suit is filed hereon, or whether at maturity or by acceleration, or whether before or
after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in
connection with the collection and enforcement ofthis Guaranty against any other Guarantor, ifthere
be more than one. Guarantor agrees to pay interest on any expenses or other sums due to City and
CRA under this Section 9 that are not paid when due, at a rate per annum equal to Eighteen Percent
(18%). Guarantor's obligations and liabilities under this Section 9 shall survive any payment or
discharge in full of the Guaranteed Obligations.
10. Payments. All sums payable under this Guaranty shall be paid in lawful money of the
United States of America that at the time of payment is legal tender for the payment of public and
private debts.
11. Representations. Warranties and Covenants of Guarantor. Guarantor hereby
represents, warrants, and covenants that (a) Guarantor has a financial interest in Owner and will
derive a material and substantial benefit, directly or indirectly, from the construction ofthe Parking
Facility and from the making ofthis Guaranty by Guarantor; (b) this Guaranty is duly authorized and
valid, and is binding upon and enforceable against Guarantor; (c) Guarantor is not, and the execution,
delivery and performance by Guarantor ofthis Guaranty will not cause Guarantor to be, in violation
of or in default with respect to any law or in default (or at risk of acceleration of indebtedness) under
any agreement or restriction by which Guarantor is bound or affected; (d) Guarantor is an adult
resident of the State of Florida; (e) Guarantor will indemnify City and CRA from any loss, cost or
expense as a result of any representation or warranty of Guarantor being false, incorrect, incomplete
or misleading in any material respect; (f) other than as disclosed to and approved by City and CRA,
there is no litigation pending or, to the knowledge of Guarantor, overtly threatened before or by any
tribunal against or affecting Guarantor which would have the effect of materially and adversely
affecting the financial condition of Guarantor; (g) after giving effect to this Guaranty, Guarantor is
solvent, is not engaged or about to engage in business or a transaction for which the property of
Guarantor is an unreasonably small capital, and does not intend to incur or believe that it will incur
debts that will be beyond its ability to pay as such debts mature; (h) neither City or CRA has any duty
at any time to investigate or inform Guarantor of the financial or business condition or affairs of
Owner or any change therein; (i) Guarantor acknowledges and agrees that Guarantor may be required
to pay and perform the Guaranteed Obligations in full without assistance or support from Owner or
any other Person; and (j) Guarantor has read and fully understands the provisions contained in the
Guaranteed Obligations Agreement. Guarantor's representations, warranties and covenants are a
material inducement to City and CRA to close the CRA Agreement and it shall survive the execution
hereof and any bankruptcy, foreclosure, transfer of security or other event affecting Owner,
Guarantor, any other party, or any security for all or any part of the Guaranteed Obligations.
12. LiauiditvlNet Worth Covenant. Guarantor shall at all times during the term of
this Guaranty maintain an aggregate tangible net worth of no less than $25,000,000.00.
Furthermore, Guarantor shall maintain unrestricted and unencumbered liquid assets in aggregate
amounts as follows:
(i) Effective as of the delivery of this Guaranty, and thereafter until June 30, 2006,
Guarantor shall maintain unrestricted and unencumbered liquid assets aggregating no
less than $4,000,000.00; and
(ii) Beginning June 30, 2006, Guarantor shall maintain unrestricted and unencumbered
liquid assets aggregating no less than $5,000,000.00.
13. Notices. All notices, requests, consents, demands and other communications required
or which any party desires to give hereunder or under any other Guaranteed Obligations Document
shall be in writing and, unless otherwise specifically provided in such other Guaranteed Obligations
Document, shall be deemed sufficiently given or furnished if delivered by personal delivery by
nationally recognized overnight courier service, or by registered or certified United States mail,
postage prepaid, addressed to the party to whom directed at the addresses specified in this Guaranty
(unless changed by similar notice in writing given by the particular party whose address is to be
changed) or by telegram, telex, or facsimile. Any such notice or communication shall be deemed to
have been given either at the time of personal delivery or, in the case of courier or mail, as ofthe date
of first attempted delivery at the address and in the manner provided herein, or, in the case of
telegram, telex or facsimile, upon receipt; provided that, service of a notice required by any
applicable statute shall be considered complete when the requirements of that statute are met.
Notwithstanding the foregoing, no notice of change of address shall be effective except upon actual
receipt. This Section shall not be construed in any way to affect or impair any waiver of notice or
demand provided in this Guaranty or in any Guaranteed Obligations Document or to require giving
of notice or demand to or upon any Person in any situation or for any reason.
14. Cumulative Riehts. The exercise by City or CRA of any right or remedy hereunder
or under any other Guaranteed Obligations Document, or at law or in equity, shall not preclude the
concurrent or subsequent exercise of any other right or remedy. City and CRA shall have all rights,
remedies and recourses afforded to City or CRA by reason of this Guaranty or any other Guaranteed
Obligations Document or by law or equity or otherwise, and the same (a) shall be cumulative and
concurrent, (b) may be pursued separately, successively or concurrently against Guarantor or others
obligated for the Guaranteed Obligations, or any part thereof, or against anyone or more ofthem, or
against any security or otherwise, at the sole and absolute discretion of City or CRA, (c) may be
exercised as often as occasion therefor shall arise, it being agreed by Guarantor that the exercise of,
discontinuance ofthe exercise of or failure to exercise any of such rights, remedies or recourses shall
in no event be construed as a waiver or release thereof or of any other right, remedy or recourse, and
(d) are intended to be, and shall be, nonexclusive. No waiver of any default on the part of Guarantor
or of any breach of any of the provisions of this Guaranty or of any other document shall be
considered a waiver of any other or subsequent default or breach, and no delay or omission in
exercising or enforcing the rights and powers granted herein or in any other document shall be
construed as a waiver of such rights and powers, and no exercise or enforcement of any rights or
powers hereunder or under any other document shall be held to exhaust such rights and powers, and
every such right and power may be exercised from time to time. The granting of any consent,
approval or waiver by City or CRA shall be limited to the specific instance and purpose therefor and
shall not constitute consent or approval in any other instance or for any other purpose. No notice to
or demand on Guarantor in any case shall of itself entitle Guarantor to any other or further notice or
demand in similar or other circumstances. No provision of this Guaranty or any right, remedy or
recourse of City and CRA with respect hereto, or any default or breach, can be waived, nor can this
Guaranty or Guarantor be released or discharged in any way or to any extent, except specifically in
each case by a writing intended for that purpose (and which refers specifically to this Guaranty)
executed, and delivered to Guarantor, by City and CRA.
15 Term of Guarantv. This Guaranty shall continue in effect until all the Guaranteed
Obligations are fully and finally paid, performed and discharged, except that, and notwithstanding
any return of this Guaranty to Guarantor, this Guaranty shall continue in effect with respect to all
obligations and liabilities of Guarantor under Section 9, and as provided in Section 3(b).
16. Further Assurances. Guarantor at Guarantor's expense will promptly execute and
deliver to City and CRA upon City or CRA's request all such other and further documents,
agreements and instruments in compliance with or accomplishment of the agreements of Guarantor
under this Guaranty.
17. No Fiduciary Relationship. City and CRA have no fiduciary or other special
relationship with or duty to Guarantor and none is created hereby or may be inferred from any course
of dealing or act or omission of City or CRA.
18. Interpretation. Whenever the context of any provisions hereof shall require it, words
in the singular shall include the plural, words in the plural shall include the singular, and pronouns of
either gender shall include the other gender. Captions and headings in the Guaranteed Obligation
Documents are for convenience only and shall not affect the construction of the Guaranteed
Obligations Documents. All references in this Guaranty to Schedules, Articles, Sections,
Subsections, paragraphs and subparagraphs refer to the respective subdivisions of this Guaranty,
unless such references specifically identify other documents. The terms "herein," "hereof," "hereto,"
"hereunder" and similar terms refer to this Guaranty and not to any particular Section or Subsection
of this Guaranty. The terms "include" and "including" shall be interpreted as if followed by the
words "without limitation." All references in this Guaranty to sums denominated in dollars or with
the symbol "$" refer to the lawful currency ofthe United States of America, unless such references
specifically identify other currencies. For purposes of this Guaranty, "Person" or "Persons" shall
include firms, associations, partnerships (including limited partnerships), joint ventures, trusts,
corporations, limited liability companies and other legal entities, including governmental bodies,
agencies or instrumentalities, as well as natural persons.
19. Time of Essence. Time shall be ofthe essence in this Guaranty with respect to all of
Guarantor's obligations hereunder.
20. Counterparts. This Guaranty may be executed in multiple counterparts, each of
which, for all purposes, shall be deemed an original, and all of which taken together shall constitute
but one and the same agreement.
21. Entire Aereement. This Guaranty embodies the entire agreement between City and
CRA and Guarantor with respect to the guaranty by Guarantor ofthe Guaranteed Obligations. This
Guaranty supersedes all prior agreements and understandings, if any, with respect to the guaranty by
Guarantor ofthe Guaranteed Obligations. No condition or conditions precedent to the effectiveness
ofthis Guaranty exist. This Guaranty shall be effective upon execution by Guarantor and delivery to
City and CRA. This Guaranty may not be modified, amended or superseded except in a writing
signed by City and CRA and Guarantor referencing this Guaranty by its date and specifically
identifying the portions hereof that are to be modified, amended or superseded.
22. Waiver of Trial by JUry. CITY, CRA, AND GUARANTOR HEREBY
KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS GUARANTY, AND ANY
AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY
COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR
WRITTEN) OR ACTIONS OF ANY P ARTY. THIS PROVISION IS A MATERIAL
INDUCEMENT FOR CITY AND CRA CLOSING THE CRA AGREEMENT.
Guarantor's Initials
THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR.
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, Guarantor has duly executed this Guaranty under seal as ofthe
date first written above.
GUARANTOR:
WILLIAM E. MORRIS, .JR.
STATE OF FLORIDA
)
COUNTY OF
)
The foregoing instrument was acknowledged before me this day of April,
2006, by WILLIAM E. MORRIS, JR. He is personally known to me or produced
as identification.
Notary State of Florida at Large
Name of Notary
My Commission Expires:
Guarantor's Address for Notices: 1 046 Melaleuca Road
Delray Beach, FL 33483Attn: William E. Morris, Jr. Telephone: (561) 278-
1123Telecopier: (561) 265-5577E-Mail:
The address of City is:
City of Delray Beach
City Attorney's Office
200 N. W. 15t Avenue
Delray Beach, Florida
Telephone: (561) 243-7091
Facsimile: (561) 278-4755
The Address of the CRA is:
City of De1ray Beach Community Redevelopment Agency
20 North Swinton Avenue
De1ray Beach, Florida 33444
PREPARED BY AND RETURN TO:
Steven D. Rubin, Esq.
980 North Federal Highway, Suite 434
Boca Raton, Florida 33432
MEMORANDUM of AGREEMENT
THIS Memorandum of Agreement ("Agreement") is made this _ day of May, 2006, by
BLOCK 77 DEVELOPMENT GROUP, L. c., a Florida limited liability company ("Owner"), and the CITY
OF DELRA Y BEACH, FLORIDA ("City").
WITNESSETH:
WHEREAS, the De1ray Beach Redevelopment Agency ("CRA") and Owner are parties to
that certain Contract for Sale, Purchase and Development Agreement, dated January 11, 2000, as
amended by the seven (7) amendments thereto (collectively the "CRA Agreement"), pursuant to
which Owner has agreed to purchase from CRA, and CRA has agreed to sell to Owner fee simple
title to certain real property located in the City of Del ray Beach, Palm Beach County, Florida, more
particularly described on Exhibit A attached hereto (the "Lands");
WHEREAS, City and Owner are parties to that certain Public Parking Construction and
Conveyance and Worthing Park Contribution Agreement, dated November _, 1999 (the "Parking
Facility Agreement" or "PPF");
WHEREAS, City is specifically identified as a third party beneficiary of the CRA Agreement
and CRA is specifically identified as a third party beneficiary ofthe Parking Facility Agreement;
WHEREAS, pursuant to various provisions ofthe CRA Agreement and the Parking Facility
Agreement, Owner is obligated construct a public parking facility (the "Parking Facility") on that
certain land located in Palm Beach County, Florida, more particularly described on Exhibit B
attached hereto (the "Parking Garage Parcel"), and to convey the Parking Facility and Parking
Garage Parcel to City; and
WHEREAS, a portion ofthe Land the CRA shall convey to the Owner is either owned in fee
simple by the City or it consists of alleys which abut the lands owned in fee simple by the City; the
City is obligated to convey that portion ofthe Land which it owns in fee simple (hereinafter referred
to as the "Fee Title Lands" (which is identified in Exhibit "c" and is made a part hereof) to the CRA
by Special Warranty Deed, and is obligated to abandon that portion ofthe Land which consists ofthe
IIa.YE 1 0<1> 1
alleys abutting the Fee Title Lands (hereinafter referred to as the "Alley Lands" which is identified in
Exhibit "D" and is made a part hereof); and together, the Fee Simple Title Lands and the Alley Lands
have been identified in the CRA Agreement as the "City Lands"; and
WHEREAS, the City shall convey by Special Warranty Deed the Fee Title Lands to the
CRA;and
WHEREAS, the City shall abandon the Alley Lands within thirty (30) days after the closing
of the CRA Agreement; and
WHEREAS, Owner has agreed that the City Lands shall be subject to the City's right of
reverter/reconveyance as described in the PPF and CRA Agreement; and
WHEREAS, City and Owner are entering into this Memorandum of Agreement to confirm
and acknowledge the existence of the City's right of reverter/reconveyance in the City Lands and
Owner's obligation to convey the Parking Garage Parcel to the City upon completion ofthe Parking
Facility.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the
receipt and adequacy of which are hereby acknowledged the parties agree, as follows:
1. Owner acknowledges and agrees that the City has a right of reconveyance/reverter
(hereinafter referred to as "the City's right of reverter") with respect to the City Lands and that
Owner is obligated to convey the Parking Garage Parcel to the City when the Public Parking Facility
is completed. Such rights and obligations are more fully described in the PPF, as modified by the
CRA Agreement, both of which are incorporated by reference herein and made a part hereof.
2. The legal description ofthe "Existing Public Parking Spaces" as defined in the CRA
Agreement and PPF shall be deemed to be the same as the "City Lands" (i.e the Fee Title Lands and
the Alley Lands). The City's right of reverter and Owner's obligation to convey the Parking Garage
Parcel to the City, together with such other rights and obligations of the City and Owner,
respectively, which are described in the PPF and CRA Agreement and which will be performed or
are intended to be performed after the closing ofthe CRA Agreement, shall not merge into the deeds
of conveyance from the City to CRA or from the CRA to Owner, or by the abandonment of the Alley
Lands by the City.
3. Owner agrees that upon abandonment ofthe Alley Lands by the City, Owner's title to
the Alley Lands shall be subj ect to the City's right of reverter, and upon conveyance by the CRA of
the Fee Title Lands to the Owner, Owner's title to the Fee Title Lands shall be subject to the City's
right of reverter.
4. This Memorandum shall be recorded in the Public Records of Palm Beach County,
Florida to provide notice to the public ofthe City's right, title and interest in and to the City Lands
IIa.YE 2 0<1> 2
and the Parking Garage Parcel after closing of the CRA Agreement, conveyance of the Fee Title
Lands to the CRA, conveyance of the City Lands to the Owner by the CRA, and the abandonment of
the Alley Lands by the City.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _ day of
,2006.
Block 77 Development Group, L.c.,a Florida
limited liability company
Witness
Print name of witness
Witness
BY
William E. Morris, Jr., Manager
Print name of witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of , 2006,
by William E. Morris, Jr., as Manager of Block 77 Development Group, L.c., a Florida limited
liability company, on behalf of said limited liability company,.He is personally known to me or has
produced as identification.
My Commission Expires:
Notary Public
CITY OF DELRA Y BEACH
Date:
By:
Jeff Perlman, Mayor, Buyer
STATE OF FLORIDA
COUNTY OF PALM BEACH
IIaYE 3 0<1> 3
The foregoing instrument was acknowledged before me this day of ,2006,
by Jeff Perlman, Mayor, City of Delray Beach. He is personally known to me or has produced
as identification.
My Commission Expires:
Notary Public
Attested by:
Printed Name
City Clerk
IIaYE 4 0<1> 4
PARKING LEASE ESTOPPEL CERTIFICATE
THIS PARKING LEASE ESTOPPEL CERTIFICATE (this "Certificate") is made this
_ day of May, 2006, by BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited
liability company ("Borrower"), DELRA Y BEACH COMMUNITY DEVELOPMENT
AGENCY ("CRA"), the CITY OF DELRA Y BEACH, FLORIDA ("City"), and OXFORD
BUSINESS CORPORATION, a Florida corporation ("Oxford"), in favor of AMSOUTH BANK,
an Alabama state chartered bank, as agent ("Administrative Agent") for the benefit of the
AmSouth Bank and KeyBank National Association, as co-lead lenders, and the other lenders
("Lenders") from time to time a party to that certain Construction Loan Agreement (the "Loan
Agreement") of even date herewith among Borrower, Administrative Agent, and such Lenders.
WITNESSETH:
WHEREAS, CRA and Borrower are parties to that certain Contract for Sale, Purchase
and Development Agreement, dated January 11, 2000 (as heretofore amended, the "CRA
Agreement");
WHEREAS, City and Borrower are parties to that certain Public Parking Construction
and Conveyance and Worthing Park Contribution Agreement, dated November _' 1999 (the
"Parking Faci1itv Agreement");
WHEREAS, Oxford, as successor-in-interest to Sun Atlantic Properties, L.L.C. ("Sun"),
and Borrower are parties to that certain Exchange Agreement, dated June 26,2002 (as heretofore
amended, the "Exchange Agreement");
WHEREAS, pursuant to various provisions of the CRA Agreement, the Parking Facility
Agreement, and the Exchange Agreement, and other related agreements between or among the
parties hereto (the "Proiect Agreements"), Borrower has agreed to construct a public parking
facility (the "Parking Facility") on that certain land located in Palm Beach County, Florida, more
particularly described on Exhibit A attached hereto (the "Parking Garage Parcel"), lease certain
space in the Parking Facility to Oxford, and convey the Parking Facility to City, subject to such
lease;
WHEREAS, Oxford, as successor-in-interest to Sun, and Borrower are parties to that
certain Parking Space Lease, dated March 30, 2003, as amended by that certain Amendment to
Parking Space Lease, dated March 5, 2005, evidenced by that certain Memorandum of Lease,
dated , 2006, affected by that certain undated Parking Space Lease Support
Agreement, and further affected by that certain Amendment Number One to Parking Space
Lease Support Agreement, dated March 5, 2005 (collectively, the "Parking Lease"), relating to
the Parking Facility and the Parking Garage Parcel;
WHEREAS, Lenders have agreed to make a secured mortgage loan (the "Loan") to
Borrower as evidenced by promissory notes in the principal aggregate amount of Eighty Four
Million Seven Hundred Fifty Thousand Dollars ($84,750,000.00) to finance, among other things,
the construction of the Parking Facility; and
TAMP _416094.2
WHEREAS, Administrative Agent and Lenders require, as a condition to the making and
maintaining of the Loan, that the parties hereto execute and deliver this Certificate and the
parties hereto desire to execute and deliver this Certificate to confirm their agreements with
respect to the foregoing.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration,
the receipt and adequacy of which are hereby acknowledged, and with the understanding that
Administrative Agent and Lenders shall rely hereon in making and maintaining the Loan,
Borrower, CRA, City, and Oxford covenant for the benefit of Administrative Agent and Lenders
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference
2. Certifications. The parties hereto certify, confirm, and agree as follows:
(a) A true, correct, and complete copy of the Parking Lease is attached hereto
as Exhibit B; there are no amendments or modifications of any kind to the Parking Lease except
as referenced thereon; and there are no other promises, agreements, understandings, or
commitments between or among the parties hereto regarding the leasing of parking spaces in the
Parking Facility to or by Oxford.
(b) No default, event of default, or breach exists under the Parking Lease, and
no facts or circumstances exist that, with the passage of time or the giving of notice, or both, will
or could constitute a default, event of default, or breach under the Parking Lease.
(c) The Parking Lease has been, and is, approved in all respects by all of
Borrower, CRA, City, and Oxford, and is hereby ratified and affirmed in its entirety.
(d) The Parking Lease fully satisfies all requirements under the Project
Agreements relating to the provision of parking spaces in the Parking Facility to or for the
benefit of Oxford or its predecessors (including Sun and GRIP), and Oxford specifically agrees
that the delivery of the Parking Lease satisfies all requirements under the Exchange Agreement
as to the delivery of the Lease (as defined in the Exchange Agreement), that all requirements
relating to the form, content, and sufficiency of the Parking Lease under the Exchange
Agreement were merged into the Parking Lease and the delivery thereof, and that no further
documentation is required with respect thereto.
(e) Pursuant to the Parking Lease and the Project Agreements, Oxford is
entitled to the use of exactly fifty-five (55) Full Time Spaces (as defined in the Exchange
Agreement) and forty (40) Part Time Spaces (as defined in the Exchange Agreement) under the
Parking Lease, as more particularly depicted on the Parking Plan (as defined in the Parking
Lease), a true, correct, and complete copy of which is attached hereto as Exhibit C.
(f) Notwithstanding any provision of the Parking Lease to the contrary, the
Commencement Date of the Parking Lease shall be the date that Borrower or City first delivers
possession of the leased Parking Spaces (as defined in the Exchange Agreement) to Oxford,
which delivery may occur prior to the opening of the remainder of the Parking Facility for public
2
TAMP_416094.2
use, which delivery shall be effective upon written notice to Oxford, and which delivery shall
require no affirmative act of acceptance to be effective.
(g) City certifies to Oxford that the Parking Spaces leased to Oxford under the
Parking Lease provide Oxford with not less than City's minimum requirement for parking
necessary for tenants in the Sun Building (as defined in the Parking Lease), and Borrower, City,
and Oxford agree that such certification shall be, and is, deemed to satisfy the condition
precedent set forth in Section 1 of the Parking Lease.
(h) City certifies to Oxford that upon the issuance of a City certificate of
occupancy for the Parking Facility, all necessary licenses, leases, and permits to operate the
Parking Facility as a public parking facility as contemplated by the Parking Lease shall have
been issued, and Borrower and Oxford agree that the issuance of said certificate of occupancy
shall be sufficient to satisfy Sections 15(a)(x) and 15(a)(xi) ofthe Exchange Agreement.
(i) Borrower, CRA, City, and Oxford agree that the Parking Facility shall,
upon completion, be conveyed to City pursuant to the Project Agreements, subject to the Parking
Lease, and that the Parking Lease shall be an acceptable encumbrance to City's title to the
Parking Facility.
(j) Upon City's acceptance of title to the Parking Facility, City shall be
automatically deemed to have consented to and assumed the Parking Lease.
(k) There are no provisions for, and none of the parties hereto has any rights
with respect to the termination of the Parking Lease prior to the completion and conveyance to
City of the Parking Facility, provided, however, the Parking Lease shall automatically terminate
and be deemed void ab initio in the event that Oxford should reacquire title to the SUN Parcel (as
defined in the Exchange Agreement) pursuant to the terms of the Exchange Agreement.
(1) Oxford is the successor in interest to the entire interest of Sun under the
Project Agreements and the Parking Lease.
(m) Each party, by signing this Certificate, certifies that it has full authority to
execute and deliver this Certificate, that the execution, delivery, and performance of this
Certificate, the Project Agreements, and the Parking Lease have each been duly authorized
pursuant to all requisite authority, including any necessary third-party consents, and that this
Certificate, the Project Agreements, and the Parking Lease constitute legal, valid, and binding
obligations of Borrower, CRA, City, and Oxford each enforceable in accordance with its
respective terms.
3. Covenants and Agreements. The parties hereto covenant and agree as follows:
(a) So long as the Loan remains outstanding and Administrative Agent or
Lenders hold a mortgage lien against the Parking Garage Parcel, Borrower, CRA, City, and
Oxford agree that the Parking Lease shall not be modified, amended, or terminated without the
prior written consent of Administrative Agent and that any of the foregoing actions taken without
Administrative Agent's consent shall not be binding upon Administrative Agent or Lenders.
3
TAMP _416094.2
(b) The provisions of this Certificate shall be binding upon and inure to the
benefit of Borrower, CRA, City, Oxford, Administrative Agent, and Lenders and their respective
successors and assigns.
(c) Each certification, confirmation, agreement or representation made by any
party to this Certificate is, and shall be deemed to be; made only with respect to such party, and
not with respect to any other party to this Certificate.
(d) This Certificate shall be governed by and construed in accordance with the
laws of the State of Florida.
( e) This Certificate may be executed in several counterparts each of which
when executed and delivered is an original, but all of which together shall constitute one
instrument.
(f) Signatures transmitted by facsimile transmission or otherwise appearing
on a facsimile transmission of this Certificate shall be treated in all manner and respects and
have the same binding legal effect as original signatures. The parties hereto hereby agree that
none shall raise the use of a facsimile machine as a defense to the enforceability of this
Certificate and forever waive such defense
[ The remainder of this page has been intentionally left blank. ]
4
TAMP_416094.2
IN WITNESS WHEREOF, Borrower, CRA, City, and Oxford have executed this
Certificate as of the date first above written.
Witnesses:
BORROWER
BLOCK 77 DEVELOPMENT GROUP, L.c.,
a Florida limited liability company
By:
Print Name:
William E. Morris, Jr.
Manager
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
William E. Morris, Jr., as Manager of Block 77 Development Group, L.C., a Florida limited liability
company, on behalf of said limited liability company. He is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
5
TAMP _416094.2
CRA
DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by _
, as of Delray Beach Community Redevelopment
Agency, on behalf of said Agency. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
6
TAMP_416094.2
CITY
CITY OF DELRA Y BEACH, FLORIDA
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by _
, as of the City of Delray Beach, Florida, on behalf
of said City. He/she is personally known to me or has produced as
identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
7
TAMP _416094.2
OXFORD
OXFORD BUSINESS CORPORATION,
a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
, as of Oxford Business Corporation., a Florida corporation, on
behalf of said corporation. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
8
TAMP_416094.2
EXHIBIT A
The Parkine Garaee Parcel
All of the Plat of WORTHING PLACE BLOCK 69, according to the map or plat thereof as
recorded in Plat Book 105, Page(s) 137, Public Records of Palm Beach County, Florida.
Formerly described as:
Lots 20, 21 and 22, Block 69, Subdivision of Block 69, De1ray, Florida according to the map or
plat thereof as recorded in Plat Book 2, Page 43, Public Records of Palm Beach County, Florida.
Folio Number: 124346 1601 0690200
TAMP _416094.2
EXHIBIT B
The Parkine: Lease
TAMP_416094.2
EXHIBIT C
The Parkin!! Plan
TAMP _416094.2
PARKING LEASE ESTOPPEL CERTIFICATE
THIS PARKING LEASE ESTOPPEL CERTIFICATE (this "Certificate") is made this
_ day of May, 2006, by BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited
liability company ("Borrower"), DELRA Y BEACH COMMUNITY DEVELOPMENT
AGENCY ("CRA"), the CITY OF DELRA Y BEACH, FLORIDA ("City"), and OXFORD
BUSINESS CORPORATION, a Florida corporation ("Oxford"), in favor of AMSOUTH BANK,
an Alabama state chartered bank, as agent ("Administrative Agent") for the benefit of the
AmSouth Bank and KeyBank National Association, as co-lead lenders, and the other lenders
("Lenders") from time to time a party to that certain Construction Loan Agreement (the "Loan
Agreement") of even date herewith among Borrower, Administrative Agent, and such Lenders.
WITNESSETH:
WHEREAS, CRA and Borrower are parties to that certain Contract for Sale, Purchase
and Development Agreement, dated January 11, 2000 (as heretofore amended, the "CRA
Agreement");
WHEREAS, City and Borrower are parties to that certain Public Parking Construction
and Conveyance and Worthing Park Contribution Agreement, dated November _, 1999 (the
"Parking Facilitv Agreement");
WHEREAS, Oxford, as successor-in-interest to Sun Atlantic Properties, L.L.c. ("Sun"),
and Borrower are parties to that certain Exchange Agreement, dated June 26,2002 (as heretofore
amended, the "Exchange Agreement");
WHEREAS, pursuant to various provisions of the CRA Agreement, the Parking Facility
Agreement, and the Exchange Agreement, and other related agreements between or among the
parties hereto (the "Proiect Agreements"), Borrower has agreed to construct a public parking
facility (the "Parking Facility") on that certain land located in Palm Beach County, Florida, more
particularly described on Exhibit A attached hereto (the "Parking Garage Parcel"), lease certain
space in the Parking Facility to Oxford, and convey the Parking Facility to City, subject to such
lease;
WHEREAS, Oxford, as successor-in-interest to Sun, and Borrower are parties to that
certain Parking Space Lease, dated March 30, 2003, as amended by that certain Amendment to
Parking Space Lease, dated March 5, 2005, evidenced by that certain Memorandum of Lease,
dated , 2006, affected by that certain undated Parking Space Lease Support
Agreement, and further affected by that certain Amendment Number One to Parking Space
Lease Support Agreement, dated March 5, 2005 (collectively, the "Parking Lease"), relating to
the Parking Facility and the Parking Garage Parcel;
WHEREAS, Lenders have agreed to make a secured mortgage loan (the "Loan") to
Borrower as evidenced by promissory notes in the principal aggregate amount of Eighty Four
Million Seven Hundred Fifty Thousand Dollars ($84,750,000.00) to finance, among other things,
the construction of the Parking Facility; and
TAMP_416094.2
WHEREAS, Administrative Agent and Lenders require, as a condition to the making and
maintaining of the Loan, that the parties hereto execute and deliver this Certificate and the
parties hereto desire to execute and deliver this Certificate to confirm their agreements with
respect to the foregoing.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration,
the receipt and adequacy of which are hereby acknowledged, and with the understanding that
Administrative Agent and Lenders shall rely hereon in making and maintaining the Loan,
Borrower, CRA, City, and Oxford covenant for the benefit of Administrative Agent and Lenders
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference
2. Certifications. The parties hereto certify, confirm, and agree as follows:
(a) A true, correct, and complete copy of the Parking Lease is attached hereto
as Exhibit B; there are no amendments or modifications of any kind to the Parking Lease except
as referenced thereon; and there are no other promises, agreements, understandings, or
commitments between or among the parties hereto regarding the leasing of parking spaces in the
Parking Facility to or by Oxford.
(b) No default, event of default, or breach exists under the Parking Lease, and
no facts or circumstances exist that, with the passage of time or the giving of notice, or both, will
or could constitute a default, event of default, or breach under the Parking Lease.
(c) The Parking Lease has been, and is, approved in all respects by all of
Borrower, CRA, City, and Oxford, and is hereby ratified and affirmed in its entirety.
(d) The Parking Lease fully satisfies all requirements under the Project
Agreements relating to the provision of parking spaces in the Parking Facility to or for the
benefit of Oxford or its predecessors (including Sun and GRIP), and Oxford specifically agrees
that the delivery of the Parking Lease satisfies all requirements under the Exchange Agreement
as to the delivery of the Lease (as defined in the Exchange Agreement), that all requirements
relating to the form, content, and sufficiency of the Parking Lease under the Exchange
Agreement were merged into the Parking Lease and the delivery thereof, and that no further
documentation is required with respect thereto.
(e) Pursuant to the Parking Lease and the Proj ect Agreements, Oxford is
entitled to the use of exactly fifty-five (55) Full Time Spaces (as defined in the Exchange
Agreement) and forty (40) Part Time Spaces (as defined in the Exchange Agreement) under the
Parking Lease, as more particularly depicted on the Parking Plan (as defined in the Parking
Lease), a true, correct, and complete copy of which is attached hereto as Exhibit C.
(f) Notwithstanding any provision of the Parking Lease to the contrary, the
Commencement Date of the Parking Lease shall be the date that Borrower or City first delivers
possession of the leased Parking Spaces (as defined in the Exchange Agreement) to Oxford,
which delivery may occur prior to the opening of the remainder of the Parking Facility for public
2
TAMP_416094.2
use, which delivery shall be effective upon written notice to Oxford, and which delivery shall
require no affirmative act of acceptance to be effective.
(g) City certifies to Oxford that the Parking Spaces leased to Oxford under the
Parking Lease provide Oxford with not less than City's minimum requirement for parking
necessary for tenants in the Sun Building (as defined in the Parking Lease), and Borrower, City,
and Oxford agree that such certification shall be, and is, deemed to satisfy the condition
precedent set forth in Section 1 ofthe Parking Lease.
(h) City certifies to Oxford that upon the issuance of a City certificate of
occupancy for the Parking Facility, all necessary licenses, leases, and permits to operate the
Parking Facility as a public parking facility as contemplated by the Parking Lease shall have
been issued, and Borrower and Oxford agree that the issuance of said certificate of occupancy
shall be sufficient to satisfy Sections 15(a)(x) and 15(a)(xi) of the Exchange Agreement.
(i) Borrower, CRA, City, and Oxford agree that the Parking Facility shall,
upon completion, be conveyed to City pursuant to the Project Agreements, subject to the Parking
Lease, and that the Parking Lease shall be an acceptable encumbrance to City's title to the
Parking Facility.
(j) Upon City's acceptance of title to the Parking Facility, City shall be
automatically deemed to have consented to and assumed the Parking Lease.
(k) There are no provisions for, and none of the parties hereto has any rights
with respect to the termination of the Parking Lease prior to the completion and conveyance to
City of the Parking Facility, provided, however, the Parking Lease shall automatically terminate
and be deemed void ab initio in the event that Oxford should reacquire title to the SUN Parcel (as
defined in the Exchange Agreement) pursuant to the terms of the Exchange Agreement.
(1) Oxford is the successor in interest to the entire interest of Sun under the
Project Agreements and the Parking Lease.
(m) Each party, by signing this Certificate, certifies that it has full authority to
execute and deliver this Certificate, that the execution, delivery, and performance of this
Certificate, the Project Agreements, and the Parking Lease have each been duly authorized
pursuant to all requisite authority, including any necessary third-party consents, and that this
Certificate, the Proj ect Agreements, and the Parking Lease constitute legal, valid, and binding
obligations of Borrower, CRA, City, and Oxford each enforceable in accordance with its
respective terms.
3. Covenants and Agreements. The parties hereto covenant and agree as follows:
(a) So long as the Loan remains outstanding and Administrative Agent or
Lenders hold a mortgage lien against the Parking Garage Parcel, Borrower, CRA, City, and
Oxford agree that the Parking Lease shall not be modified, amended, or terminated without the
prior written consent of Administrative Agent and that any of the foregoing actions taken without
Administrative Agent's consent shall not be binding upon Administrative Agent or Lenders.
3
TAMP _416094.2
(b) The provisions of this Certificate shall be binding upon and inure to the
benefit of Borrower, CRA, City, Oxford, Administrative Agent, and Lenders and their respective
successors and assigns.
(c) Each certification, confirmation, agreement or representation made by any
party to this Certificate is, and shall be deemed to be; made only with respect to such party, and
not with respect to any other party to this Certificate.
(d) This Certificate shall be governed by and construed in accordance with the
laws of the State of Florida.
(e) This Certificate may be executed in several counterparts each of which
when executed and delivered is an original, but all of which together shall constitute one
instrument.
(f) Signatures transmitted by facsimile transmission or otherwise appearing
on a facsimile transmission of this Certificate shall be treated in all manner and respects and
have the same binding legal effect as original signatures. The parties hereto hereby agree that
none shall raise the use of a facsimile machine as a defense to the enforceability of this
Certificate and forever waive such defense
[ The remainder of this page has been intentionally left blank. ]
4
TAMP _416094.2
IN WITNESS WHEREOF, Borrower, CRA, City, and Oxford have executed this
Certificate as of the date first above written.
Witnesses:
BORROWER
BLOCK 77 DEVELOPMENT GROUP, L.C.,
a Florida limited liability company
By:
Print Name:
William E. Morris, Jr.
Manager
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
William E. Morris, Jr., as Manager of Block 77 Development Group, L.C., a Florida limited liability
company, on behalf of said limited liability company. He is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
5
TAMP _ 416094.2
CRA
DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by _
, as of Delray Beach Community Redevelopment
Agency, on behalf of said Agency. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
6
TAMP _ 416094.2
CITY
CITY OF DELRA Y BEACH, FLORIDA
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by _
, as of the City of Delray Beach, Florida, on behalf
of said City. He/she is personally known to me or has produced as
identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
7
TAMP _ 416094.2
OXFORD
OXFORD BUSINESS CORPORA nON,
a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006, by
, as of Oxford Business Corporation., a Florida corporation, on
behalf of said corporation. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission Expires:
8
TAMP_416094.2
EXHIBIT A
The Parkine: Gara2e Parcel
All of the Plat of WORTHING PLACE BLOCK 69, according to the map or plat thereof as
recorded in Plat Book 105, Page(s) 137, Public Records of Palm Beach County, Florida.
Formerly described as:
Lots 20, 21 and 22, Block 69, Subdivision of Block 69, De1ray, Florida according to the map or
plat thereof as recorded in Plat Book 2, Page 43, Public Records of Palm Beach County, Florida.
Folio Number: 124346 1601 0690200
TAMP_416094.2
EXIDBIT B
The Parkin!! Lease
TAMP _416094.2
EXHIBIT C
The Parkin!! Plan
TAMP_416094.2
QUIT -CLAIM DEED
AND SPECIAL WARRANTY DEED REVERTER LANGUAGE
on the express condition subsequent that if Grantee shall fail to timely complete construction ofthe
Public Parking Facility or fail to convey the Public Parking Facility to Grantor, all in accordance
with that certain Public Parking Facility and Construction and Conveyance and Worthing Park
Contribution Agreement dated November _' 1999, by and between Grantor and Grantee, as
modified by that certain Contract for Sale, Purchase and Development dated January 11, 2000, as
amended by its seven Amendments, by and between Grantor, Grantee and the De1ray Beach
Community Redevelopment Agency, then at such time, the Grantee's estate, title, right, lien, equity
and claim shall terminate completely and all right, title, lien, equity and claim shall thereupon revert
to Grantor, its successors, heirs, administrators, executors and assigns, and Grantor shall have the
right of re-entry on such occasion and shall take full possession of, as well as title to, the real
property described in [paragraph (2) of this Deed.] Evidence that such condition subsequent has
occurred and that title has reverted to Grantor shall be by instrument acknowledged by Grantor and
recorded in the Public Records of Palm Beach County, Florida.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mitchell B. Kirschner. Esq.
HODGSON RUSS LLP
1801 North Military Trail. Suite 200
Boca Raton, FL 33431
(561) 394-0500
For Recording Purposes Only
TEMPORARY EXCLUSIVE PARKING AND ACCESS EASEMENT
THIS TEMPORARY PARKING AND ACCESS EASEMENT (this
"Easement"), is made this _ day of , 2005, by and between Block 77
Development Group, LC, a Florida limited liability company ("B77") and The City of Delray
Beach, Florida ("City").
WITNESSETH:
WHEREAS, B77 has contracted with the Community Redevelopment Agency
of the City of Delray Beach ("CRA") under Contract dated November 1 0, 1999, as
amended (the "CRA Contract"), for the sale and purchase of those certain parcels of real
property owned by the CRA ("CRA Property") and City ("City Lands"), more specifically
defined in the CRA Contract as the "Property". The CRA Contract is incorporated herein
by reference.
WHEREAS, certain portions of the City Lands are currently utilized by City as
sixty three (63) public parking spaces (the "Existing Public Parking Spaces") which,
Existing Public Parking Spaces will be replaced by the conveyance by 877 to City of the
Parking Garage and the Public Parking Facility on that certain parcel of property known as
Block 69, all as more fully provided for in that Public Parking Facility Construction and
Worthing Park Contribution Agreement, dated November 10, 1999 ("PPF"), between B77
and City, which is incorporated herein by reference.
WHEREAS, the Closing under the CRA Contract is expressly conditioned
upon the execution by B77 and City of the herein recordable temporary exclusive
easement in favor of City to the Existing Public Parking Spaces for such period of time until
the Public Parking Facility is completed and deeded to City.
NOW, THEREFORE, for Ten ($10.00) Dollars and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, B77 does
grant to City this Temporary Exclusive Parking and Access Easement and 877 and City
agree as follows:
IIaYE 1 0<1> 6
1. Recitals. The foregoing recitals are true and accurate, are affirmed by
the parties and incorporated herein by reference as if fully set out.
2. Grant of Easement. Commencing concurrently with the acquisition by
B77 of the City Lands, and continuing through and including the later to occur of the
completion of 877 of the construction ofthe Public Parking Facility and the delivery by B77
to City of the Public Parking Facility as more fully described in the PPF, B77 grants to City
a temporary exclusive easement over and upon the City Lands, (herein referenced to as
the Easement Lands) for purposes of pedestrian and vehicular ingress and egress and for
unobstructed utilization of the Existing Public Parking spaces located thereon as provided
by the PPF.
3. Identifvina Sianaae. For as long as this Easement herein provided
for shall remain in effect, City shall have the right to install, operate and maintain signage
identifying the Easement Lands as being available for ingress, egress or parking, on such
basis, whether free parking or parking for charge, as City shall determine in its sole
discretion. The location, form and size of such sign shall be determined by City and
constructed and installed by City at City's expense.
4. Easement Land Delivered in As Is Condition. City's acceptance of
this easement shall evidence City's acceptance of the condition of the Easement Lands in
its as-is condition on the date of the commencement of use by City of the herein granted
easement without any warranty or representation from B77 whatsoever, express or implied,
imputed or otherwise.
5. Costs. City shall not be responsible for the payment of any rental or
use charges to B77 or to any other party nor shall be responsible for any real estate taxes
or other impositions made or assessed against the Easement Lands during the term of this
Agreement. City is not responsible for any costs or expenses relating to the Easement
Lands, however nothing contained herein shall preclude the City, at its option, from
maintaining or repairing the Existing Public Parking Spaces, signage and improvements
related thereto, at its cost and expense.
6. Security. B77 shall not be responsible to provide any security, byway
of security guards, cameras, ingress or egress controls of any manner for the Easement
Lands.
7. Insurance. City shall be responsible for insuring (including by self-
insurance, at City's election) against all liabilities which may accrue as to person or
property (acknowledged to be self-insurance at City's election) as to City's interest in the
Easement and its use of the Existing Parking Spaces.
8. Mortaaaee Matters.
IIaYE 2 0<1> 6
8.1 City acknowledges that during the term of the herein granted
easement, the Easement Lands may be made subject to a mortgage in favor of B77's
mortgagee ("Mortgagee"); provided, however, that the mortgage documents shall
specifically provide that the lien of the Mortgagee shall be released if the Parking Garage is
not constructed and transferred to City in accordance with the provisions of the PPF at
which time the title to the City Lands shall revert to City, and that the Mortgage lien shall be
subordinate to this Easement.
8.2 The Mortgagee shall further grant a Subordination and Non-
Disturbance Agreement in favor of City.
8.3 Should any Mortgagee desire to receive copies of any and all
notices the City may give to B77 hereunder, any such Mortgagee may give B77 written
notice thereof, which shall include Mortgagee's address on such notice. Thereafter, City
shall concurrently with giving any notice to B77, make a good faith effort to give like notice
or a copy thereof to any such Mortgagee.
8.4 City may execute any further documents which may be
reasonably required by B77 or any mortgagee from time to time. In that connection, City
shall execute and deliver to B77 or any person or entity designated by B77, including
without limitation a Mortgagee from time to time and at such time or times as 877 may
request in writing, within thirty (30) days after receipt of such written request, an estoppel
certificate stating:
a. Whether or not this Easement is in full force and
effect,
b. Whether or not this Easement has been modified or
amended in any material respect and submitting copies of
such modifications or amendments, if any, to the actual
knowledge of City, whether or not there are any existing
defaults under this Easement, and specifying the nature of
such defaults, if any.
9. Hazardous Substances. Neither B77 nor City shall cause or permit at any
time during the term of this Easement, any hazardous substances to be disposed of or otherwise
released on, to or under the Easement Lands. Neither B77 nor City shall engage in operations at the
Easement Lands that involve the generation, manufacture, refining, transportation, treatment,
handling or disposal of "Hazardous Substances" or "hazardous wastes" as such terms are defined
under any environmenta11aws. B77 acknowledges however, that the Parking Spaces will be utilized
for parking of motor vehicles which may leak oil, gasoline or other fluids onto the ground, and City
shall not be responsible for removal of such waste or have any liability for it under this Agreement.
10. Notices. All notices and other communications requested by this Easement
must be in writing and will be deemed properly given if sent by: (i) personal delivery, (ii) facsimile
transmission, (iii) express mail, postage prepaid, return receipt requested, or (iv) certified United
States mail, postage prepaid, return receipt requested, addressed as follows:
In case of a notice to City:
IIaYE 3 0<1> 6
City of Delray Beach, Florida
Ci ty Hall
100 NW 1st Avenue
De1ray Beach, Florida 33444
Attn: City Manager
Fax: (561) 243-3774
With a copy to:
Susan Ruby, City Attorney
City of De1ray Beach
200 NW 1 st Avenue
Delray Beach, FL 33444
Fax: (561) 278-4755
In case of a notice to B77:
Block 77 Development Group, LC
Attn: Ned L. Siegel, Manager
c/o NLS Communities Inc.
5000 T-Rex Avenue, Suite 150
Boca Raton, FL 33431
Fax: (561) 998-2092
With a copy to:
Mitchell B. Kirschner, Esq.
HODGSON RUSS LLP
1801 North Military Trail, Suite 200
Boca Raton, FL 33431
(561) 394-0500
Fax: (561) 394-3862
Each party may, by notice to the other, specify a different address for subsequent
notice purposes. Notice is effective on the date of actual receipt or three (3) days after the date of
mailing, whichever is earlier.
11. Relationship of the Parties. No partnership, joint venture or other business
relationship is established between B77 and City under this Easement, or any other agreement
referred to in this Easement, other than the relationship ofB77 as the owner of the Easement Lands
and City as the utilizer of the Easement Lands.
12. Governine: Law. This Agreement shall be governed by, and construed in
accordance with, the interna11aws ofthe State of Florida, without regard to principles of conflict of
laws.
IIaYE 4 0<1> 6
13. Entire Aereement: Amendment This Agreement embodies and constitutes
the entire understanding between the parties with respect to the transaction contemplated herein, and
all prior agreements, understandings, representations and statements, oral or written, are merged into
this Agreement. Neither this Agreement nor any provision hereof may be waived, modified,
amended, discharged or terminated except by an instrument signed by the party against whom
enforcement of such waiver, modification, amendment, discharge or termination is sought, and then
only to the extent set forth in such instrument.
14. Waiver. No waiver by either party hereto of any failure orrefusa1 by the other
party hereto to comply with its obligations hereunder shall be deemed a waiver of any other or
subsequent failure or refusal by such party to so comply.
15. Successors and Assiens. This Agreement shall run with the Property, and
shall be binding upon and shall inure to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Easement to be executed on
the date and at the place indicated above.
Block 77 Development
Group, LC, a Florida limited liability company
By:
Name:
City of Delray Beach Florida
By:
Name:
Title:
EXHIBIT A City Lands
Parcel Y: Lot 7, LESS the North 16.0 feet thereof, Block 77, TOWN OF LINTON (now
Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2)
of the Public Records of Palm Beach County, Florida.
Parcel W: Lot 13, LESS the North 16.00 feet thereof, Block 77, TOWN OF LINTON (now
IIaYE 5 0<1> 6
Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2)
of the Public Records of Palm Beach County, Florida.
Parcel V: The North 16.0 feet of Lot 13, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the
Public Records of Palm Beach County, Florida.
Parcel P: That part of the 16 foot wide alley right of way lying South of and adjacent to
Lots 4,5 and 6, Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat
thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the public Records of Palm Beach
County, Florida.
Parcel Z: That part of the 16 foot wide alley Right-of-Way lying West of and adjacent to Lot
13, Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as
recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm. Beach County,
Florida.
Parcel R: That part of the East 8 feet of that certain 16 foot wide alley right of way lying
West of and adjacent to Lots 14 and 15, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the
Public Records of Palm Beach County, Florida.
Parcel U: The south 59.84 feet of Lots 4, 5, and 6, Block 77, TOWN OF LINTON (now
Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2)
of the Public Records of Palm Beach County, Florida.
Parcel X: The North 16.0 feet of Lot 7, Block 77, TOWN OF LINTON (now
Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2)
of the Public Records of Palm Beach County, Florida.
IIaYE 6 0<1> 6
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE
.'111) 'iW hI AVF:'\! ! .! ! [~,\y BEACH, FLORIDA 33444
111.IYI!():\E "hi ii"I;\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F LOR I D ^
Da.I:II
All-America City
, 1111 ! DATE
MEMORANDUM
May 11 , 2006
1993
2001
TO:
City Commission
David T. Harden, City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Rescinding Defense of Former Law Enforcement Officer; Forfeiture
of Pension
The City currently has several lawsuits wherein former police officer Jack Mackler
is named as a Defendant, along with the City. The City Commission previously
authorized Fred Gelston to defend him in these civil cases. At this time, we
request that the City Commission rescind its authorization for Mr. Gelston to
defend the former police officer due to criminal convictions of the former officer.
Also, pursuant to Florida Statutes 9 112.3173, we are requesting authorization to
serve notice on the Pension Board to forfeit the pension of the former police
officer.
matt~r on the City Commission agenda for May 16, 2006.
cc: Chevelle Nubin, City Clerk
Fred Gelston, Esq.
Steve Radford, Esq.
Gary Lippman, Esq.
Jim Linn, Esq.
Steve Cypen, Esq.
q\<.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE~~
PAUL DORLlNG, DIRECTOR OF PLANNING AND ING
NGUYEN TRAN, SENIOR PLANNER
MEETING OF MAY 16, 2006 * * * REGULAR AGENDA * * *
FINAL SUBDIVISION PLAT FOR TROPIC CAY TOWNHOMES, A PROPOSED a-LOT,
FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED AT THE SOUTHEAST
CORNER OF FREDERICK BOULEVARD AND FLADELL'S WAY (AVENUE "F").
The subject property consists of Lots 11 through 19, inclusive, Block 35 of the plat of Del-Raton Park and a
60' wide by 175' long portion of unimproved Frederick Boulevard abandoned by Palm Beach County in 1986
(O.R.B. 9590, Page 932.). On July 25, 1989, the subject property was annexed into the City via the Enclave
Act (Enclave 50 - Ordinance No. 38-89) and was assigned an initial zoning designation of RM (Medium
Density Residential). On October 27, 2004, the Site Plan Review and Appearance Board (SPRAB)
approved a Class V Site Plan, Landscape Plan and Architectural Elevations for an 8-unit townhouse
development on the subject property. At its meeting of December 19, 2005, the Planning and Zoning Board
certified the preliminary plat and recommended approval of the final plat to the City Commission. Additional
background and a complete analysis of the request are found in the attached Planning and Zoning Board
report.
The proposed plat consists of an 8-lot, townhouse type development to be constructed on lots that range
from 24.29 feet to 39.67 feet wide by 115 feet deep. The development will consist of one 2-story building
with each townhouse unit containing three bedrooms and a two car garage. An access road (Tract "An) has
been dedicated as a private road which will serve as primary access to the proposed lots. This private
roadway is connected on each end by public roads, Frederick Blvd. to the south and Avenue F to the north.
This plat should dedicate this private segment as a public roadway so that a continuous public road would
exist. It is noted the area was previously a portion of Federick Boulevard abandoned when the property was
under county jurisdiction. The applicant has resisted this request as he is utilizing the area for required
drainage which would not be allowed if the parcel was dedicated as a public roadway. Staff has concerns
that this type of layout would create potential problems relating to continued maintenance of this section and
the perception by the general public that it is publicly owned and therefore the responsibility of the City.
DSMG reviewed the plat at their May 18, 2006 meeting and had similar concerns. Therefore, staff is
recommending denial of this final plat at this time. Please refer to the attached reduced plat for a detailed
layout.
The Planning and Zoning Board considered the proposed plat at their meeting of December 19, 2005. After
reviewing the staff report, the Board voted 6 to 0 (Johnny Kincaid absent) to approve the preliminary plat
and to recommend to the City Commission approval of the final plat of Tropic Cay. All technical items have
been satisfactorily addressed. At the Planning and Zoning meeting the issue of the private street system
was not raised or discussed by the Board.
9L
City Commission Documentation
Meeting of May 16, 2006
Tropic Cay Townhouse plat
Page 2
Move denial of the request for final plat approval for Tropic Cay, based on a failure to adopt the findings of
fact and law contained in the Planning and Zoning staff report of December 19, 2005, and finding that the
request and approval is not consistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(J) (5)(Major Subdivisions), Section 3.2.3 (D)(Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (8) (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations.
Attachments:
Location Map. Reduced Survey and Reduced Plat
Planning and Zoning Board staff report of December 19, 2005
S:\Planning & ZoninglBOARDSICITY COMMISSION\Tropic Cay - Plat.doc
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 19, 2005
V.A.
Combined Preliminary/Final Plat tor Tropic Cay, an 8-unit townhouse
development located at the southeast corner ot Frederick Boulevard and Fladell's
Way (Avenue "F") (Quasi-Judicial Hearing).
GENERAL DATA:
Owner / Applicant................. F.P. Dino & Associates
Agent.. ...... ...... ..... ....... ...... Brett Foster
Location.................................. Southeast Corner ot Frederick
Boulevard and Fladell's Avenue
(Avenue "F")
Property Size.......................... 0.83 Acres
Future Land Use Map............. Transitional
Zoning Designation................. RM Medium Density Residential
Adjacent Zoning......... North: Automotive Commercial (AC)
East: Medium Density Residential (RM)
South: Medium Density Residential (RM)
West: Special Activities District (SAD)
Existing Land Use................... Vacant
Proposed Land Use............... Construction ot an 8 Unit
Townhouse Development with
Associated Parking and
Landscaping
Water Service......................... Available Via a connection to an
existing 8" Water Main within the
Frederick Boulevard Right-ot-Way.
Sewer Service........................ Available Via a service lateral
connection to an existing 8" sewer
main within Frederick Boulevard
Right-ot-Way.
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V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 1
The item before the Board is that of approval of a combined preliminarylfinal plat for an 8-unit
fee simple townhouse development known as Tropic Cay. The subject property is located at
the southeast corner of Frederick Boulevard and Fladell's Way (Avenue "F").
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The subject property consists of Lots 11 through 19, inclusive, Block 35 of the plat of Del-
Raton Park and a 60' wide by 175' long portion of unimproved Frederick Boulevard
abandoned by Palm Beach County in 1986 (O.RB. 9590, Page 932.).
On July 25, 1989, the subject property was annexed into the City via the Enclave Act (Enclave
50 - Ordinance No. 38-89) and was assigned an initial zoning designation of RM (Medium
Density Residential). On October 27, 2004, the Site Plan Review and Appearance Board
(SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for an
8-unit townhouse development on the subject property. The property continues to have an
RM zoning designation and is currently vacant.
The plat currently before the Board is required for townhouse type developments and was
listed as a condition of approval of the site plan by SPRAB.
The proposed development contains 8 dwelling units located on a 0.83 acre site with an
overall density of 9.64 units per acre. The proposal is to construct all 8 fee-simple
townhouses in a one (1) two-story building. Each unit consists of three bedrooms and a two
car garage, paver brick driveway with an optional pool and patio area. In addition, an interior
access road will be constructed which connects the paved portion of Frederick Boulevard to
the south with Avenue "F" to the north.
The individual townhouse lots will range in size from 24.29 feet to 39.67 feet wide by 115 feet
deep. As previously mentioned, an access road (Tract "A") has been dedicated as a private
road which will serve as primary access to the proposed lots as well as a connection between
Frederick Boulevard and Avenue "F". Pedestrian access has been accommodated via
proposed 5' wide concrete sidewalks to be installed on both sides of the private road.
Additional language is required to be added to the dedication statement for the private street
(Tract "A") to allow the general public to utilize this private road for vehicular and pedestrian
access. This is a condition of approval.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of
development applications, certain findings must be made in a form which is part of the
official record. This may be achieved through information in the application, the staff
report, or minutes. Findings shall be made by the Board to approve or deny the
development application. These findings relate to Future Land Use Map Consistency,
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 2
Concurrency, Consistency with the Comprehensive Plan, and Compliance with the
Land Development Regulations.
Section 3.1.1 tAl - Future Land Use MaD: The resulting use of land or structures must
be allowed in the zoning district within which the land is situated and said zoning must
be consistent with the applicable land use designation as shown on the Future Land
Use Map.
The subject property has a Future Land Use Map designation of Transitional and is currently
zoned RM (Medium Density Residential). The RM zoning district is compatible with the
Transitional Future Land Use Map designation and the proposed multiple family (townhouse)
development is allowed as a permitted use up to a maximum of 12 units per acre, subject to
compliance with the performance standards of LDR Section 4.4.6(1). The performance
standards have been met and based upon the above, it is appropriate to make a positive
finding with respect to consistency with the Future Land Use Map.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined
pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility needs of the requested
land use and/or development application will not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
. Water service will be provided via connection to an existing 8" water main within the
abandoned Frederick Boulevard.
. Sewer service will be provided to the site via service lateral connections to proposed 8"
sanitary sewer main located within the abandoned Frederick Boulevard.
. Fire protection is proposed to be provided by one fire hydrant located to northeast corner
of the proposed landscape island.
The addition of a multiple family units will have minimal impact on water and sewer demands
as it relates to this level of service standard. The adopted Comprehensive Plan states that the
City's Water Treatment Plant and South County Regional Wastewater Treatment Plant have
adequate treatment capacities for the City at build-out based upon the current Future Land
Use Map designations.
Streets and Traffic:
The proposed 8-unit townhouse development will have minimal impact on the surrounding
roadway network. Due to the scale of this project (a-units), a traffic study is not required by
Palm Beach County; however, a traffic statement is required. The requirement for a traffic
statement by the City has been waived by the Planning and Zoning Director as stated in a
letter dated October 12, 2004. Based upon the above, a positive finding can be made with
respect to traffic concurrency.
Parks and Recreation Facilities:
The proposed 8 residential units will not have a significant impact with respect to level of
service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 3
for each unit. A total fee of $4,000 will be required of this development for parks and
recreation purposes.
Solid Waste:
The proposed eight (8) residential units will generate 15.92 tons of solid waste per year (8
units x 1.99 tons = 15.92 tons). The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2024.
Drainaae:
Drainage is to be accommodated via an exfiltration trench system within the abandoned
Frederick Boulevard. There are no problems anticipated in complying with SFWMD
requirements and thus, obtaining a surface water permit.
Schools:
The applicant has submitted the required letter of Concurrency Determination to the Palm
Beach County School District and the City has received the letter of approval.
Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining
Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site
Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency
is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it relates to
Standards for Plat Actions.
Section 3.1.1 (D) - Compliance with the Land Development Reaulations:
. LOR Section 4.3.3(QlC2} (Plat Reauired):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be sold,
each unit must be shown on the plat.
The plat depicts each unit as a separate lot and a roadway has been dedicated for access
to these lots. The submitted plat meets all other requirements.
. LOR Section 6.1.3(BlC2lCSidewalk Desian Reauirements}:
Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the
street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-
way (easement or tract) line.
As previously mentioned, a 5' wide concrete sidewalk will be installed along both sides of
the access roadway. A positive finding can be made with respect to sidewalk design
requirements.
. LOR Section 5.3.1 (Riaht-of-Wav Dedication}:
Pursuant to LOR Section 5.3.1 (0)(2), the required right-of-way width for a local street
without curb and gutter is 60'. Since a portion of Frederick Boulevard adjacent to the
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 4
proposed townhouse site was previously abandoned, a rededication of this abandoned
area will be required for access purposes. Tract "A" has been dedicated as private street
for access purposes and has a total width of 60'. A positive finding can be made with
respect to right-of-way dedication.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted with
the Site Plan and all applicable objectives or policies along with a discussion on how they
are addressed is attached as Appendix "C".
Technical comments from the Planning & Zoning Department and Environmental Services
Department are attached as Appendix "B", and must be addressed prior to scheduling of the
plat for City Commission consideration.
This project proposal is not within the geographical area requiring review by the Community
Redevelopment Agency (CRA), Historic Preservation Board (HPB) or the Downtown
Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following associations and civic organizations:
· PROD - Progressive Residents of Delray
· Presidents Council
· Tropic Bay Condo
· Tropic Harbor
· Tropic Isles Homeowner's Association
Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
The development proposal to construct 8 fee-simple townhouse units is consistent with the
Zoning and Future Land Use Map designations for the subject property. Positive findings can
be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR
Section 3.2.3 (Standards for Plat Actions). The plat and engineering plans will require several
technical modifications, as listed in "Appendix B" - Technical Items section of this report,
before it can advance to the City Commission.
A. Continue with direction.
B. Approve the preliminary plat and certify the final plat for Tropic Cay, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 5
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat
Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development
Applications) of the Land Development Regulations, subject to conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Move a recommendation of denial to the City Commission of the request for a Final Plat
approval for Tropic Cay, based upon a failure to make positive findings of fact and law
contained in the staff report, and finding that the request and approval is inconsistent with
the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section
3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations.
Approve the preliminary plat and certify the final plat for Tropic Cay, by adopting the findings
of fact and law contained in the staff report, and finding that the request and approval thereof
is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section
3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations, subject to the following conditions:
1. That all comments under the "Technical Items" section (Appendix "8") of the
report be addressed prior to scheduling the plat for City Commission action;
and,
2. That additional language be added to the dedication statement for the private
street (Tract "A") to allow the general public to utilize this private road for
vehicular and pedestrian access.
Attachments:
. Appendix "A"
. Appendix "8"
. Appendix "C"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 6
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D-1 and D-2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of
the Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of
zoning designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land
use needs.
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 7
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup
of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplished through the implementation of
policies under Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to
remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X (The provision of these recreational facilities for this infill
development is not feasible for a development fewer than 25 units)
Meets intent of standard
Does not meet intent
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 8
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina Department Comments
Technical:
1. Please submit preliminary cost estimates for any public improvements and
receipted copies of other required agency applications.
2. Please provide a recorded copy of the Articles of Incorporation (through
Florida Department of State, Division of Corporations) on the formation of the
name of the Homeowner's Association (Tropic Cay) which is to accept the
perpetual maintenance obligation of all common areas.
3. Provide a copy of the Declaration of Covenants, Conditions and Restrictions
for Tropic Cay development (HOA Documents).
4. The City has not received responses from utility companies concerning any
necessary easements. A copy the Notification of Utility Providers form (page
5 of the Final Plat Application) should have been sent to each of the utility
providers listed at the bottom of this form. The Final Plat cannot proceed to
City Commission until all forms have been returned.
Plat:
1. Tie plat to a section corner.
2. Please correct the spelling of "FREDERICK" located on the second line under
the Plat Title.
3. Correct the Section number from "16" to "28" located on the third line under
the Plat Title.
4. Correct the Section number from "16" to "28" located on the fifth line under the
dedication section.
5. Tract "A" is dedicated as a private street which is located between public
streets. Please provide language to allow the general public to utilize this
private street for access purposes including the use of the sidewalk located
along the west side of this Tract.
6. Please correct the spelling of "Inconsistent" located on the third line of the
dedication paragraph for the ingress-egress easement.
7. Add a signature area for the Director of Environmental Services Department to
the City Approval block.
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 9
8. Correct the spelling of "Zoning" for the signature area for the Chairperson of
Planning and Zoning Board.
9. A 6' ingress-egress easement has been provided and is assumed to be for
maintenance purposes along the north, south and east sides of the plat. A
wall is being shown along the rear of these lots and located 5' from the
property line which encroaches l' into this ingress-egress easement area. In
addition, the wall appears to be solid with no openings, such as gates, which
negates the purpose for an easement area. Please correct this situation.
10. The proposed sidewalk along the east side of Tract "A" as shown on the
Grading, Paving and Drainage plan needs to extend north to the westerly
extension of the north property line of Lot 11, Block 35 of Del-Raton Park.
Environmental Services DeDartment Comments
Plat:
1. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
2. Verify grade change from elevation 10.7 to finished floor elevation 13.0 is acceptable
for pool ingress/egress maintenance.
3. The 6' ingress/egress easement overlaps l' onto pool deck. Verify this overlap is
correct.
4. Add ingress/egress language to Tract A in order to address sidewalk within Tract A.
5. Revise sidewalk easement language to indicate dedication to HOA.
6. Please add the Director of Environmental Services to the City Approval Block.
7. Tie Plat to a section corner.
8. Provide drainage easements for all proposed drainage.
9. Water and sewer main easements shown in Tract A can be eliminated since they are
included in Tract A language.
10. If sewer laterals are configured as currently shown on civil plans, show sewer
easements in plan and add sewer easement language which dedicates all
maintenance to HOA.
Technical Comments:
1. On cross sections clearly define between proposed and existing grades.
2. Proposed swales appear to be on property lines. If this is the case, construction
easements from adjacent property owners are required.
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 10
3. Provide note that water meter sizes are to be determined by the City of Delray Beach
Utility Department.
4. A cleanout will be required on the sewer service at the back of sidewalk.
5. Provide double water and sewer services where practical.
6. Provide 12' sewer easement over sewer lateral.
7. Provide 12' water easement over relocated fire hydrant.
8. Show drainage easements for all on site drainage.
9. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for
relocation of existing services and installation of new services.
10. Extend proposed sidewalk to far north property line.
11. Clearly show limits of paving for public street.
12. Developer is responsible for the roadway improvement connecting Avenue F and
Frederick Blvd.
13. Use current City Standard Details Le., sidewalk, trench backfill detail, concrete
driveway apron, etc.
14. Provide note on engineering and landscape drawings that there shall be no trees or
shrubs placed within the water, sewer or drainage easements.
15. Landscaping cannot impede proposed surface water flow along east property line.
16. Show maintenance access for pools.
17. A plat will be required. No building permit will be issued until the plat is recorded.
18. Submit copy of a Pollution Prevention Plan with engineering drawings. Prior to and
during construction of all sites, the permitee shall implement and maintain all erosion
and sediment control measures included in the required Pollution Prevention Plan. For
projects over One (1) Acre in size provide a copy of FDEP Notice of Intent.
19. Provide a detailed description of how each of these comments has been addressed
with next submittal, along with two sets of revised plans to the Engineering
Department, 434 S. Swinton Avenue.
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 11
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable policies and objectives are noted:
Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate and complies in terms of
soil, topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The property is currently a vacant site which consists of 9 lots with an abandoned right-of-way
for Frederick Boulevard (O.R.B. 9590, page 932). There are no special physical or
environmental characteristics of the land that would be negatively impacted by the proposed
multiple family townhouse development. The Housing Element of the Comprehensive Plan
calls for the provision of infill housing as well as the development of property to provide a
variety of housing types. This development proposal fulfills these needs.
Housina Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that
a proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The subject property is adjacent to a commercial development to the west (Ralph Buick
Rental Cars) which is zoned SAD (Special Activities District), which allows vehicle sales and
rental. To the north there is also an auto dealership (Ralph Buick Car Dealer) presently zoned
AC (Automotive Commercial) but is in process to be rezoned to GC (General Commercial) for
a proposed mixed use development. The adjacent development to the east is zoned RM and
consists of several parcels of land with single family units. Also to east is Tropic Bay
condominium apartments of a higher density than the proposed development. The adjacent
development to the south is zoned RM and consists of several parcels of land with single
family units.
The development proposal has increased and enhanced the landscaping along the property
line to the east with a row of sixteen (16) Geiger trees (spaced at 3D' on center) and a
Cocoplum hedge (30" high) in order to buffer the existing single family units along Florida
Boulevard. Along the south property line nine (9) Cabbage Palm trees have been proposed
along with a Cocoplum hedge (30" high) to buffer the existing family units located to the south.
The proposed street will provide a connection between Avenue "F" and Frederick Boulevard.
The proposed development will only generate 56 average daily trips onto the surrounding
roadway network.
The proposed townhouse development has increased the landscaping required along the
perimeter of the development to provide a meaningful separation between the existing
residential districts and the proposed development. The development will not increase noise,
odor, or dust.
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 12
The applicant has been exempt from submitting a Traffic Statement by the Planning and
Zoning Director based upon the scale of the development and staff does not anticipate any
major problems with street and traffic concurrency. Positive findings with respect to this level
of service standard can be made.
Open Space and Recreation Element Policv A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range of
ages. This requirement may be waived or modified for residential developments
located in the downtown area, and for infill projects having fewer than 25 units.
The proposed development has only 8 units. Due to the size of the lot and its configuration it
is not feasible to accommodate a larger range of recreational facilities. Because the proposed
development has fewer than 25 units it is reasonable to consider this development as
exempted from this standards. Based upon the above arguments, compliance with this code
requirement has been achieved
Housina Element Obiective 8-2 - Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policv 8-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area, and for infill projects having
fewer than 25 units.
All of eight (8) proposed town homes provide three (3) bedrooms within one (1) two-story
building. The residential development is designed to accommodate families with children.
Such goal is accomplished by providing a townhouse product that has a two car garage, large
room sizes, optional pool and patio areas, and floor plans that could appeal to different age
groups and household sizes. Consequently, the proposed development is consistent with this
housing policy.
LOR Section 2.4.5 (F) (5) - Compatibilitv (Site Plan Findinas): The approving body must
make a finding that development of the property pursuant to the site plan 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 values.
The adjacent commercial development to the west (Ralph Buick Rental Cars) is zoned SAD
(Special Activities District, which allows large scale and mixed projects). To the north there is
also a commercial development (Ralph Buick Car Dealer) presently zoned AC (Automotive
Commercial), but has requested a rezoning to GC (General Commercial). The adjacent
development to the east is zoned RM and consists of several parcels of land with single family
units. Also to east is a multifamily development (Tropic Isle condominium apartments) of a
V.A.
P&Z Board Staff Report
December 19, 2005
Tropic Cay - Plat
Page 13
higher density than the proposed development. The adjacent development to the south is also
zoned RM and consists of several parcels of land with single family units.
Compatibility is not a concern, as similar uses exist on the surrounding properties. As
described under Housing Element Policy A-12.3 additional perimeter landscaping has been
provided to mitigate any potential impacts and there are no concerns with respect to noise and
traffic. This multiple family development will be compatible and harmonious with the adjacent
and nearby properties and should enhance property values in the area.
V.A.
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MEMORANDUM
SUBJECT:
MAYOR AND CITY,:~MISSIONERS
CITY MANAGER flv \
AGENDA ITEM # \ (j A - REGULAR MEETING OF MAY 16.2006
ORDINANCE NO. 26-06
TO:
FROM:
DATE:
MAY 12, 2006
This Ordinance is before Commission for second reading and quanjudida' hearing for a privately
initiated rezoning from A (Agricultural) to R-1-AAA (Single Family Residential) for the
Germantown Road Subdivision, located on the south side of Old Germantown Road (3426 Old
Germantown Road).
The 2.48 acre site contains a one-story 5,976 sq. ft. single family residence, built in 1967 and a one-
story 938 sq. ft. single family residence, built in 1950.
The applicant requested the rezoning for the purpose of subdividing the property into four (4)
separate lots that will meet the required dimensions of the R-1-AAA District for future development
of four (4) single family residences.
On April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There were five (5) residents from the Rabbit Hollowe and Verona Woods subdivisions
that had questions concerning: environmental uses regarding potential contamination of the soil
and water table by historic nursery uses, future rezoning requests that may seek to increase density,
and access concerns from Old Germantown Road. After reviewing the staff report and discussing
the proposal, the Board voted 7-0 to recommend to the City Commission that the rezoning request
be approved. Staff recommends approval by adopting the findings of fact and law contained in the
staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the
request meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings).
At the first reading on May 2, 2006, the City Commission passed Ordinance No. 26-06.
Recommend approval of Ordinance No. 26-06 on second and final reading.
S:\City Clerk\agenda rnemos\Ord 26-06 Gennantown Road Rezoning 051606
~
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLAN1"\NG AND Z~~ING 1rl.J.- ?vf~
ESTELlO BRETO, SENIOR PLANNER~~~
-f'-
TO:
THRU:
SUBJECT: MEETING OF MAY 2,2006
PRIVATELY INITIATED REZONING FROM A (AGRICULTURAL) TO R-1-AAA
(SINGLE FAMILY RESIDENTIAL) FOR THE GERMANTOWN ROAD
SUBDIVISION, LOCATED ON THE SOUTH SIDE OF OLD GERMANTOWN
ROAD (3426 OLD GERMANTOWN ROAD).
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property into
four (4) separate lots that will meet the required dimensions of the R-1-AAA District for future
development of four single family residences. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with this Rezoning request. During the Public Hearing, five residents from the
Rabbit Hollowe and Verona Woods subdivisions had questions concerning: environmental uses
regarding potential contamination of the soil and water table by historic nursery uses, future
rezoning requests that may seek to increase density, and access concerns from Old
Germantown Road. After reviewing the staff report and discussing the proposal, the Board
unanimously voted 7-0 to recommend approval of the Rezoning request by adopting the
findings of fact and law contained in the staff report, and finding that the requests and approval
thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 26-06 for Rezoning from A (Agricultural) to
R-1-AAA (Single Family Residential) for the Germantown Road Subdivision, by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
Attachments:
· Ordinance No. 26-06
· April 17, 2006 Planning & Zoning Staff Report
1AA
ORDINANCE NO. 26-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT TO R-l-AAA
(SINGLE FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF OLD
GERMANTOWN ROAD AND RABBIT HOLLOWE DRIVE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned A (Agricultural) District; and
WHEREAS, at its meeting of April 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AAA (Single Family Residential)
District for the following described property:
A tract of land lying in the NE Y4 of Section 25, Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the
East 221.23 feet of the SE Y4 of the NE Y4 of the NE Y4 of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE Y4 of the SE
Y4 of the NE Y4 of said Section 25.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
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 passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
MAYOR
ATTEST
City Clerk
First Reading
Second Reading
2
ORD NO. 26-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
April 17, 2006
IV.C.
A privately sponsored rezoning involving a tract of land lying in the NE ~ of
Section 25, Township 46 South, Range 42 East, in Palm Beach County, Florida,
being more particularly described as follows: That portion of the East 221.23 feet
of the SE ~ of the NE ~ of the NE ~ of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE ~
of the SE ~ of the NE ~ of said Section 25. The rezoning request is from
Agricultural (A) to R-1-AAA (Single Family Residential). (Quasi-Judicial Hearing).
[ BOULEVARD
Owner............................. Bruce D. Guttier & Hollie A. Guttier
AgentlApplicant.............. Weiner & Aronson, PA I Bruce D.
Cuttler & Hollie A. Guttier
Location.......................... 3426 Old Germantown Road
Property Size.................. 2.48 Acres
Future Land Use Map..... LD (Low Density Residential)
Current Zoning............... A (Agricultural)
Adjacent Zoning....North: RM-8 (Multiple Family Residential,
Medium Density 8 du/ac)
East: R-1-AAA (Single Family Residential)
South: R-1-AAA (Single Family Residential)
West: R-1-AAA (Single Family Residential)
Existing Land Use.......... Two Single Family Residences
Proposed Land Use........ Applicant proposes to subdivide the
land into 4 parcels for 4 single family
homes
Water Service................. Water service is available via
service lateral connections to an
existing 8" water main within Rabbit
Hollow right-of-way and a 12" water
main within Old Germantown Road
right-of-way.
Sewer Service................ Sewer service is available via service
lateral connections to an existing Lift
Station located within Rabbit Hollow
Drive.
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GENERAL DATA:
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IV.C.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated rezoning of a tract of land lying in the NE :4 of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as follows:
That portion of the East 221.23 feet of the SE :4 of the NE :4 of the NE :4 of said Section 25
lying South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE :4
of the SE :4 of the NE :4 of said Section 25. The privately initiated rezoning area is located
along the south side of Old Germantown Road (3426 Old Germantown Road). The change in
zoning is from A (Agricultural) to R-1-AAA (Single Family Residential) with the purpose of
subdividing the property into four (4) separate parcels to allow four single family residences.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property
into four (4) separate lots that will meet the required dimensions of the R-1-AM District for
future development of four single family residences. The proposed rezoning request is now
before the Board for action.
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, prior to the approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed zoning designation of R-1-AAA (Single Family Residential) is consistent with
the existing Low Density 0-5 du/ac (LD) FLUM designation, and single family residences are
allowed as a permitted use within the R-1-AAA zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
of, needed capital improvements in order to maintain the Levels of Service Standards
established in fable CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designation from Agricultural (A) to R-1-AAA
(Single Family Residential) on a 2.48 acres parcel. Concurrency findings with respect to
Parks and Recreation, Solid Waste, Streets and Traffic, Schools, and Water and Sewer are
discussed below:
Parks and Open Space:
The City provides 127 acres of activity based recreation facilities such as tennis, baseball,
basket ball, soft ball and other similar sports. An additional 247 acres are considered
resource based activities such as beaches and lakes for swimming, boating picnicking,
hiking, and other activities excluding golf courses. Within recreation areas, amenities and
facilities are provided to meet the demand for leisure opportunities for all segments of the
community. The City of Delray Beach provides a ratio of eight (8) acres of park and
recreational facilities per 1,000 people while the current national ratio is 3 acres of park and
recreational facilities per 1,000 people. This indicates that the City far exceeds the national
standards and will have sufficient recreation facilities to accommodate the impact of 6
additional persons from the four proposed single family residences [(2.7 persons x 4 lots =
10.8) - (5.4 generated by existing two lots)].
Solid Waste: The solid waste currently generated by the two existing single family
residences is 3.98 tons per year (2 units x 1.99 tons/unit = 3.98 tons. The proposed four
single family homes will generate 7.96 tons per year (4 units x 1.99 tons/unit = 7.96). The
total waste generated will be increased by 3.98 tons per year (7.96 - 3.98 = 3.98 tons/
year). The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals until the year 2021.
Streets and Traffic:
The subject property is accessible from Germantown Road. The Germantown Subdivision
(aka Cuttler property) is an existing community (two single family homes) that generates 20
ADT (Average Daily Trips) and complies with the Traffic Performance Standards in Article
12 of the Palm Beach County Land Development Code. The proposed four single family
units will generate 40 ADT (Average Daily Trips). Adequate capacity exists on Germantown
Road to accommodate the additional traffic generated from the proposed use. Based upon
the above a positive finding with respect to traffic concurrency can be made. [Note: 10 ADT
per single family, 7 ADT per multifamily].
Schools: A letter has been received indicating that the Palm Beach County School District
has approved the request for concurrency to accommodate four single family residences on
the subject property.
Water and Sewer: Water service is available via service lateral connections to an existing
8n water main within Rabbit Hollow right-of-way and a 12n water main within Old
Germantown Road right-of-way. One (1) fire hydrant presently exists on the southwest side
of the property. Sewer service is available via access to a lift station located within Rabbit
Hollow Drive. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water Treatment Plant
2
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
for the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
o Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LDR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding
of overall consistency.
(A)The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
(B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not
be permitted west of 1-95.
(C) Zoning changes that would result in strip commercial development shall be avoided.
Where strip commercial developments or zoning currently exists along an arterial street,
consideration should be given to increasing the depth of the commercial zoning in order
to provide for better project design.
(0) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
(E) Remaining, isolated infill lots within the coastal planning area shall be developed under
zoning which is identical or similar to the zoning of adjacent properties; and, the
resulting development shall be of a design and intensity which is similar to the adjacent
development.
LOR Section 3.2.2: Standards B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
The subject property is classified in the Residential Neighborhood Categorization Map of the
Comprehensive Plan as an STB (Stable) neighborhood. The neighborhood has no apparent
signs of physical or property value decline and no significant improvements are currently
needed. Thus, given the existing development patterns to the east, west, and south of the
subject property, it appears appropriate to apply a zoning designation of R-1-AAA as the
most restrictive residential zoning in terms of similar intensity.
3
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zonina: Use:
North Multiple Family Residential- Medium Density (RM-8) Highland Grove States Townhouse
Development
South Single Family Residential (R-1-AAA) Verona Woods Subdivision
East Single Family Residential (R-1-AAA) Verona Woods Subdivision
West Single Familv Residential iR-1-AAA) Rabbit Hollowe Subdivision
As noted in the above table, the surrounding properties are zoned either R-1-AAA or RM-8.
Given the prevailing land use patterns it appears appropriate to modify the zoning from
Agricultural (A) to R-1-AAA (Single Family Residential). Therefore, the proposed rezoning
of the subject property from Agricultural (A) to R-1-AAA (Single Family Residential) poses
no incompatibilities with the surrounding properties. The proposal to build four single family
residences will be consistent with adjacent land use patterns. Based upon the above,
positive findings with regard to LOR Section 3.2.2(0) could be made.
LOR Section 2.4.5(0) (5) - Rezoninq FindinQs:
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
"There has been a change in circumstances which make the current zoning of
agriculture inappropriate. In fact, the property is surrounded by R-1-AAA zoning. The
rezoning of this portion of the quadrant would greatly assist in finalizing a single family
residential zoning district south of Old Germantown Road': Clearly an R-1-AAA zoning
designation would be more complimentary to the surrounding residential properties.
Additionally, the requested R-1-AAA zoning is of similar intensity as allowed under the
Future Land Use Map. The Future Land Use Map designation of LD (Low Density
Residential) is consistent with the R-1-AAA zoning district.
4
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
The Agriculture (A) Zone District provides a means to allow existing agricultural uses to
continue and be expanded upon as permitted uses within the City. The (A) designation may
also be affixed to properties at the time of annexation, in which case, the designation shall
serve as a holding zone. The land use designation matrix in the Comprehensive Plan and the
intent of the Agricultural District in the Land Development Regulations both clearly state that the
Agricultural Designation may often be used as a holding zone for all Future Land Use Map
designations except for the Rural Residential designation where it is permanent zoning. Given
the current use of the property for residential development and not agricultural use, good urban
planning dictates that the zoning on the property should be consistent with the prevailing land
use pattern in the area and the agricultural holding zone be eliminated. Thus, it would appear
appropriate and complimentary to adjacent land uses to change the existing Agricultural zoning
to R-1-AAA (Single Family Residential).
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(b) and (c). Staff agrees ~ith the applicant that the change in circumstances, in relation to the
prevailing land use patterns to the east and west, appears to indicate that it is more appropriate
to modify the zoning of the subject property to R-1-AAA.
If consideration is given to modify the zoning designation, then a designation consistent with the
prevailing Future Land Use Map designation of Low Density Residential (LD) to the east and
west should be given. The existing FLUM (LD) and proposed zoning (R-1-AAA) designations
are of identical intensity as the surrounding properties. Further, the zoning is appropriate for
the subject property as it will further Objective A-1 of the Future Land Use Element of the
Comprehensive Plan which clearly states that property shall be redeveloped in the manner so
that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the
remaining land use needs. Thus, the request fulfills the necessary rezoning findings as per
LOR Section 2.4.5(0) (5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives
and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The Germantown Road Subdivision (AKA Cuttler property) contains two single family units.
Under the LD (Low Density Residential) FLUM designation, a range of 0 to 5 du/ac is allowed.
The requested zoning designation of R-1-AAA is compatible with the adjacent development
patterns and would be similar to properties to the east and west (Rabbit Hollowe and Verona
Woods Subdivisions). The property immediately to the north across Germantown Road, is
currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 and
has been approved for the Highland Grove States Townhouse Development.
Housing Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
5
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
HousinQ Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consKter the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the proposed R-1-AAA zoning of the subject property will aid in the
development and stability of the area since the use and intensity is appropriate and
complimentary to adjacent land uses.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 2.48 acre parcel of land can occur in accordance with the City's
Land Development Regulations. During the building permit process, the development proposal
will be reviewed for compliance with the LDRs. The applicant has indicated an intent to develop
the subject property with four single family residential units. At this time, no issues can be
identified which would prohibit compliance with the requirements of the R-1-AAA zoning district.
Given the above, a positive finding with respect to compliance with the Land Development
Regulations can be assumed.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Rabbit Hollowe HOA
o Verona Woods HOA
o Oakmont HOA
o Spanish Wells HOA
o Crosswinds HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from Agricultural (A) to R-1-AAA (Single Family Residential) is
consistent with the goals, objectives and/or policies of the Comprehensive Plan, and LOR
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2(0). Positive findings can be made with respect to
6
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
Concurrency and Compatibility with the surrounding land uses. The rezoning will allow
development of four" single family residential units. Based upon the above, the proposed
rezoning should be recommended for approval.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of a privately sponsored
rezoning involving a tract of land lying in the NE ;.4 of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as
follows: That portion of the East 221.23 feet of the SE ;.4 of the NE ;.4 of the NE ;.4 of said
Section 25 lying South of Germantown Road and the East 221.23 feet of the North 323.90
feet of the NE ;.4 of the SE ;.4 of the NE ;.4 of said Section 25, from Agricultural District (A) to
R-1-AAA (Single Family Residential), by adopting the findings of fact and law contained in
the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission of a privately sponsored rezoning
involving a tract of land lying in the NE ;.4 of Section 25, Township 46 South, Range 42
East, in Palm Beach County, Florida, being more particularly described as follows: That
portion of the East 221.23 feet of the SE ;.4 of the NE ;.4 of the NE ;.4 of said Section 25 lying
South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE ;.4
of the SE ;.4 of the NE ;.4 of said Section 25, from Agricultural District (A) to R-1-AAA (Single
Family Residential), by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Move a recommendation of approval to the City Commission for a privately sponsored rezoning
of a tract of land lying in the NE ~ of Section 25, Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the East
221.23 feet of the SE ~ of the NE ~ of the NE ~ of said Section 25 lying South of Germantown
Road and the East 221.23 feet of the North 323.90 feet of the NE ~ of the SE ~ of the NE ~ of
said Section 25, from Agricultural District (A) to R-1-AAA (Single Family Residential), by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
7
IV.C.
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERZ111
AGENDA ITEM # \0 B - REGULAR MEETING OF MAY 16.2006
ORDINANCE NO. 28-06
TO:
SUBJECT:
DATE:
MAY 12,2006
This ordinance is before Commission for second reading and public hearing for a privately initiated
amendment to Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for
Specific Uses" and Section 4.3.4(1-1)(4), "Structures Allowed in Setbacks", to allow permanendy
installed generators within required setbacks and providing specific regulations for the location,
operation, and buffering of permanent generators.
As a result of the last several hurricane seasons and resulting power outages, the City has
experienced increasing demand for permanendy installed generators. Permanent generators are
secured to the ground and provide uninterrupted electrical power backup to residences and
commercial businesses. They generally have underground or surface fuel storage tanks and can be
connected to natural gas lines if they are available. The LDR's do not specifically allow generators
within the required setbacks. The generators, considered akin to air conditioners, have been allowed
within the required setbacks when limited to a maximum of 3 feet in height. It is noted that the
newer generator models are up to 4.5 feet high, partially due to increased sound attenuation
improvements, and as such are in conflict with this previous provision.
On March 2, 2006, the Planning and Zoning Department received a privately initiated text
amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and
allow the larger generators (up to 4.5 feet) within the required setbacks. During review, additional
modifications, suggested by staff and agreed to by the applicant, were added which delineate specific
requirements that address the location, operation, and buffering of permanent generators.
On April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
amendment. There was no public testimony regarding the proposed amendment. After discussing
the amendment, the Board voted 7-0 to recommend to the City Commission approval of the
proposed amendment. Staff recommends approval by adopting the findings of fact and law
contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and
finding that the request meets the criteria set forth in LDR Section 2.4.5(M)(5) (Amendment to
Land Development Regulations; Findings).
At the first reading on May 2, 2006, the Commission passed Ordinance No. 28-06.
Recommend approval of Ordinance No. 28-06 on second and final reading.
S:\City Clerk\agenda memos Ord 28-06 LDR 433434 Permanent Generators 051606
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLANtNG AND ZONING 7rI..L--;U~ r
SCOTT PAPE, SENIOR PLANNER /V ~ r-
MEETING OF MAY 2,2006
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION
(LDR) SECTION 4.3.3(ZZ) [SPECIAL REQUIREMENTS FOR SPECIFIC USES] AND
SECTION 4.3.4(H)(4) [STRUCTURES ALLOWED IN SETBACKS] TO ALLOW
PERMANENTLY INSTALLED GENERATORS WITHIN REQUIRED SETBACKS AND
PROVIDING SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
TO:
THRU:
SUBJECT:
As a result of the last several hurricane seasons and resulting power outages, the City has experienced
increasing demand for permanently installed generators. Permanent generators are secured to the
ground and provide uninterrupted electrical power backup to residences and commercial businesses.
They generally have underground or surface fuel storage tanks and can be connected to natural gas
lines if they are available. The LDRs do not specifically allow generators within the required setbacks.
The generators, considered akin to air conditioners, along with other structures allowed in setbacks (like
pump houses, planter walls, and steps/platforms) have been allowed within the required setbacks when
limited to a maximum of 3 feet in height. It is noted that the newer generator models are up to 4.5 feet
high, partially due to increased sound attenuation improvements, and as such are in conflict with this
previous provision. On March 2, 2006, the Planning and Zoning Department received a privately initiated
text amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and
allow these larger generators (up to 4.5 feet) within the required setbacks. During review, additional
modifications, suggested by staff and agreed to by the applicant, have been added which delineate
specific requirements that address the location, operation, and buffering of permanent generators.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may
request an amendment. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an
LOR amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is a privately
initiated text amendment to the Land Development Regulations and would be applicable citywide. Based
on the separation and buffer requirements, a positive finding can be made that the Land Development
Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. Additional background and a detailed analysis is provided in the attached
Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 17 , 2006.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 7-0 to recommend to the City Commission approval of the proposed
amendment to add Land Development Regulation Section 4.3.3(ZZ)[Special Requirements for Specific
Uses] and Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, based upon
positive findings with respect to LOR Section 2.4.5(M).
, ~c..
City Commission Documentation
LDR Amendment - Permanently Installed Generators in Required Setbacks
Page 2
By motion, approve on first reading the ordinance to add LOR Section 4.3.3(ZZ) [Special Requirements
for Specific Uses - Permanently Installed Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow
permanent generators in required setbacks, by adopting the findings of fact and law contained in the Staff
Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LOR Section 2.4.5(M)(5).
Attachment:
Planning and Zoning Memorandum Staff Report of April 17, 2006
Proposed Ordinance No. 28-06
ORDINANCE NO. 28-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A
NEW SUBSECTION 4.3.3(ZZ), "PERMANENTLY INSTALLED
GENERATORS", TO PROVIDE FOR THE REGULATION OF
PERMANENTLY INSTALLED GENERATORS; AND BY
AMENDING SECTION 4.3.4(H)(4), "STRUCTURES ALLOWED
IN SETBACKS", TO ALLOW FOR PERMANENTLY INSTALLED
GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and does
further the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.3.3, "Special Requirements
for Specific uses", Section 4.3.3(ZZ), "Permanently Installed Generators", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
enacted to read as follows:
4.3.3 Special Requirements for Specific Uses
(ZZ) Permanently Installed Generators: The following standards shall apply to all permanently
installed generators:
(1) Generators are prohibited in the front yard and side street setbacks.
(2) Generators and accessory above ground facilities, such as fuel tanks, are to be
screened from view from adjacent properties or rights-of-way by a wall or hedge
equal to the height of the generator at the time of installation.
(3) Generators may be operated for exercising purposes one time per week, excluding
Sundays, for a period not exceeding 30 minutes between the hours of 10:00 a.m. to
6:00 p.m.
(4) A maximum of one generator is allowed per single family, duplex, or townhouse
residential dwelling unit except for multiple family, which is allowed one generator
per multiple family structure. Non-residential uses are allowed one generator per
tenant.
(5) Generators are setback a minimum of three feet from the side interior property line
in the R-1-A, R-1-AB and R-1-AAB Single Family Residential zoning districts,
conventionally sited homes in the Planned Residential District, Mobile Home District,
and Old School Square Historic Arts District and five feet from the side interior
property line (development perimeter for townhouses) in all other zoning districts.
(6) Generators are setback a minimum of five feet from the rear property line in all
zoning districts.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.3.4, "Base District
Development Standards", Subsection (H), "Setbacks", Paragraph (4), "Structures Allowed in
Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards
(4) Structures Allowed in Setbacks: The following structures are allowed in required
setbacks pursuant to stipulations contained herein.
(a) Barbecue pits, not to exceed six feet by six feet.
(b) Fences and walls pursuant to Section 4.6.5.
(c) Fish or lily ponds, not to exceed a depth of 24 inches.
(d) House eaves, not to exceed a three-foot overhang.
(e) Lot line walls not to exceed six feet in height.
(f) Planter walls, not to exceed three feet in height.
(g) Pump houses, not to exceed three feet in height.
2
ORD NO. 28-06
(h) Rock gardens.
(i) Swimming pools in conformance with provisions of Section 4.6.15.
U) Air conditioner units, transformers.
(k) Permanentlv installed aenerators. not to exceed a heiaht of 4.5 feet subiect to the
provisions of LOR Section 4.3.3(ZZ).
(I) Steps and platforms for the principal building but not to exceed three (3) feet in
height.
(m) Trellises which may extend to no more than five (5) feet from the side of the
principal building or extend more than two (2) feet from the front or rear of the
principal building.
(n) Boat slips, whether attached or detached, which shall not be built closer than ten
(10) feet from any abutting property line, and which shall not occupy more than
twenty percent (20%) of the total lot area.
(0) Canopies, marquees, and covered walkways may extend within front and side
setback areas in commercial zone districts.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 28-06
PLANNIN
MEETING DATE:
APRIL 17, 2006
IV.D.
AGENDA NO.:
AGENDA ITEM:
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.3.3(ZZ) [SPECIAL REQUIREMENTS
FOR SPECIFIC USES] AND SECTION 4.3.4(H)(4) [STRUCTURES
ALLOWED IN SETBACKS] TO ALLOW PERMANENTLY INSTALLED
GENERATORS WITHIN REQUIRED SETBACKS AND PROVIDING
SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to LOR Section 4.3.3(ZZ) [Requirements for
Specific Uses] and Section 4.3.4(H)(4) [Structures Allowed in Setbacks]. The amendment is to
allow permanently installed generators up to 4.5 feet high within the required setbacks. The
proposed text amendment also provides specific requirements regarding the location restrictions
and operations of permanently installed generators.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Following the last several hurricane seasons and resulting power outages, the City has
experienced increasing demand for permanently installed generators. Permanent generators
are secured to the ground and provide uninterrupted electrical power backup to residences and
commercial businesses. They generally have underground or surface fuel storage tanks and
can be connected to natural gas lines if they are available. The LDRs do not specifically allow
generators within the required setbacks. The generators, considered akin to air conditioners
and other structures allowed in setbacks, like pump houses, planter walls, and steps/platforms,
have been limited to a maximum 3 feet in height. It is noted that the newer generator models
are up to 4.5 feet high, partially due to increased sound attenuation improvements, and as such
are in conflict with this previous provision. On March 2, 2006, the Planning and Zoning
Department received a privately initiated text amendment from Personalized Air Conditioning &
Electrical, Inc. to clarify the requirements and allow these larger generators (up to 4.5 feet)
within the required setbacks. During review, additional modifications, suggested by staff and
agreed to by the applicant, have been added which delineate specific requirements that address
the location, operation, and buffering of permanent generators.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and would be applicable citywide.
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
The following is an excerpt from a justification narrative submitted by the applicant:
n. . . We are proposing this amendment to accommodate the newer style generators which
are slightly taller than previous models. This extra height is to allow for additional sound
attenuation material located inside the units themselves, allowing the units to run at a reduced
decibel output. "
As noted previously, the proposed LOR text amendment is pertinent to all zoning categories
within the City. The text amendment would allow permanently installed generators up to 4.5
feet high within the required setbacks. The generators would be prohibited within the front and
side street setbacks. The generators and any accessory facilities such as above ground fuel
tanks would be required to be screened from view by a wall or hedge equal to the height of the
equipment. It is noted that these generators need to be "exercised" to maintain peak
operational status. The proposed text amendment limits the testing of this equipment to once
per week for 30 minutes between the hours of 10:00 a.m. and 6:00 p.m. and prohibits testing on
Sundays. This restriction is consistent with the requirements in unincorporated portions of the
County. The text amendment also limits the number of generators to one per single family,
duplex or townhouse dwelling unit. Multiple family. structures, such as condominiums or
apartments, would be limited to one generator per structure. Non-residential uses are allowed
one generator per tenant. A minimum setback of 5 feet from the side interior property line is
proposed in all zoning districts, except the R-1-A, R-1-AB and R-1-AAB single family residential
zoning districts, conventionally sited homes in the Planned Residential District, Mobile Home
zoning district, and Old School Square District, where a minimum setback of 3 feet is proposed.
The purpose for this reduced setback is to provide adequate area to install a generator given
the 7.5 to 8.5 foot required side interior setback in these zoning districts. The proposed rear
setback in all zoning districts is 5 feet from the rear property line.
It is noted that this proposed text amendment is closely tailored to a similar amendment recently
adopted by Palm Beach County.
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The proposed text amendment was not reviewed by the CRA (Community Redevelopment
Agency) or ODA (Downtown Development Authority). Further, special courtesy notices were
2
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
not transmitted to homeowner or civic associations given the minor nature of the proposed text
amendment.
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
The City's has experienced numerous requests for permanent generators for new and existing
residences and businesses. The proposed text amendment addresses the location of these
facilities within required setbacks. Further, the proposed text amendment provides specific
requirements that address the location, operation, and buffering of permanent generators. A
positive finding can be made with respect to LOR Section 2.4.5(M)(5).
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to add
LOR Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required
setbacks, by adopting the findings of fact and law contained in the Staff Report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LOR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission of the request to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4 )(k) to allow permanent generators in
required setbacks, based on a failure to make positive findings as the request is inconsistent
with the Comprehensive Plan and does not meet the criteria set forth in LOR Section
2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed Generators]
and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section
2.4.5(M)(5).
Attachments:
. Proposed Amendment
. Applicant's Justification Statement
3
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
PROPOSED LOR AMENDMENTS TO SPECIAL REQUIREMENTS FOR SPECIFIC USES
AND STRUCTURES ALLOWED IN SETBACKS
LAND DEVELOPMENT REGULATION SECTION 4.3.3
(ZZ) Permanentlv Installed Generators: The followina standards shall apply to all
permanently installed aenerators:
1 ) Generators are prohibited in the front yard and side street setbacks.
2) Generators and accessory above around facilities. such as fuel tanks. are
to be screened from view from adiacent properties or riahts-of-way by a
wall or hedae eaual to the heiaht of the aenerator at the time of
installation.
3) Generators may be operated for exercisina purposes one time per week.
excludina Sundays. for a period not exceedina 30 minutes between the
hours of 10:00 a.m. to 6:00 p.m.
4) A maximum of one aenerator is allowed per sinale family. duplex. or
townhouse residential dwellina unit except for multiple family. which is
allowed one aenerator per multiple family structure. Non-residential uses
are allowed one aenerator per tenant.
5) Generators are setback a minimum of three feet from the side interior
property line in the R-1-A, R-1-AB and R-1-MB Sinale Family Residential
zonina districts. conventionally sited homes in the Planned Residential
District. Mobile Home District. and Old School Sauare Historic Arts
District and five feet from the side interior property line (development
perimeter for townhouses) in all other zonina districts.
6) Generators are setback a minimum of five feet from the rear property line
in all zonina districts.
LAND DEVELOPMENT REGULATION SECTION 4.3.4
(4) Structures Allowed in Setbacks: The following structures are allowed in
required setbacks pursuant to stipulations contained herein.
(k) Permanently installed aenerators. not to exceed a heiaht of 4.5-feet
subiect to the provisions of LOR Section 4.3.3(ZZ).
(k D Steps and platforms for the principal building but not to exceed three (3)
feet in height.
4
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
U m) Trellises which may extend to no more than five (5) feet from the side of
the principal building or extend more than two (2) feet from the front or
rear of the principal building.
(m.oJ Boat slips, whether attached or detached, which shall not be built closer
than ten (10) feet from any abutting property line, and which shall not
occupy more than twenty percent (20%) of the total lot area.
(R Q) Canopies, marquees, and covered walkways may extend within front and
side setback areas in commercial zone districts.
5
,~ pe2~~~~~~iOning, i.nc.
~i3 & Electncal Services
159 NW. 11th STREET. BOCA RATON. FLORIDA 33432
BOCA RATON (561) 391-8190' BOYNTON BEACH (561) 732-0885
BROWARD (954) 746-8888. FAX (561) 391-1882
www.personalizedair.com
ESTABLISHED 1970
SALES. SERVICE & INSTALLATION
INDOOR AIR QUALITY SPECIALISTS
MASTER ELECTRICIANS
Personalized Power Systems
Robert Glidewell
March 1, 2006
City of Delray Beach
Dept. of Planning and Zoning
Paul Dorling
100 NW 1st Ave
Delray Beach FL 33444
Re: Amendment to Section 4.3.4 (H) (4)
Mr. Dorling:
I am enclosing a proposed amendment to land development regulations (LOR)
ordinance. This is a privately initiated LOR amendment to Section 4.3.4 (H) (4)
relating to generator installation. We are proposing this amendment to
accommodate the newer style generators which are slightly taller than previous
models. This extra height is to allow for additional sound attenuation material
located inside the units themselves, allowing the units to run at a reduced
decibel output.
If you have any questions please do not hesitate to contact myself at (561) 239-
1340 or my associate, Matt Spradley at (561) 239-1878. Thank you for your
consideration as we look forward to working with you on this matter.
~M~~
Robert Glidewell
. tated *. ~(;( dl tn.
ene. as s 0...
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RECEIVED
MAR O~2006
PLANNING & ZONING
,
'.:"
Member of: Chamber of Commerce
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERttJv1
1
AGENDA ITEM # 'O~ - REGULAR MEETING OF MAY 16.2006
ORDINANCE NO. 29-06 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(1\) DEVELOPMENT STANDARDS
MATRIX)
TO:
FROM:
DATE:
MAY 12,2006
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards
Matrix", to clarify setbacks for structures in residential districts.
The increased setbacks currendy required for 3-story multi-family structures in the RM (Multiple
Family Residential- Medium Density) and PRD (planned Residential Development) zoning districts
is to mitigate the visual impact of the additional building mass on surrounding properties. As
currendy written, there is some confusion as to whether the increased setbacks apply to the entire
structure or the third story component only. A building that is only one or two stories in front and
3 stories in the rear does not have the same impact at the front property line as one which is entirely
3 stories high. Similarly, a townhouse structure with 3-story middle units and 2-story end units will
have less impact at the side property lines than one which is entirely 3 stories high. The proposed
amendment is to clarify this difference and apply the increased set back for 3-story buildings only to
those portions of the building which are actually 3 stories in height.
On April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
amendment. There was no public testimony regarding the proposed amendment. After
presentation from the Planning Staff, the Board voted 7-0 to recommend to the City Commission
approval of the proposed amendment. Staff recommends approval by adopting the findings of fact
and law contained in the staff report; finding that the request is consistent with the Comprehensive
Plan; and finding that the request meets the criteria set forth in LDR Section 2.4.5(M) (Amendment
to Land Development Regulations).
At the first reading on May 2, 2006, the Commission passed Ordinance No. 29-06.
Recommend approval of Ordinance No. 29-06 on second and final reading.
S:\City Clerk\agenda memos Ord 29-06 LOR 243K Development Standards Matrix 051606
CITY COMMISSION DOCUMENTATION
oK
01~
I
FROM:
DAVID T. HARDEN, CITY MANAGER
-y~-;u~
~~K ~/P80NZ:\i~~G DIRECTOR OF PLANNING & ZONING
~OGGA~D,QfB~PLANNER
MEETING OF MAY 2, 2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.4 (K) TO CLARIFY SETBACKS
FOR STRUCTURES IN RESIDENTIAL DISTRICTS.
TO:
THRU:
SUBJECT:
ITEM BEFORE THE BOARD
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations Section 4.3.4(K), "Development Standards Matrix," clarifying setbacks for
structures in residential zoning districts.
PROPOSEDLDRAMENDMENT
The increased setbacks currently required for 3-story multi-family structures in the RM (Multiple
Family Residential - Medium Density) and PRO (Planned Residential Development) zoning districts
is to mitigate the visual impact of the additional building mass on surrounding properties. As
currently written, there is some confusion as to whether the increased setbacks apply to the entire
structure or the third story component only. A building that is only one or two stories in front and 3
stories in the rear does not have the same impact at the front property line as one which is entirely 3
stories high. Similarly, a townhouse structure with 3-story middle units and 2-story end units will
have less impact at the side property lines than one which is entirely 3 stories high. The proposed
amendment is to clarify this difference and apply the increased setback for 3-story buildings only to
those portions of the building which are actually 3 stories in height.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on this request on April 17, 2006. After
presentation from Planning Staff, the Board voted 7 to 0 to recommend to the City Commission
approval of the amendment to Land Development Regulations Section 4.3.4 (K), Development
Standard Matrix, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDED ACTION
Approve the amendment to Land Development Regulations Section 4.3.4 (K), Development
Standard Matrix, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachment:
. Proposed Ordinance
· Planning & Zoning Staff Report of April 17, 2006,
\~.D
ORDINANCE NO. 29-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE
DISTRICT DEVELOPMENT STANDARDS", SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
CLARIFY THE SETBACK FOR THE THIRD STORY OF A
THREE STORY BUILDING IN RESIDENTIAL ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute l63.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4 "Base District Development Standards", Subsection
4.3.4(K) "Development Standards Matrix" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.3.4 Base District Development Standards
4.3.4(K) Development Standards Matrix: The following matrices set forth the
minimum and maximum development standards for each zoning district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
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ORD. NO. 29-06
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 29-06
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
APRIL 17, 2006
AGENDA NO.:
IV.G.
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.4 (K) TO CLARIFY
SETBACKS FOR STRUCTURES IN RESIDENTIAL DISTRICTS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations Section 4.3.4(K),
"Development Standards Matrix," clarifying setbacks for structures in residential zoning districts.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
PROPOSED LOR AMENDMENT
The City-initiated amendment to the Land Development Regulations is being processed to
clarify how setbacks are to be measured for multi-story buildings in residential zoning districts.
The following footnote has been added to the Development Standards Matrix for Residential
Zoning Districts:
(7) 1 &2/3 = 1 st & 2nd Story / 3rd Story. The setback for the 3rd story shall be
applied only to those portions of the building which are 3 stories in height, not the
entire building.
ANALYSIS
The increased setbacks for 3-story structures in residential districts is to mitigate the visual
impact of the additional building mass on surrounding properties. As currently written, there is
some confusion as to whether the increased setbacks apply to the entire structure or the third
story component only. A building that is only one or two stories in front and 3 stories in the rear
does not have the same impact at the front property line as one which is entirely 3 stories high.
Similarly, a townhouse structure with 3-story middle units and 2-story end units will have less
impact at the side property lines than one which is entirely 3 stories high. The proposed
amendment is to clarify this difference and apply the increased setback for 3-story buildings
only to those portions of the building which are actually 3 stories in height.
LOR Section 2.4.5(MlC5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
IV. G.
Planning and Zoning Board Memorandum Staff Report, April 17, 2006
Amendment to LOR Section 4.3.4 (K)
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no
specific goals objectives or policies were found. The amendment is corrective in nature and
while the amendment does not further any specific Goal, Policy or Objectives of the
Comprehensive Plan it is not inconsistent with them.
REVIEW BY OTHERS
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The City-initiated amendment to LOR Section 4.3.4 (K) is corrective in nature. It is being
proposed to clear up any confusion with respect to how setbacks are to be measured for
structures in residential zoning districts. The proposed amendment is consistent with the Goals,
Objectives and Policies of the Comprehensive Plan and does not diminish them.
RECOMMENDED ACTION
Move to recommend to the City Commission approval of the amendment to Land Development
Regulations Section 4.3.4 (K), Development Standard Matrix, by adopting the findings of fact
and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachments:
. Proposed LOR Amendment - Development Standards Matrix - Residential Zoning Districts
2
o/~
.P71
[IT' DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW Iq AVENUE' DELRAY BEACH. FLORIDA 33444
[IU'PIIO"1E: 5hl/:'A.,/()l)(J' F\CSIMILE: 561/278-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, lilt! DATE:
MEMORANDUM
April 27, 2006
1993
2001 TO:
FROM:
City Commission
David Harden, City Manager
t1--~
Brian Shutt, Assistant City Attorney
SUBJECT: Release of Reservation in Property
In 1986 the Commission agreed to swap a sliver of property (225 sq. ft.) located
near the corner of A-1-A and Atlantic Avenue, in the Boston's parking, for a sliver
of property owned by Boston's that was adjacent to the City owned property at this
corner. The properties were exchanged and the City issued a warranty deed to
the property owner. The warranty deed contained our general language that the
deed was issued subject to reservations, easements and other restrictions of
record. The property owner has requested the removal of the reservations as it is
unable to obtain a title policy on the property. I have checked with the City
Engineer and Planning & Zoning and they do not have an objection to this request
as the City has no interest in this property.
By execution of the attached Quit-Claim deed the City will release any reservation
that it has in the property.
Our office requests that this item be placed on the May 16, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
\OD
RESOLUTION NO. 23-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO RELEASE
ANY RESERV ATION THAT IT HAS IN THE REAL PROPERTY
LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANTIC
AVENUE AND A-I-A AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, transferred to Boston's Restaurant the North 5.0 feet
of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet ofthe East Yz of Lot 18, all in
Block 1, Ocean Park, Delray Beach, Florida, for parking purposes on April 5, 2004; and
WHEREAS, the deed transferring the property to Boston's made reference that the transfer was
subject to reservations; and
WHEREAS, Boston's has requested that the City remove the language regarding reservations from
the deed by way of issuing a Quit Claim Deed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby agrees to release
any reservation that it has to the property listed below:
The north 5.0 ft. of the South 56.0 ft. of Lot 17 and the North 5.0 ft. of the
South 56.0 ft. of the East Half (E 12) of Lot 18, all in Block 1, Ocean Park,
Delray Beach, Palm Beach County, Florida, according to the plat thereof as
recorded in Plat Book 5, Page 15, of the public records of Palm Beach
County, Florida.
PASSED AND ADOPTED in regular session on the _ day of , 2006.
ATTEST: MA YOR
City Clerk
Prep~edby:RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of , 200_ by CITY OF
DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at 100 N.W.
1st Avenue, Delray Beach, Florida 33444, First Party, to: , with an address of
, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context
so admits or requires.)
WITNESSETH, that the said First Party, does hereby remise, release and quit-claim unto the said
Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the
following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of
Florida, to-wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of
the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party
forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year
first above written.
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
By:
(print or type name)
Jeff Perlman, Mayor
ATTEST:
(print or type name)
Witnesses as to City Clerk and Mayor
By:
City Clerk
Approved as to form:
By:
City Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 200 ,
by Jeff Perlman, as Mayor, of the City of Delray Beach, a Florida municipal corporation, on behalf of the
corporation. He/She is personally known to me.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
EXHIBIT" A"
The North 5.0 feet of the South 56.0 feet of Lot 17
and the North 5.0 feet of the South 56.0 feet of the
East % 0 Lot 18, all in Block 1, Ocean Park, Delray
Beach, Palm Beach County, Florida, according to the
map or plat thereof as recorded in Plat Book 5, Page
15 of the Public Records of Palm Beach County,
Florida.