07-11-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Tuesday. July 11. 2006
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.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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~.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. June 20, 2006 - Regular Meeting
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
A. RESOLUTION NO. 43-06: Approve Resolution No. 43-06 Recognizing and
commending Patty Taylor for 30 years of dedicated service to the City of Delray
Beach.
B. Special Recognition - Dick Sheremeta
8. CONSENT AGENDA: City Manager Recommends Approval.
A. COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT APPROVAL/
DHBH #1 PLAT: Approve the subdivision plat for a 0.672 acre site to be platted as
DHBH #1 Plat, located at the northeast comer of East Atlantic Avenue and N.E. 1st
Avenue.
1. OFF SITE PARKING AGREEMENT: Approve an Off Site Parking
Agreement in association with the preliminary/final DHBH #1 Plat.
2. RESOLUTION NO. 47-06/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 47-06 abandoning a portion of an improved north-
south alley right-of-way within Block 76, Town of Linton (Delray) Plat; located
north of East Atlantic Avenue, between N .E. 1 st Avenue and N .E. 2nd Avenue.
3. TEMPORARY ACCESS EASEMENT AGREEMENT: Approve a
Temporary Access Easement Agreement associated with the 16' x 26' portion of
improved north-south alley right-of-way within Block 76 proposed for
abandonment.
B. RESOLUTION NO. 46-06: Approve Resolution No. 46-06 assessing costs for
abatement action required to remove nuisances on eighteen (18) properties throughout
the City.
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C. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of
Peter Perri, West Atlantic Redevelopment Coalition (WARC) Representative, and
Reginald Cox, alternate W ARC Representative, for unexpired terms ending September
30, 2006; Peter Arts, Community Redevelopment Agency Representative, for a two (2)
year term ending July 1, 2008; and Herman Stevens, Downtown Development
Authority Representative, for an unexpired term ending August 1,2006.
D. SUBDIVISION IMPROVEMENT AGREEMENT/LEGACY BANK: Approve
a Subdivision Improvement Agreement between the City and Legacy Bank for required
improvements to the alley adjacent to the project as a condition of development.
E. REQUEST FOR SIDEWALK DEFERRAL/908 HYACINTH DRIVE: Approve
a request to defer the installation of a sidewalk in front of 908 Hyacinth Drive. Staff
recommends approval.
F. CHANGE ORDER NO.1 (CONTRACT ADDITION)/CHAZ EOUIPMENT
COMPANY. INC.lS.E.lN.E. e STREET ONE WAY PAIR PROJECT/OLD
SCHOOL SOUARE UTIUTY RELOCATION: Approve Change Order No.1
(Contract Addition) to the S.E./N.E. 1st Street One Way Pair Project in the amount of
$123,100.00 to Chaz Equipment Company, Inc. for the installation of double 6" Florida
Power & Light conduits for the conversion to underground electric lines for Old School
Square. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School
Square).
G. CHANGE ORDER NO. 2/WEST CONSTRUCTION~ INC: Approve Change
Order No.2 between the City and West Construction, Inc. in the amount of $71,350.00
for the installation of sod and a sidewalk, which were previously removed from the
original contract, to the Machek Boy Scout Park Project. Funding is available from 380-
4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park).
H. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /
CITYSCAPE: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Cityscape, located at the northwest
comer of N.E. 3rd Street and N.E. 5th Avenue (southbound Federal Highway) and
approve a hold harmless agreement with the developer (Cityscape PDC, LLC).
I. AMENDMENT NO. lIINTERLOCAL AGREEMENT /SCHOOL BOARD
OF PALM BEACH COUNTY: Approve Amendment No.1 to the Interlocal
Agreement between the City and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex and Joint Use of Land and Facilities,
to add the requirement of Level 2 Screening for employees and contractual personnel
with access to the School Board's facilities, to comply with the Jessica Lunsford Act.
J. RESOLUTION NO. 49-06/STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN: Approve
Resolution No. 49-06 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code.
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K. GRANT APPLICATION/2005 DEPARTMENT OF COMMUNITY AFFAIRS
(DCA) DISASTER RECOVERY INITIATIVE: Authorize staff to apply, through
Palm Beach County Housing and Community Development, for funding in the amount
of $3,135,500.00 under the 2005 Department of Community Affairs Disaster Recovery
Initiative.
L. SERVICE AUTHORIZATION NO. 1.0/DIGBY BRIDGES. MARSH AND
ASSOCIATES. P.A.: Approve Service Authorization No. 1.0 to Digby Bridges, Marsh
and Associates, P.A. in the amount of $16,500.00 for professional design services for
the expansion of the Police Department's Generator Room to accommodate a new 600
KW Generator. Funding is available from 001-2115-521-62.10 (General Fund/
Buildings).
M. AWARD OF BIDS AND CONTRACTS:
1. Approve a purchase order to Ron Bell, Inc. in the total amount of $59,640.00
for the re-roofing of the Delray Beach Police Department Shooting Range and
Evidence Storage Building ($39,840.00) and Lift Station #100 ($19,800.00)
which were damaged by Hurricane Wilma. Funding is available from 551-1575-
591-45.50 (Business Insurance Fund/Property Claims).
2. Contract award to Rosso Paving & Drainage, Inc. in the amount of $390,972.20
for the construction of a pavilion, tot lot playground surface, hardscape items,
landscaping, irrigation, and parking for the Eagle Park Project. Funding is
available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks).
3. Contract award to Shenandoah Construction in the amount of $26,605.00 for
the cleaning/televising of the existing drainage pipes for the Sea
Sage/Melaleuca/Oleander Stormwater Project. Funding is available from 448-
5461-538-65.35 (Stormwater Utility Fund/Sea Sage/Melaleuca/Oleander Fund).
4. Bid award to V.P.H. Builders, Inc. in the amount of $23,500.00 for the
demolition, removal, and replacement of the Atlantic Avenue and A-l-A beach
crossover walkway and observation deck. Funding is available from 001-4131-
572-63.40 (General Fund/Recreation Improvements).
5. Lease agreement with Ikon Office Solutions in the total amount of $28,467.00
over a three (3) year term via the Miami-Dade Contract #114DD11 for the lease
of an Ikon-Cannon Image Runner 7095 Copier for the City Clerk's Office.
Funding is available from 001-1411-512-44.30 (General Fund/Equipment
Rental Leases).
6. Bid award to multiple vendors for the purchase of road construction materials
for the City via Co-op Bid at an estimated annual cost of $300,848.00. Funding
is available from various departments operating expense budgets and capital
project accounts.
7. Contract award to Sentry Industries, Inc. for a two (2) year period at an
estimated annual cost of $250,000.00 for the first year for the purchase and
delivery of Sodium Hypochlorite. Funding is available from 441-5123-536~
52.21 (Water/Sewer Fund/Chemicals).
07-11-2006
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8. Bid award to u.s. Biosystems, Inc. at an estimated annual cost of $22,450.00 for
supplemental laboratory analysis for the Water Treatment Plant Lab. Funding is
available from 441-5124-536-34.90 (Water/Sewer Fund/Other Contractual
Services).
9. Contract award to P.B. Deco Concrete in the amount of $18,250.00 for the
cleaning and repair of the textured concrete at the Delray Swim and Tennis
Facility. Funding is available from 001-4215-575-46.90 (General Fund/Other
Repair/Maintenance Costs).
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /SEAGATE BEACH CLUB: Consider a
request to allow the demolition and reconstruction of a new private beach club, the
Seagate Beach Club, with attendant recreational, dining, and related accessory facilities,
within the RM (M:edium Density Residential) zoning district, located on the east side of
South Ocean Boulevard, south of Casuarina Road (400 South Ocean Boulevard).
(Quasi-Judicial Hearing)
B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an appeal
of the Historic Preservation Board's decision denying a demolition permit for 527
North Swinton Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial
Hearing)
C. WAIVER REQUEST /GRAMERCY SOUARE: Consider a waiver request to waive
Land Development Regulations (LDR) Section 6. 1.2(C) (3) (a), "Paving Widths", to
reduce the required minimum paving width for an interior road from 24' to 20' for
Gramercy Square Phase II, pursuant to LDR Section 2.4.7(B)(5), ''Waiver Findings".
(Quasi-Judicial Hearing)
D. SPECIAL EVENT REOUEST & RESOLUTION NO. 48-06/29TH ANNUAL
ROOTS CULTURAL FESTIVALIYOUTH AND ADULT BASKETBALL
TOURNAMENTS: Consider approval of a special event request to allow the 29th
Annual Roots Cultural Festival Family Day in Pompey, Festival Parade, One Day
Gospel Festival on the Square, and Youth and Adult Basketball Tournaments to be held
July 21,2006 through August 12, 2006, and approve Resolution No. 48-06 in support of
the event; granting temporary use permit per LDR Section 2.4.6(H) for the use of City
facilities, right of way and parking lots; authorize staff support for security; waiver of
facility rental fee for City facilities; contingent upon sponsor providing a liability
insurance certificate, rental agreement from Old School Square (OSS) , and a hold
harmless agreement.
E. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2006-1:
Formally initiate Comprehensive Plan Amendment 2006-1 pursuant to Section 9.2.1 of
the Land Development Regulations.
07-11-2006
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F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider the actions and decisions made by the Land Development Boards for the
period June 19,2006 through July 7, 2006.
G. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 80th Annual Conference to be held at the Hyatt Regency Hotel in Jacksonville,
Florida on August 10-12,2006.
H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board for a two (2) year term ending July 1, 2008. Based
upon the rotation system, the appointment will be made by Commissioner Levinson
(Seat #3).
J. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint two (2) regular members and one (1) resident member to the Delray Beach
Housing Authority for four (4) year terms ending July 14, 2010. Based upon the
rotation system, the appointments will be made by Commissioner Ellis (Seat #1),
Commissioner Fetzer (Seat #2), and Commissioner Levinson (Seat #3).
K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority (DDA) for
an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular
members for two (2) year terms ending July 31, 2008 and one (1) student member for a
one (1) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
M. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint
three (3) regular members to the Public Art Advisory Board for two (2) year terms
ending August 2, 2008. Based upon the rotation system, the appointments will be made
by Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), and Mayor
Perlman (Seat #5).
07-11-2006
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10. PUBLIC HEARINGS:
A. RESOLUTION NO. 45-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /SCHOOL BOARD OF PALM BEACH COUNTY: Consider
approval of Resolution No. 45-06 authorizing the City to purchase property from the
School Board of Palm Beach County for the construction of a soccer complex for
recreational purposes, located at 2501 Seacrest Boulevard (old Atlantic High School
Site); and Contract for Sale and Purchase between the City and the School Board of
Palm Beach County in the amount of $834,750.00.
B. ORDINANCE NO. 30-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", to provide that
properties in single family residential districts may only be entitled to one (1) extension
for a building permit; amending Section 4.4.3, "Single Family Residential (R-l)
Districts", by enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions"
and Subsection 4.4.30), "Violations of 4.4.3(1)", to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators.
C. ORDINANCE NO. 36-06: An ordinance amending Chapter 136, "Sexual Offenders
and Sexual Predators", of the Code of Ordinances, Section 136.02, 'Sexual Offenders
and Predator Residence Prohibition", to provide for an additional exception to the
residence prohibition to exclude persons who were convicted of the enumerated
offenses prior to October 1,2004 to mirror the Florida State Statutes.
D. RESOLUTION NO. 28-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 28-06 authorizing the City to transfer/sell City
owned property, located at 218 S.W. 4th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00.
E. RESOLUTION NO. 29-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.:
Consider approval of Resolution No. 29-06 authorizing the City to transfer/sell City
owned property, located at 1025 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00.
F. RESOLUTION NO. 30-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 30-06 authorizing the City to transfer/sell City
owned property, located at 1027 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
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G. RESOLUTION NO. 31-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 31-06 authorizing the City to transfer/sell City
owned property, located on S.W. 2nd Street, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00.
H. RESOLUTION NO. 32-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell City
owned property, located on N.W. 8th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
I. RESOLUTION NO. 33-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 33-06 authorizing the City to transfer/sell City
owned property, located on S.W. 13th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00.
J. RESOLUTION NO. 34-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /DELRAY BEACH COMMUNITY LAND TRUST, INC.:
Consider approval of Resolution No. 34-06 authorizing the City to transfer/sell City
owned property, located on S.W. 2nd Terrace, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
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.
12. FIRST READINGS:
A. ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use Map
amendment from County RL-3 (Low Density Residential- 3 dwelling units per acre) to
City TRN (Transitional) and Rezoning from County CG /SE (Commercial
General/Special Exception to City SAD (Special Activities District) for a 0.99 acre
property, to be known as Robotic Space Savers, located at the southwest comer of
Conklin Drive and Military Trail. If passed, a public hearing will be scheduled for July
25, 2006.
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B. ORDINANCE NO. 39-06: Amendment to the Land Development Regulations
(LDR) Article 4.7, Family/Workforce Housing", Subsection 4.7.4(d), "Density Bonus
Program for the Southwest Neighborhood Overlay District, Carver Estates Overlay
District, and Infill Workforce Housing Area; Bonus Allowances", to provide the same
number of bonus units for "sale" and "rental" units; Section 4.7.7, "For Sale Housing
Units", to allow a right of flrSt refusal to the Community Land Trust; and 4.7.9(c)(v) to
provide that the proportions of "for sale" to "for rent" units for projects that are
funded by certain State financing programs shall not need to be proportional if 20% of
the "for sale" units are workforce units. If passed, a public hearing will be scheduled
for July 25, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 7,2006
07-11-2006
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JUNE 20. 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, June 20,2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Jon Levinson
Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Terrill Barton, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy McCarthy with St.
Paul's Episcopal Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mrs. Montague moved to approve the Agenda, seconded by Mrs. Ellis.
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.
s.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of June
6,2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the SpeciallWorkshop
Meeting of June 13,2006, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
06/20/06
6.
PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
7.A. Hamlet Country Club Charity Dav Presentations
Mr. Alan Goldstein, on behalf of the Hamlet Country Club membership,
thanked Mayor Perlman and the Commissioners for allowing time to make a
presentation. The members of the Hamlet for twenty-five (25) consecutive years have
been participating in charity event fund raising. The current five (5) charities are Delray
Citizens for Delray Police, Delray Beach Fire Department, Delray Beach Police
Department, Old School Square, and the Delray Beach Public Library. In 2006, the
Hamlet raised $68,000 after expenses which were a 70% increase over 2005. Perry
DonFrancisco came forward to receive a $6,000 check for the Delray Citizens for Delray
Police scholarship fund. Major William McCollom came forward to receive a check for
the Delray Police Department in the amount of $18,500. Fire Chief Kerry Koen came
forward to receive a check for the Delray Beach Fire Department in the amount of
$18,500. Joe Gillie, Executive Director of Old School Square, came forward to receive a
check for Old School Square in the amount of$12,500. Dan Murtaugh, President of the
Board of the De1ray Beach Public Library came forward to receive a check for the
Library in the amount of $12,500. Mr. Goldstein urged the recipients to apply the funds
received as they are needed in order to improve the quality of life of youngsters in De1ray
Beach.
Mayor Perlman thanked Mr. Goldstein and the Hamlet for their generosity, and
noted the Hamlet also supports other charitable events throughout the year.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV ALILITTLE WOOD
ESTATES: Approve the subdivision plat for the Little Wood Estates Plat, located on
N.W. 1st Avenue near Lake Ida Road and Swinton Avenue.
8.B. RESOLUTION NO. 41-06/ABANDONMENT OF EASEMENT:
Approve Resolution No. 41-06 abandoning a ten (10) foot wide sewer easement
associated with Cityscape, a mixed-use development, located on the west side ofN.E. 5th
Avenue (southbound Federal Highway), between N.E. 3rd Street and N.E. 4th Street.
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06/20/06
The caption of Resolution No. 41-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, V ACA TING
AND ABANDONING A 10-FOOT WIDE SEWER
EASEMENT LYING WITHIN LOTS 4 THROUGH 10
OF BLOCK 97, HIGHLAND PARK (pLAT BOOK 2,
PAGE 79), AS RECORDED IN ORB 921, PAGES 420-
421, AS MORE PARTICULARLY DESCRIBED IN
EXHffiIT "A".
(The official copy of Resolution No. 41-06 is on file in the City Clerk's
office. )
8.C. RESOLUTION NO. 42-06/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 42-06 abandoning a portion of the east-west alley and north-
south alley right-of-way within Block 77, Town of Linton (Delray) Plat associated with
the Worthing Place Block 77 Development; located between S.B. 1st Avenue and S.B. 2nd
Avenue and S.E. 1st Street and Atlantic Avenue.
The caption of Resolution No. 42-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF THE EAST-
WEST ALLEY AND NORTH-SOUTH ALLEY LYING
WITHIN BLOCK 77, TOWN OF LINTON (NOW
DELRAY BEACH), AS RECORDED IN PLAT BOOK 1,
PAGE 3, AS MORE PARTICULARLY DESCRIBED IN
EXHffiIT "A".
(The official copy of Resolution No. 42-06 is on file in the City Clerk's
office. )
8.D. REQUEST FOR SIDEWALK DEFERRALIlOll VISTA DEL MAR
DRIVE NORTH: Approve a request to defer the installation of a sidewalk in front of
1011 Vista Del Mar Drive North. Staff recommends approval.
8.E. AMENDMENT NO. lICHRIS EVERT CHARITIES. INC.
AGREEMENT: Approve Amendment No. 1 to the agreement between the City and
Chris Evert Charities, Inc. to provide for the date of the Event and the due date for certain
payments made by the City to Chris Evert Charities.
8.F. UNDERGROUND FACILITIES CONVERSION
AGREEMENT/FLORIDA POWER & LIGHT COMPANY (FPL): Approve an
Underground Facilities Conversion Agreement between the City and Florida Power &
Light (FPL) in the amount of $100,752.00 for the provision of underground electric
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06/20106
distribution facilities by FPL in place of the existing overhead electric distribution for the
Old School Square (OSS) Parking Garage Project. Funding is available from 380-4150-
572-63.29 (2004 G.O. Bond/Old School Square).
8.G. SERVICE AUTHORIZATION NO. 1.2/CH2M HILL. INC.: Approve
Service Authorization No.1.2 to CH2M Hill, Inc. in the amount of $12,000.00 for
geochemical characterization of the City's Aquifer Storage and Recovery (ASR) Well.
Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement
Fund/Other Repair/Maintenance Costs).
8.H. RESOLUTION NO. 44-06: Approve Resolution No. 44-06 supporting
the Carver Estates Revitalization Hope VI Grant application developed by the Delray
Beach Housing Authority.
The caption of Resolution No. 44-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY WHICH
THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH HEREBY RESOLVES THAT IT
ENTHUSIASTICALLY AND WHOLEHEARTEDLY
SUPPORTS THE CARVER ESTATES
REVITALIZATION HOPE VI GRANT APPLICATION
DEVELOPED BY THE DELRAY BEACH HOUSfNG
AUTHORITY TO THE UNITED STATES
DEPARTMENT OF HOUSfNG AND URBAN
DEVELOPMENT.
(The official copy of Resolution No. 44-06 is on file in the City Clerk's
office.)
8.1. PURCHASE ORDER INCREASE/RON BELL ROOFING: Approve
an increase of $46,307.00 to purchase order #634762, Ron Bell Roofing, for the repairs to
the Old Train Depot roof which was damaged by Hurricane Wilma. Funding is available
from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
8.J. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING
AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL:
Approve and authorize the execution of a funding agreement in the amount of $22,090.00
with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed
Program (now known as the Coalition for Community Renewal). Funding is available
from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/
Aid).
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06/20/06
8.1(. CHANGE ORDER NO. 1 (CONTRACT
ADDITION)IHORSEPOWER ELECTRIC. INC.: Approve Change Order No. 1
(Contract Addition) between the City and Horsepower Electric, Inc. in the amount of
$35,394.00 to address the change in the mast arms required by Palm Beach County for
the US 1 at Tropic Boulevard Signalization Project. Funding is available from 334-3162-
541-65.68 (General Construction FundlUS 1 at Tropic Boulevard).
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 5, 2006 through June 16,2006.
8.M. AWARD OF BIDS AND CONTRACTS:
1: Lease award to Ikon Office Solutions in the total amount of
$16,194.24 over a three (3) year term via the Miami-Dade Contract
#114-DD11 for the lease of a Cannon IR5070 Copier for the
Finance Department. Funding is available from 001-1511-513-
44.30 (General Fund/Equipment Rental Leases).
2. Purchase award to GameTime in the total amount of $69,357.79
via Florida State Contract #650-001-04-1 for playground
equipment for Bexley Trail Community Park and Eagle Park.
Funding is available from 338-4150-572-63.24 (2004 G.O.
Bond/Bexley Park) and 380-4150-572-63.23 (2004 G.O.
BondlNeighborhood Parks).
3. Contract award to Bellsouth Telecommunications, Inc. in the total
annual amount of $23,400.00 for a period of thirty-six (36) months
for a Dedicated Internet Service solution for City Hall
($15,600.00) and the Police Department ($7,800.00). Funding is
available from 001-2113-521-41.10 (General Fund/ Telephone
Expense and 001-1811-513-41.20 (General Fund/Internet Access).
4. Bid award to GMPCS in the amount of $23,582.00 for the
purchase and installation of ten (10) satellite telephone kits, eight
(8) antennas, and ten (10) battery back-ups for use in emergency
situations. Funding is available from various office equipment
accounts.
5. Bid award to Welling Construction in the amount of $173,634.75
for the La Hacienda Gardens Park Project. Funding is available
from 334-4131-572-68.12 (General Construction
FundlNeighborhood Park - La Hacienda).
Mrs. Ellis moved to approve the Consent Agenda, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0
vote.
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06/20/06
9.
REGULAR AGENDA:
9.A. WAIVER REOUESTS/SEAGATE RESIDENCES: Consider a request
for waivers associated with the Class V site plan for the Seagate Residences, located at
the southwest comer of State Road A-I-A and Casuarina Road (400 South Ocean
Boulevard). (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 items.
Chevelle D. Nubin, 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 Department project file #2006-028 into the record.
Mr. Dorling stated the Site Plan and Appearance Board (SPRAB)
approved a Class V site plan for this project on April 5, 2006 which involved the
construction of a three story multi-family structure that contains 30 dwelling units. Mr.
Dorling stated this included two waivers: (1) LDR Section 4.4.6(H) (3) which requires
recreational facilities for children of all ages; (2) LDR Section 4.6.9(D)(3)(c)(I), which
requires a 50 foot stacking distance at all driveways. The required findings with respect
to Section 2.4.7(B)(5) are made in the staff report and the City Commission
documentation. The applicant has indicated that there is going to be a swimming pool in
this 30 unit development and that each resident would have a membership in the club
which has access, across the street, to the beach. Staff recommends approval of both
WaIvers.
Gary Stofft. representine: Randall StoOl Architects, briefly reviewed
the site plan for the project.
Brian Shutt, Assistant City Attorney, briefly 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 both waivers and adopt the Board Order as
stated, seconded by Mr. Fetzer. 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.
9.B. DELRA Y BEACH HISTORICAL SOCIETY REOUEST: Consider a
request received from the Delray Beach Historical Society for the City to assume
ownership of the FEC Depot and to provide capital assistance for the construction of a
permanent facility to house the archive and historical artifact collections.
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06/20/06
Mr. Robert A. Barcinski, Assistant City Manager presented the item to the
Commission seeking their direction. He stated this is a request from the Delray Beach
Historical Society for the City of Delray Beach to assume the ownership of the FEC
Depot, and as part of that acceptance to provide capital assistance for the permanent
facility for their archives room, and historical artifacts. In addition, it is requested to
relocate the FEC Depot to a downtown location. Location and cost would have to be
determined. One option for the archives room would be to build a new structure of
approximately 2,000 square feet, with a cost of $450,000 to $500,000. Staffs
recommendation is, in principal, the City should have ownership of the FEC Depot
facility but first find out where to move it and how much it will cost. The archive room
issue needed to be addressed as the FEC site lease with Ocean City Properties expires
September 30, 2008, and the lease with Old School Square for the current archives room
expires July 30, 2007. Old School Square will work with the Historical Society while
they are in transition and looking for extra space for the archives room. Old School
Square needs help with their certification from the Association of Museums to enable the
display of more exhibits.
Robert W. Ganeer. Board member of the Historical Society of Delrav
Beach and of Palm Beach County spoke with reference to the FEC Depot and the
original relocation twelve (12) years ago from a farm site west of Delray Beach, to its
current site at the old Ocean City Lumber Yard. He stated the Historical Society is
excited to have the opportunity to work with the City to sustain the historical significance
of the FEC Depot, and at the same time finding a use where more people will have the
opportunity to see it. The archives room is the second item on the agenda and is the
connection between the decision to try to place the Depot into stronger hands and what to
do with the archives room. The archives room has been in the Cornell Museum at Old
School Square for the past fifteen years and the lease is about to expire. The Cornell
Museum needs the space. The archives contain a wonderful Delray Beach newspaper
collection from 1920 to 1986, older newspaper from the early teens, and documents and
audio recordings of the early years in Delray Beach. The Commission will be asked for
financial support as the relocation endeavor proceeds, which would take approximately
three (3) to five (5) years.
It was the consensus of the Commission to direct Staff to work with the Historical
Society on this project.
9.C. DOWNTOWN PROJECT ASSESSMENTlfREASURE COAST
REGIONAL PLANNING COUNCIL: This is before the Commission to receive the
report of the Downtown Project Assessment; for Hotel Vista del Mar, Atlantic Plaza
Redevelopment, and South Swinton A venue Redevelopment; as presented by the
Treasure Coast Regional Planning Council at the June 13, 2006 Workshop Meeting and
direct staff to draft ordinances incorporating the report's objectives.
The City Manager provided information to the Commission requesting
receipt and approval of the Downtown Project Assessment as presented by the Treasure
Coast Regional Planning Council.
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06/20/06
Mrs. Ellis moved to receive and accept the Downtown Project Assessment from the
Treasure Coast Regional Planning Council, seconded by Mrs. Montague. 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.
Mayor Perlman stated staff was directed to draft ordinances incorporating
the report's objectives. He noted that very good suggestions on the design guidelines
came out of discussions. One of the most exciting presentations was the Swinton Avenue
recommendations. Mayor Perlman expressed how important that vision of the Swinton
Avenue project would be for future generations. As staff drafts the ordinances, Mayor
Perlman would like to have the City's staff and the Community Redevelopment Agency
(CRA) brainstorm to look at incentives which could be offered to a developer who would
be developing the properties. Since purchasing the property is not a practical solution,
the City could play a roll by offering incentives towards this vision. The City could
request an RFP and offer financial or regulatory incentives to bring the vision to life.
Mrs. Montague felt great ideas were presented, however a balance was
needed. She stated the developer of the Atlantic Plaza, owns the property and needs to
develop it properly, as well as make a profit. She questioned whether incentives could be
looked at as far as that project is concerned.
Mayor Perlman stated the difference in the two properties is that Swinton
Avenue has more of a historic nature with the Sundy House and other parcels located
there. He felt he would have a concern with an incentive package for Atlantic Plaza
because it is possibly the most attractive site in the City. Issues which have been
addressed are: massing, buildings, civic space has been enhanced with the opening to
Veteran's Park, parking, and traffic flow by directing traffic on to Federal Highway.
Mrs. Montague questioned what the next steps would be with the Swinton
Avenue project and the Atlantic Plaza Property.
The City Manager stated the process would begin with the changes in the
design guidelines, an ordinance would need to be drafted, the project would go to
Planning and Zoning for review, then to the Commission for adoption. The other factor
would be to work with the Community Redevelopment Agency (CRA) to see what might
need to be done to help facilitate some of the changes, particularly on South Swinton
Avenue.
Mrs. Montague questioned how the City should address the other two (2)
sites. She stated the Swinton Avenue site is the easier site as it is for sale, but it was
different for the other two (2) sites as plans have been brought forth.
The City Manager stated the developers, particularly of Atlantic Plaza,
were asked to wait until the process had occurred. The City will wait to see how the
developers respond to the process and what has been suggested. The same situation will
apply to the Hotel Vista Del Mar.
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06/20/06
Mr. Fetzer agreed with Mayor Perlman's comment that the ball is in the
developer's court. There has been a considerable amount of good public input in this
process, and he is interested to see what the developer will come back with.
Mrs. Ellis stated she felt the developers of the Atlantic Plaza and Hotel
Vista Del Mar sites will take care of themselves. The developers will come back with
proposals the Commission can or cannot agree with. Those parcels are private property
which can be bought and sold for development, so the City might not be dealing with the
same players. The concern is with the South Swinton Avenue site, and the historic
potential. There are certain things that make up the soul of the community.
9.D. BANNER HANGING POLICY: Consider approval of the proposed
Banner Hanging Policy as recommended by staff.
Robert A. Barcinski, Assistant City Manager stated staff is requesting the
Commission to reconsider the Banner Hanging Policy, which was first brought to
Commission in February. At that time, the Commission was not ready to make a
decision on the staff recommendations and wanted more time, and felt this policy needed
more thought. The Downtown Development Authority (DDA) would like to see the
welcome banners hung on all poles on Atlantic Avenue, as well as, on N.E. 4th Avenue
from Atlantic to 2nd Street, on Swinton Avenue to N.E. 4th Street on the north side, and to
S.E. 2nd Street on the south side. Staff recommends all welcome banners be hung at all
intersection comers on Atlantic Avenue then on every other pole, then on N.E. 4th Street
only as far as N.E. 1st Street, and on Swinton Avenue going one (1) block north and one
(1) block south of Atlantic Avenue. The difference in the recommendations is the extent
of the commercial area where the banners should be hung rather than extending the
banners into residential areas.
Mrs. Ellis would like to see the banners on the side street areas.
The City Manager gave details on the extent where the banners would be
hung in the future; including all the way down Atlantic Avenue to Interstate 95 once that
area has been redeveloped. He explained it would be a monumental task involving
considerable man hours, however if the Commission expresses interest in the banners
extending beyond the proposed suggestions, it would be done.
MaIjorie Ferrer, Downtown Coordinator for the Downtown Development
Authority (DDA) ex~lained the justification why the DDA recommends the banner
locations extend to 4t Street instead of 1 st or 2nd Streets. The four blocks north to 4th
Street were included in the beautification plan which was included in the cluster study,
and part of Old School Square Historic Arts District (OSSHAD). The banners would
connect with the paver sidewalk beautification, and the clustered outlines of the DDA
District.
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06/20/06
Mr. Fetzer moved to approve, subject to staff recommendations, with
modifications for the location of the banners to extend to 2nd Street, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - No; Mr. Fetzer - Yes. Said motion passed with a 3 to
1 vote, with Mrs. Ellis dissenting.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to. PUBLIC HEARINGS:
to.A. ORDINANCE NO. 35-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific
Uses", to require the installation of generators for certain critical facilities. 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. 35-06 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 DELRAY BEACH,
FLORIDA, CHAPTER FOUR "ZONING
REGULATIONS", BY ENACTING A NEW
SUBSECTION 4.3.3(LL), "KIDNEY DIALYSIS
CENTERS"; BY ENACTING A NEW SUBSECTION
4.3.3(LLL), "PHARMACIES"; BY ENACTING A NEW
SUBSECTION 4.3.3(MM), "GROCERY STORES"; BY
ENACTING A NEW SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL BUILDINGS
EQUIPPED WITH ELEVATORS"; BY ENACTING A
NEW SUBSECTION 4.3.3(000), "CLUBHOUSES AND
COUNTRY CLUBS", ALL TO PROVIDE THAT
CERTAIN KIDNEY DIALYSIS CENTERS,
PHARMACIES, GROCERY STORES, RESIDENTIAL
BUILDINGS WITH ELEVATORS, CLUBHOUSES AND
COUNTRY CLUBS SHALL PROVIDE AUXILIARY
POWER GENERATORS WITHIN SPECIFIED TIME
FRAMES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-06 is on file in the City Clerk's
office.)
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06/20/06
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws ofthe
State of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, provided background on
Ordinance No. 35-06 which was read for first reading on June 6, 2006 with direction to
staff to individually notice all affected parties which included pharmacies, and grocery
stores over 10,000 feet, dialysis centers, clubhouses, and residential buildings in the City
which had elevators. This was accomplished between the first and second reading. Staff
is recommending approval at this time.
Mayor Perlman declared the public hearing open.
John Gale. Maintenance Mana2er at the Penthouse Delrav which is
located 1910 S. Ocean Boulevard in Delray Beach, came forward to state that Penthouse
Delray approves of the new requirements except the height requirement for residential
buildings. The Penthouse is a four (4) story building with eighty (80) units. There are
only fifteen (15) full time residents out of eighty (80) during tlte hurricane season. The
expense to install a generator at this complex for the hydraulic elevators would cost
$75,000 to $90,000. Insurance was recently cancelled because of their location on a
barrier island, and they had to transfer to wind insurance which now costs $95,000, an
increase of $50,000 from their previous premium. Mr. Gale stated the extra expense of
the generator would be an unnecessary burden on the residents of Penthouse Delray.
Joe Black. President of Tropic Bav Condo Association stated their
complex has 399 units with thirteen (13) buildings five (5) stories high. Tropic Bay is in
a mandatory evacuation area and the cost would be an undue hardship on the residents. It
would also be difficult to store fuel for the generator; therefore the residents are against
Ordinance No. 35-06.
Alene E201 Aarons. President of the Churchill Condominium on
Federal Hi2hwav on the Intracoastal, stated their Association was also in a mandatory
evacuation area. Churchill is a five story building with thirty (30) apartments of which
approximately ten (10) are in occupancy year round. Insurance and liability for storing
propane are a concern.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 35-06, the public hearing was closed.
Mr. Fetzer was not in favor of requiring generators in existing
condominiums, only new construction. He felt this was an issue which should be
discussed between the condominium residents.
Mrs. Ellis stated this is a public safety issue and recommended the City
give residential complexes six (6) years to comply.
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06/20/06
Mrs. Montague stated this is a safety issue. She felt the people who own
the properties now may not own them in the future. There are issues for the Police and
Fire Departments, and all issues have to be weighed. Time for compliance could be
extended, but Mrs. Montague felt the requirement for generators should be mandatory.
Mayor Perlman stated the kidney dialysis centers, pharmacies, and any
business which has a life saving component is critical, also concurring with Mr. Fetzer
that the issue should be discussed among the residents of the condominiums.
It was the consensus of the Commission to make generators mandatory on
grocery stores, dialysis centers, and new construction.
Mayor Perlman asked Fire Chief Kerry Koen to submit information
offering the view and experience of the Fire Department concerning this issue as related
to the last few hurricane seasons.
Mrs. Ellis moved to adopt Ordinance No. 35-06 minus Section 4.3.3(00)
"Multifamily Residential Buildings Equipped with Elevators" of the Land Development
Regulations of the City of Delray Beach 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. Said motion passed with a 4
to 0 vote.
10.B. ORDINANCE NO. 30-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", to provide that
properties in single family residential districts may only be entitled to one (1) extension
for a building permit; amending Section 4.4.3, "Single Family Residential (R-l)
Districts", by enacting Subsection 4.4.3(n, "Construction Site Conditions/Restrictions"
and Subsection 4.4.3(J), "Violations of 4.4.3(1)", to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators. If
passed, a second public hearing will be scheduled for July 11,2006.
The caption of Ordinance No. 30-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS", SUBSECTION
2.4.6(B)(4), "CONDITIONS OF THE PERMIT", TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY ONLY BE
ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, "SINGLE
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06/20/06
FAMILY RESIDENTIAL (R-1) DISTRICTS", BY
ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION
SITE CONDITIONSIRESTRICTIONS", AND
SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(1)", TO
PROVIDE FOR CONDITIONS AND RESTRICTIONS
FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 30-06 is on file in the City Clerk's
office. )
Brian Shutt, Assistant 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.
Brian Shutt, Assistant City Attorney, stated that this ordinance is before
the Commission for first reading and first public hearing. It was heard at the last regular
Commission meeting. However, in the interim, there was a change in the ordinance
regarding the size of the one temporary trailer, building, or shed which could be allowed
on the property and to specify that the footprint size requirement would not exceed ten
foot by twelve foot (10' X 12') structure (Section 2(1)(3)).
Paul Dorling, Director of Planning and Zoning, stated there were issues
concerning developers working in neighborhoods. Restrictions and guidelines have been
addressed in Ordinance No. 30-06. The Planning and Zoning Board unanimously
recommends approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 30-06,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 30-06 on First ReadinglFirst
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
to.C. ORDINANCE NO. 34-06: An ordinance amending Section 37.45,
"Supplemental Code Enforcement Procedures", to provide for civil violation imposition
and collection of penalties via ticketing through City Code and Law Enforcement
Officers; and to provide for a Hearing Officer to hear civil violation appeals. 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.
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06120/06
The caption of Ordinance No. 34-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES", OF THE
CODE OF ORDINANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES"; PROVIDING FOR A HEARING
OFFICER TO HEAR CIVIL VIOLATION APPEALS;
PROVIDING FOR PENALTIES, IMPOSITION, AND
COLLECTION OF LIENS; PROVIDING FOR CIVIL
OFFENSES; PROVIDING FOR PAYMENT FOR
SERVICES AND QUALIFICATIONS OF HEARING
OFFICERS; PROVIDING FOR THE ESTABLISHMENT
OF CIVIL VIOLATION PROCEDURES; PROVIDING
FOR THE ESTABLISHMENT OF CIVIL PENALTIES
FOR VIOLATIONS; PROVIDING FOR IMPOSITION
AND COLLECTION OF CIVIL PENALTIES;
PROVIDING FOR APPEALS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 34-06 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws ofthe
State of Florida and the Charter of the City of Delray Beach, Florida.
Al Berg, Assistant Director of Community Improvement, stated Ordinance
No. 34-06 was created to supplement the City's Code Enforcement Board process,
specifically itinerant issues.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 34-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 34-06 on Second and FINAL
Reading, seconded by Mrs. Montague. 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.
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06/20/06
10.0. ORDINANCE NO. 32-06: City initiated rezoning from RM (Medium
Density Residential) to CF (Community Facilities) for Lots 11 and 23, Block 6, Atlantic
Gardens, located approximately 57 feet north of S.W. 2nd Street, between S.W. 11th
Avenue and S.W. Ith Avenue for the Delray Beach Neighborhood Resource Center.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 32-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT TO COMMUNITY FACILITIES (CF)
DISTRICT; SAID LAND BEING TWO PARCELS
LOCATED APPROXIMATELY 57 FEET NORTH OF
SW 2ND STREET AND EXTENDING BETWEEN SW
11TH AVENUE AND SW 12TH AVENUE, 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 EFFECTIVE DATE.
(The official copy of Ordinance No. 32-06 is on file in the City Clerk's
office. )
Brian Shutt, Assistant 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 of the City of Delray Beach, Florida.
Chevelle D. Nubin, 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 Department project file #2006-269 into the record.
Paul Dorling, Director of Planning and Zoning stated this was a rezoning
of two (2) lots, Lots 11 and 23, Block 6, Atlantic Gardens approximately 0.314 acres,
currently owned by the City of Delray Beach. The western lot (Lot 11) was formerly the
Police Sub-Station and now there is a request to convert this into a community center to
act as the Delray Beach Neighborhood Resource Center. It includes the construction of
an offsite parking lot on the east parcel. The property is currently zoned RM (Medium
Density Residential) which does not allow community centers as either a principal or
conditional use. It is requested the zoning be changed to CF (Community Facilities)
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06/20/06
which would allow the proposed resource center. On May 15, 2006, the Planning and
Zoning Board held a public hearing in conjunction with the request. There was no public
testimony. After reviewing the staff report and discussing the proposal, the Board voted
4-0 to recommend to the City Commission that the rezoning request be approved.
Mrs. Montague moved to adopt Ordinance No. 32-06 on Second and
FINAL reading, seconded by Mrs. Ellis. 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.
10.E. ORDINANCE NO. 31-06: An ordinance amending Chapter 32,
"Departments, Boards, and Commissions", of the Code of Ordinances, by amending
Section 32.06, "Composition of Boards and Committees; Generally", Section 32.07,
"Membership Qualifications/Requirements"; and Section 32.08, "Length of Terms;
Restrictions", to provide that membership of a board may be established by resolution
and to permit other City Board members to sit on the Unity Collaborative. 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. 31-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", BY AMENDING
SECTION 32.06, "COMPOSITION OF BOARDS AND
COMMITTEES; GENERALLY; SECTION 32.07,
"MEMBERSHIP QUALIFICA TIONS/REQUIREMENTS;
AND SECTION 32.08, "LENGTH OF TERMS;
RESTRICTIONS", TO PROVIDE THAT MEMBERSHIP
OF A BOARD MAY BE ESTABLISHED BY
RESOLUTION AND TO PERMIT OTHER CITY
BOARD MEMBERS TO SIT ON THE UNITY
COLLABORATIVE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-06 is on file in the City Clerk's
office. )
Brian Shutt, Assistant 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 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. 31-06,
the public hearing was closed.
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06/20/06
Mrs. Ellis moved to adopt Ordinance No. 31-06 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 33-06 (SECOND READING/SECOND
PUBLIC HEARING): City initiated amendments to the Land Development Regulations
(LDR) creating a new zoning district, Section 4.4.29, "MROC (Mixed Residential,
Office, and Commercial) District", amending Section 4.3.4(K), "Development Standard
Matrix" and Section 4.6.9(C)(8)(a), "Shared Parking" to add MROC as a zoning district
which can utilize shared parking. (THIS ORDINANCE IS ON THE AGENDA DUE
TO ADVERTISING; AT FIRST READING IT WAS CONTINUED TO A DATE
NON-CERTAIN. ORDINANCE WILL COME BACK AT A LATER DATE AS A
FIRST READING/FIRST PUBLIC HEARING)
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
B.A. Citv Mana2er's reSDonse to Drior Dublic comments and inquiries.
At the last meeting there was concern expressed about the removal of
recycling containers that used to be on the beach, the City Manager stated the containers
were removed because of problems with high contamination of the materials in the
containers. The City is going to try different types of containers (ones that have a
relatively small hole to fit the material going into it) and see if they can avoid the
contamination problem.
Secondly, at the last meeting there was a concern expressed about charges
for the SeniorlW estern Community Center, the City Manager stated none of that has been
decided at this point and there was also a suggestion made that the City should charge
non-residents for the use of the Teen Center. The City Manager stated it has been the
City's policy for many years that we would accept grants from other governments
recognizing that would limit the City's ability to charge a different fee. He stated the
remodeling of the Teen Center was financed through a grant by Palm Beach County and
because the City accepted the grant they cannot charge a different fee for anyone who is a
Palm Beach County resident versus what we charge City residents.
B.B. From the Public.
None.
At this point, the time being 7:32 p.m., the Commission moved to Item
9.E. of the Regular Agenda.
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06/20/06
9.E. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM
BEACH COUNTY: Consider approval of an Interlocal Agreement between the City
and the School Board of Palm Beach County in the amount of $834,750.00 for the
purchase of 7.42 acres and the construction of the Soccer Complex at the old Atlantic
High School site.
Terrill Barton, Assistant City Attorney, stated this is an Interlocal
Agreement between the Palm Beach County School Board and the City of Delray Beach
for the purchase and construction of land (northwest comer) at the old Atlantic High
School site located at 2501 Seacrest Boulevard. Mrs. Barton stated the agreement states
that the City of Delray Beach would allow the Palm Beach County School Board to
utilize the soccer fields for recreational purposes during the school day and use them in
the evening and on weekends. Also, the City of Delray Beach would be allowed to use
the old gym at the old Atlantic High School site for basketball practices and the Palm
Beach County School Board would be allowed to utilize the Temple Sinai fields at the
new Atlantic High School site for practices, etc. Mrs. Barton stated attached to this
agreement is a Contract for Sale and Purchase of Land which would allow the City of
Delray Beach to purchase approximately 7.42 acres on the site to construct three soccer
fields (this will be before the Commission on July 11, 2006). She stated the School
Board is trying to expedite this to get it before their Board at their July 19th meeting and
they have to write the report this week.
Mayor Perlman commended Mrs. Barton for a job well done and stated he
has been assured that this will be on Palm Beach County School Board Agenda for July
19,2006.
Mrs. Montague moved to approve the Interlocal Agreement between the
City of Delray Beach and the Palm Beach County School Board for the purchase and the
construction of the soccer complex, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
9.F. GUARANTEED MAXIMUM PRICE (GMP)/OLD SCHOOL
SQUARE (OSS) PARKING GARAGE/CATALFUMO CONSTRUCTION AND
DEVELOPMENT. INC.: Consider approval of the Guaranteed Maximum Price (GMP)
in the amount of $15,708,412.64 for the construction of the Old School Square (OSS)
Parking Garage Project as submitted by Catalfumo Construction and Development, Inc.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square).
Richard Hasko, Director of Environmental Services, stated he was before
the Commission to present the Guaranteed Maximum Price (GMP) for the Old School
Square (OSS) Parking Garage Project. Present to answer questions were Ed Meinzinger
from Catalfumo Construction Ltd., Ian Nessler and Bruno Phillips from Pierce Goodwin
Alexander & Linville (PGAL) Architects, Inc. Referencing Tab number three (3), Mr.
Hasko noted this was the construction time schedule for the garage. According to the
current schedule, completion of the garage is estimated at mid to late summer of 2007.
Tab number four (4) is the cost summary for the entire project with a total of
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06/20/06
$15,708,412.64; this is for the garage as it is planned with 510-520 spaces, 16,800 square
feet of retail, restroom facility to service the park, and the police substation. Tab number
five (5), second page, contains items which could affect the cost and its reduction. Mr.
Hasko discussed restructuring and phasing issues.
Discussion between the Commission and staff followed concerning
feasibility of alternative construction issues.
Mrs. Montague moved to approve the Guaranteed Maximum Price (GMP)
in the estimated amount of$15,708,412.64 for the construction of the Old School Square
(OSS) Parking Garage Project, 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.
9.G. APPOINTMENT OF OUTSIDE COUNSEL/PALERMO V. CITY OF
DELRAY BEACH: Consider the appointment of Leonard Carson, Esq. and Lucy
Turner, Esq. of Carson & Adkins, P.A. to act as outside counsel for the City in the case of
Palermo v. City of Delray Beach.
Brian Shutt, Assistant City Attorney, stated the City Attorney's office is
requesting the appointment of Leonard Carson, Esq. and Lucy Turner, Esq. of Carson &
Adkins, P.A. to act as outside counsel for the City ofDelray Beach in the case of Palermo
v. City of Delray Beach.
Mrs. Ellis moved to approve the appointment of Leonard Carson, Esq. and
Lucy Turner, Esq. of Carson & Adkins, P.A. to act as outside counsel for the City of
Delray Beach in the case of Palermo v. City of Delray Beach and the Delray Beach
Police Department, seconded by Mrs. Montague. 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.
9.H. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two
(2) regular members to the Civil Service Board for two (2) year terms ending July 1,
2008. Based upon the rotation system, the appointments will be made by Commissioner
Ellis (Seat #1) and Commissioner Fetzer (Seat #2).
Mrs. Ellis moved to reappoint Emily Dobard as a regular member to the
Civil Service Board for a two (2) year term ending July 1, 2008, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to reappoint Kristin Christensen as a regular member to
the Civil Service Board for a two (2) year term ending July 1, 2008, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
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06/20/06
9.1. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for a four (4) year term ending July 1, 2010. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mr. Fetzer moved to reappoint Howard Lewis as a regular member to the
Community Redevelopment Agency (CRA) for a four (4) year term ending July 1,2010,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.J. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint two (2) regular members to the Downtown Development
Authority (DDA) for three (3) year terms ending July 1, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Ellis (Seat # 1) and
Commissioner Fetzer (Seat #2).
Mrs. Ellis moved to reappoint Janet Onnen as a regular member to the
Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2009,
seconded by Mrs. Montague. 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.
Mr. Fetzer moved to appoint Francis Marincola as a regular member to the
Downtown Development Authority (DDA) for a three year term ending July 1, 2009,
seconded by Mrs. Montague. 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.
9.1{. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board for an unexpired term ending
December 13, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4).
Mrs. Montague moved to appoint Jose Herrera as a regular member to the
Police Advisory Board for an unexpired term ending December 13, 2008, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
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06/20/06
9.L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for a two (2) year
term ending June 30, 2008. Based upon the rotation system, the appointment will be
made by Commissioner Ellis (Seat #1).
Mrs. Ellis moved to reappoint Alexander Simon as a regular member to
the Police and Firefighters Retirement System Board of Trustees for a two (2) year term
ending June 30, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
9.M. APPOINTMENTS TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) and one (1) alternate member for four (4) year terms ending June
30, 2010. Based upon the rotation system, the appointments will be made by
Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5).
Mrs. Montague moved to reappoint Dinah Stephenson as a regular
member to the Public Employee Relations Commission (PERC) for a four (4) year term
ending June 30, 2010, 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.
Mayor Perlman stated he wished to reappoint Edward Desmond as an
alternate member for a four (4) year term ending June 30, 2010. Mrs. Ellis so moved,
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, the time being 7:58 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 36-06: An ordinance amending Chapter 136,
"Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02,
'Sexual Offenders and Predator Residence Prohibition", to provide for an additional
exception to the residence prohibition to exclude persons who were convicted of the
enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes. If
passed, a public hearing will be scheduled for July 11, 2006.
- 21 -
06/20/06
The caption of Ordinance No. 36-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 136, "SEXUAL
OFFENDERS AND SEXUAL PREDATORS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION
136.02, "SEXUAL OFFENDERS AND SEXUAL
PREDATOR RESIDENCE PROHffiITION", TO
PROVIDE FOR AN ADDITIONAL EXCEPTION TO
THE RESIDENCE PROHffiITION TO EXCLUDE
PERSONS WHO WERE CONVICTED OF THE
ENUMERATED OFFENSES PRIOR TO OCTOBER
1,2004; PROVIDING FOR A SAVINGS CLAUSE,
GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 36-06 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Mrs. Ellis moved to approve Ordinance No. 36-06 on FIRST 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. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the Commission.
13. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS.
13.A. City Manae:er
The City Manager stated there was an approval of a payment to Ron Bell
Roofing on the additional woodwork on the depot. He stated the City negotiated a
reduction in the payment and it was discounted $6,307.00 in view of the large amount of
wood that had to be used.
Secondly, the City Manager stated on Friday he will be going to Orlando
for the Florida League of Cities Legislative Committee Meeting for the post session
wrap-up.
- 22-
06/20/06
B.B. Citv Attornev
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
Mayor Perlman commended Mr. Shutt for a job well done.
13.C.
13.C.t.
Citv Commission
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis commended Lula Butler, Director of Community Improvement,
for the Clean City Program and stated this is one of the best programs to come through
this City in a long time. Mrs. Ellis stated she is thrilled with this program and will do
everything she can to help support it.
13.C.3.
Mrs. Montae:ue
Mrs. Montague stated she and Commissioner Ellis celebrated with Pastor
Thomas at the Palm Beach County Convention Center on Saturday and noted it was a
wonderful event.
Secondly, Mrs. Montague stated the Neighborhood Advisory Council
(NAC) is trying to create opportunities to have residents come to them for suggestions to
point out some of the areas throughout the City that need to be cleaned up. She stated the
City needs the help of its residents to keep this City as clean as it can be.
13.C.4.
Mavor Perlman
Mayor Perlman stated Martin County has five (5) Community
Redevelopment Agencies and they were here last week to tour our City and talk to the
CRA staff. He stated Oak Park, Illinois is keeping a close watch on our historic design
guideline process. Mayor Perlman stated there is some development pressures in Oak
Park because they have a desire to keep the historic Frank Lloyd Wright designs.
Secondly, he congratulated William McCollom (Police Major for the City
of Delray Beach) for being selected as the new Chief of Police for the City of Tequesta.
Mayor Perlman stated Mr. McCollom will be greatly missed and noted that he had a great
impact on technology and received national recognition. In addition, he was a very
positive force in creating the Delray Beach Youth Enrichment Charter School with
Johnny Pun and Fred Glass. Mayor Perlman stated Mr. McCollom also did some
command work in the southwest and northwest section and is very well liked by many
- 23-
06/20/06
people. Mayor Perlman stated he first met Mr. McCollom when he was a training officer
and later he became a canine handler and won national awards. Mayor Perlman stated
Mr. McCollom will begin July 10th and stated this is the tenth chief produced by the
Delray Beach Police Department.
Mayor Perlman suggested that the City of Delray Beach recognize Richard
(Dick) Sheremeta who retired from Heller-Weaver & Sheremeta, Inc. on Friday. Mayor
Perlman stated Mr. Sheremeta was past Chairman of the Chamber of Commerce, a
member of the Downtown Development Authority (DDA) among other advisory boards
and did some professional work for the City of Delray Beach as well. He is also well
known for his wood working and his photography (which is on the City's website)
especially his 4th of July and Delray Affair photography.
He announced that Mrs. Wesley had surgery yesterday at Orlando
Regional and asked that everyone keep her in their prayers.
Mayor Perlman stated the Florida League of Cities has the awards
program that is coming up and feels the City of Delray Beach should enter several
categories this year. He suggested that Susan Ruby be nominated as City Attorney of the
Year because the City Attorney's office has had a very busy year and have made policies
(i.e. workforce housing) that are being looked at by people from all over. Mayor Perlman
stated the City Attorney has also done things above and beyond the call of duty
particularly in the area of R.A.C.E. Relations where she was a regular attendee at the
meetings and is now spearheading some of the study circles. He feels this is a great
example to set as a City Attorney and thus the reason she should be nominated.
Mr. Fetzer suggested that Commissioner Levinson and Mayor Perlman
also be nominated.
The City Manager suggested that Joseph Safford be nominated for Finance
Director of the Year.
Lastly, Mayor Perlman stated he is a history buff and before the City
Commission meetings he has ritual where he selects a previous year and reviews the City
Commission minutes. He stated he went back in Delray's history (50 years ago) to the
City Commission meeting of June 25, 1956. He encouraged everyone to review these
minutes because it was a meeting in which it starts off with Catherine Strong who was
then a City Councilperson who was disputing a report in Jet Magazine on the City's
R.A.C.E. Relations and then it went into a vote which Mrs. Strong lost (3-1). There were
appropriated monies for a pool in the northwest section and then it was decided they were
not going to build a pool. Mayor Perlman stated Mr. Pompey was very prominent in the
debate and stated some of the language and rationale that was used 50 years ago was very
interesting.
- 24-
06/20/06
There being no further business, Mayor Perlman declared the meeting adjourned at 8:13
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 ofthe Regular City Commission Meeting held
on June 20, 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.
- 25-
06/20/06
,
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTED BY SEAGATE RESIDENCES
1. These waiver requests came before the City Commission on June 20,
2006.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Seagate Residences. All of the evidence is part of the record in this case.
3. a. Recreation Waiver: Per LOR Section 4.4.6(H)(3), 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.
b. Stackina Distance: Per LOR Section 4.6.9(D)(3)(c)(1), a 50'
stacking distance is required between Gleason Street and the cross drive aisle, but a
distance of only 27' is provided.
Waivers: Pursuant to LOR Section 2.4.7(B)(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;
(c) shall not create an unsafe situation; and
(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.
Should the recreation waiver be granted?
Yes 4 No 0
Should the waiver be granted for the stacking distance?
Yes 4 No 0
j3Q ("Y) C1. p,.
,
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the waiver request was submitted and finds that
the
determinations
made
herein
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
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
6. Based on the entire record before it, the City Commission approves
X denies _ the waiver requests and hereby adopts this Order this 20 day
of June, 2006, by a vote of 4 in favor and 0
opposed.
ATTEST:
~"\).~~~
Chevelle D. Nubin, CMC
City Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME---FIRST NAME~IDDlE NAME
Perlman, Jeffre L.
MAILING ADDRESS
Lakes Drive
COUNTY
Palm Beach
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Delray Beach City Commission
THE BOARD, COUNCIL. COMMISSION. AUTHORIlY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~CITY a COUNTY a OTHER LOCAL AGENCY
NAME OF POlmCAL SU8OtVlSION:
Cit of Delra Beach
CITY
DATE ON WHICH VOTE OCCURRED
MY POSmON IS:
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 fonn 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 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 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:
In 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, you
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 VOTEWILL 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 8B - EFF. 1/2000
ITEM 9.1
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided immediately to the other members of the agency.
. The fonn must be read publicly at the next meeting after the fonn 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 person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I. Jeffrev L. Perlman
, hereby disclose that on
June 20
, 20 ..QL:
(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,
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.
Diane Colonna
,by
,which
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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.
6/20/06
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED 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 PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
[ITY DF OElRRY BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 561/243-7000
DElRAY BEACH
~~A~~
AII.AmerlcaCIIy
'11lE
PROCLAMATION
1993
2001
WHEREAS, Melissa Capone was born in West Boca on September
24, 1994, to John and Susan Capone. Melissa is 11 ~ years old and is a
student at Unity School and has a brother, Michael who is 14 years old and
attends Unity School as well.
WHEREAS, Melissa attends church with her family at St. Vincent
Ferrer, participates in Girl Scouts, loves to go camping and has played
soccer with Delray Soccer for the last six years; and
WHEREAS, Melissa is a straight "A" student, loves to read fiction and
write short stories. She participated in three school sports (volleyball,
soccer and basketball) this year; and
WHEREAS, Melissa is an outgoing person with a quick smile and
hopes to become a lawyer one day. She is currently working on her
community service hours for school. She has helped with Cub Scout camp
at Morikami Park; and
WHEREAS, Melissa and her parents participated in the Unity School
auction and Melissa won the opportunity to be Mayor for the day.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby recognize and
commend
MELISSA CAPONE
for her accomplishments and eagerness to serve her community through
active participation.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 11th
day of July, 2006.
@ Printed on Recycied Pspsr
THE EFFORT ALWAYS MATTERS ~ ~
01<
~
RESOLUTION NO. 43-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND
COMMENDING PATRICIA P. TAYLOR FOR THIRTY YEARS
OF DEDICATED SERVICE TO THE CITY OF DELRA Y
BEACH.
WHEREAS, Patricia P. Taylor was hired by the City of Delray Beach as Deputy Court Clerk
on June 14, 1976; and
WHEREAS, Patricia P. Taylor has progressed to her present position of Executive Assistant
with the Delray Beach Police Department; and
WHEREAS, on June 14,2006, Patricia P. Taylor reached a milestone in her career, having
effectively achieved thirty (30) years of continuous, full-time service with the City of Delray Beach;
and
WHEREAS, Patricia P. Taylor's professionalism, warmth, kindness, and compassion are well
known and recognized throughout the City of Delray Beach; and these attributes serve as a reminder
to us all to seek opportunities for service to our fellow man; and
WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored
to have Patricia P. Taylor as a valued member of the municipal team over the past 30 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes
and commends Patricia P. Taylor for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere
thanks and appreciation to Patricia P. Taylor for her many years of service.
PASSED AND ADOPTED in regular session on this the 11th day of July 2006.
MAYOR
A lTEST:
CITY CLERK
1-/\
Message
Page 1 of 1
Kucmerowski, Carolanne
From: Nubin, Chevelle
Sent: Tuesday, June 13, 2006 12:36 PM
To: Kucmerowski, Carolanne
Subject: FW: Patricia Taylor Resolution
FYI.
Cfieve{(e (j). :Nu6in, CWC
City C{erFt
100:NUl. lst}lvenue
{])e{ray illeacfi, P{orida 33444
(561) 243-7051
-----Original Message-----
From: King, Nancy
Sent: Tuesday, June 13, 2006 9:55 AM
To: Nubin, Chevelle
Subject: Patricia Taylor Resolution
Chevelle,
Attached is a draft Resolution recognizing Patty Taylor for her 30 years of service. Please put it on the July 11th
agenda.
Nancy
6/13/2006
RESOLUTION NO. "\'2>-0\0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING
PATRICIA P. TAYLOR FOR THIRTY YEARS OF DEDICATED SERVICE
TO THE CITY OF DELRA Y BEACH.
WHEREAS, Patricia P. Taylor was hired by the City of Delray Beach as Deputy Court Clerk on June 14,
1976 and
WHEREAS, Patricia P. Taylor has progressed to her present position of Executive Assistant with the Delray
Beach Police Department since that time and
WHEREAS, on June 14, 2006, Patricia P. Taylor reached a milestone in her career, having effectively
achieved thirty (30) years of continuous, full-time service with the City of Delray Beach and
WHEREAS, Patricia P. Taylor's professionalism, warmth, kindness and compassion are well known and
recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek
opportunities for service to our fellow man; and
WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have Patricia
P. Taylor as a valued member ofthe municipal team over the past 30 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes and
commends Patricia P. Taylor for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Patricia P. Taylor for her many years of service.
PASSED AND ADOPTED in regular session on this the 11th day of July 2006.
MAYOR
A1TEST:
CITY CLERK
.~
-1
tp
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THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE
PAUL DORLlNG, AICP, DIRECTOR
MARK MCDONNELL, AICP, ASSISTA
MEETING OF JULY 11, 2006 ** CONSENT AGENDA **
COMBINED PRELIMINARY/FINAL PLAT APPROVAL FOR A 0.672 ACRES SITE TO
BE PLATTED AS DHBH #1 PLAT.
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The property consists of portions of Lots 6, 12, 13, 14, 15, 16 and the southern 26' of a 16' wide north-
south alleyway within Block 76 of the Plat of the Town of Linton (Plat Book 1, Page 3). Lots 6 and 12
currently contain a portion of Block 76 parking lot, while two restaurants and a fitness gym exist on lots
13,14, 15 and 16.
The proposed plat consists of the re-subdivision of land containing existing buildings, parking areas and
a portion of an improved alley right-of-way. Lots 13-16, Block 76 will be replatted as Parcel "A", Parcel
"B" and Parcel "C". Parcel "A" contains an existing restaurant on the first floor, Cabana Del Ray, and
second floor office space for the Old School Square Bread Company. Parcel "B" contains another
existing restaurant on the first floor, Tramonti, and a fitness gym on the second floor. Parcel C"
contains an existing parking lot and dumpster located behind Cabana Del Ray. Portions of Lots 6 and
12, Block 76, will be replatted as Parcel "0", which contains a portion of Block 76 parking lot and the
south 26' of the 16' wide north-south alleyway to be abandoned. A parking tier exists on Parcel "0"
which will be utilized as additional parking area for the existing buildings and future improvements to be
located on Parcels "A" and "B".
Vehicular access to the site will remain unchanged and will continue to be taken from NE 1st Avenue
and the dedicated 16' wide east-west alley right-of-way. The south 4' of Parcel "0" is to be noted as a
dedicated tract for additional right-of-way for the east-west alley giving this alleyway an ultimate width of
20'.
The Planning and Zoning Board considered the proposed plat at their meeting of June 19, 2006. After
reviewing the staff report, the Board voted unanimously 6 to 0 (Chuck Halberg absent) to recommend
to the City Commission approval of the combined preliminary/final plat of DHBH Plat #1 based upon
positive findings, 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,
By motion, approve the preliminary plat of DHBH Plat #1 and certify the final plat based upon positive
findings 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.
Attachments:
· Planning & Zoning Staff Report of June 19, 2006
. Reduced Survey
. Appendix "A"
. Appendix "8"
. Location Map
. Reduced Plat
'bA
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 19, 2006
V.A.
Combined Preliminary/Final Plat for a 0.672 acre site to be platted as DHBH
#1 Plat, located at the northeast corner of East Atlantic Avenue and NE 1st
Avenue.
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G~ENERAL DATA:
Owners...................... Community Redevelopment Agency, DHBH Atlantic LLC and
60 ~ LLC
Applicant.................... DHBH Atlantic, LLC
Agent.............. .......... Caulfield & Wheeler, Mike Covelli
Location........................ Northeast corner of East Atlantic Avenue and NE 1st Avenue
Property Size................ 0.672 Acre
Future Land Use Map... Commercial Core
Current Zoning.............. CBD (Central Business District)
Adjacent Zoning..North: CBD
East: CBD
South: CBD
West: OSSHAD (Old School Square Historic Arts District)
Existing Land Use......... 2 Restaurants, a fitness gym, offices and parking lot.
Proposed Land Use...... Reconfiguring 6 platted lots into 4 replatted parcels.
Water Service............... Existing on site.
Sewer Service............... Existing on site.
The item before the Board is that of approval of a preliminary plat and certification of a final plat
for a 0.672 acre, site to be platted as DHBH #1 Plat. The subject property is located at the
northeast corner of East Atlantic Avenue and NE 1st Avenue.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The property consists of portions of Lots 6, 12, 13, 14, 15, 16 and the southern 26' of a 16' wide
north-south alleyway within Block 76 of the Plat of the Town of Linton (Plat Book 1, Page 3).
Lots 6 and 12 currently contain a portion of Block 76 parking lot, while two restaurants and a
fitness gym exist on lots 13, 14, 15 and 16.
At its meeting of December 21, 2005, the Historic Preservation Board approved a Class V site
plaR fQrOlc:.l--SGooQISquare PaFkingGarageen the northern portion of this block. ASettlement
Stipulation Agreement between the Delray Beach Community Redevelopment Agency (CRA),
DHBH Atlantic, LLC and 60 ~, LLC was executed to accommodate a future park site associated
with the Old School Square Parking Garage development. Through this Settlement Stipulation
Agreement, land was exchanged between the three parties and was conditioned upon the land
being replatted and the portion of alley right-of-way abandoned by the City. An abandonment
application is currently being processed in conjunction with this plat. A site plan has not been
submitted at the time this report was written.and is expected soon.
The plat currently before the Board is required for the subdivision of any lot, tract or parcel of
land where new lots are being created.
The proposed plat consists of the re-subdivision of land containing existing buildings, parking
areas and a portion of an improved alley right-of-way. Lots 13-16, Block 76 will be replatted as
Parcel "A", Parcel "B" and Parcel "C". Parcel "A" contains an existing restaurant on the first
floor, Cabana Del Ray, and second floor office space for the Old School Square Bread
Company. Parcel "B" contains another existing restaurant on the first floor, Tramonti, and a
fitness gym on the second floor. Parcel C" contains an existing parking lot and dumpster
located behind Cabana Del Ray. Portions of Lots 6 and 12, Block 76, will be replatted as Parcel
"0", which contains a portion of Block 76 parking lot and the south 26' of the 16' wide north-
south alleyway to be abandoned. A parking tier exists on Parcel "0" which will be utilized as
additional parking area for the existing buildings and future improvements to be located on
Parcels "A" and "8".
Vehicular access to the site will remain unchanged and will continue to be taken from NE 1 sl
Avenue and the dedicated 16' wide east-west alley right-ot-way. The south 4' of Parcel "0" is to
be noted as a dedicated tract for additional right-of-way tor the east-west alley giving this
alleyway an ultimate width of 20'.
P&Z Board Staff Report, Meeting of June 19,2006
DHBH #1 Plat
Page 2
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,
Concurrency and Consistency with the Comprehensive Plan, and Compliance with the
land Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures must be
allowed in th~ zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown em the Future Land Use
Map.
The F'LUM (Future Land Use Map) designation for the property is CC (Commercial Core) and is
zoned CBD (Central Business District). The CBD zoning district is consistent with the
Commercial Core FLUM designation. Pursuant to LDR Section 4.4.13, restaurants, offices,
accessory parking lots and exercise facilities (e.g. gym, clubs) are allowed uses within the CBD
zoning district. Based upon the above, positive findings can be made 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:
As previously mentioned, this plat is a reconfiguration of land containing existing buildings with
existing approved uses. Positive findings of concurrency were made as it relates to water,
sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste with
previous Site Plans.
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 5.3.1(A) (Plat Required):
A plat is required for the subdivision of any lot, tract or parcel of land; and for the dedication,
layout, opening or construction of any street, storm sewer, sanitary sewer, water main, or
other facility for public use or for the common use of building occupants. The provisions of
this section shall apply to all lands within the incorporated area of the City except as
specifically exempted. The submitted plat meets all requirements.
P&Z Board Staff Report, Meeting of June 19,2006
DHBH #1 Plat
Page 3
. LOR Section 5.3.1 (O)(3)(Additional Riaht-of-Way Width):
Additional right-of-way width may be required to promote public safety and welfare; to
provide for stormwater management; to provide adequate area for street trees; and to
assure adequate access, circulation, and parking in high intensity use areas. Such a
determination shall be advanced by a recommendation from the City Engineer and may be
based upon the results of a traffic study or general knowledge of the City. The authority for
requiring such additional right-of-way shall rest with the body having the approval authority
of the associated development application.
The ultimate right-of-way width of alleys according to the Right-of-Way Dimensions table
listed under LOR Section 5.3.1 (D)(2), is 20', or existing dominant width. The dedicated
east-west alleyway currently measures 16' wide. To assure adequate access, circulation
and parking in this high intensity use area, the City Engineer and the Development Services
ManagerTIentGroup (pSMGtre~oITImended tl1e_de5JigitiQn of an agditional4'. The southern
4' of Parcel "D" has been dedicated on the plat for additional right-of-way.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan. were conducted with the
previously approved Site Plans. Since this plat is a reconfiguration of lots with existing uses,
a discussion of Comprehensive Plan Policies is not required. However, as with the original
findings on the approved site plans the proposal is consistent with the Comprehensive Plan.
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. The comments are minor in nature and will not impact the general
plat diagram.
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB). The project proposal is within the geographical area which normally
requires development review by the Community Redevelopment Agency (CRA) and the
Downtown Development Authority (DDA); However, a review from the DDA is not required for
Subdivision Plats.
Community Redevelopment Aaency
The CRA reviewed this abandonment request at its meeting of June 8, 2006 and recommended
approval.
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
President's Council
P&Z Board Staff Report, Meeting of June 19,2006
DHBH #1 Plat
Page 4
Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
The proposal is to replat 6 existing lots into 4 reconfigured parcels. The site contains existing
uses that are consistent with the Zoning and Future Land Use Map designations for the subject
property. Positive findings were made with respect to LOR Section 3.1.1 (Required Findings for
Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or
Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan as with previously
approved site plans. The plat will require minor 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. Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for DHBH #1 Plat, 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 conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
Deny the preliminary plat and final plat with basis stated.
Move a recommendation of approval to the City Commission of the request for a Final Plat
approval for DHBH #1 Plat, 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
condition:
1. That all comments under the "Technical Items" section (Appendix "B") of the
report be addressed prior to scheduling the plat for City Commission action.
Attachments:
. Reduced Survey
. Attachments: Appendix "A"
. Appendix "B"
· Location Map
. Reduced Plat
P&Z Board Staff Report, Meeting of June 19, 2006
DHBH #1 Plat
Page 5
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 X
Meets intent of standard
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
~-p-eaestiians, -BfcycliSls,ancrvehiclesin ~.- manner-(:onsls-teiil wilhpoficie-!ffound unCler
Objectives D-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Op-en space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
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
Meets intent of standard X
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 X
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed 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.
P&Z Board Staff Report, Meeting of June 19, 2006
DHBH #1 Plat
Page 6
Not applicable X
Meets intent of standard
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 X
Meets intent of standard
Does not meet intent
-H;-TheCitysf'ianCOhsidet-ffleeffecf-mattne I)roposarWillhave on tile sfaoifityof 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
Meets intent of standard
Does not meet intent
P&Z Board Staff Report, Meeting of June 19, 2006
DHBH #1 Plat
Page 7
The following comments must be addressed prior to scheduling the plat for City Commission:
PlaniJina & Zonina DelJarlment Comments:
Plat Comments:
1. Due to the numerous utilities located within the abandonment area (8" sewer main, 4"
water main, FP&L facilities, BellSouth Facilities and a 2" gas main), a general utility
easement will be retained through the abandonment process. Please show the area
proposed for abandonment (less the south 4') as a general utility easement retained with
-ahandonmentResolLition _-:":-U6-{ResOllJfion nifmoerto De defermrried).
2. Denote the 4' alley dedication as a RIW tract to be dedicated to the City.
Environmental Services DelJarlment's Comments:
Plat Comments:
1. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
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TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER.{) ~ ~
PAUL DORLlNG, AICP, DIRECTOR OF PLANNING ZONING
MEETING OF JULY 11, 2006 ** CON NT AGENDA **
OFF SITE PARKING AGREEMENT IN ASSOCIATION WITH PRELIMINARY/FINAL
PLAT FOR A 0.672 ACRES SITE KNOWN AS THE DHBH #1 PLAT
BACKGROUND
The off site parking agreement and platting are conditions of a settlement agreement between the
CRA and DHBH and 601'2 properties involving acquisition of an existing office building and related
parking on Lots 11 and 12 of Block 76 of the Plat of the Town of Linton (Plat Book 1, Page 3).
The plat includes the conveyance of a portion of Lots 6 and 12, and an existing north south alley from
the CRA and City to DHBH properties. These properties currently contain parking spaces within the
CRA parking lot. After conveyance these spaces will be utilized to accommodate additional
development and relocation of existing parking spaces on property owned by DHBH immediately to
the south. As this parking will be offsite, separated by an alley, an Off Site Parking agreement is
required by LOR Section 4.6.9(E)(5). In addition, the agreement references and acknowledges a
vested interest of 11 spaces as allowed by LOR Section 4.6.9(B)(4) associated with the existing office
building being conveyed from DHBH to the CRA. The Agreement further allows the public to continue
to utilize the conveyed parking spaces until such time as a building permit is issued for private
development of DHBH properties or 180 days after either DHBH or 601'2 provides the CRA written
notice of termination.
RECOMMENDED ACTION
By motion, approve the Off Site Parking Agreement associated with the plat of DHBH Plat #1 based
on a finding that the request and approval thereof, is consistent with the Comprehensive Plan and
Section 3.1.1 (D) (Compliance with the Land Development Regulations).
Attachment:
· Off Site Parking Agreement
'6.A.~
PREPARED BY: RETURN TO:
Mark S. Ulmer, Esq.
9165 Park Drive
Miami Shores, FL 33138
OFF SITE PARKING AGREEMENT
THIS AGREEMENT made this _ day of
, 2006, by and
between 60 Y2 LLC ("60 W'), whose address is 45 N. Congress Ave., Delray Beach, Florida
33445, and DHBH ATLANTIC LLC ("DHBH"), whose address is 45 N. Congress Ave.,
Delray Beach, Florida 33445, and the CITY OF DELRA Y BEACH, FLORIDA (the "CITY").
WIT N E SSE T H:
WHEREAS, the Delray Beach Community Redevelopment Agency (the "CRA") has
filed an eminent domain lawsuit styled Delray Beach Community Redevelopment Agency v.
D.H.B.H. Atlantic, LLC, 15th Circuit Case no. 50 2004 CA008668XXXXMB, against 60 Y2 and
DHBH to condemn Parcell (as described therein) for park purposes through the sovereign
power of eminent domain delegated to the CRA by the CITY (the "Eminent Domain Lawsuit");
and
WHEREAS, at the time of the filing of the Eminent Domain Lawsuit, Parcel 1 had been
improved with a 7,000 square foot building and 3 on-premise parking spaces; and
WHEREAS, the CRA, 60 Y2 and DHBH have entered into a conditional settlement of the
Eminent Domain Lawsuit by which the CRA is to become the owner of Parcel 1 and 60 Y2 is to
become the owner of certain real property situated in the city, more particularly described as
Parcel D in the DHBH #1 Plat prepared by Caulfield and Wheeler, Inc. (the "Plat"), recorded in
1
Plat Book _, Page _' Public Records of Palm Beach County, Florida, which Plat is
incorporated by this reference; and
WHEREAS, DHBH is the owner of Parcels A, Band C depicted on the Plat; and
WHEREAS, Parcels A, B, C and D are within 300 feet of Parcel I; and
WHEREAS, Parcel C is improved with 14 parking spaces that are currently being used
for the benefit of Parcels A and B; and
WHEREAS, Parcel D will physically accommodate 26 parking spaces as shown on the
Plat; and
WHEREAS, pursuant to Delray Beach Code section 4.6.9(B)(4), DHBH and 60 ~ are
entitled to a credit of 11 parking spaces for future development on Parcels A, Band/or C; and
WHEREAS, pursuant to Delray Beach Code section 4.6.9(B)(3), DHBH and 60 ~ desire
to make provisions for the relocation of the 14 parking spaces currently located on Parcel C to
Parcel D to accommodate the future development of Parcel C; and
WHEREAS, the relocation of 14 parking spaces from Parcel C to Parcel D will leave 12
of the 26 parking spaces that can be accommodated on Parcel D for the future development of
Parcel C; and
WHEREAS, the parties have determined that the II parking space credit to which DHBH
and 60 ~ are entitled by virtue of the condemnation of Parcel 1 should be, and hereby is,
assigned to Parcel C for future development.
NOW, THEREFORE, for good and valuable consideration, the Parties hereby agree as
follows:
2
1. The recitals set forth above are true and correct and herby incorporated as if fully
set forth herein.
2 The Parties hereby agree as follows:
a. Prior to issuance of a certificate of occupancy for future development on
Parcel C, 60 3!z shall construct or cause to be constructed 26 parking spaces on Parcel D as
depicted on the Plat, which spaces shall be maintained in a neat, clean and sanitary
condition, free from all garbage, trash, litter and debris, and 60 3!z shall provide whatever
maintenance is required thereon, including, but not limited to asphalt repair or repaving,
and painting lines thereon to clearly mark the parking spaces.
b. Upon construction of 26 parking spaces on Parcel D as aforesaid, the 14
parking spaces currently located on Parcel C shall be relocated to Parcel D.
c. Parcel C is hereby credited with 23 parking spaces toward its future
development.
d. In the event that Parcel D ever ceases to be used for parking as provided
herein-above, it is agreed that such parking spaces shall be provided elsewhere by 60 3!z in
accordance with the then current regulations pertaining to parking that exist at the time of
cessation of use referred to above, subject to CITY approval. If 60 3!z elects to
participate, and obtain the required approvals, in the CITY'S in-lieu fee program, this
agreement will be deemed null and void.
If 60 Y2 makes the application to participate in the in-lieu fee program within
twelve months of the date of this Agreement, the rates per parking space charged shall be
same rates that exist as of the date of this Agreement. If 60 3!z decides, and obtains the
3
required approvals, to purchase parking spaces through the CITY'S in-lieu program after
twelve months has elapsed from the date of the execution of this Agreement, 60 ~ shall
pay the price per space that is in effect at that time.
3. This Agreement shall not be terminated, altered, limited, changed or modified
unless in writing, signed by all of the parties hereto. This Agreement shall be binding upon, and
run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This
Agreement may be enforced by any ofthe parties hereto, including but not limited to the CITY.
4. This Agreement shall be recorded, the expense of recording to be borne by 60 K
In the event this Agreement is ever revised, 60 ~ shall bear the expense of recording said
reVIsIOn.
5. Each party, except the CITY, shall pay all real property taxes, charges and
assessments levied or imposed on the real property and all other taxes as may be imposed on the
property.
6. For good and valuable consideration, 60 ~ shall, and hereby agrees, to indemnify
and hold the CITY harmless from and against any and all judgments, damages, claims, demands,
losses, liabilities and other costs and expenses, including reasonable attorney's fees incurred in
the defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use and occupancy of the parking spaces,
or by the reason of the act, or failure to act of 60 ~ or its agents, employees or representatives,
and further shall, and hereby agree, to indemnify and hold the CITY harmless form and against
any and all losses, claims demands, costs, and expenses to which the City of Delray Beach may
4
become subject by reason of the failure of 60 % to perform or observe any covenants, terms,
conditions and provisions hereof.
7. The CITY, by entering into this Agreement, has no obligation to provide
maintenance, nor does the CITY accept any liability associated with the use of the parking lots
whatsoever. The CITY'S interest is solely to assure its code of ordinances regarding the number
of required parking spaces is met.
8. On the condition that the CITY and/or the CRA provide and maintain liability
insurance coverage in the amount of $2,000,000 per incident in favor of 60 % and DHBH, than,
and in that event, 60 % and DHBH agree that the CITY and the CRA may use Parcel D for
public parking, including the right of ingress and egress thereto; provided, however, that such use
shall terminate a) at such time as 60 % and/or DHBH receive a building permit for additional
development of Parcel C or b) 180 days after either 60 % or DHBH provide the CITY and the
CRA written notice of termination.
IN WITNESS WHEREOF, the parties hereto have executed these presents and affixed
their sales hereto as of the day and year first above written.
WITNESSES:
60 'li LLC
By:
Print Name:
Print Name:
5
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_ by , who is personally known to me or
who has produced as identification.
Signature of Notary Public
WITNESSES:
DHBH ATLANTIC LLC
By:
Print Name:
Print Name
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_ by , who is personally known to me or who has produced
as identification.
Signature of Notary Public
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
, Mayor
Approved as to Form:
City Attorney
6
#1
TO:
THRU:
fROM:
SUBJECT:
DAVID T. HARDEN, CI~~G
PAUL DORLlNG, AICP, D1~O D ZONING
MARK MCDONNELL, AICP, ASSISTAN RECTOR
MEETING Of JULY 11, 2006 *** CONSENT AGENDA ***
ABANDONMENT Of A 16' X 26' PORTION Of RIGHT-Of-WAY Of AN
IMPROVED NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76 Of THE
PLAT Of THE TOWN Of LINTON, LOCATED NORTH Of EAST ATLANTIC
AVENUE, BETWEEN NE 1ST AVENUE AND NE 2ND AVENUE.
The request involves the proposed abandonment of a portion of an improved north-south alley
right-of-way within Block 76 of the plat of the Town of Linton (Plat Book 1, Page 3). The
abandonment is associated with a proposed plat named DHBH #1 PLAT and is located north of
East Atlantic Avenue, south of NE 1st Street, between NE 1st Avenue and NE 2nd Avenue
(Pineapple Grove Way).
The portion of alleyway proposed for abandonment is a 16' x 26' rectangular shaped right-of-
way containing approximately 416 square feet (0.009 acre). The abandonment area represents
the south 26' of an improved north-south alley right-of-way within Block 76. The abandonment
request was submitted by DHBH Atlantic, LLC, the owners of building formerly known as Craig's
Furniture (aka Old School Square Bread Company site). The alleyway will be incorporated as
Tract "D" on the plat of DHBH #1 Plat to be utilized as additional parking for the existing
buildings to the south as well as future additions to those buildings. Additional background and
a complete analysis of the request are found in the attached Planning and Zoning Board report.
At its meeting of June 19, 2006, the Planning and Zoning Board considered the request at a
public hearing. The Board voted 6-0 (Chuck Halberg absent) to recommend to the City
Commission approval of the abandonment of a 16' X 26' portion of an improved north-south
alleyway lying within Block 76 based upon positive findings with respect to LDR Section
2.4.6(M)(5), subject to conditions. All conditions have been satisfactorily addressed.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 26'
portion of an improved north-south alley right-of-way within block 76 of the plat of the Town of
Linton (PB 1, Pg 3), 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 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land
Development Regulations.
Attachments:
. Planning & Zoning Staff Report of June 19,2006
. Resolution
~A~
RESOLUTION NO. 47-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16' X 26' PORTION OF AN IMPROVED
NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76,
AS MORE P ARTICULARL Y DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN
WHEREAS, an application for abandonment of a 16' x 26' portion of an
improved north-south alleyway lying within Block 76 of the plat of the Town of Linton,
located north of East Atlantic Avenue, between NE 1 st Avenue and NE 2nd Avenue, as
more particularly described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of said right-of-way was processed
pursuant to Section 2.4.6(M), "Abandonment of Rights-of-Way", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on
June 19, 2006 and voted 6 to 0 (Chuck Halberg absent) to recommend approval of the
abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), and
subject to conditions; and
WHEREAS, pursuant to Florida Statutes 163.3 I 74(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
resolution is consistent with the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it
to be in the best interest of the City of Delray Beach to vacate and abandon said
right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but
does not abandon and retains and reserves unto itself a utility easement over the entire
area thereof, as more particularly described herein, for the purpose of emergency access
and constructing and/or maintaining, either over or under, the surface poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various public utilities whether
owned by the City or private corporations.
RESOLUTION NO. 47-06
NOW, THEREFORE, BE IT RESOLVED 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 pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and
abandon all right and interest it holds to the following real property for alleyway
purposes only, but does not abandon and retains and reserves unto itself a utility
easement over the entire area thereof, more particularly described as follows:
Beginning at the southeast comer of said Lot 6, Block 76; thence N 000 00' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a
distance of 16.00 feet to a point of intersection with the west line of said Lot 12,
Block 76; thence S.Ooo 00' 34" W along said west line, a distance of26.00 feet to
the southwest comer of said Lot 12, Block 76; thence N 890 06' 52" W, a distance
of 16.00 feet to the point of beginning.
Section 3. That the Delray Beach City Commission hereby retains and reserves
unto itself a utility easement over the entire abandonment area, for the purpose of
emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various
public utilities whether owned by the City or private corporations, more particularly
described as follows:
Beginning at the southeast comer of said Lot 6, Block 76; thence N 000 00' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a
distance of 16.00 feet to a point of intersection with the west line of said Lot 12,
Block 76; thence S.Ooo 00' 34" W along said west line, a distance of 26.00 feet to
the southwest comer of said Lot 12, Block 76; thence N 890 06' 52" W, a distance
of 16.00 feet to the point of beginning.
PASSED AND ADOPTED in regular session on this the _day of
,20_
MAYOR
ATTEST:
City Clerk
DESCRIPTION:
A PORTION OF lHAT CERTAIN 16 FOOT WIDE ALLEY LYING BETWEEN LOTS 6 AND 12, BLOCK 76,
THE CITY OF DELRAY BEACH, FORMERLY "MAP OF THE TOWN OF LINTON, FLORIDA", AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, PAGE 3, LYING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 76; THENCE N 00' 00' 34" E
ALONG THE EAST LINE THEREOF, A DISTANCE OF 26.00 FEET; THENCE S 89' 06' 52" E, A
DISTANCE OF 16.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID LOT 12,
BLOCK 76; THENCE S 00' 00' 34" W ALONG SAID WEST LINE, A DISTANCE OF 26.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK 76; THENCE N 89' 06' 52" W, A DISTANCE
OF 16.00 FEET TO THE POINT OF BEGINNING.
LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP,
OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF N89'06'52"W ALONG
THE SOUTH LINE OF LOTS 6 AND 12, BLOCK 76 OF SAID "MAP OF THE TOWN OF LINTON,
FLORIDA"
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON MARCH 17, 2006. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6
ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA
STA TUTES 472.027.
CAULFIELD ex WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE IOOA
BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452
SHEET 1 OF 2
DA TE 3 7 06
DRAWN BY JC
DAVID P. LINDLEY F.B./ PG. N A
REGISTERED LAND
SURVEYOR NO. 5005 SCALE AS SHOWN
STA TE OF FLORIDA
L.B. 3591 JOB NO. 4910aban
DHBH 11 PLAT
ALLEY ABANDONMENT
SKETCH OF DESCRIPTION
07/08/2008 10:27 FAX 5812437221
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MAP OF THE TOWN OF
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MAP OF T1-IE TOWN OF' LINTON, FLORIDA .
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SHEET 2 OF 2
DA TE q3j07 06
Q~AWN BY __)_C
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PHONe {~'cl)<S02..:9l)! " F/,X {56D ;::,O.I"',~.2
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DAVID P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
STA TE OF FLORIDA
L.B. 3591
F.B. PG.
N/A
DHBH II PLAT
ALlEY ABANDONMENT
SKETCH OF DESCRIPllON
SCAl.E AS SHOWN
JOB NO. 4~1 OARAN
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 19, 2006
IV.A.
Abandonment of a 16' x 26' Portion of an Improved North-South
Alleyway Lying Within Block 76 of the plat of the Town of Linton,
Located north of East Atlantic Avenue, Between NE 1st Avenue and
NE 2nd Avenue.
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GENERAL DATA:
Owners.......................... Public OWnership
Applicant.......................... DHBH Atlantic, LLC.
Agent.............................. Caulfield & Wheeler,
Mike Covelli
Location............................... North side of East Atlantic Avenue, between NE 1st Avenue &
NE 2nd Avenue
Property Size........................ 0.009 Acre
Existing FLUM Designation.. Commercial Core
Current Zoning..................... CBD (Central Business District)
Adjacent Zonings........North: CBD
East: CBD
South: CBD
West: OSSHAD (Old School Square Historic Arts District)
Existing Land Use................ Improved alley right-of-way
Proposed Land Use............. Aggregation into adjacent lots to be used for additional parking
area.
Water Service...................... n/a with this request.
Sewer Service...................... n/a with this request.
"'l
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a portion of an improved north-south alley right-of-way within Block
76 of the plat of the Town of Linton (Plat Book 1, Page 3). The abandonment is associated with
a proposed plat named DHBH #1 PLAT and is located north of East Atlantic Avenue, south of
NE 151 Street, between NE 151 Avenue and NE 2nd Avenue (Pineapple Grove Way).
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
The entire 16' wide north-south alleyway of Block 76 was dedicated with the recordation of the
plat of the Town of Linton in 1896. The Town of Linton Plat is now known as the Town of
Delray and was recorded in Plat Book 1, Page 3 of the public records of Palm Beach County,
Florida.
Block 76 currently contains a surface parking lot constructed by the Community Redevelopment
Agency, restaurants, a fitness gym, and a retail store fronting on East Atlantic Avenue.
Adjacent and east of the north-south alleyway facing NE 2nd Avenue contains a small office
building utilized as an architect's office. Structures located on the north end of the block (Loves
Drugs, Costin's FloWers and the old Goodwill building) were recently demolished to
accommodate the Old SChool Square Parking Garage, a proposed 523 space, five level, mixed
use parking garage.
At its meeting of December 21,.2005, the Historic Preservation Board approved a Class V site
plan for Old School Square Parking Garage on a portion of this block. The proposed
abandonment and replat of this property, and adjacent parcels to the south were conditions
stated within the Settlement Stipulation agreement. This agreement between the Delray Beach
Community Redevelopment Agency (CRA), DHBH Atlantic, LLC and 60 Y:z, LLC involving a land
swap as part of theacquisition of the Craig's furniture building to accommodate a future urban
park.
,
The portion of alleyway proposed for abandonment is a 16' x 26' rectangular shaped right-of-
way containing approximately 416 square feet (0.009 acre). The abandonment area represents
the south 26' of an improved north-south alley right-of-way within Block 76.
The abandonment request was submitted by DHBH Atlantic, LLC, the owners of building
formerly known as Craig's Furniture (aka Old School Square Bread Company site). The
alleyway will be incorporated as Tract "D" on the plat of DHBH #1 Plat to be utilized as
additional parking for the existing buildings to the south as well as future additions to those
,buildings.
"W
Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the
adjacent property to the same degree in which it was originally obtained, i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel; property dedicated through
subdivision shall be divided at the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report, June 19, 2006
Abandonment-DHBH
As previously mentioned, the alleyway was dedicated entirely within Block 76. By abandoning
this area, the alleyway will be divided at the center line and the property will be returned equally
to all abutting lots. The property ownership on each side of the alley is currently the CRA and
future conveyance to the applicant is anticipated.
Utilitv Services
The City's Fire Department reviewed the request and has no objection to the abandonment.
The City's Environmental Services Department (ESD) located an 8" sanitary sewer main and a
4" water main within the abandonment area. ESD stated that a utility easement must be
retained with the abandonment. Florida Power and light, Florida Public Utilities Company
(Gas) and BellSouth have reviewed the request and have identified facilities within the
abandonment area. They all indicated that they do not object to the abandonment as long as
an easement is granted for existing facilities. Adelphia Cable has reviewed the request and has
no objection.
Due to the numerous facilities located within the abandonment area, a general utility easement
will be retained over the entire abandonment area. This will be a condition of approval.
Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved,
the following findings must be made:
A) That there is not, nor will there be a need for the use of the right':'of-way for any
public purpose.
The 16' x 26' portion of alleyway proposed for abandonment is currently improved and is
being utilized as one point of access to the CRA Block 76 parking lot. By abandoning this
portion of alley right-of-way, there remains 5 other points of access to the CRA Block 76
parking lot. As previously mentioned, the City is in process of constructing the Old School
Square Parking Garage located on the northern end of this block. Properties were
exchanged between adjacent land owners (CRA, DHBH Atlantic, LLC and 60 }'2, LLC) to
accommodatetl'le future city park located mid-block and the area proposed for
abandonment was included as part of this agreement. The public need for the use of the
right-of-way can be better served with the construction of the parking garage and future
pa ne
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The subject abandonment will not prevent access to any parcel, as all affected parcels have
access from NE 1st Street, NE 1st Avenue and NE 2nd Avenue.
C) That the abandonment will not result in detriment to the provision of access and/or
utility services to adjacent properties or the general area.
An 8" Sanitary Sewer main and 4" water main are located within the abandonment area as
well as overhead electric identified by Florida Power & light and aerial cables identified by
Bell South and a 2" Gas Main identified by Florida Public Utilities Company. The existing
utilities will be accommodated through the reservation of a general utility easement so that
2
Planning and Zoning Board Staff Report, June 19, 2006
Abandonment-DHBH
the provision of utility services to adjacent properties or the general area will not be
affected.
The development proposal is within the geographical area requIring review by the CRA
(Community Redevelopment Agency) and normally the DDA (Downtown Development
Authority). The proposed abandonment is not within the geographical area requiring review by
the HPB (Historic Preservation Board).
Community Redevelopment Aaencv
The CRA reviewed this abandonment request at its meeting of June 8, 2006 and recommended
approval.
Downtown. Development Authoritv
The DDA does not review this type of development proposal.
Courtesy Notices:
Courtesy notices have been provided to the following groups:
· PROD - Progressive Residents of Delray
. Presidents Council
· Neighborhood Advisory Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
As previously mentioned, the abandonment area is improved and is being utilized as one
access point into the parking lot; however, the abandonment would not cut off access into the
parking lot since 5 other access points exist. Further, an ingress/egress easement will be
provided over this area to allow public access to continue until such time as physical
improvements are made as part of the applicant's building expansion. The subject area is part
of a land exchange agreement between the CRA, DHBH Atlantic, LLC and 60 1/2, LLC to
acquire needed land to construct a future park associated with Old School Square Parking
Garage. All current utilities and future needs will be accommodated with the reservation of a
general utility easement.
1. Continue with direction.
2. Move approval of the request for the abandonment of a 16' x 26' portion of an improved
north-south alley right-of-way within Block 76 of the plat of the Town of Unton (PB 1, PG 3),
3
Planning and Zoning Board Staff Report, June 19, 2006
Abandonment-DHBH
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 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development
Regulations, subject to conditions.
3. Move denial of the request for abandonment by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan and does not meet criteria set forth in Section
2.4.6(M)(5) of the Land Development Regulations.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 26'
portion of an improved north-south alley right-of-way within block 76 of the plat of the Town of
Linton (PB 1, Pg 3), 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 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land
Development Regulations, subject to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
general utility easement and temporary ingress/egress easement over the entire
abandonment area.
Report Prepared by: Nguyen Tran, Senior Planner
Attachments:
Location Map
Survey of Abandonment Area
Reduced Boundary Survey
Reduced Plat
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ABANDONMENT
(PORTION OF 16' ALLEYWAY WITHIN BLOCK 76, TOWN OF DELRAY)
CITY OF DELRAY BEACH, fL
PLANNING'" ZONING DEPARTMENT
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fROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGERf ~~~
PAUL DORLlNG, AICP, DIRECTOR Of PLANNING ZONING
MEETING Of JULY 11, 2006 CONSENT AGENDA ***
TEMPORARY ACCESS EASEMENT OVER THE 16' X 26' PORTION Of
RIGHT-Of-WAY BEING ABANDONED IN THE IMPROVED ALLEY Of
BLOCK 76 LOCATED NORTH Of EAST ATLANTIC AVENUE, BETWEEN NE
1ST AVENUE AND NE 2ND AVENUE.
The request involves the approval of a temporary access easement over a portion of an
improved alleyway proposed for abandonment. The abandonment area represents the south 26'
of the improved north-south alley right-of-way within Block 76. The abandonment request was
submitted by DHBH Atlantic, LLC, the owners of building formerly known as Craig's Furniture
(aka Old School Square Bread Company site). The alleyway will later be improved and utilized
as additional parking for the existing buildings to the south as well as future additions. In the
interim the applicant has agreed to allow the public to continue to utilize this portion of the alley
for circulation until such time as a building permit is issued for development of DHBH properties
to the south or 180 days after either DHBH or 60~ provides the CRA written notice of
termination.
By motion, recommend to the City Commission approval of the temporary access easement
over a 16' x 26' portion of an improved north-south alley right-of-way within Block 76 of the plat
of the Town of Linton (PB 1, Pg 3), by adopting the findings that the request and approval
thereof is consistent with the Comprehensive Plan.
Attachment:
. Access Easement Agreement
EA,3
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. lst Avenue
Delray Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
THIS AGREEMENT, made this _ day of , 2006, by and between 60 ~
LLC, with a mailing address of 45 N. Congress Ave., Delray Beach, Florida 33445,
("OWNER") , and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. OWNER hereby grants to CITY a non-exclusive easement for ingress and egress
to enter upon, across, over and under the property described in Exhibit "A", attached hereto ("the
Property"), for the purpose of public pedestrian and vehicular access, commencing on the date
that OWNER becomes vested with title to the Property and terminating upon a) the approval of a
site plan for the Property, or b) the construction of a public park on the property adjacent to the
north ofthe Property, whichever is the first to occur.
2. On the condition that the CITY and/or the DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENTY ("CRA") provide and maintain liability insurance coverage in
the amount of $2,000,000 per incident in favor of 60 ~ and DHBH, than, and in that event, 60 ~
and DHBH agree that the CITY and the CRA may use the Property for public parking, including
the right of ingress and egress thereto; provided, however, that such use shall terminate a) at such
time as 60 ~ and/or DHBH receive a building permit for additional development of Parcel C of
the DHBH#1 Plat or b) 180 days after either 60 ~ or DHBH provide the CITY and the CRA
written notice of termination.
3. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida.
4. The parties hereby agree that upon the commencement of this non-exclusive
easement, the OWNER shall be responsible for the maintenance, replacement and repair of the
property encompassed with the grant of the easement contained herein.
1
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the
CITY harmless from and against any and all judgments, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attorney's fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use of the Property.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
ATTEST:
6012 LLC (OWNER)
Print Name:
By:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_ by who is personally known to me or who has
produced as identification.
Signature of Notary Public - State
of Florida
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
2
Exhibit "A"
DESCRIPTION:
A PORTION OF THAT CERTAIN 16 FOOT WIDE ALLEY LYING BETWEEN LOTS 6 AND 12, BLOCK 76,
THE CITY OF DELRAY BEACH, FORMERLY "MAP OF THE TOWN OF LINTON, FLORIDA", AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, PAGE 3, LYING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 76; THENCE N 00' 00' 34" E
ALONG THE EAST LINE THEREOF, A DISTANCE OF 26.00 FEET; THENCE S 89. 06' 52" E, A
DISTANCE OF 16.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID LOT 12,
BLOCK 76; THENCE S 00' 00' 34" W ALONG SAID WEST LINE, A DISTANCE OF 26.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK 76; THENCE N 89' 06' 52" W, A DISTANCE
OF 16.00 FEET TO THE POINT OF BEGINNING.
LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP,
OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF N89.06'52"W ALONG
THE SOUTH LINE OF LOTS 6 AND 12, BLOCK 76 OF SAID "MAP OF THE TOWN OF LINTON,
FLORIDA"
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON MARCH 17, 2006. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6
ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA
STA TUTES 472.027.
CAULFIELD 8<. WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452
DAVID P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
STATE OF FLORIDA
L.B. 3591
DHBH 11 PLAT
AlLEY ABANDONMENT
SKETCH OF DESCRIPTION
SHEET 1 Of' 2
DA TE 3 7 06
DRAWN BY JC
F.B./ PG. N A
SCALE AS SHOWN
JOB NO. 4910aban
07/08/2008 10:27 FAX 5812437221
DELRAV BCH CONN INP-P&Z
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GRAPHIC SCALE
(IN rEET)
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LOT 6
BLOCK 76
MAP OF THE TOWN OF
LINTON, FLORIDA
(PLAT BOOK " PAGE 3)
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MAP OF THE TOWN OF
LINTON, FLORIDA
(PL.A T BOOK 1, PAGE 3)
EAST LINE Or- LOT 6 , BLOCK 76-
(BEARING BASIS)
-WEST LINE OF LOT 12 , BLOCK 76
S89-o6'S2-E
16.00.
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00 //'/;0 0,.,
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g~ ' ;i0 y8 S.W. CORNER LOT 12, BLOCK 76
Z ~;;0'" U') MAP OF THE TOWN OF LINTON, FLORIDA
_ %/;:, /. (PLA T BOOK 1, PAGE 3)
POINT OF BEGINNING ~N89-o6'52.W .
S.E. CORNER LOT 6, SLOCK 76 1600' 16' ALLEY
MAP OF THE TOWN OF LINTON, FLORIDA. (PLA T BOOK " PAGE 3)
(PLAT BOOK " PAGE .3)
T I .
LOT 14 I LOT 15 I LOT 16
I
BLOCK 76
I MAP OF THE TOWN OF
UNTON, FlORIDA
(PLA T BOOK " PAGE 3)
I I
INC.
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SCAl.E AS SHOWN
---.-.............
JOB NO. 4Q10ARAN
DHBH f1 PLAT
AllEY ABANDONMENT
SKETCH OF DESCRIP1l0N
------1
>,
DA vID P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 500S
ST ATE OF FLORIDA
l.B. 3591
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER W\
AGENDA ITEM # g ~ - REGULAR MEETING OF JULY 11,2006
RESOLUTION NO. 46-06
TO:
SUBJECT:
DATE:
JULY 7, 2006
This is a resolution assessing costs for abatement action required to remove nuisances on eighteen (18)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 46-06.
(S): City Clerk/LIEN PROCESS/AGMEMOS/IAgmemoCE Res No 46-06.doc
RESOLUTION NO. 46-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CIlY OF DELRA Y BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CIlY TO ACCOMPLISH SUCH ABATEMENT
AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERlY FOR
UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or
parcels of land, described in the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the
City of Delray Beach, the City Manager or his designated representative has inspected said land(s)
and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100
of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (1)
days from the date of delivery of said notice (forty-two (42) days in the case of violation of Section
100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to
review the decision that a nuisance existed within five (5) days from the date of delivery of said
notice, failing which the City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part
hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or -to properly
request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and
receive a hearing, said property owner(s) failed and/ or neglected to abate such nuisance(s) within the
time designated at the hearing wherein a decision was rendered adverse to the property owner(s);
and,
~,
,
WHEREAS, the City of Delray Beach, through the City Administration or such agents
or contractors hired by the City Administration was therefore required to and did enter upon the
land(s) described in the list attached and made a part hereof and incurred costs in abating the subject
nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a
report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel ofland involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter
100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the
City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid
nuisances upon the lots or parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parce1(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the same manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and binding obligations upon the
property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby directed to
immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon
the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray
Beach at the July 11. 2006. meeting has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of
Assessment and this resolution.
2
Res. No. 46-06
?l
the mailing date of the notice of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk
within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall
become effective on the subject property which shall secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED ill regular seSSIon on this
,2006.
day of
MAYOR
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W.1"t Avenue
Delray Beach, Florida 33444
ATTEST:
3
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
103 NW 3rd Avenue
Town of Delray, Lot 8, Block 43 PB 1, PG 3 Gertrude R Carter
PCN 1243461601 0430080 211 NW 15th Avenue
Customer No. 11577 - Invoice No. 29595 Delray Beach, Florida 33444 $ 159.00 Nuis. Cost
$ 55.00 Adm Fee
$ 214.00
511 NE 3rd Avenue
Del Ida Park N 14.6 FT of Lot 8 & Lot 9, Block 13 Peter K. Smith &
(Del-Ida Park Historic District) PB 9, PG 52 Maria Munro
PCN 12434609290130081 P.O. Box 31058
Cust. No. 11553 - Invoice No. 29594 West Palm Beach, FI33420 $ 113.00 Nuis Cost
$ 55.00 Adm Fee
$ 168.00
15 SW 9th Street
Bellview Court, Lot 3 & E 5 FT of Lot 4, PB 11, PG 45 Gillot Laurent
PCN 12434620150000030 4498 NW 25th Way
Cust No.1 0223 - Invoice No. 29591 Boca Raton, FI 33434 $ 113.00 Nuis Cost
$ 55.00 Adm Fee
$ 168.00
V/L N. of 121 SW 10th Avenue
Lincoln Park, Lot 5 PB 23, PG 160 Virgil Stubs
PCN 12 43 46 17 38 000,0050 326 SW 5th Avenue
Cust. No. 4146 - Invoice 29588 Delray Beach, FI 33444 $ 122.00 Nuis Cost
$ 55.00 Adm Fee
$ 177.00
717 SW 3rd Street Orchid Circle LLC
Carver Square, Lots 26 & 27, PB 77, PG 57 % Lisa I Glassman, Reg Agt
PCN 1243461731 0000260 2627 NE 203rd Street #100
Cust. No. 11673 - Invoice 29596 North Miami Beach, FI33180 $ 161.00 Nuis Cost
$ 55.00 Adm Fee
$ 216.00
24 & 30 SE 4th Street .
Model Land Cos SUB of W 1/2 E 100 FT of N 165 FT of
Lot 1 W of RY Block 1, PB 26, PG 113 Hoque & AHM Rabya
PCN 12434621 090010090 905 Kokomo Ln
Cust. No. 11951 - Invoice 29466 Delray Beach, FI 33483 $ 156.00 Nuis Cost
.. $ 55.00 Adm Fee
$ 211.00
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
V/L N of 2955 FI Blvd
Tropic Isle 3rd Section, Lots 411 & 412, PB 25, PG 36 Katharine D. Martens
PCN 12434628030004110 589 Deerfield Dr
Cust. No. 8844 - Invoice 29465 Melbourne, FI 32940 $ 175.00 Nuis Cost
$ 55.00 Adm Fee
$ 230.00
959 Eve Street
Tropic Isle, Lot 27, PB 25, PG 77 Scott & Karen Efron
PCN 1243462801 0000270 959 Eve Street
Cust. No. 11953 - Invoice No. 29468 Delray Beach, FI 33483 $ 175.00 Nuis Cost
$ 55.00 Adm Fee
$ 230.00
629 SE 2nd Avenue
Osceola Park W 63.36 FT of Lots 28,29 & 30
Block 7, PB 3, PG 2 Ben & Iris D. Hammett
PCN No. 12434621 01 0070281 2996 Byington Circle
Cust No. 6256 - Invoic~ No. 29463 Tallahassee, FI32303 $ 200.00 Nuis Cost
$ 55.00 Adm Fee
$ 255.00
645 SW 20th Court Delray Golfview Condo Assoc. In
PB 1, PG 3 % Herme Wallace, Reg Agt.
PCN No 12434619220000000 312 Live Oaks Lane
Cust. No. 8048 - Invoice No. 29464 Boynton Beach, FI 33436 $ 247.00 Nuis Cost
$ 55.00 Adm Fee
$ 302.00
Read of 506 South ridge
Lots 26 & 27, Block 10, PB 13, PG 39 Shorewalker Homes, LLC
PCN No 12434620130100260 1613 Redgrave Road
Cust. NO.1 0325 - Invoice 29416 Knoxville, TN 37922 $ 181.00 Nuis Cost
$ 55.00 Adm Fee
$ 236.00
404 SE 4th Avenue
Osceola Park S 64.77 FT of Lots 5 & 6, Block 4
PB 3, PG 2 Mark Yellen
PCN No 12 434621 01 0040052 5534 Ainsley Court
Cust. No. 11952 - Invoice 29467 Boynton Beach, FI 33437 $ 150.00 Nuis Cost
$ 55.00 Adm Fee
$ 205.00
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
700 Ave Chaumont
Chatelaine No 1 Lot 13, Block 5 PB 1, PG 3 Dolores G Bell Est
PCN No. 12424612030050130 700 Avenue Chaumont
Cust. No. 9996 - Invoice 29631 Delray Beach, FI 33445 $ 185.00 Nuis Cost
$ 55.00 Adm Fee
$ 240.00
518 SW 4th Street
SUB of SEC 20-46-43 W 83 FT of E 208 FT of N 108
of Lot 1 PB 1, PG3 Mary B Elder
PCN No. 1243462001 001 0020 518 SW 4th Street
Cust. No. 11984 - Invoice 29632 Delray Beach, FI 33444 $ 161.00 Nuis Cost
$ 55.00 Adm Fee
$ 216.00
2201 & 2203 NE 3rd Avenue
Seacrest Park Lot 11, Block 11 PB 24, PG 33 Jean M Francois
PCN No. 12434601 21 011 0110 7235 Bucks Ford Dr
Cust. No. 11986 - Invoice 29634 Riverview, FI33569 $ 150.00 Nuis Cost
$ 55.00 Adm Fee
$ 205.00
218 NE 5th Street
Del Ida Park Lot 15, Block 7 (Del-Ida Park Historic JAG 25 Enterprises, Inc
District) PB 9 PG 52 % Jeffrey Goldberg
PCN No. 12 43 46 09 29 007 0150 11031 Springfield PI
Cust No. 11987 - Invoice 29635 Pembroke Pines, FI 33026 $ 174.00 Nuis Cost
$ 55.00 Adm Fee
$ 229.00
640 SW 4th Avenue
Rosemont Park Delray Lots 13 to 15 INC Block 1
PB 1, PG 3 Donna M Cook I
PCN No. 1243462014001 0130 640 SW 4th Avenue
Cust. No. 11985 - Invoice 29633 Delray Beach, Florida 33444 $ 172.00 Nuis Cost
$ 55.00 Adm Fee
$ 227.00
212 NW 5th Avenue
Town of Delray N 50 FT of S 250 FT of Block 18
(Less W 143 FT & E 20 FT RD RlW) PB 1, PG 3 William M & Carolyn Young
PCN No 1243461601 0180120 15112 Tall Oak Avenue
Cust No 7809 - Invoice 29630 Delray Beach, F133446 $ 174.00 Nuis Cost
$ 55.00 Adm Fee
$ 229.00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Res. No. 46-06
o~
071
City of Delray Beach City Clerk's Office
G MEMORANDUM
TO:
Mayor Perlman
Commissioner Ellis
Commissioner Fetzer
Commissioner Levinson
Commissioner Montague
~ enice Cobb, Executive Assistant/Board Liaison
FROM:
SUBJECT:
Parking Management Advisory Board Ratification
DATE:
July 11,2006
Please see the attached letter and minutes regarding the Downtown Development Authority's
appointed representative for the Parking Management Advisory Board.
The memorandum dated July 7, 2006, regarding Agenda Item 8C states that Mr. Herman Stevens
was appointed as the alternate member on the Parking Management Advisory Board representing
the Downtown Development Authority. Per Ms. Marjorie Ferrer's attached letter, Mr. Stevens was
appointed as the regular member. Please ratify his appointment as the regular member on the
Parking Management Advisory Board.
Thank you.
~~~~~~.~
DELRAY BCH CHAMBER
5612780555
Ju 1 11 06 12: OOp
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City of Delray Beach, Florida
July 10, 2006
To: Venice Cobb, Executive Assistant, Board Liaison
From: Marjorie Ferrer, DDA, Executive Director
Per your request attached are excerpts from DDA meeting of June 12, 2006. At
that meeting the Board appointed Herman Stevens as the DDA liaison to the
Parking Management Advisory Board. At the next DDA meeting the Board will
designate an alternate member.
I trust this meets with your approval.
\VJfUNK
ReceiVED
JUL , , 2006
CITY CLERK
Marjorie Ferrer
Executive Director
M-A S.L Filth AVt'l1l1t'. Delra)' Beach. Florida 334l:() . (561) 2n-0424 . Fax {56 I) 278-0555
V\'\vvv.Downto\vn Oelray Beach.com
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DElRA Y BEACH
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Jul 11 06 12:00p
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j)DA.
MEETJvJC- JUNE J~ ~Ot)'
-
events that we are producing for them. Motion seconded to contribute $3,000. Motion to
approve by Janet Onnen, seconded by Rich McGloin. All in favor. Approved.
a. (moved to this slot) Appoint Representative to Parkinq Manaqement Advisory
Board. Louis Carbone announced that Dick Sheremeta is resigning from our Board and
moving to Montana. The Board thanked him for his service and direction. Two appointments
are needed to the PMAB. The history of appointments is that the junior member gets
appointed to this board. As such, Herman Stevens was appointed as the DDA liaison to the
PMAB. We will need an alternate and will agenda this for another meeting.
7. OLD BUSINESS
a. Public Relations/Communications Update - Leah Norat. We are working on the
tab section for 4th of July. The Downtown Marketing Newsletter should be ready sometime in
July. It will be a quarterly publication and will include event updates from the various districts.
We are putting together a marketing recap for 2006 for the budget workshop.
b. Special Events/Special Proiects Update - Sarah Martin: Upcoming events:
June 29th Art & Jazz. We are going hold a sand scupting demo to promote our 4th of July
event. At the Old School Square pavilion we have the Israelis Scout Caravan performing. For
the 4th of July, we are including a new children's area which will have crafts and activities. We
plan to have a band on stage on the beach starting at 5:30. Sherwood will exhibit their cars;
we'll have a giant flag on display and the children's bike parade. Visitor's Center may not be
open as this has to go through SPRAB for approval. August 17th Art & Jazz will be a "cool
down" theme. We are going to help promote Roots events. First Night, we have already
created a "call to artists" for our button design.
c. Proiect Updates - Marjorie Ferrer: The Art Board approved the design for
under the bridge. Prototype passed around. Mr. McGloin is working on other parts of the
bridge and we hope to get the four corners of the bridge done by fall of next year. The Guide
Book is at the printer. We are working on moving the Shuttle Plan forward. On the Gateway
Project, we should have a rendering by our next meeting. She is working on updating the
construction projects and adding all the new developments. Working on updating the Cluster
Study.
8. BOARD COMMENTS
9. COMMITTEE REPORTS
a. Randv Welker. Atlantic Plaza going to Commission Workshop tomorrow. He
will report on this at the next meeting.
B. Lt. Jeff Goldman - He is now in charge of the downtown area. There are
basically four officers assigned to the area. He is looking for input from the boards as to what
they would like to see done. His main goal is to make sure that everyone knows the officers
working the area. The only incident they had on the Avenue was the crowds spilling out from
the bars with alcohol and walking around. This is mostly on the first block on East Atlantic.
They are addressing this. What they do is document the information and go back and speak
to each manager. Right now he is in the education phase, then they will get Alcohol, Tobacco
and Beverage involved to give some warnings. He doesn't want to cite immediately. Rich
McGloin: It is a pleasure to see the foot patrol presence. He wants everyone to be familiar
with the officers working downtown. Their canines are also back and are assigned to him. You
will begin to see their presence.
c. Bridqe Report - Rich McGloin: He is meeting with the engineering firm and
they are going to have the drawings and proposals for the northeast side. The goal is to be in
the budget cycle for the CRA and the City. He will have more to report at our next meeting.
5
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER W'j
AGENDA ITEM # ~ C- - REGULAR MEETING OF TUL Y 11, 2006
~
RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY
BOARD
TO:
FROM:
DATE:
JULY 7, 2006
On May 10, 2006, the West Atlantic Redevelopment Coalition appointed Mr. Peter Perri as
their representative on the Parking Management Advisory Board for an unexpired term
ending September 30, 2006. In addition, on June 14,2006, Mr. Reginald Cox was appointed
as the alternate member for an unexpired term ending September 30, 2006.
On June 8, 2006, the Community Redevelopment Agency appointed Mr. Peter Arts as their
alternate representative on the Parking Management Advisory Board for a two (2) year term
ending July 1, 2008.
On June 12,2006, the Downtown Development Authority appointed Mr. Herman Stevens as
their alternate representative on the Parking Management Advisory Board for an unexpired
term ending August 1,2006.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations to
the City Commission regarding parking management policy and related issues including but
not limited to, the planning, financing, development, construction and operation of parking
facilities within the boundaries of the Transportation Concurrency Exception Area (fCEA),
as well as, all public parking areas located along State Road A lA within the corporate limits
of the City.
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Recommend City Commission approve and ratify the appointment of Mr. Peter Perri and
Mr. Reginald Cox, representatives of the West Atlantic Redevelopment Coalition for
unexpired terms ending September 30, 2006; Mr. Peter Arts, representative of the
Community Redevelopment Agency for a two (2) year term ending July 1, 2008; and Mr.
Herman Stevens, representative of the Downtown Development Authority for an unexpired
term ending August 1, 2006.
PARKING MANAGEMENT ADVISORY BOARD
06/06
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/07 Mark Krall, Chair P&Z Home: 330-0215
Appt 09/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/22/05 Delray Beach, FL 33483 Fax: 278-6909
Ratified 12/13/05
08/01/06 Ronald Radabaugh Chambers Office: 243-3073
Appt Unexpired term- 976 Banyan Drive Home: 279-9555
03/20/01 Delray Beach, FL 33444 Fax: 274-4849
Reappt 07/02/02
Reappt 07/20/04 Email: chefron2~aol.com
07/01/07 Thomas F. Camey,Jr. CRA Office: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Ratified 08/19/03 Delray Beach, FL 33483 Fax: 330-8233
Reappt 07/28/05
Ratified 09/06/05
09/30/06 Peter Perri WARC Home: 243-6360
Unexp Appt 05/10/06 65-H NE 4th Avenue Cell: 441-1175
Delray Beach, FL 33483 Fax: 243-0043
08/01/06 DDA
Unexp Appt Vacant
The representatives above are ratified by the City commission.
The representatives below are appointed by the City Commission.
01/31/08 Mark Denkler Atlantic Avenue Corridor Office: 276-6570
Appt 02/21/06 320 NW 9th Street Between Swinton Avenue Home: 265-4745
Delray Beach, FL 33444 and Intracoastal Fax:
01/31/08 Jeannette Dobson Atlantic Avenue Corridor Office: 243-1794
Appt 02/01/05 Unexp 700 W. Atlantic Avenue Between Swinton Avenue Home: 637-4074
Reappt 01/17/06 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694
Fax: 637-1675
01/31/08 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690
(resumed his term) Delray Beach, FL 33483 lying East of the Email:
Reappt 01/17/06
Intracoastal Waterway J orgc@CaffeLunaRosa.com
01/31/08 Cecelia Boone Old School Square Office: 302-8978
Unexp Appt 03/21/06 220 NE 1 st Street Historic Arts District Home: 302-8978
Delray Beach, FL 33444 Fax: 278-6221
Email:
01/31/07 Melvin Sacharow Citizen-at-Large Office:
Appt 01/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863
Email:
melsacharow@iuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 540-2938
Appt 01/06/04 Unexp 1022 East Adantic Avenue Home: 737-1308
Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816
Email:
Troy.D.Wheat@SmithBam
ey.com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
06/06
TERM
EXPIRES
08/31/06
Unexp Appt 12/19/05
Ratified 01/03/06
08/01/06
Appt 07/06/04
07/01/08
Appt 06/08/06
09/30/06
Unexp Appt 06/14/06
08/01/06
Unexp Appt 06/12/06
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Diane Borchardt
625 Heron Drive
Delray Beach, FL 33444
avid Cook
01 Southwest 33rd Place
oynton Beach, FL 33435
eter Arts
1746 Fern Forest Place
elray Beach, FL 33445
eginald Cox
15 NW 2nd Street
elray Beach, FL 33444
erman Stevens
01 SW 7th Avenue
elray Beach, FL 33444
CATEGORY
TELEPHONE
&Z
ffice: 515-6550
Home: 272-1196
ffice: 276-4194
ome: 732-4193
276-4190
395-1433
637-3640
703-4770
395-4755
ffice: 265-1030
272-8805
573-1131
265-1131
278-1988
272-7477
hambers
RA
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
DELRAY BEACH
f l 0 . , D "
L/~e:r~e1/J('e
ft1-&11-
CITY OF DELRAY BEACHRECEIVFD
BOARD MEMBER APPLICATION 2
1'1A'R' 4 2005
CITY CLER . .
:3 -,;?--() S'
M. 1.13
Z!E Code
:s 3'-/ 'is'
Zip Code
(3-e-k
Sp:t[
*****
mr
1993
2001
Name
c.y-
State
((ev td^,
Fc
Zip Code
3313)
City
60L~
State .
Sltl-tJ31-3~4C) 5&/-3'15'-/'-13
6. Are you a registered voter?
Fax: S & J~ ;>'ij
47S'S-
()oc-"^ '"" vvt....-+ ~()"'-
8. List all City Boards on which y u are currently serving or have previously served: (please include dates)
nOh{....
9.. Educational qualifications:
lo--..L<'-<'" "1~st.'...,
u.~. L he......
CZJ
A'7~vl .
C\... .,.). ,f r-- to
~ ~.s"",,-l
11. Give your present, or most recent employer, and position:
p, (' ~^ ]:~ ,",.r"- \1\ {-L- "-.....
12. Describe experiences, skills or knowledge which qualify you to serve on tJUs board: (please attach a brief resume)
fA. .e",,~ 0. 8D"-.fA "",lo~ c..-..A. f> ("lSv . ~ 5
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
CF...J:t apCr;:; =y cause fo,feiture upon my part of any appomtment; '".: ,~;v:O 5'
:IGNATURE - DAlE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERlCIBOARDIAPPUCA TlON
...vnl r..t:OYY..Lt:O ,-VA
l.-U L~.J"::> I I~
d~ O/~/LVVJ ..L..L.JO ~~
UUJ./U
OELRAY ltt:ACH
~
rrITr
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
l(---/,,() 7
Pk3.S~~ type or prim dle foUowmg- infonn..~Liou:._
1. l.=;t N:un<::~or<
2. H~~ AddrA/W' /?
3. ug-.t.l Ilt:sidcncc:
~1Vte-
?l f\hAL-t>
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City
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State.
.fl---
Stat<:
j( 1'1
RECEI\fED
AUG - 9 2005
'IY i!~E~K
M. '-A-.
Zip Code
334-4
Zip Code
/t / 1
1993
2(0)
II
7 At~{ 6
City
,(
$Ia.cc
Zip Code
.4
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Poncip:t.l Bu:;iocs:;. l\.ddtc:;r,:
t"(
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5. Home Phone:
d J '7--]." <<4/) C.
7(// ... q k--Vt.f,' ./
E-M>lil Address: Cdl Phone: f';1.JC
5b/- 2$-/~>> /<EGt!tJ!t /ItL.&rj fY~57J-//31 .>b/~U~j!J3/
6. Are you" o'giSleI.ed \'oter~' e'7 If ~,o:~vhCJ:e :lte. Ypi~Y~~;;...~1l.._
7. \VI."'t Hv'itnl(:;) .,~. )"VU inlnc:>tcc.l 3C':-vlng? Pk3.:;~ list. in od.-:r of pe,.;[<:((':nce:
Busmess PhOLlc:
F4=W;UIIv'& ~ltllNfi c..~{ 1V:tf157 /fTZ - Jz.e;~~?
8. L1~l.ill City Bo;;uds 00 T,I;Ihich you ;U'{~ CUrt~nf]Y sr.~itlg Or have previously Se1.TCd: (PI1Oase: include d:uc:;)
')~/7fl(U{7(rml A-Pi7E~/ {?pKA~ 0~/) . _
. /. . Education11 qn1Ijt1;....;t.inns:~ ' ( ~. .
/lt4"7;e~ ~/~WG:9? A~/~- ~IfGLoJe~1lr.(t;,1L7r%7'lXE. I
.If, 17. - G -7// ? SIGAl
10. Li~H any tehled proie$~lOIW t.:crcijlc:ttlow; :u.~{,lliceJlses ww.ch you hold:
. ... .. .. .n" _ - flAtIw7 E-><i4 tW/~/
Be/IL I ~dI7fk-JT
11. Give your pres~.nt, or iuO:->t.l:Cct:lJt l:mplo}'cr:. l'Hld position:
/-- at.( ~: I
.I
ID c#--/er~
~-rrJc..
12_
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Dcscri ~eJ.'i~nL~. skdh vI: luwwlcdcc which qualJfy yml Co S<:':tvc On this baud: (pI{';\sc atb.dl 7. ~ricf rf:$lllne)
/6/&"Q/fS> ~/,-~~y~a- /A.! ~ /I~ :/!l/'O;"~p:;':r~
IfpI!fBra<M?' OEL.j4A r ~A:::.f//~ ~~ n. ~f3}./c::~
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/
I hereby ccuify dl'H llll 'lt~t.: aLcove s't:ltC~~~ll:S arc (me:: :ltld I ag:r:ec :md undcrstand duc any I11lsstatement or matc..r:i.al fact:;
Ct-Jntaifl~<1 . . . :lppliC<ltio'imay C:J.\lse fortelhltc upon ffiJ part of :my nppOEntmcnl r IDa)' tcceive.
/' . /. . . 8/ia Io.)~
Di\"n! !
~. "Ire:
}
.~ :a.pplic:auon ..vill t:e.lllain on {tie ill the City Clerk's Office fot.... period of 2 years from the date it was
:>uhmittciL It will be the .\ppli.1::sufs responsibility to <.-rlsUlc..: t h:\j' a. CUIT(:nt appJic.jj.tlon 15 on fik.
~rn"'.(J .F~P;~tHJ:\~Il\."lf'F(f("A-n(},.""
DELRAV BEACH
~
A1l-Am1ricaCIty
"III!
1993
2001
41 /01,
-PC!
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
information:
2.
Li .~ '"
CityJj
City
State
Zip Code
Name
3.
4. Principal Business Address:
City
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
we....s-+ L I v iY\-..
8. List all Gty Boards on which you are currendy serving or have previously served: (please include dates)
1\JOlVV
9. Educational qualifications:
-
)
10. List any related professional certifications and licenses which you hold:
S GNATURE
DAlE
Note: This application will remain on flle in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on ftle.
SICITYCLERKIBOARDIAPPLICA nON
06/1~/2006 13: 17 FAX
06/16/06 FRI 08:4.7 FAX 5612433774
l4I002
CITY CLERK
I4J 00 <1
DElRAY BlACH
.. \ a _ . 0 ....
* * 11\ ..' "t
;mr
1993
2001
CITY OF DELRAY BEACH ' ~G~\"€.O
BOARD MEMBER APPLICATIO!i , ~ t\\\\\
~U l\ a~
C \...~p
C\\~ @11~tJ~
1. Name M.L
c;:. v' /c. r0
2. Home Addrtlss: l~~ State
l.- ~ S j '-"-^ /e.. FL
3. Legal Residence: Scare
c..
4. Principal Business Addz:ess: City Sure Zip Code
15 S.vJ. S~ ~.e Dc.lrc 6C~ ?-L ) 3L/ LI
5. Home Phone: Bu&iness Phon.e::: E-M:Ul.Addl'e.$s: Cell Phone: Fax:
_ . ~~L
S<. l) 21"2 -,LI'1 Ck~j l/ t - 11~ ~rr-"n )k~ J..... ~ ,$~ -,71 L/,I <) 2.,' -o~l
6. AIe you a registered v~c:r~ If so, w-he.J:f='l!ou re.gisrCIed?
7. at B ard.( E1) ue y~(~ tcd in serving? Plcal;e list nl Q:tcJer of prcfcrcqcc::
'^- "'" " ~ $(/
n
O.
ed: (please include dates)
9. Educational qw.lificatioos: G
' c:.. J
10. IJst any rc6.ced pz:ofessiooal certifications and licenses which you hold:
S <., e.. e "J' I"Y' e..
11. Give: your present, or most recent employer., and position:
~l ~ ~
eJ
4-
"1 \I<.)l
r,"L +-
I h eby cerdfy that :ill the above statements <l!:(: tIne, and r agree; and undersr:and that any missCateIllent of material facti>
ntl' ed in t:bia applicauo cause forfeiture upon m.y part of any appola.tm.~nt I ID.3.y recdve..
~- ,q -O.y
DATE
Note: This application wiIl.rem3in. on file in the City Cle:rk's Office for: a pt:riod of 2 years from the da.te it waS
submitted. It will be the applicant's responsibility to <::1lsure rb.at: a current :application i:; au file.
S\CrN'Cl..6U-.'\l!OAKvW'~UCl\.nol'<
Jun 16 04 10:11a
DELRAY BEACH CRA
5612768558
p.3
p.<=:
EDUCA TION:
Mercer University
Macon, GA
Southern University
Baton Rouge, LA
EMPLOYMENT:
Present
Feb. 1996-Jan. 2000
Jan, 1994-Feb, 1996
Herman Stevens, Jr.
75 Southwest Fifth Avenue
Delray Beach. Florida 33444
Telephone: (561) 278-1988
BA Political Science
Juris Doctorate
Law Office of Herman Stevens, Jr.
75 Southwest Fifth Avenue
Delray Beach, Florida 33444
Assistant Public Defender
Defense attorney for indigent clients, I
handled misdemeanors, felonies and traffic
crimes.
Assistant State Attorney
State Attorney's Office
.References provided upon request.
cI<
~~
[ITY DF DElIAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW ht AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPIlONE: 561/243-709() . FACS [MILE: 561/27X-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
" II J!DATE:
MEMORANDUM
July 3, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
If--~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Subdivision Improvement Aareement with Leaacv Bank
The attached Subdivision Improvement Agreement provides that Legacy Bank
shall perform certain work in the alley adjacent to the project within six months of
the granting of a building permit. The work is required as a condition of
development. If Legacy fails to make the required improvements, the City may
make such improvements by using the funds of the letter of credit executed by
Legacy Bank.
The site that this project is located on was previously occupied by Washington
Mutual Bank. It is just north of Atlantic Avenue and adjacent to southbound
Federal Highway.
Our office requests that this item be placed on the July 11, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
~~
'.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT entered into this _ day
of , 200_, by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation, (hereinafter referred to as CITY) and LEGACY BANK OF FLORIDA
(hereinafter referred to as DEVELOPER), provides as follows:
WHEREAS, a project called Legacy Bank is being developed along the west side of
southbound Federal Highway just north of Atlantic Avenue, as shown on Exhibit "A", in the
CITY; and
WHEREAS, the DEVELOPER is required to pave an additional 2 feet along the
adjacent alleyway and move or refit any FPL poles that would prevent the required paving (See
Exhibit nAn).
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the DEVELOPER and CITY hereby agree as follows:
1. INCORPORATION OF RECITALS. The above-stated recitals are
incorporated as if fully set forth herein.
2. PROJECT CONSTRUCTION. Pursuant to the DEVELOPER'S site plan
requirements, the DEVELOPER shall be required to construct a 2 foot section of alleyway
adjacent to the current alleyway as shown on Exhibit "A". The DEVELOPER shall also be
required to relocate/refit the FPL pole(s) as shown on Exhibit "A" as it is currently located in the
proposed construction area. DEVELOPER must have the pole(s) relocated and completed
construction of the alleyway portion within six months of the issuance of a building permit
relating to the property. If DEVELOPER fails to relocate the pole and complete the
construction within a 2 year time period, the CITY may perform the work with the funds
received from the DEVELOPER.
3.
DEVELOPER COSTS.
The DEVELOPER shall provide to the CITY a
letter of credit, acceptable to the CITY, attached hereto as Exhibit "B". If DEVELOPER
relocates the FPL pole(s) and performs the other required work within the 2 year time period the
CITY shall return the letter of credit.
4. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
5. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire
agreement and understanding of the parties. There are no representations or understandings of
any kind not set forth herein. Any amendments to this Agreement must be in writing and
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
ATTEST:
By:
CITY OF DELRA Y BEACH
By:
City Clerk
, Mayor
Approved as to Form:
By:
City Attorney
WI1NESSES:
~~()ffu
D1 V"rSf\nC2... L ( tll'S
~Print~YPed)
A~~h ;;('
/ SttS,Art) E. lJAt/EY
(Name Printed or Typed)
2
STATEOF PlOV\<M
COUNTY o~-RlurY\ [~,
.h' The foregoing instrument was acknowledged before me this ~ d. ay of
UJ2V\1. ,200~ by ,&t~ltul {L. ~I\i/\~ , as 6VP ~ (Fe)
(name of officer or agent, title '11t officer or agent), of U. ..~. . . ~ ~-,k... a
( , ..tl (state or place of incorporation) corporation, n 1) alf of the rporation.
. e She- is personally known to me or has J!wdu",ed (type of
. ~mification) as identification. a__~ \..rQ
S' ature of Notary Public
, "'Y.. Notary Public State of Florida
!~~ Sandra 0 Amell
~~ '" My Commission 00552447
.., Of...., Exllires 0611412010
3
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ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWNrON AVENUE, DB..RAY BEACH. FLOADA 33444
m"
LEGACY BANK
LOCATION MAP
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DATE: 06/26/2006
LEGACY BACK lOCNAP
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EXHIBIT "B"
TEL 813 207-2880
877407-4881
~-~~ -~ ~
- - - - ---
FAX 813 207-0662
2202 N. WEST SHORE BLVD.
SUITE 190
TAMPA, FL 33607-5755
Name and Address of Beneficiary:
City of Delray Beach
100 N.W. First Avenue
DelRay Beach, FL 33483
Irrevocable Letter of Credit
Letter of Credit: 1440-061906-01
Date: June 15,2006
Expiration: June 15,2008
Dear Sir or Madam:
The Bankers Bank ("Issuer") hereby establishes in favor of the City of Delray Beach, its successors and
assigns ("Beneficiary"), for the account of Legacy Bank of Florida ("Customer") Issuer's Irrevocable
Letter of Credit in the amount of Thirty Five Thousand and no/1 00
U.S. Dollars ($35,000.00).
The funds requested shall be available for payment upon presentation by Beneficiary of this Irrevocable
Letter of Credit, sight draft(s) in an amount not exceeding Thirty Five Thousand and no//l00 U.S. Dollars
($35.000.00) and the following:
1. Beneficiary's signed statement in the form attached as Exhibit A certifying that (a) Customer is in
default of its obligations to Beneficiary and (b) the amount of said sight draft does not exceed the sum
due Beneficiary from Customer; or
2. Beneficiary's signed statement in the form attached as Exhibit B certifying that, on or before the sixty
(60) days prior to the expiration date of this Irrevocable Letter of Credit, neither (a) has this
Irrevocable Letter of Credit been extended for a term of at least twelve (12) months, nor (b) has
Beneficiary received a substitute Irrevocable Letter of Credit issued by an institution satisfactory to
Beneficiary in an amount and form and with terms satisfactory to Beneficiary.
Issuer hereby promises to Beneficiary that any drafts drawn under or in substantial compliance with terms
of this Irrevocable Letter of Credit will be duly honored if presented to Issuer on or before
June 15,2008.
Issuer agrees that if Beneficiary shall successfully prosecute any litigation to enforce issuer's obligation
hereunder, issuer shall be responsible for and bear all of Beneficiary's reasonable attorneys' fees, costs
and expenses incurred in connection therewith.
Tender for partial payment is permissible.
Beneficiary and its successors and assigns shall have the right to transfer drawing rights under this
Irrevocable Letter of Credit, in whole or in part, to any person or entity.
THE BANKERS BANK - GEORGIA
This Irrevocable Letter of Credit shall expire on June 15, 2008.
This Irrevocable Letter of Credit is subject to the Rules on International Standby Practices-ISP 98,
International Chamber of Commerce Publication No. 590 ("ISP98),"and to the extent not inconsistent
with ISP98, the Uniform Customs and Practice for Documentary Credits (1993 Revision), International
Chamber of Commerce Publication No. 500.
B
EXHIBIT A
To
Irrevocable Letter of Credit
The Bankers Bank
2410 Paces Ferry Road
600 Paces Summit
Atlanta, GA 30339-4098
Re: Irrevocable Standby Letter of Credit No. 1440-061906-01
City of Delray Beach ("Beneficiary") hereby certifies that (a) Legacy Bank of Florida ("Customer") is in
default of its obligations to Beneficiary and (b) the amount of $35,000.00 that Beneficiary is drawing
under the Irrevocable Letter of Credit does not exceed the sum due Beneficiary from Customer.
Should you need any other information from Beneficiary in regards to the above-mentioned Irrevocable
Letter of Credit, please do not hesitate to call me at
Sincerely,
Name:
Title:
EXHIBIT B
To
Irrevocable Letter of Credit
The Bankers Bank
2410 Paces Ferry Road
600 Paces Summit
Atlanta GA, 30339-4098
Re: Irrevocable Standby Letter of Credit No. 1440-061906-01
City of Delray Beach ("Beneficiary") hereby certifies that on or before sixty (60) days prior to the
expiration date of the Irrevocable Letter of Credit, neither (a) has the Irrevocable Letter of Credit been
extended for a term of at least twelve (12) months, nor (b) has Beneficiary received a substitute
Irrevocable Standby Letter of Credit issued by an institution satisfactory to Beneficiary in an amount and
form and with terms satisfactory to Beneficiary.
Should you need any other information from Beneficiary in regards to the above-mentioned Irrevocable
Letter of Credit, please do not hesitate to call me at
Sincerely,
Name:
Title:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJlt1
AGENDA ITEM # S5E - REGULAR MEETING OF JULY 11, 2006
REQUEST FOR SIDEWALK DEFERRAL/90S HYACINTH DRIVE
JULY 7, 2006
TO:
SUBJECT:
DATE:
1bis is before the Commission to approve a request to defer the installation of a sidewalk in front of
908 Hyacinth Drive.
Currendy, there are no sidewalks on this cul-de-sac. Although sidewalks may be installed in the
future, there are no plans to install sidewalks along Hyacinth Drive at this time. Therefore, staff is in
support of the request to have the sidewalk in front of 908 Hyacinth Drive deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 908 Hyacinth Drive until such time as the City requests the sidewalk to be
constructed.
S:\City Clerk\agenda memos\SidewaIkDeferralRequest 908 Hyacinth Dr 071106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden
Randal L. Krejcarek, P.E. ~
3-Jul.Q6
TO:
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
908 Hyacinth Drive
The attached agenda item is a request for a deferral of sidewalk installation in front of
908 Hyacinth Drive. This lot is a single family home located in Tropic Isles Subdivision.
There are currently no sidewalks on this cul-de-sac and there are currently no plans to
install sidewalks along Hyacinth Drive.
Therefore, I am supporting the request to have the sidewalk in front of 908 Hyacinth
Drive deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 11 July 2006 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Carolanne Kucmerowski
file
Agenda File, 11 July 2006
S:\EngAdmin\sidewalk deferrals\908 hyacinth dr agenda memo 2006-07-11.doc
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this '30 day of ~~ \.,) N t:::"
200~ between the City of Delray Beach (hereinafter the City) and
Gol D a, i\~ r HnfY\ €5 (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along HYA-Cjf<,-h-I- 'DR. until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the /1 r If (:1. Il/h/- J)R" right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration ofthe City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
1 () S H 7 ItcZ J N T r+
'D \2-..
'\~ p' <?... :r5JC
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
1-1'1 ~(!.jN"f1/ DR. right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances ofthe City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
3cLdayof~ ~e:
,20~
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
WITNESSES:
~.l)~
:~~
2
0?{:p bum tre-~
(Please type or print name)
(Please type or print name)
STATE OF fie (:"\ c~ \u\.-
COUNTYOF ?~\~~\Se:1\Q.~ .
The foregoing instrument was acknowledged before me this "30 day of
-~~ ~ r;: , 200~y ~F P 60 ,c~ ~? (name of officer or agent), of
Go I LJ e0-t\.51 \-\.r, r^~S (name of corporation), a . (State or place of
incorporation) corporation, on behalf of the corporation. He/She is rsonall known 0 me or
has produced (type of identification) as identification and did/did
not take an oath.
(SEAL)
"\~""" Joanne Loveday
~~~~. ... \ Commission #DD225397
~~. ~.~l Expires: Jun 22, 2007
";~O;;i.~" Bonded 1luu
,,,,,, Atlantic Bonding Co., Inc.
~(~~\ ~
Si ture of Notary PublIc -
State of r/aj2.. J Dk
agt/ sidewalk deferral agreement
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Date:
03 Julv 2006
AGENDA ITEM NUMBER: '6. t::.
AGENDA REQUEST
Request to be placed on:
-1L-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
11 July 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sign sidewalk deferral agreement for 908
Hyacinth Drive.
Recommendation Staff recomme
/
(
1-3--0-'
Department Head Signature:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes I No Initials: NA
Account Number: NA
Description: NA
Account Balance: NA
Funding Alternatives: NA (if applicable)
City Manager Review:
Approved for Agenda: 8/ No
Hold Until:
Initials: 4
!
Agenda Coordinator Review:
Received:
S:\EngAdmin\sidewalk deferrals\90B hyacinth dr agenda 2006-07-11. doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CfIY MANAGER 0;/\
AGENDA ITEM # g~ - REGULAR MEETING OF JULY 11,2006
CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ
EOUIPMENT, INC./S.E./N.E. 1"t STREET ONE WAY PAIR PROJECT/
OLD SCHOOL SQUARE UTILITY RELOCATION
TO:
SUBJECT:
DATE:
JULY 7, 2006
This is before Commission to approve Change Order No. 1 (Contract Addition) to the S.E. /N .E. 1st
Street One Way Pair Project in the amount of $123,100.00 to Chaz Equipment Company, Inc. for
the installation of double 6" Florida Power & Light conduits for the conversion to underground
electric lines for Old School Square.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square).
Recommend approval of Change Order No.1 (Contract Addition) to the S.E./N.E. 1st Street One
Way Pair Project in the amount of $123,100.00 to Chaz Equipment Company, Inc. for the
installation of double 6" Florida Power & Light conduits for the conversion to underground electric
lines for Old School Square.
S:\City Clerk\agenda memos\Ca 1 CA Chaz FPL ass Utility Relocates 071106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
FROM: Bob Diaz, Construction Manag
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
DATE: July 11, 2006
SUBJECT: SEINE 1st Street One Way Pair, Project # 2004-006
Commission Agenda Item, Change Order #1 (Contract Addition)
Attached is a request for the City Commission to approve Change Order #1 to Chaz Equipment
Company, Inc on the NE/SE 151 Street One Way Pair project for the installation of double 6"
Florida Power Light conduits regarding the Old School Square utility relocates. Scope of work
will include the following:
Maintenance of traffic, on-site clearing, brick paver & landscape removal, staking, layout,
directional bore(s) including stub outs. Total restoration of any affected areas (pavers, sod,
landscape & irrigation).
Total cost for additional items $123,100.00; a spreadsheet is attached for your review.
Funding is proposed from account 380-4150-572-63.29 ($123,100.00), 2004 G.O. Bond, Old
School Square
Please place this on the July 11, 2006 Commission Agenda.
Attachments
cc: Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Rafael Ballestero, Deputy Director of Construction
Carolanne Kucmerowski, City Clerk's Office
Agenda File, July 11, 2006
Project File, 2004-006 (E)
S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\CHAZAgenda memo CO#I 07-1 I -06.doc
CHANGE NO.
PROJECT TITLE:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1 (Contract Addition) PROJECT NO. 04-006 DATE:
NE lit Street! SE 1st Street Improvements
TO CONTRACTOR: Cbaz Equipment Company, 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.
mSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 12.48%
TOTAL PER CENT INCREASE TO DATE 12.48 %
$ 986,318.70
$ 0.00
$ 986,318.70
$ 123.100.00
$ 1,109,418.70
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.
Cbaz Equipment Company, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is proposed from account: 380-4150-572-63.29 ($123,100.00)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
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FROM :CHAZ EQUIPMENT CO., INC.
FAX NO. :5613332180
Jun. 23 2006 04:03?M..~",'___'~
~~~
3460 Falrlane Farms Road, #8
WELLINGTON, FLORIDA 33414
Phone (561) 333-2109 Fax (561) 333-2180
Old School Square - FPL Double 6" Conduit Installation
Prop08alaubmitted on June 23, 2006 to the Cily of DeII'By Beech. FL. Prices are Ills described below and per the schematic furnished
by the City of Delray Belllch to Chaz Equipment. Work to be completed ee described in the sehedule below. Conflicts encountered due
to existing utilities ahall be paid for utilizing the utility allowance.
118m. DeacrlpllOll Qty Tota'
Genel'll Conditions S 1&,000.00
On-lI!h8 OI8l""ll. P8ver R.moval IncI PI'8D8l'8llon 1 L$ , 10,000.OD $ lQ,ooo.oo
"'l'fonnlJlC8' Bond ! L$ . 2.500.00 . 2.500.00
8tlklno end U"out I RedUnt . lore 1.-, I LS $ 1.500.00 $ 1,500.00
Malmelllnc. or T,..rno t LS . 1,000.00 . 1.000.ClCJ
8" FPL Conduit S 84,260.00
D1rtetlOnll 1101'8 2 SA 8" I'PL Condull8 (till b out or ground) 1llOO LF $ 110.00 $ 90,000.00
Convtntlonll TI'8nC1l2 ~ '"flPL Condlllll (atub OUl) IiO LF $ 85.00 $ 4,250.00
Restol'8tion . 13,8&0.00
Pav... Repair I Repllctm.nt 1 LS . 1,000.00 . 1,000.00
Sod A8pllctmtnt 1 LS , 1,500.00 $ 1,500.00
l8ncltcape I'BIIlOYll/l'8p~'"'lItl/lrrlg&Uon tvp81r 1 LB $ 1,3eC,00 . 1,360.00
UtIlity AllowalMlll 1 l.S $ 5.000.00 . 5.llOO.1lO
Total: $ 123,100.00
,-~, ~c ',", ..~.... ""7. -.... ~~~~
' " . , ~! ~"
, ' , II', 'f" "'i '"t ~ "
" .' ,::'"JI !.~r, l~~:... .1 ~ ~-Io, I'
~~ ' ~ I', ~ . .
~.,,~ .i.b...... '(~. !.io.t, ~ ~,:it~
ReepeGtfully submltlllld by:
Date: Julv 11. 2006
AGENDA ITEM NUMBER: .. )?'f
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When: Julv 11. 2006
Description of Agenda Item (who, what, where, how much):
Approval of Change Order #1 to Chaz Equipment Company, Inc., on the NE/SE 1ST Street One Way Pair
project for the installation of double 6" Florida Power Light conduits regarding the Old School Square utility
relocates. Scope of work will include the following:
Maintenance of traffic, on-site clearing, brick paver & landscape removal, staking, layout, directional bore(s)
including stub outs. Total restoration of any affected areas (pavers, sod, landscape & irrigation).
The total cost for these additional items is $123,100.00
Funding is proposed from account 380-4150-572-63.29 ($123,100.00) 2004 G.O. Bond Old School Square.
Staff Recommendation:
a::;tt dAC2
t-)-bb
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
See above q)j~~ .l/6-D qft~g"&el fntlJJl6r
~
1jtt!tJf;
Funding Available:
Account Number
Description
Account Balance:
Funding Alternatives:
Yes / No Initials:
See Above
See Above
See Above
(if applicable)
City Manager Review:
Approved for Agenda, f[;J, No lnitialso tt:q
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\CHAZagenda COOl 07-II-06.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt1Jv1
I
AGENDA ITEM # ~ G,
CHANGE ORDER NO.
CONSTRUCTION, INC.
- REGULAR MEETING OF JULY 11. 2006
2 (CONTRACT ADDITION)/WEST
TO:
SUBJECT:
DATE:
JULY 7, 2006
This is before Commission to approve Change Order No.2 (Contract Addition) in the amount of
$71,350.00 for the installation of sod and a sidewalk, which were previously removed from the
original contract, to the Machek Boy Scout Park Project.
Due to budget constraints, the above improvements were deleted from the original contract award.
Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park).
Recommend approval of Change Order No.2 (Contract Addition) in the amount of $71,350.00 for
the installation of sod and a sidewalk to the Machek Boy Scout Park Project.
S:\City Clerk\agenda rnemos\CO 2 CA West Construction Machek Park 071106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
TO: David T. Harden, City Manager
www.MyDelrayBeach.com
FROM: Bob Diaz, Construction Mana
DATE: July 11, 2006
SUBJECT: Mike Machek Boy Scout Park, Project # 2004-053
Commission Agenda Item, Change Order #2
Attached is a request for the City Commission to approve Change Order #2 to West
Construction, Inc for additional improvements to the Mike Machek Boy Scout Park project
specifically the following:
Installation of 95,000.00 square feet of S1. Augustine sod and 7,000 square feet of 4" concrete
sidewalk. Due to budget constraints, the above mentioned improvements were deleted from the
original contract award.
Cost are as follows; Sod@ .32 cents sq/ft $30,400.00 and sidewalks $5.85 sqlft $40,950.00.
Grand total for the bid items $71,350.00. A spreadsheet is attached for your review.
Funding is available after budget transfers from Account 380-4150-572-63.25 ($71,350.00) 2004
G.O. Bond, Boy Scout Hut Park.
Please place this on the July 11, 2006 Commission Agenda.
Attachments
cc: Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Rafael Ballestero, Deputy Director of Construction
Carolanne Kucmerowski, City Clerk's Office
Agenda File, July 11, 2006
Project File, 2004-053(E)
S:\EngAdmin\Projects\2004\2004-053\OFFICIAL\Agenda memo C0#2 07-II-06.doc
CHANGE NO.
PROJECT TITLE:
2
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 04-053 DATE:
Mike Machek Boy Scout Park Improvements
TO CONTRACTOR: West Construction, 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.
mSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 21.91 %
TOTAL PER CENT INCREASE TO DATE 45.05%
$325,604.50
$ 75.357.00
$400,961.50
$ 71.350.00
$472,311.50
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.
West Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available after budget transfer from account: 380-4150-572-63.25 ($71,350.00)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
:<:;'\FnoAomin\Pro;pr.ts\?004\?004-0'il\OFFTC'TAT \MM C'O#? Fin r,(; 07 11 Oil one
Mike Machek Boy Scout Park Improvements
PIN 2004-053
WEST CONSTRUCTION
ITEM DESCRIPTION UNIT
NO.
1 Mobilization LS
2 Maintenance of Traffic LS
3 Clearing and Grubbing LS
4 Site Grading LS
5 Asphalt Concrete Path ( 1" ) SY
6 Concrete Sidewalk Construction SF
7 Miscellaneous Concrete SF
8 5' Ornament Fence LF
9 Vitacourse LS
10 Security Gate LS
11 Water Fountain with Drain LS
12 Bike Rack LS
13 Pressure Clean & Paint Scout Hut & Pump LS
House
14 Pavement Markings & Signage LS
15 Concrete Wheel Stops EA
16 Park Sign EA
17 Picnic Shelter EA
18 Barb-b-que Grills EA
19 Trash Receptacles EA
20 Restroom Facility LS
21 Seal Coat Parking Lot LS
22 18" Corrugated Aluminum Pipe LF
23 Site Electrical Improvements LS
24 Sewer Service For New Building LS
25 2" Potable Water Service For Irrigation LS
26 1" Potable Water Service for New Building LS
27 Mahogany EA
28 Gumbo Limbo EA.
29 Crape Myrtle EA
30 SabalPalmetto EA
31 Crinum Lilly EA
32 Cocoplum EA.
33 Plumbago Imperial Blue EA
34 Sand Cord EA
35 Dwarf Fakahatchee EA
36 Indian Hawthorn EA
MI . DOY "caUl g .." ovemems
City of Delray Beach No. 2004-053
Bid Tab
1of2
Contract Award
EST. Unit Price Extended Price
OTY.
1 $26,300.00 $26,300.00
1 $2,000.00 $2,000.00
1 $3,250.00 $3,250.00
1 $9,100.00 $9,100.00
1500 $26.00 $39,000.00
600 $5.85 $3,510.00
300 $6.00 $1,800.00
0 $39.00 $0.00
1 $10,842.00 $10,842.00
0 $5,746.00 $0.00
1 $6,000.00 $6,000.00
1 $1,000.00 $1,000.00
0 $6,000.00 $0.00
0 $693.00 $0.00
0 $34.00 $0.00
0 $7,000.00 $0.00
0 $30,000.00 $0.00
2 $380.00 $760.00
2 $960.00 $1,920.00
1 $90,000.00 $90,000.00
0 $17,180.00 $0.00
0 $75.00 $0.00
I $23,544.30 $23,544.30
1 $4,160.00 $4,160.00
1 $2,200.00 $2,200.00
1 $6,110.00 $6,110.00
7 $390.00 $2,730.00
7 $390.00 $2,730.00
3 $199.00 $597.00
24 $156.00 $3,744.00
3 $59.00 $177.00
121 $10.40 $1,258.40
196 $10.40 $2,038.40
264 $10.40 $2,745.60
212 $10.40 $2,204.80
144 $10.40 $1,497.60
Mike Machek Boy Scout Park Improvements
PIN 2004-053
WEST CONSTRUCTION
Contract Award
ITEM DESCRIPTION UNIT EST. Unit Price Extended Price
NO. QTY.
37 Sod- St. Augustine SF 0 $0.32 $0.00
38 Satin Leaf EA 16 $390.00 $6,240.00
39 Royal Poinciana EA 4 $481.00 $1,924.00
40 Live Oak EA 14 $601.00 $8,414.00
41 Firebush EA 89 $9.60 $854.40
42 Irrigation Improvements LS 1 $41,943.00 $41 ,943.00
43 Allowance Allowed 1 $15,000.00 $15,000.00
44 Indemnification LS 1 $10.00 $10.00
Sub Total $325,604.50
Change Order #1
8 5' Ornamental Fence LF 250 $50.70 $12,675.00
10 Security Gate LS 1 $7,469.00 $7,469.00
Pressure Clean & Paint Scout Hut & Pump
13 House LS 1 $6,000.00 $6,000.00
14 Pavement Markings & Signage LS 1 $693.00 $693.00
15 Concrete Wheel Stops EA 10 $34.00 $340.00
16 Park Sign EA 0 $7,000.00 $0.00
17 Picnic Shelter EA 1 $31,000.00 $31,000.00
21 Seal Coat Parking Lot LS 1 $17,180.00 $17,180.00
22 18" Corrugated Aluminum Pipe LF 0 $75.00 $0.00
40 Live Oak EA 0 $601.00 $0.00
Sub Total $75,357.00
Proposed Change Order #2
37 1 Sod- St. Augustine 95,000 I $0.32 T $30,400.00
6 I Concrete Sidewalk Construction 7000 I $5.851 $40,950.00
Sub Total $71,350.00
$472,311.50 I
Grand Total
Mike Machek Boy Scout Park Improvements
City of Delray Beach No. 2004-053
Bid Tab
2 of 2
Date: Julv 11. 2006
AGENDA ITEM NUMBER: ~~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When: Julv 11. 2006
Description of Agenda Item (who, what, where, how much):
Approval of Change Order #2 to West Construction, Inc. for additional improvements to the Mike Machek Boy
Scout Park projects specifically the following:
Installation of95,000 square feet of St. Augustine sod and 7,000 square feet of 4" concrete sidewalk. Due to
budget constraints, the above mentioned improvements were deleted from the original contract award.
Cost are as follows; Sod@ .32 cents sq/ft $30,400.00 and sidewalks $5.85 sq/ft $40,950.00. Grand total for the bid
items $71,350.00.
Funding is available after budget transfers from Accounts 380-4150-572-63.25 ($71,350.00) 2004 G.O. Bond, Boy
Scout Hut Project.
Staff Recommendation' ~val ~
Department Head Signature: ( X.
{-5- ob
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available@ No Initials:
Account Number See Above
Description See Above <
Account Balance: See Above
Funding Alternatives:
City Manager Review:
Approved for Agenda: & No Initials:
Hold Until:
zrvJ
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-053\OFFICIAL\Agenda C0#2 07-11-06.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
g\\
PERMIT
- REGULAR MEETING OF JULY 11, 2006
& HOLD HARMLESS AGREEMENT /
TO:
SUBJECT:
AGENDA ITEM #
FDOT UTILITY
CITYSCAPE
DATE:
JULY 7, 2006
This is before the Commission to authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Cityscape, located at the northwest corner of N.E.
3rd Street and N.E. 5th Avenue (southbound Federal Highway) and approve a hold harmless agreement
with the developer (Cityscape PDC, ilL).
The water lines are tying into the existing main on N.E. 5th Avenue. The water main is within the
state right-of-way. The Florida Department of Transportation requires the City to act as the utility
permit applicant. The proposed agreement provides that the developer will hold the City harmless for
the general work to be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and Cityscape PDC, ue.
S:\City Clerk\agenda memos\Hold Hannless Agmt Cityscape 071106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager
Jill Skaggs, Asst. City Engineer ~
TO:
DATE:
June 20, 2006
SUBJECT: Hold Harmless Agreement for FOOT Utility Permit
Cityscape
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Water services are proposed to be connected for Cityscape, located at
the northwest corner of NE 3rd Street and NE 5th Avenue (Southbound Federal
Highway). The proposed water lines are tying into the existing main on NE 5th Avenue.
The water main is within the State right-of-way and the Florida Department of
Transportation requires the City to act as the utility permit applicant. The attached
agreement, which will be reviewed and approved by the City of Delray Beach City
Attorney, holds the City harmless for the work performed under the permit.
Also attached is a site location map.
If the attached agreement is acceptable, please place it on the July 11, 2006 meeting
for commission approval.
Enc
Cc Brian Shutt, Assistant City Attorney
Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Carolanne Kucmerowski
TAC File
Agenda File, July 11 , 2006
S:IEngAdminlTACICityscapelhold harmless agenda memo. doc
"
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
, 2006 by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and
Cityscape PDC, LLC , (hereinafter referred to as
"DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of-
way of the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as Cityscape
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations ofthe guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
General Use Permit Application between the CITY and the State for this project and attached
hereto as Exhibit "A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
By:
Jeff Perlman, Mayor
City Attorney
3
\ The foregoing instrument was acknowledged before me this 5' day of
,1 t.-Lne _ , 200bby ~f\ (\ Ie... F. S n--,; 'f4, (name of officer or agent, title of
officer or agent) of elf YScape. ""pjJc) LL.('_ (name of corporation
acknowledging), a --8(',/ : C\O- (state or place of incorporation) corporation, on behalf
of the corporation. He/She is p~isonally known to me or has produced
(type of identificatIOn) as identification and did (did not) take
,}
WITNESSES
=-I$:~ .
......- I h q""'~ .. P crft_
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
an oath.
. ;';:'~""" Jennifer R. Cappola
/!';,~~~~:~ Com.mis~ion #00198730
:;'''':', ~:..: Expires. May 10,2007
',~"i' , . '#,- Bonded Thru
"",~;,~~", Atlantic Bonding Co., Inc.
Address: V~~ ~<).lYl; I, itA rv 7;-a, I
Dret-hllA I3t~AcJ,. ~L ,551./ Lf.J.
\
Phone: (' 'J?" '-I) i..f d d - J fl 'f :3
4
E')Gf{ I BI r "A'l
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 710-010-85
UTiliTIES
aGe - 08/04
PERMIT NO.: I SECTION NO.: STATE ROAD COUNTY Palm Beach
FOOT construction is proposed or underway. DYes I8l No Financial Project 10:
Is this work related to an approved Utility Work Schedule? DYes I8l No If yes, Document Number:
PERMITTEE: City of Oelray Beach
ADDRESS: 434 S Swinton Avenue TELEPHONE NUMBER: (561) 243 -7303
CITY/STATE/ZIP: Delray Beach, FL, 33444
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct,
operate and maintain the following: Water service connections, fireline connection, and fire hydrant
FROM: NW corner of US-1 and NE 3rd ST TO: Approximately 550 ft north of NE 3rd ST
Submitted for the PERMITTEE by: Brian Beckers, PM EnviroOesign {5-:,. a. (8'~ '1/U/Ot
Name and Title Signature { I
(Typed or Printed Legibly) Date
1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground,
are accurately shown on the plans and a letter of notification was mailed on 2/20/06 to the following utilities known to be involved or potentially impacted in
the area of the proposed installation: Adelohia.Bellsouth.Oelrav Water & Sewer.FL Public Utl.FPL.PBTraffic.MCI.Proaress,Quest.WilteI.Sorint.
2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty eight (48) hours in advance
prior to starting work and again immediately upon completion of work. The FOOT's Engineer is _' located at _, Telephone Number _' The
Permittee's employee responsible for MOT is _, Telephone Number _' (This name may be provided at the time of the forty eight (48) hour advance
notice prior to starting work).
3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer.
4. All plans and installations shall conform to the requirements of the FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made
a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
5. This Permittee shall commence actual construction in good faith within 60 days after issuance of permit, and shall be completed within 325 days after the
permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the
FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction.
6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee.
7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall
not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by
FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of
such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FOOT, be removed or relocated by such
utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination
and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility.
9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the Permittee will
coordinate with the FOOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of
the FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the Permittee's failure to comply with the approved
schedule, and shall comply with all provisions of the law and the FOOT's current UAM. The Permittee shall not be responsible for delay beyond its control.
10. In the case of non-compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be
brought into compliance or removed from the R/W at no costto the FOOT, exceptfor reimbursement rights set forth in previously executed subordination and
Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be
entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend,
and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the
exercise or attempted exercises by said Permittee of the aforesaid rights and privileges.
12. During construction, all safety regulations of the FOOT shall be observed and the Permittee must take measures, including placing and the display of safety
devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCO, as amended for
highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable
alternative, when applicable, and the FOOT's Design Standards, Indexes 600-670, and Standard SpeCifications for Road and Bridge Construction, Section
102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those
addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified to
develop TCP in accordance with the provisions of Chapter 8 of the UAM.
13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and
continuing ownership of its utilities located between NE 3rd ST and 550 ft. north of NE 3rd ST within the FOOT's R/W as set forth above. Whenever the
Permittee removes its facilities, it shall be at the Permittee's. sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of
service utilities whenever the FOOT determines said removal is in the public interest.
14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and
notify the FOOT. The FOOT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until
contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state
that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work.
15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FOOT, within its R/W, the Permittee may be required by
the FOOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities,
provide any necessary support to facilities and/or cover aerial facilities as deemed necessary.
16. Pursuant to Section 337.401 (2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the
permit. The FOOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered
into pursuant thereto.
17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the
installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense,
Page 1 of 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 710-010-85
UTILITIES
oGe - 08104
restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is
authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404.
18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act.
19. Special FOOT instructions: _
It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
20. Receipt of this permit acknowledges responsibility to comply with Section 119.01(3), Florida Statutes, and UAM Chapter 4.5.2, regarding Exempt Documents
and Security System Plans Requests.
21. By the below signature, the Permittee hereby represents that no change to the FOOT's standard Utility Permit form, as incorporated by reference into Rule
14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT (and signified to by checking the
appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FOOT Engineer. Are there
attachments reflecting change/s to the standard form? ~NO 0 YES If Yes, _ pages are attached.
APPROVED BY:
Richard Hasko, P.E.,Oirector Enviromental Services SIGNATURE
Name & Title of Authorized Permittee or Agent
T ed or Printed Le Ibl
PERMITTEE
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
CHANGE APPROVED BY: I DATE:
District Maintenance Engineer or Designee
I the undersigned Permittee do hereby CERTI FY that the utility construction approved by the above numbered permit was inspected and installed in accordance with
the approved plans made a part of this permit and in accordance with the FOOT's current UAM. All plan changes have been approved by the FOOT's Engineer and
are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun.
PERMITTEE:
SIGNATURE:
DATE:
Name & Title of Authorized Permittee or Agent
T ed or Printed Le ibl
CC: District Permit Office
Permittee
Page 2 of 2
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DATE: 06/21/2006
CITYSCALE LOCMAP
1 OF 1
Date: June 20. 2006
AGENDA ITEM NUMBER: ~\\
AGENDA REQUEST
Request to be placed on:
-1L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: Julv 11. 2006
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with Cityscape PDC, LLC for water service work performed within the state right-of-
way. Water services are proposed to be connected for Cityscape, located at the
northwest corner of NE 3rd Street and NE 5th Avenue (Southbound Federal Highway).
The proposed water lines are tying into the existing water main on NE 5th Avenue.
The water main is within the State right-of-way and the Florida Department of
Transportation requires the City to act as the utility permit applicant. The attached
agreement, which will be reviewed and approved by the City of Delray Beach City
Attorney, holds the City harmless for the work performed under the permit.
StaJIReoommendation: Approval ~
Department Head Signature: -@:4J{ .
City Attorney Review/Recommendation (if applicable):
'" - L"1.. - 010
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
N.A.
(if applicable)
City Manager Review:
Approved for Agenda: fIf;;;y No Initials:
Hold Until: U
071-
!
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Cityscape\hold harmless agenda.doc
[ITY DF DElRRY BER[H
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CITY ATTORNEY'S OFFICE
'<1<1 r,w hI !\VI\! ! ,,!)I R\ Y BEACH, FLORIDA 33444
II U l'IIi,''':1 'il, I',n "I.\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
~ DATE:
All-America City TO'
, 1111: FROM:
MEMORANDUM
July 5, 2006
City Commission
David T. Harden, City Manager
ryr))
Terrill Barton, Assistant City Attorney
1993
2001
SUBJECT: Amendment NO.1 to the Interlocal Agreement between the City and
the School Board of Palm Beach County for the Purchase and
Construction of a Soccer Complex and Joint Use of Land and
Facilities
Attached please find Amendment No. 1 to the Interlocal Agreement with the
School Board for the soccer complex. This Amendment proposes to add as a
requirement to the Interlocal Agreement that the City shall require that all
employees and contractual personnel that have access to the School Board's
facilities while students are present must undergo level 2 screening in order to
comply with the Jessica Lunsford Act and to ensure the security of all students on
the site.
Please place this item on the July 11, 2006 City Commission agenda for
consideration. I have been informed by the School Board's attorney, Blair
Littlejohn, Esq., that this Amendment will be presented to the School Board
simultaneously with the Interlocal Agreement at their July 26, 2006 special
meeting.
Please let me know if you have any questions.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
<3:1:
AMENDMENT NO.1 TO INTERLOCAL AGREEMENT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE
CITY OF DELRA Y BEACH FOR THE PURCHASE AND CONSTRUCTION
OF A SOCCER COMPLEX AND JOINT USE OF LAND AND FACILITIES
THIS AMENDMENT NO. 1 to the Interlocal Agreement is entered into by and
between the CITY OF DELRAY BEACH, FLORIDA, ("City") and THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA ("School Board") on this day
of July, 2006.
WITNESSETH
WHEREAS, the City, and School Board covenant and agree to amend and
modify the Interlocal Agreement entered into in July, 2006, in order to provide that the
City shall screen all employees and contractual personnel who are permitted to access
the School Board's Facilities when students are present.
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1. The recitations referred to above are hereby incorporated herein.
2. Article 7, "Access and Site Security" of the Interlocal Agreement of July,
2006, shall be amended as follows:
The School Board will be responsible for securing the gymnasium,
football stadium field, parking areas, and Fields on a daily basis by securing all
locks and gates on a school day while school is in session and the City will be
responsible for securing the gymnasium/football stadium field and parking areas
on evenings and weekends and the City will be responsible for securing the
Soccer Complex after each use.
All City employees and contractual personnel (vendors, individuals, or
entities) under contract with the City who are permitted access to the School
Board's Facilities when students are present, who have direct contact with
students or who have access to or control of school funds must undergo level 2
screening. Level 2 screening consists of fingerprinting and a background check,
as set forth in Section 1012.32, Florida Statutes. The City shall insure that all
City employees and contractual personnel undergo a background check and
fingerprinting if he/she is an individual who meets any of the above conditions
and to require that all employees and contractual personnel who meet any of the
above conditions submit to a background check, including fingerprinting by the
School Board's Police Department, at the sole cost of the City or the
contractual personnel. No City employee or contractual personnel shall be
permitted access to the School Board's Facilities when students are present, to
have direct contact with students or to have access to or control of school funds
until he or she receives notice of clearance by the School Board. Neither the
School Board, nor its members, officers, employees, nor agents, shall be liable
under any legal theory for any claim whatsoever for the rejection of any City
employee or contractual personnel (or discontinuation of the City employee's or
contractual personnel's services) on the basis of these compliance obligations.
The City agrees that no City employee or contractual personnel who meets the
2
above conditions and who has been convicted or who is currently under
investigation for a crime delineated in Section 435.04, Florida Statutes, will be
permitted access to the School Board's Facilities when students are present,
who have direct contact with students or who have access to or control of school
funds.
3. All other terms and conditions of the Interlocal Agreement of July, 2006
not in conflict with this Amendment shall remain in full force and effect and are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
Approved as to legal form
And sufficiency:
City Attorney
Date:
3
..
ATTEST:
By:
Arthur C. Johnson, Ph.D.
Superintendent
Board Approval Date:
Approved for Form
and Legal Sufficiency:
School Board Attorney
Date:
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
By:
4
Thomas E. Lynch, Chairman
o
~
MEMO
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Thru: Elizabeth B. Alpert, Community Development Program Administrator
Date: July 7, 2006
Re: Amendment to Local Housing Assistance Plan (LHAP)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval of an amendment to the City's State Housing Initiatives Partnership
(SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2004-2007 by adopting Resolution #49-06 pursuant
to Title 67-37 of the Florida Administrative Code.
BACKGROUND
The Community Improvement Department receives funds under the State Housing Initiatives Partnership (SHIP)
Program for the development and maintenance of affordable housing. SHIP funds are generated from a portion of
documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund. The State
requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once
they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing
Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee
to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division
staff has administered the program and under the approved Plans have assisted Delray Beach residents with
homeownership and housing rehabilitation opportunities. The current Plan (2004-2007) was adopted by Resolution
#31-04 on April 13, 2004 and amended per Resolution #66-05 on September 6,2005.
Because SHIP first-time homebuyer dollars have been allocated specifically to be utilized within the Community Land
Trust, staff is recommending the addition of a new strategy under Part II of the LHAP. With the addition of "Strategy
E - Sub-recipient Housing Partnership Program," subsidies will be eligible to be awarded (based on occupants income
eligibility) to a Community Land Trust/non-profit sub-recipient to be applied towards the principal reduction of
construction of affordable single family units within the Community Land Trust. Subsidies shall be allocated in the
form of a 0 % interest, deferred payment loan to the Community Land Trust/non-profit sub-recipient.This strategy
enhances each unit's affordability by keeping the subsidy joined to the house as opposed to the occupant. "Buying
down" the cost of each unit will reduce the sales price for the occupant and enhance the unit's affordability in
perpetuity.
RECOMMENDATION
Staff recommends approval of the amended Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006
and 2006/2007 by adoption of Resolution #49-06.
Attachment (Local Housing Assistance Plan - Amended section can be found on pages 14 & 15)
- 1 -
~::r
RESOLUTION NO. 49-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED LOCAL
HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING
INITIATNES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED
HERETO; ESTABLISHING A STRATEGY FOR THE SUB-RECIPIENT
HOUSING PARTNERSHIP PROGRAM; AUTHORIZING THE
NECESSARY CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE
HOUSING FINANCE CORPORATION; PROVIDING FOR AN
EFFECTNE DATE UPON APPROVAL.
WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski
Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the
City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and
WHEREAS, Resolution No. 31-04 adopting the City of Delray Beach's 2004-2007 LHAP was
approved by City Commission on April 13, 2004 and Resolution No. 66-05 amending the 2004-2007
LHAP was approved by City Commission on September 6,2005; and
WHEREAS, Florida Administrative Code SHIP rules require the adoption of a resolution to amend
an approved Local Housing Assistance Plan and this resolution shall amend the approved Plan in order to
provide a strategy for the Sub-Recipient Housing Partnership Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Resolution 31-04 IS hereby amended by adopting this resolution and an
amended Local Housing Assistance Plan.
Section 2. That the strategy for the Sub-Recipient Housing Partnership Program allocates 0%
interest, deferred payment loans to a Community Land Trust/non-profit sub-recipient to be applied towards
the principal reduction of construction costs of affordable single family units within the Community Land
Trust.
Section 3. That assistance will be provided to each eligible Community Land Trust property on
a one time basis to be evaluated individually in accordance with SHIP income guidelines and the Delray
Beach Community Improvement Department.
Section 4. That the City of Delray Beach shall be repaid all outstanding funds prior to
expiration of the note if the Community Land Trust sells or transfers ownership of the property in a manner
such that the property is no longer held in trust for affordable housing purposes; the Community Land Trust
dissolves or ceases to exist as a 501(c)(3) not-for-profit corporation; the unit is rented without prior
authorization from the City; the unit is refinanced without prior authorization from the City; or the
occupant fails to follow guidelines of the Community Land Trust.
Section 5. The Local Housing Assistance Plan, as amended, remains in full force and effect and
the Local Housing Assistance Plan previously adopted prior to Resolution 31-04 remains unchanged,
unless expressly modified by this resolution.
Section 6. That the City of Delray Beach is authorized to submit the amended Local Housing
Assistance Plan to the State Housing Finance Corporation for its review and approval.
Section 7. That the Mayor is authorized to execute any document and certifications required as
a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach.
Section 8.
That this resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the _ day of
, 2006.
MAYOR
ATTEST:
City Clerk
2
RES. NO. 49-06
CITY OF DELRA Y BEACH
DELRAY BEACH
F LOR I D A
*****
All-America City
, ,
@
1993
2001
SHIP LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
FISCAL YEARS COVERED
2004/2005,2005/2006 AND 2006/2007
Amendment Pending - July 11, 2006
-2-
TABLE OF CONTENTS
I. Program Description (Chapter 67-37.005 F.A.C. and Section 420.9072, F.S.)
3 - 7
II. LHAP Housing Strategies (Chapter 67-37.005(5), F.A.C.
7 -14
III. LHAP INCENTIVE STRATEGIES (Section 420.9071(16), F.S.)
14 - 18
IV.. EXHIBITS
A. Administrative Budget
B. Timeline
C. Housing Delivery Goals Charts (HDGC)
D. Certification to Florida Housing Finance Corporation
E. Resolution
F. Program Information Sheet
19
-3-
I. PROGRAM DESCRIPTION Chapter 67-37.005 FAC. and Section 420.9072, F.S.
A. Name of the participating local government and Interlocal if Applicable:
Section 420.9072(5),F.S.
City of Delray Beach
Interlocal : Yes No X
Name of participating local government(s) in the Interlocal Agreement;
N/A
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), FAC.
Creation of the Plan is for the purpose of meeting the housing needs of the very-
low, low-, and moderate-income households, to expand production of and preserve
affordable housing, to further the housing element of the City of Delray Beach's
comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan: Chapter 67-37.002,F.A.C.
X 2004/2005
X 2005/2006
X 2006/2007
D. Governance: Chapter 67-37. 005(3)and(5)(i)F.A. C. and Section 420.9071(14)F.S.
The SHIP Program is established in accordance with Section 420.907-9079,
Florida Statutes and Chapter 67-37.007 Florida Administrative Code.
The SHIP Program furthers the housing element objective of providing increased
housing opportunities for low-income persons.
E. Local Housing Partnership Section 420.9072(1)(a), F.s.
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups. The City of Delray Beach's Community
Improvement Department has formed a partnership agreement with the Delray
Beach Community Redevelopment Agency, the Community Financing Consortium,
Inc., the Delray Beach Housing Authority, the Center for Technology, Enterprise,
& Development, the Delray Beach Community Development Corporation and
local contractors. This partnership entitled "Delray Beach Renaissance Program"
was developed to implement a comprehensive home-building and community
revitalization program. Resources from each participant are leveraged to minimize
the duplication of services, streamline the approval process and to reduce the cost
of housing to very-low, low-, and moderate-income homebuyers.
-4-
F. Leveraging: Chapter 67-37.007(I)(b)(c), F.A.C. and Ssection 420.9075(l)(a) and (l)(b3, and (l)(c), F.S.
The Plan is intended to increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing partner-
ship and using public and private funds to reduce the cost of housing. SHIP
funds may be leveraged with or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or
programs. The use of SHIP funds along with CDBG funds, General Revenue
contributions awarded by the City, leverages with private sector financing and
technical support provide the basis for increasing the supply of affordable
housing for Delray Beach residents. Emphasis remains on combining neighbor-
hood improvements with the provision of homeowners hip opportunities for the
very low and low income households.
G. Public Input: Chapter 67-37.005(3), F.A.C.
Public input was solicited through face to face meetings with housing providers,
local neighborhood associations, and through meetings of the City's local housing
Partnership (De1ray Beach Renaissance Program). Also, the City conducts an annual
Community Needs Assessment Meeting whereby the public is invited to attend
and provide input on how program funds should be allocated.
H. Advertising and Outreach Chapter 67-37.005(6)(a), F.A.C.
The City advertises the notice of funding availability in a local newspaper of general
circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days
before the beginning of the application period. If no funding is available due to a
waiting list, no notice of funding availability is required. In addition to advertising
in the newspaper, the City publicizes the SHIP program on the City's web site, and
through established homeowner association newsletters, churches located in the CDBG
target area and other organized methods that may be available. SHIP staff participate
in local homebuyer fairs and workshops.
I. Discrimination: Section 420.9075(3)( c), F.S.
In accordance with the provisions ofss.760.20-760.37, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing. In
implementing its SHIP program, the City of Delray Beach is mindful of affirmatively
furthering fair housing. The City utilizes CDBG funds to further fair housing out-
reach and education activities, as called for in the Consolidated Plan. All SHIP
applicants are required to attend home buyer education seminars that include a
segment on fair housing.
-5-
J. Support Services and Counseling: Chapter 67-37. 005(5)(g),F.A. C.
Support services are available from various sources. The City works with the
members of the Delray Beach Housing Renaissance Partnership, local lenders and
Palm Beach County Consumer Credit Counseling to provide pre and post
homeownership counseling. All prospective homebuyers receive education about
credit, predatory lending, fair housing, pre-purchase home inspections, and post-
purchase education on topics such as budgeting, home maintenance, and energy
conservation.
K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the statistical
area in which the eligible housing is located. Such average area purchase price
may be that calculated for any 12-month period beginning not earlier than the
fourth calendar year prior to the year in which the award occurs. The sales price
of new and existing units, which can be lower than but may not exceed 90% of the
median area purchase price established by the U.S. Treasury Department or as
described above.
The methodology used by the City of Delray Beach is:
_ Bond Study Numbers provided by Florida Housing Finance Corporation
_ Independent Study (copy attached)
X U.S. Treasury Department
The purchase price limit for new construction and existing homes will be $280,000.
This amount is less than the $331,579 maximum for new home construction and
existing home purchases allowed by the U. S. Treasury Department (Revenue
Proclamation 2005-15) because they are based on the amount that a low income
household can actually afford with a SHIP subsidy. The purchase price limit will be
revised as needed in response to changes in the local real estate market, mortgage
interest rates, etc. Any such revisions will be subject to City Commission and State
approval.
L. Income Limits, Rent Limits and Affordability:
Chapter 67-37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S.
The Income and Rent Limits used in the SHIP Program are updated annually from
the Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it
is not the intent to limit an individual household's ability to devote more than
30% of its income for housing, and housing for which a household devotes more
than 30% of its income shall be deemed Affordable if the first institutional
mortgage lender is satisfied that the household can afford mortgage payments in
excess of the 30% benchmark and in the case of rental housing does not
-6-
exceed those rental limits adjusted for bedroom size. The City of Delray Beach has
established a maximum limit of 35% of gross monthly income on the housing
expenses of SHIP assisted buyers.
M. Wages to Work: Chapter 67-37. 005(6)(b)(7)F.A. C.
Should an eligible sponsor be used, the City has developed a qualification
system and selection criteria for applications for awards to eligible sponsors,
which includes a description that demonstrates how eligible sponsors that
employ personnel from the WAGES and Workforce Development Initiatives
programs will be given preference in the selection process. The City works
in partnership with the local Chamber of Commerce to ensure that these
requirements are met.
N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (f), F.S.
In the case of rental housing, the staff or entity that has administrative authority
for implementing the local housing assistance plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another
governmental entity provides the same monitoring and determination, a
municipality, county or local housing financing authority may rely on such
monitoring and determination of tenant eligibility. However, any loan or
grant in the original amount of$3,000 or less shall not be subject to these
annual monitoring and determination of tenant eligibility requirements. Tenant
eligibility will be monitored at least annually for 15 years or the term of
assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for
continued occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37. 005(6)(f) 3, F.A.Coo
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an
annual basis for each State fiscal year submitted. The City of Delray Beach finds
that the monies deposited in the local housing assistance trust fund shall be used to
administer and implement the local housing assistance plan. The cost of
administering the plan may not exceed 5% of the local housing distribution monies
and program income deposited into the trust fund. A county or an eligible
municipality may not exceed the 5 percent limitation on administrative costs, unless
its governing body finds, by resolution, that 5% of the local housing distribution plus
5% of program income is insufficient to adequately pay the necessary costs of
administering the local housing assistance plan. The cost of administering the
program may not exceed 10% of the local housing distribution plus 5% of program
income deposited into the trust fund, except that small counties, as defined in
s. 120.52(17), and eligible municipalities receiving a local housing distribution of up
to $350,000 may use up to 10 percent of program income for administrative costs.
-7-
The City of Delray Beach has adopted the above findings in the attached resolution,
Exhibit E. The Community Development Division of the Community
Improvement Department shall be responsible for administration of the Local
Housing Assistance Plan (LHAP). Administrative functions include program design,
applicant processing and selection, preparing necessary paperwork to issue payments
for program activities, tracking expenditures to ensure that statutory set-asides will
be met, maintaining necessary records, preparing required reports, and all other
duties pertaining to implementation of the LHAP.
II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C.
Provide Description:
A. Name of the Strategy: Purchase Assistance
a. Summary of the Strategy: This strategy assists eligible first-time home-
buyers with a 0% interest, deferred payment loan to be applied towards
down payment, rehabilitation costs (if applicable), closing costs and principal
reductions for the construction of new and/or purchase of existing single
family homes, townhouses and villas. New construction properties must be
constructed by approved contractors/developers participating in the City of
Delray Beach Housing Renaissance Partnership.
b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and
2006/2007.
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U.S. Department of Housing and Urban
Development (RUD) and adopted by the State of Florida and distributed by
the Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award is noted on the Housing Delivery Goals Charts: The
maximum award is limited to $75,000; however, the maximum
is not automatically provided on an individual basis; rather, the
amount of subsidy awarded will be the minimum amount necessary
to enable the buyer to purchase the property at a monthly payment
affordable to him or her.
e. Terms. Recapture and Default: Assistance will be provided to
eligible households in the form of a fifteen (15) year, 0% interest,
forgivable deferred loan for amounts greater than $5,000 but less
than $35,000. For amounts equal to or greater than $35,000,
assistance will be provided in the form of a thirty (30) year,
0% interest, forgivable deferred loan. Assistance under $5,000
will be awarded as a grant and will not be subject under the program's
recapture provisions. All loan awards will be secured with a second
mortgage / promissory note and will be forgiven on a pro-rated
-8-
basis specific to the duration of the note. Repayment of the full loan
award will be immediately due to the City in the event any
"qualifying event(s)" occur prior to expiration of the note. Qualifying
event(s) are considered to be:
. sale of unit or transfer of title
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization ofthe City.
Such repaid funds will be utilized in accordance with the approved Local
housing Assistance Plan in effect at the time the funds are recaptured.
Ifno "qualifying event(s)" occur prior to the expiration of the note, the
loan is totally forgiven. In the event the homeowner wishes to refinance
his or her first mortgage or take out an equity loan to make repairs or
improvements, the City has created an administrative policy pertaining
to subordination requests.
f. Recipient Selection Criteria: In addition to being income eligible as
described above, applicants must meet the following selection criteria:
. Must be first-time homebuyer(s), which is defined as one of the
following:
. someone who has not owned a home during the past three years
. a single parent who has been divorced and displaced within the 12
month period prior to time of application, and whose household
includes children under the age of 18
. a displaced victim of domestic abuse
. a person displaced as a result of a government action (other than
eviction from public housing; and those who have special needs
according to Chapter 67-37.002(13)
. Must have a bank account
. Applicant must have an accepted contract for a home and have
applied for a first mortgage with a lender
. The applicant must have attended and completed an approved home
buyer education course (i.e., at least four hours in length and
conducted in a classroom setting) approved by the Community
Development Division
g. Sponsor Selection Criteria: Eligible sponsors must meet the following
selection criteria:
. designated 501(c)(3) non-profit organization under IRS guidelines;
. legally operating within the jurisdiction of the City of Delray Beach
and/or Palm Beach County;
. has demonstrated track record and production experience in the
construction and delivery of affordable housing;
-9-
. posess a partnership agreement with the City of Delray Beach to
participate and further its goals in the delivery of affordable housing
to the City's very-low, low- and moderate-income households;
. preference will be given to sponsors that employee personnel from
WAGES and Workforce Development Initiatives programs.
h. Additional Information: New units constructed must be located in the CDBG
designated target area. Existing homes must be located within the City's
municipal boundaries. Applicants owing money to other assisted housing
programs (such as Section 8 and public housing) are ineligible for SHIP
assistance until they make restitution.
B. Name of the Strategy: Owner-Occupied Housing Rehabilitation
a. Summary of the Strategy: This strategy provides 0% interest, deferred
payment loans to assist very-low, low- and moderate-income households
(below 80% of Area Median Income adjusted for family size) to rehabilitate
existing owner-occupied single family units. Rehabilitation of units
will address interior and exterior building/electrical/plumbing problems,
health and safety issues, as well as, retrofit of items for those with
special needs, upgrade major systems, and soft costs. It is assumed that
no private lender monies will be involved in these rehabilitation
activities.
b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and
200612007.
c. Income Categories to be served: Very-low, low- and moderate-income
households as defined by the U.S. Department of Housing and Urban
Development (HUD) and adopted by the State of Florida and distributed by
the Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award is noted on the Housing Delivery Goals Charts: The
maximum award for this strategy is $35,000. However, the maximum is not
automatically provided on an individual basis; rather, the amount of subsidy
awarded will be the minimum amount necessary to make the necessary
repairs and bring the house up to the City's minimum code requirements.
e. Terms, Recapture and Default: Assistance greater than $5,000
but less than $20,000 will be provided to eligible households
in the form of a 0% interest, deferred payment loan secured by
a promissory note forgivable over ten (10) years. Loan awards
equal to or greater than $20,000 will be provided in the form of
a 0% interest, deferred payment loan secured by a promissory note
-10 -
forgivable over fifteen (15) years. Assistance under $5,000 will be
awarded as a grant and will not be subject under the program's
recapture provisions. Pro-ration of loan award will occur at a rate
specific to the duration of the note. Repayment of the full loan
award will be immediately due to the City in the event any
"qualifying event(s)" occur prior to expiration of the note. Qualifying
event(s) are considered to be:
. sale of unit or transfer oftitle (except for major healthcare
expenses or by inheritance)
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization of the City
Such repaid funds will be utilized in accordance with the approved Local
housing Assistance Plan in effect at the time the funds are recaptured.
Ifno "qualifying event(s)" occur prior to the expiration of the note, the
loan is totally forgiven. In the event the homeowner wishes to refinance
his or her first mortgage or take out an equity loan to make repairs or
improvements, the City has created an administrative policy pertaining
to subordination requests.
f. Recipient Selection Criteria: In addition to being income eligible as
described above, applicants must meet the following selection criteria:
. Applicant may not currently own or have assets exceeding
$15,000 (monetary gifts and real estate are included in the
asset calculation; retirement accounts are not)
. Must be owner/occupant
. Mortgage payments and taxes must be current / paid up to date
. Must provide proof of current homeowners insurance
. Must have a bank account
g. Sponsor Selection Criteria: N/ A. No sponsors are utilized for the
Owner-Occupied Rehabilitation program.
h. Additional Information: The home must be located in the City's
municipal boundaries; the appraised value of the home may not exceed
the maximum sales price allowed in the SHIP program for existing units;
and the homeowner must agree to maintain the home free of any code
violations after rehabilitation work is completed.
C. Name of the Strategy: Land Acquisition
a. Summary of the Strategy: This strategy will provide funds to acquire
properties for future development by non-profit, public agencies or for
profit developers. Properties will be acquired through deed and tax
-11-
sales, the foreclosure of government liens and through private purchases.
Properties will be donated and/or sold, competitively to non-profit agencies
that will use the Delray Beach Renaissance Program for the development of
the property. Properties sold competitively to for profit developers must
be utilized for the development of affordable housing. Construction,
rehabilitation, or emergency repairs must be completed either with one
year immediately proceeding the date of conveyance of title or within
24 months of the close of the applicable State fiscal year.
Ifproperty is sold to a for-profit developer, applications will be accepted
and awarded competitively using criteria including, but not limited to
The following:
. Financial strength of the agency
. Ability of developer to complete the development by the deadlines
established by the State
. Capacity of the developer
. Features of the proposed house( s)
. Marketing plan for the sale ofthe house(s)
. Whether or not the agency employs personnel from the WAGES
or Workforce Development program
. Whether the proposed housing is compatible with the neighborhood
in terms of design and size
. Affordability ofhouse(s) being built
b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and
2006/2007.
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U.S. Department of Housing and Urban
Development (HUD) and adopted by the State of Florida and distributed by
the Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award is noted on the Housing Delivery Goals Charts:
The maximum purchase price for a "buildable lot of record" as defined
in the City's Land Development Regulations will be $40,000. The
maximum purchase price for aggregate lots or large tracts of lands
shall be determined by the appraised value at time of purchase.
e. Terms, Recapture and Default: The loan for the value of the land will
be at 0% interest. The loan will be recaptured when the property is
sold.
-12 -
f. Recipient Selection Criteria: In addition to being income eligible as
described above, applicants must meet the same selection criteria
for recipient's under Strategy A: Purchase Assistance.
g. Sponsor Selection Criteria: Eligible sponsors must meet the following
selection criteria:
. designated 501(c)(3) non-profit organization under IRS guidelines;
. legally operating within the jurisdiction of the City of Delray Beach
and/or Palm Beach County;
. has demonstrated track record and production experience in the
construction and delivery of affordable housing;
. preference will be given to sponsors that employee personnel from
WAGES and Workforce Development Initiatives programs.
h. Additional Information:
D. Name of the Strategy: Disaster Relief
a. Summary of the Strategy: In the event ofa natural disaster (as declared
by local, state, or federal government), SHIP funds will be used to
leverage available federal and state funds to provide assistance to income
eligible households for the purpose of repairing eligible housing.
Generally, such needs may include: purchase of emergency supplies
for eligible households to weatherproof damaged homes, interim
repairs to avoid further damage, tree and debris removal required to
make individual housing units habitable, and post disaster assistance
with non-insured repairs.
b. Fiscal Years Covered: State fiscal years 200412005, 200512006 and
200612007.
c. Income Categories to be served: Very-low, low- and moderate-income
households as defined by the U.S. Department of Housing and Urban
Development (RUD) and adopted by the State of Florida and distributed by
the Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Housing Delivery Goals Charts: The
maximum award for this strategy is $15,000 per unit.
e. Terms. Recapture and Default: Assistance will be provided in the
form of a grant, so individual households will not be required to repay
funds used for disaster assistance. In the event that the City receives
reimbursement from federal or state sources, such repair funds will
be utilized in accordance with the approved Local Housing Assistance
Plan in effect at the time the funds are disbursed.
-13 -
f. Recipient Selection Criteria: In addition to being income eligible as
described above, applicants will be served on a first-come, first-served
basis, pending fund availability. Residence must be located within the
municipal boundaries of Delray Beach.
g. Sponsor Selection Criteria: N/ A.
Additional Information: This strategy will be implemented only in the
event of a natural disaster declaration using any SHIP funds that have
not been encumbered.
*** AMENDMENT BEGINS HERE***
E. Name of Strategy: Sub-Recipient Housing Partnership Program. This strategy shall not
be used in conjunction with any other assistance program offered by the City of Del ray
Beach.
a. Summary ofthe Strategy: This strategy allocates 0 % interest, deferred payment
loans to a Community Land Trust/non-profit sub-recipient to be applied towards
the principal reduction of construction of affordable single family units within
the Community Land Trust.
b. Fiscal Years Covered: State fiscal years 200412005, 2005/2006 and 2006/2007.
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U.S. Department of Housing and Urban
Development (RUD) and adopted by the State of Florida and distributed by the
Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award is noted on the Housing Delivery Goals Charts: The
maximum award is limited to $75,000; however, the maximum is not
automatically provided on an individual basis; rather, the amount of subsidy
awarded will be the minimum amount necessary to enable the buyer to purchase
the property at a monthly payment affordable to him or her.
e. Terms. Recapture and Default: Assistance will be provided to each eligible
Community Land Trust property on a one time basis. Subsidy awards will be
evaluated individually on a case-by-case basis in accordance with SHIP income
guidelines and will require final approval by the City's Community
Improvement Department. The subsidy will be required to be excluded from the
applicant's original purchase price in the re-sale formula and is to appear as a
construction cost buy-down to maintain the unit's affordability in perpetuity.
Assistance will be provided to an eligible sub-recipient partner in the form of a
fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than
-14 -
$5,000 but less than $35,000. For amounts equal to or greater than $35,000,
assistance will be provided in the form of a thirty (30) year, 0% interest,
forgivable deferred payment loan. All loan awards will be secured with a
promissory note and will be forgiven on a pro-rated basis specific to the duration
of the note. Repayment of the full loan award will be immediately due to the
City in the event any "qualifying event(s)" occur prior to expiration ofthe note.
Qualifying Events shall be:
1. The Community Land Trust sells or transfers ownership of the
property in a manner such that the property is no longer held in trust
for affordable housing purposes;
11. The Community Land Trust dissolves and/or ceases to exist as a
501 (c )(3) not- for-profit corporation;
111. The unit is rented without prior authorization from the City;
tv. The unit is refinanced without prior authorization from the City;
v. The occupant fails to follow guidelines of the Community Land Trust.
Such repaid funds will be utilized in accordance with the approved Local housing
Assistance Plan in effect at the time the funds are repaid. Ifno "qualifying event(s)"
occur prior to the expiration of the note, the loan shall be totally forgiven.
f. Sponsor Selection Criteria: Eligible sponsors will be selected via the City's
Request for Proposal (RFP) process and must meet the following selection
criteria:
1. Designated 501(c)(3) non-profit organization under IRS guidelines;
11. Legally operating Community Land Trust within the jurisdiction of the
City of Delray Beach;
111. Has demonstrated track record and production experience in the
construction and delivery of affordable housing;
IV. Possess a partnership agreement with the City of Delray Beach to
participate and further its goals in the delivery of affordable housing to
the City's very-low, low- and moderate-income households.
**AMENDMENT ENDS HERE**
III. LHAP INCENTIVE STRATEGIES
Section 420.9071(16), F.S.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects.
a. Established policy and procedures: Provide Description
The City has in place a "One Stop Shop" permitting process for a co-
ordinated review and approval of all developmental applications submitted
-15 -
through the Building Division. The system features a fully automated
application tracking software package that provides the opportunity to
readily identify delays in review time from various departments within
within the permit process. Applications submitted for affordable housing
projects will receive a label marking it as such and prioritized for review.
Applications received are processed by designated persons under the
approved expedited permitting process developed for this program.
B. Name of the Strategy: Ongoing Review Process
An ongoing process which provides for a review and consideration
of local policies, ordinances, regulations and plan provisions that
increase the cost of housing prior to its adoption.
a. Established policy and procedures: Provide Description
The Planning and Zoning Department reviews all proposed new City
policies or changes to the LDR's to determine effects, if any, on the
cost of housing. Ifit is determined that there is an impact, an
analysis is prepared by appropriate department staff and submitted to
City Commission for review prior to its approval.
C. Name of the Strategy: Impact Fees Requirements
An on-going process to allow for the payment of Impact fees
associated with new construction of affordable housing units.
a. Established policy and procedures: Provide Description
The City has been unsuccessful in petitioning the County to
waive impact fees associated with new construction of affordable
housing units. The County does provide an impact fee credit for
units built on a lot, which had a previous residential unit on the
site. The Community Development staff provides the research on
properties to identify these credits wherever possible. When no
credit is applicable, the City may use SHIP funds to pay the impact
fees.
D. Name ofthe Strategy: Waiver of Building Permit Fees
An ongoing process for reducing the cost of building or rehabilitating
affordable housing.
a. Established policy and procedures: Provide Description
The City has adopted a policy for the waiver of building, paving,
irrigation and plan review fees for affordable housing units. This has
generated a savings to the homeowner estimated at $1,200 in permit
fees per unit.
E. Name of the Strategy: Allowance oflncreased Density Levels
-16 -
An ongoing process to review zoning regulations for the purpose
of allowing increased density to encourage development of
affordable housing unit.
a. Established policy and procedures: Provide Description
The Housing Element of the City's Comprehensive Plan provide for
increases to density when it can be demonstrated that such increases
will lead to an affordable unit, provided that other policies of the
Comprehensive Plan are met. The Land Development Regulations
allow for increased densities in planned unit development on a case-
by-case basis. This does not apply to in-fill housing and the lack of
large vacant parcels makes this incentive limited in its effect.
F. Name of the Strategy: Reservation of Infrastructure Capacity
An ongoing process to provide for infrastructure improvements in
deteriorating neighborhoods
a. Established policy and procedures: Provide Description
Infrastructure facilities currently exist throughout the entire City. However,
where there are visible signs of deterioration, Comprehensive Plan policy
provides for prioritization in scheduling necessary improvements. As each
year's infrastructure improvement schedule is prepared, priority is given
to neighborhoods with concentrations of infrastructure deficiencies.
G. Name of the Strategy: Reduction of Parking and Set Back Requirements
An ongoing process to encourage development of affordable units by
allowing for reduced parking and set back requirements
a. Established policy and procedures: Provide Description
Current regulations require two parking spaces per dwelling unit
beyond required front yard set back in Single Family Zoning Districts.
as an incentive to affordable housing, one ofthe required parking
spaces may be located within the side set back within one foot of
the property line, provided the impervious area used for parking is
sloped to drain on the lot being developed. This incentive will provide
a cost reduction of approximately $800 per unit. The allowance of side
set back parking improves the appearance and traffic flow by reducing
haphazard street parking..
H. Name of the Strategy: Preparation ofa printed inventory of locally owned
public lands suitable for affordable housing
An ongoing process to identify land suitable for development of
affordable housing
a. Established policy and procedures: Provide Description
-17 -
The Planning Department has compiled a complete list of City owned
lands of 3 acres or more along with available single family lots. The
Community Redevelopment Agency maintains a list of vacant parcels,
which they own or have under contract suitable for in-fill residential
construction. These lists are made available to the public, private
developers and non-profit agencies.
Name of the Strategy: Reduction of Landscape Requirements
An ongoing process to encourage the development of affordable units
by allowing for a reduction ofthe City's landscape requirements
a. Established policy and procedures: Provide Description
The current requirements at Section 4.6.16(H) for Single Family Housing
is that 20% of all pervious lot area be planted in shrubs and ground
cover and the remaining 80% of the area be planted in turf. In support
of projects participating in the City's Affordable Housing Programs the
requirements of the landscape code are reduced to allow for only 10%
of the pervious single family lot area be planted in shrubs and ground
cover and that they be installed in the front and side setbacks. It is
estimated that $1,200 will be reduced from the cost of producing one unit.
-18 -
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumberance and Expenditure: Chapter 67-37.005(6)(d) and (j) F.A.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005), F.A.C.
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Chapter 67-37.005(7), F.A.C.
Signed Certification is attached as Exhibit D.
E. Adopting Resolution: Section 420.9072(2)(b)2, F.S.
Original signed, dated, witnessed or attested adopting resolution is attached as
Exhibit E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: Section 420.9072(3)(a), F.S.
If changed from the original ordinance, a copy is attached as
Exhibit G.
H. Interlocal Agreement: Section 420.9072, F.S.
A copy of the Interlocal Agreement if applicable is attached as Exhibit H.
-19 -
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Fiscal Year 2004/2005
Salaries and Benefits
Audit/Accounting Fees
Operating Expenses for SHIP
Coordinator (Le., travel & training,
phone, memberships, etc.
Advertising
$ 42,000.00
$ 1,200.00
$ 2,726.00
$ 1,000.00
$ 46,926.00
Fiscal Year 2005/2006
Salaries and Benefits
Audit/Accounting Fees
Operating Expenses for SHIP
Coordinator (Le., travel & training,
phone, memberships, etc.
Advertising
$ 42,000.00
$ 1,200.00
$ 2,726.00
$ 1,000.00
$ 46,926.00
Fiscal Year 2006/2007
Salaries and Benefits
Audit/Accountin Fees
Operating Expenses for SHIP
Coordinator (Le., travel & training,
phone, memberships, etc.
Advertising
$ 42,000.00
$ 1,200.00
$ 2,726.00
$ 1,000.00
$ 46,926.00
Administrative expenses in excess of the maximum ten
percent (10%) of SHIP allocation will be supplemented
by City general funds or other grant dollars. Budgeted
amounts based on 2003/2004 allocation of $469,262
Exhibit A
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Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government:
City of Delrav Beach
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within
24 months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available
opportunity to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
1
October 2003
Exhibit D
Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37
F AC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or _ has not
been implemented.
Chief Elected Official or designee
Witness
Jeff Perlman. Mayor
Type Name and Title
Witness
Date
OR
Attest:
(Seal)
2
October 2003
Exhibit F
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
INFORMATION SHEET
LOCAL GOVERNMENT: City of Delrav Beach
CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Jeff Perlman. Mayor
ADDRESS: 100 N.W. 1st Avenue. Delray Beach. FL 33444
SHIP ADMINISTRATOR:
F erline F. Mesidort
ADDRESS: same as above
TELEPHONE:( 561 ) 243-7236 FAX:(561) 243-7221
EMAIL ADDRESS:mesidort@ci.delray-beach.fl.us.
ADDITIONAL SHIP CONTACTS: Elizabeth B. Alpert. CD. Administrator
ADDRESS: same as above
EMAIL ADDRESS:alpertla).ci.delray-beach.fl.us.
INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement):
The following information must be furnished to the Corporation before any funds can be disbursed.
LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308
MAIL DISBURSEMENT TO: City of Delray Beach
ADDRESS: c/o C. D. Division. 100 N.W. 1st Avenue. Delrav Beach. FL 33444
OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM:
o NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.
Provide any additional updates the Corporation should be aware of In the space below:
Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000
TALLAHASSEE, FL 32301 Fax: (850) 922-7253
Agenda Item No.:
~zs
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: July 5, 2006
When: July 11, 2006
Description of item:
Approval of the Amendment to City's State Housing Initiatives Partnership (SHIP)
Program, Local Housing Assistance Plan for Fiscal Years 2004-2007.
Recommendation:
Staff recommends approval of the Amended Local Housing Assistance Plan (LHAP) for
Fiscal Years 2004-2007 by adoption of Resolution #49-06.
Department Head Signature: d/' 6~ P 1<<;';,. ~/I.e/
City Attorney ReviewlRecommendation (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~INO
Hold Until: 1;
{/
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Thru: Elizabeth B. Alpert, Community Development Program Administrator
Date: July 7, 2006
Re: 2005 Department of Community Affairs "Disaster Recovery Initiative
ITEM BEFORE THE COMMISSION
City Commission approval and authorization for staff to apply through Palm Beach County Housing and
Community Development for $3,135,500 in Disaster Relief, Long-Term Recovery, Restoration of Housing and
Infrastructure funding under the 2005 Department of Community Affairs "Disaster Recovery Initiative."
BACKGROUND
The Florida Department of Community Affairs (DCA) recently announced the availability of $82,904,000 in
Community Development Block Grant (CDBG) Disaster Relief funding made available to the State by the U.S.
Department of Housing and Urban Development (HUD). Palm Beach County, as a political subdivision of the
State of Florida, is eligible to receive up to $19,035,920 of this funding; with all municipalities within the county
being eligible to apply. The requirements of the grant state that the funds can be used only for disaster relief,
long-term recovery, restoration of housing and infrastructure. In addition, Congress has directed that the funds
go to "the most impacted and distressed areas" and provide overall benefit to at least 50% Low /Moderate
Income (LMI) persons. All activities must meet one of the national objectives set forth in the Housing and
Community Development Act (addressing slum and blight, urgent need, primarily benefiting LMI persons). It is
also important to note that activities that are reimbursable by FEMA or available through the Small Business
Administration (SBA) may not be undertaken with these funds.
Under this initiative, City of Delray Beach Community Improvement has prepared four (4) activity applications
pertaining to these funds. Activities for which the City wishes to apply for are as follows:
I) Request for $990,000 in funding to demolish 200 units within Carver Estates as well as the administrative
buildings/ offices of the Delray Beach Housing Authority.
2) Request for $990,500 in funding for a Rehabilitation/Hardening Program which will provide up to $28,000 of
assistance to up to 35 single family units within the CDBG designated Target Area for hurricane related
restoration and structural "hardening." This program also requests funds to reinforce the structure of the
recently renovated Neighborhood Resource Center (NRC).
3) Request for $294,000 in funding for the extension of Mango Drive and SW ih Avenue in order to
accommodate future construction of new affordable units on lots designated to the Community Land Trust.
4) Request $900,000 in funding to acquire real property located at 82 NW 5th Avenue for the purpose of
constructing office space for the Delray Beach Housing Authority.
RECOMMENDATION
Staff is recommending approval for the City of Delray Beach to apply through Palm Beach County Housing and
Community Development for funding under the 2005 Department of Community Affairs Disaster Recovery
Initiative in the amount of $3, 135,500. By doing so, the City is certifying that no other funding is available,
and that the activities presented were not underway prior to the Presidential disaster declaration.
ATT ACHMENT
Four (4) Activity Applications to Palm Beach County Housing and Community Development
of(
tI?(
~K
,
PALM BEACH COUNTY
2005 DISASTER RECOVERY INITIATIVE APPLICATION
Addressing Hurricanes Katrina and Wilma
REQUIRED ACTIVITY INFORMATION
Instructions: Complete one application for each activity, and if proposing more than one activity, please
prioritize. Attach additional sheets if necessary, and attach all requested documents.
1. Applicant: City of Delray Beach
2. Address of Applicant: 100 NW rt Avenue, Delray Beach, FL 33444
3. Contact Person: Elizabeth Alpert, Community Development Program Administrator
4. Contact Person phone number and email address:561-243-7282/alpert@ci.delray-beach.fl.us
5. Provide a detailed description of the activity (include purpose; specific work to be funded; and
unit of measurement, i.e., number/type of housing units, square/linear footage of utilities, etc.)
This request relates to demolition of 200 severely damaged public housing units known as
Carver Estates plus the administrative buildings and offices of the Delray Beach Housing
Authority. One hundred ninety-six (196) units were occupied at the time of Hurricane
Wilma and the families subsequently relocated in accordance with the Uniform Relocation
Act (URA). The City of Delray Beach is in full support of the housing authorities efforts to
redevelop the site to accommodate a new mixed income community.
6. Does the activity help to restore disaster-impacted affordable housing? (X/N)
7. Describe exact location of activity, and attach map:
770 SW Ith Terrace is located approximately 8 blocks south of Atlantic Avenue within the
Southwest section of the CDBG target area.
8. For Capital Improvement/Public Facilities Projects: N/A
a. Describe the activity service area, and provide a map:
b. Provide Census TractIBlock Group information for the activity service area, including
total population, low/mod population, and percentage low/mod population:
c. If the activity will serve all residents of an area, provide the total number of
households in the service area:
d. If the activity will serve a specific limited client population, provide the total number of
persons that will be served by the activity, and the number of low/mod persons that will
be served by the activity:
e. Year structure(s) built:
Page 1 of2
9. For Housing Related Projects: N/A
a. Provide the total number of households to be assisted:
b. Provide the number and percentage oflow/mod households to be assisted:
c. Will the activity cause the relocation of persons or businesses? If so, provide details.
d. Year structure( s) built
10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and
provide the cost standard(s) forming the basis for the budgeted amounts:
The estimated cost for demolition is $900,000, based upon the lowest bid of formal bids
received in March 2006 plus a 10% increase due to current market conditions (for example
increased gas costs).
11. Justify the need for DR! funding for the activity:
The Delray Beach Housing Authority's only public housing facility was severely damaged
by Hurricane Wilma on October 24, 2005. On October 27, 2005, the City of Delray Beach
declared the units uninhabitable due to extreme structural damage caused by the hurricane.
Funding was requested of FEMA December 2005 to demolish and reconstruct the units but
the same was denied January 17, 2006 because of a Memorandum of Agreement between
HUD and FEMA that requires Coordination between the two agencies for Disaster
Assistance to Public Housing. Funding was subsequently (February 2, 2006) requested of
HUD's Office of Public Housing's Capital Fund Program for the purpose of demolishing
the units. The DBHA recently received notification that this application was also denied.
The reason for this denial was based on the fact that prior to Hurricane Wilma, the DBHA
applied for approval from HUD to demolish the units and had indicated in its application
that funding would be available through the City of Delray Beach Community
Redevelopment Agency. While this is indeed a fact, DBHA had indicated in its September
2005 application that the demolition would not occur until the 196 families could be
relocated, estimated to be between 18 months to 2 years (2007). Hurricane Wilma created
an emergency situation that required the families to vacate the units immediately.
Consequently, the units now stand vacant with issues of safety, community health and
unsightliness blight upon the neighborhood.
12. Explain how this activity relates to Hurricane Wilma:
See above answer to number 11.
13. Provide an Implementation Schedule By Tasks (maximum 2-year contract period):
Because the units are vacant, demolition can occur within 60 days of grant approval,
allowing time to re-bid the project.
Page 2 of2
14. Provide letter from the City Manager, Executive Director, etc. certifying that no other funding is
available, and that the activity was not underway prior to the Presidential disaster declaration,
unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by
FEMA or fundable through the SBA or other sources cannot be undertaken with DR! funds.)
Completed applications and all required information are due to PBC Department of
Housing and Community Development, Planning Section, 3323 Belvedere Road, WPB, FL
33406, not later than 5:00pm. Julv 14. 2006. Applications must be submitted in hard copy
and may not be transmitted electronically (neither e-mail nor fax). Applications received
after the deadline will not be considered.
0:\2005_ 06\DisasterRecoveryInitiative\LocaIApplications _ andEvaluation\Application.doc
Page 3 of2
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COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
PlANNING OEPARNENT
CITY OF OELRAY BEACH. F'L
-- OICITAL BASE MAP SYSTEM --
r.w> REF': UlO5O
PALM BEACH COUNTY
2005 DISASTER RECOVERY INITIATIVE APPLICATION
Addressing Hurricanes Katrina and Wilma
REQUIRED ACTIVITY INFORMATION
Instructions: Complete one application for each activity, and if proposing more than one activity, please
prioritize. Attach additional sheets if necessary, and attach all requested documents.
1. Applicant: City of Delray Beach
2. Address of Applicant: 100 NW 1st Avenue, Delray Beach, FL 33444
3. Contact Person: Elizabeth Alpert, Community Development Program Administrator
4. Contact Person phone number and email address:561-243-7282/alpert@ci.delray-beach.fl.us
5. Provide a detailed description of the activity (include purpose; specific work to be funded; and
unit of measurement, i.e., number/type of housing units, square/linear footage of utilities, etc.)
The purpose of the RehabIHurricane Hardening Program is to rehabilitate and mitigate
hurricane-related damages to up to thirty five (35) existing owner-occupied single family units
and one (1) public facility located within the CDBG Target Area. All program participants
must be determined income-eligible in order to receive up to $28,000 in assistance.
Rehab/Hurricane Hardening Program applicants will be provided 0% interest, deferred
payment loans and will be available to assist very-low, low- and moderate-income households
(below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-
occupied single family units who incurred damages due to Hurricane Wilma and/or Katrina.
The primary goal of this program is to enable income-eligible households to maintain a safe,
habitable and suitable living environment. Rehabilitation of units will address existing interior
and exterior building issues, roof damage, window replacement, shuttering, as well as health
and safety issues due to damages caused by Hurricane Wilma and/or Katrina. The program
will include retrofitting and hardening of units to withstand future disasters and storms. This
may include strapping, roof replacement or repair, installation of shutters, protection and
reinforcement of doors and garage doors.
This activity will also address retrofitting and hardening of the newly refurbished
Neighborhood Resource Center (NRC), a public facility located within the CDBG Target Area.
The structure which currently houses the NRC was built in 1967 and underwent refurbishment
(roof replacement and interior improvements) in 2006. The building, which once served as a
Delray Beach Police Sub-Station, underwent major damages due to Hurricane Wilma. Funding
was subsequently requested from FEMA and the roof was replaced. This activity proposes to
prevent further damage through the installation of shutters or impact resistant glass windows
as well as the protection and reinforcement of doors. Services provided by the Delray Beach
NRC are eligible to families/households throughout the City including the designated CDBG
Target Area.
Page 1 of5
6. Does the activity help to restore disaster-impacted affordable housing? (Y/N)
7. Describe exact location of activity, and attach map:
The project will target 35 existing owner occupied single family units throughout the CDBG
Target Area (see map - Attachment A). It will also address the hardening of one (1) public
facility, the City of Delray Beach Neighborhood Resource Center, located at 141 SW lib
Avenue (see map - Attachment A).
8. For Capital Improvement/Public Facilities Projects:
a. Describe the activity service area, and provide a map:
The public facility being addressed through this program is located within the Community
Development Block Grant Target area, the area within the City with the highest
concentration of poverty, blighted conditions and greatest need for economic improvements
(see map - Attachment A)
b. Provide Census Tract/Block Group information for the activity service area, including
total population, low/mod population, and percentage low/mod population:
This project addresses the hardening of one (1) public facility whose location is within
Census Tract 68.01 having a total population of 6,149 people. This population is identified
by the 2000 Census as 74% African American, 15% White and 11% of other races. The
City's entire African American population totals 15,981 people; therefore 38% of the
African American community lives within this Census Tract and Block Group. Seventy-
seven percent (77%) of the people living within the area are oflow and moderate income.
c. If the activity will serve all residents of an area, provide the total number of
households in the service area:
Services provided by the Delray Beach NRC are eligible to families/households throughout
the City including the designated CDBG Target Area.
d. If the activity will serve a specific limited client population, provide the total number of
persons that will be served by the activity, and the number of low/mod persons that will
be served by the activity:
N/A
e. Year structure(s) built:
The structure which houses the Neighborhood Resource Center, located at 141 SW lib
Avenue, was built in 1967.
Page 2 of5
9. For Housing Related Projects:
a. Provide the total number of households to be assisted:
Up to thirty-five (35) existing owner-occupied single family units will be addressed
through this program.
b. Provide the number and percentage of low/mod households to be assisted:
One hundred percent (100%) of households served by this program will be of low/mod
income.
c. Will the activity cause the relocation of persons or businesses? If so, provide details.
N/A
c. Year structure( s) built:
Up to thirty-five (35) existing owner-occupied single family units will be addressed
through this program; however this information is unavailable for those units at this
time.
10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and
provide the cost standard(s) forming the basis for the budgeted amounts:
The following is a list of possible activities which would be available under the proposed
program to income-eligible applicants. Exact figures will be based on the individual need of
the applicant household and assessed upon inspection. Cost standards are based on figures
provided in the 2006 41st Annual Edition "HomeTech Remodeling and Renovation Cost
Estimator Manual" for the State of Florida as well as on average costs of repairs completed
during FY2006 through the City of Delray Beach Housing Rehabilitation Program and
local standard practices.
Hurricane Shutters - Aluminum / A verae:e Estimated Cost: $3.150
Description of Activity: Install aluminum Hurricane Shutters on all window openings.
Shutters shall have aluminum channels permanently affixed to the building. Channels are
to be painted, matching the exterior finish. On each different sized window completely
install shutters for inspection. Then remove and store all shutters to a location indicated by
the owner. Miscellaneous parts to be stored in a sealed container for owner.
Hurricane Shutters - Aluminum Accordion / Averae:e Estimated Cost: $4.050.00
Description of Activity: Install accordion style Hurricane Shutters on all window openings.
Tracks are to be painted, matching exterior finish. On each different sized window
completely install shutters for inspection.
Install 3-plv Built UP Roof / A verae:e Estimated Cost: $2.458.50
Description of Activity: Remove existing flat deck roof covering and replacing any rotted
sheathing or rafters. Install new eave, drip edge and flashing. Apply new 2 ply built up
roof. Use 30 lb. base sheet. Then apply GAF Ruberoid Mop granular surfaced membrane.
Install roof per manufacture specifications.
Page 3 of5
Install New Windows / A verae:e Estimated Cost: $4.050.00
Description of Activity: Install new correspondingly size single hung window in place of all
existing windows unless otherwise specified. All bedroom windows to have one (1) egress
sized window. Bathroom windows shall have obscured tempered glass. All interior and
exterior wall repairs to be included. Caulk as necessary.
Tear Off Existine: Roof and Install New / A verae:e Estimated Cost: $8.170.89
Remove existing roofing and pile neatly and haul away immediately. Replace any damaged
or rotten roof sheathing and rafter. Replace all flashing at chimney and install 15# felt
paper, aluminum drip edge, new valley metal, vent boots. Apply new 250 lb. composition
25-year fiberglass shingles.
Fibere:lass Insulation- R-19 Batt / Averae:e Estimated Cost: $1.372.80
Insulation shall be installed with vapor barrio facing conditioned area; insulation shall
completely fill area between joists or studs and shall be secures with appropriate
mechanical fasteners. Material shall meet ASTM C665-86 or as subsequently amended.
Install New Drvwalll Averae:e Estimated Cost: $8.692.32
Remove all damage drywall on ceilings and walls to frame. Treat all exposed interior wall
studs for mold. Provide and install W' gypsum board. Tape all joints and use outside
corner bead on all corners. Finish with three coat process.
Paint House Complete / Averae:e Estimated Cost: 2.871.00
Pressure-clean all exterior walls. Scrape all peeling and loose paint free from wood trim.
Fill in all holes and voids. Prime walls with one (1) coat of Sherwin-Williams acrylic
masonry paint or equal. Wood work prime wood with one (1) coat of Sherwin-Williams
acrylic bonding primer or equal. Finish with two (2) coats of Sherwin-Williams acrylic
exterior paint or equal. Inspections are required between applications. Owner to select
color.
Prepare Walls and Paint Room Complete/ Averae:e Estimated Cost: $1.601.30
Prepare and patch walls, ceiling, windows, doors, and all trim for painting. Paint (and
prime if required) entire room to a uniform consistency with a minimum of two coats of
quality paint in accordance with manufacturer's recommendations. Completed walls to be
smooth and free of defects. Remove any wallpaper and patch all holes, nicks, etc. Drywall
veneer over existing wall if required for smooth finish.
Total Estimated Cost for Averae:e Rehab/Hardening Program Applicant: $28,000
The following is an activity budget for the "hardening" of the Neighborhood Resource
Center. Cost standards are based on figures provided in the 2006 41st Annual Edition
"HomeTech Remodeling and Renovation Cost Estimator Manual" for the State of Florida
as well as on average costs of repairs completed during FY2006 through the City of Delray
Beach Housing Rehabilitation Program and local standard practices.
Hurricane Shutters on Doors / A verae:e Estimated Cost: $3.250
Description of Activity: Install aluminum Hurricane Shutters on all door openings.
Shutters shall have aluminum channels permanently affixed to the building. Channels are
to be painted, matching the exterior finish. On each different sized window completely
install shutters for inspection. Then remove and store all shutters to a location indicated by
the owner. Miscellaneous parts to be stored in a sealed container for owner.
Page 4 of5
Install Impact Resistant Glass Windows / Avera2e Estimated Cost: $7.250
Description of Activity: Install new correspondingly size single hung impact resistant glass
window in place of all existing windows unless otherwise specified. All interior and exterior
wall repairs to be included. Caulk as necessary.
Total Estimated Cost for hardening of Neighborhood Resource Center facility: $10,500
Total Funds Requested for Rehabilitation/Hardening Program: $990,500
11. Justify the need for DR! funding for the activity:
Dozens of homes within the CDBG Target area currently remain in sub-standard
conditions due to Hurricanes Wilma and Katrina. Many homeowners filed claims with
FEMA and were denied funding. This program will enable income-eligible households to
maintain a safe, habitable and suitable living environment that would be otherwise
unavailable to them.
12. Explain how this activity relates to Hurricane Wilma:
The activity will rehabilitate up to thirty-five (35) existing owner-occupied single family
units who incurred damages due to Hurricane Wilma. The building which currently houses
the Neighborhood Resource Center underwent major damages due to Hurricane Wilma
including total roof collapse and mold infestation.
13. Provide an Implementation Schedule By Tasks (maximum 2-year contract period):
Rehab/Hurricane Hardening Program activities can start immediately upon grant
approval. Application-Intake and Income-Certification will occur on a rolling basis. All
funds will be expended within a 12-24 month period. Hardening of the Neighborhood
Resource Center will be completed within 6 months of grant approval.
14. Provide letter from the City Manager, Executive Director, etc. certifying that no other funding is
available, and that the activity was not underway prior to the Presidential disaster declaration,
unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by
FEMA or fundable through the SBA or other sources cannot be undertaken with DR! funds.)
Completed applications and all required information are due to PBC Department of
Housing and Community Development, Planning Section, 3323 Belvedere Road, WPB, FL
33406, not later than 5:00pm. Julv 14. 2006. Applications must be submitted in hard copy
and may not be transmitted electronically (neither e-mail nor fax). Applications received
after the deadline will not be considered.
G:\2005 _ 06\DisasterRecovery Initiative\LocalApplications _ andEvaluation \Application. doc
Page 5 of5
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COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
PLANNING DEPARTIoIENT
CITY OF DELRAY BEACH. Fl.
-- OICITAl. BASE MAP SYSTCII --
MAP REr: LM050
PALM BEACH COUNTY
2005 DISASTER RECOVERY INITIATIVE APPLICATION
Addressing Hurricanes Katrina and Wilma
REQUIRED ACTIVITY INFORMATION
Instructions: Complete one application for each activity, and if proposing more than one activity, please
prioritize. Attach additional sheets if necessary, and attach all requested documents.
1. Applicant: City of Delray Beach
2. Address of Applicant: 100 NW 1st Avenue, Delray Beach, FL 33444
3. Contact Person: Elizabeth Alpert, Community Development Program Administrator
4. Contact Person phone number and email address:561-243-7282/alpert@ci.delray-beach.fl.us
5. Provide a detailed description of the activity (include purpose; specific work to be funded; and
unit of measurement, i.e., number/type of housing units, square/linear footage of utilities, etc.)
Hurricane Wilma destroyed more than 200 of Delray Beach's affordable housing units. As
a result, the City deeded over several lots on Mango Drive and SW 7th Avenue to the
Community Land Trust (CL T). The CL T agreed in turn to provide affordable owner-
occupied and rental units to Low /Moderate Income (LMI) households on these lots.
This project proposes to extend the paving of Mango Drive and SW 7th Avenue. By doing
so, this will provide access to lots abutting each street on which the developable lots exist.
Activities include surveying existing rights-of-way, designing streets with associated
drainage and sanitary sewer extension (on Mango Drive only). A construction contract will
be let to construct both streets. This project proposes to yield a total of seven (7) single-
family units.
6. Does the activity help to restore disaster-impacted affordable housing? Yes/No
7. Describe exact location of activity, and attach map:
SW 7th Ave from SW 4th Street to north approximately 400 lineal feet to tie proposed
street into to existing paved SW 7th A venue. Mango Drive from end of pavement south
approximately 600 lineal feet then east approximately 150 lineal feet to tie into existing
pavement on Reigle Avenue. Map included as "Attachment C."
8. For Capital Improvement/Public Facilities Projects:
a. Describe the activity service area, and provide a map:
The service area for both streets includes providing paved street access to undeveloped
lots. These improvements will provide a means of ingress/egress to property. Map
included as "Attachment C."
b. Provide Census TractIBlock Group information for the activity service area, including
total population, low/mod population, and percentage low/mod population:
Page 1 of3
The project at Mango Drive is located within Census Tracts 68.01 having a total population
of 6,149 people. This population is identified by the 2000 Census as 74% African American,
15% White and 11 % of other races. The City's entire African American population totals
15,981 people; therefore 38% of the African American community lives within this Census
Tract and Block Group. Seventy-seven percent (77%) of the people living within the area
are of low and moderate income.
The project at SW 7th Avenue is located within Census Tracts 68.02 having a total
population of 3,437 people. This population is identified by the 2000 Census as 73%
African American, 10% White and 17% of other races. The City's entire African American
population totals 15,981 people; therefore 22% of the African American community lives
within this Census Tract and Block Group. Sixty-Five percent (65%) of the people living
within the area are of low and moderate income.
c. If the activity will serve all residents of an area, provide the total number of
households in the service area:
Census Tracts 68.02 includes a total population of 3,437 people, 65% of which are
considered low Imoderate income.
d. If the activity will serve a specific limited client population, provide the total number of
persons that will be served by the activity, and the number of low/mod persons that will
be served by the activity:
N/A
e. Year structure(s) built:
N/A
9. For Housing Related Projects: N/A
a. Provide the total number of households to be assisted:
This project will result in the construction of seven (7) affordable single-family
units.
b. Provide the number and percentage of low/mod households to be assisted:
Seven households will be assisted, one hundred percent (100%) of which will be of
low/moderate income.
c. Will the activity cause the relocation of persons or businesses? If so, provide details.
No
d. Year structure( s) built
Proposed units are new construction.
Page 2 of3
10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and
provide the cost standard(s) forming the basis for the budgeted amounts:
See attached Budget Sheets.
11. Justify the need for DR! funding for the activity:
Disaster Recovery Initiative funding is needed for this project in order to aid in the
replacement of affordable housing units destroyed during Hurricane Wilma. Due to the loss
of more than 200 affordable housing units, the City is deeding developable lots over to the
Community Land Trust (CL T), who will in turn provide affordable owner-occupied and
rental units to LMI households. Streets proposed to be paved through this project will
provide access to lots abutting each street on which the developable lots exist.
12. Explain how this activity relates to Hurricane Wilma:
This project will assist in the replacement of affordable housing units destroyed during
Hurricane Wilma. The City of Delray Beach Housing Authority lost 196 units, as well as 10
owner-occupied units, 6 of which were mobile homes. This resulted in more that 200
displaced residents who either had insufficient wind storm insurance policies or were of
very low income.
13. Provide an Implementation Schedule By Tasks (maximum 2-year contract period):
Proposed implementation schedule is as follows:
Survey and design 4 months
Construction Bid and Award 3 months
Construction 6 months
14. Provide letter from the City Manager, Executive Director, etc. certifying that no other funding is
available, and that the activity was not underway prior to the Presidential disaster declaration,
unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by
FEMA or fundable through the SBA or other sources cannot be undertaken with DR! funds.)
Completed applications and all required information are due to PBC Department of
Housing and Community Development, Planning Section, 3323 Belvedere Road, WPB, FL
33406, not later than 5:00pm. Julv 14. 2006. Applications must be submitted in hard copy
and may not be transmitted electronically (neither e-mail nor fax). Applications received
after the deadline will not be considered.
G:\2005 _ 06\DisasterRecoverylnitiative\LocaIApplications _ andEvaluation\Application.doc
Page 3 of3
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COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
PLANNINC OEPARNENT
CITY Of OELRA Y IlEACH. r~
-- DIGITAL BASe MAP SYSTEM --
loW' REr: UI050
PALM BEACH COUNTY
2005 DISASTER RECOVERY INITIATIVE APPLICATION
Addressing Hurricanes Katrina and Wilma
REQUIRED ACTIVITY INFORMATION
Instructions: Complete one application for each activity, and if proposing more than one activity, please
prioritize. Attach additional sheets if necessary, and attach all requested documents.
1. Applicant: City of Delray Beach
2. Address of Applicant: 100 NW 1st Avenue, Delray Beach, FL 33444
3. Contact Person: Elizabeth Alpert, Community Development Program Administrator
4. Contact Person phone number and email address:561-243-7282/alpert@ci.delray-beach.t1.us
5. Provide a detailed description of the activity (include purpose; specific work to be funded; and
unit of measurement, i.e., number/type of housing units, square/linear footage of utilities, etc.)
The request relates to the acquisition of real property for the purpose of constructing office
space for the Delray Beach Housing Authority. This project is a public facilities project
(Section 105(a)(2)) that provides opportunity for the DBHA to continue serving its very low
income Section 8 families from a location that is convenient and accessible to them.
Additionally, the site to be acquired has been determined a nuisance for the community due
to its high incidence of drug activity and overall blight. The property is a 100 ft. by 135 ft
parcel totaling .31 acres containing an abandoned 16-unit apartment building that will
require demolition.
6. Does the activity help to restore disaster-impacted affordable housing? (X/N)
7. Describe exact location of activity, and attach map:
The site is located within the West Atlantic Business District approximately 300 feet north
of West Atlantic Avenue addressed as 82 NW 5th Avenue.
8. For Capital Improvement/Public Facilities Projects:
a. Describe the activity service area, and provide a map:
The facility is located within the City's Community Development Block Grant Target
area, the area within the City with the highest concentration of poverty, blighted
conditions and greatest need for economic improvements.
Page 1 of2
b. Provide Census TractIBlock Group information for the activity service area, including
total population, low/mod population, and percentage low/mod population:
The project's location is within Census Tracts 65.02, 67, 68.01 and 68.02 having a total
population of 14,479 people. This population is identified by the 2000 Census as 70%
African American, 16% White and 14% of other races. The City's entire African
American population totals 15,981 people, therefore 63% of the African American
community live within these four Census Tracts. Seventy-seven percent (77%) of the
people living within this area are of low and moderate income.
c. If the activity will serve all residents of an area, provide the total number of
households in the service area:
N/A
d. If the activity will serve a specific limited client population, provide the total number of
persons that will be served by the activity, and the number of low/mod persons that will
be served by the activity:
The services provided by the Delray Beach Housing Authority will be for eligible
families/households of the entire City plus 10 miles beyond its municipal boundaries.
100% of families served by DBHA are below 80% of median income. DBHA currently
serves 1105 families who are at or below 50% of the median income level. Admissions
to DBHA programs require families to be currently listed on its waiting list which
currently (as of June 30, 2006) total 621 households. DBHA policy requires that this list
remain closed to new applications until such time that 80% of the families waiting are
housed. This has historically meant that applications are only accepted once every four
years, a testament to the lack of adequate resources to serve the City's low income
rental housing market.
e. Year structure(s) built:
N/A
9. For Housing Related Projects: N/A
a. Provide the total number of households to be assisted:
b. Provide the number and percentage of low/mod households to be assisted:
c. Will the activity cause the relocation of persons or businesses? If so, provide details.
d. Year structure(s) built
Page 2 of2
10. Provide a detailed line-item activity budget (including Engineering Costs, if applicable), and
provide the cost standard(s) forming the basis for the budgeted amounts:
Acquisition - $700,000
Demolition of existing buildings - $200,000
11. Justify the need for DR! funding for the activity:
As a small Public Housing Authority, the DBHA receives an annual Capital Fund
contribution of approximately $300,000. This amount plus a current operating budget of
$700,000 (Section 8 Administrative Fees) is inadequate to address the need to relocate and
replace its administrative office space.
12. Explain how this activity relates to Hurricane Wilma:
The Delray Beach Housing Authority administrative offices are currently located on the site
of the vacated public housing complex which was destroyed by Hurricane Wilma. The
DBHA is in the process of temporarily relocating its operations to leased space within a
local shopping center. Since the public housing units are slated for demolition due to their
substandard and deteriorated conditions, and because the administrative offices also
received damages that are creating issues of mold and mildew, it is unsafe for the
administrative staff to continue to occupy the space.
13. Provide an Implementation Schedule By Tasks (maximum 2-year contract period):
Acquisition of the site - December 2006; Demolition - March 2007
14. Provide letter from the City Manager, Executive Director, etc. certifying that no other funding is
available, and that the activity was not underway prior to the Presidential disaster declaration,
unless the disaster directly impacted the activity. (Elements of activities that are reimbursable by
FEMA or fundable through the SBA or other sources cannot be undertaken with DR! funds.)
Completed applications and all required information are due to PBC Department of
Housing and Community Development, Planning Section, 3323 Belvedere Road, WPB, FL
33406, not later than 5:00pm. Julv 14. 2006. Applications must be submitted in hard copy
and may not be transmitted electronically (neither e-mail nor fax). Applications received
after the deadline will not be considered.
G:\2005 _ 06\DisasterRecovery Initiative\LocalApplications _andEvaluation\Application.doc
Page 3 of2
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COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
PlANNING DEPARTMENT
CITY OF DELRAY BEACH. Fl.
-- DICITAL 8ASC MAP SYSTCIJ --
_ REr: L.N050
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: July 6, 2006
When: July 11, 2006
Description of item:
Approval and authorization for staff to apply through Palm Beach County Housing and
Community Development for Disaster Relief, Long-Term Recovery, Restoration of
Housing Infrastructure.
Recommendation:
Staff recommends approval authorization for staff to apply for funding under the
Department of Community Affairs "Disaster Recovery Initiative."
Department Head Signature:
/2/ PeL-1" A L'u;:r ~uztir
i/ /
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YESINO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
~MO rPi\
Agenda Coordinator Review:
Received:
Placed on Agenda:
D~
or
MEMORANDUM
DATE:
David T. Harden, City Manager (";)J)
Douglas E. Smith, Assistant City Manage~
June 7, 2006
TO:
FROM:
AGENDA ITEM CITY COMMISSION MEETING - Julv 11. 2006
Agreement and Service Authorization 1.0
Digby Bridges, Marsh and Associates
Professional Design Services for Police Department Generator Upgrade
ACTION
The City Commission is requested to consider approval of an Agreement and Service
Authorization 1.0 for Digby Bridges, Marsh & Associates to provide professional design services
for upgrading the Police Department's emergency generator.
SUBJECT:
BACKGROUND
Replacement of the Police Department's 300 KW emergency generator is an item in the Capital
Improvement Program (currently listed as Fiscal Year 07-08). The current 300 KW generator
powers only a portion of the building (including the 911 system). Having adequate coverage of
the building is important because much of the building is in use during a hurricane response.
An Agreement and Service Authorization are attached for professional services by Digby
Bridges, Marsh and Associates, the firm that designed the Police Department building. Under
the service authorization, they will provide design services for expanding the existing generator
room at the Police Department to accommodate a 600 KW generator at a maximum upset price
of $16,500. The proposal attached to the Service Authorization will be updated to include the
preparation of a preliminary estimate of construction costs (and to remove the SPRAB review
item) without changing the price. The 600 KW generator will provide sufficient capacity for the
Police Department Building and for the possible future addition of a second story in the rear of
the building.
RECOMMENDATION
Staff recommends approval of the Agreement and Service Authorization 1.0 in the amount of
$16,500 for Digby Bridges, Marsh and Associates to provide professional design services for
expansion of the Police Department's emergency generator room. Funding is available from
001-2115-521-62.10.
~L
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND VENDOR
THIS AGREEMENT made this
day of
, 2006, by and
between the CITY OF DELRA Y BEACH (hereinafter called CITY) and Digby Bridges,
Marsh & Associates, P.A. (hereinafter called VENDOR).
WITNESSETH:
The CITY and the VENDOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned VENDOR hereby represents that he has carefully
examined all documents attached hereto, and will perform all requirements, pursuant to
all covenants and conditions, as provided by this Agreement and any attachments.
2. The VENDOR, as evidenced by the execution of this Agreement,
acknowledges that it has examined all specifications and requirements of this
agreement. The VENDOR further acknowledges that the agreement price includes all
costs and expenses required for the satisfactory completion of all requirements
provided by this Agreement.
3. The Agreement between the CITY and the VENDOR include the following
documents which are attached hereto and incorporated herein by reference of the
following:
AGREEMENT DOCUMENT (S)
Standard Form of Agreement
Corporate Acknowledgment
Certificate
Service Authorization (Schedule of Pricing)
PAGE NUMBERS
1-4
5
6
7
1
4. The term of this Agreement shall commence on the date written above
and the work provided herein shall be completed by September 1 , 2006.
5. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
City of Delray Beach, FL
100 NW 1 st Avenue
Delray Beach, FL 33444
ATTN: Randal L. Krejcarek, P.E.
As to VENDOR:
Digby Bridges, Marsh & Associates, P.A.
18 Via Mizner
Palm Beach, FL 33480
ATTN: M. Mark Marsh, Vice-President
7. The VENDOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this Agreement and, specifically, the VENDOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the VENDOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto in respect to all convenants,
conditions and obligations contained in the Agreement.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any person or persons by or in consequence of any
negligence (excluding the sole negligence of the CITY), recklessness or intentional
2
wrongful misconduct of the VENDOR and any persons employed or utilized by the
VENDOR in the performance of this Agreement. VENDOR agrees that negligent,
reckless or intentional wrongful misconduct includes, but is not limited to, use of any
improper materials or liabilities, damages, losses or costs caused by or on account of
the use of any improper materials. VENDOR agrees that negligent, reckless or
intentional wrongful misconduct also includes but is not limited to the violation of any
Federal, State, County or City laws, by-laws, ordinances or regulations by the
VENDOR, its agents, servants or employees. VENDOR further agrees to defend,
indemnify and save harmless the CITY from all such claims and fees, and from any and
all suits and actions of every name and description that may be brought against the
CITY on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the CITY for the
infringement of any and all patents or patent rights claimed by any person, firm, or
corporation.
The indemnification provided above shall obligate the VENDOR to defend at its
own expense or to provide for such defense, at the CITY'S option, for any and all
claims or liability and all suits and actions of every name and description that may be
brought against the CITY which may result from the operations and activities under this
Agreement performed by the VENDOR, its agents or employees. This indemnification
includes all costs and fees including attorney's fees and costs at trial and appellate
levels.
The CITY will pay to the VENDOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
3
provided herein. Furthermore, the VENDOR acknowledges that the agreement price
includes said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both
the VENDOR and the CITY.
11. This Agreement and the documents attached hereto and listed above
constitute the entire agreement between the CITY and the VENDOR and may only be
altered, amended or repealed by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
David T. Harden
City Manager
Approved as to form:
City Attorney
WITNESSES:
VENDOR:
By:
(please type or print name)
M. Mark Marsh. Vice President
(please type or print name)
(please type or print name)
4
CORPORATE ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this
day of
,2006, by M. Mark Marsh. Vice President (name of officer
or agent, title of officer or agent), of
(state or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her
(type of identification) as
identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
5
CERTIFICATE
(If Corporation)
STATE OF FLORIDA
)
) SS
)
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
held on
resolution was duly passed and adopted:
, 20_, the following
"RESOLVED", that I as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated ,20_, between the City of Delray
Beach, Florida and this corporation, and that his execution thereof, attested by
the Secretary of the Corporation and with corporate seal affixed, shall be the
official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF I I have hereunto set my hand and affixed the official
seal of the corporation this
day of
,20_.
(Secretary)
(Seal)
6
CONSULTING SERVICES AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. : 1.0 FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE: 001-2115-521-62.10
TITLE: PROFESSIONAL DESIGN SERVICES FOR EXPANSION OF POLICE DEPARTMENT
GENERATOR ROOM FOR NEW GENERATOR
This Service Authorization shall be incorporated in and shall become an integral part of
the contract.
I.PROJECT DESCRIPTION:
Digby Bridges, Marsh & Associates will provide professional services for an expansion of the
existing Police Department Generator Room at the City of Delray Beach Police Department
Headquarters located at 300 West Atlantic Avenue to accommodate a new 600 KW
generator in place of the current 300 KW generator.
II. SCOPE OF SERVICES:
The scope of services is described in the attached proposal. It includes preparation of
construction documents; site plan; architectural construction plans and specifications;
structural plans and details; mechanical, electrical, and plumbing plans; and construction
observation. The proposal will be updated to include preparation of a preliminary estimate of
construction costs.
III. BUDGET
The budget is based upon the services as described in the Proposal attached hereto.
Task
1. Construction Plans, Specifications,
Construction Observation
Reimbursable Ex enses are Additional
Maximum U set Price
$16,500.00
$16,500.00
7
DIGBY BRIDGES,
MARsH & AsSOCIATES, P.A.
CHARTERED ARCHITECTS' PLANNERS' INTERIOR DESIGNERS
29 June 2006
PROPOSAL FOR PROFESSIONAL DESIGN
PROJECT DESCRIPTION
We are pleased to submit this proposal to provide Professional Services for a EXPANSION OF
EXISTING GENERATING ROOM (+/- 320 sq. ft) to accommodate new 600 KW generator at
the EXISTING POLICE DEPARTMENT HEADQUARTERS, DELRAY BEACH
Consultant Services:
Architect
Structural Engineer
Mechanical, Electrical & Plumbing Engineer
SERVICES:
Preparation of Construction Documents
Site Plan (based on other Consultants base plan)
Architectural Construction Plans and Specifications
Structural Plans & Details
Mechanical, Electrical and Plumbing Plans
Construction Observation
SPRAB review if necessary
All the above services to be carried out for a maximum upset price of $16,500 (Sixteen
Thousand five hundred dollars).
Mode of payment shall be on a monthly basis and shall be billed in accordance with the hourly
rates set below.
Compensation for additional services not included in this Contract shall be at the following rates:
Principal
Design
Sr. Draftsman
Jr. Draftsman
Administrative
$165.00 per hour
$110.00 per hour
$75.00 per hour
$65.00 per hour
$45.00 per hour
124 N.E. Fifth Avenue, Delray Beach, Florida 33483
561/278-1388 Palm Beach: 736-5866 Fax: 561/278-7841
DCB #ARIIII1I8i38 "'M #AR000911111 DBMA #AACIIII08116
, '.
~ ~
Reimbursables not exceed $500.00 (Five Hundred Donars)
EXCLUSIONS
Survey
Civil Engineering
Soil tests
Department of Environmental Protection (DEP) applications
Local government review (above normal review processes)
Final application for building permit or permit fees
Furniture/ Interior Design
Compensation for additional Consultant services required by the Client shall be charged at
Consultant's Cost. Such services shall include, but not be limited to, the following: professional
renderings, surveys, civil engineering, landscape architecture.
REIMBURSABLE EXPENSES
Any out of pocket expenses incurred, including, but not limited to the following: long distance
phone calls/ fax, long distance travel, prints/ reproductions, postage/ delivery, permits, surveys,
soil tests, and any form of testing will be billed to the Client at cost + 10%. Any major expenses
to have the Clients approval prior to being incurred.
AFTER ACCEPTANCE OF THIS PROPOSAL, THIS DOCUMENT BECOMES A LEGAL
CONTRACT BETWEEN DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. AND THE
CLIENT.
Douglas E. Smith, Assistant City Manager,
ft(1LlfI, .
Date
Date
AGENDA ITEM NUMBER: 2L
AGENDA REQUEST
Date: 7/7/06
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When:
July 11, 2006
Description of agenda item:
Consider an Agreement and Service Authorization 1.0 in the amount of $16,500 for Digby Bridges,
Marsh and Associates to provide professional design services for expansion of the Police
Department's emergency generator room. Funding is available from 001-2115-521-62.10.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommends approval of the Agreement and Service Authorization
1.0 to Di b Brid es, Marsh and Associates in the amount of $16,500.
S-151o ;t' C-
~
Department Head Signature:
Determination of Consistency with Com
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Q If::t,'
No
Funding alternatives (if applicable):
Account Number:
OD/ - Z'IS~((...2--ID
~2-L{ "( oLr 117 s
9 Z~ ~28b!3
Account Description:
Account Balance:
City Manager Review:
~
No
Approved for Agenda:
&I
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
FROM:
CI1Y MANAGER
SUBJECT:
AGENDA ITEM # - REGULAR MEETING OF ULY 11 2 06
AWARD OF BIDS AND CONTRACTS
DATE:
JULY 7, 2006
lbis is before the City Commission to approve the award of the following bids:
1. Approve a purchase order to Ron Bell, Inc. in the total amount of $59,640.00 for the re-roofing of the
Delray Beach Police Department Shooting Range and Evidence Storage Building ($39,840.00) and Lift
Station #100 ($19,800.00) which were damaged by Hurricane Wilma. Funding is available from 551-
1575-591-45.50 (Business Insurance Fund/Property Claims).
2. Contract award to Rosso Paving & Drainage, Inc. in the amount of $390,972.20 for the construction of
a pavilion, tot lot playground surface, hardscape items, landscaping, irrigation, and parking for the Eagle
Park Project. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks).
3. Contract award to Shenandoah Construction in the amount of $26,605.00 for the cleaning/televising of
the existing drainage pipes for the Sea Sage/Melaleuca/01eander Stormwater Project. Funding is
available from 448-5461-538-65.35 (Stormwater Utility Fund/Sea Sage/Melaleuca/Oleander Fund).
4. Bid award to V.P.H. Builders, Inc. in the amount of $23,500.00 for the demolition, removal, and
replacement of the Atlantic Avenue and A-1-A beach crossover walkway and observation deck.
Funding is available from 001-4131-572-63.40 (General Fund/Recreation Improvements).
5. Lease agreement with Ikon Office Solutions in the total amount of $28,467.00 over a three (3) year term
via the Miami-Dade Contract #114DD11 for the lease of an Ikon-Cannon Image Runner 7095 Copier
for the City Clerk's Office. Funding is available from 001-1411-512-44.30 (General Fund/Equipment
Rental Leases).
6. Bid award to multiple vendors for the purchase of road construction materials for the City via Co-op
Bid at an estimated annual cost of $300,848.00. Funding is available from various departments
operating expense budgets and capital project accounts.
7. Contract award to Sentry Industries, Inc. for a two (2) year period at an estimated annual cost of
$250,000.00 for the first year for the purchase and delivery of Sodium Hypochlorite. Funding is
available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals).
8. Bid award to U.S. Biosystems, Inc. at an estimated annual cost of $22,450.00 for supplemental
laboratory analysis for the Water Treatment Plant Lab. Funding is available from 441-5124-536-34.90
(Water/Sewer Fund/Other Contractual Services).
9. Contract award to P.B. Deco Concrete in the amount of $18,250.00 for the cleaning and repair of the
textured concrete at the Delray Swim and Tennis Facility. Funding is available from 001-4215-575-
46.90 (General Fund/Other Repair/Maintenance Costs).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 071106
I
HURRICANE WILMA
MEMORANDUM
TO:
Jackie Rooney, Purchasing Manager.
Robin Cox, Insurance ~~ ~nior ~
Frank Babin, Risk Manatf'''''
June 23, 2006
FROM:
THROUGH:
DATE:
SUBJECT
Hurricane Damaged Roof at Delray Beach Shooting Range & Evidence Storage
Hurricane Wilma damaged the roof at the Delray Beach Shooting Range and Evidence Storage.
Ron Bell will repair the roofs in the amount of$39,840.00.
A purchase order is required before the work can begin. Please initiate a requisition in the
amount of $39,840.00 to this vendor. The account code to be used is 551-1575-591-45.50. No
departmental deductible is required as this is storm damage.
The vendor requires a 40% deposit. An original invoice for $15,936.00 should be sent to Risk
Management and I will forward to Accounts Payable. By copy of this memorandum to Clayton
Gilbert, I will ask that he provide me with the deposit invoice.
Thank you for your assistance.
Attachment
Cc: Joseph M. Safford, Finance Director
Clayton Gilbert, Building Maintenance Superintendent
Accounts Payable
Steven Boyer, Vice President, GBS
Gene Montfort, Senior Claims Adjuster, GBS
wilma. doc
~tJ\,'L
R(Q)n lBelll~ Xnco
737-7507
3151 S.W. 14th Place Suite Jt1
Boynton Beach, Florida 33426
FAX It (561) 731-0211
State Roofing Contractors Lie. It CCC037003
RECEIvEd
Contract Documents
-- Re-Roof -
Mr. Clayton Gilbert
City of Delray Beach
434 Swinton Ave
Delray Beach, Florida 33444
MAY 3 1 2006
ACCOUNTS PAYAblE
May 24, 2006
Description of Building:
Delray Beach Shooting Range & Evidence Storage
Delray Beach, Florida
Scope of Work:
Work confined to all sloped roof areas on above described building.
Price not to include flat deck.
Description of Work:
· Remove sloped cement tile roof roofing system completely from wood deck to allow for a clean
application of the new roofing system.
· Renail deck to comply with new Florida Building Code.
(See decayed wood contingency on page two (2) of this contract.)
· Install a ASTM 30 lb. organic dry-in felt to wood deck on sloped roof using tin tags and 1.25" roofing
nails in full accordance with state and local building department requirements.
· Supply and install new 16 ounce copper drip edge flashing at perimeter of sloped roofs.
· Install 16 ounce copper break metal flashing in sloped roof valleys
· Supply and install new lead plumbing stack flashings and copper roof vents to replace existing.
· Install a granular surfaced, polyester reinforced modified bitumen over 30 lb. dry-in sheet on sloped
roof, using American made "Trumbull" steep grade, type IV hot asphalt, applied to roof deck at a
temperature of approximately 4750 F. and back nailed approximately 12 inches ac.
· Supply and install Standarded color thru, smooth surfaced Spanish S tile cement roof tile on all sloped
roof areas. Miter cut tile in valleys and install cap tile on hip and ridge. All tile adhered to roof using
PolyF oam adhesive. Install eve starter at perimeter of all slope eves. All bottom course of tile to be
nailed into wood deck.
· Install hip nail board's for all hip and ridge line to fasten all cap tile.
· Use use mortar for point up around projections and in hip, ridge and valleys.
· Clean up and haul away all debris.
· Price includes all insurance, permits, licenses and fees.
All materials and process have appropriate product approval by local city and county authorities and all work
complies to the latest edition of the Florida Building Code for a replacement roof.
page 2
Contract Price:
We propose to furnish all materials and labor in accordance with above specified work for the total sum
of:
$39.840.!ill
Guarantee:
All workmanship and materials guaranteed against roof leaks for a period of five (5) years from the date
of completion. Excluded from this guarantee are leaks caused by anyone or more of the following items:
A) Hurricanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or unnatural
phenomena, as well as fire or explosion.
B) Damage caused by other tradesmen such as maintenance men, air conditioning men, painters, etc.
C) Structural failures and wall settlement, cracking or failure of roof deck.
D) Defects, leaks, or damage caused by negligent act of the owner, his employees, tenants or any
other acts beyond our control.
Terms of Payment:
%
,19%
__JQ%
20%
Terms
_ ,_()fc~Ilg_actprt<:e_4~e':lE()!l~~g1))J1g<:~!lt:t'(l<:!;
_ _ 9Lc~ll!ract_p:t'ic~ 411~ tlJ~QIl J:lot_IIl()p__~oIIl~I~tel____
of contract rice u on com letion of work
$39 840
. nu ,$1?!~~~
,_ _$1~! 93~
$7,968
Contingency:
* Decayed plywood decking, if any, will be replaced at DQ additional cost, up to a maximum of 100 square
feet. Any other wood replacement charges added to contract price will be calculated at $2. 75/sq. ft. for
5/8" CDX plywood and $4.00/lin. ft. for board lumber.
Ron Bell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures, solar
units, NC equipment, electrical or any priming or painting. In no event shall Ron Bell, Inc. be liable for
any special, incidental or consequential damages to the building or its contents resulting from, or in
connection with, any failure or leak.
Ron Bell, Inc. is fully certified and complies with all the requirements of the State of Florida Construction
Industry Licensing Board. Upon receipt of signed contract and written request by you, we will issue an
insurance certificate for your review and files.
If it becomes necessary for either party to institute an action at law or inequity to enforce any obligation
hereunder, then the prevailing party shall be entitled to recover attorney's fees and court costs.
Unpaid accounts will be subject to a late charge of 1.5% per month. Unpaid refers to accounts that do not
follow the terms in this contract.
Owner agrees to allow convenient access to building for men and equipment.
page 3
This agreement contains a complete statement of all arrangements, between the parties, superseding all previous
agreements whether expressed, written, or implied. Do not sign this contract unless all areas are
covered.
This proposal is subject to review of not accepted within thirty (30) days.
Acceptance of Contract:
The preceding prices, specifications and conditions are satisfactory and are hereby accepted. Ron Ben,
Inc. is authorized to do the work as specified. Payments due as specified. Please sign below, initial
both previous pages and return one full copy to our office. Your municipality may also require your
signature on a building permit application and a notice to owner affidavit. Please inquire with our office.
Acceptance: (Owner or Agent)
&.
Acceptance: (Ron Bell, lnc.)
By:
For:
Title:
Date:
Kindly indicate your acceptance of this contract by signing above. Please initial first two pages and return one
completed copy to this office. (You may be required to sign a NTO and permit application.)
7~~
,,?~11~
HURRICANE WILMA
MEMORANDUM
TO:
Jackie Rooney, Purchasing Manage'. /l C~.
emor J~
FROM:
THROUGH:
DATE:
June 23, 2006
SUBJECT
Hurricane Damaged Roof at Lift Station # 1 00, Environmental Services
Hurricane Wilma damaged the roof at lift station # I 00. Ron Bell will repair the roof in the
amount of$19,800.00.
A purchase order is required before the work can begin. Please initiate a requisition in the
amount of $19,800.00 to this vendor. The account code to be used is 551-1575-591-45.50. No
departmental deductible is required as this is storm damage.
The vendor requires a 40% deposit. An original invoice for $7,920.00 should be sent to Risk
Management and I will forward to Accounts Payable. By copy of this memorandum to Clayton
Gilbert, I will ask that he provide me with the deposit invoice. '} /
Thank you for your assistance.
Attachment
Cc: Joseph M. Safford, Finance Director
Clayton Gilbert, Building Maintenance Superintendent
Accounts Payable
Steven Boyer, Vice President, GBS
Gene Montfort, Senior Claims Adjuster, GBS
wilma. doc
IIDD. lIeD, IDe.
737-7507
3151 SW 14th Place Suite #1
Boynton Beach, Florida 33426
FAX It (561) 731-0211
State Roofing Contractors lie. It CCC037003
Mr. Clayton Gilbert
City of Delray Beach
434 Swinton Ave
Delray Beach, Florida 33444
'\
I \\
\"
)
RECEivEd
1....,...
.,
Contract Documents
-- Re -Roof-
JUN 0 1 2006
ACCOUNTS PAYAblE
May 24, 2006
Description of Building:
Delray Beach Lift Station 100
280 NE 4th Ave
Delray Beach, Florida
Scope of Work:
Work confined to all sloped roof mansard areas on above described buildings.
I,
....1(,/1(.,
'~i
? "I
v "'.
/j!,')
~ vV6
Description of Work:
· Remove existing sloped cement tile mansard roof areas completely from the wood deck to allow for a
smooth application of the new roofing system.
* (See decayed wood contingency on page two (2) of this contract.)
· Install a ASTM 30 lb. organic felt paper on sloped roof mansard using roofing nails through tin caps in
full accordance with state and local building department requirements.
· Install a white or brown, enamel coated coated, 26 gauge galvanized 2"x 2" drip edge flashing at perimeter
of slope roof.
· Install a PolyGlass polyester tile underiayment, self adhered to the ASTM 30lb roofing felts.
· Supply and install Standarded color thru, smooth surfaced Spanish S tile cement roof tile on all sloped
roof areas . Miter cut tile in valleys and install cap tile on hip and ridge. All tile adhered to roof using
PolyFoam adhesive. Install eve starter at perimeter of all slope eves. All bottom course of tile to be
nailed into wood deck.
· Install hip nail board's for all hip and ridge line to fasten all cap tile.
· Use use mortar for point up around projections and in hip, ridge and valleys.
· Clean up and haul away all debris.
· Price includes all insurance, permits, licenses and fees.
.
All materials and process have appropriate product approval by local city and county authorities and all work
complies to the latest edition of the International Building Code for a replacement roof
Contract Price:
We propose to furnish all materials and labor in accordance with above specified work for the sum of:
.$19,800.00
page 2
Guarantee:
All workmanship and materials guaranteed for a period of five (5) years on sloped shingle mansard roof.
Ron Bell Inc. guarantees the sloped mansard roof. Excluded from the warrantees include but are not
limited to the following:
A) Hurricanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or unnatural
phenomena, as well as fire or explosion.
B) Damage caused by other tradesmen such as maintenance men, air conditioning men, painters, etc.
C) Structural failures and wall settlement, cracking or failure of roof deck.
D) Defects, leaks, or damage caused by negligent act of the owner, his employees, tenants or any
other acts beyond our control.
Contingency:
Decayed plywood decking, if any, will be replaced at no additional cost, up to a maximum of 100 square
feet. Any other wood replacement charges added to contract price will be calculated by multiplying
$2.75 per square foot for plywood and $3.75 per linear foot for other lumber.
Terms of Payment:
%
- _.~Q% ,
__ .__~g~_ _m~.
20%
Terms 19800
()(c_o'!t~<lc:.t p!,!c~~~~_~po_~_s~gJ:!i:r:lg~()_~_t~~~!;_ ,_J'7t_?~9
,__Slt~()t:l!!<l.c:tp!i~e_~l.le_~.e()'!_~l'Y~~ _~!-l_ci__~~_t_,!l!____ __ ______L _______ ~?.L?~() J
of contract rice due u on com letion of work. $3,960
Ron Bell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures, solar
units, NC equipment, duct work, electrical or any priming or painting.
In no event shall Ron Bell, Inc. be liable for any special, incidental or consequential damages to the building or
its contents resulting from, or in connection with, any failure or leak.
Ron Bell, Inc. is fully certified and complies with all the requirements of the State of Florida Construction
Industry Licensing Board.
Upon receipt of signed contract and written request by you, we will issue an insurance certificate for your
review and files.
If it becomes necessary for either party to institute an action at law or inequity to enforce any obligation
hereunder, then the prevailing party shall be entitled to recover attorney's fees and court costs.
Unpaid accounts will be subject to a late charge of 1.5% per month. Unpaid refers to accounts that do not
follow the terms in this contract.
Owner agrees to allow convenient access to building for men and equipment.
page 3
This agreement contains a complete statement of all arrangements, between the parties, superseding all previous
agreements whether expressed, written, or implied. Do not sign this contract unless all areas are covered.
This proposal is subject to review of not accepted within thirty (30) days.
Acceptance of Contract:
The preceding prices, specifications and conditions are satisfactory and are hereby accepted. Ron Bell,
Inc. is authorized to do the work as specified. Payment will be made as previously outlined.
Acceptance: (Owner or Agent) &. Acceptance: (Ron Ben Inc.)
By:
Date:
Kindly indicate your acceptance of this contract by signing above. Please initial all pages and return one signed
copy to this office.
Respectfully,
?~lItJtpe
/
Date: {,'" 214
AGENDA ITEM NUMBER:
gN\~
AGENDA REQUEST
Request to be placed on:
~ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 7/11/06
Description of agenda item (who, what, whe~~~
Hurricane Wilma damaged roof at the Q~lYa) Shooting Range and
Evidence Storage ($39,840.00) and ~uf d~u.~ at Lift Station 11100
($19,800.00).
Department Head Signature:
~.~J(2
City Attorney Review/Recommendation (if applicable):
fo~U--6P
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q-o Initials: t:.J;:1t
Account Number
551-1575-591-45.50
Description Property Claims
Account Balance:
;b7~ BtoZ.ZB
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for AgendG No lnitiili, /fX 1
Hold Until:
Agenda Coordinator Review:
Received:
~~~c~~'
Jt1/1, , . L-Co~ /~~ tLv$
11 ' ") ~' (
_ ~Q& Cc '" Y tJcj-,
~~ f~~~~
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R A
N
D
u
M
www.mydelraybeach.com
TO:
David Harden, City Manager
FROM:
RAFAEL BALLESTERO, Deputy Director of Construction
{IC
SUBJECT: EAGLE PARK (pIN 2004-050)
Commission Agenda Item, Contract Award
DATE: JULY 11,2006
Attached is an Agenda Request for City Commission to approve award of contract to Rosso
Paving and Drainage, Inc. for the construction of Eagle Park. The project includes construction a
pavilion, hardscape items (benches, picnic tables, bike rack, trash receptacles, etc.) tot lot
playground surface, landscape, irrigation and median opening and parallel parking along existing
Coral Trace Boulevard.
On Wednesday, June 21, 2006, the City opened bids for this project with the lowest at
$390,972.20 from Rosso Paving and Drainage, Inc. A copy of the bid tabulation is attached for
your review.
Staff recommends award of contract to Rosso Paving and Drainage, Inc. in the amount of
$390,972.20, for the construction of the Eagle Park project, PIN 2004-050. Funding is available
from 380-4150-572-63.23, 2004 G.O Bond Neighborhood Parks.
CC: Richard Hasko, Director of ESD
Randal Krejcarek, City Engineer
Bob Diaz, Construction Manager
Carolanne Kucmerowski, City Clerk's Office
Agenda File, 07/11/06
File 2004-050(A)
S:\EngAdrnin\Projects\2004\2004-050\OFFICIAL\agda memo Rosso 07.11.06.doc
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Date: Julv 11. 2006
AGENDA ITEM NUMBER: ~\f\ ~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When: Julv 11. 2006
Description of Agenda Item (who, what, where, how much):
Approval of award of contract to Rosso Paving and Drainage, Inc. for the construction of Eagle Park.
The project includes construction a pavilion, hardscape items (benches, picnic tables, bike rack, trash receptacles,
etc.) tot lot playground surface, landscape, irrigation and median opening and parallel parking along existing
Coral Trace Boulevard.
Funding is available from Account 380-4150-572-63.23 $390,972.20 2004 G.O. Bond, Neighborhood Parks.
Staff Recommendat;on: ~ ~
Department Head Signature: _ _
& - ~u -6!-
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~o Initials: Lbt
Account Number ~: Above i'J ~
Description See Above C
Account Balance: See Above
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: &/ No Initials:
Hold Until:
[111
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-050\OFFICIAL\agenda request Rosso 07-II-06.doc
.."",r-"
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
FROM:
David T. Harden tj J I
Randal L. Krejcarek, P.E. fJ~
03 July 2006
TO:
DATE:
SUBJECT:
Sea Sage DrlMelaleuca Rd/Oleander Ln Infrastructure Improvements
Clean and TV Existing Drainage Lines
Commission Agenda Item
Project # 2005-053
The attached agenda item is for Commission authorization/approval for Mayor to execute
proposal with Shenandoah Construction for the cleaning and televising of the existing drainage
system on Sea Sage Drive, Melaleuca Road and Oleander Lane. This project is currently in the
design phase and it would be beneficial to know the existing condition of the drainage system
prior to bidding this project. The existing drainage system pipe diameter is larger than what can
be handled by City equipment therefore the attached proposal was solicited. The costs are
taken from an existing contract with Northern Palm Beach County Improvement District
(NPCID).
The City recently was awarded a grant from Department of Environmental Protection (DEP)
grant application in the amount of $278,000.00.
The attached proposal is for $26,605.00. Funding is available as follows:
Account #
448-5461-538-65.35
Total
Balance
532,900.00
Amount
26,605.00
26,605.00
The attached map shows the project location.
Please place this item on the 11 July 2006 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
file
S:\EngAdminIProjects\2005\2005-053\OFFICIAL \2006-07-11 agenda memo. doc
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06/13/2006 08:11
)U~PAGE 01/02
9549759718
SHENANDOAH
[s HEN A ~~s~!;t! 1
1888 N.W . 22NP Street
Pompano :Beach, FL 33069
(954) "5-0098 Fax: (954) 975..9718
Revised 6/13: Piggyback NPCJ.D contract
DATE:
SUBMITTED TO:
STREET:
CITY, stAl'B & ZIP:
PHONE:
FAX:
JOB LOCATION:
A'l'TENTION:
PROpOSAL #7698
06/13/06
City OfDe~ Beach
434 South Swinton Avenue
Deb.'ay ;Beach, FL 33444
(561) 243-7309
(561) 243-7314
Bucida Stonn Drainage
SCOtt
We propose to funrisb. a Vacon cleaning truck and tclespection ttuCk with crew and l'hnle
Man Dive Crew to build 36 inch mud plug with 12 incb. l"eliefpipe and all n~ equipment to
clean, tele'lise stonn drainage $ystem. mentioned above. This work will be perfonned Irt oW' current
North Palm. Beach Improvement Di!ltrim Contract No. 1250, hourly and unit prices:
Total estimated cost:
Cost
$ 9.00 $
$ 8.00 $
$ 7.00 $
$ 6.00 $
$ 2.50 S
$ 2.00 $
$ 2.00 $
$ 2.00 $
$ 160.00 $
$ 50.00 Ii
$ 5.00 $
S
Total
2 430.00
920.00
3,150.00
5,400.00
675.00
730.00
900.00
1 800.00
3 00.00'
5,000.00
400.00
26,60S.oo
Note: Our guarantee is that we will remove auy loose debris from above stnlc1;uI'es and/or pipes.
(Excluding hazardous material) Although we cannot be responsible fur problems occurring during or
after cleaning is completed due to the fact that we did not design or install the systeln5.
This proposal may be withdrawn ifnot accepted within 30 days. payment temls nct. 30 days.
AU ttlatcrial is gaanurteed to be as specified. All work to be completed in a workmJullike manner
according to standard practices. Price above is only 811 estimate of foreseen conditions. Unforeseen
conditions can affect the lUn()unt of time to complete the work, therefore increasing or decreasing
estimate. All agreements are contingent upon strikes, llC4:idents or delays beyond our cootrOl. Owner
is to cart}' fire, t.oroado and other necessary in5Ul'lll1ce. Our w~ ate fully covered by Worlanan's
Compensation Insurance. ~\. "--~\' -{)1 . <a f l31 0<0
SIGNATl1RE: SHENANDO~CONSTRU'6~ l1'rLB DATE
Dwight Davis Projec::t Estimator 06/13/06
ACCEPTANCE OF PROPOSAL / SIGN" RE'l'URN
The above prices, specifieations and conditions are satisfactory and are hereby accepted.
You are ~orized to do tbe wotk as specified.
SIGNATURE~
DATE:
TITLE:
COMPANY NAME:
REPRESENTATl'VB:
Date:
03 Julv 2006
AGENDA ITEM NUMBER: ~ 3
AGENDA REQUEST
Request to be placed on:
-1L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 11 Julv 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission authorization/approval for Mayor to
execute proposal with Shenandoah Construction for the cleaning and televising of the existing
drainage system on Sea Sage Drive, Melaleuca Road and Oleander Lane.
Fund is available as follows:
Account #
448-5461-538-65.35
Total
The attached map shows the project location.
Staff Recommendation: AD~
Department Head Signature: - - -, - - -:
Balance SA Amount
532,900.00 26,605.00
$26,605.00
~
1-~-o.h
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
---.
Funding A vailable@ No lnitials:tM YES
Account Number See above L/Lf8-91~ ( --s 38 &. r- 3\
Description
Sea Saee/MelaleucalOleander
Account Balance: See above
$5'3290D
)
Funding Alternatives:
(if applicable)
City Manager Review: -
Approved for Agenda: @/ No Initials:
Hold Until:
If1
I
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2005\2005-053\OFFICIAL \2006-07 -11 agenda. doc
[ITY DF DElRAY BEA[H
DELRAY BEACH
100 N,W. 1 st AVENUE DELRAY BEACH, FLORIDA 33444
561/243-7000
~
All-America City
, III I!
MEMORANDUM
1993
2001
TO:
Doug Smith
Assistant City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: walk-through and Landing at Atlantic Avenue and AlA
DATE:
July 3, 2006
Attached please find a request to replace the walk-through and
handicapped landing on the beach at Atlantic Avenue and AlA. The walk-
through is eleven years old and is in poor condition due to the
beachfront environment and presents a hazard to beachgoers. Three quotes
were requested in February of 2006 and, at present, only one vendor will
honor his original quote. I recommend the job be awarded to the lowest
bidder, V.P.H. Builders, Inc., who will demolish, remove and replace the
existing walk-through and observation deck at a cost of $23,500. Funding
is available from account #001-4131-572-63.40.
Please place this on the July 11, 2006 agenda for City Commission
consideration.
w~
Weldon
ector of Parks and Recreation
Attachments
Ref:walkthru
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
<is r<\. \.f
Delray Beach Ocean Rescue
340 South Ocean Blvd. . Delray Beach, Florida 33483. (561)243-7352 · FAX(561)243-7270
To: Joe Weldon - Director of Parks and Recreation
From: Bob Taylor - Ocean Rescue Superintendent
Subject: Dune Walkover
Date: March 6, 2006
I solicited 3 bids for the dune walkover and handicap landing replacement project over 3 weeks ago. As of today,
March 6, only 2 vendors have responded. I would therefore recommend that the low bidder, VPH at $23,500 be
awarded the contract. I would also recommend the project be started sometime in early May, after the high season
crowds.
~jl
Ocean Rescue Superintendent
'F~ f~
L> \..:
C'
i....
() '!"'j :..~ Q C ~~i
'i'
C:\Documents and Settings\gaum\Loca1 Settings\Tempornry Internet Files\OLK7D\waIkover memo.doc
~roposa(
V.P.H. Builders, Inc.
Vince Hockeborn
Cell (S6i) 703.0456
Fax(S61)7S0.9625
Lie. # CB..c047646
Page No.
of
Pages
JOB PHONE
II material is guaranteed to as specified. All work to be mpleted in a workmanlike
manner according to standard practices. Any alteration Of eviation from specifications
below invollling extl<l costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. AU agreements contingent upon strikes, accidents
Of delays beyond OUf controL OWner to cary fire. tornado and other necessary Insurance.
Our workers are fully collered by Workman's Compensation Insurance.
Note: This proposal ma be withdrawn
by us if not accepted within
/
days.
We hereby submit specifications and estimates for:
V.P.H. Builders, Inc.
Vince Hockeborn
Cell: (561) 703-0456
Fax: (561) 750-9625
Lie. # CB-C047646 WORK PERFORMED AT:
1048
All Material Is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications
proviJ;l.ed ~ a~ork, and was n. pleted in a subsrmtlal wonanli~anner for the agreed sum O.f
~~~ ~ fIf 0011.,. ($_//'; l51i'iJ ~
Tnis is a ~artlal [J Full invoice due and payable by:.1 0 J ___ ,...2 8 t) ?
I\... onth Day Year
In accordance with our [J Agreement '~roposal No. Dated k b 2-- ~ t)~
/"J onth Day Year
CONTRACTORS INVOICE
02/08/2006 04:57
9545834212
MORRISON BUILDERS,IN
PAGE 02
rYou (])ream It... We If[ (]3uiJi{ it!
ORRISON BUILDERS
GENERAL CONTRACTORS
February 9, 2006
Bob Taylor
City ofDelray Beach
5 S. Ocean Blvd
Dekay Beach, FL 33483
561-243..7352
PROPOSAL
We will supply the labor and material to remOV'e and replace the beach dune boardwalk, end
deck and small rail as follows:
. Dune walk is 8' x 85' consisting of#l 4>t4x8 timbers sewn together with (3) ~.. stainless
stool cables. The 4x4x8 are #1 grade pressure treated pine not fastened together with any
other boh or screw; they are sand set only.
. End deck area is 12' x 16' of traditional decking. This bid is for 4x4 flat framing set onto
sand at 2' on center and the #- 1 grade 2x6 decking fastened with stainless steel screws to
the 4x4.
. A basic 36" knee rail encloses the deck above with (2) horizontal 2x4' s mounted to the
4x4 post set into a 3' deep hole.
. Owner/City to remove all excess sand to expose sides of deck/walk areas.
Bid Prite
524,000.00
Initial Acceptance
~=worlc \,(I.A-<.Q~ ,~.....di,v, ~0
. Remove and replace the surface deck only of the street sjde deck pavilion and the
adjoining ramp up walk way_
. Deck is 16' x 40' (640 sf)
. Ramp is 4' x 30' (120 sf)
. New surface is #1 grade 2x6 Preserve Plus tntra wood fastened with stainless steel
screws.
. Miscellaneous minor framework repair is included in quote (not to exceed $200.00)
\ ' ' .
. I ,'f
tll) ",r;,.V (trcp (..\
\~ . l'-..\'p'....,....,. '-' ~ ,,-.....
&.1, .",tt!
t.. - \f...:\",()., <;J.'- ~ \,.....
Bid for reslIrface 511,400.00
Initial Acceptance
2. Remove and replace aU structural framing on above pavilion artd walk ramp (760 sf).
Added cost of $9,600.00
Initial Acceptance
'r::','ktl.l.t~11...~11 {'
2'165 S.W. 36 Sb'eet D .
(954) 583-850'0 a.Fma Beach., Florida 33312
. . ax (954) 683-4212
www.D1orrisonbuilder.s.com
02/08/2006 04:57
9545834212
MORRISON BUILDERS,IN
PAGE 03
Teno!il:
Deposit. , 3001c.
Day job begins 50%
Uponjob completion 200.4
I have read, understand and ~ this agreement including all provisions on the reverse side
hereof. Ifreceived by facsimile provisions will be found on page 3.
Mic 1 orriso Date
General Contractors License #CGCI506722
This bid is good for 7 days
Owner~s Signature
Date
'r;j'. !Ui.! rC:h."i"~
r-'--" ...,
PROPOSAL
Boyd Stnart Boggess
License #COC60433
Custom Woodwork. Construction Management
777 E. Atlantic Ave, Suite Z #227 Delray Beach, FL 33483 (561) 245.1193
n. ""II...",
: Proposal No. 01
, Sheet No.01
Proposal Subm itted To
Name Delray Beach Deean Rescue
Sb'eet S. Ocean Blvd
City Delray Beach
State F"l. 33483
Telephone Number 561.243.7352
ate l/ll2006 ,
...!_~e Performed At
Street Atlantic Ave. Beach Jl'avillion Acess Ramp
City Beach Ramp only
State
Date ofPIans
Architect
..-_.~
We hereby propose to furnish the materials and perform the labor necessary for the completion! of
Demolition and reconstruction of beach ramp per plans
Entire walkway and Observation platform lite to be removed and hauled from si~
New lrtructure is to be built with slainlcss cable connections as noted
Wood is to be P.T. Tropical (parafin treated)
Fasteners are to be galvanized where noted and stainless i,l1 all other areas
Decking shall be fastened with hidden clips upon approval ( unavailible when plans!were originally drawn )
50% deposit required upon signing j()OA, upon completion
All material is guaranteed to be as specified, and the above work to be performed in 4ccordance with the drawings and
specifications submitted for above work (lnd cmnpleted in a substantial workmanlike manner Ci r the sum of
s($ 2,22 )
Per
With payments kJ be made as follows:
Any allerlltioll or dcvilllioo from above :lpCeificatiollS iJlVOlving extra cost
will be CXcC\l~ (lJ)ly upon written order, lll\d will becQmc lIII cxva cluirgc
l)Vcr lII1d BroW the estimate. AlIll/p'tCIl1cnts contingent upon strikes, acci-
dcntti, or dcluys beyond our ooOlrol Venue for uny Iitigati(Jl1 ncccsslllY to enforce
this COIlIr1l.;t shnll be !'lIIm Boach County, F1oridn. Owner lIbonx:s to reimburse
Contractor for any \Uld all expenses he incurs as a rcsull ()fHli~on t'lt Icgal
p~ng hc punucs to cnforce thil; conlr1ll;t. irn;llI<ling but not limited to,
attorney's fees and court COlI1S
,~~-=t
ACCEYfANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactoty and are hereby acceptcci You ~ authorized to do the wor\c: as
specified. paymeuts will be made as outlined above.
Signature
Date
Signature
Past Due Accounts will be charged at 1.5% per month.
;
,
-". -.---:-----.--.--.-.. -'--'-'"
ld'd
8922..\:172:01.
0L2L\:172l9S 3nJS3~ N~3JO ^~~l3a:WO~3 172:01: 9002-80-~~W
PROPOSAL
Boyd Stuart Boggess Proposal No. 01
License #CGC60433
Custom Woodwork, Construction Management Sheet No.Ol
777 E. Atlantic Ave. Suite Z #227 Delray Beach., FL 33483 (561) 245-1193
Proposal Submitted To
Name Delray Beach Ocean Rescue
Street S. Ocean Blvd
City Delray Beach
State F1. 33483
Telephone Number 561.243.7352
Work To Be Performed At
Street Atlantic Ave. Beach Pavillion Acess Ramp
City Beach Ramp only
State
Date of Plans
Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
Demolition and reconstruction of beach ramp per plans
Entire walkway and Observation platform are to be removed and hauled from site
New structure is to be built with stainless cable connections as noted
Wood is to be P.T. Tropical (parafin treated)
Fasteners are to be galvanized where noted and stainless in all other areas
Decking shall be fastened with hidden clips upon approval ( unavailible when plans were originally drawn )
50% deposit required upon signing
50% upon completion
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
s ($ 2 ,22 )
With payments to be made as follows:
Any alteration or deviation from above specifications involving extra cost Respectfully submitted
will be executed only upon written order, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, acci-
dents, or delays beyond our control Venue for any litigation necessary to enforce
this contract shall be Palm Beach County, Florida Owner agrees to reimburse
Contractor for any and all expenses he incurs as a result oflitigation or legal
proceeding he pursues to enforce this contract, including but not limited to,
attorney's fees and court costs.
Per
Note: This roposal may be wi
acc ted within
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Signature
Date
Signature
Past Due Accounts will be charged at 1.5% per month.
AGENDA ITEM NUMBER:
)0\ "-\
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
When: July 11, 2006
Description of agenda item (who, what, where, how much):
Approval to replace dune walk-through and handicap landing at Adantic Ave. and AlA
beach crossover. The walkway is eleven years old, splintered and rotted due to the extreme
beachfront environment. The disrepair and the decay of the walkway presents a hazard to
beachgoers. Three quotes were requested in February, 2006 and at present only one vendor
will honor their original quote. I recommend the lowest bidder V.P.H. Builders, Inc. who
will demolish, remove and replace the existing walk and observation deck at a cost of
$23,500.00. Funding is available from account # 001-4131-572-63.40.
City Attorney Revie~ Recommendation (if applicable):
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: G;s) No Initials: vA..
Account Number DOl' ~ ( 3/- ~ 7 z .~ /' L/o
Description tKl tY IA A ~a.JJ IrnjYVY(lYY1..A-fS
Account Balance: ' "5;: 8..SD
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:8
Hold Until:
No Initials:
DJ1
I
Agenda Coordinator Review:
Received:
AGENDA ITEM NUMBER: g mE;
AGENDA REQUEST
Request to be placed on: July ii, 2006
Date: June 21, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve a three (3) year lease agreement with Ikon Office
Solutions for an Ikon-Canon Image Runner 7095 copier. The cost for the lease is $790.75 per
month, $9,489.00 per year and $28,467.00 over the 36-month lease.
Maintenance and 40,000 copies per month are included, via the Miami-Dade Contract
#1140011, per proposal dated 06/20/2006. Overages billed at $.0033 per copy.
ORDlNANCElRESOLUTION REQUIRED:
YES
NO
x
Draft Attached:
YES
NO
Recommendation:
Approve the 36-month lease agreement with Ikon Office Sol>>.1i.Pns for the total amount of
$28,467.00 for the lease of an Ikon-Canon Image Runner~:OFlmding from account codes
001-1411-512-44.30. (FY 05/06- $2,372.25, FY 06/07- $9,489., FY 07/08- $9,489., FY 08/09-
7,116.75)
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (~ on aJlltems involving expenditure of funds):
Funding available: ~ 1M.. No
Funding alternatives: (if applicable)
Account Number: 001-1411-512-44.30
Account Description: ~ W F nV7f f2.R.~-JCc/ .
Account Balance: '1 Z '5 7Z P-/uS;{)j 1J'~ Yf(L,~~~
City Manager Review:
Approved for agenda:{jJ
Hold Until:
tfl~_ No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
THROUGH:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager 0/
Joseph Safford, Finance Director
TO:
FROM:
SUBJECT:
July 03, 2006
DOCUMENT A TION - CITY COMMISSION MEETING
JULY 11, 2006 - BID AWARD - BID #2006-13
CO-OP BID FOR ROAD CONSTRUCTION MATERIALS
ANNUAL CONTRACT
DATE:
Item Before Commission:
City Commission is requested to approve award for multiple annual contracts for Road
Construction Materials to various vendors listed below, at an estimated annual cost of
$300,848.00 for the City of Delray Beach.
Background:
The City of Delray Beach is the lead organization for this Co-op Bid. Four (4) vendors submitted
bids on March 16, 2006, based on estimated annual quantities from seven (7) governmental
entities. (Bid #2006-13 on file in the Purchasing Office.) A tabulation of bids is attached for
your reVIew.
Delivery Costs:
A separate schedule of pricing sheet was included in bid specifications for delivery to each
participating entity.
Pick-Up Costs:
To obtain a more accurate cost for picking up road construction materials with City trucks, total
cost concepts were placed in the Co-op specifications (this cost was calculated by sending a
driver to pick up a load of road rock and the average multiplier for annual vehicle costs and
hourly personnel costs). Awards are to be made individually by each participating entity based
on an average cost of $.90 per mile that each governmental entity adds to the truck load price.
Each governmental entity clocks the round trip distance from their respective facility to each
vendor's pick-up site.
In addition to the unit price of the material, now the costs involved in picking up the material are
also considered in determining the true low costs to each entity.
~{'v\lo
Attached for your review are the requirements and recommendations for award for the City of
Delray Beach. Recommendations are being made to low bidder(s) for delivered materials and
bidder(s) with low truckload cost for pick-up materials.
The recommended vendors for the City of Delray Beach are as follows:
Vendor:
Community Asphalt Corporation
Hardrives, Inc.
Austin Tupler Trucking Inc.
D.S. Eakins Construction Co.
The Deputy Director of Construction has reviewed the bids and recommend award for the City of
Delray Beach as stated above per attached memo dated May 22,2006.
Recommendation:
Staff recommends the multiple awards as outlined above for an estimated annual cost of
$300,848.00 for the City of Delray Beach. Funding from various departments operating expense
budgets and capital project accounts for FY 2006-2007. and for remaining months of this fiscal
year (1/2 month of July, and full month of August and September).
Attachments:
Memo to Co-op Members and Tabulation of Bids
Memo From Deputy Director of Construction
Cc: Richard Hasko, Director ofESD
City of Boca Raton
City of Boynton Beach
Solid Waste Authority of Palm Beach County
City of Greenacres
City of West Palm Beach
City of Deerfield Beach
r
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO: Jackie Rooney, Purchasing Manager
Rafael Ballestero, Deputy Director of Construction ~
FROM:
SUBJECT: Road Construction Materials Co-op Bid
DATE: May 22,2006
Listed below are the results of the co-op bid analysis, based on price and mileage.
Group A, Road Materials (Asphalt):
I. Type S-l Asphalt - Community Asphalt, Inc.
2. Type II Asphalt - Community Asphalt, Inc.
3. Type III Asphalt - Community Asphalt, Inc.
4. Cold Patch Asphalt - Community Asphalt, Inc.
5. RC#70 Tac Oil- Community Asphalt, Inc.
6. Permanent Cold Patch Asphalt - Community Asphalt, Inc.
Group B, Road Materials (Non - Asphalt):
I. Crushed Coarse Limerock - Hardrives, Inc.
2. Pit Run Shellrock - Hardrives, Inc.
3. Drainfield Rock %" - Hardrives, Inc.
4. Best Mason Sand - Austin Tupler Trucking, Inc.
5. Clean Fill Dirt - D.S. Eakins Construction Corp.
6. Precast Bumpers - No bids received
7. Crushed Recycled Concrete - D.S. Eakins Construction Corp.
8. D.O.T. Crushed Rock - Austin Tupler Trucking, Inc.
9. #57 Rock - D.S. Eakins Construction Corp.
Please use the bid Quantities to determine the total budget amount.
CC: Richard Hasko; Director of ESD
S:\EngAdmin\Construction Oivision\Ballestero\Annual road materials memo.5.22.06.doc
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AGENDA ITEM NUMBER: ~ .\0
AGENDA REQUEST
Request to be placed on: Tuesday, July 11, 2006
Date: July 03, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to multiple vendors for an annual contract for supplying Road Construction
Materials at an estimated annual usage of $300,848 for the City of Delray Beach.
This was a Co-op Bid and the City of Delray Beach was the lead organization for this co-operative
bid. Bids were received from four (4) vendors for supplying Road Construction Materials for
various departments' operating expense budgets and capital project accounts.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Award to multiple bidders for an annual contract for supplying of Road Construction Materials for
various departments' operating expense budgets and capital project accounts for FY 2006-2007.
and the remainder of this fiscal year (1/2 month of July, and full month of August and September),
at an estimated annual cost of $300,848.
Funding from various departments' operating expense budgets and capital project accounts.
Department Head Signature: ~. ~~..1
~' \
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: G t1l~ No
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
David T. Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
C1-
u
THROUGH: Joseph Safford, Finance Director
DATE: July 06, 2006
SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING
JULY 11, 2006 - AWARD FOR PURCHASE
AND DELIVERY OF SODIUM HYPOCHLORITE
Item Before Commission:
City Commission is requested to approve award to Sentry Industries, Inc. for the purchase and
delivery of Sodium Hypochlorite for a two (2) year period at an estimated annual cost of
$250,000 for the first year.
Background:
Allied Universal was our current vendor who supplied Sodium Hypochlorite (bleach solution) to
the Water Treatment Plant. They were awarded a contract in June of 2005, by City Commission
via Village of Palm Springs at a bulk rate (full truck loads) at $.707 per gallon.
Starting in August of 2005, the Manager of the Water Treatment Plant began to have problems
with Allied Universal's failure to make timely delivery of the Sodium Hypochlorite as quoted to
the Water Treatment Plant, and then began to document the problems. After the number of
delivery problems from Allied, the manager of the Water Treatment Plant then requested quotes
from other vendors. See attached memo dated July 02, 2006 from the Manager of Water
Treatment Plant.
Based on the above mentioned memo the Water Treatment Plant is now getting deliveries from
Sentry Industries and their service and their product has been of the highest standards and has
met the City's standards of the Water Treatment Plant's disinfectant as it is essential that the City
have this level of service provided to us by Sentry.
The Water Treatment Plant is therefore requesting approval for award to Sentry Industries, Inc. at
the estimated annual usage of $250,000 priced at $.76 per gallon per their quote dated June 15,
2006. This pricing includes providing storage tanks with secondary containment to be maintained
by the City of Delray Beach at no cost to Sentry Industries.
2?M.l
In addition, the vendor has also included in their letter a price quote for second year contract.
The price for the second year will be adjusted for inflation and increases in chemical raw
materials and delivery costs which will not exceed $.80 per gallon.
Recommendation:
Staff recommends award to Sentry Industries for the purchase of bulk Sodium Hypochlorite at an
estimated annual cost of $250,000 for the first year, and approval for the second year extension at
a maximum price of $.80 per gallon as quoted in their letter dated June 15,2006. Funding from
account code 441-5123-536-52.21.
Attachments:
Memo from Manager Water Treatment Plant
Memo From Sentry Industries
Message
Page 1 of2
Rooney, Jackie
From: Bullard, John
Sent: Monday, July 03, 2006 1 :47 PM
To: Rooney, Jackie
Cc: Ironside, Gillian
Subject: Sodium Hypochlorite Estimated Annual Usage II
Jackie,
I began to document Allied Universal Corp.'s failure to deliver sodium hypochlorite, on the dates that we had
ordered it, starting in August of 2005. By the time we decided to try Sentry Industries on an experimental basis,
Allied had failed to deliver five times. I contacted Odyssey Manufacturing Co. in September of 2005 and got a
quote for $0.79 per gallon. I contacted Harcros Chemicals Inc. in December and got a quote for $0.91 per gallon.
Prior to Allied, we had been purchasing from Jones Chemicals Inc. at $0.86 per gallon (they had been our
chlorine
gas supplier). In February of 2006, I had decided to try Odyssey but they weren't sure they could keep us fully
supplied and recommended that we contact Sentry. Sentry quoted us $0.76 per gallon and assured us that they
could meet our needs. We have purchased bleach from them since February and their service and product have
been of the highest of standards. Bleach is the WTP's disinfectant so it essential that we have the level of
service that Sentry has provided us. I will send you the quotes from Odyssey and Harcros.
The estimated annual usage for the WTP for sodium hypochlorite is 328,500 gallons. At Sentry's first year
contract price of $0.76 per gallon, our yearly cost would be $250,000. Thanks.
John
7/3/2006
Jun 19 os 03:5Sp
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June 15,2006
Mr. John Bullard, Superintendent
City of Delray Beach
200 S. W. 6th Stre~t
Delray Beach, FL 33444
/ Dear Mr. Bullard:
Sentry Industries is pleased to make the following offer for the sale and purchase
of 10.5% sodium hypochlorite:
1) Sentry Industries will deliver full truckload quantItIes (approximately 5,000
gallons) ofSAF-T-CLOR brand 10.5% sodium hypochlorite solution, as required,
with 24 hour advance notice
2) For the first contract year, the price will be $0.76/gallon, delivered, inclusive of
all fuel surcharges
3) Terms will be net 30 days
4) Deliveries will be made to the Water Treatment Plant on SW 6th Street or to
another location designated by customer. Storage tanks with secondary
containment will be provided and maintained by the City of Delray Beach at no
cost to Sentry Industries.
Sentry would like to offer a second contract year with a small price adjustment. If
both parties agree, the price for the second year will be adjusted for inflation and
increases in chemical raw materials and delivery costs. In any event, the price during the
second year will not exceed $0.80/gallon. All other terms and conditions would remain
the same. If the parties fail to agree on a price for the second contract year, the City will
be free to purchase sodium hypochlorite from another source or to rebid tbe contract.
Sentry will comply with the current City of Delray Beach insurance requirements.
This offer is valid for a period of 90 days. We would be happy to extend this offer to
other municipal utility customers of comparable size in the BrowardlPalm Beach County
area.
Sincerely,
"~".(-"
. 'J '.~_,' --....~
------ ..... ...
'-.:::-. ,,~ . '"
S. W. Sidelko, President"'-'
Sentry Industries, Inc.
02/17/2013 13:08 FAX 561+243+7316
DELRAY WATER TREATMENT
BOllard, John
From:
Sent:
To:
Cc:
Subject:
John Bullard
City of Delray WTP
561-243-7319
Haass, India [IHaass@harcroschem.com]
Monday, December 19, 20054:26 PM
Bullard, John
Armstrong, Sharon; Birdwell, Carla
T/L of Bleach to City of Delray WTP
{j (t1fAA[)
~ 0002/0006
J:Jiw'ttr
Sodium Hypo chlorite (Bleach) full truckloads del. to WTP City of Delray daily usage is
approx. 900 gals per day. We deliver from Tampa were our plant is. If possible 3 day lead-
time is helpful to get on delivery schedule.
Your cost is .91gal del. includes all charges (EX: fuel surcharge)
Thank You
India Haass
Harcros Chemicals
561-346-1335
Lets do cylinders as per need basis being its min.
1
02/17/2013 13:08 FAX 561+243+7316 DELRAY WATER TREATMENT
SEP-D9-2DD5(FRIJ 14:28 OD~S5E~ MRNUFRCTURIN6 [OMPRNY (FRX)81363025B9
~ 0003/0006
P.001/004
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---
Mr. John BulJatd
Woter Plont MuoICr
City of Oelray 8each
200 SW 6th Street
Oelrny BeDCh. 1J.. 33444
OeM Jobn,
As n '(oUow-up to our phonc convcraatlon yesterday, Odyssey MAllufilcturinS Company is plcltSed lO
offer "hc City ofDclnry Bach 115 Ultra Chlur 12.5 Tracfe percent sodium hypochlorite for the unit
prico af $.19pcr pilon thtough Scprcmbcr 9, 2006 (NET 30) ON AN A$.i.A VAII..ASI.E BASIS
fll:tltZ. We expect to "u\laUublc" sodium hypochlorite durins this period. haWGYct. As we disc~cd,.
we would be Obly lID alternate source to your current suppUer because of what )'ou c:fuanrdcri.-.cd as
their ~ico ptoblCQ'$ and thus )Iou would not, be relying upon US primarily. As)lOu know, we have
vcry Ilule cx.cCSlt c:apacily at mls time but ate in tho process of buiJdint; It. ~ond plant which 15 filated
to come on-line next year. At dlllt point. we fUlly expect to compete in your marketplace. As part of
hs sodium hypochlorite supply. Odyssey osrccs,tD meet the gulIl'WllccS on the attachc:cl Praduct
SpccifiClltlon and bave prcwided iadcpcmdc:nt laboratory tc9dnB fCSull$ of same. We typically reqUC$t
12 hours notice f'ordctivery undcrnormal situatioma. .Forcmcrgcncic9. we would provide immediate
tCSpOntlC 24n Including hotidll~ ifwe have pnxIuetavailable.
BlIckl!l'ound O,,-OdVSl;CV Manufbctudn, Co.
Odyssey MIlnufKturing is the larsest :K)cUum hypochlorite manufacturer in the southCWlt tlnd our
sCldium h)'pachlQrilO cum:ntly servos Ihe vast maJori1y of the water IIDd WDSlcwuter pluftts that Ll9C
bulk bleach in pealnsular Ploridll. We have alsa done Il slsnltlcont number af"tum-kcy~ insUtlludons
and have also iMtllJlc:d swragc tanks at many locations and assisted nuDlCltOus cy!dontcl'S with theIr
convcnriomalO .odium hypochlC:lI;te. SodIum bisulfite and lIqUCOU$ ummo.\i.. A8 part afits chemicol
~upply contract, Ody$scy .grccJ ta provide tcchDica1 asslsclsftcc al no charge 10 support your WT and
WWT opcratlOI\8.
As you ma)' be aware, we manufttcturc only ane product. sodium hypochlorite. utiuztna a Kvacmcr
Chcmclic5 chlor-alkali plant In~ with A Powell CantinUD"~ BIC&tCh PlanL As the: only c:hla,...
alkali manumcturing facUiLy in Florida,. ~ ean Dffer a unique combination of hillh qamlilY combined
with Q vcry compctitiw cost structure. Wr: make our I'IlW materials (chlorine;and CIlUSlic) on.9i~ out
of salt and demineraJi%Cld water utili'...Jn; a membrane ccll.electrQl)'Ji. pta<:CSS. Not anI)' d~'S this'
ptoc.s hlsult in high quality bleach. but algo makes our product cost wery competllive us we do not
have to payout of'st:&tc third panics to make the raw matcr1l1ls tar us and haw thum shipped down by
l'ilitcar. The followina additJonallnfonnation is provided to DSlrist in )'ourl'CYtcw of our prOpD54I:
"Truo Callt'r.
Unlike most chcmrcala. sodium h)'PClCh.orite...... ate1alively shan shelr lire and dc:compollcs over
dme.' Product impurities sucb as meraJs aod $ludge arc a Kigniracant source orthis decomposition.
Thus. dlftcn:nccs between mafttdhctun:rs in their J1UInulitcturina and dclivc:ry praccssca can have a
.' '" 'I~ .r;; ~ ....... y ....... ........ ,'.... .)
t-....... "~~'''-" ,', -,., "~"~.~':..~TI:'4'''^'..ll''ct I ". ~;,' - ,..t', .. !o":. ~'" '~ ....v~. > ~ ~N'l~.,~
r ~..:..~.:j~1 \';-' :. I .:" ..., -: ...I ~ _L '. ~ .6~~; '~J-~.:---=~"!_ ~-.. ~ "'.. ::..~,_.; ....~-'t:1.'r ....:-::. '.~..... ,.. ,......'04..: '.: . .\,~; ,~~~:-lf'.
. , T H i: C LEA R SOL UTI 0 N .. A.<.-.J/_'/.... ,0._'';'',',,' ~,_.:. . ,-
1484 MASSARO OLVD . TAMPA. Fl. 33619 . 8(0) ODYSSEY, FAX (813) 740-1629
02/17/2013 13:08 FAX 561+243+7316 DELRAY WATER TREATMENT
SEP-09-2005(FRI) 14:28 OD~SSE~ MRNUfRCTURING COMPRNY (FRX)813&30r589
dl'l1mlttlc dilTerence on actual consumption. Additionally. the Initial delivered strength con AI$O
Impact tho level of consumption. Odyssey'~ unique manufiH:nlrins process results in significllntly
hlsh~r quality sodium hypochlorite that dOC$ not breakdown and decompose lib ather sodium
hypochlorite. As an example. in 'FV 200J, the Charlotte County Sab1Port WWT plune used 101,970
Gllllons of Odyssey MiUJufiK:turing soclium hypCK:htoritc. The previaus fiscnl yct1r, the facility used
about 204,196 gullons with lU'lothcr ~lum hypochlorite,. desDite lower .,1D"l no~. ThUl. you will
probably SG"e about 20% to 100% oryour feed bccau$C of the hisker qunJity sodium hypachlorhc
wh lch trrlnslJltes into a SIlvings of about $.20 to $.7S ~r pilon. Please call our current cUlitcmurs La
confirm this!
acca~se of our manufacturinG ptocess. we make our own ablorine and caUStic and thu!> arc noL subject
to the wid. price fluctuuuDtW in this mark..u or the aVailabUtty of materiEl Is. Thw&, we ate able to
actUally "gwuuntee" pricing ror onc ormOR yeatS and would honor any contnlc""" agreement. Tn
addition to the wide vanations and aVailability of the c:hJarinc and causlic markcLca (especially
s:isnitiClUlt lIlince Saptcanbar 11~. other sodium hyPochlorite llUIDufacturer~ face rnultl.mitUon dollllr
castS ta install ..onlainm~l and chlorine lCn.1bbers far their chlorine nailCfU'S undc:r the EPA's Risk
M4Nlgcmcnt Plan (RMP) Mllndell:. The RM1>> requires any entity over tha minimum thl'CNhold of
ch tarine to take AJ.,J.. mctlSUl"C8 ncccsSBry to prota:t the public. The only ItUc mcugure aVllUablc to
PrQtecttbe public is to install an expensive c:h tarine scrubber system and conudnmcnt bui Iding for the
chlorine railcars. For Ii bleuch manufacturer with c:htorine railcat$, this e.~peJl$c would be 5CVCI"Ill
million dollars. As the only c:hlor..allcall manutbcturer in the Stote of Florida. we hllvc no t'flilcars of
chlorine on-site: and thJIS would not be impaetcd by thilJ requirement. With rcgnrd to avAilability,
Odyssey hi the only lIodi um hypochlorilC supplier that daes not rely on rnilc.v shipbicn~ of ch lorin<:
gas into the StAte of .Florida. As you may be aw8tC, railcar shlpmenu of chlorine gas wen: !IulP'--ndcd
on three occaslon5 Ilfter September I lilt (aad four oceuiona thIs put summer bceause of the
hurricaneJi> and the new Homel4nd Security Protection mca.<nlrcs call for curtaHing and suspend ins
railcar shipments for higher tetrarist 1hrc:ats.
Reliability
Ody$Sey', unique manufacturing procc.s provides Its custamera a high degree of reliability:
· I..argest provider to tIu: W&iter and wastewater markctwlth over' 96% oftha bulk lIodium
hypochlorite market in pcninauw floridu.
· Odyssey' 5 UltI'D~hlor sodium h)'pOr:hloritc is used It Iltc majority of power plants in Florida
· History of meeting s!!. demands from an of our customers
· Safest manuruclurina proCca in me State of PJorida in that we ara w~1I und~ the'R.M? Dnd the'
PSM. thrc!Iholdll Cor lwIardous chemicals.
· Minimum Imounbl of chlorine 811$ cm.site which .... wolf undar the'RMP and PSM thresholds
thus there is no UkcUhood o( an eccidenlld releas. which would cunaU production. -
· Odyssey Manufacturing Is lacnted eallt of'tho City orTampa In an Indu.~aJ park. We are nDt
located on a penInsula or near the Gultar.Bay and thus an: probably lcsa prone to flaodi"S
damage from ahurriClUlC than. most D~cr blcuch l1W1uractun:rs.
· OdyS$c.y Manufac:turiog CoblpilDY's manufacturtna tbclt1~ is the only facility in the SUIte of
Florida feet directly oft afme ttnnsmiuion srid Cl'Om ilS own subsration. ThUB, any service
restoration would most likely be sisnificuntJy quicker in the event of amlijor hurric:ane.
· Od)llllc,)l Mianu&clurina'is the onb' 24 houri 1 dQ)' .. wecksodium hypochlorito rnunuractUl'ins
Dpcruticn in the State: ofEloridlt with 11 manned contral room. Thus, we can retipand qUickly to
enlC1'sent customer needs.
1410004/0006
P. DOU004
02/17/2013 13:08 FAX 561+243+7316 DELRAY WATER TREATMENT
SEP-09-200S(fRI) 14:29 OD~SSEY MRNUFACTURING, COMPRNY (FRX)813&30c589
~ 0005/0006
P. 003/004
. Odyssey hos an agfdil,.t with Q .radIum hypochlorite mCl1l1gucturer CJ.DI11Qled b)J :rome l;o,;wlOn
ow"erlhlp (Senlry IndU$",tes In Miami, Florida) 10 serve as Q backup SUUI'CJ: albleach In lhe
l."Ir!nf 01 Q cotasrrophie evr!nt.
Qwiliuc
Our sodium hypo~laritc is II high slfena,-c:h product witb IUperiot rdUo conrrol and without all the
impurities Ikal most bleach contain"" OUr bleach is NSF certified Md made from a continuOUll as
oPPolled 10 a batch bteac:h plant. What lhfN means tD )IOu. the CustolIll."S". is:
. Low or zero D1C:taJ contAminants resulting in sipiflQUltly slower Product dC&f'Ildatlol1 lending to
mtcndl cu.oct _via.. due to reduced lIniiu... '"nochlorite CDIISUD1Ddon
. Lower Mnintcnnncc C!olns C&'UISOd by PJuSSllSes MCf went boeDUIIO of impuridCfi in the bl~ch
. Tmprovcd Drinking..m .effiucnt WatcrQulllity
. Superior control af ~ l\llatlinl~y)of"Product rosulting in 1C5S oyerall chemical additIonal
requirements and more stable cbcmicu.1 feed ~ (It.a.- better pH comrol aCyour finished wnter)
· Loss ox)'gen formation dllringstorage andhandUnB(c.g., which form bubbfl#t.: in lank and nnes)
rosultlna in reduced downtime and maN IlccunuQ.,CI fced ratc,"
· Lower ~Is of sodium chlol'llte Cannlldon 1'CSuldna; in Improved water quality
· Lowei' .uapcnded salid. tesulnas in Improved Water quality and less tiledcr mainlcttltnl:C
· Minimal Insoluble bllildup on Lhc Inlddc of pipes and feeders r.ultinG in better op:rations of the
Customer', $)'stem
· Sisnificnntly lower levels of bromAte than ather bleach rnanur~ (bromatc is II known
carcinogen Md became regulated in all drinking WIder plDnlS beginning Janumy 0(%004)
. Based on tcstii1& done by several Wlttcr and wastewater plants. along with Sentry Induscrlcs. we are
the onl)' sodium hypochlorite manufiu:turer in Florida who alwa)'ll passes the '-minute Filter Test
prccedute DIld have the bcs~ times C1Ier recorded by NowChcm Laboratory wllleh is nn indu$try
lender in sodium hypochlorite testing.
~
· Odyssey's deUvery fleet ofttKtors amd tndlCml is brand new and our drill'" are Odyssey
cmph,y~c:s. Wo do I'JOC use "contract hllulcnt'". Ourtankcn;. are "$I8fe of the ~ .PRP umkcrs Md
, thUll will nDt COIl1;IUDinata tha product u can happen tram tIll: convcntional stcal4lincd IMkcl'S.
Addltianally, potential conf:drnin~tion is also cUmin.tcd sInce we only use aut tMkcn to hMUJ
sodium hypochlbritc and no ather produClSo
· We arc the onty sodium hypochlorite ttumurllcturcr who focU$e!t primarily on municipal and
private water and wutewsrer1N8tnlent along with industrial oustomcrs.
· Odyssey fIluaranfCcs delivery on 48 houn; notice ad mosc or the time t:lin make dclivcriell an 24
hpl.ll'S hOti= or shorter.
· OdyssOY hu four~" engineers in it$ CDtnpli11)1 to provide support to IIf; customers. Our
, Operations Manaser Is a CbemicnJ .Enpccr who hu C$tcnsivc experience In the productian at
blcaeh. handling of Bcid and cauStIc, and'~n; of chlorine SUo ,
· OdyJ5C)' has two tUll-time: I:OhSltucllon crews that arc totally dedicated ta sodium hypochlorite.
sodium bisulfrtc. and aqueows bl11monill inslalJlltion.'l.
Rcrcrcncc~
02/17/2013 13:09 FAX 561+243+7316 DELRAY WATER TREATMENT
5EP-D9-2005(FRI} 14:l9 OD~S5E~ NRNUFR[TURIN6 [DNPHN~ (fHX)8IJDjOl5~9
~ 0006/0006
, P. UO/l/U04
Selter qUldlly bleach has histOrically nOt been uvallllblc until Odyssey bc:san manufacturing
opetntion$. Thus. meny cu.<itomcrs who were ~tislicd with their current supplier became t:\ll:n mon:
satisfied with aut blCllch and many reported lower cornJUtnpti(ln level, bc:QU$I: of the reduced
dc;radatiDn. Please c:all our rcfcrcnl:cs to c:onfirm tit.. $U\tCDtCllt$f
Shllwn Kopko, ell)' of Cape Coral, Watar ProduCllon Superlmeadent. 23!M74-0877
And)' FenlIke. crty arope COC'GI. CbJd'Opmmr, 239-574-0877
Briun Fcmlkc, CIty ofQlpc CDnll. SWWW.TPlantSupc:rinamdcat.23..S14-0850
Mike Flllher. City DfCilpc Cond. ~vcrcSt wwr Pmnt Supcrintcncl&:nl. 239-$'74-08'72
Ken Stephen. CIty ofBrlldcnlOn. WWT Supr:rintcndenr. 941-701-63'0
Clyde Crews, CJty of.Bl'1ldcntDn. ChiarW.tarOpctalor. 941-m-6362
Don Wil~on. City of Auburadale. WWT SUporinb:ftdont. 163-96S-5549
JDhn DtcldnsoD. CIl)' of Aubumdatc. Utililles Director. 863-965-554g
Verne Hllll. OIdrtDttl: CcnUtly. (Jpemtlons MDI1Apt'. 941-'764-4$9$
Vinnie l.oCilUSJ. CMtIoaeJ Coimty, WWTSuperlnteadem. 941-764-4'95
Troy Kepley. North Fort Myers. WWT PII.nt MlU1alJct. ~9-543-IIIOS
Ron Weiss, City OfMatcD Mlllld. IlO PIIUl\ Supemsar. 239-642-540'
Lou Lcwlll. TOKO \Vllter Authorfty, 8VL WWT Superinlendent. 401-348-6120
Doa Hnft)'. ell)' ofOckona. WI" Superlrltendent. 38&-$14-2181
Jim SmIth. City ofOehCICIII WTfWWT Supcrvilar. 3.15-$7....21.. (FWOPCA .PlllSldenl)
.Pllll-Jendc~an. CitY orPlllm CClUt. WWT Pkuu ChrcCOpcrutOl'. 31'-9145-%343
Pc.. Rouacll, City of Palm CoASt, R.O PlAnt ChlcrOpcrator, 311"986-2)41
Howard Millet. City ol'S(. Cloud, "'dUdes Superintendent. 407-931.1340
Joblt Hefty, City ofSanlbol, Publ" Wotb Director, 239-4724179 .
RIlY D' ^UllD. City or hJmcuD WWT PllU1t. PrDJcltt M~cr.U.s. Pilla', 941-123-5106
.Emie Co,,- City oCOrlando Plant ManMgCr Conarv 1. 407-1$$4449
Charlte lucbon. Lift StatiDA $upcrlotcadent. 407-246-2213
Tam HiII.1.cc Counl)' WT/WWT OpcnWJ)t\II Mllnapr, 239-419-8181
John ~i. SArasoIII Caunty. MlU1lIpf'1ir:td Opcmltionll, 941-161..0536
Jerry Schoonmaker. Saruala County. Superintendent, '41-316-1071
DaVG Cash. Sarasota Coullty. WTMDfIII8Cr. 941-181..0501
Bill Oraan. City orVenl"- Chld'Opcratot wr 0pendI0nx. 941-486-2624
Jim PctrDSlcy, Chy orVanlce WWT Supcflnlcndtlu, 90111-486-2188
Vie I-Janis, City orMlllbcny, lAd Opcntor WWT Plib\t. 94r~22""
DAvid Bloome.. CIIY of Mulberry, Public Works Di1'1:lClOr. 16:1-425-$492
RJcbard Anderson. \VI" S~, ihb;;fldcnt. Tamp. Bey W&Uer, 113-929-4551
Odyssey has never had a contract tctminatcd ClII'Iy or olhctWisc for JUdy. quality, Dr ICl'Vicc: illSVCtl.
AddillonaUy. we have newt hlld DOyaccidcnbl, inr:idcru... releases. spills. or Nationu1.Q.ClltpoflllC
Center Notifications for any chemical that il delivers Of' manuf8ct:urers C'IIet which Includes the put
fiv~ (5) years. Contrast this with other SUPPUCI'$I We luna ""1' nr&set! _~! A.fk tllIl'
r:lI$tt)~rsl
We look forward to wotkin; with you In the mcure. lluwe enclosed a product; brochure, process
tlo~chGrt, MSJ)S. blctlch Iuu1dbook and a produce specification fer )lOut pctU.I. Please do not
hositate to contact me at (113) 1535-0339 or ccUut... (113) 335-34441 can provide you &my rurther
In.ronnation with regard \a the use of bulk JOdlum hypochlorite. Additiannl infonuution includinG
sample spcclflcatfons can llI.o !xl found on our w.ltc@)www.adyssqmanufaGturing.com. Thank
you fat )'our CXlMiclcratlon.
AGENDA ITEM NUMBER: 1<; m.L
AGENDA REQUEST
Request to be placed on: July 11, 2006
Date: July 06,2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to Sentry Industries Inc. for the purchase of Sodium Hypochlorite at an
estimated annual cost of $250,000 for year 2006-2007.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Sentry Industries Inc. for the purchase of Sodium Hypochlorite at an estimated
annual cost of $250,000.
Funding from account code 441-5123-536-52.21 for FY 2006 - 2007.
Department Head Signature: 2, ~~
"'-
Determination of Consistency with Comprehensive Plan:
'--.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
~ '1""' -z....o., b
Funding available: Yes /' ~) ( No
~
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda@ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Manager~
THROUGH: Joseph Safford~ce Director
DATE: June 03, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JULY 11, 2006 - BID #2006-17 AWARD FOR
SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER
WASTEWATER, ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve bid award to low responsive bidder, U.S. Biosystems,
Inc. for an annual contract for Supplemental Laboratory Analysis for Water, Wastewater, etc. for
the Water Treatment Plant Lab at an estimated annual cost of $22,450 for fiscal year 2006-2007
(and $2,500 for remainder ofthis fiscal year).
Background:
The Water Treatment Plant has a need for an annual contract for outside laboratory water testing
analysis services. Bids were received on May 25, 2006 from two (2) vendors per Purchasing
Policies and Procedures. (Bid #2006-17 on file in the Purchasing Office.) A tabulation of Bids
is attached for your review.
The Manager of the Compliance Division, Water Treatment Plant, recommends award to low
responsive, responsible bidder, U.S. Biosystems. See attached memo dated June 30, 2006 from
the Manager Compliance Division, Water Treatment Plant.
Recommendation:
Staff recommends the approval of award to the low responsive, responsible bidder, U.S.
Biosystems for an estimated annual cost of $22,450 for fiscal year 2006-2007. Funding from
account code #441-5124-536-34.90.
Attachments:
Memo from Manger Compliance Division
Tabulation of Bids
~~
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.mydelraybeach.com
TO: Jacklyn Rooney, Purchasing Manager
FROM:
Juan MaJl7.ano, Manager Compliance Division (Jf\'rt\
SUBJECT: Supplemental Laboratory Analysis Bid #2006-17
DATE: June 30, 2006
US Biosystems, Inc is recommended as the winning bid for the Supplemental Laboratory Analysis
Bid # 2006-17. US Biosystems, Inc was the low bidder and was able to provide the City with all
the documentation requested in bid package. An audit of the bidder's Quality System conducted
June 23, 2006 yielded satisfactory results. The quality control practices at present should meet
quality required for City's supplemental analysis needs.
The Account code for this contract is 441-5124-536-34.90 with an estimated expenditure of
$2,500.00 for the remainder of this fiscal year. The estimated annual cost proposed for fiscal year
2006-2007 is $22, 450.
cc: Richard Hasko, Director Environmental Services
Victor Majtenyi, Deputy Director of Public Utilities
Jam/jam
MEMORANDUM
TO:
Juan Manzano, Compliance Manager
Jacklyn Rooney, Purchasing Manager ~
June 05, 2006 () ~
FROM:
DATE:
SUBJECT:
Tabulation of Bids
Bid #2006-17
Supplemental Laboratory Analysis
Attached is a copy of all bids received on May 26, 2006 and the tabulation of bids for the
"Supplemental Laboratory Analysis", Bid #2006-17.
Please review the attachments and forward to Purchasing your award recommendations and I
will prepare the Commission Agenda for approval.
If you have any questions, you may reach me at ext. 7163.
Attachments:
Tabulation of Bids
Copies of Bids Received
CITY OF DELRA Y BEACH
Bid #2006-17
Supplemental Laboratory Analysis
Tabulation of Bids
May 25, 2006
Bio Systems Florida Environmental
GROUP A TOTALS
1 - 5 Samples for Water $430.00 $472.50
1 - 5 Samples for Waste $430.00 $472.50
> 5 Samples for Water $430.00 $472.50
> 5 Samples for Waste $430.00 $472.50
GROUP B TOTALS
1 - 5 Samples for Water $170.00 $219.00
1 - 5 Samples for Waste $170.00 $219.00
> 5 Samples for Water $170.00 $219.00
> 5 Samples for Waste $170.00 $219.00
GROUP C TOTALS
1 - 5 Samples for Water $445.00 $608.50
1 - 5 Samples for Waste $445.00 $608.50
> 5 Samples for Water $445.00 $608.50
> 5 Samples for Waste $445.00 $608.50
GROUP 0 TOTALS
1 - 5 Samples for Water $60.00 $65.00
1 - 5 Samples for Waste $60.00 $65.00
> 5 Samples for Water $60.00 $65.00
> 5 Samples for Waste $60.00 $65.00
s:IFinancelPurchasinglBid Tab Lab Analysis.xlslsdl\71712006
Page 1 of 3
CITY OF DELRA Y BEACH
Bid #2006-17
Supplemental Laboratory Analysis
Tabulation of Bids
May 25, 2006
Bio Systems Florida Environmental
GROUP E TOTALS
1 - 5 Samples for Water $100.00 $150.00
1 - 5 Samples for Waste $100.00 $150.00
> 5 Samples for Water $100.00 $150.00
> 5 Samples for Waste $100.00 $150.00
GROUP F TOTALS
1 - 5 Samples for Water $1,625.00 $2,980.00
1 - 5 Samples for Waste $1,625.00 $2,980.00
> 5 Samples for Water $1,625.00 $2,980.00
> 5 Samples for Waste $1,625.00 $2,980.00
GROUP G TOTALS
1 - 5 Samples for Water N/A $225.00
1 - 5 Samples for Waste N/A N/A
> 5 Samples for Water N/A $225.00
> 5 Samples for Waste N/A N/A
GROUP H TOTALS
1 - 5 Samples for Water $1,035.00 $902.50
1 - 5 Samples for Waste $1,035.00 $585.00
> 5 Samples for Water $1,035.00 $902.50
> 5 Samples for Waste $1,035.00 $585.00
s:IFinancelPurchasinglBid Tab Lab Analysis.xls\sd~71712006
Page 2 of 3
CITY OF DELRA Y BEACH
Bid #2006-17
Supplemental Laboratory Analysis
Tabulation of Bids
May 25, 2006
Bio Systems Florida Environmental
GROUP I TOTALS
1 - 5 Samples for Water $220.00 $330.00
1 - 5 Samples for Waste $220.00 $330.00
> 5 Samples for Water $220.00 $330.00
> 5 Samples for Waste $220.00 $330.00
GRAND TOTAL
1 - 5 Samples for Water $4,085.00 *5,727.50
1 - 5 Samples for Waste $4,085.00 $5,410.00
> 5 Samples for Water $4,085.00 *5,727.50
> 5 Samples for Waste $4,085.00 $5,410.00
Normal Hourly Sampling Rate $55.00 Ihr. $55.00 Ihr.
Weekend Hourly Sampling Rate $100.00/hr. $75.00 Ihr.
Holiday Hourly Sampling Rate $150.00/hr. $105.00/hr.
COMMENTS: Group H. Soil testing prices
depend on what analytes need
to be tested.
* Note - Group G Bid Prices
not included in Grand Totals
s:\Finance\Purchasing\Bid Tab Lab Analysis.xlslsdl\717I2006
Page 3 of 3
AGENDA ITEM NUMBER: ~ <6
AGENDA REQUEST
Request to be placed on: Tuesday, July 11, 2006
Date: July 03, 2006
..2S2L- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to low bidder, U.S. Biosystems, Inc. for an annual contract for Supplemental
Laboratory Analysis for Water, Wastewater, etc. for the Water Treatment Plant Lab at an
estimated annual cost of $22,450 for fiscal year 2006-2007 and $2,500 for remainder of this fiscal
year.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Award to low bidder, U.S. Biosystems, Inc. for an annual contract for Supplemental Laboratory
Analysis for Water, Wastewater, etc. for the Water Treatment Plant Lab, at an estimated annual
cost of $22,450 for fiscal year 2006-2007.
Funding from account code 441-5124-536-34.90
Department Head Signature: ~~. . A ~ ~
'\~
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
~7 / '!.)o b-
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
3:.. ...~ -=? LJ~/..
,
City Manager Review:
Approved for agenda: ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph SaflOrd, Finance Director
DATE: 7/5/2006
SUBJECT: 07/11/2006 Commission Meeting
CONCREfE REPAIR - DELRAY SWIM & TENNIS
Item Before Commission:
City Commission is requested to approve the cleaning and repair of the textured concrete at the
Delray Swim and Tennis facility. The cost for the repairs will be $18,250.00 per
estimate/quote, dated 01/24/2006 and confirmed on 04/24/2006 from P.B. Deco Concrete.
Bacla!round:
Three (3) vendors provided estimates for the cleaning and repair of the textured concrete and
one (1) declined.
P.B Deco Concrete
Boyd Stuart Boggess
Randolph & Dewdney
Castle Florida (Declined)
$18,250.00
$39,875.00
$66,520.00
The selected vendor will pressure clean, remove all loose material, repair cracks, re-skim
entire area re-apply and stain with non-skid, low maintenance texture, plus any other item(s)
required to create a fresh new look to the area.
Recommendation:
Staff recommends the approval of $18,250.00 to P.B. Deco Concrete for the cleaning and
repair of the textured concrete at the Delray Swim and Tennis facility.
Funding from account code: #001-4215-575-46.90
Attachments:
Vendor EstimateslProposals
Email Communications
cc: Robert Barcinski, Assistant City Manager
Jackie Rooney, Purchasing Manager
8'm9
05/14/2005 15:45
DEPARTMENT:
DATE:
VENDOR:
ADDRESS:
PHONE #
QTY.
I
ACCOUNT #:
QUOTES:
VENDOR:
CONTACT:
VENDOR:
CONTACT:
VENDOR:
CONTACT:
5512437385
- __I,,", I
DELRAY BEACH GOLF
l.n,~I'\"'n II:NNI::i l,;ENTER
PAGE 02/12
PURCHASE ORDER REQUEST FORM
" BLANKE'fpo OR REQ # ,~l"q06
,-' ~lr FED'D#(IFNEWVENDOR)
12.J?:l' De C 0 (b(]((efe.. CONTACT i.C}- otLmiIler; (j/Q\.vi
, . edb:
C 5-lfl) ~~1O-' 7~ z
FAX #
AMOUNT
TOTAL
2ED
001-4215..575-
TOTAL
Leve I :III
(last four digits must be filled in)
$1000.00-$2999.99 -three quotes required (verbar. electronic, or written)
$3000.00-55999.99 . Ihree Quotes required (written only)
$6000.00-$14999.99 - three quotes required (Wl'ilten only) wit" justificallon as to why needed
E. B. I:v7rn con~ PRICE: $I\?, z...1=)O
&otLn1-1 L ter PHONE ~ I )'&'4D-/ct\L.
Bnyrl SilKlr-t Btxa.g:e$" PRIC~~81~
PHONE # ( 5lot) oY-f 15 - J tq3
~.Qi:~_Ph~D~ PRICEd!ru1i2 52;Q.
A[g;lcLHirUQ1pY\ PHONE t6qnl ~ z::71.r 7.'1?X9-
"PLACE ORDeR WITH VENDOR WHOSE QUOTE IS THE LoweST
APPROVED BY:
MIKE D' ARCY
BRAHI'iI DuBIN'-
l(ls\wllly\purreq
rvt.
(must sIgn all requests)
~",~Ri'lt, ~l!!lo~
ij,U. VUb~ o~\
(must sl9n ..II requ.sts O'Ver SSDO)
,
.
,.
07/06/2006 15:07
5612437386
DELRAY BEACH GOLF
PAGE 02/02
I g p,RCo ~
b- ~/'f. ~.,-/o.. "7'1 (:2 0\0\
WORK TO BE PER~ AT:
AOORESS
f tJY\ Co ~ e -Ie..
PROPOSA.l
'W'r
[k/r~
: CA4
ellY. STA'l"e
DAiI; OF PlANS
~NF.NO.
"~Cl-ft~T
Wf/ I'I,~ rerny p~e '10 fumist> tt1e materiQ/a and perforrn-1he laOcr ~. fot II'Ie cotnClIetlon of
___~;.,;" 4'L....~J:- .~
- ~_..~/~' L..s4E ~~
- .r~~.d'~
.- 9',.,.,~~Z~'~i.~-J-'~# / ~; /A'JL~
All rnaterl('\1 Is gu~rant_d 1,1;1 bfil 011$ SpeCIfied. and Ihe above wDrk 10 be performed In ac<=ol'dc1nCl:l with tho drawinas and
spe~~~uo~SUEk'~7S;&~~Z;;~bstantlal workmanlike rna::~f~: lhe;i ;~I?Di>
with payments to be as follows ~
:',:';"',.;.;: = :~'::;.:::;-,"~::;";"';;;:-= Ao_" ~_d ~~ ~ _. _ _
;~...:: =:.=~..:..~" -"'- -- Per ---~~.~~C,e1~
Nota. Tnls propa=al may be wtlh<<1fflWI1 by 1J!ilII nol .;CC',splf!n wilhin~.__~days.
ACCEPTANCE OF PROPOSAL
The nbove pl'ic9S. speeifiealioml and c:ondItloTls 31't,l satts1actory l!Iru:1 ,,"" I1eI'P.tJy llCCf!pte(l, '(OLlBre ault10rlzed 10 do the worit as ~9Il. paymentls'\\IIl
bo /TIede as oulllned ~.
SIGNATURe
DA1C
SIGNATURE"
.. _r 9046a
I
I
06/14/2006 15:45
5612437386
DELRAY BEACH GOLF
PAGE 05/12
Gilbert, Clayton
From:
Sent:
To:
Subject:
Scott Miller [scoty58@yshoo.com]
Monday, April 24, 2006 8:51 PM
Gilbert, Clayton
Re: Defray Swim and Tennis Center
I will stick to my original proposal.
.scott
--- "Gilbert, Clayton" <Gilbert@c1.delray-beach.fl.us>
wrote:
> If you are interested, please quote on the following
> repair job at the
> Delr.a,y Swim and Tennis Center:
>
>
>
> Concrete Repair; see the attaChed pictures.
>
>
>
> The general scope of work is:
>
>
>
> Press'ure clean, removal of loose material, repair
> cracks, re-skim entire
> area, re-apply and stain with a non-Skid, low
> rnaint,;!nance texture; plus
> any O"l;her item (s) needed to make the area look new.
>
>
>
> Thank you,
>
> Clayt<m Gilbert
>
>
>
>
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
1
. 06/14/2006 15:45
I'IHT-l:::')-~~"'b i:2!:l:H
5612437386 DELRAY BEACH GOLF
FROM:BOYD S. BOGGESS, INC SG127806~2 TD=243731q
PRQP()SAL .._.
Boyd Stuart Boggess Proposal No_ 01
License #CGC60433
Custom Woodwork, Construction Management Sheet No.Ol
777 E. Atlantic Ave. Suite Z #227 Delray Beach, FL 33483 (561) 245-1193
Prop~~ubmitted To
Name City ofDelnIY Beac:h Public Works
Street 434 S. Swinton Ave
City Delray Beach
Sltate Ft 33444
Telephone Number attn. Clayton 243.7339
--- r ..--- ._-- WarkTOB~::~a~:
Street Delray Tennill and Swim Center
City
Slate:
Date of Plans
Architect
We hereby propose to furnish the materiali!l and perform the labor necessary for lbc coll1pletion of
Refurbish cool deck delaminstion on all gr&IId.,tand areas around courts
Related courts arc to be coveml and cleaned between staw!s .
All cool deck Is to be removed
Remove paint and or bonding agent by saudblasting
Skim coat whenll necessary
Apply spray deck
Apply 2 coats color seal ( any color )
SO% upon slgoing
SO% upon completion
39,875.00
PAGE 08/12
P.l
I
....1
.j
]
I
l
A 11 material is guaranteed 10 be as specified, and the above work to be performed in accordance with the drawings and
s]'J,ecifications submitted for above work and completed in a substantial workmanlike manner for the !lum of
Thlllar3 ($ )
With payments to be made: as follows:
A"":i a1ler11tion or dcWdioft floom Iboft specifiCldioas imol.ill. ClltnI cosc RcspectfuJIy submitted
will be elllccutcd only upoIl writ1aI atdm'. IIlld will become BIl CllUa c:llarge
Q\Iler and IIllcrv!: !he~. AU ~ CIOIIfin-a IIJIOrIlIll'llm.. .......
ACCEPTANCE OF PROPOSAL
'TlMIllbove pri~ specifications and conditions are satisfactory and are hereby accopt:ed. You are aldhorized to do the work as
specified. Payments will be "..Ide as outlined above.
Signature
Date
Signature
Past Due ACCOWlts will be charged 8t 1.5% per month.
....._--~ . - *__M__.---.....____..
05/1~/2005 15:45
5512437385
DELRAY BEACH GOLF
PAGE 10/12
q. iE'andolph & %'ewdney
- 8onstruction IDe..
1191 N. Federal Highway, Ste #1
Delray Beach, FL 33483
(561) 2794885 .. FAX; (561) 279-4885
PROPOSAL
-
PROPOSAL SUBMITTED TO:
City of Delray Beach
100 NW 1st Avenue
Delray Beach I FL 33444
A TTN: Clayton Gilbert
PHONE
(561) 243-7339
DATE
09/23/05
JOB NAMEJ\...OCATlON
Detray Swim & Tennis Center
We hereby submit specifications and estimates for the following:
.. Remove all existing spray deck and paint material to the bare concrete.
.. Sand blast the concrete surface.
.. Acid wash the concrete surface to open concrete pores for proper bonding.
.. Base coat concrete surface 1/8 to 1/4 thickness.
.. Apply spray deck texture.
* Apply two coats of concrete stain/sealer (standard colors).
.. Remove all debris from site.
(Proposal based on 9,OOOsqft of area to include 10% waste) ..........................$54,500
Texture Stucco 2568sqft of the face of walls around the
tennis court area............. .................. ............................. ....... .................. ....$7,820
Paint textured stucco area only (1 coIOr)........................................u.............u..~-'200
TOTAL
$66,520
We Propose complete in accordance with the above specifications, for the sum of:
SixtyRsbc Thousand, Five Hundred Twenty Dollars & 00/100 cents,.. ... ... ....., ... ... ($ 66.520.00).
Payments to be made as follows:
10% - Mobilization 90% - Balance upon Completion
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard practices. Any alteration or deviation from above specifications involving
extra costs, will be executed only upon written orders, and will become an extra charge over and
above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.
This proposal subject to acceptance within 20 ~nd is void ther fter at the p. .on the undersigned.
Authorized Signature
gela Ran olph
Acceptance of Proposal - The above prices, specifications and conditions are here by
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Date of .~ptance:
Signature
06/14/2006 15:45 5612437386
SENT BV.: CASTL~ FLORIOA;
DELRAV BEACH GOLF
581 272 0117j JUN-2-0B 9:20AM;
PAGE 12/12
PAGE 2/2
CASTLE
FlOHIOA
GENERAL CONTRAClUR
160 N_ Swinton Avenue-Suite 100 . Delray Beach, FL ~3444 . 561.272.1207
e-mllil: c8stle@cUtleflorlda.com. www.c8:dle"orids,com' Fal(: 561.272.0117
June I, 2006
Mr. Clayton Gilbert
Building Maintenance Superintendent
434 South Swinton AlIe.
Delray ~ Florida 33444
Re: Delray Swim and Tennis
Dear Mr. Gilbert,
At this time Castle Florida Building ColpOration is unable to provide you with a proposal
for the Swim and Tennis repair work. Thank yuu again for your consideration.
Sincerely,
(jJf~
John Suteu
Vice President of Construction
Castle .F1orida Building Corp..
AGENDA ITEM NUMBER:
)S\'l\ ~
AGENDA REQUEST
Request to be placed on: July 11, 2006
Date: June 21, 2006
XX Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve the cleaning and repair of the textured concrete at the
Delray Swim and Tennis facility. The cost for the repairs will be $18,250.00 per estimate/quote,
dated 01/24/2006 and confirmed on 04/24/2006 from P.B. Deco Concrete.
ORDINANCE/RESOLUTION REQUIRED:
YES
NO
x
Draft Attached:
YES
NO
Recommendation:
Staff recommends the approval of $18,250.00 to P.B. Deco Concrete for the cleaning and repair of
the textured concrete at the Delray Swim and Tennis facility.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Q~ No
Funding alternatives: (if applicable)
Account Number: 001-4215-575-46.90
Account Description: ~ (~( 'I- ,wUjt~ u.---
$/~ 2~{) Qi~i7~sbr-
Account Balance:
City Manager Review:
Approved for ~a& ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
cA
&t1
FROM:
DAVID T. HARDEN, CITY ~
PAUL DORLlNG, A1CP, D(R~TOR OF PL
SCOTT D. PAPE, SENIOR PLANNER
ING AND ZONING
+>r--
TO:
THRU:
SUBJECT: MEETING OF JULY 11, 2006
CONDITIONAL USE REQUEST TO ALLOW A PRIVATE BEACH CLUB WITH
ATTENDANT RECREATIONAL. DINING. AND RELATED ACCESSORY
FACILITIES IN THE RM (MULTIPLE FAMILY - MEDIUM DENSITY
RESIDENTAL) DISTRICT ON THE EAST SIDE OF SOUTH OCEAN
BOULEVARD (STATE ROAD A-1-A). SOUTH OF CASUARINA ROAD (400
SOUTH OCEAN BOULEVARD).
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State Road A-
1-A), west of the Erosion Control Line, and south of Casuarina Road. The area of the property
totals 0.70 acres and is zoned RM. The property contains a pool, a 1,523 square foot
cabana/bath house, and a 7,486 square foot restaurant (5,233 square foot building, 2,253
square foot exterior dining area) that was constructed in 1935.
The current development proposal involves the demolition of the existing restaurant and a
portion of the cabana/bath house and the construction of a two-story 6,794 square foot
restaurant (5,388 square foot building, 1,406 square foot exterior dining area). The
development proposal also includes relocation of the existing valet drop-off area within the
public right-of-way onto the subject property.
The conditional use application includes a waiver request or reduction to the following sections
of the City's Land Development Regulations:
1. LOR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces adjacent to a
valet queue.
2. LOR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a
hedge and trees 30 feet on center between the valet queue and the property line.
3. LOR Section 4.6.9(F)(3)(f), which requires a minimum length of 100 feet for valet drop-off/queuing
area.
4. LOR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of special
documentation that demonstrates a reduced number of parking spaces will accommodate a specific
use.
Each of these waivers or reductions will accompany the site plan to the SPRAB Board for their
consideration. Final action for numbers one through three rests with the City Commission, while
final action on number four rests with SPRAB with their action being appealable to Citv
Commission.
Additional background and an analysis of the Conditional Use request are found in the attached
Planning and Zoning Board staff report.
~f\
At its meeting of June 19, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the Conditional Use request and provided a recommendation on the four
waivers or reductions. After discussing the proposal, the Board provided the following
recommendation to the Site Plan Review and Appearance Board:
Waivers:
1. The Board voted 4 to 2 to recommend denial to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces adjacent to a
valet queue, based on a failure to make a positive finding with respect to LDR Section
2.4.7(B)(5).
2. The Board voted 6 to 0 to recommend approval to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a
hedge and trees 30 feet on center between the valet queue and the property line, based on
a positive finding with respect to LDR Section 2.4.7(B)(5).
Soecial Action:
1. The Board voted 3 to 3 on a recommendation to the City Commission of a reduction to LDR
Section 4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length from 100 feet to
approximately 75 feet.
2. The Board voted 6 to 0 on a recommendation to the Site Plan Review and Appearance
Board to deny the reduction to parking spaces required pursuant to LDR Section
4.6.9(C)(3)(d) by 12 spaces based on LDR Section 4.6.9(F)(1), which allows a parking
reduction upon receipt and acceptance of special documentation that demonstrates a
reduced number of parking spaces will accommodate a specific use.
Conditional Use:
The Board voted 6-0 to recommend approval of the conditional use to allow the private beach
club with attendant recreation, dining, and related accessory facilities in the RM zoning district
for Seagate Beach Club, 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), and Chapter 3 of the Land Development Regulations, subject to the
following modified conditions of approval:
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 vehicles are prohibited from being parked in areas other than designated spaces noted
on the Seagate Residences site plan.
4. That outdoor amplified/non-amplified music is prohibited after 10:00 p.m.
5. That the applicant explores the possibility of expanding the valet queue by 5 feet to provide
dual stacking areas within a portion of the South Ocean Boulevard right-of-way.
6. That the beach chairs be stacked in groups perpendicular to the water line.
7. That an agreement be submitted that delineates the parking relationship between the beach
club and residences.
8. That a parking professional (valet service) be available for vehicle retrieval during business
hours.
9. That all lighting comply with Code of Ordinance Section 91.51 and all windows be tinted to
minimize lighting glow on the beach. All spotlights illuminating the grounds, building, or
beach area are prohibited during March 1st through October 31st. It is further recommended
that lighting standards available from the Department of Environmental Resource
Management and Florida Department of Environmental Protection be followed in the design
of lighting for this building.
10. That the management not prohibit nor discourage access to the State owned beach
seaward of the erosion control line adjacent to this property.
By separate motions:
Waivers:
1. Approve the waiver to LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible
parking spaces adjacent to a valet queue, based on a failure to make a positive finding with
respect to LDR Section 2.4.7(B)(5).
2. Approve the waiver to LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter
landscape buffer consisting of a hedge and trees 30 feet on center between the valet queue
and the property line, based on a positive finding with respect to LDR Section 2.4.7(B)(5).
SDecial Action:
1. Approve the request for relief from LDR Section 4.6.9(F)(3)(f), to reduce the required valet
drop-off/queuing length from 100 feet to approximately 75 feet.
Conditional Use:
Approve the conditional use to allow the private beach club with attendant recreation, dining,
and related accessory facilities in the RM zoning district for Seagate Beach Club, 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), and
Chapter 3 of the Land Development Regulations, subject to the conditions of approval as
modified by the Planning & Zoning Board.
Attachment: P&Z Staff Report and Oocumentation of June 19, 2006
6 letters of support for the project
6 letters of concern for the project
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR SEAGATE BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use and waiver request has come before the City
Commission on July 11, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use and waiver request
for Seagate Beach Club. 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. COMPREHENSIVE PLAN
a. Comprehensiye Plan - Future Land Use Element Obiectiye A-1: This
objective requires that the property shall be developed or redeveloped, in a manner 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.
Is this objective met?
Yes No
b. 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 subject property has a Future Land Use Map designation of GC and is
zoned PC.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
c. 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.
Concurrency as defined pursuant to Objective B-2 of the 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:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
e. Future Land Use Element Policy C-3.4: The City's Coastal Area is one
of its most valuable resources in terms of economic attraction, recreation, and natural
beauty. While action is appropriate to capitalize upon the economic benefits of this
resource, commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Is this policy met?
Yes No
f. Coastal Manaaement Element Obiective D-2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes No
2
II. LDR REQUIREMENTS:
LDR Section 2.4.5(E) ReQuired 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 No
III. WAIVERS:
a. Pursuant to LDR Section 4.6.9(F)(3)(e), valet parking may be utilized to
conform with the number of handicap parking spaces provided that at least two
handicapped accessible spaces are provided adjacent to the vehicle queuing area for
those vehicles that cannot be operated by the parking professional. The development
proposal provides only one handicap accessible parking space adjacent to valet queue.
The applicant has requested a waiver to reduce the number of handicap parking
spaces
Pursuant to LDR Section 2.4.7(B)(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;
(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.
Does the waiver request (reduce the number of handicap parking spaces from 2 to
1) meet all the requirements of 2.4.7(B)(5)?
Yes No
b. Pursuant to LDR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape
buffer consisting of a hedge and trees 30 feet on center must be provided between the
valet queue and the property line and none is proposed. The applicant has requested a
waiver to eliminate this requirement.
Pursuant to LDR Section 2.4.7(B)(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;
3
(b) Shall not significantly diminish the provision of public facilities;
(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.
Does the waiver request (eliminate the 10-foot perimeter landscape buffer) meet all
the requirements of 2.4.7(B)(5)?
Yes No
c. Pursuant to LDR Section 4.6.9(F)(3)(f), a 100 foot valet drop-off/queuing
area must be provided. The applicant has requested a waiver to reduce this
requirement from 100' to 75'.
Pursuant to LDR Section 2.4.7(B)(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;
(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.
Does the waiver request (reduce the valet drop-off/queuing area from 100' to 75')
meet all the requirements of 2.4.7(B)(5)?
Yes 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 LDR
requirements in existence at the time the conditional use request was submitted.
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 _
denies _ the conditional use request and hereby adopts this Order this 11 th day of
July, 2006, by a vote of in favor of denial and opposed.
4
ATTEST:
Chevelle Nubin
City Clerk
Jeff Perlman, Mayor
5
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
June 19, 2006
IV.S.
Conditional Use Request for Seagate Beach Club to allow a private beach club wit
attendant recreational, dining, and related accessory facilities on the east side 0
South Ocean Boulevard, between Casuarina Road and Bucida Road (400 South
Ocean Boulevard).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner......................... HH Properties I, Inc.
Agent......................... Tom Carney
Applicant..................... HHC Florida, LLC
Location.......................... The subject property is located on
the east side of South Ocean
Boulevard, between Casuarina
Road and Bucida Road (400 South
Ocean Boulevard).
Property Size.................. 0.70 acres
Future Land Use Map..... MD (Medium Density 5-12 du/ac)
Current Zoning............... RM (Multiple Family Residential-
Medium Density)
Adjacent Zoning....North: OS (Open Space)
East: OS
South: R-1-AM (Single Family Residential)
West: RM
Existing Land Use.......... Private Beach Club
Proposed Land Use........ Conditional Use request to demolish
the existing restaurant and construct
a new 6,794 sq.ft. restaurant
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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The action before the Board is making a recommendation to the City Commission on
the conditional use request for Seagate Beach Club to allow a private beach club with
attendant recreational, dining, and related accessory facilities in the RM (Multiple Family
- Medium Density Residential) zoning district pursuant to LDR Section 2.4.S(E).
The property is located on the east side of South Ocean Boulevard (State Road A-1-A),
south of Casuarina Road (400 South Ocean Boulevard).
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State
Road A-1-A), west of the Erosion Control Line, and south of Casuarina Road. The area
of the property totals 0.70 acres and is zoned RM. The property contains a pool, a
1,S31 square foot cabana/bath house, and a 4,716 square foot restaurant that was
constructed in 1935.
At its meeting of August 16, 200S, the City Commission approved Ordinance 62-0S,
which amended the Land Development Regulations to allow private beach clubs as a
conditional use for certain areas that included this property in the RM zoning district.
At its meeting of April S, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan application for the demolition of the Seagate Hotel on the west of
South Ocean Boulevard and the construction of a 30-dwelling unit multiple family
development. The first floor parking area of this development will be owned by the
owner of the beach club and includes a surplus of 84 parking spaces that will be utilized
by the beach through valet service.
The current development proposal involves the demolition of the existing restaurant and
a portion of the cabana/bath house and the construction of a two-story 6,794 square
foot restaurant. The development proposal also includes relocation of the existing valet
drop-off area within the public right-of-way onto the subject property.
The conditional use application includes a waiver request or reduction to the following
sections of the City's Land Development Regulations:
1. LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue.
2. LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center between the valet queue and the
property line.
3. LDR Section 4.6.9(F)(3)(f), which requires a minimum length of 100 feet for valet
drop-off/queuing area.
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 2
4. LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and
acceptance of special documentation that demonstrates a reduced number of
parking spaces will accommodate a specific use.
The applicant has submitted a conditional use application and two waiver requests for
this private beach club, which are now before the Board for consideration.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR 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
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 MD (Medium Density 5-12 du/ac) Future Land Use Map
designation and RM (Medium Density Residential) Zoning District designation.
Pursuant to LDR Section 4.4.6(D)(11), Private Beach Clubs are allowed as a conditional
use in the RM 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 and sewer service is available to existing 8 inch mains along
South Ocean 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.
Drainaae: 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 an exfiltration trench located within the South Ocean Boulevard right-of-way. A
technical item is attached that the exfiltration trench be relocated onto the subject
property in accordance with the City Engineer's direction. There are no problems
anticipated in retaining drainage on site and obtaining any/all necessary permits.
Planning and Zoning Board \:>(aff Report
Seagate Beach Club - Conditional Use Request
Page 3
Traffic: A traffic statement has been submitted that indicates that the proposed
development will generate an additional 60 average daily trips and 5 additional p.m.
peak hour trips. 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 concern with respect to traffic concurrency.
Thus, a positive finding of concurrency can be made subject to the condition that a letter
to effect is received from the Palm Beach County 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
recreation facilities at build-out to meet the adopted standards". Since the beach club
does not include a residential component, there will be no impact on this level-of-
service.
Solid Waste: The existing 4,716 restaurant and 1,531 square foot cabana/bath house
generate a total of 68 tons of solid waste annually. The proposed 6,794 square foot
restaurant and 640 square foot cabana/bath house will generate a total of 89 tons of
solid waste annually, which is a net increase of 21 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: School concurrency is not applicable since there is no residential component
to the proposed development.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LDR 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.
As noted previously, the club appears to have been first established in 1935 with the
construction of the restaurant. The proposed restaurant will be constructed essentially
within the same foot print as the existing structure. There are no physical concerns with
the proposed redevelopment of the property. However, the City has received the
attached letters that express concerns with the compatibility of the proposed
redevelopment. During review of the project, the issue of inadequate parking has been
repeatedly expressed from residents of the neighborhood. It is noted that the existing
Planning and Zoning Board \:>(aff Report
Seagate Beach Club - Conditional Use Request
Page 4
beach club and hotel are currently nonconforming with respect to parking. This results
in vehicles being parked in swale areas adjacent to the hotel. The elimination of the
hotel and construction of the surplus parking spaces with the condominium
redevelopment should alleviate the parking situation. However, a condition of approval
is attached that vehicles are prohibited from being parked in areas other than
designated spaces noted on the Seagate Residences site plan. The adjacent property
owner to the south of the beach club has expressed concerns with respect to noise
originating from the club; beach chairs remaining on the public beach (east of erosion
control line) over night; and inadequate valet queue causing vehicle back-up along
South Ocean Boulevard in front of his property. A condition of approval is attached that
outdoor amplified and nonamplified music is prohibited and that the beach chairs are
collected and stored west of erosion control line overnight. The Board may want to
consider limiting the hours of operation of the balcony and patio to restrict access such
as 10:00 p.m. Further, the adjacent property owner requested that some design
element be implemented to prevent club members from using the beachfront west of the
mean high water line in front of his property. Pursuant to Florida Statute 161.191, the
ownership of the property between the high water line and the established erosion
control line is vested in the State. This area extends eastward more than 400 feet east
of the high water line. Therefore, preventing club members from accessing the public
beach between the mean high water line and the erosion control line is not appropriate
as the public including the beach club members are welcome in this area. A barrier
preventing access is not appropriate and will not be required. However, in order to
mitigate the impact of the beach club, a condition of approval is attached that the 8-foot
high wall currently proposed along the south property line should be extended eastward
to the erosion control line.
Future Land Use Element Policy C-3.4: The City's Coastal Area is one of its most
valuable resources in terms of economic attraction, recreation, and natural
beauty. While action is appropriate to capitalize upon the economic benefits of
this resource, commercialization and promotion shall not occur to such an extent
that they diminish this beach resource.
The proposed 6,794 square foot restaurant will be constructed within the same general
footprint as the existing 4,716 square foot restaurant. The proposed expansion of the
restaurant will not diminish the value of the coastline as an economic, recreation, and
aesthetic asset to the City.
Coastal Manaaement Element Obiective D-2: There shall not be any development
upon the barrier island which shall reduce hurricane evacuation time beyond its
present level or which shall lower the level of service at the intersections of SR A-
1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
The upgrading of the existing beach club facility or the establishment of a new club will
not affect hurricane evacuation times on the barrier islands. Hurricane evacuation times
are primarily impacted by the number of dwelling units as residents attempt to leave the
area for safer accommodations.
Planning and Zoning Board ~(aff Report
Seagate Beach Club - Conditional Use Request
Page 5
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR 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 OS (Open Space); on the south
by R-1-AAA (Single Family Residential); on the east by RM (Multiple Family Residential
- Medium Density); and the east by the ocean. The adjacent land uses include: City
and State beach to the north and east; single family residential to the south, and
Seagate Hotel (proposed condos) to the west.
As noted previously, the surrounding neighborhood has experienced chronic problems
associated with the beach club and associated hotel on the west side of South Ocean
Boulevard. The principal issues relate to inadequate parking on the hotel site,
inadequate valet queue at the beach club, and nuisances generated by the beach club
such as noise and private use of the State beach.
The redevelopment of the hotel site to condominiums and resulting reduction in intensity
will help alleviate the parking problems associated with both the hotel and the beach
club. The applicant proposes to relocate the existing valet queue within the right-of-way
of South Ocean Boulevard onto the subject property. Given the configuration of the
property, the provision of a proper valet queue is problematic. The provision of a dual
valet queue would increase the performance of the queue by providing a drop-off and
pick-up lane. The applicant should explore the possibility of increasing the valet queue
5 feet into the South Ocean Boulevard right-of-way with the Florida Department of
Transportation. This will increase the valet queue width to 20 feet and provide sufficient
area for dual lanes. A condition of approval is attached that the applicant at least
explore this option. In order to better buffer the beach club from the single family
residence to the south, the 8-foot high wall along the south side of the property should
be extended eastward to the erosion control line and this is attached as a condition of
approval. Further, to enhance compatibility a condition is attached that outdoor music
including amplified or un-amplified should be prohibited. The Board may also want to
consider restricting the use of the balcony and patio by limiting the hours of use
(restricting late night utilization). Finally, the adjacent property has indicated that a
nuisance is generated by the beach club when their beach chairs are left on the State
beach. These beach chairs also negatively impact turtle nesting (March 1st through
October 31st) when they are stacked parallel to the water line. Therefore, a condition of
approval is attached that the beach chairs be stored west of the erosion control line at
night and that they are stacked in groups perpendicular to the water line.
Planning and Zoning Board -=>taff Report
Seagate Beach Club - Conditional Use Request
Page 6
In conclusion, the proposed redevelopment of the beach club and the associated
Seagate Hotel will reduce the negative impact on the surrounding neighborhood if
approved as recommended by staff. Aside from the Seagate Hotel, the only other
developed property adjacent to the beach club is the single family residence to the
south. The proposed redevelopment of the beach club will not hinder the development
or redevelopment of this property.
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 LDR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the Medium Density Residential (RM) zone district:
Front
Side Interior (North)
Side Interior (South)
Rear
25'
15'
15'
25'
40%
25%
25'
303'
15'
49'
14.3%
61.6%
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(d), the required parking for the 6,794 square foot
restaurant is 84 spaces. Pursuant to LDR Section 4.6.9(C)(6)(d), the required parking
for the 640 square foot cabana/bath house is 13 spaces. The total required parking for
the proposed redevelopment is 97 parking spaces. The reconfiguration of the valet
queue results in the provision of one handicap accessible parking space on-site. The
remainder of the parking spaces will be provided off-site at the Seagate Residence
property located on the west side of South Ocean Boulevard. The Seagate Residence
project was approved with a surplus of 84 parking spaces. The beach club patrons
vehicles will be parked by valet attendants. Given the one handicap accessible space
on-site and the 84 surplus spaces, the proposed beach club is 12 spaces deficient.
Pursuant to LDR Section 4.6.9(F)(1), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking
spaces will accommodate a specific use, the body which acts on the attendant site plan
may reduce the parking requirements accordingly. The applicant has submitted the
attached letter dated June 9, 2006 as the "special documentation" to justify the reduced
Planning and Zoning Board ~:)laff Report
Seagate Beach Club - Conditional Use Request
Page 7
number of parking spaces. The applicant bases the proposed reduction of 12 parking
spaces on four points. The applicant notes that the proposed development is in effect a
shared parking configuration with the Seagate Residences on the west side of South
Ocean Boulevard. This is a compelling argument since the City would require only one
space per unit to be reserved for each residential unit if the project were located in the
CBD (Central Business District), GC (General Commercial), and PC (Planned
Commercial) zoning districts and the other approximately 1.5 spaces per units would be
part of a shared parking calculation. This would allow 43 of the 73 parking spaces
required for the 30-dwelling units to counted toward shared parking. It is reasonable to
infer that not all of the 30 dwelling units will have two vehicles and that the guest spaces
will not be fully occupied at all times. Based on this logic it is likely 12 or more spaces
currently allocated for residential units would be available for beach club use. It is also
noted that the peak usage of the restaurant generally differs from the peak usage of the
beach club/cabana/pool house, which requires 13 parking spaces. Further, the
applicant indicates that due to the membership only beach club the restaurant does not
function the same as a standard sit-down restaurant and, therefore, does not warrant
the same parking calculation. The applicant has made a sound argument for the
reduction of parking based on the functional surplus of parking spaces, differing hours
of operation and the characteristics unique to the beach club restaurant. Since the
parking will be located off-site, a condition of approval is attached that a tri-party
agreement be submitted that delineates the parking relationship between the beach
club and Seagate Residences.
Valet Parkina:
As noted previously, the proposed development utilizes a valet for the parking of club
member vehicles. The applicant has indicated that the drive aisle along the west side of
South Ocean Boulevard will be utilized for stacking of vehicles during peak hours.
Given the pedestrian danger involved in crossing South Ocean Boulevard, a condition
of approval is attached that valet service be available during all business hours.
Handicap Accessible Parking:
Pursuant to LDR Section 4.6.9(F)(3)(e), valet parking may be utilized to conform with
the number of handicap parking spaces provided that at least two handicapped
accessible spaces are provided adjacent to the vehicle queuing area for those vehicles
that cannot be operated by the parking professional. The development proposal
provides only one handicap accessible parking space adjacent to valet queue. The
applicant has requested a waiver to reduce the number of handicap parking spaces
Pursuant to LDR Section 2.4.7(B)(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;
(c) Shall not create an unsafe situation; and,
Planning and Zoning Board .staff Report
Seagate Beach Club - Conditional Use Request
Page 8
(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:
"..the Seagate Beach Club is all valet, and has never experienced a problem with any
vehicle not being able to be operated by the parking professionals. Notwithstanding the
foregoing, we have provided for one handicap space adjacent to the queuing area
which we believe to be sufficient based upon prior experience."
It is noted that the private beach club is limited to members as opposed to open to the
public. The parking needs of the club members are known to the valet service, where a
public valet queue could never be prepared for special parking needs. The one
handicap parking space should be sufficient to accommodate the stated needs of the
club. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5)
can be made.
Valet Queue Length:
Pursuant to LOR Section 4.6.9(F)(3)(f), a valet drop-off/queuing area must be provided
with a minimum length of 100 feet. Greater queuing area may be required as a
condition of site plan or conditional use approval based upon the intensity of the use.
The length of the queuing area may be reduced when supported by a traffic study. The
proposed valet queue is approximately 75 feet long. The applicant submitted a traffic
study that indicates:
'~s documented in the traffic study, a maximum of approximately 44 inbound vehicles
are associated with the beach club during the peak hour. This translates to
approximately one vehicle every one and one-half minutes. Due to the low inbound
vehicular demand anticipated at the beach club driveway, a stacking for two vehicles
should be sufficient in order to accommodate the inbound vehicular demand.
Therefore, 40 to 50 feet of stacking should be adequate to accommodate the traffic
generated by the beach club."
Based on the applicant's traffic engineer's statement, the proposed reduction is
supportable. As noted previously, additional remote stacking is provided on the west
side of South Ocean Boulevard.
Perimeter Valet Landscape Buffer:
Pursuant to LDR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center must be provided between the valet
queue and the property line and none is proposed. The applicant has requested a
waiver to eliminate this requirement.
Planning and Zoning Board staff Report
Seagate Beach Club - Conditional Use Request
Page 9
Waiver Analvsis:
The applicant has submitted the following narrative in support of the waiver request:
"Please note that this letter is being supplied in the abundance of caution since we
believe we have met the LOR requirement for landscape buffering. We have supplied
more than the required amount of landscaping as per our submitted Landscape plan.
The issue has been raised that, due to the fact that the landscape buffer is located
within the Florida Department of Transportation (FOOT) Right-ot-Way, we do not meet
the Code provision. We believe this is an interpretive matter and note that the LOR
section states only that it needs to be provided. There is no prohibition noted against
using the FOOT right-of-way as the landscape buffer.
Prior to the submission of the site-plan, we confirmed with the FOOT of our intention to
use the right of way as a buffer and there were no objections, so long as the design and
materials meet FOOT requirements.
As you will note from the submitted site plan, there is 13 feet of buffer from A-1-A to the
side walk, a five foot side walk, and then an additional 15 feet from the edge of the
sidewalk to the valet queuing area (for a buffer space of 33 feet).
Our use of the right-of-way was principally due to the tact that the proposed structure is
set back as far as it could reasonably be set back. As you know, to the east of the site
is the Erosion Control Line and to the west is the FOOT right of way. These facts
coupled with the very irregular dimension of the site necessitated the use of the FOOT
right-of-way as the buffer."
With the proposed redevelopment, the applicant is required to relocate the valet queue
onto the subject property. Given the configuration of the property, compliance with this
regulation is problematic. The solution to the problem proposed by the applicant will
provide an effective buffer to the valet queue and maintain the required landscaping
within the right-of-way. It is noted that the applicant will need to provide a hold
harmless and landscape maintenance agreement and this is attached as a technical
item. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5)
can be made.
The proposed development is not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Site Plan Review and Appearance Board:
If the Conditional Use requests are approved, a site plan application will be processed
for the development proposal, with final action by SPRAB.
Planning and Zoning Board ~taff Report
Seagate Beach Club - Conditional Use Request
Page 10
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Neighborhood Advisory Council
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Chamber of Commerce
~ Via Marina
~ Beach Property Owners 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 and e-mail that expresses
concerns with respect to the proposed redevelopment of the beach club. 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 concerns regarding the compatibility
of the beach club with the surrounding neighborhood. There are several conditions of
approval that address improving the compatibility with these neighbors. The applicant
has requested a special parking reduction based on the effective parking that will be
available within the Seagate Residence parking facility and the unique nature of the
private membership beach club restaurant facility. This reduction is supportable based
on the shared parking spaces that will be available and the members-only aspect of the
restaurant. In summary, the proposed development is an adaptive reuse of the property
that is constrained by the oddly shaped property. 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.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM (Multiple Family - Medium Density Residential) for
Seagate Beach Club, 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), and Chapter 3 of the Land
Development Regulations.
Planning and Zoning Board staff Report
Seagate Beach Club - Conditional Use Request
Page 11
C. Move a recommendation of denial to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM zoning district for Seagate Beach Club, 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), and Chapter 3 of the Land Development Regulations.
Waiver:
1. Move a recommendation of approval to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue, based on a positive finding with respect to LDR Section
2.4.7(B)(5).
2. Move a recommendation of approval to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center between the valet queue and the
property line, based on a positive finding with respect to LDR Section 2.4.7(B)(5).
Special Action:
1. Recommend to the Site Plan Review and Appearance Board approval of a reduction
to LDR Section 4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length
from 100 feet to approximately 75 feet.
2. Recommend to the Site Plan Review and Appearance Board approval of the
reduction to parking spaces required pursuant to LDR Section 4.6.9(C)(3)(d) by 12
spaces based on LDR Section 4.6.9(F)(1), which allows a parking reduction upon
receipt and acceptance of special documentation that demonstrates a reduced
number of parking spaces will accommodate a specific use.
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM zoning district for Seagate Beach Club, 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), 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;
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 12
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division
with respect to a finding of concurrency.
3. That vehicles are prohibited from being parked in areas other than designated
spaces noted on the Seagate Residences site plan.
4. That outdoor amplified/nonamplified music is prohibited.
5. That the 8-foot high wall along the south property line be extended eastward to the
erosion control line.
6. That the applicant explores the possibility of expanding the valet queue by 5 feet to
provide dual stacking areas within a portion of the South Ocean Boulevard right-of-
way.
7. That the beach chairs be stored west of the erosion control line at night and that they
are stacked in groups perpendicular to the water line.
8. That a tri-party agreement be submitted that delineates the parking relationship
between the beach club and residences.
9. That a parking professional (valet service) be available for vehicle retrieval during
business hours.
10. That outside utilization of any outside dining area not extend past 10:00 p.m.
11. That all lighting comply with Code of Ordinance Section 91.51 and all windows be
tinted to minimize lighting glow on the beach. All spotlights illuminating the grounds,
building, or beach area are prohibited during March 1st through October 31st. It is
further recommended that lighting standards available from the Department of
Environmental Resource Management and Florida Department of Environmental
Protection be followed in the design of lighting for this building.
12. That the management not prohibit nor discourage access to the State owned beach
seaward of the erosion control line adjacent to this property.
Attachments:
. Exhibit U A"
. Conceptual Plans
. Location Map
. Letter from Thomas Carney, Jr. dated June 9, 2006
. Letter from Joaquin E. Vargas, dated January 20, 2006
. Letters & E-mail of concern
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 13
1. That a composite utility plan is provided that includes the proposed landscaping.
2. That the exfiltration trench be relocated onto the subject property in accordance with the City
Engineer's direction.
3. That the redevelopment complies with the development standards of the State of Florida
with respect to the encroachment into the Coastal Construction Control Line.
4. That all conflicts between landscaping and utilities and all physical improvements to the
property are resolved in accordance with direction by the City Horticulturalist and City
Engineer.
5. That the dumpster be redesigned so the doors do not face the public right-of-way.
6. Tree species shall be a minimum of 12 feet in overall height at the time of planting, with a
minimum of 4 feet of single straight trunk with 6 feet of clear trunk, and a 6-foot spread of
canopy. Native tree species shall be permitted to be 10 feet in height at the time of planting,
with a minimum of 4 feet of single trunk, and a 4-foot spread of canopy when it can be
demonstrated that tree 12 feet in height are not available. Because there is a shortage of
larger trees, the applicant shall provide a substitute species if the particular tree species that
was indicated on the plan is unavailable.
7. Palms must have an overall height of a minimum of 12 feet and a minimum of 6 feet of clear
trunk at the time of planting. Minimum overall palm height may be increased if palms are of
a nature that the fronds hang below an 8-foot clearance, and are further, located in an area
where pedestrians may be adversely affected by the fronds. The proposed Thrinax palms
do not meet this requirement. The applicant shall propose a substitute species that will
meet minimum standards if these palms are being counted in the calculations.
8. That the illumination levels are noted on the photometric plan.
9. That the sight visibility triangles (LDR Section 4.6.14) are graphically noted on all plans.
10. Thatthe drainage facilities are relocated onto the subject property.
11. That a hold harmless agreement is provided for the landscaping with the public right-of-way.
12. FDOT permits are required for this project. Submit copy of FDOT pre application letter to
City Engineer.
13. Provide FEMA Flood Plain designation for the property, the base flood elevation, and a
statement as to how the provisions of the Flood Damage Regulations (Section 4.5.4) will be
met.
14. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water
will be retained on site. See LDR Section 2.4.3 (D) (4) and (7).
Planning and Zoning Board ~taff Report
Seagate Beach Club - Conditional Use Request
Page 14
15. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3).
16. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
17. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed
cross-visibility at a level between 3' and 6'" this includes tree trunks.
18. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
19. Indicate location of irrigation water meters (east of 1-95 only).
20. A cleanout will be required on the proposed sewer service at the right-of-way line and/or
easement line.
21. Indicate typical configuration and location of proposed sewer services with c1eanouts.
22. Provide note on both the Engineering Plans and the Landscape plans that there shall be no
trees or shrubs placed within water, sewer or drainage easements. Verify that no
landscaping is planted within these easements.
23. Developer to ensure that no landscaping is planted over any exfiltration trenches.
24. Provide traffic statement or study per LDR 2.4.3 (E).
25. Show all easements on landscape plans.
26. Provide a detailed description of how each of these comments has been addressed with
next submittal. Submit two sets of revised plans to the City of Delray Beach Engineering,
434 S. Swinton Avenue, Delray Beach, FL 33444.
27. Final Engineering comments will be generated after submittal of final engineering plans.
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CITY Of DELRA Y BEACH. fL
PLANNING & ZONING DEPARTlAENT
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MAP REF: LM898
THE CARNEY LEGAL GROUP, P.A.
Attorneys At Law
Thomas F. Carney, Jr.
Also admitted in MA
901 GEORGE BUSH BOULEVARD
DELRA Y BEACH, FLORIDA 33483
TEL: (561) 278-5565
FAX: (561) 330-8233
EMAIL: tfc@carneylegalgroup.com
Peter H. Carney
Also admitted in NIl & MA
June 9, 2006
RECEIVED
JUN 0 9 2006
Mr. Paul Dorling
Director, Planning & Zoning Department
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
PLANNING & ZONING
Re: Request for Reduced Parking Requirement - Seagate Beach Club
Dear Paul:
This letter is a supplement to our earlier submission requesting that the parking requirement for
the above-referenced site plan be reduced pursuant to Section 4.6.9(F)(1) of the Land
Development Regulations of the City of Delray Beach, Florida.
Although the beach club is being individually considered in this Conditional Use Application, it
is part of the larger redevelopment of not just the beach club, but the construction of 30
residential units at the site of the old Seagate Hotel. In addition to the required handicap parking
spaces, included in the site plan for this project is an underground parking garage containing 125
spaces and surface parking with 31 spaces, for total of 156 parking spaces being provided. There
It is the intent that the beach club will utilize both a portion of the surface parking and a portion
of the underground parking in its operations. Included in the conditions of approval for the
Seagate Residences is a requirement that a parking agreement be established between the beach
club and the Seagate Residences ensuring that the requisite number of spaces would be provided
to each facility.
For the reasons stated in this letter, we believe it is appropriate and reasonable to grant a
reduction in the number of parking spaces which would normally be required pursuant to the
Land Development Regulations.
Essentially, there are four reasons which we submit as special documentation to support our
request. In particular, the reasons are as follows:
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of AlA
which has created a non self-imposed hardship.
1
2. Projects of this type have typically been afforded the opportunity to utilize a shared parking
analysis.
3. An actual parking study conducted during the busiest week of the year indicated that the
actual number of vehicles being parked was less than the amount required pursuant to the LDR's.
4. The parking calculations for the "restaurant" are the same calculations as if the restaurant
were "public".
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of
AlA which has created a non self-imposed hardship.
The Seagate Beach Club has been in existence in its current location for over 60 years. The
Beach Club and the Seagate Hotel (a 70 suites hotel across the street from the Seagate Beach
Club) have shared parking during this entire period. Currently, there are 99 parking spaces
available for use by both the Seagate Hotel and the Seagate Beach Club.
In early 2005, it became apparent that the proposed widening of AlA would cause a material
adverse affect on the current (and historical) operations of the Seagate Beach Club. The Seagate
Beach Club has traditionally operated a 100% valet parking service (that is, all of the patrons of
the Seagate Beach Club utilize the valet parking service which is situated in front of the Club
abutting AlA). The widening of AlA will essentially eliminate the ability of the Seagate Beach
Club to operate its valet parking service in its current fashion. Although it has been remarked
that the Beach Club could merely move its entrance back to accommodate the widening of AlA,
the way the Beach Club is currently constructed eliminates this as a practical option. As it is, the
Beach Club sits on a portion of the Department of Transportation ("DOT") right-of-way. It
would become, essentially, impossible to create any type of drop-of in front of the Club after
A IA is widened.
In response to attempting to address the negative impact which is being created by the road
widening and, at the same time, take into account the needs of the Club, its patrons, the users of
AlA, and the neighborhood, it was decided to reconfigure the Beach Club in such a fashion so
that it would be significantly "stepped back" from AlA to better address any traffic concerns and
to significantly reduce the stacking of cars as they would be dropping off patrons (removing
these cars from impacting AlA).
In deciding to move the Beach Club back, however, it became apparent that, as a result of the
current setback requirements, coupled with the limitations on construction due to the coastal
construction line and the beach erosion line to the east, the Club would be left with only a sliver
of property to maintain operations. The only solution was to reconfigure the entire Club creating
a second floor. I use the term "reconfigure" since this is, in reality, what is happening. This
should not be deemed "new construction" in the conventional sense. Under the circumstances, it
should be considered as essentially a reconfiguration of the existing floor space while taking into
account the particular limitations which this site must endure (the beach erosion line; the
construction control line; the setbacks against the DOT right-of-way). Clearly, the limitations of
2
this site have created a non-self imposed hardship for the Seagate Beach Club. But for the road
widening, the Beach Club would not undergo any of this. At best, this is "reconstruction" under
very special circumstances.
The resulting design accomplishes sufficient setback, a more aesthetically pleasing building, and,
at the same time, adds minimal additional square footage to the Beach Club restaurant
operations. Using a very simplistic analogy, the 'squeeze' resulting from the road widening to
the west and the beach erosion line to the east, what is being done is like taking a flat (one-
storey) piece of play dough and squeezing it to make a smaller footprint at the bottom but a taller
piece.
Since this reconfiguration is a direct result of the widening of AlA, imposing new parking
requirements as if this were truly "new construction" is not fair to the Beach Club, since the
hardship was not of the Club's making. It should be noted that there is no increase in the square
footage of the reconfigured dining rooms. Currently, the Club has approximately 6,700 square
feet of floor area. The proposed reconfiguration provides for approximately 6,794 square feet of
floor area.
As mentioned, the current parking for both the hotel and the Beach Club is 99 spaces. Utilizing
the 0.7 spaces per hotel room analysis under the current LDRs, the total required parking for the
hotel would be 49 spaces (70 hotel rooms multiplied by .7 spaces per room). This means that the
total parking currently available to the Beach Club is 50 spaces. With the construction of the
new parking garage and surface parking areas at the Seagate Residences, the total parking will
now be 156 spaces to serve both the 30 condominium residences and the Beach Club. The
condominium residences, as per the approved site plan, requires 73 parking spaces. This leaves a
total of 83 parking spaces available for the Beach Club, or more than double the number of
spaces currently available.
Accordingly, it is our belief that no additional parking should be required by the mere fact of the
reconfiguration or "reconstruction under very special circumstances" of the Beach Club which is
a direct result of the widening of A-I-A, and that the parking being provided in the surface
parking area and the parking garage in excess of what is required by the Seagate Residences is
ample under the circumstances.
2. Projects of this type have typically been afforded the opportunity to utilize a shared
parking analysis.
As mentioned above, LDR Section 4.6.9(F)(1) provides, "when, upon receipt and acceptance of
special documentation, it is conclusively demonstrated that a reduced number of parking spaces
will accommodate a specific use, the body which acts on the attendant site plan may reduce the
parking requirements accordingly".
The LDR's themselves provide for one competent methodology: the shared parking analysis in
LDR 4.6.9(C)(8).
3
Section 4.6.9(C)(8) provides that when a building, or combination of buildings, is used for both
residential and commercial purposes and is located within the CBD, GC, or PC zoning district,
the minimum total number of required parking spaces may be determined by the formula
provided in that Section. In this case, although the property is not located is not located within
one of those three zoning districts, the LDRs recognize that it is appropriate to use formula
which considers actual parking uses in a mixed use project.
The shared parking concept was developed by the City of Delray Beach because the City
recognized that, in certain types of projects (notably, mixed use projects), pure interpretation of
the code in imposing parking standards didn't really correspond to (or take into account) how the
parking would generally be used.
The idea behind the "shared parking" concept is to recognize the probable use of parking spaces
when those spaces have multiple users. Thus, the LDRs recognize that it is reasonable to
consider projected utilization as a methodology_ Thus, for example, a residential project parking
lot which typically isn't fully utilized during the day might share those "empty spaces" with an
adjacent office building whose demand for parking is during the day but which would not need
the spaces (generally) outside of business hours. This recognizes a practical approach.
Since this practical approach is a recognized approach, it is reasonable that the Beach Club may
present this approach as competent evidence in requesting for a reduction of the parking
requirement which would seemingly be imposed by the LDRs.
This is a unique situation where the same activity, if located in those zoning districts, would be
afforded the opportunity to utilize shared parking calculations. In this case, the beach club is a
"conditional use" in the RM zoning district. However, in granting a "conditional use" for an
activity which is otherwise permissible in the CBD, GC, and PC zoning districts, it is reasonable
that it also implies that the activity also brings with it the other benefits with which it would have
been afforded had the conditional use not been required
As stated above, most of the mixed use projects are found in the CBD~ GC, and PC districts
within the City of Delray Beach. This is a unique situation wherein a beach club is situated
within an RM zoning district. As it is the usual practice to allow mixed use projects to utilize the
shared parking calculations, it is reasonable that the Seagate Beach Club and the Seagate
Residences be afforded the same opportunity to utilize the shared parking calculations as special
documentation pursuant to LDR Section 4.6.9. (F) (1) to determine the extent to which parking
is required at the mixed use site and whether a reduction is appropriate under the circumstances.
Utilizing the shared parking calculations table as set forth in Section 4.6.9(C)(8), the maximum
number of parking spaces at the peak period which would be required is 154 spaces (156 are
currently being provided). This includes providing 12 full time spaces for the "bath house"
(which staff has interpreted that the LDRs appear require) even though the bath house is strictly
utilized as bathrooms and changing rooms, and even though it is existing and not part of the
"reconfiguration" .
4
3. An actual parking study conducted during the busiest week of the year indicated that
the actual number of vehicles being parked was less than the amount required pursuant to
the LDR's.
A mentioned above, the LDRs already provide that, in certain types of projects, "projected" use
is a competent methodology in determining how many parking spaces should be required. In the
case of the Beach Club, in order to obtain as accurate information as is possible as to what the
actual parking needs of the beach club are, the Seagate Beach Club conducted a parking needs
study. This study was conducted during the week of February 18-25, 2006, which included
Presidents Day, which has historically been the busiest day of the year for the Seagate Beach
Club.
The results of the study during the busiest week demonstrate a parking needs requirement of 60
cars during the week days (50 cars during week nights), and on the weekend days, an average of .
80 cars (55 cars on the weekend nights). Obviously, although this reflects the busiest week of the
year, the results support the fact that the 83 parking spaces being provided are more than
sufficient to meet the parking needs of the Beach Club.
It is important to note, that the parking at the Beach Club is a 100% valet service which generally
means that less space is needed to park the same number of cars (this is also provided for in the
LDRs) than would be the case in a self-parking garage. In this case, approximately 5 fewer
spaces would be required due to the fact that it is a 100% valet service.
If, as stated, the LDRs recognize 'projected use" as an accepted methodology in determining
parking requirements, it is reasonable that a study which empirically determines actual use be
equally accepted.
We submit this parking needs analysis of actual use as additional documentation, pursuant to
Section 4.6.9(F)(1) of the LDR'sin support of the request for reduced parking requirements.
4. The parking calculations for the "restaurant" are the same calculations as if the
restaurant were "public".
The LDR's, in setting forth the parking requirements as they relate to restaurants outside of the
core business district, assume that the restaurant is a "destination point" and, as a result, there is
an "inferred" greater demand for parking. Thus, whereas restaurants in the core business district
have a parking base requirement of 6 spaces per 1,000 square feet of space, "destination
restaurants" have a parking requirement of 12 spaces per 1,000 square feet (double the
requirement).
The above parking requirement for "destination restaurants" which is derived from the Urban
Land Institute, assumes that the "destination restaurant" is open to the public. The Seagate Beach
Club, however, is not a club open to the general public, and the restaurant service (especially in
the evening when the restaurant is principally used) is typically done by reservation (although
club members are permitted to walk in). Private clubs do not have the same waiting time to get a
table, etc., that typical open to the public restaurants have.
5
As currently determined, the parking requirements proposed at this site are double the parking
requirements that are imposed for the public restaurants located on Atlantic Avenue.
Accordingly, even though this is a private club, and the demand is significantly less, the parking
standard being applied is the most stringent.
Since this type of use is not generally permitted in an RM district, there are no specific
regulations pertaining to parking for this type of conditional use within the RM district.
However, it should be noted that the only zoning district which would permit this "club" use (as
currently scaled) is the CBD. Accordingly, it is reasonable to consider imposing the same
parking standard as what would be imposed in the CBD (e.g., 6 spaces per 1,000 square feet) and
not imposing the most stringent standard. This is particularly reasonable in light of the fact that
this is a "private" club.
For informational purposes only, additional support to consider reduced parking for private clubs
can also be found in LDR Section 4.6.9 (c) (6) (r) "Yacht Clubs" which provides that the parking
requirement for a Yacht Club is "one space per 1,000 square feet of floor area and outdoor
seating/eating areas".
Conclusion
For the reasons stated herein, we hereby request a reduction, pursuant to LDR Section 4.6.9
(F)(I) in the parking requirements as currently determined. The approval for the Seagate
Residences requires that 73 of the spaces be set aside for the Residences. In recognizing the fact
that the surface and garage parking will be used by both, we request a finding that the parking
spaces in excess of what is required by the Seagate Residences are sufficient to meet the parking
requirement of the reconfigured beach club.
If you need any additional information, please do not hesitate to contact me.
Sincerely,
The Carney Legal Group, P.A.
< '::bwv
By:
Thomas F. Carney, Jr.
For the Firm
TFC/db
Enc!.
6
Jan 20 2006 12:05PM HP I ASERJET FAX
p.2_
Traf Tech
ENGINEERING, INC.
January 20, 2006
Mr. Paul Dorling
Director of Planning
City of Delray Beach
Delray Beach, Florida 33445
Re: Seagate Residences and Beach Club
Dear Mr. Dorling:
The purpose of this letter is to document the vehicular stacking requirements associated
with the proposed beach club expansion. The beach club is part of the Seagate
Residences and Beach Club project planned to be located on both sides of State Road
Al A (South Ocean Boulevard) between Casuarina Road and Bucida Road in the City of
Delray Beach.
A traffic study was undertaken fer the subject development by Traf Tech Engineering,
Inc. (A copy of the referenced study is attached for your reference). As documented in
the traffic study, a maximum of .approximately 44 inbound vehicles are associated with
the beach club during the peak hour. This translates to approximately one vehicle every
one and one-half minutes. Due to the low inbound vehicular demand anticipated at the
beach club driveway, a stacking for two vehicles should be sufficient in order to
accommodate the inbound vehicular demand. Therefore, 40 to 50 feet of stacking should
be adequate to accommodate the traffic generated by the beach club.
Please give me a call if you have any questions.
F TECH ENG~'RlNG, INC.
\e~ll
in E. Vargas, P.E OE
Transportation ngineer
8400 North University Drive, Suite 307, Tamarac. Florida 33321
Tel: (954) 582-0988 Fax: (954) 582-0989 E-mail: joaquin@traftech.biz
From: Mr. and Mrs. Michael R. Langley
1026 Bucida Road
Delray Beach, Florida 33483
To: Mr. Scott Pape
Planning and Zoning Department
City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Date: February 28th, 2006
Re: Seagate Beach Club (Public Notice #2006-073)
Dear Mr. Pape,
We are extremely concerned about the Seagate Beach Club's conditional use request for
a new 7,246 sq. ft. private beach club/restaurant. Our property on Bucida Road is in full
view of the Bucida RoadlSeagate Drive intersection and the Beach Club parking lot. The
Club presently has a major parking problem, and we feel that any additional use of the
beach property would further worsen that problem.
Due to their already inadequate parking facility, Club valets park members' cars in the
No Parking areas on either side of Bucida Road and Seagate Drive. First, this is in direct
violation of city parking regulations. Second, it is an eyesore for Seagate residents.
Third, and most important, it is a safety hazard. As the cars are packed into the No
Parking areas, (side by side and perpendicular to the road), they often protrude onto
Bucida Road, narrowing the driving lanes. At times it is extremely difficult for cars
traveling eastbound and westbound to pass each other. The illegally parked cars also
obstruct the view of moving traffic on Bucida Road and Seagate Drive, creating a road
hazard not only for drivers, but for cyclists and pedestrians, too. Our community has
many families with children, who bike, jog, or walk to the beach along Bucida Road, and
it is imperative thatwe protect their safety.
We would very much appreciate your considering our concerns as you review the
Seagate Beach Club's request. Thank you for your consideration.
Sincerely,
-r2if /'Z.. ?%'/Jk~
Mr. and Mrs. Michael R. Langley
~"" '=:n, {
~lAR 0 3 2006
Page 1 of 1
Valek, Denise
From: Peter Dwyer [Owyerbuilds@msn.com]
Sent: Monday, June 19,20063:09 PM
To: PZmail@MyDelrayBeach.com
Cc: 2kimdwyer
Subject: Support for Redevelopment of the Seagate Beach Club
Attn: Paul Dohrling
My wife Kim and I would like to offer our support for the Seagate Beach Club redevelopment project. Our home
address is 711 Seagate Drive, just a short walk from the beach club. We feel this is a well planned proposal that
will provide lasting benefits to the beach area.
Thank you for your consideration.
Sincerely,
Mr. and Mrs. Peter H. Dwyer
6/19/2006
Dorling. Paul
From:
Sent:
To:
Subject:
pryseelam@bellsouth.net
Monday, June 19,20063:14 PM
Dorling, Paul; Harden, Oavid
Seagate Hotel
I live at 219 BE 7th Avenue in Delray Beach. I am writing in support of the redevelopment plan for
the Beagate Hotel. As a resident in the area, I have had the opportunity to use the former Beagate
Hotel. I have also had the opportunity to review the new plans. I find the design interesting and
aesthetically pleasing. I think the addition of this project to Delray would mark a significant
improvement over the current facilities. I would ask that you support this project as well.
pryse R. Elam
219 BE 7th Ave
Delray Beach, FL 33483
1
Page 1 of 1
Dorling, Paul
From: Janice Stofft [janice@stofft.com]
Sent: Monday, June 19, 2006 3:17 PM
To: Oorling, Paul
Subject: Sea gate Club
Please note that I am in strong support of the redevelopment of the Seagate Club. I am a Seagate area residents
and believe that the development of the club would be a positive asset to the area.
Thank you,
Janice Stofft
6/26/2006
Page 1 ofl
Dorling, Paul
From: William Morris [bill@southcp.com]
Sent: Monday, June 19, 2006 3:54 PM
To: Oorling, Paul
Subject: Seagate Club Redevelopment
On behalf of my wife and I, we wanted to go on the record stating that we strongly support the
redevelopment of the Seagate Club. We have been residents of Delray Beach and the Seagate area for
over 15 years now and believe that it is in the best interest of neighborhood and the City to have this
well located property undergo the posted redevelopment plan.
Very truly yours,
William Morris
1046 Mela1euca Road
Delray Beach, FL 33483
561-265-1123 Fax 561-265-1705
Ce11561-441-6754
bi1l@southcp.com
6/26/2006
Page 1 of1
Dorling, Paul
From: Thomas F. Carney, Jr. - Carney Legal Group [tfc@carneylegalgroup.com]
Sent: Monday, June 19,20064:01 PM
To: Ellen Elam
Cc: Harden, David; Oorling, Paul; Pape, Scott; Tony Wilson
Subject: Re: Seagate Club
Ellen,
thankyou very much for your voice of surrport. I am sending this off to the Planning and Zoning Oepartment for
their files as well.
Sincerely,
Tom Carney
----- Original Message -----
From: Ellen Elam
To: tfc@carneylegalgroup.com
Sent: Monday, June 19, 2006 3:29 PM
Subject: Seagate Club
I have lived in (as well as just outside of) the Seagate area for the past 11 years, and have witnessed many
positive changes to the area. I love Oelray and strongly support the development of the Seagate Club. I think it
will have a positive effect on the Oelray area and our wonderful Atlantic Avenue.
Sincerely, Ellen Elam
Currently: 219 S.E. 7th Avenue
Previously: 513 Sea Sage Orive
6/26/2006
Dorling, Paul
From:
Sent:
To:
Subject:
Eric Cherry [echerry@icnltd.com]
Monday, June 19,20064:05 PM
Oorling, Paul; Harden, Oavid
Seagate Club redevelopment
>>
>>
>>Dear Mr.Dorling & Mr. Hardin;
>>
>>
>>My wife and I live and own a home on the ocean just south of the
>>Seagate
>>Club in Delray Beach at 1111 South Ocean Blvd..
>>
>>We strongly support the redevelopment of that property and feel it
>>would
>>further enhance the reputation of our community.
>>
>>Delray has become the standard of what other communities are trying to
>>achieve and approving this project will continue us in that direction.
>>
>>Sincerely,
>>
>>Eric & Veronica Cherry
1
SAFETY As FLORIDIANS EXPECT
;:r. ft~lm~:U- .,;a.."'-:~:tm-.......4"'t:ihu,""" - ~
i1,((fl): !~J'V!J'DlI:IGI"'I:1 '-.J'W,_liIilllC~-" ~....... \<V~
Subject: Seagate Beach Club
From: SAFE ~afety As Ftoridians ~)
SAFE respectfully asks the Delray Beach Mayor and City Commissioners to deny:
1. Special action to reduce the number of required parking ~ by ,(12),
2. A waiver to reduce the number .of handicap accessible paddng spaces adjacent to a
valet queue nom (2) to(1} and,
3. Special action to reduce the lequired valet drop..off/queuing length from 100' to 75'.
a.L" ., .,... III~ Ie ,'t5}....~~ ]1.' l~$Ia1I - -;~:-~ tile
~"'..aLm:fdf",~'h'..""WLT-- .da.~I~'__eJ '~rcris_ll_ ~_S.!'L
'JIII _A.
tJ.1!~ 1 :, J :~. f '~ "
Theloadion of the Seagate Beach Club -east of State Road A~A. in a very compact space,
and in the middle of an s-shaped curve - ,poises a frustrating and dangerous situation for
.other drivers, pedestrians, and bicyclists traveling along State Road A 1A. SAFE believes the
safest valet service would be one located on the west side of A 1A, with a tunnel for access
(similar to the golfers' tunnel in Gulf Stream). SAFE asks the City Commission to consider
this ;possible solution.
Jf the City Commission opts not to mnsider the aforementioned solution, SAFE requests the
City Commission to adopt two new conditional uses to be part of the three-way parking
agreement with the Seagate Homeowners and the SeagateBeach Club.
First, if there are a total of either three crashes or three verified ROW ba~ (or a
combination of crashes or backups) in any calendar year, then the valet operation ,will be
moyed to the west side of A 1A(except for wheel chair bound members) and that the Seagate
Beach Club will hire an ,off duty policeman to safely escort members across State Road A 1A.
Second, if there are a totsI of three verified incidents of spil-over parking in a calendar year,
then the Seagate Beach OIub wll either lease sufficient offsite parking to remedy the spill-
over, .or lease .par.king spaces from 1he City. (The City might be wining to issue daytime
passes for use in the Anchor Park tIot. and night time passes for spaces along A itA).
Thank you for your consideration.
~~
SAFE Chairman
The Seagate Beach Club should hayeno problem in agreeing to these tenns since it publicly
stated at 1Ihe P & Z Board Meeting that there will be neither a valet nor a parking problem.
~'
Charles
SAFE President
ADVANCE REMARKS
P & Z Meeting
Seagate Comments: Jim Smith
June 19, 2006
The applicant is using a shoe horn in asking for four waivers all of which
indicate that the applicant is trying to squeeze too much development into
too small a space.
The applicant states that it is a hardship for the developer to vacate the
public ROW. For decades, parts of the entrance to the club and its entire
valet operation have been located on land that the public owns. Hardship?
Balderdashl The hardship has been ours; we should be sending them a
bill for back rent.
If you'll please turn to page 5 of the staff report, you'll read that Staff
describes the operation of the queue as "problematic, without obtaining
approval from FDOT for the width needed to operate a dual valet line".
Staff has asked the applicant "to explore this possibility"; instead, staff
should require FOOT approval before Board action. Without FOOT
approval, the valet queue should be moved to the other side of A 1A. and
the Club should hire an off-duty policeman to help guests cross the road.
Also, Staff should independently verify the adequacy of the parking
estimates provided by the applicant. Where will the 20 or 30 restaurant
employees park? They can't throw "spooky dusf on their cars and make
them disappear. And, 73 parking spaces for (30) 3, 4, 5 bedroom units will
not be enough. Real demand will be closer to 3 cars/unit. This is too
important a re-development for staff to simply accept studies from the
applicant as" the bible".
The Seagate has been an exemplary corporate citizen for many years,
and we wish them continued success; however, they should not be
allowed to overdevelop by proposing sub-standard parking and valet
services. Neighbors will feel the pain if these waivers are granted. Also,
the Seagate should enthusiastically support the preservation of the
historically significant bar area.
I respectfully ask that the board either deny all four waivers, or at a
minimum, postpone its recommendation subject to direction.
JUN-16-2006 10:11 PM
P.01
June 1612006
FAX
To: Mari, Hornberger .3 I::> 7 s
Fwm: Carolyn Patton r
RE: original Seapte Bar loffiee 1935
Recently, in researchina the history of A lA. we have conflrmed that your building (the original bar/office)
is ellgiblc fortha Local Register of Historic Places.
Altboush some feel these desJgnadODS deter fbture land va1uo, the reality II to the conb'my. These benefits
would accrue to you by listing your property on the local mgister:
I) You can have your county property taXes fto~ at their current rate for a period. often years. even it you
make all unlimited amount ofimprovemonts to the property. The improvements simply must leave intact the
historic residence (bwlding).
2) Studies a.cross the country show !hat historically listed properties maintain. and actually outreach. the
property values of new cons1lUction in the sarPe area. We have attached one of these studies and have more
on file for your review.
3) You WQuld be preserving an impQrtant part of the history of Del ray Beach, Florida. The public relations
benefits would be enormous.
"
4) l1yoo think of Joe"$ Stone Crab$ In Miami Beach. where the original bar/restaurant was made part of the
expansion. every single person who visits that establishment goes to see the original area. Your barloffice..
preserved ill its rightful site, on the grounds of the Seagate. would accrue interest and plellSU1"e to the
residents and guests of tho new Seapte. As I discussed with you this morning. The National Trust for
Historic l'reservadon has an official policy against moving historic structures.
Pl=se call me if I can answer any questions or provide any more information.
Sincerely, " I
CarolynPatt~
Cc: Ms. Sherry Anderson, Arc:bJtectW'81 HJstorian. State of Florida
JUH-16-2006 10:12 PM
06-9601:26P
f7 f c:. '.
(Yl B~~ . FL
b.1e Co.-A
I ..)'4 ~ I:: C:" \I.", r. .)
Designation of the Ocean B'each Historic: District
(area south of 6th Street)
City Commission Meetings To Discuss:
OQln ..ch Hhlonc Ohtrict, I,t Rc.dJn.. W.d, J.n. 2"tfllhOO AM
2nd RI:HlI~- Wed. Feb. 7th $:01 PM.
City Commission Chamb~rs, Miami Beach City Hall
1700 Convention C~n~~r Drive
Benefits of Historic Preservation include..-
· Current .a/'lal)'s~s d cwner-CC::Jpied tv'J,,,ni Be.ac:h reSidC:1li.aJ I=ropertic~ SU~geU Ihil~ location within or
proximity to a c:ertiried historic: dislljct prod lice: an increase in ulc p,jce, ~...n Ihou~n ow.,er.c.::upid
pfO!:lCrl)' do~ no: qu.l.fy lor Fe::lerdl relwe.Ji!ollion r.lt c:ecits. This d'<<t s " result of Ihe "uolb,I,~11'.9" 01 the
$urrOunc!o9 ~ci9~C::>rhoods vi. ~IS1Cfi:: sl.".:da:ds. Prc';m''''''1' ,t:.IC~ies $~OW t~,tt u:sdt::"!u.ally.zened "'dCllnt foes
1oc3lCd in F~ce:..l ),;$Iorl<: :i;$UIC:~ .1l:rdc:ed .a ~r 0: pfp':"1'IIUt"\ d .n /?Iu::n d~ 1:31%.
· ^ tcv!e-..... 0; :nirty,s<Nf;"\ bdld:"9S foc.sted .....id,1I1\ le.e:JIIy d~i'I'l'&lcd MidlY'.j 8~.teh nislor.C d,s"i,::! Illustw~ 1".1
s.ains In SIIle price premium, t~nge rtcm 17 to 36 pcrc;erJl comp.srca 10 similol' propettles loc:at~d
outside of the alstricu.
. l'ew c::m$tructicn olPPfOy~d fer I~C Historic DiSl'i~t rcinFcrecs ar'ld lTl.i:"l~ai"s the spec!.1 ch.rotClcr of the
neighborhood. Ex..ting buildin9s i" the ~ropo$c: Ccc~" Bf:a:h HiSlCfI:: DisL"iC:I can cnlec I'lIl:W proi~c:s
,urrcund:r.s thr: Dislti.:t 10 be sensitive t:) l:,e neighborhood !nd cromote como.stiblc des gl'ls un::!l:! the c.!'f\
Desi," Guidelines tJ.-at .....cuic! not 4fiec: :h~ 5~ec:dl ::;hdf.sctC. 0; :he olr~,.
· The prestige 01 ~vin9 in <In hlstCfic d,uri.;: is .. J:osltiv~ ~He:! or historic: district dcsi9".alion. ^ recent review
o( ,e.J est.tc buyer opinion illustrates. wlllln,nr:ss of up~eN:"d $il'\slc ,lId multi-ramify home buy~n
~o P4Y" gre!ttZf prem!u::t for l:vl:!! It: desi!J;'lt1ted hi:ltot!e eiwi::;t$_
· R~id~:s 0' historic difl1icls i,vc the 'Uutd"':~ t"~t ~ny future new c:coltruc:lon wtll r<<sp~c:t lhe
char.ctet that alt~aclcd .hem ~o :he .re.. .
Please cHtend this importdnt meeting ~nd support the design4tion of
Ocean Beach...where Miami Beach was born!
Mi.tmi DcsiS/'l Pre~e......tiot't le.t9\lC
PeSl Qfli(e Bee 190180
Mi"mi Be.c:" Flo'id. 33119-0180
(305) 672.20' 4
l
P.02
P.Ou
I
I
!IJ
JUN-16-2006 10:13 PM
PROPERTl' VALI:ES
. '....
~ro8. \'irpnia thousan~. ofhist.o#c properties arel~ted in local
Hi.tori.: o~.tric:ca. Property awnen often uk, "'Will beinl' in thJ.
hi.torie d!nrict adv.nel)' .<<eet my pl'Opel'ty'. value.. Here i. what
we have le..m.d~
From ~h~\ckoe Slip in. Richmo'nd: "lBJttw.tn :980 and 1990, che
u....men!: total mad. a qU8r.tum leap ~pw.rd hy 2~5 perc.nt, from
$23.135,S86 tlJ 556,;61,000. Citi""';de 6a auregate value of real
estat4! inr:rea~ec ~yS.9 percent'" Thlllmportance of Hlsto,.lc P7V!$er-
uarioll in Pnu:mown Richmond: Sho~kf)e Slip "4.nra, A Ca~~ Stud.y.
'rom Fred..ricksburg: "'I"hue findings lndlcue :hat propl!lrdu
withir. Fred~ncks"urg"s historic distric: gained appreciably more
in value ove~ thO! la:st 20 yellrs than proFer:iesloeated elsewhere in
the city" The Economic a~f1Iqi.:.! I); Pt"f$ftf'".;ing Com.?':untt.\. CAa1'cc'
ter. Fr~rirtrit:Jubu"8. Virzi/ue Can Stud)'.
.~
Again from lUehmond: "'The a~i'recla:ion o(renovated hiatonc prop-
erties ls substantia:1y Et'l!.t1tar thaa:'l tl:@ appredation ~ate5 for new
c:onlllnlc:ion and unreatot'ed h:storie propenies...Th8 p.~ sqWU".
. footage value o!tha renovated propenleals $21 a square fOOl lJTeatar .
than that of neW cons:ruc:ti.o,n.~ T1t~ ImporttJ.na of Hi.toMe Pren,..
tlattot1 tn Dowr.to","" Richmond: Fr~n.Jclill SII"eet. A Ccu Srud>'.
And in Staunton where we took a deu.i1ed look in the pl"lIpaZ'Sltion
of this ~tudr: Between 1987 and 1.995 Staunton residential :srcper-
P.03
" =.
. ~
, :.
.,
"First. state and federal
'deslgnatlons clearly ta!'ti!
no existing value tram
designated properties.
Second. local real estate
markets show no
discernible trend tcwaro
s;ngling out designated
landmarks as less
desirable than simiisr
undesignated propertfes."
The Financiallmpac: of
HISToric Designation
256,;,: '
.
, .
LEVY KNEEN, P.L.
ELEANOR B. HALPERIN
BOARD CI1RTlI'lEO IN REAL ESTATE LAW
ArrORNEYS AT LAW
DIRECT 561.478.4722
ehalperin@levykneen.com
1 3 January 2006
Tom Carney
Carney Legal Group
901 George Bush Boulevard
Delray Beach, FL 33483
Re: Seagate Beach Club
Oear Tom:
I am a little surprised that I have not had the courtesy of a reply from you since our
meeting on Wednesday, December 21st. It certainly does not reflect the tone you
set that the developer wants to accommodate Mr. Pechter's needs as much as
possible.
Below, please find a summary of the items we requested be included in either the
design or operation of the Beach Club:
. To mitigate the views and noise from the addition of a second story, we
preserited several alternatives for consideration: dense landscaping; an 8-10
ft. masonry wall; landscaping on top of an 8-foot masonry wall; the inclusion
of a water feature.
. You were going to inquire whether or not the developer would be willing to
use a trash compactor rather than a dumpster. We also suggested that
something be installed under it to absorb some of the noise when it is moved
in and out.
. You were going to inquire as to whether or not construction will take place
on the weekends. [f so, you thought that the owner might be willing to start
work no earlier than eight 0' clock.
We then discussed the location of the new building. I asked you to confirm that the
existing footprint is not being used, but rather the building is being angled more
towards the north. We felt that this would help the employees and the members'
perception of where the property lines are located so that chairs and trash would
more likely stay in front of the beach club rather than Mr. Pechter's property. Both
property owners should agree to respect the extension of each others boundaries
onto the beach by keeping the area free of trash and removing all chairs and
equipment at the end of each day. To help your members and staff, we would fike
1601 FORUM PLACE . SUITE 300 . WEST PALM BEACH, FLORIDA 33401
FACSIMILE 561.478.5811
Tom Carney
13 January 2006
Page 2
the Beach Club owner to agree to post a sign along the south property line to the
effect of "no chairs beyond this point". Further, we would like you to agree to keep
the A TV vehicle within those boundaries and only operate it during daylight hours.
Last season, Mr. Pechter's daughter was nearly run down by the A TV when an
employee was delivering drinks to members.
Since this may be heard by the Planning and Zoning Board shortly, it is important
that the City be made aware of the issues we have discussed. By copy of this
correspondence, we are requesting that the City monitor these issues and consider
Imposing many of them as conditions of approval on the conditional use to mitigate
the impacts of the addition of the second story and to insure that the existing
problems are not repeated. In addition to the items listed above, we would like the
COA to include the following provisions:
. All outdoor speakers and lighting be directed to the north.
. All outdoor entertainment and music cease after 10:00 pm.
. No off-site parking should be allowed and street parking should be
specifically prohibited. This will limit the number of members, their guests,
employees and contractors that will be using the Beach Club to the number
of parking spaces assigned to the Beach Club.
. All outdoor mechanical equipment, including the HV AC units, be completely
blocked from view.
Finally, we would like to know if the conditional use will allow the Club to be open
to the "public" for special events or if temporary memberships will be allowed.
Since there is a local hotel owned and operated by the same principal, we want to
prevent an increase in the use of the Club beyond that which existed when Mr.
Pechter bought his property. For instance, will hotel guests be bussed to the Club
for a minimal membership fee? Can a hotel guest become a member for a day in
order to use the Club for a wedding?
Thanking you in advance for your time and attention to this matter. I look forward
to receiving your responses.
Ellie Halperin
EBH:mr
cc: Scott Pape, A.I.C.P., Senior Planner
Jeffrey Pechter
Page 1 of1
Pape,Scott
From: Eleanor Halperin [ehalperin@levykneen.com]
Sent: Thursday, February 16, 200612:29 PM
To: Pape,Scott
Subject: Seagate
I spoke with my client regarding some of the questions you raised during our meeting and can advise you as
follows:
1. The noise was a problem about 6 nights a month, mostly on the week-ends with special events. It was not
only amplified music, voices, particularly when OJ's were encouraging people to "scream!!".
2. The beach chairs are stacked sometimes, but other times they are just left out on the beach. After our
meeting, I went over look at the area and noticed that the stacked chairs are located about half way between the
end of the sea grapes and the water - they seem to be permanently located on the state beach
3. The back up of cars in front of the house does not happen very often. The problem is employees and the valet
parking cars under trees on both sides of AlA and on the side streets all day.
4. I observed that the awning frame is still on Jeffrey's property and has not been removed. I understand that
they did remove the blue and white cover at one point, but the frame was still there.
I would appreciate if you would let me know if you made any decisions regarding the conditions we discussed.
Thanks.
Ellie Halperin
Levy Kneen. P.L.
1601 Forum Place Suite 300
W. Palm Beach, FL 33401
561.478-4722
7/512006
LEVY KNEENP.L.
COUNSELORS AT LAW
ELEANOR B. HALPERIN
BOARD CERTlFED IN REAL ESTATE LAW
DIRECT 561.478.4722
ehalperin@levykneen.com
9 November 2005
via e-mail
Scott Pape
City of Delray Beach
Planning & Zoning Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: 400 South Ocean Blvd.
Seagate Beach Club
Dear Mr. Pape,
I represent Jeffrey Pechter, the owner of 501 South Ocean Blvd. It has recently
come to our attention that Seagate Beach Club has submitted an application to
the City for redevelopment. I would appreciate if you would either provide me
with a copy of the application and the proposed site plan or let me know when it
would be convenient for me to meet with you to review the file. Mr. Pechter
wants to be sure that the site is planned to protect his property from noise, view,
encroachments, traffic, etc. He would also like to explore the possibility of
requiring Seagate to implement some design element that would prevent their
members from inadvertently using my clients' beachfront west of the mean high
water mark.
Thanking you in advance for your time and attention to this matter. I look forward
to working with you.
Sincerely yours,
'E.'B. J{afperin
Ellie Halperin
c: Jeffrey Pechter
1601 FORUM PLACE. SUITE 300. WEST PALM BEACH,FL 33401
FAX478-5811
~
~.~
From: Mr. and Mrs. Michael R. Langley
1026 Bucida Road
Delray Beach, Florida 33483
To: City Commissioners
City Hall
100 NW 1st Avenue
DeIray Beach, Florida 33444
...
Date: July 5th, 2006
~.il t::) f(JP~
Re: Seagate Beach Club (Future Parking Plans)
Dear City Commissioners,
We would like to express our concern about the Seagate Beach Club's proposed parking
plans. Firstly, we support the Planning and Zoning Board's decision to deny a waiver to
reduce the required number of parking spaces, as our neighborhood has put up with swale
parking by the Beach Club for long enough.
Secondly, we are against the valet parking plan explained by Architect Randy Stauff at
the City Hall Meeting on June 20th, 2006, as we feel it would be exceedingly dangerous
to peclestrians, cyclists and cars traveling on Seagate Drive and Bucida Road. Mr.
Stauff's proposed traffic flow has valets exiting the parking facility on Seagate Drive,
turning left against oncoming traffic, taking a second left, again against oncoming traffic,
onto Bucida Road, and then taking a third left against oncoming traffic onto AlA.
Furthermore, this plan involves driving around an already dangerous traffic island at the
comer of Bucida Road and Seagate Drive. On numerous occasions we have witnessed
the Seagate valets driving to the left of the island, resulting in near collisions with cars
traveling west on Bucida Road.
Finally, Seagate Beach Club members who wish to drive South (back to Boca Raton)
upon leaving the Beach Club, would likely turn left against oncoming traffic on AlA
onto Casuarina Road and left again against traffic onto Seagate Drive, cutting through
our neighborhood along the proposed valet route. -
As all parking for both the Seagate Beach Club and the condomiillums will be in the
covered garage, there will be a significant increase in the number of cars exiting onto
Seagate Drive. We are very concerned about the proposed traffic flow, and do not want it
to create an extremely hazardous situation for our neighborhood.
We appreciate your looking at our concerns and thank you for your consideration.
Sincerely,
Lw Mrs. Michael R. Langley.
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Alieda N. Riley
65 Palm square
Delray Beach, Florida 33813
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U:
July 6, 2006
To: The Mayor and City Commissioners:
After listening to a few naysayers rejecting the historic designation of the bar at the Seagate Beach
Club I would like to give you my rememberances of the Club and its history.
From my rememberances: in the late 20's and early 30's Mr. Fah Smith, Mr. Burwell Smith (Mr.
Smith's son) and Mr. Bassett Mitchell (Mr. Smith's brothe~~in-law) had a real estate office in what is
now the Seagate Beach Club Bar. Mr. Oliver Brown was their real estate broker. Their mission was to
sell the oceanfront lots on South Ocean Boulevard. They &Iso owned what is now the Seagate
development. In the late 30's or early 40's Mr. Bassett Smith's former wife became Mrs. Alexander
Helm (Lucy) and she now owned the Seagate property including the area to become the Seagate Beach
Club and some oceanfront lots.
Lucy Helm and her husband "Hank" Helm sUbdivided and started developing Seagate. The Se/lgate
Beach Club was built and it is my recollection that anyone who bought property in the Seagate
development had accesss to the Seagate Beach Club and the ocean. She also opened it up to others
who did not live in the Seagate development. The Club was a simple, pleasant place, the bar window
opened on the east side in order for members sitting in the small outside patio to enjoy refreshments.
Often on weekends there was music and guests were invited to sing or play the piano.
Later Lucy built a house for herself and her son on the ocean further south. That house was sold later
to the Bruce Braden family. Seagate was developing and due to that and the popularity of the club
Lucy expanded the club leaving the bar intact. In the mid to late 50's Lucy sold or gave long-term
leases on all of her property to Arthur Vining Davis. First Lucy and then Arthur Vining Davis used the
bar as an office when necessary. After the Arthur Vining Davis ownership, I know there were different
owners of which I have no knowledge.
,.. : r ~'
f\E.CEJ"\i "..
J \) \.. - 1 1\)\)\) ,
c: ",'6-
C r\'< C \.. t;.. .
I lived two houses south of the Seagate Beach Club and experienced club membership for 25 years.
My late husband was a member of the Board Of Govenors for the Seagate Beach Club in its early
years.
I believe that it is in the best interest of the historic preservation ofDelray Beach to retain the bar area
of the Seagate Beach Club because of its historic character.
Very Truly Yours,
Ecv 7. L,
ANRIann
cc: Mr. Paul Dorling
Chairman Planning & Zoning Department
. Amy Alvarez
~servation Planner
Dr:
&1
THRU:
FROM:
DAVlro~E
PAUL DORLlNG,
WARREN ADAMS
R OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF JULY 11, 2006
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION FOR
DEMOLITION AT 527 NORTH SWINTON AVENUE 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 May 17, 2006. The HPB denied the Certificate of
Appropriateness (COA) for a contributing property located at 527 North Swinton Avenue based on a
finding that the request was inconsistent with the Comprehensive Plan and did not meet the criteria
set forth in LDR Section 4.5.1 (F)(1) and 4.5.1 (E)(4), the Delray Beach Guidelines, and the Secretary
of the Interior's Standards for Rehabilitation.
In January, 2006 the applicant submitted a variance request and a COA application for the
demolition of the existing one-story dwelling and the construction of a new two-story dwelling and
detached two-story 1-car garage with guest cottage at 527 North Swinton Avenue. The application
was reviewed by the HPB on March 1, 2006 at which time the HPB postponed consideration of
the demolition until further information was submitted regarding the age and structural condition of
the existing structure, tabled the COA application until revised plans were submitted depicting a
compatible design for the Del-Ida Park Historic District, and postponed the variance request.
A revised application was presented at the HPB meeting of May 17, 2006 which included a
demolition request of the existing structure and the construction of a two-story single family
residence with an attached 2-car garage to the rear. The variance request was no longer required.
The initial staff report recommended denial of the demolition request and denial of the proposed
new construction. However, a memo was added to the report which contained additional analysis
of the proposed new construction which recommended approval, subject to a number of
conditions including exploring alternatives to demolition of the existing structure.
A complete analysis of the proposals is found in the attached Historic Preservation Board Staff
Report of March 1, 2006 and the Staff Report and Memo of May 17, 2006.
. HISTORIC PRESERVATION BOARD 'CONSIDERATION
,;" .... I
. .. "I ;~:i':ti:
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 proposed
demolition was inconsistent with the required review criteria and recommended denial. The Board
took testimony from members of the public who spoke for and against the proposal.
96
City Commission Documentation Meeting of July 11, 2006
Appeal of HPB Action, 527 North Swinton Avenue
After taking public testimony and discussing the proposal, the Board voted 5 - 0 to deny the
demolition request for the reasons outlined in the attached Historic Preservation Board Order.
The COA for proposed new construction was not considered by the HPB as the demolition
request was denied.
On May 25, 2006, Weiner & Aronson P.A., Attorneys at Law submitted an appeal on behalf of the
property owner. The proposed basis of the appeal is that the actions taken by the Historic
Preservation Board were inconsistent with the LDRs, the laws of the State of Florida, the Delray
Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards, and
that the action taken was contrary to the weight of evidence presented at the HPB meeting of May
17, 2006. The relief being sought is that the denial of the COA for demolition of the existing
structure be reversed.
Deny the appeal and uphold the Historic Preservation Board's action.
Attachments:
· Historic Preservation Board Staff Report of March 1, 2006
· Historic Preservation Board Staff Report of May 17, 2006
. Historic Preservation Board Staff Memorandum of May 17, 2006
· Historic Preservation Board Order denying the demolition request
· May 25,2006 Appeal Letter from Weiner & Aronson, PA
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
SCOTT CORREALE & SHANNON DAWSON,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a denial of a Certificate of Appropriateness for demolition
has come before the City Commission on July 11, 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 demolition. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the Certificate of Appropriateness for demolition consistent with
and furthers the policies and objectives of the Comprehensive Plan?
Yes
No
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
a. Pursuant to Section 4.5.1 (F)(1), the Historic Preservation Board upon a
request for demolition by a property owner, shall consider the following guidelines in
evaluating applications for a certificate of appropriateness for demolition of designated
historic sites, historic interiors, or buildings, structures, or appurtenances within
designated historic districts;
(1) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national
register.
(2) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(3) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(4) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
(5) Whether there are definite plans for immediate reuse of the property if
the proposed demolition is carried out, and what effect those plans will
have on the character of the surrounding area.
Are these requirements met?
Yes
No
b. Pursuant to LDR Section 4.5.1 (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 the Interior's Standards for Rehabilitation, as amended from time to
time.
Is this requirement met?
Yes
No
3. The City Commission has applied the Comprehensive Plan and LDR
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.
2
5. Based on the entire record before it, the City Commission approves _
denies _ the appeal and hereby adopts this Order this
day of July, 2006, by
a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
CITY OF DELRA Y BEACH
HISTORIC PRESERVATION BOARD
COA 2006-126
In Re: Shannon Dawson
527 North Swinton Avenue
ORDER
Following a consideration of the evidence and testimony presented, the Historic
Preservation Board for the City of Delray Beach finds as follows:
1) That the Applicant requested that the Historic Preservation Board (HPB) approve
a Certificate of Appropriateness (COA) allowing the demolition of the building
located at 527 N. Swinton Avenue.
2) The building on the property is a contributing single-family dwelling. The building
is highly visible and demolition of this contributing building shall erode the fabric
of the historic district. It is in the public interest to preserve this building.
3) We hereby find that the demolition of this historic contributing building will have a
detrimental and adverse affect on the streetscape and will cause the streetscape
to be forever changed so that the integrity of the historic district is in jeopardy.
4) The reason that the citizens of the City of Delray Beach supported the passage
of the Historic Preservation Ordinance and district was because they determined
it was in the public interest to maintain the charm and style that this building
preserves for all residents of the City.
5) We find it is against the public interest to approve a COA for demolition of this
historic contributing building.
6) The Applicant failed to present evidence to satisfy the requirements of LDR
Section 4.5.1 (F) and 4.5.1 (E)(4).
7) Furthermore, the Applicant failed to present sufficient evidence of financial
hardship or otherwise in supporting a request for the demolition of the building.
For the above stated reasons, the Certificate of App~opriateness reg~r . g the
demolition of the building is DENIED this ~ day of MA-l{ , 200
--~ r-r-. ~
C^-::~~~~ f ~/
. ChaIr
Historic Preservation Board
copies to: Amy Alvarez, Historic Preservation Planner
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
RECEIVED
MAY,'25 2006
CITY CLERK
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAMI R. MAUGHAM
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate lawyer
May 25, 2006
Via Hand Delivery
Ms; Chevelle D.-Nubin
City Clerk
City of Delral Beach
100 N.W. 1 s Avenue
DeJray Beach, Florida 33444
Re: Appeal of the Historic Preservation Board Decision of COA:2006-126/
527 N. Swinton Avenue
Our File No.: CORE002
Dear Ms. Nubin:
Pursuant to Section 2.4.7(E) of the Land Development Regulations of the City of
Delray Beach, Florida ("LDR's"), this is an appeal to the City Commission of DeJray Beach,
Florida by an aggrieved party in writing directed to you. Our firm represents Ms. Shannon
J. Dawson, the property owner, and Mr. Scott Correale, the authorized agent. We are
providing you with the following required information:
1. The action being appealed is the denial of the request of a Certificate of
Appropriateness associated, with the demolition of the. existing structure and
subsequeht""newcconstructi.onof a 'single family "home 'by.'th~ >Historii '
Preservation Board and all other proposed actions with respect to the above-
captioned matter which was heard at the Historic Preservation Board'meetingof
May 17, 2006. .
2. The action was taken by the Historic Preservation Board on May 17, 2006.
3. The basis of the appeal is as follows:
a. The action taken by the HistoricPreservation Board was inconsistent with the
LDR's for the City of Delray Beach, Florida;
b. The action taken by the Historic Preservation Board was inconsistent with the
laws of the State of Florida;
c. The action taken by the Historic Preservation Board was inconsistentwith the
Delray Beach Historic Preservation Design Guidelines;
City Clerk
May 25, 2006
Page 2 of 2
d. The action taken by the Historic Preservation Board was inconsistent with the
Secretary of the Interior's Standards for Rehabilitation; and
e. The action taken by the Historic Preservation Board was contrary to the
weight of the evidence presented at the meeting of May 17, 2006.
4. The relief being sought is that the denial of the Certificate of Appropriateness be
reversed and that the request of a Certificate of Appropriateness associated with
the demolition of the existing structure and subsequent new construction of a
single family home be approved.
;,,,-
5. The names of the appellants are Ms. Shannon J. Dawson, the owner of the
property, the aggrieved party, and Mr. Scott Correale, the authorized agent.
We are requesting that this particular matter be heard at the City Commission
meeting of July 11,2006.
Enclosed is a fee in the amount of Three Hundred Fifteen Dollars ($315.00). Please
confirm with e that this appeal will be heard at the City Commission meeting of July 11,
2006.
MSW:ek
Enclosure
C6='i,~li::tfvfl"..PatK"Dor1mg, :OfreetorofPlanning and Zoning (w/~ enclbsure)
Susan Ruby, Esquire (w/o enClosure)
Mr. David Harden, City Manager (w/o enclosure)
Ms. Shannon Dawson (w/enclosure)
Mr. Scott Correale (w/ enclosure)
O:\CORE002\Letter to City Clerk re appeal. May 25. 2006.doc
fll:l~':'~~
~I~"'~
AJl.Amorlco CIlr
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DElAAY ILACH
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Authorized Agent:
Scott Correale
Property Owner:
Shannon Dawson
Project Location:
527 North Swinton Avenue, Del-Ida Park Historic District
HPB Meeting Date: May 17, 2006
COA: 2006-126
The item before the Board is the consideration of a Certificate of Appropriateness (COA)
associated with the demolition of the existing contributing structure and subsequent new
construction of a single family residence and detached guest cottage located at 527 North
Swinton Avenue, Del-Ida Park Historic District, pursuant to Land Development ReguClations
(LDR) Sections 2.2.6(D) and 2.4.6(H).
The subject property consists of Lot 2 and the South 2 feet of Lot 1, Block 3, Del-Ida Park,
located in the Del-Ida Park Historic District and zoned Single Family Residential (R-1-AA). A
Minimal Traditional style contributing structure containing approximately 1,100 square feet and
built in 1947, is located on the lot.
Regarding the date of construction and the classification of the existing structure, it was
originally found that the structure was considered non-contributing. This information was found
on the Del-Ida Park Historic District map circa 1988 when the districts designation was being
researched and the property would not have been eligible at that time for contributing status
based solely on its presumed age. On said map, the property .is noted as having been
constructed in 1958. Additionally, the Palm Beach County Property Appraisers office notes the
date of construction as 1958. In 2005, the applicants met with both the previous and current
Historic Preservation Planners at separate times. During each meeting, using the above noted
information and without having conducted a site visit, it was conveyed to the applicants that the
property was considered non-contributing. A Florida Master Site File Historical Survey does not
exist for this property. While conducting research in February 2006, it was found that the
Sanborn Insurance Maps show a structure of the same existing foot print built sometime
between 1926 and 1949. The building department archives, which contain the old City Clerk's
Tax Cards, note the date of completion as 1947. In April 2006, additional research was
conducted and copies of the original building permit and architectural plans were found on
microfiche (see attachment). The permit information dates back to 1946 and, when compared
with the existing structure, there have not been any significant alterations made. Therefore, the
structure is contributinq to the Del-Ida Park Historic District building stock. This classification is
made not only by its date of construction, but by the style, scale, and massing, as well, and the
fact that minimal alterations have occurred.
Administrative approval was granted in August 2004 for a three foot (3') tall wood fence and in
November 2004 for an exterior color change. No other applications are on file in the Planning
527 N Swinton Avenue COA 2006-17
HPB Meeting May: 7. 2006
(
Department regarding the subject property. However, building records show that the roof was
replaced in 1990.
The Board previously reviewed an application for the subject property at its meeting of March 1,
2006. At that time, the applicant was requesting a Certificate of Appropriateness associated
with the demolition of the existing structure, new construction of a two-story, single family
residence and detached garage/guest cottage, and variance request to reduce the side and rear
yard setbacks. The Board made the following decisions:
o Postpone consideration of the demolition until further information is submitted with
additional reports regarding the structural state and age of the existing structure.
o Table Certificate of Appropriateness application until revised plans are submitted
depicting an overall compatible design for the Del-Ida Park Historic District.
oPostpone the variance request until information is resubmitted regarding the above
noted components.
The applicant is now before the Board with a revised application packet which continues with
the demolition request of the existing structure, and proposes new construction of a two-story
single-family dwelling, and landscape plan. The variance request is no longer needed.
Demolition
The existing 1,100 square foot, one-story, single family residence is of the Minimal Traditional
style. The structure consists of one main side-gabled mass, with two front gabled portions
projecting towards the front containing decorative circular vents and original, wood frame, multi-
light windows with true divided lights. The middle-portion of the windows is fixed with the two
side portions cranking out to provide ventilation. Not all of the original windows remain, as
about half of them have been replaced with aluminum frame awning windows.
The applicant has submitted a report (see attachments) by a General Contrasting and Structural
Engineering firm located in Miami, Florida. The report states that the floor framing is unsafe and
would require replacement, the doors and windows be replaced with impact doors and windows,
the roof framing be replaced, as well as the rear deck. Additionally, a mold report (see
attachments) was submitted which was conducted by Florida State Home Inspections, Inc.,
located in Deerfield Beach, Florida. The report states there was a significant rnold growth on
ceiling joists, floor joists and walls around windows and in and behind kitchen cabinets.
Single-Family Residence
The proposed two-story single family residence consists of approximately 3,219.75 total square
feet including the proposed two-car garage and all exterior porches. The structure would be
located twelve feet (12') from the northern side interior property line, ten feet (10') from the rear
southern side interior property lines, and thirty feet (30') from the front property line. The overall
height measures approximately twenty-five feet, six inches (25'6") from the ground line to the
roof peak.
The residence contains a one-story mass with a centrally located two-story mass finished with a
5-V crimp, metal, hip roof. Exterior siding consists of smooth stucco on the first story and
Hardiplank siding or "stucco made to look like Hardiplank" on the second story. All windows
throughout are either 6/1 fixed glass or casement, fixed-glass six light, or a fixed-glass, multi-
light oval. The main entry door consists of eight, beveled panels while the garage contains two
overhead doors and two sets of multi-light French doors are proposed on the south elevation.
2!Q
527 N Swinton Avenue COA 2006-P~
HPB Meeting May 17. 2006
The front (west) elevation, measuring forty feet (40') in width, contains a wood, entry porch
located to the south of the elevation, where the door is flanked windows. The upper porch
elements are arched. The rest of the elevation is broken up by varying wall and roof planes.
The depth of the structure measures to the maximum allowed per the required minimum
setbacks: eighty-five feet (85').
The proposed exterior colors are as follows:
· First Story (Smooth StuCCO) -
· Second Story (Siding) and Trim- Acadia White
· Shutters and Vents - James River Gray
Landscape Plan & Swimmina Pool
The landscaping is primarily sodded areas throughout with a small variety of trees and greenery
located throughout and along the side perimeters. A ten foot (10') wide, concrete drive path
leads from North Swinton Avenue along the side of the main dwelling. A swimming pool
(19'x11 '6") with additional wading area (7'6"x5'4") and deck is located to the rear of the
residence. A wood fence is noted on the site plan located along the rear and side property
lines.
Demolition
Pursuant to LOR Section 4.5.1(F)(1), the Historic Preservation Board, upon a request for
demolition by a property owner, shall consider the following guidelines in evaluating applications
for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or
buildings, structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria
for designation for listing on the national register. The structure may not individually
qualify for listing on the National Register of Historic Places. However, should the Del-
Ida Park Historic District be nominated for the National Register, the subject historic
structure is deemed a contributor to such designation.
(b) Whether the structure is of such design, craftsmanship, or material that it could be
reproduced only with great difficulty or economically nonviable expense. A
reproduction of this structure would be exactly that, a reproduction, which is something
that would not be considered contributing to the historic district on any level.
(c) Whether the structure is one of the last remaining examples of its kind in the
designated historic district within the city. While not the last remaining example of a
Minimal Traditional style structure within the city, the city is quickly losing its historical
resources one by one, diminishing its historic stock. Therefore, it could be deemed
one of the last remaining examples, because this style is no longer reproduced, rather
inspires other designs. The absolute last remaining example of a style of architecture
is not the only one that should be saved. Only a minimal amount of structures in
Delray Beach are deemed contributing, as all other potentially contributing structures
are not protected, and this is particularly true of the Del-Ida Park Historic District.
Therefore, reparation to those contributing structures should be taken into
consideration rather than demolition. When a historic structure, whether it is deemed
contributing or non-contributing, is purchased, its restoration and/or renovation should
always be the first priority of the homeowner. Otherwise, there are many properties
3/9
527 N Swinton Avenue COA 2005-1:-
HPB Meet:ng t'o'1ay 17,2006
without such designation where one could demolish the existing structure without any
problems.
(d) Whether retaining the structure would promote the general welfare of the city by
providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage. Retaining the structure would provide a look into the importance and value of
an example of the City's architectural culture and heritage which no longer exists.
(e) Whether there are definite plans for immediate reuse of the property if the proposed
demolition is carried out, and what effect those plans will have on the character of the
surrounding area. While there are definite plans to reuse the property, the benefits of
retaining a historic structure should be looked into such as: relief in the way of a
variance, should the owners opt to build onto the existing structure, as well as tax
incentives for improved and maintained historic properties.
The Secretary of the Interior's Standards for Rehabilitation recommend that:
The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
(Standard #2). The demolition would remove all of the property's historic character.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old in
design, color, texture, and other visual qualities and, where possible, materials. (Standard #6)
This should be considered in retaining the existing structure rather than demolishing it.
The existing structure was constructed in 1947 and is of the Minimal Traditional style, a style
containing architectural details, and scale and mass that are no longer constructed. Demolition
of this structure would contribute to the already rapid depletion of the City's historic building
stock, located throughout the entire City, not only the designated historic districts. Options
should have been considered other than requesting the age of the structure and basing the age
on whether or not to demolish it. There are always ways to restore structures which have
problems much greater than the subject structure.
The applicant, as previously noted, has submitted reports regarding the structural state of the
dwelling as well as mold infestation. Regarding the structural state of the dwelling, the City's
Chief Building Official made a site visit and determined that the structure was sound and
habitable in that there were no major structural cracks which would point to structural failure but
that there were a few rafter tails which seem to have rotted off, which are replaceablelreplicable.
Regarding the mold infestation, the property owner stated the following through e-mail
correspondence with Staff regarding the issue:
'When I purchased the property, I only had a standard home inspection. At that
time, the inspector showed me all of the visible signs of mold throughout the
house, and strongly recommended that larder a mold inspection in addition to
the home inspection. The additional cost would have been approx $300-650.
After the home inspection, and after speaking with several contractors, we
realized that renovation/adding on would not be an option due to the poor
condition of the home and the extremely high costs of renovation. We contacted
the city and Warren Adams- the historic preservation planner at the time, to make
sure that we would be able to take the house down and build on the property. He
explained that this was a "non-contributing" structure and was therefore possible
4!9
527 N Swinton A.venue COil. 20C6-1~-
HPB Meeting May:? 2006
through the COA process. We opted not to pay the additional costs of a mold
inspection at that time because we would not be able to occupy the house prior
to demolition. I did not obtain an official report until after the March 1 HPB
meeting, when additional reports were required by the board. "
Had the additional inspection occurred, it would have been of use to compare with the current
report, as the structure does not appear to have been secured during the hurricane season of
2005, nor since, providing the homeowner no justification to demolish the structure due to mold
infestation. The Del-Ida Park Historic District should not lose a historic resource because of a
property owner's negligence. Additionally, the applicant claims that they were advised that
demolition is possible through the COA review process, but not guaranteed. Therefore, it was
assumed that the demolition would be permitted and no further inspection, as recommended,
was obtained.
Should the demolition continue forward with approval, the Board should consider delaying the
effective date up to six months from the action taken to allow the applicant to seek out other
alternatives to demolition, such as contributing the structure to a community group, or looking to
relocate it to another property. This should be done through public advertisement providing the
public an opportunity to become informed. Additionally, the structure should be documented
with measured drawings and floor plans as well as photographs to be deposited into the local
archives.
New Construction
Pursuant to LOR Section 2.4.6(H)(5), the Board must make a finding that any Certificate of
Appropriateness which is to be approved is consistent with Historic Preservation purposes
pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and
specifically with the provisions of LDR Section 4.5.1.
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources. The objective shall be met through continued
adherence to the City's Historic Preservation Ordinance and the following policies:
Policv A-4. 1: Prior to approval or recommending approval of any land use or development
application for property located within a historic district or designated as a historic site, the
Historic Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4.5. 1 of the Land Development Regulations relating to historic sites and
districts and the "Delray Beach Historic Preservation Design Guidelines".
The Future Land Use Element Objective noted above requires that redevelopment provide for
the preservation of historic resources. The submitted proposal does not, in any way, provide for
the preservation of historic resources; rather, it allows for the destruction of the city's historic
resources.
LOR Sections 4.5.1(E)(4) and 4.5.1(E)(7-8), provide 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 the Interior's Standards for
Rehabilitation, as amended from time to time.
5/9
527 N Swinton Avenue COA 2006-1"
HPB Meet'ng May ;7. 2006
(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)(B) All improvements to buildings, structures, and appurtenances shall be visually
compatible. Visual compatibility shall be determined in terms of height, front faqade
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 Secretary of the Interior's Standards for Rehabilitation recommend that:
Each property shall be recognized as a physical record of its time, place, and use. Changes that
create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken. (Standard #3)
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. (Standard #9)
New 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 new work in this case is the complete development of the property. The demolition would
destroy the historic character of the property, regardless of the compatibility of the new
construction.
The Delray Beach Historic Preservation Design Guidelines recommend the following with
respect to new construction:
o The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district. The new construction on this
parcel will detract from the historic setting of the district and the immediate streetscape.
oAII new construction should compliment the historic architecture of the district. New
construction should not create a false sense of historical development by utilizing conjectural
features of stylistic elements taken from other buildings. Regardless of what is placed on this
parcel, it will be purely conjectural providing a false sense of historical development, asthe
existing contributing structure will no longer exist, breaking up the important and historical
Swinton Avenue streetscape of Del-Ida Park and Delray Beach.
o For buildings where additional height is allowed, stepping back the upper stories may help to
minimize the difference as viewed from the street. The second-story has been set back
approximately eight and a half feet (8'6") from the front wall plane. This is not significant
6/9
527 N Swinton Avenue COA 2006-1 ~..
HPB Meeting r...1ay 17. 2006
enough when looking at the predominately one-story streetscape along the Del-Ida Park side
of North Swinton Avenue.
o The height of any new building should be similar to those of other buildings along the
streetscape. The subject property is surrounded by properties containing one-story, historic
structures.
o The character of the massing should be compatible with the surrounding buildings. The
existing structure contains a massing compatible with the surrounding buildings. The
proposed structure is located on a triangular island surrounded by streets within the Del-Ida
Park Historic District which contain one-story historic structures, with one exception.
Analvsis:
The overall proposal to demolish a contributing structure in the Del-Ida Park Historic District and
subsequently construct a new dwelling needs to be revised. It appears that the existing
structure was never taken into consideration when purchased. The comments made throughout
the above analysis regarding the existing structure should be considered. An addition to the
existing structure is always an option which has benefits such as seeking supportable relief in
the further development of the property as well as tax relief for ten years based on the
improvements of the property.
Based upon the above, positive findings cannot be made with regard to Sections 2.4.6(H)(5)
and 4.5.1 (E)(4), (E)(7), and (E)(8) of the Land Development Regulations as well as the
Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic
Preservation Design Guidelines due to the fact that alternatives to demolition should be sought
and the proposed new construction would not be compatible with its surroundings in the
proposed location.
The submitted landscape plan was reviewed by the City's Landscape Inspector who had the
following comments:
1. Landscape plans submitted for properties within an historic district shall be signed and
sealed by a registered landscape architect.
2. The first floor plan is not consistent with the site and landscape plan. A large patio area
is shown on the first floor plan but is not shown on the site plan. All plans must be
consistent.
3. A minimum five (5) foot wide landscape strip is required to separate a vehicular use area
from abutting property. This applies to the green area adjacent to the driveway.
4. Landscape calculations for single family shall be part of the landscape plan, using our
standard form. The form can be obtained at the front desk of the Building Department.
A plant list identifying all proposed trees, shrubs, ground cover and sod type shall also
be part of the landscape plan. Planting details and specific notes such as depth of
mulch, removal of prohibited plant species, sod and irrigation in the right-of-way, plant
grades and irrigation requirements shall be part of the plan. A separate irrigation plan
must be submitted at the time of permitting. All plant beds shall be clearly defined and
the type of plants to be installed as well as the quantity shall be shown in the location
proposed. Xeriscape principles shall be utilized in landscape designs and installations.
Small areas of sod shall be converted to ground cover and plants with similar
requirements shall be grouped together. The lawn areas shall be on a different watering
schedule than the planted areas. Tree and shrub planting in not permitted in the right-of-
way. All overhead power lines and other utilities and easements shall be identified on the
7j9
527 N Swinton Avenue COA 2005-1;-
HPB Meeting May 17. 2006
landscape plan to avoid conflicts. Sight/distance triangles shall be shown on the plan.
When a driveway intersects a right-of-way, no plants, wall or fence can be installed or
maintained at a height that exceeds 36 inches for a distance of 20 feet from the
intersection of the driveway with the property/ right-of-way line. All trash areas,
mechanical equipment and ground level air conditioning units shall be shown on the plan
and the method of screening shall be shown, as well.
Demolition
A. Continue with direction.
B. Move approval of the Certificate of Appropriateness for demolition at 527 North Swinton
Avenue, Del-Ida Park Historic District 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 the Land Development Regulations,
the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation with the following conditions:
1. That the effective date for demolition is delayed for up to six months from the action
taken to allow the applicant to seek out other alternatives to demolition, such as
contributing the structure to a community group, or looking to relocate it to another
property,
2. That the applicant provide complete documentation of the site and structures existing
conditions. Documentation shall include measured elevations and floor plans, site
survey and photographs.
C. Move denial of the Certificate of Appropriateness for demolition located at 527 North
Swinton Avenue, Del-Ida Park Historic District 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 the criteria set forth in the Land Development
Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation.
Certificate of Appropriateness
A. Continue with the following direction:
1. That the original mold report is submitted from the inspection at purchase;
2. That all square footage is properly and accurately noted on the plans;
3. That the design is modified to be in keeping with the Del-Ida Park Historic District;
4. That the scale and massing is modified to that of the historic building stock within the
Del-Ida Park Historic District;
5. That Hardiplank siding is used, not stucco made to appear like siding;
6. That a revised door and window schedule is submitted providing details of materials;
7. That clarification is made regarding the fixed glass windows versus single-hung
windows;
8. That all Landscape Technical items are complied with;
9. That shutter-dog hardware be installed at all shutters;
10. That the roof finish is noted;
11. That the roof pitch is noted;
12. That fence and gate details are submitted;
13. That the drive and walkway contain brick pavers rather than concrete;
14. That all hardscaping materials are noted on the landscape plan, and;
8!9
527 N Swinton Avonue COA 2006-r-
HPB r'Jleeting r..1ayi7, 2006
15. That alternatives to demolition are sought out.
B Move approval of the Certificate of Appropriateness for 527 North Swinton Avenue, Del-
Ida Park Historic District 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 the Land Development Regulations,
the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation.
C Move denial of the Certificate of Appropriateness for 527 North Swinton Avenue, Del-Ida
Park Historic District 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
the criteria set forth in the Land Development Regulations, the Delray Beach Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
By separate motions:
Demolition
Move denial of the Certificate of Appropriateness for demolition located at 527 North Swinton
Avenue, Del-Ida Park Historic District 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 the Land Development
Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards
for Rehabilitation.
New Construction
Move denial of the Certificate of Appropriateness for 527 North Swinton Avenue, Del-Ida Park
Historic District 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 the Land Development Regulations, 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: Location Map, Photographs, Survey, Site Plan, Architectural Elevations,
Demolition Request, Information, Original Building Permit Copies circa 1946, Site Information
RE: Date of Construction 1947 vs. 1958, Submitted Site Analysis Information
9/9
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en~ plee.. 23 62-161
Reasons for Demolition:
527 N Swinton Ave, Delray, Florida 33444
Renovation of the existing structure is overly expensive and problematic. The costs involved
with renovating the structure will require our financial investments to exceed the property's
fair market value. Additionally, a recent mold inspection revealed extremely elevated levels of
toxic mold in the home. This poses serious health risks for our family and for any contractors
who perform the extensive work necessary to renovate the existing structure. However,
Demolition and new construction is an economical and safe approach that will allow for a more
appealing home made of current "Codeft materials and specifications. This will enable us to have
a home that meets the needs of our family, adheres to Delray Beach Historic Preservation
guidelines, and will add to the charm of the community.
The following considerations have been reviewed and responses are enclosed:
A. The current dwelling located at 527 N. Swinton is not of any such interest or quality that
it would reasonably fulfill criteria for designation on the National Register. It has not
been associated with the life or activities of a major person important in city state or
national history or any historic event; It does not exemplify any historical, political,
cultural, economical, or social trends of the community in history. It has not been
associated with a past or continuing institution which has contributed substantially to the
life of the city.
B. The structure is not of such design, craftsmanship or material that it could be
reproduced only with great difficulty or unviable expense. It was constructed with
materials frequently used today, such as Concrete Block Stucco, standard asphalt
composite shingles, and plaster. However, bringing the existing structure to code would
require a major financial investment and potential health risks associated with toxic mold
exposure; the electrical system is not up to code, and the foundation and roof system are
unsafe and do not comply with good engineering practice. (see Engineers structural
inspection report and mold report)
C. The structure located at 527 N. Swinton Ave is not a "one of kind" or of limited
existence in the neighborhood. The current "ranch" style home is common throughout
Delray Beach and its historic districts. This structure was built in 1958, possibly to
replace or replicate earlier "minimal traditional" style home(s) without use of the same
materials, methods, or quality.
D. Retaining the current structure would not in any way promote the welfare of the City of
Delray Beach as it does not provide an opportunity to study local history, architecture
and design or develop an understanding of a particular culture and heritage. The existing
unsafe structure was poorly designed and built, abused and neglected, and has been an
eye-sore to the community for many years. Retaining the current structure would rather
adversely affect the welfare of the city.
E. We have immediate plans for building on this site as referenced in the COA application
and architectural plans enclosed. The property has been unsightly and poorly maintained
for many years prior to our ownership; these plans will certainly improve the character of
the surrounding neighborhood. Since our last submission, we have drastically reduced
the size, scale, and mass of our proposed home to be more compatible with the existing
Del-Ida historic stock
F. Due to the poor structural integrity of the existing dwelling, and extensive wear as
illustrated by multiple wall cracks, roof leakage, rotten wood, toxic mold growth,
deteriorating interior and exterior walls, relocation is not a viable alternative to
demolition. At the March 1 HPB meeting, we also submitted an Engineer's report
indicating that the building is "unsafe to be relocated." (see previous Engineer's report
regarding relocation) Additionally, imposing a waiting period prior to demolition will only
cause more financial difficulties and prolonged displacement of our family.
G. Denial of COA for the demolition and new construction of the dwelling will cause severe
economic hardship on the applicant for many reasons:
. The home is uninhabitable in its current condition, and was purchased specifically to
build our family's primary residence. We must also pay for another residence until a
safe home is constructed.
. The overwhelming costs of renovating an unsafe structure along with the
requirements to meet current vs. historical building codes will have devastating
financial consequences for our family.
. Banks do not finance renovations beyond market value.
. We must continue to incur costs without being able to use the property for mortgage
interest, taxes, homeowners insurance, exterior maintenance costs, etc.
. We've already incurred significant added expenses resulting from the COA process
due to further delays, costs of additional Engineer Report(s), application fees,
additional architect fees due to completely revising plans, title search reports,
property history reports searching for additional proof of age and/or any historical
significance. (see attached documentation)
. The value of our property will drop tremendously if the existing structure, given its
size, poor condition, unsafe structural status, and lack of significance, is labeled
"contributing" and not able to be rebuilt in a cost-effective manner.
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Palm Beach County Property A"T)raiser Property Search System
Page 1 of2
Location Address: 527 N SWINTON AVE
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
LeClal Description:
DELRAY BEACH
12-43-46-09-29-003-0012
DEL IDA PARK IN
18892 Page: 1361 Sale Date: Jul-2005
DEL IDA PARK S 2 FT OF LT 1 & LT 2 BLK 3 {DEL-IDA PARK HISTORIC
DISTRICT}
Owner Information
Name: DAWSON SHANNON J
~
Mailing Address: 527 N SWINTON AVE
DELRAY BEACH FL 334443969
Sales Information
Sales Date Book/Page Price Sale Type Owner
Jul-2005 18892/1361 $355,000 WARRANTY DEED DAWSON SHANNON J
May-1992 07272/0796 $100 QUIT CLAIM
Feb-1992 07144/0687 $75,000 WARRANTY DEED
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1361
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
2004
64 561
25 000
39 561
2003
63 357
25 000
38 357
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
-3
rf--
ro
-
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
http://www.co.palm-beach.fl.us/papa/aspxlweb/ detail_info,aspx?p _ entity= 1243460929003,.. 4/2712006
Structural Detail
Page 10fl
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 BUILDING 2 BLILDING 3 BlJIUJlNG-+
Structural Element for Building 1
1.Ext erior Wall 1 CB STUCCO
2. Year Built 1958
3.A ir Condition Desc. HTG & AC
4, Heat Type FORCED AIR DUCT
5.H eat Fuel ELECTRIC
6. Bed Rooms 0
7.Ful I Baths 1
8. Half Baths 0
9.Ext erior Wall 2 N/A
10. Roof Structure GABLE/HIP
11. Roof Cover ASPH/COMP. SHG.
12. Interior Wall 1 PLASTER
13. Interior Wall 2 N/ A
14. Floor Type 1 HARDWD/PARQUET
15. Floor Type 2 N/ A
16. Stories 1
Extra Feature
Description
PATIO ROOF ALUMINUM OR STEEL
Spa
Deck
UTILITY BUILDING
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1133
FSP FINISHED
2. SCREENED PORCH 78
UOP UNFINISHED OPEN 150
3. PORCH
Total Square Footage: 1361
Total Area Under Air: 1133
-
Year Built
Units
105
1
550
50
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
Record Search I Information I Exemotions I Community I Emplovrnent I New Home Buver I Office Locations
Value AdiustmentBoard I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I 00 I Forms I Contact Us I PAPA
C9 2004 Palm Beach County Property Appraiser,
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info2.aspx?p _ entity= 124346092900... 4/2712006
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ORIGINAL SURVEY
72
o
OTHERS FOUND AT ~ELRAY CITY HALL
'It
[~rOURI CONSULTINf' ~6INEERS
General Contracting and Structural Engineering
3851 NW 132 STREET MIAMI FL 33054
l,vww,akomi,l1et
Akouri@comcast,net
TEL (305) 688-8282
TEL (954) 292-7314
FAX (954) 986-6670
March 19,2006
Mrs. Shannon Dawson
9 Wieuca Trace
Atlanta G,A. 30342
Tel: 954-729-0135
Fax: 404-705-8222
RE: Structural inspection of a single home family located at:
527 N. Swinton Ave
Delray Beach FL 33444
Dear Mrs. Dawson:
Akouri Consulting Engineers performed an inspection for the above referenced house on Friday, March 17,
2006. Please be advised that based on our visual inspection the house is considered to be an unsafe structure
for the following reasons:
1, Akouri Consulting Engineers inspected the crawl space to find the floor framing is unsafe and
require replacement. All supports do not in any way comply with good engineering practice.
These supports have caused differential settlements. The floor joists have deflected and must be
replaced.
2. All doors and windows must be replaced with impact doors and windows.
3. The roof framing is not safe and do not in any way resist the wind load pressures. There are no
proper lateral bracing and/or proper straps. Therefore, Akouri Consulting Engineers Recommend
that the roof framing be replaced with an approved truss framing system.
4, The wood deck must be replaced.
Please be advised that the estimated cost for the demolition and the restoration of the above mentioned
deficiencies is about $275,000.00.
The work must be performed by licensed Contractors in accordance with plans prepared by Licensed Engineers
and/or Architects and approved by the Local Building Department.
If you have any questions or require additional information, please do not hesitate to contact this office at (954)
292-7314.
S' cerel t:
kouri Cous.iti . .. iu~
o? '"'/:;0 ,06'
Ge6rge Ak/..fi1,MSCE, P .E.
PE # 0049526
Certificate AuLh. 7357
CGC 058841
Page 1 of 1
March 21, 1006
FLORIDA STATE ROME INSPECTIONS, INC.
4585 NORTH D.IXIE HIGHWAY
DEERFlEL'D BEACH, FL 33064
954-941-9084 (Phone)
954-941-4443 (Fax)
Shanllon Dawson;
Property addr~ss: 527 North Swinton Avenue, Delray Beach, FL
Upon inspection of above said property, we noted that there was significant mold growth
On ceiling joists. tloor joists and walls around windows and in and beh.ind kitchen
cabinets, The mold results show high levels of StachybolTYS, Penicillium/Aspergillus, and
other varieties of mold, as shown in the repelt. Extreme caution during renovation is
necessary. due t(1 elevated mold levels and it is ow' pl."Ofessional opinion that some of the
necessary repairs, due to mold and tCCluite damage, may be structural and cost of replirs
will be costly versus C0111plete (eaT down. If you have any questions, dOll't hesitate to ::all
the otllcc.
:t:P~
Gene Petilli
Owner, Operator
Irvtlil ~..-l
-=l:1Nt1;>-lf1c:;N T c::; (T-=l
JJC~7s:lJ"Ck
"~:CT q~~7./T7./~~
PRO.LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
NON-VIABLE Spore Trap M5
Analysis Method SS"jM SOP 6110
Test Add~s$:
Dawson- S27 N Swinton Avenue, Oelray 5ch, fl
Report Number: 032,)06-0569
Received Date: 3/2<1j2006
Report Date: 312{1f2006
JD.ftn !D. S~UIe
Client
John D. Shalle Ph,D" QA Manager
Comments
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
DEBRIS: MOOER/~TE
Phone:
Fax:
Email:
(954) 941-9084
(954) 94J-4443
flsthorneif\SP1@oot,corn
Raw Count
Spores , M3
, .' ' 03;200$~,Q~tp,::::: ..
",:.' ,3/1612006.,"--''-:'.
':':"."::---,QUTSiOlf, :.,:.:::: .:::"': '. :;.:'::--,
.:,. 't~;:..., :...:.,~>
" . 'Raw~Mp.f:'::'" Spoi'e,'/M~:'
Pro-Lab Number:
Date Collected;
Collection Location:
Sample Submitted:
Volume (L):
Serial #:
Spore Identification
Chaeromium
Cla~o5p?riu.m".. _. ,: :: ,:~.,:~,::i," , .' ...
Curvularl.,
Gllncx,J~~lI .
Other Basidiospores
Pel'liclll.lum/ Aspel'!\llllus
Smuts, lTlyxomycetes
S~aChY!l:Otrys , .. .. , " .. ':',.:: .,.
Torula
Total Resulb (Sporell 1M3) :
Biologlcal Particles
Cellulose Fiber
032006.0569
3/16/2006
INTERIOR
MICRO 5
25
340858
--
3 120 .:. Q.'-",:::'i. '""N','.- ;';:;~':,':i , 'Et,
'. '. :..~:;..:,M...' " ,
4 160 ~.. . .. . --' 0, ,~~::..
Y, .. , , , '. , :
3 120 '. ..... O. ;-\.. . .... .....1.0 --.(V:'" ..
--' .. '" - ........
1 40 '. : : 0 ,'. ~
.. !,t' ..~...:.I " .. ,', .., : ...... " ..
1 40 : " " :o""!,"'1' .. "W' '.
" "
31 I 12440 " :':"1" : : ..~:''40':::.~ ,.
2 80 ~ ,,' ~(r ." " 9
j...... ..
.. 2 80 ;o>~... : 1;) "
" '" : ~ "
:I 120 : :"0' -- ..._~ 0
: . "
Raw Count
4
Particles' M3
160
Raw Count
, .' '.' '.,' 1 '
" .
200
Particles I M3
.. ... 4Q'.. ,
13200
Anilly5io Date: 3/20/2006
Analysis ID: 5
Analysis Date: 3/20/2006
Analysis ID~ S
Page: ,
Test Address:
Dawson' 527 N Swinton Avenue, Delri!lY 8ch, FL
Mold Analysis Report
NON-VIABLE Spore Trap M5
Anuly$is Method SSI'YM SOP 6110
Report Number: 032 J06-0569
Received Date: 3/2f112006
Report Date: 3/211/2006
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
~Itn. 5>- SlLuu
~
John D. Shane Ph.D" ~A Manager
Comments
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighltlouse Point, FL 33064
DEBRIS: MODERATE
Phone:
Fax:
Emaih
(954) 941-9084
(954) 941-4443
flsthomeinsp l@llol,com
T/'1<: fOllowlJ19 fungal descriptions are pertinent to samples collected. General characterization of mold is made with resp'~ to their
most common impact to human health, Many genera or molds have species with varylng characteristics,
Spore Name
Description
CHAeTOMIUM COMMONLY FOUND ON A VARIETY OF SUBSTANCES CONTAINING CELLUWSE ING.UDING
PAPER AND PLANT COMPOST. IT CAN READILY BE FOUND ON THE DAMP O:t WA"'ER
DAMAGED PAPER IN SHfE"t'ROCK, "t'HE THERMPOHILrc. NEuROTROPIC NATURE OF THIS
ORGAI\lISM SUGGeSTS IT IS POTENTIALLY AGGRESSIVI;:, NO TOXIC DISEA5ES HAVE BEEN
DOCUMENTED TO DATE,
CLAOOSPOOl:\JM COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT AND
TEXTILES. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE
HYPERSENSITIVITY: rYPE 1). ACUTE SYII1PTOMS INCLUDE EDEMA AND
BRONCHIOSPASMS' CHRONIC CASES MAY OevELOI~ PULMONARY EMPHYSI;MA,
CURVULARIA r'r MAY CAUSE CORNEAL JNFECTIONS, MyCeTOMA AND INFECTIONS IN IMIIIUNE
COMPROMISED HOSrS,
GANODERMA CONSIDERED A BASIDIOSPORE, EDlBLE IN MUSHROOM FORM AND A VERY IMPORTANT
IN THE fOOD U'lDUSTRIES,
OTHER BASIDIOSPORES ONE OF THE MAJOR CL.ASSES OF FUNGAL. ORGANISMS, THIS CLASS CONT.~INS THE
MUSHROOMS SHELF FUNGI PUFFBALLS AND A VARIETY OF OTHER FUNGI.
PEN ICJLLIUM/ASPfRGILLUS THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVlRONUENTS,
COMMONLY fOUND IN SOlL. FOOD, cellULose, AND ALSO CONSIDEREO ,\ COMMON
CONTAMINANT OF FOOD, IT IS ALSO FOUND IN PAINT AND COMPOST PIUS, IT MAY
CAUSE HyPERSENSITIVITY PNEUMONITIS AND AlLERGIC ALVEOLlTIS IN SUSCEPTIBLE
INDIVIDUALS, COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE
HypeRSENsnrvfN: TY~ I), AQJ'I'E SYMP'I'OMS INCLUDE EDEMA AND
6RONCHIOSPASM$; CHRONIC CAses MAY D~ElOP PULMONARY EMPHYSf;MA, MANY
SPECIES PRODUCE MYCOTOXINS, WHIOi MAY BE ASSOOATED WITH DISEASE IN
HUMANS AND OTHER ANIMALS. TOXIC PRODUCTION IS DEPENDENT ON -ruE SPEoes OR
A STRAIN WITHIN A SPECIES AN. ON THE FOOD SOURCE FOR THE FUNGU!;,
SMUTS, MYXOMYCETES COMMONL.Y FOUND ON CEREAL. CROPS. GRASSES, WEEDS, OTHER FUNGI, AND ON
OTHER FLOWERING PlANTS. OCCASIONAlLY fOUND INDOORS, NO t'U:PORYS OF HUMAN
IIIIFECl10N.
page: 2
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston. Florida 33326
Toll Free: 800-427-0550
Test Addr,ss:
Clawson- 527 N Swinton Avenue. Oelr..v B(;h, FL
tllim1
Florida State Home Insp - lhp
4210 NE 26 Ave
lighthouse Point, FL 33064
Phone: (954) 94Hl084
fax: (954) 941-4443
Emalh fJ$thomelnspl@laol,com
STAeHYBOTRYS
TORULA
Mold Analys,is Report
NONNIABLE Spore Trap M5
Analylli:l Method SSI'TM SOP 61 \0
Report Number: 032006-0569
Received Date: ~/21)/2006
Report Date: 3/2.)/2006
:JJtn q). S'rure
John D. Shane Ph,O" (!A M..nager
Comments
DEBRIS: MODER.~TE
THIS FUNGUS MAY PRODUCE A TRICHOTHECENE MYCOTOXIN, SArAATO)cIN H - WHICH
IS POISONOUS BY INHALATION, THE TOXINS ARE PRESENT ON THE FUNG"L SPORES,
THIS IS A SLOW GROWING FUNGUS ON MEDIA, IT DOES NOT COMPETE WELL WrrH
OTHER RAPIDLY GROWING FuNGI. THE DARK COLORED FUNGI GROWS Orl BUILDING
MATERIAL WITH A I1IGH CELlULose CONTeNT AND A LOW NITROGEN eOIlTENT.
INDIVIDUALS wm.. CHRONIC EXPOSURE TO THE TOXIN PRODUCED BY It- IS FUNGUS
REPORTED COLD AND FLU SYMPTOMS, SORE THROATS, DIARRHEA,. HEADACHES,
FATIGUE, DERMATITIS, INTERMITTENT LOCAL HAIR LOSS, AND GENI!RAUlED MALAISE.
THE TOXINS PRODUCED By "tftS FuNGUS WILL SUPPRESS THE IMMUNE SYSTEM
AFFECTING THE LYMPHOID Tissue AND THE aONE MARROW. THE MYCOTOXIN IS AlSO
REPORTED TO BE A LIVER AND KIDNEY CARCINOGEN. EFfECTS BY ABSORPTION OF THE
TOXIN IN THE HUMAN LUNG ARE KNOWN AS PNEUMOMYCOSIS. THIS ORcANISM IS
RARELY FOUND IN OUTDOOR SAMPLES, IT IS USUALLY OIFfICULT TO fINI> IN INDOOR
AIR SAMPLfS UNLESS IT IS PHYSICALLY DISTUR6ED, THI; SPORES ARE IN A GELATINOUS
MASS, THE SPORES WILL DIE READILY AfTER RELEASE. THE DEAD SPORES ARE STILL
ALLER NIC AND TOXIGENIC.
COMMONLY FOUND IN SOIL. DEAD HERBACEOUS STEMS. WOOD. GRASSE:;, SUGAR BEET
ROOT, <:iROUNDNUTS AND OATS. CAUSES TYPE 1 ALLERGIES (HAY FEVER, ASTHMA). NO
REPORTS OF HUMAN INFECTION.
f'age:3
~~.rT nnn7IT7/~~
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
NON-VIABLe Spore Trap t.C5
A/'I81yt.i~ Melhocl SSf'TM SOP 6110
Test Address:
Oawson- s:n N Swinton Av~nu~, Delrlly 8ch, FL
Report Number: 0321)06-0569
Received Date: 3/2(1j2006
Report Date: 3/:a(1/2006
J81in. :b. SIi.Ute
Client
John D, Shane PIl.D., QA Manager
Comments
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
DEBRIS: MODERJ~TE
Phone:
Fax:
Email:
(954) 941-9084
(954) 941-4443
flSthomeinspl tti:lol.com
Report Summary:
MICRO 5
Pro-Lab Number: 032006-0569 Sample Submitted:
Elevated Mold Condition(s) Exists: Yes
If YES: One or mOrll of t~ samples '0 this report indicates the presence of elevated indoor mold sporel> or colonies for t'lese
specific locationl; only, Professional advice will be necessary to determine the appropriate ..ctions to tdke to correct the o)nditions
indicated,
If NO: Tile sample:; in thi$ repOrt do not indicate the presence of elevated indoor mold spore$ or Colol'lieS for the speCifiC
locations only,
If Inconclusive; No comCilrison sample recieved,
"rhe Il'lOld identified in this report is often ..ssociClt~ with excess moisture and can be a problem in indoor environments ilt high
levels, SillC\! mold requires water to grow, it is imporUll"t to prevent rnoisture problems in buildings, Tile presence of mold, water
damage or mu:;ty odor:; should be C1ddressed immediately. In all instances, any source(s) of water must be stopped <lnd the
~)(tent of water damage determined. MQld can grow on Virtually any organic surface, as long as moisture and oxygen are
present. When excessive moisture accumulates in buildings or on building materials, mold growth will often occur, partioJlarly if
tha moisture problem remains undi5Covered Or unad(Jressed, Building materials, such as drywall are made of cellulose and are
highly i:lb$or~nt, perlect surfaces for mold growth when wet, Moisture problems may Include roof leaks, plumbing leaks,
Jandstaping or gutterS that direct water into or under the buildins. and unventGd combu$tlol' appliances; s;uch as gas stoves,
Water damaged building materials supporting mold growth should be cleaned or replaced as quickly ..$ pOsSible io order' :0
ensure a healthy environment. SpecifiC methods of assessing ancl,remediating mold contamination should be based on the
extent of visible (;Qnt~minarlon and the cause of damage.
"rhe mollt comlllon symptoms of mold expO$ure arE! r\Jnny 1lO!:e, eye Irritation, cough, congestion, and aggravation of
uthmil,rndi"lduals with persistent health PrQblernS that aplXIar to be related to mold Dr other types of air Quality contaminant
exposure ShOuld se~ their physicians for a referral to professionClls who Clre trained In occupational/environmental medicine or
related specialtivs ..nd are knowledgeable about these types of exposures. Decisions ~bout n:mO\ling individualS from an
affected area must be based on the result$ of such medical evaluation, Since mold is naturally present in outdoor environments
and w~ share the same air between the indoors and the outdoors, it is impossible to elIminate all mold and their sp'ores from
the indOOr et\virooment,
The detection limit ot' fungCllllnCllysiS uslog opticall11icroscopy is one fungal spore or one fungal structure, The quantitiltilm
limits vary from analysis to analysis and from processing procedure to processing procedure, Contact us to determine your
quantitation limIts,
FOR MORE INFORMATION. PLEASE CALL PRO-LAB- AT 1-800-427-0550 END OF REPORT
Tne above lnro.-matioll was eompitedby PRO-LABlSSPTM Inc, ftOln It\fI ePA's "A Brief Guide 10 Mold, Moisture, IInd your Home" and the N'(C Dept, of Health
"Guidellne5 on Assesment and Remediation of Fungi 10 Indoor Envlrol1~ts". at !he request oland for the exclU$ive VR l)f the dient IWlmoll on this report,
This document ii nolllleg,,1 mandate and should be used lor informetipnal purp05e5 Oflly, Currenlly filet'll are no r:~ral (lJgulallollS II){ evaluating potential
he31lh effed:; of fuflQal c:onramlnallon aod remediation, This informatill'1 is 5ub~t1 to change il6 more informallOll regarding fungal COnlamhl'lnlS becomes
available, For moteloformahon vlsi!: hllp:llwww,eplI,gov/iaClllTlQldlllitlOex,nhTII or www.nyc,govllllmlldol\lhunlleileimold,hlml. This document \Vas designed to
follow currenlly kllOwn loduSlry guidelines for the inlerpretiltion of miCfob~1 sarnpUog, analysis. and remediation, Since interpretation of mold analysis reports is
II tlcienliflc work In progress, it may as such be ct>anga<l al any tlmll witlJPut notice, The diem is solely responsible for tile use or interpreta\illll.
PRO,LA8ISSPTM Ine, makes 110 expreiS or implied wartatlllas a.. 10 h@!l!th 01 a property Irom only the samples sent to Ihier lebrlltory for 8nJlysi:;. The C~enl is
heroaby notified that due to the 6ubjecli,,1;l nalutEt of furlgal analysis aod"l; ,"old growth process. Iabrlltory sample. OiIn ilnd do change lIVer limo telali~ to the
originally sampled m8tenlll. PRO,IABISSP'(M loe. reserves the right to IIrqp,',e elrly dispose of all sempl~ after the \f.Iijling 0' &uc:h samp'"6 are $UffiGieI\t1y
c;ompleled 0' alier a 7 day period. whichever i, greater, PRQ-lABISsPTM /i1<:. pilrticipalGll in lI'\e AIHA t::MPAT program. lAB 10 #163230
, Page: 4
J n ,,..n -...........
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I J r':n70 J h~C
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Dawson. 527 N Swinton Avenue, Delray Bch, fL
Mold Analysis Report
Direct Microscopic E:t3mination
Analysis Method SSPTM SOP 6210
Report Number: 03;~OO6-o571
Received Date: 3/20J;l006
Analysis Date: 3/20/2006
Report Date: 312012006
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Test Addl'ess:
~
J.oAn. :0. Sli.uu
John O. Sha,\e Ph,D" Q/\ Manager
Comments:
Florida State Home InsD - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
Phone:
Filx:
Ernail:
('354) 941-9084
(954) 941-4443
flsthomeinspl@3ol.com
Pro-Lab
Date Collected:
Analyst ID:
032006-0571
03/16/2006
21
Collection Location: UVING ROOM WALL.
Sample Submitted: SWAB
The following fungal descriptions are pertinent to samples collected, General characterization ar maid is made with respel:t to tIlejr most
common impi;l\;;t to human health, Many genera of molds have species with varying characteristics,
HYPHAE
DescriDtion
COMMONLY FOUND ON DEAD PlANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT I,NO TEXTILES,
COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE HYPERSENSmVITY: T'Ype n. ACUTE
SYMPTOMS rNCLUOE EDEMA AND B~ONOtrOSPASMS; CHRONIC CASeS MAY DEVELOP PUl.MONARY
EMPHYSEMA,
NON SPORULATING PIECeS OF FUNGAL ORGANISMS THA" CANNOT 5e IOENTIFIED AS Te, WHAT GENUS
THEY ARE FROM. THEY ARE INDICATIVE OF ACTIVE GROWTH IN THE SAMPLING VIONITY,
THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVIRONMENTS. COMMONLY FOUND IN
SOll, FOOD, CELLULOSE, AND ALSO CONSIDERED A COMMON CONTAMlNAN1' Or FOOD, IT IS AL.SO
FOUND IN PAINT AND COMPOST plLES, IT MAY CAUS~ I-lYPf!R$fNsmVITY PNEUMONITIS AND ALLERGIC
ALVEOLITIS IN SUSCEPTIBLE INDIVIDUALS, COMMON CAUSE OF EXTRINSIC ASTHMA lI(IIMEDIATE-TY'PE
HYPERSENSITIVITY: TYPE I), ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPA~:MS; CHRONIC
CAses MAY DEVELOP PULMONARY EMPHYSEMA, MANY SPECIES PRODUCE MYCOrOXINS, WHICH MAY BE
ASSOCIATED wn'H DlSfASe IN HUMANS AND DTH!:R ANIMALS, TOXIC PRODUCTION IS [IEPENDENT ON
THE SPECIES OR A STRAIN WITHIN A SPECIES AN. ON THE FOOD SOURCE FOR THE FUNGU!i.
Spore Name
CLADOSPORIUM
PEN1CIU.IUM/ASPERGIU
Page: 1
~~.~T nnn7/T7 ,~n
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
Direct Microscopic E;camination
AnalySis M&1hot1 SSPTM SOP 6210
Report 'Number: 03;!006-0571
Received Date: 3/~0/2006
Analysis Date: 312012006
Report Date: 3/20/2006
J44n.!iJ. SlLuu
John D. Shane Ph.D., QA Manager
Test Address:
Dawson- 527 N Swinton Avenue, Delray Bch, FL
awn
Comments :
Florida State Home Insp - Lhp
4210 Ne 26 Ave
Lighthouse Point, FL 33064
Phone:
fax:
Emall:
(954) 941-9084
(954) 941-4443
flsthomeinsp l@..ol,(om
Pro-Lab
Date Collected:
Analyst ID:
032006.0571
03/1612006
21
Collection Location: UVING ROOM WALL
Sample Submitted: SWAB
Report Summary:
Pro-Lab Number: 032006,0571
Sample Submitted: SWAB
Unusuill Mold Condition(s) Exists: V~S
The sample in this report indicates the presence of mold spores for this spedtic location only, The Environmental Prot~tio'"
Agency (EPA) recommends that any IndoOf' mold growth be addressed and that all water or moisture sources be eliminated,
"rhe mold identified In this report is often assodated with excess moisture and can be a problem in indoor en1llronmenls at high
levels, Since mold requires water to grow, it is important to prevent moisture problems hl buildings, Tile prvsenee of mold,
water damage or musty odors should be addressed immediately. In all Instances, any source(s) of water must be stopped and
tM e~tent of water damage ddermlned, Mold can grow on virtually any organiC surface, as long ~s moisture and olCygen are
present. When e)(ceSSlve moisture accumulates In buildings or 0/'1 building materil:llS, mold growth will often occur, particularly if
the moisture problem remains undiscovered or unaddre5seCl, Building materials, such as drywall are made of cellulost! .,nd Clre
highly absorbent, pel'fect surfaces for mold growth when wet. Moisture problems may include roof leaks, plumbi'9 leaks,
landS(apirt!) or 9utter$ th<.t direct w"~r into or ullder the building, and unvented combustion appliances such as 9a; stoves,
Water damaged building materials supporting mold growth should be cleaned or replaced as quickly as possible in ordt!!r to
ensure a healthy environment. Specific methods of assessing and remediating mold contamination should be bas~:d on the
eKtenC of visible contamlnatlol' and thl! cause of damage,
The most common symptoms of mold exposure ..re runny nose, eye irritation, cough, congestion, and aggravation of
asthma.Individuals with persistent health prOblems that appear to be related to mold or other types of air Quality cOlltaminant
exposure should see their physidans for a referral to professionals who are trained In occupational/environmental m~dldne or
related specialties and are knowledgeable about these types of exposures, DeCiSions about removing Individuals from an
affected area /TIust be based on the results of such medical eVilluation, Since mold is naturally present in outdoor environments
and we share tl1e same air between tile indoors and the outdoors, It is 'mposslbll! to eliml,.,ate all mold aM tr,eir spore!; from the
indoor environmet1t,
The detection limit of fungal analysis using optical microscopy is one fungal spore or one fungal structure. The qu !ntitetior
limits vary from an..lysls tCl analysis and from processh19 procedure to prO(e$$,ng procedure, Contact us to determine your
quantitation limits.
FOR MORE INFORMATION, PLEASE CALL PRO.LAST" AT 1.800-427..()550 ENDOF REPORT
The above infOl'l'llatlorl was colnp~eu by PRO-LABJSSPTM lnc, from thEl EPA's "A Biier Guide to Mold, MOiGturu, and your Home" and Ihu NYC Depl. or Haa""
"Guluellnes on Assesmenl and Remedialioo of Fungi in Indoor Environments", at Ihe request of and fOf Ihe 8xduslve Us.} oflh$ dient nal11ed on this report, This
documenl is nol 3 legal mandate and should be used for informational purposes only. Currently there ale no ~lXferal regul..tionG lor evaluating potential health
elteds of fungal conlaminalioll and remediation, This information is subjeClto change as mOie inrormation regardlog fungal conlarninanli l~comes available. FOi
more infQfmation visit: t)Rp:/IWww,epa,govliaq/molde;lindell,l1tml or www.nyc.govlhtml/dohlhtml/eUeimold,html, This documenl was dll$lgrlild to lollow <;urrently
known il'dur.try guidelines for the inlerpretil~on of mic:robiill l;ilmpling. imaIYiir.. and reme<liBtion, Since interpretation of mold lIIlalysis repor1s is a $Cianlifoe work in
progren. it May 01$ lluch bll changQ4 at any \iMa without notICe. Th$ Client i$ r.olely rer.ponr.ible for the use or inlerprelation. PRO-LA8I:;SPTM Inc, makeG no
QxprQ$s or illlplied warranties as to health of a propeny from only the sampllls ';(In! to Ihillr labratofy lor analy!;;r., The Client it. hereby rotified that due 10 tM
subjeCllve nalure of fungal analysis and lhe mold growth process, Illbratory samples can and do Cl'lallg9 over lime relative to the originally sampled material.
PRQ-LABJSSPTM Inc, re5erve5 the r;gllt to properly di6pose of all samples after lhe testing of such samples ale sufflclM1fY COMpleted (r ..her B 7 dllY period,
whichewr;,; graater. PRO,LABlS3PTM Ine Pilrticipate6 in tha AIHA EMPAT program. LAB 10 ;\1163230
Page: 2
In IJn -,t:\....J
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Page 1 of 1
Diaz, George
From: Alvarez, Amy
Sent: Thursday, April 06, 2006 12:35 PM
To: Diaz, George
Subject: 527 North Swinton Avenue
Good Afternoon, George!
Were you ever able to get out to 527 North Swinton Avenue? The applicants claim that the structure is unsafe. I
had come and spoke to you about this property a few weeks ago, and Paul had mentioned that either you or Phil
might be able to do a site inspection regarding the condition of the structure. It is back up for HPB review on April
19,2006 with the applicants proposing demolition, which I don't think is necessary. It seems to be structurally
sound, but I am no engineer! Let me know your thoughts when you get a chance and when you are able to do a
site visit.
Thanks
Amy
UnuJ E. ~
Historic Preservation Planner, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
(561) 243.7284
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Wanen Adams
Education
20.0.1 - 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, 1700-183a.
1999-20.0.0. 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.2o.o.5-Present Broward Trust for Historic Preservation, Inc.
Executive Director
Aug, 2o.o.5-Sep.2o.o.5 City of West Palm Beach
Preservation Planner
Oct. 2o.o.4-Aug. 20.0.5 City of Delray Beach
Preservation Planner
20.0.3-20.0.4 North Somerset Council, England
Townscape Heritage Initiative Project Manager
20.0.2-20.0.3 Strathdyde Building Preservation Trust, Scotland
Project Manager
20.0.1-20.0.2 Historic Scotland, Scotland
Heritage Planner
20.0.0-20.0.1
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
~W<Q'~~ ~~- \.~~D"'_~.b~~Ot.-~
Additional
professional
information
· Elected member of the Palm Beach County Historic Resources
Review Board
· Fonner policy advisor to the Royal Institution of Chartered
Surveyors in Scotland on conservation policy, and point of contact
for press releases.
· Fonner policy advisor to the National Trust for Scotland on the Little
Houses Improvement Scheme.
· Fonner Society for the Protection of Ancient Buildings Yorkshire
Group leader.
· Presentation of lectures and organisation of tours of historic
properties.
· Published articles in professional joumals 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).
.;
LOR Section 4.5.1 (F)(1), the Historic Preservation
Board, upon a request for demolition by a property
owner, shall consider the following guidelines in
evaluating applications for a certificate of
appropriateness for demolition of designated historic
sites, historic interiors, or buildings, structures, or
appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality
that it would reasonably fulfill criteria for
designation for listing on the national register.
(b) Whether the structure is of such design,
craftsmanship, or material that it could be
reproduced . only with great difficulty or
economically nonviable expense
(c) Whether the structure is one of the last remaining
examples of its kind in the designated historic
district within the city
(d) Whether retaining the structure would promote the
general welfare of the city by providing. an
opportunity to study local history, architecture, and
design, or by developing an understanding of the
importance and value of a particular culture and
heritage.
(e) Whether there are definite plans for immediate
reuse of the property if the proposed demolition is
carried out, and what effect those plans will have on
the character of the surrounding area.
.,
The Secretary of the Interior's Standards for
Rehabilitation recommend that:
The historic character of a property shall be retained
and preserved. The removal of historic materials or
alteration of features and spaces that characterize a
property shall be avoided. (Standard #2).
Deteriorated historic features shall be repaired rather
than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture,
and other visual qualities and, where possible,
materials. (Standard #6).
Yahoo! Mail- warrenadams1@yahoo.com
Page 10f2
"hHoor~ MAIL
Print - Close Window
Subject: FW: Master Site File FormsIContributing-Non-Contributing Status
Date:
Fri, 26 May 200615:15:50 -0400
From:
"Alvarez, Amy" <Alvarez@mydelraybeach.com>
To:
"warren adams" <warrenadams1@yahoo.com>
-----Original Message-----
From: Ferro, David [mailto:DFerro@dos.state.f1.us]
Sent: Thursday, May 25, 2006 9:24 AM
To: Alvarez, Amy
Subject: RE: Master Site File Forms/Contributing-Non-Contributing Status
Dear Ms. Alvarez,
Fred Gaske asked that I respond to your inquiry. It is considered fully appropriate for (and we encourage) local
preservation professionals such as yourself to complete Florida Master Site File (FMSF) forms for properties that
have not yet been recorded. A critical part of the recording process involves documentation of the recorder's
opinion regarding the significance of the property. On Page 2 of the FMSF Historical Structure Form, under
Recorders Opinion of Evaluation (changed to Opinion of Significance in a revised version currently in draft form),
the recorder is required to evaluate the eligibility of the structure for National Register eligibility individually or as
a contributor to a potential National Register district. The recorder's evaluation of significance is the only
evaluation provided for most properties in the FMSF. .
There is a space on the FMSF form for documenting an Official Evaluation, if and when such evaluation may be
made by the SHPO and the Keeper of the National Register (see Official Evaluations on Page 1). This formal
Determination of Eligibility (DOE) is most often to resolve a disagreement between a federal agency and the
SHPO regarding the National Register eligibility of a property pursuant to Section 106 of the National Historic
Preservation Act.
Revising a previous opinion regarding significance may be appropriate for a variety of reasons, which may
include physical change to a property, loss of all other examples of a resource type, the age of the property (if
less than 50. years old when recorded), or the need to correct a previous error in judgment. Such revisions are
considered fully appropriate, if based on the National Register Criteria for Evaluation. Again, local preservation
professionals are encouraged to submit such revisions as the need is recognized. An updated FMSF Historical
Structure Form is. the vehicle used for such revisions.
I hope that these comments adequately address your questions.
Sincerely,
David Ferro, R.A, Supervisor
Preservation Services Section
Bureau of Historic Preservation
(850) 245-6363
-----Orig i na I Message-----
From: Alvarez, Amy [mailto:Alvarez@mydelraybeach.com]
Sent: Wednesday, May 24,2006 10:24 AM
To: Gaske, Fred; Ferro, David
Cc: Dearborn, Bonnie B.
Subject: Master Site File Forms/Contributing-Non-Contributing Status
Good Morning!
http://us.f602.mail.yahoo.com/ym/ShowLetter?box=Business&MsgId=6143 _0_5181_166... 7/11/2006
Yahoo! Mail- warrenadams1@yahoo.com
Page 2 of2
I have a question regarding the Master Site File Forms and the classification of Contributing and Non-
Contributing sites. It is my understanding that, as the City's Historic Preservation Planner, I have the
authority/ability to fill out a Master Site File Form for a property that may not have one. In doing this, I
would be looking at the classification of the property, as well. Does this mean I have the authority to
deem a site/structure contributing or non-contributing? If so, do I also have the authority to reclassify a
site as contributing if it was previously deemed non-contributing at the time it was surveyed, assuming it
meets the criteria, of course?
Please let me know your thoughts on this issue at your earliest convenience as there have been some
questions regarding the matter. I can be reached by email or by the phone number listed below.
Thanks in advance for your thoughts and assistance,
Amy E. Alvarez
Historic Preservation Planner, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
(561) 243.7284
http://us.f602.mail.yahoo.com/ym/ShowLetter?box=Business&MsgId=6143 _0_5181_166... 7/11/2006
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ROBFRT S. COHN. AKP. M.U.P.
President
-
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PI..ANNING. ZONING &
DE\lEI...OfME1' ~IS
URBAN
SCliJIlONS,INC.
De1ray Beach City Commission
Appeal of Historic Preservation Board Actions
July 11, 2006
Dawson Application for Demolition and Certificate of Appro{>riateness
Del-Ida Historic Preservation District
Expert Opinions and Basis for Approval
1. Staff rationales for denying demolition are based upon:
a. The home is a "minimal traditional" architectural style which should be preserved as
part of the historic heritage of Del-Ida Park and the loss of this architectural style
throughout the City.
Response: Delray Beach Historic Preservation Guidelines for Del-Ida Park state on
page 10 that "Dating between the 1920's and 1940's, Mediterranean and Mission Revival
styles are prevalent, with detailed Bungalows, Craftsman Cottages, and Framed
Vernacular dwellings also present." Minimal Traditional is not considered contributory
to the preservation of the history or significant architecture of the Del-Ida District,
although it may be contributory and worthy of preservation in other historic districts.
b. While officially designated as "non-contributory," staff has taken it upon themselves
to re-designate the structure as "contributory," based upon their undocumented opinion.
Response: If the City wishes to consider a change in designation, it must first conduct 3<'
historic appraisal of the site to justify its significance, and hold hearings before the
Historic Preservation Board and City Commission, after having notified the owner of the
proposed restrictions on the land and giving them the opportunity to comment in a quasi-
judicial setting.
c. Approval, if any, should be delayed 6 months to provide opportunity to study ways of
preserving or relocating the structure.
Response: The owners have submitted expert structural engineering studies to show
that the building is not structurally sound enough to be moved, and is, in fact, an unsafe
structure, which is not economically viable to be rehabilitated. A 6-month waiting
period, or more correctly, a possible 3-month period for a non-contributory building
which this is, would be an undue hardship without just cause.
www.urbansolutions.biz
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~ ,
Dawson Appeal
Page 2
2. Staff rationale for denying approval of a "Certificate of Appropriateness" is that the
architectural style, height, and FAR of the new home are out-of-character with the
District, and inconsistent with Dept. of Interior Standards for Rehabilitation.
Response:
a. City regulations require that infill construction NOT be the same or mimic historic
buildings so as not to detract from the true contributory structures. The buildings must
be compatible, however, with the style of the district. The significant architectural
styles in Del-Ida Park are Mediterranean and Mission Revival, which are both typically
two-stories in heightt as shown in the Design Guidelines on pages 27 and 26,
respectively. Other styles considered important in the district are typically a mix of
one and two stories. The proposed building is therefore compatible with the architecture
of the district, which has been confirmed by our architect, Randall Stofft. In addition,
Dept. of Interior Standards do not apply to new infill development, but only to
rehabilitation and construction related to existing historic buildings.
b. In terms of FAR, no Code Requirements presently apply to this property.
Nonetheless, the Design Guidelines on page 48 show "an example of appropriate infill
construction" in Del-Ida Park as an existing two-story home with aFAR greater than that
proposed by these owners.
c. Other property owners in the District are overwhelmingly in support of the demolition
and redevelopment as proposed. Petitions signed by approximately 50 other owners will
be presented at the Hearing, while we are unaware of any opposition by owners in the
District.
3. An important objective of historic preservation is the improvement, rehabilitation, and
redevelopment, when appropriate, of the existing housing stock, in order to upgrade a
neighborhood and prevent further deterioration and blight. Overly restrictive and financially
unfeasible regulation, while perhaps unintentional and well-meaning, may yet lead to results
contrary to the beneficial and desirable objectives of the Historic District. The recommendations
of Staff and decisions of the Historic Preservation Board will cause the abandonment of the
proposed project and further deterioration of the property due to the economic hardship created.
Conclusion: It is, therefore, my opinion that the City Commission should approve the appeal of
the actions of the Historic Preservation Board, thereby approving the request to demolish the
existing structure, and approving the Certificate of Appropriateness to become effective
immediately and without any waiting period.
Respectfully submitted,
Urban Solutions, Inc.
~~~
Robert S. Cohn, AICP, M.U.P.
President
AIR Environmental Services, Inc.
2073 NW 20Sth. Terrace
Pembroke Pines, FI 33029
CJCA46305
July, 2006,
Mr. & Mrs. Dawson
527 N. Swinton Ave.
Delray Beach, FI
Re: Mold growth in house 527 N Swinton Ave.
Project # MR 80 16906
Dear Mrs. Dawson:
Based upon the information provided by our initial walkthrough with you we prepared
this proposal.
Pursuant to authorization from you, please allow this letter to serve as our "PROPOSAL
AGREEMENT" between Mr. and Mrs. DAWSON as the CLIENT and Air
Environmental Services, INC., as the CONTRACTOR
The Client fOwner and Contractor agree as set forth the following:
ARTICLE 1
The Contractor shall execute the entire work described in this Contract Document, except
to the extent specifically indicated in this document to be the responsibility of others or as
follows:
SCOPE:
(A) Removal areas to which include the removal of damaged wallboard plaster,
insulation, ceiling and walls. Put area under containment with air scrubbers to
clean the air of mold while work is done. All ceilings will be removed so we can
get to all wood above to clean mold. Note all wood needs to be Dry Ice Blasted
to completely remove the mold. All areas will be sprayed with anti microbial
product. All items must be removed from work area before we can start. Work
could take up to eight to ten weeks and all materials will be placed in contractors
dumpster.
. Please Note: Due to the amount of mold and the visible structural damage to
the house to do this work might be unsafe for workers. We would love to do
the work but it might be better to tear the house down.
Office/954-931-6605 Fax/954-581-7350
~~~ ~~.D:.~C\. ~ -,\\\\CJ\e
AIR Environmental Services, Inc.
2073 NW 20Sth. Terrace
Pembroke Pines, FI 33029
CJCA46305
(B) Microbial cleaning and sanitization will be done after material has been
removed. All work will be performed as per the New York City Guidelines &
EP A guidelines for schools and commercial buildings. All surfaces in the
regulated area will be cleaned utilizing HEP A equipped vacuums, microbial
cleansers and air scrubbing techniques.
(C) Anti microbial will be applied to exposed substrates and framing (Fosters 20 -
40 or similar rated product). Also wood above ceilings and in walls might need
to be treated. If any air testing is needed we can supply a third party lab to do so.
All work under this proposal shall be performed in compliance with all applicable federal
standards, and all other local, state and federal ordinances, laws, regulations and statues
relating to the work being performed
(D) All Fungal & Microbial materials will be double bagged and labeled properly for
disposal at an approved landfill if so required.
(E) All water and electrical connections are the responsibility of the client/owner.
Any permits will done by owner or owner's contractor. If law requires an
Asbestos survey the owner must supply. Parking, dumpster and trailer parking
will be given by owner. Final air testing is not part of this job.
(F) NOTE: Microbiological growth could reoccur if the source of moisture is not
remedied.
ARTICLE II
(A) The date of commencement would have to be determined at the execution of the
formal contract agreement.
(B) Once we mobilize to the site and commence remediation, there will be no delays
by the owner/owners representative. Or any third party.
Office/954-931-6605 Fax/954-581-7350
Asbestos and Mold Remediation
AIR Environmental Services, Inc.
2073 NW 20Stb. Terrace
Pembroke Pines, Fl33029
CJCA46305
(C) Accordingly, all material is guaranteed to be as specified. All work will be
completed in a workmanlike manner according to standard industry practices.
(D) Any alterations or deviation from the above specification will be executed only
upon written orders.
ARTICLE III
(A) The Client / Owner shall pay the contractor in current US funds for the
contractor's performance of this contract document. Mobilize fee 30% first
day on site.
(B) The fee for professional services to be rendered for Mold Remediation shall be
the sum of ($84,488.00) EIGHTY FOUR THOUSAND FOUR HUNDRED
EIGHTY EIGHT DOLLARS NO CENTS. Upon receipt of final payment,
we shall provide owner with any paper work from job. Payment upon
completion
Shannon, we appreciate the opportunity to provide this scope of work and cost
estimate. If you have any questions or special instructions, please contact us; we are
looking forward to working with you on this project.
Sincerely,
Russel Roberts
ACCEPTED AND APPROVED THIS
Day of
2006.
Authorized Signature:
Printed Name
Office/954-931-6605 Fax/954-581-7350
Asbestos and Mold Remediation
FLORJDA STATE HOME INSPECTIONS, INC.
4585 NORTH D.JXlE HIGHWAY
DEERFIELD BEACH, FL 33064
954-941-9084 (Phone)
954-941-4443 (Fax)
March 21,2006
Shannon Dawson:
Property addr0ss: 527 North Swinton AVL:)l1ue, Delray Beach, FL
Upon inspection of above said property. W~ not~d that there was signi"ticant mold growth
On c~iling joists. Hoor joists and walls around windows and in and behind kitchen
cabinets. The mold results show high I~vels of StachybolT)'S, Penicilliuml Aspergillus, and
other varirlties of mold, as shown in the report. Extreme caution during renovation is
necessary, doe to elevated mold levels and it is our professional opinion iliat some of the
necessary repairs, due to mold and termite damage, may be structural and cost of rep:tirs
will be costly versus complete lear down. If you have any questions. don't hesitate [.0 ;:all
the office.
Tha~9 YOU,. f)., .~.
u1)~f~
Gene Petilli
Owner, Operator
PRO.LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
NON-VIABLE Spore Trap M5
Analysis Method SSI'1"M SOP 6110
Test Add~S5:
Dilwson- 527 N SwInton Avenue, Delray Bch, fL
Report Number: 0321)06-0569
Received Date: 3/2(1/2006
Report Date: 312(1j200ti
}eM :i). Sli.4me
Client
John D. Shalle Ph.D., QA MOln"ger
Comments
DEBRIS: MODERJ~TE
Florida State Home Insp - lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
Phone:
Fax:
Email:
(9501) 94H10501
(95"1) 941-4443
fl5lhofllein 5P 1@1I01.(;orn
Spore Identification
Chaetomium
CladosP9ri,~.m..... _.: ..; ~~::~.:.:i:' : ~.: ,; ::.
Curvularla
Ganoderma
,'../. .
Other" Basidiospores
Pel,icJlI.lum/ Aspel'!1l11us
Smuts, myxomycetes
Stachy~otrys .,
Torula
Total Re5ults (Spore~ 1M3) :
Raw Count
SporeB/M3
,.. 03~OO$-9~tO'::.
':. . I 3L16/~DO~.:' ~- ".:: ~_
...::.::'.'QUTS.lDE:.<,-:::-. . ..... .:; .
\:::::: >~J~~.5 ," '.:: ::: ::.. .~ :.' <:;.:::~;.:~. .... :'
: .': : ::~~~t.~~';:"': :.... '~:::. . : :: : ~< :. :':
.' . 'Raw;CQa;n':~'.::'.' Spores" M3: .
Pro-Lab Number:
Date Collected:
Collection location:
Sample Submitted:
Volume (L):
Serial #:
032006.0569
3/16/2006
INTERIOR
MICRO 5
25
340858
"
--
3 120 .l. ~.?, "."M',I ;'~.:t-:,':i " ~.
.. '. :., ::';~":'. ',' ... ,
4 160 ~., , " " ... ~~::,.
", .. . . " ; :
J 120 .,. '.. ..... 0 :_l~ ....-. .G' ..
.. .~.M ......" ""R,.' .. . .
1 40 .. ; : 0 ., ,'. ,'. '." ~~':. ,
,. tit' ":'~~I ,. .. .. :
1 40 ~ .. :.,""-1.'1 ", ':~!"lf.
: :
31 1 1 2440 .'~ : "'1" : : ~:":40'~:::: ..
2 50 ~ .. .:(!". ., $)
ir.:-- .. ,..
: :2 80 ;0: : 0 ..
" ... '" : : ".
J 120 ;.'0' ...._~ 0
: , ..
13200
200
Biological Particles
Cellulose Fiber
Raw Count
4
Particles 1M3
160
Raw Count
. .:. . .,' 1
," ...; :,....
Particles J M3
.:::-:.40:':
AnillY510 Dilte: 3/20/2006
Analy,i51 ID: 5
Analysis Date: 3/2012006
Analysis IDl 5
P8ge: 1
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
NON-VIABLE Spore Trap M5
AnalY3is Method SSr'TM SOP 6110
Test Address:
Dawson- 527 N Swinton Avenue, Delray Bch. FL
Report Number: 032 J06-0569
Received Date: 3/2(1/2006
Report Date: 3/211/2006
jlJ.fut 2>. Sftl'uU!.
Qlmn
John D. Shane Ph.D., C;A Mana~er
Commtlnts
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse PoInt, FL 33064
DEBRIS: MODERI~TE
Phone:
Fax:
Email:
(954) 94J-9064
(954) 941-4443
flsthomeinsp l@;,ol.com
Th,.. following fungal descriptions are pertinent to samples collected. General characterization of mold is made with resp'~ct to their
most common impact to humi!ln health. Many genera of molds have species with yarylng characteristics.
Spore N;:llne
Description
CHAETOMIUM COMMONLY FOUND ON A VARIETY OF SUBSTANCES CONTAINING CELLULC'SE INCLUDING
PAPER AND PLANT COMPOST. IT CAN READILY BE FOUND ON THE DAMP O't WA1.ER
DAMAGED PAPER IN SHEE"rROCK. "[HE THERMPOHIUC. NEUROTROPIC NATURE OF THIS
ORGANISM SUGGESTS IT IS POTENTIALLY AGGRESSIVE. NO TOXIC DISEA:;ES HAVE BEEN
DOCUMENTED TO DATE.
CLADOSPORiUM COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT AND
TEXTILES. COMMON CAUSE OF EXTRINSIC ASTHMA (lMf"lEDIATE- TYPE
HYPERSENSITIVITY: rYPE I). ACUTE SYI'1f'"[OMS INCLUDE EDEMA AND
BRONCHIOSMSMS' CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSI;MA.
CURVULARIA rr MAY CAUSE CORNEAL INI'ECTIONS, MYCeTOMA AND INFECTIONS IN IM'IUNE
COMPROMISED HOSTS.
GANODERMA CONSIOERfO A BASIDIOSPORE. EorBLE IN MUSHROOM FORM AND A VERY IMPORTANT
IN THE FOOD INDUSTRIES.
OTHER BASlDIOSPORES ONE OF THE MAJOR CL.ASSES OF FUNGAL. ORGANISMS. THIS CLASS CONT.~INS THE
MUSHROOMS SHELF FUNGI PUFFBALLS AND A VARIETY OF OTHER FUNGI.
PEN ICIUJUM! ASPERGILLUS THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVIRONttENTS.
COMMONLY I'OUNO 11'1 SOIL. fOOO, CELLULOSE. AND ALSO CONSIDERED,~ COMMON
CONTAMINANT OF FOOD. IT IS ALSO FOUND IN PAINT AND COMPOST PIUS. IT MAY
CAUSE HYPERSENSITIVITY PNEUMONITIS AND ALLERGIC ALVEOLlTlS IN SUSCEPTIBLE
INDIVIDUALS. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE
HYPERSENSIYlvny: IYP~ I). AOJiE SYMPTOMS INCLt,JDE EDEMA AND
6ROI'lCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. MANY
SPECIES PRODUCE MYCOTOXINS. WHICH MAY BE ASSOOATED WITH DISEASE IN
HUMANS AND OTHER ANIMALS. TOXIC PRODUCTION IS DEPENDENT ON "rilE SPEOES OR
A STRAIN WlIHIN A SPECIES AN ON THE FOOD SOURCE FOR THE FUNGU!).
SMUTS, MYXOMYCETES COMMONL.Y FOUND ON CEREAL. CROPS, GRASSES, WEEDS, OTHER FUNGI. AND ON
OTHER FLOWERING PLANTS. OCCASIONALLY FOUND JNDOORS. NO ~EPOR1"S OF HUMAN
rNFEcrION.
Page: 2
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800.-427-0.550
Test Addr~~!i:
Clawson- 527 N Swinton Avenue, DelriilY 8th, FL
~
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
Phone: (954) 941-9084
Fax: (954) 941-4443
Emall: flsthome1nspl@aol.com
5TACHVBOTRYS
TORULA
Mold Analys,is Report
NONNIABLE SJ:.ore Trap M5
Analy~is Method SSI'TM SOP 61\0
Report Number: 032006-0569
Received Dilte: 3/2')/2001;.
Report Date: 3/2.)/2006
~M q). Sft.ruw
John D. Shane Ph.D.. CIA M..nager
Comments
DEBRIS: MODER.tl.TE
THIS FUNGUS MAY PRODUCE A TRICHOTHECENE Myco'rOXIN, SATR.ATO)lIN H - WHICH
15 POISONOUS BY INHALATION. TH~ TOXINS AR~ PRESENT ON THE FUNGIl.L SPORES.
THIS IS A SLOW GROWING FUNGUS ON MEDIA. IT DOES NOT COMPETE If; ELL wrrH
OTHER RAPIDLY GROWING FUNGI. THE DARK COLORED FUNGI GROWS Or! BUILDING
MATERIAL WITH A HIGH CELLULOse CONreNT AND A LOW NITROGEN COIITENT.
INDIVIDUALS WIn" CHRONIC I:XPO$URE TO THE TOXIN PRODUCED BY n-Is FUNGUS
REPORTED COLD AND FLU SYMPTOMS, SORE THROATS, DIARRHEA, HEAD,~CHES.
FATIGUE, DERMATITIS, INTERMITTENT LOCAL HAIR LOSS, AND GENEp.ALnED MALAISE.
THE TOXINS PRODUCED BY i'H1S I'UNGU$ WILL SUPPRESS THE IMMUNE SYSTEM
AFFECTING THE LYMPHOID Tissue ANO nil; 60NE MARROW. THE MYCOTOXIN IS ALSO
REPORTED TO BE A LIVER AND KIDNEY CARCINOGEN. EFFECTS BY ABSORPTION OF THE
TOXIN IN THE HUMAN LUNG ARE KNOWN AS PNEUMOM't'COS1S, THIS OR~ANISM 15
RARELY FOUND IN oumOOR SAMPLES. IT 15 USUALLY DIFFICULT TO FINP IN JNDOOR
AIR SAMPLES UNLESS IT JS PHYSICALLY DISTURBED. THE SPORES ARE IN A GELATINOUS
MASS. THE SPORES WILL DIE READILY AFTER RELEASE. THE DEAD SPORES ARE STILL
ALLERGENI AND T XIGENIC,
COMMONLY FOIJND IN SOIL, DEAD HERBACEOIJS STEMS, WOOD, GRASSE>. SUGAR BEEr
ROOT, GROUNDNUTS AND OATS, CAUSES ll'PE I ALLERGIES (HAY FEVER, ASTHMA). NO
REPORTS OF HUMAN INFErnON.
....,"""........'lnr..IT c ('l"":]
Page: 3
//CIA7Q/"Cl;
b,:CT q~0l/Il/E0
PRO-LAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Mold Analysis Report
NON-VIABLE Spore Trap M5
Analy~i$ Method SSJ'TM SOP 6110
Test Address:
Clawson- 517 N Swinton Av/!nUl!, Delr"y 6eh, FL
Report Number: 0321)06-0569
Received Date: 3/2('/2006
Report Date: 3J~(IJ2006
]eM'lJ. SIi4Ute
~
John D. Shane Pl1.D., QA Manager
Comments
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
DE8RIS: MODERATE
Phone:
Fax:
Email:
(954) 941-9084
(9$4) 941.4443
flsthomeinspl@Clol.eom
Report Summary:
Pro-Lab Number:
032006.0569
Sample Submitted:
MICRO 5
Elevated Mold Condition{s) Exists: Yes
If YES: One or mon.l of 1M ;;amples In this report indicates the presence of elevated indoor mold spores or colonies for t 1ese
specific locations only. ProfQssional advice will be necessary to determine the appropriate ..ctions to wke to corrl!ct the c,)nditions
indicated.
If NO: The samples in this report do not indicate the pre~ence of elevated indoor mold sporeS or colonies for the speCific
IO(:i!Itions only.
If Inconclusive; No comporison sample recieved.
The mold identified in this report is often il$Soci..t~d with E:llCeSS moisture and can be a problem in indoor environments ilt high
levels. Si"cl! mold requires water to grow, it is importclnt to prevent moisture problems in buildings. The presence of mold, water
damage or musty odors :;hould be "ddressed immediately. In all instances, any source(s) of water must be stopped and the
~xtent of water damage determined. MOld can grow Oil virtually any organic surface, as long as moisture and oxygen are
preS<!:nt, When excessive moisture accumullsteS in buildings or on building materials, mold growth will often occur. particularly if
t~111 moisture problem remains undiscovered Or un..ddr~ss(!d. eulldlng materials, such as drywall are made of cellulose arid are
highly l:Ib$or~nt, Mrfect surfaces for mold growth when wet. Moisture problems may Include roof leaks, plumbing leaks,
landscaping or gutters that direct water into or under the bvilding, and unvented combl.lstJo" appliances such as gas sto\'es.
Wate.r damaged building rTllsterillls svpporting mold growth should be cleaned or replaced as quickly as POSSible in ord""r ;0
ensure a healthy environment, Specific methods of ..ssesslng andremediating mold contamination should be based on the
elltent of vi~ible cont..minatlon and the cause of damage.
.rhe most common symptoms of mold exposure are n.mny nose, eye Irritation, cough, congestion, ana aggravation of
asthma. Individuals with persistent health problerns thllt apP"'<lr to be related to mold or other types of air quality contaminant
e><posvre ShOuld see their physicians for a referral to professiOn..ls who ..re trained II' occupational/environmental medicine or
related specialtie~ "nd &r", knowledgeable about these types of exposures. Decisions ilbout r.;,moving individ"'ii1IS from &n
affected area must be based on tM results of such medical evaluation. Since mold is naturally present in outdoor environments
and we share the same air between the indoors and the outooor's. it is impossible to eliminate all mold and their sp'ores lrom
the indoor en\/ironment.
The detection limit of fun9"11I",,lysis using opticall11icroscopy is one fungal spore or one fungal structure. The Quantitiltil)rl
limits vary from analysis to analysis and from proces;;lng procedure to processing procedure. Contact us to determine your
quantit"tion limIts.
FOR MORE INFORMATION, PLEASE CALL PRO-LAB'" AT 1.800-427-0550 END OF REPORT
Tne above Informalion was compiled by PRO-LAB/SSPTM Inc. froon tM ePA's -A erlef Guide 10 Mold. Moill'ure. Dnd your Home" and tl1e N'(C Dept, or HCDlth
"Guidelines on As:;esmenl snll Remellialion of Fungi In IMoOr Envlronlnents-. at the request of Ilnd for the e;xclusive uee pf the cl~nlnam(l\1 on this report.
This document is not 1Ileg~1 mandale anll should be used for informelionlJl purp06e6 P'1ly. Cun.enlly there are no Federal mgulallolls fLlr ell21uDling pOIBnlla'
he3~h effeds of fungall;Onlamln;)t1on and remedialion. This information is 6ubject 10 change liS mOre information r01lardlng fungal contamil1.lnlS becomes
IJYlJilable. For mOflllnformDlion visit l1UD:/lWww.epil.gov/i..q'''''old~f1nde..nl,TlI or www.nyc.gov/htmlldoh/hlmVeifeimold.h!mL This document was designedlo
follow curTllnlly ~nowlllnduslry guidelines for the inlerpret~\ion o~ microbial sampling. analysis. and remediation. Since interpretation of mold analysis reports is
iI ~cienliflc work In progress. it may DS such be changeo;l at any lime wlthoul nOIIcE!. The diem is solely responsible for the use or interpretatillll,
PRD.LAt'l/SSPTM Inc. makes no express or implied warranl/es as 10 Malin o( a property from only the samples sent 10 thier lebratory for onllysis. The Client is
he r0by notified thlll due lo lhe subjectivl;! nalure of fungal al,alysis and the mold growth prDcess, 11Ibrotory ~amplec; can ano 00 ch"r'ge over lime relatil/(l to Ihl;!
ori(Jinally sampled materi~l. PRO-LAB/SSPTM Inc. reserves the fight to properly dispose of all sllmple~ allerlhe le~ling Of such sampr"s are sutr\ci9'IUy
completed or aner a 7 dOly period. whichever i, greater, PRO-LA8/SSPTM Inc. pa,licipales in 1M AIHA EMPAT program. LAB 10 #163230
Page: 4
Dawson- 527 N Swinton Avenu~, Delray 8ch, fL
Mold Analysis Report
Direct Microscopic E:lamination
Anely~i~ Method SSPTM SOP 6210
Report Number: 03;:006-0571
Received Date: 3/200006
Analysis Date: 3/20/2006
Report Date: 3(20/2006
PRO-lAB/SSPTM INC.
1675 North Commerce Parkway
Weston, Florida 33326
Toll Free: 800-427-0550
Test Address:
~
~ 1J. s~uu
John D. Shalle Ph.D.. Qt'\ Manager
Comments:
Florida State Home lnsp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
Pho,~e:
Filx:
Email :
(4354) ~41-9084
(954) 941-4443
f1sthollll! insp l@ilol.colTI
Pro~!-~b
Date Collected:
Analyst JD:
032006-0571
03/16/2006
21
Collection Location: LIVING ROOM WALL
Sample Submitted: SWAB
;c;;.
The-following f\.lngal dl!scrlptlons are pertinent to silmples collected. General characterization of mold is made with respect to their most
common impilct to human health. Many genera of molds have species with varying characteristics.
.-
Spore Name
CLADOSPORIUM
DescriDtioll
COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT IINO TEXTILES.
COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE HYPERSENSITIVITY: T'iPE n. ACUTE
SYMPTOMS YNCLUOE EDEMA AND MONCHfOSPASMS; CHRONIC CASES MAY DfVELOt' PULMONARY
EMPHYSEMA.
.
NON SPORULATING PIECeS OF FUNGAL ORGANISMS THAl' CANNOT l\e IDENTIFIED AS Te, WHAT GENUS
THEy ARE FROM. THEY ARE INDICATIVE OF ACTIVE GROWTH IN THE SAMPLING VIONllY.
THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVIRONMENTS. COMMONLY FOUND IN
SOIL., FOOD, CELLULOSE, AND ALSO CONSIDERED A COMMON CONTAMINAN1" 01'" rOOD. IT IS ALSO
FOUND IN PAINT AND COMPOST PILES. IT MAY CAUS~ I'1YPt='R$ENSITlVfTYPNEUMONITlS AND ALLERGIC
AlVEOllTIS IN SUSCEPTIBLE INDIVIDUALS. COMMON CAUSE OF EXTRINSIC ASTHMA (It>'MEDIATE-TYPE
HYPERSENSITIVITY: TYPE I). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPA~;MS; CHRONIC
CASES MAY DEVELOP PULMONARY EMPHYSEMA. MANY SPECIES PRODUCE MYCOTOXINS, WHICH MAY BE
ASSOCIATED Wn-H DISEAse IN I-JUMANS AND OHlER ANIMALS. TOX1C PROOUCTlON IS PEPENDENT ON
THE SPECIES OR A STRAIN WITHIN A SPECIES AN, ON THE FOOD SOURCE FOR THE FUNGU:;,
H~PHAE
P~N leI LLlUM/ ASPERGI Ll
Page: 1
-'~I..IH'lnC''''IT C' f'1":J
II Ca7QI "Ch
".:CT q~~7./1l/E~
PRO..LAB/SSPTM INC.
1675 North Commerce Parkway
Weston. Florida 33326
Toll Free: 8o.O~427-0550
Mold Analysis Report
Direct Microscopic E:camination
AnalySis """lMd SSPTM SOP 6210
Test Address:
Dawson- 527 N Swinton Avenue, Delray Bch, FL
Report 'Number:
R.eceived Date:
Analysis Date:
Report Date:
03;:006-0571
3/~0/2006
3/~0/2006
3/20/2006
!dWJ!
Jo.lLt.:iJ. s~uu
John D. Shane Ph.D., QA Manager
Comments:
Florida State Home Insp - Lhp
4210 NE 26 Ave
Lighthouse Point, FL 33064
Phone:
Fax:
Emall:
(954) 941-9084
(954) 941-4443
flsthomeinspl@llol.(om
Pro-Lab
Date Collected:
Analyst 1D:
032006-0-' 71
03/16/2006
21
Collection Location: LIVING ROOM WALL
Sample SubmItted: SWAB
Report Summary:
Pro-Lab Number: 032006.0571
Sample Submitted: SWAB
Unu5\1i11 Mold Condition(s) Exists: Yes
The sample in this report indicates the presence of mold spores for this spedfic location only. The Environmental Prot~ction
Agency (EPA) recommends that any indoor mold growth be addressed and that all water or moisture sources bl! eUmin..led.
"fhe mold identified in this report is often ilssoaated with excess moisture and can be a problem in indoor environments at high
levels. Since mold requires water to grow, it is important to prevent moisture problems In buildings_ The presence of mold,
wat~r damage or musty odors should be addressed immediately. 111 all Instances, any source(s) 0/ water must be stopped and
the! extent of water damag" determined. Mold can grow on virtually any organic surface, as long /ls moisture and ol<ygen are
present. whe11 e)(ceSSIVl! moisture accumulates In buildings or on building materiillS, mold growth will often occur, particularly il
the moisture prOblem remains undiscovered or unaddressed. Building materials, such as drywall are made of cellulas!, (Jnet &re
highly absorbent, perfect surFaces for mold growth when wet. Moisture problems may include roof leaks. plumbi 19 leaks,
landsc..pirt9 Or gutter" th<.t airect w;,ter into ar undl?r the building, and unvented combustion appliances such as 9a; stoves.
Water damaged building lTIateri<lls supporting mold growth should be cleaned or replaced as quickly as possible in order to
ensure a healthy environment. Specific methods of assessing and remediating mold contaminatio" should b~ bas~d on the
f:lxtent of visibl,,: contamlnatlo"a"d the cause of damage.
The most common symptoms of mold exposure lire runny nose, eye irritation, cough, congestion, and aggravation of
asthma.Individuals with persistent health prOblems that appear to be related to mold or other types ot air Quality cOllt.ominant
exposure should see their physicians tor a referral to professionals who are trained In occupational/environmental m ~dldne or
related specialties and are knowledgeable about these types of exposures. DeCisions about removing individuals from an
affected area must be based on the resultS ot such medical evaluation. Since mold is naturally present in outdoor environments
and we share tl1e same air between the indoors and me outdoors, It is impossible to eliminate all mold and Uleir spore~; from the
indoor environrnent.
The detection limit 0/ tungal analysis using optical microscopy is one fungal spore or one fungal structure. The qu !ntitCltior
limits vc.ry from llndlysls to analysis and from processing procedurr: to processJng prOCl!dure. Contact us to determine your
quantitation limits.
FOR MORE INFORMATION, PLEASE CALL PRO-LAB'" AT 1-800-427-0550 END OF REPORT
Tho ..boyo inforll1.:ltlorl was compiled by PRO-LABISSPTM Inc. trolT! the EJ"A.S '.A Biior Guide to Mold. MOi$Iu"'. imd your Home. and IhH NYC Depl. of Heallll
"Guidelines on Assesmenl and Remediation of Fungi in Indoor Environments", at Ihe requesl of and tor the exduslve USll o;tM client nilmed on this repol1. This
document is 1'01 a legal mandale and should be used lor informational purposes only. Currently there are no ~oderal rogulations tor eV81uIlling potential health
elfeCls of fungal contamination and remedia~on. This information is subjecllo change as more information regarding fungal conlamin::onlG 118cofTles available. For
more information visil: hl1p:llwww.epll.gov/iaq/moldsiindex.hlml or www,nyc.gov/htmVdohlhtmlleileimold.hlml. This document was do,;lgllod to follow curren~y
~nown industry guidelines fOI the interpretation of miclobial Silmplin9. anelysis. and remediation. Since interpretation of mold analysis reports is a lloontilic work in
J,)rogreH. it may 3$ $uch be changed at any lime wIthout nollce The client is solely respon&ible for lhe use or interpretation. PRO-LABt:;SPTM Inc_ make~ "0
exprllss or implied warranties as to health ot a properlY from only Iho samples ~lInlIO thier tabratory for analy~is. The Client is hereby r otilied that due 10 thll
subJecUve nature 01 lungal analysis and the mold growth process. labratory samples can and do Cl'\allge over timo reliltive to the originally sampled material.
PRO-LABISSPTM Inc. reselves the righl to ploperly dispo$e 01 all samples atler the testing of such samples are sufficiently completed (r after s 7 day period.
whichevlH i. Il,"a\er. PRO-LAB/S3PTM Inc. par1icip"te6 in thl! AIHA EMPAT program. LAB 10 "163230
Page:2
Page 1 of2
Pami R. Maugham
From: Michael
Sent: Sunday, July 09, 2006 9:36 AM
To: 'shannondawson@comcast.net'; 'Scott-correale@comcast.net'
Cc: Pami R. Maugham; Jason Mankoff; Ashlee Vargo
Subject: CORE 002; appeal
;tilt /~;;;f0
4 Ih"t I J- #.J~4!/
Y.(I";- f WI!! ~.(
J.>Af /-ojy
Scott and Shannon:
Some thoughts as I put together the appeal memoranda:
1. I am not sure what information we can find on the "official" nature of the Sanborn Insurance maps. From the
transcripts, it sounds like you may have some more information. Please let me know about it by email or call me
Monday if you do.
2. You said that there may be other "unbuilt" homes on the map; do you have any exact addresses?
3. How are you doing on your petitions?
4. I think you are right about mixing the criteria for additions with criteria for demolition and new construction.
Unfortunately, the "additions" standards are written quite loosely with the reference to "new construction".
Hopefully, we will not spill over too far into this argument since it gets us off the main issue: we're building a
compatible, small scale home for a family in place of noncontributing structure.
5. I will look at the mold infestation reports on Monday.
6. I will look at the Hasner report on Monday.
7. Compatibility of single story and two story houses is something that ought to go away. Nothing in the Guidelines
requires exact replication of rooflines from lot to lot. "Compatibility" is not "Congruity."
8. The historical era of prominence for this Community was before World War II; they cannot make every style
historical. Are the 1960's structures fast becoming "historical?" This is was good point you made earlier. It needs
to be expanded. We are working on it.
9. We did the work on "equitable estoppel". If you are interested, you can see the memorandum on Monday.
10. When you put the National Guidelines, the Design Guidelines, and the Land Development Regulations together,
both in enumerated areas and in their text, we could show approximately 25+ points for demolition and a similar
number for construction (depending on whether you count the "addition guidelines" which we say you should not
count). We are trying to "rationalize" these since making 50 separate points in 20 minutes and explaining the facts
and the estoppel argument is impossible.
11. I read the Memorandum of Amy Alvarez dated May 17, 2006. I not find it supportive. Please reread that
memorandum. There are 15 suggestions on the last page. Let me know how we address them. It seems that she
wants further changes to the submitted plans. Please let me know by email or call me Monday.
Do we have the old re orts and Hasner reports i our file? If not, Pam, please make arrangements with Shannon
and Scott to get a copy on Monday. I am sure we will be speaking further.
Michael Weiner
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that
may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard
copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error,
please notify us immediately by return e-mail or by telephone at 561-265-2666 and delete this message. Please
note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the
contents of this message or any attachments may not have been produced by the sender.
7/10/2006
CASTLE
GENERAL CONTRACTOR
150. N. Swinton Avenue-Suite 100.' Delray Beach, FL 33444. 561.272.120.7
e-mail: castJe@castlefJorida.com . www.castJefJorida.com . Fax: 561.272.0117
FLORIDA
CASTLE FLORIDA Building Corp.
PRELIMINARY BUDGET ESTIMATE
JOB NAME DAWSON RESIDENCE
527 Swinton Avenue
CODE DESCRIPTION
Oi.Oi- G~n~,.ai Conditions 2,000
01.03- Insurance and bonds 1,500
01.04- Job Transoortation 400
01.05- Administrative exoenses 1,50.0.
01.09- ContinQencies/Allowances
01.10- Architect 9,000
01.11- Enaineer 7,500
01.13- Mobilization, Permit Expediting
01.15- Estimator 1,500
01.19- Blueprints/Plans 600
01 .20- Surveys 1,200
01 .30- Soil T estina 1,200
01.50- Permits 4,000
0.1.60- Dumpster Rental 4,500
01.61- Portable Toilet Rental 680
01.62- Temporarv FencinQ
01.65- Eauioment Rental 500
01.70- Temporarv electric
01.71- Temporarv water
0.1.72- Job Site Communication 250
01.75- Temoorarv Construction Trailer/StoraQe
01.80- Construction clean uo 1,000
01.90- Suoervision 9,50.0.
t"\.A nA Casual Labvi 1 (I(\n
U 1.::1'- ,....v'OJ
01.95- Protection 600
01.99- Punch Out 600
02.01- Water and Sewer
02.02- Pavina
02.03- Site Drainaae
02.10- ClearinQ/Excavatina
02.20.- Gradina 750
02.30- Fill 350
02.40- Demolition 4,500
02.50- Soil PoisoninQ
02.59- Grease Trao
02.70.- Landscaoina 5,000
0.2.80.- Seed/Sod 2,00.0.
0.2.90- Irrioation 2,500
03.10- Slab Formina/Finish 4,0.00
03.11- Tie Beam forminQ
03.20- Slab concrete
03.21- Tie Beam concrete
03.22- Patio concrete 2,000
03.23- Sidewalk concrete 2,000
03.24- Driveway concrete 4,500
03.25- Stamped Concrete
03.40- Re-bar and tie beam fasteners 3,500
03.50- Ties/Hanoers 2,500
03.60- Concrete Dump
03.70.- Concrete cuttinQ
0.3.90- Precast units
04.10.- Masonrv subcontractor
04.50- Glass block
05.10- Structural metal columns
05.20- Steel ioists
05.30- Metal studs
05.50- Metal railinQs
06.10- ROUQh carpentry 10,0.00
06.15- Roof FraminQ labor 10,000
0.6.20- Finish caroentrv 5,0.00.
0.6.30- Lumber/Materials 5,00.0.
06.40- Trusses 4,000
06.50.- Millwork 3,000
07.10- Insulation 2,000
0.7.20- Rootino subcontractor 16,000
07.30- Caulkino/Sealino 900
08.10- Exterior doors 2,500
08.20- Interior doors 1,800
08.30- GaraQe doors
08.50- Slidino olass doors
08.60- Fixed olass
08.70.- Windows/doors impact 16,500
08.80.- Mirrors 600
0.8.81- Mirror Doors
08.82- Shower Enclosures 1,000
0.8.90- ScreeninQ
09.10- Drywall subcontractor 10,500
0.9.20- Acoustical ceilinQ tile
09.25- FRP Panels
09.30- Floor and wall tile 3,000
09.35- Stainless Steel
09.40- Marble cou ntertoDs/vanities 2,000.
09.41- Marble Tub
09.50- Stucco 8,500
09.60- Stone
09.61- Brick Pavers 1,800
09.70- Caroet
09.80- WoodNinyl floorinQ
09.85- EooXV FloorinQ
09.90- PaintinQ subcontractor interior/exterior 7,500
09.92- Wallpaper
10.10- Fireolace (reoair) 2,000
10.11- BarbeQue
10.20- Stairways
10.30- Shelving 50.0
10.40- AwninQs 2,200
10.50- Gutters/Downspouts 1,200
10.60- Shutters/Iron Grills
10.70- Mailbox
10.80- Fire StoopinQ
10.90- Fire ExtinQuisher
11.10- Security eQuipment
11.20- Media room eQuipment
11.30- Medical equipment
11 .40- Laboratory eQuioment
11 .50- Educational eQuipment
11.60- Food equipment
11 .70- Hoods/Fans/Installation
12.01- Interior Decorations
12.02- Furniture..
12.10- Cabinets 14,500
12.20- PlumbinQ fixtures 3,000
12.30- Aooliances 4,500
12.40- Hardware 1,000
12.50- SiQnage
12.60.- Blinds, Verticals
12.70.- Bath Partitions/Accessories
13.09- Radiation Protection
13.10- SwimminQ Pools
13.20- Whirlpool/Spa
13.30- Pool Decks, etc.
13.50- Fence/Gate 1,500
13.60- Dumpster Enclosure
14.10- Elevators
15.10- PlumbinQ subcontractor 5,500
15.20- HV AC subcontractor 6,500
15.30- Gas
15.50- Fire Sprinklers
15.60.- Ansul/Fire suopression
16.10- Electrical 10,50.0
16.20- Liahti nwF ans 1,50.0
16.30- Telephone/Communications
16.40- Security System/Fire Alarm
SUBTOTAL 249,130
O. H.10%
Profit 5%
TOTAL
24,913
13,702
287,745
-
July 11, 2006
Mayor Jeff Pearlman
City Commissioners and
Citizens of Delray Beach
Hello,
I am writing to express my support for the Dawson project at 527 N Swinton. I own a
nearby home at 109 Fern Court in the Historic District.
I do not consider the project to be incompatible with the neighborhood. In fact, the
current home is a blight on the neighborhood and I am dismayed that the property is
allowed to exist in its present condition at all. The time consuming review process and
repeated denials of the Dawson's plans are short-sighted. Swinton is a major pathway
through Delray and people are not lined up to pay for improvements on this street.
Moreover, this is a street that should put its best face forward due to its high visibility.
Beautiful homes paid for by owners are a more cost-efficient means to enhance
Delray. Instead, the Board stonewalls owners while we residents pay for traffic medians
to beautify the area. How effective is that? Why not let residents who want to pay for
improvements do so?
Neighborhood regulators should not render homes that conform to other existing homes
non-conforming. There are many large homes on the surrounding lots and the Dawson
project is similar in style and scope. I have attended meetings and find some of the
community input irrelevant to the particular project at hand. Let's us not give credence
to the opinions of those who do not live in the area or who take a hard line position
simply for the status quo or out of distaste for those who can afford large homes.
As a resident of the historic district, I support the proposed project. I am tired of seeing
the existing structure and dismayed at the lengthy process and objections put forth by
the Board and other residents. The Historic District has improved so much over the
past 5-10 years but there is much room for betterment. Vacant lots and construction
projects that never see completion do not benefit the community. Delray is stagnating
in some ways and the slowing housing market and tough reivew process will take the
community downward. Let the Dawsons give Swinton the lift it needs.
Susan Soklin
1Q2.- F ern Court
Delray Beach, FL 33444
~~~~~~-\\\~()~ -~.b
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Next >>
From: "Susan Soklin" <susansoklin@comcast.net>
[ADD TO ADDRESS BOOK]
To: <shannondawson@comcast.net>
Subject: A further comment
Date: July 11,20061:49:25 PM EDT
[VIEW SOURCE]
WHY ARE BIG DEVELOPERS BEING GIVEN THE GREEN LIGHT AND NOT
INDIVIDUALS?
It appears that major construction projects are happening everywhere. Yet, an individual
who wants to build a home cannot. Swinton is a through street to downtown and owners
who wish to improve their homes deserve the same consideration as is given to
developers along Pineapple Grove/2nd Ave.
Let's see the City help folks who want to better the neighborhood. It seems so arbitrary
to allow huge condo projects but not a nice single family home that is consistent with
nearby homes. I support fast tracking the improvement process for homeowners.
Susan Soklin
~ Fe<:v Col1f1 }
.. Delray Beach, FL 33444
INBOX: Email 1 of 28 Move to Folder
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.
2006 Comcast Cable Communications, lnc. All rights reserved.
Privacv Statement Terms of Service Contact Comcast
l , .,
Hello,
I am writing to express my support for the
Dawson project at 527 N Swinton. I own a
nearby home at 109 Fern Court in the
~ ~
Historic District.
I do not consider the project to be
incompatible with the neighborhood. In fact,
the current home is a blight on the
neighborhood and stands as a reminder, not
of the past, but of the red tape and daunting
task of improving homes in Delay. Swinton is
a street that should put its best face forward
due to its high visibility. Beautiful homes
paid for by owners are a more cost-efficient
means to enhance Delray. Why not let
residents who want to pay for improvements
do so?
Neighborhood regulators should not
render homes that conform to other existing
homes non-conforming. There are many
large homes on the surrounding lots and the
Dawson project is similar in style and
scope. I have attended meetings
and support improvements to the Historic
District and other neighborhoods.
~~~~~~-\\\~~-~~.~
~
.. '"~ 111
This should not be reduced to a battle
between haves and have nots. This is about
maintaining consistency within the area and
the Dawson project meets that
standard. The Dawsons are trying hard to
comply with standards and rules, yet the
rules are changing. Give them the benefit
here and improve Swinton for the benefit of
the neighborhood and Delray Beach.
Sincerely,
Richard Conn
109 Fern Court
Delray Beach, FL 33444
""--
My name is Sandra Hoesley and I am the owner of the historic home at 515 N. Swinton.
This letter is in the response to the home that has been proposed at 527 N. Swinton.
I believe what the city Is doing to these citizens is wrong. They are trying to build an
attractive home and tear down a horrible wreck. I am sure that these folks have revised and
revised and spent thousands of dollars on architectural fees and are no where. We are building
thousand of town homes, one on top of another and huge homes on very small lots over in
the beach area, but this small 2500 square foot home is not allowed. Why, because it is two
stories, my house on Swinton is two stories and it looks fine on Swinton. or is it because it is
Key West and someone on the board doesn't like that style. Go look along Ocean Rd. from Palm
Beach to Delray Beach. You find beautiful Key West homes next to historic Misner mansions.
The current house Is an eyesore and should not be allowed to remain in our neighborhood. I
have been trying for over a year to get plans drawn, plans revised, plans bid on, plans revised,
plans submitted, revised plans bid on, until it makes a sane person go crazy. And I know that
these folks have been thru the same process. I can assure you that if this money were coming
from the pockets of those that keep rejecting the plans, things would happen much more
expeditiously without so many delays, revisions, and then flat out rejections. It is just not right!
Sincerely,
Sandra Hoesley
~GJ.\L\:>\~\~~ --\\\\\<)\.;-~~,~
Randee S. Schatz, P.A.
Attorney at Law
220 Sunrise Avenue, Suite 209
Palm Beach, Florida 33480
Telephone (561) 833-1846
Fax (561) 833-1881
E-Mail RSSchatz@adelphia.net
Oelray Beach: 15 North East 4th Street, Suite A
Delroy Beach Florida 33444
Tel: (561) 272-0112
Fax:(561) 272-2218
Please Reply to: Palm Beach
July 11, 2006
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Appeal of the HPB's Decision for Demolition at 527 North Swinton Avenue
Dear Mayor and Commissioners:
I am writing to inform you that I was unable to attend the May 17, 2006 Historic Preservation
Board meeting due to my being out oftown for the Health Care District, another board on which I
serve. At the meeting of May 17, 2006, the demolition at 527 North Swinton Avenue was denied.
On the subject of demolition, generally I feel that houses built before 1943 in the Del-Ida Historic
District which are plain and without a definite architectural style and of no connection to any event
or person in Delray Beach history need not be protected. I would have voted in favor of the
demolition and wanted to convey my position to you for consideration in your deliberations.
Very truly yours,
/~~)I(),/
~dee Schatz
~~ ~&-:,~ ~~~ _\\"'~-~<i.1
Robert S. Cohn, AICP, M.U.P., President
Urban Solutions, Inc.
1559 Passion Vine Circle
Weston, FL 33326
(954) 895-4168
RSCohn@myacc.net
~e of PlanninQ & ZoninQ Services Offered
. Development Feasibility Studies/Due Diliaence
Assess the regulatory feasibility of achieving the client's development objectives for
new construction, expansion, or redevelopment of land, including vested rights
determinations. Specific tasks performed typically include the following: analysis of
existing zoning & land use designations, plat & concurrency status, land
development regulations, deed restrictions, access standards, existing conditions,
surrounding uses, and other potential restrictions. Determine innovative solutions to
problems and issues identified, and negotiate successful resolution of the problems
with government agencies, including the vesting of development rights. Land
Development Regulation Technical Summary Reports and Executive Summaries
written upon request.
. Expert Witness
Perform eminent domain, inverse condemnation, urban planning, and zoning expert
witness services for public and private sector clients. Serve as planning expert on
matters in litigation, as well as on quasi-judicial and administrative hearings before
local and state agencies.
Eminent domain services include: assisting appraisers in determination of highest
and best use for establishment of land value; analyzing existing conditions prior to
take and conditions after take; researching land development regulations; preparing
plans to cure the parking, circulation, access, building, and other site-related
problems created by the take; assisting appraisers, accountants, and engineers in
determination of business damages, severance damages, and costs-to-cure.
Planning and zoning expert witness services include testimony and/or
representation at "Snyder" quasi-judicial hearings before City and County Boards
and Commissions relating to various land development petitions. Serve as expert on
cases involving urban planning, land use, zoning, inverse condemnation, access,
and other development-related issues in administrative and judicial proceedings.
~~~~ ~~ ~ _\\\'\D~~
Page 2
. PlanninQ & ZoninQ Problem-SalvinQ
Help clients resolve zoning, land development regulation, and deed restriction
problems relating to existing properties and businesses. Assess the nature of the
problem, independently research applicable codes, regulations and documents,
analyze alternative solutions, develop appropriate strategies, and negotiate a
solution with government agencies in the client's and public's best interest. Typical
issues addressed relate to parking, access, nonconforming uses and buildings,
right-of-way takings, signs, and landscaping.
. PlanninQ AlJlJroval ProcessinQ
Determine all planning and engineering approvals required by City, County,
Regional, and State agencies. Prepare and process the applications for
development permits, including the following:
Administrative Appeals
Binding LeUers
Building & Sign Permits
Code Waivers
Compo Plan Amendments
Concurrency Approvals
Conditional Uses
D.O.T. Variances
DRI's
Delegation Requests
Engineering Permits
Plats
Rezonings
Site Plans
Special Exceptions
Vacations
Variances
Zoning Code Amendments
Coordinate the timing of the approval processing for all permits so as to minimize
the overall timeframe.
. Deve/olJment Plan PrelJaration & Proiect ManaQement
Prepare Conceptual Site Plans for commercial, industrial, community facility, and
residential projects. Assemble and manage a team of design professionals to
prepare the necessary Site Plan Package in accordance with government
regulations, and coordinate the team's efforts to assure consistency, accuracy and
speed. Process and negotiate development plan approval through staffs, Boards
and Commissions expeditiously and cost-effectively.
Robert S. Cohn, AICP, M.U.P., President
Urban Solutions, Inc.
1559 Passion Vine Circle
Weston, FL 33326
(954) 895-4168
RSCohn@myacc.net
Maior Client List
Expert Witness:
. Florida Department of Transportation
. Florida Office of the Attorney General
. Colorado Attorney General's Office (approved)
. City of Fort Lauderdale, Florida
. City of Sunrise, Florida
. City of Delray Beach, Florida
. City of Oakland Park, Florida
. Broward County School Board, Florida
. Brigham, Moore, et. al.
. Ulmer Hicks & Schreiber
. Earle & Patchen
. Lukacs & Lukacs
. John C. Lukacs
. Greenberg Traurig
. Shutts & Bowen
. Nason, Yeager, et.al.
. Frank, Weinberg and Black
Development:
. Quality Inn Hotels
. Howard Johnson Hotels
. Best Western Hotels
. HCA Healthcare
. Humana Health Plans
. Exxon Mobil Corporation
. Shell Oil Company
. Eagle Petroleum I Texaco
. Southland Corporation/Citgo
. ADT
. Prologis Trust (Industrial REIT)
. Industrial Developments International (REIT)
. Weston Park of Commerce
. Costco
. Arvida Corporation
. Lennar Homes, Inc.
. McKinney-Ringham Corporation
. Mecca Farms
. The Denver Post
ROBERT S. COHN, AICP, M.U.P., President
Urban Solutions, Inc.
1559 Passion Vine Circle
Weston, FL 33326
(954) 895-4168
RSCohn@myacc.net
RESUME
An urban and land planner with 30 years of experience as Director of Planning & Zoning for cities and
engineering, surveying, and planning consulting firms in three (3) states. Experience in due diligence
studies related to property acquisition or development expansion and vesting of development rights.
Land planning, approvals/permitting, owner representation and project management for land
developments. Expert witness for planning, zoning, and eminent domain matters. Research, analysis, and
resolution of planning and zoning problems, including conflict resolution and mediation skills.
PROFESSIONAL EXPERIENCE
URBAN SOLUTIONS, INC., Fort Lauderdale, FL and Denver, CO 1992 to Present
President
Responsible for providing urban planning, land planning, and zoning services to private and public
clients regarding development projects, eminent domain, and comprehensive planning. Specialize in
healthcare, petroleum, commercial, industrial and residential development planning for national and local
compames.
. Provide due diligence and land development advice to clients relating to the following: project
feasibility, vested rights, land use, zoning, growth management, concurrency, site planning, and
development review processing.
. Prepare Site Plans and plats, and process applications for site plan and plat approvals, rezonings,
special exceptions, variances, land use plan amendments, and other land development permits.
. Negotiate projects with municipal staffs and citizen groups, and represent clients before various
boards, councils and commissions at legislative, quasi-judicial and administrative hearings.
. Provide expert witness services related to urban planning, zoning, and eminent domain matters to
government agencies and property owners.
. Served as Member of Coral Springs, FL Economic Development Task Force, and Planning
Commissions for Coral Springs, FL and Broomfield, CO (appointed by City Councils)
SHAH, DROTOS AND ASSOCIATES, P.A, Fort Lauderdale, FL 1991 to 1992
Vice President - Planning
Responsible for managing Planning Department of land development consulting firm providing planning
and civil engineering services in Southeast Florida.
. Provided land development consultation to clients relating to project feasibility, zomng,
concurrency, site planning, and development review processing.
. Prepared and processed plans and applications for site plan approval, rezoning, special exception,
variances, and other land development permits.
. Negotiated projects with municipal staffs and citizen groups, and represented clients before
various boards and commissions.
RESUME OF ROBERT S. COHN, AICP
Page 2 of 4
HELLER-WEAVER AND CATO, INC., Margate, FL 1986 to 1991
Director of Planning
Responsible for managing and providing planning services for mid-size land development consulting
firm with two offices in Southeast Florida.
. Organized the Planning Department and managed a staff of six persons.
. Conducted land development feasibility studies for residential, commercial, and industrial projects,
including growth management, concurrency, zoning, and development cost research and analysis.
. Prepared site development plans and subdivision plats.
. Coordinated and managed the development approval and permit processes for projects.
. Prepared applications for Land Use Plan Amendments, rezonings, special exceptions, variances, site
plans, plats, binding letters and Development of Regional Impacts. (DRI's).
CITY OF DELRA Y BEACH, Delray Beach, FL 1985 to 1986
Director of Planning and Zoning
Responsible for long range planning management, developing, updating, and implementing the
Comprehensive Plan, and coordinating the development management and review process for this fast-
growing city of about 100,000 and 16 square miles in Palm Beach County, Florida.
. Reorganized and expanded the department to include a staff of ten, with an annual budget of
$400,000 to perform all comprehensive and current planning.
. Developed the Comprehensive Plan Update required by the 1985 Florida Growth Management Act,
and assisted in the preparation of a Downtown Redevelopment Plan.
. Implemented the Comprehensive Plan, prepared an update to the Zoning Code and Subdivision
Ordinance, and a Land Development Code.
. Assisted a Citizen's Land Use Advisory Committee in the development of a Land Use Policy Guide
to be used in the preparation of the new Land Use Plan.
. Coordinated the development review activities of the Technical Advisory Committee and Planning
and Zoning Board.
. Reviewed anticipated community impacts of land development proposals, and compliance with the
Zoning Code.
. Prepared zoning ordinances, including various planned development districts to encourage mixed use
business parks and employment centers, and overlay districts to encourage redevelopment.
. Participated in the Capital Improvement Programming process.
CITY OF OAKLAND PARK, FL 1979 to 1985
Director of Planning
Responsible for developing, updating, and implementing the Comprehensive Plan for this city of 50,000
and 7.5 square miles in the Fort Lauderdale area of Southeast Florida.
. Organized Planning Department with a staff of three.
. Developed all elements of the Comprehensive Plan in accordance with Florida Statutes.
. Implemented the Land Use Plan and other plan elements, including establishing development review
standards, preparing a new Zoning Code, and managing a Comprehensive Rezoning Program.
. Proposed and developed several new zoning districts to encourage planned and unified
developments, including planned unit development (PUD), office, business, and industrial parks.
RESUME OF ROBERT S. COHN, AICP
Page 3 of 4
. Performed development review, including site plans and subdivision plats, and coordinated/managed
review of major developments.
. Planned public facilities, including public safety, municipal administration, and parks and managed
the City's Community Development Block Grant Program.
. Participated in the Capital Improvement Programming process.
SOUTH FLORIDA REGIONAL PLANNING COUNCIL, Hollywood, FL 1978 to 1979
Planner III - Senior Regional Planner
Responsible for comprehensive regional planning for Southeast Florida, including Broward, Miami-
Dade, and Monroe Counties.
. Coordinated Regional Planning Council's review of Developments of Regional Impacts (DRI's).
Managed the transportation planning projects of the Council, including development of a
transportation issue and policy guide for the South Florida region.
. Served as representative on the Technical Advisory Committees to the Broward and Miami-Dade
Transportation MPO's.
. Reviewed EIS's, Corps of Engineers and DER permits, and other A-95 Reviews.
CALHOUN COUNTY, Battle Creek, MI 1977 to 1978
Associate Planner
Responsible for collecting and analyzing data in support of long and short-range transportation studies as
transportation planner in association with the Southwest Michigan Metropolitan Planning Organization
(MPO) for the Battle Creek area.
. Assisted in the preparation of the 5 Year Transportation Improvement Program (TIP).
. Conducted planning studies in support of the Battle Creek Transit Authority, including a new transit
system for the elderly and handicapped.
EDUCATION AND CERTIFICATION
Master of Urban Planning
New York University, Graduate School of Public Administration
New York, NY
Bachelor of Arts, Political Science
State University of New York
Stony Brook, NY
American Institute of Certified Planners (AICP)
MEMBERsmps & COMMITTEES
Planning Directors Network of South Florida
Coral Springs, Florida Planning and Zoning Board, Vice Chairperson
Appointed by City Commission from 1992-1994, and 1995 - 2000
RESUME OF ROBERT S. COHN, AICP
Page 4 of 4
Coral Springs Economic Development Task Force
Appointed by City Commission in 1991 to assist in the preparation of an
Economic Development Strategy Plan and Element of the Comprehensive Plan
American Planning Association - National, Florida Chapter, and Broward County Section
Founder and Chairperson, Broward Section
Member, Florida Chapter Executive Committee
Broward County Comprehensive Planning Technical Advisory Committee -
Vice Chairperson
City of Broomfield, Colorado Planning Commission
Appointed by City Council 2003-2004
Aspen Creek Homeowners Association
Elected to Board of Directors 2003-2004
Patios of Oakwood Condominium Association
Elected President 1992-1999
MAJOR CLIENTS
HCA Healthcare
Humana Health Plans
ExxonMobil Corporation
Shell Oil Company
Industrial Developments International
Lennar Corporation
Arvida Corporation
Denver Newspaper Agency
Fla. and Colo. Dept. of Transportation
Fla. and Colo. Attorney General's Office
City of Sunrise, FL
City of Delray Beach, FL
Ulmer Hicks & Schreiber, P A
Brigham Moore, et. at.
Shutts & Bowen, P.A.
Greenberg Traurig, et. at.
Summary of Qualifications
Robert S. Cohn, AICP, M.U.P., President
Urban Solutions, Inc.
1559 Passion Vine Circle
Weston, FL 33326
(954) 895-4168
RSCohn@myacc.net
Services:
o Due Diligence/Feasibility Studies
o Expert Witness & Negotiation
o Eminent Domain
o DevelopmenWested Rights
o Traffic Planning
o RezoningsNariances/Exceptions
o Land Use & Master Planning
o Plat Approvals & Amendments
o Land Planning & Approvals
o Land Development Regulations/Comprehensive Plans
o Planning Studies/Municipal Development Review
Experience:
Mr. Cohn brings 28 years of urban & land planning experience to Urban Solutions, Inc.
This experience includes serving as Director of Planning & Zoning for several Cities and
Engineering, Surveying, & Planning consulting firms in South Florida.
Mr. Cohn specializes in the following services for private and public sector clients: due
diligence studies related to property acquisition or development expansion; vesting of
development rights, including concurrency approvals; expert witness services to public
and private attorneys concerning planning & eminent domain matters, including
testimony in court, quasi-judicial, and administrative hearings; preparing and
processing development approvals and permits; and research, analysis, and resolution
of planning & zoning problems with government agencies.
Reaistration:
Member, American Institute of Certified Planners (AICP)
Page 2
Education:
Master of Urban Planning (M.U.P.), New York University, 1979
Professional Oraanizations:
D Founder & President, Broward County Section, American Planning Association
D Board of Directors, Florida Chapter of APA
D Vice Chairman, Coral Springs Planning & Zoning Board
D Member, Coral Springs Economic Development Task Force
D Vice Chairman, Broward County Comprehensive Planning
Technical Advisory Committee
D Member, Association of Eminent Domain Professionals
D Board of Directors, Planning Directors Network
D Member, Colorado Chapter, American Planning Association
D Member, Rocky Mountain Land Use Institute
Maior Clients:
Expert Witness:
D Florida Department of Transportation
D Florida Attorney General's Office
D Colorado Attorney General's Office (approved)
D Broward County School Board
D City of Ft. Lauderdale, Florida
D City of Sunrise
D City of Delray Beach
D City of Oakland Park
D Brigham, Moore, et. al.
D Ulmer Hicks & Schreiber
D John C. Lukacs, Esq.
D Lukacs & Lukacs
D Shutts & Bowen
D Greenberg Traurig
DEarie & Patchen
D Nason, Yeager, et. al.
D Frank, Weinberg and Black
Page 3
Development:
o The Denver Post
o Columbia/HCA Healthcare
o Humana Health Plans
o Exxon Mobil Corporation
o Shell Oil
o ADT
o Quality Inn Hotels
o Howard Johnson Hotels
o Industrial Developments International
o Arvida Corporation
o MCI World Com
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ROBERT S. COHN, AKP, M.U.P.
Resident
-
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--. --
-----
-----
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PlANNING, ZONING &
DEVFLOFMENT EXPERTS
URBAN
S<llJ11ONS, INC.
Delray Beach City Commission
Appeal of Historic Preservation Board Actions
July 11, 2006
Dawson Apl'lication for Demolition and Certificate of Appropriateness
Del-Ida Historic Preservation District
EXl'ert Opinions and Basis for Approval
1. Staff rationales for denying demolition are based upon:
a. The home is a "minimal traditional" architectural style which should be preservelll:_,
part of the historic heritage of Del-Ida Park and the loss of this architectural ~
'it'i . '''c~
throughout the City.
Response: Delray Beach Historic Preservation Guidelines for Del-Ida Park state on
page 10 that "Dating between the 1920's and 1940's, Mediterranean and Mission Revival
styles are prevalent, with detailed Bungalows, Craftsman Cottages, and Framed
Vernacular dwellings also present." Minimal Traditional is not considered contributory
to the preservation of the history or significant architecture of the Del-Ida District,
although it may be contributory and worthy of preservation in other historic districts.
b. While officially designated as "non-contributory," staff has taken it upon th~mselves
to re-designate the structure as "contributory," based upon their undocumented opinion.
Response: If the City wishes to consider a change in designation, it must first conduct a
historic appraisal of the site to justify its significance, and hold hearings before the
Historic Preservation Board and City Commission, after having notified the owner of the
proposed restrictions on the land and giving them the opportunity to comment in a quasi-
judicial setting.
c. Approval, if any, should be delayed 6 months to provide opportunity to study ways of
preserving or relocating the structure.
Response: The owners have submitted expert structural engineering studies to show
that the building is not structurally sound enough to be moved, and is, in fact, an unsafe
structure, which is not economically viable to be rehabilitated. A 6-month waiting
period, or more correctly, a possible 3-month period for a non-contributory building
which this is, would be an undue hardship without just cause.
~ ~~~~~~\\~()~
1559 Passion Vine Circle, Weston. Florida, 33326 . Phone: 954.895.4168 . Fax: 954.385.3772 . E-Mail: RSCohn@myacc.net
Dawson Appeal
Page 2
2. Staff rationale for denying approval of a "Certificate of Appropriateness" is that the
architectural style, height, and FAR of the new home are out-of-character with the
District, and inconsistent with Dept. of Interior Standards for Rehabilitation.
Response:
a. City regulations require that infill construction NOT be the same or mimic historic
buildings so as not to detract from the true contributory structures. The buildings must
be compatible, however, with the style of the district. The significant architectural
styles in Del-Ida Park are Mediterranean and Mission Revival, which are both typically
two-stories in height, as shown in the Design Guidelines on pages 27 and 26,
respectively. Other styles considered important in the district are typically a mix of
one and two stories. The proposed building is therefore compatible with the architecture
of the district, which has been confIrmed by our architect, Randall Stom. In addition,
Dept. of Interior Standards do not apply to new infill development, but only to
rehabilitation and construction related to existing historic buildings.
b. In terms of FAR., no Code Requirements presently apply to this property.
Nonetheless, the Design Guidelines on page 48 show "an example of appropriate infill
construction" in Del-Ida Park as an existing two-story home with aFAR greater than that
proposed by these owners.
c. Other property owners in the District are overwhelmingly in support of the demolition
and redevelopment as proposed. Petitions signed by approximately 50 other owners will
be presented at the Hearing, while we are unaware of any opposition by owners in the
District.
3. An important objective of historic preservation is the improvement, rehabilitation, and
redevelopment, when appropriate, of the existing housing stock, in order to upgrade a
neighborhood and prevent further deterioration and blight. Overly restrictive and financially
unfeasible regulation, while perhaps unintentional and well-meaning, may yet lead to results
contrary to the beneficial and desirable objectives of the Historic District. The recommendations
of Staff and decisions of the Historic Preservation Board will cause the abandonment of the
proposed project and further deterioration of the property due to the economic hardship created.
Conclusion: It is, therefore, my opinion that the City Commission should approve the appeal of
the actions of the Historic Preservation Board, thereby approving the request to demolish the
existing structure, and approving the Certificate of Appropriateness to become effective
immediately and without any waiting period.
Respectfully submitted,
Urban Solutions, Inc.
~d1.~
Robert S. Cohn, AICP, M.U.P.
President
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WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail:mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAMI R. MAUGHAM
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
July 11, 2006
RECE'V~O
JU l'f 20"
CITY CLERK
Ms. Chevelle D. Nubin
City Clerk
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Appeal of the Historic Preservation Board's Decision for Demolition at 527 N.
Swinton Avenue; City Commission Agenda Item No. 9.B.
Our File No.: CORE002
Dear Ms. Nubin:
Enclosed please find the following Memoranda, with titles described below, in
connection with the above mentioned matter:
1. "Demolition Guidelines";
2. "The City is equitably estopped from denying the COA";
3. "The proposed structure conforms to all relevant Land Development regulations
and is compatible with the Del-Ida Historic Neighborhood Plan";
4. "The present structure at 527 N. Swinton Avenue may be demolished underthe
applicable laws, guidelines and rules"; and
5. "Public Support Documentation."
If you hould have any questions with respect to any of the above Memoranda,
please feel ee to contact me.
~ \~~
Mic e ,So Weiner
MSW: ek
Enclosure
Cc: Ms. Shannon Dawson (w/o enclosures)
Mr. Scott Correale (w/o enclosures)
O:\COREOO2\Letter to City Clerk re Memoranda. July II. 2006.doc
\\"\~-~~.t
Demolition Guidelines
City of Delray City of Delray National Guidelines Comment
Beach Beach Designation Designation Criteria
Demolition Criteria
Criteria [4.5.1 (B) (I) and (2)]
[4.5.1 (F) (I)
and Delray
Beach Historic
Preservation
Design
Guidelines
Section VIII]
1. Whether the To qualify as a historic The quality of national 1. Not
structure is of such site, or historic district, significance is ascribed to significant or
interest or quality or historic interior, districts, sites, buildings, exceptional
that it would individual properties, structures and objects
reasonably fulfill structures, sites, or that possess exceptional 2. Not
criteria for buildings, or groups of value or quality in identified as a
designation for properties, structures, illustrating or interpreting contributing
listing on the sites, or buildings must the heritage of the United building
national have significant States in history,
register. character, interest, or architecture, archeology, 3. Not
value as part of the technology and culture; identified as a
historical, cultural, and that possess a high contributing
aesthetic, and degree of integrity of style
architectural heritage of location, design, setting,
the city, state, or nation. materials, workmanship,
feeling, and association
2. No Corresponding A building, structure, That are associated No person
Ordinance site, interior, or district importantly with the lives
will be deemed to have of persons nationally
historical or cultural significant in the history
significance if it is of the United States
associated in a
significant way with the
life or activities of a
major person important
in city, state, or national
history (for example, the
homestead of a local
founding family)
~\\j\\~
_ 1 - ~ 'v::Jfi,\':JQ) \. ,,~<y\.) t>A -
~~ <i~
O:\CORE002\powerpoint chart #1.doc
3. Whether retaining A building, structure, No Corresponding No event
the structure site, interior, or district Guideline
would promote the will be deemed to have
general welfare of historical or cultural
the city by significance if it is the
providing an site of a historic event
opportunity to with significant effect
study local upon the city, state, or
history, nation
architecture, and
design, or by
developing an
understanding of
the importance
and value of a
particular culture
and heritage.
4. No Corresponding A building, structure, That is associated with No event
Ordinance site, interior, or district events that have made a
will be deemed to have significant contribution to,
historical or cultural and are identified with, or
significance if it is that outstandingly
associated in a represents, the broad
significant way with a national patterns of
major historic event, United States history
whether cultural, and from which an
economic, social, understanding and
military, or political appreciation of those
oatterns may be aained
5. No Corresponding A building, structure, No Corresponding No trend
Ordinance site, interior, or district Guideline
will be deemed to have
historical or cultural
significance if it
exemplifies the
historical, political,
cultural, economic, or
social trends of the
community in history;
6. No Corresponding A building, structure, No Corresponding No institution
Ordinance site, interior, or district Guideline
will be deemed to have
historical or cultural
significance if it is
associated in a
significant way with a
past or continuing
institution which has
contributed substantially
to the life of the city
O:\CORE002\powerpoint chart #1.doc
- 2 -
7. No Corresponding No Corresponding That represent some No great idea
Ordinance Ordinance great idea or ideal of the
American people
8. No Corresponding No Corresponding That are composed of Not
Ordinance Ordinance integral parts of the collectively
environment not exceptional
sufficiently significant by
reason of historical
association or artistic
merit to warrant individual
recognition but
collectively compose an
entity of exceptional
historical or artistic
significance, or
outstandingly
commemorate or
illustrate a way of life or
culture
9. No Corresponding No Corresponding That have yielded or may No major
Ordinance Ordinance be likely to yield scientific
information of major importance
scientific importance by
revealing new cultures, or
by shedding light upon
periods of occupation
over large areas of the
United States. Such sites
are those which have
yielded, or which may
reasonably be expected
to yield, data affecting
theories, concepts and
ideas to a major degree.
10. Whether the A building, structure, No Corresponding 1. Not
structure is one of site, or district is Criteria distinctive
the last deemed to have and there are
remaining architectural or others like it
examples of its aesthetic significance
kind in the if it portrays the 2.No
designated historic environment in an era of aesthetic
district within the history characterized by significance
city. one or more distinctive
architectural styles
O:\CORE002\powerpoint chart #1.doc
- 3 -
.
11. No Corresponding A building, structure, That embody the 1. Not
Ordinance site, or district is distinguishing distinctive
deemed to have characteristics of an
architectural or aesthetic architectural type 2. Not
significance if it specimen exceptionally exceptional
embodies those valuable for the study of a
distinguishing period, style or method of
characteristics of an construction, or that
architectural style, represent a significant,
period, or method of distinctive and
construction exceptional entity whose
components may lack
individual distinction
12. No Corresponding A building, structure, No Corresponding No prominent
Ordinance site, or district is Guideline architect
deemed to have
architectural or aesthetic
significance if it is a
historic or outstanding
work of a prominent
architect, designer,
landscape architect, or
builder
13. Whether the A building, structure, No Corresponding No
structure is of such site, or district is Guideline outstanding
design, deemed to have craftsmanship
craftsmanship, or architectural or aesthetic or innovation
material that it significance if it contains
could be elements of design,
reproduced only detail, material, or
with great craftsmanship of
difficulty or outstanding quality or
economically which represented, in its
nonviable time, a significant
expense. innovation or
adaptation to the South
Florida environment
14. Whether there are No Corresponding No Corresponding Proposed
definite plans for Ordinance Guideline home for a
immediate reuse family of four
of the property if (4) in keeping
the proposed with the
demolition is historical
carried out, and neighborhood
what effect those
plans will have on
the character of
the surrounding
area.
O:\CORE002\powerpoint chart #1.doc
- 4-
"-
MEMORANDUM
The City is equitably estopped from denying the COA
For the reasons set forth below, the City of Delray Beach is equitably
estopped from denying the Certificate of Appropriateness ("COA") for the demolition
and construction of a single-family home located on 527 North Swinton Avenue.
This property was purchased in July 2005 by Ms. Shannon J. Dawson. Prior
to closing on this purchase, Ms. Dawson spoke with Mr. Warren Adams, then the
Historic Planner for the City of Delray Beach. Mr. Adams was made aware of the
intent of Ms. Dawson to demolish the existing dilapidated structure and to replace it
with a new single family home. After reviewing certain records, Mr. Adams informed
Ms. Dawson that the existing structure was constructed within the last fifty (50) years
and could be demolished.
In direct reliance upon Mr. Adams' statements and his expertise as the City's
Historic Planner, Ms. Dawson purchased the property, hired relevantprofessionals
to design the new structure and submitted the COA. Mr. Adams then . left the City's
employ and was replaced by Ms. Amy Alvarez. Upon the submission of the COA,
the original construction date was reviewed by Ms. Alvarez. Ms. Alvarez also
confirmed that the structure was built within the last frfty (50) years, and, while
located within the Del-Ida historic neighborhood, it was not a historic or contributing
structure. Then, on or about February 24, 2006, Ms. Alvarez "finds" evidence which
purports to show this structure was built in 1947. This purported evidence is in
contradiction to official County records, yet the City persists on using this date. A full
and complete copy of a memorandum issued by the City entitled "527 North
Swinton Avenue -- Timeline of Events" confirming the statements of the City officials
is attached as Exhibit "A" and is .incorporated herein as if fully set forth.
As early as 1950, the Florida Supreme Court held that the concept of
equitable estoppel would apply to a municipality. Texas Co. v. Town of Miami
S/JrinC!s, 44 So.2d 808 (Fla. 1950). In that case the Town, one month after
approving the building permits to construct a gas station, attempted to enforce a
subsequently enacted ordinance against the applicant. Id at 808. The Court held
that since the Town first advised the applicant that the station could be constructed
and throughout the process continued to support the construction of a gas station,
the Town could not simply turn around and change its mind. Id at 809-810.
Similarly, a municipality cannot fail to inform an applicant of a fact or mislead an
applicant. City of North Miami v. State ex. rei. Keller, 308 So.2d 558 (Fla. ~ DCA
1975).
Equitable estoppel will be applied if a property owner (1) in good faith, (2) on
some act or omission of the government, (3) has made a substantial change in
position or has incurred extensive obligations and expenses, so that it would be
inequitable and unjust to destroy the acquired right. Sakolskv v. City of Coral
Gables, 151 So.2d 433 (Fla. 1963).
O:\CORE002\memorandum equitable estoppel July 10, 2006.doc - 1 - .
-:-Z\\\\6'o ~- ~ ~~ \J\~~~f\ :s:~ <tB
-
Courts have invoked equitable estoppel in cases when officials apprised of
proposed development activity, should have acted but failed to do so. Texas Co. v.
Town of Miami Sprinqs, supra. "Unfair dealing" by a governmental body can be the
basis for invoking equitable estoppel. City of Maraate v. Amoco Oil Co., 546 So.2d
1091 (Fla. 4th DCA 1989) In that case, the City was found to have engaged in
arbitrary, discriminatory action when the City denied the applicant's site plan to gain
time to pass new laws that would prevent the proposed construction. Id.
A government official's statements may provide the requisite action sufficient
to induce reasonable reliance. City of Naples v. Crans, 292 So.2d 58 (Fla. 2d DCA
1974). In Crans, the city administration officials told the applicant that a recently
enacted moratorium did not apply to its project, so it could obtain the needed
building permits. Id at 59. Before the building permits could be issued, the applicant
had to secure certain other state and federal approvals. As a result of the City's
statements, the applicant had incurred substantial costs and obligations in obtaining
those approvals. Id at 59. After obtaining the approvals, the applicant applied for a
building permit, only to be rejected on the basis of the moratorium. Id. The court
held that the actions of the City were the direct cause of the applicant to incur the
expenses and obligations, so the City is estopped from denying the building permit.
Id. at 59. See also: City of Coral Sprinqs v. Broward County, 387 So.2d 389 (Fla.
4th DCA 1980) where the city was estopped from enforcing its lien by foreclosing on
property because of mistaken information conveyed to county by city employee. It is
important to note that both of these cases were based solely upon oral statements
made by City officials.
Equitable estoppel has also been found to exist when a statement can be
attributed to a city official. City of Coral Gables v. Pufaqros, 418 So.2d 367 (Fla. 3d
DCA 1982). In that case, the court found equitable estoppel when the property
owner purchased land in direct reliance upon statements of the city's officials that a
building permit could be issued and that any code restriction did not apply to the
subject property. Id at 368. This case is almost directly on point with the case at
hand. In Puiaaros, the property owner purchased the parcel after being orally
assured by the city official that he could obtain a building permit for the site. The
court held that, since the property owner relied, to his detriment, on the statements
of the City officials, the City was equitably estopped from denying the requested
building permits.
Full and complete copies of all cited cases are attached hereto as Exhibit
"B" and are incorporated herein as if fully set forth.
It is undisputed that Ms. Dawson has acted in good faith. The City has
admitted, on numerous occasions, that it told Ms. Dawson the structure was
constructed in 1958 and that it could be demolished and a new structure built in its
place. She confirmed this information several times with several City officials, all of
whom concurred with the 1958 date. Ms. Dawson relied specifically on these
statements of the city officials; she would not have purchased the property without
such assurances.
0:\CORE002\memorandum equitable estoppel July 10, 2006.doc - 2-
-
In consideration of Ms. Dawson's diligent efforts to obtain an answer, and
the fact that the City consistently confirmed the 1958 date, Ms. Dawson proceeded
forward, made a substantial change in position and incurred extensive obligations
and expenses, including, but not limited to, purchase of the subject property and the
engagement of numerous professionals with respect to architectural drawings,
engineering, environmental reports, landscape plans and similar items.
Based upon the conduct of the City, through its officers, this COA must be
approved.
O:\CORE002\memorandum equitable estoppel July 10, 2006.doc - 3-
~~~~_..].,.~~I_i,Ji~~~~~~~~
~~~~~}t~~~~~
Planning & Zoning Department
MEMORANDUM
""""""'" l--:::~E.JlUil!li!i~
~--~.~,.,.".,.,..........
TO:
FROM:
DATE:
RE:
1~m"!.'-:~.r-6-';:;'~,~~~~~'<t:.:2J~.&t:
Paul Dorling, Planning and Zoning Director
-*, :!;, ;.. (-;-l (..) (~, C)J,-
r'~r[";11 'j, (' (,,--., (.,~,/-..,)~),. /'.
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Amy Alvarez, Historic Preservation Planner
May 9, 2006
527 North Swinton Avenue - Timeline of Events
Date
2005 _
November 2005
January 2006
February 2006
February 2006
March 1, 2006
April 2006
Action
Applicants claim to have met with Warren Adams, Historic Preservation
Planner, regarding th~ age and classification of the structure located at 527
North Swinton Avenue .at which time the date of construction was identified as
1958.
Applicants met with Amy Alvarez, Historic Preservation Planner, regarding
age and classification of structure. Resources used at this time included the
Del-Ida Park Historic District map from time of district designation which notes
the property as non-contributing and developed in 1958. This date coincides
with the Property Appraisers website. No other resources were used at this
time. Based on the age alone, the property was deemed non-contributing.
However, there was not a site visit conducted nor other information submitted
regarding any other historic merit of the structure.
Applicants submitted COA and Variance applications for demolition of
structure and subsequent new construction of single family residence and
detached garage/guest cottage.
Amy Alvarez researched further into the property by looking at the Sanborn
Insurance Maps*, which showed a footprint matching that of the existing as
being on the property in 1949 and 1963. Additionally, the old City Clerk Tax
Cards* were reviewed which noted a 1947 date of construction. This
information pointed to the argument that the building would be deemed
contributing not only based on its age, but on the fact that it had not been
significantly altered and was of a style of architecture, as well as scale and
massing contributing to the Del-Ida Park Historic District. A building permit
number is not referred to on the card as on many other cards; otherwise
further research may have been conducted at that time. However, it
appeared that there was sufficient evidence regarding the age of the
structure.
Upon uncovering such information, the applicants were notified.
The application was heard for the first time by the Historic Preservation Board
(HPB) and tabled for further information.
Revised application and plans to be reviewed for the second time by the HPB
were pulled from the agenda at the applicants request until further notice.
~27 North Swinton Avenue - Timelir. ilts
April 2006 Applicants submitted revised plans to be reviewed by the HPB on May 17,
2006.
April/May 2006 Further research was conducted by Amy Alvarez. The basis of this research
was to attempt to decipher a date of construction: either 1947 or 1958.
Approximately three hours were spent looking through the microfiche in the
Building Department archives from the years 1946 and 1947. Being that the
old City Clerk's Tax Card noted 1947, that year was researched first and
approximately 153 microfiche were reviewed. Upon review of the 1946 files,
the microfiche containing copies of the original building permit and plans were
found. Approximately 79 microfiche are on file from 1946.
May 8, 2006 Applicants were notified by email that the original building plans had been
located.
.Such additional office resources were not known to be available to the current Historic Preservation Planner at the
time of the meeting in November 2005.
Attachments:
· Property Appraisers Website Information
· Del-Ida Park Historic District Maps Circa 1988
· Sanborn Insurance Map of 1949
· Sanborn Insurance Map of 1963
· City Clerk's Tax Card
· Building Permit Records dated 1946 with current photographs attached to each elevation
· Correspondence dated February 2006
· Correspondence dates April 2006
· Correspondence dated May 2006
.-....;>""\
.;,~//
Page 3 of3
able to provide this information.
Clnu; G. aLuwwz
Historic Preservation Planner, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
(561) 243.7284
<; /1 1l'1nnr-
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.Palm Beach County Property 1
-. seT Property Search System
Page 1 of2
Property Information
Location Address: 527 N SWJNTON AVE
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Legal Description:
DELRA Y BEACH
12-43-46-09-29-003-0012
DEL IDA PARK IN
18892 Page: 1361 Sale Date: Jul-2005
DEL IDA PARK S 2 FT OF LT 1 & LT 2 BLK 3 (DEL-IDA PARK HISTORIC
DISTRICT)
Owner Information
Name: DAWSON SHANNON J
_~n~.
Mailing Address: 527 N SWINTON AVE
DELRAY BEACH FL 33444 3969
Sales Information
Sales Date Book/Page Price Sale Type Owner
Jul-2005 18892/1361 $355,000 WARRANTY DEED DAWSON SHANNON J
May-1992 07272/0796 $100 QUIT CLAIM
Feb-1992 07144/0687 $75,000 WARRANTY DEED
~
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1361
Description: RESIDENTIAL
* in residential properties may indicate living area.
A
d
dT
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ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $66.498 $64.561 $63,357 Iii ...~
Exemption Amount: $25 000 $25 000 $25,000 .c,...........":
Taxable Value: $41.498 $39 561 $38,357
T VI
~ ax a ues
Tax Vear: 2005 2004 2003 f~,.$.~
Ad Valorem: $968 $939 $917
Non Ad Valorem: $158 $158 $158 [i~~~i~~~4tit~_~
Total Tax: $1.126 $1.097 $1,075
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Structural Detail
Page I of 1
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 BCILDING.2 BlilUHNG 3 HlJILO.ING-+
Structural Element for Building 1
1.Ext erior Wall 1
2. Year Built
3.A ir Condition Desc.
4. Heat Type
5.H eat Fuel
6. Bed Rooms
7.Ful I Baths
8. Half Baths
9.Ext erior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Walll
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
CB STUCCO
1958
HTG & AC
FORCED AIR DUCT
ELECTRIC
2
1
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
PLASTER
N/A
HARDWD/PARQUET
N/A
1
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1133
2 FSP FINISHED 78
. SCREENED PORCH
FOP FINISHED OPEN 150
3. PORCH
Total Square Footage: 1361
Total Area Under Air: 1133
~
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Extra Feature
Description
PATIO ROOF AlUMINUrJl OR STEEL
Spa
Deck
UTILITY BUILDING
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
~~~
Year Built
Units
105
1
550
SO
Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office locations
Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I links I Glossary I FAO I Forms I Contact Us I PAPA
@ 2004 Palm Beach County Property Appraiser.
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Gary R. Niko]jts,CF A
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Property Mapping System
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~ Lot nurrber
Page 1 of 1
Owner Information
peN: 12434609290030012
Name: DAWSON SHANNON J
Location: 527 N SWINTON AVE
Mailing: 527 N SWINTON AVE
DELRAY BEACH Fl33444
3969
2005 Preliminary Assessment
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Jul-2005
May-1992
Feb-1992
Jan-1983
Palm Beach County Property Map
Map Scale 1:956
Map produced on 5/1112006 from PAPA
http://www.pbcgov.com/papa
$336,557
$66,498
$0
$66,498
Price
$355,000
$10
$75,000
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418 So.2d367
418 So.2d 367
(Cite as: 418 So.2d 367)
District Court of Appeal of Florida, Third District.
CITY OF CORAL GABLES, a municipal
corporation organized and existing under the laws of
the State of Florida, and Frank and Juliann Bishop,
Appellants,
v.
Jose PUIGGROS, Appellee.
No. 81-1260.
Aug. 17, 1982.
Building owner filed suit to compel city to issue
building permit for construction of single-family
residence on platted lot with 50-foot frontage. The
Circuit Court, Dade County, Harold G. Featherstone,
J., rendered summary judgment holding that city was
equitably estopped to deny owner right to erect such
structure, and city appealed. The District Court of
Appeal, 376 So.2d 281. reversed and remanded with
directions. After remand, the Circuit Court, Dade
County, Lenore C. Nesbitt, J., again entered
judgment holding that city was equitably estopped to
deny property owner relief after property owner
purchased property and later expended funds in
reliance upon assurance from city that building
permit could be issued, and in alternative, that
pertinent code restriction did not apply to property
owner's property or conduct, and city appealed. The
District Court of Appeal held that city was equitably
estopped from changing its position and seeking to
withdraw previously granted permit.
AffIrmed.
West Headnotes
Zoning and Planning 414 ~762
414 Zoning and Planning
414XI Enforcement of Regulations
414XI(A) In General
414k762 k. Defenses to Enforcement. Most
Cited Cases -
Where city's original grant of a building permit could
not be attributed solely to property owner's conduct,
but equally to conduct of city's own representatives,
and, property owner relied to his detriment in acting
upon city's assurances and decisions, city was
equitably estopped from changing its position and
Page 1
seeking to withdraw previously granted permit.
*367 Robert D. Zahner, Coral Gables, Podhurst,
Orseck, Parks, Josefsberg, Eaton, Meadow & Olin
and Joel S. Perwin, Miami, for appellants.
Aronovitz & Weksler and Bernard B. Weksler,
Miami, for appellee.
Before BARKDULL, HENDRY and BASKIN, JJ.
PER CURIAM.
Appellant City of Coral Gables, defendant below, and
the Bishops, defendants-intervenors below, appeal
from a final judgment in favor of plaintiff-appellee
Puiggros in the latter's suit contesting the city's denial
of a building permit for a residence on his property.
The facts giving rise to the controversy are fully set
forth in a prior appeal in this litigation, Citv of Coral
Gables v. Puiggros. 376 So.2d 281 (Fla. 3d DCA
1979), in which this court reversed a fmal summary
judgment which had been rendered in favor of
Puiggros on equitable estoppel grounds, and
remanded the case to the trial court, holding that the
record below raised certain issues which precluded a
fmding of equitable estoppel as a matter of law. The
issues to be resolved, this court held, were as follows:
(1) whether the structure on Lot 27 which was
removed by Puiggros was in fact a part of a building
"constructed on a building site containing two or
more platted fifty (50) foot lots," which, under ~
8.02 of the city zoning code, prevented a later
reduction of that "building site,"
(2) whether the city's initial decision to grant
Puiggros a building permit was based upon a material
mistake of fact concerning the existence of the
demolished structure on Lots 27 and 28, which
would, if known, have justified a different
determination as to the applicability of ~ 8.02, and
(3) whether the city's initial decision granting the
building permit was induced *368 by Puiggros' own
act of withholding information concerning the razing
of the former structure-thus, in effect, estopping him
from claiming the benefit of an estoppel against the
city.
Upon remand a comprehensive fmal judgment was
again entered in favor of Puiggros. The trial court
held the city equitably estopped to deny Puiggros
@ 2006 ThomsonlWest. No Claim to Orig. U.S. Govt. Works.
418 So.2d 367
418 So.2d 367
(Cite as: 418 So.2d 367)
Page 2
relief after he purchased the property and later
expended funds in reliance upon assurances from the
city that a building permit could be issued, and in the
alternative, that the pertinent code restriction did not
apply to Puiggros' property or conduct.
We have reviewed the court's fmdings of fact and
conclusions of law and hold that the three issues the
disposition of which justified remand have now been
resolved. The court below found, inter alia, that (1)
any mistakes which occurred prior to the September
12, 1977 zoning board decision were caused equally
by the city, its zoning officials, Puiggros and
Puiggros' neighbors, all of whom were in a more or
less equal position to discover the truth; (2) the
relevant zoning provision does not clearly apply to
the specific facts of this case; (3) the city's original
grant of the building permit could not be attributed
solely to Puiggros' conduct, but equally to the
conduct of its own representatives, and. finally; (4)
Puiggros relied to his detriment in acting upon the
city's assurances and decisions, and the city was
equitably estopped from changing its position and
seeking to withdraw the previously-granted permit.
We have carefully considered these conclusions and
fmd that they satisfy the doubts expressed in our prior
decision. Other issues raised by the appellants need
not be reached because, as was stated in our prior
decision, judgment for Puiggros is justified on
equitable estoppel grounds. Accordingly, the fmal
judgment is
AFFIRMED.
Fla.App.3 Dist.,1982.
City of Coral Gables v. Puiggros
418 So.2d 367
END OF DOCUMENT
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
"t.A Tr... '/'j
v vestaw
:' .",.-.^,;-,
44 So.2d 808
44 So.2d 808
(Cite as: 44 So.2d 808)
Supreme Court of Florida, en Bane.
TEXAS CO.
v.
TOWN OF MIAMI SPRINGS.
March 3, 1950.
Rehearing Denied March 24,1950.
The Texas Company brought action against the
Town of Miami Springs for a declaratory decree and
injunction to restrain town from enforcing as against
plaintiff an emergency ordinance forbidding the
construction of a gasoline filling station within 850
feet of another station.
The Circuit Court for Dade County, Charles A.
Carroll, J., rendered a judgment for defendant, and
plaintiff appealed. .
The Supreme Court, Thomas, J., held that defendant
was estopped to enforce ordinance against plaintiff
after granting permits to plaintiff so as to induce
plaintiff to purchase lots for stations.
Reversed.
West Headnotes
Estoppel 156 ~62.4
156 Estoppel
156JII Equitable Estoppel
I 561II(A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
(Formerly 156k62(4))
Where oil company, before purchasing two lots in
town for gasoline service stations, submitted plans to
town for proposed stations and received permits to
construct them, and company then purchased the lots,
and thereafter pennits were renewed by town, and
one month after renewal, town passed an emergency
ordinance forbidding erection of a station within 850
feet of another station, town was estopped to enforce
such ordinance against company.
*808 Herbert S. Sawyer, o. B. Simmons, Jr., and
Page 1
Evans, Mershon, Sawyer, Johnston & Simmons
Miami, for appellant.' ,
Thomas H. Anderson, Miami, for appellee.
THOMAS, Justice.
It seems important at the outset to give a chronology
of the pleadings and orders in this case.
The appellant, plaintiff in the euqity court, brought
suit for a declaratory decree and injunction,
representing that it had acquired two lots by warranty
deeds in the latter part of 1945 and the early part of
1946 for the lone purpose of erecting on them
.' .. gasoline service stations. During negotiations for the
purchas<e of the property it was ascertained from
appellee that there was no existing ordinance
prohibiting construction or operation of such stations
at the particular locations, and before the deeds to the
tracts were delivered, appellant submitted to appellee
plans and specifications for the proposed buildings
and received permits to construct them.
Possessed of this information and the pennits,
appellant consummated the deals for the purchase of
the property. It was not possible immediately to
construct the buildings, however, for the sole reason
that pennission could not be obtained from the
Civilian Production Administration of the United
States Government. Because of this obstacle and the
resultant delay, the appellant applied to the appellee
for renewals of the two pennits, and these were
granted in September, 1946.
Despite the commitments on behalf of the appellee,
the town council the following month, October, 1946,
passed an ordinance that no gasoline filling station
should be erected within 850 feet of another station.
The ordinance was declared to be an 'emergency
measure,' and inasmuch as a station was already in
existence within 850 feet of each of the sites owned
by the appellant it would, if enforced, prevent
fulfilment of the appellant's plan.
Upon petition for a temporary restraining order, the
chancellor found that the buildings could not then be
erected because of lack of permission from the
Civilian Production Administration, and he observed
in his order that the renewals would expire within a
few months; so he denied the petition without
prejudice to present it again when this authority had
been granted, and he also 'extended' the renewals.
@ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
44 So.2d 808
44 So.2d 808
(Cite as: 44 So.2d 808)
About four months afterward an amended bill
apprised the court that the restrictions were no longer
imposable by the Civiliam Production Administration
and there was no obstacle, therefore, to building the
stations except, of course, the ordinance, and the
appellant renewed its *809 prayer that enforcement
of the ordinance be enjoined.
The temporary injunction was entered 19 July 1947.
Nearly a year went by before the appellee filed its its
answer, and motion to dismiss, containing the ground
that the bill as amended was devoid of equity, and
another seven months passed before the bill was
dismissed and the injunction dissolved. Then the
court allowed the filing of an amended bill,
containing the principal allegations, besides those
already appearing in the original bill and in the first
amendment, that in reliance on the information and
permits obtained from the city, the appellant had
expended the sum of $12,500 in the purchase of the
property and, inasmuch as no answer had been flIed
for fifteen months after the filing of the original bill
and eleven months after the injunction was entered, it
had completed the construction of the filling stations
at great cost. The appellee moved to dismiss this bill,
too, on the ground, among others, that it was without
equity, and the court ruled in the movant's favor.
We think the appellant's cause is pregnant with
equity.
There seems to be no occasion to explore the law
with reference to the proper exercise of police power,
the power to revoke a permit, or to expound the law
that no vested rights arise from a permit.
The appellant took the precaution before it
purchased the property involved of going to the only
place it could get authoritative information to
determine whether the land could be used for the
purpose intended. There it was advised that there
was no inhibition against the construction of the
filling stations and was granted formal pennission to
proceed. This authority was repeated and
emphasized when the pennits were renewed.
Relying upon the infonnation and the authorization
from an official source, the appellant bought the land,
and bought it for one purpose only.
It will be remembered that the [mal transfer was
made early in the year 1946, while the pennits had
been issued late in the preceding year. Nearly a year
was to pass before the council discovered that an
Page 2
emergency measure fixing the distance between
filling stations was necessary 'because the health or
welfare of the Town is imperiled.' But what new
peril arose during those intervening months we do
not comprehend.
Surely there is a real reason why the city's charter
requires that there shall be intervals between the
introduction of ordinances and their passage. So to
act unhurriedly gives the opportunity for mature
consideration by the council and for the people to
voice objection or approval. The exception to the
rule is that if the health or welfare of the citizens is
jeopardized, the steps from the introduction to the
passage may be accomplished in one meeting.
From the very nature of the enterprise it is
inconceivable to us that the health or welfare of the
populace became so suddenly endangered in 1947 by
the construction of a filling station, which had been
encouraged and authorized the year before, that the
usual course in enacting ordinances could not be
followed. Obviously the effect of such action was to
make the ordinance, so far as the appellant was
concerned, retroactive.
The whole picture presents, we think a typical case
of estoppel, and in all the circumstances we see no
reason not to apply it as it would be invoked were the
appellee an individual. The city pennitted the
appellant to go forward with its plan to purchase
valuable property to further its business, and many
months after the deal had been consummated
repudiated, through the median of the so-called
emergency ordinance, what its representatives had
quite properly done, there having been certainly no
impediment to the issuance of the pennits at the time.
See Frink v. Orleans Corporation. 159 Fla. 646. 32
So.2d 425. Dobbins v. Los Angeles. 195 U.S. 223.
25 S.Ct. 18.49 L.Ed. 169; 40 A.L.R. 928 note.
To state it differently, no peril to the health or
welfare of the inhabitants seems to have existed in
1945 when the pennits were issued, or as late as
September, 1946, when they were renewed, a month
before the passage of the ordinance, or at least there
was no threat of such magnitude as to command the
attention of the legislative*810 body. Having
allowed the appellant to proceed, the city should now
be estopped from asserting that, by the method of
proclaiming so belatedly an emergency, the
pennission given by the city had become
undennined-all to the injury of one who recognized
the city's authority and proceeded only after getting
its sanction.
<<) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
44 So.2d 808
44 So.2d 808
(Cite as: 44 So.2d 808)
Page 3
The history of the progress of the case confIrms this
view, for, to repeat, it was fIfteen months after the
bill was tiled and eleven months after it was amended
before the appellee attacked or answered it; it was
eleven months after the injunction was entered before
any effort was made to dissolve it; and meanwhile the
fIlling stations had been constructed.
We are constrained to reverse the decree, with
directions to proceeded with the trial of the cause.
Reversed.
ADAMS, C. 1., and TERRELL, CHAPMAN and
ROBERTS, JJ., concur.
SEBRING and HOBSON, 11., not participating.
Fla. 1950 .
Texas Co. v. Town ofMianii Springs
44 So.2d 808
END OF DOCUMENT
<Q 2006 Thomson/West. No Claim to Orig. U.s. Govt. Works.
W~tlaw
308 So.2d 558
308 So.2d 558
(Cite as: 308 So.2d 558)
District Court of Appeal of Florida, Third District.
CITY OF NORTH MIAMI, a Municipal
Corporation, et aI., Appellants,
v.
The STATE of Florida ex reI. LEONARD KELLER,
INC., Appellee.
No. 74-1119.
Feb. 25, 1975.
An action in mandamus was brought against city,
seeking to compel the issuance of a building permit.
The Dade County Circuit Court, David Goodhart, J.,
entered judgment against city and it appealed. The
District Court of Appeal held that the city would,
under the doctrine of equitable estoppel, be
compelled to issue a building permit, where the city
had concealed the facts and misled the applicant, who
was without knowledge to the contrary and relied on
city's action.
AffIrmed.
West Headnotes
Estoppel 156 ~62.4
156 Estoppel
156III Equitable Estoppel
I 56III(A ) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
City would, under the doctrine' of equitable estoppel,
be compelled to issue building permit, where the city
had concealed the facts and misled the applicant, who
was without knowledge to the contrary and relied on
city's action.
*558 Arthur J. Wolfson, Miami, for appellants.
Pallot, Stem, Proby & Adkins; Miami, Shorenstein &
Lewis, Miami Beach, for appellee.
Before BARKDULL, c.J., and PEARSON, J., and
CHARLES CARROLL (Ret.), Associate Judge.
PER CURIAM.
Page 1
The City of North Miami appeals a [mal judgment in
mandamus ordering the issuance of a building permit
for uses consistent with 1- B-1 zoning (including
tennis and shuffleboard courts). The trial judge set
out extensive findings of fact upon the basis of which
he concluded as follows:
'9. The doctrine of equitable estoppel applied here
against the CITY OF NORTH MIAMI has been
upheld in many Florida decisions, where cities and
municipalities have been required to issue building
pem1its in mandamus actions. The cases hold that
where one, in good faith, changes his position to his
detriment by spending money or obligating himself
as a result of the reliance on the city's action and/or
conduct, the doctrine of equitable estoppel will apply
against the city. See Texas Co. v. Town of Miami
Springs. 44 So.2d 808 (Fla.l950); A. H. Sakolskv v.
City of Coral Gables. 151 So.2d 433 (Fla.1963); City
of Gainesville v. Bishop. 174 So.2d 100
(Fla.App.1965); City of North Miami v. Margulies.
289 So.2d 424 (3 DCA, 1974).'
*559 On this appeal, the City has argued essentially
that the facts do not support the application of the
doctrine of equitable estoppel in this case. Our
review of the record reveals a sufficient basis upon
which the trial judge could have found that the action
of the City in this matter concealed the facts and
mislead the appellant, who was without knowledge to
the contrary. Under such circumstances, the
application of the doctrine was proper.
Affirmed.
Fla.App. 1975.
City of North Miami v. State ex reI. Leonard Keller,
Inc.
308 Soold 558
END OF DOCUMENT
(Q 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
W€s.tfdw
151 So.2d 433
151 So.2d 433
(Cite as: 151 So.2d 433)
Supreme Court of Florida.
A. H. SAKOLSKY, Petitioner,
v.
The CITY OF CORAL GABLES, Florida, a
municipal corporation, Respondent.
No. 31842.
Feb. 20, 1963.
Rehearing Denied March 19, 1963.
Action by holder of permit authorizing building of
12-story luxury apartment building against city to
enjoin rescission of building permit. The Circuit
Court, Dade County, dismissed complaint, and holder
appealed. The District Court of Appeal, Third
District, 139 So.2d 504. affIrmed the judgment, and
the holder brought certiorari. The Supreme Court,
Drew, J., held that holder acted in good faith, and
municipality was precluded under doctrine of
equitable estoppel from rescinding permit, even
though holder might have had reason to believe that
municipality's offIcial mind might be changed by
municipal election and political controversy
regarding high rise zoning, where holder materially
changed his position and incurred substantial expense
in reliance on permit which had been intentionally
and lawfully issued by proper municipal offIcers.
Decision of District Court quashed, and cause
remanded with directions.
West Headnotes
ill Zoning and Planning 414 ~468.1
414 Zoning and Planning
4 1 4 VIII Permits, Certificates and Approvals
414 VIII(D) Effect of Determination;
Revocation
414k468 Revocation or Modification
414k468.l k. In General. Most Cited
Cases
(Formerly 414k468)
Doctrine of equitable estoppel may prevent arbitrary
rescission of a building permit by a municipality in
situation in which doctrine would be invoked if
municipality were an individual.
ill Zoning and Planning 414 €=:>468.1
Page I
414 Zoning and Planning
414VIII Permits, Certificates and Approvals
4l4VIlI(D) Effect of Determination;
Revocation
4 I 4k468 Revocation or Modification
4 I 4k468.1 k. In General. Most Cited
Cases
(Formerly 414k468)
Holder of permit authorizing building of 12-story
luxury apartment building acted in good faith, and
municipality was precluded under doctrine of
equitable estoppel from rescinding permit, even
though holder might have had reason to believe that
municipality's official mind might be changed.by
municipal election and political controversy
regarding high rise zoning, where holder materially
changed his position and incurred substantial expense
in reliance on permit which had been intentionally
and lawfully issued by proper municipal officers.
F.S.A.Const. art. 5. ~ 4.
*433 A. H. Sakolsky, in pro. per.
Edward L. Semple, Coral Gables, and William M.
Burton, Jr., Fort Lauderdale, for respondent.
DREW, Justice.
Writ of certiorari has issued in this cause on the
ground that the decision of the district court, FNI
denying injunctive relief against rescission of a
building permit, is in direct conflicp11 with decision
of this Court that municipal action in such situations
is governed by the doctrine of equitable estoppel. FN3
FNl. Fla.App.. 139 So.2d 504.
FN2. Art. V. Sec. 4. Fla.Const.. F.S.A.
FN3. Texas Co. v. Town of Miami Springs.
Fla.1950. 44 So.2d 808: Bregar v. Britton.
Fla.1954. 75 So.2d 753: Gross v. City of
Miami. Fla.1953. 62 So.2d 418: Sharrow v.
Dania. Fla.1955. 83 So.2d 274; City of Fort
Lauderdale v. Lauderdale Industrial Sites.
Inc.. Fla.App.1957. 97 So.2d 47: City of
Miami v. State ex reI. Ergene. Inc..
Fla.App,196L 132 So.2d 474: City of
Jacksonville v. Waldrep. Fla.1953. 63 So.2d
768: Voelker Y. Combined Ins. Co. of
C9 2006 Thomson/West. No Claim to Orig. U.S, Govt. Works.
151 So.2d 433
151 So.2d 433
(Cite as: 151 So.2d 433)
America, F]a.1954, 73 So.2d 403. See also
Frink v. Orleans Corp., ] 59 F]a. 646, 32
So.2d 425.
*434 The facts of the care are basically undisputed.
In August, 1960, the petitioner Sakolsky testified he
became interested in erecting a 12-story luxury
apartment building in Coral Gables. He went to see
the mayor of the City to discuss with him the best
location for such a project. The mayor suggested that
a portion of Biltmore Way in the City of Coral
Gables, west of the business district, was the most
logical place and arranged a conference with a
landowner in the area. The suggested site fronted on
a one hundred foot boulevard in an area zoned for
apartments where other multistory buildings already
existed. After negotiations with the landowner,
Sakolsky entered into options to purchase the land,
on the basis that if he could erect a 12-story
apartment building thereon, he would purchase the
land. flM
FN4. Petitioner testified:
'That is exactly the way the conversation went. I
said, 'It's a lot of money for and land, but I wouldn't
dispute with you five, six or seven or eight thousand
in one direction or another.' I said, 'IfI can possibly
build an apartment building with the proper number
of units, I'm willing to pay the price for the land. The
only thing I'm asking of you is an option for that
property running until the date that I receive a
consideration from the Coral Gables City
Commission, a favorable action in that respect.' * *
*
'The going price for land in the area was
approximately $200 to $250 a front running foot, and
I had agreed to purchase the land for almost $400 a
front running foot. But I felt that if I could
necessarily build the type of development that I was
interested in, that the number of units as opposed to
the amount of land would be absorptive enough so it
would be a feasible deaL'
At the suggestion of the mayor, Sakolsky had
preliminary plans prepared for the apartment house,
which were submitted to the City of Cora] Gables
Planning and Zoning Department and Board of
Architects for approval, and tentative approval was
granted.
Under the zoning code of the City of Coral Gables,
the permission of the Ci~y Commission was
requiredFN5 for the erection at an apartment house in
excess of three stories. There was no requirement
Page 2
under the zoning code that public notice be given on
application for permission to erect such a structure.
A preliminary conference with all of the
Commissioners was held in November 1960, at one
of the Commission meetings, at which time it was
suggested that a courtesy notice be given to the
apartment house owners in the area and that the
matter be put on the agenda of the City's Commission
meeting on December 6, 1960.
FN5. Petitioner has not at any point in the
litigation contested, on constitutional or
other grounds, the validity of the provision
requiring approval by the Commission of
any structme exceeding three stories in
height.
Upon notice and public hearing on that date, Mr.
Sakolsky and some 100 objectors, represented by
counsel, were fully heard and the Commission by a
majority vote enacted an ordinance granting the
permission requested. On December 22 the
Commission approved traffic flow and [lIe hazard
conditions and the public works department issued a
foundation ~rmit authorizing commencement of
construction.~
FN6. Some emphasis in argument is placed
on the fact that the foundation permit did not
contain a height description of the projected
building. It was, however, issued after high
rise zoning clearance had been obtained and
must be construed as authorizing the [lIst
stages of construction of the structure as
planned. For distinctions between the
vesting of rights under permits and under
zoning ordinances generally, see McQuillin,
Munic. Corporations, 3rd ed. rev., Vol. 8,
Sec. 25.133, 25.156-158.
It is uncontroverted that petitioner changed his
position materially and incurred very *435
substantial expense in reliance upon the permission
granted and permit issued by the respondent City. At
a meeting on January 10 the City Commission, upon
motion by a member whose opposing vote had at the
December meeting been overridden, passed an
ordinance rescinding petitioner's permit. This
proceeding for injunctive relief ensued, based upon
the theory of equitable estoppel. The record fails to
reflect the course of ultimate disposition of an
independent action instituted on December 21, 1961,
against the respondent City by an association of
~ 2006 Thomson/West. No Claim to Orig. U.s. Govt. Works.
151 So.2d 433
151 So.2d 433
(Cite as: 151 So.2d 433)
apartment owners, but it is clear that petitioner was
not joined by service until after enactment of the
rescinding ordinance contested in this proceeding.
The import of the final decree entered against
petitioner, and the decision affmning same, is that
estoppel does not prevent rescission by the
respondent City because at the time petitioner
obtained his permit and thereafter he 'had good
reason to believe' the official mind might change
because 'strenuous objection was present and made
mown, suit was threatened and the political issue
made apparent.' Although petitioner denied personal
mowledge, the court referred to widespread public
notice that City Commission membership was to be
altered by an election for a post coming vacant early
in January, the campaign being conducted at this time
on the issue of high rise' zoning controversy.
ill Aside from petitioner's contention that the record
evidence refutes such notice or Imowledge on his
part, we believe the decision collides with earlier
cases on the basic point of law in question. The law
is clearly established that the doctrine of equitable
estoppel may prevent arbitrary rescission of a permit
by a municipality in such a situation 'as it would be
invoked were [the municipality] an individual.'OO To
deny application of the doctrine to the facts of this
case on the ground of circumstantial notice that the
'official mind' might change amounts, in our opinion,
to a rejection of the quoted ruling and creates an
irreconcilable conflict of principle. The basic
concepts of equitable estoppel, held by the prior cited
case to be applicable to municipalities as to
individuals, preclude the notion of such instability in
municipal action merely because its business is
conducted through a body whose membership is
subject to change.
FN7. Texas Co. v. Town of Miami Springs,
note 3 supra, 44 So.2d p. 809.
The opinion in the case of Miami Shores Village v.
Wm. N. Brockway Post, 156 Fla. 673, 24 So.2d 33,
which respondent regards as controlling in its favor,
does state that one acts at his peril in relying upon a
building permit when he is warned by the 'red flags'
of a political contest in which the success of certain
candidates may alter the :voting pattern of tbe
governing municipal body. While that case might be
distinguished from the one at bar and its conclusion
justified on the basis of a number of factual
differences, FNB we believe that the rule there
pronounced, that an impending change of municipal
Page 3
officers can prevent reliance on an act of the current
governing body, is in error and inconsistent with
precedent condemning arbitrary action by these
public bodies.FN9
FN8. The permit in that case was issued on
authority of an ordinance granting a use
variance which was enacted without benefit
of an adversary bearing and argument.
Public dispute over such action might in that
situation provide am ore reasonable basis for
inferring notice of impropriety or
unreliability of the variance ordinance and
permit. But to attribute to that decision, as
did the court below, a controlling effect in
the instant case gives rise to additional
decisional. conflict supporting certiorari
jurisdiction in this Court. Pinkerton-Hays
Lmbr. Co. v. Pope, Fla.196L 127 So.2d
441: McBumette v. Playground Equip. Co.,
Fla.1962, 137 So.2d 563.
FN9. Text treatments of tbis decision in
relation to the general body of law indicate
some difficulty in reconciling the reasoning
underlying the ruling in that case.
'It is generally held that a building or zoning permit
may be changed or entirely revoked if it becomes
necessary so to change or revoke it in the exercise of
the police power, * * *.
'Once the permittee's rights bave vested, however,
the adoption of an ordinance under which the permit
would not be authorized should not be given a
retroactive effect * * *. Similarly, when the proper
authorities grant a permit for the erection or alteration
of a structure, after the permittee has acted on the
faith of the permit and made contracts and incurred
expenses or obligations thereon, he acquires a kind of
property right on which he is entitled to protection;
and the permit cannot be revoked in the absence of
fraud or deceit or other fault on the part of applicant
or in the absence of any public necessity for such
action, although it has been held that the pennit may
be revoked where the elements of equitable estoppel
are not present. [citing the Miami Shores decision]'
62 C.J.S. Municipal Corporations S 227(7).
ill Such a permit as that here involved, intentionally
and lawfully issued by the *436 proper municipal
officers, can have no other purpose than to authorizeiaction by the permittee in reliance on its terms.
Notice or lmowledge of mere equivocation
independent of actual infllTIlities or pending official
action, FNIO cannot in this situation operate to negative
<<:;) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
.-
151 So.2d 433
151 So.2d 433
(Cite as: 151 So.2d 433)
Page 4
or prevent reliance on the official act.
FNlO. Sharrow v. City of Dania, note 3
supra.
The effect of pending litigation directly attacking the
validity of a permit or zoning ordinance, or the effect
of an eventual determination that such permit was
invalid, may present a very different problem.lli.U
The decision in the instant case was not rested on any
showing that petitioner, at the time he acted in
reliance on the permit granted him, was a party
defendant in legal action directly attacking its
validity, that he had any notice that his permit might
have been invalid in its inception, or that its
revocation was in fact required in the public interest.
We conclude consequently that he acted in good faith
and should not be denied the benefit of the estoppel
doctrine upon whicn his complaint is founded.
FNIl. City of Miami v. State ex reI.
Ergene, Inc., footnote 3 supra.
The decision of the district court is quashed and the
cause is remanded to that court with directions to
enter an order directing the trial court to enter a [mal
decree consistent with this opinion.
ROBERTS, C. J., and THORNAL, O'CONNELL
and CALDWELL, n., concur.
Fla. 1963
Sakolsky v. City of Coral Gables
151 So.2d 433
END OF DOCUMENT
<9 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
We~ffuvv:
546 So.2d 109]
546 So.2d 1091, ]4 Fla. L. Weekly 1496
(Cite as: 546 So.2d 1091)
District Court of Appeal of Florida,Fourth District.
CITY OF MARGA TE, Florida, Appellant,
v.
AMOCO OIL COMPANY, Appellee.
No. 87-0920.
June 2], 1989.
Rehearing Denied July 2], 1989.
Property owner filed application for permit to
construct and operate gasoline service station and
minimart upon parcel of land in zoning district. City
denied permit and passed new ordinances prohibiting
gasoline stations in the zoning district. Property
owner brought action for declaratory and injunctive
relief. The Circuit Court, Broward County, Robert
Lance Andrews, J., entered judgment in favor of
property owner. City appealed. The District Court
of Appeal, Downey, J., held that law in existence at
time of application, rather than law in effect at time
of judgment, applied.
AffIrmed.
West Headnotes
Zoning and Planning 414 €=>235
414 Zoning and Planning
414 V Construction, Operation and Effect
4l4V(A) In General
4141<235 k. Time of Taking Effect;
Retroactive Operation. Most Cited Cases
Law in existence at time of application for permit to
construct and operate gasoline service station and
minimart, rather than law in effect at time of
judgment, applied in action brought by applicant after
city denied application and passed new ordinances
prohibiting gasoline stations in the zoning district;
city illegally denied the permit and then tried to pass
ordinances that would authorize denial, and where
governmental body acts arbitrarily to avoid its duty
by delaying matter so as to effectuate change in law
adverse to the application, it is proper for court to
disregard newly enacted limitations.
*1091 Eugene M. Steinfeld, City Atty., Margate, for
appellant.
Page 1
Glenn N. Smith and John H. Pelzer of Ruden
Barnett, McClosky, Smith, Schuster * 1 092 &.
Russell, P.A., Fort Lauderdale, for appellee.
ON REHEARING
DOWNEY, Judge.
Appellee, Amoco Oil Company (Amoco), applied to
appellant, City of Margate (the City), for a permit to
construct a gasoline service station and mini-mart
upon a parcel of land within the city, which Amoco
held lmder contract. The City denied the requested
permit and Amoco instituted this suit for declaratory
and injunctive relief. From a fmal judgment in favor
of Amoco, holding that Margate acted illegally in the
premises, the City has perfected tlllS appeal.
The primary issue presented on appeal is whether the
trial court erred in determining that the City acted
illegally in denying the permit requested in 1980.
Secondary issues involve the question of what law
applies-the law in existence at the time of the
application or, as the City describes it, "current law,"
which we take to mean the law in effect at the time of
the judgment.
The case was tried before the court for approximately
eight days over a ten-month period, after which the
chancellor entered a very comprehensive, analytical
final judgment, including extensive fmdings of fact
and conclusions of law, which have facilitated our
appellate review. Based on our consideration of the
appellate briefs, the exhibits, and the record
generally, we conclude that reversible error has not
been demonstrated.
A brief resume of the facts as found by the trial court
reveals that Amoco filed an application for a permit
with the City to construct and operate a gasoline
service station and mini-mart within the city in a
zoning district designated "B-2." Both "service
stations" and "filling stations" were permitted uses
within said district; however, pursuant to section
3.18 of the Code, "filling stations" had certain special
conditions, while "service stations" had none.
Among the limitations on the use of the property for
"filling stations" was that such use was not permitted
within 750 feet of another plot used as a filling
station nor within 250 feet of any plot used as a
church, playground, hospital, or public school.
These limitations were prompted for "filling stations"
as opposed to "service stations" because the fonner,
@ 2006 Thomson/West. No cJim to Orig. U.S. Govt. Works.
546 So.2d 1091
546 So.2d 1091,14 Fla. L. Weekly 1496
(Cite as: 546 So.2d 1091)
by definition, allowed a more intensive use of the
property. For example, a service station was
pennitted to dispense at retail only automobile fuels
and oil; whereas, a filling station was authorized to
furnish, in addition, supplies, equipment, and minor
repair services. The latter is defmed in the Code as
"incidental body or fender work, or other minor
repairs, painting or upholstering, replacement of
parts, and motor service to passenger cars and trucks
not exceeding 1 1/2 tons capacity."
Amoco's application was referred to the City
Development Review Committee, which the court
found refused to follow the distinction between
service and filling stations and characterized Amoco's
application as an application for filling station use.
Having taken that position, the committee naturally
applied section 3.18 of the Code and noted that the
site in question was within 250 feet of a commercial
nursery known as The Country Day School, which
had a fenced-in play area. The committee thus
denied approval of the Amoco application because of
the 250 foot playground limitation of section 3.18
and because it violated the platting requirements of
section 3.10.1 of the Code. It is interesting to note
that the evidence showed that this 250 foot limitation
had never been invoked before in a similar situation;
that it was seriously suspected to be constitutionally
flawed because there was no inverse requirement
prohibiting playgrounds from being located in close
proximity to fiIling stations. City or Miami v.
Woolin. 387 F.2d 893 (5th Cir.1968); Saar v. Town
or Davie. 308 F.Supo. 207 (S.D.Fla.1969). In
addition, the City dropped the alleged platting
ordinance violation as a ground for denial of the
pennit because it, too, was recognized as probably
unconstitutional and it was subsequently repealed.
Amoco then requested the matter be referred to the
city attorney, who in turn placed it on an agenda to be
considered by *1093 the city commission. After a
hearing, and extensive discussion, the commission
supported the Development Review Committee's
decision and rejected the application. Based upon
the evidence presented, the trial court concluded that
the commission detennined that, regardless of the
Code provisions, they did not want a gasoline station
in this 10cality.FNJ
FNI. The court cited the following rather
amusing statement of one of the
commissioners, made during the discussion
of the Amoco application:
"I used to close my eyes and say I wouldn't
Page 2
want it in my backyard, but I would want it
in somebody else's back yard.... but at this
time, it happens when I do close my eyes
and say I wouldn't want it in my ovv"ll back
yard, it is in my back yard. It is around the
comer from me and I say is there any way
possible that tpe land could be sold to some
other kind <:it firm or other kind of outfit
besides that? I realize that the zoning B-2
would allow him to put in a fiIling station
but not a repair shop.... It is a beautiful
comer but this time I have to open my eyes
and go the opposite way and I don't think it
is going to be favorable for putting a station
at this time."
The trial court found that Amoco took no immediate
action to challenge the City's rejection because it
wanted to try to resolve the problem amicably and
avoid litigation with the city in which it would be
operating. Instead, Amoco applied for a rezoning of
the property to a B-3 classification, which would
permit its contemplated use. When all else seemed
futile, Amoco commenced this suit in July 1982 to
enforce its rights as it envisioned them The court
found that, after the City originally denied Amoco's
permit application, it set about to change the Code so
that Amoco's intended use of the property could not
be legally permitted. Thus, on September 24, 1980,
the City enacted Ordinance 1500.191, which the trial
judge characterized as having the effect of
devastating the Amoco site plan. The new ordinance
abolished the distinction between a service and a
filling station; it eliminated the 250 foot limitation
and amended section 3.18 so that Amoco's site plan
would not comply by increasing the 750 foot
limitation between stations to 1000 feet (Amoco's site
is 962 feet from another station site). It provided
that no station driveway could open on a street 60
feet or less in width. Amoco's plan provided for a
driveway opening on a street exactly 60 feet in width.
Before the amendment, section 3.18 contained no
limitation on the size of streets abutting a station
driveway. Furthermore, the ordinance enlarged the
size of a station plot so that the minimum size is .5
acres. Predictably, Amoco's plot is .46 acres. Then,
on November 5, 1980, the City enacted Ordinance
1500.198, which completely eliminated gas stations
as a permitted use in B-2 districts.
In this case, Amoco attacked the validity of the new
ordinances, 1500.191 and 1500.198, because they
were not properly enacted since they did not comply
with the publication requirements of section 166.041.
Florida Statutes, which the trial court held were
<<;;J 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
546 So.2d 1091
546 So.2d 1091, 14 Fla. L. Weekly 1496
(Cite as: 546 So.2d 1091)
"mandatory and jurisdictional" requirements. The
City thereupon, while this suit was pending, enacted
two additional ordinances, 1500.227 and 1500.244,
on November 16, 1982, which revised the pennitted
uses in the B-2 and B-3 zones and prohibited gasoline
stations and mini-markets in B-2 zones. Thereafter,
the City contended that, regardless of the illegality in
the City's rejection of Amoco's application in the fIrst
instance, the subsequent enactment of Ordinances
1500.227 and 1500.224 controlled Amoco's rights
vis-a-vis the permitted use of tlllS property.
The trial judge expressly stated that he recognized
and was mindful that municipal legislation of this
character is entitled to a strong presumption of
correctness; that the court is not a super-zoning
board and should not substitute its judgment for that
of the City; and that "mere debatability regarding the
rationale for, and the desirability" of, such ordinances
is not sufficient to render them unconstitutional.
Nevertheless, the court concluded that Amoco was
entitled in 1980 to a permit based on its application
and site plan because it met the municipal code in
existence at the time. He found that the denial of
Amoco's application and the City's subsequent
actions "clearly demonstrate that the City's original
denial of the Amoco site plan was done to gain the
City time to pass new laws which would prevent the
construction of *1094 the Amoco service station on
the property." Therefore, the court found the City
acted "arbitrarily, capriciously, discriminatorily and
illegally" in denying the permit and, thus, created an
estoppel to enforce the new ordinances which
purported to change the pennitted use of the property
by Amoco. The court relied upon such cases as
Aiken v. E.B. Davis. Inc., 106 Fla. 675. 143 So. 658
.o..2m, Dade Countv v. Jason, 278 So.2d 31 I (Fla.
3d DCA 1973), and others, to which we would add
Davidson v. Citv of Coral Gables, 119 So.2d 704
(Fla. 3d DCA 1960), cert. discharged, 126 So.2d 739
(Fla.1961 ).
The City argues that, even though the procedure in
enacting the subsequent ordinances did not
technically conform to the advertisement
requirements of section 166.041, the trial court
should not have relied upon the invalidity of the law
absent a vested right/equitable estoppel, citing QlJL.Qf
Fort Pierce v. Davis, 400 So.2d 1242 (Fla. 4th DCA
1981 ). In that case, however, tlus court simply held
that equitable estoppel would not apply to enjoin the
City from readvertising and holding a public hearing,
etc., to readopt the ordinance in question, which was
void for failure to give the notice. Davis is
distinguishable from the instant case because it did
Page 3
not involve an arbitrary and capricious denial of a
pemut to construct a lawful use. In Davis, a permit
was granted and then a neighbor sought to change the
zoning. In this case, the City illegally denied a
permit that should have been issued and then tried to
pass ordinances that would authorize a denial. This
evidences bad faith and an avoidance of duty, such
that estoppel should apply. A public body may not
defend its unauthorized actions by subsequently
passing or obtaining authorization. Gulfstream Park
Racing Association. Inc. v. Division of Pari-Mutuel
Wagerine. 407 So.2d 263 (Fla. 3d DCA 1981).
No zoning change was pending at the time of
Amoco's application that would prohibit service
stations on Amoco's site (making Citv of Pompano
Beach v. Yardarm Restaurant. Inc., 509 So.2d 1295
(Fla. 4th DCA 1987), distinguishable) and, if there is
a fmding of bad faith, or unreasonable refusal; or
delay in an application, then the law at the time of the
application should be applied. Where a
govemmental body acts arbitrarily to avoid its duty
by delaying the matter so as to effectuate a change in
the law adverse to the application, it is proper for the
court to disregard the newly enacted limitations.
Davidson v. Otv of Coral Gables. 119 So.2d 704
(Fla. 3d DCA 1960). As noted by the Third District
Court of Appeal in Dade Countv v. Jason, 278 So.2d
311. 313. 11. 1 (Fla. 3d DCA 1978):
If... action on the application is unreasonably refused
or delayed until after the change has become
effective, or the issuing officer arbitrarily fails to
perform a ministerial duty to issue the license or
permit promptly on an application which conforms to
the law at the time of filing, the courts have held that
the law at the time of filing of the application
controls.
Based upon its fmdings of fact and conclusions of
law, the trial court ordered the City to take
appropriate action to approve Amoco's site and other
plans connected with the intended use of the property
in accordance with city ordinances in effect in March
1980. We affIrm that judgment.
LETIS and STONE, JJ., concur.
Fla.App. 4 Dist.,1989.
City of Margate v. Amoco Oil Co.
546 So.2d 1091, 14 Fla. L. Weekly 1496
END OF DOCUMENT
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
\l\T€Sflftw
;,,:.....,.....'
292 So.2d 58
292 So.2d 58
(Cite as: 292 So.2d 58)
District Court of Appeal of Florida, Second District.
CITY OF NAPLES, a municipal corporation located
in the State of Florida, and Anders B. Sandquist, as
director of the City of Naples Building and Zoning
Department, Appellants,
v.
Robert R. CRANS, Appellee.
No. 73-609.
March 27, 1974.
Action in mandamus to compel city council to issue
building pennit. The Circuit Court for Collier
County, John T. Rose, Jr., J., entered a peremptory
writ of mandamus and appeal was taken. The
District Court of Appeal, Boardman, 1., held that the
action of city in assuring that a building moratorium
would have no effect on issuance of permit thereby
causing applicant to materially change his position
equitably estopped city from denying a permit.
AffIrmed.
West Headnotes
ill Zoning and Planning 414 €=>378.1
414 Zoning and Planning
414VIJI Permits, Certificates and Approvals
414 VIII( A) In General
414k378 Grounds for Grant or Denial
414k378.1 k. In General. Most Cited
Cases
(Formerly 414k378)
Where a municipal ordinance regulating height of
structures in vicinity of airport merely required
compliance with department of transportation
requirements and did not provide for the obtaining of
a permit from department as a condition precedent to
issuance of a building permit, city lacked standing to
assert department's rights to require a permit as basis
for refusing issuance of building permit.
ill Zoning and Planning 414 €=>468.1
414 Zoning and Planning
4 l4VIII Permits, Certificates and Approvals
4l4VIII(D) Effect of Determination;
Revocation
Page 1
414k468 Revocation or Modification
4l4k468.l k. In General. Most Cited
Cases
(Formerly 4l4k468)
Municipality may be equitably estopped from
rescinding a building permit once it is issued.
ill Zoning and Planning 414 €=>377
414 Zoning and Planning
414VIII Permits, Certificates and Approvals
414VIII(A) In General
414k377 k. Estoppel to Claim or Oppose.
Most Cited Cases
Action of city indicating that 90-day moratorium on
multifamily structures would have no effect on
issuance of permit for construction of multistory
restaurant caused applicant to materially change his
position and incurred extensive fmancial obligations
and expenses, and court was justified in fmding that
city was equitably estopped from denying building
permit to applicant who had otherwise complied with
zoning ordinance.
*58 Charles K. Allan, City Atty., Naples, for
appellants.
George Vega, Jr. of Carroll, Vega, Brown & Nichols,
Naples, for appellee.
Geoffrey B. Dobson, Gen. Counsel, and Barbara Ann
Dell McPherson, counsel, State of Florida, Dept. of
Transp., Tallahassee, amicus curiae.
BOARDMAN, Judge.
Appellee, Crans, filed application for and obtained a
foundation building permit in July, 1972, from
appellant, City of Naples (City). In December, 1972,
fmal plans were submitted to the Building
Department. In January, 1973, these plans, which
had been approved by the Restaurant Commission
and the Pollution Control Commission, were
approved, with some modifications, and the City
agreed to issue a building permit upon compliance
with Department of Transportation (DOT) height
requirements. (The proposed multistory structure
was to be located near the City's airport's glide path).
On March 2, 1973, the City Council passed
Ordinance # 1866 declaring a 90-day moratorium on
all multifamily construction. Crans' attorney and
contractor each contacted the Building and Zoning
~ 2006 Thomson/West. No Claim to Orig. u.s. Govt. Works.
292 So.2d 58
292 So.2d 58
(Cite as: 292 So.2d 58)
Administrator for the City of Naples to detennine the
effect of the moratorium on their project. Both were
told since the plans had complied with the City's
requirements before the moratorium a permit would
be issued as soon as they complied with DOT
regulations. Another organization, the Boulevard
Club, was in fact issued a permit*59 after the
moratorium based on their qualification prior to the
effective date of the moratorium.
In reliance on the statements of the administrator,
Crans proceeded to attempt to obtain DOT and FAA
approval. Subsequently, Crans applied for a building
permit and was turned down. He then filed petition
for writ of mandamus to compel the issuance of the
permit. Final judgment on the peremptory writ of
mandamus was entered by the trial com1 in favor of
Crans based on a fmding that the City was equitably
estopped from denying the pernut. Timely appeal
followed.
On appeal the propriety of the writ was questioned on
the grounds that Crans had not obtained the necessary
permit from DOT. This issue was raised in an
Amicus Curiae Brief of the DOT. The DOT denied
the existence of a permit and stated that Crans '. . .
should demonstrate at least a reasonable probability
of obtaining approval. .... in order to be entitled to
relief. We temporarily relinquished jurisdiction to
the trial court for a determination of this question.
After an adversary proceeding in the trial court, it
was determined that Crans was in compliance with
FAA and DOT regulations on April 18, 1973. The
transcript reveals that Crans was in compliance with
D.oT requirements on March 29, 1973, but was
refused a permit through an inadvertent error.
ill We have reviewed the city's zoning regulations,
including the ordinance regulating and restricting the
height of structures in the vicinity of the Naples
Airport (Ordinance No. 1538). We find therein no
requirement providing for a DOT permit to be
obtained as a condition precedent to the issuance of a
building permit. As we read Section IX of Ordinance
No. 1538, it requires Compliance only with DOT
requirements. The prosecution for failure to obtain a
DOT permit, therefore, appears to be reserved to that
agency. The city lacks standing to assert the agency's
rights.
Crans filed his petition for writ of mandamus on May
1, 1973. At that time he was clearly entitled to the
relief prayed for upon satisfying the trial com1 of the
merits of his cause. Consequently the court was
within its jurisdiction in granting the writ.
-.
Page 2
ill There is no question but that a municipality may
be equitably estopped from rescinding a building
pemlit once it has been issued. Sakolskv v. City of
Coral Gables. Fla.1963, 151 So.2d 433. In City of
North Miami v. Margulies. Fla.App.3rd. 1974. 289
So.2d 424 (opinion filed January 22. 1974), it was
established that a city can be equitably estopped from
denying a building permit where extensive financial
obligations have been incurred in reliance upon the
zoning of property and the issuance of a conditional
use permit.
ill The action of the City here, indicating that the
moratorium would have no effect upon the issuance
of a permit, caused Crans to materially change his
position:.He incurred extensive fmancial obligations
and expenses. Accordingly, the trial judge was
justified in fmding that the city was equitably
estopped from denying a building permit to Crans.
We have considered the voluminous record, all points
in the briefs and argument of counsel in the light of
controlling principles oflaw, and have concluded that
the trial court's findings are supported by substantial,
competent evidence.
Affmned.
McNULTY, A.C.J., and McGREGOR, ROBERT B.,
Associate Judge, concur.
Fla.App. 1974.
City of Naples v. Crans
292 So.2d 58
END OF DOCUMENT
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
Westlavv.
/ ._,
387 So.2d 389
387 So.2d 389
(Cite as: 387 So.2d 389)
District Court of Appeal of Florida, Fourth District.
CITY OF CORAL SPRINGS, Appellant,
v.
BROW ARD COUNTY, a political subdivision of the
State of Florida, Appellee.
No. 79-334.
July 9, 1980.
Rehearing Denied Sept. 25, 1980.
City appealed from a judgment of the Circuit Court, -
Broward County, George Richardson., Jr., 1., which
denied its right to foreclose upon certain property
owned by county for an unpaid sewer line
assessment. The District Court of Appeal, Anstead,
1., held that where city employee who was
specifically authorized to supply lie:ll information for
purpose requested by county and was specifically
advised of this purpose, told county employee that
there were no liens or claims by the city of any kind
against subject property, city was estopped to enforce
its lien by foreclosing upon the property owned by
county for unpaid sewer line assessment.
Judgment affIrmed.
West Headnotes
ill Estoppel 156 ~62.1
156 Estoppel
156III Equitable Estoppel
I 56III(A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
15 6k62 .1 k. In General. Most Cited
Cases
To justify claim of estoppel against governmental
body, there must be representation by party estopped
to the party claiming estoppel as to some material
fact, reliance upon representation by the party
claiming the estoppel, and change in such party's
position caused by his reliance upon the
representation to his detriment; act on which
aggrieved party relied must be one on which he had
right to rely.
ill Estoppel 156 ~62.4
Page 1
ill Estoppel
156IIl Equitable Estoppel
I 56III(A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
Doctrine of equitable estoppel may be invoked
against municipality in the same manner as an
individual.
ill Estoppel 156 ~62.4
156 Estoppel
156III Equitable Estoppel
156III(A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
Where city employee who was specifically
authorized to supply lien information for purpose
requested by county and was specifically advised of
this purpose, told county employee that there were no
liens or claims by city of any kind against subject
property, city was estopped to enforce its lien by
foreclosing upon the property owned by the county
for unpaid sewer line assessment.
*389 Paul J. McDonough, Coral Springs, for
appellant.
William Robert Leonard of Coleman, Leonard &
Morrison, Fort Lauderdale, for appellee.
ANSTEAD, Judge.
This is an appeal from a fmal judgment denying the
City of Coral Springs' right to foreclose upon certain
property owned by Broward County for an unpaid
sewer line assessment. At issue is whether the City
was estopped to enforce its lien by virtue of mistaken
information conveyed to the county by an employee
in the City's fmance department.
To establish the defense of equitable estoppel, the
County called Daphne Wright, a former employee.
She testified that upon instructions from her superior,
she telephoned and spoke directly to the clerk of the
City of Coral Springs. She gave a detailed
explanation of the purpose of her call, and then was
transferred to another department or employee. It
(Q 2006 Thomson/Wesl. No Claim to Orig. U.S. Govl. Works.
/'-.
387 So.2d 389
387 So.2d 389
(Cite as: 387 So.2d 389)
was this second employee who gave the information
which was ultimately relied and acted upon. The
court also admitted an affidavit into evidence which
Mrs. Wright had executed earlier which states:
On August 6, 1974, I telephoned the Coral Springs
City Clerk's Office. The City Clerk, Mrs. Catherine
McGarity, answered the phone. I identified myself
and advised her I was calling on behalf of the County
to inquire of the City of Coral Springs about any
unpaid taxes or liens by the City against Lots 7 and 8,
Block A, *390 Greater Coral Springs Research and
Development Park Addition, same being 7.1/2 ac. at
Sample Road and N.W. 127 Avenue in Coral
Springs, owned by Naples Twin Lakes, Inc., because
the County was negotiating with the owners to
purchase said site.
The Clerk, Mrs. McGarity, advised me to hold the
phone, that she would transfer the call to "Finance",
and that Peggy Day would look it up and answer my
inquiry. Thereupon, I spoke to Finance Dept. and a
lady, whom I presumed to be Mrs. Day, spoke to me.
I repeated the purpose of my call to this lady,
identified the land parcel and the owner, and she
requested me to hold the phone while she checked the
records to determine what taxes, claims or liens the
City had, if any, of record against either Naples Twin
Lakes, Inc., or the subject parcel of land. Shortly
thereafter she reported to me: ''No, there are no liens
of any kind, nothing in the City records showing any
liens, assessments or unpaid taxes, mowing liens,
water standby or any claims by the City of any kind."
She further stated any sewer assessments due were
included in the purchase price to original owners or
flIst purchasers from original owners. I advised her
that Mr. Mer! Richman, President of Naples Twin
Lakes, Inc. had advised us that he had applied for a
building pennit. to erect warehouses on the property
and asked if she knew whether he had "pulled" the
permit. She said she did not know, because that
would be handled by the Building Dept. She said she
did not know anything about Naples Twin Lakes, Inc.
or Mer! Richman.
In addition to the testimony of Mrs. Wright, Peggy
Day, an employee of the fmance department, testified
that it was part of her regular duties to furnish
information as to sewage assessment liens, but that
she could not recall the specific conversation in
question, and it was her usual practice to take
information from callers and return the call later or
respond by mail.
Il.lill To justify a claim of estoppel against a
governmental body, there must be (1) a
representation by the paliy estopped to the party
Page 2
claiming estoppel as to some material fact; (2) a
reliance upon the representation by the party claiming
the estoppel; and (3) a change in such party's position
caused by his reliance upon the representation to his
detriment. Department of Revenue v. Hobbs. 368
So.2d 367 (Fla. 1st DCA 1979), appeal dismissed 378
So.2d 345 (Fla. 1979). The act on which the
aggrieved party relied must be one on which he had a
right to rely. Greenhut Construction Company. Inc.
v. Henrv A. Knott. Inc.. 247 So.2d 517 (Fla. 1 st DCA
1971 ). The doctrine of equitable estoppel may be
invoked against a municipality in the same manner as
an individual. Enderbv v. City of Sunrise, 376 So.2d
444 (Fla. 4th DCA 1979).
ill In Enderby, supra, we stated:
There is no question that the doctrine of equitable
estoppel may be invoked against a municipality as if
it were an individual. Hollywood Beach Hotel Co. v.
City ofHollvwood, 329 So.2d 10 (Fla. 1976).
Historically, however, the doctrine has not been
applied against a municipality when the action upon
which the individual relies has been unauthorized or
unlawful. Id. at 445
We believe the evidence of estoppel presented in this
case was sufficient to meet the criteria set out in the
cases cited, supra. In particular we note that the
evidence relied on by the county indicates that the
city employee was specifically authorized to supply
lien information for the purpose requested by the
county, and in addition, she was specifically advised
of this purpose. Under these circumstances, and
unlike the factual situation involved in Enderby,
supra, we believe the action of the municipal
employee here was shown to be both lawful and
authorized.
Accordingly, the judgment of the trial court is hereby'
affirmed.
LETTS, C. J., and HURLEY, J., concur.
Fla.App., 1980.
City of Coral Springs v. Broward County
387 So.2d 389
END OF DOCUMENT
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
MEMORANDUM
The proposed structure conforms to all relevant Land
Development regulations and is compatible with the Del-Ida
Historic Neighborhood Plan.
For the reasons set forth below, the Certificate of Appropriateness ("COA")
for the construction of a single-family home located on 527 North Swinton Avenue
must be approved.
According to the City's published list of Historic Districts, the Del-Ida Historic
District's ("District") main architectural styles are Mediterranean Revival and
Craftsman Bungalow. The district has 47 enumerated contributing structures out of
a total of 151 structures. The house at 527 North Swinton Avenue is NOT one of the
enumerated contributing structures. The main feature of this District is its "unique,
diagonal street pattern with curvilinear corners creating triangular blocks with varying
street frontages." A copy of the District summary is attached hereto as Exhibit "A"
and is incorporated herein as if fully set forth.
The current structure (the "Current Structure") is designed in a Minimal
Traditional style, which does not conform to any style featured within the District. An
excerpt from the City of Delray Beach Historic Preservation Guidelines
("Guidelines") defining the various architectural styles within the City is attached as
Exhibit "8" and is incorporated herein as if fully set forth. Further, the only reliable
records show its construction in 1958. No significant person or event is connected
with this property. No unusual or distinctive architecture is illustrated by this
structure. It was not designed by an architect of note. This is simply one
anonymous structure among many, and nothing valuable, historically or
architecturally, is gained by its retention.
The City of Delray Beach ("City") has specific regulations which control the
development or redevelopment of parcels within historic districts. Land Development
Regulation 4.5.1 (E)(8) lists eleven (11) criteria which must be met. A full and
complete copy of the LOR is attached as Exhibit "e" and is incorporated herein as
if fully set forth. The plans and specifications for the proposed house (the "Proposed
House") were made part of the record at a public hearing before the Historical
Preservation Board held May 17, 2006 and a summary of the important
specifications are attached as Exhibit "D." The Proposed House meets all criteria.
. Height - The Proposed House is two stories in height. This is
compatible with the district in that there are several two-story homes
within the district, including the property immediately adjacent.
. Front Fa<;ade Proportion - The fa<;ade has elements of both the
Mediterranean Revival and Craftsman Bungalow so as to be visually
compatible with the district and is in proportion to the structure itself.
It is no wider than the current structure it is replacing.
O:\CORE002\memorandum compatability July 10. 2006.doc - 1 -
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. Proportion of Openings --- The windows on the proposed building
are in keeping with the Craftsman Bungalow style. These create a
look which is similar to the pictures used on page 23 of the
Guidelines as examples of the Bungalow style. The windows are
also designed to match several examples throughout the historic
district.
. Rhythm of Solids to Voids -- Under the direction of the City, the
property owner has created breaks in the wall planes and roof lines
so as to be compatible with the historic district.
. Rhythm of Buildings on Streets - This property is on the edge of the
Historic District. There is also a large-scale home immediately
adjacent to this property. The Proposed House, while keeping within
the historic requirements, is also in scale with the remainder of the
street. Anything smaller is dwarfed in comparison and will not
promote a harmonious streetscape.
. Rhythm of Entrance and/or Porch Projections -- The porch is
designed to conform both to the Mediterranean Revival style with the
use of archways and the Bungalow style with the use of natural
materials and knee walls. It is also in scale with other structures
within the district.
. Relationship of Materials, Texture and Color -- The materials
proposed are widely used in the Del-Ida District, including the
hardiplank siding, stucco and the use of neutral colors.
. Roof Shapes - The roof line has been modified to conform to the
district and specifically the surrounding properties, at the request of
the Historic Planning Board.
. Walls of Continuity -- This element does not apply as it is not related
to any other structure along the streetscape.
. Scale of a Building - This Proposed House is well in keeping with
the scale of other structures within the district. For example, the
structure at 10 N.E. 6th Street is 2,445 square feet, the building at
105 N.E. 7th Street is 3,276 square feet, 110 N.E. ih Street is 2,539
square feet and the building at 515 North Swinton Avenue is 2,454
square feet. All of these structures were built between 1925 and
1940. These structures are within the historic district and are of a
greater mass and scale to this property.
. Directional Expression of Front Elevation -- The front elevation of
the Proposed House facess west, being visually compatible with the
other homes on the Swinton Avenue in its directional character.
O:\CORE002\memorandum compatability July 10, 2006.doc - 2 -
--
This proposal will eliminate a blighted, non-contributing structure and replace
it with a structure which embodies the architectural goals and styles which make the
Del-Ida neighborhood special. The property owner has complied with all relevant
codes and regulations. This application must be approved.
O:\CORE002\memorandum compatability July 10, 2006.doc - 3 -
Historic Districts I The City ofDelr~ Beach
Page 1 of2
De artments
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Get with the Plan . . .
Plannin and Zoning
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City Home> Departments> Planning and Zoning> Historic Preservation> Historic Districts
There are five Historic Districts listed in the Local Register of
Historic Places.
. Old School Square Historic District
Situated in the original geographic center of town, this fifteen block district features 176
structures, of which 10.1 are contributing (50. years old or older) buildings. The district
provides the initial footprint for the settlement and development of the town. Every Pre-
World War I and II Vernacular architectural style in the City can be found here. Rezoned for
mixed use in 1990., Old School Square Historic District is proof that adaptive reuse of
historic buildings increases the economic feasibility of restoring many of the town's most
significant buildings. MAP - OSSHAD.pdf (179KB)
. Nassau Park Historic District
Seventeen one and two story Cape Cod Colonial Revival cottages comprise this oceanside
district. Platted in 1935, the district recalls the prosperity, pleasure, and style, which was
the essence of the 1930s resort life in the City. The scale, dimension, and proportion of
these modest homes are irreplaceable. Distinctive horizontal clapboard siding with multi-
paned windows and elaborate dOOlways define these classic cottages. MAP -
NASSAU.pdf (150KB)
. Del-Ida Park Historic District
The district consists of 58 acres containing 151 structures. With a total of 47 contributing
buildings in the Mediterranean Revival style and Craftsman Bungalow designs, this
residential neighborhood was platted in 1923. One of Delray's first planned developments;
the district features a unique, diagonal street pattern with curvilinear corners creating
triangular blocks with varying street frontages. MAP - DEL IDA PARK.pdf (143KB)
. Marina Historic District
Situated on the Intracoastal Waterway and built around the town's City Marina, the district
displays a variety of . architectural styles. Streamline Moderne, Colonial Revival,
Mediterranean Revival, and Bungalows blend with the distinctive sub-tropical landscape.
With its narrow and shaded streets, and the City Marina as a focal point, this is the town's
most pedestrian oriented neighborhood. The district contains 96 buildings of which 51 are
contributing. MAP - MARINA.pdf (164KB)
. West Settlers Historic District
The West Settlers Historic District has a high threshold of historical significance. It is
culturally meaningful for its association with the pioneering African-American families who
helped settle the City. Education and religion were the two most important institutions in the
http://www.mydelraybeach.com/Delray /Departments/Planning+and+ Zoning/Historic+ Preservation!... 7/8/2006
Historic Districts I The City ofDelr~ Beach
Page 2 of2
early days of the neighborhood. A school, three churches, and a Masonic Lodge were all
established within the West Settlers Historic District between 1895 and 1920. The district
contains 53 structures, 23 of which have historic status. MAP - WEST SETTLERS.pdf
(134KB)
. VICINITY MAP.pdf (289KB)
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ARTICLE 4.5
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not establish uses or categorize uses, These
Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts
of such uses upon the natural or man-made environment; or regulate development so
as to mitigate potential dangers to the use of such developed land, or to otherwise
implement policies and objectives of the Comprehensive Plan, Overlay and
environmental management districts need not be shown on the Official Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in the original enactment of
Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for
the identification, preservation, protection, enhancement, perpetuation, and the use of
districts, archeological sites, buildings, structures, improvements, and appurtenances
that are reminders of past eras, events, and persons important in local, state, and
national history; that provide significant examples of architectural styles of the past; that
are unique and irreplaceable assets to the City and its neighborhoods; or that provide
this and future generations with examples of the physical surroundings in which past
generations lived; and other purposes,
(8) Criteria for DesiQnation of Historic Sites or Districts:
(1) To qualify as a historic site, or historic district, or historic interior, individual
properties, structures, sites, or buildings, or groups of properties, structures, sites, or
buildings must have significant character, interest, or value as part of the historical,
cultural, aesthetic, and architectural heritage of the city, state, or nation, To qualify as a
historic site or historic district, the property or properties must fulfill one or more of the
criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior
must fulfill one or more of the criteria set forth in division (2) and meet the criteria set
forth in divisions (3)(b) and (3)(d).
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a major
person important in city, state, or national history (for example, the
homestead of a local founding family);
(b) Is the site of a historic event with significant effect upon the city, state,
or nation;
(c) Is associated in a significant way with a major historic event, whether
cultural, economic, social, military, or political;
4.5 -1
SEe )N 4.5.1 (B) (2) (d)
(d) Exemplifies the historical, political, cultural, economic, or social trends
of the community in history; or,
(e) Is associated in a significant way with a past or continuing institution
which has contributed substantially to the life of the city.
(3) A building, structure, site, or district is deemed to have architectural or
aesthetic significance if it fulfills one or more of the following criteria; except that to
qualify as a historic interior, the interior must meet the criteria contained within divisions
(3)(b) and (3)(d):
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles;
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction;
(c) Is a historic or outstanding work of a prominent architect, designer,
landscape architect, or builder; or
(d) Contains elements of design, detail, material, or craftsmanship of
outstanding quality or which represented, in its time, a significant
innovation or adaptation to the South Florida environment.
(4) A building, structure, site, interior, or district will be deemed to have historic
significance if, in addition to or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic development standards as defined by
and listed in the regulations of and criteria for the National Register of Historic Places,
as prepared by the United States Department of the interior under the Historic
Preservation Act of 1966, as amended. A copy of these standards for the National
Register is made part of this section as if fully set forth herein,
(C) DesiQnation Procedures:
(1) Buildings, structures, archaeological sites, or districts which meet the
criteria for historic sites or districts set forth in Section 4.5.1 (B) may be designated as
historic sites or districts, and may be listed on the Local Register of Historic Places.
(2) Nominations for historical site or district designation shall be made to the
Historic Preservation Board on an application form developed and approved by the
Board,
(a) Nominations for historic site status may be initiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
4.5 - 2
SECllO 4.5.1 (C) (2) (a) (3)
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information
provided on each nomination application to determine if it generally conforms with
historic status criteria. The Board shall then prepare a designation report which shall
contain the following: [Amd. Ord. 30-91 3/26/91]
(a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30-91 3/26/91]
(b) any proposed conditional zoning regulations designed to replace or
complement existing zoning regulations with regard to, but not limited
to use, floor area, density, height, setbacks, parking, and minimum lot
size; [Amd. Ord. 30-91 3/26/91]
(c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30-91 3/26/91]
(d) analysis of optional historic interiors for those buildings and structures
with interior features of exceptional architectural, aesthetic, artistic, or
historic significance. [Amd. Ord. 30-91 3/26/91]
(4) Upon completion and formal review of the report, the Board shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten days prior to the hearing by regular mail.
Additional notice shall be given in the same manner as provided for a rezoning action
[see Section 2.4.2(B)(1 )(b)] and by notice published in the newspaper at least ten days
prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1 )(b) is not
required. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 30-91 3/26/91]
DELETED (5) AND RENUMBERED [Amd. Ord. 24-05 4/19/05]
(5) After conducting the public hearing, if the Historic Preservation Board finds
that the nomination fulfills the proper designation criteria and all procedures have been
followed correctly, it shall vote on the designation, A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the
Board's findings to the City Commission, The City Commission shall consider the
recommendation through its standard ordinance adoption procedures, except that at
4,5 - 3
--
S ';TION 4.5.1 (C) (5)
least three affirmative votes of the City Commission is necessary to make a
designation, In the event that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super majority vote of four votes,
[Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(6) After conducting the public hearing, if the Historic Preservation Board does
not find that the request fills the criteria, no further action will be required and the
request will be deemed denied, However, an appeal may be filed and processed
pursuant to Section 2.4,7(E). [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(7) The Board will issue an official "certificate of historic significance" to the
owner of properties listed individually on the local historic register or judged as
contributing to the character of a historic district listed on the local historic register. The
Director acting as City Preservation Officer, or his appointee, is authorized to issue and
place official signs denoting the geographic boundaries of each historic district listed in
the local historic register, [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(D) Review and Approval Procedures: Once property is placed within a Historic
District or designated as a Historic Site no development order shall be issued without
first obtaining a Certificate of Appropriateness (C.O.A.) pursuant to Section 2.4,6(J)
from the Historic Preservation Board. Obtaining a C.O.A. is required in addition to any
other process which is required for the development application.
(E) Development Standards:
(1) For the purpose of this Section, exterior architectural features will include,
but not be limited to the following:
(a) The architectural style, scale, general design, and general arrangement
of the structure's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(2) The following shall only be moved, reconstructed, altered, or maintained, in
accordance with this chapter, in a manner that will preserve the historical and
architectural character of the building, structure, site, or district:
(a) Buildings, structures, and appurtenances.
(b) "APPURTENANCES" includes, but is not limited to, stone walls,
fences, light fixtures, steps, paving, sidewalks, and signs,
4.5 - 4
c
""
:TION 4.5.1 (E) (3)
(3) In considering proposals for alterations to the exterior of historic buildings
and structures and in applying development and preseNation standards, the
documented, original design of the building may be considered, among other factors.
(4) A historic site, or building, structure, site, improvement, or appurtenance
within a historic district shall be altered, restored, preseNed, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the Interior's
Standards for Rehabilitation, as amended from time to time.
(5) Relocation of historic buildings and structures to other sites shall not take
place unless it is shown that their preseNation on their existing or original sites is not
consistent with the purposes of this Section or would cause undue economic hardship
to the property owner.
(6) Demolition of historic sites, archaeological sites, or buildings, structures,
improvements, and appurtenances within historic districts will be regulated by the
Historic PreseNation Board in the manner described in Subsection (F).
(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.
(8) All improvements to buildings, structures, and appurtenances within a
designated historic district shall be visually compatible, Visual compatibility shall be
determined in terms of the following criteria:
(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.
(b) Front Facade Proportion: The front facade 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.
(c) Proportion of OpeninQs (Windows and Doors): The openings of any
building within a historic district shall be visually compatible with the
openings exemplified by the prevailing historic architectural styles
4.5 - 5
SEe ON 4.5.1 (E) (8) (e)
within the district. The relationship of the width of windows and doors
to the height of windows and doors among buildings within the district
shall be visually compatible,
(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 Buildin~s 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.
(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.
(g) Relationship of Materials, Texture. and Color: The relationship of
materials, texture, and color of the facade of a building shall be visually
compatible with the predominant materials used in the historic sites,
buildings, and structures within a historic district.
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building, or
structure within a historic district.
(i) Walls of Continuity: Appearances of a building or structure such as
walls, wrought iron, fences, evergreen landscape masses, or building
facades, shall form cohesive walls of enclosure along a street to insure
visual compatibility of the building to historic buildings, structures, or
sites to which it is visually related,
U) Scale of a Buildin~: 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.
(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.
4.5 - 6
(
...
CTION 4.5.1 (E) (9)
(9) Visual compatibility standards will be further discussed in greater detail in
the Defrav Beach Preservation and Conservation Manual. Said Manual will be
developed as a guide to assist property owners as they seek to nominate their
properties for designation as a historic site or to designate an area within the city as a
historic district.
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first receiving a Certificate of Appropriateness
for that purpose, The Historic Preservation Board shall be guided by the following in
considering such a request.
(1) The Historic Preservation Board upon a request for demolition by a
property owner, shall consider the following guidelines in evaluating applications for a
certificate of appropriateness for demolition of designated historic sites, historic
interiors, or buildings, structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national
register,
(b) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
(e) Whether there are definite plans for immediate reuse of the property if
the proposed demolition is carried out, and what effect those plans will
have on the character of the surrounding area.
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such
hardship in accordance with the definition of undue economic hardship found in
Subsection (H).
(3) The Board's refusal to grant a Certificate of Appropriateness requested by
a property owner for the purpose of demolition will be supported by a written statement
describing the public interest that the Board seeks to preserve,
4.5 -7
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Important Specifications
. Height
25'6"
Second story recessed
Second story only 696 square feet
. Total 2,548 AC total square feet
. 3,148 total square feet
-""
-"
MEMORANDUM
The present structure at 527 N. Swinton Avenue may be
demolished under the applicable laws, guidelines and rules.
The City of Delray Beach Planning and Zoning website (the 'Website Page")
states that a property is considered "historic" by the City of Delray Beach ("City") if it
is at least fifty years old and holds significance for its historical associations with a
person, event, or trend in local, State, or National history or for its distinguished
architectural merits including unique craftsmanship, materials, artistic value, or is the
work of an architectural master (the 'Website Page"), The Website Page is not an
ordinance, law, or any other pronouncement of any official nature. Importantly, the
"50 Year Rule" is not mentioned in any legally adopted ordinance, though it is
mentioned in certain materials. Please see Exhibit "A" for a copy of the Website
Page. However, even if the "50 Year Rule" had some merit, the structure must meet
additional criteria in order to be considered "historic,"
In the instant case, we stand by the proposition that the "50 Year Rule" is not
dispositive on this issue. Other structures in historic neighborhoods more than fifty
(50) years old have been demolished, In any event, there is much debate as to
whether this structure is in fact fifty (50) years old. Even if this structure is over fifty
(50) years old, this structure does not hold significance for any historical
associations with a person, event, or trend in local, State, or National history or for
any distinguishing architectural merits, Please see Exhibit "B" for photographs
showing the structure in its present state.
According to the Delray Beach Historic PreselVation Design Guidelines, the
Historic PreselVation Board ("HPB") determines whether or not a property has value
or interest in the historical, cultural, and/or architectural heritage of the City, the State
of Florida, and/or the Nation, To qualify for listing, the HPB must find that the
nominated property meets one or more of the following criteria:
. It is associated with the life of a major person important in the City,
State, or National History;
. It is the site of an historic event with a significant effect upon the City,
State, or Nation;
. That it exemplifies the historical, political, cultural, or social trend of
the community in history;
. It is associated with a past or continuing institution which as
contributed substantially to the City's life;
. That it portrays the environment in an era of history characterized by
a particular architectural style;
. That is embodies the distinguishing characteristics of an architectural
style, period, or method of construction;
,\\\\;:;EOA;~"'Y10~ ~~ \ J\~~\?A- ~"g,
. It is an historic or outstanding work of a prominent architect,
designer, landscape architect, or builder; or
. That it contains elements of design, detail, material, or craftsmanship
of outstanding quality, or which represented, in its time, a significant
innovation or adaptation to the South Florida environment.
The structure at 527 N, Swinton Avenue does not meet any of the eight
criteria listed above.
Furthermore, the Delray Beach Historical Preservation Design Guidelines
state that properties less than fifty (50) years old at the time the City's five historic
districts were created do not automatically qualify as historic properties once they do
reach that fifty (50) year threshold. In order for those newly eligible properties to be
included, a new justification that details the period and certifies the special character
of the properties must be written and the historic district so modified, This has not
happened,
Since the Del-Ida Park Historic District became a locally designated historic
district in 1988, the house would need to be built before 1938 in order to qualify as a
historic structure, It was certainly not built before that date, If it does not even qualify,
then you do not need to go to the next step of determination,
However, even if you desire to review the "determination" criteria, this
structure is non-contributing. Page 7 of the Delray Beach Historic Preservation
Design Guidelines further explains the differences between contributing buildings
and non-contributing buildings are as follows:
A contributing building, site, structure or object adds to the historic
architectural qualities, historic associations, or archaeological values for
which a district is significant because:
. It usually is more than fifty (50) years old;
. It was present during the period of significance; and
. It possesses historic integrity reflecting its character at that
time;
. Or is capable of yielding important information about the
period; or
. It independently meets the National Register criteria.
A non-contributing building, site, structure or object does not add to the
historic architectural qualities, historic associations, or archaeological values
for which a district is significant because:
. It usually is not more than fifty (50) years old;
. It was not present during the period of significance;
O:\CORE002\Memorandum.July 10, 2006.doc 2
. It no longer possesses its historic character which would
reflect its original character; and
. It is not capable of yielding important information about the
period.
The Delray Beach Historic Preservation Design Guidelines states that the
HPB is to review buildings on their own merits on a case-by-case basis to determine
whether or not they contribute to the character of the historic district. In reviewing
the Staff Reports, board meeting minutes and transcripts, there is no examination of
this issue. There has been no determination as to which period of time is the
significant prominent architectural period for the Del Ida district. The best it can be
said is that the significant prominent architectural period was at a time earlier than
World War II when Mediterranean Revival and Craftsman Bungalow styles were
appropriate, This is not one of those styles. Clearly, the subject property does not
add to the historic architectural qualities or have historic associations to be
considered significant and is thus non-contributing,
Therefore, the structure at 527 N, Swinton Avenue is a non-contributing
structure on all counts. In summary:
1, The facts purportedly establishing a build date of over fifty years old
are controverter by other public records;
2. The "50 Year Rule" is not an ordinance or law; and at the very best
merely a suggestion,
3. Even if "50 Year Rule" applies, it was when the district was
established so the structure would have to be built before 1938.
4. The historic district was never updated to include this style of house.
5. The house has no distinctive or unusual history or characteristics
whatsoever.
Thus, the demolition should be approved,
0:\CORE002\Memorandum.July 10, 2006.doc 3
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City Home> Departments> Planning and Zoning> Historic Preservation> Questions about Historic
Properties
Q&A for HISTORIC PROPERTIES
What makes a property "historic"?
. A property is considered "historic" by the City of Delray Beach if it is at least fifty years old and
holds significance for its historical associations with a person, event, or trend in local, State, or
National history or for its distinguished architectural merits including unique craftsmanship,
materials, artistic value, or is the work of an architectural master.
Who can initiate the nomination of an individual property or district for "historic"
designation?
. Nominations for an individual property can be initiated by the property owner, the Historic
Preservation Board or the City Commission. Nomination of an historic district can be initiated by
the Historic Preservation Board or the City Commission. The nomination is then reviewed by the
Historic Preservation Board and finally the City Commission for approval of the historic
designation. Designation applications can be obtained at the Planning & Zoning Department.
As the owner of an historic property, will the City dictate to me what I can do with my
property?
. No. The City allows any general maintenance and interior alterations to be at the discretion of the
property owner. However, in order to ensure that the City's designated properties retain their
historical and architectural integrity, the Historic Preservation Board requires a review process for
exterior alterations or additions to a historic structure or property. These reviews for approval,
known as a request for a Certificate of Appropriateness (COA), can be done by the City's Planning
and Zoning Staff depending on the extent of the work or by the Historic Preservation Board.
Applications for a COA and a list of the type of work that requires a Staff or Board review is
available at the Planning and Zoning Department.
Are there any economic incentives for rehabilitating a historic property?
. The City of Delray Beach offers a tax abatement for improvements to historic properties. This is
offered to residential and commercial properties and is effective for a period of ten years from the
start of the improvements. In addition, there are Federal Rehabilitation Investment Tax Credits that
provide a twenty percent tax credit for the rehabilitation of historic commercial properties. For more
information, contact the Historic Preservation Planner in the Planning & Zoning Department.
@ Copyright 2005 City of Delray Beach. All rights reserved. Privacy Policy. Disclaimer,
Digital Cities Survey 2005 First Place Winner
The All-America City 2001
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Demolition Guidelines
City of Delray City of Delray National Guidelines Comment
Beach Beach Designation Designation Criteria
Demolition Criteria
Criteria [4.5.1 (B) (I) and (2)]
[4.5.1 (F) (I)
and Delray
Beach Historic
Preservation
Design
Guidelines
Section VIII]
1, Whether the To qualify as a historic The quality of national 1. Not
structure is of such site, or historic district, significance is ascribed to significant or
interest or quality or historic interior, districts, sites, buildings, exceptional
that it would individual properties, structures and objects
reasonably fulfill structures, sites, or that possess exceptional 2. Not
criteria for buildings, or groups of value or quality in identified as a
designation for properties, structures, illustrating or interpreting contributing
listing on the sites, or buildings must the heritage of the United building
national have significant States in history,
register. character, interest, or architecture, archeology, 3, Not
value as part of the technology and culture; identified as a
historical, cultural, and that possess a high contributing
aesthetic, and degree of integrity of style
architectural heritage of location, design, setting,
the city, state, or nation, materials, workmanship,
feelinq, and association
2. No Corresponding A building, structure, That are associated No person
Ordinance site, interior, or district importantly with the lives
will be deemed to have of persons nationally
historical or cultural significant in the history
significance if it is of the United States
associated in a
significant way with the
life or activities of a
major person important
in city, state, or national
history (for example, the
homestead of a local
founding family)
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3. Whether retaining A building, structure, No Corresponding No event
the structure site, interior, or district Guideline
would promote the will be deemed to have
general welfare of historical or cultural
the city by significance if it is the
providing an site of a historic event
opportunity to with significant effect
study local upon the city, state, or
history, nation
architecture, and
design, or by
developing an
understanding of
the importance
and value of a
particular culture
and heritaqe.
4. No Corresponding A building, structure, That is associated with No event
Ordinance site, interior, or district events that have made a
will be deemed to have significant contribution to,
historical or cultural and are identified with, or
significance if it is that outstandingly
associated in a represents, the broad
significant way with a national patterns of
major historic event, United States history
whether cultural, and from which an
economic, social, understanding and
military, or political appreciation of those
patterns may be qained
5. No Corresponding A building, structure, No Corresponding No trend
Ordinance site, interior, or district Guideline
will be deemed to have
historical or cultural
significance if it
exemplifies the
historical, political,
cultural, economic, or
social trends of the
community in history;
6. No Corresponding A building, structure, No Corresponding No institution
Ordinance site, interior, or district Guideline
will be deemed to have
historical or cultural
significance if it is
associated in a
significant way with a
past or continuing
institution which has
contributed substantially
to the life of the city
O:\CORE002\powerpoint chart #1.doc
- 2 -
7. No Corresponding No Corresponding That represent some No great idea
Ordinance Ordinance great idea or ideal of the
American people
8. No Corresponding No Corresponding That are composed of Not
Ordinance Ordinance integral parts of the collectively
environment not exceptional
sufficiently significant by
reason of historical
association or artistic
merit to warrant individual
recognition but
collectively compose an
entity of exceptional
historical or artistic
significance, or
outstandingly
commemorate or
illustrate a way of life or
culture
9, No Corresponding No Corresponding That have yielded or may No major
Ordinance Ordinance be likely to yield scientific
information of major importance
scientific importance by
revealing new cultures, or
by shedding light upon
periods of occupation
over large areas of the
United States. Such sites
are those which have
yielded, or which may
reasonably be expected
to yield, data affecting
theories, concepts and
ideas to a maior deQree.
10, Whether the A building, structure, No Corresponding 1. Not
structure is one of site, or district is Criteria distinctive
the last deemed to have and there are
remaining architectural or others like it
examples of its aesthetic significance
kind in the if it portrays the 2.No
designated historic environment in an era of aesthetic
district within the history characterized by significance
city. one or more distinctive
architectural styles
O:\CORE002\powerpoint chart #1.doc
- 3 -
11. No Corresponding A building, structure, That embody the 1. Not
Ordinance site, or district is distinguishing distinctive
deemed to have characteristics of an
architectural or aesthetic architectural type 2. Not
significance if it specimen exceptionally exceptional
embodies those valuable for the study of a
distinguishing period, style or method of
characteristics of an construction, or that
architectural style, represent a significant,
period, or method of distinctive and
construction exceptional entity whose
components may lack
individual distinction
12. No Corresponding A building, structure, No Corresponding No prominent
Ordinance site, or district is Guideline architect
deemed to have
architectural or aesthetic
significance if it is a
historic or outstanding
work of a prominent
architect, designer,
landscape architect, or
builder
13. Whether the A building, structure, No Corresponding No
structure is of such site, or district is Guideline outstanding
design, deemed to have craftsmanship
craftsmanship, or architectural or aesthetic or innovation
material that it significance if it contains
could be elements of design,
reproduced only detail, material, or
with great craftsmanship of
difficulty or outstanding quality or
economically which represented, in its
nonviable time, a significant
expense. innovation or
adaptation to the South
Florida environment
14, Whether there are No Corresponding No Corresponding Proposed
definite plans for Ordinance Guideline home for a
immediate reuse family of four
of the property if (4) in keeping
the proposed with the
demolition is historical
carried out, and neighborhood
what effect those
plans will have on
the character of
the surrounding
area.
O:\CORE002\powerpoint chart #1.doc
- 4 -
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.............
MEMORANDUM
The City is equitably estopped from denying the COA
For the reasons set forth below, the City of Delray Beach is equitably
estopped from denying the Certificate of Appropriateness ("COA") for the demolition
and construction of a single-family home located on 527 North Swinton Avenue,
This property was purchased in July 2005 by Ms, Shannon J, Dawson, Prior
to closing on this purchase, Ms. Dawson spoke with Mr, Warren Adams, then the
Historic Planner for the City of Delray Beach. Mr, Adams was made aware of the
intent of Ms, Dawson to demolish the existing dilapidated structure and to replace it
with a new single family home. After reviewing certain records, Mr. Adams informed
Ms, Dawson that the existing structure was constructed within the last fifty (50) years
and could be demolished.
In direct reliance upon Mr. Adams' statements and his expertise as the City's
Historic Planner, Ms, Dawson purchased the property, hired relevant professionals
to design the new structure and submitted the COA. Mr, Adams then left the City's
employ and was replaced by Ms. Amy Alvarez, Upon the submission of the COA,
the original construction date was reviewed by Ms, Alvarez, Ms. Alvarez also
confirmed that the structure was built within the last fifty (50) years, and, while
located within the Del-Ida historic neighborhood, it was not a historic or contributing
structure, Then, on or about February 24, 2006, Ms. Alvarez "finds" evidence which
purports to show this structure was built in 1947. This purported evidence is in
contradiction to official County records, yet the City persists on using this date. A full
and complete copy of a memorandum issued by the City entitled "527 North
Swinton Avenue -- Timeline of Events" confirming the statements of the City officials
is attached as Exhibit "A" and is .incorporated herein as if fully set forth,
As early as 1950, the Florida Supreme Court held that the concept of
equitable estoppel would apply to a municipality. Texas Co. v, Town of Miami
SorinGs. 44 So..2d 808 (Fla, 1950). In that case the Town, one month after
approving the building permits to construct a gas station, attempted to enforce a
subsequently enacted ordinance against the applicant. Id at 808. The Court held
that since the Town first advised the applicant that the station could be constructed
and throughout the process continued to support the construction of a gas station,
the Town could not simply turn around and change its mind, Id at 809-81a.
Similarly, a municipality cannot fail to inform an applicant of a fact or mislead an
applicant. City of Norlh Miami v. State ex. reI. Keller. 308 SO.2d 558 (Fla,:Jd DCA
1975).
Equitable estoppel will be applied if a property owner (1) in good faith, (2) on
some act or omission of the government, (3) has made a substantial change in
position or has incurred extensive obligations and expenses, so that it would be
inequitable and unjust to destroy the acquired right. Sakolskv v. City of Coral
Gables. 151 So,2d 433 (Fla. 1963).
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Courts have invoked equitable estoppel in cases when officials apprised of
proposed development activity, should have acted but failed to do so. Texas Co. v.
Town of Miami Sprinqs, supra. "Unfair dealing" by a governmental body can be the
basis for invoking equitable estoppel. City of Marqate v. Amoco Oil Co.. 546 SO.2d
1091 (Fla. 4th DCA 1989) In that case, the City was found to have engaged in
arbitrary, discriminatory action when the City denied the applicant's site plan to gain
time to pass new laws that would prevent the proposed construction, Id.
A government official's statements may provide the requisite action sufficient
to induce reasonable reliance, City of Naples v, Crans, 292 So,2d 58 (Fla. 2d DCA
1974), In Crans, the city administration officials told the applicant that a recently
enacted moratorium did not apply to its project, so it could obtain the needed
building permits. Id at 59, Before the building permits could be issued, the applicant
had to secure certain other state and federal approvals, As a result of the City's
statements, the applicant had incurred substantial costs and obligations in obtaining
those approvals, Id at 59, After obtaining the approvals, the applicant applied for a
building permit, only to be rejected on the basis of the moratorium. Id. The court
held that the actions of the City were the direct cause of the applicant to incur the
expenses and obligations, so the City is estopped from denying the building permit.
Id. at 59. See also: City of Coral Sprinqs v, Broward County. 387 So,2d 389 (Fla.
4th DCA 1980) where the city was estopped from enforcing its lien by foreclosing on
property because of mistaken information conveyed to county by city employee. It is
important to note that both of these cases were based solely upon oral statements
made by City officials,
Equitable estoppel has also been found to exist when a statement can be
attributed to a city official. City of Coral Gables v. Pujqqros. 418 So.2d 367 (Fla. 3d
DCA 1982). In that case, the court found equitable estoppel when the property
owner purchased land in direct reliance upon statements of the city's officials that a
building permit could be issued and that any code restriction did not apply to the
subject property. Id at 368. This case is almost directly on point with the case at
hand, In Pujqqros, the property owner purchased the parcel after being orally
assured by the city official that he could obtain a building permit for the site. The
court held that, since the property owner relied, to his detriment, on the statements
of the City officials, the City was equitably estopped from denying the requested
building permits.
Full and complete copies of all cited cases are attached hereto as Exhibit
"8" and are incorporated herein as if fully set forth.
It is undisputed that Ms. Dawson has acted in good faith. The City has
admitted, on numerous occasions, that it told Ms. Dawson the structure was
constructed in 1958 and that it could be demolished and a new structure built in its
place. She confirmed this information several times with several City officials, all of
whom concurred with the 1958 date. Ms. Dawson relied specifically on these
statements of the city officials; she would not have purchased the property without
such assurances.
0:\CORE002\memorandum equitable estoppel July 10, 2006,doc - 2-
In consideration of Ms. Dawson's diligent efforts to obtain an answer, and
the fact that the City consistently confirmed the 1958 date, Ms. Dawson proceeded
forward, made a substantial change in position and incurred extensive obligations
and expenses, including, but not limited to, purchase of the subject property and the
engagement of numerous professionals with respect to architectural drawings,
engineering, environmental reports, landscape plans and similar items.
Based upon the conduct of the City, through its officers, this COA must be
approved,
0:\CORE002\memorandum equitable estoppel July 10, 2006,doc - 3 -
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Planning & Zoning Department
MEMORAND M
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TO:
FROM:
DATE:
RE:
Paul Dorling, Planning and Zoning Director
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Amy Alvarez, Historic Preservation Planner
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May 9, 2006
527 North Swinton Avenue - Timeline of Events
Date
2005 .
November 2005
January 2006
February 2006
February 2006
March 1, 2006
April 2006
Action
Applicants claim to have met with Warren Adams, Historic Preservation
Planner, regarding the age and classification of the structure located at 527
North Swinton Avenue"at which time the date of construction was identified as
1958,
Applicants met with Amy Alvarez, Historic Preservation Planner, regarding
age and classification of structure, Resources used at this time included the
Del-Ida Park Historic District map from time of district designation which notes
the property as non-contributing and developed in 1958. This date coincides
with the Property Appraisers website. No other resources were used at this
time. Based on the age alone, the property was deemed non-contributing.
However, there was not a site visit conducted nor other information submitted
regarding any other historic merit of the structure,
Applicants submitted COA and Variance applications for demolition of
structure and subsequent new construction of single family residence and
detached garage/guest cottage.
Amy Alvarez researched further into the property by looking at the Sanborn
Insurance Maps*, which showed a footprint matching that of the existing as
being on the property in 1949 and 1963. Additionally, the old City Clerk Tax
Cards* were reviewed which noted a 1947 date of construction, This
information pointed to the argument that the building would be deemed
contributing not only based on its age, but on the fact that it had not been
significantly altered and was of a style of architecture, as well as scale and
massing contributing to the Del-Ida Park Historic District. A building permit
number is not referred to on the card as on many other cards; otherwise
further research may have been conducted at that time. However, it
appeared that there was sufficient evidence regarding the age of the
structure.
Upon uncovering such information, the applicants were notified.
The application was heard for the first time by the Historic Preservation Board
(HPB) and tabled for further information,
Revised application and plans to be reviewed for the second time by the HPB
were pulled from the agenda at the applicants request until further notice.
~27 North Swinton Avenue - Timelir
April 2006 Applicants submitted revised plans to be reviewed by the HPB on May 17,
2006.
April/May 2006 Further research was conducted by Amy Alvarez. The basis of this research
was to attempt to decipher a date of construction: either 1947 or 1958.
Approximately three hours were spent looking through the microfiche in the
Building Department archives from the years 1946 and 1947. Being that the
old City Clerk's Tax Card noted 1947, that year was researched first and
approximately 153 microfiche were reviewed. Upon review of the 1946 files,
the microfiche containing copies of the original building permit and plans were
found. Approximately 79 microfiche are on file from 1946.
May 8, 2006 Applicants were notified by email that the original building plans had been
located.
.Such additional office resources were not known to be available to the current Historic Preservation Planner at the
time of the meeting in November 2005..
Attachments:
· Property Appraisers Website Information
· Del-Ida Park Historic District Maps Circa 1988
· Sanborn Insurance Map of 1949
· Sanborn Insurance Map of 1963
· City Clerk's Tax Card
· Building Permit Records dated 1946 with current photographs attached to each elevation
· Correspondence dated February 2006
· Correspondence dates April 2006
· Correspondence dated May 2006
Page 3 of3
able to provide this information,
Clttu; E. ~
Historic Preservation Planner, City of Del ray Beach
100 l',fIN I st A venue
Delray Beach, Florida 33444
(561) 243.7284
./
.Palm BeacJl County Property J
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Page 1 0[2
Property Information
Location Address: 527 N SWINTON AVE
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Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Legal Description:
DELRAY BEACH
12-43-46-09-29-003-0012
DEL IDA PARK IN
18892 Page: 1361 Sale Date: Jul-2005
DEL IDA PARK S 2 FT OF LT 1 & LT 2 BLK 3 (DEL-IDA PARK HISTORIC
DISTRICT)
Owner Information
Name: DAWSON SHANNON J
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Mailing Address:. 527 N SWINTON AVE
DELRAY BEACH FL 33444 3969
Sales Information
Sales Date Book/Page Price Sale TYDe Owner
J ul-2005 18892/1361 $355,000 WARRANTY DEED DAWSON SHANNON J
May-1992 07272/0796 $100 QUIT CLAIM
Feb-1992 07144/0687 $75,000 WARRANTY DEED
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Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2005 2004 2003
$91,557 $79 253 $69 705
$245,000 $175,000 $140 000
$336,557 $254,253 $209,705
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1361
Description: RESIDENTIAL
* in residential properties may indicate living area.
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Tax Year: 2005 2004 2003
Assessed Value: $66,498 $64 561 $63 357 "l~~a
Exemption Amount: $25,000 $25,000 $25 000
Taxable Value: $41 498 $39,561 $38,357
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Structural Detail
Page 1 of 1
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 J3ULDJNG.2 BUILDING 3 HULDJNG-+
Structural Element for Bui/ding 1
1.Ext erior Wall 1
2, Year Built
3,A ir Condition Desc,
4. Heat Type
5.H eat Fuel
6. Bed Rooms
7,Ful I Baths
8. Half Baths
9.Ext erior Wall 2
10. Roof Structure
11. Roof Cover
12, Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15, Floor Type 2
16. Stories
CB~TUCCO
1958
HTG & AC
FORCED AIR DUCT
ELECTRIC
2
1
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N/A
GABLE/HIP
ASPH/COMP, SHG,
PLASTER
N/A
HARDWD/PARQUET
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1
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No, Code Description Sq. Footage
1. BAS BASE AREA 1133
FSP FINISHED 78
2. SCREENED PORCH
FOP FINISHED OPEN 150
3. PORCH
Total Square Footage: 1361-
Total Area Under Air: 1133
Extra Feature
Description
PATIO ROOF ALUMINUr., OR STEEL
Spa
Deck
UTILITY BUILDING
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 #
1.
Year Built
Units
105
1
S50
50
Depth
125.00
Units
1
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Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer
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@ 2004 Palm Beach County Property Appraiser.
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~ Lot nurrber
Page I of I
Owner Information
peN: 12434609290030012
Name: DAWSON SHANNON J
Location: 527 N SWINTON AVE
Mailing: 527 N SWINTON AVE
DElRAY BEACH FL 33444
3969
2005 Preliminary Assessment
Market Value:
Assessed Value:
Exempt Arnnt:
Taxable:
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
J u 1- 2005
May-1992
Feb-1992
Jan-1983
Palm Beach County Property Map
Map Scale 1:956
Map produced on 5/1112006 from PAPA
http://www.pbcgov.com/papa
$336,557
$66,498
$0
$66,498
$968,12
$158,00
$1,126,1
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44 So.2d 808
44 So.2d 808
(Cite as: 44 So.2d 808)
Supreme Court of Florida, en Bane,
TEXAS CO,
v,
TOWN OF MIAMI SPRINGS.
March 3, 1950,
Rehearing Denied March 24, 1950.
The Texas Company brought action against the
Town of Miami Springs for a declaratory decree and
injunction to restrain town from enforcing as against
plaintiff an emergency ordinance forbidding the
construction of a gasoline filling station within 850
feet of another station.
The Circuit Court for Dade County, Charles A,
Carroll, J., rendered a judgment for defendant, and
plaintiff appealed. '
The Supreme Court, Thomas, J" held that defendant
was estopped to enforce ordinance against plaintiff
after granting permits to plaintiff so as to induce
plaintiff to purchase lots for stations,
Reversed,
West Headnotes
Estoppel 156 ~62.4
156 Estoppel
I 56III Equitable Estoppel
1 56III(A) Nature and Essentials in General
1 56k62 Estoppel Against Public,
Government, or Public Officers
15 6k62.4 k. Municipal Corporations in
General. Most Cited Cases
(Formerly I 56k62(4))
Where oil company, before purchasing two lots in
town for gasoline service stations, submitted plans to
town for proposed stations and received permits to
construct them, and company then purchased the lots,
and thereafter permits were renewed by town, and
one month after renewal, town passed an emergency
ordinance forbidding erection of a station within 850
feet of another station, town was estopped to enforce
such ordinance against company.
*808 Herbert S, Sawyer, O. B. Simmons, Jr., and
Page I
Evans, Mershon, Sawyer, Johnston & Simmons,
Miami, for appellant. '
Thomas H. Anderson, Miami, for appellee.
THOMAS, Justice,
It seems important at the outset to give a chronology
ofthe pleadings and orders in this case.
The appellant, plaintiff in the euqity court, brought
suit for a declaratory decree and injunction,
representing that it had acquired two lots by warranty
deeds in the latter part of 1945 and the early part of
1946 for the lone purpose of erecting on them
.' .. gasoline service stations, During negotiations for the
purchas~ of the property it was ascertained from
appellee that there was no existing ordinance
prohibiting construction or operation of such stations
at the particular locations, and before the deeds to the
tracts were delivered, appellant submitted to appellee
plans and specifications for the proposed buildings
and received pennits to construct them,
Possessed of this information and the permits,
appellant consummated the deals for the purchase of
the property, It was not possible immediately to
construct the buildings, however, for the sole reason
that pennission couId not be obtained from the
Civilian Production Administration of the United
States Government. Because of this obstacle and the
resultant delay, the appellant applied to the appellee
for renewals of the two permits, and these were
granted in September, 1946.
Despite the commitments on behalf of the appellee,
the town council the following month, October, 1946,
passed an ordinance that no gasoline filling station
should be erected within 850 feet of another station,
The ordinance was declared to be an 'emergency
measure,' and inasmuch as a station was already in
existence within 850 feet of each of the sites owned
by the appellant it would, if enforced, prevent
fulfilment of the appellant's plan.
Upon petition for a temporary restraining order, the
chancellor found that the buildings could not then be
erected because of lack of pennission from the
Civilian Production Administration, and he observed
in his order that the renewals would expire within a
few months; so he denied the petition without
prejudice to present it again when this authority had
been granted, and he also 'extended' the renewals.
@ 2006 ThomsonlWest. No Claim to Orig. U.S. Govt. Works.
44 So.2d 808
44 So.2d 808
(Cite as: 44 So,2d 808)
About four months afterward an amended bilI
apprised the court that the restrictions were no longer
imposable by the Civiliam Production Administration
and there was no obstacle, therefore, to building the
stations except, of course, the ordinance, and the
appellant renewed its *809 prayer that enforcement
of the ordinance be enjoined.
The temporary injunction was entered 19 July 1947.
Nearly a year went by before the appellee filed its its
answer, and motion to dismiss, containing the ground
that the bill as amended was devoid of equity, and
another seven months passed before the bilI was
dismissed and the injunction dissolved. Then the
court allowed the filing of an, amended bill,
containing the principal allegations, besides those
already appearing in the original bill and in the first
amendment, that in reliance on the infonnation and
permits obtained from the city, the appellant had
expended the sum of $12,500 in the purchase of the
property and, inasmuch as no answer had been filed
for fifteen months after the filing of the original bill
and eleven months after the injunction was entered, it
had completed the construction of the filling stations
at great cost. The appellee moved to dismiss this bill,
too, on the ground, among others, that it was without
equity, and the court ruled in the movant's favor,
We think the appellant's cause is pregnant with
equity.
There seems to be no occasion to explore the law
with reference to the proper exercise of police power,
the power to revoke a pennit, or to expound the law
that no vested rights arise from a pennit.
The appellant took the precaution before it
purchased the property involved of going to the only
place it could get authoritative information to
determine whether the land could be used for the
purpose intended, There it was advised that there
was no inhibition against the construction of the
filling stations and was granted formal pennission to
proceed. This authority was repeated and
emphasized when tbe pennits were renewed.
Relying upon the information and the authorization
from an official source, the appellant bougbt the land,
and bought it for one purpose only.
It will be remembered that the fmal transfer was
made early in the year 1946, while the pennits had
been issued late in tbe preceding year. Nearly a year
was to pass before the council discovered that an
Page 2
emergency measure fixing the distance between
filling stations was necessary 'because the health or
welfare of the Town is imperiled.' But what new
peril arose during tbose intervening months we do
not comprebend.
Surely there is a real reason why the city's charter
requires that there shall be intervals between the
introduction of ordinances and their passage. So to
act unhurriedly gives the opportunity for mature
consideration by the council and for the people to
voice objection or approval. The exception to the
rule is that if the health or welfare of the citizens is
jeopardized, the steps from the introduction to the
passage may be accomplished in one meeting,
From the very nature of the enterprise it is
inconceivable to us that the health or welfare of the
populace became so suddenly endangered in 1947 by
tbe construction of a filling' station, which had been
encouraged and authorized the year before, that the
usual course in enacting ordinances could not be
followed, Obviously the effect of such action was to
make the ordinance, so far as the appellant was
concerned, retroactive,
The whole picture presents, we think a typical case
of estoppel, and in all the circumstances we see no
reason not to apply it as it would be invoked were the
appellee an individual. The city permitted the
appellant to go forward with its plan to purchase
valuable property to further its business, and many
months after the deal had been consummated
repudiated, through the median of the so-called
emergency ordinance, what its representatives had
quite properly done, there having been certainly no
impediment to the issuance of the pennits at the time.
See Frink v, Orleans Corporation, ]59 Fla. 646, 32
So.2d 425. Dobbins v. Los Angeles, 195 U.S. 223,
25 S.Ct. ]8,49 L.Ed, ]69; 40 A.L.R. 928 note,
To state it differently, no peri] to the health or
welfare of the inhabitants seems to have existed in
1945 when the pennits were issued, or as late as
September, 1946, when they were renewed, a month
before the passage of the ordinance, or at least there
was no threat of such magnitude as to command the
attention of tbe legislative*810 body. Having
allowed the appellant to proceed, the city should now
be estopped from asserting that, by the method of
proclaiming so belatedly an emergency, the
pennission given by tbe city had become
undennined-all to the injury of one wbo recognized
the city's authority and proceeded only after getting
its sanction.
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt, Works.
44 So.2d 808
44 So.2d 808
(Cite as: 44 So,2d 808)
Page 3
The history of the progress of the case confmns this
view, for, to repeat, it was fIfteen months after the
bill was tiled and eleven months after it was amended
before the appellee attacked or answered it; it was
eleven months after the injunction was entered before
any effort was made to dissolve it; and meanwhile the
fIlling stations had been constructed,
We are constrained to reverse the decree, with
directions to proceeded with the trial of the cause,
Reversed.
ADAMS, C, J" and TERRELL, CHAPMAN and
ROBERT&, n., concur,
SEBRING and HOBSON, JJ., not participating.
Fla. 1950 .
Texas Co. v, Town ofMiaIDi Springs
44 So,2d 808
END OF DOCUMENT
~ 2006 ThomsonlWest. No Claim to Orig. U.S. Govt. Works.
W~tlaw
308 So.2d 558
308 So.2d 558
(Cite as: 308 So,2d 558)
District Court of Appeal of Florida, Third District.
CITY OF NORTH MIAMI, a Municipal
Corporation, et aI., Appellants,
v.
The STATE of Florida ex rel. LEONARD KELLER,
INC., Appellee.
No, 74-1119.
Feb. 25, 1975.
An action in mandamus was brought against city,
seeking to compel the issuance of a building permit.
The Dade County Circuit Court, David Goodhart, J.,
entered judgment against city and it appealed. The
District Court of Appeal held that the city would,
under the doctrine of equitable estoppel, be
compelled to issue a building permit, where the city
had concealed the facts and misled the applicant, who
was without knowledge to the contrary and relied on
city's action,
Affirmed,
West Headnotes
Estoppel 156 €::==>62.4
156 Estoppel
156III Equitable Estoppel
156III( A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
City would, under the doctrine' of equitable estoppel,
be compelled to issue building permit, where the city
had concealed the facts and misled the applicant, who
was without knowledge to the contrary and relied on
city's action.
*558 Arthur J. Wolfson, Miami, for appellants.
Pallot, Stem, Proby & Adkins; Mianri, Shorenstein &
Lewis, Miami Beach, for appellee.
Before BARKDULL, C.l., and PEARSON, J., and
CHARLES CARROLL (Ret.), Associate Judge.
PER CURlAM.
Page]
The City of North Miami appeals a fmal judgment in
mandamus ordering the issuance of a building penmt
for uses consistent with I-B-l zoning (including
tennis and shuffleboard courts). The trial judge set
out extensive findings of fact upon the basis of which
he concluded as follows:
'9. The doctrine of equitable estoppel applied here
against the CITY OF NORTH MIAMI has been
upheld in many Florida decisions, where cities and
municipalities have been required to issue building
pemlits in mandamus actions, The cases hold that
where one, in good faith, changes his position to his
detriment by spending money or obligating himself' ..
as a result of the reliance on the city's action and/or
conduct, the doctrine of equitable estoppel will apply
against the city. See Texas Co, v. Town of Miami
SpringS, 44 So.2d 808 (Fla, 1950); A. H. Sakolskv v,
City of Coral Gables, 151 So.2d 433 (Fla.1963); City
of Gainesville v, Bishop, 174 So,2d 100
(Fla.App.1965); City of North Miami v. Margulies,
289 So.2d 424 (3 DCA, 1974).'
*559 On this appeal, the City has argued essentially
that the facts do not support the application of the
doctrine of equitable estoppel in this case, Our
review of the record reveals a sufficient basis upon
which the trial judge could have found that the action
of the City in this matter concealed the facts and
mislead the appellant, who was without knowledge to
the contrary. Under such circumstances, the
application of the doctrine was proper.
Afflnned.
Fla.App. 1975.
City of North Miami v. State ex reI. Leonard Keller,
Inc.
308 So.2d 558
END OF DOCUMENT
<<:J 2006 ThomsonfWest. No Claim to Orig, U.S. Govt. Works.
\^1~HaW
151 So.2d 433
15] So.2d 433
(Cite as: 151 So.2d 433)
Supreme Court of Florida.
A. H, SAKOLSKY, Petitioner,
v,
The CITY OF CORAL GABLES, Florida, a
municipal corporation, Respondent.
No. 31842,
Feb, 20, ]963.
Rehearing Denied March 19, 1963.
Action by holder of permit authorizing building of
12-story luxury apartment building against city to
enjoin rescission of building permit. The Circuit
Court, Dade County, dismissed complaint, and bolder
appealed, The District Court of Appeal, Third
District, 139 So.2d 504, atfinned the judgment, and
the holder brought certiorari, The Supreme Court,
Drew, J" held that holder acted in good faith, and
municipality was precluded under doctrine of
equitable estoppel from rescinding permit, even
though bolder might bave bad reason to believe that
municipality's official mind migbt be cbanged by
municipal election and political controversy
regarding high rise zoning, where bolder materially
changed his position and incurred substantial expense
in reliance on permit which had been intentionally
and lawfully issued by proper municipal officers,
Decision of District Court quashed, and cause
remanded with directions,
West Headnotes
ill Zoning and Planning 414 ~468,1
414 Zoning and Plannillg
4 1 4 VIII Permits, Certificates and Approvals
4l4VIII(D) Effect of Determination;
Revocation
4l4k468 Revocation or Modification
4l4k468.1 k. In General. Most Cited
Cases
(Formerly 414k468)
Doctrine of equitable estoppel may prevent arbitrary
rescission of a building permit by a municipality in
situation in which doctrine would be invoked if
municipality were an individual.
ill Zoning and Planning 414 €:;:=468.1
Page 1
414 Zoning and Planning
414VlII Permits, Certificates and Approvals
414VIlI(D) Effect of Determination'
Revocation '
4]4k468 Revocation or Modification
4]4k468.1 k. In General. Most Cited
Cases
(Formerly 4]4k468)
Holder of permit authorizing building of l2-story
luxury apartment building acted in good faith, and
municipality was precluded under doctrine of
equitable estoppel from rescinding permit, even
though bolder migbt have bad reason to believe that
municipality's official mind migbt be changed by
municipal election and political controversy
regarding higb rise zoning, where holder materially
changed his position and incurred substantial expense
in reliance on permit which had been intentionally
and lawfully issued by proper municipal officers.
F.S.A.Const. art, 5, ~ 4.
*433 A. H. Sakolsky, in pro. per.
Edward L. Semple, Coral Gables, and William M.
Burton, Jr" Fort Lauderdale, for respondent.
DREW, Justice.
Writ of certiorari has issued in this cause on the
ground that the decision of the district court,llil
denying injunctive relief against rescission of a
building permit, is in direct conflicrw with decision
of this Court that municipal action in sucb situations
is governed by the doctrine of equitable estoppel.FN3
FNl. Fla.App., 139 So.2d 504.
FN2, Art. V, Sec. 4, Fla.Const., F.S.A.
FN3, Texas Co. v. Town of Miami Springs,
Fla.l950, 44 So.2d 808: Bregar v. Britton,
Fla.1954, 75 So.2d 753; Gross v. City of
Miami. Fla.1953, 62 So.2d 418; Sharrow v.
Dania, Fla. I 955. 83 So.2d 274; City of Fort
Lauderdale v. Lauderdale Industrial Sites,
lnc., Fla.App.1957. 97 So,2d 47; City of
Miami v. State ex reI. Ergene. lnc"
FJa.App.1961. 132 SO.2d 474; City of
Jacksonville v. Waldrep, Fla.1953, 63 So.2d
768; Voelker v. Combined Ins. Co. of
(Q 2006 Thomson/West, No Claim to Orig. U.S. Govt. Works.
151 So.2d 433
] 51 So.2d 433
(Cite as: 151 So.2d 433)
America, Fla.l954. 73 So.2d 403. See also
Frink v. Orleans Corp., ] 59 Fla. 646, 32
So.2d 425.
*434 The facts of the care are basically undisputed.
In August, 1960, the petitioner Sakolsky testified he
became interested in erecting a I2-story luxury
apartment building in Coral Gables, He went to see
the mayor of the City to discuss with him the best
location for such a project. The mayor suggested that
a portion of Biltmore Way in the City of Coral
Gables, west of the business district, was the most
logical place and arranged a conference with a
landowner in the area, The suggested site fronted on
a one hundred foot boulevard in an area zoned for
apartments where other multistory buildings already
existed. After negotiations with the landowner,
Sakolsky entered into options to purchase the land,
on the basis that if he could erect a 12-story
apartment building thereon, he would purchase the
land.OO
FN4. Petitioner testified:
'That is exactly the way the conversation went. I
said, 'It's a lot of money for and land, but I wouldn't
dispute with you five, six or seven or eight thousand
in one direction or another.' I said, 'If! can possibly
build an apartment building with the proper number
of units, I'm willing to pay the price for the land. The
only thing I'm asking of you is an option for that
property running until the date that I receive a
consideration from the Coral Gables City
Commission, a favorable action in that respect.' * *
...
'The going price for land in the area was
approximately $200 to $250 a front running foot, and
I had agreed to purchase the land for almost $400 a
front running foot. But I felt that if I could
necessarily build the type of development that I was
interested in, that the number of units as opposed to
the amount of land would be absorptive enough so it
would be a feasible deal.'
At the suggestion of the mayor, Sakolsky had
preliminary plans prepared for the apartment house,
which were submitted to the City of Coral Gables
Planning and Zoning Department and Board of
Architects for approval, and tentative approval was
granted.
Under the zoning code of the City of Coral Gables,
the peITIJission of the Ci,ty Commission was
requiredFN5 for the erection of an apartment house in
excess of three stories. There was no requirement
Page 2
under the zoning code that public notice be given on
application for permission to erect such a structure.
A preliminary conference with all of the
Commissioners was held in November 1960, at one
of the Commission meetings, at which time it was
suggested that a courtesy notice be given to the
apartment house owners in the area and that the
matter be put on the agenda of the City's Commission
meeting on December 6, 1960.
FN5. Petitioner has not at any point in the
litigation contested, on constitutional or
other grounds, the validity of the provision
requiring approval by the Commission of
any structui-e exceeding three stories in
height.
Upon notice and public hearing on that date, Mr.
Sakolsky and some 100 objectors, represented by
counsel, were fully heard and the Commission by a
majority vote enacted an ordinance granting the
permission requested. On December 22 the
Commission approved traffic flow and flIe hazard
conditions and the public works department issued a
foundatio.n ~rmit authorizing commencement of
construction.
FN6, Some emphasis in argument is placed
on the fact that the foundation permit did not
contain a height description of the projected
building. It was, however, issued after high
rise zoning clearance had been obtained and
must be construed as authorizing the :flIst
stages of construction of the structure as
planned. For distinctions between the
vesting of rights under permits and under
zoning ordinances generally, see McQuillin,
Munic. Corporations, 3rd ed. rev., Vol. 8,
Sec. 25.133, 25.156-158.
It is uncontroverted that petitioner changed his
position materially and incurred very *435
substantial expense in reliance upon the permission
granted and permit issued by the respondent City. At
a meeting on January 10 the City Commission, upon
motion by a member whose opposing vote had at the
December meeting been overridden, passed an
ordinance rescinding petitioner's permit. Tills
proceeding for injunctive relief ensued, based upon
the theory of equitable estoppel. The record fails to
reflect the course of ultimate disposition of an
independent action instituted on December 21, 1961,
against the respondent City by an association of
(Q 2006 ThomsonfWest. No Claim to Orig. U.S. Govt. Works,
151 So,2d 433
IS 1 So.2d 433
(Cite as: 151 So.2d 433)
apartment ov..rners, but it is clear that petitioner was
not joined by service until after enactment of the
rescinding ordinance contested in this proceeding.
The import of the final decree entered against
petitioner, and the decision afImning same, is that
estoppel does not prevent rescission by the
respondent City because at the time petitioner
obtained his pennit and thereafter he 'had good
reason to believe' the official mind might change
because 'strenuous objection was present and made
!mown, suit was threatened and the political issue
made apparent.' Although petitioner denied personal
!mowledge, the court referred to widespread public
notice that City Commission membership was to be
altered by an election for a post coming vacant early
in January, the campaign being conducted at this time
on the issue of high rise zoning controversy.
ill Aside from petitioner's contention that the record
evidence refutes such notice or !mowledge on his
part, we believe the decision collides with earlier
cases on the basic point of law in question. The law
is clearly established that the doctrine of equitable
estoppel may prevent arbitrary rescission of a permit
by a municipality in such a situation 'as it would be
invoked were [the municipality] an individual.'fl:l1 To
deny application of the doctrine to the facts of this
case on the ground of circumstantial notice that the
'official mind' might change amounts, in our opinion,
to a rejection of the quoted ruling and creates an
irreconcilable conflict of principle. The basic
concepts of equitable estoppel, held by the prior cited
case to be applicable to municipalities as to
individuals, preclude the notion of such instability in
municipal action merely because its business is
conducted through a body whose membership is
subject to change.
FN7, Texas Co. v. Town of Miami Springs,
note 3 supra. 44 So,2d p. 809.
The opinion in the case of Miami Shores Village v.
Wm. N. Brockway Post, 156 Fla. 673,24 So.2d 33,
which respondent regards as controlling in its favor,
does state that one acts at his periJ in relying upon a
building pennit when he is warned by the 'red flags'
of a political contest in which the success of certain
candidates may alter the :voting pattern of the
governing municipal body. While that case might be
distinguished from the one at bar and its conclusion
justified on the basis of a number of factual
differences, FNB we believe that the rule there
pronounced, that an impending change of mrmicipal
Page 3
officers can prevent reliance on an act of the cunent
governing body, is in enor and inconsistent with
precedent condenming arbitrary action by these
public bodies.FN9
FN8. The pennit in that case was issued on
authority of an ordinance granting a use
variance which was enacted without benefit
of an adversary hearing and argument.
Public dispute over such action might in that
situation provide am ore reasonable basis for
inferring notice of impropriety or
unreliability of the variance ordinance and
permit. But to attribute to that decision, as
did the court below, a controlling effect in
the instant case gives rise to additional
decisional.. conflict supporting certiorari
jurisdiction in this Court, Pinkerton-Hays
Lmbr. Co. v, Pope, Fla.1961. 127 So.2d
441: McBumette v, Playground Equip. Co"
Fla,l962, 137 So.2d 563,
FN9, Text treatments of this decision in
relation to the general body of law indicate
some difficulty in reconciling the reasoning
underlying the ruling in that case.
'It is generally held that a building or zoning permit
may be changed or entirely revoked if it becomes
necessary so to change or revoke it in the exercise of
the police power, * * *,
'Once the pennittee's rights have vested, however,
the adoption of an ordinance under which the permit
would not be authorized should not be given a
retroactive effect * * *. Similarly, when the proper
authorities grant a pennit for the erection or alteration
of a structure, after the pennittee has acted on the
faith of the permit and made contracts and incurred
expenses or obligations thereon, he acquires a kind of
property right on which he is entitled to protection;
and the permit cannot be revoked in the absence of
fraud or deceit or other fault on the part of applicant
or in the absence of any public necessity for such
action, although it has been held that the pennit may
be revoked where the elements of equitable estoppel
are not present. [citing the Miami Shores decision]'
62 C.J.S. Municipal Corporations ~ 227(7).
ill Such a permit as that here involved, intentionally
and lawfully issued by the *436 proper municipal
officers, can have no other pUI]Jose than to authorize
action by the permittee in reliance on its tenus.
Notice or Imowledge of mere equivocation
independent of actual infirmities or pending official
action,FNIO cannot in this situation operate to negative
@ 2006 ThomsonfWest. No Claim to Orig. U.S. Govt. Works.
151 So.2d 433
151 So.2d 433
(Cite as: 151 So,2d 433)
Page 4
or prevent reliance on the official act.
FNlO. Sharrow v, City of Dania, note 3
supra.
The effect of pending litigation directly attacking the
validity of a permit or zoning ordinance, or the effect
of an eventual determination that such permit was
invalid, may present a very different problem.llill
The decision in the instant case was not rested on any
showing that petitioner, at the time he acted in
reliance on the permit granted him, was a party
defendant in legal action directly attacking its
validity, that he had any notice that his permit might
have been invalid in its inception, or that its
revocation was in fact required in the public interest.
We conclude consequently that he acted in good faith
and should not be derued the benefit of the estoppel
doctrine upon whicn his complaint is fOlll1ded,
FNll. City of Miami v, State ex reI.
Ergene, Inc" footnote 3 supra,
The decision of the district court is quashed and the
cause is remanded to that court with directions to
enter an order directing the trial court to enter a final
decree consistent with this opinion,
ROBERTS, C. J" and TIIORNAL, O'CONNELL
and CALDWELL, JJ" concur.
Fla. 1963
Sakolsky v. City of Coral Gables
151 So.2d 433
END OF DOCUMENT
@ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works,
VVesHaw
f" ."._~'
546 So,2d 1091
546 So.2d 109],14 Fla. L. Weekly 1496
(Cite as: 546 So.2d 1091)
District Court of Appeal of Florida,Fourth District.
CITY OF MARGA TE, Florida, Appellant,
v.
AMOCO OIL COMPANY, Appellee.
No, 87-0920.
June 21, 1989.
Rehearing Denied July 21, 1989.
Property owner filed application for permit to
construct and operate gasoline service station and
minimart upon parcel of land in zoning district. City
denied permit and passed new ordinances prohibiting
gasoline stations in the zoning district. Property
owner brought action for declaratory and injunctive
relief. The Circuit Court, Broward County, Robert
Lance Andrews, J., entered judgment in favor of
property owner. City appealed. The District Court
of Appeal, Downey, J., held that law in existence at
time of application, rather than law in effect at time
of judgment, applied.
Affmned,
West Headnotes
Zoning and Planning 414 ~235
414 Zoning and Planning
414 V Construction, Operation and Effect
414V(A) In General
414k235 1. Time of Taking Effect;
Retroactive Operation. Most Cited Cases
Law in existence at time of application for permit to
construct and operate gasoline service station and
minimart, rather tban law in effect at time of
judgment, applied in action brougbt by applicant after
city denied application and passed new ordinances
prohibiting gasoline stations in the zoning district;
city illegally denied the permit and then tried to pass
ordinances that would authorize denial, and where
governmental body acts arbitrarily to avoid its duty
by delaying matter so as to effectuate change in law
adverse to the application, it is proper for court to
disregard newly enacted limitations.
*1091 Eugene M. Steinfeld, City Atty., Margate, for
appellant.
Page 1
Glenn N. Smith and John H. Pelzer of Ruden
Barnett, McClosky, Smith, Schuster *1092 &.
Russell, P,A., Fort Lauderdale, for appellee.
ON REHEARlNG
DOWNEY, Judge,
Appellee, Amoco Oil Company (Amoco), applied to
appellant, City of Margate (the City), for a permit to
construct a gasoline service station and mini-mart
upon a parcel of land within the city, which Amoco
held lmder contract. The City denied the requested
permit and Amoco instituted this suit for declaratory
and injunctive relief. From a fmal judgment in favor
. of Amoco, bolding that Margate acted illegally in the
premises, the City has perfected tIus appeal.
The primary issue presented on appeal is whether the
trial court erred in determining tbat the City acted
illegally in denying the permit requested in 1980.
Secondary issues involve the question of what law
applies-the law in existence at the time of the
application or, as the City describes it, "current law,"
whicb we take to mean the law in effect at the time of
the judgment.
The case was tried before the court for approximately
eight days over a ten-month period, after which the
cbancellor entered a very comprehensive, analytical
final judgment, including extensive [mdings of fact
and conclusions of law, which have facilitated our
appellate review. Based on our consideration of tbe
appellate briefs, the exhibits, and the record
generally, we conclude that reversible error has not
been demonstrated,
A brief resume of tbe facts as found by the trial court
reveals that Amoco filed an application for a permit
with the City to construct and operate a gasoline
service station and mini-mart within tbe city in a
zoning district designated "B-2." Both "service
stations" and "filling stations" were permitted uses
within said district; however, pursuant to section
3.18 of the Code, "filling stations" had certain special
conditions, while "service stations" had none.
Among the limitations on the use of the property for
"filling stations" was that sucb use was not permitted
within 750 feet of another plot used as a filling
station nor within 250 feet of any plot used as a
church, playground, hospital, or public scbool.
These limitations were prompted for "filling stations"
as opposed to "service stations" because the former,
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
546 So.2d 1091
546 So.2d 1091, 14 Fla. L. Weekly ]496
(Cite as: 546 So,2d 1091)
by definition, allowed a more intensive use of the
property. For example, a service station was
permitted to dispense at retail only automobile fuels
and oil; whereas, a filling station was authorized to
furnish, in addition, supplies, equipment, and minor
repair services. The latter is defmed in the Code as
"incidental body or fender work, or other minor
repairs, painting or upholstering, replacement of
parts, and motor service to passenger cars and trucks
not exceeding 1 1/2 tons capacity."
Amoco's application was referred to the City
Development Review Committee, which the court
found refused to follow the distinction between
service and filling stations and characterized Amoco's
application as an application for filling station use.
Having taken that position, the committee naturally
applied section 3.18 of the Code and noted that the
site in question was within 250 feet of a commercial
nursery known as The Country Day School, which
had a fenced-in play area. The committee thus
denied approval of the Amoco application because of
the 250 foot playground limitation of section 3,18
and because it violated the platting requirements of
section 3.10,1 of the Code, It is interesting to note
that the evidence showed that this 250 foot limitation
had never been invoked before in a similar situation;
that it was seriously suspected to be constitutionally
flawed because there was no inverse requirement
prohibiting playgrounds from being located in close
proximity to filling stations. Citv of Miami v.
Woo/in, 387 F,2d 893 (5th Cir,1968); Saar v. Town
of Davie, 308 F,SuPP. 207 (S.D,Fla.1969), In
addition, the City dropped the alleged platting
ordinance violation as a ground for denial of the
pennit because it, too, was recognized as probably
unconstitutional and it was subsequently repealed.
Amoco then requested the matter be referred to the
city attorney, who in turn placed it on an agenda to be
considered by *1093 the city commission. After a
hearing, and extensive discussion, the commission
supported the Development Review Committee's
decision and rejected the application. Based upon
the evidence presented, the trial court concluded that
the commission determined that, regardless of the
Code provisions, they did not want a gasoline station
in this locality.lli!
FNI. The court cited the following rather
amusing statement of one of the
commissioners, made during the discussion
of the Amoco application:
"I used to close my eyes and say I wouldn't
Page 2
want it in my backyard, but I would want it
in somebody else's back yard.... but at this
time, it happens when I do close my eyes
and say I wouldn't want it in my 0'0111 back
yard, it is in my back yard. It is around the
comer from me and I say is there any way
possible that tpe land could be sold to some
other kind 0"1 fum or other kind of outfit
besides that? I realize that the zoning B-2
would allow him to put in a filling station
but not a repair shop..., It is a beautiful
comer but this time I have to open my eyes
and go the opposite way and I don't think it
is going to be favorable for putting a station
at this time."
The trial court found that Amoco took no immediate
action to challenge the City's rejection because it
wanted to try to resolve the problem amicably and
avoid litigation with the city in which it would be
operating. Instead, Amoco applied for a rezoning of
the property to a B-3 classification, which would
pennit its contemplated use, When all else seemed
futile, Amoco commenced this suit in July 1982 to
enforce its rights as it envisioned them. The court
found that, after the City originally denied Amoco's
pennit application, it set about to change the Code so
that Amoco's intended use of the property could not
be legally pennitted, Thus, on September 24, 1980,
the City enacted Ordinance 1500.191, which the trial
judge characterized as having the effect of
devastating the Amoco site plan, The new ordinance
abolished the distinction between a service and a
filling station; it eliminated the 250 foot limitation
and amended section 3.18 so that Amoco's site plan
would not comply by increasing the 750 foot
limitation between stations to 1000 feet (Amoco's site
is 962 feet from another station site). It provided
that no station driveway could open on a street 60
feet or less in width. Amoco's plan provided for a
driveway opening on a street exactly 60 feet in width.
Before the amendment, section 3.18 contained no
limitation on the size of streets abutting a station
driveway. Furthermore, the ordinance enlarged the
size of a station plot so that the minimum size is .5
acres. Predictably, Amoco's plot is .46 acres, Then,
on November 5, ]980, the City enacted Ordinance
]500.198, which completely eliminated gas stations
as a permitted use in B-2 districts.
In this case, Amoco attacked the validity of the new
ordinances, ] 500.1 91 and 1500.] 98, because tlley
were not properly enacted since they did not comply
with the publication requirements of section] 66.04],
Florida Statutes, which the trial court held were
(Q 2006 Thomson/West. No Claim to Orig, U.S. Gov!. Works.
546 So.2d 1091
546 So.2d 1091, 14 Fla. L. Weekly 1496
(Cite as: 546 So,2d 1091)
"mandatory and jurisdictional" requirements. The
City thereupon, while this suit was pending, enacted
two additional ordinances, 1500.227 and 1500.244,
on November 16, 1982, which revised the pennitted
uses in the B-2 and B-3 zones and prohibited gasoline
stations and mini-markets in B-2 zones. Thereafter,
the City contended that, regardless of the illegality in
the City's rejection of Amoco's application in the fIrst
instance, the subsequent enactment of Ordinances
1500.227 and 1500.224 controlled Amoco's rights
vis-a-vis the permitted use of this property.
The trial judge expressly stated that he recognized
and was mindful that mumcipal legislation of this
character is entitled to a strong presmnption of
correctness; that the court is not a super-zoning
board and should not substitute its judgment for that-
ofthe City; and that "mere debatability regarding the
rationale for, and the desirability" of, such ordinances
is not sufficient to render them unconstitutional.
Nevertheless, the court concluded that Amoco was
entitled in 1980 to a pennit based on its application
and site plan because it met the municipal code in
existence at the time. He found that the denial of
Amoco's application and the City's subsequent
actions "clearly demonstrate that the City's original
denial of the Amoco site plan was done to gain the
City time to pass new laws which would prevent the
construction of *1094 the Amoco service station on
the property," Therefore, the court found the City
acted "arbitrarily, capriciously, discriminatorily and
illegally" in denying the pennit and, thus, created an
estoppel to enforce the new ordinances which
purported to change the pemritted use of the property
by Amoco, The court relied upon such cases as
Aiken v. E.B. Davis, Inc.. 106 Fla. 675. 143 So. 658
(] 932), Dade County v. Jason. 278 So.2d 3]] (Fla.
3d DCA 1973), and others, to which we would add
Davidson v. Citv or Coral Gables, 119 So.2d 704
(Fla. 3d DCA] 960), cert. discharged, 126 So.2d 739
(Fla.] 961 ).
The City argues that, even though the procedme in
enacting the subsequent ordinances did not
technically confonn to the advertisement
requirements of section ]66.041, the trial court
should not have relied upon the invalidity of the law
absent a vested right/equitable estoppel, citing QJ:EQ[
Fort Pierce v. Davis. 400 So.2d 1242 (Fla. 4th DCA
l21U}. In that case, however, tb..is court simply held
that equitable estoppel would not apply to enjoin the
City from readvertising and holding a public hearing,
etc" to readopt the ordinance in question, which was
void for failure to give the notice. Drrvis is
distinguishable from the instant case because it did
Page 3
not involve an arbitrary and capnclous denial of a
pemlit to construct a lawful use. In Davis. a pemrit
was granted and then a neighbor sought to change the
zoning. In this case, the City illegally denied a
pennit that should have been issued and then tried to
pass ordinances that would authorize a denial. This
evidences bad faith and an avoidance of duty, such
that estoppel should apply. A public body may not
defend its unauthorized actions by subsequently
passing or obtaining authorization. Gulfstream Park
Racing Association, Inc. v. Division of Pari-Mutuel
Wagerine, 407 So.2d 263 (Fla. 3d DCA 1981).
No zoning change was pending at the time of
Amoco's application that would prohibit service
stations on Amoco's site (making Citv of Pompano
Beach v. Yardarm Restaurant. Inc., 509 So.ld ]295
(Fla. 4tll DCA] 987), distinguishable) and, if there is
a fmding of bad faith, or unreasonable refusal; or
delay in an application, then the law at the time of the
application should be applied. Where a
govenunental body acts arbitrarily to avoid its duty
by delaying the matter so as to effectuate a change in
the law adverse to the application, it is proper for the
court to disregard the newly enacted limitations.
Davidson v. Citv or Coral Gables. 119 So.2d 704
(Fla, 3d DCA ]960), As noted by the Third District
Court of Appeal in Dade Countv v. Jason. 278 So.2d
3 11. 313, n. I (Fla, 3d DCA] 978):
If.., action on the application is unreasonably refused
or delayed until after the change has become
effective, or the issuing officer arbitrarily fails to
perform a ministerial duty to issue the license or
permit promptly on an application which conforms to
the law at the time of filing, the courts have held that
the law at the time of filing of the application
controls.
Based upon its fmdings of fact and conclusions of
law, the trial court ordered the City to take
appropriate action to approve Amoco's site and other
plans connected with the intended use of the property
in accordance with city ordinances in effect in March
1980. We affIrm that judgment.
LETTS and STONE, n., concm.
Fla.App. 4 Dist.,1989.
City of Mar gate v, Amoco Oil Co.
546 So.2d 1091,14 Fla. L. Weekly 1496
END OF DOCUMENT
<<d 2006 Thomson/West. No Claim to Orig. U.S. Gov!. Works.
vv€Sfkivv.
~:r:."."'''''''
292 So.2d 58
292 So.2d 58
(Cite as: 292 So.2d 58)
District Court of Appeal of Florida, Second District.
CITY OF NAPLES, a municipal corporation located
in the State of Florida, and Anders B. Sandquist, as
director of the City of Naples Building and Zoning
Department, Appellants,
v.
Robert R. CRANS, Appellee.
No. 73-609,
March 27, 1974.
Action in mandamus to compel city council to issue
building permit. The Circuit Court for Collier
County, John T, Rose, Jr., 1., entered a peremptory
writ of mandamus and appeal was taken. The
District Court of Appeal, Boardman, J" held that the
action of city in assuring that a building moratorium
would have no effect on issuance of permit thereby
causing applicant to materially change his position
equitably estopped city from denying a permit.
Affirmed,
West Headnotes
ill Zoning and Planning 414 ~378,1
414 Zoning and Planning
4 1 4 VIII Permits, Certificates and Approvals
414VUI(A) In General
4l4k378 Grounds for Grant or Denial
4l4k378.l k. In General. Most Cited
Cases
(Formerly 4l4k378)
Where a municipal ordinance regulating height of
structures in vicinity of airport merely required
compliance with department of transportation
requirements and did not provide for the obtaining of
a pennit from department as a condition precedent to
issuance of a building permit, city lacked standing to
assert department's rights to require a permit as basis
for refusing issuance of building permit.
ill Zoning and Planning 414 ~468.1
ill Zoning and Planning
414VIII Pennits, Certificates and Approvals
4 I 4 VJIJ (D) Effect of Determination;
Revocation
Page 1
414k468 Revocation or Modification
414k468.1 k. In General. Most Cited
Cases
(Formerly 414k468)
Municipality may be equitably estopped from
rescinding a building permit once it is issued.
ill Zoning and Planning 414 ~377
414 Zoning and Planning
41 4 VIII Permits, Certificates and Approvals
414 VIII( A) In General
4l4k377 k. Estoppel to Claim or Oppose.
Most Cited Cases
Action of city indicating that 90-day moratorium on
multifamily structures would have no effect on
issuance of permit for construction of multistory
restaurant caused applicant to materially change his
position and incurred extensive fmancial obligations
and expenses, and court was justified in finding that
city was equitably estopped from denying building
permit to applicant who had otherwise complied with
zoning ordinance.
*58 Charles K. Allan, City Atty" Naples, for
appellants,
Georg'e Vega, Jr. of Carroll, Vega, Brown & Nichols,
Naples, for appellee.
Geoffrey B. Dobson, Gen. Counsel, and Barbara Ann
Dell McPherson, counsel, State of Florida, Dept. of
Transp., Tallahassee, amicus curiae.
BOARDMAN, Judge.
Appellee, Crans, filed application for and obtained a
foundation building permit in July, 1972, from
appellant, City of Naples (City). In December, 1972,
fmal plans were submitted to the Building
Department. In January, 1973, these plans, which
had been approved by the Restaurant COIIUIllssion
and the Pollution Control Commission, were
approved, with some modifications, and the City
agreed to issue a building permit upon compliance
with Department of Transportation (DOT) height
requirements, (The proposed multistory structure
was to be located near the City's airpOli's glide path).
On March 2, 1973, the City Council passed
Ordinance #1866 declaring a 90-day moratorium on
all multifamily construction, Crans' attorney and
contractor each contacted the Building and Zoning
<1:> 2006 Thomson/West. No Claim to Orig. U,S, Govt. Works.
292 So.2d 58
292 So.2d 58
(Cite liS: 292 So,2d 58)
Administrator for the City of Naples to detemrine the
effect of the moratorium on their project. Both were
told since the plans had complied with the City's
requirements before the moratorium a permit would
be issued as soon as they complied with DOT
regulations. Another organization, the Boulevard
Club, was in fact issued a pennit*59 after the
moratorium based on their qualification prior to the
effective date of the moratorium.
In reliance on the statements of the administrator,
Crans proceeded to attempt to obtain DOT and FAA
approval. Subsequently, Crans applied for a building
permit and was turned down. He then filed petition
for writ of mandamus to compel the issuance of the
permit. Final judgment on the peremptory writ of
mandamus was entered by the trial co).l1i in favor of
Crans based on a fmding that the City was equitably
estopped from denying the pennit. Timely appeal
followed,
On appeal the propriety of the writ was questioned on
the grounds that Crans had not obtained the necessary
permit from DOT, This issue was raised in an
Amicus Curiae Brief of the DOT. The DOT denied
the existence of a permit and stated that Crans '. , ,
should demonstrate at least a reasonable probability
of obtaining approval. ..,. in order to be entitled to
relief, We temporarily relinquished jurisdiction to
the trial court for a detennination of this question.
After an adversary proceeding in the trial court, it
was determined that Crans was in compliance with
FAA and DOT regulations on April 18, 1973. The
transcript reveals that Crans was in compliance with
D.OT requirements on March 29, 1973, but was
refused a permit through an inadvertent error.
ill We have reviewed the city's zoning regulations,
including the ordinance regulating and restricting the
height of structures in the vicinity of the Naples
Airport (Ordinance No. 1538). We fmd therein no
requirement providing for a DOT permit to be
obtained as a condition precedent to the issuance of a
building permit. As we read Section IX of Ordinance
No. 1538, it requires Compliance only with DOT
requirements. The prosecution for failure to obtain a
DOT permit, therefore, appears to be reserved to that
agency. The city lacks standing to assert the agency's
rights.
Crans filed his petition for writ of mandamus on May
l, 1973. At that time he was clearly entitled to the
relief prayed for upon satisfying the trial cOUl1 of the
merits of his cause. Consequently the court was
within its jurisdiction in granting the writ.
Page 2
ill There is no question but that a municipality may
be equitably estopped from rescinding a building
pe11Y'jt once it has been issued, Sakolsky v. City of
Coral Gables, Fla.1963, 151 So.2d 433. In City of
North Miami v. Margulies. Fla.App.3rd, 1974, 289
So.2d 424 (opinion filed January 22, 1974), it was
established that a city can be equitably estopped from
denying a building pennit where extensive fmancial
obligations have been incurred in reliance upon the
zoning of property and the issuance of a conditional
use pelnTIt.
ill The action of the City here, indicating that the
moratorium would have no effect upon the issuance
of a permit, caused Crans to materially change his
position:.He incurred extensive fmancial obligations
and expenses. Accordingly, the trial judge was
justified in fmding that the city was equitably
estopped from denying a building pennit to Crans.
We have considered the voluminous record, all points
in the briefs and argument of counsel in the light of
controlling principles ofIaw, and have concluded that
the trial court's fmdings are supported by substantial,
competent evidence.
AffIrmed.
McNULTY, A.C.J., and McGREGOR, ROBERT B.,
Associate Judge, concur.
Fla.App. 1974.
City of Naples v, Crans
292 So,2d 58
END OF DOCUMENT
cg 2006 Thomson/West. No Claim to Orig. U.S. Govi. Works,
~-
We~tlaw
387 So.2d 389
387 So.2d 389
(Cite as: 387 So,2d 389)
District Court of Appeal of Florida, Fourth District.
CITY OF CORAL SPRINGS, Appellant,
v.
BROW ARD COUNTY, a political subdivision of the
State of Florida, Appellee.
No, 79-334,
July 9, 1980.
Rehearing Denied Sept. 25, 1980.
City appealed from a judgment of the Circuit Court, .
Broward County, George Richardson, Jr., J., which
denied its right to foreclose upon certain property
owned by county for an unpaid sewer line
assessment. The District Court of Appeal, Anstead,
J" held that where city employee who was
specifically authorized to supply lien information for
purpose requested by county and was specifically
advised of this pllIJ'ose, told county employee that
there were no liens or claims by the city of any kind
against subject property, city was estopped to enforce
its lien by foreclosing upon the property owned by
county for unpaid sewer line assessment.
Judgment affmned.
West Headnotes
ill Estoppel 156 ~62.1
156 Estoppel
156III Equitable Estoppel
1 56III(A ) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.1 k. In General. Most Cited
Cases
To justify claim of estoppel against governmental
body, there must be representation by party estopped
to the party claiming estoppel as to some material
fact, reliance upon representation by the party
claiming the estoppel, and change in such party's
position caused by his reliance upon the
representation to his detriment; act on which
aggrieved party relied must be one on which he had
right to rely.
ill Estoppel 156 ~62.4
Page I
156 Estoppel
I 56IIl Equitable Estoppel
1 56IlI(A) Nature and Essentials in General
156k62 Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
Doctrine of equitable estoppel may be invoked
against municipality in the same manner as an
individual.
ill Estoppel 156 ~62.4
156 Estoppel
156III Equitable Estoppel
1 56III(A) Nature and Essentials in General
1 56k62 , Estoppel Against Public,
Government, or Public Officers
156k62.4 k. Municipal Corporations in
General. Most Cited Cases
Where city employee who was specifically
authorized to supply lien information for purpose
requested by county and was specifically advised of
this pllIJ'ose, told county employee that there were no
liens or claims by city of any kind against subject
property, city was estopped to enforce its lien by
foreclosing upon the property owned by the county
for unpaid sewer line assessment.
*389 Paul J, McDonough, Coral Springs, for
appellant.
William Robert Leonard of Coleman, Leonard &
Morrison, Fort Lauderdale, for appellee.
ANSTEAD, Judge,
This is an appeal from a final judgment denying the
City of Coral Springs' right to foreclose upon certain
property owned by Broward County for an unpaid
sewer line assessment. At issue is whether the City
was estopped to enforce its lien by virtue of mistaken
infonnation conveyed to the county by an employee
in the City's [mance department.
To establish the defense of equitable estoppel, the
County called Daphne Wright, a fonner employee.
She testified that upon instructions from her superior,
she telephoned and spoke directly to the clerk of the
City of Coral Springs. She gave a detailed
explanation of the purpose of her call, and then was
transfened to another department or employee. It
(Q 2006 Thomson/West. No Claim to Oligo U.S. Govt. Works.
/.,A,
387 So.2d 389
387 So.2d 389
(Cite as: 387 So,2d 389)
was this second employee who gave the information
which was ultimately relied and acted upon. The
court also adrrlitted an affidavit into evidence which
Mrs. Wright had executed earlier which states:
On August 6, 1974, I telephoned the Coral Springs
City Clerk's Office. The City Clerk, Mrs. Catherine
McGarity, answered the phone. I identified myself
and advised her I was calling on behalf of the County
to inquire of the City of Coral Springs about any
unpaid taxes or liens by the City against Lots 7 and 8,
Block A, *390 Greater Coral Springs Research and
Development Park Addition, same being 7.1/2 ac. at
Sample Road and N.W. 127 Avenue in Coral
Springs, owned by Naples Twin Lakes, Inc., because
the County was negotiating with the owners to
purchase said site,
The Clerk, Mrs. McGarity, advised me to hold the
phone, that she would transfer the call to "Finance",
and that Peggy Day would look it up and answer my
inquiry. Thereupon, I spoke to Finance Dept. and a
lady, whom I presumed to be Mrs, Day, spoke to me.
I repeated the purpose of my call to this lady,
identified the land parcel and the owner, and she
requested me to hold the phone while she checked the
records to determine what taxes, claims or liens the
City had, if any, of record against either Naples Twin
Lakes, Inc., or the subject parcel of land, Shortly
thereafter she reported to me: "No, there are no liens
of any kind, nothing in the City records showing any
liens, assessments or unpaid taxes, mowing liens,
water standby or any claims by the City of any kind,"
She further stated any sewer assessments due were
included in the purchase price to original owners or
first purchasers from original owners. I advised her
that Mr. Mer! Richman, President of Naples Twin
Lakes, lnc, had advised us that he had applied for a
building pennit. to erect warehouses on the property
and asked if she knew whether he had "pulled" the
pemrit. She said she did not know, because that
would be handled by the Building Dept. She said she
did not know anything about Naples Twin Lakes, Inc,
or MerI Richman.
In addition to the testimony of Mrs, Wright, Peggy
Day, an employee of the [mance department, testified
that it was part of her regular duties to furnish
infonnation as to sewage assessment liens, but that
she could not recall the specific conversation in
question, and it was her usual practice to take
infonnation from callers and return the call later or
respond by mail.
IlJ.UJ To justify a claim of estoppel against a
governmental body, there must be (1) a
representation by tbe paJiy estopped to the party
Page 2
claiming estoppel as to some material fact; (2) a
reliance upon the representation by the party claiming
the estoppel; and (3) a change in such party's position
caused by his reliance upon the representation to his
detriment. Department of Revenue v. Hobbs, 368
So.2d 367 (Fla. I st DCA 1979), appeal disrrlissed 378
So.2d 345 (Fla, 1979). The act on which the
aggIieved party relied must be one on which he had a
right to rely. Greenhut Construction Company, Inc.
v. Henrv A. Knott, Inc.. 247 So.2d 517 (Fla. I st DCA
I 97 I ). The doctrine of equitable estoppel may be
invoked against a municipality in the same manner as
an individual. Enderby v. City of Sunrise, 376 So.2d
444 (Fla. 4th DCA 1979).
ill In Enderby, supra, we stated;
There is no question that the doctrine of equitable
estoppel may be invoked against a municipality as if
it were an individual. Hollywood Beach Hotel Co. v.
City of Hollywood, 329 So.2d 10 (Fla. 1976),
Historically, however, the doctrine has not been
applied against a municipality when the action upon
which the individual relies has been unauthorized or
unlawful, Id. at 445
We believe the evidence of estoppel presented in this
case was sufficient to meet the criteria set out in the
cases cited, supra. ln particular we note that the
evidence relied on by the county indicates that the
city employee was specifically authorized to supply
lien information for the purpose requested by the
county, and in addition, she was specifically advised
of this purpose. Under these circumstances, and
unlike the factual situation involved in Enderby,
supra, we believe the action of the municipal
employee here was shown to be both lawful and
authorized.
Accordingly, the judgment of the trial court is hereby
affirmed,
LETTS, C. J" and HURLEY, J" concur,
Fla.App., 1980.
City of Coral Springs v. Broward County
387 So.2d 389
END OF DOCUMENT
(Q 2006 Thomson/YVest. No Claim to Orig. U.S. Govt. Works.
w~aavv;
.~:"..,....."
418 So.2d 367
418 So.2d 367
(Cite as: 418 So.2d 367)
District Court of Appeal of Florida,Third District.
CITY OF CORAL GABLES, a municipal
corporation organized and existing under the laws of
the State of Florida, and Frank and Juliann Bishop,
Appellants,
v.
Jose PUIGGROS, Appellee,
No, 81-1260,
Aug. 17, 1982,
Building owner filed suit to compel city to issue
building permit for construction of single-family
residence on platted lot with 50-foot frontage. The
Circuit Court, Dade County, Harold G. Featherstone,
J" rendered summary judgment holding that city was
equitably estopped to deny owner right to erect such
structure, and city appealed, The District Court of
Appeal, 376 So.2d 281. reversed and remanded with
directions. After remand, the Circuit Court, Dade
County, Lenore C. Nesbitt, 1., again entered
judgment holding that city was equitably estopped to
deny property owner relief after property owner
purchased property and later expended funds in
reliance upon assurance from city that building
permit could be issued, and in alternative, that
pertinent code restriction did not apply to property
owner's property or conduct, and city appealed. The
District Court of Appeal held that city was equitably
estopped from changing its position and seeking to
withdraw previously granted pennit.
AffIrmed.
West Headnotes
Zoning and Planning 414 ~762
414 Zoning and Plannirig
414XI Enforcement of Regulations
414XI(A) In General
414k762 k. Defenses to Enforcement. Most
Cited Cases -
Where city's original grant of a building penllit could
not be attributed solely to property owner's conduct,
but equally to conduct of city's own representatives,
and, property owner relied to his detriment in acting
upon city's assurances and decisions, city was
equitably estopped from changing its position and
Page 1
seeking to withdraw previously granted permit.
*367 Robert D. Zahner, Coral Gables, Podhurst,
Orseck, Parks, Josefsberg, Eaton, Meadow & Olin
and Joel S. Perwin, Miami, for appellants.
Aronovitz & Weksler and Bernard B. Weksler,
Miami, for appellee,
Before BARKDULL, HENDRY and BASKIN, J],
PER CURIAM,
Appellant City of Coral Gables, defendant below, and
the Bishops, defendants-intervenors below, appeal
from a final judgment in favor of plaintiff-appellee
Puiggros in the latter's suit contesting the city's denial
of a building permit for a residence on his property.
The facts giving rise to the controversy are fully set
forth in a prior appeal in this litigation, City of Coral
Gables v. Pui'lf?J'os. 376 So.2d 281 (Fla, 3d DCA
1979), in which this court reversed a fmal summary
judgment which had been rendered in favor of
Puiggros on equitable estoppel grounds, and
remanded the case to the trial court, holding that the
record below raised certain issues which precluded a
fmding of equitable estoppel as a matter of law. The
issues to be resolved, this court held, were as follows:
(1) whether the structure on Lot 27 which was
removed by Puiggros was in fact a part of a building
"constructed on a building site containing two or
more platted fifty (50) foot lots," which, under ~
8.02 of the city zoning code, prevented a later
reduction of that ''building site,"
(2) whether the city's initial decision to grant
Puiggros a building permit was based upon a material
mistake of fact concerning the existence of the
demolished structure on Lots 27 and 28, which
would, if known, have justified a different
determination as to the applicability of ~ 8.02, and
(3) whether the city's initial decision granting the
building permit was induced *368 by Puiggros' own
act of withholding information concerning the razing
of the former structure-thus, in effect, estopping him
from claiming the benefit of an estoppel against the
city.
Upon remand a comprehensive fmal judgment was
again entered in favor of Puiggros. The trial court
held the city equitably estopped to deny Puiggros
(Q 2006 Thol11sonN/est. No Claim to Orig, U,S. Govt. Works.
~._~
418 So.2d 367
418 So.2d 367
(Cite as: 418 So,2d 367)
Page 2
relief after he purchased the property and later
expended funds in reliance upon assurances from the
city that a building pennit could be issued, and in the
alternative, that the pertinent code restriction did not
apply to Puiggros' property or conduct.
We have reviewed the cowi's fmdings of fact and
conclusions of law and hold that the three issues the
disposition of which justified remand have now been
resolved. The court below found, inter alia, that (1)
any mistakes which occurred prior to the September
'I2, 1977 zoning board decision were caused equally
by the city, its zoning officials, Puiggros and
Puiggros' neighbors, all of whom were in a more or
less equal position to discover the truth; (2) the
relevant zoning provision does not clearly apply to
the specific facts of this case; (3) the city's original
grant of the building pennit could not be attributed
solely to Puiggros' conduct, but equally to the
conduct of its own representatives, and finally; (4)
Puiggros relied to his detriment in actrng upon the
city's assurances and decisions, and the city was
equitably estopped fn:Jm changing its position and
seeking to withdraw the previously-granted pennit.
We have carefully considered these conclusions and
fmd that they satisfy the doubts expressed in our prior
decision, Other issues raised by the appellants need
not be reached because, as was stated in our prior
decision, judgment for Puiggros is justified on
equitable estoppel grounds. Accordingly, the fmal
judgment is
AFFIRMED.
Fla.App.3 Dist.,1982.
City of Coral Gables v. Puiggros
418 So,2d 367
END OF DOCUMENT
(Q 2006 Thomson/West, No Claim to Orig. V,S. Govt. Works.
,..
--t..
MEMORANDUM
The proposed structure conforms to all relevant Land
Development regulations and is compatible with the Del-Ida
Historic Neighborhood Plan.
For the reasons set forth below, the Certificate of Appropriateness ("COA")
for the construction of a single-family home located on 527 North Swinton Avenue
must be approved.
According to the City's published list of Historic Districts, the Del-Ida Historic
District's ("District") main architectural styles are Mediterranean Revival and
Craftsman Bungalow. The district has 47 enumerated contributing structures out of
a total of 151 structures. The house at 527 North Swinton Avenue is NOT one of the
enumerated contributing structures. The main feature of this District is its "unique,
diagonal street pattern with curvilinear corners creating triangular blocks with varying
street frontages." A copy of the District summary is attached hereto as Exhibit "A"
and is incorporated herein as if fully set forth.
The current structure (the "Current Structure") is designed in a Minimal
Traditional style, which does not conform to any style featured within the District, An
excerpt from the City of Delray Beach Historic Preservation Guidelines
("Guidelines") defining the various architectural styles within the City is attached as
Exhibit "8" and is incorporated herein as if fully set forth. Further, the only reliable
records show its construction in 1958. No significant person or event is connected
with this property. No unusual or distinctive architecture is illustrated by this
structure. It was not designed by an architect of note. This is simply one
anonymous structure among many, and nothing valuable, historically or
architecturally, is gained by its retention.
The City of Delray Beach ("City") has specific regulations which control the
development or redevelopment of parcels within historic districts. Land Development
Regulation 4.5.1 (E)(8) lists eleven (11) criteria which must be met. A full and
complete copy of the LOR is attached as Exhibit "e" and is incorporated herein as
if fully set forth. The plans and specifications for the proposed house (the "Proposed
House") were made part of the record at a public hearing before the Historical
Preservation Board held May 17, 2006 and a summary of the important
specifications are attached as Exhibit "D." The Proposed House meets all criteria.
. Height - The Proposed House is two stories in height. This is
compatible with the district in that there are several two-story homes
within the district, including the property immediately adjacent.
. Front Fa<,;:ade Proportion - The fa<,;:ade has elements of both the
Mediterranean Revival and Craftsman Bungalow so as to be visually
compatible with the district and is in proportion to the structure itself.
It is no wider than the current structure it is replacing.
0:\CORE002\memorandum compatability July 10, 2006,doc - 1 -
'-"1\~~ ~~ ~ ~,,~\ ~~
'::L~~~
.-
. Proportion of Openings --- The windows on the proposed building
are in keeping with the Craftsman Bungalow style. These create a
look which is similar to the pictures used on page 23 of the
Guidelines as examples of the Bungalow style. The windows are
also designed to match several examples throughout the historic
district.
. Rhythm of Solids to Voids - Under the direction of the City, the
property owner has created breaks in the wall planes and roof lines
so as to be compatible with the historic district.
. Rhythm of Buildings on Streets - This property is on the edge of the
Historic District. There is also a large-scale home immediately
adjacent to this property. The Proposed House, while keeping within
the historic requirements, is also in scale with the remainder of the
street. Anything smaller is dwarfed in comparison and will not
promote a harmonious streetscape,
. Rhythm of Entrance and/or Porch Projections -- The porch is
designed to conform both to the Mediterranean Revival style with the
use of archways and the Bungalow style with the use of natural
materials and knee walls. It is also in scale with other structures
within the district.
. Relationship of Materials, Texture and Color - The materials
proposed are widely used in the Del-Ida District, including the
hardiplank siding, stucco and the use of neutral colors.
. Roof Shapes - The roof line has been modified to conform to the
district and specifically the surrounding properties, at the request of
the Historic Planning Board,
. Walls of Continuity --- This element does not apply as it is not related
to any other structure along the streetscape.
. Scale of a Building - This Proposed House is well in keeping with
the scale of other structures within the district. For example, the
structure at 10 N.E. 6th Street is 2,445 square feet, the building at
105 N.E. 7th Street is 3,276 square feet, 110 N.E. ih Street is 2,539
square feet and the building at 515 North Swinton Avenue is 2,454
square feet. All of these structures were built between 1925 and
1940. These structures are within the historic district and are of a
greater mass and scale to this property.
. Directional Expression of Front Elevation -- The front elevation of
the Proposed House facess west, being visually compatible with the
other homes on the Swinton Avenue in its directional character.
0:\CORE002\memorandum compatability July 10, 2006.doc - 2 -
This proposal will eliminate a blighted, non-contributing structure and replace
it with a structure which embodies the architectural goals and styles which make the
Del-Ida neighborhood special. The property owner has complied with all relevant
codes and regulations, This application must be approved.
O:\CORE002\memorandum compatability July 10, 2006.doc - 3 -
Historic Districts I The City ofDelr;ur Beach
Page 1 of2
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City Home> Departments> Planning and Zoning> Historic Preservation> Historic Districts
There are five Historic Districts listed in the Local Register of
Historic Places.
. Old School Square Historic District
Situated in the original geographic center of town, this fifteen block district features 176
structures, of which 101 are contributing (50 years old or older) buildings. The district
provides the initial footprint for the settlement and development of the town, Every Pre-
World War I and II Vernacular architectural style in the City can be found here. Rezoned for
mixed use in 1990, Old School Square Historic District is proof that adaptive reuse 01
historic buildings increases the economic feasibility of restoring many of the town's most
significant buildings, MAP - OSSHAD.pdf (179KB)
. Nassau Park Historic District
Seventeen one and two story Cape Cod Colonial Revival cottages comprise this oceanside
district. Platted in 1935, the district recalls the prosperity, pleasure, and style. which was
the essence of the 1930s resort life in the City. The scale, dimension, and proportion 01
these modest homes are irreplaceable. Distinctive horizontal clapboard siding with multi-
paned windows and elaborate dOOlways define these classic cottages. MAP -
NASSAU.pdf (150KB)
. Del-Ida Park Historic District
The district consists of 58 acres containing 151 structures. With a total of 47 contributing
buildings in the Mediterranean Revival style and Craftsman Bungalow designs. this
residential neighborhood was platted in 1923. One of Delray's first planned developments;
the district features a unique, diagonal street pattern with curvilinear corners creating
triangular blocks with varying street frontages. MAP - DEL IDA PARK,pdf (143KB)
. Marina Historic District
Situated on the Intracoastal Waterway and built around the town's City Marina, the district
displays a variety of architectural styles. Streamline Moderne, Colonial Revival,
Mediterranean Revival, and Bungalows blend with the distinctive sub-tropical landscape.
With its narrow and shaded streets, and the City Marina as a focal point. this is the town's
most pedestrian oriented neighborhood. The district contains 96 buildings of which 51 are
contributing. MAP - MARINApdf (164KB)
. West Settlers Historic District
The West Settlers Historic District has a high threshold of historical significance. It is
culturally meaningful for its association with the pioneering African-American families who
helped settle the City. Education and religion were the two most important institutions in the
http://www.mydelraybeach.com/Delray /Departments/Planning+and+ Zoning/Historic+ Preservation!". 7 /8/2006
Historic Districts I The City of Delr.<U1 Beach
Page 2 of2
early days of the neighborhood. A school, three churches, and a Masonic Lodge were all
established within the West Settlers Historic District between 1895 and 1920. The district
contains 53 structures, 23 of which have historic status. MAP - WEST SETTLERS,pdf
(134KB)
. VICINITY MAP.pdf (289KB)
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ARTICLE 4.5
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not establish uses or categorize uses. These
Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts
of such uses upon the natural or man-made environment; or regulate development so
as to mitigate potential dangers to the use of such developed land, or to otherwise
implement policies and objectives of the Comprehensive Plan. Overlay and
environmental management districts need not be shown on the Official Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in the original enactment of
Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for
the identification, preseNation, protection, enhancement, perpetuation, and the use of
districts, archeological sites, buildings, structures, improvements, and appurtenances
that are reminders of past eras, events, and persons important in local, state, and
national history; that provide significant examples of architectural styles of the past; that
are unique and irreplaceable assets to the City and its neighborhoods; or that provide
this and future generations with examples of the physical surroundings in which past
generations lived; and other purposes.
(8) Criteria for Desianation of Historic Sites or Districts:
(1) To qualify as a historic site, or historic district, or historic interior, individual
properties, structures, sites, or buildings, or groups of properties, structures, sites, or
buildings must have significant character, interest, or value as part of the historical,
cultural, aesthetic, and architectural heritage of the city, state, or nation, To qualify as a
historic site or historic district, the property or properties must fulfill one or more of the
criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior
must fulfill one or more of the criteria set forth in division (2) and meet the criteria set
forth in divisions (3)(b) and (3)(d).
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a major
person important in city, state, or national history (for example, the
homestead of a local founding family);
(b) Is the site of a historic event with significant effect upon the city, state,
or nation;
(c) Is associated in a significant way with a major historic event, whether
cultural, economic, social, military, or political;
4.5 -1
SEe. .0N 4.5.1 (B) (2) (d)
(d) Exemplifies the historical, political, cultural, economic, or social trends
of the community in history; or,
(e) Is associated in a significant way with a past or continuing institution
which has contributed substantially to the life of the city.
(3) A building, structure, site, or district is deemed to have architectural or
aesthetic significance if it fulfills one or more of the following criteria; except that to
qualify as a historic interior, the interior must meet the criteria contained within divisions
(3)(b) and (3)(d):
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles;
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction;
(c) Is a historic or outstanding work of a prominent architect, designer,
landscape architect, or builder; or
(d) Contains elements of design, detail, material, or craftsmanship of
outstanding quality or which represented, in its time, a significant
innovation or adaptation to the South Florida environment.
(4) A building, structure, site, interior, or district will be deemed to have historic
significance if, in addition to or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic development standards as defined by
and listed in the regulations of and criteria for the National Register of Historic Places,
as prepared by the United States Department of the interior under the Historic
Preservation Act of 1966, as amended. A copy of these standards for the National
Register is made part of this section as if fully set forth herein.
(C) Desianation Procedures:
(1) Buildings, structures, archaeological sites, or districts which meet the
criteria for historic sites or districts set forth in Section 4,5.1 (B) may be designated as
historic sites or districts, and may be listed on the Local Register of Historic Places,
(2) Nominations for historical site or district designation shall be made to the
Historic Preservation Board on an application form developed and approved by the
Board,
(a) Nominations for historic site status may be initiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
4.5 - 2
SECTIc'.. 4.5.1 (C) (2) (a) (3)
(3) The property owner,
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information
provided on each nomination application to determine if it generally conforms with
historic status criteria, The Board shall then prepare a designation report which shall
contain the following: [Amd. Ord. 30-91 3/26/91]
(a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30-91 3/26/91]
(b) any proposed conditional zoning regulations designed to replace or
complement existing zoning regulations with regard to, but not limited
to use, floor area, density, height, setbacks, parking, and minimum lot
size; [Amd. Ord. 30-91 3/26/91]
(c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30-91 3/26/91]
(d) analysis of optional historic interiors for those buildings and structures
with interior features of exceptional architectural, aesthetic, artistic, or
historic significance. [Amd. Ord. 30-91 3/26/91]
(4) Upon completion and formal review of the report, the Board shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten days prior to the hearing by regular mail.
Additional notice shall be given in the same manner as provided for a rezoning action
[see Section 2.4.2(B)(1 )(b)] and by notice published in the newspaper at least ten days
prior to the hearing, provided, however, posting pursuant to 2.4,2(B)(1 )(b) is not
required. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 30-91 3/26/91]
DELETED (5) AND RENUMBERED [Amd. Ord. 24-05 4/19/05]
(5) After conducting the public hearing, if the Historic Preservation Board finds
that the nomination fulfills the proper designation criteria and all procedures have been
followed correctly, it shall vote on the designation, A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the
Board's findings to the City Commission, The City Commission shall consider the
recommendation through its standard ordinance adoption procedures, except that at
4.5 - 3
S.';TION 4.5.1 (C) (5)
least three affirmative votes of the City Commission is necessary to make a
designation. In the event that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super majority vote of four votes.
[Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(6) After conducting the public hearing, if the Historic Preservation Board does
not find that the request fills the criteria, no further action will be required and the
request will be deemed denied. However, an appeal may be filed and processed
pursuant to Section 2.4,7(E), [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(7) The Board will issue an official "certificate of historic significance" to the
owner of properties listed individually on the local historic register or judged as
contributing to the character of a historic district listed on the local historic register. The
Director acting as City Preservation Officer, or his appointee, is authorized to issue and
place official signs denoting the geographic boundaries of each historic district listed in
the local historic register. [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
(D) Review and Approval Procedures: Once property is placed within a Historic
District or designated as a Historic Site no development order shall be issued without
first obtaining a Certificate of Appropriateness (C,O.A.) pursuant to Section 2.4.6(J)
from the Historic Preservation Board. Obtaining a C,O,A. is required in addition to any
other process which is required for the development application,
(E) Development Standards:
(1) For the purpose of this Section, exterior architectural features will include,
but not be limited to the following:
(a) The architectural style, scale, general design, and general arrangement
of the structure's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(2) The following shall only be moved, reconstructed, altered, or maintained, in
accordance with this chapter, in a manner that will preserve the historical and
architectural character of the building, structure, site, or district:
(a) Buildings, structures, and appurtenances.
(b) "APPURTENANCES" includes, but is not limited to, stone walls,
fences, light fixtures, steps, paving, sidewalks, and signs.
4.5 - 4
t,~CTION 4.5.1 (E) (3)
(3) In considering proposals for alterations to the exterior of historic buildings
and structures and in applying development and preservation standards, the
documented, original design of the building may be considered, among other factors.
(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 the Interior's
Standards for Rehabilitation, as amended from time to time.
(5) Relocation of historic buildings and structures to other sites shall not take
place unless it is shown that their preservation on their existing or original sites is not
consistent with the purposes of this Section or would cause undue economic hardship
to the property owner.
(6) Demolition of historic sites, archaeological sites, or buildings, structures,
improvements, and appurtenances within historic districts will be regulated by the
Historic Preservation Board in the manner described in Subsection (F),
(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.
(8) All improvements to buildings, structures, and appurtenances within a
designated historic district shall be visually compatible, Visual compatibility shall be
determined in terms of the following criteria:
(a) Height: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of existing
structures and buildings.
(b) Front Facade Proportion: The front facade 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.
(c) Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visually compatible with the
openings exemplified by the prevailing historic architectural styles
4.5 - 5
SEL . ~ON 4.5.1 (E) (8) (e)
within the district. The relationship of the width of windows and doors
to the height of windows and doors among buildings within the district
shall be visually compatible.
(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 Buildinas 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.
(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.
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a building shall be visually
compatible with the predominant materials used in the historic sites,
buildings, and structures within a historic district.
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building, or
structure within a historic district.
(i) Walls of Continuity: Appearances of a building or structure such as
walls, wrought iron, fences, evergreen landscape masses, or building
facades, shall form cohesive walls of enclosure along a street to insure
visual compatibility of the building to historic buildings, structures, or
sites to which it is visually related,
U) 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.
(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.
4.5 - 6
~ .CTION 4.5.1 (E) (9)
(9) Visual compatibility standards will be further discussed in greater detail in
the Delrav Beach Preservation and Conservation Manual. Said Manual will be
developed as a guide to assist property owners as they seek to nominate their
properties for designation as a historic site or to designate an area within the city as a
historic district.
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first receiving a Certificate of Appropriateness
for that purpose, The Historic Preservation Board shall be guided by the following in
considering such a request.
(1) The Historic Preservation Board upon a request for demolition by a
property owner, shall consider the following guidelines in evaluating applications for a
certificate of appropriateness for demolition of designated historic sites, historic
interiors, or buildings, structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national
register.
(b) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
(e) Whether there are definite plans for immediate reuse of the property if
the proposed demolition is carried out, and what effect those plans will
have on the character of the surrounding area.
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such
hardship in accordance with the definition of undue economic hardship found in
Subsection (H),
(3) The Board's refusal to grant a Certificate of Appropriateness requested by
a property owner for the purpose of demolition will be supported by a written statement
describing the public interest that the Board seeks to preserve,
4.5 -7
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Important Specifications
. Height
25'6"
Second story recessed
Second story only 696 square feet
. Total 2,548 AC total square feet
. 3,148 total square feet
--
~'.....
MEMORANDUM
The present structure at 527 N. Swinton Avenue may be
demolished under the applicable laws, guidelines and rules.
The City of Delray Beach Planning and Zoning website (the 'Website Page")
states that a property is considered "historic" by the City of Delray Beach ("City") if it
is at least fifty years old and holds significance for its historical associations with a
person, event, or trend in local, State, or National history or for its distinguished
architectural merits including unique craftsmanship, materials, artistic value, or is the
work of an architectural master (the 'Website Page"), The Website Page is not an
ordinance, law, or any other pronouncement of any official nature. Importantly, the
"50 Year Rule" is not mentioned in any legally adopted ordinance, though it is
mentioned in certain materials, Please see Exhibit "A" for a copy of the Website
Page. However, even if the "50 Year Rule" had some merit, the structure must meet
additional criteria in order to be considered "historic."
In the instant case, we stand by the proposition that the "50 Year Rule" is not
dispositive on this issue. Other structures in historic neighborhoods more than fifty
(50) years old have been demolished. In any event, there is much debate as to
whether this structure is in fact fifty (50) years old, Even if this structure is over fifty
(50) years old, this structure does not hold significance for any historical
associations with a person, event, or trend in local, State, or National history or for
any distinguishing architectural merits. Please see Exhibit "B" for photographs
showing the structure in its present state,
According to the Delray Beach Historic Preservation Design Guidelines, the
Historic Preservation Board ("HPB") determines whether or not a property has value
or interest in the historical, cultural, and/or architectural heritage of the City, the State
of Florida, and/or the Nation. To qualify for listing, the HPB must find that the
nominated property meets one or more of the following criteria:
. It is associated with the life of a major person important in the City,
State, or National History;
. It is the site of an historic event with a significant effect upon the City,
State, or Nation;
. That it exemplifies the historical, political, cultural, or social trend of
the community in history;
. It is associated with a past or continuing institution which as
contributed substantially to the City's life;
. That it portrays the environment in an era of history characterized by
a particular architectural style;
. That is embodies the distinguishing characteristics of an architectural
style, period, or method of construction;
0:\CORE002\Memorandum.July 10, 2006.doc 1
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. It is an historic or outstanding work of a prominent architect,
designer, landscape architect, or builder; or
. That it contains elements of design, detail, material, or craftsmanship
of outstanding quality, or which represented, in its time, a significant
innovation or adaptation to the South Florida environment.
The structure at 527 N. Swinton Avenue does not meet any of the eight
criteria listed above.
Furthermore, the Delray Beach Historical Preservation Design Guidelines
state that properties less than fifty (50) years old at the time the City's five historic
districts were created do not automatically qualify as historic properties once they do
reach that fifty (50) year threshold. In order for those newly eligible properties to be
included, a new justification that details the period and certifies the special character
of the properties must be written and the historic district so modified. This has not
happened.
Since the Del-Ida Park Historic District became a locally designated historic
district in 1988, the house would need to be built before 1938 in order to qualify as a
historic structure, It was certainly not built before that date. If it does not even qualify,
then you do not need to go to the next step of determination,
However, even if you desire to review the "determination" criteria, this
structure is non-contributing. Page 7 of the Delray Beach Historic Preservation
Design Guidelines further explains the differences between contributing buildings
and non-contributing buildings are as follows:
A contributing building, site, structure or object adds to the historic
architectural qualities, historic associations, or archaeological values for
which a district is significant because:
. It usually is more than fifty (50) years old;
. It was present during the period of significance; and
. It possesses historic integrity reflecting its character at that
time;
. Or is capable of yielding important information about the
period; or
. It independently meets the National Register criteria,
A non-contributing building, site, structure or object does not add to the
historic architectural qualities, historic associations, or archaeological values
for which a district is significant because:
. It usually is not more than fifty (50) years old;
. It was not present during the period of significance;
0:\CORE002\Memorandum.July 10, 2006.doc 2
. It no longer possesses its historic character which would
reflect its original character; and
. It is not capable of yielding important information about the
period,
The Delray Beach Historic Preservation Design Guidelines states that the
HPB is to review buildings on their own merits on a case-by-case basis to determine
whether or not they contribute to the character of the historic district. In reviewing
the Staff Reports, board meeting minutes and transcripts, there is no examination of
this issue. There has been no determination as to which period of time is the
significant prominent architectural period for the Del Ida district. The best it can be
said is that the significant prominent architectural period was at a time earlier than
World War II when Mediterranean Revival and Craftsman Bungalow styles were
appropriate, This is not one of those styles. Clearly, the subject property does not
add to the historic architectural qualities or have historic associations to be
considered significant and is thus non-contributing,
Therefore, the structure at 527 N. Swinton Avenue is a non-contributing
structure on all counts, In summary:
1, The facts purportedly establishing a build date of over fifty years old
are controverter by other public records;
2. The "50 Year Rule" is not an ordinance or law; and at the very best
merely a suggestion.
3, Even if "50 Year Rule" applies, it was when the district was
established so the structure would have to be built before 1938.
4. The historic district was never updated to include this style of house,
5. The house has no distinctive or unusual history or characteristics
whatsoever.
Thus, the demolition should be approved.
0:\CORE002\Memorandum.July 10, 2006.doc 3
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City Home> Departments> Planning and Zoning> Historic Preservation> Questions about Historic
Properties
Q&A for HISTORIC PROPERTIES
What makes a property "historic"?
. A property is considered "historic" by the City of Delray Beach if it is at least fifty years old and
holds significance for its historical associations with a person, event, or trend in local, State, or
National history or for its distinguished architectural merits including unique craftsmanship,
materials, artistic value, or is the work of an architectural master.
Who can initiate the nomination of an individual property or district for "historic"
designation?
. Nominations for an individual property can be initiated by the property owner, the Historic
Preservation Board or the City Commission. Nomination of an historic district can be initiated by
the Historic Preservation Board or the City Commission. The nomination is then reviewed by the
Historic Preservation Board and finally the City Commission for approval of the historic
designation. Designation applications can be obtained at the Planning & Zoning Department.
As the owner of an historic property, will the City dictate to me what I can do with my
property?
. No. The City allows any general maintenance and interior alterations to be at the discretion of the
property owner. However, in order to ensure that the City's designated properties retain their
historical and architectural integrity, the Historic Preservation Board requires a review process for
exterior alterations or additions to a historic structure or property. These reviews for approval,
known as a request for a Certificate of Appropriateness (COA), can be done by the City's Planning
and Zoning Staff depending on the extent of the work or by the Historic Preservation Board.
Applications for a COA and a list of the type of work that requires a Staff or Board review is
available at the Planning and Zoning Department.
Are there any economic incentives for rehabilitating a historic property?
. The City of Delray Beach offers a tax abatement for improvements to historic properties. This is
offered to residential and commercial properties and is effective for a period of ten years from the
start of the improvements. In addition, there are Federal Rehabilitation Investment Tax Credits that
provide a twenty percent tax credit for the rehabilitation of historic commercial properties. For more
information, contact the Historic Preservation Planner in the Planning & Zoning Department.
@ Copyright 2005 City of Delray Beach, All rights reserved. Privacy Policy, Disclaimer,
Digital Cities Survey 2005 First Place Winner
The All-America City 2001
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Table of Contents
Letters, . , . . , . , . . . , , , , , . . , , , . . , , . , , . . , , , . , . , . . , , . . , . , , . , , . , , . . , , , . . , , . . , , , . . . . . , , . . , , , , , , , .
Petitions. . , , . , . .. .. , . , .. , . .. .. . . .. . .. .. . , . , . . .. . .. ' .. , , .. . .. .. , . . ..... , . . . . , . .. . , . .. .. .. , ...
1
2
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DESIC3NVVC:::>RKS
CREATIVE PARTNE
LIMITED
July 7,2006
Mayor Jeff Perlman and
Members of the City Commission
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Proposed Dawson-Correale Residence @ 527 North Swinton Avenue
Dear Mayor Perlman & the Members of the City Commission:
My name is Steve Hefner, owner of the property located at 250 Royal Court in Del-
Ida Park where I have run my Interior Design business since 1999, I am unable to
attend tonight's meeting but would like this letter read on my behalf to the City
Commission,
I am in favor of demolishing the current structure located at 527 North Swinton
Avenue, as it has been a dreadful sight in the neighborhood for many years, and
allowing the Dawson-Correale family to build a new home, Their proposed
residence is in keeping with the feel of our historic district and would be a beautiful
addition to North Swinton Avenue. I feel it would increase the charm of the
neighborhood and encourage the type of revitalization that the neighborhood so
desperately needs.
I implore you as the Mayor and the City Commissioners of Delray Beach to allow
this family to move forward with their plans for this property. If young families cannot
come into our town and participate in the beautification of our historic neighborhoods
than the future of Delray Beach will be very grim. The proposed home fits in
wonderfully with the street and the neighborhocdand certainly \\'arrants replacing
the existing structure.
In closing, I hope you will decide in favor of the Dawson-Correale Family and allow
our historic district and Delray Beach the continued opportunity to thrive. Thank you
for your time and consideration,
efner, ASID
ks Creative Partnership, Ltd,
Ph.561.272.6855 FX,561.272.8144
250 Royal Court Delroy Beach FL. 33444
www,designworksltd,com Lic.# IB0000706
From: Paul Householder <paul@champion-motors.com>
Date:'Y ed,g~M~y200609:01:()() -0400
To::.shann.p. ,:6.d~w.$.Qn@com(J~tn~t...'
.. .. . .",-." ", .... - ... -, . - - -'. . ',--. ","
Shannon: Linda and I are pulling for you and Scott so you can move forward with your new home.
We both love the plans that Randy Stofft has prepared for you. We both hope to be looking at you
new home soon instead of the "Eye Sore" next door.
Paul Householder
521 North Swinton Ave
Delray beach, FL 33444
Kids World of Delray, Ine.
219 N. Dixie Blvd.
Delray Beach, Florida 33444
561-279-4100
July 11, 2006
My name is Cathy Robbins of Kids World of Delray Inc, located at 219 N.
Dixie Blvd in Del-Ida Park Historic District. Regretfully, I am unable to attend
tonight's meeting but I would like this letter to be read on my behalf before the City
Commission and citizens of Delray Beach.
It saddens me to learn that young families have recently been kept from
improving their own property. Many properties throughout this neighborhood are in
need of improvement and I think we should welcome those who are ready and
willing to make those changes. I am thrilled that the Dawsons have purchased this
property with the intent to replace the awful and insignificant building that we've
had to look at for years. Their proposed home is quaint and charming, and will be
worthy of saving in the future. It would fit in nicely and add to the charm of Swinton
Avenue.
What will become of our historic districts if terrible buildings like this are
forced to remain? I love Delray Beach, and since I run a busy childcare center, I
certainly hope that families will not be discouraged from moving to the area and
improving run-down properties, I hope you will allow the Dawson Family to move
forward with their plans that will certainly enhance both Del-Ida Park and Swinton
Avenue.
Sincerely,
{}-,e~
Cathy Robbins
Kids World of Delray, Inc.
561-279-4100
219 N Dixie Blvd.
Delray Beach, FL 33444
.......................'-4.IJ.... J-......-..............-O..... --.................
.&. -b....... .. ....,
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From: "Tom Atkinson" <t_atkinson@earthlink,net>
[ADD TO ADDRESS BOOK]
To: <shannondawson@comcast.net>
Cc: <alvarez@mydelraybeach.com>,
, <mayor@mydelraybeach.com>
Subject: Home at 527 North Swinton Ave.
Date: Wednesday, May 17, 20069:58:39 AM
[VIEW SOURCE]
.
,
.. Dear Historic Board;
.
:
,
I live in Del Ida Park at 17 NE 7th Street and wanted to comment on the proposed home
at 527 North Swinton Ave. I would embrace the addition of this home which I believe will
enhance our neighborhood. My home was purchased in January of 2000 with hopes for
new development and a revitalized neighborhood. Finally I am seeing progress and
would like it to continue. There are many homeowners or business owners that would
like to see our neighborhood grow and prosper. The current home on the property
, doesn't add very much charm or character to the neighborhood. I believe the home that
ML & Mrs. Dawson is proposing will add charm and clean up an area which is badly
, needed. If we don't allow development to continue, Del Ida Park will still have pockets of
, undesirable properties. What message are you trying to send to new homeowners and
: developers?
.
The property owners have worked with the city scaling down the size and coordinated
the architecture with the surrounding homes. Swinton has two Key West style homes
located to the south of this property which ties into the Dawson's elevation. The
proposed home also has a great porch in the front which would relate to my neighbors
home on 105 NE 7th Street. We all have opinions on what is best for us, but in this case
it's not our home or money that will be building this residence. I don't feel this home
would look out of place and cannot control or want to control how someone would like to
live. This whole issue has unfortunately ripped at the fabric of the community. I know
the peaceful street I lived on is not the same. We have neighbors against neighbors out
to control others from destroying their surroundings not realizing they have ripped apart
their own backyard. If the home is way off base then I understand the concern, the
Dawson home that I have seen is beautiful and will add historic significance in years to
come. Because the homes in Del Ida Park were built 30 or 40 years ago does that mean
we should also live like they did? Or can we create new historic homes that other people
will admire in years to come????? Please take my opinions into consideration since I am
unable to attend this meeting.
Regards,
Tom Atkinson
17 NE 7th Street
Defray Beach FL 33444
561-330-6856
561-400-3652
P.S. Shannon please utilizes this letter as necessary.
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From: "Jim" <artisticjr@earthlink.net>
[ADD TO ADDRESS BOOK]
To: <shannondawson@comcast.net>
Cc: <Alvarez@MyDelrayBeach.com>
Subject: Del Ida Park Development
Date: Wednesday, May 17, 20069:24:14 AM
[VIEW SOURCE]
An open letter to the Historic Preservation
Board;
May 17, 2006
My name is Jim Renberg and I live at 17 NE 7th Street in Del Ida Park. I am unable to
attend the meeting tonight; however I would like to make a statement on The Dawson
house at 527 N Swinton Ave. which is up for review. The current structure is in
deplorable shape and carries very little if any historic character. The house that is being
proposed is a Key West style structure. The roofing material is metal which will add to the
charm of the restored house next door that also has a newer metal roof. I believe this will
be a nice addition to the neighborhood.
The Historic Board has approved renovations and new structures recently. A group of
people that disagrees with the board have voiced there comments. Two appeals have
been filed by Mrs. Landry and have gone to the commission. The Dawson House if
approved by the board should be allowed to be built. There are people including myself
that believe that renovations and new development can work together in the historic
districts. I think the Historic Board has done a very good job and believe that the Dawson
House will be reviewed with the same care and consideration that allowed for the
approval of Andy Spengler's new construction at 112 NE 7th Street, unfortunately that
project continues to linger because of an appeal.
Best Regards
Jim Renberg
I have sent this email to Shannon Dawson and Amy Alvarez to read to the Historic
Board.
INBOX: Email 24of158[00ve~~~~-lde~~:_-..I11
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@ 2006 Comcast Cable Communications, lnc. All rights reserved.
P[iYacY...State.m.en.t Ien:n.s...oI..Se.rv!(e. CO.H.t<Jct..CQrll.c.a.st
Dax A. Olsher
530 N. Swinton Ave.
Delray Beach, FL 33444
July 8th, 2006
Re: 527 N. Swinton Ave.
To Whom It May Concern:
My name is Dax Olsher, I live at 530 N. Swinton Ave. The reason I moved to this
location is that I love the types of homes in this area as well as the City of Delray
Beach. I believe it is one of the best places to live in South Florida. Although the
style of homes in this area is very appealing to me, the truth remains that many of
these homes are over 50 years old and need a lot of renovation/restorative work.
There are also many homes that are no longer inhabitable and need to be completely
rebuilt. Many of these homes were not built to last and have become an eyesore for
the local neighbors as well as the entire community.
I appreciate and suppo~ the Delray. Beach IDstoric Preservation Board and their
protection of our community, however, I do not believe a home such as the one at
527 N. Swinton Ave. should be protected as it is uninhabitable and an eyesore to
myself and the surrounding neighbors. In my opinion, the community is fortunate
that the Dawson-Correale family is willing to remove this home and replace it with a
beautiful key-west style home which would be a wonderful addition to the
neighborhood. Especially with the costs associated today, this is a very expensive
proposition and I believe the Dawson-Correale family should be supported in this
endeavor. It is to no one's benefit to have a dwelling in a neighborhood that is
uninhabitable and an eyesore, this will not benefit anyone, including the City of
Defray Beacb.
Our community is going to have future issues with this type of dwelling as there are
many other homes which need massive restorations as well as total reconstructions.
This issue needs to be addressed immediately, otherwise, we will see our City and
our Community continually decline over the upcoming years. Let's protect our
community and support the improvement of it. I believe allowing the Dawson-
Correale family to construct their new home to be a wonderful beginning to this
process. Thank you.
Sincerely,
(/" ~---
Da'x A. Olsher
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES@
Name:
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
(rij)NO
1001-1Av! z) 4V&72-
.
/50 Sh/N7cJN
--r
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
. \ '''Jii'''- ~'" - \
"~.~ ,
..--.... ...-' ;;.t ,,\, 1''--/' ..~'
\~ '.
L,. ,
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
y~
~"',.
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES (NO
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family residence?
@/NO
Name: bC6 Wutlo; nUi3JW.U,UlC <
Address: c:JIQ ~). OJ )(J (} hh/C/ - 'H. .3~l(L{ll
Signature: {i?f&ti-Uwn- (l,PiwlnS
WE NEED NEIGHBORHOOD SUPPORT!
R:......~.....'
,t.. J .'0
If/,w,..:t
Dawson-Correale Family
",
J'
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
f
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES @)
2. Do you support the proposed version (shown be/ow)of the Dawson-Correale Family residence?
Name:
~/NO
J/Jlj I-k)iJ~7L ()?~-. ,)
ISO ._. N ,,<;,>' ~/V/O/\/
Address:
Signature:
.-/
E NEED NEIGHBORHOOD SUPPORT!
~""~.""'."...~.'."
.'.~
. Jl.. .
Dawson-Correale Family
'\
.)
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
-.
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES~
2. Do you support the proposed version (shown below)of the Dawson-Correale Family residence?
@NO
Signature:
1)0([ 0 Mtt-4t- /ew( c.t
7a ( tJ- 5 (/V f/l/r.. /1/ ~
?c-0~ /~
------' ,;jlNEED NEIGHBORHOOD SUPPOR 11
Name:
Address:
~~
Il~,
Dawson-Correale Family
Propose9 Residence
(2565 AC sq'ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
"
v"
~ ~-_.-
~
,~
'.'-<,<=:~ ::;; -~~<~~ ~~~:
_r-...-
i."~
"t '
, ~ '" ,~J ~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES/@
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
@/NO
Name:
H(nr~ Pean
CPA P,^
15\ " d
~dilleSS~
Slgnatur .
~
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
De/ray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain? I
YEs€) DeA'lek{( Nor..
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
. ~o f/IS/cI-{C ffones (
tQlA(i-e .(j I DCt ~ e 5e 5 houl J De. So.. v.e q
'50'6 / .L7 ~-f - I,L 5
Address: /' NIt/) 7'1. ~rNJVl) '7 Ve ()fll y. I Tfw'e;
Signature: ll:.{ r G.l/ 73C1-, fL 33WY S.Opfl1~ vc..fl)(7/ n1f -.I
I ( rr-- if IS ae y.{J'TlA. e Cf
WE NEED NEIGHBORHOOD SUPPORT! ail d 1cJ { i 7 dcJt.Yl,
Be Q.v!Al,
.t...~
Name:
~
t.. .:':;,'c
II,JUW'. .. .
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527-N-SWINTONAVENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
f
------
"
_ ~:r,~ ~-;~ ~:::~.Ji:~~C ~~~
~ -
-
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic PreseNation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES~
2. Do you support the proposed version (shown below)of the Dawson-Correale Family residence?
~NO
Q.\o() ~\ I )ft)"-
Addres~s"~r,~tL -!/1m" Grrf k 38+r+
>.\_ "'. -) I.. ~
,
Signatur .
WE NEED NEIGHBORHOOD SUPPORT!
Name:
11'\\''; uJ0.J~ IX'
,~ ~M Gd:Jth 0t?
10 1)C.if ,'Str~r 01J
6JuJ( ~Gh bJrnu:r1 f
,/ Jl .
B..'.....~
.)0--
{, "
i.l1Dl.d.
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft /2967 Total sq ft)
-l:l.dJ\)(h'r15 FroM
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YESf)
2. Do you support the proposed version (shown be/ow)of the Dawson-Correale Family residence?
~NO
Signature:
4~MvI~(
{ I UCtM 'j ~;Wi .
Name:
Address:
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
_'lL_-Ac!J\_ct'n+- ~
...
v
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YEs{S
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
@/NO
~uJ 3/1J0Je/
5::j) ;J, Su)/ ~~
Name:
Address:
BJQ ~?~ ;7 33VY;/
Signature: /&- ~E NEE: NEIGHB~OD SUPPORT1
\
J
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want tbeexisting structure (shown above) to remain? YE@
2. Do you support tbe proposed version (shown below}oftbe Dawson-Correale Family hom@/NO
Name: AlW.a~ b~~u
Address: (0 h 5 t t2Ai 13 c +f ! f G
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
, ) I
--e::x. no~2,-e~ ~
\ .-.J~ pDX Im'- ~
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES/~
2. Do you support the proposed version of the Dawson-Correale Family residence?
Y-e~ KCWC\ l5 @/NO
Name: CDcst("'rn rnpo~ III \ra~ '
Address: j \D VV1 (Q~ f,T 12\~ ~ fL 50 lj 1.f4
Signature: ~Q2i;-U to/
WE NEED NEIGHBORHOOD SUPPORT!
B': ......~... "
lA, l' ,
!'~.!Do't!
Dawson-Correale Family
~
/
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~ ---
v ---
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concems. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES /~Q)
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
~~NO
Name:
.' I (" ;1}-
.~j, ~J -,
Address:
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
f
~
.:it,
~:~,~~~ :-r; ~'o~: ~j;~
- - {~:' :~:~~ ;~~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES@
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family residence?
~
~J/NO
./3 /172.21 G [.7'9 };J~/;/6 .
Name:
Address: II 7 ~-=--/.C/V c;;.- -
Signature: /~
/ WE NEED NEIGHBORHOOD SUPPORT!
j!;~~!t.,;
".n....;/>' 1
.~ .
~~~:l .~ ...
J\'('~-'" .
.:.'.."i..''''' . "
\ "l' .
I 'I '
~: '~.' .~,~, ,-;
. ~\~,.l\2\?s,I~
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
. ' STOFFT
/_....:~.:.'.:,~~. I
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r ---- -
.~
, '
& ~~~, ".:;,: ~ ~
,..,~ ,~ .---:.-;;",ll'~.",-
,:)/'"--'- :~ -~"''::~~J~~
~ l~ ~ I _ _ ri~~~~;-~,
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES &
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family residence?
aND
Name: C:....~Q..~~~ \-1\. So...""",,~!:.oV"\
Address: ~so ~o~\
Signature: C~~"A~_P
'"'" ~ _..~ ~L :-oU.4'-\
c..o~~-\ \ \)..v, tt).,,'1 ce-........
r;(--4~
WE NEED NEIGHBORHOOD SUPPORT!
j,~t"'., (
. ~,~~
'~ ~...
J
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r
-~-
.~-~..,
~
c
, ~,
_ . ~~ ~ :>-' "...:-:,,::'i,. ~~;-J~~~:;"~;-' -- ~'"'
_,o,;~;,~....;.;~ ~~,,~d:f~: ~
~~":<F ~--- _ ~1 - r~~;tef~,[~-.
~".... "
- - ~ ~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES / (f5!j)
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family residence?
@MNO
Name:
1011)1 j ~ft-oof)
/O'J... ;1J.E. 5ff/5{ f}eLt<IJ(KtNlrc.- .
~?~
WE NEED NEIGHBORHOOD SUPPORT!
/ J1- 0 dff (/
/ ()fLe ("/ ((Vt)lUI
vJ ~ -{ O!/ tit/- 5
~ \ '( rrf1~ or} /iq1,;ll
~~ rJ 0 (' Il-V vf-7f
~cJfl1
Address:
Signature:
8.- . ..... ..~....-.l...,..,...~.
. ~
'J )) .'
Jill,... I
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r
---------.
~
"
. .
':":;:>::~ ~; ~~;:~ jtf' r~
~- -
,~
-~ .
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YE~
WE NEED NEIGHBORHOOD SUPPORT!
J;y.. .
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
,
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES 6J
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
. .. ~NO
Name: <t) ..~c (,,~ '1' C1(1JlDj ~D~
Address: \ 'i Nt. 51- SI
Signature: ~ at- ~~y
WE NEED NEIGHBORHOOD SUPPORT!
~
J:v,~,
_._. ....-!' f" _
. '
- 'b~\\~'~"Ol--! ~t:-::,~t_~
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r
--------..-
~
"
, - '-'.
~_, _;:::~~ '_;: .;::c': ,-, r:~? '::~~
Last July, after confirming the "non..,contributing" status of this building with
Delray Beach Historic PreseNation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity ofthe neighborhood!
1. Do you want the existing structure (shown above) to remain? YES fii)
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family hOme?G~NO
Name: (Ie vv-v ft1 /kc./:v; ,;v7{)
, I
6 ec~- e () lirA I} /vcJ ~
/1
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
Address:
Jil
I _:::"::~:
\ .":,
"
"\
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r
------
;~~
~~~" <~ 5'~-i~~~~~~~~ ~ ~i
-~ ?' ~ ,- ~"-~ ;~<-
- ~ ---:->0 ~
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want tbeexisting structure (shown above) to remain? YES €J
2. Do you support tbe proposed version (shown below)oftbe Dawson-Correale Family bom~NO
Name: -:)7h--,)& 1h---;:Ve:TL
Address: 50 ~
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
RC~ ."., ,~...",,,,.....:.r.
.". .
. '~
'~",,",.
. .~<.
'~ .-it:"
Dawson-Correale Family
J
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES /Q
2. Do you support the proposed version of the Dawson-Correale Family residence?
Signature:
CJL~
~/NO
r~. M.
~jc-
tAR- L(0
Name:
Address:
WE NEED NEIGHBORHOOD SUPPORT!
B','" '. ........~.....~~.)..... '~...,*.... z':"f;'. ' '
~.. ,'!!L} ~b ''-'
. .r~ir.' .
,f.. ,
..W:&/.o "
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the'neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES@
2. Do you support the proposed version of the Dawson-Correale Family residence?
Name:
NEIGHBORHOOD SUPPORT!
Address:
Signature:
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
Name:
1. Do you want this building to remain?
YES IV
2. Do you support the proposed version of the Dawson-Correale Family residence?
~O
-(\J04 ~ .Mt;A~
.2. 35 ~~~ ~ C o{;v\ .\-
M~
U ~-:EED NEIGHBORHOOD SUPPORT1
Address:
Signature:
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES z&V
Name:
,
;)fW-& f< l 0
~d-LQ NuJ U
Cjr~~
WE NEED NEIGHBORHOOD SUPPORT!
2. Do you support the proposed version of the Dawson-Correale Family residence?
G~i>NO
f ft~L ~ SCo
Aw-Detr(A~1 &CLCJ,
Address:
Signature:
~
R" ".,'
f~-
. J1t/iJ:.J>..L!;
Dawson-Correale Family
";i
J.~
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
f
LasUuly, after confirming the "non-contributing" status oUhis building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain? YES €:)
2. Do you support the proposed version (shown below Jof the Dawson-Correale Family hom~o
Name: .e u.)
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
~'~"".~.
DA'~~.
IIL~.I.
Dawson-Correale Family
Jh.
\ .,
I
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain? YES J~
2. Do you support the proposed version (shown below)ofthe Dawson-Correale Family hOme?@yNo
Name: tho. ,u ( .~ ~
Address: is IJ E: { '-/fA S:+ kiA,/JJj( 11-~
Signature: JI& A yv q-<'.):';ULJ
(
WE NEED NEIGHBORHOOD SUPPORT!
8... ",,'"
. ~':~
.J.J.,,,
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft)
({-1\.'-.A..l G r, ",1h /"- J II
Rc~-fJL &~ (7:;:;;) ?' (\71
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES/fN01
\Y
2. Do you support the proposed version of the Dawson-Correale Family residence?
,~/NO
Name: /\'1 A-i2.. \( 0..:' A:-L"R...e tV
Address: 110 Nt ~ ~O Me:. OeL~r\'-1~. -Bepre1f
,~ j ,J I! \
Signature: -f l/ l~T lrt-;t.-----
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
._'-~ -,"
'- (\ 1">)(__\ l..:-..-----:.:;g:;--'/)
-lj"-/- '-7 ~;;2~ - 0 I '3S-
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~---"
~
~! . - ~ ~ /..--:-' jf,~~:-
< ~ - - "Ml~"1il'
~ ~- OCI ~_.:r"fAr~~c;.
. . ",- ,.( ;,:, " ~~~<:
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain? YES I@
2. Do you support the proposed version (shown below) of the Dawson-Correale Family home? @JNO
Name: ~i2- Sh.o...,,-ov\ kU.;J~--e.V\CL.
Address: t~7 75 N, CJ ~ u...x- brbO~ Ct.R. 0*3;V ~u..J/./vroI2/At4..f-"
Signature: /-kI'acLtcO-t-t y/ ~a'J.c.uAL.e--
.//
WE NEED NEIGHBORHOOD SUPPORT!
~""'~'
B-., ;'
" l'~
.1.'<' j.
.,Wi:Ioo'"
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~
J,
~.
t-----'-~----~.
f
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concems. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES 1-r5)
2. Do you support the proposed version (shown below)of the Dawson-Correale Family residence?
@lNO
Signature:
------
I UL-l I ft fF1w t<
~ ,?, 5 :<OYl/-l-< C'V' ~lbcut-B::h 3&41
a~::tt
. WE EED NEIGHBORHOOD SUPPORT!
Name:
Address:
~
~:
j
Proposed Residence
(2565 AC sq ft 12967 Total sq ft)
L........._..l ;')
--- J [,-
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Defray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES 8
2. Do you support the proposed version (shown below)of the Dawson-Correale Family residence?
Name:
~~~,--H-,
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
.;. ~"",,,:!Ji.'.;"
1.......1
t'~~
. ,1M., _
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We need to build a safe home for our family, but the city might not let us. Do you
think the existing building contributes to the charm of the neighborhood?
Existing Structure:
.~i6
v------
~
,
d/:Il1
~Wl- ~ ~-- ~ ":,,~
," ~_,,- -:....~'''~1!;.
-::!' <;1) . _ fI.llt~,.
~~; :_, fr -.~
t' ~~ { o-L '.' ~_>!. ~ ... ."'",~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain? YES /~
or! the proposed yersion (shown below)ofthe Dawson-Correale Family hOmGtllO
Name:
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
Proposed Residence
(2565 AC sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
-$
r------
I
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES I{!;)
2. Do you support the proposed version of the Dawson-Correale Family residence?
@NO
Name: r ~ AM Co I,S PIJL-L; seD
Address: {J.GL-f'J E0JlrrhlY1 AvctI1lA-Q.. i l3C[rtLU~, fL - 331tfLf
Signature: . ~ . J
WE NEED NEIGHBORHOOD SUPPORT!
R.'........~...:~
L 1 ,'.
&rIlW.. t
Dawson-Correale Family
J!I'"
, '
1
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~_.__._------
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES/~
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
@/NO
Name: ~LC~ ~ )NJlC-f ~TJLff1
Address: ~\ 'I i ~
Signanrre: C:J n.t ~,
WE NEED NEIGHBORHOOD SUPPORT!
B:" \ ,
-'-, /
",'.'.'~
_1J."t.i. ,
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
Name:
1. Do you want this building to remain?
YES 8
2. Do you support the proposed v~):: Dawson-Correale Family residence?
f/;IR TTN )IhOJp/
, 2- Z-. Nt,
11~'
p }
Jf(O
5~rJL
v/2
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
....
1.,.< -
t/
~-"
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
J
,~
t-
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
Name:
1. Do you want thisMg to remain?
YES e;
2. Do you support the proposed version of the Dawson-Correale Family residence?
S ~o
lkfl~"'- ~~ck.\w{.
(:Up (02) NC 31J ~t1~~
txvtr"1 ~) rl 3?>~W
WE NEED NEIGHBORHOOD SUPPORT!
Address:
Signature:
R.:.....~...1.;,..."..',
, Jt~'
::'~j~'l, .
.i!jlJJJI- ~ " "",
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft /2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~
<J
r-----
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YEs/0\ \
~9a-
2. Do you support the proposed version of the Dawson-Correale Family residence?
~o
~
Name:
Address:
Signature:
WE NEED NEIGHBORHOOD SUPPORT!
B........~,....\;;"...'..'..-.
' I\~
11.1114",/" .
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft /2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
6
~----
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES~
2. Do you support the proposed version (shown below) of the Dawson-Correale Family residence?
GJNO
Name: DQ\/~ c\ ~~nVJorfl
Signature:
Address:
WE NEED NEIGHBORHOOD SUPPORT!
R"~
'-:~~
'. .,J, nJt,
..~:iloo
Dawson-Correale Family
J:,.",
\, " C;<~1
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
/ "
"1'" "
".Y .'-(';',': i
,~; .~,
,Ii 1',:1."
{~I~1i t,
~_..'~ ... 'I .
. -
r-------
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concems. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want the existing structure (shown above) to remain?
YES 6)
2. Do you support the proposed version (sh~~W)Ofthe Dawson-Correale Family residence?
~O
Name: L/ L I J3ItnS711
Address: tfSo N ~L~~<-- T;:i\l -AUf:
Signature(=:t), ./, '&. ~.J'/1 [p. _ '
WE NEED NEIGHBORHOOD SUPPORT!
b....,...:.~.~.
~;',~
-'.~' ,
f~~' ;
~,:;~' I .
B,;~~.P- ," .
< v <'~: ~r-..~- <:;.
.'.J~.,.l JIIit.,. .2i.
Dawson-Correale Family
j'1~~tf:.~.
iLi- )
J\': -~ ill
- D;,."'~ \2lf,1tt+tt;
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm?? Historic??
527 N SWINTON A VENUE
- '
We J\leed to build a safe home for~ our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
-s
~------
~
Last July, after confirming the "non-contributingJJ status of this building with
Delray Beach Historic PreseIVation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES@
2. Do you support the proposed version of the Dawson-Correale Family residence?
@S/NO
Name:
S(jS~
lOq
Co VI Vl
Address:
Signature:
''------------wE NEED NEIGHBORHOOD SUPPORT!
Ii.. ...~..~".'."...'....~
. iJ::
,'" 'I'
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm?? Histo[ffi??
527 N SWINTQN A VENUE
We Nee.d to build (;; safe home for our fami'y, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
Last July, after confirming the "non-contributing" status of this building with
De/ray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES /@
Signa
2. Do you support the proposed version of the Dawson-Correale Family residence?
~ Go
\,-/U/v'J;elt ,~;;tj.niln/
E ;11 ~r
('
e:
{
WE NEED NEIGHBORHOOD SUPPORT!
Name:
Address:
~.....
" '{.'
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm?? Historic??
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
.:;;
r----
'\
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES8
2. Do you support the proposed version of the Dawson-Correale Family residence?
Y"5{pI-n'i-/1-I"S &NO
Name: rJ)/j X D ~ 5I-IEYf-
Address: 53v (Ii- S /,All f(A<'IIJ ~
Signature: ~
WE NEED COMMUNITY SUPPORT!
B" ,
'~
~"')M;'
Dawson-Correale Family
Proposed Residence
Charm?? Historic??
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~ -------'
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YE~
'_/
Signature:
2. Do you support the proposed version of the Dawson-Correale Family residence?
. @NO .:t: },qv<!.- hCfd /0 !a..):..Q! !h}~
OfJo,/} SOU/) de.rs '~,1- Ov-V- 2- yeCld .S.I I~ q./'1
J In fh/J r7elc;hk,-hcp,:0 tKJJ
520 ~~111W). Qv'.e... / W
& / -. -
WE NEED NEIGHBORHOOD SUPPORT!
tl-o/~fy
Name:
'fye.-.50.~
Address:
~"
..c~
, - -:a./t
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm?? Historic??
527 N SWINTON A VENUE
We Need to build a safe home for our family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
<;------ '
~
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES/~
2. Do you support the proposed version of the Dawson-Correale Family residence?
@NO
Name:
Signature:
WE NEED COMMUNIIY SUPPORT!
Proposed Residence
Charm?? Historic??
rll N SWINTON AY-ENUE
We Need to build a safe home for our family, but the city might f1.0t let us, Do
)lou think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~---'--
~
,
Last July, after confirming the "non-contributing" status of this building with
Defray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES /C@)
2. Do you support the proposed version of the Dawson-Correale Family residence?
~NO.
Name: J.J{co\-e Mantey'" / -JLLd~ rYk(sh,'rn-ty
Address: l' 0 ~ e- ~~ S\
Signature: hi' Uik ~I ~Vi\..""
WE NEED NEIGHBORHOOD SUPPORT!
~.
J
' ,
- ,\ "-..-
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm~? Historic'll
527 N SWINTON A VENUE
We Need to build a. safe home for OW" family, but the city might not let us. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic PreselVation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES 6)
2. Do you support the proposed version of the Dawson-Correale Family residence?
Name:
I ICiv IIJ lIT i?,-rre,L-
@NO
Signature:
~ it s-nlk
~cp
Address:
WE NEED NEIGHBORHOOD SUPPORT!
A ,
, :JIa.'
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
Charm?? Historic??
527 N SWINTON_A VENUE
We Need to build a safe home for our family; but the city might ~10t let us" Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
~. ------'
.,
Last July, after confirming the "non-contributing" status of this building with
Delray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to all guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
Signature:
1. Do you want this building to remain?
YESe
2. Do you support the proposed version of the Dawson-Correale Family residence?
@NO
'~Vl' d .~Qn ba u ~v
,,5 LJl~C C ou.-v-t
L~t/LX--~~ Ur/J~/\ 0 c~ ~
, ~
Name:
Address:
WE NEED NEIGHBORHOOD SUPPORT!
~..J',""
Rj~l
....,.......~....:'.
., . 1"
-".,
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
--
Charm?? Historic??,
527 N SWINTON A VENUE
We Need to build a safe home for' our fmnHy D but the city might not let u.s. Do
you think the existing building contributes to the charm of the neighborhood?
Existing Structure:
r-------
\
Last July, after confirming the "non-contributing" status of this building with
De/ray Beach Historic Preservation Planner, we proceeded to buy the neglected
structure to replace it with a safe home for our growing family.
We've adhered to a/l guidelines, regulations and community concerns. We've done considerable research during the
design process to ensure that our home will be compatible with the historic homes in this district, and will add to the
character and integrity of the neighborhood!
1. Do you want this building to remain?
YES /@
2. Do you support the proposed version of the Dawson-Correale Family residence?
@NO
JOJ~~1T
I Lf (Jtj~ (
icd g(~/{
;/
WE NEED NEIGHBORHOOD SUPPORT!
Name:
Address:
Signature:
R............~..\".'..."
,;r
.l ).!"'.
,lif.J";;" _
Dawson-Correale Family
Proposed Residence
(2565 AC sq ft / 2967 Total sq ft)
FROM:
DA)2'~R~, MANAGER
PA~r.1-L~~~TOR OF PLANNING AND ZONING
ESTELlO~O, SENIOR PLANNER
MEETING OF JULY 11, 2006
CONSIDERATION OF A WAIVER REQUEST TO LAND DEVELOPMENT
REGULATIONS (LDR) SECTION 6.1.2(C) (3) (a) TO REDUCE THE REQUIRED
MINIMUM PAVEMENT WIDTH FOR AN INTERIOR ROAD FROM 24' TO 20' FOR
GRAMERCY SQUARE PHASE II, PURSUANT TO LDR SECTION 2.4.7(B) (5).
TO:
THRU:
SUBJECT:
On June 28, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan
and landscape plan associated with the construction of 38 fee-simple townhouse units in seven (7) two-
story buildings to be known as Gramercy Square Phase II. The Board also reviewed a waiver request to
reduce the required paving width associated with the internal access roadway and forwarded a
recommendation of approval to the City Commission,
Waiver Findinas:
Pursuant to LOR Section 2.4.7(B) (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;
(c) Shall not create an unsafe situation; or
(d) Ooes 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,
LDR Section 6.1.2 fC} f3} fa} - Minimum Pavina Widths:
Pursuant to LOR Section 6.1,2(C) (3) (a), the minimum paving width for an interior road is 24'; however
the proposed paving width of the interior roadway within the subject development is only 20'. Therefore,
the applicant has requested a waiver to reduce the minimum width,
Pursuant to LOR Section 6.1,2(C), upon the recommendation of the City Engineer, and with the approval
of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of
paving if it is determined that the requirements of this subsection would not be feasible or would
constitute a hardship in a particular instance and provided this reduction would not endanger public
safety and welfare, The development proposal provides a 20 foot wide street with two feet of valley
gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported
reductions that have been granted to the pavement width for other townhouse projects such as Atlantic
Palm, Atlantic Grove and Legacy at Sherwood Forest. Further, this waiver was approved forGramercy
Square Phase 1 immediately to the east. The proposed two foot valley gutter on either side of the road
will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be
supported provided that the Home Owner's Association documents contain a prohibition on the parking
of vehicles within the street access tracts (this is a condition of the Class V site plan approval).
q~
City Commission Documentation - Meeting 07/11/06
Gramercy Square Phase II: Waiver of LDR Section 6,1,2(C) (3) (a)
Page 2
Granting of the requested waiver will not have an adverse affect on the neighboring area, create an
unsafe situation, or diminish the provision of public facilities, Given the conditions under which the
waiver is being requested it is reasonable to believe that the waiver would be granted elsewhere under
similar circumstances, Consequently, a positive finding with respect to lOR Section 2.4,7(8)(5) can be
made.
Approve the waiver to lOR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior
roadway from 24' to 20', 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 2.4,7(8) (5) of the land Development Regulations,
Attachments: Site Plan
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City of Deroy Beach. R.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
WAIVER REQUESTED BY GRAMERCY SQUARE TOWNHOMES
1. These waiver requests came before the City Commission on July 11,
2006.
2. I The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Gramercy Square. All of the evidence is part of the record in this case.
3. The City Commission finds that this Order is consistent with and furthers
the policies and objectives of the Comprehensive Plan.
4. Waivers: Pursuant to LDR Section 2.4.7(B)(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;
(c) shall not create an unsafe situation; and
(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.
5. Minimum Pavina Widths: Per LDR Section 6.1.2(C)(3)(a), the minimum
paving width for an interior road is 24'; however, the paving width of the interior roadway
within the subject development proposal is only 20'.
Pursuant to LDR Section 6,1.2(C), upon the recommendation of the City
Engineer, and with the approval of the Fire Marshal, the City Commission may
authorize a reduction in the minimum required width of paving if it is determined that the
requirements of this subsection would not be feasible or would constitute a hardship in
a particular instance and provided this reduction would not endanger public safety and
welfare. The development proposal provides a 20 foot wide street with two feet of
valley gutter on both sides of the pavement. The City Engineer and the Fire Marshal
have previously supported reductions that have been granted to the pavement width for
other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at
Sherwood Forest. Further, this waiver was approved for Gramercy Square Phase I
immediately to the east. In this particular request, the two foot valley gutter on either
side of the road will provide sufficient area for large emergency vehicles to navigate the
road. The reduction can be supported as long as the Homeowner's Association
documents contain a prohibition on the parking of vehicles within the street access
tracts (this is a condition of the Class V site plan approval).
Should the waiver be granted to reduce the minimum paving
widths?
Yes No
6. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted,
7. 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 which supports the findings set forth in this Order.
8. Based on the entire record before it, the City Commission approves _
denies _ the waiver requests and hereby adopts this Order this _ day of July,
2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
01\
d!f
[ITY DF DElRAY BEA[H
DELRAY BEACH
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
561/243.7000
ItI.8.I:III
All-America City
, III I!
MEMORANDUM
1993
2001
TO:
David T. Harden, City Manager
Douglas E, Smith, Assistant City Manager ~.1}.
FROM:
SUBJECT:
July 6, 2006
AGENDA ITEM CITY COMMISSION MEETING JULY 11.2006
APPROVAL RESOLUTION NO. 48-06 AND SPECIAL EVENT REQUEST
29TH ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY.
FESTIVAL PARADE. ONE DAY GOSPEL FESTIVAL ON THE SQUARE.
YOUTH BASKETBALL TOURNAMENT. AND ADULT BASKETBALL
TOURNAMENT
DATE:
ACTION
City Commission is requested to approve Resolution No, 48-06 supporting and endorsing the 29th Annual
Roots Cultural Festival one day event to be held on August 12, 2006 at Old School Square, Commission
is also requested to grant a temporary use permit per LDR's Section 2.4,6(H) for the use of City facilities,
rights of way and parking lots, to authorize staff support for security, traffic control, EMS assistance,
barricading, signage, and cleanup and trash removal and waiver of LDR's Section 4,6,7(C)(5)(a) and (9)
to allow banners and flags and to allow event signs to be put up more than one week before the event.
Commission is also requested to support and endorse the Roots Cultural Festival Family Day at Pompey
Park to be held August 5, 2006, Youth Basketball Tournament to be held July 21-23 and the Adult
Basketball Tournament to be held August 4-6 at Pompey Park, to waive facility rental fees, and to
authorize staff support for security,
BACKGROUND
Attached is a letter and event permit from Ms, Alberta McCarthy, Chair, requesting a City Resolution
endorsing this year's events through staff support from various City departments.
Estimated overtime costs for the August 12th event are approximately $5,675 of which $3,050 is estimated
for police overtime, The estimated cost for the August 5th Family Fun Day at Pompey Park is $3,670, In
addition small stage rental costs are $532, The Youth Basketball Tournament estimated cost is $2,830
and the estimated cost for the Adult Basketball Tournament is $2,830.
The event sponsor is also requesting use of the County Parking Garage and surface lots and use of the
City Hall parking lots; the request includes allowing Roots to charge for parking, Based on experience
* Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
9D
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING JULY 11.2006
APPROV AL RESOLUTION NO. 48-06 AND SPECIAL EVENT REOUEST
29TH ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY, FESTIVAL
PARADE. ONE DAY FESTIVAL ON THE SOUARE. YOUTH BASKETBALL TOURNAMENT,
AND ADULT BASKETBALL TOURNAMENT
July 6, 2006
Page 2
with the Delray Affair, the County probably will not let the organization man their lots, The City could
man them with our contractor and consider splitting the net profit with Roots,
This year, again the event will take place on the grounds at Old School Square and the Block 76 parking
lot. We have not been able to determine if there is a newspaper sponsor for the event at this time.
The event sponsor will be responsible for event management, vendor approval, entertainment, banners
and signs and fencing of the event site, There will not be a charge for the August 5th and August 12th
event. An event budget, schedule of events, and site plan is attached,
RECOMMENDATION
Staff recommends approval of Resolution No, 48-06, the temporary use permit for use of City facilities
and rights of way, the sign, banner and flag waiver, to be put up no earlier than July 22nd, staff support
for security, traffic control, EMS assistance, barricading, signage, and clean up and trash removal for the
August 5th and August 12th events, Approval to be contingent on receipt of a hold harmless agreement,
rental agreement from Old School Square, and liability insurance certificate, Staff also recommends staff
support for security for the Youth Basketball Tournament and Adult Basketball Tournament and waiver
of rental fee for City facilities,
DES/tas
Attachments
RESOLUTION NO. 48-06
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE 1WEN1Y-NINTH ANNUAL "ROOTS CULTURAL
FESTIVAL" IN THE CI1Y OF DELRA Y BEACH, FLORIDA.
WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Twenty-Ninth
Annual Roots Cultural Festival in the City of Delray Beach to be held July 21,2006 through August
12, 2006; and
WHEREAS, the Roots Cultural Festival presents to the community, state, and
nation a view of the rich cultural heritage of people of African ancestry in our city; and
WHEREAS, this festival was originally conceived by the Jefferson Manor Homes
Association in an effort to bring people together to develop pride, respect, and appreciation for their
community as well as the particular heritage which they bring to the city; and
WHEREAS, the Roots Cultural Festival provides an opportunity for eXC1t1ng
experiences for all, reminiscent of the Bahamas, the West Indies, Haiti, and other countries from
which people of African ancestry have come to Delray Beach; and
WHEREAS, the activities of the festival are to promote math, language and
communication development among our youth; to promote physical fitness through sports
tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and
dramatic presentations,
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby supports
the Roots Cultural Festival, Inc. in their sponsorship of the 29th Annual Roots Cultural Festival in
the City of Delray Beach.
Section 2. That the City Commission hereby recognizes the 29th Anniversary of the
Roots Cultural Festival, and commends its sponsors and supporters for holding this significant
cultural event in the City of Delray Beach.
ArrEST:
PASSED AND ADOPTED in regular session on this the 11 th day of July, 2006.
MAYOR
City Clerk
2
RES, NO. 48-06
Root,\' Cu/tura/17estiVll/, /IlC.
4()() H"est At/antic Avenue, Suite 2.4
De/ray Beach, FL 33444
July 3, 2006
The Honorable Jeff Perlman - Mayor
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mayor Perlman
We are excited to announce the celebration of the 29th Annual Roots Cultural Festival. Over the
years, the Festival has grown in keeping with the needs and desires of the community. "Roots"
has become a household word in South Florida and is synonymous with summer cultural
enrichment.
This multicultural event has received great support and encouragement from the City and we are
tremendously grateful. This year's theme is "Ujima" - Collective work and responsibility
committed to build and maintain our community by working together to shape the future. We
continue in our quest to improve the quality of life in beautiful Delray Beach,
We are again requesting a Resolution from the City sanctioning the efforts of this cultural
organization through the support of the various municipal departments such as the Police, Parks
and Recreation, Public Works, and EMS Departments. The Roots Festival has become so
ingrained in the cultural fabric of South Florida that it draws visitors from through out the country
and the neighboring islands. Vacations and family reunions are frequently scheduled during the
Roots Festival time,
We invite you, the Commissioners, and the City staff to share in the activities which are planned
from July 21st through August 12th, 2006, We would especially appreciate your participation in
the kick off celebration, heritage parade (followed by a VIP reception), the prayer breakfast and
the Gospel Festival on the Square,
Please contact me at (561) 274-0365 if you have any further questions,
Sincerely,
Alberta McCarthy
Chair
/tas
cc: Robert A. Barcinski
Roots Cultural Festival
FY 2006
Support List
I. Police security, where applicable
2. The City to allow the display of Roots flags
3. The City to waive fees for the use of facilities and staff for all activities scheduled
at Pompey Park and other appropriate City facilities
4. The City to provide Roots signage on Atlantic Avenue and all other appropriate
sites from July 12th - August lih
5. The City to allow Roots exclusive use of City Hall parking lots (Representative of
Roots will be charging a parking fee with all proceeds going to Roots
Organization)
6. Request the use of County parking garage and parking lot for the August 12,2006
event at Old School Square (Roots will be charging a parking fee with all
proceeds going to the Roots Organization)
City of Delray Beach
Special Event Permit
Application
DELRAY BEACH
~
ffiir
1993
2001
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Event NamefTitle: ~roI-.5 Cu liurt1 l.fes-b~ I - ~.. I~ '~o4JevI
Ev~ate(s): Event Tim~(s): - J 'I
g ~ . "2 00 (0 t..f,o L( - I{ pM
o klray /&I.,
Event Co~tacUCoordi,n,~tor:, . . u. a VI i> " C 1<5 7 3S-'1
Address: 400 vJ, 4--H6!t'\+i c... \IC ~ 2.A ."'De\Y-~ a..Ch,
Telephone Number: 5tD\~l."t.(.- -030S Cellular Number: 'I f ~ - ~7 3.. <f07~
E-mail Address:~y...nch2c.1-oJCLO\.CO..^.
Even~ Description: I r"I \)I.Y" . lJ,.-!-cloo(' ac.+\v,',he-<;. 'br ~e. CCVV'lMtuI\~ '
Sw\ /'r\ ~Y\ I t'\ uJ ~"{.h 1>:f ~(J.; v' 0. ~ e c;" .'Y". e.Y\ ~ t--uv-- 50-..1 e. / q OJY\ e,S,
V'leWI~t) D en, (f!r\ -:,' uOVle ,c" I f'\ ~-e. :1'.:1 fV\ . .
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check)
Co- Sponsor - Non-ProfiUPrivate 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) t
Event Location/Address: 1 \ 0 \ t-J \AI 2 y\d 5 We ~.;- -
Event Sponsor/Producer: Roo
City 0 Non-ProfiUCharitable ~. Private 0
yes
PD Mv(.}~ Po-V' k
./
no V
12.
Site plan attached:
(Site plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
~~Q ,/
Event certificate of insurance attached: yes no V
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
/"
no
yes
13.
/
14.
15.
16.
v
/
no
yes
no
yes
1
~.
17.
18.
19.
20.
21.
22.
23.
24.
yes
./'
/~
V
v::
v
v
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance: yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stag~ Half small
stage 0 /'
Requesting signage : /'" yes' no
Type: Event sign (4'X4~ Directional signs v
Banner hanging Indicate dates required Z w \-<. s pnoA--
(Waiver required if more than one (1) week prior to ev~t)
Food and beverage vendors: yes 'v 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
no
no
no
no
no
no
25.
26.
27.
Health Department approval: (see attached) yes .,/'
Other vendors: yes ' v
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)
no
no
no
v....
28.
29.
/
V
no
32.
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
n~~ /
Will there be a charge for the event? yes no
(If yes, indicate ticket prices) " /
Is reserved parking requested? yes no V
(If yes, indicate locations)
yes
/
30.
no
31.
./
no
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
permitted.4) 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.
Event Contractor/Coordinator
Please print:
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 OnlYI I
Date Received 0/(} 8 0 (0 Application fee received $
,
Site map
Budget V
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval _
501 c(3) or (d) certificate or letter v
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
City of Delray Beach
Special Event Permit
Application
DELRAY BEACH
~
AN aerkan
'1111.
1993
2001
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title ~
1. EventNamefTitle:~ G..-l~ r:;~ OC1.afAN1~ ~\.CD.\J
2. Event Dat,,(s):. Event Time(s):
~v-:rt- \'J-, '"J..oO '" - --p~ ~ ~ST":I/II.-P d\r-~ s~~
-4 p,.." - II DM
I ,
3.
4.
5.
6.
7.
8.
9.
10.
Feu-- O-d e c:c,-ku-i-s ~+ 4 ~
y"(i7A\I~ ( 0('\ -+he tXlUf1.Y'e.. ~-ts 0.-4- ~pM.'- \ \ ~
Event Sponsor/Producer: (2..oi)"'t S c..lfu..~ ~-fl\./~ 1J.;V,c..-
Event Contact/Coordinator: tAAtu- Got\ ~
Address: Ljoo w-en M-\A.Jk ~t .zA l:>~t1AI.1 iS~.R s~'tf(<I
Telephone Number: Slot .2--'1'1 - 03 b,)Cellular Number: "7l~l<{73. "'~'1r
E-mail Address: ~ () ",'V\ 2-1.{ @ ACl . c:..o """'-
Event Description: ~ ~ oj ~~ -~"" .... ~ ~
d'=N~ It ' t:> S ' ~ 'iW-(lA~ tu~
+...',-, ;) to' i~ tJ.-.... Gt1l1(/2.oo1Ik~ .~ -f:p. ~ ,.~ 11j~~ ~
(If neighborhood lock pa y, then please skip questions #10-35 and go to..J;. o~ ~b
question #36) (!O<"Yt.....C4I'jLf) I
Sponsor Category: (please check) City 0 Non-Profit/Charitable ~rivate 0
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) (1 'A /l ,
Event Location/Address: (jIb Sc.#f()DL S~~~ .~ ~ Nb,c;ft.. ..)..vl~ f\\J;}-
12.
/
Site plan attached: yes v
(Site plan required for entire event site) /""
Event budget attached: yes \/' no
(Required for all events) ~
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
~~ /
Event certificate of insurance attached: yes no 'v
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(TrafficconuoYsecurity)
no
13.
14.
15.
16.
v-
no
yes
~
no
yes
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26,
27.
yes
V
/'
~
\/",
\,./"
V-
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance: yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage L Half small
stage 0
Requesting signage : /. yes
Type: Event sign (4'x4') v Directional signs
Banner hanging i./ Indicate dates required ~ &J~s p~tL
(Waiver required if more than one (1) week prior to even!)
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 ApIN,~ S- Vf:'1D~
no
no
no
no
no
no
........
V"'.
~
no
28,
Health Department approval: (see attached) yes ~ __
Other vendors: yes v
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)
no
no ./
no V
29.
/'
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 V no
(If yes, locate on-site map. If no, indicate how you will handle restroom
need~ ~
Will there be a charge for the event? yes no V
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
yes
30.
31.
no /'
no
32.
33.
34,
,/'
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
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
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 $
Site map ~
Budget ()IAI O~
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval lZ/
501 c(3) or (d) certificate or letter..A.a.e
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
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ROOTS Cultulal feutival.. Inc
PROJECTED EXPENSES
RECEiVEr
IU' 1~1
.; If 1 3
J~s"
CiTy I"~,\-
VII I\J [;
SUMMER DAYS OF ROOTS 2006 Budget
BASKETBALL (Youth)
Insurance
Facilities Layout
Advertising
June 13,14, 2006
Printed materials (including entry materials)
RadiolT elevision
Staff
Tournament Director
Referees
Scorers/timers
Volunteer Coordinator
Ticket Sales
Concessions Employees
OJ
Ticket Sales (Wrist Bands)
Concessions (Purchase for sale)
Ice
Garbage bags, napkins, plates, foil, etc
Postage
Trophies
Clothing Items
Jersey
Uniform
T-shirts (Volunteer and Staff)
Basketballs, whistles, scoreboards
(3-days@ $75per day)
(3-days, 2 per, $8 ph, 4hr per day)
(3-days 8 per, $10 ph, 4hr per day)
(10 balls, 4 whistles, 2 flip boards)
Total Estimated Cost
ACADEMIC OLYMPICS
AudioNideo
Insurance
Advertising
July 22, 2006
Printed materials
RadiolTelevision
Printed materials for execution
Trophies/Medals
Judges
Refreshments (popcorn, snacks, water, cookies, crackers, juice boxes)
Maintenance
Give-a-ways (gift bags, books, pens, pencils, videos, etc)
Scholarships
Fans
Coolers
cups, napkins, plates
Postage
Ice
$ 2,300.00
$ 2,000.00
$ 1,500,00
$ 1,000,00
$ 600.00
$ 1,100,00
$ 350,00
$ 225.00
$ 192.00
$ 960,00
$ 200.00
$ 110,00
$ 500.00
$ 500.00
$ 150.00
$ 200.00
$ 550.00
$ 1,200.00
$ 300.00
$ 860.00
$ 600,00
$ 13,097.00
$ 1,000,00
$ 2,000.00
$ 250,00
$ 260.00
$ 300.00
$ 600,00
$
$ 250.00
$ 2,000.00
$ 300.00
$ 2,500.00
$ 120.00
$ 60,00
$ 60.00
$ 120.00
$ 150,00
Total Estimated Cost $ 9,970.00
2006 ANNUAL ROOTS PARADE August 12,2006
City Ordinance/License $ 500.00
Banners, Lamp post banners, Posters $ 3,000.00
Total Estimated Cost $ 3,500.00
FUN DAY at POMPEY
AudioNideo
OJ speaker set $ 1,600.00
Projector (inside) $ 1,000.00
Video documentary $ 1,500.00
Insurance $ 2,300.00
Advertising
Printed materials $ 600.00
Radiorrelevision $ 1,000,00
Staff
Volunteer Coordinator $ 100.00
OJ $ 800.00
Security $ 3,000.00
City License $ 200.00
Golf carts, radios, badges, etc $ 2,400.00
Refreshments
Burgers, hotdogs, $ 250.00
Soft drinks $ 200,00
Water $ 200,00
Ice $ 600.00
Fruit $ 150.00
Condiments, Snacks $ 150.00
Board Games $ 160.00
Outdoor Equipment $ 150.00
Catering staff $ 2,000.00
Maintenance $ 3,000.00
Garbage bags, napkins, cutlery, cups $ 250.00
Total estimated Cost $ 21,360.00
INDEPENDENT ROOTS July 29, 2006
Insurance $ 1,000.00
Advertising
Printed Materials (programs) $ 600.00
RadiolT elevision $ 600,00
SignagelPosters $ 450.00
Refreshments (popcorn, juice, water) $ 250,00
Staff
Volunteer Coordinator $ 100.00
Concessions deployment (2 per, @$10 phr, 6 hours) $ 120.00
Registration $50
T&E for guest speakers $ 1,000,00
Video Equipment (Documented by teens) $ 1,500.00
Gift bags, give-a-ways $ 300,00
Postage $ 300.00
Total Estimated Cost
BASKETBALL (Adult)
Insurance
Advertising
August 4-6, 2006
Printed materials (including entry materials)
Radiorrelevision
Staff
Referees
Scorers/timers
Volunteer Coordinator
Ticket Sales
OJ
Concessions Employees (3-days 8 per, $10 phi 4hr per day)
Ticket Sales (Wrist Bands) (includes coach laminates)
Concessions (Purchase for sale)
Ice
Garbage bags, napkins, plates, foil, etc
Security
Postage
Clothing Items
Jersey
Uniform
T-shirts (Volunteer and Staff)
T-shirts (Participants)
Basketballs, whistles, scoreboards
(3-days@ $75per day)
(3-days, 2 per, $8 ph, 4hr per day)
(10 balls, 4 whistles, 2 flip boards)
Total estimated Cost
FESTIVAL ON THE SQUARE
Venue Rental
Insurance
Security
AudioNideo
Festival Application
Advertising
August 12, 2006
Printed Materials
Radiorr elevision
Posters/Banners
Concessions (Purchase for sale)
Ice
Garbage, Napkins, Plates, Foil, etc
Golf Carts, radios, badges, etc
Stage items
Staff
Registration person
Volunteer coordinator
Concessions Sales (6 per, $10 phr, 5 hr)
Decorations
Waste Management
S 6,270.00
$ 2,500,00
$ 1,500.00
$ 1,000.00
$ 2,000.00
$ 455.00
$ 225.00
$ 192.00
$ 600.00
$ 960,00
$ 170.00
$ 500.00
$ 500.00
$ 150.00
$ 3,000.00
$ 200.00
$ 1,200.00
$ 300,00
$ 300.00
$ 300.00
$ 600,00
S 16,652.00
$ 5,000.00
$ 2,000.00
$ 6,000,00
$ 4,500.00
$ 200.00
$ 600,00
$ 5,000.00
$ 500.00
$ 500.00
$ 800.00
$ 250.00
$ 2,500.00
$ 2,000,00
$ 100.00
$ 100.00
$ 300.00
$ 750.00
$ 1,825,00
Talent $ 20,000.00
T&E for Talent (catering, car, Hotel (if applicable) $ 4,000,00
TicketsJWristt (commemorative for Roots) $ 800,00
T-shirts $ 600,00
Barrier rentals $ 300.00
Total Estimated Cost $ 58,625.00
TENNIS October TBD
Insurance $ 2,000,00
Advertising
Printed materials (including entry materials) $ 800.00
RadiolT elevision $ 500.00
Staff
Line Judges $ 1,000.00
Volunteer Coordinator (2-days@ $75 per day) $ 225.00
Ticket Sales (2-days, 2per, $10 ph, 4hr per day) $ 160.00
Concessions Employees (2 days, 2per, $10 ph, 4hr per day) $ 160,00
Ticket sales (wrist bands) $ 300.00
Postage $ 200,00
Concessions (Purchase for sale) $ 200,00
Ice $ 250.00
Garbage bags, napkins, cups, ete $ 150,00
Trophies $ 1,100,00
Clothing Items
T-shirts $ 450.00
Equipment
Tennis Balls $ 277.00
Totals Estimated Cost $ 7,772.00
TOTAL COST OF SUMMER DAYS CAMPAIGN $ 137,246.00
PROJECTED REVENUES
Admissions (Total for all events) $ 10,000.00
Grants (Includes the generous contributions from the City and County) $ 40,000.00
Sponsorships (national) $ 60,000.00
Concession $ 16,000.00
Vendors $ 6,000.00
Donations $ 6,000.00
TOTAL REVENUES FROM SUMMeR DAYS CAMPAIGN $ 138,000.00
ROOTI Oultural r."IYcal. IAo
THEME 2006:
The following is the theme for this years' summer range of activities:
UJIMA - Collective Work and Responsibility
- Committed to build and maintain our
community by working together to shape the
future
Root, Cultural re/tival
The following is fist of proposed dates and activities for the Roots Cultural Festival 2006
Summer Days of Roots programs. Our goal is to begin celebrating the entire community
that has supported us as we head into our 30 year (2008) of operation. The concepts
are in-line with our dedicated focus on increasing the awareness of the programs that we
have and continue to produce and at the same time cut cost and tune-up on the lasting
effect and efficiency of our organization.
*CoronationlDedication
*Basketball (Youth)
* Academic Olympics
*Roots Day of Independent Film
*Play at Old School Square
*Basketball Tournament
*Family Day in Pompey
*Youth Gospel program
*Heritage Parade
*Gospel on the Square
Coronation/Dedication
Date - June 16, 2006
Install new King and Queen of Roots
Local venue such as City Hall, Delray Library, Old School Square, or business
like Salon 301, etc
Basketball (Youth) l 2
Date - July 13,14,2600 Ju... L{2 1 ( 2.-2. I' 3; L D00
Pompey Park
Run in the same fashion as the past
Academic Olympics
Date - July 22, 2006
Combine the opening ceremony and competition to be done over 1 day
Contest and Awards for all activities can be combined into Summer's end
ceremony
The Covenant with Black Amerit
- Date - Jtlly 26, 2886 J\IL. , 2 LJ,2 o{)(o oJ 10 ptr'\
- Held in the Delray Beach Ch mber
Conducted by the youth
Highlights will include bridge the ge...,eration gap for a better community and
world at large
Roots Day of Independent FiliJ' DO ' I ' 1-:
- Date - July 29, 2006 . ().fl)'''''' ~ p,t..(,
Delray Beach Public Library
Import films from H20 Odyssey Festival which is a nationwide program that
attracts young .urbanu children to the world of Indie Film
6 Hours of independent films showcasing pop culture content (Music fashion,
entertainment et al)
1
Root, Cultural re,tival
All film content is free to use, sell popcorn for .50 cents and water/soda for 1
dollar (if allowed in the library)
Vibe Magazine can donate magazines and possible items for distribution
Play at Old School Square
Date - July29, 2006
Old School Square
Talent and Play already set
Basketball Tournament
Dates - August 4, 5, 6, 2006
Pompey Par1<
Produced in the same fashion as before
If we can secure sponsorship dollars to produce, make the qualifying rounds free
to view
Sell concessions
Family Day in Pompey
Date - August 5, 2006
Pompey Park
Indoor and outdoor activities for the community
o Swimming with OJ
o Outdoor sports such as Kickball, softball, basketball, etc
o Refreshments for sale (water, soda, juices, hot dogs chips and candy)
o Cards, Dominoes, Scrabble and other board games indoor
o Screen a Children's Movie in the gym (Disney's Lion King, etc,.)
Free day produced in conjunction with local business owners (Salon 301, Mike's
Community stores etc)
Invite the city to be a sponsor and donate security, safety, etc
Promote by using churches (suggest teams for team sports) and youth
ambassadors like the Ted Center programs
Sun Sentinel and Palm Beach Post should be interested in this outing and our
commitment to a unified Delray
Youth Gospel Program
Date(s) August 7 - 11, 2006
Pompey Par1<
Children workshops dedicated to the grand production of a gospel performance
Heritage Parade, Prayer Breakfast,and Health ~reeninQ '\
- Date - August 12, 2006 pi '-I pM ( PO-Ie CA.cA e )
Atlantic Avenue, Pompey Par1<
Use the momentum and promotion to keep community attracted to the Gospel
activities later that evening
Gospel on the Square
- Date - August 12, 2006 oJ (p I'M.
Old School Square
Free to audience to cut fencing and security cost
Chair rentals ($3)
Concessions
2
Root, Cultulal fe/tival
Local churches (local meaning south Florida and Delray)
Possible national talent
Establish Roots immediately and the premier Black organization in Delray Beach
3
61<
mu{
TO:
THRU:
FROM:
SUBJECT:
OR OF PLANNING & ZONING
The action requested of the City Commission is initiation of Comprehensive Plan
Amendment 2006-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be
formally initiated by the City Commission.
By Florida State Statutes, the City is allowed to process two Comprehensive Plan
amendments each year. This amendment represents the first amendment for the year
2006. The amendment includes six (6) City initiated Future Land Use Map Amendments,
two (2) privately initiated Future Land Use Map Amendments, and six (6) text changes,
including provisions for the new "Congress Avenue Mixed Use" designation. A brief
description of each item suggested for inclusion in the Plan Amendment is listed below:
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
o Future Land Use Map amendment for approximately 20 acres, expanding the
boundaries of the privately initiated Future Land Use Map amendment for the O. C.
Taylor Dealership property to include the remaining area between NE 4th Street and
George Bush Boulevard, extending from the FEC Railroad to approximately % block
east of NE 6th Avenue. The current designation is GC (General Commercial) and the
proposed designation is CC (Commercial Core).
o Future Land Use Map amendment to create a new CMU (Congress Avenue Mixed
Use) Land Use designation along the Congress Avenue corridor, between Atlantic
Avenue and the South City limits. The current designations include CMR (Commerce),
TRN (Transitional), GC (General Commercial) and CF (Community Facilities);
o Future Land Use Map amendment to assign a City Future Land Use Map designation
concurrently with the annexation of the "Breezy Acres" subdivision, containing
approximately 8.4 acres of property located north of the L-34 Canal, on both sides of
Markland Lane. The current County Land Use Map designation is MR-5 (Medium
Density Residential, 5 units per acre) and the proposed City designation is LD
(Residential Low Density 0-5 du/ac);
q~
City Commission Documentation
Initiation of Plan Amendment 2006-1
Page 2
D Future Land Use Map amendment to assign a City Future Land Use Map designation
concurrently with the annexation of "The Enclave" subdivision, containing
approximately 17 acres of property located between West Atlantic Avenue and the L-34
Canal, west of Markland Lane. The current County Land Use Map designation is MR-5
(Medium Density Residential, 5 units per acre), in part and HR-12 (High Density
Residential, 12 units per acre), in part. The proposed City designation is MD
(Residential Medium Density 5-12 du/ac);
D Future Land Use Map amendment to assign a City Future Land Use Map designation
concurrently with the annexation of "Devco Plaza", containing approximately 2 acres of
property located at the southwest corner of West Atlantic Avenue and Markland Lane.
The current County Land Use Map designation is CH-5 (Commercial High with an
underlying High Residential, 5 units per acre) and the proposed City designation is GC
(General Commercial); and
D Future Land Use Map amendment to assign City Future Land Use Map designations
concurrently with the annexation of approximately 13 acres of property located west of
Barwick Road, north of the L-31 Canal. The current County Land Use Map designation
is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City
designation is LD (Residential Low Density 0-5 du/ac), in part and MD (Residential
Medium Density 5-12 du/ac), in part.
PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENTS:
D Future Land Use Map amendment for the O. C. Taylor Dealership property, containin~
approximately 3.2 acres, located south of George Bush Boulevard, between the NE 5t
and NE 6th Avenues (Federal Highway one-way pairs) and east of NE 6th Avenue from
GC (General Commercial) to CC (Commercial Core); and
D Future Land Use Map amendment for approximately 8.8 acres, located on Depot Road,
east of the CSX Railroad from IND (Industrial) to CMR (Commerce).
TEXT AMENDMENTS:
D Future Land Use Element - Addition of a description for the new Congress Avenue
Mixed Use designation, including provisions for maximum densities and intensities,
workforce housing and a transit-oriented development overlay near the tri-rail station;
D Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the
new Congress Avenue Mixed Use designation;
D Future Land Use Element - Modification of Policies A-7.1 and A-7.2 to include the
provision of workforce housing in the Congress Avenue Mixed Use designation;
D Future Land Use Element - Modification of Policy A-7.4 to increase the time period for
which workforce housing units, constructed under the Family/Workforce Housing
Program, shall remain affordable from 30 to 40 years;
D Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the
potential for automobile dealerships between NE 5th Street and George Bush
City Commission Documentation
Initiation of Plan Amendment 2006-1
Page 3
Boulevard. This text amendment is privately initiated in concert with the O. C. Taylor
Dealership Future Land Use Map Amendment; and
o Future Land Use Element - Modification of the description of the Commerce FLUM
designation to include provisions for residential development within a designated
overlay district, subject to the provision of workforce housing. This text amendment is
privately initiated in concert with the Depot Road property Future Land Use Map
Amendment.
The tentative schedule for processing Plan Amendment 2006-1 is as follows:
June 19, 2006 Initiation by Planning and Zoning Board
July 11, 2006 Initiation by City Commission
July 17, 2006 Planning and Zoning Board Public Hearing
August 1, 2006 City Commission Transmittal Public Hearing
October 9, 2006 Receipt of ORC Report
November 20, 2006 P&Z Adoption Hearing (ORC Response)
December 19, 2006 City Commission adoption
The Planning and Zoning Board considered the initiation request at its meeting of June 19, 2006,
There was no discussion by the public and the Board unanimously recommended approval by a
6-0 vote (Halberg absent).
By motion, approve the initiation of Comprehensive Plan Amendment 2006-1, containing the
material stated in this staff report.
Attachment:
. Location Maps for proposed FLUM amendments
s:\planning & zoning\longrange\comp\amend 06-1\06-1 cc initiation,doc
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FUTURE LAND USE MAP AMENDMENT
DEPOT ROAD PROPERTY
MAP REF, LM9S0
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGERt1f1
SUBJECT: AGENDA ITEM #C\ t= - REGULAR MEETING OF JULY 11, 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JULY 7,2006
Attached is the Report of Appealable Land Use Items for the period June 19, 2006 through July 7, 2006.
It informs the Commission of the various land use actions taken by the designated boards that may be
appealed by the City Commission.
The Environmental Services Department is requesting that the City Commission appeal the Site Plan
Review and Appearance Board's decision on Condition 5 regarding Eagle Park.
Recommend that the Commission appeal Condition 5 regarding Eagle Park and review the remaining
appealable actions for the period stated. Receive and file the report as appropriate.
S:\City Clerk\agenda memos\apagmemo 071106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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FROM:
David T. Harden, City Manager /J C~
Richard C. Hasko, P .E" Environmental Services Director cr-
TO:
SUBJECT: APPEAL OF EAGLE PARK SPRAB APPROVAL CONDITIONS
DATE:
July 5, 2006
At the June 28, 2006 Site Plan Review and Appearance Board (SPRAB) meeting, a Class V site plan
and landscape plan was presented to the Board for consideration. After discussion and public input,
the site plan was approved with a number of conditions (meeting minutes attached). Among the
conditions of approval are a requirement to reconfigure the existing rectangular retention pond to a
more curvilinear shape.
Staff is requesting direction from Commission in the form of an appeal of these SPRAB conditions
on the following basis:
. Three alternative site plans were previously prepared and reviewed with Commission,
including one layout reflecting modifications to the retention pond resulting in a freeform
configuration. The alternative layout that was selected was one that proposed no
significant modifications to the existing retention pond due in part to the additional cost
for excavation and regrading. Reverting to a freeform lake modification now has the
potential of inflating site construction costs significantly.
. In order to maintain project schedules on all Parks Bond projects, we have directed our
consultants to proceed with final design while the site plan review process proceeds. We
understood that some minor revisions might be necessary depending on conditions of
SPRAB approval. We have been able to accommodate all SPRAB conditions of approval
on the Parks Bond projects with no significant scheduling or cost impacts to date. The
condition attached to this approval for revising the lake configuration will require redesign
and permitting, both of which activities will result in significant project delays,
If this approval condition remains, we anticipate an eight to ten week project delay and potential cost
increase between $50,000 and $100,000 depending on the amount of additional earthmoving and
regrading required,
Cc: Randal Krejcarek, P.E., City Engineer
Jill Skaggs, P,E" Asst. City Engineer
Paul Dorling, Planning & Zoning Director
MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH
DELRA Y BEACH. FLORIDA
REGULAR MEETING
LOCATION:
JUNE 28, 2006
CITY COMMISSION CHAMBERS
MEETING DATE:
I. CALL TO ORDER:
Chairman Cope called the meeting to order at 6:03 P.M, Upon roll call it was
determined that a quorum was present.
MEMBERS PRESENT:
Chairman Roger Cope, Dan Carter, Jose Aguila, Mark
Gregory, Christina Morrison, Andrew Youngross
MEMBERS ABSENT:
Connor Lynch
STAFF PRESENT:
ALSO PRESENT:
Estelio Breto, Loretta Heussi
Mr. Brian Shutt, Assistant City Attorney
Ms. Loretta Heussi, Board Clerk swore in all witnesses who wished to give testimony on
these items.
Chairman Cope asked the Board to disclose their ex parte communications,
All the Board members stated that they had received an e-mail regarding Park Place
North at Defray Beach, and a telephone call from Jeff Costello regarding CODA.
Also, Mr, Youngross stated that he is the Electrical Engineer for Item III.G., CODA, and
would be stepping down from the dais.
Chairman Cope read the City of Delray Beach procedures for Quasi-Judicial Hearing for
all the items on the Agenda,
II. APPROVAL OF MINUTES
Mr. Gregory moved to approve the Minutes of the Regular Meeting of June 14, 2006,
seconded by Mr, Carter.
Said motion passed with a 6 to 0 vote,
III. MISCELLANEOUS
A. Eaale Park: East side of Coral Trace Boulevard. Approximatelv 550 feet
north of Atlantic Avenue: Class V: Jill Skaaas. Authorized Aaent.
Chairman Cope opened the Quasi-Judicial Hearing,
Mr. Estelio Breto, Senior Planner entered the file into the record and presented
the item to the Board. The development proposal consists of the following:
. Construction of a 5-foot wide concrete pathway, pavilion, tot lot, and benches;
. Reconfiguration of the existing median cut along Coral Trace Boulevard to
allow for u-turns;
. Construction of 12 parallel parking spaces along Coral Trace Boulevard; and
. Installation of associated landscaping.
Mr, Breto highlighted the site plan, landscape plan, architectural elevations,
required findings, and the conditions of approval that needed to be addressed,
per the detailed staff report. The bicycle rack has been provided,
Mr. Kirk Olney of RMPK Group gave a detailed overview of the proposed
neighborhood park and highlighted the pathway, pavilion, tot lot, benches,
practice field, retention pond, and the landscaping.
Public Comments:
Ms. Alice Finst, 707 Place Travant representing Ms. Kathy Weigel, Principal at
Atlantic High School commented that the walk path seems to dead-end. She
was concerned with the safety of the kids walking on the path while the practice
field is in use and felt a fence should be installed. Coral Trace Boulevard is a
very narrow street and parking would be dangerous when getting out of your car,
She inquired if there where any gates. She wanted to know if they where going
to close off the entrance to Temple Sinai. Felt that the retention pond could be
cleaned up and made more attractive. Felt two gates to the entrance field should
be provided on the north and east side,
Mr, Kirk Olney addressed several of Ms. Finst's concerns.
The Board discussed the following issues/concerns:
. Widening the pathway to 6 foot.
. Retention pond needs to be reshaped and have a natural shape.
. Shade trees (canopy) needed in the tot lot area.
It was moved by Mr, Carter, seconded by Mr. Aguila to approve the Class V site
plan approval for Eagle Park, 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(F)(5) and
Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1, Address all Site Plan and Engineering Technical Items and submit four (4)
copies of the revised plans,
2. That the pathway is increased to 6 feet wide.
3. That a bicycle rack be provided, which has already been provided on the
plans.
4. That the applicant, coordinate with Atlantic High School for pedestrian access
from Atlantic Avenue to the park.
5. That the retention pond be reshaped to a more natural curvilinear form as
opposed to the rectangular form that is presently shown,
Said motion passed with a 6 to 0 vote,
It was moved by Mr. Agulia, seconded by Mr, Carter to approve the landscape
plan for Eagle Park based on positive findings with respect to Section 4,6,16 of
the Land Development Regulations, subject to the following conditions:
1. That the trees in the tot lot be changed to a minimum of six (6) canopy trees
with the species to be determined and approved by the City Horticulturist.
Said motion passed with a 6 to 0 vote.
It was moved by Mr. Gregory, seconded by Mr. Youngross to approve the
proposed elevations for Eagle Park based on positive findings with respect to
LDR Section 4.6.18(E).
Said motion passed with a 6 to 0 vote.
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DAVIl!.iY~~GER
PAUL {O~L1NG. DIREC~ ~F PLANNING AND ZONING
JASMIN ALLEN, PLANNER' .Yb~~./l tltl'{1
MEETING OF JULY 11, 20o/*CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS JUNE 19,2006 THRU JULY 7, 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 June 19, 2006 through July 7, 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 appealable items were considered by the Planning and Zoning Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
. Recommended approval with conditions (6 to 0, Chuck Halberg absent), of an abandonment of a
portion of an improved north-south alley right-of-way within Block 76 of the Plat of the Town of
Linton (now Delray) lying north of East Atlantic Avenue, between NE 1st Avenue and NE 2nd
Avenue.
. Recommended approval (6 to 0) of a conditional use request associated with the partial
demolition and reconstruction of a new private beach club within the RM (Medium Density
Residential) district for the Seagate Beach Club, located on the east side of Ocean Boulevard,
between Casuarina Road and Bucida Road. The Board considered several waivers and special
actions as follows:
o Recommended to the City Commission denial (4 to 2), of a waiver request to provide one
handicap parking space instead of the required two handicap parking space adjacent to the
valet queue,
o Recommended to the City Commission approval (6 to 0), of the waiver to eliminate the
required 10 foot perimeter landscape buffer consisting of a hedge and trees 30 feet on
center between the valet queue and the property line,
o Motion for approval produced a 3 to 3 vote (effectively a non-vote) on the request to
recommend to the Site Plan Review and Appearance Board a reduction on the length of the
valet drop-off queuing from 100 feet to 75 feet.
City Commission Documentation
Appealable Items Meeting of July 11, 2006
o Recommended to the Site Plan Review and Appearance Board denial (6 to 0) for a special
action to allow a reduction of 12 spaces.
. Recommended approval (6 to 0), of an amendment to the Land Development Regulations Article
4.7 "FamilylWorkforce Housing" to address density bonus program for the Southwest
Neighborhood Overlay District, Carver Estates Overlay District and the infill workforce housing
area; to provide the same number of bonus units for sale and rental units; to allow first right of
refusal to the Community Land Trust; and, to provide that the proportion of "for sale" to "for rent"
units need not be proportional if 20% of the units for sale are workforce units for projects receiving
funding under Florida Housing Finance Corp Housing Credit or SAIL programs.
. Recommended approval (4 to 2, Paul Zacks and Diane Borchardt dissenting), of an amendment
to the Land Development Regulations by repealing Section 4.6.19 "Tree Protection" and Section
2.4,6(E) "Tree Removal Permit" and enacting a new Section 4.6,19 "Tree Ordinance" to provide
for the regulation, pruning and preservation of trees including historic trees; establishing land
clearing and tree removal regulations and permit fees as well as the establishment of a tree trust
fund; and, amending Appendix A "Definitions" to provide for definitions for various terms related to
trees.
. Recommended approval (6 to 0) of a combined preliminary and final plat for a 0.672 acre site to
be platted as DHBH #1 Plat, located at the northeast corner of East Atlantic Avenue and NE 1st
Avenue.
. Recommended approval (6 to 0), of the initiation of Comprehensive Plan Amendment 2006-1.
A. Approved with conditions (6 to 0), the Class V site plan, landscape plan and architectural
elevation plans for Eagle Park, located on the east side of Coral Trace Boulevard, north of West
Atlantic Avenue (an appeal of conditions of approval is recommended by staff),
B. Approved (5 to 1, Roger Cope dissenting), a Class I site plan modification to replace the steeple
for Seacrest Presbyterian Church, located at the southeast corner of Sea crest Boulevard and
Gulf Stream Boulevard (2703 North Seacrest Boulevard).
C. Approved with conditions (6 to 0), a Class I site plan modification associated with the installation
of a new storefront window for 12 NE 4th Avenue, located at the northwest corner of NE 4th
Avenue and East Atlantic Avenue,
D. Approved with conditions (6 to 0), a Class I site plan modification associated with the renovation
of a guardhouse for Rainberry Lakes, located at the intersection of Lake Ida Road and Rainberry
Lakes Drive.
E. Approved (5 to 1, Christina Morrison dissenting), a Class I site plan request associated with the
installation of a retractable entrance awning for Making Waves, located on the east side of NE 2nd
Avenue, north of East Atlantic Avenue (9 NE 2nd Avenue).
F, Tabled with direction (6 to 0), a Class II site plan modification to allow the installation of an
entrance gate and call box and a waiver to reduce the stacking distance for Valencia Court,
located on the north side of Old Germantown Road and Copley Place.
2
City Commission Documentation
Appealable Items Meeting of July 11 , 2006
G, Approved (5 to 0, Andrew Youngross stepped down), the architectural elevation plans for the
mixed-use building and a revised color scheme for the townhouse buildings for Coda, located on
the south side of SW 1st Street between SW 1st Avenue and SW 2nd Avenue.
H. Approved with conditions (4 to 2, Dan Carter and Christina Morrison dissenting), a Class IV site
plan for Gramercy Square, associated with the construction of a 38-unit townhouse
development, located on the west side of Military Trail, 300 feet south of West Atlantic Avenue,
Concurrently, the Board approved the landscape plan (5 to 1, Dan Carter dissenting) and the
architectural elevation plan (6 to 0), The Board also considered the following waivers:
. Recommended approval to the City Commission a reduction in the minimum pavement width
of the interior roadway from 24 feet to 20 feet.
. Approved a reduction in the required landscape barrier between the common lot line and the
vehicular use area from 5' to 2'
Approved with conditions (6 to 0), a Class V site plan and landscape plan for a mixed-used
development 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 development proposal includes
45 dwelling units, 6,435 sq, ft. of retail floor area and 35,647 sq. ft of office floor area. The Board
approved the architectural elevation plan for the residential building and tabled the architectural
elevations for the mixed-use building.
The Board also approved the following waivers:
. Reduced the required stacking distance from 100 feet to 96 feet in advance of the security
gates.
. Permitted the maximum 15' setback to be exceeded to 66' for the northern townhouse and 88'
7" for the southern townhouse.
1. Approved (4 to 0, Maura Dersh, Randee Schatz and Francisco Perez-Azua absent), a request for
a Certificate of Appropriateness associated with additions to a contributing structure for Sloan
Hammock, located on the west side of SE 7'h Avenue, south of SE 1st Street (106 SE 7'h Avenue)
2, Approved (4 to 0), a request for a Certificate of Appropriateness associated with the construction
of a 712 sq. ft. one-story addition and a 438 sq, ft. covered patio to the rear of a contributing
structure located at 314 North Swinton Avenue (west side of North Swinton Avenue, north of
NW 3rd Street).
By motion, receive and file this report.
Attachment: Location Map
3
CI7Y OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JUL Y 11, 2006
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER V?V1
AGENDA ITEM # q G - REGULAR MEETING OF JULY 11. 2006
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE
TO:
SUBJECT:
DATE:
JULY 7, 2006
The 80th Annual Conference of the Florida League of Cities will be held at the Hyatt Regency Hotel in
Jacksonville, Florida on August 10-12, 2006.
The League encourages each member city to send as many delegates as possible to the conference,
and also requests that each city designate one of its officials to cast votes at the annual business
session. League by-laws require that each city select one person to serve as the city's voting delegate.
Last year Commissioner Rita Ellis was selected as the voting delegate. The Mayor, a Commissioner,
or the City Manager may be designated to serve in this capacity.
Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at
the annual business session of the Florida League of Cities.
S:\City Clerk\agenda memos\CM FLC Voting Delegate 071106
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FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
TO:
Municipal Key Official
RECEIVED
JUN 9. - 2006 .
CITY MANAGER
FROM:
Michael Sittig, Executive Director
DATE:
June 5, 2006
SUBJECT: 80TH Annual Conference-Florida IS Her Cities!
VOTING DELEGATES AND RESOLUTION INFORMATION
August 10-12,2006 Jacksonville Hyatt Regency
As you know, the Florida League of Cities' Annual Conference will be held at the Hyatt
Regency Hotel in Jacksonville, Florida on August 10-12. This year's theme, Florida IS
Her Cities will provide valuable educational opportunities to help Florida's municipal
officials serve their citizenry more effectively.
It is important that each municipality designate one person to be the voting delegate,
Policy development, election of League leadership and adoption of resolutions are
undertaken during the business meeting. One official from each municipality will make
decisions that determine the direction of the League.
In accordance with the League's by-laws, population determines each municipality's
vote, and the League will use the Estimates of Population from the University of Florida
for 2005.
Registration materials have already been sent to each municipality. Call us if you need
additional copies. We have attached the procedures your municipality should follow for
presenting resolutions to the League membership. If you have any questions on voting
delegates, please call Gail Dennard at the League Suncom 278-5331 or (800) 616-1513,
extension 256. If you have questions regarding resolutions, please call Allison Payne at
Suncom 278-5331 or (800) 616-1513, extension 116. The League must receive
resolution forms no later than July 8, 2006 and the League must receive Voting delegate
forms no later than July 20, 2006,
RECEIVED
J U L - 3 2006
CITY CLERt<
Attachments: Form Designation Voting Delegate
Procedures for Submitting Conference Resolutions
President Julio Robaina, Mayor, Hialeah
First Vice President Rene Flowers, Council Vice Chair, St. Petersburg + Second Vice President Frank Ortis, Mayor, Pembroke Pines
Executive Director Michael Sittig + General Counsel Harry Morrison, Jr.
80th Annual Conference
Florida League of Cities, Inc.
August 10-12, 2006
Jacksonville, Florida
It is important that each municipality sending delegates to the Annual Conference ofthe
Florida League of Cities, designate one oftheir officials to cast their votes at the Annual
Business Session, League By-Laws requires that each municipality select one person to
serve as the municipal voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.
Deshmation of V otine: Delee:ate
Name of Voting Delegate:
Title:
Municipality:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 80th Annual Conference
Hyatt Regency Hotel, Jacksonville, Florida
August 10-12, 2006
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the
League office by July 5, 2006, to guarantee that they will be included in the
packet of proposed resolutions that will be submitted to the Resolutions
Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the
League office and distributed to members of the Resolutions Committee.
(Whenever possible, multiple resolutions on a similar issue will be rewritten
to encompass the essential subject matter in a single resolution with a listing
of original proposes.)
(3) Proposed resolutions may be submitted directly to the Resolution Committee
at the conference; however, a favorable two-thirds vote of the committee will
be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present will be required for adoption.
(5) Proposed resolutions relating to state le2islation will be referred to the
appropriate standing policy committee. Such proposals will not be
considered by the Resolutions Committee at the conference; however, all
state legislative issues will be considered by the standing policy committees
and the Legislative Committee, prior to the membership, at the annual
Legislative Conference each fall. At that time, a state Legislative Policy
Statement will be adopted.
Municipalities unable to formally adopt a resolution before the deadline may submit
a letter to the League office indication their municipality is considering the adoption
of a resolution, outlining the subject thereof in as much detail as possible, and this
letter will be forwarded to the Resolutions Committee for consideration in
anticipation of receipt of the formal resolution.
Important Dates
May 30. 2006
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
June 30
Appointment of Resolutions Committee Members
July 5
Deadline for Submitting Resolutions to the League office
July 20
Deadline for Submitting Voting delegate forms to the League office
Aue:ust 10
League Standing Committee Meetings
Resolutions Committee Meetings
Voting Delegates Registration
Aue:ust 12
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~lft'1
AGENDA ITEM # q \\ - REGULAR MEETING OF TUL Y 11. 2006
"
APPOINTMENT TO THE BOARD OF ADTUSTMENT
-
SUBJECT:
DATE:
JULY 7, 2006
At the City Commission meeting of May 2, 2006, Mr. William Branning was appointed to the
Community Redevelopment Agency, This creates a vacancy on the Board of Adjustment for an
alternate member to serve an unexpired term ending August 31, 2007.
To qualify for appointment, a person shall be either a resident of or own property in the city, and/or
own a business within the city.
The following individuals have submitted applications and would like to be considered for
appointment:
Sara Coen
Bernard Federgreen
(also applying for the Education Board; currendy serving on
the Code Enforcement Board and the Neighborhood
Advisory Council)
Gerald Franciosa
(also applying for the Downtown Development Authority,
Delray Beach Housing Authority, Education Board, Civil
Service Board, and the Public Art Advisory Board)
George Thacker
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered,
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3)
for one (1) alternate member to serve an unexpired term ending August 31,2007.
Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired
term ending August 31, 2007.
08/05
BOARD OF ADJUSTMENT
TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
08/31/2007 Bryce Newell Realtor Cell: 843-3311
Reappt 08/16/05 280 NE 2nd Avenue Home: 278-3068
Unexp Appt 04/19/05 alt Dekay Beach, FL 33444 Office: 900-9000
08/31/2006 Me! Pollack Director-Special Home: 272-7618
AIt Appt 08/19/03 800 North Ocean Blvd #1 Projects Cell: 213-1990
Reg appt 01/06/04
RewDt08/03/04 Dekay Beach, FL 33483
08/31/2006 Clifton Miller Retired General Home 499-4899
Unexp Appt 10/05104 all 4691 Hammock Circle Contractor
Unexp Appt 04105/05 reg Dekay Beach, FL 33445
08/31/2006 Harvey Starin Realtor Home: 272-1665
Alt appt 01/13/04 3596 Admirals Way Office: 272-7100
Reg Appt 08/03/04 Dekay Beach, FL 33483 Cell: 665-0900
08/31/2007 Lisa Shaheen Marketing/Public Home: 637-5776
Unexp Appt03/01/05 3415 Lakeview Blvd. Relations Office: 865-4415
Re-appt 08/16/05 Dekay Beach, FL 33445 Cell: 305-772-3328
ALTERNATE'S
08/31/2007 Sigurdur Hardester Manager Home: 638-4088
Appt 10/05/04 unexp 4308 Lakewood Drive Office: 923-1856
Re-appt08/16/05 Dekay Beach, FL 33445 Cell: 706-9096
Fax: 877-627-8006
08/31/2007
Unexp Appt Vacant
Contact: Venice Cobb x-7056
Send Agenda to: George Diaz, Brian Shutt & Donna Quinlan
Fax final Board Order to Chair Person for signature
Copy of approved minutes to Donna Quinlan & George Diaz.
SICity ClerkIBoard 06!Board of Adjustment
PI
MAY-2S-06 THU 09:33 A~~IOVANELLI
OElRAYB'EACH FIVY.' -:;J0t.- "d-L( 3 J31--T .
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CITY OF DELRA Y BEACH RECE
BOARD MEMBER APPLICATI0Nt-1A~,14 tnn6
crr'l GLE~"
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561 278 7187
P_"'11
*****
'fifr
1993
2001
ease type or pont the following infomutl.on:
1. Last N a.rne: -....-. .
0QE.N Na.rue SA-Kt:r
2. Home. Address: q~ AVe City CELRRy BEACH Stilte FI
120',) AlE
3, Legal Residence.: City -
'/' State
SA}/te::
4, Principal Business Address: City State
--
S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
?bf)J1-8-80( 3>
6. Arc you a registered voter? YeS If so, where :u:e you z:egistez:ed? ~L AA Y
-
7, \Vlnt Board(s) are you interested in serving? Please list in order of preference: PLANNiNG- .1--.. Z
S;';fe P LI\. N ReVlE \)if ANi) A~R::: A P.J\ N C€ 8:,1) of At>~)Vs,TA1
{
8, List a.1l City Boards on wh.ich you are cucreLldy ser:villg or have previously served (please include dates)
-'
--
Zip ~odc ~
3 ~Li8 ,)
-.-----.....--...
Zip Code
Zip Code
BeAc.(..-(
010 11'06'
eNT
NON E::=
,;/, Education:d. qualifications:
l)oc...TOf\f\-Tc - ( PH.b) ~ )\Jl~lS boer-oR... rMASTE:R AI LAW
10, List any related professional certifications and licenses which you hold:
F!-ol?dD,\ B~ CERT( FlE~ CoURT MeDIATOR. t~E::AL E5Tf\T6 .LiC.
r (
11. Give your present, or most recent enlployer, and posi.tion: C0 ATID <=< Ne. y (u.0E=l <;) - A L (X~:'N"~-t"i{,) )
@FoURTf-<. blSTR\u\ cou(<..."C' OF A,FPE:'ALS .
12. Describe experiences, skills or knowledge which ~ualify you to serve on this boud; (Please ..ttach a brief resume) . )
f'.~V L TlQd L. -f\.Jt\(\L eK'f'8PJre NeE (Lt v<:::~ f N f::VKO f'e:: - .sou TK. AtteR.tc./-\ : U So -,--
(fOOD COvN S<2.LOn... A..tJ~ ..MEbU..\'TOR -- KN.ol.Y....i-ef)G-c 0 P C\.JLI-J R..AL ,{ SoC ( 1-\ L...
/--'/01;) LE.&A...L j)l rr(; r\EN VAST KUOl>U-.....EDG-C IN t::2..l2'AL- c;;;.ST/-....--n::::-
FLVE:::iJ-r IN 5 LANGuA..G--es (UL-R\.lT(:;;.10 ANo S?ot<:E:'r-0 ~e/...\.}.JI50i~~~TAf~~~^-
\..: GNG-LtS-\-t - \c>r~T06--v<c::;:,,><=:~~'f\.- l-
I he.rcby certify dlat :ill d1.e above suternents are true', and I agree and understand that any miss ta.tenlen t of materul facts
cont:lin ~ this plication may cause forfeiture upon my part of any appointment I may receive,
,/
/~
'~ArE '?
--;.>6~ I () 6..,
~ote: 'lbis applic~tion will.ten.u.i.n on. file in the City Cleek's Office Eo.r a period of 2 years from the date it. was
,/ subrnilted, It will be dle :appliClnt's responsibility to ensu.re d1.at a cunent appliCltion is 00 file..
S\CIriCI..e~.1<.\e()^RD\^J.~ltCA 'Il0N
Sara COeD
, th
1203 NE 9 Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen@hotmaiLcom
Objectives and Summary of Qualifications, I am a local immigration attorney, fluent in five language, with two
master's at law: one in Trade and another in International Taxation, I have also worked as a staff attorney for
Honorable Judge Barry Stone, at the Fourth District Court of Appeals and previously I worked with the World Bank
and the United Nations. I am interested in participating in the civic and public life of Delray Beach though a board
membership. My strengths include:
· Fluent in five languages: English, Spanish, French, Italian and Portuguese (written and spoken).
· Experience with immigration, Remarkable analytical and writing skills. Good independent judgment and tact.
· Member of the Florida Bar and the Southern District of Florida,
· Juris Doctor and LLM degrees in Common Law and Civil Code systems, with professional and academic
experience in Europe, South America and US,
Education
a . Master at Law (LL.M) International Trade and Banking. The American University, Washington DC.
a Master at Law (LL.M) International Taxation. St. Thomas University, Miami, Florida,
a Master Studies in Commercial Law and EC Law (DEA). Universite de la SOIuonne. Paris, France.
a Juris Doctor. St. Thomas University, Miami, Florida.
a Juris Doctor Summa Cum Laude. Univ. Iberoamericana, Santo Domingo, Dominican Republic.
a Private International Law Certification. International Court of Justice. The Hague, The Netherlands.
a s.s. Administration of Tourism Enterprises. Universite Paris X Nanterre, Nanterre, France.
Legal Experience
WEISS, ALDEN & POLO, P.^- Boca Raton, Florida (10/05 - present).
Attorney, Immigration and Consular Law Firm.
Interview, file, prepare and represent clients before the Department of Homeland Security Immigration Services
Unit. Work with investors and professional visas (H, L, and E visas) as well as with Labor Certifications. Provided
representation for clients in removal proceedings,
FOURTH DISTRICT COURT OF APPEALS. West Palm Beach, Florida (7/04- 9/05).
Judicial Clerk for Honorable Judge Barry Stone,
Write bench memoranda for appellate panels, providing analytical and legal recommendations for holdings.
Research and perform legal analysis. Draft, review and edit judicial opinions prior to publication,
THE FLORIDA BAR. Cypress Creek, Florida, (6/01 - 10/02).
Law Clerk. Unlicensed Practice of Law Division.
Perform legal research and write memoranda. Instrumental in performing investigations of non-English speaking
individuals. Draft cease and desist affidavits, pleadings, and interrogatories, prepare depositions, issue subpoenas.
LEGAL AID, West Palm Beach, Florida (7/03- 10/03),
Law Clerk, Volunteer, Immigration Services Office.
Perform legal research and write memoranda for case assessments.
INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96).
,Consultant, Project Analysis Department. Legal & Summer Iniern at Budget and Evaluation Office,
Write internal publications regarding ex -post evaluations of legal and social reform proj ects in Latin America.
SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 - 12/91).
Legal Consultant, Silk manufacturing corporation.
Prepare and negotiate licensing agreements for the use of textile designs, File copyright registration.
Other Professional Experience
YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00).
Content Editor and Business Developer.
Founding team member of company purchased by Microsoft Network in 2002, Responsible for content
development. Identify, draft and negotiate strategic alliances, Prepare presentations for angel investors.
CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90).
Assistant to the General Consul.
Manage commercial receipts. Collect and emit visa documentation, Serve as liaison translator for investors,
Pro bono
IMMIGRATION CLINIC. OUR LADY QUEEN OF PEACE. Delray Beach, Florida (2001-2002).
IMMIGRATION OFFICE, UNITED WAYHERMANAS UNIDAS, Washington DC. (6/94-11/96),
DB.RAYBEACH
. .. 0 C . . ..
/rl5j~
*****
AHmericaCity
'lll'!
1993
2001
CITY OF DELRAY BEACH RECEl\fED
BOARD MEMBER APPLICATION OCT 1 4 2005
CITY CLERK
infonnation:
!/E
State
I=t-/
State
#.-,
M I. ,.,....-
'J
~ Code
33
Zip Code
33 JCW
E21V
Ave-
State ZiJ,:> Code
0;-
-:---
-------
5. Home Phone:
Business Phone:
Cell Phone:
Fax:
!;/ :;u;. 333 '
6. Are you a r.egistered voter?
-
.-
7.
bOft
8. List all City Boards on which you are au:rendy serving or have pS-%usly served: (please include dates)
- -/1/&' t/, -
to, list any related professio~ certifications and licenses which you hold:
. ~ -"
11. Give yow; "present, 0
C!eJM ~ C!e> LA.
mployer, and..position:
a- J)1!2 . ~
tJ f? CJ;Je./{ #-/ L' d71
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please att2.ch a brief resume)
/f I Ghv&ts ,c::J P 1/ A-/l. s a -,., --
the above statements are true, and I agree and understand that any misstatement of material facts
may cause forfeiture upon my part of any appointment I may receive.
. . r't:5 / ty!- C7.,qJ ~f~, ' .
SIG DAlE I .
lcote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file. , .
. S\CITY<::1J!RK\IlOAlU)V.PfL[CATION
U~_1V-l.'IJ':)
lti'. 1.,: ;1;1 1'.-\3 ;:>1l1l!;U:.l'd4
HLl9_ ,~~ ~~~ff7~!~
;:DP C- ~
~?iCO/?Wtfh
CITY OF DELRAY BEACH E.CE.\\IE.O
BOARD MEMBER APPLICATIOEl. 4 1\\\\S
. ~\\G - '/...
v C\..:, Eo f':
er\" 1 .
.. JCt..L..;..OCtl-....;J I -+0
U fi: t Lt:lHl
OfUU.Y B'EA,Cl-i
~
mr
1993
2001
J.l
ElI~ {'T
3. ~ R.esidc.o.ce: (' ,
0/ln1e
4. Principal. B us.i.o.c.:s~ Address:
City
City
City
St:.t.te
Zip ("..0&
I.
)-- ~ofUe Phone: .
S. bl bC,t 060f"-
6_ .Ar~ you :01. -c~t<:.red VOla?
'RuUness Phone:
E-M1il Ad~~
Cd! Phoue~
'J-f/b--
7, %:it Bou:d(a) cue you interest
,- !rivj C (/klrn; cS ,
8. List all City Boar&; 00 wbichyou -are cucrcudy s~g 0.(' ha.ve. pl'CvlOWlly 3erve& (P~ .iad~ da~);V'O W-
'\
r Educui~ 'l~4tions: 13
10. rist:my .related prof~sio11Rl. ce.ttifiC3.tic\QS an<;l.licc06QS whicb. you. hold-
11. GIve YOU( present:. or IIlost tecent employer. ~d posicion.:
~.,
.rJ
12.. Describe aped~ces. slri1I& or knOwledge whi&quaJifY you. to save '01.1. this bO'il,[d: (Ple:ue 2!I:1ch :lL bOd'resume)
.W
~f!-<'
appUcation will r~ on file .in tb..e City' Qt:tk's O.f.fic.e for:a ~od of 2 years ttom the <btc: it ~
bm.i~. l( will be the appliCUle~ L:<:spo.nsibility to cUsuic'd).;U: a CUI::rent=-ppIi.Cllti.ou Is 00. file. ,
~~~<A'Dl>t<
,)
FR';~l IMA'll::T\':: g;;;,:A FiH,.N
(FR I) FE[; 1 ~ <:1,11.1"' 11: 44;>: I, II: 4:'!1'l'!, ~,,'~".II.11 :::1J4::I r'
..................... ..................a.
. , '} .1 . .. ...
......**
3, Legal Residence:
O~ -C- Lo
{-5h1E)
CITY OF DELRAY BEACH {){1tJ/;S.. I-Ijr
BOARD MEMBER APPLICATIOIECEIVEO
FEB 1 8 2005
dZ/ jrl
'RK
M,I. 5
Zip Code
~
Zip Code
rfiir
1993
2001
1.
2, Home Address:
4, Pri.ncip~d Business Address:
:JA101IS./.,l( :z;,~# .,(;"'J
o;l. I '" .f.- ;-( dO.K., .
5, Home Phone: Business Phone: E-Mail .Addrc$~:
51., 1-3~O-- &:<.g:;J.. 50 (- y~ f- t/l?o 5+Wt, +(..~kr~/~
6, .Are you a registered vocer? c;
(
City
State
Zip Code
7,
FL
'5J'i(g 7
Fax:
~/-qc,/-&f7b
9,
ds on which YQ,ll an: cl1rrelldy serving or
, f '
vc preViOl\$ly $ervcd: (please include dare~'Y
, <::
R.
a..ho;,,/ I~
10. Lis( any relll(ed professional cerrificaoons and licenses which you hold:
12, Describe experiences, skills or -
11,
nlS are true, and I "brree and understand that any misstatement of materuu facr.s
forfcil:\.lrt. \l11'on my parr of any appomtm<:ot I may .t:eceive.
51
;;<--/~ ,- CYS-
D.'\Th
'j Note: This application will remain on file in dIe City Clerk's Office for a period of 2 yeatS from the date it waS
submitted. It will be the applicant's responsibility to ensure that a concur applica.tioo is on file., '
5\CITYClIllU(\DO^lUTIAl'rLlc"'TI(l~
George Stephen (Steve) Thacker
240J-C Lowson Blvd, Delray Beach, FL 33445
561-350-6281
Career Objective
Position il1 Entl!lprise R(!source Planning & Management with a progressive o,-ganitation
offering advancement oppanunities based on achievement alld results,
Summary of Qualifications
. Twemy years of e:rpe,..,~nce in all aspect.. of CXJmmuI,;caJions and marketingfor the
telecoWlmunications industtJ',
+ High~v motivated.- re:mllS-oriented professional with broad background in te,.:,-;toiy
develQpmetlt, account/project management. with alacus on the Fortune /000,
. Demonstrated arwlytical and organizational effectiveness.
. E.-\:cellenr Interpersonal. commlmicatwn and managerial skill.,,_
. Proficient in l-'oice/dora/video communic.ation.f and network design,
. Proven marketing expertise with stYOllg aptitude for sa/e... management.
Work Experience
2001 - Present
lmJle.istics International, IDe. (formerlv Pitney Bowes Office Systems)
National Account Manager
Digital M~.ssaging/Document Processing & ERP Managed Services Solutions Provider:
CYpre.f.1 K'JOwledee ware So/utiol'JS. Partner: OEMs indude M;nolJ{L ~
Pan({soni<:.Tf,)shiba. Sharp. &: Heide/berv amollg others. Designed & engineersd enterprise-
wide digital pdtltillg & publishing solutiollS, color printing and xaltlling, desktop ptlblishing.
desktop fa:o.ng, and w.ifled m~ssaging solulion.r (Lighl1tinf; Fax). Natiollal accowtt .~a/es
nUlntlgement, while mc,i"wining !lM existing accawll base. Summit Club 2003, Cla.....ric
Leadership Conference 1004, RankedJ'" nationa/(v.
19" - 2000
Norstan 'Communieations~ Inc.
Account Manager/Communications Consultant
','
.. Technology Solutions and Services Provider; PrQjecJ Managed converged Voice/DaJa/Video
T::nCi~r]>ri..e Networks. Contact Centers and Workforce Managemenl Solutions via fP
Telephony. Frame Relay. AWand Unified Messaging technology, :
.. Partners induded Lucent. AVT. SoectraLiuk Wireless. Cisco Systems. r4.l[rran. MCllVorldcom,
SIJrmt fll14 SorinfPCS. PlctureTel 4lna firl.. Siemen::>. Iwau'U. Aspect, 0>mverse. People-Soft.
Blue Pumldll. among many others,
.. Responsible-for erl...ting customer base. while engaging new business,
Work Experience (Continued)
1997-1999
UniDial CommunlcadoRS. Ine. (now Lighc:year Communications)
Authorized Agent- GST Communications, President
.. R.e-marketi"g Agc1Jtfor MCI-WorldCom. SlJr;nt, Williams, f!C1fl I.Ks;;; offering wide-range. low-
cosc Telelda(a cammunkaclons services co commercial customers,
. Initiated Strategic Partner and Distribucion Channel relation$hips,
.. Managed inaugural regional sales oper-ation....,
.. PRESIDENTS C"LUB
1?95 - 1997
LeI Intero.flonaL Inc. (now Qwest Communications)
National Account Manager
. Re..<;po",<:ibl<!f()r generating new revenue while maintaining exisling 4 million dollar base.
+ Managed National Account Suppon Team.. wJdch ;"upported existing accounts,
. Project managed (he design. enginu,ring. and irt.<:callafion of voice. dlJtQ. and video networks.
. Managed re.J.ponses to RFQs and RFPs,jadliUJling Executive Presentations to Senior
Executives ofFonune 500 companies,
. PRESIDENTS CIRCLE Award - 1996,
1994 - 1995
Thomas & BettstNevada Western. Berk- T ek
Manufa.cturers Represel1tative~ Oak Hill Marketing
. Responsible for marketing Premise Wirilig Systems and Communication..<: Cable to e;cisting
DiSl1ibutors while generating new. revenue wit}, COfltraccors and End-users,
'1989 - 1994
Data Processin~ S~iences. Corp.
Regional Representative
. A.s Dow-communications C..oll.<:ultant, responsible jor design~ procurement. and
implementation of Integrated Wide Area Netwo,-k and Local _-4.rea. Ne.tworlc solutions atrd
products.
. }.{anaged national territory of associate brokers, disfributors al'l.d cu.ftomer base whiJ.e
gel'l.i!rating new business.
. Represe11ced over 50 differenr rnanufaccurer:>' Q,( fU1twOrk systems. data commwucatio,1.S
hardware and related software.
1988 - 1989
Republic Roller Corp, (formerly Dayco Rubber)
Account Representative
. Marketed cuscom rubber roller recovering services to tire plinling, paper ';Jill, metal treating.
laminating and relaced ind!istries_
,,'
1987 - 1988
Interactive Comm..-nieatlon Systems. Inc-
A ccount Representative
+ Re-markeced data communlauions hardware and slJfiware (terminal enmloti<m a,ulj;JtJ
transfer) for-IBM. DEe and UnisyslBurroughs Mainframes and most UNTX S}'.~fems. Partners
included IS;J;.. Attachmale, Emerald.. Rumba. 'and BUST. .
\ ~ II t I ~ L L' ~ V !.. V V _, I 1 ...., ~J I '_' I.. I 1 ".., '_' J ..~} ~ U.J U U V J !. ~....,. ~ r "}
Work Experience (Continued)
1985 - 1987
Automatic D~tp Pl"ocessln~. Inc.
Disirkf Manager
. Responsible for Markering dara processing servlce.f and software,
. Supervised Account Ex<!.cutivC$ ami Client Service Representatives
1983 -1985
Pitney Bowes. Dlctaphone Corp.
Senior Account Executive
. Responsible for Major .AccounI Mark:ering for dictation and digital ~'oice communication
S}'Stems, CHAIRMANS CLUB.
Education
1975 - 1981
University of CincinnBti
Bachelor of Fine _"'-ro' Degree, BroadcllSt COff1,"unU:ilnons
. .Alpha Epsilon Rho Fraternity
Professional memberships
. Tri-Srace Technology AS,mciation, Vendor Commiuee
. Advenisi/'f.g Quh of Cincinnati
+ Rotary I"ternational
Community activities
. Boy Scouts of .AmericLl. Dlstrid Committee, A.~ft, Scoutma..ftcr
. Knighu ofColumbr~s, Fourth Degree
s..
. Catholic Order of Forester.f
. Cincinnati Arcs Festival, Inc., Sing Cindnnatil- Steering Commiaee
+ SPEBSQSA - Southern Gateway Chams, Diredor of Marketing, Asst. }.{usic.Directqr
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
I
AGENDA ITEM # q::c - REGULAR MEETING OF TULY 11. 2006
-
APPOINTMENT TO THE CIVIL SERVICE BOARD
SUBJECT:
DATE:
JULY 7, 2006
The term for alternate member Mr. Eric Luckman expired on July 1,2006. Mr. Luckman has
served an unexpired term is eligible and would like to be considered for reappointment. The
term will be for two (2) years ending July 1, 2008.
According to the Civil Service Act, there are to be five (5) regular members on the Civil Service
Board; three (3) of which are to be of different vocations or vocational backgrounds, not
employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addition, there are two
(2) alternate members. The appointee need not be a resident, property owner or business owner
within the City.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
(also applying for the Downtown Development Authority,
Delray Beach Housing Authority, Education Board, Board of
Adjustment, and the Public Art Advisory Board)
Diane Franco
(also applying for the Downtown Development Authority)
Eric Luckman
Incumbent
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat
#3) for one (1) alternate member to serve a two (2) year term ending July 1,2008.
Recommend appointment of one (1) alternate member to the Civil Service Board for a two (2)
year term ending July 1, 2008.
~'-I\~ LQo(\~~) rThM<> ~~ C\::c
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER M
AGENDA ITEM # q:t - REGULAR MEETING OF JULY 11. 2006
APPOINTMENT TO THE CIVIL SERVICE BOARD
SUBJECT:
DATE:
JULY 7, 2006
The term for alternate member Mr. Eric Luckman expired on July 1,2006. Mr. Luckman has
served an unexpired term is eligible and would like to be considered for reappointment, The
term will be for two (2) years endingJuly 1,2008.
According to the Civil Service Act, there are to be five (5) regular members on the Civil Service
Board; three (3) of which are to be of different vocations or vocational backgrounds, not
employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addition, there are two
(2) alternate members, The appointee need not be a resident, property owner or business owner
within the City.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
(also applying for the Downtown Development Authority,
Delray Beach Housing Authority, Education Board, Board of
Adjustment, and the Public Art Advisory Board)
Diane Franco
(also applying for the Downtown Development Authority)
Eric Luckman
Incumbent
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat
#3) for one (1) alternate member to serve a two (2) year term ending July 1, 2008.
Recommend appointment of one (1) regular member to the Civil Service Board for a two (2) year
term ending July 1,2008.
CIVIL SERVICE BOARD
06/06
TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE
OCCUPATION
07/01/2008 Emily Dobard Home: 278-9795
Unexp Appt 06/21/05 210 NW 6th Avenue Educator Office: 278-9795
Reappt 06/20/06 Delray Beach, FL 33444 Cell: 573-2908
04/30/2007 Scott Aronson Office: 243-7286
Elected 04/26/06 Planning Department
City of Delray Beach Parking Management
100 NW 1st Avenue Specialist
Delray Beach, FL 33444
07/01/2008 Kristin Christensen Office: 939-6776
Appt 06/08/04 17 Northeast Sixth Street Vice President-Sales Fax: 330-6422
Reappt06/20/06 Delray Beach, FL 33444 Cell: 952221-5280
04/30/2007 Jennifer Reynolds Office: 243-7192
Elected 04/27/05 Finance Network Engineer
Re,elected 04/26/06 City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
04/01/2007 Larry Zalkin Home: 498-0740
Appt 04/15/03 7204 Francisco Bend Drive Financial Advisor Office: 499-7609
Reappt 04/05/05 Delray Beach, FL 33446 Office: 653-6501
ALTERNATES
07/01/2006 Eric Luckman Home: 737-4791
Unexp Appt 10/25/05 821 SW 34th Avenue Attorney Office: 737-3133
Boynton Beach, FL 33435 Cell: 436-5414
Fax: 737-5180
04/30/2007 Rodger Ribeiro Office: 243-7256
Elected 04/2:7/05 Parks & Recreation Recreation
Re-elected 04/26/06 City of Delray Beach Superintendent
50 NW 1st Avenue
Delray Beach, FL 33444
Contact: Venice Cobb 243-7056
S/City Clerk/Board 06/Civil Service
U'l : GER-'=.HII
V"'./U-l'-~J~ IIH.-
1~:33 rAJ bblZ~3Jj14
0,,'9. 04 20lf'~~J&,
<ff/ 1C1
CITY OF DELRAY BEACH , €.CE.\\JE.O.
BOARD MEMBER APPLICATIO~. h lU\\S
' ~\JG - '"
v C\-Et>\
crt'l .
FA:": 110_
: 5612660746
U fi: t:U::K1\
OfUU.Y Burn
~
1irr
. 1993
2001
f./
. ElJE {'T
3. ~~= SAnie:
4. P.cincipd,BusinC:S3 ~'\d.dt0e:s3:
City
City
Ciq
ShLte
~Co&
I'
7.
'BU6iness Phone:
j- ~ob1e Phone:
~ b! J,;t, b o60Y' '
6. .AL~ you lL ~t'=-X:ed VOla?
, ,
"." !r1V- Vlr7m ;. cS' ,
8. Lis~ all Ctty Boards OQ whk:b. you ~ eutteudy s~ 0,( ha.ve pcc.viously 3ct'V'ed: (P~.iod.IJ& ~~) ;/0 W
,
"I Ed....C2.~ ~C4tioas: 13
10, List:uq .Idated p.toEtwsioD2l CettifiC1ci.C\f.lS a.a<;l.liccn=:zs which. you. hold
1 L G1.",e YOW: Ptel$e.n.t,. or m.~ teceat cniployer.. and position.:
12. Describe:: c:xpa1~. d:illi or knowtedg<t wh.iCh.qw.Iify- you (0 =-e: og this ooucl:(Ple:ue :unch .. bOd resume)
I h<:r~ _"" ,t .n ~e a~V' tcm=-~ ,u:c Ct1J.t; ;md. r sgr-ee 4.O.d tl.D~ClOd ch.ttc ?-T misse.t1:m.eat of Ula.to:ia! &.co:
">mamai .... Jpplie.- moy '"'~ """"'-"1'00 "'" """ 0{ ~1 'f'PO",~ ~
, 't;)A) <'
SIGNA . . . .,. / . q;
app~cion will. I:~m.ai.n. on61c in th.e- Ci11 Oak's Offic.: for a. pel!f.od of 2 y~ from the ~tc it ~
millted. Ie w1Il be the appli=e~ responsibility to -cO.suic'dJ.:l.t a current. =q>plk.:l.t1oo. is 0.0. file.. _
. ~CLbI:IIw~V\"11OI-I
"
DEtJl'Ay BfAG-t
.......'"
*****
~CIr
" II J!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
infonnation:
1.
2,
8r/kfl
State
-2-
State
Zip Code
J3LJS
Zip Code
3.
4, Principal Business Address:
'fdO!J !p. RTLfirJT;c /rJlE.
5. Home Phone:
"
56!) d7~'d.1fg~
6.
G~ Stare
~L-RAj 8%nC# H
X:=:~tes" ~ S;):;~d.jI/" ;'7.)0//
Are you a registered voter? (rr If so, here arsrou registered?
C::...:> LJ.-ObC. P/?t::-C //Vc.7 -.Elf/1I1NuE-L CA7}vL/c
7. What Boacd(s) are you interested in serving? Please list in order of preference: _
II C ,V/L... 'EA. ICe: . fV7tJU/!V jJ/ Atf//lP.Ro/
Zip Code
3jlj'lS
Business Phone:
$6/) did. -'//07
8, list all City Boacds on which you ace currendy serving or have previously served: (please include dates)
- €IV-DS ('J F ::DE t J<( (l - ViAl eEl \0 L E cfll1/ fJ- .
I?IJ..])(/ /JH:
1 t. Giveyour present, or most recent employer, and position:
~.Lo PRo E. 7)13 Lt..c...
12 Desccibe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
E /J~ fi ~..ZJ
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
~<<I ;" dW 'Pptication may ca",e forfciln<e npon my part of .ny 'ppo;"boent I may n=ive.
~~7 . ~ -L:)PJ1'J6
SIGNATURE DA ' j
Note: This appliCation will remain on file in the Ci~ Clerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibili~ to ensure that a current application is on file,
S\CfIYCURK\BOARD\APPUCATION
;
l
DIANE FRANCO
#12. In addition to raising and supportillgmy two sons as a widow in South Florida during
the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the
opportunity to be employed in several positions that honed my interpersonal sales skills,
During the past 5 years I have concentrated my efforts both as an investor in both the financial
markets as well as the local real estate market, acquiring, developing and presently manage
several residential and commercial projects in the City of Delray Beach.
10/10/2005 11:05 FAX 561 7J7 5180
ERIC H LUCKMAN PA
9/;~ .. ""'
RECI;:.~ED
OC1 1 0 2005
ClTY CLERK
OR.AAY BEACH
. " .. .. . ... ...
.......'**+
AI-AawsicaCity
l' II I!
1993
2001
CITY OF DELRA Y BEACH
B,OARD MEMBER APPLICATION
Plose rint the follo -
1. Last Name: , I
' (J.C /:::(VJI/N
2. Home Address; . ~
Z I 5.,jJ y"--
3_ Le.g:U Residence:
So~ a > Qk,,~
.4-, Principal,Bllsiness Address:
~SZ 5ou'1 '7-Eflc I?bS 7 Bu/.o
in.fonn..-1,tton:
City
Y ProAl 8rt9-cr(
M I, #_
State ~ Co}-
FL 3Lf3.
Statc Zip COOe
State ZiJ? Code
Fe '33<{~
v~
Nune -r-;.,
t::::JC , c...
City
f;o}~~ eGl-CI{
City
5. Home Phone: 'Business Phone: E-Mail Address: Cell Phone:
511' 737 '-/7Q/ 5IP l 737 3/33 it (JLVCk>'f7,1M)LAW-C;c." >"~f C;-y/<-
6. Axc you a .r:egistered voter? ' 'J1 If so, whe.ce :ue you .r:c~teI:ed?
f- 5 ,.J1k/J1 b&j4--0( C Ty - 0'1 f-
7. Wint Boucles) ,are you intercsted in scrjng? Please list in oI:dcr of pI:cferencc
{Jv'J /-. ~~Lr t C (:; .'.
F:.\:x::
fJl
7'77 >1 it:>
/70
8, List all City Boards on which you;u:c ~e:ndy serving or: h.:i.ve previously ser;vett (please include dates)
0/\/& ' '
\
9_ Educanon:d qUAlifications:
/3..4. - OA'I.....tk(7 U/1W(A h /-fff 0
fiJ-' U/Jitl-C'-'7'1, of- /It){(lr'1(- /9$'3
10, List any rdated professional certifica.tions and liceuses which you hold:
I1.I.V
;JrJeZ/ q t' -' i, .(t:J, (i 1/,/ I {; Lv vV' -("v-
11, Give youe present., or most reccnt employer, an
Ell c. II J. lit KP'1 "1/11 . II _
1~t,.(Je4f
'12. Describe expexi.ences, skills or kno~edge'wb.lch qu:ilify you to serve on this board: (pIQSc ~tuch a brief resume)
, a--rl4..c '--< J .
A. Ii.----. /;b.;.-:J tJ I
I be(~y' ~ tha ill dle above. statements ace trot; -and I agree and undcrstLnd dut any mUsta.tx:m.cnt of Irulte.rW. fadS
con - ro' tI:tis a licacion may OLuse fOJ:feiou:e upon my parr of any appointment I may re.ceive..
- . , -- /1
, ~. , '/0/ () .1 S;;-' '
SIGNA1URE DALE /
te: This "Pplication will.rem:ain on file in the' City Cledc"s Office for a period of 2 yea.r:s from the dac;e itW'2S
submitted. It willbe the appliawt's responsibility to ensuie du( a, curreQ( application is on file.
=n~,o.JtD\.A.J'('uc..:u:o>c
110/2005 11:05 FAX 561 7J7 5180
ERIC H LUCKMAN PA
~oo::
MARTINDALE-HUBBELL LAW DIRECTORY
ERIC H. LUCKMAN, P A.
3652 Souch Sea crest Boulevard
Boynton Beach, FL 33435-8662
Telephone.' 561-7j7-3133; Toll Free: 866-Luc/...71lan (582-5626)
Facsimile.' 561-737-5180
Email: EL@Luckm.anLaw.com
URL.. htm://wwwLuckmaIlLaw.com
Plaintiff's Personal Injury. Wrongful Dearh, Insurance Coverage and Insur01~ce Bad Faith
ERJe H, LUCKMAN, born East Meadow, New York, April 4, 1958;
admiued to bar, 1983, Florida; 1985, D.S, District Court, Southern District of Florida.
iridud~ng Trial Bar; 1990, U,S, Coun of Federal Claims. Education: Brandeis
University (B-A" cum laude, 1980); University of Mja.rrti (J.D., 1983), Listed in
Leading American Attorneys. Certified CoUll Arbitrator, Florida Supreme Court.
Recipient, Bronze Patriot Award, Academy ofFloridaTriat Lawyers, 1992., Member:
Palm Beach County BM Association (Member, MedicallLegal Committee); The
Florida Bar; The Association of Trial Lawyers of America: The Academy of Florida
Trial Lawyers (Member, Insurance Committee and Legislative Key Contact
Committee); Palm Beach County Trial Lawyers Association (Secretary, 1997~
'treasurer; President-Elect, 1998; President, 1999). (Board Certified Civil Trial
Lawyer, Florida Bar Board of Legal Specialization and Education).
Page 1 of 1
Jon Levinson
From:
Sent:
To:
Cc:
Dorothy Ellington
7/1112006 10:56 AM
jonlev@bellsouth.net; Mayor@MyDelraySeach.com
Ruby, Susan
Good Morning,
In response to Commissioner levinson's question relating to our efforts to find a resident willing to serve, please
note that sometime in April 2006 a letter was sent to all Section 8 participants (over 1100 people) notifying them
of the vacancy that is created by the current Resident Commissioner's ineligibility to serve. We advised them that
the vacancy would occur in June 2006 and requested interested persons to contact Bridgette Huff, Section 8
Resident Services Coordinator. We received no responses to our search at that time. I personally attempted to
recruit a replacement by speaking with a number of residents, even hand-delivering the application but still had no
success. Finally, at a recent HOPE VI meeting of former Carver residents, I made an appeal and received a
positive response from Ms. Morris and by consensus IOf the residents present, she was selected to represent
them on the Board of Commissioners.
Resident Commissioners tend to be shy and reluctant to serve in this capacity, feeling a bit intimidated by the
other members of the Board. This level of service has always been difficult for the Housing Authority but I believe
that it is important that the residents be represented. Although Ms. Morris does not live in Delray (recall how
difficult it was for us to get all ofthe residents housedifollowing hurricane Wilma), she is the former President of
the association and is very interested in what we're trying to do here. She will make an excellent Board member.
Thanks for your positive consideration of her application.
Dorothy Ellington
Delray Beach Housing Authority
(561 )272-6766 Office
(561)573-2390 Cellular
(561)278-4937 Fax
~ ' Dot .~ - \\ t\\Dlo 7/1112006
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ZJ11
AGENDA ITEM # ~;;:r - REGULAR MEETING OF JULY 11. 2006
APPOINTMENTS TO THE DELRA Y BEACH HOUSING AUTHORI1Y
TO:
FROM:
DATE:
JULY 7, 2006
The term for resident member, Mr. Andre Tookes, will expire on July 14, 2006. Mr. Tookes will
have served an unexpired term and would not like to be considered for reappointment, This will
create a vacancy for a resident member to serve a four (4) year term ending July 14,2010.
Secondly, the term for Mr. Alfred Etienne and Ms. Dawn Guzzetta will expire on July 14,2006.
Mr. Etienne and Ms. Guzzetta will have served one (1) full term are eligible and would like to be
considered for reappointment. The terms will be for four (4) years ending July 14,2010.
Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City.
Further, each Housing Authority must have at least one member who is a resident, current in rent,
of the housing project or a person of low or very low income who resides within the Housing
Authority's jurisdiction and is receiving rent subsidy through a program administered by the
Authority. Mr. Andre Tookes is the resident member serving on the Housing Authority. Please
see the attached letter from Ms. Dorothy Ellington, Executive Director of the Delray Beach
Housing Authority, regarding this appointment.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached:
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered with the exception of Ms. Christel
Silver.
According to Florida Statutes, members are appointed by the Mayor and ratified by the
Commission. However, at the City Commission meeting of June 5, 1991, a consensus was
reached whereby each Commissioner would, on an informal basis and according to the rotation
procedure, make a recommendation to the Mayor as to the Housing Authority appointees.
Based on this system, the recommendations/appointments will be made by Commissioner Ellis
(Seat #1), Commissioner Fetzer (Seat #2), and Commissioner Levinson (Seat #3) for two (2)
regular members and one (1) resident member to serve four (4) year terms endingJuly 14,2010.
Recommend appointment of two (2) regular members and (1) resident member to the Delray
Beach Housing Authority for four (4) year terms endingJuly 14,2010.
Edward Desmond
Alfred Etienne
Joe Farkas
Philip Friedman
Gerald Franciosa
Stefanie Gapinski
Dawn Guzzetta
Pearl Markfield Elrod
Sylvia Morris
Thuy Shutt
Christel Silver
Alan Weitz
DELRAY BEACH HOUSING AUTHORITY
EXHIBIT "A"
Incumbent
(currently serving on the Nuisance Abatement Board; also
applying for the Education Board)
(also applying for the Downtown Development Authority,
Delray Beach Housing Authority, Education Board, Civil
Service Board, and the Public Art Advisory Board)
Incumbent
(also applying for the Downtown Development Authority)
(also applying for the Downtown Development Authority)
I
kAemonmdum
To: Mayor and City Commission
cc: David Harden, City Manager
From: Dorothy Ellington, DBHA Executive Director
Date: 6/29/2006
Re: Appointment ofDBHA Board Member
The Commission is scheduled to appoint a citizen to replace Mr. Andre Tookes who is the current
Delray Beach Housing Authority Resident representative to the Board of Commissioners. Even
though Mr. Tookes has provided excellent representation, he is ineligible to be reappointed because
he is employed by the City of Delray Beach per Florida Statutes Chapter 421, This is to request
appointment of a former resident of Carver Estates, Ms. Sylvia Morris who does not live within the
Housing Authority's area of operations,
It is unusual for you to receive a written recommendation from the Executive Director in such matters
as Board appointments, However, because the Carver Estates residents have been relocated and
many of them have moved to locations outside of our area of operations (defmed by Florida Statutes
as the "city and the area within 10 miles from the territorial boundaries thereof;...") we have been
unsuccessful in recruiting a subsidized resident who is willing to serve in this capacity who also
meets the residency criteria.
While Chapter 421 limits Resident Commissioner appointments to those tenants who reside within
the agency's area of operations, no such requirement is placed on non-subsidized Board members,
Federal regulations encourage resident board membership and place no limitations on residency. Ms.
Morris lives in Greenacres but served as the President of the Carver Estates Resident's Association
prior to the facility being declared unsafe by the hurricane,
We believe that Ms. Morris will provide excellent service to the Housing Authority therefore
recommend that she be appointed as a member of the Board of Commissioners.
1
DELRAY BEACH HOUSING AUTHORITY
4 YEAR TERM
770 SW 12th Terrace
Delray Beach, FL 33444
02/06
TERM REGULAR MEMBERS TELEPHONE
EXPIRES
07/14/2008 Joseph Bemadel, Vice Chair Home: 883-5465
Unexpired Term 07/16/02 95 Northeast First Avenue Office: 243-3136
Reappt 06/08/04 Delray Beach, FL 33444
07/14/2006 Alfred Etienne Office: 498-0500
Unexpired Term 03/02/99 311 Sterling Avenue Home: 637-0387
Reappt 07/02/02 Delray Beach, Florida 33444
07/14/2006 Dawn M. Guzzetta Home: 362-8080
Unexpired Term 07/06/99 2280 Queen Palm Rd. Office: 278-1994
Reappt 07/02/02 Boca Raton, FL 33432 Cell: 843-4700
07/14/2009 Angela D. Randolph Office: 276-2889
Appt 07/24/01 1323 Prospect St. Home: 279-0377
Reappt 06/21/05 Delray Beach, FL 33444
10/27/2007 Gary Rosen, Chair Office: 266-9669
Unexp Appt 07/22/03 817 Northwest Second Avenue Home: 330-0099
Reappt 11/04/03 Delray Beach, FL 33444 Cell: 251-1065
03/06/2010 Morris L. Weinman Home: 498-4948
Unexpired Term 03/06/01 13850 Via Tivoli
Reappt 02/05/02 Delray Beach, FL 33446
Reappt 02/21/06
07/14/2006 Andre Tookes (Resident Member) Office: 251-1632
Unexpired Appt 07/19/05 1131 SW 7th Court #R1 Home: 278-8211
Delray Beach, FL 33444 Cell: 251-1632
Director: Dorothy Ellington
Contact: Nina Levina 272-6766
Housing Authority 272-6767
Fax 272-7352
S/City Clerk/Board 06/0elray Beach Housing
wr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
h/at/ !JtUJer
51 ;Z;h
DELRAY BEACH
. .. 0 .. . . ..
*****
RECEIVED
MAY 2 7 2005
Please e or tint the followin
L Last Name: V
eSIHOII
2, Home Address: n I ~ I (J
S 13 <9"aJtOfIJ L tt,11It Ii,.
3. Legal Residence:
S~ rJ~' tif, bl) II 't:-
4. PtincipalBusiness Address:
3333 A/o~-fJ ~Jt!'1'41 H
E-Mail Address:
~r6 - Db 93 "/-~fi-~7~7 C;:(JEC[)fj)q{J/~oltJ ~/-'1f1S--93:l~ 6'1-V~. NS1J
6. A.r.e you a registered voter? ~.5 If so, where are you registered? Deh <<
7. What Board(s) are you interested in s~g? Please list in order of preference:
State
Fl.
State
Name
~.
~~ ~9o/
Zip Code
City
lxJ(.Pq !?~fo~
State
Zip Code
FI
..331"3/
5. Home Phone:
Business Phone:
Cell Phone:
Fax:
8, LiSt all City Boards on which you are cunendy serving or have previously served: (please include dates)
(.) /t~ Ehf ~ e~s !?4'~*~NS{lb
9. Educational qualifications: )/ r
I e~S e See fla.-Ie d-
/t') '?
10, List any related professional certifications and licenses w:hich you hold
b'e . 'f1d4--d
11. Give your present, or most recent e . loyer, and positio~ . /. ',) " , /
edlP'~ 'CJ'h" '-'; 'Co L"M/J~aT/4Jt 5- rr///(! f ...
'12 Describe experiences, s or knowledge which qualify you to serve on this board: (please attach a brief resume)
p~, st!'~4f14:!'ecf
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
tZ~U:::Z23on my part of anyappoIDbnend~s-
.,TATIJRE DATE
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted, It will be the applicant's responsibility to ensure that a current application is on file.
S\Cf1YCUlRIaBOARDIAPPUCATION
,f/b~
EDWARD C. DESMOND
5473 Grande Palm Circle
Delray Beach, Florida 33484
(561) 496-5393
1 999 - Present
1996 - 1998
1989 - 1995
1987 - 1989
1977 - 1983
1972 - 1977
1965 - 1972
1964 - 1965
1959 - 1960
1957 - 1959
1955 - 1957
1954 - 1955
PROFESSIONAL EXPERIENCE
CARDINAL FURNITURE, L.L.c., Delray Beach, Florida
Owner
C.T.P. FURNITURE, Stratford, Connecticut
Vice President - School Division
DMS ASSOCIATES, Fairfield County, Connecticut
Management Service Consultant
TOWN OF WILTON, Connecticut
First Selectman (Elected Office)
WILTON PUBLIC SCHOOLS, Wilton, Connecticut
Director of Management Services
WESTPORT SCHOOLS, Westport, Connecticut
Comptroller
DANBURY PUBLIC SCHOOLS, Danbury, Connecticut
Assistant to Superintendent for Business/Finance
SOUTH SCHOOL, New Canaan, Connecticut
Teacher
PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire
Principal of K-8 Laboratory School, and
Director of Student Teaching
Supervising Teacher
CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire
Principal
.
PINE TREE SCHOOL, Center Conway, New Hampshire
Teaching Principal
1983 -1986
1972 -1977
1960 - 1964
1970 -1972
1966 - 1968
1956 -1958
1950 - 1954
OTHER EXPERIENCE
SmaU Business Owner
Westport, Connecticut
FAIRFIELD UNIVERSITY, Fairfield, Connecticut
T~~"~G~~k~~~inN~oomwm
UNIVERSITY OF BRIDGEPORT, Bridgeport, Connecticut
Teacher of Graduate Courses in Finance
Owner - Real Estate/Construction Busin~s
Plymouth, New Hampshire
Park Commissioner (Elected Office)
Plymouth, New Hampshire
Precinct Commisswner (Elected Office)
Plymouth, New Hampshire
Alternative Representative to House of Representatives
Plymouth, New Hampshire
EDUCATION
National Association of School Executives
University of Bridgeport, C,A,G.S.
Boston University, M.Ed,
Plymouth State College, B.S,
PROFESSIONAL AFFILIATIONS
. Connecticut Association of School Business Officials
President-Elect 1972-73 / President 1973-74
. Connecticut Association of Superintendents
. Conway Teacher Association
President 1955-56
. Danbury Association of School Business Officials
President 1970-71 / 1978-80
. National Association of School Business Officials
. Phi Delta Kappa
Vice President - Bridgeport Chapter 1972-73
. National School Supply "and Equipment Association
. Boca Raton Chamber of Commerce
. Delray Beach Chamber of Commerce
. "Council of 100 Club"
. Public Employees Relations Commission, Delray Beach 2002
. Palm Beach County Republican Executive Committee 2002
DELRAY BEACH
. I. 0 . . 0 A
*****
All-AmeltcaCity
, III I!
1993
2001
Please rint the folIo .
1, Last Name: E1i e. j./ AI E
2. Home Address:
'75 S- S; 2
3. Legal Residence:
information:
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATIONJUN 15 2006
CITY CLE ,K
'/ ~
M, I.
~ .../.
Zip Code
33q~
Zip Code
Name
Ltl~E!J
p/:1.c//
State
IL
State
4. Principal Business Address:
City
State
Zip Code
'D 637-~J ~7 561:) '-1'-
6. Are you a registered voter?
Ft.
33L.1qJ--
Fax:
/..I /71 W. A
5, Home Phone:
-/.J9".26-?J')u
If so, where are you registered?
17'Y'-/4
i1tV
List all City Boards on which you are
ently serving or have previously served: (please include dates)
.. .
9. Educational qualifications:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this a plication may cause forfeiture upon my part of any appointment I may receive.
/)tb
DATE
/6
00'
Note: 1bis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted, It will be the applicant's responsibility to ensure that a current application is on file,
s\cITYCLERK\BOARDIAPPUCATION
DRRAY BEACH
. .. 0 << . . .
AUmericaCity
" II I!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
&!/IJ!O?
;::; /)af) {!e.,
*****
Please riot the followin information:
1. Last Name:
3.
Name
2,
City
~
,JDe--
Lfe~
M.L
vr!-
State
r?-
State
Zip Code
J..J Y j'-
Zip Code
4. Principal Business Address: City State Zip Code
:5 D~ C::::,4.s.--r ~-r<,--"7/'" // oL /T ,,/c:-
.P~~/l-4- /.1 c"''*=/-.t- h.. 3. ~ '2-,,&t 7 c /tt-t..L. rL ] J Y6J
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
C}/7 .c.4-~-t'SbS'I@}_ //' 101-'11 ?bS-/
~...> e '- 0 .... - ,lVe. J ::::. b /
'-I, If so, where are you registered?
( e...~, no.
7. What Board(s) are you interested in serving? Please list in order of preference:
2.. /-}cvtV a,-e.4 ..., r~NC!. <..
8. List all City Boards on which you are currendy serving or have previously served: (Please include dates)
9.
to. List any related professional certifications and licenses which you hold
11. Give your present, or most recent employer, and position:
C-I.;V' .-4,/L-1 b-;
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
o L ~/!-- or::: r/ -4~, Seav:C-e.i M v 6-7v(!.-../
.#~
A-
~;J
tt:../ .4' (./J;, ~e'.f ~'"' 61/2 d. ,4-
ScJce e ,/;:1e~ /..-ee -tV t:..L "t1z~~ ~ yve. e.4. c' ''7
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
.~~ .
SI , roRE '
)
;.... ,Ite: This application will remain on file in the City Clerk's Office for a. period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file, .
S\CITYa.E1UC.\IlOAltD'.APPUCATION
Ie - / LJ ~ Zoo..j-
DATE
May-16-05 05:19pm From-WASHINGTON MUTUAL
OBJECTIVE
+5616898506
T-]8Z P,03/03 F-809
JClJE J. FARKAS
737 Northwest 37th A\ienue · Delray Beach. Florida 33445
(561) 499-4578 Cell: (561) 271-7651
~: eeking Management position with growth oriented organization where my skills and
o:perience can be utilizE:,d,
SUMMARY OF QUAlI FICATIONS
. Professional offerin~1 exceptional mana~lerial. organizational and motivational
experience in finance industry
. Proficient in coordination and implementaticlO of multi task responsibilities
. Excellent commUnic.3tion and pUblic relation skills with strong emphasis on
customer satisfaction
. t-'ossess nlgn won< etnlc wlltl vt:r::;cllilily C111c.J !-,Cl ;;.c vera nc.e
. Experience in trainin!;. and motivating sales and service representatives
. Continuously exceed:> goals
., Productive in effective time management to ensure schedules are met
" Effective team player and proven troublesh.)oter
EXPERIENCE
11/00 - Present
11/92 - 11/00
4/85. 10/92
11;;.......,,...,.,.. .OJ....
, I
'.'VASHINGTON MUTUJl,L BANK. West Palm l3eacho Florida
,.\sst. Vice President / .C:lnanc;al Center Manager
Hire. train and motivate staff of 15 to become effective bankers
,- Attained mortgage and consumer loan grolil/th of 125% to 175%
,- Develop and maintain positive business relationships and community contacts
" Realized 100% goall:lttainment for the pas1: four years
.\MTRUST BANK. Boc<;, Raton. Florida
.~oan Officer (3/97 - 11/00)
r Processed loans fror" origination to c1osin~1
. Produced $19 million in mortgages during t,ne 12-month period
. Underwrote and approved authority for equity loans up to $250.000
Branch Manager (6/93. 3(97)
.. Managed staff of 21 in sales and operations of $500 million branch (largest branch
in system nationwide)
.. Provided high customer service levels emphasizing problem resolution and staff
development
Loan Officer(11/92 - 6/93)
.. Solicited builders, developers and realtors to originate loans
.. Generated $15 million in mortgage from 1 ~~/92 to 6/93
CALIFORNIA FEDERAL SAVINGS & LOAN
Branch Manager
.. Created customer awareness by developing and implementing marketing programs
and soliciting outsidEI business
.. Branch consistently ;3chieved over 100% ct prOChJcilt>n gOal::;
;."...'1 ~-':""'V'f'-.' --'vr'-.;--~:':;.:~-;:;;....."'; -;...;,;.3~e. .:.:;~'!!~- ....- cte-t __:U';__
R",~hp.lnr nf Bu~iness Administration
mr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
'l/1ffJ ,
(flirt!/' .J~/ T('c;'
DB.RAY B'EACH
...oe...
*****
\
s bD-v-e
I 4. Principal Business Address:
12e
5. Home Phone:
~(
6.
tint the followin information:
RECEIVED
AUG ~,5 2005
K
3.
~te
State
N
2.
City
State Zip Code
E-Mail Address:
Cell Phone:
Fax:
8.
o~)
7.
IV
A.J QvCoo
~u....S'l(ve S
9.
10. List any reIatrd pr<?f~ional certifications and li,.,fe ensnsees,wh\ch you hold:
,"^.e... \ ""- .- vV'\.. S leJt~ s I (' c epJ<(-e.
@- (E~~
~\v-<<'<;.t
above statements are true, wd I agree and understand that any misstatement of material facts
. tion may ca,#fo'lcitore opon my part of any appointmen' I ~~e
~ . 8J~ C)~' ,.
DATE I '
b-iot-e: This application will.remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensw:ethat a current application is on file.
S\CITYa.ERK\IlOA1tD\APPUCATION
;t(R8
-p~ \ \\.~ \-n..\ e.d..IV\.'3-N
'7 ~o A\\4~ ~ ~(1..\.~
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~(Pl -~ 7(p -d.-(}..D 7
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1\1,~,It, <bk<U\J ~C>>ooJ ,f\'j~ I N~on.k
C. ~ tc,t;,,s-
JNoa-k e~\e.f\Jce.
It:; (,s- ICZ61J u..,AJ\~N ~~~~~oN
~ I~~ ~ee \.~ \..S+
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I (9~S-(~'iO ^l~tn.k~Ol~~G~-
{J...eJ..\ rei. f^' f<,.e.- C ~k t YI.vrt\-tL - l.O.Il-s .
~ (\A~~ S-I (~I"'iJ.l.e {J ('.u ~ ~S-'^'~( Ue-hcoi
.:
~~h.
K-€J'T\ ee4te- / ct~'l....e.s.J ~ ~00,J\J
co \1~...0 ·
FRO!" : GER-SHII
\I'" l.l-l'-'J:) Hi'.
1~:~3 ~Aj O~lZi33j~q
Hug. 04 200ft*~!~
7/lff;
CITY OF DELRAY BEACH E.CE.\\1E.O.
BOARD MEMBER APPLICATIOJl. 4 1{\\}S
~UG - '"
v C\,..e. f\:
crt" .
FA:': 110. : 5612660746
t.:l1'i: C L1::1til
OfUU.Y B~.A.CH
~
;qrr
1993
2.001
1.
City
2.
JJ
E1JE {'T
3. Lcg:d lte:sidefice: S~
4-. P.r:incipa1,Busio.css Address:
CiLy
city
St:.I.te
Zip Co&
I'
A- ~orne Phone: ,
6 bl J/(, /, 060Y'
6_ Ar.e you ll.. J:;~t~ed VOl:et?
'Buomess :Ph.OD~:
E-M.cl Addtx:u:
7. ~t BOatd(~) 41ZC you Interest in serving? Plose list in ~tder ')~ pceftt~ce:
/ !rIVe/ C Vk/ rn I CS
8. lis;: an City Boards Q(] which you ~ CUtt=dy s~g Of hllov,; pc<:-vioWlly 3etted:: ~ indw:k da~) ;VOW
\ Ed~~ti~ q~.~tio~s; 13
to, J~ any .related prOf<!1ls10wU certi.fica.n0Q.ll :ul9-licc05QS which you hold-
1L G!o" yOu< p"""", 0' ""'"' '<cCnt ociployor. and posi&", U~.
12. Dtsa:ibc: aperlen~. skilli 0' k.nowiedg~ whicL qaa.Jify YOQ. to =c ~m, t:bis boa.rd: (Ple:uc 2O:1c:h 1L bOd'rcswne)
. DJ!
J:V 0..-<"
app&aci.oa will. remain on tile in th.e Cily Qa:k's Office for 2. peaod ot 2 years from the Cbtc it Wl1S
mit!red. It ~ be the appliG:iDe:; respo.nsib-tlity to Cnsu.ic'd)~t a CUIXent :1PplJ.ClUiou 13 on file. .
~~AU>~
oS/JM,q, 16, 2(1(15,: 3: 49F'Ms61 2J.j 3i74
CIlY CLERK
N,:" 0599 F', 2, /11 006
~!6IC ( 1l//2It~
5/(#/01
OaAAY lEACH
,. " .. ... . .a ..
1It.............
mf!
1993
:2.001
CITY OF DELRAY. BEACH
BOARD MEMBER APPLICATION
MAY 1 6 2005
CITV CLERK
PI
thf.U Of,
ease type ot pao.t c 0 o~ In or:m.:a.non:
1- Lut Name: Names f . M. I.
Gapinski ,te anJ..e
2. Home Addres'!': C Sta~L Zip C04e
2940 SW 22nd Circle 9B lty Delray Beach 33445
3. Legal Residenc;c: City State Zip Code
as above
4. prin.ci.pal- B usmess Add(e$s: City $tl1-t.c ZiJ? Code.
5. Home Phoo.e: Business Phone: E--M3il Address: Cd! Phone: Fax:
561-276-4152 561-297-00B5 gaplnski@fau.ed~ 561-302-0595 561-297-2058
6_ Ate Y01.1 2. registered vota? If so, where :ue you I:egist~od? p J Beach County
yes am
7. Wfla.t 'Board~l aL1rn io.tj=(:S(C1in t~ Pl~&t !Pc g~a;tYif gri\crFfe:
elray acous ng ut or y; or a e 0 S fig ommitcee
~. -
\ .1.s( all City Bouds 00. which you arc currently s~ oc IDrv-C pr<:Viqusly s~ed: (plel\Se include dates)
"nnJ-?()()3 Pedp.,:;trian/Bicvle Task Team .
9, Ed.ucari.onal q~Q\tions:
1973 - B.Se,
-
10. Lise. M1'J .related profcssional cc.rtifi.catious and licenses which. you hold: .
11. Give your presCD.t,. or moS( t:oc.c:nt employer., :and posicion; Fldlrida Atlantic University
Dor-ochy F. Schmidt i;:Colle.ge of Ar.ts and Let'ters.
GOOrd1.nator. l'uLlJ..1C Functl-ons
12. Dei~ a:pcriences, skills oc knowledge -which qu.;Uify you (0 serve 00. this boud; (p1=.s~ atU.m :'I- brief .tesume)
see resume '
I h~~.J1 ":".ho~ ,..""""'" ?"" ""', =i r w~ =i und=tand mat my ".;"..==t of ~ E.=
conwned 1t\ cb pplicaoon auy caUSI': foMtnl:e upon my p~ of 'UJ.y :'I-ppomtmcnt I may receLV~
, . "? ." 5-16-05 .
, ./
, DATE
'1..
Note: This appliOloon will rCIIl2in on .file in theoCit:Y OCJ::l<s Officc fOJ: a period of2 ye:a..r:s &om the d:a.tG itw:4s
submirred. II will be tbe applio.o.rs responsibili:ty to a:u,ureitbat a cw:t:co.t appli.caci.on is on 61e- '
, ' ~~'OON
M,ty. 16. 2(IOS 3: 49 r'M
No. 0599 P. 3
STEFANIE
GAPINSKI
CAREER ASPIRATIONS
To use my skills in public relations, marketing, communications, and project
management to further the goals of an organization.
EDUCATION
B.Sc.
St. Bonaventure University
St. Bonaventure, NY
PROFESSIONAL EXPERIENCE
1998 - present Florida Atlantic University Boca Raton, Fl
Coordinator of Public Functions, Dorothy F. Schmidt College of Arts and Letters
. Responsible for overseeing the visiting scholar program; managing the Ph.D. /n
Comparative Studies Public Intellectuals Program; handling special projects for
the Dean and the Associate Dean for Research, Graduate and Interdisciplinary
Programs.
1992 - 1998 University of Manitoba Winnipeg, MB
Assistant Director, Centre for Higher Education Research and Development
. Responsible for the overall management and operation of the Centre, a national
R&D center for higher education, as well as for the marketing, organization, and
management of leadership development programs for university administrators
from around the world.
1992 University of Manitoba Winnipeg, MB
Assistant to the Executive Director, University Relations Division
. Seconded to handle special projects as assigned by the President of the University
of Manitoba. This included serving as the Province of Manitoba media liaison for the
Canadian Governor General's Centennial Celebrations.
1984 -1992 University of Manitoba Winnipeg, MB
Information, Community and Media Relations Officer
. Responsibilities included establishing and maintaining the university's media
relations program, organizing the annual university open house, and managing
the university's Informat/on Center as well as the Speakers Bureau.
2940 SW 2210" CIRCLE #98 . D~LRAY B~ACH, Fl 33445
PHONE 561.302.0595 - FAX 561.276.4152 -E-MAIL SGAPINSKI1@1PEOPLI:PC.NET
Ma. y. 16. 21l (I 5 3 : 5 (Ir'M
No. 0599
P. 4
STEFANIE
GAPINSKI
.
ACHIEVEMENTS
Recipient of a University of Manitoba Outreach Award for contributions to the
community-at-Iarge and for efforts to increase contacts between the university and
. the general public; one of the first professional staff members to receive the award.
Appointment, Province of Manitoba media liaison for the Canadian Governor General's
1992 Centennial Celebrations.
Fellowship recipient from the Council for the Advancement and Support of Education
District V, the only representative from Canada out of 10 recipients awarded the
fellowship that year.
Member, Marketing and Public Relations Committee of the St. Boniface General
Hospital Research Foundation, Winnipeg.
Member, Board of Directors, Independent living Resource Centre, Winnipeg.
Chair, Public Relations Committee, 1988 national conference, International Association
for Business Communicators.
Recipient of two grants, totaling $5,500, for volunteer work at Dominican Republic
orphanages in 2000 and 2002.
Annual volunteer, The Delray Affair in Delray Beach and Sunfest in West Palm Beach.
United Way 2001 Coordinator for the Dorothy F. Schmidt College of Arts and Letters,
Florida Atlantic University.
Appointment, Member, 2002-03 Pedestrian & Bicycle Task Team, City of Dekay Beach.
Appointment as Chair, Report Sub-committee, 2002-03 Pedestrian & Bicycle Task
Team, City of Delray Beach.
Advisory Committee, FAU 2003 United Way Campaign.
Founder and President, The Power of One, Inc., a non-profit organization incorporated
in 2004.
Heart Walk, 2004 facility leader and team captain, Dorothy F. Schmidt College of Arts
and letters, Florida Atlantic University.
INTERESTS AND ACTIVITIES
Volunteer work at orphanages in the Dominican Republic; stain-glass artistry;
saxophone; fitness; snorkeling; kayaking; challenging my physical and mental abilities
with such activities as bungee jumping and white water rafting.
2940 SW 22"1> CIRCLE #98 . DELRAY BEACH, FL 33445
PHONE 561.302.0595 . fAX 561.276.4152 .E-HA1:L SGAPINSIICI1@PEOPLEPC.HET
M 16 2.. r "I r. ('M
a. y. l. I) () ) J : ) () r
N ':', 0 5 9 9 P. 5
Biographical Statement
Stefanie Gapinski
Stefanie Gapinski is the Coordinator of Public Functions in the Dorothy F. Schmidt
College of Arts and Letters at Florida Atlanti'c University, where she manages a Ph.D.
program, oversees the visiting scholar program, and works on special projects for the
Dean and the Associate Dean of Research, Graduate, and Interdisciplinary Programs.
A specialist in public relations, marketing and communications, and project
management, Stefanie, received her Bachelor of Science from St. Bonaventure
University. After receiving her degree, she moved to Canada where she worked at the
University of Manitoba, holding positions such as the Information, Community and
Media Relations Officer; as Assistant to the Executive Director, University Relations
Division; and as the Assistant Director, Centre for Higher Education Research and
Development.
Throughout her career, Stefanie has received many distinctions. She was the recipient
of a University of Manitoba Outreach Award for her contributions to the community-at-
large and for her efforts to increase contacts between the university and the general
public - one of the first professional staff members to receive this award. She also
received a fellowship from the Council for the Advancement and Support of Education
District V, the only representative from Canada out of 10 recipients awarded the
fellowship that year. In 1992, she was appointed as the Province of Manitoba media
liaison for the Canadian Governor General's Centennial Celebrations.
Stefanie believes in the importance of giving back to one.s community, and so she has
volunteered her time for organizations such as the Boy Scouts of Canada, a hospital
cancer research foundation, a food bank, and the independent living movement for
persons with disabilities.
Lately. her volunteer efforts have focused on underprivileged children in developing
countries. Since 1999, she has volunteered annually at different orphanages in the
Dominican Republic and in 2004 incorporated a non-profit organizatlon~
The Power of One, Inc., which raises money to help orphaned and disadvantaged
children around the world.
Stefanh~'s strengths lie in many areas: organizational ability, interpersonal
communications, marketing and public .relations, and financial aptitude. She is a
person with an "I make it happen" attitude who has the ability "to get things done".
2940 SW ::12"1> CIRCLE #9B . DI!:LR.AY BeACH, FL 33445
PHONe 561.302.0595 . FAX 561.216.4152 -E-MAIL SGAPIHSKIl4!lPEOPU!PC.NET
06/13/08 Tlffi 15:46 FAX 5612433774
CITY CLERK
~002
Dr:1 RA,Y BEACH
-
"Iir
1993
2001
RECEIVED
JUN 1 5 2006
CITY OF DELRAY BEACH CITY CLERK
BOARD MEMBER APPLICATION
q/sjof
2_ Home A. d&ess; ~
Z2.-g 0 0~ '"',
3. Legal Residence:
Scne
~\......
State::
M.I'M
Zip Code
33~ ~ Z.
Zip Code
Name ~ ,~~ V'-.....
4, Principal Business Adchcss:
City
S ta. te
Zip Code
8.
Business Phone:
o
Cell Phone:
.~ ~ \ - ~\-\.
5. Home Phone:
5u \ ~\o 2.- %0
E-Mail Address:
\:)~~ '^- CO U z:..l~
D
If so, whct'lt are you registered? so....:~ ~ ~~
<::;'\.0 \ - ~2-~O\
7. What BOlU'd(8)~U inmr~red in servi~ct ~r~er=,,-,'v- ~~ -\
6.
9. Educational qlalificarions: ~~
ceni1iC$.l.tton.:l and lice~ses which yon hold:
~ '-.l"f'.- \.. c.:...
0\\ C-~
11. Give your p.r:esent, or most recent employ
12. Describe apCOCl1cca, :!Ikills or knowledge which qualify you to serve on this board: (please amch a brief resume)
-I.~-'> ~
I hereby certifY that all the above statemenl'S are ttUe. and I agree aDd undee:ltand that any misstatement of m.II.tcrial fa~
. ~tain.d In~,;u. 'l'p~tioD ""~ ~.uure upOD my port of my 'Ppointm~t I =y ='7'- J
c oz~ b IlL; DCa
SIGNA'I'Ulm DATE J /
Note; This application will.rnnain on file in the City dl!:rk's Office fOJ: 11 period of 2 YC1U8 from the cbte it was
submir:red It will be the ~plicant's Iesponsibllity to ensure that a current llpplica.tion ill on file.
llIOT"tO-iIIt P:\I'OM.D\AlTIJ(:A.TI~
1
08/03/05
~~D 14:3J FAX 5612433774
/!?ea! ~ flJ 00 2
CITY OF DELRAY BEACH RECE \.fED
BOARD MEMBER APPLICATION AUG - b. 2005
C~'-"":';,f'-" f\,K
, 1 'j
gj ~
CITY CLERK
ORJtAV BfA-CH
~:~~
) lffft:
1993
2001
Name'
or
, '2 /1-/~L
/' 'J Sw.c
,'2tiCi( ;- L
Sutc
State
:iJD17 L c IJrl"iJ:l75 "i CD~:?---~,'2/ () In "en T i-tJ
8. Lise aIluty' Boards on which you He =cocly s=<Tiag or b:l.ve p..t:Vi.ausly s~ed.: (plGl.SC include dates)
Eo"C2.tio~ qI.J~fic2,tions'
C
~~hcc
to. List any relatcrl proEe.ss.o~, ce.r:tifiCttions.wd liceoses -which you hold:
~ C:Z' 't-o l'Cr
11. GiV'c YaW: [>rcs~~o' ~t eel: Ii'~' eni~yc(::td pOs!tl,on:
L' ,jA.)C ,ala, Uc ft:.., ,
" 'l---<- C--- _ /S "-- z:
N'ote: "f'hjs' ~[>J.lliCJlrioo will t:o::auinoo 61e in the, City Cledc:'sOf6.ec fO(,:l pcnod of 2 yeus from the d2.tt:: it W1S
submitte.d- It will be the :;applic:lOt's J:cspoosibililY [0 e'osuic du.t:l cunent apptiotWU is 00 file. '
. ' ' ,~~TlON
'I'
. .
~
1 . d
dSS=f,oO SO f,oO ~nl:l
RESUME FOR PEARL "BUNNY~~ MARKFIELD
ELROD
DIRECTOR OF RESEARCH DEPT FOR THE
NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS
REAL TOR: COLDWELL BANKER REAL EST ATE (22
YEARS)
PRESIDENT MERRITT PARK HOME OWNER'S
ASSOC6 YRS
BOARD MEMBER PROGRESSIVE RESIDENTS OF
DELRA Y AND CURRENTLY VICE-PRESIDENT.
.,
:")
MEMBER OF THE SWINW REDEVELOPMENT TASK
FORCE SINCE IT'S INCEPTION AND CURRENTLY A
MEMBER OF THE WEST ATLANTIC TASK FORCE.
WAS INSTRUMENTAL IN STARTlNGTHE DELRAY
LOOP AS A PROD PROJECT.
HAVE LIVED IN DELRA Y BEACH 8 YEARS AND
HAVE ENJOYED EVERY MINUTE OF IT. 1 LOVE
LIVING IN A VERY OLD SECTION OF THE CITY
AMONG A VERY DIVERSIFIED GROUP OF PEOPLE-
AND-I P ARTICULARL YENJOY LIVING INaNE OF
THE OLDEST HOUSES IN THE AREA.
'j
DELRA Y IS DEVELOPING AS A WIDESPREAD
EXAMPLE OF HEALTHY URBAN GROWTH AND I
AM HAPPY TO BE HERE TO ENJOY IT!
j
DRRAYBi:ACH
.. .. 0 .. . . A
*****
3.
Ci[]
City
AHmericaCity
" III!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
infoJ:Irultion:
1.
Name
2.
4.
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
-- 13;;L-J 56" I
Are you a tegistered vo er?
---
7. What Bo des) are you intereste In serving? Please list in order of preference:
, S .
8. list all City Boards o~ which you are currendy serving or have previously served: (please include dates)
().- .
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold
J!
e statements are true, and I agree and understand that any misstatement of material facts
ay cause forfeiture upon my Par:t of any appointment I may receive.
0(; -;L:L- Ob
DATE
application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYa..I!IlK\BOAJU>\APPUCATION
DIlRAY BEACH
~
AlH I uCIy
"II J!
1993
2001
RECEIVED
CITY OF DELRAY BEACH APR 2 4 2006
BOARD MEMBER APPLICATIONC1TY CLERK
1h1/A>
Please rint the followin information:
1. Last Name: S-\.-\ UTI
2. \~~e _~~esl'2.~ 5~T
3. Legal Residence:
SHJ.~ AS A&o\IE
4. Principal Business Address:
B I ~e JOE:l ~D 1 ~IE. Zoo
Name -n-\U y (.wee)
City
'I)e.l.R.A Y ~
City
State
FL.
State
J\1. I.T
Zip Code
3~~
Zip Code
City
6csYNto..... ~
State
FL
Zip Code
e34.a 7
5. Home Phone: Business Phone:
(?tDD "2(pS-I~ SCoI) 53~- 1042-
6. Are you a registered voter? "Yes
E-Mail Address: Cell Phone: Fax:
-snotts4 @ @"CoJ) (g~ s- 0145 ~,).5~ -1Ci60
eetrl-h IthiG, . r'leT
If so, where are you registered?p Al.H ee~a-t C.OU~
7. 'What Board(s) are you interested in serving? Please list in order of preference:
C1Z.~) "OVA)?Z.) l).6. HOUSI~ A~T"() "BoAe.oop CcN~-pz.u::nO>>OI=Af=1::eAlS
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
.sP~ - Cq/qc. - q 00
'PZ - C:IIJOI - '102 R.eSle~
9. Educational qualifications:
"..~ po$l-no...l WI1'1-I 1).S. C-f!.A
15 .~~I-n:-c::fUlU2. ($ -""(IZ. Prz.c~9$lc.JAL)
10. List any related professional certifications and licenses which you hold:
F\...o~\PA ,,6c-~~crvle.AL c..e-N:>e (;,000 ~
NA"nONA<L Jlc>~ ,~\... ~e:~ 1$ ~ E:oA-f2.,C> &\000 ~1Jc:( 3ZG:,
11. Give your present, re lt employer, and position:
s , ~u t.:a OA.
Se:..1\e>rZ- \....HJD ~Tln..s.M.EN'" ;:>IZ-D ecr ~~
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~~~~tt
SIGNATIJRE .
~OCo
DATE
Note: This application will remain on ftle in the City Clerk's Office for a period of 2 years from the date it \vas
submitted. It will be the applicant's responsibility to ensure that a current application is on &:Ie.
S'crrYCLERk'\llOARD\APPLICA TION
.
TBUTT.SBUTT
102 NE 12th Street
,.~
Delray Beach
lil
Florida, FL 33444
iii
561-265-1086/shutts4@earthlink.net
education
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA
College of Architecture and Urban Studies
Bachelor of Architecture (5-yr Professional Degree)
College of Engineering (Mechanical)
5/91
9/85 - 5/87
credentials
Florida Board of Architecture and Interior Design -license #AR0015422
National Council of Architectural Registration Board (NCARB) Certificate - #48326
American Institute of Architects (AlA) - #30196553
civic
City of Delray Beach Planning and Zoning Board (PZ)
City of Delray Beach Site Plan Review and Appearance Board (SPRAB)
City of Delray Beach large Home Task Team
9/01 - 1/02
9/96 - 9/00
expertise LAND DEVELOPMENT/BUilDING DESIGN AND CONSTRUCTION
Extensive (15+ years) supervisory and project management experience in land entitlement/development,
community redevelopment and revitalization, consensus building, public relations, and organizational
improvement in both private and public sectors; thorough knowledge of local and state land development codes
(including code research, development, amendment, and implementation), principles and practices associated
with urban and site design, and building design and construction; and, familiarity with real estate leveraging and
financing, Florida Building Code, statutes (Chapter 163) and FAC, and government procurement procedures.
professional CENTEX HOMES, Boynton Beach, FL 10/05 - Present
Senior land Entitlement Project Manager - Project management of traditional and mid-rise residential,
commercial, and mixed-use projects; due diligence and feasibility support for land acquisition and development,
construction, marketing/sales, and product development; proforma preparation; project manager for land
entitlement projects located in Indian River, Port St.Lucie, Palm Beach, and Broward Counties; developed
scope of services and reviewed development proposals for consultant services; budget preparation for
entitlement and associated surety for projects; and monitor emerging trends, legal issues, and government
pOlicies affecting projects.
DElRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, Delray Beach, FL
1/02 -10/05
Urban Designer/Project Manager - Project management (planning thru construction) of redevelopment
projects, developed RFP/RFQ procedures for procurement of consultant services including CCNA
requirements, selection committee policies and procedures, and reference verifICation procedures; developed
project management guidelines and structure for CRAlCIP projects with City; developed consultant contracts;
contract negotiation and project management of consultants' continuing contracts; oversaw and co-authored
the downtown design guidelines ordinance; manage and develop scope of services for affordable hOUsing and
mixed-use development projects; review development proposals within the downtown area; developed
organizational structure and management of 31-member Downtown Delray Master Plan Implementation
Committee consisting of key stakeholders (elected and appointed officials, business community leaders, and
citizens), department heads, and nonprofit resources individuals responsible for implementing adopted plans;
consensus buildinglinclusive partnerships with community stakeholders; assisted with redevelopment and
acquisition plans including all maps and Census and statistical data; drafting and graphic design/marketing;
development and implementation of paperless system for development projects; and, familiaritywith FOOT, FL
Historic Resources, PBC, and redevelopment grants (development and management).
PALM BEACH COUNTY PlANNING & ZONING, West Palm Beach, Fl 2/94 - 1102
Principal Site Planner - Code Revision/Architectural ReviewlBuilding PermitlPublic Information Sections,
experience also in each of following sections: Zoning Commission/Board of County Commisioners (Sr. Site
Plannerllnterim Principal Planner), Development Review Committee, Board of Adjustment.
Responsibilities
Supervised 13 professional (job creationlhiringlfiring/performance review) and technical/clerical staff
responsible for interpretation of land development regulations (preparation of staff reports, board packets, legal
ads, development review committee, and presentation of recommendations at televised ZCIBCC hearings);
developedfmplemented Architectural Guidelines Ordinance; supervised Managed Growth Tier System (MGTS)
Page 1 of 2
TRUY T. SHUTT
102 NE 12th Street
;'iI
Delray Beach
lil
Florida, FL 33444
1M
561-265-1086/shutts4<6>.earthlink.net
Implementation (Unified Land Development Code re-write); procurement and/or administration of consultant
contracts (landscape architects, land planners, and RF engineers); supervised and managed building permit,
code revision, and Zoning Division file room functions; assisted in development of Zoning Information Center
(coordination of interneUintranet applications, digital zoning map, and ePZB project); inter-divisional coordinator
for Planning, Zoning, and Building Divisions on Comprehensive Plan Amendment, Code Enforcement, and
Building permittinglinspections issues; developed training manuals (inter-divisional); budget preparation for
sections; space and facility planning for Division; and, expert witness for Division.
CURRIE SCHNEIDER & ASSOCIATES AlA, PA (nka Currie Sowards Aguila & Assoc.), Delray Beach, FL
Project Manager (Intern 8/89 - 5/90) 8I91-2J94
Responsibilities included code research, site planning, construction documents, contracts, specifications,
graphics, interior design, marketing, and presentation to clients and government officials and boards.
Types of projects included historic preservation and adaptive re-use, fire stations, municipal parks, US Embassy
- Madrid, Spain, automotive dealerships, educational and cultural arts facilities, civic center, commercial, single
and multi-family residential, mixed-use, Office, and tenant improvements.
List of projects are available upon request
additional skjJIs Autocad (R14 - 2006), Expedition, MS OffICe Suite (Word, Excel, Access, PowerPoint, MS Project, Outlook),
Adobe Creative Suite (photoshop, Acrobat, Illustrator, Publisher, InDesign), QuarkXpress, WordPerfect; drafting
and graphic design; fluent in English and Vietnamese. French; violinist.
references
Professional Affiliation
AlA Palm Beach Chapter (former President)
Secretary Thaddeus Cohen
Florida Department of Community Affairs
(850) 488-8466
Verdenia Baker
Deputy County Administrator
Palm Beach County
(561) 355-2030
Barbara Alterman, Esq.
Executive Director
Palm Beach County Planning, Zoning & Building
(561) 233-5200
Page 20f2
DElRAY BEACH
-
'Int!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
infotma.tion.:
/-3-lJ7
2 Home Address:
2- 71' l!: Cordi Il"61ce
3. Legal Residence:
)..p Cof-v I . kc.e 01.
4. Principal Business Address:
C;:ilver
C
Name ChrlS!e-1
Ci~b
City
JMtf k4'd
C..ity
MI.
--'
Stare
FL
State
fi
State
Zip Code
.71W.r
Zip Code
.lJVY.r
Zip Code
1230/ ;Ootuerl;A~ ,e(
S. Ho.mePbone: Business Phone:
floc.< ~
Er:Mail Address: Cdl Phone: fax:
chs .{I!vel!touie..(. ~f-q2<?-S:} 7'f SZI-2./fl-I.Yi'D
If so. where are you 1:eg1.steted?
7L
.1:/ 2JJ .
5h1-l.7,/- i?/oJ JZI 'f)Q-J22V
6. Are you a. tegisteredvoter?
Do
7. What Board(s) are au incc:tcstcd.in serving? Please list in order ofpteference;
I'lan/Jin -tP/1in . .
8.
i 9.
10. List any related professional certifications and licenses which you hold:
~. k~cI'
. 11. Give yow: pttscot;. ot ttlost J:ecent ctnployex. and position: ,{}~'.
/l-tIlr 4)s4? i6 .. ~;./ 17'. ~ ~~ ..r>1c
~ dC(~
I heteby~. . thd an the.above st:atdn ents are we, llild I agtce and understand that any misstatement of mAterial facts
contain. this app~ rm.y cause fOrfeitw:c upon my plU't of any a1?pointment I ~"Y receive.
. t4 (/tL/ . /,- J-ov-
SIGNATURE DA1E
Note: This a.pplication will tecnin on file in the City Ocrk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a c;uttentapplica.tion is on file.
S\OTVCLl!tlJ(\JlQAlID\III'l'UCATlON'
Christel Silver
278 E Coral Trace Cir
Delray Beach, FL 33445
Tel: 561-274-8153
Fax: 561-243-1390
Cell: 561-929-5799
Resume
Education: High School Diploma at Sequoia High School Redwood City, California
as Exchange Student from Gemi.any in 1960
High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963
Graduate from Law Academy in Berlin in 1966
Administrator of Justice from 1966-1985 working at the Court Houses in
Berlin, Essen, and Essen-Borbeck, Germany
Real Estate Schools in Maryland, Washington DC, and Florida
Graduate oftheCity of Delray Beach' Residence Academy in Apri12004
Participant in the Leadership of Del ray Beach 2004/2005
Licenses: Associate Broker in Maryland license #81131 since 1985
Realtor in Florida license # 60690952 since 2000
Certified Residential Appraiser in Maryland license# 71 02
from 1991until2004
Notary Public in Maryland from 1986 until 2001
Notary Public in Florida since September 2003
Certified International Property Specialist since 2004
Fair Housing: Member ofthe Fair Housing Committee at the Montgomery and
Frederick Association of Realtors 1990-2001
Chairperson for the Fair Housing Committee in Montgomery County
in 1995
Member of the Interagency Fair Housing Coordinating Group 1995-1997
Washington DC HOD Task Force member for Fair Housing
Voter status: I am a resident alien in the process of applying for my Naturalization
looking fOIWard of becoming a registered voter.
Membership: Greater Delray Beach Chamber of Commerce
(Chairperson for 2005 for the Ambassadors and Chairperson for a
Leadsgroup)
German American Chamber of Commerce
International Business Council of Palm Beach County Association of
Realtors
Membership Committee of Certified Residential Specialist (Chairperson
of the Florida Chapter)
Elected Director of the Board ofthe Coral Trace HOA for 2005
iCl11~-~-tL
/"':1--0 ()'
Christel Silver
Date
ORRAY BEACH
..
, III I!
1993
2001
.~~~ ~~\~\\b~ \)~\) ~,~
CITY OF DELRAY BEACH /i1/ot!!J
BOARD MEMBER APPLICATIOf1ltECEI\/ED
APR 1 12006
City
State
Zip Code
~h~.
8.
Ci~ Boards on which you are currendy serving or have previously served; (please include dates)
9.
10. List any relate
essional certification and licenses which you hold:
11. Give your pres
r most recent employer, and position:
12.
know~e ~hich qualify you to serve on this board: (please attach a brief resume)
that all the above statements are true, and I agree and understand at
pplication may cause forfeiture upon my part of any appoin en
Note: 1bi.s application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\IlOARD\APPUCAnON
.....
.l.....,...
ALAN J~ WEITZ
6312 Via Veoena North
Delray Beach, FL 33484
561498-2282 Home
561-654-1006 Cell
RESUME
After a successful career in investment banking with a Wall Street fmn and
mortgage lending with a New York bank, I was appointed by a US district
judge to become trustee of a publicly owned company which was in
bankruptcy. The company owned a bank, two life insurance companies, a
land development company, '3 building company and a mortgage banking
company. Under my leadership as trustee, the company emerged from
bankruptcy having paid all creditors in full. The SEe declared the
reorganization to be the most successful in the history of bankruptcy in the
United States. I ended my career as president of a savings bank and
president of one of the largest mortgage banking firms in South Florida. I
am a certified arbitrator for the NASD, American Arbitration Association
and the Better Business Bureau.
I served in the US Army as an infantry company commander with the rank
of captain.
I graduated from Lafayette College with a degree in economics and
government.
I served on several HOA boards in my former community, Broken Sound of
Boca Raton.
I have been a fun time resident of South Florida for 14 years.
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ZfM
AGENDA ITEM # q ~ -REGULAR MEETING OF JULY 11. 2006
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORI1Y
SUBJECT
DATE:
JULY 7, 2006
Mr. Richard Sheremeta has submitted his resignation from the Downtown Development Authority
effective June 9, 2006. This creates a vacancy for a regular member to serve an unexpired term
endingJuly 1,2008.
To qualify for appointment, a prospective member must reside in or have his or her principal place
of business in the City, and shall not be serving as a City officer or employee. There is a
requirement that at least four of the members must be owners of realty within the downtown area,
a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent
of an owner or of a lessee thereof so required to pay taxes thereon.
Currently serving on the Downtown Development Authority and meeting ownership and tax
payment qualifications are Mr. Louis Carbone, Mr. Herman Stevens, Mr. Fran Marincola, and Mr.
David Beale.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" attached)
A check for code violations and/ or municipal liens was conducted. N one were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3)
for one (1) regular member to serve an unexpired term endingJuly 1,2008.
Recommend appointment of one (1) regular member to the Downtown Development Authority to
serve an unexpired term endingJuly 1,2008.
Mark Denkler
Gerald F ranciosa
Diane Franco
Matthew Hardey
Elena Hartmanis
James Houck
Kenneth Kaltman
Pearl Markfield Elrod
Kenneth Peltzie
Nancy Schneider
Thuy Shutt
Thomas Stanley
Nancy Stewart
Harold Van Amem
DOWNTOWN DEVELOPMENT AUTHORITY
EXHIBIT "A"
(currendy serving on the Parking Management Advisory Board)
(also applying for the Board of Adjustment, Delray Beach Housing
Authority, Education Board, Civil Service Board, and the Public Art
Advisory Board)
(also applying for the Civil Service Board)
(currendy serving on the Board of Construction Appeals)
(currendy serving on the Nuisance Abatement Board)
(also applying for the Delray Beach Housing Authority)
(also applying for the Delray Beach Housing Authority)
(currendy serving on the Education Board)
Jun 12 06 10:41a
DEL RAY BCH CHAMBER
5612780555
p. 1
h,l/-~
,~ H.WS \
1{;:
Cry
(LGrlZic
f~x.
-<.1.3 - 3775/
~
Heller - Weaver and Sheremeta, Inc.
June 9,2006
Itcll!:' I ;:lkr, ['L, 1'\1\1
.I,dlll p, ",:".::1'. l'L P;.:td
l~il:II;lr,: \\' :-:hl'rc'llIl'I~I. PI"
J);i11iL'\ (' ,:d., FSiV!
,"'1'1\::""" ':,.:hr..,:dvr. PS[,'1
'f'r;.li.:Y; \.\';Ii"d. PI:
Engineers .,. Snrveyors ... Planners
Mr. Louis Carbone, Chairman
Delray Beach Downto\,.vn Development Authority
64A SF 511l Ave,
Detray Beach, FL 334:)3
Dear LOllis.
This is to advise YOLl that 1 am tendering my resignation from the Board of Directors
effective June I b, 2006. I \vill be retiring from Heller-Weaver and Sheremeta, lne 011
that date, and \vill no longer be in a position to serve on the Board My \vife and I will be
fulfilling a long time dream We will be heading out to North"vestern Montana to enjoy
our new log home that \ve designed ourselves and has now finally been built
The DDA has played such an important role in the shaping of our downtown to make it
the sllccess that it is today, You. Downtown Marketing Cooperative staff. City
representatives and Board members are to be congratulated for your tireless etTol1s in this
reg<lrd,
[t has truly been a pleasure to have had the privilege to serve on the Board, 1 will miss
working with each and everyone, and wish you all good health and continued success
Best regards,
Dick / /'
, /. /
,./'C;/ /17/;/'-
--/ ;; / /1 A
II". ~ {{/J
Richard W Shel meta
RECEIVED
JUN 12 2006
CITY CLERK
__n.'--.
.' I 0 S [) 1I ( h -.: a s ( Fir ~ I SIr t: c I. S 1I i t c F () 1I r () c 1 r :\ vB\.' ;1 c h, F L
,~ -l S -'
5(,1 12.+-'-:-;700
Fax:; hi
; 24:.-S777
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
64 SE 5th Avenue
Dekay Beach, FL 33483
06/06
Marjorie Ferrer
Executive Director of DDA
TERM REGULAR MEMBERS TELEPHONE
EXPIRES
07/01/2008 David Beale *Tax qualification Home: 477-1931
Unexp Appt 03/01/05 355 NE 5th Avenue Unit #1 Work: 243-1477
Reappt 06/21/05 Dekay Beach, FL 33483 Cell: 213-2040
07/01/2008 Louis J. Carbone, Vice Chair *Tax qualification Home: 276-5105
unexpired term 3/6/01 1708 S Ocean Blvd. Work: 272-0282
Reappt 06/18/02 Dekay Beach, FL 33483 Fax: 272-6013
Reappt 06/21/05
07/01/2009 Fran Marincola *Tax qualification Home: 274-4455
Appt 06/20/06 1138 Vista Del Mar Drive Work: 274-8899
Dekay Beach, FL 33483 Cell: 251-5885
Fax: 274-6778
07/01/2008 Richard McGloin Home: 276-5468
unexpired term-7/1O/01 2275 N Swinton Ave. Work: 274-6468
Reappt 06/18/02 Dekay Beach, FL 33444
Reappt 06/21/05
07/01/2009 Janet Onnen Home: 272-4503
Unexp Appt 06/21/05 946 Seasage Drive Work: 278-8362
Reappt 06/20/06 Delray Beach, FL 33483 Cell: 441-1140
Fax: 278-6221
07/01/2008
Unexp Appt
Vacant
07/01/2007 Herman Stevens *Tax qualification Home: 272-7477
Appt 06/22/04 601 Southwest Seventh Avenue Work: 278-1988
Dekay Beach, FL 33444
Contact person: Selma Kleinman 279-1380 X-15
Fax 278-0555
Membership increased to 7 members on 07/01/99
SICily Clerk/Board 06/DDA
Commission Liaison:
Rita Ellis
ORRAY BEACH
"0..."
*****
/~ /07
CITY OF DELRAY BEACH RECEIVE
BOARD MEMBER APPLICATIONC . D
DE nf 2005
CITY CLERK
;fifr
1993
2001
\) e.n
2. Home Address: Q
.;>2-0
3. Legal Residence:
S4.~ IL
4. Principal Business Address:
1!!::- 5'1
State
FL
State
M~
Zip Code
}")'11..{
Zip Code
1.
Name
fV\ ArK
City
State
Zip Code
~!~ &. ItTI~'hc- Ave-
Dtd
t~
Cell Phone:
f=-l--
!)~~
5. Home Phone:
Busiuess Phone:
E-Mail Address:
Fax:
~h~~~7~~&7b-'~lO
6. Are you a registered voter? )i If so, where ace you registered? PL
7. What Boa.cd(s) are you inter~ted in serving? Please list in order of prefecence:
eRA
. ~. List all City
or have pcevious y served: (please include dates)
9.
10. List any related professional certifications and licenses which you hold
e}
..., -<
lhl tr ~ %1>. .:r
~ Ilthl> S. vs.\,,",e~~ v,^,~e.J::)o J pw,...J e..
; I hereby certify that all the above statements are true, and I agcee and undersnmd t any nllssta ement of material fa
. ""'tred w. ~applOCariou =y cause fodeiture upon my part of ,oy "PpninOnent I may recci=
JlI\I..a-~ It>/n)b\
)GNATURE DATE f
Note: This application will remain on file in the City Cleck's Office for a period of2 years fcoin the date it was
. submitted. It will be the applicanfs responsibility to ensure that a current application is on ftle.
~~ ~ ~~~~
. 2m 5j/t; .
MARK DENKLER
320 N.W. 9TH STREET
DELRAY BEACH, FL 33444
EMPLOYMENT
Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E: Atlantic
Ave. since 1994. Third generation operator of retail shoe store started by my grandfather
in 1952.
Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate
Finance Department ResponSible for new loans totaling over $1 Billion as well as
managing a total loan portfolio of over $2.1 Billion.
Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division.
Supervised Credit Analysts in their preparation of credit reviews of the corporate clients.
First'City Bank of Houston - Lending Officer in the Corporate Lending Department.
Lending officer concentrating on loans and cash management services for national
corporate clients of the largest bank in Houston.
First City Bancorportation - Audit Supervisor in the Audit Department. Prepared audits
of the operations of the bank as wen-as loan documentation of the Lending Departments.
) I COMMUNITY ACTIVITIES
National Shoe Retailers Association - Director since 2003. Chaiiman of the
Informational Resources Committee and member of the Finance Committee as well as
advisor to the formation of the Independent Footwear Buyers Alliance.
Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04
First Pr.esbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance
Committee since 1999 and Chairman 2001-2003.
Delray Merchant's and Business Association - Board Director from 1995-2004.
. Chairman 2000-2002.
Defray Beach Chamber of Commerce -. Ambassador from 1994 to 1998. Finalist for
Small Businessman of the Year in 2001
City of Defray Beach - Member of Visions 20Q5 Committee and Member of two
Commissioner's Visionary workshops
Leadership DelrayBeach - Graduate of Class of 2000
EDUCATION
University of Texas at Austin, BBA - Finance
I- kU'l : tER-SHII
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;'1.)
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FA:< tlG. : ':,E.126607-tE.
t:l1'. CLI:]{Ji
111'..
1.;: :1:) t'A.l
'AU'3. 04330&);jk!iJ;
-;:'OP c.~
~'pl::ZY/.e- '?/it7J
CITY OF DELRAY BEACH E.GE.\\JED
BOARD MEMBER APPLICATIOIl 4 'l.\\US .
. ~UG -
~ c\..t.~\(
crT, .
City
OfUU.Y n'EAcH
~
1jp7
1993
2001
Plea.liie type OJ: print me following informuion:
L Lst Nlllnc:
,J
. ElJE {'T
3. ~ Rttsidc:.o.c.e: S ~
4. PLincipd.Busin.CS3 Ad~:
2.
City
Oqr
Sblte
Zit> Co&.
1.
Busmess Fh.o.oe:
E-MailAd~
. Cd.! PhoQe~
1-!'b-
7. \Xilut BOlll;d(~) 4UC: yuu tnte:r.;:sl in scrriog?Plosc list !n o.fd~ <)~ pccfe.c-encc::
/ frlV-rI C Vlr7m ; CS
8. u,,~, Ctty B"""" ~ wbkh you ~ ==,,\y ,cm"g .,d,..v. p<c.;.,usly 'ocv.& (l'b..;.,dude &..no.) rOW
. .~,
".
EdUC2.~ q~.C4li<:aG: B
to. Ic..lst any Ielated prof($sioasJ. c~tioas an.;! IiccOSQs which YOu hold:
ti:Gl.e youe P""'enl; ." =< ,-=0, employe<. >Dd pas.cia", AI-~'
" .
12.. Describe a:pedet1Ce$. ddfu 01: kno~edg~ whJ&quaJiiy)"OQ. to =evc ~o. dili a.u:d: (Ple:ue :unch~ hcicf resume)
. [M
~f!-~
. apptica.tion'lcil1 remain oatilc in tb.e CiLy Qcck"s Office for apeaod of 2 ye:u:s 6:oni the <htc it l:17!2S
luni~. Ie'lXTill be the: ap~<:::Ule~ rcsporisibi1ity to Cusuic- dJ:;i.t a. onrent. =q>pli.C::l.Cion 1$ <xl tile.. .
~~~.
)
)
~
'IIII!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
f1/~
..--n.!Cl!
C-. .. \--.....
f\ E. 'J.<-'"
I\~R , 4 1.U\W~
~: t\ \(
Crr'i CL-
Of1.lfAY BEAm
..,.......
--....,.**
2.
information:
1.
M..I.
3.
State
-L
State
Zip Code
j3 'IS
Zip Code
C~ Stare
t;LRAj .8%nc;/ 4
Cell Phone:
. @ 'S61)d-Jd'r/~ d '7;;.01/
Are you a registered voter? (r, If so, ere ac<;"y:ou registered?
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7. What Board(s) ate you interested in serving? Please list in order of preference:
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4. Principal Business Address:
'fJO:5 !P.ITIL/irJ//C fJJlE-
Zip Code
5. Home Phone:
Business Phone:
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Fax:
56!) ;;7;) .~ lff;f
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,8. LiSt all City Boards on which you ace currendy serving or have previously Served: (please include dates)
:) .... EN-bS OF ::1>EJ./<./i - VINcE I 'OLE c/l/7/p--,
11. Give your present, or most recent ~loyer, and .position.:
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12. Describe experiences, skills or knowledge which qualify you to serve on this boaed: (Please attach a btief resume)
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.1 heceby certify that all the above statements ace ttue, and I agree and understand tfu.t any misstatement of material facts
co . ed in this application may cause forfeiture upon my part of any appointment I may receive- .
fiJrI! 9 ~?J b
DA: './
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'ClIYa..EIlinBOARDIAPPUCAllON
DIANE FRANCO
#12. " In addition to raising and supporting my two sons as a widow in South Florida during
the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the
opportunity to be employed in several positions that honed my interpersonal sales skills.
During the past 5 years I have concentrated my efforts both as an investor in both the financial
markets as well as the local real estate market, acquiring, developing and presently manage
several residential and commercial projects in the City of Delray Beach.
",
'-'
mr
-1993
2001
f;7/tJcg
CITY OF DELRAY BEACH RECE\VEO
BOARD MEMBER APPLICATIONAN , 7 2006
C\TY CLE.RK
OaRAY"R"EACH
..........111
*****
2.
~+
Name
3_ Leg.tl Residence:
4_ Principal Business Address:
" City
State "- Zi(> Code
5. Home Phone: Business Phone: E-Mail Address: CeU Phone: Fax:
~(p / - JJ-13 - '-IP 08
6. .Are you a registered voter? , e- (' If so, where are you registeted? P I
-> " . c.., '""-
7. Wlut Board(s) are you interes ed in serving? Please list in or:de,~ o~ pr:efet:~ce:
OV~+uW~" beueJuptre.N-J AiJh~ )-) S'J~ ~-Cr~e5C~~t #~~- 3) Coof~ ~force~-v
8. List 2ll Citr Boards on which you are cuttendy serving or: have pr:eviqusly served: (please include dat~J 4 P JCv1-1I--t
......
") hone e-+- -JJ.,fj r/YJ'-e. _ - - 4*'1 A n eue>-
9." Edu tion21 qtulifications~ -
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10. List any r~ted professioruu certifications and_licenses w .
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11. Give yow;present, or most recent eniployer, and positio~
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. 12 Describe experien~, skills or knowledge whiCh quilify you to serve on this board: (please atttch a-brief resume)
se€.- _C-. *~O( - ('CSv~ _,_ :I:", <je/lef"'^-\ _ L:_ ~~ ~
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I he.reby ce.rtify that all the above st2.tements_ are ttue, aha I agree and uudeJ:S~nd that any misstatement of material facts
cantlin . this p'lication:. ca orfeituce upon my part ofany appointment I lIDlY receive. 11
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"Note: This "application will remain on file in the City Cle.t:k:'s - Office for a period of 2 ye:u:s fr()m the date it was
submitted. It will be the applicanf s responsibility to ensure- tha.t ~ CUttent application is on file. - ,
- - L r() '. _ - - - _ _ - . ." _S\01YCl.I!IOOlI~noN
Matthew W. Hartley
2522 Ella Street. Delray Beach, Fl 33444
Home: (561) 243-4808. Cell: (603) 674-3067
m_ wade_hartley@hotmaiLcom
aUALtACATIONS PROFILE
Infoonation Technology Specialist with a diverse background in customer interfacing, technical writing, project
management, and software engineering (specifically in speech and web technologies). Exceptional
interpersonal communication, leadership, analytical, and organizational skills.
CONSULTING ENGAGEMENTS
)
Genesys labs, San Jose, CA. (Nov 2004)
Enabled Genesys Labs system test group with installing, configuring and troubleshooting
WebSphere Voice Server 5.l.x.
Cisco Systems, Boxborough, MA. (Feb 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test
group with installing, configuring and troubleshooting WebSphere Voice Server S.l.x.
Bank of China, Beijing, China {Feb 2oo5}
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Bank of China.
Call Design Ply ltd, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.l.x product, enabled for installing, configuring, and
troubleshooting WebSphere Voice Server S.l.x, and helped develop a voice application for a
Call Center conference in Sydney, Australia that used WebSphere Voice Server S.l.x.
Holly, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Holly.
Genesys labs, Sydney, Australia (March 2005)
Installed WebSphere Voice Server 5.l.x for their use in product demos.
Gold Systems Inc., Boulder, CO {April 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical
staff with installing, configuring and troubleshooting WebSphere Voice Server S.l.x.
AM Auto Club of Southern California, Costa Mesa, CA (June 2005)
Installed WebSphere Voice Server 5.l.x product at customer site for production deployment of
customer IVR
AM Auto Club of Southern California, Irving, TX (Nov 2005)
Provided on-site customer support for the WebSphere Voice Server S.l.x.
PROFESSIONAL EXPERIENCE
May 2002 - present, International Business Machines Cotp., Boca Raton, FL
STAFF SOFlWARE ENGINEER
Projects and Highlights:
Co-{jesigned and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server
. Designed and developed components of the WVS 5.1.x MRCP Server, specifically the
functions that dealt with RTSP and OTMF processing.
. Worked with BP (Business Partners) IVR (Interactive Voice Response) systems ~.e. Cisco
5400/5300 gateways, Genesys Voice Platfonn). Set up development lab with respective
BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's
on issues found during interoperability testing.
. Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored
, sales/technical conferences.
')
Co-{jesigned and co-{jeveloped a VoiceXML 2.0 compliant web browser
. Designed and developed the part of the VoiceXML 2.0 compliant web browser that
managed the fetching of resources and implemented VoiceXML caching poficy.
. Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM
colleagues.
Matthew W. Hartley conL
November 1999.- May 2002, International Business Machines Corp., Boca Raton, FL,
SOFlWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed a set of voice application development tools used to create VoiceXMl
applications.
· Team lead for the design and development of IBM's Reusable Dialog Components 1.0
release. Managed the entire design and development cycle, wrote a detailed design
specification, and performed project management duties which included (but is not limited
to) identifying project tasks (and milestones) and ~ssigning resources to those tasks.
· Designed and developed a graphical user interface for importing and customizing IBM's
Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE.
· Co-developed the VoiceXMlEcfrtor within IBM's WebSphere Voice Toolkit IDE.
August 1996 - October 1999, State Street Corp., Quincy, MA,
ANANClAL ANALYST
Projects and Highlights:
Senior level position providing customer interface, project management and developmental analysis
for Securities Operation Division.
· Project Manager for a proprietary client-server application called "Global Tax System".
Designed to automate Global Tax Department processes and deliver reporting
requirements to sub custodians~ Coordinated customer engagements. and user
requirement proposals, technical planning and design, UAT (User Authorization Testing)
testing, and installation/deployment
· Co-developed a proprietary client-server application called "Securities lending". Designed
to track and bill Brokers on dividendFlOterest payments outstanding.
· Co-developed a proprietary client-server appflcation called "Sommisft. Designed to forecast
budgets for all departments and cost centers under the Securities Operation Division.
)
TECHNICAL SUMMARY
Programming Languages:
Grammar Languages:
Markup Languages:
Scripting Languages:
Development Software:
Web Server Administration:
Protocols:
Java (J2SE and J2EE)
Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar
Specification (SRGS), Java Speech Grammar Format (JSGF), Speech
Recognition Control Language (SRCl
Extensible Markup language (XMl), Voice Extensible Markup Language
(VoiceXMl), Speech Synthesis Markup language (SSMl), Call Control
Extensible Markup language (CCXMl
Java Script, ECMA Script
IBM Rational Application Developer, Eclipse, MS Visual Studio, Visual Slick Edit
IBM WebSphere Application Server, Apache Tomcat server, IBM HTTPSefver,
HTTP (Hyper Text Transfer Protocol), SIP (Session Inttiation Protocol), RTSP
(RealTime Streaming Protocol), MRCP (Media Resource Control Protocol), RTP
(ReaHime Transfer ProtocoQ, SOP (Session Description Protocol)
EDUCATION
UniVersity of Miami, Miami, Fl (Dec 20(4)
M.S., Management of Technology - Magna Cum Laude
UniVersity Of New Hampshire, Dumam, NH (May 1996)
B.S., Business Administration - minor in Rnance, Cum Laude
B.S., Psychology, Cum Laude
REFERENCES
References are furnished upon request.
DRRAY BEACH
~
--dean
"lit
1993
2001
47/OV
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2.
information:
1.
Name
3. Legal Residence:
4. Principal Business Address:
5. Home Phone:
:5(.,j )1'-/ d-Y)...() t\)'""'i,3~)~)c::>
6. Are you a registered voter? YE.5
7. What Boud(s) are you interested in serving? Please list in order of preference:
S(,Q ~J 85 (.
L
8. List all City Boards on which you are currently serVing or have previously served: (please include dates)
9. Eduational qualifications:
10. List any related professional certifications and licenses which you hold:
1 t. Give your present, or most recent employer, and position:
. 0P
12. Describe experiences, skills or Imowledge which qualify you to serve 00 this. b<rard:(I>lease attach a bciefresume)
P - u ..
I hereby certify that aU the above statements are true, and I agree and understand that any misstatement of material facts
~ "'" "Pp""tion m,y a= rodci"", opon my "'" of 'ny 'ppointmenl [ m,y =<iv<,
~ . ---.... {V)ALJ ~ ~{}nb
SIGN RE DAlE
Note: This application will remain on file in the City Clerk's Office fora period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current apt;!ication is on file.. .
HE C.f!1VE:tY,^PPUCATION
d
JU N _':0007 2006
CITY CLERK
Elena HARTMANIS
75 Atlantic Grove Way
Delray Beach, FL 33444
561.756.5551
ehartmanis@emiqroupinc.com
Employment History:
2002-present EMI Group, Pompano Beach, FL
President
Responsible for producing weekly radio show Grande living on WBZT AM; booking clients for radio
and TV interviews, Publicizing book tours; new business development; marketing; coordinatil!lg
special events; pairing clients with local charities and building alliances through community relations
and business to business.
'999- 2002 Tilson Communications, Boca Raton, FL
Senior Account Executive
Responsible for communicating and coordinating national, regional and trade media; client special
events and campaigns; booking clients for in-studio and on-location television coverage. Assisting .
with new business development, including presentations and attending networking events.
National and local clients include: Mars Music, Truly Nolen, Del Webb Corporation, Office
Depot, Fidelity Investments, Rexall Sundown, Phoenix Foundation, Pressman
Communications, Gold Coast Builder's Association, Ibis Golf and Countty Club, MacArthar
Park and Medical Staffing Network.
1998-1999 Resort Landscapes, Boca Raton, FL
Client Relations
Developing in-house marketing programs and strategies; coordinating customer relations and
international shipping for multi-national landscape companies specializing in the development of
Caribbean resort properties
1997-1998 McGee & Star Advertising, Boca Raton, FL
Account Executive
Developing and organizing advertising campaigns for television, radio and print media, assisting
with media buys for each campaign; developing and implementing new business campaigns;
coordinating special events for clients
1995 -1997 WSVN - Channel 7, Miami, FL
Research and Writing
Assist reporters, anchors and producers in researching, writing and gathering information for
human-interest stories and special rep9rts. Assisting in research of WSVN. file archives for
information and film footage requested by national affiliates, CNN, "America's Most Wanted" and
"Inside Edition." Writing news copy from wire service transmissions.
1994-1994 WSVN - Channel 7, Miami, FL
Intern
Internship with Kelley Mitchell, News Anchor and original co-host of "Deco Drive. Primary duties
included developing story ideas, participating in. field interviews with "Deco Drive" production
crew, writing news and assisting news anchors Kelley Mitchell, Rick Sanchez and "Deco' Drive"
segment producers.
lass of 1995 'Florida Atlantic University, Boca Raton, FI
Bachelor of Arts in Communications
Courses of Interest: News and News Reporting; Radio and TV Production; Media Criticism;
Acting I; Communication and Rhetoric Theory; Media Studies; Persuasion, Propaganda and
Public Opinion.
Post Graduate: Meeting Management and. Event Planning
Organizations: Boca Raton and Delray Beach Chamber of Commerce,
American Cancer Society - Volunteer
Milagro Center - Volunteer
Stand Among Friends - Volunteer
wi!
..
. ,~
1993
2001
3IbL~g'.
CITY OF DELRAY BEACHRECFi\fC()
BOARD M~M8ER APPLICATleJH2 7 2006
CiTY CLERK
Oa.RAY BEACH
....011......
*****
Please rint the foUo
1. Last Name: -
information:
~~
City
MI.
~
zp Code
5
Zip Code
~
2. Home Address: -::> - -~ L -AfJ'f'
. - ~ -03> _,~ lA..)&~-
3. Legal Residence: - --
. - 6 &1Y\r::
.4. Principal Business Address:
Name
City
State
Zi{J Code
1.
Cell Phone:
Fax:
S. Home Phone: - -Business Phone:
~~t:: .~~~~
6. Are you a registered voter?
8.
)
9. Educational qualifications:
- ,~~ LoO-.
v
r---U~
i 10. List any related professional certifications an<;J.licenses which you hold
Of\-. ---
d;)~ ~b (Oil V
t 1. Give row; present, 01: most .tecent employee, and positio~
. '-\ -.'
w.lify you to serve. on dlls board: (p~e attach a bae
. _ ' e..~ c6QL-8U
statements are true. and I agree and unde.cstand that anymisstatement of roateriU facts
"cause forte1tw:e upon my part of any appointment I riuy 1:eceive:..
. . iI-cl!EJ 0
DATE - /
Note: This application will remain on file in the; City Clerk's Office for a petiodof2 y~ from the date it was
submitted. It will. be the applicant's responsibility to eUsuie" that a cun:ent application is on file. -
S\ClTYa.I!RDBOAlU'MnUCAUON "
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL HISTORY
Page 1 of3
)
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management(18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PROFESSIONAL mSTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
Property Manae:er
j
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
.649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3)developer turnover
settlements, 4 asphalt roadway overlay & 9 sealcoate projectS, 8 painting and 5 sloped roof
replacement projects.
- Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally have to the calculations. .
Work with various city and county agencies on building and landscape projects.
1989 -1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
Property Manae:er
).
Consistently directed the operations of up to 15 properties, collectively consisting of more
than 1,000 two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,500,000 collectively.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
. Resume - Page 2 of3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - Property Manaeer & Leasine Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot OfficefWarehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared monthly financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Aeent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 - 1985
FRED SANDS REALTORS (Los Angeles, California)
)
Real Estate Aeent - Commercial Division
Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
extensive cold calling on owners, tenants and other brokers.
1974 - 1984
ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturing company.
Western Reeional Sales Manae:erlMulti-Housine Division (Based - Los Angeles, CA.).
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Reeional Sales ManaeerlMulti-Housine: Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National Operations ManaeerlInstitutional Division
Supervised all corporate accounts and dealer services.
Corporate Sales Ene:ineerlDraftsmanlEstimator .
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSIDPS
2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76)
2005-Present Florida Notary Public Commission (#D411955)
1989-Present Florida Community Association Manager License (#5414)
1987-Present Florida Real Estate Broker License (#500323)
1984-1987 California Real Estate Broker License (Not-Active)
1984-1987 Affiliate member of the "International Council of Shopping Centers" (lCSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Defray Beach, FL - Vice Chairman - Board of Construction Appeals
) EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA- Tucson, Arizona
Bachelor of Architecture Des:u-ee
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
) jdhouck51 @bellsouth.net
STRENGTHS & SKILLS
Page 1 of2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
)
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement
Able to manage a broad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
- . Understand financial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand and work with lease/sale analysis and investment software.
Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis and economic plans.
Orient new residents/tenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand staffing and employee relations to create a top notch team.
Maintain expense controls and increase Net Operating Income.
Able to properly oversee the selection of contractors and other vendors.
Strong ability to administer contracts and create tenant relationships.
Proven recoId of excellent internal and external customer service.
Provide direction and leadership to various in-house and out.:sourced personnel.
Inspect and evaluate all building equipment, systems and grounds to insure that.the appearance and
operations of the " property meet established standards. "
Develop emergency procedures and preventative maintenance programs.
Develop operating and capital budgets and track variances monthly.
Manage approved capital expenditures.
Negotiate and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of2 - Strengths & Skills
j
!
FACILITY MANAGEMENT
)
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordinate and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fIre sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architectural building systems.
GENERAL
Understand the dynamics of a lease and leasing to a tenant.
Long term knowledge working with computer programs (Word, Excel, Access & others).
~" -- Strong organizational,. management, administrative, communication and leadership skills;
Mature, responsible and businesslike in demeanor.
Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
) . .
7-06-20(2)4 10: 12AM
FF -'1 NCS 561 330 7648
P.2
DURAY BEACH
~
;ijir
1993
2001
7-&-00
~QflC,tJ fhaha:JE'J
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Plcaserint the followin information:
1. Last Name: C~~'f"I\M
2. Ho e Address~ \ , : \
08 lN~\''\.... SV\h .~..,..<--..
3. Legal Residence:
, ~t
~s-s-
Name .-
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City
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City
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E-Mail Address:
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4. Principal Business Address:
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State Z~j;de
FL
State 3~~~(
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State Zip Code
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Cell Phone:Jb ( Fax:.!1 (
B70-\.{~S' 73" -7-0 V'. /
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If so, where are you registered?
\S~
$-s'i:<83
5. HorriePhone:
~(- 27lt"", 7JI
6.
Business Phone:
7. \<1p~t Roard(s) are you inte;:pted Ie ""PnNf1g? Please,Jist in ordeJ:..9f preference:
~ .s l}N r ~ I'\-6 ~~\ 't~/}-/l.-t~ -
-o~
,8, List all City Boards on which vou are currently serving or have previously served: (please include dates)
}
9. EducatJ.'ooal qualificavons:
N\.J .4. ~ \. \--
~ 'f l^Sh.-t-~
f(~e-Q
10. List any-related p~qfessional certifications and licenses which you hold.:
Nb~C -
11. Give your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~ (t~.
e ove statements are true, and I agree and understand that any misstatement of material facts
. n ouy cr~e fooorore upon my part of my appomun,"~ r;;:;
DATE .,
Note: This application will remain on fLle in the City Clerk's Office f~..21.~~r2R years from the date it was
submitted. It will be the applicant's responsibility to ensBl.ii~lication is on file.
. S\CtTYCI.EAAI90AR[JI,API'UCA TION
Hn :4J7
A {A-iIJ
JUL -.6 2004
1--\1b-~ 11<1' J ~AM
.1994- present -
1982-1994 -
1978-1982 -
1965- 1978-
196] -) 965 -
NASD Exams -
l
t- K'."Yl 1\11..;:::;' ::>t> J ~1<1 I b4c)
t"'.'::'
Kenneth T. Kalt.man
National Compliance Services
355 NE 5th Avenue
Delray Beach, FL 33483
National Compliance Services - Manager ~d Field Auditor
National Regulatory Services - Sales and Compliance
The Securities Group - Senior Partner! Trading and Compliance
Lehman Brothers - Senior Vice President. Trading -: established
London and Tokyo office for Lehman
New York Institute ofFinanceJUniversity of Tampa
Series 63, Series 7,'Series 24
CITY cLERK
L?ea! k- flJ OO~
06/Q3iQS ~~D 14:33 FAX 56124J3774
~Y8fACH
. .. ~ .. .. .. ....
....ft~
SlUr
1993
2001
CITY OF DELRAY BEACH RECE~\!ED
BOARD MEMBER APPLICATION AUG - b 2005
ClT~'~ ';;1<
2_
2 /I- /:.c L
/' '} St::UJ?-.
'2uCK ;-- L
S (:lie
SoU:
3_
F.uc:
Educuiarul qu1lifio.tions-
. . 'C-
.~bC'o
to_ List any I:chtcd pro(e.ssiog.a1~atificatiolls_~~ licenses which you hold:
k-. z/V IL/
//~; /5/
Lff
SIdt^TUIU!
. DATE
Note: ibis 2.pplicstioo will rc:nuia O'n file in the' City" CledCs offiCe for 2. pdiod of 2 ycu:s frGm the d::&.tc it W":JS
submitted. It will.be the: :applic:u:lt~s J:cspGosibilil.Y CD e'osuic dut'3- cunent a.pp1i~tioo is GO 6le- .
_' _ ~^"D'A~uc^"nON
I-d
dSS=vO SO VO ~nl:J
Aug 04 05 03:30p
p.2
RESUME FOR PEARL "BUNNY" MARKFIELD
ELROD
DIRECTOR OF RESEARCH DEPT FOR THE
NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS
REAL TOR: COLDWELL BANKER REAL ESTATE (22
YEARS)
PRESIDENT MERRITT PARK HOME OWNER'S
ASSOC6 YRS
BOARD MEMBER PROGRESSIVE RESIDENTS OF
DELRA Y AND CURRENTLY VICE-PRESIDENT.
MEMBER OF THE SWfNW REDEVELOPMENT TASK
FORCE SINCE IT'S INCEPTION AND CURRENTLY A
MEMBER OF THE WEST ATLANTIC TASK FORCE.
WAS INSTRUMENTAL IN STARTING THE DELRAY
LOOP AS A PROD PROJECT.
HAVE LIVED IN DELRA Y BEACH 8 YEARS AND
HAVE ENJOYED EVERY MINUTE OF IT. I LOVE
LIVING IN A VERY OLD SECTION OF THE CITY
AMONG A VERY DIVERSIFIED GROUP OF PEOPLE-
AND-I P ARTICULARL Y ENJOY LIVING IN ONE OF
THE OLDEST HOUSES IN THE AREA.
Au~ 04 05 03:30p
p.3
DELRA Y IS DEVELOPING AS A WIDESPREAD
EXAMPLE OF HEALTHY URBAN GROWTH AND I
AM HAPPY TO BE HERE TO ENJOY IT!
)
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'. .::C'TY:;Oi=.;'.DE~RAY'.BEACH>.".
. 'SCJARD'.MEM8'ER"APPLI'CATi:ON'
Please type -Or 'PDnt.the foUowini{iafoIJDjluon:
.J .. I..:I.:n. N iWJ<::
Peltz:ie
Name Ken'neth.
.' . ~,,{:r:-.
City
. SuttL' ....Zip..<3od<:: c.'
33445".....
.Zip Coden ..
. '.
. ..".
u..,' "'
:z.. HOlDe :Addr~s:' . 2260 RabbjtcHollo~e Circle
'3~ '. 'Legal.Residence:
. Sa"me. ..'
4. P.cincipaLB~in.';'~ Addrc",,:
Giy
Oeiray Beach
St;.Lte
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State.
..liP -c:ode':
. .{~~::~~i.;~~;i~::'~~i~~'~r.:.-~~~.~:.: .. .'. ~
.5: .:.nome I'hoac: B~i~=G Phone:
. ,"-" . .:....~ -......ci:..':"' ~~~
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5f?1~98-4764' ._ .::..::-.-....~:.:::....I.:-::.:.;....:...
6. A.J:e 'fOu'$..rcci...rereo. vQter? . ..'
. ....eS. "Defray.Beach, F'Ono.8.
.-7:; whl1t"BOIlcd{s) aie: you irl~crested in s~ Please Use in ocdcr:of p.ccftt<:u.:c:
E.Mt<ilAddress: . .. c:.e:111?~~11t;~[_~1 FaX: .," ""
kpeJtz:ie@ya~oo.com" l;j b -t6~3ei 1 ...;~:;~:.. ..,~: '.~ '.::::-"-:;:i_:'
"
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If so, where arc:,You registered?
Downtown Development Authority ~ P i 0 ~ ~,..... ,... c..... 'ol2'0 -'. ~., B da- -" c-' .C'~A'
8: U:;t'iU City Bom:<h on Which 'YOll.:u-t: cw:r~dy serving or'hl[V'e p(~ously licrve<.k(P1el!s.,o mclui:k dates) - .' . .
,:,'.PI~nning and Zoning Board 8i15/00,to'current
Masters in' Public HeaithlAdministrative .Medicine
- :.~
9. Educarionil qualifiCations:
""1
10. Lil>t any .J:C.1i.red professioualcertificari.o.IJs and licenses which you,hold
--:!
Ii; Giirc yoUr p~<::oi,; or ;m.o3t: re<;ca1: c.m.-p1oyer..an<1 po&itioa:
.'
: .. .
Vice PreSident, Whitsyms Nursing'ltd
:" . ....::
.. .' ".' . '. ~
12. Desa:ibe aperienc<:s~.$kills OJ: knowledge "".hich -qualify you to save on this b~~ '(pl~sc:~tb~ ... brief iesurn-=)
FottV Year exoerience in' Health .Care Adm' ..
an.and 'Communi.ty :Pl~nf)ing
.. . o."f
. .,
.. ':.":. . . .....1
Served as an offi("~r and BnanfM~mber of a'humber of"mmmnnitY.r.;r!?ruzati'ons .'.:-". <;'. ;. . ...:':
I hr.r.cby o:%wy Wal ..Il ~c a.b<'.J"C SlatCo-r.c:at'l a= b:uC, and: I agree ond ,,'u<1C=t::Ul.d that =y rnu.ct:Jtt:en:"'=-~ of ffi,2t.ett..-.l {,.r.r" .'. ...' .'.'. j
CQQ~ in this ~ti/:JY QUSC ~orfeinm: upon m.y p;.u:t of-any lIppoio.uncnt-I lD"-Y ~~c- .':~,.-~ . ':.: . . .' :''': i
S1GNi{,,~. n!1i."4' ["'f~'dJ~' u .... . ........
Note: This. llpplicatioll will.rcInain ou :fi1e- in the City Gerlt's OffiCe.for. ll.: period of 2 yeuS' ,froai."ilie dace.it was '. . .:'.' ...... .'.'j
'submitted. It-will be the applicant's responsibiliq to.ensut:e that a cw:cenl: :.tpplicarlonis on.fik.. ":. .... . ..:.... .....:. '. :
. .' ~"'R.tJWOlUC"'T1<J\oO': .'
. .,-
." .'
Sunday, May 16. 2004.max
KENNETH GERALD PELTZIE
2260 RABBIT HOLLOWE CmCLE
DELRAY BEACH, FL 33445
561-498-4764
GENERAL PROFESSIONAL exPERIENCE
Hospital Executive & Planner Health Educator
Health Care Institutional Consultant
Corporate Executive (Health Care Consulting Finn)
Federal Government Health Care Program Analyst
SPECIFIC PROFESSIONAL EXPERIENCE
2003- to Present Vice President, Whitsyms Whitsyms Nursing Registry,
Delray Beach, Florida
1-999 to Present Independent Health Care Consultant
1987 to 1999 VicePresident, Corporate Strategy,
Bethesda Health Care System
Boynton Beach, Florida
_1990 to Present Adjunct Assistant Professor,
Health Care Administration
Florida Atlantic University
Boca Raton, Florida
1982-1986 President,
Affiliated Hospitals of Indiana
(a network of 18 hospitals in centra/Indiana)
1980-1982
Executive Vice President,
Community Hospital of Indianapolis
Senior Vice President,
Robert Douglass AssQ(~iates
(a national health care consulting finn).
Vice President,
Chi Systems, loc
(a national health care consulting finn)
Associate Administrator, Assistant Administrator,
Sinai Hospital-of Detroit
(a 620 bed university affiliated teaching hospital)
Budget Examiner,
Burea~ of the Budget (now -~heOffice of ~anagement ~nd Budget)
Executive Office of the PreSident, -Washington, D.C. .
Administrative Officer, United States Air Force Hospital,
Dyess Air Porce Base, Abilene, Texas.
1972-1980
-1966-1972
1961-1966
- 1958-1961
1957-1958
Resident in Hospital Administration,
Sinai Hospital of Detroit
ACADEMIC exPERIENCE
B.A. College of Liberal Arts (Biology and Psychology),
Washington University, St. Louis, Missouri, 1955
Graduate Studies (Industrial Psychology),
Psychology, Graduate School of Arts and Sciences,
Washington University, 1956
M.S., Administrative Medicine (Hospital Administration),
School of Public Health, Colunibia University, 1958.
PROFESSIONAL MEMBERSHIPS
American Hospital Association - Personal Member
American College of Healthcare Executives - Fellow
International Hospital Federation - PerSonal Member
Community .Activities
Palm Beach County Health Care District. Finance Committee
Crossroads, (Substance abuse support Center) Past Board
Palm Beach County Emergency Medical Service Advisory Council,
Past Member
Delray Beach (FL) Planning and Zoning Board, Member and Vice
Chairman .
HOPE Project (A not for profit .organization providing free
mammograms), Board member and Treasurer.
Deaf Service Center (A not for profit hearing loss support
. organization), Member of the Board
United Way of Palm Beach County, Member of the Finance
Committee. .
Leadership Palm Beach
. Rotary Club of Defray Beach, Member and Past Treasurer
~I Il'=^.'--n
. 4. . ... . . ..
*****
mr
1993
2001
CITY OF DELRAY BEACH .. .d~4r,
BOARD MtiMBER APPLlCA~. ...'tll~.
~r..'i~J
Cn"f C \..€-?-\<.
Please tint the followin
1. . Last Name: S
2. Home Address:
infOOlliltiOn:
Name
M.L
3.
....-
1.4. Principal-Business Address:
City
State
Zip Code
5. Home Phone: .
-Business Phone:
E-Mail Addiess:
Cell Phone:
Fax:
'" z.-<OS:.>2. '3 c.
6. .Axe you a registered voter?
s
7. What Board(s) are you interested in s~ Ple2.Se list in order: o~ pcefet:ence:
r-p ~Y'\.. evvY'\. M ~
8. list all City Boards on which you are currendy serving or have previously ser:ved: (please include dates)
CY\~
9.
10. List any related professioruU certifications and licenses which you hold:
v.S .
11. Give yow; pres,ent, or most -tecC.nt eoiployer, and P9sition:
~ ~"" Q)(\ . - ,-
. .
Note: This application will remain on file in the'CityOe.r:k's Office for a penodof2. years from the date it was
submitted It will-be the applicanfs responsibility to efisuie-tha.t a current application is oafile. .
- . SlCrtYaJ!1UQBOA1U'Mrl'UCATlON .
NANCY E. SCHNEIDER
41 East Road, ..
Delray Beach, FL 33483
561-265-3236 Home
305-720-4464 Cell
nschnei5@fau.edu
EDUCATION
Florida Atlantic University - Currently enrolled in Geography Masters and GIS Certification Programs.
MBA, Keller Graduate School, Chicago, IL, 1995
BS, Business Administration, Western New England College, Springfield, MA, 1982
AutoCAD I and II, Miami Dade Community College, Miami, FL, 2000
EMPLOYMENT HISTORY
PLANNING INTERN South Florida Regional Planning Council, Hollywood, FL January 2006-present
. Compile data for the FEC Corridor Study regarding land use, CRAs, planning, Brownfields, Enterprise
Zones, Comp Plans, EARs, and other relevant information on municipalities in Dade and Broward Counties.
. Interpret importance of data relative decision making on station locations.
. Write Summaries for data for FOOT.
FLIGHT ATTENDANT American Airtines, Miami, FL 1998-present
. Customer service (received five "Someone Special- awards in first year).
. Working knowledge of SABRE.
. Maintain and enforce FAA, TSA and security regulations.
. Work well in crewmember teams as well as leadership roles.
. Endurance, quick response, conflict resolution,f1exibility, spontaneity and patience.
ACCOUNT MANAGER Pepperidge Farm, ChicaQo, IL 1989-1997
. Fifteen years of successful Account Management and Marketing in consumer products and
telecommunications. Developed. successful marketing/public relations campaigns for a variety of industries
util~ng a range of marketing tools including, but not limited to trade shows, radia advertising, print
advertising, press releases, billboards, and brochures.
. Repeatedly attained key corporate objectives as well as increased sales and profits for accounts.
. Conducted category reviews and business reviews.
. Coordinated work of various levels of management at accounts as well as in-house support staff, ensuring
successful marketing programs
. Maintained database containing vital client data. Proficient at all frequently used spreadsheet and word
processing programs.
. Conceptionalized and launched Goldfish theme that served as model for national campaign.
. Dramatically increased space by developing creative sales incentive programs.
. Created resourceful new promotion strategies, maximized product movement and unit profit.
. Managed $6.9 million in sales
. Maintained marketing budget of over $1,000,000,
. Analyzing and applied IRI scan data and Spectra demographic information. Advised accounts on maximizing
entire category profitability.
. Maximized in-store opportunities with effective selling tools.
. Directed Area Sales Managers and Distributors for specific follow through during promotions.
DEVELOPMENT ASSOCIATE N.C. Agency for Public Telecommunications, Raleigh, NC 1987-1989
Furidraising, public relations, scriptwriting- and television proouction,
ACCOUNT REPRESENTATIVE Allen Consulting, Holmdel, NJ1985-1987
Marketing consultant. Developed successful marketing, advertising and public. relations campaigns.
ACCOUNT REPRESENTATIVE American TeleServices, Bethesda, MO 1983-1984
Sold beepers, mobile phones and two-way radios.
CATERING/CONVENTIONS SERVICES MANAGER Hyatt Regency Hotel, New Brunswick, NJ 1982-1983
Developed and coordinated- al~aspeds of meetiRgs, conventions and catering. functions.
DB.RAY BEACH
~
M~~Cily
, III I!
1993
2001
RECEIVED
CITY OF DELRAY BEACH APR 2 It 2006
BOARD MEMBER APPLICATION LERK
. CITY C
~a
Please rint the followin information:
1. Last Name: s.H UTI
Name Tl-\uY (-rWEe)
City
~y~
City
State
FL.
State
MoLT
Zip Code
3~4-44-
Zip Code
.3.
2. ng~e~~ressI2~ 5~T
Legal Residence:
SNJ.~ AS A&o'-'E
4. Principal Business Address:
B 1 9'e JOq ~D I 5T'E. Zoo
City
BoYNtoN BsAcJ.)
State
FL
Zip Code
:3=437
5. Home Phone:
~(OD '2lA6-I~
6.
Business Phone: E-:Mail Address: Cell Phone: Fax:
5<Dl) 5~b- '042 -snotts4@ @c.oO~~5-0145 (Su,t) 5~ -l~O
earlhhhk . 'leT
Are you a registered voter? Yes If so, where are you registered? .P ALM 8E:Aa-1 c.oot.!
7. What Board(s) are you interested in serving? Please list in order of preference:
c~)...} "'DVA) 'PZ.) p.6. HC>U5I~ A~l() ~e.t::>OF c.o"'$~Ot-lOr:=A~
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
SP~ - (q ll:\f.:o -:- q 00
) 'PZ - (c>tJOI - '/02 R..eSIe.~
9. Educational qualifications:
"Ct:...e:prIE!!o p~l1'1cn.1 Wln-l 1).'8. c.RA
13 .A~I-n=~ (.5 -~JZ. Prz.ope.$'S\oN):..L)
10. Li.st any related professional certifications and licenses which you hold:
t=~~.U:;>A A-12-C..H'~crve.AL c....e.NSE: G,ooo ~ . - ~ "-tI:
NPm~ ^~l~\... (<..E~lS"r"k.A-T1oN E::oA-f2.,C> ~ooo ~l..k()-
11. Give your present, . ltemployer, and position:
M S ;) "bOu ~C>A.
S6+J\oa- \..,ANo 1S+Jnn...c.....-t,Et,.h.. "P~ ecr ~~
12 Describe experiences, skills or knowledge ,vruch qualify you to serve on this board: (pleaSe attach a brief resume)
. ~~~tt.
SIGNAWRE . .
~lo(c
DATE
Note: This application will remain on file in the City Clerk's Office fur a period of2 years from the date it was
submitted. It will be the applicanfs responsibility to ensure that a current application is on ~.
. S'CITtcl.ERr:OOARD\Al'I'LlCATlON
TRUY T. SHUTT
102 NE 12th Street
III
561-265-1086/shutts4@earthlink.net
education
)
. credentials
cNic
expertise
professional
)
)
II
Delray Beach
Florida, Fl33444
J!
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA
College of Architecture and Urban Studies
Bachelor of Architecture (5-yr Professional Degree)
College of Engineering (Mechanical)
5/91
9/85 - 5/87
Florida Board of Architecture and Interior Design - License #AR0015422
National Council of Architectural Registration Board (NCARB) Certificate - #48326
American Institute of Architects (AlA) - #30196553
City of Delray Beach Planning and Zoning Board (PZ)
City of Delray Beach Site Plan Review and Appearance Board (SPRAB)
City of Delray Beach large Home Task Team
9/01 -1/02
9/96 - 9/00
LAND DEVELOPMENT/BUILDING DESIGN AND CONSTRUCTION
Extensive (15+ years) supervisory and project management experience in land entitlemenUdevelopment,
community redevelopment and revitalization, consensus building, public relations, and organizational
im provement in both private and public sectors; thorough knowledge of local and state land development codes
(including code research, development, amendment, and implementation), principles and practices associated
. with urban and site design, andbu~ding design and construction; and, familiaritywith real estate leveraging and
financing, Florida Building Code, statutes (Chapter 163) and FAC, and government procurement procedures.
CENTEX HOMES, Boynton Beach, Fl 10/05 - Present
Senior Land Entitlement Project Manager - Project management of traditional and mid-rise residential,
commercial, and mixed-use projects; due d~igence and feasibility support for land acquisition and development,
construction, marketing/sales, and product development proforma preparation; project manager for land
entitlement projects located in Indian River, Port Stlucie, Palm Beach, and Broward Counties; developed
scope of services and reviewed development proposals for consultant services; budget preparation for
entitlement and a$SOCiated surety for projects; and monitor emerging trends, legal issues, and government
policies affecting projects.
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, Oelray Beach, Fl
1/02 -10/05
Urban Designer/Project Manager - Project management (planning thru con~truction) of redevelopment
projects, developed RFP/RFQ procedures for procurement of consultant services including CCNA
requirements, selection committee policies and procedures, and reference verifICation procedures; developed
project management guidelines and structure for CRNCIP projects with City; developed consultant contracts;
COntract negotiation and project management of consultants' Continuing contracts; oversaw and co-authored
the downtown design guidelines ordinance; manage and develop scope of services for affordable housing and
mixed-use development projects; review development proposals within the downtown area; developed
organizational structure and management of 31;nember Downtown Defray Master Plan Implementation
Committee consisting of key stakeholders (elected and appointed officials, business community leaders, and
citizens), department heads, and nonprofit resources individuals responsible for implementing adopted plans;
consensus buildinglinclusive partnerships with community stakeholders; a~istedwith redevelopment and
acquisition plans including all maps and Census and statistical data; drafting and graphic design/marketing;
development and implementation of paperless system for development projects; and, familiaritywith FOOT, Fl
Historic Resources, PSC, aM redevelopment grants (development and management).
PALM BEACH COUNTY PlANNING & ZONING, West Palm Beach, Fl 2/94 -1/02
Principal Site Planner - Code Revision/Architectural ReviewlBuHding PermiUPublic Infonnation Sections,
experience also in each of following sections: Zoning CommissionlBoard of County Commisioners (Sf. Site
Plannerllnterim Principal Planner), Development Review Committee, Board of Adjustment
Responsibilities
Supervised 13 professional (job creationlhiringlfiring/performance review) and t~chnicaVclerical staff
responsible for interpretation of land development regulations (preparation of staff reports, board packets,legaI
ads, development review committee, and presentation of recommendations at televised ZC/BCC hearings);
developedfmplemented Architectural Guidelines Ordinance; supervised Managed Growth Tier System (MGTS)
Page 10(2
TBUY T. SHUTT
102 NE 12th Street
Ii
Delray Beach
!III
Florida, Fl 33444
~
561-265-1086/shutts4((:i>.earthlink.net
Implementation (Unified land Development Code re-write); procurement and/or administration of consultant
contracts (landscape architects,land planners, and RF engineers); supervised and managed building pennit,
code revision, and Zoning Division fde room functions; assisted in development of Zoning Information Center
(coordination of internetlintranet applications, digital zoning map, and ePZB project); inter-divisional coordinator
for Planning, Zoning, and Building Divisions on Comprehensive Plan Amendment, Code Enforcement, and
Building perrilittingflflspections issues; developed training manuals (inter-divisional); budget preparation for
sections; space and facility planning for Division; and, expert witness for Division.
CURRIE SCHNEIDER & ASSOCIATES AlA, PA (nka Currie Sowards AguUa & Assoc.), Delray Beach,_ Fl
Project Manager (Intern 8/89 - 5190) 8191-2194
Responsibilities included code research, site planning, construction documents, contracts, specifICatiOns,
graphics, interior design, marketing, and presentation to clients and government officials and boards.
Types of projects included historic preservation and adaptive re-use, fire stations, munq:,al parks, US Embassy
- Madrid, Spain, automotive dealerships, educational and cultural arts facilities, civic center, commercial, single
and multi-family residential, mixed-use, OffICe, arid tenant improvements.
List of projects are available upon request
additional skills Autocad (R14 - 2006), Expedition, MS OffICe Suite (Word, Excel, Access, PowerPoint, MS Project, Outlook),
Adobe Creative Suite (Photoshop, Acrobat, Illustrator, Publisher, InDesign), Quar1<Xpress, WordPerfect; drafting
and graphic design; fluent in English and Vietnamese, French; violinist.
references
Professional Affiliation
AlA. Palm Beach Chapter (former President)
Secretary Thaddeus Cohen
Aorida Department of Community Affairs
(850) 488-8466
,)
Verdenia Baker
Deputy County Administrator
Palm Beach County
(561) 355-2030
Barbara Alterman, Esq.
Executive Director
Palm Beach County Planning, Zoning & Building
(561) 233-5200
)
Page 2of2
'1-05-2006 16: 18 FROI'l: 1'IAC I"llLLAII )1 STAt-ILEI 5612768881
TO: 2433774
P.2 3
Ot:LAAY BEACH
t~4
" II I!
199.3
2001
tint d:l~ foUowin .information:
CITY OF DELRAY BEACHRECEIVED
BOARD MEMBER APPLICATICNA.:ti' 62006
CITY G E'
~/;
3,
17-
#-/?
Z.ip' Code
3J%'3
')
L..
$r:atc
Fz;.
St.He:
4. f>rindpal Business Address:
q IF c;'frl ~
d-
&~
State
FL.
Zip Code
33Y~
-
d"":f(j -G/3iL 3
E-Mail. i\ddrcss; I . Cdl phone;
~mat /J11l/ttIl~rt1-d ro/
Fax;
6.
Husinc::,s Phone:
5, Home 'Phone:
7.
8. List all Cit.... BO:lrds on 'Which 'fI:OU ;u:e cun:endy sct:ving or havc prcvi('Qsly SC-L"vcd: (ple:lse include d;.tc:;)
9.
10.
I ccr ,'fic.luons and licenses 'which you bold:
II.
employer, and posicion:
wicdgc wbich <1u~liJy you [0 se1VC on d-us ~ard: (p1~as~ attach a brief tC$l.I.me)
/
1 heJ:'cby certify tl:..<<: -all I,he above scucments arc u:uc, and I agree and undc!:scand thOle any mi,,;;[llccmcoc ofYm~'Tcnal f:u:u:
c.oncainc' . ,;~non I OlQ<;C fo.:fctC'llcC \.lpon m}' part of any appoinm1<:nt I m~LY n::ceive.
(~/S-/CJ (/:;
D.ATe- I
l.lS wi tcm-ain on file in che City Cleek's Office for a period of 2 yc;u:s fromthedaec i( was
sobmitte.d. It will be the Rpplicant's responsibility to ensure d1a:c a cUI:I::cnt applicaaon is on file.
s-.::rr n;I.I::ItK""'A""...'lJ>rllC~nott
Hl5-2Ol)6 16: 19 FROr'l:I'It=lt::: I-HLLAII & STAIILE',' 5b1276e,g,Sl
TO: 2433774
P.3_,
MacMillan & Stanley, PLLC
MacMillan & Stanley Buifdlng
29 NE 4th Avenue
Oelray Beach, FL 33483
Phone: (561) 276-6363
Fax:: (561) 216-8881
tom@macmillanstanley.com
ThomaS M. Stanley
EducaUon
Pwofe8.8IonaI
expertenQe
Prof'essional
membenshlps
Objeet1v9
1995-1999
8-A. History
1999-2002
~urt.s Doctor
Princeton University
Princeton, NJ
Florida State University
Tallahassee, FL
2002 - Present MacMillan & Stanley, PLLC
Beach. FL .
Attorney .
Levell Title Insurance Agent
Will. Trusts and Estates
Estate and Gift Tax
Rea I Estate
closely held corporations
condominium law
Oelray
Member of the Florida Bar: American Bar Association: Delray Beach
Chamber of Commerce: Chainnan's Club; Boca Raton Estate Planning
Council; Palm Beach County Bar Association; Delray Beach Historical
Sodety; Palm Beach County Historical Society; Member 'of Real
Property and Probate Section of the Florida Bar; Member of Elder Law
Section of the Florida Bar; DELP AC
I am a Delray Beach native and have a vested interest in the success of
Delray Beach as a downtown landowner and businessman. I feel that
my skills and knowledge as a long time Delray native and attorney will
bring added depth to many of the City of Delray Beach developmeRtal
and review boards. .
'R01 8CG
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*****
Atl-Amerlc:aCity
, , II J!
1993
2001
REO.EIVED
.~.
MAY ,3..0..2006
... ,.
CITY OF DELRAY BEACH CITY GLERK
BOARD MEMBER APPLICATION
OElRAY Bt:ACH
. , <0 II: . . ...
6/11% ~
Please rint dl.e followin informacion:
1. Last Name:
2.. Home Ad<h:ess:
~ a ~.6. ...:5U.J <<n -t-u n Rv t.
3. LevI Residence:
~Lvn<-e.
4. Principal Business Address:
State
l\{' I.
.J
Zip Code
=3~yv
Zip Code
::\
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City.
Sk
City
State
Zip Code
L2>
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E-Mill AddJ:ess: Cell Phone: Fax:
N 4..nc...ytiD a..v U')(j i.
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If so, where axe you registered?"
IV 5E I<::>-r Ave dAd ~o(L
S. Home Phone:" Business Phone:
alq-~Ho ~J
6. Are you II registered voter?
d 1 y -<..{(k :;)
7. \Xfhllt BolU:d.(s} are you intcreMed. in serving? Please list in order of pr:eference;
-0 A "'5() "A0 .
u--~-\- f. ~'S A~~c.. 02.00 1- .::loo~
::J f..:<n \ l\..J CL.~ t
00\
nal certifica.ci.ons and licenses which you hold:
, C 'c..(Z-:t\. ~ c.... \.
&v... L)\Q..cc..c-\-or 6:> -0 ,-,_)r~ tJr \) E\, BE O-c.h ~~ Go -(
12 D~cnbe e)(perien~. skilli or knowledge"W uch qualify.you to serve on this boud: (Plc::asc attach a brief resume.)
l-tVlld.< t:. 0(:" 000< \. -J()\'" t.~'i::.~+ '<\. C (}~~U ~tC-..)1.0 0", C\.v \:"'(0
boo.c~"::> ('olnmd-\'i:'i:~ ~ +<:i"jt- -h>ru.D - b0~\~tS~ 0 0~r
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. I hereby cecUfy dut...U dl.e ab6ve sG\t:clbenu ;,u'C tLUe, U\d t ...gccc <lnd understand th3t <Uly nUssm1:eql.em: of materia! fa~ ,.
contained in rhis applioci?n m.ay (:<luse fOcfeiU1ce upon my part of a.ny.a.ppoinrrnenr J may receive.. ( J <"'\.<"\,"-~
yJ.~. ... f.c1..L 5.aI4~ ~;:~~
~y1iKIlJRE DAlE
I... .
Note: 'Ibis a.PDliea.cion '(trill rem.a.io. on file in. the City Clerk's Office fora period of2 ye:ai:F from. the <bee it"W<\.S .
-., -------... - ----...----,.'-. ..- .~~~ (~:lt~.cu;.;::-.yc~r~;fr~-" --,. (-
. , . t appI;c.ation . e <b.te it::---l
1S. On c.. .....'as
r A..;c /-u~ L- /J
:;2L/3 3'7'7</
CITY OF DELRAY BEACH ~"'~ .~~
BOARD MEMBER APPLICATION _7Y~;;~,.r-
'RECEIVED
APR O' 7 2005
Ct V- &LER
S~t_e/ Zp Co,~~
r/ d35Pr-J
Zip Code
.. ... . c .. . A.
*****
All-AmericaCity
" III!
1993
2001
Ih~
information;
'~
Name
State
,(./ ~
,-t Home Addiess: A//? 4J L
. /V u eE.4-d /~ v.f)
Legal Residence:
~
'" Principal Business Addtess:
3
~;,.'
City
State
'CW
;;,. ".
: (. .~
/;J gt5/si-~
Cell Phone:
~
, '$" Home Phone: Business Phone:
" '
'.' ,c:7-7a c. 65D J;.7~ gQ/.:2-
'ji. Me you a registered voter?
E-Mail Address:
If so, where are you registered?
7. What Board(s) are you'interested' serving? Please list in order of pref~ence: 1<2,
8. List all City Boards on which you are CUttendy s
'. ,"..;
9.
Zip Code
~EY'~
Fax:
....
~
10. List any related frofessioruU. _certifications and licenses which you holel / 0- ~ .~ ~
E ~ _/ " (/ LJ
'fa.
~,/ ~~ &~A.
'12 DeScribe experiences, skills or knowledge which qualify you to serre on this board: lease attach a' brief resume
, . '~ -., ~ X a.-<.~~...,.;"~. &,
/s6~~/~~S'~u...s4 ~7'<
,cltJt'/s6aJ~ . - & ;ikL~, ~. ~
I hereby certify that all the a~ove statements are. e, and I agree and understand that any misstatement of material facts
COn~~efOd"ntteuponmypartObnyapPOmhn:;);Z::- _ ,_
..' 'yNAWRE DATE" pt::r'CI\f .,D
~F .
Note:' This application will remain on file in the City Clerk's Office for a period of 2 yeats fronA~~ ~t i
submitted It will be the applicant's responsibility to ~ensuie' that a current application' is on file. '. _'-'- " '--.'0 Il., '
, " ',' ' ,'errre~noN,
11. Give yow; present, or most recent employer, and position:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t:P1
AGENDA ITEM # ~ L - REGULAR MEETING OF JULY 11. 2006
-
APPOINTMENTS TO THE EDUCATION BOARD
TO:
SUBJECT:
DATE:
JULY 7, 2006
The terms for Ms. Jennifer Ferreri, Ms. Debra Kaiser, Ms. Suzanne Katz, Mr. Harold Van
Amem, and Ms. Peggy Murphy will expire on July 31, 2006. Ms. Ferreri and Ms. Katz will have
served one (1) full term and would not like to be reappointed. This will create vacancies for two
(2) regular members to serve two (2) year terms ending July 31, 2008. Ms. Kaiser and Ms.
Murphy will have served one (1) full term are eligible and would like to be considered for
reappointment. Mr. Van Amem will have served an unexpired term is eligible and would like to
be considered for reappointment. The terms will be for two (2) years ending July 31, 2008.
Secondly, Logan Perel and Kassandra Engroff have graduated from Adantic High School and are
no longer eligible to serve on the Education Board. This creates vacancies for one (1) student
member to serve a one (1) year term ending July 31, 2007 and one (1) student member to serve
an unexpired term ending July 31, 2007. At this time, there is one student (1) applicant who
wishes to serve on the Education Board.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" Attached)
A check for code violations and/ or municipal liens was conducted. N one were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), Mayor Perlman (Seat
#5), Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2) for five (5) regular
members to serve two (2) year terms endingJuly 31, 2008, and one (1) student member to serve a
one (1) year term endingJuly 31, 2007.
Recommend appointment of five (5) regular members to serve two (2) year terms ending July 31,
2008, and one (1) student member to serve a one (1) year term endingJuly 31, 2007.
EDUCATION BOARD
EXHIBIT "A"
Applicant
Background
Jordan Coyne
Student
Katherine Fazio
Administrative Assistant
Bernard Federgreen
Director of Operations (currendy servtng on the
Neighborhood Advisory Council and the Code
Enforcement Board; also applying for the Education
Board)
Gerald Franciosa
Law Enforcement (also applying for the Board of
Adjustment, Delray Beach Housing Authority, Education
Board, Civil Service Board, and the Public Art Advisory
Board)
Philip Friedman
Financial Aid Director (currendy serving on the Nuisance
Abatement Board; also applying for the Delray Beach
Housing Authority)
Debra Kaiser
R&D Quality Executive Incumbent
Peggy Murphy
Director
Incumbent
Peter Raycraft
Educator
Harald Van Arnem
Developer
Incumbent (also applying for
the Downtown Development
Authority)
EDUCATION BOARD
06/06
TERM EXPIRES NAME & ADDRESS OCCUP AnON TELEPHONE
07/31/2007 Bradley Bradford Home: 272-9314
Appt 07/05/05 65 SE 5th Avenue #N Office: 272-8991
Delray Beach, FL 33483 Pediatrician
07/31/2006 Jennifer Ferreri Office: 672-4860
Appt 07/06/04 1820 S. Ocean Blvd #l-H Cell: 707-6687
Delray Beach, FL 33483 Financial Analyst
07/31/2006 Debra Kaiser, Chair Home: 599-2894
Appt 07/06/04 684 Lakewoode Circle West Fax: 638-4018
Delray Beach, FL 33445 Quality Executive
07/31/2006 Suzanne Katz Home: 865-2000
Appt 07/06/04 1765 Satin Leaf Court
Delray Beach, FL 33445 Intervention Specialist
07/31/2006 Harold Van Arnem Home: 272-0550
Unexp Appt 12/13/05 733 N. Ocean Blvd. Work: 272-2912
Delray Beach, FL 33483 Developer
07/31/2006 Peggy Murphy, Vice Chair Home: 638-6859
Appt 07/06/04 4622 Ellwood Drive Office: 243-7922
Delray Beach, FL 33445 Director Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810
Delray Beach, FL 33483 Administrative Assistant
07/31/2007 Sandra Tobias Home:
Unexp Appt 02/21/06 4464 Cocoplum Way Cell:
Delray Beach, FL 33445
Real Estate/Educator
07/31/2007 Perry Stokes Home: 243-4856
Unexp Appt 01/03/06 2845 SW 22nd Avenue #108 Cell: 634-0556
Delray Beach, FL 33445 Educator Office: 638-2100
07/31/2007 Mary McKenna Office: 703-9318
Appt07/19/05 637 Ibis Drive Home: 276-2719
Delray Beach, FL 33444 Business Advisor Cell: 703-9318
07/31/2007 ' Marlo Belkin Home: 274-6932
Unexp Appt 01/03/06 21 NE 11th Street Office: 279-2970
Delray Beach, FL 33444 Cell: 789-0578
Educator
STUDENT MEMBERS (one
term limit)
07/31/2007
2 YEAR TERM
Unexp Appt Vacant
07/31/2007
1 YEAR TERM
Vacant
CITY REPRESENTATIVE:
COMMISSION LIAISON:
Janet Meeks - City Planner 243-7231
Fred Fetzer (primary Member)
Jeff Perlman (Alternate Member)
DElIA\' BEACH
t .. . . . . "
ItaIIb:II
.1bt~CiIJ
, ~ III!
1993
2001
1.
2
3.
4.
VlL
5. Home Phone:
Sfrl&u-f
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CITY OF DELRAY BEACH 0.- 2006
BOARD MEMBER APPLICATldW 0 8
1":-
C\T\{
City
5 tiJYI e
City
Zip Code
F - 5
State Zip Code
StUYLL S tf-/IYtL -
State Zip Code
Business Phone:
tJ~
E-~bil Address:
Cell Phone:
o n.Q- l\J ()(\.(L.
Fax:
7.
e you mterested in serving? Please list in order of preference,--
Bocuti.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
O'{\.Q
)
10. List any related professional certifications and licenses which you hold:
un
9. Educational qualifications: F" (
11. Giye your present, or most recent employee, and position:
t
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
I hereby- certify that an the above statements are true, and I agree and understand dut any misstatement of material bets
contained in this application may cause forfeiture upon my part of any appointment I may receive.
fJl~/oro
DA
Note: llUs application will remain on file in the City Cleek's Office for a period of 2 years from the d'1te it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'CIlYCUlRk"'BOARD'vU'l'LlCATION
Jordan Coyne
Delray Beach, FI
Freshman in Atlantic's 18 Program
As an IB student at Atlantic High, and a teenager with a passion to help,
my presence on the Education Board would create a profound and positive
impact. r have been to three OeIrayBeach Schools, for a year each. Those
schools were C~rver Middle, and Atlantic, which were public, and American
Heritage, a private school, thereby providing me with two diverse perspectives on
education in this great city.
I am anxious to continue to serve Delray and its children. My community
service indudes creating a healing event after September 11t1\ volunteering at
the mayor's pajama party for reading, and sharing the wonders of literature
through David's Drawings. David's Drawings was the children's book chosen for
all the kids in Delray to read. I worked in Old School Square, along with friends,
to complete a life size portrait of the book and explain how important literature is
for young children. I truly believe that literature is the key to success in school
and life and through our help we can change a child's future for the better.
)
. !
,~XB~~ ~O -4 7/lJ 5{
II ft icaj!r x:- ,...J ~ .
, I mil I V \\ '\ 'L\\\'l CITY OF DELRA Y BEACH ~ 1
. ... ~""~ C\,~~OARD MEMBER APPLICATION '#- .
1993 C\,\'t
2001 .J)~!rZlj52:sj(/
*****
fI.-
2.
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6.
C/!.-Il
U UL A: UJr
8. List all City Boacds on which you ace currendy serving or have previously secved: (Please include dates)
~
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
rM.--
d
Note: This application will remain on file in the City Clerk's Qffice for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~r.r.RRInROARrnAPPf,""ATTON
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
Ho~e:561-276-4939
Mobile: 561-289-2320
Email: k6464@aoLcom
Objective: To participate as a citizen on the City of Dekay Beach Boards
Experience: 9/2005 - Present
Carl W. Timpson Dekay Beach, FL
Timpson Investments, Ine.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work, bill paying and more.
6/2005-9/2005
Randolph T. Ely Dekay Beach, FL
Allmon, Tieman andEly
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered a full-time position
8/1990 - 8/2001 Write to Me Dekay Beach, FL
Owner
Initiated and operated a local stationery business. Represented 35
different companies to a customer base of over 300 people in the Dekay
Beach area. Computer use was extensive for all billing, accounting and
marketing. Running the business required organizational skills, creativity,
and a gregarious, outgoing personality. Sold the business for more than
four times the original investment
8/1981 - 11985 Baystate Financial Boston, MA
Assistant Vice President, Investments
Responsible for providing marketing and sales support to 135 Registered
Representatives in the investment business. The position required in-
depth knowledge of investment products which included annuities,
mutual funds, unit investment trusts, tax shelters and discount brokerage.
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed an
. office staff of five.
8/1979 - 8/1981 Keystone Massachusetts Bosto~ MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of.
mutual funds, retirement plans, annuities, trust services and private money
management. Responsible for overseeing five other Marketing Assistants.
Worked closely with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 - /1979 Massachusetts Financial Bosto~ MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8/1977
Alliance Capital
Management
Bosto~ MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work
Education: 6/1975 Rollins College
Bachelor's Degree
Winter Park; FL
After Rollins, obtained Life, Accident and Health Insurance license also
National.Association of Security Dealers license.
Affiliations: 9/2001 - Present Paul's Place After School Delray Beach, FL
Board Member and Volunteer
9/1999 - 9/2004
Mentor
Big Brother Big Sister
Delray Beach, FL
Personal:
Married with two grown children. Active community volunteer. Love to
play tennis, golf, fish, travel and read.
*****
IOj/5jOj
ORRAY BEACH
.. .. 0 . . . A
wr
1993
2001
CITY OF DELRAY BEACH RECE!VED
BOARD MEMBER APPLICATION OCT 14 Z005
CITY CLERK
PI~e Mtiliefu~wID
L Last Name:~
2. Home Address:
I
3. Legal Residence:
/~ .
.4. Ptincipal Business Address:
information:
I/E
/U A-A I
ell
13 t$C/I
State
/=K-. {
State
J:=L,
State
M.LT
Zip Code
33
Zip Code
~3 }CW
Zip Code
E~/V
Ave;:-
<;-
"<---
..----
5. Home Phone: .
Business Phone:
Ii / tltf.. 333
6. Are you a registered voter?
-
E-Mail Address: Cell Phone:
,f}!Y' (J39 dr~
Fax:
7.
8.
to. List any related professio~ certifications and licenses which you hold:
~. ~ ~
11. Give yow: j?resent, 0
~{!/J - CO Lv4
mployer, and...position.:
a - 1)/{2 . ()
OF LJ;Je/{ ~/ L'd71
'12 Describe experiences, skills or knowiedgewhich qualify you to serve on this board: (please atb.ch a brief resume)
/f / e.:vet!:> ?7 f? 1/ A/l s Lfr'-" --'
the above statements are true, and I agree and understand that any misstatement of material facts
may cause forfeiture upon my part of any appointment I lrulY receive.
, .' FZ5 / I sL/ c9.ctJ\/ ---
SIG DATE ( 7 ..
. .
. .lote: This application will remain on file in ilie City Clerk's Office for a period of 2 years from the date it was
submitted. It will be ilie applicant's responsibility to ensure that a current application is on file. . .'
. S\CITYCLI3RJ:.'\IlOARD\AP1'l.ICAnON
OfUU.Y Ilf:AC)-f
~
m~
1993
2001
HL19. 04 200~7~J~
C?/ iff;
CITY OF DELRAY BEACH €.CE.\\JE.O
BOARD MEMBER APPLICATIOJ( . .4 1\)\\'3
. ~\\G - . ~.
v c\...'a~
crt' \ .
FH:': 110. : 5612660746
u n: c u:]{lt
~RO"I : C>ER-'::;811 1'A' tltlUH3t'1J1.
'J~l\.'~"'J:) Hi!,. 1.,:a:j .>
City
J.J
. ElItE f'T
3. Lcg:d Rasid&.= S ~
4. P.ci.ncipal,BusiD.~3 Addres3:
Cit.y
Ci
ty
Sbl.te
Zi~ Co&.
I.
A- ~o.ll1e Phone: ,
6 bl vtt oba?"
6_ .ALe you ll. ~t<:.red VOI::ec?
Bu.siness Phone:
R-Mill Ad~5:
Cd.IPhHl-Br!~b/)Hb
7. ~ Bou:d(~) a.tC yo~ interest. . a
/ ;rAft! CVlr'lrn; C..f . . '.' .
8. Use all City Boards 00 which. you ue <::utteudy s~g o.t' have pccvlously 3e::v-ed: (P~ .iadtuk d.a.~) ~ OW
). EduC2.li~ ~CA.Ii<:,'as; 13
to. List any .related prOf'l'1ls1oll2l <:;e.rtifiC1tiOQ3 10.~ licctl6C::5 -which you hold:
11... GIve y~w: present. or m.O$t recent employer. 1Qd posicion.:
12. D~ c:xped:ex.es. skills 01: knowiedge whJd.. qw.lifY)"OQ. to save: ~Q chis ba;ud: (plea;: 20Xch :II. hcid' n::sUItl.c)
I h<:r~ _,' ~. ,t all ~e lI.~V tc::m<:nts .are (tUo:;. and. I sgree <l.O.d rm<Ia:ClO.d mll(?,Y miss~temeo.t of U1a.teJ:Ultitco:
COD.tlUnOO dUo. Jp. pia-=y "'_~. "P~ my pu: of ~y .ppo~ ~
'l . fi P:Oof
D~
application 'Will remsin o.ati1e.in. th.c- City CkcJt>s Office for -a pee{od of 2 yeus from the <htc it ~
bmitted. l( will be the appli=e:; responsibility to cUsuic'd)$..t a a.n::rent. 2Fp(jClltiou Is on file. .
~CLaD..I:l.ILo..........~
,
lint the followin information:
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION RECEIVED
AUG ~_5 2005
K
~1tT) J
ChirC'/ J~/ rec/z:
DRRAY BEACH
. .. 0 c; . . ...
*****
mr
1993
2001
N
3.
City
~te
State
2.
14.
City
State Zil;> Code
Business Phone:
E-Mail Address:
Cell Phone: Fax:
7.
8.
CO'Ll
9.
tv
.u <;:' vL ere>
~u.....S'll1Ie S.
10. List any relatFd pr<?fe:wional certifications and lifenses wh\ch you hold:
_ \........e.. \ "'- .-- vV"- S leJt~ s I (' c e./'JY€-
@-(E~~
~\~SI -
above stltements are tIDe, and I agree and understand that any misstatement of material facts
cion may ca fotfeiture upon my part of any appoinltneOt I 1;~e.
- - 6I.s CJ~
DATE I '
- .;.
!:N.ote: This application will remain on file in the; City Cle~s Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure- that a current application is on file.
S\CIIY(1I!l.UrulOAlWIAl'I'UCATION
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DElRAY BEACH
~
All Jl_.....CI;y
, III I!
1993
2001
CITY OF DELRAY BEACH RE.CE\VEO
BOARD MEMBER APPLICATION JUR '29 2006
e'l" CLe.~~
tt/Cl- h b <;;
information:
L
t,;V
Name >\91 _ .
1-".. V Vi.
Cit~\1\ \
id<.. vc
City
lvL L
L-
Zjp,Code
::D '1'0-
Zip Code
2.
3.
4.
City
State
Zip Code
Home Phone:
Business Phone:
E-~o[ail Address:
Cell Phone:
Fax:
7.
cations: _ f <;
tql\2\'W0 \v T t-CCC~ ..)Ut'VI l(
to. List any related professional certifications and licenses which you hold: (
wy
DATE
Note: This application will remain on ftie in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'ClTYCLERKIBOARDIAPl'L!CA TION
DURAY BEACH
.l.....
*****
All-America Cl
'11It
1993
2001
CITY OF DELRAY BEACH Q;;U6'h8
BOARD MEMBER APPLICAF.VfBiIVED
JUN 2 R 2006
CITY CLERK,
Please e or rint the folio
1. Last Name: Fl. J,
~ /1 Urp/1'--'j
2 Home Address~ J A _
1/6 ~2- EhtUdtJA .[ff.
3. Legal Residence:
SL.~
4. Principal Business Address: City
6/0' ::RAotJl s~(/~e
S-I AI. f-aJ//J:J-,n, Ave /.:e/rdL? 4J I..L"'-
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
b3i, hR5q ;J. t/3-71.JJ ~:50 ;.JIJ1U;f'~(fJdl/,~~ .9.01-573 -.s1. 7(,
6. Are you a registered yoter? If so, where are you registered?
information:
State
Pt...
State
~LI4.
Zip Code
3-5t,Lt,L~
Zip Code
State Zip Code
A- 33<Lt.Ly.
Fax:
~:3-7tJ/!
7. What Board(s) ar~ you interested in serving? Please list in order of preference:
.,.e-~l I
8. List all City Bpards on ~hich you are current:!>. se~-ing or have pr~ously served: (please includ~ dates)
2J;j S;;..f-r-er & ('/~/.n.nu 'Hh'.< C:;t7'd'YJ.f-o f.t24L
2>.t1 Edl.u.4.- ~ n\- /5!tr d.,A. ,{ _"7 ~ r,t +-c ~-f .Rd1~
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
nA4 .{.~ ~ '. nJ/\ S'A-~ (!
5
J hereby certify that all the above statements are true, and J agree and understand that any misstatement of material facts
con . ed in this appli . on nuy cause forfeiture upon my part of any appointment J may receive.
JUAt(! 2 {f. .Jd-() /,
DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a CUItent application is on file.
~18OARDV.l'PIJ('ATlOIoI
DB..RAY BEACH
.. " . .. . . ...
m~
1993
2001
CITY OF DELRAY BEACH RE~~r:P
BOARD MEMBER APPLICATIO~V - 1 2005
CITY CLERK
*****
2. Home Address;
'21
3. Le~ Residence:
City
L
Name
City
~(L
4. Principal-Business Address:
City
State
Zip Code
Home Phone:
Business Phone:
E-Mail Address: Cell Phone: Fax:
, ()avd~ 5lol4l4-~2631
If so, where ar:e you registered?
6. Are you a registered voter?
7.
'00
8. list all City Boards on which you are cur:rendy serving or have previously served: (please include: dates)
9.
3. a C])
10. List any related professional cedi cations and licenses which you hold:
tify that all the above sbtements are true, and I agree and understand that any missbtement of materuu facts
this appli 'on ma use forfeiture upon my part of any appointment I Iruly receive.
.' IOr9~ Jo~
DATE 1
___'{ote: This arplication,will remain o?- file in theCi~.~lerk's Office for a period of2 ~ear:' fr~m the date it was
, subOlltted It will be the applicant's responsibility to ensure that a cur:rent application is on file.. .
'.1 SOTYa.I!'ItnBOARDIAPPUCATroN
o&1} ~I/ 8... . .. .
infonnation:
;:4;<: 72J,vt- I-f
;243 3'7'7~
CITY OF DELRA Y BEACH a::diL-" ..~ ~
BOARD MEMBER APPLICATION.~~k~/
ECEIVED
APR O' 7 2005
Cf V&LER~.
Stjt~/ ~ Co,~~
r/ d35Pr-::.J
Zip Code
IhO(
PEl..RAY BEACH
.'0".."
*****
fijir
1993
2001
.),k
Name
.u eA1
2~ Home Addi:ess:A / /? 4J .
. /V U~d /2>LvLJ
Legal Residence:
~
Principal Business Address:
State
E-Mail Address:
~
State
cW
Zip Code
~.BV~
City
5; Home Phone:
/;1 gC-/5I'~
Business Phone:
Cell Phone:
Fax:
,-;:
cJ7a t) 65D J-7;J. gq/:2-
.6. Me you a registered voter?
7. What Board(s) are you interested' serving? Please list in order of preference: I c:
If so, where are you registered?
...
8. List all City Boards on which you are currendy se
9.
~
10. List any related ,professional. _certifications and licenses which you hold /6- ~ .~ d)"
E ~ -/. ~ ~
11. Give your present, or most recent employer, and position:
ra
/ loP. ~ I. /l . .~~ ,,1 LJ ~
~ ~~ ./::XC~
.12. Describe experiences, skills or knowledge which qualify you to serve on this board: l~e attach a brief resume
'.~. . X '~~.
/.s.6~ ~~~ ~ S'€. &..S4
~/slUJ~ . -~ ;tkL~. ~~
I hereby certify that all the above statements are trile, and I agree and understand that any misstatement of material facts
contained in this app~onlrulY cause forfeiture upon my part of any apPOin.t:ment I may receive.
~ ~ . <//s~~. .'.~~
yNATIJRE DATE' P ~,.'" ,-. H ..0
F
L._,
Note: This application will remain on file in the City Clerk's Office for a period of 2 years &onA~ <U,t i
submitted. It will be the applicant's responsibility toensme that a current application is on file. . _"'.._ -.all.,
. . ~eet~nON
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # C\~ - REGULAR MEETING OF JULY 11. 2006
APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD
TO:
FROM:
DATE:
JULY 7,2006
The terms for Mr. Vincent Dole, Ms. Sharon Koskoff, and Ms. Mary Smith will expire on August
2, 2006. Mr. Dole, Ms. Koskoff, and Ms. Smith will have served one (1) full term are eligible and
would like to be considered for reappointment. The terms will be for two (2) years ending
August 2, 2008.
On February 1,2005, The City of Delray Beach City Commission adopted Ordinance No. 77-04
establishing the Public Art Advisory Board for the purpose of advising and making
recommendations to the City Commission with respect to public art policy and related issues
including, but not limited to, the selection, construction and placement of public art in/on City
right-of-way and City owned property.
The Public Art Advisory Board shall consist of seven (7) members. Three seats on the Board
must be filled with either an artist, architect, landscape architect or engineer. Laypersons of
knowledge, experience and judgment who have an interest in public art shall make up the balance
of the Board.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" attached)
A check for code violations and/or municipal liens was conducted. One lien was found for Ms.
Mary Smith who has since paid an outstanding balance which was owed to the Utility Billing
Department but has a remaining balance of $21.00 in penalty fees. Voter registration verification
was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner Montague (Seat #4), and Mayor Perlman (Seat #5) for three (3) regular
members to serve two (2) year terms ending August 2, 2008.
Recommend appointment of three (3) regular members to the Public Art Advisory Board for two
(2) year terms ending August 2, 2008.
~-J~ (~G\(e~.J ~~ ~ ~ 9.(\1\
Applicant
Dorothy Beck
Robert Currie
Vincent Dole
Gerald F ranciosa
Joe Gillie
Marilynn Gladstone
Jayne King
Sharon Koskoff
Lenore Morris
Jerry Rabinowitz
Susan Sabin
Mary Smith
Chris Stray
Kera Trowbridge
Peggy Usem
PUBLIC ART ADVISORY BOARD
EXHIBIT "A"
Occupation
Business Owner
Architect
Finance
(Incumbent)
Retired/ Law Enforcement (also applying for the
Downtown Development Authority, Delray Beach
Housing Authority, Education Board, Civil Service
Board, and the Board of Adjustment)
Executive Director
Retired Executive Director
Retired Educator
Artist
(Incumbent)
Marketing/PR Director, Art Lecturer
Photographer
Sales
Test Administrator
(Incumbent)
Landscape Designer
Interviewer/Panelist
Educator
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER pJv1
AGENDA ITEM # q ~ - REGULAR MEETING OF JULY 1 L 2006
APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD
TO:
SUBJECT:
DATE:
JULY 7, 2006
The terms for Mr. Vincent Dole, Ms. Sharon Koskoff, and Ms. Mary Smith will expire on August
2, 2006. Mr. Dole, Ms. Koskoff, and Ms. Smith will have served one (1) full term are eligible and
would like to be considered for reappointment. The terms will be for two (2) years ending
August 2, 2008.
On February 1,2005, The City of Delray Beach City Commission adopted Ordinance No. 77-04
establishing the Public Art Advisory Board for the purpose of advising and making
recommendations to the City Commission with respect to public art policy and related issues
including, but not limited to, the selection, construction and placement of public art in/on City
right-of-way and City owned property.
The Public Art Advisory Board shall consist of seven C0 members. Three seats on the Board
must be filled with either an artist, architect, landscape architect or engineer. Laypersons of
knowledge, experience and judgment who have an interest in public art shall make up the balance
of the Board.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" attached)
A check for code violations and/or municipal liens was conducted. One lien was found for Ms.
Mary Smith who has since paid an outstanding balance which was owed to the Utility Billing
Department but has a remaining balance of $21.00 in penalty fees. Voter registration verification
was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner Montague (Seat #4), and Mayor Perlman (Seat #5) for three (3) regular
members to serve two (2) year terms ending August 2, 2008.
Recommend appointment of three (3) regular members to the Public Art Advisory Board for
three (3) year terms ending August 2, 2008.
Applicant
Dorothy Beck
Robert Currie
Vincent Dole
Gerald F ranciosa
Joe Gillie
Marilynn Gladstone
Jayne King
Sharon Koskoff
Lenore Morris
Jerry Rabinowitz
Susan Sabin
Mary Smith
Chris Stray
Kera Trowbridge
Peggy U sem
PUBLIC ART ADVISORY BOARD
EXHIBIT "A"
Occupation
Business Owner
Architect
Finance
(Incumbent)
Retired/ Law Enforcement (also applying for the
Downtown Development Authority, Delray Beach
Housing Authority, Education Board, Civil Service
Board, and the Board of Adjustment)
Executive Director
Retired Executive Director
Retired Educator
Artist
(Incumbent)
Marketing/PR Director, Art Lecturer
Photographer
Sales
Test Administrator
(Incumbent)
Landscape Designer
Interviewer/Panelist
Educator
PUBLIC ART ADVISORY BOARD
04/06
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
08/02/06 Vincent Dole Finance Office:
Appt 08/02/05 245 NE 8th Avenue Home: 274-7172
Delray Beach, FL 33483 Fax:
!7elod3{@vahoo.com
08/02/07 Roger Hurlburt Art History Office: 251-9860
Appt 08/16/05 230 Vista Del Mar Drive Professor Home 278-0265
Delray Beach, FL 33483 Cell: 251-9860
rhurlburt2{@ao1.com
08/02/06 Sharon Koskoff, Chair Artist Office: 276-9925
Appt 08/02/05 325 SW 29th Avenue Home: 276-9925
Delray Beach, FL 33445 Fax: 276-9925
Cell: 699-7899
sharonk{@adelnhia.net
08/02/07 Carolyn Pendelton-Parker Landscape Office: 655-9006
Appt 08/02/05 510 Gardenia Terrace Architect Home:
Delray Beach, FL 33444 Fax: 655-9007
cmnnnic{@ao1.com
08/02/07 Kevin Rouse, Vice Chair Artist/Business Office: 274-0007
Appt 08/02/05 1002 Lake Shore Drive Owner Home: 279-0383
Delray Beach, FL 33444 Fax:
Cell: 789-5104
kevroart{@ao1.com
08/02/06 Mary Smith Test Administrator Office: 276-4414
Appt 08/16/05 245 NE 17th Street Home: 272-0002
Delray Beach, FL 33444 Cell: 201-2700
seemeforart{@ao1.com
08/02/07 Patricia Truscello Public Relations Office: 355-4353
Appt 08/02/05 829 North Lake Avenue Specialist Home: 279-8374
Delray Beach, FL 33483 Fax:
ntruscello{@hotmail.com
Contact: Venice Cobb X 7056
S/City Clerk/Board 05/Public Art Advisory Board
Commission Liaison: Brenda Montague
O~!Ol!~ee5 ~1:y5
~~1~7y7y37
[11-1P
PA(,E 13'2
03/01
A!5/~$S !1;n,
-
'lur
1993
2001
CITY OF DELRAY BEACH.
BOARD MEMBER APPLICATION
Pleue type OJ: pnnt the: following infOml1tlUQ:
L ~t!fE~
2- HOIJ:lr A'~s:
/0 If? _, ;;5e: L L bft?- I
3. I..cgal Reside..Cl<X~
NameD
t:J~..::J / H
c
#7&
City
ML
St:l.te
FI-
State
Zip Code
~ ~f?'
Zip Coa
4-, p.ri.t>.cipal BusWCI$ Ad~s~
City
S ta.t&
Zip Code
/ / ~ 3 C:, /9-7L ,q..v r / C 4-r/ 6 . DGt:.-e/9-:-- 6cH
5. }-lame Phone: Busiuess Phone: B-Mill .Address: c~n Phone:
rL. !3-1-g> 3
Fn.:
1~/-2tS-- &//(,. 2-14-7!-3' OOtSVijJfS/3B/kJL54./-7tJ - 770 tl-f-__7+~
6. ~~.l'C. yOll" .:egi3tc:.1cd TO(er? y E5 If so., whete 2.tC you ,(ePtcl:c.d? ffi&:Ii4'l-~f) f3c/I
7. What Bcard(s):ue you intc%:csted in serving? Plene ~l in otde.r of ptd~eQ~C:
n'-~d~/;c /Jl2f /9--ciY(~/)rvf ~4!' .
B. ~t ;Ui' uel' 110-ll..i..' on ~h.kh you uc =~y lIerring or hJl.Vt: pnviowly se:tVed: (pbsc (o.du& <h(.::::!)
; Ut"~"'ft9Ee - \/~'Y.A(,rVbvTI.//?:.c - D~A,q. - &.lJt.-/C A~
I
,
1,9: EdUCLtiO(\lal qu.aliEca.tioo~: /1:5/ f)- A//l../J::;:. ,:;)l'/-/ ,;~/:=;. F-/~8 ;4~T5
Ne6 ~N~' C:6'C--L. oA c>v.c/AJC=-6,e/-~) C
10. lu[:any ~n:.d profeMioaul ccoificrnOrul:uld 1icewIes whic;b. you hold;
11. Gi:ve yow: prcsem, o( rnO$t fcccOt caiployc.c, :w.d p03iti.on~ ...5 C:-.t: ~ ~ /'? 0 Y cD - 8 (/ {.J T(JP
"Ct€o''+T6L /,/3. NtPH/TV" /0L2~6e<:,// iFDP;8or#.jL5 ,~/~
. 12. Describe c;q>ctiC1;llc.c:s, skills or: knowlodge....m.ich qwlify you to Ser17~ 011 tbJs boud.: (p~atta.ch 1 brief re9um~)
F"q-rc.eG ./A) 74e= ff~T5 ~r~Cd..A)~LO 6" /'9-A;..}
..DGt:,~"q.-y- 86/l-q/ ___._
I h<ceby CCJ'dfy char ill the ..b~wc ~(a=1eutlO ~-;;d ! ;l,gT.'X and ut\d=~d ttn..c ..ny mie~tltaJ\aJ.t of J:t~tctD1 facn
oonz in dUo "I'ptia.rion ..'y "''''. f<<f<.i<ur. upon my put of ~y "Ppo"""",,,' I. ...y"'ociv.
-C--tL:c:fi</ ~_ . ' . . ~ / $- / t? S-.
$lGNAnmE / . . OATIl /. F
Note: Thi.! appU~tioo....nu re.o:Wa on 61<': ~ theCityCkk'G Office [<)1 IL ptliod of2 yc::an from me d3.re it wu
~ubw.i.ttod.l( will be th~ appli=t's 1e$pol:tsibility to .ensuicth:.d '" cuaent appliC1tion is on file.
. ' )\~UOtl
~OOZK~. NOr
a3^1383~
,
1993
2001
/lKI! /;//NI-
7 -()~;-D7
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
RECEIVED
J U l 1 1 2005
Please type or print the following information-
-. _.. I ..... ....I"'l 1/
1. Last Name: Name vi Ml.t ,I rT'{ '\.
CURRIE ROBERT G.
2. Home Address: City State Zi~ Code
72 S. OCEAN BLVD. #4 DELRA Y BEACH FL 3483
3. Legal Residence: City State Zip Code
72 S. OCEAN BLVD. #4 DELRA Y BEACH FL 33483
.4. Principal-Business Address: City State Zip Code
134 N. E. 1ST AVENUE DELRA Y BEACH FL 33444
5. Home Phone: Business Phone: E-mail Address: Cell Phone: Fax;
789.6638 276-4951 RGCP@CURRIEARC.COM 789.6638 243-8184
6. Are you a registered voter? If so, where are you registered?
YES PALM BEACH COUNTY
7. What Board{s) are you interested in Serving? Please list in Order Of Preference: .
PUBLIC ART ADVISORY BOARD
8. List all City Boards on which you are currently serving or have previously served: (Please include dates)
SEE ATTACHED RESUME
9. Educational qualifications: Master in Architecturef1965fHarvard University
Bachelor of Architecturef1962fUniversity of Minnesota
10. List any related professional certifications and licenses which you hold: Architectural License
11. Give your present, or most recent employer, and position:
Currie Sowards Aguila Architects - PRESIDENT
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
Artist, 7 years of design education, 50 design awards, AlA Florida Firm of the Year 2000, Palm Beach
Cha ter of AlA Award of Honor for Contribution to Architectural Design in 1990 and the Gold Medal Award in 2002
I hereb certify that all the above statement are true, and I agree, and understand that any misstatement of material facts
contain d.in this application may cause forfeiture upon my part of any appointment I m y receive.
i~ote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility .to ensure that a current application is on file_
Robert G. Currie, AlA
CURRIE · SOWARDS · AGUILA · ARCHITECTS
Jose N. Aguila, AlA
---.............
. ----~ .ij. ~ ~.,.~
Jess M. Sowards, AlA
-~.~~
ROBERT G. CURRIE, AlA
Senior Designer
YEARS EXPERlEI'ICE
. Since 1969
REGlSTRATlOI'I
. Architect: Cert.
FL#4964
. I'tCARB. #11365
EDUCATIOI't
. Bachelor of
Architecture. 1962
University of
Minnesota
. Master In
Arcbltecture.I965
Harvard University
Graduate School
of Design
FROFESSIOI'IAL
AFf'ILIATlOI'tS
. American Institute
of Architects
. Florida Association
of AlA -
State Director
Falm Beach
Chapter of f'AIA-
Fast ....esldent
Design Awards
Committee -
Chairman
';-.,
COMMUI'tI1Y SERVICE
<< OR<iAnIZATIOI'IS
. Federal Reserve
Bank Advisory
Board - Southeast
Region - AUanta
. De1ray Beach
f'ubllc Library
Board Member
. Flneapple Grove
Main Street
Board Member <<
Design Chair
. City of Delray
Beach Flannlng
and Zoning Board
Fast Chair
. City of De1ray
Beach Community
Appearance Board
Fast Chair
Robert G. Currie is the founding principal of the
architectural firm. CURRIE SOWARDS AGUILA
ARCHITECTS located since its 1969 inception in Delray
Beach, Florida. He received a Master in Architecture
from Harvard University, Graduate School of Design in
1965 and a Bachelor of Architecture from the
University of Minnesota in 1962. Mr. Currie is certified
as an architectural professional by NCARB and has
been registered in the states of Florida, Connecticut
Illinois, Massachusetts, Maine, New Hampshire, Rhode
Island, South Carolina and Virginia.
Over the course of his professional career, Mr. Currie
has planned and designed virtually every project type,
including municipal, public assembly, residential,
commercial office, hospitality and historical
restoration facilities, in both the United States and
abroad. His knowledge of international design and
construction was developed through projects in the
Middle East, Australia, Central America, China and the
United Kingdom. In addition, he taught at the
University of Sydney (Australia), the University of Miami
(Florida) and Florida Atlantic University.
With almost fifty design awards to his credit, Mr. Currie
is the firm's principal designer and responsible for
projects through the design development phase. In
1990, he received the American Institute of Architects
Palm Beach Chapter Award of Honor for Design for
his contributions to architectural design. The firm was
honored by the Florida Association of AlA as the Firm
of the Year 2000. In November 2002, Mr. Currie
received the prestigious Gold Medal Award from the
Palm Beach Chapter of the AlA in recognition of his
contributions to the architectural profession.
fORMERLY ROBERT O. CURRIE PARTNERSttIP. INC.' AlA FLORIDA FIRM OF TttE YEAR 2000
134 Northeast First Avenue' Delray Beach, Florida 33444. 561-276-4951' Fax: 561-243-8184' AA0002271
w.w w.curriearc.com
II
OWtAY BEACH
~
;- n ~.."
IUl
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
f; ~\ AiJcf.-,
5f1/o 7
Rr-'"'r
"r.c:"tt,""....
1993
2001
,MAY 1 1 2005
Please or ,tint the folIo information:
1. Last Name: '::n 0 l.ts
2. Home Address: .u.
'ZL/-s Nt.. tl - AV6N /..(~
3. Legal Residence:
- SoAM.L-
4. Principal Business Address:
- ~A~ct.. -
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
13ATE.I(.,., o~ p,.--,rN
.:{ b' - 2..-, 4 - I C7 ~ Q.. A. ~ (J 0, c...M
6. Are you a registered voter? '( e.-s If so, where are you registered?]) ~ I _ '" .n
e:J-.R.." , ~ ~ cJ.....
7. What Board(s) are you interested in serving? Please list in order of preference:
Name V ~
I ftJ c..- e:. tJ' I
~6~ 6c.^~
City
State
FL
State
City
State
Zip Code
~ L'CJA~ A-dv~s.~ I{."
8,. LisfalICityBoardson which you areeurtently
or have previously served: (please include dates)
~.<
"
9. Ed~~Oalifications:
. ~ :~ f: :~~ ~:..~;
.
KSIN~
. 11. Give.J.Yur present., or most recent employer, d position;
~n.. .... c... - l) A-r~s.'(d <I..... A a.. ( N.UU
~~.lt. d^i"'-Mt\i.J - :DoLc*"-",,, k,(.Z. Oltl\l-;-;N l400J M^",,~"'q-lN1.d4t..
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
s.. UL. Ai:t:A ~ ~L
u....-T P
SlGNATIJRE
I hereby certify that all the above statements are truc; and I agree and understand that any misstatement of material facts
con' in this applica' n may cause forfeiture upon my part of any appointment I may receive.
n1 g f 2-o..f
DATE
'JL--
Note: This application will remain on file in the City Oeck's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SICI1YCLElUClBOARDIAPPUCATION
/-rn ~//5
ckn ~/;}-1
BOARD MEl\JBER APPLICA nON
Vincent P. Dole
Item 12: I have served as a member of the Auxiliary Board of the Art Institute of
Chicago, and was active in planning a large exhibition of sculpture in the public parks of
Chicago. I am now a member ofthe Board of Trustees ofthe Foundation for the National
Archives in Washington. Our group has planned and funded a new public exhibition
space which has opened in 2005, and is expected to receive 500,000 visitors this year.
I am also an active supporter of the National Foundation for Advancement in the Arts,
which organizes exhibitions and scholarship competitions for young artists across the
United States.
~'OI'l : C.ER-SHlI
'J~ J l''l' OJ:) HI'.
l~:a~ ~AJ ~~i2~3J~~4
Hug. 04 200~/I~!~}I
?/lfh
CITY OF DELRAY BEACH €.CE.\\JE.O
BOARD MEMBER APPLICATIOtt . 4 'l.\l\\~
. ~UG - '/...
v C\..€.~
C'\' .
FA:< 110. : 561266074'::.
tIn: t;Lt::JiR
OfUU..Y B€A.C1i
~
'fir~
1993
2001
Plea.liie type 0.1: print the followiag infOIDJariOn:
1. La.stN~e:
2.
J..J
ElIE {'T
S~
City
3. ~ ~dec..=
Cil.y
4. P.cincipal.Busio.C:S3 ~'\ddress:
City
St:l.te
Zip Code
I.
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6_ .AL~ you ::l. .r;;~t.;.z:ed. VOltti'
BUliiness Ph.one:
E-MmAddtc~6:
Cell Phooe:;(
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7. ~ Boacd(~) ;uc you inte:res[' in serving? Pl.asc list in otder ')~ pl:.::fu-elJ.ce::
__ frtvt/ C V)rJrn; Cs ,
8. Lis;: aU City Bouds O(] wbkb. you ue euo:cudy s~g O.t' Ua.Y~ pE~v1ously ~~ed: ~ .indwk da~) ;/0 W
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10. Ust any .related prOf\!.llslOllSll Ct'.I:'l::ifica.tiollS an<;i licctl6C:lS which. you hold:
ll.-Glve ~U[ present,. or m.~ tecent coiployer., and posicion;
12. D~ctibc aperlelce$. skills or knoVJ{edgc whiCh qw.lifr roo. to =e ol.lcbis o;u:d: (ple:uc :unch 11. bOd rc::swnc)
I h<:r~ _ I . . . t ~ tI:e a~v t tcm01t3 .arc tcu.s:. ;rod. I ~et::. and tLl:l~ClCl.d dJ.ac ?y wis$1:l.taJleo.t of nlll.t.eWl ~
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. application will J:~ on tile in th.e CUr a~s O~ for do peaod of 2 yeus from the &.tc it ~
bmil!l:ed. I( 'Will be the: appIi=t':; .r:espo.nsibiJity to Cnsurc'dJ$.t a cuzreru: :iFplJ,Cllt;ion is ou file.. .
~CL.llIlDlI.c.uJ>l,o...UCI.:11Ot<
DB.RAY BEACH
" ... 0 C . . "
R~c!tfIr~;e-
7/ t/iTf
*****
me
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
information:
L
,,!ll
Name Jo €-
City ^. I 7 /.
Vet rlJ .J.Jel<Jcr\
City
ML
Ilk
o II: 0W/N-krJ /J1e-
513711 ~
4. Principal Business Address:
'JI M~/tiflaN ~
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5bi-;lrJ:l,7c;33 %'I-J 3-19;.L d'Redor(iJd/~l:f sz!-fOI'11b'1 5b1-tIJ'lfJ/1
6. Me you a registered voter? y -e..5 . If so, where are you registered61 cl5 k{ Ve~
7. What Board(s) are you interested in serving? Please list in order of preference:
3. Legal Residence:
State
2. Home Address:
~
State
Zip Code
J'3fY1
/JetLc/-J
P[
~u.b1l ~ Aft AJI) 15
130 (}.JL~
8. List a.ll City Boards on which you are currendy serving or have previously served: (please include dates)
-~(
9.
11. Give yow; present, or most receO.t employer, and .Eositio~ ~ fli, " /
Z. C:C.vJl'V6.j)I1i~v+cPf 01& S~- J. ~ uu.t~
-12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~d-isb
f'- ~~A DATE
!
No~ plication will remain on file in the' City Clerk's Office for a period of 2 years from th~~y ~ \<.
submitted. It will be the applicant's responsibility to ensure that a CUttent application is on fiti.'
SICIlY~/JUYIAPPUCAnON
Joe Gillie is the Executive Director of Old School Square, a national historic site
and cultural center and the heart of Delray Beach's renaissance. He has a long
history with the arts in Palm Beach County and worked for the Caldwell Theatre
Company in Boca Raton for 16 years in various capacities including P.R Director
and member of the highly successful Caldwell Cabaret. Joe taught drama and
public forum at Lynn University for six years. He has a B.A. degree from Averett
College in Danville, Virginia and an M.A. degree from Portland State University,
Portland, Oregon. Joe traveled professionally as an actor for three years with the
first national touring company of a Broadway show and has worked in regional
repertory companies throughout the southeast. Locally Joe is former member of
the Board of the Delray Merchants and Business Association and current member
of the Parking Management Board in Delray Beach and is Past Chairman of the
Cultural Executives Committee for the Palm Beach County Cultural Council. He
currently serves as chair of the Pahn Beach County Historic Centennial
Committee. In 1993 and 2001, Joe staged the City of Delray's successful bid for
the All-America City Award, making Delray Beach the only two-time winner in
the State of Florida. In 1994 he received a scholarship from the Getty Foundation
to speak and received an award at the Smithsonian in Washington D.C. where Old
School Square was named one of the top three projects in the United States for
using the arts to affect a positive change on the community by the International
City/County Management Association. Joe has served on State andlocal grants
panels and in February of 2000 conducted an adaptive school re-use program for
the State's Division of Historic Resources. Most recently, Joe accepted the
George Washington Medal of Honor from the Freedom's Foundation at Valley
Forge, recognizing Old School Square's outstanding growth and commitment to
American values. Previous winners include Bob Hope, Shirley Temple, Black and
NBC.
.>
ifiir
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
8; e{!LJ/! V~( Pe6/c
1- d'7-II1
OELRAY BEACH
. to . lit 11 . ...
*****
Please tint the followin
1. Last Name:
GLJ4V5/lJN G
2. Home Address:
~~(, rl4t...:~
3. Legal Residence:
information:
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3l:i
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Name
M
City
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City
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State
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State
1J
Zip Code
3 ? '-i y3
Zip Code
I L'-)Iv IV'
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I 4. Principal Business Address:
City
State
ZiJ? Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
nd- ~lPl
~ heJ,1 p0<. .;L -, -;2 S-~ 0
If so, where are you registered?
~ . ~~~
1. What Boa.cd(s)are you interested in serving? Please list in order of reference:
yJu l..1 L ~"\ I:}. VI.- 0 ~ y.~,-o ~1oi.D .
Fax: S{.;. I
7'-1-0133
8. List all City Boards on which you a.ce currendy serving or have previously served: (please include dates)
9. Educational qualifications:
t31l/\. {" w~ E<IC\; P.
-n:/e.-~- fit; Ml"fV JI{ ~Soo~l.>> MI"\'/u~ 6 f;. tM--5?V{
10. List any related professional certifica.tionsand licenses which you hold:
11. Give your present, or most recent employer, and position:
~€."'nl!t:o' w F €c.. 1i l,e"c..,..-ro~ ~ /Vot.. Fe> I('-()~
p nJJ4J-</
'12 Describe experiences, skills or knowledge which qualify you to serve on this hoard: (please attach a brief resume) .
"ee l?S'7 ~...o:n,'\ 6 ~ Ie o~ T. Ic..7 )?v l- (c- P L- 14- c...65 hi J44-< , PL - C. 'f-&-r..s
~-t 0 JJ I W 0 U G 14 r Po IV (#t.-.5 );v [..J ol<::1 S H .
~)5~b=-. . .DJ--0 .27, 6S-.. ..
Note: This application will remain on file in the' City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to efisuie that a CUttent application is on file.
S\CIlYaJ!R.K\BOAlUJ\A1'PUCAnON
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i9SS
2001
0~h;-C~ (jv b.b
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CITY O.F DELRAY BEACH. RECEIVED
'BOARD.MEM'SER APPLICATIO'N JUN 24 2005
CITY 'CLERK
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r
'l.'1Iis -fl'plic:atioo. -,.,iIl..c.d1Din ou fiJeio. tfu:.01r Cled(a Office me 2..~ ot2 ye:us.6:om tb.e,da.teit,~
~lt ~n:~ !hesipp.liCliUl~s ~ to ~.tbat:2..cattcat app1icationis o.a &. .
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05~10/05 TUE 07:~9 FAX 561 2~S 377~
Cl TI CLERK
1aIf101
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-
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199..'l
2001
VEt0'C~ a4~-~'1Jt.f
CITY OF DELRAY BEACH t2#~
BOARD MEMBER APPLICATION RECE\\IED
MA'I \ 6 2005
\<.
PI.eue ~ or print the fo" . infOl:tnSOOn: ---. i"" \ t:_~
t. Lut: Name: Koskoff ! Name sharon \..II k'I. ....
,
2- Home...'\.~ City St::.t..: ~ Code
325 SW 29th Avenue Delray Beach, FL 3 445
3. Lcg:al ~ce: City Sbte Zip COOt:
same
4. PDocipd- Business Address: City St3te q,Code
same
5. Hame Pbone; I Busincs$ Phone: E-Mail Ad~$: Cdl Pboue: Fax:
561 276-9925' : 561 276-9925 sharonk@adelph~a net 699-7899 276-9925-
i
6. Me you. J:eptttcd V'OCJeJ:? yes If $0. wbae are you l:egUlaed?
Palm Beach Cty
7_ What Boud(s) an: you inteJ:ested in sc:z:ving? p~ list in orda of pcefeuncc: I
. t
....;:./.~
public Art Advisory Board of Delray Beach r
!
8. List tB Ocy Boards on -which you are cuucndy sttVUlg or have pceviously saved: (please include d"tcs) !
I
I
!
Del ray 1
Beach Arts Implementation Committee 8/2004
9. ~bti~~ Fine Arts Degreee Brooklyn College, BA
..,. New YorK Schoo.l ot Interlor Deslgn
to. Ust: any reJawi p.tofc$siooal u:l:tifications Uld licenses which y<m hold:
. See Bio.
U. Give your p.rcsent. oc most tceeQ1 emploYU? 2nd poUtio~
old school Square / Self Employed. See Bio.
. 12.. Dt$Cdbe apcricoa:s. ,kilh ex ~ wbid1 C{\Ulifr JW to sen'"e 00. dUs baud.: (please ~ '3. bM tc:SUme)
See Bio.
I hereby ccaify tbN :II the above ctaleme:l.ts w: ttUe, lIl1d I agree and undusund that 211.'1 !nisse;,.temcnt of au.wiat ft.dS
__b - ~ Y""" my p",of"'yoppoiAtmcotr...y_ .s I
~~~ . 5//0/tl
SlGNATURE. 1 - DATE
- I
Note: This application will ternain on fik in the City ~s Officc for a pdiod. of 2 YeiU$ ttom the date it WAS
~ It will be the. applicant's responsmility to eosuie' tiw . cu.ttct1t ~pliO\tion is 00. ffie.
S'aTY~llCAlto.;
SHARON KOSKOFF
325 SW 29TH Avenue
Delray Beach, Florida 33445
Phone & Fax (561) 276-9925
sharonk@adelphia.net
http://www.bvsharon.com
To Whom It May Concern:
I hereby submit my application to the Public Art Advisory Board of Delray Beach.
I was an appointed member of the Public Arts Implementation Committee, term ending August
2004. I attended all other meetings of the Public Art Task Force Committee for two years prior.
The purpose of these committies was to research, identify and make recommendations as to the
best methods to incorporate art into future development projects.
Delray Beach has been my home for 19 years. I have been active in creating public art from
Jdesigning the Original Art & Jazz poster, to eight Community Mural Projects, to the First Night
Giant Puppets and Miniature Golf, to the Delray Beach Millennium Flower Festival, to the
highly successful Cultural Loop Open Door Project and the most recent Community Chair
Project. I am known for my work with multicultural and multigenerational populations in diverse
neighborhoods. (See Attached Bio.)
.1 haveselVed as a sculpture judge for the Delray Affair for the many years and I am currently
teaching art classes to youth at Old School Square. I am the founding president of the historic
preservation organization, the Art Deco Society of the Palm Beaches and lead walking tours
entitled Deco in Delray.
I am proud to live in Delray Beach and be a leader in the Public Arts Community!
Please consider my application for the
Public Art Advisory Board of Delray Beach.
Respectfully.
. ~AA>t. ~1fI SJd/AS
Sharon Koskoff
)
1
8/aa'tDn. l/(gMcoff ~
'haron Koskoff is a full time professional artist known for her Decometric murals,
conceptual installations, giant puppets. ' environmental designs, children's programming and
love of architecture. As fine arts major of sculpture and photography, she received a cum
laude Bachelor of Arts degree from Brooklyn College, and a second degree in
Color Theory from the New York School of Interior Design. Koskoff taught at the Armory Art
Center for fifteen years and is currently teaching at Old School Square. She is also a well known
lecturer on the architectural stylings of Twentieth Century design. Koskoff is the founding president
of the historic preservation organization Art Deco Society of the Palm Beaches, and a past vice
president of the Artists' Guild of the Norton Museum. She serves as a Palm Beach Post
Pathfinder Award judge for high school art students. Koskoff enjoys working on both public and
private commissions while d~signing needlepoint for her own company, New York Needlecraft!
Currently on view is the Community Chair Project, 12 Adirondack Chairs painted by 30
Volunteers on display in the Cultural Loop of Delray Beach, sporting Delray Beach icons.
.. Koskoff just completed eight murals at UB Kinsey/Palmview School of the Arts,
'seven murals at Roosevelt Elementary School and three murals at Discovery Key Elementary
School.. Her seventy panel "Timeline Collage" entitled 350 Years of Jewish History in America
will be on display at the JCC in Boynton through 2005.
Sharon has recently completed three large murals at Greenacres Elementary School, a Chinese
New Year mural for the Palm Beach Zoo at Dreher Park and a seven-hole miniature golf course
installation for First Night 2004 Delray Beach Celebration. Her "Gator Calculator" was
positioned in front of the Clematis Street Fountain. Koskoffs Delray Beach Cultural Loop
Open Door Project 2003-4 installation, displaying 111 Doors painted by community artists was a
huge success. WXEL-TV featured the Doors on South Florida Today.
Sharon Koskoff is the only artist on record to receive eight consecutive grants from the
Palm Beach County Cultural Council for the Neighborhood in Artist Residency Program
(NARP). This award funded group art projeCts in multicultural areas. The results of these efforts
have been the public murals in Delray Beach known as the Community Mural Projects. Koskoff
has also painted over 125 murals in twenty five Palm Beach County Public Schools.
In 2002 and ~003, Koskoff worked with ten community schooVorganizations, each creating a
fourteen-foot tall giant puppet to march in the annual Delray People's Procession Parade.
: In 2000, Koskoff appeared on the nationally televised Home & Garden HGTV network program
"' Modern Masters. A Coney Island themed mural environment she.designed in a
nine- seat "home theatre" in Admiral's Cove, Jupiter premiered on the Sunday evening show.
Sharon Koskoff loves to create living floral installations. She is well known for designing a
seventy-five foot flower "float" using 15,000 live impatiens for the Delray Beach Flower Festival
in the years 2000 and 2003. Her live "Flower Bed" installation at the Showtel2004 exhibition held
'at Hotel Biba was rewarded with a TV interview on WCTN, Channel 15.
Koskoff has taught art classes and workshops in many educational facilities as the
Norton Museum of Art, Boca Museum of Art, Palm Beach Institute of Contemporary Art,
Palm Beach Community College, Vero Museum of Art, Edna Hibel Museum, Art Institute of
Fort Lauderdale, Lynn University, and public libraries etc.
The City Commission has appointed Koskoff to the Delray Beach Public Arts Committee.
Sharon and her family moved from Brooklyn, NY to Delray Beach, FL in 1985.
(/'ulJ/J.e e.o~~lotU
American Heart Association - Signature Artist, Wellington
ARC - 4 Murals - WPB
Armory Art Center - 1997- 2001 "Artists Ball Designer" - WPB
Armory Art Center - Gators Galore - "Gator Calculator" - Clematis Street Fountain, WPB
Art & Jazz on the Avenue - Official Poster - Delray Beach
Artigras - 2 Community Murals - Jupiter
Atlantic Community High School - 3 Murals - Delray Beach
Belvedere Elementary School - 8 Murals - WPB
Boca Raton Elementary School - 2 Murals - Boca Raton
80ca Raton Historical Society - Ceramic Tile Mural, Count de Hoernle Train Depot, Boca Raton
C.W. Gerstenberg Hospice - Children's Bereavement Mural- WPB
ICarver Middle School - 2 Murals - Delray Beach
Cezanne Jazz Club at Sheraton Hotel - Mural - WPB
City of Aventura - 3 Murals - Founders Day Festival - Aventura
Clematis Street Bench Project - Metropolitan Sponsor
Coffee Gallery Cafe - 3 Murals Lake Worth I 4 Murals - Stuart
Connor Moran Children's Cancer Foundation - Murals - WPB
Del Prado Elementary School - Cafeteria Murals - Boca Raton
Deiray Beach Cultural Loop - Open Door Project - 111 Doors Installation
Delray Beach Cultural Loop - Community Chair Project - 12 Adirondack Chairs Installation
Delray Beach Flower Festival - Millennium Project - 2000 - 15,000 Flowers
Delray Beach Flower Festival- Toussaint L'Overture H. S. 2003 -15,000 Flowers
Delray Beach Multicultural Festival - Mural- 2002 - Delray Beach
Delray Full Service Center (Old Carver Middle) ~ Murals - Delray Beach
Discovery Key Elementary School - 3 Murals - Lake Worth
Eagles Landing Middle School - 7 Murals - Boca Raton
Environmental Resources Management Of Palm Beach County - Murals - WPB
First Night 2002 and 2003 - 10 Puppets on Wheels - Delray Beach
First Night 2004 - Seven Hole Miniature Golf Murals - Delray Beach
Galilee Retirement Village - 7 Murals - North Palm Beach
Good Samaritan Hospital Kids ER Lobby - WPB
. Greenacres Elementary School - 3 Murals - Greenacres
". Gringle, Dougherty & Wheat - Have a Seat! - Adirondack Chair- Delray Beach
i Hotel Biba Showtel 2004 - Flower Bed Installation - WPB
HRS Lobby & HRS Pediatric AIDS - Riviera Beach
Indian Ridge School - 2 Murals, WPB
JCC - Theatre Production Mural and 6 Sculptures - WPB
JCC - Wild Things: A Child's Right to Read - 5 Room Installation - WPB
JCC - Hanukkah-test - 10 Pastel Murals - WPB
,JCC - 350 Years of Jewish History in America - 70 Collage Panels, WPB and Boynton Bch
Jefferson Davis Middle School - Murals - WPB
Loggers Run Middle School - 4 Murals - Boca Raton ,
Love's Drug Building - 1 st Community Mural Project - Delray Beach
March of Dimes - 8 Mutals Panels - WPB
Mario's Market - Exterior Murals - Delray Beach
Morikami Park Elementary School - MuralS - Delray Beach
Native Sun - Have a Seat! - Adirondack Chair- Delray Beach
Nine Muses - Art Therapy Mural - Fort Lauderdale
Norton Museum at Art - 2 Murals on Canvas, 2 Wood Cutouts - WPB
Northmore Elementary School - 2 Murals and 1 Collage Mural - WPB
Odyssey Middle School - 10 Murals - Boynton Beach
Office Depot Corporate Headquarters - 3 Murals, Olympics Sponsor - Delray Beach
Palm Beach County Millenium Council - 3-D Mural Collage - Time Capsule - Travel Exhibit
Palm Beach Gardens Hospital - 10 Murals - Palm Beach Gardens
Palm Beach leA - Street Painting Artist 2003 - "The Smiths" - Lake Worth
Palm Beach International Airport - 2 Murals - B & C Terminals - WPB
Palm Beach Public School - 2 Murals - Palm Beach
Palm Beach Zoo at Dreher Park - 50 Mural Panels on Wood, Construction Expansion Fence
Palm Beach Zoo at Dreher Park - Boo at the Zoo, 7 Murals on Wood
Palm Beach Zoo at Dreher Park - Year of the Horse, Monkey and Rooster - 7 murals on Wood
Palm Beach Zoo at Dreher Park - Live Animal Stage Scenery
,Palm Beach Zoo at Dreher Park - Christmas in July, 7 Murals on Wood and Decorations
!Palm Springs Elementary School - 2 Murals - Palm Springs
Palmetto Elementary School - Murals - WPB
Parker's Kitchen Building - 2 Murals - Delray Beach
Pine Grove School of the Arts - 15 Murals & 5 Metal Sculptures - Delray Beach
Port Salerno Elementary School - 2 Murals - Martin County, FL
Post Card Murals Sent to the US Troops In Saudi Arabia
Quest Theatre - Theatre Design and Murals - WPB
Ranger Construction Corporate Office - 3-D Mural Collage - WPB
Robert Montgomery's Home Safe Project .. 3 Murals - Lake Worth
Royce Hotel- Murals - Fort Lauderdale
SO Spady Elementary School - 11 Murals - Delray Beach
Solid Waste Authority PB County - "Do the Right Thing" Campaign
South Florida Science Museum -2 Murals - WPB
S1. Mary"s Hospital - Murals - WPB
Sugar Sand Science Playground - 4 Murals - Boca Raton
SOntest Banner Project - 3 Years - WPB
Sunrise Park Elementary School -3 Murals - Boca Raton
U. B KinseylPalmview School of the Arts - WPB, 12 Murals
United Way Day Care - 5 Murals - Pembroke Pines
Very Special Arts I VSA - 4 Murals - Delray Beach Migrant Workers
Washington Elementary School - Murals and Gardens - Riviera Beach
) West Palm Beach Centennial - Murals - West Palm Beach
/ Whispering Pines Elementary School - 12 Wood Cut outs - Boca Raton
DElRAY BEACH
. f,. 0 .. . . ..
*****
AII-AmericaCity
" III!
1993
2001
<&- l (p-tJ,
inform.a.tion:
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION:.CEIVED
AUG 1 6 2005
CLERK
ML
.3
sft ~ z~Cte
Zip Code
Name
o
LJWz ~EAW
City ~
C
~~!0
State
State
k~
Zip Code
33cf3/
E-Mail Address:
.------
Cell Phone:
~
ds on which you are cun:endy servin."g 0 ave [eviously secved: (please include dates)
<r (fU RJ!i3LiQ..
9. Educational qillllifiations:
10. List auyrelated professioual certifications and licenses which you hold:
~ 'R ftTZ) ~ q- (\){ f7(N)(
Note: This application will remain on file in the' City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~p~W~' .~UON
05/18/05 WED 12:32 FAX 561 243 3774
CITY ClERK
~003
......
l.Jnlre S1lam Monts1228 N.E 8Ih SIr. sUSe 4. Defray Baidl. A ~
a.~~.~ and Plde&:iulal PIdiIe
:'--"
'---
A~laI PrdIe:
Ccn:8vad ani aoIed The FWst ~bl~ldI Art ExhtitkJn. -Me t.bIeme"
Moscow1991(Russia) and Nortcn Muselm. Palm Beach.. A
Q~~. Iedl.mSSlies -cor.dssetnhfp:l11aArtd~~V r:m Nt'
= 1lad9sf1aws ard eJdliJiliJls: UrIIed ~. Spain. naIY. FIanE.
Art ConsUIa~ =. PriYaIe Blnk and 0Iibar* Nt Aduisay. Pam BeacI1r A and N9w
York. N.Y.
Created and operates ArtlTours: The City of Beverly Hills. The University of Judaism and
LASHA. Los AI ~Ca.. Palm Beam COmrnIriIy ~ Boca Halon and Palm Beach
TralIlilIl.IiLcc. -stnMxs lI1d U:.u~~. Rhino RGcordsISficrah FoooddDn. Los". geIe$
LectIfir: ~ HIs AtU: School.. BsuarIy .. Ca. The Boca AaDJ ....... Boca
Raton.Fl Palm Beach ~CoBege. Palm 8tB:b GanBl5am Boca Ram. A. The
Qesign CenIer, Los~ Ca
~ BchtiID[ rrods"' GaIefie MorIs VNendi. ZlRh. SwIzsr1and
FeaIlied on wxa-tY (PUlIIc ~ UiKh 2002
~. Art CoIedon CedaIs Sinai HoSPtaI. Los Angeles. Ca
SenW1arseries feaUed on WXEL-tv. "'SoIAt FknB Toaay-
Co-Cumlor OICome1 Museun"& ~LaIIn American hr. DeDyBeach. R
Pdi ...;..,,... Skits:
=~
=~~ bmdues.. porrdiOnal maleliaI. pI~
Ad CorISI*tt Space PIarri'g. SIagIng
Oladly ani R.lCi"as. 19
~~ = 5Iem t.bris FmAit. ~ Bead\ R:
199&- PIIIseR: Art ~ SOHO GaIeIy, SbIo City, Ca
1996-1998: I:IredorQnlcr AIled: SUIrt Gallery. West ~ ca
1991-1994: CUndor Brua! Lme Gallery. New York. N. Y.
1983-1991: DirecIDr ARTworbI. Pan Beach. A
1985-1988: Safes Corrst.Jftant Safes Fifth AwrIIe, Boca R8t0n, R
-'
A.dditionaL EmpLQymeC\t
MaRhalkllllellar ~ GRq1. ASID. Los hgeles.. Ca
8lit8dieIds (an e-8aYCarnpany) . Los ~ am San Fmrnsoo. Ca
MimaeI Berman. ASID. Los AJ~. Ca
Bryan Peale. ASlD. LoS N~ CaI
Boca R;ex1 NIMs. Boca RaIDn. R
Poly Nee AidJns and AAx'aiseIs. Dehy Bech. A. 8m Valley, Ia
Y & R AdwJItising. New YOIt. N.Y.
Green AduertIt*IQ. OeaIUj.13eiId\ R
t.termer: cedIIs Sinai Ms CoIR:iI. Los Angeles. Ca
MerdJer Palm BeadI CooolyCoLld d the Arts. Palm Beach. A
I"J:II::1:U~I::tART GALLERIES
the miami design district
3900 ne 1" avenue
miami. f10rida 33137
ph 305.573.7373
Ix 305.573.7343
gallery center
608 banyan trail
boca raton. f10rida 33431
ph 561.S89.B933
Ix 561.989.8946
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ELEANORE BERMAN 'POND GRASSES AND CARP"
MICHAEL GORMAN 'THE BULL" FROM BULL SERIES
LZvL'Lv€ -l9S .XV,:I
8L80'6LZ -l9S "3.1
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DISCOVER THE PASSIONATE WORLD OF ART COLLECTING
GAIN KNOWLEDGE AND ENTHUSIASM IN THIS UNIQUE
INTERACTIVE SEMINAR SERIES.
MEET PROMINENT AND DISTINGUISHED
FIGURES IN THE WORLD OF
CONTEMPORARY ART COLLECTING, INCLUDING
AUCTIONEERS, CURATORS, GALLERY OWNERS, ARTISTS,
INTERIOR DESIGNERS, ART COLLECTORS, SCULPTORS,
AND ARCHITECTS.
RENE VASQUES
"UNTITLED"
FROM PASSAGE SERIES
LULA FLORES
'CONVERSATION'
TOPICS MAY INCLUDE
. ART LAW
. INTEGRATING FINE ART WITH INTERIOR DESIGN
.... ART COLLECTING FOR INVESTMENT/PROFIT?
. INSIGHTS AND SECRETS OF ART COLLECTING
. ART AND AUCTION
.... WHERE TO BUY ART- NEGOTIATING PRICE
. THE FINE ART OF CLASSICAL FRAMING
. GLASS ART
DAVID LEHR AND MUCH MORE
'MR. POTATO HEAD'
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1- /P-/F7
OELRAY BEACH
. . ... . ; ." ..
5H~- fO~11..
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
JUL 1 2 2005
e'l ~R
Zip Code
33 tf4S-
Zip Code
City
Ben-cA
State
PL
State
-199:1
:W01
Please rint the follow' information:
1. LastName: RfrBIIJOWfT::?-
2 Home Address:
Name
3. Legal Residence:
( :!Xi N. 4. <; CZ02J'l/e )
4. Principal Business Address:
(5dA1U-- a 5 a htfve)
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
56/-!?3r--h11 50/- 'ito-fo3<<J jr~rab,nl)wrlJ. S-6"/-8'"~;;
6. Are you a registered voter? If so, where are you registered?
Yt:- 5 J)e " _
t Boacd(s) are you interested in serving? PleaSe list in order of prefere
, b
City
State
Zip Code
Fax:
7.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
)
.' 9.
. qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
conWned.. dUo a - ati may "'.." fodeit",. upon my part nf any appoitument ; ~ ~ ~
SIGN DATE/ /
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current appliCation is on file.
S'CITYCLIlRK\80AJU>\APPLICATlON
J-.YVl fR II ~
Jerry Rabinowitz
JRabinowitz Photography
561-870-6300
Skills and Qualifications:
President ASMP{American Society of Media Photographers), New Mexico
Steering Committee - President's Council - ASMP - Aspen, CO
"Albuquerque, A Celebration of Contrasts: Albuquerque's 1st coffee table book in
conjunction with City of Albuquerque, Chamber of Commerce and Bernalillo
County Government - Commissioned Photographer
.Our Governors Mansions. Book, in cooperation with New Mexico Governor Gary
Johnson and Oklahoma Governor Frank Keating - Selected. New Mexico
Photographer
Photographer for numerous largescale public buildings. Metropolitan Court
. House. Navajo Nation Cultural Museum, New Mexico Museum of Natural History.
Roswell Government Center
Boston University, College of Fine Arts - Guest Lecturer, Large Format Photography
Winner numerous New Mexico Addy A wards - Advertising Federation:
Commercial Photography
Consultant with Public Art Sculptors on integration of art with public building
projects
Fqji Film Corp - Traveling Lecturer- Architectural Photography
Clients include:
o Trump Properties. including Mara-Lago Resort & Spa
o The Breakers, Palm Beach
o American Airlines
o Intel Corp
o The Navajo Nation.
o Fisher Island
o New Mexico, South Florida and Delray architects
Publications List includes:
o "Palm Beach Illustrated" - Contributing Photographer
o "Florida. Design"
o "Santa Fean, The Magazine of Santa Fe Ufestyle"
o "Business Week"
o "Su Casa, The Magazine of New Mexico Homes" - Sole Photographer
o "Florida Architect". AlA (American Institute of Architects)
o "New Mexico AlA Journal"'
o "Range Finder" - Journal of Professional Photography
o "Naples Illustrated" - Contributing Photographer
o "American Archeology Magazine" - Contributing Photographer
My studies of art and architecture as a profession bring a broad awareness towards
the confluences of form, function, flowof life and purpose of public spaces and its
surrounding environments. .
j
~
;ilfr
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
No.4QOJ p,~
LJIfi//16S ~I
~/fL3/b J
J~h.Z~. Z""~ lz:uXPM
DE\.RAy B'EACH
.... .. . . . . .II.
2. Home Address;
.;tC{O Nc 54h AJe-.
3. l..egal Residence:
o Nt SFk Av<- :# ll{'
4. Principal Business Address:
S'AB IN
-!ife
N~me S0 SA
Ci
?)t::L((.Af Be-A ck
c
10E(/lAt ~t:7k'{J.
City
RECEIVED
JUN 2 3 2005
RK
,1.
information:
St~
Slale
K
State:
~3~ri
Z.ip Code
J3vfJ
Zip Code
c A 17 (;::.
.-/ .
5. Home Phone; Businc;s Phone: E~Mail Address: Cell Phone
5b I-;l.. 7J.-.- 1'1 ) c 5 a - 8tt !'-(}...~ I ( ~ "./ ft) 5-~s, N~-( ~<;C/.~{?, <J....J fO
6. Are you a r~tercd voter? If so" ~ere are you egisTcd?
y ~ ,./_ cflA/ o:C fc
7, \.;thIH Boud(s) Me you intc.rc:>t<:-.d in serving?Pkasc!in in order of prefereuce:
Fax;
5" C/- t:f.s/-ot --; t
/-
.Ad L/ '-'SD ~ G C07 r -I d t20fYl.'YI . i-kt2. !--:;e:T
8. List all City Do s on which you are cun:ently serving or have pteviously served: (please .inclUde datcs)
^-)o /l.) C.
9. 'F.duC:.Jtioaal qualifications:
e,f1CH F LC.K5 -::;;; E 6 R. t z i 0 ~S L c.JIo 1- 0 Ci l
10. Lisl any rdated professional cer:rifications and licenses which you hold:
,...~ Ie - -+-. J
. '1\ ,::c.i Ie. :'.) (CL.-t e._.. J'e E Jj .s .f~ ,
11. Give YOllr prescnt, or most recent employer, and position:
~ A /\).;'
L;'" K.1 <:.: t....A1.-
'.-y<....( \,..-..)
12. Descnbc experiences, skills or Imowl~e
.;:::::;:.- hCfUQ. C( U, . r- I-~n /Cifl.2,
.., '..-[_,_,__bC1UQ..... .f~?t?f~. .... ;/). .. ..;. ~.Je.s.... .-.::::.:F2:.C.::.);, i~.J}..!,,!'..):..b;e;t:)."F.:-:&.;-~-c;;:t7.!:.:. ,..' . .=
~.':1';~~--'...a;:~-:::~-n5f. y)J ~(jrre}']l/ ef7/U}!ed in cf~SJ(~r q
I hcceby certify that all me above statements are tn1c, and I agree ;ilnd and amd th3t :any aUs$Car.cment of ~rerial facts
con . ed in chis applic '00 may cause forfeiture upon my part of any appoinanent I FY r~ei~e. b.Jc.l 's::'}...;y::,/ ~ u Y.p
~~{,~~-c-v ,) /8-v~ . (, /;)3 / 0 ,~ .
G~~ ~'
Note: This applicatioo will remain on tile in the City Clerk's Office for II period of 2 yean from the date it was
submitted. It will be the applicant'tl responsibility to ensure that a current application is on file.
SlClTYCl.J!lOOllOollllMPf1JCA11Otl
)
,jrI) tJ/ ~
/IY? it! rr 7
. (/tYJYi!jLf/lj
5/ r/t77
REC,E~\'E.D
MA'l , ~ 2nns
crt\{ CLER\(
MLw.
~rde
3. LegalResidenc:z1.J.5 ;IE. / '7-ti. 5* City7)elr~ !3eoVi SpL j~Ode
4. Principal Business Address: . .'f: City SDlte. Zip Code
.fJn; 5~hdJ I LDJ NuJd:< S . ])e_)r~y ~ FL 33
E-Mail Address: Cell Phone: Fax: LL-()
t.Eo. -
510 I ~ ;}76- 'I'll It> 1- 2IJ l- d
DElRAY BEACH
. , . _ . .......
*****
m~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
. 2001
information;
Name
m i +-h
2. . Home Address: . L/ 5 ;I. E
5. Home Phone:
Business Phone:
S/pl- 27c1- ()()/;
6.
7.
f tJ.-.b 1/ G lie f:5 :j::/l). Ie rn en f d -ii{) n f!t;/nm;' e e-
8. List all City Boards on which you are currenily serving or have previousLy served: (please indude.dates)
} ~ 111;;-
9. EduCltiO~ qualifiCltiOns:
- /? fe.:5.5// r ;' 7&:J L-h e Jr' &r 11ft '-
10. List any related professional certifications and licenses which you hold:
U. Give yow; present, or most recent enlployer, and position;
. I ~M()() / --7e:5 f /l-dln;l1;stra7ZJr
. 12 Describe eriences. skills or knowl~wl)ich quali ou to serve on t!J.is hoard: (please attach brief tesum~
. t9~/A/6/J C!-OAl5t!L /JIt/TPo"e., /he.T7ST:5 ~/V6
lAfo~ 1111 'PI2/V/JTt5 0 (![)^- jJt')elHZ- LL-C07o/V5.. qlf//e-I?-
lJ/eG-c;7?>,e ',e/fStJ.re/lJtJn 'aller. r-~ Cl.fJJ1 6 /lert t!on:5f}/knt~ arl
I het:~y c:rtify. that ~ ~e above statements .are true, and I ee and und~tand that any miss~t ent of material facts i 51
contatned 1h this appliClt10n may Cluse forfettw:e upon my p~ of any appotntroent I may receive. 9' . J l
SJrYlLtw;r lJL;kdL . DA'-{!ICU;Y / ~ 2/Ja3
~oL This application will re1rulin on file in the' City Clerk's Office for a period of 2 yeats from .the date it was.
submitted. It will be the applicant's responsibility to ensure. that a. current application is on file. ..
. SIalY~~nON
DELRAY BEACH
.lOCtO...
*****
Please
1. Last Name: 5T f2- A- '
2. HID Addr/tl E Et:J~9E 3vSJI-
3. Legal Residence:
:5A-:AIl L--
4. Principal Business Address:
CITY OF DELRAY BEACH RE.CE\\lEO
BOARD MEMBER APPLICATIO~UR: 11 t\\\\b
E.~'"
C rt'l Ct: .
ft/~J ~
M.I.C
~?deV
Zip Code
State
FL
State
rmr
1993
2001
Name
City
State
Zip Code
S. Home Phone:
z7i-
6. Ar.e you a registered voter?
E-Mail Address:
Cell Phone:
Fax:
If so, where are you registered?
!J<E-t,/fAY
ctf-
8. list all City Boards on whiclwrou are currently servin~ or have previo 1 serve' lease include dates)
Co 2-/(/ dlZ.-Ct" ~E'.AJ
("". b I .>/ 6,...J ~
ertifications and licenses which you hold:
$L-i- 1.A.J;tJ 15
QA-/2 ~A/ L€A/r~.
DAlE
Note: This application will remain on e in the City Clerk's Office for a period of2 years from the date itwas
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\BOAJU>\APPUCATION
ORRAY BEACH
. I. 0 .. t 0 A
*****
All-AmerlcaCity
, III I!
1993
2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATI~~N 2 6 2006
C\TY CLE.RK
~~
I.
~,
~ Code
Zip Code
53~.)
Zip Code
information:
State
.
4. Principal Business Address:
5. Home Phone:
Business Phone:
E-Mail Address:
:(~W~ \:::11 ~
Fax:
.. ~'ET"
If so, where are you registered?
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9.
11. Give your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
. ~
~
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material f: cts
contained in this application may cause forfeiture upon my part of any appointment I may receive. .
o
~~~.) 0'-
DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date itwas
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYQ.ERK.\IlOARD\Al'PUCATION
ClI'! : PI-O'E 1-10. 561 278 5010
~. .~__r-.'" c"S:. C:;;:;;o .
Oct. 08 2004 07: WAN Pi
RESUME - KERA TROWBRIDGE
l WOULD LIKE TO ADD THAT IN ADDITION TO WORKlNG AS AN
INTERVIEWER - AND PANELIST FOR WXEL (90.7 FM) - ON A YEAR ROUND
WEEKL Y BASIS - I AI"SO OWN A HOUSE ON HARMON COURT - (OFF OF
LAING- OFF OF ANDREWS AVE) THAT WAS BUILT IN 1921-IT IS <1CEY
WEST' - STYLE (AS IS OUR NEIGHBORHOOD) - AND I HA VB ENJOYED
RESTORING IT _ THE HOUSE AND ITS GARDEN. -IT HAS BEEN OPEN FOR
CHARITY TOURS FOR VARIOUS ORGANIZATIONS AND WILL BE AGAIN THIS
WINTER.
I HAVE LONG WATCHED THE VARIOUS STANDING SCULPTURES WHICH
PREVIOUSLY HAVE BEEN ON DISPLAY IN THE NOW CAlI -PH "PINEAPPLE
GROVE AREA" AND MIGHTILY WISHED THAT SOMETIllNG COULD BE
DONE.-
I HAVE DONE MANY COMMERCIALS -MOVIES - AND PRINT ADDS - IN
ADDTION TO BUILDING AND RESTORING HOMES IN THE SAN DlEGO,CA.
COUNTY AREA-
I WISH PUBLIC ART ADVISORY BOARD GREAT SUCCESS IN 1lIEIR NEW
ENDEA VOR--
)
)
DRRAY U'EACH
~
m~
1993
- 2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Edu~
1" 51., CJ1
Please riat the foUo. information:
1. Last Name: OS t-f11
2. " Home Addt:ess: 'L
ruJO z-- f\.J00J1fR-f D R.O (
3. Legal Residence:
"SfHYJ [
4. Principal Business Address:
ClftW EJ2. tr) ) 0 0 L L. S"C lfi::JoL
101 -BItRu;''i C(.L R.D
Name f Er;G-9
~1[.~ft-~ E4J-Cff
City
M.I.
State
G
State
Zip Code ..'
2339"0"
Zip Code
City '.
O~~(l-Y 6 (; t+-cl-J
State
~L
Zip Code
33 LflP6 .
t;bf-u;r;,~~}5h(~h3 Z-ZIOiJ
6. .Ar.e you a registered voter?
E-Mail Adchess:
Te.f) TilneJ;"_19@9./h, V ICOIY)
If so, where are you registered? .
~ _ [~k
7. Wlut Bo~s) are you interested in serving? Please list in order of preference:
U!JLIL ,4/2r- fJ-DVi.SO c "0 f2l) - .
Business Phone:
Cell Phone:
Fax:
5. Home Phone: .
lA-Cf/-.
8. List all City Boards on which you are currendy serving or have previously served: (please indudedates)
) ')
10. List any related professional certifications an~ licenses which you hold:
--TC"'""/lr " , -
J c..nvft c . . . _ c . F-L", ~O' -
/0. scJf.~ !:;
e attach a brief resume)
I hereby certify that all the above statements are ttue, and I agree and underst2nd that any misst2.tement of trulteri2l facts "
- application truly cause forfeiture upon my part of any appointmen I Ou receive.
. . ".'. '7 4.. oS- RECEIV.ED
D JUL OR ~005
AroRE
.L "\
Note: This application will remain on file in the'City Clerk's Office fora period of2 years fr0+-W @t..\t
submitted. It will be the applicant's responsibility to eOsme that a. current application is on file. "
f4I1 o/f4!~ . ~
PEGGY USEM, M.P.A.
2002 Northridge Road
Delray Beach, FL 33444
561-266-8599
ten times 99~vahoo.com
Education: B.S. Art Education, University of South em Colorado-Pueblo, 1974; M.P.A.,
(Public Administration), Florida Atlantic University, 1992
Employment History:
1974-present: Classroom teacher. Currently teaching grades 7 and 8 at Carver Middle
School, Delray Beach, Florida.
PHOTOGRAPHY:
1997-2001
Special events photographer for Florida Marlins, Miami Dolphins,
including SuperBowl XXXIII
1997-2001
Gala, Opening Nite, Special Events Photographer for Fort Lauderdale
Film Festival
1998
Oprah Winfrey's party photographer, Key West, Miami, Florida
Memberships: Palm Beach County Recreation Coalition, 1990-1995, Chair;
Association for Public Administration, 1990-1999, Treasurer
Certifications: Colorado, Texas, Florida Classroom Teacher, Language Arts, ESOL
[ITY DF DEL RY
E [H
CITY ATTORNEY'S OFFICE
, \i\\ 1\1 AV!",! I
I PIIO'\l c", i
R\ Y BEACH" FLORIDA 33444
:. L\CSIJ\lILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F l 0 I< I D A
lied
AII.America City
, III I! ~;TE:
1993
2001
MEMORANDUM
June 15, 2006
FROM:
City Commission ,r ~
David T. Harden, City Manager r6V\ /
Terrill Barton, Assistant City Attorney
SUBJECT: Resolution No. 45-06
Attached please find Resolution No. 45-06, which authorizes the City to purchase
property located at 2501 Seacrest Boulevard (old Atlantic High School site) from
the School Board of Palm Beach County for the construction of a soccer complex
for recreational purposes. The purchase price is $112,500 per acre for 7.42 acres
with a total purchase price of $834,750.00. Also attached please find the Contract
for the Sale and Purchase of the above-referenced property.
Please place the resolution and supporting documents on the agenda for the July
11,2006 City Commission meeting for public hearing.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Richard Hasko, Director of Environmental Services
Joseph Weldon, Director of Parks & Recreation
Tom Kwiatek, Recreation Supervisor IV
, \:J 1\
RESOLUTION NO. 45-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM THE SCHOOL BOARD OF PALM BEACH COUNTY
("SCHOOL BOARD") 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 SCHOOL BOARD AND THE CITY OF DELRA Y
BEACH, FLORIDA.
WHEREAS, the City of De1ray Beach, Florida, wishes to acquire certain property located at 2501
Seacrest Boulevard to construct a soccer complex; and
WHEREAS, the School Board desires to sell the property hereinafter described to the City of
De1ray Beach, Florida; and
WHEREAS, it is in the best interest of the City of De1ray Beach, Florida, to purchase said property
for the purpose described above.
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 De1ray Beach, Florida, as Buyer, hereby agrees
to purchase from the School Board of Palm Beach County, as Seller, land to construct a soccer complex for
recreational purposes, for the purchase price of Eight Hundred Thirty-Four Thousand Seven Hundred Fifty
Dollars ($834,750.00), and other good and valuable consideration, said parcel being more particularly
described as follows:
Begin at the Southeast comer of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said comer lying on the westerly
right of way line of the Florida East Coast Railroad; thence S07048' l1"W
along said westerly railroad right of way for a distance of 682.32 feet; thence
departing from said railroad right of way S89016'05"W for 196.82 feet;
thence Noo043'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet;
thence Noo043'55"W for 23.79 feet; thence S89016'05"W for 117.14 feet;
thence Noo043'55"W for 604.30 feet; to a point on the south line of said plat
of De Carie Subdivision; thence N89016'05"E along the south line of said
plat for a distance of 551.23 feet to the point of beginning.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Del ray Beach, Florida, and the School Board are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of , 2006.
ATTEST: MA YOR
City Clerk
2
RES. NO. 45-06
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT made and entered into this day of 20_,
by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
(hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246,
West Palm Beach, Florida 33406, and the CITY OF DELRA Y BEACH, FLORIDA
(hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray
Beach, FL 33444
For and in consideration of mutual covenants set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and in
further consideration of the terms and conditions hereinafter set forth, the parties hereto,
intending to be legally bound, agree as follows:
1. AGREEMENT TO SELL AND BUY
The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy
from the SELLER, subject to the terms and conditions hereinafter set forth, that certain
property in Palm Beach County, Florida, legally described as follows:
Begin at the Southeast comer of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S07048'11"W
along said westerly railroad right of way for a distance of 682.32 feet; thence
departing from said railroad right of way S89016'05"W for 196.82 feet; thence
NOoo43'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet; thence
NOoo43'55"W for 23.79 feet; thence S89016'05"W for 117.14 feet; thence
NOoo43'55"W for 604.30 feet; to a point on the south line of said plat of De
Carie Subdivision; thence N89016'05"E along the south line of said plat for a
distance of 551.23 feet to the point of beginning.
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property").
2. PURCHASE PRICE
A. The purchase price is the sum of Eight Hundred Thirty-Four Thousand
Seven Hundred Fifty Dollars ($834,750.00) payable at time of closing by
Cashiers check. At such time as the purchase price is paid, the aforesaid
deed shall be delivered to the BUYER.
B. Purchase Price set out in Section 2.A. above is based upon 7.42 acres. In
the event that the actual surveyed acreage is more or less, the Purchase
Price shall be adjusted up or down in the amount of $112,500.00 per acre
based on the surveyed acreage of the Property actually purchased and sold.
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before September
31, 2006, this Agreement shall be null and void. The date of agreement, for purposes of
performance, shall be regarded as the date when the last one of the SELLER and the
BUYER has signed this Agreement.
4. CLOSING DATE
This Agreement shall be closed and the deed and possession shall be delivered on or
before October 1, 2006; unless extended by other provisions of this Agreement.
5. EVIDENCE OF TITLE
BUYER may obtain a title commitment proposing to insure BUYER's title to the Property.
All costs associated with the title search and all title policy premiums shall be paid by
BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying
defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of
time, not to exceed sixty (60) days, from receipt of notice within which to remove the
defect(s). BUYER shall have the option of either accepting the title as it then is or
demanding a refund of deposit(s) paid which shall immediately be returned to BUYER;
thereupon BUYER and SELLER shall release one another of all further obligations under
the Agreement.
6. CONVEYANCE
SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The
Property shall be conveyed in an AS IS, WHERE IS manner without any express or implied
warranties or representations outside of SELLER's ownership interest.
7. ADDENDUM PROVISIONS
Any provisions in an attached Addendum to this Agreement signed by the BUYER and the
SELLER shall control any printed provisions herein in conflict therewith.
2
8. OTHER AGREEMENTS
No agreements or representations, unless incorporated in this Agreement shall be binding
upon any of the parties. No modification 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.
9. DOCUMENTS FOR CLOSING
The BUYER shall prepare the deed, and the closing statement and submit copies of the
same to SELLER's attorney, at least five (5) days prior to scheduled closing date.
10. EXPENSES
State documentary stamps, if required, and recording costs shall be paid by the BUYER.
11. PLACE OF CLOSING
Closing shall be held at the office of the SELLER or as otherwise agreed upon.
12. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement for Sale and Purchase.
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
BY
Thomas E. Lynch, Chairman
ATTEST
BY
Arthur C. Johnson, Ph.D.,
Superintendent
Board Approval Date:
Reviewed And Approved As To Legal
Form
School Board Attorney
Date:
3
. .
Signed in the presence of two witnesses
Print Name:
Print Name:
Approved for Form and
Legal Sufficiency:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
4
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # \~~ - REGULAR MEETING OF JULY 11, 2006
ORDINANCE NO. 30-06 (SECOND READING/SECOND PUBLIC HEARING)
SUBJECT:
DATE:
JULY 7, 2006
This Ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", to provide that properties in single family residential districts may only be en tided to one (1)
extension for a building permit; amending Section 4.4.3, "Single Family Residential (R-l) Districts", by
enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" and Subsection 4.4.30), ''Violations
of 4.4.3(1)", to provide for conditions and restrictions for structures that are undergoing construction and
remedies for violators.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory Council
CNAC) indicating that, with the building boom, the residents living on the barrier island have experienced
various problems with developers working in neighborhoods. The NAC agreed to look at the issue as if the
building boom and construction activity was not limited to the barrier island residents, but for residential
neighborhoods Citywide. After lengthy research, a series of workshops and meetings, and input from a local
developer it was determined that the City was lenient with respect to building construction regulations in
single family zoned districts. The NAC, with the help of the City Attorney's Office, drafted an amendment
that would address these issues. The amendment applies to construction activities which require a permit
from the City and which occur in any of the six (6) single family zoning districts.
On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request.
Several members of the public spoke in favor of the amendment but, felt the proposed penalty of 50% of the
original building permit fee was not significant enough to make a difference if there was a failure to build the
house within eighteen (18) months. They suggested that the penalty be doubled. After discussing the
amendment, the Board voted 4-0 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 the Land Development Regulations (LDR) 2.4.S(M) (Amendment to Land
Development Regulations).
At the first reading on June 6, 2006, the City Commission passed Ordinance No. 30-06; however, staff
reviewed the language under Section 4.4.3(1)(3) regarding storage sheds and modified the language to provide
that no structure, trailer, or shed shall exceed 10' x 12' in size. The change was substantive enough to require
a new first reading.
At the first reading/first public hearing on June 20, 2006, the City Commission passed the revised Ordinance
No. 30-06.
Recommend approval of Ordinance No. 30-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 30-06 Single Family Res Construction Conditions 071106
~1
[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() NW 1st ;\VENIIE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: .'ih!/2i.'"7()l)()' FACSIMILE: .'ihl/nR-47.'iS
DELRAY BEACH
F lOR I D A
Da.I:II
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
June 15, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~-~
Brian Shutt, Assistant City Attorney
SUBJECT: Revisions to Ord. 30-06
Ordinance No. 30-06 is currently scheduled for a second reading on the June 20
City Commission agenda. However, after first reading staff reviewed the language
under section 4.4.3(1)(3) regarding storage sheds and modified the language to
provide that no structure/trailer/shed shall exceed 10' x 12' in size.
The change was substantive enough in nature to require a new first reading.
Therefore, this ordinance will replace the prior Ordinance No. 30-06 and will have
the first reading first public hearing on June 20 with the second reading to occur on
July 11 , 2006.
Our office requests that this item be placed on the June 20, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
Paul Dorling, Director of Planning and Zoning
\06
ORDINANCE NO. 30-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, AMENDING SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B)(4),
"CONDITIONS OF THE PERMIT', TO PROVIDE THAT PROPERTY IN
SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED
TO ONE EXTENSION FOR A BUILDING PERMIT; AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", BY
ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION SITE
CONDITIONS/RESTRICTIONS", AND SUBSECTION 4.4.3(J),
"VIOLATIONS OF 4.4.3(1)", TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND
TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", is amended by amending Subsection 2.4.6(B)(4), "Conditions of the Permit",
to read as follows:
(4) Conditions of the Permit:
(a) The Building Official shall act upon an application for a permit with
plans as filed, or as amended, without unreasonable or unnecessary
delay. A permit issued shall be construed to be a license to proceed
with the work and shall not be construed as authority to violate, cancel,
alter or set aside any of the provisions of this code, nor shall such
issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans or in construction, or violations
of this code. Any permit issued shall become invalid (1) unless the
work authorized shall have been commenced within six months after its
issuance, or (2) if the work authorized by such permit is suspended or
abandoned for a period of six months after the time the work is
commenced.
(b) One or more extensions of time, for periods not exceeding 90 days
each, may be allowed in writing by the Chief Building Official, pursuant
to LDR Section 2.4.4(F). However. onlv one extension shall be allowed
for any permits issued for construction occurrina in a sinale familv
district as set forth in Subsection 4.4.3(A). All construction shall be
completed within 18 months of issuance of the buildina permit: unless
evidence is presented that a shortaae of materials or an Act of God has
caused the delav in which case the owner/contractor may request an
extension of time. from the Chief Buildina Official. not to exceed 6
months. In addition to the other penalties herein provided. failure to
complete construction within the time allotted or any extension thereof
shall result in a penaltv equivalent to one hundred percent of the oriainal
buildina permit fee. which shall be paid prior to the arantina of a
Certificate of Occupancy.
Section 2. That Section 4.4.3, "Single Family Residential (R-1) Districts", is
amended by enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" to
read as follows:
(I) Construction Site Conditions/Restrictions: Anv construction activity. other
than construction activity performed bv the City or its aaents and/or contractors. which
requires a permit from the City and which occurs in any of the 6 sinale familv zonina
districts listed under Subsection 4.4.3(A) shall adhere to all rules. reaulations. laws.
policies of the City and in addition shall adhere to the provisions set forth herein.
(1) Work Hours and the time that supplies/materials may be delivered shall be
Mondav throuah Fridav from 7:00 am to 6:00 pm. and Saturday from 8:00 am to 4:00
Q.!!!:.
(2) Work is prohibited on Sundays and the followina holidavs: New Year's
Dav. Memorial Dav. Julv 4th. Labor Dav. Thanksaivina Dav and Christmas Dav.
(3) A temporary trailer. buildina or storaae shed shall be allowed on site from
the time a permit is issued and until the certificate of occupancy is aranted. No more
than one of these trailers/structures/sheds shall be allowed on the site at the same time
and the size (footprint) of the trailer/structure/shed shall not exceed 10' x 12'.
(4) After submission of a construction permit application. if requested bv the
City. a silt fence shall be installed around the entire perimeter of the property and
maintained in a secure operational manner. however part of the silt fence may be
removed for site access.
(5) In the event of tropical storm or hurricane warninas the Applicant/Owner
shall empty all dumpsters. remove and/or secure all loose construction debris/materials
and port-o-Iets. and all roof tiles must be strapped or removed.
2
(6) Dumpsters shall be provided if the construction debris. and other debris on
site. is of such maqnitude that the debris cannot be maintained in a safe or orderly
manner on site. Dumpsters containinq construction debris shall be promptly emptied
when full. When full and waitinQ removal. the Applicant/Owner must cover the dumpster
in an appropriate manner to prevent trash from blowinq into neiqhborinq property.
Construction materials that are to be used on the iob site must be stored in an orderly
and neat manner or removed.
(7) To the extent feasible. provisions for storm water must be made during
construction to ensure that no water flows onto neiqhborinq properties.
(8) Portable toilets are to be placed in as unobtrusive a location as possible.
so as not to affect neiqhborinq property. and must be maintained in a neat. clean and
sanitary condition.
(9) All construction activity must be confined to the property under
construction.
(10) Construction parkinq should be on the iob site when possible. In addition.
parkinq is limited to the same side of the street as the site and confined to the property
boundaries when possible. No parkinq is permitted within 25' of any intersection. The
street must remain open for vehicular travel at all times.
(11) All deliveries to the site must be placed on the construction site only.
Third party deliveries (deliveries by anyone other than the property owner) are
prohibited on Sundays and the followinq holidays: New Year's Day. Memorial Day. July
4th. Labor Day. ThanksQivinq Day and Christmas Day.
(12) Streets adioininq the proiect must be cleaned of construction debris and
other trash and debris and dirt on a daily basis. The Applicant/Owner is responsible for
protectinq and cleaninq City drainaqe systems of construction dirt and debris. upon
request from the City.
Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", is
amended by enacting Subsection 4.4.3(J), "Violations of 4.4.3(1)" to read as follows:
(J) Violations of 4.4.3(1): The City shall have any and all leqal remedies
available to it to enforce Section 4.4.3(1). includinQ but not limited to. iniunctive relief.
issuance of a Notice to Appear. issuance of a Code Enforcement Citation. issuance of a
Stop Work Order and any other penalty herein provided in the Code of Ordinances and
the Land Development Requlations and as set forth in Section 10.99 of the Code of
Ordinances.
3
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. 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
4
~
TO:
THRU:
DAVID, ~E , CI
PAUL ~~lING, D'I'REC
OF PLANNING AND ZONING
FROM: JANET MEEKS, EDUCA N COORDINATOR
SUBJECT: MEETING OF JUNE 6; 2006
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LOR)
SECTION 2.4.6 [PROCEDURES FOR OBTAINING PERMITS AND APPROVALS] TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT, AND
AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS] BY
ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN
A SINGLE FAMILY RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE
FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory
Council indicating that with the building boom, the residents living on the barrier island have experienced
various problems with developers working in neighborhoods. The complaints focused around noisy
construction activities, deliveries made on weekends; congested and impassible streets due to
construction and employee vehicles; and unsightly conditions of construction sites. The BPQA asked if
the Neighborhood Advisory Council would help address these issues to strike a better bqlance between
the needs of the developers and the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as if the building boom andconstructioii
activity was not limited to the barrier island residents, but for residential neighborhoods Citywide. After
lengthy research and a series of wOrkshops and meetings and input from a local developer, it was
determined that the City was lenient with respect to building construction regulations in single family
zoned districts. In fact no regulations govern building site conditions or the length of time it takes to
construct a home. The Neighborhood Advisory Council with the help of the City Attorney's office drafted
an amendment that would address these issues. These amendments apply only to construction activities
which requires a permit from the City and which occurs in any of the six single family zoning districts.
Pursuant to LDR 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. Pursuant to Land
Development Regulation Section 2.4.5(M)(5), approval of an LDR 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 City initiated text amendment to the Land
Development Regulations and would be applicable citywide. The goals, objectives and policies of the
Comprehensive Plan were reviewed and there are no applicable goals. objectives or policies noted.
Additional background and a detailed analysis are 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 May 15, 2006.
Several members of the public spoke in favor of the amendment but felt the proposed penalty of 50% of
the original building permit fee was not significant enough to make a difference if there was a failure to
build the house within 18 months. They suggested that the penalty be doubled. After discussing the
amendment, the Planning and Zoning Board unanimously voted 4-0 to recommend to the City
\a~
City Commission Documentation
LOR Amendment - Construction Regulations for Single Family Zone District
Page 2
Commission approval of the proposed amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the
Permit] and add Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections
4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for structures that are under
going construction in a Single Family Residential districts with a recommendation that the proposed
penalty fee be increased to 100% of the original fee based upon positive findings with respect to LOR
Section 2.4.5(M). The proposed amendment (attached) was changed accordingly and is now before the
Commission for approval.
By motion, approve on first reading of the Ordinance amending LOR Section 2.4.6(B)(4) [Conditions of the
Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections
4.4.3(J) [Violations of 4.4.3(1)], to provide one extension for a building permit and regulating construction
site and conditionslrestrictions in the Single Family Residential zoning districts, 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 LDR Section 2.4.5(M)(5).
Attachment: Planning and Zoning Memorandum Staff Report of May 15, 2006
Proposed Ordinance No. 14-06
MEETING DATE:
AGENDA NO.:
AGENDA ITEM:
MAY 15, 2006
IV.D.
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LOR) SECTION 2.4.6 [PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS] TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT,
AND AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL CR-
1} DISTRICTS] BY ENACTING SUBSECTIONS 4.4.3(I} TO PROVIDE
FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT
ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND SECTION 4.4.3(J} TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
The item before the Board is that of making a recommendation to the City Commission
regarding a City initiated text amendment to LOR Section 2.4.6 [Procedures for obtaining
Permits and Approvals], and Subsection 2.4.6(B)(4) [Conditions of the Permit] to provide that
property in single family residential districts may only be entitled to one extension for a building
permit and amending LOR Section 4.4.3 Single Family Residential (R-1) districts by enacting
Subsections 4.4.3(1) [Construction Site Conditions/Restrictions] and Subsection 4.4.3(J)
Violations of 4.4.3(1) to provide for conditions and restrictions for structures that are under going
construction in a single family residential district and to provide for remedies if those restrictions
are violated.
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.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood
Advisory Council indicating that with the building boom. the residents living on the barrier island
have experienced various problems with developers working in neighborhoods. The complaints
focused around noisy construction activities commencing early in the morning and extending
well past dinner time; deliveries made on weekends as well as weekdays; construction vehicles
and workers vehicles parked on residential streets resulting in congestion and impassible
streets; creating private property damage and theft; construction trash; and unsightly conditions
of construction sites. The BPOA asked if the Neighborhood Advisory Council would be willing to
help address these issues to strike a better balance between the needs of the developers and
the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as the building boom and
construction activity is not just limited to the barrier island residents, but affects residential
neighborhoods Citywide. After lengthy research and a series of workShops and meetings and
Planning and Zoning Board Staff Report, May 15, 2006
LDR Text Amendment - Construction Site Conditions/Restrictions
input from a local developer, it was determined that the City was lenient with respect to building
construction regulations in single family zoned districts. In fact, the Code of Ordinances states
that construction, drilling or demolition work is allowed to occur 24 hours a day seven days a
week with decibel limits for weekends and nights. Regulating construction activity with only
decibel limits is hard to enforce. In addition, there are no regulations in place that govern
building site conditions in single family construction sites or the length of time it takes to
construct a home.
The Neighborhood Advisory Council took into consideration all of the information that they
gathered over the past months and with the help of the City Attorney's office drafted a proposed
Ordinance that would amend Section 4.4.3 "Single Family Residential Districts" by adding a
section entitled "Construction Site Conditions/Restrictions" and by adding a section that would
provide for remedies if those restrictions are violated. It should be noted that these
amendments apply only to construction activities which requires a permit from the City and
which occurs in any of the 6 single family zoning districts.
The proposed LDR text amendment is pertinent only to the Single Family Residential (R-1)
districts. Currently, single family construction permits are valid for 6 months with one or more
extension of time, each extension not to exceed 90 days. A minimal fee of $50.00 is charged for
re-activation of an expired permit. There is currently no time limit on how long you can take to
construct a single family home. The text amendment would require all construction to be
completed with 18 months of issuance of the building permit unless evidence is provided that
there was a building material shortage or Act of God, then the Chief Building Official could grant
an extension of time not to exceed 6 months. If the house is not completed in this time period, it
may result in a penalty equivalent to 50% of the original building permit fee will be assessed.
The text amendment would further amend Section 4.4.3 "Single Family Residential Districts" by
adding a section entitled "Construction Site Conditions/Restrictions". Currently, there are no
regulations that monitor the conditions of construction sites or hours of operation. The proposed
Ordinance will limit hours of operation and prohibit work on Sundays and specific holidays as
well as the limiting times of deliveries. It will regulate site conditions with respect to construction
debris; making sure that storm water is confined to the construction site so as not to flow onto
neighboring properties; restrict construction activity to be confined .to the property under
construction; and regulating construction parking to ensure that the street remains open for
vehicular travel at all times.
Most homes can be built within 18 months and with only one extension allowed, it would
eliminate prolonged construction projects. In addition, the stiff penalty would help to re-enforce
the importance of the time limitations. The proposed text amendment is similar to those found in
other municipalities and will help to strike a better balance between the needs of the developers
and the ability of residents to enjoy their homes.
LOR Section 2.4.5(M)(5) (FindiilQs): 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.
2
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
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 reviewed by the NAC (Neighborhood Advisory Council) and
the Council unanimously recommended approval of the amendments.
The City Commission reviewed the Text amendment at its workshop meeting of February 14th
and was in favor of the amendment with the addition of the building time frame which has been
incorporated into the amendment. They also requested that Gold Coast Builders Association
provide comments on the proposed Ordinance. While Gold Coast was e-mailed and faxed a
copy of the Ordinance and was contacted by phone on nUmerous occasions to obtain
comments, none were received.
Special Courtesy Notices were transmitted to the Neighborhood Advisory Council, PROD and
Presidents Council. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
Given the building boom in the City of Delray Beach, residents have experienced various
problems with developers working in neighborhoods. The major complaints focus around noise
with construction activities commencing early in the morning and extending well past dinner time
and on holidays. In addition there are no limits on times that construction deliveries can be
made. Construction and employee vehicles also create congestion and impassible residential
streets and construction sites sometimes become unsightly. Currently, there are little or no
restrictions regarding construction activities in the Single family zone districts. If approved, the
amendment will provide a better balance between the needs of the developers and the ability of
residents to enjoy their homes and improve quality of life. Based on the information provided
herein, 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
amend LOR Section 2.4.6(B)(4) [Conditions of the Permit] to provide that property in Single
Family Residential districts may only be entitled to one extension for a building permit; and
the addition of Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and
Subsections 4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for
structures that are under going construction in a Single Family Residential districts and to
provide for remedies if those restrictions are violated, 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).
3
Planning and Zoning Board Staff Report, May 1S, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
C. Move a recommendation of denial to the City Commission of the request to amend LDR
Section 2.4.6(B)(4) {Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction
Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], 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.S(M)(S).
Move a recommendation of approval to the City Commission for the text amendment to amend
LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1)
[Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], to
provide one extension for a building permit and regulating . construction site and
conditions/restrictions in the Single Family Residential zoning districts, 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)(S).
Attachments:
· Proposed Ordinance No. 30-06
· May 10, 2006 Letter from the Beach Property Owners' Association, Inc.
4
r
BEACH PROPERTY OWNERS' ASSOCIATION, INC.
Dedicated to the Preservation and.Enhancement of "Our Village by the Sea"
~\r 4-~
Mr. Paul Dorling, Director
Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Dorling:
We have reviewed and support approval of the proposed revisions to the Construction Ordinance which"
will be acted on by the Planning and Zoning Board at the May l5, 2006 meeting. Although there are
many important improvements in the proposal. we would like to highlight one element where
consideration of some strengthening should be considered - and that relates to the actions available to the
City in the event a builder exceeds the proposed time limit to complete a project (18 months).
Driving through the barrier island residential neighborhoods, three houses under construction stand out as
examples of lengthy house construction projects that have represented problems for the surrounding
neighbors (Photos attached): .
Date of
First Permit
Last
Inspection
Permit
Expired
Time Under
Construction
1127 Miramar Aug. 2003
1016 Harbor Dr. Sept. 2002
1015 Azalea Dr. Mar. 2003
.Permit reactivated February 2006.
Mar. 2004
Oct. 2003
lun.2004
Yes
No'"
Yes
33 Months
44 Months
38 Months
These houses have been under construction from 33 months to as long as 44 months and they were last
inspected in 2003 and 2004. In the case of1016 Harbor Drive, neighbors have communicated with the
City Administration on numerous occasions in an' effort to remedy construction problems but to no avaiL
This may result from the City not having the necessary tools to encourage builders to move projects to
completion in a reasonable period of time. .
The proposed ordinance does set a time limit for completion of construction but we are concemedthat the
penalty for noncompliance (50% of the original permit fee) may not be sufficient enough to encourage
timely completion. At this level, builders may simply view'the penalty as a cost of doing business and
would be willing to incur this cost if it is advantageous to them. If possible, we would like the Planning &
Zoning Board to consider recommending a more significant penalty for noncompliance with this element
of the proposed Construction Ordinance.
cc: City Commissioners
Thank you for your consideration,
--;3[) 4,vz-.~
Serving residents of the beachfront since 1967
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MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1YMANAGER~
AGENDA ITEM # , C) ~ - REGULAR MEETING OF JULY 11,2006
ORDINANCE NO. 36-06
SUBJECT:
DATE:
JULY 7, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 136,
"Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02, 'Sexual
Offenders and Predator Residence Prohibition", to provide for an additional exception to the
residence prohibition to exclude persons who were convicted of the enumerated offenses prior to
October 1, 2004 to mirror the Florida State Statutes.
At the first reading on June 20, 2006, the Commission passed Ordinance No. 36-06.
Recommend approval of Ordinance No. 36-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 3606 Amend 136,02 Sexual Offenders 071106
[ITY DF DElRRY BER[H
CITY ATTORNEY'S OFFICE
__ POLICE LEGAL ADVISOR
, ~ III!
300 \V A 1'LA1'\1'IC A VE"Jl iE . DELRA Y BEACH, FLORIDA 33444
1'ELEPH01'\E 5() 1/243- 7S2:3 . FACSIMILE 56]/243- 7S15
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
City Commission
David Harden, City Manag r
From:
Catherine M. Kozol,
Police Legal Advisor/As
Date:
June 14,2006
Re:
Ordinance No. 36-06
Amending Sexual Offenders and Sexual Predators
Chapter 136, Section 136.02
This is an ordinance which amends Sexual Offenders and Sexual
Predators Residence Prohibition to provide for an additional exception to exclude
persons who were convicted of the enumerated offenses prior to October 1, 2004
to mirror the Florida State Statutes.
Would you please place this ordinance on the June 20th Agenda for first
reading.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief J. Schroeder
Carolanne Kucmerowski, Agenda Coordinator
~
\
\~-A
ORDINANCE NO. 36-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 136,
"SEXUAL OFFENDERS AND SEXUAL PREDATORS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 136.02, "SEXUAL OFFENDERS AND
SEXUAL PREDATOR RESIDENCE PROHIBITION", TO
PROVIDE FOR AN ADDITIONAL EXCEPTION TO THE
RESIDENCE PROHIBITION TO EXCLUDE PERSONS WHO
WERE CONVICTED OF THE ENUMERATED OFFENSES
PRIOR TO OCTOBER 1, 2004; PROVIDING FOR A SAVINGS
CLAUSE, GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has determined that sexual offenders and
predators convicted of certain sexual crimes pose a real and substantial danger to children and
therefore, has provided for sexual offenders and predator residence restrictions for those
persons convicted of violations which occur on or after October 1, 2004; and,
WHEREAS, the Mayor and the City Commission to aid in enforcement, desire to
establish an effective date consistent with that of Florida State Statute 794.065 and 947.1405;
and,
Section 1. That Chapter 136, "Sexual Offenders and Sexual Predators", Section
136.02, "Sexual Offenders and Sexual Predator Residence Prohibition", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Sec. 136.02. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION
(A) It is unlawful for any person who has been convicted of a violation of F.S. Section
794.011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed upon or in the
presence of persons less than 16 years of age"), 827.071 ("Sexual performance by a child"), or
847.0145 ("Buying or selling of minors"), or similarly relates to offenses if out-of-state, regardless of
whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16)
years of age, to establish a permanent residence or temporary residence within one thousand five
hundred (1,500) feet of any school, designated public school bus stop, day care center, or park.
(B) For purposes of determining the minimum distance separation, the distance shall be
measured by following a straight line from the outer property line of the permanent residence or temporary
residence to the nearest outer property line of a school, designated public school bus stop, day care
center or park.
(C) Exceptions: A person referenced in Section 136.02 fA} 8{1} and residing within one
thousand five hund~ (1,500) feet of any school, designated public school bus stop, day care center, or
park, does not commit a violation of this section if:
(1) The person established the permanent residence prior to November 15, 2005 (the
effective date of this Ordinance No. 75-05);
(2) The person had permanent residency prior to being designated a sexual offender
or predator.
(3) The person was a minor when he/she committed the offense and was not con-
victed as an adult.
(4) The person is a minor.
(5) The school, designated public school bus stop, day care center, or park eF-within
one thousand five hundred (1,500) feet of the person's permanent residence was
opened after the person established the permanent residence.
LID The person was convicted of the crimes enumerated in 136.02(a} prior to
October 1. 2004.
Section 2. If any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, paragraph, sentence
or word or provision or its application to other persons or circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. This ordinance shall become effective immediately upon passage on
second and final reading.
2
ORD. NO. 36-06
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
First Reading on
Second Reading on
CITY OF DELRAY BEACH, FLORIDA
MAYOR
3
ORD. NO. 36-06
-"~.
C1:1
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' PLLRAY BEACH. FLORIDA 33444
TI'LEPHONE: :161/2,,1-' 7()(H,I' FACSIMILE: 561/278-475:1
Writer's Direct Line: 561/243.7090
DELRAY BEACH
F LOR I D ....
ldaI:II
All-America City
, III I! ~:TE
1993
2001
MEMORANDUM
June 8, 2006
City Commission
David 1. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
trJ)
SUBJECT: Authorization to Transfer 218 S.W. 4th Avenue to the Delray Beach
Community Land Trust, Inc.
PCN: 12-43-46-16-01-031-0090
Attached to this memorandum please find Resolution No. 28-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached please
find a Contract for the Sale and Purchase of the above-referenced property. This
property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11,2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\Q)D
RESOLUTION NO. 28-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 218
S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
218 S.W. 4th Avenue for the purposes of providing affordable housing as part of the Community
Land Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
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 Seller, hereby
agrees to transfer/sell the South 40 feet of the North 256 feet of the East 135 feet of Block 31, Map
of the Town of Linton, Florida, according to the map or plat thereof as recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida. The above being the real property described
under Tax Certificate 11650, in the tax deed recorded in Official Record Book 11980, Page 1590,
Public Records of Palm Beach County, Florida to the Delray Beach Community Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
A TrEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") 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: The South 40 feet of the North 256 feet of the East 135 feet of
Block 31, Map of the Town of Linton, Florida, according to the map or plat
thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida. The above being the real property described under Tax
Certificate 11650, in the tax deed recorded in Official Record Book 11980,
Page 1590, Public Records of Palm Beach County, Florida
Property Control No. 12-43-46-16-01-031-0090
(b) Street address, city, zip, of the Property is: 218 S.W. 4th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorneYi OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensi ve land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authoritYi restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
1
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
prov~s~ons, 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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
By:
By:
COMMUNITY LAND TRUST, INC.
CITY OF DELRAY BEACH
DE
Date
,.j C~ 12
~
Date )
LE:. if) rJSC to
Print Name:
Tax ID No.
Tax ID No. '"2.-0 - 4 (Co 2- "3 S- 'Z...
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 218 S.W. 4th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF ~ITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect Is) . If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2)requesting a refund of deposit Is) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PlJi\CR.'-!:B _llGY 1_~SllI SBSUJlI!l'Y ~_ !l'Q SI!lLL&R. A I3lirehase meRe) msrt'l"a'l"e aRa mert'l"a'l"e nete te Seller
shall I3re iae fer a 39 aa) lj"raee l3eriea iR the e.ent sf aefa~lt if a first msrt'l"a'l"e aRa a 15 aa) 'l"raee l3erisa if
seeSRa sr lesser msrt'l"a'l"e/ shall I3rs iae fer ri'l"ht ef I3rel3ayment iR .hsle sr iR l3art ..iths~t I3sRalt)/ shalll3crmit
aeeeleratisn iR e ent sf traRsfer sf the Real Prel3ert); shall reEfUire all I3risr lis" aRa eRe~lfIl9raReee ts ae "el3t iR
'l"ssa stanaiR'l" aRa fsraia msaifieatisRs sf ar f~ture aa.anees ~"asr I3risr mert'l"a'l"s (s); shall reEj"ire 8,,)sr te
maiRtain I3s1ieies sf ins"raRoe eSRtainiR'l" a staRaara msrt'l"a'l"es ela~se es eria'l" all iml3re.emsnts lssatsa SR the Resl
I?rel3ert) a'l"aiRst fire ami all l3erils iRel~aea ithin the ts"'" ooelttene!ea es.sra'l"s eRe!srSeRlSRtsOO aRe! slieh ether risks
ane! l3erils as Ssller mal reaseRaSl) reEjaire, iR an amelint sEjaal te their hi'l"hest iRs"raale .allie, aRa the msrtlj"alj"e,
Rete ana seeurit) a'l"rsemeRt shall ae ether,ise in fSfffi anel esnteRt reEjaireel a) Sellsr; a~t Seller mal snl) reEjaire
ela~ses e"stemaril) fe~Rel iR mert'l"a'l"es, mert'l"a'l"e netes, aRel sselirit) a'l"reements lj"eRarall) "tilisea a) sa.iRlj" anel
1eaR ineti t~tieRs er state er RatieRal eaRl,s leeateel iR the eSlint) \/hereiR Real Prel3ert) is leeateel. F.ll Persensl
I?rel3ert) aRa leases eeiR'l" eaR e)eel er assilj"Reel ,ill, at Seller's el3tieR, ee sliejeet te the lieR sf a see~rit)
alj"ree"'eRt e.ieleReee! B) reesre!eel fiRaReiRlj" statemeRts. If a eallaeR mertlj"slj"e, the fiRSl I3SYIfleFlt ill slteeeel ths
pefieaie ~aymeRtB tReEesR.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
9. R:RISHS. B~)er, at B~)er's eltlle"se, ..ithiR tilfle aIls, eel te e!eli er e'ie!eRee sf title anel ts eltalfliRe same, ms)
ha.e Real I?rellert) iRslleeteel e) a Fls~iela Certifiee! I?est CSRtrsl ~eratsr (OOOl3eratsr") ts eleterRline if tRere is an)
.isiele aeti.e teFffiite iRfestatisR sr isiele eHistiRlj" aamalj"e frem termite iRfeetatisR in the I?rel3ert). If sither
sr eeth are fS"Rel, B~)er lill ha.e I ela)s trem elate sf rittsn Rstiee theresf ithiR high ts ha e eest sf
treatmeRt, if reEj~irea, estimatea e) the Ol3erater anel all aalfl3lj"e inslleeteel ana estilflatee! e) a lieenseel e~ile!er sr
'l"eReral eSRtraetsr. Sellsr saall l3a) .aliel eests sf treatmSRt aRe! rellair sf all elaffiS'l"e "13 ts the amS~Rt I3re.ieleel iR
I?aralj"ral3h (a) . If estimatea essts eHeeeel that ameliRt, B~) er shall ha. e the Sl3tisR sf eaReeli"lj" this
CSRtraet ~.5 e!a)s after reeeillt sf ee"trastsr's rel3air estimate e) 'Ji.iRlj" .."itteR "stioe te Seller sr B~)er
ma) eleet te ~rseeeel "ith the traRsaetieR, anel reeei.e a ereait at elesiRlj" eR the aRlS~Rt l3"s.~elee! in I?aralj"ral3h
la). "Termites" sRall Be eleemee! ts i"elliele all ..esel elestrs)i,,'l" sr'l"aflisHlS reEjUireel ts ae rel3srteel "ne!er the
~ela Pest CeRtrsl Aet, ae ameneleB.
E. 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.
F. L&ASBS. Seller shall, RSt less thaR 1.5 e!a)s eefers elssiRlj", fli"RisR te B~)e" eSllies sf all ,rittsR leases aRe!
estslll3el letters frsm eaeh tenaRt s~eeif)i"lj" the Ratlire aRel e!~ratieR sf ths teRaRt's see"l3a"e), reRtal rates,
ae! aReee! reRt aRe! see~rit) elellssits l3aia e) teRant. If Celler ie ~RaI91e ts set aiR slieh letter ["sm eaeh teRant, the
same iflferHlatisfl shall ee f~rniaheel a) Cellsr ts BIi)e" ,ithiR that time Ilerisel iR the feFm ef a Seller's affiela.it,
ane! B~)er mal thereafter esntaet teRanta ts sSRfi"", slish iRfsrmatisR. Seller shall, at elssiRlj", e!eli eF ans assilj"n
all srilj"inal leases ts B~)er.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that 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.
H. 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.
I. ~IME: 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 to 5:00 p.m. of the next business day. ~ime is of the essence in this Contract.
5
J. DoctlMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner' 5
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges fDr the fDIIDwing related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies Df
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prDrated based on the current year's tax with due allDwance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the priDr
year' 5 tax. If there are completed improvements on Real Property by January 1st of year Df clDsing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upDn the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideratiDn available
exemptions. Any tax proration based on an estimate shall, at request Df either party, be readjusted upon receipt Df
tax bill on condition that a statement to that effect is signed at closing.
M. 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 cDmpleted as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate Df assessment for the improvement by the public bDdy.
II. InSl'BS;!I9If, J1Bl'AIR 11119 U1I.I_SS. ~alla:r \ls:r:raRta that, as af HI aa)s J9..ier te ele5iR~, the eailin~, :reef
(iReltlaiR~ tha faeeia aRa aeffite) ana eHtarie:r aAa inte..ier .:alls, fe,meatieR, aea alIa le:r a'l"LalaRt) afla
aeeJ'a~e ae Ret ha.e an) VI~IBLE EVIDENCE ef leake, .'ate:r aama~e e.. atrHetu:ral aa..s~a ami tllat the sa!'tie taRlt,
l'e61, all a!,!"liafl eas, ..eehaflieal i telOs, heatiR!,!, eeeliR!,!, eleetrieal, J91tlmBin~ S) ste..s aRa ",aehiRer) are iR ilORKIIIC
COllDITIO!1. Tha fara~siR~ arraRt) sftall ae limi tea t6 tha i tams s!"eeifiea tlflless 6thar iae pre. iElsa iR aA aeaeRa"",.
Bu)er mal' at Bu)er's e"JgeRse, hale iRaJgeetieRa maaa ef thesa itams a} a firm er iRai.iaual s!,aeialiei,,!,! in R8m_
'RspeetieRa aRa Relain~ an eeeuJ9atieRal liesRae fer aueh purJgese (if ra'!tlirea) 6r a) an a!,!,reJ9riatal) lieeRsca
fle:riaa eeRtraeter. BtI}er allall, J9rier ts BtI}er's 6DDH!,aRe} er flet less thaR 19 aa)s J9rier te elesin!,!, ,lIielle er
eeetlrs first, f'e!,ef't iR ritifl!,! te Selle.. sHeh items tftat ae Ret meet tile aBe.e staRelaras as te aefssts. 9Rless
Bu)e:r time 1) :re!"srts stleh elefeets, BtI)e:r 5ftall aa aeemea te lIa.e _ai.sa Sallar's Jar:raRties as ts aefaets fist
re!"srtea. If f'eJ9airs Sf' :ra!"laeemant are re'ltli:raa ts esm!"l} ,itll tllia Staflaara, Saller sllall eatlse them te aa maae
aRa shall J9a} HJ9 te the ameHRt J9re iaaa iR pa:ra!,!raJ911 la). Saller is Ret :re'ltlirea te mal,e :reJ9sirs ar
re!"laeemeRts sf a eesmetie RatH:re tlnless eatlsea a) a aafeetl8alle:r is :res!,sRsiale ts :reJ9air sr ra!,laea. If tile
DSSt sf stleA :re!,air e:r :re!,laeemeRt e"eeaas tile amStlRt !,rs.iaea iR l'ara~ral'A (a), BtI)e:r s:r Sallar ma} aleet te
!,a) stlell aHeess, failiR!,! .,hiell ei tlla:r J9art} ma} eaReel this Cent:raet. If seITer is HRaale ts esrreet tile aefeets
!,:rie:r ts elssiR!,!, the esst tharesf shall ae ~aia iRte eSD:rs_ at elesiR!,!. ~elle:r sllall, ~l'sn reassRaale Retiee,
!,:rs liae tltilitias se:r iea aRa aeeass ts the P:rs~a:rt} fs:r i"8~eetieAs, iRDIHaiR!,! a ,all, thretl~1I ~risr te elesi,,!,!, ts
eSRfi:rm tEat all items ef Pe:rseRal P:rs!'e..t} aEe efl the Real P:rs~e:rt) ana, suJa:ieet ts tile fsre!,!siR!,!, tE\at all
re'ltlirea :ra~ai:rs ana f'e~la"emeRts ha.e aeen maae ana tllat tha P:reJge:rt), iRDIHaiR~ atlt RSt limitea ts, la R.
sh:rtlaJaa:r} aRa J9ss1, if aR}, lias aeeA maiRtainaa iR tile eSAaitieR e"istiR!,! as af Effeeti e gate, eraiRsr) ea:r aRa
tear e.nee13teel.
S. nISK SF LQSS. If the Prs~e:rt} is aama!,!ea a) fiEe sr sthe:r eastlalt) aefe:ra elesin~ aAa eest sf reste:ratieR Elses
net e"eeaa 3~ sf the assessea al~atisR sf tile P:ra!'e..t} ss aama!,!ea, esst ef rasteratisR shall aa aR sali!,!atisR sf
tlla Salle:r aAa elesiA!,! sftall ~reeeea ~tI:rs~aRt ts the tSFHlS af Csfttraet ith restsratieR essts asers.aa at elssiR!,!,
If tAa esst sf :rastsratisft e!leeeas 3~ ef tile assessea alHatieR ef the iffiJ9:rs.emaftts ss aama!,!aa, B~}er shall Ea e
tlla e~tisA sf eitAe:r tal,in~ p:reJge:rt} as is, ts~atAe:r ,ith eitller tfta 3~ sr aA) inetl:raRee p:reeeeas pa}aala a} irttle
ef StleE lsss s.. aama~a, s:r sf eaReeliR~ CSfltraet afta reeei iA!,! reE~:rA af ae~ssitls).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recDrded upon clearance of funds. If an abstract Df
title has been furnished, evidence of title shall be continued at Buyer's expense tD show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable 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 Df not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault Df
Buyer, Buyer shall, within the 5 day period, notify Seller in writing Df the defect and Seller shall have 30 days
from date Df receipt of such notification to cure the defect. If Seller fails tD timely cure the defect, all
deposit (s) shall, upon written demand by Buyer and within 5 days after demand, be returned tD Buyer and
s imul taneously with such repayment, Buyer shall return Personalty and vacate Real Propert y and recDnvey the
Property to Seller by special warranty deed and bill Df 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 to Buyer by virtue Df warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived from institutional financing Dr refinancing, requirements Df the lending institution as to
place, time of day and procedures for closing, and fDr disbursement Df mDrtgage proceeds shall control Dver
contrary provision in this Contract. Seller shall have the right to require from the lending institutiDn a written
commitment that it will not withhDld disbursement Df mortgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
'il. BSGRQW, l'al} ese:rs' a!,!eRt ("~"I reeeLiR!,! ftlRaS sr e,!~i..aleftt is a~tAe:riEea aRa a~rees a) aeea~tanee sf
tllem ts aaJ9ssit tllem !,:rs",!,tl} , hela same iR ese:rs.' ana, stla:ieet ts elaaraftea, aisaH:rse tllem in aeee..aaeee itll
te:rms afla eSflaitieRs sf CsntraeE. Failtl:ra sf elea:raftea ef ftlRas sftall RSt eHetlSe BtI}er's !,a:rfeF",anee. If in asuat
as te A~eRt's aaties BE liaBilities ~Raer thepre~i5iefle sf teRtEaet, ~~eAt mal' at ~~eflt'3 eptisR, e6fltifl~e te
hsla tile stla:iaet matta:r sf the ese..e.l tlntil the ~a:rties lIa:rets a~rea ts its elisatlrsemaet, e:r ~Rtil a :itla~maRt sf a
es~:rt sf esm~eteRt :iurisaietisfl shall aeterHIiRa tha :ri!,!RtS sf the ~arties s:r ~~eRt mal ae~ssit .itA the ela..l, sf
the eiretlit estl:rt ha iA~ :itlrisaietisfl sf the ais!"~ta. 9J9SR nstif}iR!,! all J9a:rtias eSAee:rnaa sf stleh aetisfl, all
6
liaeilit) aFl the "a..t af lI'JeFlt ahall f..ll) te....IiFlate, euse!'t ta t"e eHtent sf aseallFltiFl'J fae aFl) iteHla !,ee.isllSl)
Eiali'.erea Silt sf sss..a . If a liseFlaeel real estate eral,e.., A'3ent .:ill eaRl!,l) lith !,rs.isisFls sf Cha!'ter C'., Lt:.,
as aRlSFlelsel. ~~) sllit sSt'SSFl Bll)e.. aFlel Selle.. "sre ~EJent ia RlaBS a "art) seea..ae sf aetiFlEJ as ~EJeFlt hsrsllAeler, sr
iFl aRr s..it . "s..siR ~'3SRt iFltsr"leaela t"e sllsjeet Rlattsr sf the ese..a", A'3eFlt shall ..eea s.. rsassnaels atts"AS)S'
fees aFlEi eaats iFle......eel it" these aRlSllFlts ts se "aiel f..aRl aAeI allt af the ese"s,eel fllFlaa a.. e~lli.aleFlt aFlEi ehar'JsEi
aAa aua..aeel as eall..t easts iFl fa,ar sf t"e !,..s.ailiFlEJ "a..t). T"s A'3SFlt shall nat ss liasle ta aR) !,art) ar "e..asFl
fa.. RliselslLs..) ts Bll)e.. a.. Cellsr af itsffis sllsjset ta t"is asa..s , "..lsss sllsh ffiiseleli eq is ellie te ..illf"l
ereaeh af CaFlt..aat a.. 'Jrsss FleEJli'3enee af A'3eFlt.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFO~CE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach,
T. CONTRACT NOT RECORDABLE; PERSONS BODND; NOTrCE: 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 attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. WARRANTrES: 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,
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC,
CITY OF DELRAY BEACH, FL
PLANNING'" ZONING DEPARTMENT
- - DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-16-01-031-0090
c/<.
.....,~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DE! RAY BEACH, FLORIDA 33444
lU..EPHONE: :16] !.)1'-7()'jO . \./\CSIMILE: :161/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F l 0 Ii: I D A
lIa.d
All-America City
" II I! DATE:
TO'
1993 .
2001
MEMORANDUM
June 8, 2006
FROM:
City Commission
David T. Harden, City Manager /GfJ
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer 1025 Mango Drive to the Delray Beach
Community Land Trust, Inc.
PCN: 12-43-46-20-16-000-0540
Attached to this memorandum please find Resolution No. 29-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\OE
RESOLUTION NO. 29-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SEll REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 1025
MANGO DRIVE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to trans fer/ sell property located at
1025 Mango Drive for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/ sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the trans fer/ sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
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 Seller, hereby
agrees to trans fer/ sell Lot 54, Sunset Park, according to the map or plat thereof as recorded in Plat
Book 12, Page 65, Public Records of Palm Beach County, Florida, to the Delray Beach Community
Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
A TrEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") 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: Lot 54, Sunset Park, according to the map or plat thereof as
recorded in Plat Book 12, Page 65, Public Records of Palm Beach County,
Florida
Property Control No. 12-43-46-20-16-000-0540
(b) Street address, city, zip, of the Property is: 1025 Mango Drive,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): _Seller shall, at Seller I s expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensi ve 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
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mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X .
By:
0<-6lot,;-
Date,
Lt2:JJlJ~8A!
CITY OF DELRAY BEACH OMMUNITY LAND TRUST, INC.
Date
Print Name:
Pri
Tax ID No.
Tax ID No. "'ZD - t.f ( to L. ~ S -z....
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 1025 Mango Drive, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller I s other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
c. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVrDENCE OF TrTLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2)requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PURSRA61il If9IlBY IfElilmSAGB/ SE~!I!Y AGlISBKIlN'l' 'PO S'~y.~ft. A l'Hrellase IIlsne) mart'Ja'Je anel mort'Ja'Je Rste ts Celler
sllall l're.iele feE a 39 ela) 'Jrase l'eriael iR the e.eRt sf elefa~lt if a first msrt~a'Je aReI a 15 ela) 'Jrase l'erieel if
seesf1e1 sr lesser msrt'J8'Je/ sl>all l're.iele fsr ri'Jht ef Ilrel'a)'l!lent iR ..p.sle sr in Ilart ,.itlls~t IleRalt)/ shall l'ermit
aeseleratisR iR e eRt sf traRsfer sf the Real Prsl'ert), shall reEfUire all Ilrisr lieR aReI eRs.......ranees ts ae I,el't iR
'Jssel staneliR'J aReI fsraiel mselifisatiens sf sr f~tlire ael.aRees ~Reler Ilrisr IIlsrt'Ja'Je(sll shall re~..ire B~)er te
maiRtaifl ~61ici~6 af iflB~LaAee ~6RtaiAiA~ a staRsaEB ffi6rt~a~ee ela~se eeweEiA~ all im~r6wcmeflts ~eeate6 OR tflE De31
prsl'e..t) a'JaiRst fire aReI all Ilerils iRsl~eleel ,ithiR the terlll "eHteneleel es.era'Je enelsrseme",ts" aReI s~eR ether risles
anel Ilerils as Seller ma) reasenael) reEfUire, in aR SIIlS..",t e~~al ts their Ri'Jl!est ins..raale al~e, aReI tile msrt'Ja'Je,
Rste aReI see~rit) a'JreemeRt sRall ae stRer ise iR fSEm anel esntent ra~..ireel a) Sellar} a..t Celler ma) eRl) reEfUire
ela~ses e..stslllaril) fe~ReI iR msrt'Ja'Jes, msrt'Ja'Je Rstes, anel sae~rit) a'Jreemef1ts 'JeRerall) ..tilireel a) sa.iA'J aAeI
lsan iRstitlitisRs sr state sr ",atieRal aaRIES leeateel iR the eS~Rt) ,herein Real Prsl'ert) is lsaateel. ~ll Perssnal
P"sl'ert) aReI leases aein'J eeR.e)eel er assi'JReel ..ill, at Seller's SIltieR, ae s~ajeet te tRe lieR sf a seeurit)
a'JEeemeRt e. ieleReeel a) reesreleel finaReiR'J statements. If a aalleeR mert'Ja'Je, the fiRal l'a)'l!lent .'ill eHeeeel tile
l'eriaelie l'aymeRts tlleresn.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
1:1. _aRS. B..)e.., at B..)e..'s e''1geRse, lithin time aIls. eel ts elelLe.. e ielenee ef title aReI ts ell_iRe same, ma)
ha.e Real P"sl'e..t) iRsIleeteel a) a Flsriel", Certifieel Pest Csnt..sl OIle..ats.. (''OJ!e..ater'') ts elete..mine if there is aA)
isiale aeti.e te..mite infestatisR s.. .isiale eHistin'J elama'Je frsm te..mite infestatisR iR the Prs~ertl' If eitRer
e.. astll are fS~ReI, BIi)e.. . ill ha e 1 ela)" frsm elate sf .,ritteR Rstiee tlleresf ,.itllin ,1Iiell ts ha.e esst sf
t..eatment, if ..e~~i..eel, estimateel a) tile Ol'erats.. anel all elama'Je insIleeteel aReI estimateel a) a lieenseel a..ilele.. ar
'JeReral eSRt..aets... Selle.. shall l'a) .aliel essts ef t..eatmeRt anel ..el'ai.. ef all aama'Je ~Il te tile amS~Rt Il"S ieleel iR
para'J..al'lI _ (a). If Bstimateel essts eHeeeel tllat ams"Rt, B~Je" shall ha.s the s~tisn sf saResliR'J this
CSRt..aet ithin 5 ela)s after reeeil't ef eeRtraete..'s ..eIlair estimate a) 'Ji.iR'J ..rittsR netiee te Seller sr B..)er
ma) eleet ts Il..eeeeel .ith the t..aRsaetisn, aReI reeei.e a ereait at elssin~ eR the ame~Rt l're.ieleel in para'JrapR
ia). "Te..mites" shall ae eleemeel ts iRel~ele all "seel elestrs)iR'J sr'JaRisms requires te ae rel'srtes "Reier tile
fleiIela Pest Cent..sl ~et, as ameReleel.
E. rNGRESS 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.
F. LSASES. Selle.. sl>all, RSt less than Ie ela)s aefel'e elssiR'J, f""Rish ts B~yer sel'ies sf all ,ritteR leases aReI
estsl'l'el lette..s frem eaeh tenaRt sl'eeif)iR'J the Rat....e aReI eI~ratisR ef the teRant's eee~paRe), rental rates,
ael aneeel rent aReI see..rit) eleIlssits Ilaiel a) tenant. If Selle.. is "Rasle te sataiR s~eh letter frsm eaeh tenant, the
same iRfeEHIatien shall ae f~"Risheel a) Seller ts B~)e.. itlliR tllat time IlBrieel in the ferm sf a Seller's affiela.it,
aAeI B_)er ma) tlle..eafte.. eeRtaet tenaf1ts te esnfirm s..eh iRfs"matisn. Selle.. shall, at clesin'J, eleli er anel assi'Jn
all eri'JiRal leases te B..)er.
G. LrENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that 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.
H, PLACE OF CLOSrNG: 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.
I. T:tMII:: 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 to 5:00 p.m. of the next business day. T~ is of the essence in this Contract.
5
J. DOCtlMEN'rS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill, on condition that a statement to that effect is signed at closing.
N. 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, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
N. INSPBS'1'IGll, REPAIR Nm Ul~n~1 Seller ..arraRts that, as af lS ela}s I'riar ta elasiR,:!, the eeilin,:!, raaf
(iRellieliR,:! the faseia aReI aaffitsl aReI e"teriar aReI iRteriar ..alIa, faliRelatiaR, aea..alls (ar eEllii aleRt) anel
elae),a':!a ela Rat ha. eaR} 'lIEISl.E E'lIBENCE af leaks, "ater eI_a':!e ar strlietliral elama,:!e aReI tRat the sel'tie tanl"
I'aal, all al'l'liaRees, ..eehaRieal items, heatiR,:!, aaalin,:!, eleatriaal, 1'1blll1l9iR,:! s;stems anel !fIaehiRer} are in llOl<KIIIC
COI19ITI9U. The fare,:!aiR,:! ,.arr"Rt} shall Be limi teel ta the i te..s sl'eeifieel liRless ather ise I'ra lieleel iR an aeleleRelbUll.
SIi}er mal' at SIi}er's elll'eRse, ha e iRsl'eetiaRs ..aele af thase items B) a firm ar ineli.iellial sl'eeialiein,:! in hame
iRal'eetians aReI haleliR,:! an aeeul'atiaRal lieeRse far sliah I'Hrl'ase (if reElHireel) ar B) an al'l'ral'riatel) lieenseel
rlariela eaRtraetar. SH)er shall, I'riar ta EH)er'S aeelil'ane} ar nat less than IS aa)s I'riar te elssiR,:!, ..hiehe.sr
aeeHrs first, rel'art in ..ritin,:! ta Seller slieA items that ela Rat ..eet the aba.e stanaaras as ta elefeets. 9Aless
SIi)er ti..el} rel'arts slieh elefeets, BH)er shall Be elee..eel ta Aa.e Jai.eel Seller's ffirrantiea as ta elefeets nst
rel'arteel. If rel'airs ar rel'laeement are reElHireel ta eaml'l) .Iith thia StaRaarel, Eeller ahall ealise the.. ta Be maele
aReI ahall I'a} iiI' ta the amaliflt I'ra ieleel in ['ara,:!ral'h (B). Seller ia Rat "e!JUireel te ..al,e rel'airs ar
!'el'laee..eAta af a eaa..etie RatHre Hnleaa eaHaeel B; a elef~eller is resl'ansiBle ta rel'air a!' !'el'laee. If th_
east af sHeh rel'air ar rel'lseemeRt e"eeeels the ""'''''Rt I'ra.ieleel iR Para':l"al'h (B), EIi)er ar Seller ..a} eleet te
I'a) slieh elleess, fsiliR,:! hieh either I'art) ms) eaneel this C"Rtraet. If seII8i is linaBle te esrreet the elefeets
I'"iar ta elasiR,:!, the east thereef shall Be I'aiel iRts esere at elesiR,:!. Eeller shall, \iI'SR reaeeRaBle Flatiee,
!,re.iae litilities ser iee aReI aeeess ta the Pral'erty far iRs!,eetiaRs, iRellieliA,:! a ,allt thrali,:!h !,rier ta elaeiR,:!, ts
_sRtir.. t..at all items ef Perssnal Pra'l'erty are aR the l<eal P.-e'l'ert) aReI, sliB:jeet te tRe fere,:!siR,:!, tRat all
reElHireel re'l'airs aR~ .-e'l'laeeffients ha e ~een maae aReI that the ['rel'ert), inellieliR,:! BHt Ret li..iteel te, la~n,
shrliaBe!') aR~ I'eel, if an}, has BeeR maintaineel iR the eaRaitien eHistiR,:! ae sf Effeeti e Bate, sreliAar) ear an~
tear eHeel'teel.
e. nzs~ OF LeSS. If the rral'ert) is aama,:!eel B) tire er ather easlialt} Befere elesiR,:! aReI east af reste"atian asee
~et Buseee 3l sf tRB assessee .al~atieR sf the rFa~eYtj Be aa~a~ea, east af Eestsratiefl ERell ee an eBli~ati6R sf
the Eeller anel elssin':l shall I'raeeeel I'lire~ant ts the teFlfts ef Centraet ith reeteratieR easts eeers ea at elesiR,:!.
If the eest af restaratisR eHeeeele 3~ sf the aseesseel alliatian et the iml'rs.emeRts se elama,:!eel, E")er shall ha.e
the el'tieR st either ta),in':l ['rel'ert} ae ie, te,:!ether iEh either the 3~ er aR) ins"raRee I'raeeeels !,a)ssle B) irtlie
ef slieh less er elama,:!e, e.- ef eaReelin,:! Cantraet aReI reeei.in,:! ret"rR ef ael'ssit(s).
P. 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 unmarketable 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 unmarketable, 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely dsmand for refund,
Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed or bill of sele. If a portion of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
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 attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
e. BSSRQIL ".n) eeere' a,:!ent ("~") reeeL iR,:! fHflaa ar eEJliLaleRt ia alitheril!eel anel a~reee B) aeeel'taRee sf
tflem te ae~esit tae~ pYem~tl}, Rsle same in eSCEB.l afla, a~6jeet te eleaIaRee, aise~Yse them iR aeeereanee itR
terms "nel eSRelitians ef Cent"aet. fail"re ef elear"Ree ef flinas shall Rat eHelise E")er's I'erferffiaflee. If iA ele~Bt
as te J~eAt's aeties BE liaeilities ~flaeE tae pIe iaieRs sf CeAtFaet, A~eAB ~a), at ~~efltls eptisA, eeRtiA~e ta
hela the eHB:jeet matter sf the cse.-a uRtil the !,arties hereta a,:!"ee ts its aisBlirsemeRt, er liRtil a :jHeI,:!ment sf a
eeHrt ef sem!,eteRt :j1i.-iselietieR sRall eletermine the ri,:!hts ef the I'arties ar A,:!ent mal ael'asit ith the elerl, sf
the eireliit ee~.-t ha in,:! :jlirieaietisn af the elisl'lite. 91'aFl netif)iFl,:! all I'arties eSRee!'nea ef s"eR aetieA, all
6
liasilit) eR E~e I'a..t af '.~eRt shall f~ll) teJ"ftliRate, enee!'t te the enteflt ef aeea"RtiR~ fa.. aR) items l'..e.ia~51J
aeli.e:rea e~t af ese:ra.. If a lieeRsea :real estate s:rel,e:r, A~eRt ..ill eem!,l) lith l'!"e.isiaRs ef C"al'te!" 175, r.8. ,
as ameRaea. ~-'J s~it set eeR Bo)e.. aRa rslls!" "e!"e A~ent is maae a I'a:rt) seea~ee ef aetiR~ as ~~eRt "e!"a~neE!", e!"
iR an) s"it he:rsiR A~eRt iRte!"!,leaes t"e susjeet matte!" ef the ese!"e.., A~eRt shall !"eee.e!" !"easeRssle atte!"RE)S'
fees aRa eests iRs.:r!"ee ..it" these ama"Rts ts se !,aie f!"em aRa e~t ef t"e ese!"e ea f.Ras a!" e~"i.alent aRa e"a!"~ee
ane a,a!"aea as ea.!"t easts iR fa e:r af t"e !,!"e.ailin~ !,a!"t). The ~~eRt shall flet se liable ta aR) !,a!"t) ar !,erseR
far misseli e:r) ta B.)e.. e!" relle:r af items s~sjeet te this ese!"e., "RIess s~eh miseeli e:r) is a~e te \illf~l
s:reaeR ef CeRt!"aet ef" ~:ress Re~li~eRea ef A~eRt.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFORMANCE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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 attorney for any party shall be as effective as if given by or to that party,
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. ~IES: 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY OF DELRA Y BEACH, Fl.
PLANNING de ZONING DEPARThtENT
-- DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-20-16-000-0540 8< 12-43-46-20-16-000-0550
'',..uK
.~
[ITY DF DELRRY BER[H
CITY ATTORNEY'S OFFICE
:!()() NW 1st AVENIT' \)!L!{i\Y BEACH, FLORIDA 33444
Tl,.LEPHONE: 56 I I.:,;;."!:,'!!) . FACSIMILE: 56l!278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR IDA
ldad
All-America City
, III I! DATE:
TO'
1993 .
2001
MEMORANDUM
June 8, 2006
City Commission
David T. Harden, City Manager
r(J7
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer 1027 Mango Drive to the Delray Beach
Community Land Trust, Inc.
PCN: 12-43-46-20-16-000-0550
Attached to this memorandum please find Resolution No. 30-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\ ()"F
RESOLUTION NO. 30-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 1027
MANGO DRIVE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Dekay Beach, Florida, desires to transfer/sell property located at
1027 Mango Drive for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Dekay Beach, Florida, to transfer/ sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Dekay Beach.
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 Dekay Beach, Florida, as Seller, hereby
agrees to transfer/ sell Lot 55, Sunset Park, according to the map or plat thereof as recorded in Plat
Book 12, Page 65, Public Records of Palm Beach County, Florida, to the Dekay Beach Community
Land Trust, Inc.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase
and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
A TrEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., {"Buyer"}, 20 North Swinton Avenue, Delray
Beach, Florida 33444 {Phone: 561-276-8640}, hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property {collectively "Property"} upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard{s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract").
I. pESCRIPTION:
{a} Legal description of the Real Property located in Palm Beach County,
Florida: Lot 55, Sunset Park, according to the map or plat thereof as
recorded in Plat Book 12, Page 65, Public Records of Palm Beach County,
Florida
Property Control No. 12-43-46-20-16-000-0550
(b) Street address, city, zip, of the Property is: 1027 Mango Drive,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit{s} will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, {CHECK ONLY ONE}: _Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty {120} calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
1
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X .
CITY OF DELRAY BEACH
DE
COMMUNITY LAND TRUST, INC.
By:
Co/~(o(.,
Datfl
~ L~ \;'1 ~ 5 C f\....J
Date
...j.D ,.,j
Print Name:
Tax ID No.
Tax ID No. 20 - q I Ce ~ 3 S' '"2-
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 1027 Mango Drive, Delray Beach, Florida
XI. SPECIAL CLAUSES~ ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer'S
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TI~: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm lif not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defectlsl render title unmarketable, Seller will have 30 days from receipt of notice to remove the defectlsl,
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (11 extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PURG~E I~Y I~WGASB/ SESURZTX ~~ WS SELLBR. ~ ~~rehase mene) mert~a~e aAa mert~a~e Aete te ~eller
shall ~re iae fer a 39 aa) ~raee ~eriea iA the e ent ef aefa~lt if a first mert~a~e ana a l~ aa) ~raee ~eriea if
seeeAa er leeser mart~a~el sAall ~re,iae fer ri~ht ef ~re~ayment in hele er in ~art ..ithe~t ~enalt)1 shall ~ermit
aeeeleratieA in e. ant ef tranefer af the Real I're~ert) I ehall re'!1lire all ~rier liefl aAa eA""",lnSAeee te ae I'e~t iA
~eea stanaifl~ aRa feraia meaifiestieRs ef er f~t~ra aa.aAees ~flaer ~rier mert~a~e (s) / ehall re~"ire B~)er te
"'BiAtaiA ~elieiee ef iAs~raAea eentainiA~ a stanaara "'ert~a~ee ela~se ee.erifl~ all im~re.ements leeated eA the Real
rre~ert) a~aiRst fire ana all ~erils iRel~dea .li thin tRe teHll "elEteRdea ee. era~e eflaersemsAts" aAa s~eh etp,er risl,s
aAd ~erile as ~eller ma) reaseAaali re~~ire, iA an eme~nt e~al te their Ri~Rast insHraale al~e/ ana the mert~a~e,
Aete ana see~rit) a~reement sRall ae ether ise in ferm aAa eeRtaRt re~irea a) ~ellerl a~t 8aller ma) enl, re'!1lire
cla~ses e~ete"'aril) feHRa iR mert~a~ee, mert~a~e netee, ana see~rit) a~reemants ~enerall) "tilieea 5) sa.in~ aAa
lean instit~tiefls er state ar natianal aanks laeatea iR tRe ee~nt) ,herein Real I're~ert) is lecated. All I'erseflal
Pre~ert) ana leases aein~ een e)ea er assi~nea ill, at @eller's e~tien, ae s..ajeet te the lien af a ses..rit)
a~reemeRt e.iaeneea e) reearaed fiRanein~ statements. If a aalleen mart~a~e, the final ~a)ffllent ill elEeeea the
~erieaie ~aymeRts thereen.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect,
9. Hl1IG:RS I BH) er, at BOl) er' s e'EJ'ense, \.i thin time alle.led ts aeli er e. iaeAee sf title ana te elEamiAe same, ma)
hs.e Real I're~erti ine~eetea a) a Fleriaa Certified I'est Centrel 9flerater 1"9flerater") te aetermine if tfiere is aAY
.isiele aeti e termite infestatiefl sr ,isi51e elEistiR~ aama~e frem termite infestatien in the Pre~ert). If either
er aeth alOe fe~Ra, BOl)er till ha.e 1 aa)S frem aate ef ,ritteR netiee thereef . ithiEl hie" te lis e eest ef
treatmeflt, if re~..irea, estimated S) the O~erater and all aama~e iAs~eetea ana estimatea a) a lieenesd a..ilaer er
~sAeral eeAtraeter. 8eller shall ~a) ,alia eests ef treatment ana re~air ef all asma~e ~~ te the ameOlnt ~re.idea iA
I'ara~ra~h la). If estimatea essts elEesea t"at ame~nt, BOller sfiall fia.e the e~tien sf eaflesliA~ this
CSfltrast r~~ aais after reeei~t ef esntraeter's re~ai" estimate a) ~i iR~ .irittefl Rstiee te @eller er Bo)er
ma) eleet te ~reeeea rith the traRsaatien, aAd reeei.e a eredit at elesiR~ eR the ameoAt ~re iasa iA I'ara~ra~h
la). "Termites' shall ae aeemea te inelOlae all ,eea destre)iR~ er~aflisffis re~..irea te ae re~ertea ..nder the
rIBiIda Pest Cefltrel ~et, as ameflaea.
E. INGllESS 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,
F. LEASES. Seller shall, Ret less tRa.. 15 aa)s eefers elesiR~, fOlrnisfi te B~)er es~ies ef all ,ritten leases aAa
este~~el letters frem easR tenaAt s~eeif)iA~ tfie Aat..re aRa d~ratieA ef the tenaRt's eee~~afle), rental rates,
aa aneea rent aAa seeHrit) ae~esits ~aia a, teRant. If 8elle" is Hnasle te eatain sHeh letter frem eaeh teAaRt, the
same iflfermatiefl shall ae f~rnished a) Seller te BH)er 1ithiR tfiat time ~eriea iEl the ferm ef a 8eller's affiaa.it.
aAa B~)er ma, thereafter eSAtaet teAaRts te eenfirm sHeh iAfeEmatien. ~eller shall, at elesiR~, aeli er aEld assi~R
all eri~iflal leases te B~)er.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors.
suppliers and msterialmen and further affirming that 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.
H. 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.
I. 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 to 5:00 p.m. of the next business day. T~e is o~ the essence in this Contract.
5
J. DOCUMEN'l'S FOR CLOSmG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K, EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATXONS; CREDXTS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prDrated through day befDre closing. Buyer shall have the optiDn of taking Dver any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior tD closing Dr occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. EscrDW deposits held by mDrtgagee will be
credited to Seller. Taxes shall be prDrated based on the current year's tax with due allowance made for maximum
allDwable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is nDt available, then taxes will be prDrated Dn the prior
year's tax. If there are completed improvements on Real Property by January 1st Df year of clDsing, which
improvements were nDt in existence on January 1st of the prior year, then taxes shall be prDrated based upon the
prior year's millage and at an equitable assessment tD be agreed upDn between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideratiDn available
exemptiDns. Any tax proration based on an estimate shall, at request Df either party, be readjusted upon receipt of
tax bill on condition that a statement tD that effect is signed at closing.
M. SPECrAL ASSESSMENT LXENS: Certified, cDnfirmed and ratified special assessment liens as Df date Df clDsing
(not as of Effective Datel are to be paid by Seller. Pending liens as of date of clDsing shall be assumed by
Buyer. If the improvement has been substantially cDmpleted as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at clDsing, be charged an amount equal to the last
estimate Df assessment for the improvement by the public body.
tl. XUSI'ECWletl, flEPAIR;um !11U:N'lENllNSE. ~elle" a""aRts that, as ef 19 as)s p"ie" ts elssiRlj, tRe eeiliRIj, reef
(iRel~aiRIj tRe fsseia aRa seffits) ana ellterier ana iRteriar .Ialls, feblRaatien, s8a..alls (er eEj~i.a18nt) aRa
aes)'SIj8 ole net Ra 8 an) "ISIBJ,E EVIDENCE ef leal,s, ..ater aamelje e" st"~et~ral aamalje aRa that tRe sej9tie taRll,
!,eel, all applianees, meehanieal items, Reatinlj, eselinlj, eleetrieal, pl....usiRIj S)st8lf1S ana ffiaeRiRer) are in llCJRKIIIC
CCJl19ITI9lJ. The fe"eljeinlj ..ar"ant) shall Be limitea te the items s!,eeifiea ~Rless etRey. ise pre.iaea in an aaaeAa~ll\.
B~)er ma), at B~)e"'s ellpense, ha e inspeetieRs maae ef tRese items B) a firm e.. iRai.ia~al speeialiEiRIj iR RSffie
ins!'eetisns ana RelaiRIj an ees~patieRal liaeRee fer 5~eh p~y!,ese lif reEj~ireal ar B) aR a!'!'rs!'riatel) lieeRsea
,leriaa aeRtraatey. B~)er sRall, prier ta BbI)e,,'s aaa~pana) ar Rat less tRaR 19 aa)S !,riar te elasiRIj, ..Riehe.er
aeablrs first, repart iR ,,,itiRIj ts Eells" s~aR items that ae nat meet tRe aBs e staRae"as as ts aefeets. gnless
B~) e" timel) ..eperts s~eR aefeats, B~) e" shell Be aeemea ts ha. e ai ea Seller' 5 ..arranties as te aefeats Ret
repsrtea. If repairs e" replaaemeRt are reEjuirea te eemj91) ..ith tRis Ctanaa"a, Seller sRall Bablse tRem te Be ",aae
aAa shall !,a) ~!' te tp.e ame~Rt !,ra, iaea iR Paraljr8j9R IB I. Celler is Ret reEj~irea te m81,e "epairs er
rej91aee",eRts ef a aesmetie nat~re ~Rless ea~sea B) a aefeetlfeller is resjgensiele te rej9air er "e!,laee. If tRe
sest ef e~sR re'j9air er rej91aeemeRt elleeeels the 8ffie~Rt !,re.iaea in Paraljra!,R (BI, B",)er er ~eller ma) eleet te
!,a) s~eh elleess, failinlj hieh either j9art) ma) eaR eel tRis CeAtraet. If ~eIIei is ~Raele te eerreet tRe aefeets
j9rier te elesiRIj, the eest tRe"eef sRall ee j9aia iRte esere I at elesiRIj. Celler shall, ~j9SR reasaRaele Rstiee,
!,rs iae ~tilities ser.iee aRe aeeess te the Prepert} fe" iElsI'eetisns, iRel~ainlj a ..all, tRrSb1IjR j9rier ts elssiRIj, te
ssnfir", tRat all items sf PeEssRal Prejgert) are SR tae Fleal Prsjge"t) aRa, sblejeat te the fsreljsifl~, taat all
re"l~irea Eej9ai"s ana rej9laeemeRts aa.e eeen !!laae aEla taat the Prepe"t), iRel~aiRIj eblt net limitea ts, la R,
ahr~eBer) aRa pasl, if aR), has eesR maiRtainea iR tRe eSRaitisR e"istinlj as af Effesti.e gats, sraifla,,} 'ear ana
tear elteej9tea.
a. nzCK SF LGSC. If the Prepe"t) is aamaljea B) fire sr sther eas~alt) eefare slssiRIj aAa esst sf restaratisR ases
nst elteeea 3~ af the assessea al~atisR sf tae Prs!,ert) ss aamaljea, eest sf reste"atieR sRall ee aR eeliljatieR sf
the Eeller aRa elssiR~ shall j9rseeea p~rs~aRt ts the teEms sf CSRtraet ..ith restaratisR assts ese"s lea at elesifllj.
If tRe eest af "estsratieR e"eeeas 3~ sf the aseessea .alblatisR ef the imj9"s emeRts sa eamaljsa, B~)er shall ha.s
tRe s!,Eisn af eitRer taldfllj Prs!,ert) as is, tSljetaer ..itR sitRer tae 3~ s" an) i"s~raRee !,raeeeas !,a)aele B) .irtb1e
af sueh lass er aamalje, sr ef eafleeliRIj CSRtraet ana reeei.inlj "etbl"R af ae!,ssit(s).
P. PROCEEDS OF SALE; CLOSXNG 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, withDut
any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All
closing proceeds shall be held in escrDW by Seller's attorney or other mutually acceptable escrow agent for a
periDd Df not more than 5 days after closing date. If Seller's title is rendered unmarketable, thrDugh nD 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 nDtification to cure the defect. If Seller fails tD timely cure the defect, all
depDsit (s) shall, upDn written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real PrDperty and reconvey the
Property to 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 tD any intervening defect except as may be
available to Buyer by virtue Df warranties contained in the deed or bill Df sale. If a portiDn of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
place, time Df day and procedures fDr closing, and fDr disbursement Df mortgage prDceeds shall contrDl Dver
contrary provision in this CDntract. Seller shall have the right tD require frDm the lending institutiDn a written
commitment that it will nDt withhDld disbursement of mDrtgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing prDcedure required by this Standard may be waived if title agent insures
adverse matters pursuant tD SectiDn 627.7841, F.S., as amended.
2. Bs~~r. ~) ess"e sljent In~nl reesi iRIj f~nas sr eEfUi aleElt is ablthsrieea aRa aljrsss 8) aeee!'taRee ef
tAEffi cB aE~8si~ tHem ~~Bm~tl), Hala saffle in eseE8 laRa, sHsjeet La eleaEaR6e, aisE~Lse tfiEm iR aeeeraaflee itfi
teEms aRB e8Aaiti6~S af CSAtraet. Fail~re af elearaaee af f~flas sfiall Rat eHe~se B~)eE'S ~EEfe_ffiaAee. If iF a6~Bt
as te A~cnt's a~ties SE liaeilities ~~aer tfiB ~Ee isieRs af CSAtEaet, ~geAt mai, at ~~e~t's e~ti6A, eSAtiR~e te
hala tRe s~Bjeet matter ef the esersl ~Rtil tae j9arties aerets aljree te its aise~rscffieRt, sr b1ntil a j"8~eRt sf a
es~"t sf eamjgeteRt j~risaietisn s~all aetermine tRe riljhts af tae parties sr PljeRt ma) ae!'ssit lith tRe elerJ, ef
the eire~it es~yt Ra inlj jblrisaietisfl ef the aisj9~te. gj9SR netif)iRIj all parties eSfleerflea af s~eR aetiaR, all
6
liaeilit) eA the J'a..t ef Alj"eAt shall filII) terminate, eHeeJ't te the eHteAt ef aeeellRtiAlj" fer aR) items J'..e.isllSl)
Beli.erea ellt sf esere . If a lieensea real estate Breller, Alj"eRt ill esmJ'l) ith J're.isieAs ef ChaJ'ter 1:., r,s"
as aRlenaea. ]',..) e..i t Bet-IeeA Bll) er ane! Seller ..here Alj"eRt is Rlaae a J'art) Beeallse ef aetinlj" as l'.lj"ent ;,ere"Aaer, sr
iA aA) sllit "hereiA Alj"eRt interJ'leaas the sllejest matter ef the eeere , Alj"eAt shall ress.er reassAaele atterAe)S'
fees aRa eests iRs..rrea ..ith these amSllAts te Be J'aia frsm aRa s"t sf the es~re ea fllRaS er e~"i,alent ana eharlj"ee!
ana a,araea as eellrt sests iR fa.er ef the J're ailiRlj" J'art). The Alj"BRt shall nst Be liaBle te an) J'art) er J'erssn
fer misaeli er) te B,,)er sr Eeller sf items sllBjeet ts this eeers,., llnless 5"~h misaelLer) is elle te Jill fill
ereaeh sf CeAt..aet er lj"rsss ABlj"lilj"enee ef Alj"eAt.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF P&RFO~CE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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 attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY OF DELRA Y BEACH, FL
PLANNING .!c ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-20-16-000-0540 8< 12-43-46-20-16-000-0550
Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
June 8, 2006
TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer Property Located on S.W. 2nd Street to the
Delray Beach Community Land Trust, Inc.
PCN: 12-43-46-17-07-038-0010
Attached to this memorandum please find Resolution No. 31-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\ () c;,
fJ1
RESOLUTION NO. 31-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SEll REAL PROPERTY IN THE CITY OF
DELRA Y BEACH WHICH PROPERTY IS LOCA TED AT S.W.
2ND STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
S.W. 2nd Street for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid property
taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
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 Seller, hereby
agrees to transfer/sell Lot 1, Block 38, resubdivision of south half (1/2) of Block 38 and subdivision
of north half (1/2) of Block 39, Town of Linton, according to the map or plat thereof as recorded in
Plat Book 11, Page(s) 34, Public Records of Palm Beach County, Florida, to the Delray Beach
Community Land Trust, Inc.
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 Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
, 2006.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s}") 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: Lot 1, Block 38, Resubdivision of South Half (1/2) of Block 38
and Subdivision of North Half (1/2) of Block 39, Town of Linton, according
to the map or plat thereof as recorded in Plat Book 11, Page(s) 34, Public
Records of Palm Beach County, Florida
Property Control No. 12-43-46-17-07-038-0010
(b) Street address, city, zip, of the Property is: S. W . 2nd Street,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s} will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer'S attorney; OR ~Buyer shall at Buyer'S expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensi ve 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
1
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
Date
COMMUNITY LAND TRUST, INC.
CITY OF DELRAY BEACH
DE
Print Name:
~o~ 12.
<;J <( I Oc....
Date
LtJ),Js 0;>
By:
Tax ID No.
Tax ID No. 2Q - Y I Co::i G, "> S- '2-
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: S.W. 2nd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
,A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm lif not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may t~
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject LO
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect Is) . If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defectls),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit Is) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PURS~ J~Y tIQRWGAGB/ SBSURI~Y ~~ we SBLLBn. ~ ~H~ehase meRe) me~t~a~e aRa me~t~a~e Rete te 8eller
ehall ~~e.iae fe~ a 39 aa) ~~aee ~e~iea iR tRe e.eRt ef aefaHlt if a fi~et me~t~a~e a~a a 1. aa) ~~aee ~e~iea if
seeeRa e~ lesser mert~a~e/ shall ~~e.iae fer ~i~ht ef ~~e~aymeRt iR IRele e~ iR ~a~t itheHt ~eRalt)/ shall ~eFmit
aeeele~atieR 1R e eRt ef traftsfe~ ef the Real Pre~e~t), shall ~e~i~e all ~rier lien aRa eRsHffiB~aneea te ae Jle~t iA
~eea stanaiR~ aRa feraia meaifieatieRs ef e~ fHtH~e aa.aRees HRaer ~rie~ Iftert~a~e (s) 1 shall relj'",ire Bu)er te
maintaiR ~elieiee ef iRsH~aRee eentaiRin~ a staneara me~t~a~ee elaHse ee.e~iR~ all i~~e.ements leeatea en the Real
r~e~ert) a~ainst fi~e aRa all ~erils iRslHaea .ithiR the teE'lll "ellteRaea se.era~e eResrsements" ana sHeh ether risJ.s
ana ~e~ils as Eelle~ Ifta) reaesRaal) re~ire, iR aR alftSHRt elj'Ual te their hi~hest iRaH~aale .alHe, ana the Iftert~a~e,
Aete aRa seeH~it) a~~eement shall ae ethe~ iee iR fe~1ft ana eeRteRt ~elj'uirea a) 8elle~r aut 8elle~ mal en 1) relj'b1ire
elablses e.stema~il) feHRa iR Ifte~t~a~ea, Ifte~t~a~e Rstes, ana see"rit) a~~eemeRts ~eRerall) b1tilieea a) ea.iR~ aRa
leaR inetit.tiene er state er RatieRal aanlls leeatea iR the eeHnt) he~eiR Real rre~ert) is leeatea. hll Persenal
Pre~ert) aRa leases aein~ eeR.e)ea er assi~nea ,ill, at Eeller's s~tieR, ae suajeet te the lieR sf a seeHrit)
a~reeRlent e iaeneea a) reesraea fiRanein~ statemeAts. If a salleen Ifte~t~a~e, the fiRal ~a)meRt ill eueeea tF.e
~erieaie ~ayments thereeR.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
:So ~lmUl'l'BSI BH)er, at EH)er'S e'~eAse, lithiR tilfte alle laa ts aelLer e,iaanee ef title sna te eHamiRe same, mal
ha.e Real Pre~ert) ifls~eatea a) a rleriaa Certifiaa Past CeRtral O~e~ater ("9J3erate~"J te aete..miRe if there is a1'l)
.isisle aati e te!'mite iRfeetatieR ar 'isial" euietiR~ eama~e frelft termite infestatisn iR tRe rre~e~t). If either
eT aeth are feHRa, E.)e~ ill he.e 1 aa)s frem aate ef ..ritteR Retiee thereef ,ithiA hieh te ha e aest Ef
tTeatlftant, if relj'Hirea, estimatea B) the ~e~ater aRa all aama~e iRe~eetea aRa estimatea ay a liBensea aHilser ar
~eReral eentraeter. Eeller sRall ~a) alia cests ef t~eatlfteRt aAa re~air ef all aalfta~e u~ te the affiS"Rt ~re.iaea in
['aTa~Ta~h la). If estimatea eests eueeea that alfteHRt, BH)er shall ha e the s~tieR ef eaAeeliR~ this
CeRtraet ~. aa)s afte~ ~eeei~t af eeRtraeter's re~air estilftate a) ~i.in~ ritteR Retiee te 8eller er B")er
ma) eleet te ~reeeea ith the traRsaetieR, aRa ~eeei e a e~eeit at elesiR~ eR the ame.nt ~rs.iaea iR ['ara~rafR
la). "Terlftites" shall ae aeelftea te inelblae all 'eaa aest~s)iR~ ar~al'lisms relj'llirea te ae re~ertea "Rae~ th_
fIeiIea Pest Centrel }et, as amenaee.
E. 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.
1'. 1d!:lr.SBS. Eeller shsll, Ret less thaR 15 aa)s eefs~e elesiR~, fHrnish te BH)e~ ee~ies ef all ..ritteR leasas aRa
este~~el lBtte~s frem eaeh teflaRt s~eeif)iR~ the natH~e aRs aHratieR Bf the tenaAt's esaH~aRe), reRtal ~ate5,
aa.aReea reRt aRa seeH~it) ae~esits ~aia a) teRaRt. If Seller is Hnaale te eataiR sHeh letter frsm eaah tenaRt, H.e
same iAfe!'matieR shall ae fblrflisRea ey 8eller te BH)er ..ithin that time ~e~iea iR the fa!'m ef a SEller's affiaa it,
aRa BbI)e~ ma) thereafter aeRtaet teRaRts te eeAfiFffi sueh infeFffietien. Selle~ shall, at elasifl~, ael~ er ana assi~R
all eri~iRal leases te Be)er.
G. L:tENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that 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.
H. 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.
I. 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 legel
holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
5
J. DoctlMENTS FOR CLOSmG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording cor recti ve instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording cf
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies rf
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prier
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration availablL
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPECXAL ASSESSMENT LrENS: Certified, confirmed and ratified special assessment liens as of date of closing
Inot 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, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
N. INSPE~ION, nBPAIR ~m I~ISB. ~elle~ wa~~ants taat, as ef Ie ea)S ~~ie~ te elesia~, tae eeilia~, ~eef
(iPlel~eiR~ tae faseia aRe seffits) aRe elEte~ie~ aRel iRte~ie~ .ralls, feliReatien, sea.lalls (e~ eEl~i.aleRt) a..el
elsel'a~a es Rat p.a a a..) VISIBLE E"I9EIlCE ef leal,s, ate~ elama~e ar st~~et~~al dama~e a..e taat tae se~tie taA",
~ssl, all a~~liaRees, meehanieal iteRls, heati..~, sselin~, eleet~ieal, ~lWf\Bin~ s)stems "..el Hlaeai..er) are i.. ilClRKII1C
COlIOITIOII. Tae fsre~ei..~ ,.a~~aRty shall ae limiteel te the items s~eeifieel "".less ethe~ lise ~~e. ieleel ia aPl aelele..el~m.
B~iez ffiay, at B~)CLI5 eHpeRse, ha.e iflspeeti6R5 maae af these items B) a firm BY iAai iaual 8peeialiBiR~ ifl fleme
if\s~eetiaRs aPlel hsleliR~ aR eee"~atisRal liee..se fe~ s"eh ~~r~ese (if reEl~i~eel) er a) an a~~rspriatel) liee..sra
Flsriela es..t~aete~. B~)e~ saall, ~~ier te B,,)er's seeli~ane) e~ ..et less than Ie ea)S ~~ie~ te elesiPl~, .hiehe.er
eSSHrs fi~st, ~e~e~t i.. .lritin~ te Selle~ s~eh items that ela ..at meet the aas.e StaRearelS as te aefests. Unless
Bd}er timel) ~e~e~ts s~ea eefeets, BIi)er saall Be eeeRlee ts ha.e ~ai.ee Selle~'s _a~~a..ties as te eefests ..st
re~ertea. If ~e~ai~s e~ ~e~laeemeflt a~e Fe~i~ea ts eeRl~ly ,.ita this ~tanea~el, ~elle~ shall eause them te ae Rleele
aflel shall ~a) ~~ ts the aRle~Rt ~~e?ieleel iR Fa~a~~a~h (B). Selle~ is net ~eEllii~eel te mal,e re"ai~B sr
re~laeeme..ts ef a eesmetie flat"~e ~..leBs sa~see B) a aefeetiSelle~ is ~es~sflsiale ts ~e~ai~ er re~laee. If tee
ees~ sf stosh ~e~ai~ e~ ~e~laseRlent eJ[SeeeB tae ame"Rt ~~e ieee in Pa~a~~a~h la), BIi)e~ e~ Seller ma) eleet te
~a) Blish elleess, faili..~ ,hish eitae~ ~art) Hla) saneel tais Ceflt~aet. If seITer is unable te e6~reet the eefeets
~rie~ te elesiPl~, the eest tae~eef saall ae ~aie i..te asers at elesip~. Selle~ shall, Ii~efl ~easenaale ..etiee,
~~e.iele ~tilities se~.ise a..el aeeess te the P~e~e~t) fe~ ins~eetie..s, i..sl~aifl~ a .all, thre~~h ~~ie~ te elesi..~, te
eenfi~m taat all iteRlB ef Pe~se..al P~e~ert) a~e ePl the Real P~e~e~t) a..a, sliajeet te the fe~e~eif\~, taat all
reEl~i~eel ~e~airs aRe ~e~laeeme..ts aa.e Been maae a..el taat the P~e~e~t), i..sl~ai..~ aut Aet limitee ts, la fl,
shrtosser) aAa ~eel, if a..), has heea mai..taineel iPl the ee..elitis.. el,istin~ as ef Effeeti.e gate, erelinar) ear ara
t ea~ ellee~teel.
s. ~s~ OF LQSS. If the Pre~e~ty is eama~eel B) fi~e e~ etaer sas~alt) aefe~e elesi..~ a..el ssst ef rester-atie.. eees
net alleaael 3' ef ~he assessee .altoatieR ef tae P~e~e~t) ss aaffia~ea, esst ef ~eeteratie.. shall ae a.. ehli~atien sf
the ~eller aael elesin~ shall ~~eeeee ~~rstoa..t te the terms ef Ceat~aet .rita ~este~atiea sests esere.sel at elesi..~.
If ~hs eest ef ~este~atiefl eJ[eeeas 3' ef the assesseel al..atiefl ef the i~Ee.eRleRts se eaHla~ea, BIi)eF shall ha.e
t"e e~tien ef eithe~ taltiR~ Pre~e~t) as is, te~etp.e~ ith either the 3~ er aA) i"sli~a..ee ~~eeeeels ~a)alele B) i~t..e
ef stoeh less eF elama~e, eE ef eaReeliPl~ Ce..t~aet a..el ~eeei i..~ ~et~r.. ef ae~esitls) ,
P. 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 unmarketable 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 unmarketable, 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to 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 to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
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 attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
i. ESCRGW. Afi) esers. a~eRt (.~.) ~eeei in~ f~Rels e~ eEl"i ale..t is Blitherisee aRel a~rees Ie) aeee~taRee ef
them ts ee~ssit taem ~~em~tl), hele same in ese~e aRa, StoBjeet te elearaRee, elisa"~se theRl iPl aeee~aaPlee ith
teEms aRB C6AaitisAS sf Csntraet. fail~Ee sf eleaEaAee af f~Aas sAall flat eneuse Bu)cr's ~e~feEffiaflee. If iR ae~Et
as ta ~~ePlt's e"ties e~ liaBilities ~..ele~ the ,,~e isie..s sf Ce..t~aet, A~ent mal, at A~ent's e~tie.., ea..ti....e ts
helel the s~ajeet matter af tae esc~e ~..til the ~aEties herete a~~ee te its aishursement, er ~Atil a jtoel~ffie..t ef a
ee..~t ef eem~eteRt j~risaietieR ahall elete~R1ine tae ~i~hts ef tae ~a~ties s~ ~~ePlt ma) ae~esit ita the elerl, sf
the si~s..it ee"rt aa.in~ j"riselietie.. ef the ais~..te. g~sn ..etif)i..~ all ~arties ee..ee~Pleel sf s~eh astisPl, all
6
liasilit~ sn tRe "art sf A~eRt sRall f..ll~ ter",iRate, eHee"t ts tRe eHteRt sf aeea"Rtifl~ far afl) ite",s "re is"sl~
sell-erea a..t sf esera . If a lieeflsea real estate ;,ral,er, }\~eflt ..ill ea",,,l) ..itR I're.isiaAs ef CRa"ter 175, LE, ,
as a"'eAaea. ~~~ s..it set leen B..~er afla Celler ..Rere A~ent is ",aae a "art~ seea..se ef aetiR~ as ~~ent Rere...aer, sr
iA aA) s..it herein ~~eflt iflterl'leaas the s..ejeet matter ef the eeere , P~eRt shall reee.er reaseRasle atterne)s'
fees afla eeets inab1rrea ith tRese a",s"flts te se "aia frem aRa e..t sf tRS esere.,ea f..flas er e'l:..i .aleAt aRa eRar~ea
aRa a araea as eeb1rt eests iR fa.er sf the l're.ailifl~ !,art). The A~eflt sRall net Be liaBle ta a~) "art) er !,eraeA
fer miaaeli.er~ te B..~er er Celler sf items sb1sjeet te this esers., "RIess s..oh ",isaeli er~ is a..e te illf..l
ereaeR ef CSAtraet er gress ne~li~eflee ef A~eflt,
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F,S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. ~LURE OF PERFO~CE: Except as provided in Paragraph XII, 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(sJ 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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 attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. ~IES: 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.
7
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PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
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PCN: 12-43-46- 17-07-038-0010
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Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
June 8, 2006
TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer Property Located on N.W. 8th Avenue to
the Delray Beach Community Land Trust, Inc.
PCN: 12-43-46-17-25-002-0210
Attached to this memorandum please find Resolution No. 32-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\ 0\-\
RESOLUTION NO. 32-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT N.W.
8TH A VENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRAY BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Dekay Beach, Florida, desires to transfer/ sell property located at
N.W. 8th Avenue for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Dekay Beach, Florida, to trans fer/ sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the trans fer/ sale of the property
described above will promote the general welfare of the residents of the Dekay Beach.
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 Dekay Beach, Florida, as Seller, hereby
agrees to transfer/sell Lot 11, Block B, Tourist Nook, according to the map or plat thereof as
recorded in Plat Book 11, Page 47, Public Records of Palm Beach County, Florida, to the Dekay
Beach Community Land Trust, Inc.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase
and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") 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: Lot 1, Block B, Tourist Nook, according to the map or plat
thereof as recorded in Plat Book II, Page 47, Public Records of Palm Beach
County, Florida
Property Control No. 12-43-46-17-25-002-0210
(b) Street address, city, zip, of the Property is: N.W. 8th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): _Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
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mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
CITY OF DELRAY BEACH
DE
COMMUNITY LAND TRUST, INC.
Date
G. ,<?' 0 (.,.
l_ DateJ
.Ju.'\J 'g, LEI, ,;)S~,
By:
Print Name:
Tax ID No.
Tax ID No. "'2-c - 41 ~?- 3 S"2-
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: N.W. 8th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer'S
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
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the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm [if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
rlorida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The rlorida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s}. If the
defect[s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2}requesting a refund of deposit (sl paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PURSHl>SE UGNBY ItSRlPSl>GB 1 SB~n 1IQIEEI1l!al'J! '1'S Sl!:u.BIl. P. !,llrehass meRe, mert"la"le a" eI mert"la"le Rete te Sellsr
shall !,re.iele fer a ]9 ea, "lraee !,erieel iR the e eRt ef elefalllt if a first mert"la"le aReI a IS ela) "lraee !,erieel if
seeeReI er leseer ffiert"la"lSI shall !,re iee fer ri"lht sf !,re!,ayment iR hele er iR !,art ,.ithellt l'enalt,/ shall !,ermit
aeeeleratien iA e eAt ef traAsfer ef the ~eal Pre!,ert), shall re'lllire all l'rier lien aflel eRellllll3raflsss te Be ),e!,t iA
"leeel staAeli,,"l aAeI ferBiel meelifieatiens ef er flltllre ael aflees llneler !,rier mert"la"le(sll shall rS'lllire Bll,er te
ffiaintaiA l'elieies ef iflsllraAse eeAtaiAiA"l a staAelarel msrt"la"lee elallse se.sriA"l all im!,re.smeAts lesateel Sfl the ~eal
Pxel'ert, a"lainst fire aAeI all !,erils inellleleel ithin the ter... "ellteAeleel ee era"le eflelerssmeAts" al'lel slleh ether risl,s
aflel l'srils as Seller ma, reassAaBl, re'l"ire, iA aA amellAt e~al te thsir hi"lhest iflSllraBle .alllsl aflel the ffiert"la"le,
nete anel seellrit, a"lreemeAt shall Be ether.lise in feFffi anel eenteflt re~ireel S, Sellerl Silt Celler ma) enl, re'lllire
slallses sllstemaril) fellAeI iA mert"la"les, mert"la"le fletes, aAeI seellrit) a"lresments "lenerall) lltilieeel S) sa.ifl"l aAeI
leal' iAstitlltieAs er state sr flatienal saA)'s lesateel iA the sellAt) hereiA Rsal Pxe!,ert) is lseateel. ~ll PerseAsl
Pre!,ert) anel leases BeiA"l eeA.e)eel er aSSi"lAsel _ill, at Seller's e!,tieA, se sllsjeet te the lieA ef a seellrit)
a"lreemeAt e.iele"eeel B) reeereleel finaneiA"l statemsAts. If a BalleeA mert"la"le, the fiAal l'a)m"flt _ill e'teeeel the
!,erieelie l'aymeAts thereeA.
C. SURVE!: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
Il. Il'lmlERS, Bll) er, at Bll) er' s ell!,eRse, Ii thiR time alle_eel te eleli er e ieleA se ef title aAeI te ellaJt1iAe same, ma,
Ra e Real Prel'ert, iflSl'eeteel S) a Fleriea Certifieel Pest Centrel Ol'erater ("OI3erater") te eletermiAe if there is aA)
.isisle asti.e termite iAfestatieR er is isle ellistiA"l elama"le frem termite iAfestatiefl in the Prel'ert). If either
ex Beth are fellAeI, Bll)er _ill ha.e 1 ela,s fre.. elate ef ..rittsA fletiee thereef . ithiR hieh te ha.e eest ef
treatmeAt, if re~ireel, esti..ateel B, the Ol'erater aRel all elama"le iA5l'eeteel aAeI estimateel B, a lieeAsea Blli15er er
"lefleral eefltraeter. Seller shall l'al aliel eests ef treatment aAeI repair ef all elama"le "l' te the amellAt l're ieleel iM
para!Jral'h (a). If sstimatea eests ellsseel that alt\ellAt, Biller s"all ha.e the el'tiefl ef eaneeliA"l this
Cel'ltraet .~5 5a,s after reseil't ef eefltraeter's rel'air estilt\ate B, "li.in"l rittsA netiee te Seller er Bll)Sr
ma, eleet te l'reeeeel .'it" the traflsaetiefl, aAeI reeei e a ereelit at slssiA"l eA the amellflt l'rs.ieleel in Para"lral'h
lal. "Termites" shall Be eleemeel te iAsl"ae all reeel elestre)ifl"l er"laAisffiS re'lllirsel te BE rel'exteel "fleler tho
rIBiIela Pest Centrel Aet, ae a..eAelea.
E. m~ss 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.
F. LBABI!:S' Seller ehsll, "et lees than 15 ela)e Befere eleeiA"l, fllrAieh te BIl,er eel'iee ef all ,rittefl leases aflel
estel'l'el letters frsm eaeh teRa"t s!,eeif,in"l the "atllrs aAeI 5"ratien ef the teflaflt's eeell!,afle), refltal rates,
ael a"eeel reflt afla sesllrit) ele!,esits !,aiel B) teRaRt. If Seller is "AaBle te eBtaifl slleh letter frem eaeh teAaflt, the
sa.." iRfermatiefl shall Be fllrflishea B) Celler te B,,)sr ..ithiA that time !,erieel ifl the ferm ef a Celler's affiela.it,
BAB D~)e~ ma~ tF.eEeafteE eentact tenaRts te eeRfiEm 5~efl inferffi3tisR. 8ell~r shall, at ele5i~~, B~li.eE aRB a5si~R
all eFi~iBal leases te B~)eE.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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
addi tion to Seller' s lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that 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.
H. 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.
I, 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 to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
5
J. DOCUMEN'l'S FOR CLOSDfG: Seller shall furnish deed, bill of sale, construction lien affidavi t, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPECIAL ASSESSMENT LrENS: 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, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
N. IIlSPBCTrOU, NrAl:R AIm l~lIdlSB. Eeller ..arrants that, as ef 19 e!a)s Ilrier ts ela6i,,~, tRe eeiliR~, reef
liRel~e!iR~ the faseia a"e! seffits) aRe! ellterier ane! iflte.-ier .alls, fe~"e!atien, seal.alls (er e'l~i aleflt) arle!
e1eeha~e e!e "et ha e aR) '~SIB~E ~'IBENCE ef leaks, ate.- e!ama~e e.- str~etural e!a"'a~e ane! tRat tRe selltie tanh,
"eel, all allllliaRees, J1\eeRaflieal iteffis, Reatin~, eeeli,,~, eleetrieal, Ill~,""iR~ S)steffis ane! ffi"eRiner) aFe ifl \/eRKHIC
CONOI'I'IOlI. The fere~ein~ aFrant) shall ae liRlitee! te tRe iteffis slleeifiee! ,,,,,lese ether .ise Ilre.ie!ee! in aR ae!eleRel"ffi.
DUlEY me), at Be)e~'s eH~eR5c, fia.c iflB~eetieflS ffiaae sf tHeSE items 51 a firm er iAai ia~al 5peeiali2iA~ iA he~c
ins)geetiens aRe! hele!iR~ an eee""atienal lieense fer s~eh ,,"r)gese (if Fe'luiree!) eF a) an a)9)9re"Fiatel) lieeRsee!
r1sFie!a esntraete.-. B,,)er shall, Ilrier te Bu)er's ees"llane) er Ret less than 19 ea)s Ilrier te elesin~, ,.hieRe eF
eee~FS first, Fellert in 'ritin~ ts Eeller s~eh iteffis that e!e net meet the aae e staRe!are!s as te e!efestB. gRleBs
S,,)er tiffiel) rellBrtB s"eB e!efeetB, Bu)er sBall ae e!eeffiee! te he e .rai-ee! Eeller's ,arFaflties as te e!efeets Ret
Fe)geItee!. If re)9airB eF FelllaeemeRt are re'l"iree! te eeM)91) ,ith this EtaRe!aFe!, Seller Bhall ea"se them te ae ffiee!e
aRe! sBall Ila) ~I' te the ame"Rt IlIB. ie!ee! in l'ara~rallh _____ (a). Seller is net re'luiree! te J1\alEe re)9ai.-s er
relllaeeffientB ef a eesffietie "at"re "nlesB ea"see! a) a e!efeet Seller is resl'ensiele te rellair eF relllaee. If the
eeet ef B"eh re)9air er re)91aeeffient enseee!s the aIDe"nt Ilre.ie!ee! in PaIa~rallh _____ (e), Ba)er er SelleF mal eleet te
)9a) s~eh elleeBB, failiR~ whieB either Ilart) ffia) eaReel this (entreet. If Seller is "Raale te earreet the e!efeets
)9Fier te elesin~, the eest thereef shall ae Ilaie! i"te esers' at elesin~. Seller shall, ~)gen Feasenaele netiee,
IlFe ie!e ~tilities Ber iee ane! aeeess te the Prel'ert) fer iRB)geetiens, inel"e!in~ a ,all, threu~B )9rier tB elesin~, te
eeflfiF'" that all iteRls ef Persenal Prel'ert) are en tBe Real Prellert) ane!, s"ajeet te the fere~siR~, that all
re'l"i.-ee! rellairs aRe! relllaeemeRts aa.e aeen ffiae!e aRe! that the Prellert), iRelue!if\~ a~t nst li",itee! te, la R,
sh.-~aae.-) ane! lleel, if en), has BeeR maiRtainee! in the eeRe!itieR elEisti,,~ as ef Effeeti.e Bate, ere!inar) ear aRe!
tea.- elEee)9tee!.
e. Rl:SK OF LeSS. If tBe Prellert) is e1ama~ee! a) fire er ether eas"alt) aefere eleeiR~ ane! eest ef restsratien e!ees
net elleeee! 3\ ef the assessee! .al"atieR ef tRe Pre)gert) Be e!ema~ee!, eest ef resteratieR sRall ae aR eali~atien ef
tRe Seller aRe! elesin~ shall llreeeee! ll"rs~eRt ts tRe teEmS ef CSRtrast itR resteratieR eests essre eel at elesiR~.
If the eeBt ef resteratien elEeeee!s 3\ ef the assesBee! al"atisn ef tRe iffi)9re emeRtB se e!affia~ee!, BU)eI sRall ha e
tRe elltien af eitBer talEiR~ Pre)gert) as is, te~ether ,ith either tRe 3\ er aR) iRsuranee )9reeeee!s )ge)aele a) irt~e
ef B"eB less er e!affia~e, er ef eaReeliR~ Centraet aRe! reeei iR~ ret~rn ef e!e)9ssit(s).
P. PROCEEDS OF SALE; .CLOSrNG 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 unmarketable 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 unmarketable, through no fault of
Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 3D 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to 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 to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the p~rchas~
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
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 attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
Q. BSSRQWI p~) eBere a~ep.t ("~") reeei.iR~ f"Re!s er e'l~i.aleRt is autBerieee! aRe! a~~ees a) aeee)9taRee ef
"Bem te e!e)gesit the", )9~em)9tl), Bele! same ~n esere' ane!, suajee~ te eleaIaRee, e!iBa~rse tBeJl\ iR aeesre!anee itR
teY~s aRB e8flaiti6~S sf CSfltFaet. rail~Ee sf eleaFaflse sf f~Ras shall Rat eHC~6e BUley'S ~eEf6rffiaflee. If ifl ae~Bt
as te ~~eAt'3 a~ties BE liaBilities aRscr the pre isisfl6 sf CSRtraet, n~eRt ma),at ~~cntts 8~tien, eeAtifi~e te
Bele! the s~ajeet ~atter ef the esere.' ~ntil the )9arties he rete a~ree "e its e!iea~reeffient, er ~Rtil a j~e!~ffieRt ef a
se"rt ef eeffi)geteRt j"riseietieR shall e!ete~mine the ri~h"5 ef tBe )9arties eL A~en" ffia) e!e)gesit ith the elerlt ef
tRe eire"it ee~rt ha in~ jarisaietien ef the e!isl'ute. Y)geR Retif)i,,~ all )9arties eeReernee! ef s~eB aetiep., all
6
liasilit) eA the "art st 1\!jent shall f~ll) teaniAate, eltee"t ts tRe enteRt ef aeee~Rtin!j fer aR) items "re iSOlSl)
eeli.ereel eOlt ef esere'. If a lieeAsee real estate sreJ,er, .'\!jeAt "ill eempl) "itA p"s.isieRs sf Cha"te" 1;5, r.E. ,
as affienelee. PR) sOlit set eeR BOl)er aRe 8eller here A!jeRt is ffiaee a "art) seea~se ef aetiR!j as ~!jeRt AereOlRaer, er
iR aR) s~it "RereiR ~!leRt iRterpleaels tAe s",sjeet matter sf tRe esers , ~!jeRt sAall reee.er reassRasle attsrRe)S'
fees aRel essts iReOl""ee "itA tRese ame"'Rts te Be "aiel frem aRe s",t sf tRe esers"ee tURas sr e"ui aleRt aRB eRar!jea
aRB a arelee as ee",,,t BsstS in fa.sr ef tRe pre.ailiR!j "art). The ~!jeRt shall net Be liaBle te ae) "art) er perseA
fer ffiiseleli.e,,) te B~)e" sr Eeller ef items sUBjeet te tRis ese"e , uRless SOleR ffiisaelLer) is e",e te \ ill fOil
sreaeA sf CSRtraet er !jress Re!jli!jeRee ef A!jeRt.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, r.s., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFORMANCE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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 attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. ~IES: 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.
7
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PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
peN: 12-43-46-17-25-002-0210
D!\
071
Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
June 8,2006
TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer Property Located on S.W. 13th Avenue to
the Delray Beach Community Land Trust, Inc.
PCN: 12-43-46-17-18-002-0130
Attached to this memorandum please find Resolution No. 33-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\\)I
RESOLUTION NO, 33-06
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CI1Y
TO TRANSFER/SEll REAL PROPER1Y IN THE CI1Y OF
DELRA Y BEACH WHICH PROPER1Y IS LOCATED AT S.W.
13th Avenue, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRAY BEACH COMMUNI1Y LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES,
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
S.W. 13th Avenue for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to transfer/ sell Lot 13, Block 2, Atlantic Gardens, according to the map or plat thereof as
recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida, to the Delray
Beach Community Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
A lTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") 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: Lot 13, Block 2, Atlantic Gardens, according to the map or plat
thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach
County, Florida
Property Control No. 12-43-46-17-18-002-0130
(b) Street address, city, zip, of the Property is: S.W. 13th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit{s) will, at
Buyer'S option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): _Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer'S expense obtain (CHECK
ONLY ONE) : abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
1
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
CITY OF DELRAY BEACH COMMUNITY LAND TRUST, INC.
By:
By:
Co I ~ '.Q.(,.,
Date. \
: ..j~ ~. LE.-JJ tJSc l\J
Date
Print Name:
Tax ID No. 20 - Lf ~ ~ 'Z- ~ 0;;; "'2....
Tax ID No.
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: S.W. 13th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TIrLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing the~ certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property ~f Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner1s 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (301 day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. P9RGHl\SB IIGUBY IIGRTSllSB / SB~T:r JlSilEBllBN'P l'e SBu.BIl. 11 p~reRase maRe) mart!ja!je aRe! Iftert!ja!je Rete te Seller
sRall pre.ie!e fer a 39 e!e) !jraee psriee! iR tRe e ent ef e!sfa~lt if a first mert!ja!je ane! a 1. e!a) !jraee periee! if
seeene! er lesser Iftert!ja!jel sRell pre ie!e fer ri!jRt ef I'repaymsRt iR .'Rele ar iR part ithe~t peRalt)/ sRall perffiit
eeeeleratieR iR e eRt ef traRsfer ef tRe Real Prsp8rt)/ ehall require all priar lieR aRe! eRa~mBraReeS te Be ltept iR
!jeee! staRe!iR!j aRe! ferBie! mee!ifisatians ef ar f~t~re ae!.aRses ~Re!er prier Iftart!ja!je(e) , sAall re'l~ire I3u}er te
maiRtaiR pelieies ef iRs~raRee ee...tai"iR!j a staRe!are! Iftert!ja!jes ela~se oa.sriR!j all i~re.emeRts lecatee! aR tRe Real
Pral'ert) a!jaiRst fire aRe! all perils iRel~e!ee! i thiR tRe term "ellteRe!ee! ee era!je eRe!ersemeRts" aRe! s~eh etRer risl,s
aRe! perils as Seller Ift3) reassRaBl) reEjUire, in an aH\e~Rt equal te their hi!jhest ins~ra51e .al~e, ane! tRe msrt!ja!je,
...ete ane! see~rit) a!jreemeRt sRall Be etRen.iee iR ferHl aRe! eantent req~iree! 5) Cellerl b~t Celler ma) anl) require
elauses e~stemaril) fe~Re! iR mert!ja!jes, msrt!j3!je netes, aRe! see~rit) a!jreemeRts !jeRerall) ~tilieee! 5) sa.i"!j ane!
leaR iRstit~tieRs ar state er RatieRal BaRI,s leeatee! iR the ee~Rt) 'RereiR Real Prspert) is leoatee!. All PerseRal
Prsl'ert) ane! leases BeiR!j eeR e)ee! ar assi!jRee! ill, at Seller's eptie..., Be s~Bjeet ts tRe lieR ef a see~rit)
a!jreeme...t e ie!eReee! B) reeere!ee! finaRoi"'!j statemeRts. If a Ballee... mert!ja'3'e, the fiFlal pa)meFlt .ill eHeeee! the
l'eriee!ie l'aymeRts tReree....
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
B. _gas. B~)er, at B~)er's ellfleRse, itlo.iR time alle..ee! te e!eli er e ie!enee ef title aRe! te ellalfti...e same, Ifta)
Ra.e Real Prspert) iRsl'eetee! B) a Flerie!a Certifiee! Pest CeFltrel Operatar ("Operater") te eletermi...e if tRere is aR)
isiBle 3eti e termite iRfestatieR ar .isiBle eHistiR!j elama!je frem termite infestatien iR tRe Prepert). If eitAer
sr BetR are fatiRe!, B~)er ill Ra e 1 Ba)s frelft elate af .,ritteR Ratiee thereef itRiR hioh ta Ra e east ef
treatmeRt, if re'ltiireel, estimateB B) tRe Operater ane! all elama!je iR5peetee! aReI estimatee! 5) a lioeReeel 5~ile!er er
!j8Reral eeRtraeter. Seller sRall pa) .alie! Daets ef treatmeFlt aRe! repair af all e!alfta!jD up te tRe ame~Rt pre.~e!ee! i"
Para'!jrapR (al. If Dstilllatee! eests eHeeee! that allls~Rt, B~)er GRall Ra.e the sptief'. sf eaf'.DeliF.!j tRis
Ca...traet ,,~. e!a)a after reeeipt ef ee...traeter's repair estimate b) '!ji iR'!j ritteR netiee te Seller er Bti)sr
ma} sleet ts prseeee! ~itR the traRsaetiaR, aRe! reeei.8 a eree!it at elesiR'!j eR tRe amStiRt l'ra.ie!ee! if'. Para'!jrapR
(a). "Termites" sRall Be e!eelftse! te ine1~e!e all ,aee! e!Dstra)iR!j er'!jaf'.islfts req~iree! ta bs repertea ~ne!sr tRe
rrerIe!a Pest Centrel ~et, as ameRe!ee!.
E. 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.
F. ~BSI Seller sRall, Rat less thaA 1. e!a~B Befere elesifl'!j, f~rRisR ta B~~sr Bepies ef all .ritteR leases aRe!
este~pel letters fFe~ easp. tenant speeif~ifi~ t~e flat~Fe sRa a~Fati6R sf the tcnaHt's ee~~~a~cJ' rental Fates,
ae!.aReee! reAt ane! seeHrit) e!spesits paie! 8) tenant. If Seller is ~RaBle te eBtain s~eR letter frelft eaBR tef'.ant, tRe
same iRfermatien shall Be ftirAisRee! B~ Seller te Bti)er ithiR that time periee! in the farm ef a Seller's affie!a it,
aAa D~)eF ffiBY thereafter 88fltaet tenants te e8nfir-m 3~efl iflfermatisfl. Seller CRall, at ~le5iB~, deli ex ana 39Si~A
all eri'!jiRal leases ta B~)er.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that 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.
H. 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.
I. rIME: 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 to 5:00 p.m. of the next business day. T~e is of the essence in this Contract.
5
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if 08cupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. 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, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
II. InSPBC'PI9JT, IlEPAZR lIS I~SB. Selle" rarraRts that, as sf Ie ela)s IHisr te elssinEj, tRe eeiliREj, resf
(iRel~e1iREj the faseia aReI ssffits) aReI enterier aflel iflterier ,alls, fsclflelatiefl, sea .alls lar e~~i.aleflt) and
e1eel,aEje e1s flet !la e afl) VISIBl.E E"I9EIICE ef leal,s, \later eamaEje ar str~et~ral e1amaEje anel that the se(Otie tafll"
(Oeal, all a(3l'liaflees, meehanieal itelRs, heatiflEj, eeeliflEj, eleetrieal, (31~"",,iflEj s)stellls aReI msehifler) are ifl {J9l<KIIIC
CONSITHlN. TRe fereEjsiflEj "arraflt) shall l3e lillli teel ts tRe items s(3eeifieel ti"less ether ise (3re ieleel iR afl aeleleRetiRl.
B~)er ma), at EH)er'S ell(3eRse, ha e ifls(3eetisfls lRae!e ef thsse itelRs 13) a firlR er iflei 'ie!~al sl'eeialieiflEj iR heme
ifls(3eetisfls aflel hele!iflEj aR eeeHl'atisflal lieense fer stieh (3~r(3sse (if re~tii"eel) er l3y afl a(O(Ore(Oriatel) lieeflseel
rle"iela eSfltraeter. B~)er shall, (3rier te EH)er'S eeeH(3afle) e" flet less than Ie e!S)S (3rier te elssiflEj, ..!liehe.er
esetirs first, re(3ert ifl rritiflEj ts Seller stieh items that els flSt meet the al3e.e staflelarels as te e!efeets. 9"less
Eti)er tilRel) re(3srts sHeh elefeets, B~)er shall Ee e1eeHleel te ha.e aLeel 8eller's ..arrafltilOs as ta elefelOts flSt
re(3ertee!. If re(3airs er re(31aeemeflt are re~tiireel te eelR(3l) ..ith this StaRelarel, SlOller shall eatise theIR te l3e IRsele
aflel shall (3a) H(3 te the ameHRt (3"e.ieleel ifl ParaEjra(3h _ lEI. Seller is net re~~iree! te ma),e re(Oairs er
re(Olaeemeflts ef a essmBtie flat tire Hflless BatiSeel 13) a defeet Seller is res(3sflsil31e te re(Oair er re(31aee. If the
eest ef s~eh re(3air er re(31aeeme"t eneeee!s the _etint (3re.ie!ee! ifl ParaEjra(3h _ lEI, B~)er ar 8elle" lIla) eleet te
(3S) s~eh elleess, failiflEj ,.hieh either (3art) ma) Bafleel this Cefltraet. If beller is tina131e te eerreBt the e!efeets
(Orisr te elesiflEj, the eest thereef shall l3e (3aie! iflte esere.r at BlesiflEj. 8eller shall, ~(3efl reasefla131e Retiee,
(Ore ie!e Htilities se" iee B"e! aeeess te the Pre(3ert) fer ifls(3eetis"s, inel~e!inEj a ..al), threHEjh (3rier ts elesiREj, te
eSflfirm that all itelRs ef Perseflal Pre(3ert) are efl the Real Prel'ert) aRe!, s~ejeet te the fereEjeiREj, that all
re~tiireel re(3sirs BRe! re(31aeemeRts Ra\e l3eefl lIlae!e afle! tRat tRe Pre(3ert), iRel~e!iflEj E~t flSt lilllitee! te, la fl,
sRr~l3l3er) ane! (3esl, if an), has l3eefl maintaiflee! iR tRe eene!itisfl e"istiflEj as ef Cffecti.e Date, ereliRar) ..ear aRe!
tear ellee(Otee!.
s. nz~ SF LeSS. If tRe Prs(3e"t) is e!slIlaEjBeI 13) fire er ether eastialt) l3efere elesiflEj afle eest ef resteratien e!ees
net elleeee! 3' ef tRe assessee! alHatiefl ef tEe Pre(3srt) se e!arnaEjee!, eest ef resteratieR shall l3e afl e131iEjatieR ef
tRe 8eller aRe! elesinEj shall (3reeeeel (3HrStiaflt ts the terms ef Cefltraet ith resteratien cests sscre eel at elesiREj.
If tRe eest ef resteratieR eneeeds 3% ef tRe asaesseel altiatien ef tRe i~re emeRts se damaEjee!, Bu)er sRall ha e
tRe e(3tiefl ef ei the.. taltiflEj P..e(Oert) as is, te~ethe.. ri th ei tRer tRe 3' er a,,) ifl5~raflee (3reeeeels (3a)aI31e 13) irttle
ef s~eh less er e1amaEje, e.. ef ea"eeli~Ej Centraet anel ..eeei.iREj rettirn ef e!e(3esit(e).
P. 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 unmarketable 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 unmarketable, 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to 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 to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
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 attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
2. BSGRQW. Ail) eseFe" aEjeRt ("~") ..eeeLiflEj fHflds e.. e'ltiLaleflt is atitheriBeel aRe! aEjraes 13) aeee(3taRee ef
tReffi te e!e(3esit theffi (Oreffi(Otl), Rele! saffie in ese..e aRe!, sHsjeet te elea..aRee, e!isl3tirse tRam in aees"e1aRee itR
teEffiS a~a e8Raitiens sf CSRtEaet. rail~Ee sf eleaEaAee sf fH~as shall Ast eHe~6C B~)crI5 ~cLfsrffiaflee. If iA ae~6t
as te A~eflt's aHties SE liaailities ~p.eeL tHe pre.isiefls sf CSfltraet, ~~e~t mal' at ~~eAtI6 s~tieH, eSRtinHe ts
Reld tRe sHl3jeet ffiatte" af tRe esere. ~fltil tRe (3a..ties hercte aEj"ee te its elisBtlrscmcRt, er ~ntil a j~e1Ejffieflt ef a
eeti"t ef eeml'eteflt jti"ise!ietiefl shall e!etermi.e tRe ..i~hts ef the (3a..ties 5" ~~ent mal ele(Oesit ..ith tRe clerk ef
the eire~it e6Hrt R6 i~g jHrissietien sf ~~e aiapute. g~efl fletif)iR~ all parties eSAeerRp.B sf sueR actieR, all
6
liaeilit) SR tile J9a.-t sf A~eRt sllall f~ll) teEllinate, eneeJ9t te tile enteRt ef aeee~RtiR~ fer aR) items J9re' is~sl)
eleli e.-eel s~t ef ese.-sw. If a lieeRseel real estate eraller, r,~eRt ill ee"'13l) .litll J9.-e.isieRs ef CllsJ9te.- 17.5, LE:. ,
as ameReleel. ~R) s~it eetleeR B~)er anel Selle.- Ilere A~eRt is maele a J9a.-t) eeea~se ef aetin~ as ~~ent lle.-e~Rele.-, sr
i~ aA) s~it flEEeiR ~~eAt iRteE~leaa5 the S~B3eet matteE sf tEE caCEs.., l~eAt sRall Eee6 er reas6flable attsEAE)S'
fees aReI easts iRe~.-reel ,ith these ame~nts ta ee J9aiel f.-em anel s~t sf the esere eel funels a.- e~~i.aleRt aReI ellar~eel
aRe a,areleel as ee~.-t easts iR fa 'e.- af tile J9re ailiR~ J9art). The A~ent shall net ee liaele te an) J9art) ar Jge.-ssn
far miseleli.e'-l ta B~ler ar Seller af items s~ejeet ta this esere., ~Rless such miseleli e.-) is elele te .illful
e.-eaell ef Cant.-aet e.- ~.-ess Re~li~enee ef Agent.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAZLURE OF PERFORMANCE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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 attorney for any party shall be as effective as if given by or to that party.
TJ. CONVErANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. W1RRANTIES: 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY OF DELRA Y BEACH, FL
PLANNING '" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-17-18-002-0130
Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
June 8, 2006
TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer Property Located on S.W. 2nd Terrace to the
Delray Beach Community Land Trust, Inc.
PCN: 12-43-46-17-31-000-0230
Attached to this memorandum please find Resolution No. 34-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
o~
z1N1
\ c,;:r
RESOLUTION NO. 34-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT S.W.
2ND TERRACE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRAY BEACH COMMUNITY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
S.W. 2nd Terrace for the purposes of providing affordable housing as part of the Community Land
Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/ sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
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 Seller, hereby
agrees to transfer/sell Lot 23, Carver Square, according to the map or plat thereof as recorded in
Plat Book 24, Page 11, Public Records of Palm Beach County, Florida, to the Delray Beach
Community Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
ATIEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., (" Buyer "), 20 North Swinton Avenue, De lray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard{s)") 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: Lot 23, Carver Square, according to the map or plat thereof as
recorded in Plat Book 24, Page 11, Public Records of Palm Beach County,
Florida
Property Control No. 12-43-46-17-31-000-0230
(b) Street address, city, zip, of the Property is: S.W. 2nd Terrace,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit{s) will, at
Buyer I s option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer'S attorney; OR ~Buyer shall at Buyer'S expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
1
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
prov~s~ons, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (l) ___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. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
CITY OF DELRAY BEACH
DE
COMMUNITY LAND TRUST, INC.
~ f ~ ( O~
.... }~,J }Z .It.JI,JS$~
Date
By:
Print Name:
Tax ID No.
Tax ID No. 2.0'- '11 (Q '"'2- '3> S- -z...
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: S.W. 2M Terrace, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVrDENCZ OF ~I~LE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to 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 marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (I) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, 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. PmlGKIISB }QIBY UOR~I SE~'lY ~_ l'Q SE~, A p..reRase Hlefle} Hlert!ja!je a...EI Hlsrt!ja!je flste loa Seller
shall pra.iEle fsr a 3S Ela) !jraee periaEl in the e e...t af Elefa..lt if a first msrt!ja!je a...EI a 1. aa) !jraee perisEl if
seeaflEl ar lesser Hlart!ja!je, ahall prs.iae far ri!jht af prepayment ifl "hale ar iR part _itha..t ",enalt}/ shall ",eFmit
aeeeleratiaR in e. eRt sf traRsfer af the Real Prapert} I ahall re~ire all priar lien aREi ene....eraRees loa ae I.ept iR
!jaaEi stanEliR!j aflEl fsraiEl Hlaaifieatians sf ar f~t..re aa.aRees "REier priar mart~a!je(s)1 shall re~..ire B..}er loa
mai...taiR palieies sf ina..r8flee eentaifliR!j a staflEiarEl Hlsrt!ja~ee ela..se ee.eri"'!j all impra>ements lseateEl Sfl the Real
Prepert} a!jaiRst fire anEl all perila inel..EleEl ithiR the teHII "eltteRaeEl es .era!Je enasrseH\eflts" aREI a..eh sther risl[s
aREI perils as Eeller Hla) reaseRaal) re~ire, iR aR aHIS"Rt e~al loa their hi!jheat ina~raale .al..el aflEl the mart!ja~e,
nate anEl see~rit} a!jreemeRt ahall Be ather.lise in fSEll aRa eaRteRt re'l..ireEl a} Eellef', a~t Eeller may SRI} re~~ire
ela~ses e..stamaril) fS"REI iR Hlsrt!ja!jes, mef't~a!!e Rstea, aREI see..rit) a!!reements !jeRerall) ..tili~ea a) aa.ifl!j afla
laaR instit..tisns ar state ar RatiaRal aa...lta laeateEl iR tha ea~Rt} .hereiR Real Pral'e"t) is lscatea. All PersaRal
Pral"ert} afla leases aeiR~ ean.e}ea ar aaai!!Rea ill, at Seller'a aptiafl, Be s..ajeet loa the lien af a aee..rity
a~reeHlent e.iEleneeEl 5) reeeraeEl finaRein!j statements. If a aallss... H1sf't!!a!!e, the final pa)ffient lill euseeEl the
periaElis paYffieRts thereaR.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, 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 title defect.
l). _Ens I Bll} er, at B..) er' s e'lJIeRse, Ii thiR 10iHle aIls eel loa Eleli.e" e iElenee sf 10i 1;le aREI loa emmine sa..e, Hla)
ha.e ~eal Prspef't} iRspeeteEl e) a rlariEla CertifieEl Pest 8aRtf'al epe"atar ("~e"a1oar"J ta EleteFmiRe if the"e is aR)
,isiele aeti.e terHlite iRfeatatiafl ar isiele euistiR!! daffia~e fraHl termite iRfestatiafl iR the Prapert). If either
er esth af'e fa"REI, B..)er ..ill hB.e I aa)s fraffi date af \.:!'itten natiae thereat ithiR hieR ts ha e east sf
treatffieRt, if re~..ireEl, estimateEl B) the Operatar aRa all aaffia~e inspeetea aREI estiffiataEl e} a lieeRsea B..ilEler ar
!!efleral eantraetar. Eeller shall pay 'aliEl sasts af treatffieRt aREI repai" af all Elaffia!je "I" loa tRe ama"Rt pra iElea iR
Para!!f'apn (al. If es10iHlatea easts eueeea tAat ama"Rt, B..)er shall ha e the sptiaR sf eaReeliR~ thia
CaAtraet ~5 aa)S after reeeipt af asntraetsr's repair estimate e) !ji.in!! IritteR natiee loa Seller ar B..}er
..a) eleet ts praeeea ith the traRsaetiaR, BRa reeei.e a ereElit at elasin!! aR the ama...t ~ra iaea in Para~rapA
(al. "Termites" shall ee EleeffieEl loa inel~Ele all ..saa Elestra}ifl~ ar!!anisHls re~..irea ts ee repartea llRaer the
rreriEla Pest Cafltral Aet, as affieREleEl.
E. 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.
F. LEASES. Eeller shall, nat less tha... 15 aa)s aafare elasiR!!, f"rnieh ta B"jer eapies af all ritteR leases anEl
estepflel letters fram eaeh teRaRt speeif) iR!! the flat~re aRa EI~ratian sf the 1oeRant' s see"pane}, rental raloes,
aa aResEl f'eRt ana see..ritj aepsaits paia aj teRaRt. If S_ller is "Raale ta sataiR s~eh letter freffi eaeh tenant, tAe
aame inferHlatian shall ee f..rRisheEl ej Seller ta Bll)er ,ithiR that time periaEl in the fSEffi af a Celler's affiEla.it,
aRa B..)er Hla} thereafter eSRtaat teRaRta loa eaRfirm sllen infarffiatiafl. Seller shall, at elasin!!, aeli.er anEl aesi~fI
all ari!jiRal leasaa ta B..)er.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to 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 to Seller's lien affidavit setting forth the names of all such general contractors, subcDntractors,
suppliers and materialmen and further affirming that 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.
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H. 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.
I. TIM!!:: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
hDlidays shall be excluded. Any time periods provided for herein which shall end Dn Saturday, Sunday or legal
holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
5
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J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
It. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRO~IONS; CREDI~S: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will b~
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed", and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. 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, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
N. ERSPBCTIQN, nBPAra AN9 !QI~E}~'SE. Eeller tarraRts that, as sf IS Ela)s prisr te elesin~, the eeilin!!, reef
(iRel..Elin!! the faseia alla seffits) aF.s eutef'isr anEl iRterief' lalls, fe~nelaEi"n, sea.lalls ler e~..i.aleRt) aREI
sael.a!!e Ele Ret ha e an} "rEIBLE E"IDEllCE ef leal,s, tater aarna!!e er strBet..ral Elama!!e ans that the septie tal'll"
paal, all applianees, meehanieal items, heatin!!, eeelin!!, elestrieal, pl>Hlll9in~ s}stems aREI ffiaeRiRer} are iR IlQI\KINC
CDlI9ITIml. The fare~ein!j .1arraRt) shall ee liffii teEl ts the items speeifieEl ~Rless ather. ise pre iaea in aR aaSeRElem.
B~)ez ma}, at B~)CE'S e][~eRee, ha.e inspcctieRs maae af tRese items Bi a iiEM SF iflsi-iaual 3~eeiali~iR~ iR flaMe
iRspeetiens aREI h"lsiR!! aR eee..patisRal lieeRse fer a..eh p..rpsse (if re~~ireEl) sr e) aR apprspriatel} lieeRseEl
Flariaa eeRtraetsr. Be)~r shall, prier ta Be)er's sse~pane) ar Ret lese thaR IS Ela)s prisr Ee elesiR~, hiehe.er
eee..rs first, f'epert in ritiR~ te Seller s~eh items that as /lst mset the aIoe.e stallsarss as te aefeets. gRless
Be)er timel) repsrts s..eh aefeets, B..)er shall ee aeemes te ha.e ai.eEl Seller's _arraRties as te Elefeets Ret
reparteEl. If rel'aire er replaeerneRt are re~irea te eaffipl) "ith this StaRsarEl, Seller shall ea~se t~em loa ee ffiaae
aRS shall pa) ~p te loRe ame~Rt pre .iElea in Para!!ral"h Ie). Selle" is Ret re~~ires te malte repairs ef'
replaeeffieRts ef a eesmetie Ratere BRless eaesea 5) a Elefeet:6eller is reepensiele te repaif' er replaee. If the
east ef s~eh f'epair sr replaeemeRt eJ[eeeEls the ameent pre iEleEl ifl Para!!r"l'h (el, B..)er er Seller ma) eleet te
pa) s..sh eusess, failiR!! >lhieh either part) ma} eaRsel this CSRtraet. If EeIIer is ..naele te eerreet the Elefeets
prier Ea elesiR!!, the eest thereet shall ae paiEl inte eeere at elssiR!j. Seller shall, epeR reasefiaele Retiee,
pretiEle ..tilities se....iee aREI aseees te the Prepert::; fer inspeetieRs, iRel~elin!! a .Ial), thre"!jh prier te elesifl!j, loa
seRfi"", that all ite..s ef Persanal Prepert) are Bn the Real PrBpert) anEl, s..ajest loa the fBre!!siR~, that all
re~BireEl repairs aRs replaeemeRts ha.e aeen maae aREI that the Prepert), illel~EliR!! B..t Rat liffiiteEl lot, la' 1'1,
shr~aBer} aRa pesl, if aR), has aeeR maintai/les in tile eBRElitiefl eJ[istifl!! as Bf Effeeti. e Oate, erEliRar) 'ear aRS
tear eHeepteEl.
S. RISK SF LOSS. If the PrBpert} is Elama!!eEl e) fire sr ether ea5~alt) eefere elssiR~ ans eesE af "estaratieR Elees
fist eueeeEl 3' Bf the assesseEl al~atiBn ef the Prepert) SB Elama!!eEl, esst ef resteratien shall ee aR eBli!!atien ef
the Seller aREI elesin~ shall I"rBeeeEl p~rs..aRt ts the teFlOs ef Centraet titil resteratieR eests esereweEl at elesiR~.
If the esst af resteratisn eueeeaa 3' ef the assesseEl .al..atisR Bf the impf'e.emeRts sa Saffia!!eS, B..)er shall ha 'e
the sptieR af eithef' tal<iR!! Prapert) as is, ts!!ethef' ,ith either the 3' er SRi iRs~raRee preeeeEls pa)aBle B) .irt..e
sf s..eh less Br aarna~e, Br sf eaneelin!j CSfltraet aRa reeei iR!! ret..rn sf ElepBsit(sl.
P. 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 unmarketable 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 unmarketable, 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to 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 to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
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 attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
2. Es~r. ~.) ese"a a!!ent I"~") reeei.in~ f"RElS a" e~~i aleflt ia a~thsrieeEl ana a!jrees B) aeeeptaRee sf
the.. te Elepasit them prBmptl), halEl same iR eserB.. anEl, s..ejeet ts elearaRee, sisalirse theffi in aeesraaRee litH.
terms aRe eeAditieRS sf ~eRtraet. rail~~e af elearaRse sf f~Ras shall n6~ ene~se B~ieE'6 perfeFffiaflee. If i~ ae~st
as te ~~eAt's a~~ies BE liaeilities ~nder the pze.isieas af CSRtFaet, A~ent ffiB)1 at ~~eRt's B~~ieA, ee~tiR~e te
hBlEl the s~Bjeet matter Bf the eserS.l "Rtil the pa~ties heretB a!!ree ts its Elisb~rsemeRt, sr entil a j"s~ffient sf a
eS~f't sf esmpetent j..risaietisn shall EleterrniRe tile ri~hts sf the I"arties Br A!!eflt me) sepssit .ith tAe elerl, Bf
the eire..it e"..rt he iR~ j..risaietiBR ef the sis~~te. 9peR RBtif}in~ all parties eBReernea sf s..eh aetisR, all
6
;..
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liaBilit) aR the part sf .'.!jeRt shall f..Il} termiRate, ellee",t loa the eHteflt af aeealiRtiR!j far aR) iteffis ",re'.ia..sl)
seli.ereEl a..t af esers I. If a lieeRses real estate Iarsl,er, }l.!!ent .Iill eempl~ ..ith pre.isisns af Cha~ter C'., r.S.,
as affieRsed. An) s..it Iaet een 8..)er aREI 8eller .here .'.!!ent is mese a part) Beea~se sf aetiR~ as }l!!eRt here"Raer, ar
iR aR) sliit nhereiR A~eRt i~tarpleaEls the slilajeet matter ef the eserSI, A!jeRt shall reea.e~ reassRalale attarne)s'
feas anEl eests iRe"f'f'eEl ith these ama..nts ts ee pais fre", aRs e..t sf the ese~s'es f"Rds s~ e~..i.aleRt aRa ehar~ea
ans a..arEles as ee..rt easts in fa.ar sf the pre.ailin!j pa~t). The ~!!eRt shall Rst ee liaBle ta an) part) ar persan
fsr misEleli.er) te B..~er er Seller ef items a~Bjeet loa this asera", ~nlesa s..eh miaEleli.er} is alie loa _illf..l
ereaeh sf Cantraet er !jrass Re!!li~eflee sf A!!eRt.
R. A~ORNEY FEES; CO~S: In any litigation, including breach, enforcement or jnterpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFO~CE: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within
the time specified (including payment of all deposit(s}), the deposit(s) paid by Buyer and depositlsl 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 settlement 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 return of Buyer's deposit Is) without thereby waiving any action for
damages resulting from Seller's breach.
T. CONTRACT N~ 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 attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
W. 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.
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7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY Of OELRA Y BEACH. FL
PLANNING .Ie ZONING DEP ARThtENT
-- DIGITAL BASE AlAP SYSTEM --
PCN: 12-43-46-17-31-000-0230
oA
z1l1
Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
June 8, 2006
TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer Property Located on N.W. 8th Avenue to
the Delray Beach Community Land Trust, Inc.
PCN: 12-43-46-17-25-002-0210
Attached to this memorandum please find Resolution No. 32-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached
please find a Contract for the Sale and Purchase of the above-referenced
property. This property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
L'"'A
VPi
FROM:
ITY MANAGER
<
TO:
THRU:
CTOR OF PLANNING AND ZONING
SUBJECT:
MEETING OF JULY 11, 2006
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DUlAC) TO CITY TRN
(TRANSITIONAL), AND REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO CITY SAD (SPECIAL ACTIVITIES
DISTRICT) FOR A 0.99 ACRE PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF MILITARY TRAIL AND CONKLIN DRIVE
The 0.99 acre property is currently located in unincorporated Palm Beach County and has a
CG/SE (Commercial General/Special Exception) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation. The subject property is currently vacant and the applicant is proposing to build a 3-
story self storage building with associated parking and landscaping. The subject property is Lots
1, 2, 3, and 4, Block 2, Rockland Park Subdivision. Previous development activity includes
approval of a special exception with the County via Resolution No. 80-836 approved on June 24,
1980 which allowed the construction of a funeral home on the property. This development was
never constructed and the approval has expired.
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. / ." '. 4/1/., ..//.,' .. ./' . '.' .., .,. ...... ., . c.... .~.. ../." ... /.~.f!" / ",_ L" /.... . .n, ;; .
The Planning and Zoning Board held a public hearing on January 23, 2006 in conjunction with
this request. There was public testimony in opposition from Mr. Jeff Overstreet, who lives at 5132
Conklin Drive, and Mr. Chris Osborne of Kaplan & Berlin, representing the Conklin Drive Home
Owners Association. Mr. Overstreet's concerns revolved around the proximity of the proposed
development to the Conklin Drive residential development and the height of the proposed
building. Mr. Osborne's concerns related to the traffic impact generated by the proposed
development. Further, staff recommended denial based upon a failure to meet required findings
with respect to compatibility with adjacent residential development and that the SAD zoning
district was being inappropriately applied to the property. After reviewing the staff report and
discussing the proposal, the Board voted unanimously to recommend that the request be denied.
The denial was based upon concerns with respect to compatibility with the surrounding
development, and its potential to negatively affect the character of the area. Further, the
proposed Future Land Use designation of Transitional (TRN) and Rezoning to Special Activities
District (SAD) is not consistent with Objective A-1, Policy A-1.7, and Policy A-2.3 of the
Comprehensive Plan, and does not meet the requirements of LOR Section 3.2.2(0) (Standards
for Rezoning), 3.1.1. (FLUM Consistency and Compatibility) or 2.4.5.(0)(5) (Reasons for
Rezoning).
_:"'0ii~'<(.~~~~}\f_~~~j(!""~
By motion, deny on first reading the ordinance for Annexation, the FLUM amendment from
County LR-3 (Low Residential - 3 du/ac) to City Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District), based upon the findings of fact and law contained
in the staff report, and failure to make positive findings with respect to LOR Section 3.2.2.(0),
3.1.1. (Consistency), 3.1.1. (Compatibility), 2.4.5.(0)(5) (Reasons for Rezoning) and
inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-1.7,
Policy A-2.3, and Objective A-1.
Attachments: Staff Report prepared for the P & Z meeting of January 23, 2006 and Ordinance No. 5-06.
\~A
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF CONKLIN DRNE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO SPECIAL ACTIVITIES DISTRICT
(SAD) DISTRICT; AND AMENDING SECTION 4.4.25(G),
"S.A.D.s", TO ADD SUBSECTION (9) "ROBOTIC SPACE
SAVERS" TO THE LIST OF APPROVED S.A.D.s; PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at the
southwest comer of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject property
annexed into the municipal limits ofthe City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of
the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 ofthe Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3
(Low Density Residential-3 dulac); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City
of Delray Beach, Florida, is MD (Medium Density Residential 5-12 dulac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use
Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until
an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are not consistent with and does not
further the objectives and policies ofthe 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 the City Commission of the City ofDelray Beach, Palm Beach County, Florida,
hereby annexes to said City the following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24, Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book 3362, Page
9, Palm Beach County Records.
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official Records Book
5692, Page 1978, Palm Beach County Records.
2 ORD NO. 5-06
The subject property is located at the southwest comer of Conklin Drive and Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected, including the Stormwater Management
Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described is
hereby declared to be in the Special Activities District (SAD) Zoning District as defined by existing
ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses
and Structures", approval for the subject property described in Section 2, above, is hereby granted for a
Self Service Storage Facility".
Section 10. That Section 4.4,25(G), "SADS", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9),
(9) Robotic Space Savers, Ordinance No. 5-06.
Section 11. If approved on First Reading, and a site and development plan appeal is approved,
then conditions, if any, will be incorporated herein, and any future site plan modifications will be
reviewed by SPRAB.
3
ORD NO. 5-06
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. 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 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days
after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day
of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 5-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
January 23, 2006
III.C.
Future Land Use Map (FLUM) Amendment from LR-3 (Low Residential - 3 units/acre
Palm Beach County) to TRN (Transitional) and rezoning from CG/SE (Commercial
General/Special Exception) to SAD (Special Activities District) for a 0.99 acres
parcel located on the southwest corner of Military Trail and Conklin Drive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Adele C. Tartza
Agent.......................................... Weiner & Aronson, P.A.
Location............ .......... ....... ......... Southwest corner of Military
and Conklin Drive.
Property Size.............................. 0.99 Acres
Existing County Future Land Use
Map Designation ........................ LR-3-8 (Low Residential- 3
units/acre)
Proposed City Future Land Use
Map Designation.........................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service..................... ........
TRN (Transitional)
CG/SE (Commercial General
Special Exception)
SAD (Special Activities District)
Automotive Commercial (AC)
Residential Medium Density (RM)
Multiple Family Residential - Low
Density (LD)
Palm Beach County Agricultural
Residential (AR)
Vacant
Safe and Secure self storage
facility .
12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of the subject property.
Sewer service is available via
connection to a 8" sewer main
located along-Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject.'
LAKE IDA ROAD
CANAL L-32
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MOTOR LINES
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach County) to TRN
(Transitional) and rezoning from CG/SE (Commercial General/Special Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located on the west side of Military Trail
approximately 2010' south of Lake Ida Road.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to Annexation, FLUM amendments and Rezonings of any property
within the City.
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
of Tire Kingdom with frontage on Military Trail. The property is bound to the south by Sierra
Vista attached single family homes. To the west the property is bound by the Rockland Park
subdivision containing single family homes located along Conklin Drive; and to the east (across
Military Trail) by the High Point of Delray East Condo development. The subject property is
currently vacant and the applicant is proposing to build a 3-story self storage building with
associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development
activity includes approval of a special exception with the County via Resolution No. 80-836
which modified the zoning from AG (Agricultural District) to CS (Specialized Commercial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24, 1980 by the Board of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping and a contribution for a signal. This
development was never constructed.
The subject property continues to be under the jurisdiction of Palm Beach County but is in a
designated annexation area for the City of Delray Beach. The City has an Advisory land use
designation of MD (Medium Density Residential) on the property that allows for residential
development with a density between five and twelve units per acre. The applicant is seeking
City Water and is contiguous to the City limits to the east and north. The Commission policy is
that properties that are contiguous and request City services must annex into the City to receive
these services.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from County LR-3 to City GC and a Rezoning from CG/SE to SAD. The Analysis will first
include analysis of the Future Land Use.
Current land Use DesiQnation: The current County land use map designation for the property
is County LR-3 (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Reauested land Use Desianation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board Staff Reptllleeting of 01123/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 2
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall. not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future land Use Map amendment involves a 0.99 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment area
or traffic concurrency exception area. This amendment along with other small-scale amendment
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year
0.0 acres have been subject to the small scale amendment process and this 0.99 acres will
make a total of 0.99 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FlUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive
Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted
its Evaluation and Appraisal Report (EAR). To date the City has not submitted its EAR report
and does not anticipate submitting until June of 2006. Given this fact approval of this
amendment by the State is unlikely. After submission of the Evaluation and Appraisal Report
the City can submit pursuant to F.S. 163.3187(6)(g) amendments for up to one year before
required submittal of any EAR based amendments. Consequently, while the requested
annexation can be considered the application of a City Future land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County land Use
and Zoning designation would remain in force until such time as the amendments are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Staff Repe !Ieeting of 01123106
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 3
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area.
land Use Analysis:
Consistency Between the City and County land Use Desiqnations:
The proposed City Advisory Land Use Map Designation for the property is MD (Medium Density
Residential). The existing County Future Land Use Map Designation for the property is LR-3
(Low Residential - 3 du/ac). The City's MD Land Use Designation is consistent with the
County's LR-3 designation in that Low and Medium Density Residential development is allowed.
The proposed Land Use Designation of TRN (Transitional) while allowing both residential, office
and limited commercial is not consistent with the current City Advisory Land Use designation
MD nor the County's current designation of LR-3. The Transitional land use designation does
allows the establishment of uses which are compatible with adjacent residential uses i.e.
residential uses, however, these can more appropriately be accommodated by applying the
advisory designation of MD. The proposed land use designation TRN (Transitional), would allow
uses that are not consistent with the prevailing residential development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage building proposed
under the SAD ordinance is not an appropriate use and is also inconsistent with the City
Advisory Land Use designation MD.
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district for projects which are
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate the proposed self storage use would be industrial designations such as LI
(Light Industrial) and MIC (Mixed Industrial and Commercial) and limited GC (General
Commercial). Given this site locations and existing development pattern land use designations
of which would allow commercial or industrial development would be clearly inappropriate.
Adiacent land Use Map Desiqnations. ZoninQ Desiqnations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility
South: Multiple Family Residential - Low Density Sierra Vista Multiple Family Subdivision
(LD)
East: Residential Medium Density (RM) High Point of Delray East (Condo
Development)
West: Palm Beach County Agricultural Residential Rockland Park Single Family
(AR) Subdivision (AlonQ Conklin Drive)
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board Staff Repc Jleeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 4
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development - Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The
property to the east is known as High Point of Delray East Condo development.
It is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zoned GC (General Commercial). The property is developed and
contains an auto-repair and tire installation facility known as Tire Kingdom. Tire Kingdom was
established by Resolution NO.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04
approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom
facility is not consistent with the existing development pattern in the area it was given a City
Land Use designation of General Commercial to avoid creating a non-conforming structure that
has been in operation since March 5, 1985. Given the adjacent development pattern to the west
and south the advisory designation of MD is more appropriate. Therefore, a Future Land Use
Map designation of Transitional (TRN) and rezoning of Special Activities District (SAD) cannot
be supported.
Allowable land Uses:
Under the proposed SAD (Special Activities District) zoning designation all allowed uses are
establish at the time of the establishment of the SAD zoning designation. While SAD zoning is
deemed consistent with any land use designation on the Future Land Use Map, the uses
allowed within a specific SAD shall be consistent with the land use category shown on the
Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent
with the Comprehensive Plan, suitable and compatible with surrounding existing development,
and with the proposed character of the area. The Transitional land use designation is not
consistent with the proposed industrial/commercial development proposed under the SAD
Ordinance. The Transitional land use category is not consistent with the MIC, L1, GC zoning
districts which currently allow self storage uses.
Further, the proposed use is not consistent with the adjacent development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage facility at the gate of a
single family subdivision creates concerns with respect to compatibility with the existing
residential development, and its potential to negatively impact the character of the area.
Further, application of the SAD zoning designation is inappropriate given the intent of the
district which is to provide a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and categorized in the
MIC, LI and limited GC zoning district. To accommodate this type of use would require a land
use category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Staff Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLllM, and Rezoning
Page 5
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of Land Use 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, written materials submitted by the
applicant, 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 (FLUM), 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.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as shown
on the Future Land Use Map.
While the SAD zoning may be consistent with the proposed land use designation the
resulting uses are to be compatible with surrounding existing development and character of
the area. The resulting uses are not consistent with the adjacent development pattern to the
south, east, and west of the subject property, nor the residential character of the area.
Based on the above, positive findings cannot be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LR-3 to TRN (Transitional) on
a site, approximately 0.99 of an acre. The proposed FLUM Amendment to accommodate a
storage facility will result in an increase in some impacts on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste: The proposed 4-story building with 70,200 square feet of self storage floor
area generates 23.99 tons of solid waste per year (70,200 sq.ft x 5.2.12,000 Ibs. = 365,040
Ibs or 182.52 tons). This amount of solid waste can be accommodated by existing facilities
and thus, will not have a significant impact on this level of service standard. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals and existing facilities till the year 2024.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the east side of the subject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military
Trail, and also via an existing 8" sewer main located on the east side of the subject property
draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board Staff Rept \IIeeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 6
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's Advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the Advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
No data and analysis has been provided by the applicant to support this amendment.
Therefore a positive finding cannot be made. While the applicant may assert that the
proposed Transitional designation is of a similar intensity as the advisory MD this is not the
case since the transitional designation allows office and limited commercial uses in addition
to residential uses. Further by utilizing the SAD ordinance process the applicant will
introduce industrial or commercial type uses to the site. As previously stated office
commercial and industrial uses are inconsistent with the predominantly residential character
of the adjacent properties.
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 in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property is vacant and does not have any unique environmental characteristics
that would prohibit development of the site or require mitigation measures. The subject
property, if developed as a self storage facility will not be complimentary to the adjacent
uses located to the south and west (Sierra Vista and Rockland Park single family
subdivision along Conklin Drive). The proposed self storage facility will be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Light Industrial) zoning Districts.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Rep\ Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 7
The SAD is a unique district which requires submittal of a development plan concurrently
with the establishment of the SAD. This is required because unlike conventional zoning
designations some of the development standards are those which are set forth on the site
and development plan. The LDRs allow two alternative approval process; the first requires
processing of a complete site and development plan with at least preliminary engineering
plans. The second alternative processing option allows the proposed SAD to proceed to first
reading based on a design submission and prior to second reading requires that the site
development plan including landscaping and architectural plans be approved by Planning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen the second alternative for this application and the
following is an analysis of the associated sketch plan.
Pursuant to LDR Section 4.4.25 (D), the site plan submittal for the subject property shall
comply with the development standards as set forth in Section 4.3.4 of the LDRs except as
modified by the following requirements:
1) A minimum setback of fifteen feet shall be established around the perimeter of the
property. Within the front and any street side setback, the fifteen foot (15') setback area
shall be a landscape area and no pavement shall be allowed therein except for
pedestrian ways and driveways (or streets) which will provide access to the property and
which are generally perpendicular to the abutting street.
2) Setbacks for all interior spaces shall be as set forth on the site and development plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around
the perimeter of any property developed under the SAD designation. Within the front and
any side street setback, a 15 foot setback area shall be a landscape setback area and no
pavement shall be allowed therein except for pedestrian ways and driveways which provide
access to the property and which are generally perpendicular to the abutting street. The
proposed building location exceeds the building setback requirements. The new building
provides a 77' front, 20' side, and 25' rear setbacks.
Parkina
The applicant has provided sixteen (16) parking spaces with one being a handicap space.
Pursuant to LDR Section 4.3.3(A)(2)(c), parking shall be provided at a rate of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement maybe modified during the site plan
approval process if a sufficient number of storage units have direct vehicle access, and
internal driveways are designed to allow customers to safely park in front of their storage
unit without impeding internal circulation. Based on the proposed site plan modification a
total of 72,200 S.F of storage and office space, which equates to a total of 14 parking
required at one (1) per 5,000 S.F. The applicant has provided a total of 16 parking spaces
which exceeds the LDR requirement.
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall
the landscape area be less than ten feet (10').
Planning and Zoning Board Staff Repe lIeeting of 01123/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3.4(4)(J)(5), for special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for such a use within any SAD shall be specifically
set forth in the enacting ordinance of that specific SAD, provided that the SAD falls within
one of the geographical areas described in Subsection 4.3.4(J)(4)(i).
Pursuant to 4.4.25(E)(1), for the proposed Safe and Secure storage facility the
supplemental district regulations as set forth in Article 4.6 of the lDRs shall apply. Parking
and loading requirements (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10/12/93]
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. These parcels nor the
remaining subdivision do not technically meet the definition of an enclave as they are
contiguous to the west with Highpoint which is under County jurisdiction. However, while the
County has not yet responded it is anticipated that they will not support the annexation as
the annexation of this property will require that County personnel must drive through the
City to provide services to the residents of the Rockland subdivision.
Land Development Reaulations Governina Annexations:
Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiQnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future land Use Element Policy 8-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
Planning and Zoning Board Staff Rep. Meeting of 01123/06
Robotic Space Savers - Annexation, Fl.lJM, and Rezoning
Page 9
provided to other similar properties already in the City. Following is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 4. Zone 4 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the
day and 15 cars during the night; and as a consequence, response time is significantly
improved upon annexation. Annexation will not require additional manpower since the police
currently pass the property during routine patrolling to the north and east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
Streets: The subject property has direct access to Military Trail which is under the jurisdiction
of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change with annexation as both sides of the street will be within the City limits. However,
associated road maintenance will not change upon annexation.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614030020010 $22,650.00 $432.00 19.07285 23.725398 $537.38 $105.38
424614030020020 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020030 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020040 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
TOTAL $86,820,00 $1,656.00 19.07395 23.725398 $2,059.84 $403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board Staff Rept ,lIIeeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU
Palm Beach County Lib.
Palm Beach CO.LibDebt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach County
Palm Beach County Debt
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Everglades Const
City of Delray Beach
City of Delray Beach Debt
SUB-TOTAL
296.06
49.07
5.20
3.33
93.76
59.79
361.36
23.38
19.28
230.42
454.07
51.83
8.69
$1,656
3.199300 DELETE
0.540000 DELETE
0.040400 DELETE
0.038500
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100 Added (City)
0.533900 Added (City)
19.0739580iffetel'lce.
4.22030
0.00
0.00
0.00
3.33
93.76
59.79
420.73
23.38
19.28
230.42
454.07
51.83
8.69
$648.21
$46.35
$2,059.84
0.00
0.00
0.00
0.469640
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100
0.533900
23.725398
* Total tax mileage in the county is 19.0739 mills while in the city the total mileage is 23.7253 mills. Therefore the
difference is 4.2203 mills.
The current yearly ad valorem taxes are $1,656. With annexation the yearly ad valorem taxes
will be $2,059.84, (1656+403.84=2,059.84); a tax difference of $403.84. In addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is
available since the property is within the Lake Worth Drainage District. An additional 25% is
also available as drainage is retained on site.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)"
if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed
area for five years or the remainder of the franchise term whichever is shorter". As the waste
provider is currently the same this annexation will have no impact.
Resulting Impacts to the Property Owner:
Planning and Zoning Board Staff Repe. ~eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 11
+ $403.84
= 4.2203
$378.39
$299.62
$0.00
+ $1,081.85
Fire Response +
Emergency Medical +
Services EMS
Police +
Code Enforcement +
Faster response from an estimated 5.5
minutes (Coun ) to 2.5 minutes (Cit ).
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 patroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with prope owners.
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.4661 mills and debt rate
of 0.5339 mills, the property will generate approximately $403.84 in new ad valorem taxes per
year. Additional revenues will be realized through increased assessment value, the annual
collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
Ilr~DcI._~__"""_.
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $648.21
City of Delray Beach Debt (0.5339 Mills) $46.35
SUB-TOTAL $694.56
NON-AD VALOREM TAXES
Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $0.00
SUB-TOTAL $694.56
PARK AND RECREATION IMPACT FEE
$500 per dwelling $0.00
TOTAL $694.56
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activities District) while the current
County zoning designation is CG/SE (Commercial General/Special Exception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. This use is
Planning and Zoning Board Staff Rap Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses. The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns.
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Multiple Family Residential - Medium Density) to the east; City GC (General Commercial)
to the north; and City LD (Multiple Family Residential- Low Density) to the south.
Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "0" requires 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.
[Amd. Ord. 13-99 3/16/99]
The application of an initial zoning designation of SAD (Special Activities District) is not
consistent with the adjacent development pattern to the south, east, and west of the subject
property. The proposed storage facility creates concerns with respect to compatibility with the
surrounding existing development, and its potential to negatively impact the character of the
area. Therefore, the proposed Rezoning to Special Activities District (SAD) does meet the
requirements of LOR Section 3.2.2 (D) Standards for Rezoning Action and should be denied.
Further, pursuant to 4.4.25(A), the purpose and intent of the Special Activities District is to
provide a zone district which is appropriate for projects which are not otherwise classified or
cateqorized in other zone districts; or, which for some other reason, can not be properly
accommodated in the other zone districts. This use is classified and categorized in the MIC
zone district LI zone District and certain areas of GC (General Commercial) zoned district. To
accommodate a self storage facility under these zone designations would require a land use
category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residential nature of the adjacent land uses
those designations would clearly be inappropriate. By utilizing the SAD ordinance process the
applicant will introduce these industrial and/or commercial type uses to the site. As previously
stated office, commercial and industrial uses are inconsistent with the predominantly residential
character of the adjacent properties.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), 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.
Planning and Zoning Board Staff Repel lIeeting of 01/23/06
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 13
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
consistent with the proposed land use designation TRN (Transitional), the proposed uses within
the SAD are not of similar intensity as allowed in the Transitional Land Use designation which
would not accommodate conventional zoning designations which would accommodate a self
storage use.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On January 9, 2006 the Palm Beach County Planning Division was notified of the City's intent to
annex this property.
lake Worth Drainaae District:
On January 18, 2006 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On January 18, 2006, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o PROD (Progressive Residents of Delray)
o Carolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
o Gerald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
o High Point Delray West 2
o High Point Delray West 3
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Rep. Meeting of 01/23/06
Robotic Space Savers - Annexation, FUJM, and Rezoning
Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The proposed self
storage facility does create concerns with respect to compatibility with the surrounding existing
development, and with the character of the area. The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with Policy A-1.7 and Policy A-2.3 of the Comprehensive Plan, and does not
meet the requirements of LOR Section 3.2.2(0) Standards for Rezoning. Required findings with
respect to 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recommends the
subject property be annexed with a Future Land Use Map designation of MD (Medium Density
5-12 du/ac) and zoning designation of RL (Multiple Family Residential - Low Density). Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application as presented should be denied.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, 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(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial zoning designation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LOR Section
3.2.2.(0), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(0)(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUM Element
Policy A-1. 7 and Objective A-1.
Attachments:
· Location Map
· Conceptual Site Plan and Elevation
Staff Report Prepared by: Estefio Breto, Senior Planner
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D~ T. I;:IA~E~, CITY MANAGER
PAU~U~< DIRECTOR OF PLANNING AND ZONING
7r1~7Y1.
MARK MCDONN LL, AICP, ASSISTANT PLANNING DIRECTOR
MEETING OF JULY 11, 2006
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)
ARTICLE 4.7 "FAMILY WORKFORCE HOUSING", SUBSECTION 4.7.4.d TO
PROVIDE THE SAME NUMBER OF BONUS UNITS FOR "SALE" AND "RENTAL"
UNITS, SECTION 4.7.7. "FOR SALE HOUSING UNITS" TO ALLOW A RIGHT OF
FIRST REFUSAL TO THE COMMUNITY LAND TRUST, AND SUBSECTION
4.7.9.c.v. TO PROVIDE THAT PROPORTIONS OF "FOR SALE" TO "FOR RENT"
UNITS FOR PROJECTS THAT ARE FUNDED BY CERTAIN STATE FINANCING
PROGRAMS SHALL NOT NEED TO BE PROPORTIONAL AS LONG AS TWENTY
PERCENT OF THE "FOR SALE" UNITS ARE FOR WORKFORCE HOUSING.
The amendment proposes three new changes; the first would give the same density bonus for "for
sale" units as "rental units". Currently a greater bonus is given for ownership units. However, with the
recent rental unit conversion trend to condominium units additional incentives are necessary to
assure production of affordable rental units. The second change revises Section 4.7.9 to not require
similar proportions of "for sale" and "rental units" within a project when it is funded by state financing
programs and it contains at least 20% "for sale" workforce units. The third modification adds a
provision that the Community Land Trust (CL T) receives rights of first refusal on workforce housing
units developed on non-CL T owned lands.
At its meeting of June 19, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the text amendment. The Board then voted unanimously 6-0 (Chuck Halberg absent) to
recommend approval of the text amendment request to enhance the City's Workforce Housing
Program by providing additional incentives to create rental units, accommodating unique situations
related to publicly financed projects and providing the Community Land Trust the right of first refusal,
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).
By motion, move to approve the amendment to Land Development Regulations Article 4.7 "Family
Workforce Housing", more particularly Section 4.7.7, Subsection 4.7.4 d, and Subsection 4.7.9.c.v.
of the Land Development Regulations, 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
. Planning & Zoning Staff Report of June 19, 2006
\~~
ORDINANCE NO. 39-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, OF THE CITY OF DELRAY BEACH,
AMENDING ARTICLE 4.7, "FAMIL Y/wORKFORCE
HOUSING" AND ORDINANCE 18-06, BY AMENDING
SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT;
THE CARVER ESTATES OVERLAY DISTRICT AND THE
INFILL WORKFORCE HOUSING AREA; AND
SUBSECTION 4.7.4.d. TO PROVIDE THE SAME NUMBER
OF BONUS UNITS FOR "FOR SALE" AND RENTAL UNITS;
BY AMENDING SECTION 4.7.7, "FOR SALE HOUSING
UNITS" TO ALLOW A RIGHT OF FIRST REFUSAL TO THE
COMMUNITY LAND TRUST; BY AMENDING SECTION
4.7.9, "GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v.,
TO PROVIDE THAT PROPORTIONS OF "FOR SALE" TO
"FOR RENT" UNITS FOR PROJECTS INCLUDING "FOR
SALE" AND "FOR RENT" UNITS THAT ARE FUNDED BY
CERTAIN STATE FINANCING PROGRAMS SHALL NOT
NEED TO BE PROPORTIONAL SO LONG AS TWENTY
PERCENT OF THE "FOR SALE" UNITS ARE FOR
WORKFORCE HOUSING; BY AMENDING SECTION
4.7.11, "DENSITY BONUS TABLES TO ELIMINATE THE
BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND
"FOR RENT" UNITS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission desires to amend its Family/Workforce
Housing Ordinance to provide density bonus parity between "for sale" and "for rent"
workforce housing units as both are needed within the City; and
WHEREAS, the City Commission desires units funded by the Florida Housing
Financial Corporation's Housing Credit or SAIL Programs to be allowed to deviate from
certain proportionality requirements while developing rental and "for sale" units, as long
as twenty percent of for sale units include workforce housing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.7, "Family/Workforce Housing" of the Land
Development Regulations and Ordinance 18-06 is hereby amended by amending
Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay
District; the Carver Estates Overlay District and the I nfill Workforce Housing Area"
amending subsection 4.7.4.d to read as follows:
SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER
ESTATES OVERLAY DISTRICT AND THE INFILL
WORKFORCE HOUSING AREA
Developers of property in the Southwest Neighborhood Overlay District, the
Carver Estates Overlay District and the Infill Workforce Housing Area, that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
a. The size of the bonus varies based on several factors including:
L Affordability (Le., homes affordable to very low, . low, or
moderate income families)
iL Home Size (Le., workforce housing units with four or more
bedrooms are awarded larger bonuses)
iiL Ownership versus Rental (Le., larger bonuses are awarded
for workforce housing units offered for sale to low and
very-low income families and larger bonuses are awarded
for ownership versus rental units.)
b. To be eligible for bonus units, developers must meet one or more of
the following criteria:
L A designated number of the total units are restricted to very
low income households, and/or
iL A designated number of the total units are restricted to low
income households, and/or
iiL A designated number of the units are restricted to moderate
income households
c. Workforce housing units may be located off-site provided the off-
site location chosen is within the City of Delray Beach.
2
ORD. NO.39-06
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL
WORKFORCE HOUSING AREA AND THE CARVER ESTATES
OVERLAY DISTRICT
OPTION SALE I RENT
NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
4
3
2
VERY LOW 60%
LOW 80% - 61 %
MODERATE 120% - 81 %
OPTION
RENT
NUMBER OF BONUS UNITS PER
'NORKFORCE UNIT PROVIDED
VERY LO'N 60%
LO'.^J 80% 61 %
MODERATE 120% 81 %
3
2
1
LARGE HOME OPTION
4+ bedroom workforce housing
units
Additional 0.5 bonus will be added to the
bonus provided above in this chart
Section 2. That the Land Development Regulations, Article 4.7,
"Family/Workforce Housing" and Ordinance 18-06 is hereby amended by amending
Section 4.7.9.c.v. to read as follows:
c. The developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate
housing unit types. The following conditions must be met:
i. The proportion of 2 bedroom workforce units to total
workforce units may not exceed the proportion of 2 bedroom
market rate units to total market rate units.
ii. The proportion of 3 bedroom workforce units to total
workforce units must meet or exceed the proportion of 3
3 ORD. NO.39-06
bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iii. The proportion of 4+ bedroom workforce units to total
workforce units must meet or exceed the proportion of 4+
bedroom market rate units to total market rate units.
iv. If the development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc), the
proportion of workforce units of each type to total workforce
units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
v. If the development includes both for sale and for rent units,
the proportion of for rent workforce units to for sale
workforce units must not exceed the proportion of for rent
market rate units; provided however if the workforce housinq
units are funded under Florida HousinQ Finance
Corporation's Housinq Credit or SAIL Proqrams. the
proportionality requirement herein stated shall not apply if
the development provides at least twenty percent (20%) of
the "for sale" units as workforce housinq units.
vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the
Southwest 10th Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for
initial sale in an amount not to exceed $225,000.00 and 25%
of the workforce housing units may be 2 bedroom units
offered at the low income affordability rate.
Section 3. That Article 4.7, "Family Workforce Housing" of the Land
Development Regulations and Ordinance 18-06 is hereby amended by amending
Section 4.7.7.a to read as follows:
SECTION 4.7.7 FOR SALE HOUSING UNITS
a. All deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit
is part of a workforce housing program and subject to Section 4.7 of
the Land Development Regulations of the City. All deeds to buyers
of workforce housinq units shall contain restrictive covenants
providinq that the Community Land Trust shall have the riqht of first
refusal to purchase the workforce housinq unit on the same terms
and conditions as a prospective buyer. The restrictive covenant
4
ORD. NO.39-06
shall qive the Community Land Trust fifteen (15) business days to
enter into a contract to purchase the property on the same terms
and conditions as the prospective buyer.
Section 4. That Article 4.7, "FamilylWorkforce Housing of the Land
Development Regulations and Ordinance 18-06 is hereby amended by repealing
Section 4.7.11, "Density Bonus Tables" and enacting a new Section 4.7.11, "Density
Bonus Tables" to read as follows:
4.7.11 DENSITY BONUS TABLES
a. The Density Bonus Tables shown below are provided to illustrate
bonus densities under various parcel sizes, unit types and income
eligibility; however, the density bonus allocations contained in Table
1 shall control densities in the Southwest Neighborhood Overlay
District, the Infill Workforce Housing Area, and the Carver Estates
Overlay District.
5
ORD. NO,39-06
Workforce Housing Program Density Bonus Allocations
Southwest Neighborhood & Carver Estates Overlay Districts
2-3 Bedroom Units
Very-Low Income
(4 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 9 3 12 24 12.5%
1.5 18 36 14 4 16 34 11.8%
2 24 48 18 6 24 48 12.5%
2.5 30 60 23 7 28 58 12.1%
3 36 72 27 9 36 72 12.5%
3.5 42 84 32 10 40 82 12.2%
4 48 96 36 12 48 96 12.5%
Low Income
(3 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Moderate Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
6
ORO. NO.39-06
Workforce Housing Program Density Bonus Allocations
Southwest Neighborhood & Carver Estates Overlay Districts
4+ Bedroom Units
Very-Low Income
(4.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 10 2 9 21 9.5%
1.5 18 36 14 4 18 36 11.1%
2 24 48 19 5 22 46 10.9%
2.5 30 60 24 6 27 57 10.5%
3 36 72 28 8 36 72 11.1%
3.5 42 84 33 9 40 82 11.0%
4 48 96 38 10 45 93 10.8%
Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Moderate Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
7
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Intill Workforce Housing Area
2-3 Bedroom Units
Very-Low Income
(4 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 4 1 4 9 11.1%
1 12 18 11 1 4 16 6.3%
1.5 18 27 16 2 8 26 7.7%
2 24 36 21 3 12 36 8.3%
2.5 30 45 27 3 12 42 7.1%
3 36 54 32 4 16 52 7.7%
3.5 42 63 37 5 20 62 8.1%
4 48 72 42 6 24 72 8.3%
Low Income
(3 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 3 9 11.1%
1 12 18 10 2 6 18 11.1%
1.5 18 27 15 3 9 27 11.1%
2 24 36 20 4 12 36 11.1%
2.5 30 45 25 5 15 45 11.1%
3 36 54 30 6 18 54 11.1%
3.5 42 63 35 7 21 63 11.1%
4 48 72 40 8 24 72 11.1%
Moderate Income
(2 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 2 8 12.5%
1 12 18 9 3 6 18 16.7%
1.5 18 27 14 4 8 26 15.4%
2 24 36 18 6 12 36 16.7%
2.5 30 45 23 7 14 44 15.9%
3 36 54 27 9 18 54 16.7%
3.5 42 63 32 10 20 62 16.1%
4 48 72 36 12 24 72 16.7%
8
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Infill Workforce Housing Area
4+ Bedroom Units
Very-Low Income
(4.5 units Der 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 4 1 4 9 11.1%
1 12 18 11 1 4 16 6.3%
1.5 18 27 16 2 9 27 7.4%
2 24 36 22 2 9 33 6.1%
2.5 30 45 27 3 13 43 7.0%
3 36 54 32 4 18 54 7.4%
3.5 42 63 38 4 18 60 6.7%
4 48 72 43 5 22 70 7.1%
Low Income
(3.5 units Der 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 3 9 11.1%
1 12 18 11 1 3 15 6.7%
1.5 18 27 16 2 7 25 8.0%
2 24 36 21 3 10 34 8.8%
2.5 30 45 26 4 14 44 9.1%
3 36 54 31 5 17 53 9.4%
3.5 42 63 36 6 21 63 9.5%
4 48 72 41 7 24 72 9.7%
Moderate Income
(2.5 units Der 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 2 8 12.5%
1 12 18 10 2 5 17 11.8%
1.5 18 27 15 3 7 25 12.0%
2 24 36 19 5 12 36 13.9%
2.5 30 45 24 6 15 45 13.3%
3 36 54 29 7 17 53 13.2%
3.5 42 63 34 8 20 62 12.9%
4 48 72 39 9 22 70 12.9%
9
ORO. NO.39-06
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 7. 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
10
ORD. NO.39-06
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
JUNE 19,2006
IV.C.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING", SUBSECTION 4.7.4.d TO PROVIDE THE
SAME NUMBER OF BONUS UNITS FOR "SALE" AND "RENTAL" UNITS,
SECTION 4.7.7. "FOR SALE HOUSING UNITS" TO ALLOW A RIGHT OF
FIRST REFUSAL TO THE COMMUNITY LAND TRUST, AND
SUBSECTION 4.7.9.c.v. TO PROVIDE THAT PROPORTIONS OF "FOR
SALE" TO "FOR RENT" UNITS FOR PROJECTS THAT ARE FUNDED BY
CERTAIN STATE FINANCING PROGRAMS SHALL NOT NEED TO BE
PROPORTIONAL AS LONG AS TWENTY PERCENT OF THE "FOR
SALE" UNITS ARE FOR WORKFORCE HOUSING.
The item before the Board is that of making a recommendation to the City Commission regarding
City-initiated amendments to the Land Development Regulations to accommodate revisions to the
City's Workforce Housing Program.
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.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program was expanded with amendments passed in March, 2006
to provide additional opportunities and incentives for the provision of workforce housing. Major
revisions included establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area and included increasing the maximum density from 12 units per acre to 24
units per acre within the Carver Estates Overlay District. The amendments included adding
references to the newly created Delray Beach Community Land Trust, increasing the affordability time
frames from 30 to 40 years, allowing lots of record between 40 feet and 50 feet to be developed for
workforce housing and requiring provision of workforce housing with increased density or height.
The amendment proposes three new changes; the first would give the same density bonus for "for
sale" units as "rental units". Currently a greater bonus is given for ownership units. However, with the
recent rental unit conversion trend to condominium unit's additional incentives are necessary to
assure production of affordable rental units. The second change revises Section 4.7.9 to not require
similar proportions of "for sale" and "rental units" within a project when it is funded by state financing
programs and it contains at least 20% "for sale" workforce units. The third modification adds a
IV.C.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 2
provision that the Community Land Trust (CL T) receives rights of first refusal on workforce housing
units developed on non-CL T owned lands.
REQUIRED FINDINGS
LOR 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.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
Future Land Use Element Obiective A-7
To encourage the provision of workforce housing in the City, the following policies shall be
implemented.
Policy A-7.1: The maximum density may be increased within the Medium Density, General
Commercial and Transitional Future Land Use designations through the Workforce Housing "Density
Bonus Program". The concept is that for every workforce housing unit that a developer builds, a
calculated number of market rate units greater than would be allowed otherwise may be built.
Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map.
The maximum density within these districts shall be as follows:
. The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum
density of 24 units per acre.
. The SW 1 dh Street Overlay District shall have a maximum density of 12 units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per acre.
Policy A-7.3: Residential Density may not be increased on any property located within the Coastal
High Hazard Area through density bonuses in the Workforce Housing Program.
Policy A-7.4: All Workforce Housing Units, constructed under the Family/Workforce Housing
Program, shall remain affordable for a period of no less than thirty (30) years commencing from
the date of initial occupancy of the unit.
This Future Land Use Element Objective and supporting Policies were added as a text amendment
included with Comprehensive Plan Amendment 2005-2. The purpose of the text amendment was to
support expansion of the existing Workforce Housing Program. The proposed revisions to the Land
Development Regulations are to implement this objective and policies.
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed and
updated, to provide streamlining of processes and to accommodate planned unit developments
(PUD), mixed-use developments, and other innovative development practices.
Planning and Zoning Board Memorandum Staff Report, June 19,2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 3
The proposed amendments to the Land Development Regulations are to support the City's innovative
Workforce Housing Program, by encouraging developers to provide affordable housing through a
series of incentives, including increased density and building height.
Housina Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an adequate
supply of housing to accommodate very low, low, and moderate income households, as well as
manufactured and mobile homes.
Housina 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.
The proposed amendments will further these objectives and policies. The goal of this program is to
encourage the provision of housing which is affordable to very low to moderate income households
through the use of incentives.
Based on the above, a positive finding can be made that the amendments are consistent with and
further the Goals, Objectives, and Policies of the Comprehensive.
Courtesv Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning
Board meeting.
The purpose of this City-initiated LOR text amendment is to enhance the City's Workforce Housing
Program by providing additional incentives to create rental units, accommodating unique situation
related to publicly financed projects and providing the Community Land Trust the right of first refusal.
The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 4
Move to recommend to the City Commission approval of the City-initiated amendments to Article 4.7
"Family Workforce Housing", more particularly Section 4.7.7, Subsection 4.7.4 d, and Subsection
4.7.9.c.v. of the Land Development Regulations, 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 Ordinance