12-12-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. December 12. 2006
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
A. Martin Luther King, Jr. Day - January 15,2007
7. PRESENTATIONS:
A. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL BOUNDARY PLAT APPROVAL/HARTMAN TOWNHOUSES
PLAT: Approve the boundary plat for the Hartman Townhouses Plat, located on the
northwest comer ofN.E. 3rd Street and N.E. 7th Avenue.
B. CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/ ALMAZAN
BROTHERS. INC.: Approve Change Order No.2 in the amount of a $9,496.00
decrease and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for
completion of the Royal Palm Drive Road Reconstruction Project. Funding is available
from 334-3162-541-65.84 (General Construction Fund/Capital Outlay/Royal Palm
Drive).
C. FIRST AMENDMENT /2002 PALM BEACH COUNTY RECREATION
CULTURAL FACILITIES BOND/INTRACOASTAL WATERWAY PARK:
Approve a First Amendment to the Interlocal Agreement between the City and Palm
Beach County for increased funding for the Intracoastal Waterway Park Project
(Mangrove Park). The amendment increases the total County Bond funding from an
amount not to exceed $1,000,000.00 to an amount not to exceed $2,000,000.00, and
increases the required City match from $1,152,240.00 to $1,606,008.00.
12-12-2006
- 2 -
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with two (2) sub-recipients (Community Child Care Center
d/b/a Achievement Centers for Children and Families and the Urban League of Palm
Beach County, Inc.) under the Community Development Block Grant (CDBG)
program for FY 2006-2007, with the total funding in the amount of $84,620.00 from
various accounts within the CDBG fund.
E. LEASE AGREEMENT FOR TEMPORARY PARKING/PINEAPPLE
GROVE. L TD: Approve a lease agreement between the City of Delray Beach and
Pineapple Grove Ltd. allowing the City to use the vacant property, located at 105 -115
N.E. 151 Street for public parking purposes until March 31, 2007.
F. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Mr. Peter
Perri, representative of the West Atlantic Redevelopment Coalition and Reginald Cox as
the alternative representative for two (2) year terms ending September 30, 2008.
G. ADOPTION OF THE DELRAY BEACH PARKING MASTER PLAN:
Approve and adopt the Delray Beach Parking Master Plan.
H. AMENDMENT NO. 1/S0UND INVESTMENTS BY l.W. INC.lPRO Dvn
MAKERS: Approve Amendment No.1 to the agreement between the City and Sound
Investments by j.W., Inc. d/b/a Pro Dvn Makers in the amount of $24,000.00 per year
for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other
Repair/Maintenance Costs).
I. LICENSE AGREEMENT/BLOCK 77 DEVELOPMENT GROUP. L.C.:
Approve a license agreement between the City and Block 77 Development Group, L.c.
for the temporary use of two parcels (Lot 19, Block 69 and portions of Lots 10 and 11,
Block 77) to accommodate parking for the general public, located on S.E. 1 51 Avenue
just south of Atlantic Avenue.
j. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 4, 2006 through December 8, 2006.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Bermuda Services, Inc. in the amount of $52,268.33 for irrigation
and landscape improvements to the Chatelaine Subdivision, in connection with
the Strategic Task Team Initiative. Funding is available from 334-6130-541-
63.89 (General Construction Fund/Neighborhood Enhancement Expenditure).
12-12-2006
- 3 -
2. Bid award to Gator Landscaping in an estimated annual cost of $44,182.00 for
the landscape maintenance of the Stormwater Retention Areas and Improved
Water Retention Areas. Funding is available from 448-5416-538-34.90
(Stormwater Utility Fund/Other Contractual Services).
3. Bid award to West Construction, Inc. in the amount of $144,007.05 for
construction of the Rosemont Park Improvements, in the' Rosemont
neighborhood located between S.W. 5th Avenue and S.W. 4th Avenue. Funding
is available from 334-4131-572-65.89 (General Construction
Fund/Neighborhood - S.W. 6th Street - Rosemont) and 441-5161-536-65.89
(Water/Sewer Fund/ Neighborhood - S.W. 6th Street - Rosemont).
4. Bid award to various vendors for pipe fittings and accessories for the City
Utilities Warehouse and Construction Division at an estimated annual cost of
$231,076.79. Funding is available from various departmental operating budgets
and construction projects.
5. Bid award to Signature Systems, LLC in the amount of $18,936.45 for 8,000
square feet of Event Deck to be used to cover one clay court for use for Tennis
and other events. Funding is available from 001-4210-575-63.90 (General
Fund/Other Improvements).
6. Purchase award to Americas Generators, Inc. in the amount of $295,057.96 for
the purchase of large fixed and portable generators to power various Sanitary
Lift Stations, Storm Water Pump Stations, and the North Water Re-pump
Facility during power outages. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment),
441-5161-536-64.90 (Water/Sewer Fund/Other Machinery/Equipment) and
448-5461-538-68.18 (Storm Water Utility Fund/Storm Water Pump Station
Rehabilitation) .
9. REGULAR AGENDA:
Ao WAIVER REOUESTS/346 N.W. 7th AVENUE: Consider waiver requests to Land
Development Regulations (LDR) Section 4.3.4(K), "Development Standards Mattix" to
reduce the lot frontage, lot width and lot size for two (2) proposed lots, located at the
southwest comer of N.W. 41h Street and NoW. 71h Avenue (346 N.W. 7th Avenue).
(Quasi-Judicial Hearing)
B. WAIVER REOUEST /510 SEAGATE DRIVE: Consider a request for waiver of
Land Development Regulations (LOR) Section 6.1.3(D)(1)(b), "Sidewalks" associated
with a two-story addition to an existing single family residence, located at 510 Seagate
Drive, within the Beach Overlay District. (Quasi-Judicial Hearing)
c. WAIVER REOUEST /SUN AMERICAN BANK: Consider a request for waiver of
Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to
allow a temporary pre-fab building for Sun American Bank, located on the north side of
S.E. 61h Street, between S.Eo 5th Avenue and S.E. 61h Avenue. (Quasi-Judicial Hearing)
12-12-2006
- 4 -
D. WAIVER REQUEST/OLD NEAL'S MARKET/A TO Z AUTOMOTIVE:
Consider a request for waiver of Land Development Regulations (LDR) Section
2.4.6(F)(3)(e), "Temporary Parking Lots", to allow temporary parking in the lot located
at the comer of N.E. 1st Street between N.E. 1'1 Street and N.Eo 2nd Avenue. (Quasi-
Judicial Hearing)
E. DISCUSSION /2007 ANNUAL TOWN HALL MEETING: Provide direction
regarding the 2007 Annual Town Hall Meeting.
Fo FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed perfonnance measures for FY 2007 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
G. CREATIVE CITY COLLABORATIVE: Consider the establishment of a Creative
City Collaborative Organizational/Incorporation Committee and provide direction on
its formation and tasks.
H. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider
approval of the final Housing Assistance and Development Agreement between
Midtown Delray, LLC and the City of Delray Beach, Delray Beach Community Land
Trust, Inc., and the Delray Beach Chamber of Commerce for the development of
workforce housing.
I. BID AWARDS/MULTIPLE VENDORS: Consider approval of multiple bid
awards in an estimated annual cost of $102,000.00 for the purchase and delivery of
various medical and drug supplies for the Fire Department via Bid #2006-43. Some of
the recommended bid awards are not to the lowest bidder. Funding is available from
001-2315-526-52.20 (General Fund/General Operating Supplies) FY 2007.
J. AGREEMENT/UNITED STATES TENNIS ASSOCIATION INC.(USTA)/
FED CUP TIE: Consider approval of a Host Facility Agreement with the United
States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the Tennis
Center on April 21-22, 2007.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations (LOR) which intend
to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments are primarily based on
recommendations provided by REG Architects, the consultants hired during the
moratorium to find resolutions to the recent concerns over the level and type of
development affecting historic preservation efforts within all five (5) of the City's
historic districts. If passed, a public hearing will be scheduled for January 2, 2007.
(This ordinance is postponed to provide the Historic Preservation Board the
opportunity to make recommendations and staff has asked REG Architects, Inc.
to test the proposed guidelines on certain homes in the historic districts.)
12-12-2006
- 5 -
B. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations enacting Section
4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide for
regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a
Conditional Use within the Medium Density Residential (RM), General Commercial
(GC), Central Business District (CBD), Professional and Office District (POD),
Residential Office (RO), Community Facilities (CF) and Old School Square Historic
Arts District (OSSHAD) zoning districts; amending Appendix "A", "Definitions", to
provide a definition for "Day and Night Treatment with Community Housing". If
passed, a public hearing will be scheduled for January 2, 2007.
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. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 8, 2006
12-12-2006
- 6 -
WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in
Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy
the freedom guaranteed every citizen under the United States Constitution;
and
WHEREAS, January 15, 2007, will be observed as Martin Luther
King, Jr. Day in honor of the memory and ideals of Dr. King; and
WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain
equality of opportunity for all Americans; and
WHEREAS, Dr. King was instrumental in the advancement of
equality for all Americans; and
WHEREAS, January 15th should serve as a reminder to each of us of
the sacrifices made by some Americans in order to secure the rights of all
Americans.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim
January 15, 2007 as
MARTIN LUTHER KING, JR. DAY
in the City of Delray Beach, and urge all citizens to reflect upon the efforts
and sacrifices made by Dr. King on behalf of all Americans and join in the
celebration of his contributions to the struggle for peace and freedom for
our nation and throughout the world.
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 12th
day of December, 2006.
JEFF PERLMAN
MAYOR
of-
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TO:
THRU:
FROM:
SUBJECT:
DAVIDT.HAR ,~~
PAUL DORLlNG, AICP, DIRECTOR ~f\ANNING A~ONING
ESTELlO BRETO, SENIOR PLANNER ~. ~O~ \
MEETING OF DECEMBER 12, 2006
SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION
PROGRAM
The Site Plan Review and Appearance Board (SPRAB) is conducting its 15th Annual Award Recognition
Program. The awards are given to those property owners and their design teams who have significantly
contributed to the beauty of the community through creative design or renovations to existing properties.
Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy
during the fiscal year (October 1, 2005 - September 30, 2006). The SPRAB awards will be presented to
the recipients mentioned below at the City Commission meeting.
This year's design categories and recipients include:
NEW COMMERCIAL DEVELOPMENT
NEW INDUSTRIAL DEVELOPMENT
Coral Trace Office Park
~ MAS Development Corporation,
(Owner/Developer)
~ Steven Schwortz (Architect)
~ Kimberly Moyer (Landscape Architect)
Wallace Drive Commerce Center
~ Jim Zengage (Owner)
~ Jaime Mayo (Architect)
~ Dave Bodker (Landscape Architect)
NEW RESIDENTIAL REDEVELOPMENT
NEW PUBLIC BUILDINGS
Downtown Lofts
~ Francisco Perez-Azua (Architect)
~ Carol Borough Perez (Landscape Architect)
Catherine Strong Park
~ City of Delray Beach, Joe Weldon, Director of
Park and Recreation (Owner/Developer)
~ Digby Bridges (Architect)
~ Richard Durr (Landscape Architect)
NEW DOWTOWN RESIDENTIAL DEVELOPMENT
Co-Winners
WALL SIGNAGE
The Meridian
~ Cary Glickstein, (Owner/Developer)
~ Rustem Kuppi (Architect)
~ Debora Turner (Landscape Architect)
126 Gleason Street
~ Jeffrey Silberstein (Owner/Developer)
~ Jeffrey Silberstein (Architect)
~ Debora Turner (Landscape Architect)
Maroone Nissan
~ Mike Ochoa (General Manager)
~ Paul Yesbeck (Sign Contractor)
EXTERIOR RENOVATIONS
Legacy Bank
~ Bradley Meredith and Dennis Bedley (Owners)
~ Jess Sowards (Architect)
~ Debora Turner (Landscape Architect)
7R
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER !J/'I\,
AGENDA ITEM # ~. \\ - REGULAR MEETING OF DECEMBER 12. 2006
FINAL PLAT APPROVAL/HARTMAN TOWNHOUSES PLAT
TO:
SUBJECT:
DATE:
DECEMBER 8, 2006
This is before the Commission to approve the final boundary plat for the Hartman Townhouses
Plat, located on the northwest comer ofN.E. 3rd Street and N.E. 7th Avenue.
The property is a re-plat of Lot 13 and Lot 14 of Block 113, Highland Park.
This is a final boundary plat processed as a minor subdivision. All technical and staff comments
have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for the Hartman Townhouses.
S:\City Clerk\AGENDA COVER MEMOS\Final Plat Agenda Memos\FinaI Plat Hartman Townhouses 121206.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO: David T. Harden, City Manager
FROM: Timothy Tack, E.I., Project Manager ESD/CRA
DATE: December 06,2006
SUBJECT: Hartman Townhouses Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Hartman Townhouses
Plat, a proposed boundary plat. This property is a replat of Lots 13 and 14 of block
113, Highland Park, as recorded in Plat Book 2, Page 79, Palm Beach County Records,
being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida.
This property is located on the northwest corner of N.E. 3rd Street and N.E. ih Ave.
This is a Final Boundary Plat processed as a minor subdivision, therefore, it is
forwarded directly to City Commission for final action (no other board review was
necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the December 12, 2006 Commission
Agenda for approval.
Thanks!
1J7t
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Scott Zubek, Senior Planner
Lanelda Gaskins, Executive Assistant/Agenda
T AC File
Agenda File, October 10, 2006
S:IEngAdminlTACIHartman Town Houses (302 NE 7th Ave) (aka 7th Ave Town Homes)12006 Dee 12 agenda
memo. doc
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~~ CITY of DELRAY BEACH HARTMAN TOWNHOUSES DATE: 10/09/2006
~; ENVIRONMENTAL SERVICES DEPARTMENT LOCATI ON MAP HI.'Hl/AH 10'll<HIlffS LIXllAP
434 SOlTTH SWINTON AVENUE, DELRAY BEACH, FLOAOA 33444 2006-200 1 OF 1
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Date: 12 December 2006
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 12 December 2006
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the Hartman Townhouses Plat, a proposed boundary
plat. This property is a replat of Lots 13 and 14 of block 113, Highland Park, as recorded in
Plat Book 2, Page 79, Palm Beach County Records, being in Section 16, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County, Florida.
Staff Recommendation: AllllroVal~ ~
Department Head Signature: ( l ·
rt - '" --06
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agench1: r!fJ I No Initials: ~1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Hartman Town Houses (302 NE 7th Ave) (aka 7th Ave Town Homes)\2006 Dee 12 agenda. doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~. ~ - REGULAR MEETING OF DECEMBER 12, 2006
CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/ALMAZAN
BROTHERS. INC.
TO:
FROM:
DATE:
DECEMBER 8, 2006
This is before Commission to approve Change Order No.2 in the amount of a $9,496.00 decrease
and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for completion of the Royal
Palm Drive Road Reconstruction Project.
Funding is available from 334-3162-541-65.84 (General Construction Fund/Capital Outlay/Royal
Palm Drive).
Recommend approval of Change Order No.2 in the amount of a $9,496.00 decrease and final
payment in the amount of $11,505.20 to Almazan Brothers, Inc. for completion of the Royal Palm
Drive Road Reconstruction Project.
S:\City Clerk\AGENDA COVER MEMOS\Contract Addition\CO 2 CC Almazan Royal Palm Dr 121206.doc
MEMORANDUM
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, Environmental Services Director~
Carolanne Kucmerowski, Construction Management Technician @
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF DECEMBER 12, 2006
CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/ ALMAZAN
BROTHERS. INC.
DATE:
December 5, 2006
This item is before the Commission to approve Change Order No. 2/Final (Contract Closeout) in the
net deduct amount of (-$9,496.00) and final payment in the amount of $11,505.20 to Almazan
Brothers, Inc. for completion of the Royal Palm Drive Road Reconstruction Project.
The change order includes plus and minus quantity adjustments; and additional services required to
complete Project #2004-002. All changes for the project are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received. Residual funds to be
liquidated from Purchase Order #634989 to funding account 334-3162-541-65.84 (General
Construction Fund/Capital Outlay/Royal Palm Drive).
Staff recommends approval of Change Order No. 2/Final (Contract Closeout) in the net deduct
amount of (-$9,496.00) and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for
completion of the Royal Palm Drive Road Reconstruction Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 12/12106
File 2004-002 (A)
S:lEngAdminlProject5\2004\2004-OO2\OFFICIAL\Ahnazan CO 2 Final Agd Mem GC 121206.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
2 / Final
PROJECT NO. 2004-002
DATE:
Royal Palm Drive Road Reconstruction
TO CONTRACTOR: Almazan Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -11.15%
TOTAL PER CENT INCREASE TO DATE +29.87 %
$85,120.00
$34.928.00
$120,048.00
($9.496.00)
$110,552.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Almazan Brothers, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:. 334-3162-541-65.84
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
ATTEST:
By:
APPROVED:
City Attorney
City Clerk
S:\EngAdminlProjects\2004\2004-OO2\OFFICIALIAhnazan co 2 Final GC 121206.OOc
SCHEDULE "A'
TO CHANGE ORDER NO. 2/ FINAL
ALMAZAN BROTHERS, INC.
ROYAL PALM DRIVE ROAD RECONSTRUCTION
PROJECT #2004-002
CONTRACT AWARD CONTRACT TO DATE
EST. UNIT EXTENDED ACTUAL UNIT EXTENDED
Item Description Unit QUANT. PRICE PRICE QUANT. PRICE PRICE
1 Mobilization LS 1 $12,000.00 $12,000.00 1 $12,000.00 $12,000.00
2 Maintenance of Traffic LS 1 $2,500.00 $2,500.00 1 $2,500.00 $2,500.00
3 Clearing and Grubbing LS 1 $15,000.00 $15,000.00 1 $15,000.00 $15,000.00
4 1-1/2" Tvoe S-3 Asohalt SY 1200 $10.00 $12,000.00 1,178 $10.00 $11,780.00
5 8" Limerock Base SY 1300 $12.00 $15,600.00 1,177 $12.00 $14,124.00
6 12" Stabilized Subl!l1lde SY 1400 $4.00 $5,600.00 1,177.0 $4.00 $4,708.00
7 Pavement Markings & Signage LS 1 $500.00 $500.00 1 $500.00 $500.00
8 Asphalt Driveway Apron SY 133 $30.00 $3,990.00 151 $30.00 $4,530.00
9 Swale Gradine & Soddine SY 1300 $7.00 $9,100.00 846 $7.00 $5,922.00
10 Concrete Drive Apron (6" thick) SF 262 $10.00 $2,620.00 275 $10.00 $2,750.00
11 As-Built Record Drawings LS 1 $1,800.00 $1,800.00 1 $1,800.00 $1,800.00
12 Utilitv Allowance LS 1 $4,000.00 $4,000.00 0 $4.000.00 $0.00
13 Video allowance LS 1 $400.00 $400.00 0 $400.00 $0.00
14 Indemnification LS 1 $10.00 $10.00 1.0 $10.00 $10.00
$75,624.00
ORIGINAL CONTRACT TOTALS
$85,120.00
QUANTITIES
ADJ. ( + I . )
$0.00
$0.00
$0.00
($220.00)
($1,476.00)
($892.00)
$0.00
$540.00
($3,178.00)
$130.00
$0.00
($4,000.00)
($400.00)
$0.00
($9,496.00)
$34,928.00 I
$34,928.00 I $34,928.00 I ~
I $34.928.00 I
SUB.TOTAL PREVIOUSLY APPROVED CHANGES
$120,048.00
$110.552.00
I CHANGE ORDER NO. 2J FINAL I
Quantities Adjustment (lIsted above)
FINAL CONTRACT TO DATE
($9,496.00)
$110,552.00
CONTRACT SUMMARY
Original Contract Amount
Previously Approved Changes
Sub.Total
Final Contract To Date
$85,120.00
+ $34,928.00
$120,048.00
$110,552.00
Total Change Order NO.21Final
($9,496.00)1
($9,496.00)
12/5/2006
Agenda Item NO.:<6. ~
AGENDA REQUEST
DATE: December 5,2006
Request to be placed on:
--1L- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: DECEMBER 12. 2006 Commission Meeting
Description of item (who, what, where, how much):
This item is before the Commission to approve Change Order No. 2/Final (Contract Closeout) in the net
deduct amount of (-$9,496.00) and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for
completion of the Royal Palm Drive Road Reconstruction Project.
The change order includes plus and minus quantity adjustments; and additional services required to complete
Project #2004-002. All changes for the project are itemized on the attached Schedule "N. The project is
complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase
Order #634989 to funding account 334-3162-541-65.84 (General Construction Fund/Capital Outlay/Royal
Palm Drive).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation: Staff recommends approval of Change Order No. 2/Final (Contract Closeout) in the net
deduct amount of (-$9,496.00) and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for
completion of the Ro I Palm Drive Road Reconstruction Project.
Department Head
Signature:
(~ (,. -o~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (requ'
Funding availabi~ ~
Funding alternatives N/A
Account No. & Description:
334-3162-541-65.84
General Construction Fund/Capital Outlay/Royal Palm Drive
City Manager Review: & ~
Approved for agenda: 1NO
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminlProjccts\2004\2004.002\OFFlCIALIAlmazan co 2 Final Agnd Req GC 121206,doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER mv1
AGENDA ITEM ~ ~ .l- REGULAR MEETING OF DECEMBER 12. 2006
FIRST AMENDMENT/2002 PALM BEACH COUNTY RECREATION
CULTURAL FACILITIES BOND/INTRACOASTAL WATERWAY PARK
TO:
SUBJECT:
DATE:
DECEMBER 8, 2006
This is before the City Commission to approve the First Amendment to the Interlocal Agreement
between the City and Palm Beach County for increased funding for the Intracoastal Waterway Park
Project (Mangrove Park).
The amendment increases the total County Bond funding from an amount not to exceed
$1,000,000.00 to an amount not to exceed $2,000,000.00, and increases the required City match from
$1,152,240.00 to $1,606,008.00. County Commissioner Mary McCarty was able to assist the City with
obtaining the funds for this project.
Recommend approval of the First Amendment to the Interlocal Agreement between the City and
Palm Beach County for increased funding for the Intracoastal Waterway Park Project.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager POC Interlocal Agmt Cultural Facilities Bond - Intracoastal Waterway
Park 12.12.06.doc
[ITY DF DELRRY BER[H
DELRAY BEACH
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All-America City
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100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444 . 561/243-7000
MEMORANDUM
1993
2001
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Recreation and Cultural Facilities Bond Amendment -
Intracoastal Park
DATE:
December 11 2006
Attached please find a Recreation and Cultural Facilities Bond amendment
to an agreement with Palm Beach County for the construction of the
Intracoastal Park in a grant amount not to exceed $2,000,000. The City
Attorney's office has reviewed the amendment for legal sufficiency.
Please place this on the December 121 2006 agenda for City Commission
consideration.
J~~ Weldon
Director of Parks and Recreation
Attachment
JW:cp
Ref:intramend
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(561) 966-6600
FAX: (561) 642.2640
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
lbny Masilotti, Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on rocyc/ed paper
November 17, 2006
Mr. Joe Weldon
Director of Parks and Recreation
City of Delray Beach
100 NoW. 1st Avenue
Delray Beach, FL 33444
RE: 2002 Recreation and Cultural Facilities Bond - Intracoastal Waterway Park
Development
Dear Mr. Weldon:
Attached for execution on behalf of the City of Delray Beach are two originals of a
First Amendment to Interlocal Agreement for the Intracoastal Waterway Park
Development Project, as funded from the 2002 Recreational and Cultural Facilities
Bond. The Amendment increases Project funding by an additional $1,000,000,
which is being provided from the 2004 Waterfront Access Bond to increase the total
County bond funding for this project to an amount not-to-exceed $2,000,000.
The Amendment also provides a revised Exhibit "A" that includes the new project
cost estimate, expands the required usage of the project site from "recreational" to
"recreational and waterfront access purposes", and increases the required City
match from $1 ,152,240 to $1,606,008. The increased project match is based on both
the increased cost estimate and the additional County funding being provided. The
new match represents the total revised project amount minus the total County bond
funding being provided.
Please have the Amendment executed and return both originals, accompanied by all
required insurance certification(s), to this office. We will then place the Amendment
on the Agenda for approval by the Board of County Commissioners.
Feel free to contact Susan Yinger, Administrative Support Manager, at 966-6653 if
you have any questions on the Amendment. On behalf of Commissioner Mary
McCarty and the Board of County Commissioners, we look forward to increasing our
assistance to the City of Delray Beach for the development of Delray Intracoastal
Park.
~~
Dennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
Attachments - Two Originals of First Amendment to Agreement for Execution and
Return
Copy to:
Commissioner Mary McCarty, District 4
Susan Ruby, City Attorney
Carrie Ann Kopelakis
.~j .,),
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING
OF DELRAY INTRACOASTAL PARK
THIS FIRST AMENDMENT TO AGREEMENT (R-2005-0680) is entered into on
, by and between Palm Beach County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a corporate
body politic pursuant to the Constitution of the State of Florida, hereinafter referred to as
"MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, on April 5, 2005, COUNTY entered into an Agreement with
MUNICIPALITY (R-2005-0680) for the period April 5, 2005, through April 4, 2008, to
provide an amount not-to-exceed $1 ,000,000 from the $50 Million Recreation and Cultural
Facilities Bond for funding of the Delray Intracoastal Park ("the Project"); and
WHEREAS, on November 2,2004, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to waterfront access in Palm
Beach County, in the principal amount of $50 Million ("the $50 Million Waterfront Access
Bond"); and
WHEREAS, County has approved proposed funding allocations for the $50 Million
Waterfront Access Bond and the Project represents one such waterfront access project;
and
WHEREAS, COUNTY desires to provide an additional $1,000,000 for the Project
from the $50 Million Waterfront Access Bond" for a total amount not-to-exceed $2,000,000
from the two Bond issues; and
WHEREAS, MUNICIPALITY is in need of additional funding for the Delray
Intracoastal Park project because the project cost estimate has increased by $1 ,453,768
for a total project cost estimate of $3,606,008 as is reflected in the attached Revised
Intracoastal Park Construction Cost Estimate; and
WHEREAS, both parties desire to amend the Agreement.
NOW THEREFORE, the parties hereby agree as follows:
1. Section 1.03 of the Agreement shall be amended by deletina "COUNTY will pay
to MUNICIPALITY a total amount not-to-exceed $1,000,000 for the design and
construction of the Project as more fully described in the Project Description, Conceptual
Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A"; and
insertina "COUNTY will pay to MUNICIPALITY a total amount not-to-exceed $2,000,000
for the construction of the Project as more fully described in the Project Description,
Conceptual Site Plan, and Revised Cost Estimate attached hereto and made a part hereof
as Exhibit "A".
2. Section 1.04 of the Agreement shall be amended by deletinq "MUNICIPALITY
agrees to provide funding in an amount of $1,152,240 or greater to complete the Project.
The parties agree that the COUNTY shall provide its portion of the funding only after
MUNICIPALITY has expended $1,152,240." and insertinq "MUNICIPALITY agrees to
provide funding in an amount of $1,606,008 or greater to complete the Project. The parties
agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY
has expended $1,606,008."
3. Section 5.01 shall be amended by deletinq "the Project shall serve a public
recreational or cultural purpose" and insertinq "MUNICIPALITY warrants that the Project
shall serve recreational and waterfront access purposes" in its place.
4. Except as provided herein, each and every other term of the Agreement shall
remain in full force and effect and the Agreement is reaffirmed as modified herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents,
have hereunto set their hands and seals on the date indicated above.
ATTEST:
SHARON R. BOCK, CLERK &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Commissioner, Addie L. Greene, Chairperson
ATTEST:
CITY OF DELRA Y BEACH
By:
By
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
By:
City Attorney
County Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
Exhibit A
Description of Project
The City of Delray Beach leased from the Florida Inland
Navigation District 4.09 acres (known as MSA 650) to be
used and developed as a park to provide boating access to
the Intracoastal Waterway. The lease was entered into on
March 8, 2000 for 30 years with one (1) option to renew for
a twenty-five year extension. The subject site is located
on northbound Federal Highway (U.S. 1) between Linton
Boulevard and S. E. 10th Street, just south of Knowles Park.
Delray Harbour Club, a condominium to the north of the
F.I.N.D. property, is interested in expanding their parking
areas. To make both properties more useful for their
intended purposes, a series of land swaps was conveyed
between the City, F.I.N.D., and the Delray Harbour Club.
These land swaps are shown on attached exhibits.
The development of the project shall involve the
construction of two boat ramps, staging docks, 8 regular
parking places, 2 handicapped parking spaces, 19 boat
trailer parking places, and a 411 square foot rest room
facility. There will be other site amenities such as a
drinking fountain, benches, and a bicycle ,rack. Exotic
trees will be removed and approximately 27% of the park
area will remain undisturbed in native mangrove trees. The
enclosed site plan shows the location of each amenity.
Ref:finddesc
OPINION OF PROBABLE CONSTRUCTION COST
INTRACOASTAL (FIND) PARK
CURRIE SOWARDS AGUILA ARCHITECTS
Updated May 2006
~ ii;:!l,:,'q);~:;'i~}~(~)1'.~';)QIS$~ij.ip;tIQJlI'.,""" '.' '.':A1JiOUN"f, <'I ,c' ',' ""'REMARJq~ :.:..... ")',
. , .'
1 Mobilization 35,000 Assumes sinClle mobilization
2 Demolition 10,000
3 ClearinCl & GrubbinCl 30.000
4 Site Fill & Grading 75,000
5 Miscellaneous Site Costs 47.500 Silt fence, testina. cleanina. traffic control
6 Site PavinQ 196.000
7 Tumlane 35,000
8 Curbing, Stripping & Signage 57.500
9 Marine Work 1,500.000 Includes davdock. seawall, dredging. etc
10 Railing 27,500
11 Concrete Pavers & Side Walks 22,500
12 Bike Rack. Sianaae, Benches & Trash 9,100
13 South Site Wall (8 ft.) 68,850
14 Chain-Link Fence 20.000
15 Landscaping 70.000
16 Irrigation 20,000
17 Site Utilities 125,000 Water, sewer. and drainaCle
18 Site Lighting 30,000
19 Restroom Building 85,000
20 Sub- T otal1 2,463,950
21 Mitigation 350,000 Estimate, see note 2 below
22 Sub-Total 2 2,813.950
23 General Conditions 172,058
24 Sub-Total 3 2,986,008
25 Overhead & Profit 330,000
26 Sub-Total 4 3.316.008
27 Contingency 100,000
28 Bond Premium 45,000
29 Professional Fees 145,000
30 Proiect Totals 3,606.008
Notes:
1. These costs represents the architects best opinion of probable construction costs and where
prepared without the benefit of bid, based on 85% drawings.
2. Mitigation costs will be determined after full agency review, and once impact to existing area is
determined, costs can be formalized.
3. The City is encouraged to obtain a detailed cost estimate prepared by a certified cost estimator
once the documents are better defined.
f' -fhd,/f Ii
RfVJ5ED CDST tS-rIIY1/fTf
ACORDTII CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
10/31/06
PRODUCER 1-561-995-6706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher Risk Management Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Arthur J. Gallagher & Co. (Florida) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2255 Glades Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 400B
Boca Raton, FL 33431
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: State Natl Ins Co Inc 12B31
City Of Delray Beach
INSURER B:
100 Northwest 1st Ave INSURER C:
Delray Beach , FL 33444 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ :fs~~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILllY MOB 02669 32 10/01/06 10/01/07 EACH OCCURRENCE sSeeBelow
~ ~~~~~9E~=~nce\
X COMMERCIAL GENERAL LIABILllY S
~ ~ CLAIMS MADE 0 OCCUR
- MED EXP (Anv one person) S
PERSONAL & ADV INJURY S
GENERAL AGGREGATE S
n'LAGGREAE LIMIT APn PER: PRODUCTS-COMP~PAGG $
POLICY ~tW; LOC
A ~OMOBILE LIABILllY MOB 02669 32 10/01/06 10/01/07
COMBINED SINGLE LIMIT sSeeBelow
X ANY AUTO (Ea accident)
I--
I-- ALL OWNED AUTOS BODILY INJURY
S
SCHEDULED AUTOS (Per person)
I--
I-- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
I--
PROPERlY DAMAGE S
(Per accident)
GARAGE LIABILllY AUTO ONLY - EA ACCIDENT S
R ANY AUTO OTHER THAN EAACC S
AUTO ONL Yo AGG S
A EXCESS/UMBRELLA LIABILITY MOB 02669 32 10/01/06 10/01/07 EACH OCCURRENCE S 1,000,000
GJ OCCUR o CLAIMS MADE AGGREGATE S 2,000,000
S
R DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION AND I T"X?'~T f':.I,~;, I IOJ~-
EMPLOYERS' L1ABILllY s
ANY PROPRIETOR/PARTNER/EXECUTIVE INCL E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? EXCL E.L DISEASE - EA EMPLOYEE S
~~fdl.."t~'I:'~~;S~NS below E.L DISEASE - POLICY LIMIT S
OTHER
A Workers Compensation MOB 02669 32 10/01/06 10/01/07 Statutory Limits Statutory
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES /EXCLUSIONSADDED BY ENDORSEMENT /SPECIAL PROVISIONS
XXXX-Policy Subject to a $500.000 per occurrence Self In~ured Retention
For: Grant for funding for construction of Delray Beach Intracoastal Park.
Certificate Holder is additional insured but only to the extent of indemnity provisions of the applicable contract and
only to the extent allowed by F.S. 76B.28 and the Florida constitution.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Palm Beach County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Attn: Parks & Recreation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
2700 6TH Ave South
REPRESENTATIVES.
Lake Worth FL 33461 AUTHORIZED REPRESENTATIVE tJ}'P
USA
ACORD 25 (2001/08) aimbel
5140557
@ACORDCORPORATION1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
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Date:
Dec. 1, 2006
AGENDA ITEM NUMBER:
g.G
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: Dec. 12, 2006
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor's signature on, a Recreation and Cultural Facilities Bond amendment
to an agreement with Palm Beach County for the construction of the Intracoasta~
Park in a grant amount not to exceed $2,000,000.
City Attorney Revi wlRecommendation (if applicable):
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & No Initials: 4-
Hold U nti!:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
David Harden, City Manager
Lula Butler, Director of Community Improvement tfb
Elizabeth Alpert, CD. Administrator @
December 6, 2006
THRU:
FROM:
DATE:
SUBJECT:
2006-2007 Community Development Block Grant Sub
recipient Funding Agreement with Community Child Care
Center (d.b.a. Achievement Centers for Children and
Families)
ITEM BEFORE THE COMMISSION:
Approval is requested to execute an agreement for funding with the above listed
sub recipient under the 2006-2007 Community Development Block Grant
(CDBG) Program.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City
Commission on July 25,2006, to obtain public comment on the proposed budget
for the approval of the Community Development Block Grant Consolidated
Action Plan for fiscal year 2006-2007. The Action Plan contains an appropriation
for Community Child Care Center (d.b.a. Achievement Centers for Children and
Families) and was approved by the Commission.
CDBG Program regulations at 24 CFR 570.503 require written agreements prior
to the disbursement of funds to sub recipient organizations, specifying the work
to be performed and reporting requirements, among other requirements and
governing provisions. These agreements have been developed in accordance
with the stated regulations and have been reviewed and approved by the City
Attorney for legal sufficiency and form.
RECOMMENDATION:
Staff recommends approval and execution of the attached agreements in order
that funding may proceed in accordance with the Commission approved Action
Plan for fiscal year 2006-2007.
11
~.D
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRA Y BEACH
and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES.
THIS AGREEMENT is entered into between the CITY OF DELRA Y BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT
CENTERS FOR CHILDREN AND FAMILIES", hereinafter referred to as "the CONTRACTOR,"
having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1 .7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
1
c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE 1/
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of SelVices."
ARTICLE 1/1
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Seventy-five
Thousand Dollars and 00/100 ($75.000.00).
3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments in the amount of $6,250.00). Bills shall be submitted by the CONTRACTOR
at least two weeks in advance.
3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the 10th day of each month covered by this
Agreement, in a format prescribed by the CITY:
a. Monthly grantee performance report as well as a narrative identifying the participant's
levels of family income, race, ethnicity, and achievements of participants selVed by
the program.
b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG
funded position and a completed Direct Benefit Activity form (monthly);
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1,2006, to September 30,2007.
2
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDSG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3 The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State. County and CITY Laws and Reaulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21 , OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
4
9.2 Opportunities for Residents and Civil Riahts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and Monitorina: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Reauirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
5
9.6 Lobbvinq Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
6
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions,
including training positions, that are filled (1) after the CONTRACTOR is
selected but before the contract is executed and (2) with persons other than
those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the
CONTRACTOR's oblig.ations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: The CONTRACTOR shall furnish to the CITY, clo the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.9 Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDSG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDSG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDSG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDSG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDSG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDSG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDSG national objective that
will be met.
7
All nonexpendable personal-property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration
or termination. of this Agreement shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
8
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
!!m~/:;.1~k~..e~
P~4)~~
ACHIEVEMENT CENTERS FOR CHILDREN
AND FAMILIES. I
By: tJE?O/ flA4~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ay ofDuerniJ,c/
200~, by N (J flGJ k.-. /fvvd.. , who is personally known to me.
NOTARY PUBllC-STATE OF FLORIDA
~Elizabeth B. Alpert
Commission # DD492978
Expires: NOY. 21, 2009
Bonded Thru Atlantic Bonding Co., Inc.
~~~ARMO~~
Print fl/1-tllkJh, kt-pt'/f
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form:
City Attorney
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. under
this Agreement will be providing day care, after-school care and related services to eligible
children. At least 51 % of the beneficiaries of a project funded under this Agreement must be
low- and moderate-income persons (as determined annually by HUD for the area). CDBG
funds may be used for programmatic costs including, but not limited to, salaries of direct service
personnel, training, insurance, office supplies and expenses, education supplies and materials,
utilities, and sponsored events (field trips). Services under this program will be provided at the
Child Care Center's main facility located at 555 N.W. 4th Avenue, Delray Beach, Florida and at
Village Academy, 400 SW 12th Avenue, Delray Beach, Florida.
The major tasks which the Community Child Care Center will perform in connection with the
provision of the eligible day care and after-school services include, but are not limited to, the
following:
a. Maintain facility at all times in conformance with all applicable codes, licensing, and other
requirements for the operation of a day care center. The facility must also be handicapped
accessible, and the day care services must be organized into separate areas appropriate for
each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4
years, pre-kindergarten - 4 to 5 years and after-school/out-of school care -- 5 years to 14 years).
b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the
beneficiaries of subsidized day care must be low and moderate-income persons (as determined
annually by HUD for the area).
c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of-
school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m.
to eligible families.
d. Ensure that the numbers, background, and qualifications of the Community Child Care Center's
staff providing the on-site day care and any related services at all times are appropriate for the
enrolled child population at the center and meet at least the minimum standards established by
the pertinent licensing bodies.
e. As part of the day care services, provide a range of structured social, educational, and cultural
enrichment activities appropriate to the age groups being served.
f. Maintain program and financial records documenting the eligibility, attendance, provision of
services, and the Child Care Center's expenses relative to the children receiving day care
services as a result of assistance provided through the CDSG program.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising -V
Bad debts -V
Bonding -V
Communication -V
Compensation, personnel services -V
Contingency provisions -V
Contributions (to others) -V
Depreciation, use allowance -V
Donations (from others) -V
Employee morale, health, welfare -V
Entertainment -V
Equipment -v'k*
Fines, penalties ...J
Fringe benefits -V
Fund raising, interest, investment management ...J
Idle facility, idle capacity -V
Insurance & indemnification -V
Interest
Labor relations -V
Lobbying ...J,
Losses on other awards ...J
Maintenance, repair -V
Materials, supplies -V
Memberships, subscriptions, professional activity -V
Organization costs ...J**
Overtime, shift premiums -v**
Page charges in professional journals (research) -V
Participant support costs ..J**
Patent costs -V
Pension plans -V
Plant security -V
Pre-award costs -v**
Professional services -V
Profits, losses on asset disposition -v*
Public information service ...J***
Publication and printing costs -v***
Rearrangement, facility alteration ..J**
Reconversion costs -V
Recruiting -V
Relocation -v*
Rental -V
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ""
Severance pay ""
Specialized service facilities ""
Taxes ""
Termination-related costs ""
Training, education ""
Transportation ""
Travel ",,'"
... Allowable under limited circumstances.
...... Allowable only with prior permission from the CITY.
......... Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
ACDRQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MIolJDDIYYYY)
10/09/2006
PRODUCER 561-734-8445 FAX 5610734-7iS8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Burkey Risk Services, Inc/Dennis McNamara & Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2240 Woolbright Rd, Ste 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Boynton Beach, Fl 33426-6332
Maria Molina INSURERS AFFORDING COVERAGE NAIC#
INSURED COlll1lUnl ty Chl TCf Care Center INSURER A: Philadelphia Indemnity Ins. Co
of Delray Beach, Inc. INSURER B: Everest National Ins. Co.
555 N.W. 4th Street INSURER C: Hartford life Insurance Co
Delray Beach, Fl 33444-2734 INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 'M)ICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I'~ ~~ TYPE OF INSURANCE POLICY NIJM8ER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY PHPKl95565 10/11/2006 10/11/2007 EACH OCCURRENCE S 1.000.000
~
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000
1 ClAIMS MADE 0 OCCUR MED EXP (Any one person) S 5,00(
A PERSONAL & ADV INJURY S 1,000,OOC
X Professional liab GENERAL AGGREGATE S 3,OOO,00(
GEN'L AGGREGATE LIMIT APPLIES PER: PROF llAB: PRODUCTS-COMPK>PAGG s 3:000,000
"( nPRO- n $1,000,000/$1,000,000
POLICY JEeT LOC
AUTOMOBILE LIABILITY PffPK195565 10/11/2006 10/11/2007 COMBINED SINGlE LIMIT
X ANY AUTO (Ea accident) S 1,000,OO(]
-
ALL OWNEO AUTOS BODILY INJURY
10- S
SCHEDULED AUTOS (Per person)
A f--
I. HIRED AUTOS BODILY INJURY
'--- (Per accident) S
NON-OWNED AUTOS
f--
PROPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S
q ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGG S
EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE S (]
tJ OCCUR o ClAtMS MADE AGGREGATE S (]
s
R ,DEDUCTIBLE S
RETENTION S ( S
WORKERS COMPENSATION AND 2700009327061 10/11/2006 10/11/2007 IT~~~T,\I.-;,T ro~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 100,00(]
B ANY PROPRIETORlPARTNER/EXECUTlVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA ELlPLOYEE S 100 , OO(]
If ~. describe under E.L. DISEASE - POLICY LIMIT S 500.00(
S CIAL PROVISIONS below
~~THIiR . 21SR275677 10/11/2006 10/11/2007 $2,000/$10,000/$20,000/$1,000
C cCldent Pollcy 21SR281077 10/11/2006 10/11/2007 $2,000/$10,000/$10,000/$250
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~ommunity Child Care Center of Delray Beach, Inc. and Community Child Care Center at the Beacon Center
Lacs: 555 NW 4th Street, Delray Beach, Fl; 400 SW 12th Avenue, Delray Beach, Fl; 301 SW 14th Avenue,
~elray Beach, Fl; 141 SW 12th Avenue, Delray Beach, Fl
ertificate holder is additional insured
~orkers Compensation - 30 days notice of cancellation
City of Delray Beach
Attn: Joe Walden & David Harden
100 NW 1st Avenue
Delray Beach, Fl 33444
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
o~ ~ '1!---
ACORD 25 (2001/08)
Dennis McNamara CIC GAIL
@ACORDCORPORATION 1988
g.D
AGENDA REOUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
X Consent Agenda
Date: December 6, 2006
VVhen:December12,2006
Description of item:
Request to approve and execute sub recipient agreement with the Community
Child Care Center (d.b.a. Achievement Centers for Children and Families) in the
amount of $75,000. Funding was allocated under the approved Fiscal Year 2006-
2007 CDBG Annual Action Plan. Funding will be made available from the CDBG
budget.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the sub recipient agreements for
funding.
Dep~;~~
Signature:
City Attorney ReviewIRecommendation (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: AJ,
Approved for Agenda:Vo/NO
Hold Until:
~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVE'\iUE' DELRAY BEACH. FLORIDA 33444
TELEPJ-IONE: 561/2-l3-7()L)() . FACSIMILE: 561/278-4755
DELRAY BEACH
f L () R t n A
D.8:IIII
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
December 7, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
r.L -
. .r-...--...
Brian Shutt, Assistant City Attorney
SUBJECT: Lease AQreement for Temporary ParkinQ with Pineapple Grove Ltd
The attached lease agreement provides that the City will be able to use the vacant
property located at 105-115 N.E. 1st Street for public parking purposes until such
time as the Owner begins development of the property, which is expected to start
at the end of March 2007. The City will not pay any rent for the property; however,
the City will indemnify and defend the property owner up to 1 million dollars. If the
City allows another entity (Old School Square) to use the parking lot the entity
must also provide insurance for their use of the lot.
Please place this item on the December 12, 2006 City Commission agenda.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
Scott Aronson, Parking Mgmt. Specialist
Richard Hasko, Director of Environmental Services
g.[.
AGREEMENT
THIS 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 PINEAPPLE GROVE, LTD. (hereinafter referred to as "Owner"),
provides as follows:
WHEREAS, the Owner owns vacant property located at 105-115 N.E. 1st Street that it
will allow the City to use for public parking for a limited period of time.
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 Parties hereby agree as follows:
I. The above-stated recitals are incorporated as if fully set forth herein.
2. Owner shall grant to the City the license to use the Property in its "as is" condition for a
vehicle parking site for vehicle parking commencing immediately and extending until March 31, 2007
(the "License Period'). Thereafter, the City may be allowed to use the Property until it receives
notification from the Owner to vacate the Property and the City shall vacate the property within ten (10)
days of receiving such notification. The area of the Property covered by this license is set forth on the
Survey annexed hereto.
3. The City shall be permitted at its sole cost and expense to make any necessary
improvements and temporary installations to use the Property for vehicle parking site. Any temporary
installations or improvements shall be removed at the end of the license period including any surfacing
that inhibit or otherwise will result in additional cost to remove to the Owner if such removal is necessary
or required to construct intended improvements to the Property by Owner in accordance with the
approved Site Plan for the Property.
4. The City acknowledges that if Owner requires use of the Property for engineering or
geotechnical testing or studies during the License Period, the use of the Property (or any portion thereof
for vehicle parking) may be temporarily interrupted in order to accommodate such tests or testing.
5. The Owner shall be permitted to provide any signage required by it on the Site or on the
Fencing surrounding the Site as long as it is in conformance with the City's Land Development
Regulations. The City acknowledges that such signage may reduce the number of available parking
spaces.
6. The City shall be responsible to obtain and maintain any and all insurance and permits
necessary for use of the Property as a parking site for itself and others and shall keep the property free of
any violations during its use.
7. During the license period the City shall be responsible to maintain the Property, the
surrounding fencing, adjacent sidewalks and alley and keep it free of debris. Such maintenance may
include grass cutting. The City shall provide and maintain any required lighting and safety barriers to use
the Property.
8. The City agrees to indemnify, defend and hold harmless Owner its partners, agents and
affiliates from any and all injuries, claims, judgments, damages, losses to person or property, including,
without limitation any and allliens(including claims of Liens), claims, actions, causes of action, demands,
rights, damages, costs, loss of service, expenses, attorneys' fees and compensation or claims thereto
whatsoever arising from the use of the Property under this license or for any unauthorized use up to the
amount of $1,000,000.00 per occurrence. The City will name Pineapple Grove, Ltd. as an additional
insured with respect to general liability.
9. The City or other third parties utilizing the property through the City shall further
indemnify Owner from any environmental damage or injury to the Property, (including but not limited to
the release of fuel or other hazardous substances) resulting or arising from any improvements,
installations, maintenance or use of the Property under this License and shall be responsible for all clean-
up necessary to restore the Property.
10. Any third party which will operate on the Property, through the City, under this license or
with the consent of the City shall provide and maintain adequate property and liability policies of
insurance (at least one million in comprehensive general liability) naming Pineapple Grove, Ltd as
"additional insured" thereunder. Adequate Proof of such insurance coverage must be provided prior to use
of the Property. Failure to maintain any of the foregoing insurance shall cause this license to terminate.
11. 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.
12. 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 ofthe
day and year first above written.
ATTEST:
By:
CITY OF DELRAY BEACH
By:
City Clerk
, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
PINEAPPLE GROVE, LTD.
By:
(Name Printed or Typed)
(Name Printed or Typed)
2
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2006, by , as
(name of officer or agent, title of officer or agent), of PINEAPPLE GROVE, LTD., a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type of
identification) as identification.
Signature of Notary Public
3
Harden, David
~
., ~
From:
Sent:
To:
Cc:
Subject:
Hasko, Richard
Monday, December 11, 2006 7:33 AM
Harden, David
Barcinski, Robert; Ballestero, Rafael
Temporary Parking, NE 1st Street
Attachments:
Temp Pkg Quote.pdf
Attached is a copy of a quote from Hardrives to prepare a stabilized temporary parking surface on the property
between NE pt and 2nd Ave. on the north side ofNE pt Street. The base price is $15,000. There will be an
additional $3,000 cost to provide lime sludge stabilization (our WTP does not produce enough sludge on a daily
basis to fulfill site requirements). In addition, there will be an $1,800 cost for mixing surface overgrowth into
insitu soils prior to stabilizing.
At our request, Hardrives has provided a supplemental cost for stripping the site to remove overgrowth prior to
stabilization. That additional cost is $5,000. We recommend that the site be stripped prior to stabilization since
there will ultimately be load bearing foundations for buildings being constructed on the site. Any organic
material that is mixed in with the stabilization and not later removed will decay and could potentially cause
structural failure. We see this as a potential liability issue for the City.
We recommend stripping the site and stabilizing the surface for parking using WTP lime sludge residual. The
total cost for this work is $24,800.
Please advise as to how you wish to proceed.
Temp Pkg
Quote.pelf (88 KB)
Richard C. Hasko, P.E.
Environmental Services Director
Voice (561) 243-7336
FAX (561) 243-7060
email hasko@cLdelrav-beach.fl.us
1
a&JI;onot "w--I.uM~"~-& JJuv- g. E
Page 10ft
Hasko. Richard
From: Ballestero, Rafael
Sent: Wednesday, December 06,20064:13 PM
To: Hasko, Richard
Cc: Krejcarek, Randal
Subject: Temporary Parking Quote.pdf
Attachments: Temporary Parking Quote.pdf
Richard :
Attached is Hardrives proposal to construct a "stabilized subgrade" type of temporary parking at the site north of
the Parking Garage site. The 15,000.00 price is based on spreading the sludge over the existing weeds and
mixing the soil, weeds and sludge together. There are several alternatives offered in their notes, per my request. I
recommend we opt for the 5,000.00 stripping of the site, as this will leave a cleaner site for the owner than the
condition it is in now, so this will hopefully eliminate or reduce any remedial J restoration work when the owner
proceeds with their site development. Additionally, I suggest we also opt for the 3,000.00 Boynton sludge, as we
will not be able to provide the amount required for the work.
The nature of the work to be performed will likely need periodic maintenance, Le. grading and compacting, as the
stabilized soil will not be a permanent parking surface.
Please offer direction as to how to proceed.
121712006
OEC-.6-2006 11:37 FROM:HARORlVES 2782147
TO: 924.::H.:S1Q
~:c
o ClIltIVIiW,6,VS 0 P.....RKING AREAS 0 STftSET8 0 ORAOING . f<<~K '" FIL.1. e eONCFl~ WORt<
2'01 SOUTH C:ONGIIE.S AVENUe
DIIJ.""V lillV-CM, fl.ORltl.l. 334415.'13..
IIHON E 5.1':1.'18.04'-
fAX 6<<11-27$-21"''1
@[/j)@!iljjJIlD@[lj
December 5, 2006
To:
City of Delray Beach
Attention: Rafael Ballestem
434 SOuth Swinton Ave.
Delrey Stach, FL 33<<4
Phone: (561) 441-D704
FAX; (561) 243-.7314
Name of Project:
Lbeatlon:
Plans and Specifications:
Temporary Pat'klng Area
N.e.. 1- & 1- Ave. (pIneapple Grove)
As Described BelOw
WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
:t1,OOO
:1:6,000
CY Haul sludge from OeIray plant to site
$V Spread sludge, mix and compact
@
Lump Sum
$ 15.000.00
NOTE:
. ~ to disc 4.000 sv of~ II1d m;x w4h sludge nlffd .tbOw I~ an addiIiomJJ $1,IJOO.oo.
. Hourly oquiprntnt rentd rate $htJet aJlllt:hild u requested.
. Sludge will bo SiJppllMJ from the Cily of OeIray &tach's 'flIi'd. This bid .xcludefS .ny (Jf$dlflg OMS s1udfJ6 i4
romovod from $fodqJl1e.
. If :;Judge is not avsDsb/e SIt Defray. Hsrdr1v9s v.;f/J provide sludge from Boynton tor S/I additkJl'lel S3. 000. 00 (.~ W
sqvfP8 ysrd).
. " stripping and hauling off :l::r' of gt'$$$ (fnd ~$ is roqlJlred In I8U of disdng. pTlill$fI add. $5, 000. 00 to this bid.
Prices ve vaBd foI' 30 day:;.
,
ilTLe Oraig . Dou as,
DATE: ,
~CAHNO'I'OUAlWlTa ClIl..lt~"'" ACCK .ASlI:WClUC c:aHaTIIllCt$) 8Y~:
~a.l1lIJ .fl4,.....wiII........ ~ WI_1le _~_CClIQIIIaCIlcr..JIRIId o.-.nO---"'fIaI~""" 1MCllftlliIll or~ltllwt
....pNIlll11lvoltlla _~"'-~. euy.n.o9wd~wilI CClI\1dlblIa . binding _14 ..a..__ 1a4lllYcltll'lVAin ~4IMI""""_.-l ""'-
il&pMlCtldllllllellallll.Ghn--.r1ar~""'~_~-o-"'JIIY"'lXIIIltolf-'lIlC(Ud1n,Q.~*I\lI;IntlIy'$"'" ......
ACCePTED ay:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM #~.E REGULAR MEETING OF DECEMBER 12. 2006
RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY
BOARD
TO:
SUBJECT:
DATE:
DECEMBER 8, 2006
On September 13,2006, the West Atlantic Redevelopment Coalition reappointed Mr. Peter
Perri as their representative on the Parking Management Advisory Board for a two (2) year
term ending September 30, 2008. In addition, Mr. Reginald Cox was reappointed as the
alternate representative for a two (2) year term ending September 30, 2008.
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 1A 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 reappointment of Mr. Peter Perri and
Mr. Reginald Cox, representatives of the West Atlantic Redevelopment Coalition, for two (2)
year terms ending September 30, 2008.
PARKING MANAGEMENT ADVISORY BOARD
11/06
1ERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/07 Mark Krall P&Z Home: 330-0215
Appt rf)/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/'22/05
Ratified 12/13/05 Delray Beach, FL 33483 Fax: 278-6909
08/01/08 David Cook Chambers Office: 276-4194
Appt07/18/06 901 SW 33Td Place Home: 732-4193
Ratified 08/15/06 Boynton Beach, FL 33435 Fax: 276-4190
07/01/07 Thomas F. Carney, 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
Ratified 07/11/06 Delray Beach, FL 33483 Fax: 243-0043
Reappt rf)/13/06
08/01/08 Herman Stevens DDA Office: 278-1988
Unexp Appt 06/12/06 601 SW 7th Avenue Home: 272-7477
Ratified 07/11/06 Delray Beach, FL 33444
Reappt 07/'lfJ/06
Ratified rf)/05/06
The representatives above are ratified by the City commission.
The representatives below are appointed by the City Commission.
01/31/08 Mark Denkler Atlantic A venue Corridor Office: 276-6570
Appt 02/21/06 320 NW 91h Street Between Swinton Avenue Home: 265-4745
Delray Beach, FL 33444 and the Intracoastal Fax:
01/31/08 Atlantic Avenue Corridor
Unexp Appt Between Swinton Avenue
Vacant and Interstate 95
01/31/08 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690
(resumed his term) Delray Beach, FL 33483 lying East of the Emai1:
Reappt 01/17/06
Intracoastal Waterway jorge@CaffeLunaRosa.com
01/31/08 Cecelia Boone Old School Square Office: 302-8978
Unexp Appt 03/21/06 220 NE 1 sl Street Historic Arts District Home: 302-8978
Delray Beach, FL 33444 Fax: 278-6221
Emai1:
01/31/07 Melvin Sacharow Citizen-at-Large Office:
ApptOl/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863
Emai1:
melsacharow{@iuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 243-2219
Appt 01/06/04 Unexp Smith Barney Home: 737-1308
Reappt 01/04/05 55 NE 5th Avenue, Suite 400 Fax: 243-2250
Delray Beach, FL 33483 Email:
Troy.d.wheat@amithbarney.
com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
10/06
TERM
EXPIRES
08/31/08
Appt 08/18/06
Ratified 10/3/06
08/01/08
07/01/08
Appt 06/08/06
Ratified 07/11/06
09/30/06
Unexp Appt 06/14/06
Ratified 07/11/06
Reappt 09/13/06
08/01/08
Appt 07/'lfJ/06
Ratified 08/15/06
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Joe Pike
315 Lake Eden Way
Delray Beach, FL 33444
acant
Peter Arts
1746 Fern Forest Place
Delray Beach, FL 33445
eginald Cox
15 NW 2nd Street
elray Beach, FL 33444
ran Marincola
1138 Vista Del Mar Drive
elray Beach, FL 33483
CATEGORY
TELEPHONE
ffice: 274-6500
Home: 243-0060
ell: 706-6360
ffice: 395-1433
ome: 637-3640
ell: 703-4770
395-4755
ffice: 265-1030
272-8805
573-1131
265-1131
ffice: 274-8898
orne: 274-4455
ell: 251-5885
274-6778
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
OURAY BEACH
~
All-AnlricaCily
, III J!
1993
2001
q"1jIJ1,
flq
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2.
information:
'-/ '1- ~
City
State
Zip Code
1.
Name
3.
S
4. Principal Business Address:
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
{\J OlV V
9. Educational qualifications:
-
)"
10. List any related professional certifications and licenses which you hold:
S GNATURE
DAlE
~ote: This application will remain on fue in the City Clerk's Offlce 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.
SlCITYCLERK\IlOARD\APPLICATION
rom
ReggJ..e Cox
DELRAY &I::.ACH
~
ffITr
to "L.433F/4
at ~/~/"L.UUO 11:00 AM
UU1jUU
Ph.::3.~~~ type or prim d\e followin~ infottn..1:uou:._
1. La...<;t N:un.::~~
2. H~/Mm;;W
3. Leg-....l R.c:siJ.cncc:
~Me-
; 4. Poncip:u Bm;;ucsf, Addl:C1;S:
I
l Nf\l..-t>
Llty~~y. a:: I
.. .~
City
II
State
.fl---
St::J.h.:
Jr If
ll",/,/J 7
RECEIVED
AUG - 9 2005
IY .c~~~K
M. I.A-.
Zip Code
334-4
Zip Code.
/1 II
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
)993
2001
I(
7,kt---( 6
(~jl.y
.(
Slate
7.ip Code
t"(
A If"
/.
'.
-
5. Home Phone.:
51//-- Z1Z!!tJ 5
Business Pbou.~:
)bf Z{6-/~Jt::;
:E-f'.,I~il Address: CdlP!u-me: ra.x:
I<EGuJte 4rLt!try !f!~?J2~!!.~.t... ~~lU,~/f}31
T f ~:f,1, ~vh(:J:e :ate. YO~J:e~? . . -"1-1 c:L::>v.....
P(. _ ~_......___.
scrving? f-'kar,c li~t. in ntd~r of p~~fl:'l:"ncC':
6... l\.Ie you a J:t'.[';iSleLed ....'Ole[;:.
7... \'(."/0,,& Bo'~nl(:;) aD:'. you inkrC-S1.<:d
'flrVJIJIII&
8.
"?PIU/NO. c..~{ 111t!157 /fTZ. J2c;~~P
Lt~l all City Boards 00 which you ;U'.~ ,~jrt~nt)y $~t'i"itlg Or h"..c previously Sl!1.TCd: (ple.a~e include daret;)
:qv717?UC7(1oJA~~/ 6PKAe,.0~) . __
~. 'Educational q,l1lifi('.JI.fio1lS:' I -.. / ' ( ~. .
~~ ~71/f./GS? A(YU'/~' Mc:IfGLo~(>~__Alft!tf!7?;.T~ I
A, f3. e 7/ S/GIV
10. list :'Iny rel.'Hed prolessionlli l:l:tIHlc-c.tiom :u~d licenses which you hold:
... .. .. ..... _ ftA-!f2 E-xrt ItlIMeR I
ec/IL
'D C/fr/2r ~ ~P-]c-
J J- t:-eY-2: _~
12" Descri ~eJ.'iel\('es, ~Ju1k or kn,~wl('dec which qualIfy yon to ~.<':ITt': on this bO"Hd: (plrnsc. artndl 7. brief rl':$utne)
/6IeqifS._c!9)'f.~~-/~Gr /,.,J ~ /I~ //l/O?-~:Y:
I!t>tttB1&VA!' OE~/4Ar ~~// ~~__.~/3-;jC~
/ /
I hercby certify that allllll: alK'vc s'tatc;;~~ES an~ tme, :ltld I agrtc OInd undCl'Sblnd that any ll1isstatement ~')f n1:lt~ f.'lctl;
cnntainl':d . - OIppliatio.l}',Jnay cause foa:fei(utc "~l,)n ffi)'- part of ~ny ;\ppointmenl I may J:ecelve.
./1 . . 6/8/0)-
DATI! {
~ Y -'te; . :application wiIllc.maill on flle jn thc~ C~.ty ti~k's Officc fot a period of 2 years from the date it was
:-mbmittL'(L It will be the ;lpplic~uf$ :t:C:5pon~ibilily to ensure th;lJ a cunT.nt 3ppli("~tlon is Ofl 111.:_
~rrvr.J J'.T..~"".~tlll.~rF!S(, A'nllN
r:om Regg.l.e Cox
to Z4":$":$-'-/4
at ~/~/ZUU~ 11:~b AM
UUZ/UO
REGINALD A. COX
715 NW 2"" SfTeel
Odra)' Reach FJ. 33444
(561-573-1131)
R1:GCOX@AOLCOM
:
Objccljve~ T(I I~n)\'ide qnl'llit). professional sen:ke support. to a good team, ill an :Jrrhitt:!ctunl.
cotlstructiotl, or related environment that offen nuibilit), And promotes profcisional d~vt/lopnum(.
HIGHLIGHTS 0);1' QUALIFICATIONS
· 15 years divcl'!.ificd expenence in Architecture, Ci~'il Ellgineering, Construction Management, and
Surveying.o'lv1apphlg. {X )Ta~ archi{cc!ural speci!;c.); Ability to prioritize. delegate, aud moti....ate.
· Quick learner; rhrive in a dynamic, challenging ~n\lironment: Work cooperatively wLth a .....ide range of
dient...; State I.kellsed Architect. SlalC Licensed Building Inspector~ State I.icensed Plall~ Examiner
REL~VANT EXPERlE~CE
CODstrllctioh DOCumentation
· Oversaw. updaled. and IIlltirlluint;,i civil t'ngint'ering systems drawings fol' the City of Delray Beach
Environmental Services DL.:parlmcnl rur four yeilrs.
· Successftllly completed architectural constructio[l documents for educational, office, residentjal,
c(.mmeH:il\l, and retrofif projects o....er lite JlJst nine yeO<lrs.
· AJl:llyzed :lnd interprete.d legal dcscril>lJ()m itp pmdulX digilal SlIT\'t;'ys. maps. uno resource planning
boundaries. Conservatioll and Rccl'CalioIl Lmds Program (CARL), Fkll'idlt T>ept. ofFn\'. Protection
· Production Team member for f.ev('rlll c~lmlll~rcial, oftlce. and educational facilities in Centrnl Florida.
· Pel1oJ'med cons!rL.lctinn uucumL:ntalion review for compliance wirh municipal. ';!.ale, mId natiunal
building codes.
· T'erfom1 ~n.lU;fur<l1 building inspectk1ns for residential Olnd commercia] facilities.
· Perh)m1 shop dr~wjllg review foJ' mulfiple ~ducationltl, Illcrcamilc, and hlJ$ine~;~ fiu;ilitie::;.
Ad mbl jstTa tiOD/J\111II RgCJlI C II t
Rc:~,p(msihk fhr Imilling ;md overseeing drafting ledUlkians il1lhe prCldu~liQn (If wurking dmwin.1l> tor
mulliplc commt:n;l.il projects. Sverdrup CRSS. ]9~H-2000
· SucceSsfully managed vilrious llrchitectural proj{'Cl5. wilb budgds over .$1.000.000 from prelimimn-y
design through construction documentation.
· I{espollsible for rL:dut;illg cunstmction document phase by 50'~b on 45.000 SF mercantile projects.
· Monitored and repurted COSl inn>nnation to "'re<l eJll/,ineers <llld architects for cost control dDtl) and
collected information for !>pedtic di$cipHne. Bechte.l. 1992
· Aurninislcn:d :oiuncnnlrac( pTOcerlures. as npplied to lower-lier subcontractors, l3echH~1 19'i3
· Produced spre21dsheetS;J!) required tor subminal. inspec.tiotls, anu hOisting. <Iud rigging <IS (lL:r1aining l,)
subcontracts under tile U.S. Deportment of Energy prime contract. Bcchlcl1993
· O..us<J.... and dircckd FA\fU-NOMA administrative tlmctiom; (J9CJJ-IW6)
· Ueveloped division of I'Csponsibilities aad standill,l!, committees
· Developed am.! supcni!'.:d nrgani:ta1 ional budget.
ClUllputer Skills
· Responsible for lIpdaling eornputer hllrdware and software, worldng as office liaison fot' computer
problems. OUke of EIl\'ironmental Sl:r...ice.... State of r1(Jrid~
· 1 J years diversified c:'\periencc uSing AutuCad (Rclca~t; 9':~OOO)
· Complered course in Advanced PC: Troubleshooting. (June I 99() E~$~l]t[lll SemimlTs)
· Competent user ofa variet}' ofsoOwarc ....hich include MicmSlation. Microsoft Word. F.l\cel, Outlook,
CorelDraw. WordPert~ct 7.0, ArcView, Novell GroupWise. AS400, and Aul!) Archih:c1.
. T'n}log frojecf ~'langer 5.1. 7.0
corn Reggie Cox
to 2433774
at 8/9/2005 11:56 AM
003/00
\-VORK HISTORY
JlUl'OJ - Jun 'OS _P]~ns Examiner/B1dg., Insp_
Nov'UJ . Sepf03 Project Coordinator
Oct '00 - Nov'O) Plans Examiner II
Aug -9~- Uct '00 Project ,\rcbitect
No\' '97- Allg '9S Pr~iecl Architect
May "97-Nov'lJ7 Intern Architect
Sep '%-J:eb '97 Arehileclun.lI Drafting
Dee '95-Ylay '1}7 Eng.ineering TecJmician TlJ
Au); '93-Dec '95 AlIloCad Operntor
Ma).' '93-Aug '93 Subcontract Technic..l Rep.
Jan '92-Auf!. '92 Fitdd Technician
.Iun '86-Ve{' '91 DraU:;pers<m
City QfRoca Ratoll, lJoca Raton, FL
FaTminl~/Irowe)' Associates. We~t Palm Beach
Cily nfDelmy Beach, Dekay, t:L
Sverdrup CRSS. Orlando {.Iacobs Eng. GroLJp}
Slolllcr ~tagg & Associates, Orlando
HLJnton Rrady Pryor Maso Architects, P.A_. Orlando
Gomh.,-in-Goudwin ;md Associates, Tallahassee
SltllC uf Flnritla-Office of Envil'Onmental Services
Stale uf Flurida-Rureau of Survey lInd tI,'1apping
BedlLcI Ccmslruct.lon.Aiken, SC (SR.S)
B....t;hLd Cunslrllction-Aiken, SC tSRS)
Cil)' uf Dclruy Rcach-Fn....ironmenral Services De-pI.
EDUCA TION
MaSlrlr of Busine$s Administration - U,IVERSITY OF PIIOEKlX, 2001
Bache-lorofArcl1itecture - nORmA A&M UNIVERSITY, 1997
ll3chelor cfScience. A.I'chirecrmul SILJtI[I:~- FLORIDA A&M Cl\IVERSITY, l':NS
Associille ofSdence, Drafting; Desi~1l Tec.hnotog)' - PAU.'f REACH COMTvfUNlTY COLLLUJ.::, 19',10
Associate of 1\rts. Education - PAL;...-) BEACH COMII.HNITY COLLEGE, 1991
~
TO: CITY MANAGER
FROM: , PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF DECEMBER 12, 2006 - CONSENT AGENDA
APPROVE ADOPTION OF THE DELRAY BEACH PARKING MASTER
PLAN
THRU: RECTOR OF PLANNING & ZONING
The City Commission, at its workshop meeting of November 14, 2006, directed staff to
forward the Delray Beach Parking Master Plan for adoption.
Attached for your review is the plan to be adopted.
In the past year the plan has been reviewed by the Pineapple Grove Main Street Board,
Downtown Development Authority, West Atlantic Redevelopment Coalition, Community
Redevelopment Agency and Parking Management Advisory Board.
At each of their respective meetings, these various Boards have recommended
approval of the attached plan
By motion, adopt the Delray Beach Parking Master Plan.
Attached: Parking Master Plan
~.G
rqjj!
1993
2001
DELRAY BEACH
DElRAY BEACH
f lOR IDA.
*****
PARKING MASTER PLAN
November 7. 2006
T able of Contents
Introduction................ ............................................................... 1
History........... ..... ... .......... ............ .. ....... .. ................... ..... ......... 2
The Study Area & Descriptions ......................................~............... 4
Parking Inventories.........................................
a. West Atlantic Neighborhood -1-95 to Swinton
b. Central Core - Swinton Avenue to the I
c. Beach District - ICW to Beach
Parking Deficiencies ................................
Potential Sites and Capacities..........................
Funding Options.........................
Revenue Projections....................... ..
.........16
INTRODUCTION:
The following report has been prepared to create a comprehensive plan to
address the parking challenges in the Downtown area.
The report will review recommendations of previous parking studies and
results of the 1998 joint workshop between the Parking Management
Advisory Board and City Commission. The report will also discuss completed
tasks which were identified in these studies, and at the workshop, and
additional tasks that may have merit., '..
<",".,-,,,,-
The report will divide the City into three (3) geograpt:di:~:~reas in accordance
with the adopted Downtown Master Plan to d~t,erm:~~:;Jhe approximate
parking needs of each area.
,:,:":,:,:"_,-,_,,_,,;,,,,,,',:,<_H. ,,","',.'^;.F,;~
A cluster study, provided by the Delray ~~ach Joint Venture:::ia~ used to
approximate the number, square footag~~~.9 typesQf businesses:tl'!~~M~hout
the study area. It is noted that this studyis~Ji)proxi']ii!a~~ly 85% accd~~te with
respect to uses and associated square footagl~.:.iffjjslnformation will aid in
approximating parking deficiencies within theI~~lJdy area and assist in
projecting future demand.
,".",.,u,.,",,,,<",,,,~,o;,,,;,,,,,,
,.,H, 'h.'"".",.;.''''''''''''''''''''
A recently conducted downtown:::~::puali~'II~g~~ing inv~~'i~iY was utilized to
determine the provision of publi~ par~iAg!QrQughout the study area.
Additionally, a par~,ipg..~tudy condli~~~5y Pii1<!Jer:m:& Troutman Consulting,
Inc. prior to the Dawntewn Master pr~!'1 Charrett~Cwas utilized to determine
off-street parkifjl~:provide~'~y the privatI sector in the study area.
Suggestions of ~M~~~:pq~~i~g:fgEilities s~6~ld be located to meet the current
need potea~i~l;fri1:~fAeii3~~p!i~ns will also be discussed.
1
HISTORY:
Part of the substantial deficiency experienced today is a result of reduced parking
requirements associated with restaurant uses. The parking requirements have changed
over the years and even today do not represent the actual demand for restaurant uses.
The following is a brief history of these requirements:
1. In October, 1976 the restaurant parking requirement changed from one (1) space
per four (4) seats plus one (1) space per three (3) employees to 1 space per 300
square feet of total floor area. ...,....
2. Ordinance 64-93 establishes the parking requirement.!~frestgtlrants, cocktail
lounges and bars at 6 spaces per 1,000 square fe~!:iA:~~. CBO Zoning district
outside the original OOA Area (1 block north and;6~j'i.lthot~tlantic Avenue
between Swinton and the Intracoastal Waterv-pgy '(i~W). Witlli.B.~he original OOA
Area the parking requirement for restauran!~:remained at 1 sp~~~per 300 sq. ft.
3. Ordinance 4-01, adopted February 6, 202~established the parKir:l~:~equirement
for restaurants, cocktail lounges and 9?l{~iiiQ the or~~inal OOA Area~m~~.:6spaces
per 1 ,000 square feet. . . ......,.:.:. ..
",,,"',,,,,,_ '-'M-,---'
q-,,,,,,-,,,,,,,,,,,. <.""',.,."
In 1989 the City commissioned Wilbur Smith Assci'ffi~~~~ 0NSA) to conduct a parking
study and develop a "Parking Maste~fl.an" for the Clti:i~t the time of the study, an
overall surplus of 119 parking spad~~~~.~ reported ini~he..<3rea between Swinton
Avenue and the Intracoastal Waterway.(fC~~~:~ncj a defid~B~Y of 57 parking spaces
was reported for the area east if the ICVY. W~~m~~!~cj ilJthe report that the parking
requirement in the studYg[~.<3 was 4.5 spaces:::per onijthc)'usand (1,000) square feet of
floor area while the pg:mifl~.m~~guirement af:i:the time was only 1 space per 300 sq. ft.
thus rendering th~~[ojected:~!:.Irpluses/delj~iencies inaccurate. Using the corrected
numbers would havemF~sultedin a 26% va.~gflCe in the number of parking spaces
requ ired. .... . . ...:..;:.........:...:~O...,
,';M""'"k''''.<';,'''' """""mm"",,,,""<H"<""'~'''~'''''^
In July, 1 ~~1.~:':m~:m~j~~;co;tf~~~~iO~.mapp:mm:ed a Parking Study Committee. In 1992, the
ParkingSt'udy Commiftee (PS~~:prepared a Master Parking Plan using the 1989 WSA
repor't~i')~ a study prdvI~~g by Ri~rn::~:lIid Associates in October 1991. The following is a
sumrnaFyQfthe recomme~gations~ontained within the studies and their status:
Recommendation:: Status
Create a ParKiijg1i.Manage.m~nt Team to Created the Parking Management Team in 1992
provide leadership oi1P:~rkifl~:iaecisions which became the Parking Management Advisory
m Board in 1998
"C"""""""""^'_'"
-Create a parking trustifiiind depositing In-lieu As a result of this recommendation In-lieu fees and
fees and meter revenue separate from the valet queue revenue are deposited into a separate
General Fund to be used exclusively for account and used for parking purposes only which, in
parking purposes essence, is the City's parking trust fund. Meter, Beach
Permit and parking citation revenue is deposited into
the General Fund.
Implement a directional I parking signage Phase II of the Wayfinder Sign program was
program to assist people in finding existing completed in 2002.
parking lots
Pavement marking program (striping) existing Striping has been 90% completed in the 2 blocks
on street parking spaces to maximize efficiency north and south of Atlantic Avenue between Swinton
Ave and the ICW. Onlv SE 1st Street and SE 5th Ave.
2
Seek State/Federal interpretation regarding the
provision of handicapped parking to
consolidate spaces and not have handicapped
spaces in each lot
The committee recommended that the City
proceed with caution with respect to building a
City owned stand alone garage and suggested
that such a structure could be built in unison
with a ma.or develo ment in the downtown
Federal Hw . remain
All City parking lots have handicapped spaces per the
Americans with Disabilities Act. The City has
reconstructed the Ocean Blvd. (SR A1A) handicapped
parking spaces adjacent to the pavilion to achieve
compliance with the Act.
The Worthing Place project is the perfect example of
such a recommendation. When completed this
development will result in the construction of a 207
space parking garage, 10l:::l:ipaces of which would be
o en to the eneral ubl.icE::::::
The Parking Management Team, established in 1992,,:!r:a~~Itioned into the Parking
Management Advisory Board (PMAB) in 1998. T~~:::Boaf~'m:l3dvises and makes
recommendations to the City Commission with resp~gt tQparkirig:~~~~agement policies
and related issues, including but not limited~~::planning, fina:fj~~~Q, development,
construction and operation and maintenanc~:::of parking facilities.:i:~~:~ Board was
originally comprised of nine (9) members'::~JlsistingQJ a diversegE~~pincluding
representatives from the CRA, DDA, P&Z Bo(:H'~im:~har1J~!f::of Commerce;: Citizens at
large and business people representing various nel~~~C5fho6ds in the downtown area.
In July, 1998 the PMAB and City Cq[11mission held a"Jij~~~'Norkshop for the Board to get
some direction regarding their strat~~j~::::~oals and oDJe~tiY'es which are summarized
below.:::':::::::::::::::::::""
g" ""'''M'''''''''''''''' ,,;::Status
Specialist '~arkin~r: Ma'ijage:r:aent Specialist position filled
Jan:aa ,200 1";~iii:'
TH~:, Board was:expanded to 11 members to include
an atlditional citizen at large and a representative from
the We.stAtlantic Redevelo ment Coalition ARC
the 4 Tuesday of each month. Has
to the Board meeting only if there are
items to discuss
Each new Board member is given copies of previous
parking studies done in the City to familiarize
themselves with the histo of arkin in Delra Beach
No action taken as a product of this workshop.
Discussions involved a possible moratorium of the in-
lieu of parking program and increasing the parking
requirements for restaurants in the CBD one block
north and south of Atlantic Avenue from Swinton to
A1A to 12 spaces per 1,000 sq. ft.
In January, 2005 City Commission approved certain
modifications to the In-Lieu of Parking Program, the
most significant being that New Development must
provide all required parking pursuant to the Land
Develo ment Re ulations
Recommendation
Create a Parking Management
osition
Balance the
Develop
Review
address
The following two recently codified privately initiated text amendments will have
influence on parking within the study area.
3
The PMAB is now charged with providing recommendatiolJ~::;:f9r a comprehensive
Parking Master Plan to the City Commission.
THE STUDY AREA I DESCRIPTIONS:
The plan will address the parking needs of the foll~MifR!1J:;!h~ee (3) ar~~;
~ West Atlantic Neighborhood - 1-95 to .~~18Jon Ave[lue bounded'B~~~~.:1st Street
st ..:.... """""";;',';':,,',".."
to the north and SW 1 Street to the soutMi:':",.::::';::"
""W<,"~;<<<c<' .,""",'
"<'i,~,',"',.','H _~,,~''';
~ Central Core District - Swinton Avenue to":~Ba.:..lntracoastal Waterway (ICW)
bounded by NE 2nd Street tot~~.~orth and SE 2~~:j:itreet to the south, excluding
the RM Zoning District locateds~iil~~QtAtlantic Avaij~~.R.~tween 7th Avenue and
the ICW.'
<'" .W","'''<<'''''''''"<6'''O",,_
<"H" "",,,,,;, "_',o'H'''''''';';'''H~_~
~,",',~. ..<,,<"" ',,>~""";"",-"~=HH"'_ """f'"
~ Beach Area - AtL~Q.!~:f!:.:,~venue frorii~:;t~~~::rCWT3E[~i!ean Blvd. (SR A1A) bounded
by Thomas Str~et::fO::tf:i~EQorth and Inqraham Avenue to the south.
...... ." ., ~~~t Atlantic ~~!S.~borhOOd:
The West A!I~~t!~.nei~R;ij~B1i5~~~:~:~:i~~:IIB::the:::':i~~ant stages of redevelopment. Recent
develoPrn.enfln::fRem~~~~ intry:~~:~ AtlanficGrove, located on the north side of Atlantic
Aveny~from NW 3ra~venue liij:~'lV9th Avenue, the Courthouse Garage and Library.
The Atlal'ltic Grove devQ~~pmenf~~avided a 13 space surplus of parking on-site and
construct~~.c;:1pproximatel~,'l2 on:;street parking spaces for use by the general public.
During the:'~l::>lJstruction:~~ the Courthouse/Library Garage, the CRA contributed
$330,000.00 (if+*ffi)..for addi!~~'nal infrastructure (footers) to be built into the surface lot to
allow future expar[sipn g.f:the garage. This future expansion will result in approximately
200 additional pubH~:;~~fking spaces in the area.
In December 2004 the City entered into an agreement with the County to use the South
County Courthouse Garage on Thursday, Friday and Saturday evenings to
accommodate parking for visitors to the downtown. Parking in the garage is free and the
hours of operation are 5:00 PM through 2:00 AM. This provides an additional 364
spaces available during these evenings.
The adopted West Atlantic Redevelopment Plan calls for mixed-use development along
Atlantic Avenue with commercial components on the ground level. The recently
4
completed NW/SW 5th Avenue beautification project is intended to revitalize the former
commercial corridor and has provided 20 on-street parking (net increase of 3 spaces).
The majority of sites in the area are undeveloped or underdeveloped. It is anticipated
that new developments will include the construction of on-street parking spaces in
addition to providing the required parking on-site pursuant to Land Development
Regulations. The CRA is in the process of aggregating properties in the district. It is
likely that once aggregated, development proposals will be solicited which could require
additional public parking to be provided.
Central Core District:
The Central Business District currently has a high cQf1Ie:er1~I!~~jQn of restaurants and
nightclubs which generate a high parking demand. .Tlle Joinf:~ent.ure has created a
Cluster Study (85% accurate) to assist them in d~~i~iriing appt6:~'eate businesses to
solicit for the downtown area. The Study lists alleusinesses in the D:8~~town area with
the approximate square footage (when ava. HaEile). The:.S. tudy reportS:~~Q:ta1 of 494
businesses in the Central Core area with a tc5tai~Q.f~Z8,02~:~:Buare feet ofs,fjace.
Due to the age of the area, a majority of the buildini~j1i~ere constructed requiring less
parking for restaurants than would tl~:::Rrovided under:tij~C)yJs code for their use. This
condition creates an abundance ot:~1~~~~~i.~ting parking::~~fislencies. Over the last
several years this trend has accelerat~a:::Wi~m:mc:my conve~siOns of retail stores and
offices to restaurants. Due to the limited:~umb~'[:~Gf::l~~Q~v~lo:ped properties in the area,
the opportunities to pr()yi~.~the additi6QC)II~::::heeaea1!!!parking are limited. This has
resulted in an increasea:atiU2ia:tion of the Ir'i!l:ieu of Pa~klng Fee program. Developed in
the 1970's, this pr()9[~:m has:~~~lted in the purchase of 101 in-lieu of parking spaces,
to accommodatec6n\l~f~ions clf:ld redevelop~~Qt: in this district. The balance of the in-
lieu fund for all districts(~:~~.at~~:1g:2:~ge.~r 2009~::rs currently $1,145,484.
'."""E','f,','fM"'f,,,.,,"f""''''H'''''''''''''8''''''"'~"'H"'"
-c.'-'.''''.''''"''-''ff''''.-,'"._";.,,.,..f''''"'"'''-'
,""'-'h"""""<,<",',"''''''''''H""",,e.,,..
,-"",=""",,,,'''''.','-<,'.N>''
Beach Area:
The:ge~~l:1, arguably t~:e!::~ost papa!i:ar component of the City, accommodates tourists,
visitors frOf!1neighboring::f!1unicipalities and Delray Beach citizens. It is reported that
there are 12~~usinessesm:iNith a total of 608,117 square feet in this district (per the
Cluster Studyj':Jn~luded irj:j~his mix is the Marriott Hotel with 268 rooms, the Residence
Inn with 95 room~:.;Cranes Beach House with 27 rooms, Boston's Motor Inn with 14
,....,.MM"_' ....."H
rooms and the prafj~sed Seagate on Atlantic with 162 rooms proposed . Although
parking for the hoteJs is provided on site, the hotels sometimes host conventions and
large parties which may also rely on the municipal parking pool. Additionally, there are
three (3) major restaurants on Ocean Blvd. which generate high volumes of traffic
(Caffe Luna Rosa, Boston's on the Beach, and Shore Restaurant). Although Caffe Luna
Rosa operates a valet queue on the southwest corner of Atlantic Avenue at Ocean
Blvd., the combination of the limited number of spaces available for lease in the area
and the number of beachgoers willing to pay for valet parking often limits the number of
restaurant customers the valet company can accommodate. Including recent
development proposals a total of 19 in-lieu of parking spaces have been purchased in
this district.
5
The Beach area has been identified in all of the previous studies as having the largest
deficiency of public parking predicated by beach goers.
INVENTORIES: (Public Parking)
West Atlantic Neiahborhood:
Atlantic Ave.
Side streets
north & south
Parkin Lots
61
one block
Total
93
368.."
522.....:mm:.~.
Notes:" ..... "" "
o West Atlantic A venue is scheduled for beautfiiaat;'o'n from NW:tSW 6th A venue to
NW/SW 1dh Avenue which will alter the..'JtJ!rhber of spaces ont17~:~Kenue.
o The NW/SW 5th A venue beautificatioQfJ.!iQject ha~;.provided anarJllitional three
(3) on-street parking spaces (17 to 2(}) be~~ft.n S~~m1:~~ Street and Fi:W~d Street.
o The Block 60 CRA lot, containing a total of'fi.~.~f.lifces; (included above), has 29
condominium spaces that are not availabletflthe public 100% of the time
(usually weekdays from 8:00 JJ.~..~Q,5:00 PM)."
o The Courthouse Garage, Libri!ii:1.;.~f2t..,and envision~i!f....@gdition to the library lot
(200 +/- spaces) are not includea.inYfif1$:j'if'jJ':~[1tory. TheWjarage is excluded as it is
only available to the public on w~kencf..iilfiilj.~IQg~:rfie library lot and proposed
addition are the librar:y!pl'1s decli~~led to library patrons and the
addition to the not yet be~i1 constructed.
Central'~re:
102
386
Al~bti~~.Q:;m;l;!...:. :.. ... ..... "..
. .. .. .,:'.... Side':::'streets' twij:.:;olocks
,." .. ...: "'):E IeQrth&ESauth
:S!~~I.,I'n L":;;;t';iS:,...
~su;D- Ui;)"""",,,,,,,,,
Total
700
1 , 188
Notes: 'c::'::':...
o 20 on-~fr.fj~t. space$...fJre utilized for valet queues and are not available after 5:00
PM. ....... :.......... ..
o The complete~.:j!jE 4th A venue beautification project has provided 62 on-street
parking spaces which have been included in the inventory. This represents a 23
space increase.
Beach Area:
Atlantic Avenue 37
Ocean Blvd. (A1A)
Thomas to Ingraham 111
Parking Lots 259
Total 409
6
Notes:
o Six (6) on-street spaces are utilized for valet queues and are not available from
11 :OOAM - 2:00 AM seven (7) days per week.
o Does not include 4 lifeguard spaces, 1 Police Dept. space.
o Three (3) spaces on the south side of Atlantic at A 1 A are a Loading Zone from
8:00 AM to 11 :00 AM and Valet from 11 :00 AM to 2:00 AII4~;..
o There are three (3) 5- minute spaces on the south side.C!:~:p.r/al1tic Avenue
between Palm and Salina A venues. .;;;.
o Anchor Lot and Atlantic Dunes Lot, outside of the.;~~titi~:~f:.:f!.a, are excluded.
N';'o;,'-" '."'H~"',,"'>
;-";<'<0'<;' ",,,,,,,.,,,,,.,,,
;"N.;'''; ,,,,,._,,,,.,,,.,,,
;'d,'-" ,,,,,",,.<,,,,,,,,'-,
Private Off-Street Pfi)I~~.[la;;.;
(Provided by Pinder & Troutman
Area.., ratal
West Atlantic Nei hborhoa~;i;iI..a94>
Central Core ,106
*Beach Area ';:m~.3
* Excludes parking spac~~i;!~~~~;~ proposed Seag~!~;~m 1t1antic
PARKING DEFICIENCIES:
=."""'''''''''.''''',,",>-
"'."'0 'i-''''''''''''''''''''''''
"""'H"H"""~"U'",,
"""""'"'''>.'0.".,0.'''''-''';'''''
'.H'''~
West Atlantic Neiabb;orhoodEit:..
,..,..,.,....".r"".' ;.,,,.,-,,,
Businesses on Wesf;AUc:lntiG..j~~~nue and ~/SW 5th Avenue generally serve the
surrounding~~~ig~ntial~~f~~PothQQ~';;;V:1~I.lsirl9 and bicycling to these establishments
are a mo~~;comrr')~.~Ineans;:~!..~ranspc:frtation than driving. Due to the large number of
undev~loped and uj::jq~EgeveJ~i~~g commercial properties, the neighborhood currently
doe~'rlQt~uffer from ap~rking deneieflcy.
_;'f"':'" ';;~>:,;,;,;, <d"d>"
Central Ciie.:
C.,.',.'..N';o<<.'" ",.","
The Central Gof:~~area i~~:::the busiest section of the study area. It also sustains the
highest parking d~fi~i~n~Y - a problem compounded by reduced parking requirements
in the original DowritQ~in Development Authority area (one (1) block north and south of
Atlantic Avenue from Swinton Avenue to the ICW). Parking requirements in this area
are one (1) space for every 300 square feet for all non-residential uses except
restaurants, which are required to provide six (6) spaces for every 1,000 sq. ft. of total
floor area. The remaining core area has parking requirements which differ with use and
are similar to requirements elsewhere in the City except for restaurants which is 6
spaces per 1,000 sq. ft. The proliferation of restaurant uses on the Avenue and the
related higher parking demand in concert with the reduced parking requirements have
exacerbated parking deficiencies throughout the Core Area.
7
The Institute of Transportation Engineers, Trip Generation, ih Edition was used to
establish the parking demand of uses based on trips generated. The two (2) categories
of restaurants staff researched are Quality Restaurants, defined as full service eating
establishments with turnover rates of at least one hour or more usually serving lunch
and dinner; and High Turnover Restaurants, defined as full service eating
establishments with turnover rates of approximately one hour, usually serving lunch and
dinner. The trips generated, based on 1,000 sq. ft. of gross floor area, are as follows:
Trip
Generation
I Time
Weekday
Saturday
Sunday
"",,,".'","
As demonstrated above, the six (6) spaces,;:peE~j~:~QOO sQ5:ft. required bY:::~l~YGode are
half that of the real demand. Restaurants in the C~~~:.,A,~~afotal 144,945 s(;f. ft.. Utilizing
the highest demand noted above (13 spaces per1:~~~D sq. ft.), 1,885 parking spaces
would be required for these resta~,~c:mts alone. Tfi~'~~mainder of the Core Area
commercial properties totals approxi~~~~I;~822,305 sq~~~:Whi~h would require 3,289
parking spaces using a four (4) spac~,.pe~~,~::tQQO sq. ft. ra~~<similar to LDR parking
requirement for shopping centers).................,.....
<,,<",.- .'>HH'''",,,",>>'.''''''.c_ ....,
'-0- _"""",..",,,,,<,,,,,,,,,,,.,,,,_,_,
Based on the aforem~l'l1~ifi!~~~:.. excluding ';i~e:;Osquar;::r~tage not currently included in
the Cluster Study, theCoreA~iia requires a~ptal 5,174 spaces. A total of 2,294 spaces
are provided by bQt~:;~~~City a;~~~: private sed~r~~~sulting in a 2,880 space deficiency.
'.0"-";',""..' <'~'~"''''".,".'".>
It is noted that the aforerrfEjntidnetli:~~~~I~ncjes may be overstated after considering the
following fc:l~t()rg~:.:im::: '. .' .... " ,.
1.:~f'is likely thataii~~~ge nu:f:ij~~f:(')f restaurant patrons during the lunch hours are
effiplpyees of neig8~Qring ~B;sinesses in the downtown area whose vehicles are
alre:~g~parked elsewl"1ere; ..0
2. Consl:a~~~~ion for v~iing hours of peak demand has not been made. Offices and
some oftH~..retail oo~hops are closed during the evening hours when restaurant
parking deffi~~g.ds:at it's peak utilization; and,
3. Visitors to the (:fbwntown frequent several establishments in one trip and leave
their vehicles parked as they walk through the downtown (internal capture).
Calculations were performed using the shared parking formula incorporated in Land
Development Regulations Section 4.6.9(C)(8). The square footage for offices and retail
were assumed at 33% and 67% respectively. Restaurant square footage used was
derived from the cluster study. Based on these assumptions the highest peak demand
would be during evenings between 6:00 PM and Midnight and require a total of 4,452
spaces. This equates to a 764 reduction in the deficiency stated above. It is noted that
these calculations incorporate restaurant parking requirements at 6 spaces per 1,000
8
sq. ft. as opposed to the Urban Land Institutes recommended 13 spaces per 1,000 sq.
ft. Additionally, variations between the percentage of office and retail space
assumptions could have significant affect on the total number of spaces required.
Staff contacted Rich & Associates Parking Consultants to gather information regarding
findings in other cities. Rich's protocol for determining parking needs in downtowns is to
survey visitors to determine visitor patterns (i.e. how many different establishments
have they visited, have they moved their car from it's initial parking space, length of
stay, etc.). A recent study conducted in Daytona Beach has shown 3.05 spaces per
1,000 square feet to be a sufficient parking ratio for Daytong~:~each. Other studies
conducted resulted in a parking ratio as high as 3.75 spaces p~rr;"000 sq. ft.
Recalculating the parking deficiency using a ratio of 1 spa~e':PiE:~OO sq. ft. of floor area
(LDR requirement in the original DDA area) the parki,ng::;~eficie'Pi~~i;in the Core Area, is
further reduced to 930 spaces. "',,
Beach Area:
""""""", "~'~H'$.<,
"','.,",','", ,,,",,,~'e
The Cluster Study indicates there are 124 busines~~~,,:;!ef~litJ~ 608,117 s<r ft. including
five (5) hotels. Although visitors to the hotels attendiniiJ1i~onventions and other functions
may use public parking spaces, tf:1~Q.~tels are belng'.j:~~c1uded in determining the
deficiencies as they provide ample ~~~i~~:.t?r their gl1:e~~~qgpd, in the case of the
Marriott and proposed Seagate on Atlaetic;an~~.l~e publict~j:park in their garages. Of
the remaining 312,259 sq. ft. 36,573 sq.,{t. are~e~~t~~torestaurants and 257,285 are
devoted to other commercj~J..uses. Applyj~g!t'1e sarnei~~~fmulas as in the Core Area, (1
space per 300 sq. ft.)tt'le'~Q~~~:fequired pa~~lng would.:'oe 1,141 spaces. A total of 952
spaces are provide::,~mre::sulting:~~ an 89 spaij~ deficiency. It is noted that this scenario
accounts for thecol1:i~~.rcial ~~BS only. Tolr:l~prporate parking for beach goers, not
frequenting any of theijamm~,~GiaLuses, Sta~:has applied a ratio of 3.75 spaces per
1,000 sq. ft.(!t'l~:m9ximumi:ir~~offiffiEia~~~:~yHich & Associates) which results in a total
deficiency.::ef~'~::5p~~~S. qq., . qqq
'''H~''H_fM''
Attacri~~':fpr your reviewiji~~ the 'v~~~aus scenarios used to determine the deficiencies in
the Centr~lCore and Bea:~~Areas~ q
""""""""f.' 0Mu'
,;;,<,.,.o,;.,,,,,>,,,~~_.,
9
Deficiency Scenarios
Core Area
Spaces
Commercial
Restaurant
822,305
144,945
4 s aces /1 ,000 s . ft.
13 s aces /1 ,000 s . ft.
3,290
1,884
Total
2,880
Restaurant
822,305 4 s aces /1,000 s
144,945 6 s aces /1,000 s
Commercial
Total
,865
A lied mix used shared
General
Commercial
er LOR::::::::,
::::EEer LOR Section
4~6t~~~)(8) Shared
Par'Ri~g;;Q~,~ed on
percentag~ii~n.Jse during
peal<"'times.
550,994
*Office
271,361
144,945
*Restaurant
Total
2,294
2,073
* Assumes 33%
. ft.
Commercial
Restauraaf'
4,112
725
I()iiL "
4,837
2,294
2,543
,.,.,.",.,.,.,."...."., ,.,.,.,;"";,,,.,,,~ '" "'<
Utilizin riil6emation receivJ1:l~lrom Ri~h & Associates Parkin Consultants all uses 1/300
Restaurant
. ft.
. ft.
2,741
483
Commercial
Total
3,224
2,294
930
10
Deficiency Scenarios
Beach Area
Use
Parkin Ratio
Restaurant
275,686
36,573
4 s aces /1,000 s . ft.
13 s aces /1,000 s . ft.
1,103
Commercial
Total
626
. ft.
Restaurant
275,686
36,573
4 s aces /1,000 s
6 s aces /1,000 s
Total
370
Commercial
Total
A lied mix used shared
General
Commercial 184,709
*Office
90,976
36,573
.....;;:.:' Per LOR Section
':':'::~A.6.9(C)(8) Shared
::;:~~earkinq based on
"p~t:~e,r1tage of use
du't:io:peak times.
*Restaurant
Total
* Assumes 33% Office us~:anijlf~.General coniiii~Fcial
952
359
Total
aces /1,000 s . ft.
1,103
146
1,249 952 297
Consultants all uses 1/300
. ft. 918
. ft. 122
1,040 952 88
CommerciaF.....
Restaurant
Please note these estimates are for commercial establishments only and do not include hotels
or parking demands created by beach goers.
11
POTENTIAL SITES AND CAPACITIES:
The following is a listing of potential sites that could accommodate the construction of
parking garages. The number of spaces provided through joint venture partnerships
with developers would be contingent upon the type of development and the parking
required accommodating the use. Based on recent information from Catafulmo
Construction $25,000 per space was used to estimate the construction cost of the
potential facilities.
West Atlantic Neiahborhood:
1. South County Courthouse I Library Site '"';;:"::::::>,
~ As stated earlier, during the planning st5lie'SQI:rr:::tre facility, the CRA
contributed $330,000.00 to construct thef~ti~~ation t~iiit~~ parking lot to the
east of the garage to support two (2) upeeFle;y'Sls. This S~~~[Ision will provide
approximately 200 additional parking,~paces for use by the~~~f3ral public.
Recent changes to the In-Lieu of Parking prog:r~mwi" r~~~Jre all new d~~~I~pment to
provide their required parking on-site. As the CRA;:a,g~[f3~ate's:properties in the area it is
feasible that development requests (RFP) advertisij~i.rnay request the provision of
additional parking, above code requirf3'!1f3nts, to be utilit~~:2Y the general public.
Central Core:
--""""';"<"<<'<'<<'."""~".'~"
;H"""'- -';o;"""H"H,HHH""
1. Old School Square ......... .,,,.:"" .m~::::m:rrmjjj::::'
~ The propo~~~:::P~~~isg garage a~facent to :i~ld School Square is currently
under cOI'l$~ruction:::~m~ current cd~struction plan provides 524 spaces (could
be increase~:with th~;;;inclusion o(~Qmpact parking spaces) at an estimated
total costoimm.~15~p:p:P:~QQQ (inclu~lng the retail component and ass
bcttg[QQms). .............. ..
,", .~,.,.,;;;;".;;".,,",.,.;;;.,;;;;H;,;;';.;'H"
__<.f',"'"";""'."''',,"H.''''',
""0 "';'..,.,.;mW'HHP
'~,<'."~H",
2.:,.~i1Irrent Libra:fYij~~~ - B'I~@:i:101
.:::~)n responselQig~tle rec~.ftlt:RFP advertised for redevelopment of the site a
~rf3sentation tiij~. been.:made to several boards including the Community
R'~~f3velopmenf~gency and City Commission. The winning proposal
identifjgd replac~i11ent of the existing 81 spaces currently located in the Old
CitYLQ~~oThe..:RFP required a $3,000,000 payment for the property. A
proposar~~:tl:le developer to construct additional public parking spaces in lieu
of this fee~as been offered and is currently being considered.
3. Railroad Lot (f1k1a Hands Lot)
Already owned by the City, construction of a garage on this site eliminates costly land
acquisition. Although feasible, the configuration of the property would result in increased
construction costs. The site is already used as a public parking facility and its location
adjacent to the Railway would not have a negative impact on neighboring properties.
Utilizing the North West portion of the lot the site could accommodate a 528 space
structure. If the Hands Stationery warehouse, located in the lot, were to be purchased
by the City and incorporated into the structure with the adjacent parking tiers to the
12
south and east, the capacity for the structure would increase to approximately 1,000
parking spaces. Again, using an estimate of $25,000 per space, the cost for
construction would range between $13,200,000 and $25,000,000. It is noted that this
location, interior to the block and adjacent to the FEC Railway to the west, does not
include a retail component on the ground level.
The Florida Department of Transportation is currently doing a study (South Florida East
Coast Railroad Corridor Study to determine the feasibility of creating a passenger rail
system utilizing the Florida East Coast Railroad line. This project would propose 11 or
so stations between Miami and Jupiter. Staff has been workil]i.~ith FOOT to have a
station in the City. The City is an excellent candidate as we.13:avesufficient densities of
residential units within the project area, a shuttle running fr~.i::!he Downtown to the Tri-
rail station to allow for transfers, and the potential to COI]~trua:ij!~~~9rking garage on what
would be the likely site for a rail station (Railroad Lot, oetween'Atlantic Avenue and NE
st .. '::. ":::::.:.:.:..
1 Street).::::: ":'!::
4. Gladiola Lot (f1k1a Vittorio's Lot) ;7~:":::~E!mm:::, .i~':::::. ~~m:::::
);> Located on SE 6th Avenue (Northbouna;:~Iffi~g~'f~r'Highway) between Atlantic
Avenue and SE 1 st Street, the lot is 120i':::ai~p by 223' long. Although large
enough to sustain a free~tiEl~ing garage, tfi:em~l]gress/egress would need to
be on Federal Highway to p:~~~i~~:gptimal ingress:~fld..egress. Purchasing the
property to the south would!:.inbfe~~~....~~e size Q~.!:the lot to 120' by 353',
providing more parking spaces:.and ~Ila~il]gJhe,ingress/egress to be placed
on SE 1 st Str~~t:~Jhis proposal~~tHd reqtj!!~e:::lhe relocation of the historic
structure (T~:e81!~!ji:~:.. House) an~ the demolition of an existing office and
apartmel]!~~ilding.'~!!h commerC:i~1 space on the ground floor, along SE 6th
Avenue;"tnl~::.propo~~d project W~~19 create a more pedestrian friendly
atmosphere(!)~I!be~!~Q~~Ihe lot dimension is 223' along SE 6th Avenue by
138;d~~p~0 the:~~jacent::rt~~~~~~E1th alley. Using a height of 12' floor to floor
pntHef:~~~!::Jever:~fd!~ 9' f1ooff6 floor on the upper levels the site could
::accommcida~~:g five:::~~)....level structure providing approximately 350 parking
:'::~paces with:::~:~!pOO 8q;:":' of retail fronting SE 6th Avenue (Northbound
:::~~:~eral Highwa~~~,
If "tf!t~!:.Handlesi~n property to the south was to be purchased and
incorp(!)~~!~d il]!~fthe facility the approximate capacity would increase to 576
parkings'p~Ges and 16,500 sq. ft. of retail. Applying a cost of $25,000 per
space the':::estimated cost would be $8,750,000 for 350 spaces and
$14,400,000 for 576 spaces.
5. Veterans Lot / Atlantic Plaza
);> Atlantic Plaza, located just west of the ICW and adjacent to the Veterans
Parking Lot, is another potential site for the City to join in a partnership in the
construction of a parking garage if the site redevelops. Its close proximity to
the ICW Bridge would enable visitors to easily walk cross the bridge to enjoy
the barrier island, thus mitigating parking deficiencies on the western fringe of
the barrier island.
13
Beach Area:
Due to extremely high property values purchasing land in this area for the construction
of a parking garage would prove to be cost prohibitive. The most favorable option for the
provision of public parking would be for the City to partner with a developer(s) on a
redevelopment project. There are two (2) sites which currently fit the criteria for such a
joint venture project.
1. Residence Inn "",,,,,,,,,
~ The recently redeveloped Residence Inn, located Q[l:~:~tTa~fttic Avenue between
Seabreeze and Andrews Avenues, was proPQ~~i;;,as a phased project in
which phase II was to construct an additional,~~:roO~i~.pn the south east side
of the property and demolition of the f?1 ";;s'pace pa~~![Ig structure to be
replaced with a four (4) level 232 sp~~ep.~rking gafa~~~;;.The project, as
proposed, requires only 112 additional::parking spaces, rest!JJting in a surplus
of 120 spaces which could be mad~&~~~ilable tpthe public. "m,
"'''''dn'd,
2. Atlantic Place (Seagate on Atlantic) ';;;;;;;;;;', ,;:;;. ..
~ As mentioned earlier a development propQ[~Lfor the site is being reviewed.
The proposed mixed use~g:>j~ct contains ref~n~g.nd restaurant uses with 162
high end hotel rooms. The fe~iiliire,ctparking fort~~i;pr()ject is 225 spaces. The
development proposal indica{~s;;:iJlQ:;RrPY'ision of 3;~i~:parking spaces resulting
in an 85 space surplus that wilf;:ljkely"~~;~g.~ aV<<;iifable to the general public.
Fundina options:
,.";",.,,,
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Briefly summarized:;5~~~yv are a~~~umber of furi~!g~ options available to municipalities:
1. Gene~~I:.~~I:i;~.ati6~:~~:~ai~~:g:Fj';jij;::j :;:.:::::: ..
~';'om;< '","<';"''';0;'''''",''
.~.......... Issued13y:~i~~f~rende1~iJhe~e bonds require a majority vote of approval by
the citizens;~rn~se ban~[S:::i:ue repaid through the City's tax rolls and become
:".::;~.:tax burden~j~~he citizenry.
'''''',.",,,,...,,.",.,, <'N"'.'.",
2. Specialii1Assessmeiil Bonds:
~ Througlii;~!:l~:::6reation of a special assessment district, these bonds are paid
by taxing.a specific group of citizens or businesses for a specified period of
time. The special assessment district would be located in a specific
geographical area which would serve neighboring businesses.
3. Tax Increment Bonds:
~ These bonds would be issued through the Community Redevelopment
Agency (CRA) and repaid with Tax Incremental Revenue generated in the
eRA Area.
14
4. Other Tax Backed Obliaations:
);> Similar to General Obligation Bonds, these bonds may be repaid in a variety
of ways (i.e. sales tax bonds, utilities tax bonds, and/or optional gas tax bonds
to name a few).
5. Revenue Bonds:
);> Revenue bonds are repaid from a specific revenue stream pledged by the
municipality. Non ad-valorem taxes or, in some cas~~;;..parking revenue may
be used to repay these debts.
Revenue bond financing is an option staff would like to~~iiTn~;~~Ether. Pledging non ad-
valorem taxes as additional collateral should yield a fa~~table inti~~t rat, based on the
City's excellent credit rating, and instituting paid paEl~jngir,the Certtt~!.gore area should
yield enough revenue to repay the debt serviceJEiaddition to maintaiFii~~:..and operating
the parking facilities. .. ..
Provided below are some rudimentary estimates::~~11;p~teFitial revenue Wrlich could be
generated. The chart below shows reveFiij~~sing a variety of conservative
scenarios.
15
CENTRAL CORE
Seven Days I Week (8:00 AM to Midnight)
Assumes 345 da s er ear to account for holida s and various street closures
% of
Spaces
# s aces Utilized
102 90
% of Time Rate per
Utilized Hour
90 0.75
$
Total! Yr.
342,046.80
Street
*Atlantic Avenue
On-Street Two blocks
North & South
Parkin Lots
386
700
80
70
70
50
$ 894,902.40
1,014,300.00
$:'2,251,249.20
Seven Days I Week (5:00 PM toJ~jahT~f:ll~.
*Atlantic Avenue 102 90 90 0.75:::;;;:::$
On-Street Two blocks
North & South 386 80
Parkin Lots 700 70
$ 342,046.80
$ 575,294.40
$ 869,400.00
$ 1,786,741.20
$ 149,645.48
0.75 $
0.75 $
Total $
251,691.30
380,362.50
781,699.28
The pr~jected revena~~:I;1owriijfi~ye i.S based purely on parking space utilization. It is
likelyifl~t,residentlempll!y~e dis~il!:i!)f:programs and various validation programs would
be esta15lisned for customer:s visitin:g 15usinesses in the downtown area thereby reducing
the actualr~M~.oue. ....., ,
Currently met~f:::Feyenue iideposited into the general fund along with Beach Parking
Permits and park:i~g::.~i~~tions. In-lieu fees are collected 15y Planning & Zoning and
deposited into a spa~ial fund (In-Lieu Parking Account). Valet Queue license fees are
paid directly to the Finance Department and are also deposited in this account.
An organizational unit, possibly utilizing an enterprise fund, should be created to
oversee all these functions. The debt service to repay the 150nds issued to provide the
financing for the construction of parking structures and operational and maintenance
expenses would be paid from this fund with all excess revenue returned to the General
Fund annually. This was also the recommendation of the Parking Management Advisory
Board.
16
~ .
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW Isl AVENt '( . DI::LRA Y BEACH. FLORIDA 33444
lTLFPHONF: :'i61/.'4_'/()lJI). FACSIMILE: 56l/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR IDA
D.e.I:JI
;'ijTj: ~;TE:
MEMORANDUM
December 7, 2006
City Commission
David Harden, City Manager
1993
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Three Year AQreement with Pro DVD Makers
This agreement is modified to allow a $24,000 payment each year for
maintenance. The first payment is $12,000 due on approval with $6,000 to be
paid quarterly thereafter commencing on April 1, 2007. The upfront payment of
$12,000 is necessary for Mr. Arena to terminate advertising agreements previously
entered into and to pay for maintenance already provided since August of 2006.
Please place on the City Commission agenda for December 12, 2006 for City
Commi . approval.
Attachment
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Danielle Beardsley, Recreation Supervisor III/Marketing
James Arena
g.H
AMENDMENT NO. 1 TO THE AGREEMENT
WITH SOUND INVESTMENTS BY J.W., INC. d/b/a PRO DVD MAKERS
THIS AMENDMENT NO.1 to the Agreement with Sound Investments by J.W., Inc.,
d/b/a Pro DVD Makers regarding the virtual tour of the City's Parks online and on DVD, is
entered into this
day of
, 2006, by and between the CITY OF
DELRA Y BEACH, a Florida municipal corporation ("City") and SOUND INVESTMENTS
BY J.W., INC., d/b/a PRO DVD MAKERS ("Contractor").
WITNESSETH:
WHEREAS, the parties desire to amend the Agreement in this Amendment No.1, to
provide for the service and maintenance of the virtual tours online and extension of the contract
until July 31, 2010 and additional payment for same.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein,
and the good and valuable consideration as provided for herein, the parties agree as follows:
I. Recitations. That the recitations set forth above are hereby incorporated as if
fully set forth herein.
2. Paragraph 1, "Term" of the Agreement of August, 2006, shall be amended as
follows:
Term. This Agreement shall be effective for a period of four (4) years from
August I, 2006 until July 31, 20 I 0 unless terminated as herein provided.
3. Paragraph 2, "Services to be Performed" of the Agreement of August 2006, shall
be amended as follows:
Services to be Performed. Contractor's duties shall include, but not be limited
to the following:
, ,
a. One (1) photographer (all raw digital photos on disk)
b. Virtual Tours of all facilities mentioned (ultimate exposure package)
c. Custom video/personalized DVD package (custom designed DVD movie
of each listing)
d. Custom branding (logos, pictures, banners, flyers)
e. Marketing partner banner ad spot
(1) Free of charge the City can utilize five (5) banner ad locations that
rotate up in the top right hand comer of every tour and utilize the
rest for any City purpose including but not limited to notification
of special events by the City.
(2) Non City marketing or ads will not be allowed.
f. Information buttons (map button, city button, satellite view button, email
button, download button, schools button, slideshow button, video button)
g. Important text info section (located under each spin for important
information or descriptions)
h. Facility section (this will contain the address, phone number, email,
web site, contact person, and hours)
1. Custom flyer button (this pulls up a printable information flyer)
J. Link tour to City's website
k. One (1) copy of each tour on CD
1. Five (5) copies of each facility on custom designed DVD
m. Tour is good for four (4) years.
n. Provide all necessary materials and supplies.
o. Provide all necessary labor.
p. Provide all ancillary servIces necessary to accomplish the servIces
outlined herein.
q. Provide service, maintenance, and renewal of the virtual tours until the
contract expiration date.
2
.'
4. Paragraph 4, "Fees" of the Agreement of August, 2006, shall be amended as
follows:
Fees. The City shall pay the Contractor a total of Thirteen Thousand Four
Hundred Dollars ($13,400.00) for the services outlined in Section 2 above. Six Thousand
Seven Hundred Dollars ($6,700.00) will be paid to Contractor within thirty (30) days of
execution of this Agreement and the remaining Six Thousand Seven Hundred Dollars
($6,700.00) will be paid within thirty (30) days of completion of the filming of the virtual
tour. Thereafter, the City shall pay the Contractor Twenty-Four Thousand Dollars
($24,000.00) annually for maintenance services. The first payment shall be Twelve
Thousand Dollars ($12,000) payable upon approval of this agreement. Thereafter,
commencing on April 1, 2007, a Six Thousand Dollar ($6,000) payment shall be made
each quarter on the first day of the quarter until the expiration of the contract on July 31,
2010.
5. Termination. Either party may terminate the agreement upon thirty days written
notice to the other for any reason or no reason. If the City terminates it will pay contractor for all
services provided to the City up to the date of termination provided the services provided were
acceptable to the City.
6. Full Force and Effect. All other terms and conditions of the Agreement
expressly modified by this Amendment No. I thereto remain in full force and effect.
7. Entire Al!reement. This Amendment No. 1 contains the entire Agreement
between the parties as it pertains to Amendment No.1.
3
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
PRO DVD MAKERS
~'
By: Jp,)
. s Arena, President
~;~ _~~bu<ver
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this r day of
1)~~ ,2006, by "J(hYlc2s;, Ar.en 00-( P.rc.sidlr-i-t (name of officer or agent, title
of officer or agent) of Sound \h'l/e~I'\~ by j. IN. .Irx.. (name of corporation acknowledging), a
Hi''''' AA'- (state or place of incorporation) corporation, on behalf of the corporation.
@She ~ersonally known to me or has produced (type of
identification) as identification and did (did not) take an oath.
~dfL~u\QQ
otary PublIc - State of Flonda
o"t' Susan Kim inas
~ * Commission' 00389500
,~ ~ Expires February 7, 2009
. ~ '" ......T..,F.-Intln....1nL aoo.3Il5-70111
4
TO:
THRU: CTOR OF PLANNING & ZONING
FROM: , PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF DECEMBER 12, 2006 - CONSENT AGENDA
APPROVAL OF A LICENSE AGREEMENT BETWEEN THE CITY AND BLOCK 77
DEVELOPMENT GROUP, LC FOR THE TEMPORARY USE OF TWO PARCELS
(LOT 19, BLOCK 69 AND PORTIONS OF LOTS 10 AND 11, BLOCK 77) TO
ACCOMMODATE PARKING FOR THE GENERAL PUBLIC.
At its workshop meeting of November 14, 2006, the City Commission directed Staff to secure any
and all available properties to lease as parking lots during the Old School Square and Block 69
parking garage construction period.
Staff has negotiated the use of 24 parking spaces, on two properties, owned by the Block 77
Development Group, LC. The lots are located on SE 1st Avenue just south of Atlantic Avenue,
further identified as Lot 19, Block 69 (13 spaces) and portions of Lots 10 and 11, Block 77 (11
spaces) as illustrated in the attached Exhibit "A".
The Block 77 property is the existing parking lot of the former Computer store and is in usable
condition. The Block 69 property was also formerly used as a parking lot. The current condition of
the lot needs minor preparation to be returned to usable condition (refill and compact the area at
the base of the perimeter of the garage which was excavated to install the structural footers, clean
up of the site and possibly some asphalt repair to correct damage caused during the Block 69
garage construction.
The proposed license agreement will allow the City to use the properties to provide parking for the
general public until conveyance of the Block 69 Garage to the City is completed. The spaces will
be free of charge to the City with the caveat that the City indemnifies the property owner of any and
all liability and facilitates the required repairs to make the lot suitable for the parking of vehicles.
Attached for your review is the draft agreement outlining the terms and conditions to affect this
license agreement. Staff is recommending approval of the agreement to provide additional public
parking during the busy holiday season.
Considering the urgency in facilitating these temporary parking license agreements this item has
not been presented to any other Boards.
By motion, approve the attached license agreement between the City and Block 77 Development,
LC for the use of the property to provide temporary public parking.
Attached:
. License Agreement
. Exhibit A I Survey
<iT
LIMITED PARKING LICENSE AGREEMENT
Tms LIMITED PARKING LICENSE AGREEMENT ("Agreement") is made as of this
_ day of December 2006 (the "Effective Date"), by and between BLOCK 77 DEVELOPMENT
GROUP, L.C., a Florida limited liability company whose address is 900 E. Atlantic Avenue, Suite 13,
Delray Beach, Florida 33483 ("Block 77"), SOUTH 69, LLC, a Florida limited liability company, whose
address is 900 E. Atlantic Avenue, Suite 13, Delray Beach, Florida 33483 ("South 69") and CITY OF
DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 ("Licensee").
RECITALS:
WHEREAS, Block 77 is the owner of that certain real property legally described as Lot 10, and
the North 50.5 feet of Lot 11, Block 77, Delray Beach (the "Block 77 Property"); and
WHEREAS, South 69 is the owner of that certain real property legally described as Lot 19, Block
69, Delray Beach (the "South 69 Property"); and
WHEREAS, Licensee requires a license to use those portions of the Block 77 Property and the
South 69 Property as cross-hatched on the site plan attached hereto as Exhibit A and incorporated herein
(the "Licensed Premises") subject to the terms and conditions of this Agreement; and
WHEREAS, Block 77 and South 69 have agreed to grant the required licenses to Licensee,
subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements of the parties
hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
I. Grant of License. Block 77 and South 69 hereby grant to Licensee an exclusive license
to utilize the Licensed Premises for the limited purpose of parking of automobiles and for vehicular and
pedestrian ingress, egress and access. Licensee, at its cost and expense, shall obtain and maintain during
the term of this Agreement all permits and licenses necessary to use each area of the Licensed Premises.
2. Term of Licenses. This Agreement shall commence on the Effective Date and shall
continue until the date of conveyance by Block 77 to Licensee (as evidenced by the recording of a
warranty deed in the public records of Palm Beach County, Florida) of the parking facility located on Lots
20,21 and 22, of Block 69, Delray Beach (the "Parking Facility Deed"). The licenses granted under this
Agreement and this Agreement shall terminate automatically and simultaneously with the recording of the
Parking Facility Deed.
3. Licenses Onlv. This Agreement creates licenses only and Licensee acknowledges that
Licensee does not have and shall not claim, at any time, an interest or estate of any kind or extent
whatsoever in the Block 77 Property or the South 69 Property by virtue of this Agreement or Licensee's
use of the Licensed Premises pursuant hereto.
4. Condition of Licensed Premises. Licensee accepts the Licensed Premises as is, where is
and with all faults. Licensee shall repair and/or improve the Licensed Premises as necessary to bring the
Licensed Premises into compliance with applicable laws or regulations for Licensee's use or as Licensee
otherwise deems desirable or necessary.
I
5. Return of the Premises. Upon the termination of this Agreement, Licensee, at its cost and
expense, shall remove all its signs and equipment from the Licensed Premises and shall restore all
portions of the Licensed Premises to the condition which existed immediately preceding Licensee's use
thereof, to the extent reasonably practicable, ordinary wear and tear excepted. Any improvements to the
Licensed Premises by Licensee shall automatically become the property of Block 77 or South 69, as
applicable, upon the installation of such improvement on the Licensed Premises.
6. Reservation of Rights. For the duration of this Agreement, the right to use the Licensed
Premises and the right of ingress and egress over the same, is expressly reserved by Block 77 and South
69 and their successors, grantees, invitees and assigns, provided said use does not umeasonably interfere
with the Licensee's use under this Agreement.
7. No Transfer by Licensee. Licensee shall not transfer, assign or convey its rights under
this Agreement.
8. Maintenance. During the term of this Agreement, Licensee, at its cost and expense, shall
be responsible for the cleaning and maintenance of the Licensed Premises. Licensee shall comply with all
federal, state and local statutes, codes, laws, orders, decrees, ordinances, rules and regulations
(collectively "Laws").
9. Indemnity. In consideration of the grant of license under this Agreement, Licensee
hereby assumes full liability for all acts of, or injury to, all persons and/or property who enter onto the
Licensed Premises and, to the fullest extent permitted by law, Licensee agrees to indemnify, defend and
hold harmless Block 77 and South 69 and covenants that Block 77 and South 69 shall not be liable for
any damage or liability of any kind or for any injury or damage to property or person (including death)
from any cause whatsoever related to Licensee's use of the Licensed Premises. Licensee shall pay for,
defend (with an attorney approved and selected by Block 77 and South 69), indemnify, and save Block 77
and South 69 harmless against and from any real or alleged damage or injury and from all claims,
judgments, liabilities, costs and expenses, including all attorney's fees and costs, arising out of or
connected with Licensee's use of the Licensed Premises, any breach of this Agreement by Licensee, any
violation by Licensee of any Laws, and any loss, cost or expense resulting from any of the foregoing;
provided, that such exculpation shall not extend to such damage or injury (or proportionate share thereof)
to the extent that the same is ultimately determined to be attributable to the gross negligence or willful
misconduct of Block 77 or South 69. This obligation to indemnify shall include all of Block 77 and
South 69's attorneys' fees, litigation costs, investigation costs and court costs and all other costs,
expenses and liabilities incurred by Block 77 and South 69 or its counsel from the fIrst notice that any
claim or demand is to be made or may be made. Licensee's indemnity obligations will not be diminished
by the existence of any insurance.
10. Insurance. Licensee shall be responsible for insuring (including by self-insurance, at
Licensee's election) against all liabilities which may accrue as to person or property (acknowledged to be
self-insurance at Licensee's election) as to the Licensed Premises.
II. No Liens. Licensee shall not permit any lien to be fIled against the Licensed Premises or
any improvements thereon and, at Licensee's sole cost and expense, shall take all action necessary to
remove such lien(s) from title.
12. No Warranty: Integration. This Agreement embodies the entire understanding of the
parties hereto, and there are no further or other agreements or understanding, written or oral, in effect
between the parties relating to the subject matter hereof. Licensee acknowledges that Block 77 and/or
South 69 have made no warranties, representations, promises, covenants or guaranties of any kind or
2
nature, express or implied (collectively "Representations") concerning the condition or suitability of the
Licensed Premises for Licensee's use and any such Representations are hereby disclaimed..
13. Neither Partners nor Joint Venturers. None of the terms, provisions or conditions of this
Agreement shall be construed as creating or constituting Block 77 and/or South 69 as a co-partner or joint
venturer with Licensee, or each other, nor constituting Licensee the agent of Block 77 or South 69, nor
shall any of the provisions of this Agreement be construed in a manner so as to make Block 77 or South
69 liable for the debts or obligations of Licensee.
14. Notices. All notices and other communications given pursuant to this Agreement shall be
in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed
on the day of service ifby personal delivery or on the third day after deposit in the U.S. mail as registered
or certified mail, return receipt requested, postage prepaid, at the addresses first listed above.
15. Time is of the Essence. Time is of the essence of this Agreement and of each of its
prOVISIons.
16. Severability. In case anyone or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not effect any other provision hereof, and this license shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
17. Gender. Whenever used herein, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
18. Construction of this Agreement. This Agreement is deemed to have been drafted jointly
by the parties, and any uncertainty or ambiguity shall not be construed for or against either party as an
attribution of drafting to either party.
19. Litigation. In the event there is any litigation between the parties to enforce the terms of
this Agreement, the prevailing party in such litigation shall be entitled to recover all its costs, expenses
and attorney's fees from the non-prevailing party. Venue shall be Palm Beach County, Florida.
20.
parties.
Recording. This Agreement shall not be recorded without the written consent of all
21. Modification of Agreement. No modification of this Agreement shall be deemed
effective unless in writing and signed by all parties.
22. Waiver of Jury Trial. AS A MATERIAL INDUCEMENT TO THE EXECUTION OF
THIS AGREEMENT, THE PARTIES EACH AGREE THAT IN THE EVENT ANY LITIGATION
ARISING OUT OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR THE
RELATIONSHIP BETWEEN AND AMONG PARTIES, THEN NO PARTY SHALL SEEK A JURY
TRIAL IN SUCH PROCEEDING, IT BEING EXPRESSLY AGREED AND STIPULATED BY THE
PARTIES HERETO THAT ANY DISPUTES ARE BETTER RESOLVED BY A JUDGE.
23. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall together constitute one and the same instrument.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year ftrst above written.
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, LC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
SOUTH 69, LLC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
4
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Page lof1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061:27 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Aronson, Scott
Subject: Agt for temporary parking with Block 77
Attachments: temp park agt block 77 12-06.doc
I have made changes to paragraphs 1 (to set forth the time that one parking lot will be available) and 9 to provide
a cap on the indemnification of 1,000,000.00 dollars. This is agenda item 81.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1 st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.delray::.beach.fI.us
) '. _1' lj{Uttd'~ -kt (~~:I
tfeU{~
12/12/2006
LIMITED PARKING LICENSE AGREEMENT
Tms LIMITED PARKING LICENSE AGREEMENT ("Agreement") is made as of this
_ day of December 2006 (the "Effective Date"), by and between BLOCK 77 DEVELOPMENT
GROUP, L.C., a Florida limited liability company whose address is 900 E. Atlantic Avenue, Suite 13,
Delray Beach, Florida 33483 ("Block 77"), SOUTH 69, LLC, a Florida limited liability company, whose
address is 900 E. Atlantic Avenue, Suite 13, Delray Beach, Florida 33483 ("South 69") and CITY OF
DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 ("Licensee").
RECITALS:
WHEREAS, Block 77 is the owner of that certain real property legally described as Lot 10, and
the North 50.5 feet of Lot II, Block 77, Delray Beach (the "Block 77 Property"); and
WHEREAS, South 69 is the owner of that certain real property legally described as Lot 19, Block
69, Delray Beach (the "South 69 Property"); and
WHEREAS, Licensee requires a license to use those portions of the Block 77 Property and the
South 69 Property as cross-hatched on the site plan attached hereto as Exhibit A and incorporated herein
(the "Licensed Premises") subject to the terms and conditions of this Agreement; and
WHEREAS, Block 77 and South 69 have agreed to grant the required licenses to Licensee,
subject to the terms and conditions ofthis Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements of the parties
hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
I. Grant of License. Block 77 and South 69 hereby grant to Licensee an exclusive license
to utilize the Licensed Premises for the limited purpose of parking of automobiles and for vehicular and
pedestrian ingress, egress and access. The license to use of the Block 77 premises shall exclude the time
period from 7:00 a.m. to 5:00 p.m. Monday thru Friday. Licensee, at its cost and expense, shall obtain
and maintain during the term of this Agreement all permits and licenses necessary to use each area of the
Licensed Premises.
2. Term of Licenses. This Agreement shall commence on the Effective Date and shall
continue until the date of conveyance by Block 77 to Licensee (as evidenced by the recording of a
warranty deed in the public records of Palm Beach County, Florida) of the parking facility located on Lots
20,21 and 22, of Block 69, Delray Beach (the "Parking Facility Deed"). The licenses granted under this
Agreement and this Agreement shall terminate automatically and simultaneously with the recording of the
Parking Facility Deed.
3. Licenses Onlv. This Agreement creates licenses only and Licensee acknowledges that
Licensee does not have and shall not claim, at any time, an interest or estate of any kind or extent
whatsoever in the Block 77 Property or the South 69 Property by virtue of this Agreement or Licensee's
use of the Licensed Premises pursuant hereto.
4. Condition of Licensed Premises. Licensee accepts the Licensed Premises as is, where is
and with all faults. Licensee shall repair and/or improve the Licensed Premises as necessary to bring the
Licensed Premises into compliance with applicable laws or regulations for Licensee's use or as Licensee
otherwise deems desirable or necessary.
1
~eAJt~d- Ut~Matdh ~ item gr
5. Return of the Premises. Upon the termination of this Agreement, Licensee, at its cost and
expense, shall remove all its signs and equipment from the Licensed Premises and shall restore all
portions of the Licensed Premises to the condition which existed immediately preceding Licensee's use
thereof, to the extent reasonably practicable, ordinary wear and tear excepted. Any improvements to the
Licensed Premises by Licensee shall automatically become the property of Block 77 or South 69, as
applicable, upon the installation of such improvement on the Licensed Premises.
6. Reservation of Ricllts. For the duration of this Agreement, the right to use the Licensed
Premises and the right of ingress and egress over the same, is expressly reserved by Block 77 and South
69 and their successors, grantees, invitees and assigns, provided said use does not unreasonably interfere
with the Licensee's use under this Agreement.
7. No Transfer bv Licensee. Licensee shall not transfer, assign or convey its rights under
this Agreement.
8. Maintenance. During the term of this Agreement, Licensee, at its cost and expense, shall
be responsible for the cleaning and maintenance of the Licensed Premises. Licensee shall comply with all
federal, state and local statutes, codes, laws, orders, decrees, ordinances, rules and regulations
(collectively "Laws").
9. Indemnity. In consideration of the grant of license under this Agreement, Licensee
hereby assumes full liability for all acts of, or injury to, all persons and/or property who enter onto the
Licensed Premises and, to the fullest extent permitted by law, Licensee agrees to indemnify, defend and
hold harmless Block 77 and South 69 and covenants that Block 77 and South 69 shall not be liable for
any damage or liability of any kind or for any injury or damage to property or person (including death)
from any cause whatsoever related to Licensee's use of the Licensed Premises. Licensee shall pay for,
defend (with an attorney approved and selected by Block 77 and South 69), indemnify, and save Block 77
and South 69 harmless against and from any real or alleged damage or injury and from all claims,
judgments, liabilities, costs and expenses, including all attorney's fees and costs, arising out of or
connected with Licensee's use of the Licensed Premises, any breach of this Agreement by Licensee, any
violation by Licensee of any Laws, and any loss, cost or expense resulting from any of the foregoing;
provided, that such exculpation shall not extend to such damage or injury (or proportionate share thereof)
to the extent that the same is ultimately determined to be attributable to the gross negligence or willful
misconduct of Block 77 or South 69. This obligation to indemnify shall include all of Block 77 and
South 69's attorneys' fees, litigation costs, investigation costs and court costs and all other costs,
expenses and liabilities incurred by Block 77 and South 69 or its counsel from the fIrst notice that any
claim or demand is to be made or may be made. Licensee's indemnity obligations will not be diminished
by the existence of any insurance. Licensee's indemnity. defense and hold harmless obligations shall be
limited to one million dollars per occurrence.
10. Insurance. Licensee shall be responsible for insuring (including by self-insurance, at
Licensee's election) against all liabilities which may accrue as to person or property (acknowledged to be
self-insurance at Licensee's election) as to the Licensed Premises.
II. No Liens. Licensee shall not permit any lien to be ftled against the Licensed Premises or
any improvements thereon and, at Licensee's sole cost and expense, shall take all action necessary to
remove such lien(s) from title.
12. No Warranty: Integration. This Agreement embodies the entire understanding of the
parties hereto, and there are no further or other agreements or understanding, written or oral, in effect
between the parties relating to the subject matter hereof. Licensee acknowledges that Block 77 and/or
2
South 69 have made no warranties, representations, promises, covenants or guaranties of any kind or
nature, express or implied (collectively "Representations") concerning the condition or suitability of the
Licensed Premises for Licensee's use and any such Representations are hereby disclaimed..
13. Neither Partners nor Joint Venturers. None of the terms, provisions or conditions of this
Agreement shall be construed as creating or constituting Block 77 and/or South 69 as a co-partner or joint
venturer with Licensee, or each other, nor constituting Licensee the agent of Block 77 or South 69, nor
shall any of the provisions of this Agreement be construed in a manner so as to make Block 77 or South
69 liable for the debts or obligations of Licensee.
14. Notices. All notices and other communications given pursuant to this Agreement shall be
in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed
on the day of service ifby personal delivery or on the third day after deposit in the U.S. mail as registered
or certified mail, return receipt requested, postage prepaid, at the addresses first listed above.
15. Time is of the Essence. Time is of the essence of this Agreement and of each of its
proVISIons.
16. Severability. In case anyone or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not effect any other provision hereof, and this license shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
17. Gender. Whenever used herein, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
18. Construction of this Agreement. This Agreement is deemed to have been drafted jointly
by the parties, and any uncertainty or ambiguity shall not be construed for or against either party as an
attribution of drafting to either party.
19. Litigation. In the event there is any litigation between the parties to enforce the terms of
this Agreement, the prevailing party in such litigation shall be entitled to recover all its costs, expenses
and attorney's fees from the non-prevailing party. Venue shall be Palm Beach County, Florida.
20.
parties.
Recording. This Agreement shall not be recorded without the written consent of all
21. Modification of Agreement. No modification of this Agreement shall be deemed
effective unless in writing and signed by all parties.
22. Waiver of Jury Trial. AS A MATERIAL INDUCEMENT TO THE EXECUTION OF
THIS AGREEMENT, THE PARTIES EACH AGREE THAT IN THE EVENT ANY LITIGATION
ARISING OUT OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR THE
RELATIONSHIP BETWEEN AND AMONG PARTIES, THEN NO PARTY SHALL SEEK A JURY
TRIAL IN SUCH PROCEEDING, IT BEING EXPRESSLY AGREED AND STIPULATED BY THE
PARTIES HERETO THAT ANY DISPUTES ARE BEITER RESOLVED BY A JUDGE.
23. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall together constitute one and the same instrument.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first above written.
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, LC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
SOUTH 69, LLC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
4
EXHIBIT "A"
SITE PLAN
5
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
< J&t/\
FROM: -,\ CIlY MANAGER V~ -\.-
SUBJECT: AGENDA ITEM # ~ . J - REGULAR MEETING OF DECEMBER 12, 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
DECEMBER 8, 2006
Attached is the Report of Appealable Land Use Items for the period December 4, 2006 through
December 8, 2006. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\AGENDA COVER MEMOS\AppeaIable Agenda Memos\2006 Appealable Agenda Memos\apagmemo 121206.doc
FROM:
DAVID T. ~EN, ~NAGER
PAUL DO'L~IREC~ 'OF PLANNING AND ZONING
JASMIN ALLEN, PLANNE: 1C2t;MI--~ ~
MEETING OF DECEMBER" 2006 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 4, 2006 THRU
DECEMBER 8, 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 December 4, 2006 through December 8, 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.
1. Approved (6 to 0, Kim French absent), a Certificate of Appropriateness for 212 Seabreeze
Avenue (Sewell C. Biggs House) in conjunction with a Tax Exemption Application, Part 1 for
improvements including a 1,936 sq. ft. two-story addition to the property.
No Regular Meetings of the Planning and Zoning Board were held during this period.
No Regular Meetings of the Site Plan Review and Appearance Board were held during this period.
By motion, receive and file this report.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
DECEMBER 12, 2006
LAKE
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1. 212 SEABREEZE A VENUE
-..-..-..- CITYUMITS -..-,,-..-
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
DECEMBER 2006
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MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
A ENDA ITEM . t< - REGULAR MEETIN
AWARD OF BIDS AND CONTRACTS
SUBJECT:
DATE:
DECEMBER 8, 2006
This is before the City Commission to approve the award of the following bids:
1. Bid award to Bermuda Services, Inc. in the amount of $52,268.33 for irrigation and
landscape improvements to the Chatelaine Subdivision, in connection with the Strategic
Task Team Initiative. Funding is available from 334-6130-541-63.89 (General
Construction Fund/Neighborhood Enhancement Expenditure).
2. Bid award to Gator Landscaping in an estimated annual cost of $44,182.00 for the
landscape maintenance of the Stormwater Retention Areas and Improved Water Retention
Areas. Funding is available from 448-5416-538-34.90 (Stormwater Utility Fund/Other
Contractual Services).
3. Bid award to West Construction, Inc. in the amount of $144,007.05 for construction of the
Rosemont Park Improvements, in the Rosemont neighborhood located between S.W. 5th
Avenue and S.W. 4th Avenue. Funding is available from 334-4131-572-65.89 (General
Construction Fund/Neighborhood - S.W. 6th Street - Rosemont) and 441-5161-536-65.89
(Water/Sewer Fund/ Neighborhood - S.W. 6th Street - Rosemont).
4. Bid award to various vendors for pipe fittings and accessories for the City Utilities
Warehouse and Construction Division at an estimated annual cost of $231,076.79.
Funding is available from various departmental operating budgets and construction
projects.
5. Bid award to Signature Systems, LLC in the amount of $18,936.45 for 8,000 square feet of
Event Deck to be used to cover one clay court for use for Tennis and other events.
Funding is available from 001-4210-575-63.90 (General Fund/Other Improvements).
6. Purchase award to Americas Generators, Inc. in the amount of $295,057.96 for the
purchase of large fixed and portable generators to power various Sanitary Lift Stations,
Storm Water Pump Stations, and the North Water Re-pump Facility during power outages.
Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal and Replacement
Fund/Other Machinery/Equipment), 441-5161-536-64.90 (Water/Sewer Fund/Other
Machinery/Equipment) and 448-5461-538-68.18 (Storm Water Utility Fund/Storm Water
Pump Station Rehabilitation).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2006 Bid Memos\BID Memo 121206.doc
Memorandum
Community Improvement
Nancy Davila, Horticulturist
DELRAY BEACH 0/'
~;Ji
;fiir
1993
2001
TO:
DAVID T. HARDEN
lb
THROUGH:
RE:
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA ~ D
CHATELAINE - LANDSCAPE BID AWARD No. 2006-56
FROM:
DATE:
DECEMBER 4, 2006
ITEM BEFORE THE COMMISSION:
The item before the Commission is the recommendation for Award of Bid No. 2006-56 for
irrigation and landscape improvements to Chatelaine Subdivision, in connection with the
Strategic Task Team initiative.
BACKGROUND:
Landscape plans were designed for four areas within the Chatelaine subdivision. The areas are
the proposed splitter island on Avenue De Gein, the existing median on Blvd Chatelaine East, the
Chicanes on Blvd Chatelaine, and the Traffic Circle at the intersection of Avenue Serrant and
Chatelaine Boulevard. These improvements are coordinated with the engineering work awarded
in September.
The bid was advertised on October 1, 2006. Although there were ten contractors in attendance
at the mandatory pre-bid meeting on October 10, 2006, only 2 bids were received on October 24,
2006. The low bid was from Bermuda Services, Inc. in the amount of $52,268.33. The second
bid was from Superior Landscaping & Lawn Service in the amount of $74,252.22. Both bids
include a one year maintenance period to coincide with the one year warranty.
Bermuda was the successful bidder for the Rainberry Woods project, as well as several other
projects in the City and did an excellent job. Their crews were well supervised and their plant
materials were of superior quality, meeting all specifications.
RECOMMENDATION:
Staff recommends the City Commission give favorable consideration to the bid received from
Bermuda Services, Inc., and award the bid in the amount of $52,268.33. Funding is available
from the Neighborhood Enhancement Expenditure Account # 334-6130-541-63.89.
U:\Wwdata\Chatelaine\CC Backup Bid Award.doc
<l.t{. I
TABULATION OF BIDS
BID #2006-56
CHATELAINE SUBDIVISION STRATEGIC
TASK TEAM INITIATIVE
IRRIGATION DESIGN/BUILD &
LANDSCAPEENGANCEMENTS
OCTOBER 24, 2006
-
VENDOR:
BERMUDA SERVICE
INC. D/B/A
SOUTHEASTERN
IRRIGA TION
SUPERIOR
LANDSCAPING &
LA WN SERVICE INe.
TOTAL AMOUNT FOR THE
DESIGN/BUILD
& LANDSCAPE
ENHANCMENTS
$52,263.33
$74,252.22
Date: December 7, 2006
Agenda Item No. ~ K. 1_
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: December 12, 2006
Description of Agenda Item:
Landscape Bid Award for Chatelaine
OrdinancelResolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
~;,,~~~
L- ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:@}No:l..J:;::'
Funding Alternatives: . (if applicable)
Account # & Description: Neighborhood Enhancement -334-6130-541-63.89
City Manager Review:
Approved for agenda: ~ No ~
Hold Until: ~ I
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
C?I
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TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Manager::
THROUGH: Joseph Safford, Finance Director
DATE: December 05, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 12, 2006 - BID AWARD - BID #2006-41
LANDSCAPE MAINTENANCE - STORMW A TER RETENTION AREAS
AND IMPROVED WATER RETENTION AREAS
Item Before Commission:
City Commission is requested to approve bid award to Gator Landscaping Inc. for landscape
maintenance of Stormwater Retention Areas and the Improved Water Retention Areas for the
estimated annual grand total of $44,182.00 per year for both areas.
Background:
Bids were received on October 05, 2006 from five (5) contractors all in accordance with City
purchasing policies and procedures. (Bid #2006-41. Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
Gator Landscaping Inc. is our current contractor for the City for retention areas, and has the
necessary equipment and experience to perform this work at $44,182.
Recommendation:
Staff recommends award to low bidder, Gator Landscaping Inc. for the landscape maintenance of
the Stormwater Retention Areas and "Improved Water Retention Areas" for an estimated annual
grand total of $44,182.00. Funding from account code 448-5416-538-34.90, "Stormwater Utility
Fund, Other Contractual Services".
Attachments:
Tabulation of Bids
Memo from Nancy Davila, City Horticulturist
Memo from Harold Bellinger, Superintendent Streets and Traffic
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AGENDA ITEM NUMBER:
'0. K.2J
AGENDA REQUEST
Request to be placed on: Tuesday, December 12,2006
Date: December 05, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Recommendation for approval for award to Gator Landscaping for the Landscape Maintenance of
the Stormwater Retention Areas and the "Improved Water Retention Areas' for the estimated
annual cost of $44,182.00 for both areas per Bid #2006-41.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Gator Landscaping for the Stormwater Retention Areas and the "Improved
Water Retention Areas" for the estimated annual cost of $44,182 for both areas per Bid #2006.41.
Funding from account code 448-5416-538-34.90 "Stormwater Utility Fund, Other Contractual
Services".
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):
._ j t.'?,o~o IZ/r..
Funding available:~ No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda8?- ~ No
Hold Until: ~
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
~. '(,"t- 0
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City Of Delray Beach
Department of Environmental Services
MEMORAN
D
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www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E,
DATE: 05 Dec 2006
SUBJECT: Rosemont Park
Project # 2004-010
Commission Agenda Item
This agenda item is for Commission approval/authorization for the Mayor to execute a contract with
West Construction Inc. for construction of the Rosemont Park improvements. Rosemont Park (SW 6th
Street) is located in the Rosemont neighborhood located between SW 5th Ave. and SW 4th Ave.
Three bids were received for this project. West Construction Inc. was low with a total bid amount of
$144,007.05. The bid tabulation is attached. The engineer's estimate for this project was
$148,500,00.
Funding is available as follows:
Project Name
Neighborhood Parks - Rosemont Park
NeiQhborhood Parks - Rosemont Park
Total
Account #
334-4131-572-65.89
441-5161-536-65.89
Balance
$120,000.00
$ 28,500.00
$148,500.00
Funding Required
$115,507.05
$ 28,500.00
$144,007.05
A location map is attached.
Please place this on the 12 December 2006 Commission Agenda.
Thanks!
Attachments
cc: Richard Hasko, P.E., Director of Environmental Services
Agenda File, December 12, 2006
Project File, 2004-010 (E)
U:\wwdata\2006-12-12 agenda memorv.doc
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH BWNTON AvafJE, oa.J'IAY lEACH, f\...ON)A a3444
ROSEMONT PARK
LOCATION MAP
2004-010
-
Date: 05 Dec 2006
AGENDA ITEM NUMBER:~3
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When:
12 December 2006
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission approval/authorization for the Mayor to execute a contract
with West Construction Inc. for construction of the Rosemont Park improvements. West
Construction Inc. was low with a total bid amount of $144,007.05. Funding is indicated below.
Project Name Account # Balance Funding Required
Neighborhood Parks -- Rosemont Park 334-4131-572-65.89 $120,000.00 $115,507.05
Neiqhborhood Parks - Rosemont Park 441-5161-536-65.89 $ 28,500.00 $ 28,500.00
Total $148,500.00 $144,007.05
Staff Recommendation: ~Y~-ra
Department Head Signatnre:~ ~ ,).->' -" b
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding AvailableQ/ No Initials: ~'
Account Number
See above
Description
See above
Account Balance:
See above
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:1!jY I No Initials: z;;vJ
Hold Until:
Agenda Coordinator Review:
Received:
S :\EngAdmin\Projects\2004\2004-0 1 O\OFFICIAL\2006-12-12 agenda. doc
MEMORANDUM
FROM:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford, Finance Director
TO:
THROUGH:
DATE:
December 12, 2006
SUBJECT:
DOCUMENT AnON - CITY COMMISSION MEETING
DECEMBER 12,2006 - BID AWARD - BID #2006-54
PIPE FITTINGS & ACCESSSORIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to low responsive bidder(s) listed
below for the purchase of pipe fittings and accessories stocked in the Purchasing Warehouse and
ordered by the Construction Division at an estimated annual cost of $231 ,076.79.
Background:
The Water/Sewer Network and Construction Division have a need for an annual contract for pipe
fittings and accessories with funding from their operating budgets.
Bids for this contract were received on October 10, 2006 from six (6) vendors all in accordance
with City's purchasing procedures. (Bid #2006-54 on file in the Purchasing Office.) This bid
contains sixteen (16) groups for commodities which are inventoried in the Utilities Warehouse,
and group number seventeen (17) is for the Capital Construction Division, which is ordered on
an as needed basis by Construction Division. A tabulation of bids is attached for your review.
Award recommendations were made to low bidders for each group as listed below and
highlighted on the attached tabulation of bids and group/item breakdown. Recommended
vendors are as follows:
Vendors:
Boynton Pump & Irrigation
Cole Industrial
Ferguson Enterprises Inc.
Lehman Pipe & Plumbing
National Waterworks
Sunstate Meter & Supply Inc.
Estimated Annual Amount
$ 996.00
$ 10,006.87
$ 184,977.11
$ 837.89
$ 21,148.04
$ 13,110.88
Total Estimated Annual Cost
$ 231,076.79
Recommendation:
g.K.4
Staff recommends award to multiple vendors as stated above at an estimated annual cost of
$231,076.79. Funding from various departments operating budgets and construction projects.
Attachments:
Tabulation of Bids
Award Memo From Deputy Director of Construction
Award Memo From Manager Water/Sewer Division
MEMORANDUM
TO:
Rafael Ballestero, Deputy Director of Construction
Scott Solomon, Manager Water/Sewer
Jacklyn Rooney, Purchasing Manager ~
Joseph saffo~ance Director
FROM:
THROUGH:
DATE: October 18, 2006
SUBJECT: Review Tab Sheet
Bid #2006-54
Pipe Fittings and Accessories - Annual Contract
Attached is the tabulation of bids for Bid #2006-54 "Pipe Fittings and Accessories - Annual
Contract" - and copies of the bids received.
Please review and forward to Purchasing your award recommendations for each group and I will
prepare the Commission agenda.
If you have any questions, you may reach me at ext. 7163.
cc: Richard Hasko, Deputy Director of Environmental Services
· Approve aw~g.to l~endor per
Signature: :4-l.t) ~rint:
Attachments: -
Tabulation of Bids
Copies of Proposals Received
tabulation sheets
Scott W. Solomon
Manager of Water Sewer Network
Date: November 21, 2006
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AGENDA ITEM NUMBER:
~.K,4
AGENDA REQUEST
Request to be placed on: Tuesday, December 14, 2006
Date: December 05, 2006
XX Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Bid Award - Bid #2006-54 - Pipe Fittings and Accessories - Annual Contract. Award to various
vendors at an estimated usage of $231 ,076.79.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to various vendors listed at an estimated annual cost of $231,076.79 for various
items for the City Utilities Warehouse and the Construction Division for various pipe fittings and
accessories.
Funding from various departments operating budgets and construction projects.
r--. ~
Department Head Signature:-..,) ~ \.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:~' No
Funding alternatives: (if applicable)
-C~i vic:::>"~ \1\J~')S= ~~
Account Number: ..c ~ t..1-- '?"::;-- ~AI\ "7~ \ ~ ~ ft v N";'.N(.
Account Description:
Account Balance:
City Manager Review:
Approved for agendag -4 No
Hold Until: .
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
oA
1
MEMORANDUM
TO: David Harden, City Manager
FROM: fit Robert Barcinski, Asst. City Manager
DATE: December 04, 2006
SUBJECT: Agenda Item City Commission Meeting
December 12, 2006
Bid Award - Portable Flooring
Action:
City Commission is requested to award a bid to Signature Systems, LLC in the amount of
$18,936.45 for 8,000 square feet of Event Deck to be used to cover one clay court for use for
Tennis and other events. Funding is available in account 001-4210-575-63.90.
Background:
At the Commission workshop held on November 14, 2006, it was the consensus of Commission
to proceed with the purchase of an additional 8,000 sq. ft. of portable flooring to supplement our
existing flooring as requested by Mr. Barron in order to cover two courts for the A TP
Tournament. The flooring can be also used for other events. Two proposals were received. One
from Signature Systems, LLC in the amount of$18,936.45 and one from Coverdeck Systems Inc.
in the amount of$21,067.50. Both types are similar and meet our needs.
Recommendation:
Staff recommends a bid award to Signature Systems, LLC in the amount of $18,936.45 for 8,000
square feet of EventDeck . Funding is available in account code 001-4210-575-63.90.
Attachments
g.K.5
Eve nt[;llU
PUWABLL f-LUO~I\C:
Signature Systems, LLC,
50 East 42nd Street
Suite 501
New York, NY 10017
Quotation
Bill To
Ship To
JCD Sports Group/City of Del Ray Beach
Sharon Painter
1300 Park of Commerce
Suite 272
Del Ray Beach, FL 33445
JCD Sports Group/City of Del Ray Beach
Sharon Painter
1300 Park of Commerce
Suite 272
Del Ray Beach, FL 33445
TOLL FREE: 800-569-2751
PHONE: 212-953-1116
FAX: 212-953-1117
8,000 EDl
EventDeck I - portable flooring w/drainage
holes - I sq/ft
2.10
16,800.00
1 FREIGHT
Shipping charge
2,136.45
2,136.45
www.eventdeck.com
www.signaturefencing.com
We also offer a complete Ime of:
T olal
$18,936.45
- Stadium & Arena Flooring
- Tent & Event Flooring
- Dance Flooring
- Portable Roadways
- Utility Flooring
- Gym Floor Covers
- Flooring Rentals
Quotation Valid for 30 Days
Name:
Signature:
I hereby accept this quotationa and agree to
the terms and conditions listed
PO Number:
Coverdeck Systems Inc.
1704 Shallcross Ave.
Wilmington, De 19806
Phone: 800-550-3325 Fax:302-427-7582
Invoice No. , TF-2000-103
ORDER/
INVOICE !!!!!!!
Customer
Name Delray Beach Tennis Center Attn Sharon Painter
Address 201 W Atlantic Ave
City Dekay Beach ST FL ZIP 33444
Phone
Date
Order No.
Rep
FOB
12/1/2006
PLB
Qty Description Unit Price TOTAL
8000 CDS TempFloor Color: Gray $2.50 $20,000.00
Size: 6" x 24" x 3/4"
I
NOTE: ALL AND ANY SALES AND USE TAX, IF
APPLICABLE, IS PAYABLE BY THE BUYER
AND IS NOT INCLUDED IN THIS INVOICE
SubTotal $20,000.00
Payment Details "\ Shipping & Handling $1,067.50
0 Cash Taxes State
Check
Credit Card
$21,067.50
o
o
Name
CC#
#VALUEI
TOTAL
Expires
Product must be received to customer by 1-10-06
AGENDA ITEM NUMBER:
g.I{,5
AGENDA REQUEST
Request to be placed on: Tuesday, December 12,2006
Date: December 04, 2006
-1SL Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to Signature Systems, LLC for the purchase of 8000 square feet of Event Deck to
be used to cover one clay court for use for Tennis and other events for the total amount of
$18,936.45.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO t./
NO
Recommendation:
Award to Signature Systems, LLC for the purchase of 8000 square feet of Event Deck to be used
to cover one clay court for use for Tennis and other events for the total amount of $18,936.45.
Funding is available from account code 001-4210-575-63.90.
Department Head Signature: -;:?~/14~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~ on all items involving expenditure of funds):
Funding available: . ~ LJ.;t No
Funding alternatives:
(if applicable)
Account Balance:
00 I-Ll210 -5 Is-. L 3,9 {I
oJ1-v. lfl1.pn)Y~.s
EJ l e-j 940 ~/-tA 1ztLrc-&A~
Account Number:
Account Description:
City Manager Review:
Approved for agenda: @-4 No
Hold Until: .
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
City Of Delray Beach
Department of Environmental Services
M
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www.mydelraybeach.com
TO:
David Harden, City Manager ~
Victor Majtenyi, Deputy Director of Public Utilities
FROM:
SUBJECT:
PURCHASE OF LARGE FIXED AND PORTABLE GENERATORS
Purchase A ward to Americas Generators
DATE:
DECEMBER 5, 2006
Attached is an Agenda Request for City Commission to approve an award to Americas Generators, Inc. for
the purchase of large fixed and portable generators in the total amount of $295,057.96. This purchase will
compliment our existing fleet of fixed and portable generators that allow our Utility Maintenance Division
to power various Sanitary Lift Stations, Storm Water Pump Stations, and the North Water Re-pump
Facility during power outages.
On October 24, 2006, the City sent out a request for quotes for this purchase, notifying 27 potential
vendors. We received only one quote for this purchase award on November 24, 2006, by Americas
Generators, Inc. They submitted a quote for providing various size generators; (l)400kW and (3)100kW
fixed diesel generators, and (l)150kW and (2)100kW trailer mounted diesel generators for a total of
$295,057.96. The 400kW unit will be installed at the North Re-pump Station, dedicating the existing
300kW generator to provide power to the ASR Well and Raw Water We1l4A. The three 100kW units will
be installed to Lift Stations 4, 6, and 11. The portable trailer mounted units will compliment our existing
fleet of 11 units, floating from various lift stations or storm pump stations as necessary. A copy of the
quote and tabulation of unit prices is attached (a discrepancy is acknowledged in the arithmetic on the
(2)100kW trailer mounted units).
Americas Generators, Inc. has previously supplied generators to the City and their products have met our
standard of quality and reliability.
Staff recommends a purchase award to Americas Generators, Inc, in the amount of $295,057,96 for the
purchase of seven generator units for the Utilities Maintenance Division.
Funding is available from accounts 442-5178-536-64.90, Water and Sewer Renewal and Replacement
Fundi Other Machinery and Equipment ($141,600.00); 441-5161-536-64.90, Water and Sewer FundlOther
Machinery and Equipment ($83,664.00); and 448-5461-538-68.18, Storm Water Utility Fundi Storm Water
Pump Station Rehabilitation ($69,793.96).
cc: Richard Hasko; Director of ESD
Robert Bullard; Utility Maintenance Manager
Harold Williams; Utility Maintenance Supervisor
City Clerk's Office
Agenda File 12.12.06
\ \EssrvOO 1 \beatty$\Utility Maint\Agenda Memo Americas Generators 12.l2.06.doc
~.K,~
FRfl'l :
FAX NO, : 17045961920
FAX 5$12U7U&
tb,.o, 24 2BB6 02:24PM P2t'4
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11/1./200& rUB '108
aTY OF DELRAY BEACtf - REQUEST FOR QUOTATION .1943
~:,:,'",L-';;(.'."'. .... ":'/~;":'~;}fD<;;:}::;~:-;i:Oj_~~:di;,.iStt~~~~~1
pRICftG PAGE
CQMPANYtwIE: A ~e9....\~,.L,~ ~
QUMIllv
.l.!DiJ Coat (Eal Extended Cost
G& ";II So
400kW dIeS8I geneniIIOr . ~ '-6 b ::; ~ . " ~ ~ "3-~ .
100kW dIeSel genef'8tOr ..:t 3se \1 ~ ~\ 07 4$\ C1:>
100fl.WcleStltf8ll8rmow'lllldgen&f8lor ~ ~'7 71q2R "7S4~S..~a
Co.5? ~
150kW dleaeI tniiIar mounted generator ~ S! Z;':3~ <:\ S I S -;~
-er
. 1
. a
. 2
. 1
. 1
8500 watt dIe88I genntor
~
TOTAL COST FOR AlL ITEMS AS A PACKAGe .
. t:}l
. 251? ~'2 . /..e.--
REMlM)ER
Upon notifiCatiOn of .ald. the $IJCCtISflj Bidder'" fifteen (15) d8p within whiCh to subml all
docUmetltaIion (sp8dfk:8tIOOlI, shop dnlwings, photos. *).
Requftd $.bmilIII5:
. Shop dtaWInp flIaI ......
. ~ ~.. ....,.......
0l.\IItlIII8T Itid;. ESD Pabtic: UtiIiIic:a. QctOIIcr 24, 2006
Q.oIe 'J943 pili' 11111 11
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FROM :
FAX t-I), : 17e45961B2l1l
tbv, 24 2006 02: 24P11 P4/4
aOle/Ol?
11/14/2006 rUB 9:10 PAl $'124371"
QUOTATION SIGNATURE FORM
QUOTATIONflM3 ~ n!IMlDAT~ Z:OOPJI. FrIdaY. ~17.2001
ImI: ~.orC.)Quote
&nvI1'OIIIMIItII serwc- DepBItIMnt
PubIc "11M Divi810n
No.1 "24 / D~
DATE
A ME
COMPANY
-$ldNATURE
A rl.,1- Pe ~ c:
NAIEITITLE
~1t'L5 ~()U~ '--s,Ai:)&.e- ~ lit,. NA;;6.7-
ADDRESS
.
~ !Il-' BSlf NW bJ~. yY...A~ PL ;>"7/66
etrY
FL
~=3--I.. b
STAn: ZIP CODE
TELEPHONE~ ~q1. Wrb FACSIIfILE:~ 5C:;Z" 'i)"c;ei:>
EJfAJLADDRESS Ar~u:z <a!> GroFt::>O.J'Ci?- .CO/J.'l .
VENDOR SERVICE REPR!SENTATIVE FOR PLACEMENT OF ORDER:
.,4 (l:r F@(lE 2-
CONTACT NAME:
TB.EPHONE ~.:;RZ - 469> FACMI'I F' ~ 'S;9 '2 - ~e"E:X:>
NOTE: pLEASE AFfIX SIONTUfE wtERI! INDICATED. FAILURE TO, DO SO StfALL Be
CAUSe FOR RfJEC110N OF YOUR PROPOSAL
Cielltntor RiIt liSP PaIbtio Uti1ltils. Oc\llb!r I&. 2006
QDOIe.1MlpqttselS6
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Gererator Bid
Environmental Services Department
Public Utilities Division
Bid Tab
Quotation ReQuest # 1943
Americas Generators
I EST. QTY. I
ITEM NO.
DESCRIPTION
UNIT
1 400 KW Diesel Generator
EA 1
------ ..- ------------- ------------_._..-,_.. .,-. . '-0' 0'__"_' UH
2 100 KW Diesel Generator
EA 3
1-------------- ---- -"----'-
3 100 KW Diesel, trailer
mounted Generator EA 2
----_._---_..--~- - ----- - "0 --
4 150 KW Diesel, trailer
mounted Generator EA 1
f-------- .--- ---.
5 6500 Wart Diesel Generator
EA 1
--- -- "n" ___"'____'_ --
I UNIT PRICE I EXTENDED
. PRICE
$60,633.98 -- $60,633.98
-.-.- $35,817.00 $107,451.00
$37,719.99 - $75,439.98
~--- $51,533.00 $51,533.00
$0.00 $0.00
$295,057.96
Agenda Item No.: <3, K. ~
AGENDA REQUEST
DATE: December 5,2006
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: December 12, 2006
Description of item (who, what, where, how much):
Request to approve an award to Americas Generators, Inc. for the purchase of large fixed and portable
generators in the total amount of $295,057.96. The purchase will allow the placement of (1) 400kW unit to
be installed at the North Re-pump Station; (3) 100kW units to will be installed to Lift Stations 4, 6, and 11;
and (3) portable trailer mounted units to compliment our existing fleet of 11 units, floating from various lift
stations or storm water pump stations as necessary during power outages.
Funding will be available from the following accounts:
. 442-5178-536-64.90 ($141,600.00), Water & Sewer Renewal & Replacement Fund/ Other
Machinery and Equipment;
. 441-5161-536-64.90 ($83,664.00), Water and Sewer Fund/Other Machinery and Equipment; and
. 448-5461-538-68.18 ($69,793.96), Storm Water Utility Fund/ Storm Water Pump Station
Rehabilitation.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award to Americas Generators,
fixed and portable generators in the total amount of $295,057.96.
Department HeaGtix J1-iZ
Signature:
Inc. for the purchase of large
/[",-'5 -o{,
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available ~NO ~
Funding alternatives
Account No. & Description
Account Balance
(if applicable)
See above
See above
City Manager Review: @~.
Approved for agenda' ES 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\EssrvOOI \beatty$\Utility Maint\Agda Req Americas Generators l2.12..06.doc
TO:
THRU:
FROM:
SUBJECT:
DAVID T, HARDEN, CITY MANAGEry:?~ ~
PAUL DORLlNG, AICP, DIRECTOR OF PLANNIN~D ZONING
SCOTT R, ZUBEK, SENIOR PLANNER_S'?&
MEETING OF DECEMBER 12, 2006
CONSIDERATION OF WAIVER REQUESTS TO LOR SECTION 4,3,4 (K) TO REDUCE
THE LOT FRONTAGE, LOT WIDTH AND LOT SIZE FOR TWO PROPOSED LOTS,
LOCATED AT THE SOUTHWEST CORNER OF N,W, 4TH STREET AND N.W. 7TH
AVENUE (346 N.W, 7TH AVENUE),
I)~
tJltI\
The subject property consists of 1 un-platted, corner lot created by metes and bounds that is 107' wide
by 135' deep. The lot fronts N.W. 7TH Avenue and was owned by the Delray Beach Community
Redevelopment Agency (DBCRA). The DBCRA then transferred this property to the Delray Beach
Community Land Trust (DBCL T) for the purpose of providing affordable/workforce housing. There is an
existing single family residence on the property.
The applicant is proposing to demolish the house and subdivide the property to create two lots which
will front on N.W. 7TH Avenue. The proposed corner and the interior lot will both measure 53.50' wide by
135' deep. Neither of these proposed lots will comply with the R-1-A (Single Family Residential) zoning
district lot standards with respect to lot frontage, lot width and lot size as further discussed in the Waiver
Analysis section below.
As per LDR Section 4.3.1 (D), City Commission has the authority to grant relief of the following
standards:
LOR Section 4,3.4 (K) (Development Standards Matrix):
. Reduction of required lot frontage and width for interior lots from 60 feet to 53.50 feet;
. Reduction of required lot frontage and width for corner lots from 80 feet to 53.50 feet;
. Reduction of required lot size from 7,500 sq. ft. to 7,223 sq. ft.
Waiver Reauest:
Pursuant to LDR Section 4.3.1 (D), lots or yards created after October 1, 1990 shall meet the minimum
requirements established by Chapter 4 unless the City Commission declares at the time of approval of
an associated development application that it is necessary and appropriate to create such
nonconformity. The proposal involves the reconfiguration of the previously un-platted lot. As seen on
the attached (8.5" X 11" reduced) survey, the proposed corner and interior lots will be 53.50' wide and
135' deep. Both lots will be deficient with respect to lot size, lot width and lot frontage as noted in the
following table:
Interior Lot 60'
Corner Lot 80'
Lot Size
7,500 sq. ft.
7,500 sq. ft.
9.f\
City Commission Documentation
Meeting of December 12, 2006
Waiver Request for Lot 1, Block 1
Page 2
Waiver Findings:
Pursuant to LOR Section 2.4.7(8) (5), prior to granting a waiver, the granting body shall make findings
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.
The lot contained within Block 1, (Town of Linton plat) was originally created via metes and bounds as
a 107' wide by 135' deep corner lot. Over the course of time, the majority of these lots within this Block
have been aggregated or subdivided and developed as single family residences on 50' wide lots or
greater. Lot widths of 50' are fairly standard in the northwest area and are substantially more common
than lot widths of 60' or greater. In addition, the majority of single family residences built through the
DBCL T Program have been constructed on 50' wide lots and the proposal is consistent with the
surrounding development pattern. Ultimately, these lots will be developed as part of the Delray Beach
Community Land Trust (DBCL T) affordable/workforce housing program. There is a critical need to
provide affordable housing opportunities and this is becoming increasingly difficult with the increase in
property values. Relief when appropriate given the prevailing lot sizes, provides an additional avenue to
provide these opportunities.
The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe
situation and an approval would be granted in a similar situation. Based upon the above, it is
necessary and appropriate to approve the requested waivers in order to maintain a level of consistency
and affordability within the northwest neighborhood. It is noted that if the City Commission approves the
waiver, a survey must be filed with the Engineering Department showing the reconfiguration of the lots.
It is also noted that the nonconformity would be reduced if the subject property was evenly subdivided
with frontage along N.W. 4th Street. The dimensions for the proposed interior and corner lots would then
be 67.5' wide by 107' deep. This alternative reconfiguration would eliminate the nonconformity of
frontage, width, depth, and lot size for the interior lot as shown in the table above. Also, the corner lot
would meet minimum requirements for depth and lot size, but still be deficient with regards to the
minimum frontage and width requirements. However, the lot orientation as proposed is more consistent
with the prevailing lot configurations that comprise the N.W. ih Avenue neighborhood area.
By motion, approve the waivers to LOR Section 4.3.4(K) (Development Standards Matrix) to reduce the
lot frontage, lot width and lot size for two proposed lots per the dimensions noted in the table above,
based upon positive findings with respect to LOR Sections 2.4.7(B)(5) and 4.3.1 (D), subject to the
following conditions:
1. That a survey must be filed with the Engineering Department showing the reconfiguration of the
lots.
Attachments:
. Location Map
. Reduced Survey (8.5 X 11)
S:\Planning & ZoningIBOARDSICITY COMMISSIOMCRA 346 NW 7th Ave - Waiver. doc
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Page 1 of 1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061:23 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Dorling, Paul
Subject: orders
Attachments: cc order on waiver on 510 seagate dr 12-06.doc; cc order on waiver on clt prop 12-06.doc; cc
order on waiver on sun american bank 12-06.doc; cc order on waiver on temp park lots 12-
06.doc
Here are the orders for the 4 waivers on the agenda. Please place these on the dais. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1 st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.de/fa.v-beach.fI.us
12/1212006
(}M "t~J iAA-I.Mj~~ ir !fe,.t q 4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR THE DELRAY BEACH COMMUNITY LAND TRUST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the CL T. All of
the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 4.3.4(K) (Development Standards Matrix) provides minimum requirements
for development. The Applicant has requested the following waivers to the
development standards matrix in regards to the two lots:
Reduction of lot frontage and width for interior lots from 60' to 53,50'
Reduction of lot frontage and width for corner lots from 80' to 53,50'
Reduction of required lot size from 7,500 sq. ft. to 7,223 sq. ft.
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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
*Yes No
*subject to providing a survey showing the reconfiguration of the lots
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
q.R
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4, The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LDR Section 4.3.4(K).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
FROM:
D~~TY MANAGER
P....~DORLlNG, CTOR OF PLANNING AND ZONING
~~~ FERSON, SENIOR PLANNER
ff1
TO:
THRU:
SUBJECT:
MEETING OF DECEMBER 12, 2006
CONSIDERATION OF A SIDEWALK WAIVER REQUEST ASSOCIATED WITH A TWO-STORY
ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 510 SEAGATE
DRIVE, WITHIN THE BEACH OVERLAY DISTRICT
A request has been received to add a two-story addition to an existing two-story single family residence. Pursuant
to LDR Section 6.1.3 (B) (1), a 5' sidewalk is required. The applicant is seeking relief from that requirement via
this waiver request.
Presently there are no sidewalks along Seagate Drive or Melaleuca Road or in the vicinity of the subject property.
Pursuant to Land Development Regulations (LDR), Section 6.1.3 (D) (1) (b) - Waiver, where it is clear that the
sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may
be completely waived, subject to approval by the City Commission.
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; In the absence of existing sidewalks in the neighboring
area, granting this waiver will not pose any adverse effects. In contrast, imposing sidewalks along the
right-of-way solely for this property, will likely adversely affect the aesthetics of the neighborhood.
(b) Shall not significantly diminish the provision of public facilities; Public facilities such as curb and
gutter have been provided along the property lines to the east (Seagate Drive), south (Melaleuca Road)
and southeast (intersection) of the proposed development. Given the lack of sidewalks in the area, waving
this requirement will not diminish public facilities associated with non-vehicular circulation.
(c) Shall not create an unsafe situation; and, Due to the lack of need for access by the general public to
the proposed development, the absence of sidewalks will not create an unsafe situation for pedestrians.
(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.
All waiver requests are granted on a case-by-case basis as deemed appropriate for the circumstances of
each proposed development. Thus, granting this waiver will not serve to set a precedent for future waiver
requests by other property owners or applicants. However, under similar circumstances, it is reasonable
to assume such requests would be supported.
Granting the requested sidewalk waiver will not have an adverse affect on the neighboring area, create an unsafe
situation, diminish the provision of public facilities or create a special privilege for other owners or applicants
seeking waivers under similar circumstances. In turn, a positive finding with respect to LDR Section 2.4.7 (B) (5)
can be made.
Approve the waiver request, pursuant to LDR Section 6.1.3 (D) (1) (b), to provide relief from the Code requirement
in Section 6.1.3 (B) (1) for a 5' sidewalk, based on positive findings with respect to LDR Section 2.4.7 (B) (5) and
consistency with the Comprehensive Plan. q, B
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Page 1 of 1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061:23 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Dorling, Paul
Subject: orders
Attachments: cc order on waiver on 510 seagate dr 12-06.doc; cc order on waiver on clt prop 12-06.doc; cc
order on waiver on sun american bank 12-06.doc; cc order on waiver on temp park lots 12-
06.doc
Here are the orders for the 4 waivers on the agenda. Please place these on the dais. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1 st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.delrav-beach.fI.us
12/12/2006
()JJitidkJ iAtfuila1.~ ir ~ q 8
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR 510 SEAGATE DRIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2, The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
located at 510 Seagate Drive, All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
I. WAIVER:
LOR Section 6.1,3(B)(1) requires the construction of a sidewalk, the Applicant has
requested a waiver from this requirement.
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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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
1
~.~
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LOR Section 6,1.3(B)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
t?k
tir1
I
FROM:
SUBJECT:
DAVI~HARD~MANAGER
PAul ~NG, i:l1~~R OF PLANNING AND ZONINY "
MICHAEL VINCI, ASSISTANT PLANNER .1It-.P-:;)
MEETING DATE: DECEMBER 12, 2006
CONSIDERATION OF A WAIVER REQUEST TO ALLOW A TEMPORARY
PRE-FAB BUILDING FOR SUN AMERICAN BANK. LOCATED ON THE
NORTH SIDE OF SE 6TH STREET. BETWEEN SE 5TH AVENUE AND SE 6TH
AVENUE
TO:
THRU:
This proposal is in conjunction with the construction of a one-story 3,184 square foot bank with
drive-thru facilities. The property consists of Lots 5, 6, 7, and 8, Block 1 of the Osceola Park
subdivision and contains 0.95 acre. The property is zoned GC (General Commercial) and was
previously occupied by Chesterfield's Restaurant within an 8,156 square foot structure which
has since been demolished.
On September 13, 2006, the Site Plan Review and Appearance Board approved with
conditions, a Class V site plan, including landscape plan and architectural plans to allow the
construction of a 3,184 square foot bank with 4 drive thru-Ianes, one bypass lane; and a 22-
space parking lot with associated landscaping.
The developer is now requesting to place a 1,960 sq. ft. pre-fabricated building to serve as a
temporary banking facility prior to and during the construction of the permanent facility. The
temporary facility will be located to the east of the permanent structure with a new drive-thru
lane and 18 parking spaces (including a handicap parking space).
Pursuant to LOR Section 2.4.6(F) (1) no temporary uses are allowed unless they are specifically
listed under the temporary use permit section. Temporary buildings to accommodate a use
during construction of the permanent buildings is not specifically listed. Therefore, a waiver to
this restriction is requested. Given the extended stay of temporary modular trailer uses on
similar properties in the past, City staff believes that any approval should be given a specific
time limit. Further, the issuance of a temporary use permit should be issued concurrent with
building permit for the permanent improvements. A building permit application has not been
submitted for the permanent facility. Given an anticipated construction timeframe of 18 months
for the permanent facility, a time limitation of 24 months for the temporary permit appears
reasonable. As permits for temporary modular buildings are not specifically identified in the list
of allowable temporary uses provided in the LOR Section 2.4.6(F), approval of a waiver from the
City Commission is required and is now requested.
Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body must make
a finding that granting 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.
q,c
..
, .
City Commission Documentation
Meeting December 12, 2006
Temporary Modular Building for Sun American Bank
Page 2
The proposed modular building will be so located on the site to facilitate the construction of the
permanent building including the drive-thru facility. The proposal is temporary and will enable
the Sun American Bank to operate in the area while construction is proceeding. Approval of the
temporary use permit should be tied to the issuance of the building permit for the permanent
building to ensure that property owners proceed with due diligence to construct the permanent
facility. Additionally, a condition is proposed to provide a 24 month limitation on the request and
a requirement to remove the building after that time period.
By motion, approve a waiver to allow for a temporary bank building for a period not to exceed 24
months, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the
following condition:
1. That a Class II site plan modification is processed and approval obtained from the Site Plan
Review and Appearance Board.
2. That the site be fully restored in compliance with the approved Class V site plan for Sun
American Bank once the trailer is removed; and,
3. That the temporary use permit for the trailer is to be issued in conjunction with the building
permit issuance associated with the permanent improvements for the bank.
Attachment: Proposed Temporary Facility
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-- -- '.-- -- -tnr.loI".. -- - - .. - , --
Page 1 of 1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061:23 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Dorling, Paul
Subject: orders
Attachments: cc order on waiver on 510 seagate dr 12-06.doc; cc order on waiver on clt prop 12-06.doc; cc
order on waiver on sun american bank 12-06.doc; cc order on waiver on temp park lots 12-
06.doc
Here are the orders for the 4 waivers on the agenda. Please place these on the dais. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561)278-4755
shutt@ci.delrav-beach.fI.us
12/12/2006
(}JJ;ticB<J M<1rr~;1~ ir ~ q. f!
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SUN AMERICAN BANK
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request Sun American Bank.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 2.4.6(F)(1) provides that no temporary uses are allowed unless they are
specifically listed under the temporary use permit section. The Applicant has requested
a waiver to this section as the temporary use, bank building, is not listed in this section.
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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
*Yes No
*subject to the submittal, processing and approval of a Class II site plan;
The site be fully restored in compliance with the approved Class V site plan
once the trailer is removed; and
The temporary use permit for the trailer is to be issued in conjunction with the
building permit issuance associated with the permanent improvements for the
bank.
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
1
q.L
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan,
4, The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings,
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LDR Section 2.4.6(F)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
~
FROM:
D~T. A
PA DOR~, ICP, DIRECTOR OF PLANNING AND ZONING
COTT ARONSON, fRKING MANAGEMENT SPECIALIST
MEETING OF DECEMBER 12, 2006 - REGULAR AGENDA
CONSIDERATION OF WAIVER REQUESTS TO CERTAIN
SUBSECTIONS OF LAND DEVELOPMENT REGULATIONS (LOR)
SECTION 2.4.6(F)(3)(E) TEMPORARY PARKING LOTS
PURSUANT TO LDR SECTION 2,4.7(B)(5).
BJ\c
TO:
THRU:
SUBJECT:
At its workshop meeting of November 14, 2006, the City Commission directed Staff to secure any
and all available parking lots to lease during the Old School Square and Block 69 parking garage
construction period.
Staff is in the process of negotiating several properties, including the Old Neal's MarketlA to Z
Automotive site located at the corner of NE 1st Street between NE 1st and 2nd Avenues.
Preliminary negotiations would secure the lot through March, 2007. To expedite utilization and
minimize expense in preparing the sites on a temporary (short-term) basis, staff is requesting a
waiver to the following improvements required by LOR Section 2.4.6(F)(3)(e) - Temporary Parking
Lots for each of these lots.
LOR Section 2.4,6(F)(3)(e)3: "Prior to issuance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations, landscaping and other information
which addresses the regular maintenance of the parking surface and irrigation of the landscaped
areas."
)> Landscaping and irrigation will not be provided given the extremely short time period the
lot is expected to be used.
LOR Section 2.4,6(F)(3)(e)4: The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by the Parking Management
Advisory Board prior to submission to the City Commission for consideration.
)> Due to meeting schedules and the urgency in providing this public amenity the Parking
Management Advisory Board (PMAB) will be advised of this Temporary Parking Lot
request at its meeting of December 19, 2006. A grading plan will not be provided given
the temporary nature of this request.
LOR Section 2,4,6(F)(3)(e)8: A temporary parking lot shall be constructed to the following
specifications:
a. The parking lot surface shall be brought to grade with a dust-free surface of one of the
following materials over soil which has been compacted to 95% maximum density per
AASHTO T-180:
** four inches of crushed limerock or shell rock coated with a prime coat per FOOT
"Standard Specifications for Road and Bridge Construction", latest edition;
g.D
City Commission Documentation - Meeting 12/12/2006
Temporary Parking Lot Waivers
Page 2
** four inches of pea rock, gravel or river rock; or
** six inches of mulch.
);> The parking lot surface shall be constructed from lime sludge. The material, when cured, will
provide a smooth solid surface able to accommodate the parking of vehicles.
b. If the lot is not operated on a 100% valet basis, wheel stops shall be provided as a means
to indicate individual spaces. The size of the parking spaces, maneuvering areas and
aisle widths shall be subject to the standards of Section 4.6.9(D)(4). In addition, the
parking lot shall meet the requirements of the "Florida Accessibility Code for Building
Construction" .
);> The lot is mainly intended for use by the general public, a portion of the lot to
accommodate parking needs for Catafulmo Construction Employees and Old School
Square special events. No wheel stops will be provided. Required stall and maneuvering
dimensions and ADA compliance will be provided. Spaces will be delineated in a fashion
approved by the City Manager or his designee.
c. The parking lot perimeter shall be buffered with a minimum 3 feet wide landscape strip,
screened with a minimum 2 feet high hedge or 4 feet high opaque fence. Water for
irrigation shall be available within fifty (50) feet of all landscaped areas.
);> The parking lot perimeter will not be buffered with landscaping but, rather screened by a
perimeter fence. Therefore no irrigation will be provided. As these lots are to be leased
the property owner may upon appropriate City approval, desire to place a "development
pending" sign along the fence line.
Waiver Findinas:
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.
As illustrated above, granting of the requested waivers will not have an adverse affect on the
neighboring area, create an unsafe situation, or diminish the provision of public facilities.
Conversely, the granting of the waivers will have a positive affect on the neighborhood, improve
the provision of public facilities and will eliminate the unsafe condition through the provision of
additional public parking. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5)
can be made.
By motion, approve the aforementioned waivers to LDR Section 2.4.6(F)(3)(e) for the
aforementioned sites by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with and meets the criteria set forth in Section 2.4.7(B)(5) of
the LDR.
Page 1 of 1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061:23 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Dorling, Paul
Subject: orders
Attachments: cc order on waiver on 510 seagate dr 12-06.doc; cc order on waiver on clt prop 12-06.doc; cc
order on waiver on sun american bank 12-06.doc; cc order on waiver on temp park lots 12-
06.doc
Here are the orders for the 4 waivers on the agenda. Please place these on the dais. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.de/raY-beach.f1.us
12/12/2006
(}JJitdkJ ffi-k~;t~ ir ~ q ])
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST RELATING TO A TEMPORARY PARKING LOT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the use of
property along N.E. 1 st Avenue as a temporary parking lot. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection I.
I. WAIVER:
LOR Section 2.4.6(F)(3)(e) requires certain improvements and plans for temporary
parking lots. The Applicant is requesting a waiver from the requirements of Sections
2.4.6(F)(3)(e)(3), (4) and (8),
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,
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan,
1
q.t)
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the'staff reports, testimony of experts and other
competent witnesses supporting these findings,
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LDR Section 2.4.6(F)(3)(e)(3), (4) and (8).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of in favor and
opposed,
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
MEMORANDUM
SUBJECT:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # 9 ,~- REGULAR MEETING OF DECEMBER 12, 2006
DISCUSSION /2007 ANNUAL TOWN HALL MEETING
TO:
FROM:
DATE:
DECEMBER 8, 2006
TIlls item is before the Commission regarding the 2007 Annual Town Hall Meeting. On a couple of
occasions, the Commission has mentioned that the current structure of the Town Hall Meeting does
not provide for broad public participation.
Staff is asking Commission for direction regarding what you would prefer to do in lieu of the Town
Hall Meeting. Planning and Zoning will still need to conduct an Infrastructure Hearing.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\2007 Annual Town Hall Meeting 121206.doc
~
MYDELRAYBEACH. COM
City of Oe1t:'G)f Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: QJ8Robert A. Barcinski, Assistant City Manager
DATE: December 7, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 12, 2006
Proposed Performance Measures FY 07/Municipal Golf Course,
Lakeview Golf Course and Tennis Facilities
Action
City Commission is requested to review and approve performance measures
proposed for FY 07 for the Municipal Golf Course, Lakeview Golf Course and the
Tennis Facilities.
Back9round
Attached are proposed performance measures for FY 07 for the Municipal Golf
Course, Lakeview Golf Course and Tennis Facilities. Attached are the proposed
measures and point assignments for FY 07 as compared to actuals for FY 06,
We have again included a bonus point provision for tasks completed that exceed
contract expectations such as clean up after a hurricane.
As indicated last year after checking with our bond counsel concerning the
viability of using net profit as a measure, we were told rulings have not changed
and if net profit were to be used we could lose the tax free status of the
bonds.
Most of the municipal or county owned courses in our area are operated by
their own employees and they do not pay bonuses. We were also advised that
virtually all private clubs pay a bonus to the club manager and the bonus is
based on customer satisfaction and their ability to keep costs under budget.
<i.~
Per our agreement dated September 28, 2004 paragraph 9, JCD Sports Group
is eligible for up to a 15% bonus of the base payment per year based on
approved performance measures,
Recommendation
Staff recommends approval of proposed performance measures for FY 07 for
the Municipal Golf Course, Lakeview Golf Course and Tennis Facilities.
RAB:dr
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[IT' DF DELRAY IEA[H
DELRA Y BEACH
f LOR I D ...
b.8I:tI
All-America City
, III I!
MEMORANDUM
1993
2001
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: December 7,2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 12. 2006
CREATIVE CITY COLLABORATIVE
ACTION
City Commission is requested to consider the formation of a Creative City Collaborative
Organizational/Incorporation Committee and provide staff direction on its formation and
tasks.
BACKGROUND
At the Commission meeting held on November 21, 2006, it was the consensus of
Commission that the Creative City Collaborative should be set up as a 501 (C)(3) versus
a City Board. Commission, however, also indicated that they felt that initially an
Organizational/Incorporation Committee might need to be established from which the
full CCC could be spun off. Commission also felt that there would need to be City
involvement initially with this committee. Commission requested that this item be placed
on the December 12th meeting to discuss further and to provide staff direction.
Staff offers the following suggestions for Commission consideration:
Appointments: All members to be appointed by City Commission.
Number of Committee Members: Maximum of 10
Duration of Committee: 6 to 12 months
Committee Composition:
One (1) member each of the following: City, Chamber of Commerce, DMC, Old
School Square, EPOCH, Sandoway House, Major Cultural Festival Organization
(Total 7).
One (1) attorney to assist with incorporation.
- Two (2) others.
U:\RAB\Agenda Item re Creative City Collaborative. doc
q.~
@
E
.Ai "\ii'''' .M.
LV..." 1
E S
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 12. 2006
CREATIVE CITY COLLABORATIVE
December 7,2006
Page 2
Tasks:
Review and make recommendations on proposed by-laws.
Review and make recommendations on proposed staffing and duties.
Begin incorporation process.
Review and refine duties and responsibilities of CCC.
Hire staff
Review and make recommendations on funding and event applications and
process.
Develop work plans.
It has also been suggested that we expand Coletta and Company's work plan to assist
with the implementation and help move tasks forward. Commission may have other
ideas and suggestions. Staff is requesting direction from City Commission.
RECOMMENDATION
Staff recommends consideration of establishing a Creative City Collaborative
organization/incorporation Committee.
RAB/gb
U:\RAB\Agenda Item re Creative City Collaborative. doc
Creative City Collaborative
Purpose:
The Creative City Collaborative (CCC) is the public/private umbrella
organization for culture and the arts in Delray Beach, and in this role, its
responsibility is to build the infrastructure, to coordinate public funding and
support cultural growth to strengthen the city's distinctiveness as a
competitive advantage in the new economy.
The Delray Beach Cultural Plan is the organizational framework for the CCC,
which is responsible for the implementation of its recommendations, The
vision of the CCC is to target culture as a competitive advantage by increasing
available funding for arts and culture, providing recommendations for public
funding, screening in conjunction with City of Delray in-kind requests for public
services, and championing innovative programs,
Its philosophy will be centered on its role as a vehicle for creating a consensus
about a shared future for Delray Beach's cultural future,
Creative City Collaborative
Organizational Meeting
AGENDA
1. Welcome
2. Introductions of attendees
3. Purpose of meeting and background
4. Review of Delray Beach Cultural Plan recommendations
5. Review proposed bylaws
6. Review proposed budget
7. Review proposed job descriptions
8. Review proposed funding request application
9. Legal briefing about next steps
10. Identify incorporators for legal filing
11. Consensus on next steps: staffing, plan of work, nonprofit filings
12. Adjournment
[ITY DF DELRRY BER[H
CITY ATTORNEY'S OFFICE
2()() NW Isl AVENI 'F' DELRAY REACH, FLORIDA 33444
TELEPHONE: 5hl/2-U-7()l)II" FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR I D A
D.e.I:II
;"iiH: ~;~E
MEMORANDUM
December 8,2006
City Commission
David Harden, City Manager
1993
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Housinq Assistance and Development Aqreement
Attached is the final Housing Assistance and Development Agreement. Some
changes were made to strengthen the application. David Schmidt finds the
changes acceptable as it pertains to the CL T.
The City or any party may terminate its participation in the agreement if the
CWHIP Application is unsuccessful. Please put this revised agreement on the City
Commission a nda for December 12, 2006.
Attachment
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
David Schmidt, Esq.
~.\\
Page 1 of1
Ruby, Susan
Marty Friend [mfriend@ascotdevelopment.com]
Friday, December 08,20068:33 AM
Ruby, Susan
Jaimieross@aol.com; david@simonandschmidt.com; Marc Meran; Teri Gevinson; Garrett
Bender
Subject: Final Workforce Housing Agreement
Attachments: SKMBT _ C45006120809280.pdf; HousingAgmt12-8-06.doc; HousingAgmt12-8-06(redlineto 12-
4 ).doc; HousingAgmt12-8-06(redlinet012-7).doc
From:
Sent:
To:
Cc:
Susan,
As requested, attached is a final draft of the Housing Assistance and Development Agreement for inclusion in
your agenda package, along with a cover letter explaining the changes from the December 4th draft that was
approved by the City.
I have also made two changes to the draft that was distributed yesterday: (1) I once again removed Treasure
Coast Regional Planning Council as a party to the agreement since they could not complete their review before
the city's deadline to have a final agreement by this morning, and (2) I have modified the termination provision as
you requested.
For your convenience I have also attached two redlined versions of the document - one showing all changes to
the December 4th document, and one showing all changes to the document distributed yesterday.
Please confirm the agreement is now acceptable to you.
Thanks again for all your help with this.
Marty
Martin Friend
General Counsel
Ascot Development
(561) 495-7554
***
eSafe scanned this email for malicious content ***
IMPORTANT: Do not open attachments from unrecognized senders
***
***
12/8/2006
(/~ '0
ASCOT
DEVELOPMENT
~~lnlr
December 8, 2007
Susan Ruby, Esq,
City Attorney
City of Delray Beach
200 NW 1 st Avenue
Delray Beach, FL 33444
VIAEMAIL
Re: Housing Assistance and Development Agreement
Susan:
Attached is a revised final draft of the Housing and Development Agreement for the city's final
approval. As you know, the changes that have been made since the December 4th draft reflect
advice received from our consultant with experience processing similar applications with the
Florida Housing Finance Corporation ("FHFC"), and are intended to create an agreement that
truly reflects the parties' intended partnership in this project so that when presented to the FHFC
for consideration the parties' commitment to the project is evident. More specifically, certain
provisions that unnecessarily could give the impression that the parties may elect not to move
forward the workforce housing project have been eliminated.
If you have any further questions, please feel free to contact me.
Sincerely,
~
Martin B. Friend
General Counsel
Delray Park of Commerce
1000 NW 17th Avenue · Delray Beach, FL 33445 · Office: (561) 495-7554 · Fax: (561) 241-6606
www.ascotdevdopment.com
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of December, 2006 by and among MIDTOWN
DELRAY, LLC, a Florida limited liability company ("Developer"), CITY OF DELRAY
BEACH ("City"), the DELRA Y BEACH CHAMBER OF COMMERCE ("the Chamber"),
and the DELRA Y BEACH COMMUNITY LAND TRUST, INC. ("DBCLT").
WITNESETH:
WHEREAS, Developer owns approximately 10 acres in Delray Beach, Florida
("Property") known as Midtown Delray, and desires to develop thereon a residential
community consisting of approximately 124 homes and a 20,000 square foot office building
and associated amenities ("Project"); and
WHEREAS, the parties hereto desire to enable Developer to develop a portion of
the Property for the purpose of providing workforce housing to essential personnel of the
City of Delray Beach; and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach, falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bill 1363, effective July 1, 2006 ("CWHIP"),
to provide attainable housing by using regulatory incentives and state and local funds to
promote local public-private partnerships which maximize government and private
resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership (the
"Project Partnership") for the purpose of helping to address the high cost of living and
housing in the City of Delray Beach and the undue burden on homeownership and rental
opportunities for essential service personnel, as defined by the City.
WHEREAS, Midtown Delray will be developed through an Innovative Public
Private Partnership that brings to bear contributions from the private and public sector to
create a smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray Beach
employees and the essential workforce personnel employed by the public and private sector
in Delray Beach.
WHEREAS, the Public Private Partnership includes the City of Delray Beach,
Delray Beach Community Land Trust, Inc, the Delray Beach Chamber of Commerce, and
Midtown Delray, LLC. This Agreement outlines the principal objectives and role of each
partner in the public private partnership that constitutes the Applicant for the CWHIP
application.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally bound,
hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance by
each ofthe parties hereto with their obligations hereunder, hereby agrees to the following in
connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent (25%)
of the total number of residential units approved to "essential services personnel workforce
housing", as will be defined by the City in a manner that is generally consistent with its
corresponding LHAP defmition. The workforce housing commitment to provide such
housing shall be offered at a price up to 140% of the AMI as defined in the CWHIP
legislation.
(b) Developer agrees to apply for a grant under the terms of the
CWHIP to enable the development of a community land trust townhome community within
Midtown Delray to be constructed on that portion of the Property identified as Type I
hereto. These units will be made available to meet the housing needs of essential services
personnel which may include, but not be limited to, teachers, nurses, police, and fire rescue
personnel, in accordance with the goals of the City of Delray Beach. Developer shall
contribute to a Delray Beach Community Land Trust, Inc. ("DBCL T") comprised of the
Applicants land, at an anticipated value in excess of $2,000,000, for the development of
25% of the total number of townhomes for the purpose of workforce housing with
particular emphasis to essential service providers. The Developer (or its assignee) shall
have the right, but not the obligation, to be the builder of such townhomes.
2. The City of Delray Beach, the principal public partner, hereby agrees to
comply with the following in connection with the Project Partnership:
(a) In recognition of the important public purpose served by the creation
of a substantial number of housing opportunities for Delray Beach's essential workforce, the
City of Delray Beach will be charged with overseeing the expediting of the Site Specific
Comp Plan Amendment. The City will handle development reviews concurrently, rather
than sequentially, and that the entire review and approval process including public hearings,
shall be completed as stated below. Required approvals shall include the following, as
applicable: comprehensive plan amendment; any rezoning; and plat approval.
(b) The City shall expedite the review of the development applications
for the Comp Plan amendment, rezoning, site plans in the development, and other approvals
and permits that are required by the City and its agencIes In connection with the
development of the Project;
(c) The City will perform an expedited review of all plans and permits
in conjunction with the Comp Plan amendment, rezoning, and master site plan approval and
shall complete that review no more than thirty (30) days from the date of submittal of
information by Developer;
(d) The overall review process, including all required public hearings,
shall be held and completed within ninety (90) days of the date of initial submittal of a
complete application by Developer (plus any additional days of delay caused by the state or
any other third party), provided however, if Developer fails to provide appropriate plans
that are in compliance with the City's Land Development Regulations and the plans are
rejected the time from the date of rejection to resubmittal of plans that are in compliance
shall not be counted toward the overall review process deadlines. Review and approval
shall include the comprehensive plan application and issuance of the Development Order,
rezoning to SAD and adoption of the Resolution by the City Commission, and master site
plan approval for the SAD by the City Commission. Nothing contained herein constitutes
nor is it intended to constitute an agreement to approve any of the foregoing.
(e) The City shall expedite the review of all development applications,
plats and permits, and approval of formal site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project, as stated above.
3. The DBCLT and the City hereby agree as follows:
(a) The DBCLT shall provide monitoring and enforcement of the Work
Force Housing to qualified buyers for the DBCLT and the City shall monitor the
enforcement of the other workforce housing units in the Project;
(b) The City or the DBCLT, as applicable, shall provide a full range of
credit counseling, application review and counseling services to help clients achieve
homeownership;
(c) The City or the DBCLT, as applicable, shall facilitate the deed
restrictions or DBCLT 99 year ground lease restrictions that ensure income eligibility both
initially and upon re-sales; and
(d) The DBCLT shall provide perpetual stewardship of the DBCLT land,
that is the subject of the CWHIP application, to monitor for permanent affordability. The
City shall provide oversight to other Workforce Housing units to ensure affordability.
4. Delray Beach Chamber of Commerce hereby agrees as follows:
(a) Chamber shall provide advertising and public relations designed to
generate support for the project;
(b) Chamber shall provide outreach program for local employers to
educate employees about workforce housing opportunities in the Project. This is a critical
component of the Project Partnership, as most low paid professionals are unaware that they
qualify for affordable housing programs.
5. The City hereby agrees as follows:
(a) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination of
appropriate materials for distribution to current and prospective City employees;
(b) The City shall cooperate with the Developer for the implementation of
an Employee Assistance Home Ownership Program designed to facilitate home ownership
for City employees, and as permitted under Florida Statutes.
6. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that any
approvals will be made as a result of entry into this Agreement.
7. Developer is hereby authorized to complete and submit the CWHIP
application on behalf of the partnership reflected in this Agreement and each of the parties
hereto.
8. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
9. Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement.
10. Each of the parties acknowledge and agree that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or proceeding
instituted in any court of competent jurisdiction without the necessity of proving damages
without prejudice or any other remedies it may have at law or in equity. Except as provided
herein, this Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns, and no other person shall have
any rights, interest or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third-party beneficiary or otherwise.
10. This Agreement may be terminated by any party in the event the CWHIP
Application is unsuccessful.
11. The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would also
further its interests in affordable housing.
12. This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
13. This Agreement shall be effective once signed by the parties to this
Agreement. This Agreement shall be binding upon the parties' assigns and successors in
interest.
THIS SPACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year first above written.
MIDTOWN DELRAY,
LLC, a Florida limited Hability company
By:
Garrett M. Bender, Manager
Midtown Delray, LLC, Sole Member
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
Attest:
City Clerk
Approved as Form:
City Attomey
DELRAY BEACH CHAMBER OF
COMMERCE
By:
Title:
DELRAY BEACH COMMUNITY LAND
TRUST, INC.
By:
Title:
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of December, 2006 by and among MIDTOWN
DELRA Y, LLC, a Florida limited liability company ("Developer"), CITY OF DELRA Y
BEA CH ("City"), ~h~ .l:?~.l.~ X .~~~.~g .~~M~~~. .9~. ~9MM~~~.I?: .<'.'t~e. .~h.aI~'ll?~r:'>.,...l..... (~~I~~;:
and the DELRA Y BEACH COMMUNITY LAND TRUST, INC. ("DBCLT").
-..-....
;
WITNESETH:
WHEREAS, Developer owns approximately 10 acres in De1ray Beach, Florida
("Property") known as Midtown Delray, and desires to develop thereon a residential
community consisting of approximately 124 homes and a 20,000 square foot office building
and associated amenities ("Project"); and
WHEREAS, the parties hereto desire to enable Developer to develop a portion of
the Property for the purpose of providing workforce housing to essential personnel of the
City of Delray Beach; and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach, falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bil~.1}~~~.~K~l?~ti.~~}~!)'J....2~o.~.r~w~~"},..J.....{~I~~~;~.:
to provide attainable housing by using regulatory incentives and state and local funds to
promote local public-private partnerships which maximize government and private
resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership (the
"Project Partnership") for the purpose of helping to address the high cost of living and
housing in the City of Delray Beach and the undue burden on homeownership and rental
opportunities for essential service personnel, as defined by the City.
WHEREAS, Midtown Delray wiIl be developed through an Innovative Public
Private Partnership that brings to bear contributions from the private and public sector to
create a smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray Beach
employees and the essential workforce personnel employed by the public and private sector
in Delray Beach.
WHEREAS, the Public Private Partnership includes the City of Delray Beach,
Delray Beach Community Land Trust, Inc. the Delray Beach Chamber of Commerce. and _-----(i);,;;t;J;:;;;;d-------------------1
Midtown DeJrav. LLC. This A reement 0~tIin-es-tlle---rind--aroD<eCiives-and--r61e-oreac&--- '____mm_ ---
___m_____m._.____..._, g P P ~
partner in the public private partnership that constitutes the Applicant for the CWHIP
application.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally bound,
hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance by
each of the parties hereto with their obligations hereunder, hereby agrees to the following in
connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent (25%)
of the total number of residential units approved to "essential services personnel workforce
housing", as will be defined by the City in a manner that is generally consistent with its
corresponding LHAP definition. The workforce housing commitment to provide such
housing shall be offered at a price up to 140% of the AMI as defined in the CWHIP
legislation.
(b) Developer agrees to apply for a grant under the terms of the
CWHIP to enable the development of a community land trust townhome community within
Midtown Delray to be constructed on that portion of the Property identified as Type I
hereto. These units will be made available to meet the housing needs of essential services
personnel which may include, but not be limited to, teachers, nurses, police, and fire rescue
personnel, in accordance with the goals of the City of Delray Beach. Developer shall
contribute to a Delray Beach Community Land Trust, Inc. ("DBCLT") comprised of the
Applicants land, at an anticipated value in excess of $2,000,000, for the development of
25% of the total number of townhomes for the purpose of workforce housing with ________________________
particular emphasis to essential service providers. ~ I~<l J?~y:~.1_<?pe!__(~~ _ i~s__a~sigJ?~e t ~h~.1L_ _ _ _ - - - { Deleted: The Developer sh~l be '
have the right but not the obligation to be the builder of such townhomes. : obhgated to convey utle ~ thIS land to
" : DBCLT at such urn. as wdl be agreed by I
: Developer and DBCL T prior to .
: December IS, 2006, it being
; acknowledged that if Developer and
: DBCL T do not reacb such an agreement
! by December IS, 2006 this Agreement
i shall tenninate. I
\-------.-...----.---.--.-------..---..,
2. The City of Delray Beach, the principal public partner, hereby agrees to
comply with the following in connection with the Project Partnership:
(a) In recognition of the important public purpose served by the creation
of a substantial number of housing opportunities for Delray Beach's essential workforce, the
City of Delray Beach will be charged with overseeing the expediting of the Site Specific
Comp Plan Amendment. The City will handle development reviews concurrently, rather
than sequentially, and that the entire review and approval process including public hearings,
shall be completed as stated below. Required approvals shall include the following, as
applicable: comprehensive plan amendment; any rezoning; and plat approval.
(b) The City shall expedite the review of the development applications
for the Comp Plan amendment, rezoning, site plans in the development, and other approvals
and permits that are required by the City and its agencIes m connection with the
development of the Project;
(c) The City wi11 perform an expedited review of all plans and permits
in conjunction with the Comp Plan amendment, rezoning, and master site plan approval and
shall complete that review no more than thirty (30) days from the date of submittal of
information by Developer;
(d) The overaH review process, including all required public hearings,
shall be held and completed within ninety (90) days of the date of initial submittal of a
complete application by Developer (plus any additional days of delay caused by the state or
any other third party), provided however, if Developer fails to provide appropriate plans
that are in compliance with the City's Land Development Regulations and the plans are
rejected the time from the date of rejection to resubmittal of plans that are in compliance
shall not be counted toward the overall review process deadlines. Review and approval
shall include the comprehensive plan application and issuance of the Development Order,
rezoning to SAD and adoption of the Resolution by the City Commission, and master site
plan approval for the SAD by the City Commission. Nothing contained herein constitutes
nor is it intended to constitute an agreement to approve any of the foregoing.
(e) The City shall expedite the review of aH development applications,
plats and permits, and approval of formal site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project, as stated above.
3. The DBCLT and the City hereby agree as foHows:
(a) The DBCLT shaH provide monitoring and enforcement of the Work
Force Housing to qualified buyers for the DBCLT and the City shall monitor the
enforcement of the other workforce housing units in the Project;
(b) The City or the DBCLT, as applicable, shall provide a full range of
credit counseling, application review and counseling services to help clients achieve
homeownership;
(c) The City or the DBCLT, as applicable, shall facilitate the deed
restrictions or DBCL T 99 year ground lease restrictions that ensure income eligibility both
initially and upon re-sales; and
(d) The DBCLT shall provide perpetual stewardship oflhg_DBCLT land,
lhi:l:Li'!JJ1(;?~_lJ.J?j~,~JQHhf(,~\YU!e!)'PQjj~:blJIpn, to monitor for permanent affordability. The
City shall provide oversight to other Workforce Housing units to ensure affordability.
4. Delray Beach Chamber of Commerce hereby agrees as follows:
(a) Chamber shaH provide advertising and public relations designed to
generate support for the project;
(b) Chamber shall provide outreach program for local employers to
educate employees about workforce housing opportunities in the Project. This is a critical
component of the Project Partnership, as most low paid professionals are unaware that they
qualify for affordable housing programs.
5. The City hereby agrees as follows:
(a) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination of
appropriate materials for distribution to current and prospective City employees;
+--
______________{b) The City shall cooperate with the Developer for the implementation of
an Employee Assistance Home Ownership Program designed to facilitate home ownership
for City employees, and as permitted under Florida Statutes.
6. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that any
approvals will be made as a result of entry into this Agreemenlyuu__ _muuuu_u __ uumu_____
7. [~~y,Sh)j!~:Lj~J~~{~J~);~.,~yJIWXi~,~~l"J~J,-,-~~t1JJ]Jxt~,.,,~~l,g::~~~JJ)IJJ.lt~~~h~-,-~~~)Ylj,U(:
applicaiion on behalf of ihe partnership n'f"lected in this Al!reement and each of the panies '
hgLc;L~1..:.
8. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
9. Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement... __. u. ...___.u u... u.m _.. u. u. u__.. ._.. u.. u. ___... .u. u.._.. m.. ..._ __m. U',
10. Each of the parties acknowledge and agree that in the event a party hereto.", '-
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or proceeding
instituted in any court of competent jurisdiction without the necessity of proving damages
without prejudice or any other remedies it may have at law or in equity. Except as provided
herein, this Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns, and no other person shall have
any rights, interest or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third-party beneficiary or otherwise.
. -' - t ~~~: .I~~e~.t:.f.i~!i~=:~=.__
. _ - - .; Deleted: and the City or DBCL Tor
i Chamber and each party shall not be
! required to take any action that it deems
. in its sole discretion not to be in their
i individual and collective respective best
, ~~.~~.e.~=~-=====-=.=_=~
1 Deleted: <#>1Oe Developer hereby !
! agrees to indemnifY and hold harmless !
i the - remaining parties hereto, and their i
i respective owners, of!i=s, employees, i
! agents and attorneys (collectively, the
i "Indemnified Parties") against any and all i
! losses, claims, demands, liabilities and
i expenses (including reasonable legal or
i other expenses) incurred by the
, : Indemnified Parties in connection with ,
", i any matters arising hereunder and that are :
... i the obligation of the IndemnilYing Party .
:l hereunder.'
, (.~~~~~:~~II~~..a~~...~.~.~~~Il?.... ~)
'; Deleted: Upon approval of the CWHIP i
, application Developer and DBCLT will .
i enter into additional agreements setting
... [ forth with more specificity their
",,>,~~l,i~::ri.~~..~~..~~~ ~~~'......................."..__
[ Fonnatted: Indent: Left: 0", Space
[ Before: 10.8 pt, Numbered + Level:
: 1 + Numbering Style: 1, 2, 3, ... +
i Start at: 5 + Alignment: Left +
i Aligned at: 0.5" + Tab after: 1.05"
. + Indent at: 0.5"
)J!'.mm...This Agreement may be terminated by any party Lf.l.J.h_<;...Q~~EI. the CWHIP._
Application is unsllccesstlJI. Luuuhmmumuum_
... v _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ ~ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.... _ _ _ _ _ _ _ _ _ _ _. _ _. _ _ .. _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.. _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
.LLm_..mmThe services and covenants provided for herein are not exclusive and the '
City and other parties may enter into agreements with any other entity it deems would also
further its interests in affordable housing.
l~_._____This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
13.
Agreement.
interest.
This Agreement shall be effective once signed by the parties to this
This Agreement shall be binding upon the parties' assigns and successors in
THIS SPACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
Fonnatted: Bullets and
Deleted: upon (a) Developer's decision
not to construct workforce housing for
essential services personnel following
denial of
Deleted: application, or (b) material
breach of any ofDeveloper's obligations
hereunder that remains uncured thirty
(30) days following Developer's receipt
of written notice of such breach by any
other party. This Agreement shall
otherwise terminate upon the completion
of all the residential units contemplated
this
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year first above written.
MIDTOWN DELRAY,
LLC, a Florida limited liability company
By:
Garrett M. Bender, Manager
Midtown Delray, LLC, Sole Member
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
Attest:
City Clerk
Approved as Form:
City Attorney
DELRAY BEACH CHAMBER OF
COMMERCE
By:
Title:
DELRAY BEACH COMMUNITY LAND
TRUST, INC.
By:
Title:
. ....___ __ _____ _ _ ____.______________..________ __ _ _ __.. _..____ __ __ __ ____+:,:....rDel~: , ----------------,
", ~.,:::::::::::~::::::::":::,,"'::::,,,,:: .. --_.:::~::~
i Fonnatb!d: Tabs: 5.51",
I Left,leader: _ + Not at -1.25" +
i 2.79"
\. ... ......_.__._._.__.,_..._.~......._._...._.... . ...0......_......__._._...._
Page 1 of 1
Nubin, Chevelle
From: Shutt, Brian
Sent: Tuesday, December 12, 20061 :35 PM
To: Nubin, Chevelle; Smith, Douglas
Cc: Butler, Lula; 'Tom Hinners'
Subject: revised agt with auburn trace
Attachments: Auburn Trace CWHIP contract 12-06.doc
Chevelle, please place this revised agreement out for the Commission, I modified paragraph 3(a) to reflect that
the City will provide assistance in identifying providers who offer credit counseling services, rather than the City
providing the credit counseling services. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561)278-4755
shutt@ci.defrav-beach.fI.us
12/12/2006
RaJiseJ ~,({iJjt!h- 'hr Htrvt q;/
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of December, 2006 by and among AUBURN
TRACE, L TD, a Florida limited partnership ("Developer"), and CITY OF DELRA Y
BEACH ("City"),.
WITNESETH:
WHEREAS, Developer has site control of 30+ acres in Delray Beach, Florida
and desires to develop on 11 acres a residential community consisting of approximately
264 rental homes, which will be a Housing Credit community qualifying as workforce
housing, to be owned by Village at Delray, Ltd., and desires to develop on the remaining
19+ acres a workforce housing ownership community for essential personnel of the City
of Delray Beach, consisting of approximately 340 homes and a 7,500 square foot child
care center, and associated amenities ("Project"); and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bill. 1363, effective July 1, 2006
("CWHIP"), to provide attainable housing by using regulatory incentives and state and
local funds to promote local public-private partnerships which maximize government and
private resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership
(the "Project Partnership") for the purpose of helping to address the high cost of living
and housing in the City of Delray Beach, and the undue burden on homeownership and
rental opportunities for essential service personnel, as defined by the City,
WHEREAS, the Project will be developed through an Innovative Public Private
Partnership that brings to bear contributions from the private and public sector to create a
smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray
Beach employees and the essential workforce personnel employed by the public and
private sector in Delray Beach; and
WHEREAS, the Public Private Partnership includes the City of Delray Beach,.
and Auburn Trace, Ltd. This Agreement outlines the principal objectives and role of each
partner in the public private partnership that constitutes the Applicant for the CWHIP
application.
RQ)/~ i;t!mA~-0IU k !~ q#
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally
bound, hereby agree as follows:
1, Developer, subject to the terms and conditions herein, and compliance
by each of the parties hereto with their obligations hereunder, hereby agrees to the
following in connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent (25%)
of the total number of residential units approved to "essential services personnel
workforce housing", as will be defined by the City in a manner that is generally
consistent with its corresponding LHAP definition. The workforce housing commitment
to provide such housing shall be offered at a price up to 140% of the AMI as defined in
the CWHIP legislation,
(b) Developer agrees to apply for a grant under the terms of the
CWHIP to enable the development of a mixed-income workforce housing community.
2, The City of Delray Beach, the public partner, hereby agrees to
comply with the following in connection with the Project Partnership:
(a) In recognition ofthe important public purpose served by the
creation of a substantial number of housing opportunities for Delray Beach's essential
workforce, the City of Delray Beach will be charged with overseeing the expediting of
the Site Specific Comp Plan Amendment. The City will handle development reviews
concurrently, rather than sequentially, and that the entire review and approval process
including public hearings, shall be completed as stated below. Required approvals shall
include the following, as applicable: comprehensive plan amendment; any rezoning; and
plat approval.
(b) The City shall expedite the review of the development
applications for the Comp Plan amendment, rezoning, site plans in the development, and
other approvals and permits that are required by the City and its agencies in connection
with the development of the Project;
(c) The City will perform an expedited review of all plans and
permits in conjunction with the Comp Plan amendment, rezoning, and master site plan
approval and shall complete that review no more than thirty (30) days from the date of
submittal of information by Developer;
(d) The overall review process, including all required public
hearings, shall be held and completed within ninety (90) days of the date of initial
submittal of a complete application by Developer (plus any additional days of delay
caused by the state or any other third party), provided however, if Developer fails to
provide appropriate plans that are in compliance with the City's Land Development
Regulations and the plans are rejected, the time from the date of rejection to resubmittal
of plans that are in compliance shall not be counted toward the overall review process
deadlines, Review and approval shall include, but not be limited to any comprehensive
plan application, which should be submitted in February, 2007, and issuance of any
Development Order, any change to the Land Development Regulations of the City of
Delray Beach, Florida, including, but not limited to, expansion of an overlay district and
approval and adoption of the Resolution and master site plan approval or any rezoning
by the City Commission. Nothing contained herein constitutes nor is it intended to
constitute an agreement to approve any of the foregoing.
(e) The City shall expedite the review of all development
applications, plats and permits, and approval of formal site plans in the development, and
other approvals and permits that are required by the City and its agencies in connection
with the development of the Project, as stated above.
3. The City hereby further agrees as follows:
(a) The City shall pro'liEle assist in identifying providers who offer a
full range of credit counseling, and application review and counseling services to help
clients achieve homeownership;
(b) The City shall facilitate the deed restrictions that ensure income
eligibility both initially and upon re-sales;
(c) The City shall provide outreach programs for local employers to
educate employees about the housing opportunities in the Project.;
(d) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination
of appropriate materials for distribution to current and prospective City employees;
(e) The City shall cooperate with the Developer for the implementation of
an Employee Assistance Home Ownership Program designed to facilitate home
ownership for City employees, and as permitted under Florida Statutes.
4, Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP, Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that
any approvals will be made as a result of entry into this Agreement and each party shall
not be required to take any action that it deems in its sole discretion not to be in their
individual and collective respective best interests.
6, The Developer hereby agrees to indemnify and hold harmless the City and
its officers, employees, agents and attorneys (collectively, the "Indemnified Parties")
against any and all losses, claims, demands, liabilities and expenses (including reasonable
legal or other expenses) incurred by the Indemnified Parties in connection with any
matters arising hereunder and that are the obligation ofthe Indemnifying Party hereunder.
7. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses,
8, Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement.
9. Each of the parties acknowledge and agree that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or
proceeding instituted in any court of competent jurisdiction without the necessity of
proving damages without prejudice or any other remedies it may have at law or in equity.
Except as provided herein, this Agreement is made solely and specifically among and for
the benefit of the parties hereto and their respective successors and assigns, and no other
person shall have any rights, interest or claims hereunder or be entitled to any benefits
under or on account of this Agreement as a third-party beneficiary or otherwise.
10, This Agreement may be terminated by any party upon (a) denial of the
CWHIP application, or (b) material breach of any of Developer's obligations hereunder
that remains uncured thirty (30) days following Developer's receipt of written notice of
such breach by the City, This Agreement shall otherwise terminate upon the completion
of all the residential units contemplated by this Agreement.
11. The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would
also further its interests in affordable housing.
12, This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
13, This Agreement shall be effective once signed by the parties to this
Agreement. This Agreement shall be binding upon the parties' assigns and successors in
interest.
THIS SPACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year fIrst above written,
AUBURN TRACE, LTD.
a Florida Umited partnership
By:
Thomas G, Hinners, President
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
Attest:
City Clerk
Approved as Form:
City Attorney
MEMORANDUM
TO:
MAYOR AND CIlY COMMISSIONERS
FROM:
CIlY MANAGER
SUBJECT:
AGENDA ITEM # .. - RE ULAR MEETING OF DE EMBER 12 20
BID AWARDS/MULTIPLE VENDORS
DATE:
DECEMBER 8, 2006
This is before Commission to consider approval of multiple bid awards in an estimated annual cost of
$102,000.00 for the purchase and delivery of various medical and drug supplies for the Fire
Department via Bid #2006-43. Some of the recommended bid awards are not to the lowest bidder.
The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids
were received on October 18, 2006, from eleven (11) vendors, all in accordance with the City
purchasing policies. A tabulation of bids is attached for your review.
Funding is available from 001-2315-526-52.20 (General Fund/General Operating Supplies) FY 2007.
Recommend approval of multiple bid awards in an estimated annual cost of $102,000.00 for the
purchase and delivery of various medical and drug supplies for the Fire Department.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Bid Award Multiple Vendors Lowest Responsive Bidders 121206.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
~
THROUGH: Joseph Safford, Finance Director
DATE: December 08, 2006
SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING
DECEMBER 12,2006 - BID A WARD - BID #2006-43
MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to make multiple awards to low responsive bidders, as stated
below for medical/drug supplies for the Fire Department at an estimated annual cost of $102,000
for the City of Delray Beach.
Background:
The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach.
Bids were received on October 18, 2006, from eleven (11) vendors, all in accordance with City
purchasing policies. (Bid #2006-43. Documentation on file in the Purchasing Office). A
tabulation of bids is attached for your review.
NOTE: The group totals listed on the tab sheets reflect the total of each group for the UNIT
PRICE of each item in that group.
The bids have been reviewed by Chief Koen, City of Delray Beach Fire Department per attached
memo dated November 30, 2006. Carol Doppler, Procurement Department, City of Boynton is
recommending award per attached e-mail dated December 08, 2006.
Recommended awarded vendors per group are as follows:
Recommended Awarded Vendors:
Alliance Medical
Bound Tree Medical LLC
Sun Belt Medical/ Emergi-Source
Southeastern Emergency Equipment
Matrix Medical Inc.
Group Number:
1 and 6
2
3
4
5&7
Recommendation:
Staff recommends award to various vendors as outlined above and highlighted on attached
Tabulation of Bids for a total estimated annual cost of $102,000. Funding from City of Delray
Beach Fire Department operating budget account code 001-2315-526-52.20 for FY 2007.
Attachments:
Tabulation of Bids
Memo From Fire Chief
E-mail From City of Boynton Beach
Cc: Ed Crelin, Paramedic Lieutenant, Delray Beach Fire Department.
Carol Doppler, City of Boynton Beach Procurement Services
Bob Taylor, Ocean Rescue Superintendent
[ITY
F DElR Y
~
f'
';,i'Ji
'lil:,
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
f LOR I D ^
......
AII.America City
, III I!
. f W,Hl MJD Bb\CH
1993
2001 MEMORANDUM
TO: Jacklyn Rooney, Purchasing Manager
FROM: Kerry B. Koen, Fire Chief
DATE: November 30,2006
SUBJECT: MedicallMedication Supply Bid #2006-43
I have reviewed the proposals you provided for the MedicallMedication Supply
Bid #2006-43. I recommend the bids to be awarded as follows:
Group 1 - Alliance Medical- Completeness of bid proposal, low bidder.
Group 2 - Boundtree Medical- Low bidder.
Group 3 - Sun Belt Medical - Only vendor to provide complete bid proposal
and long time supplier of our medications.
Group 4 - Southeastern Emergency Medical - Completeness of bid proposal
and low bidder.
Group 5 - Matrix Medical, Inc. - 3rd lowest bidder. Matrix Medical is a long
time supplier of medical supplies to this Department and the firm has
an excellent record of on time delivery and compliance with
specifications. The difference between the low bidder, Progressive
Medical International and Matrix Medical is only $120.77 out of a
total bid of $2,127.90. The second lowest bidder, Ever Ready First
Aid, has been a poor supplier in the past and is not recommended.
Their bid is only $7.13 more than the Matrix Medical bid.
We have no experience with the low bidder and their bid is only
5.67% less than the Matrix Medical bid. Due to the minor
FIRE-RESCI)F: [IFP,1Hn\~[fJ r HE /\[;01 JAf'll
Ji,' . DE! PI\( HEAI"I Ii OF'lIDA 33444
differences involved and the reliability of Matrix Medical as a
supplier, we recommend the 3rd lowest bidder for this Group of
supplies.
Group 6 - Alliance Medical - 3rd lowest bidder. The low bidder, Ever Ready
First Aid, has been a poor supplier in the past and is not
recommended. Their bid is only $102.65 less than the Alliance bid.
The second lowest bid is only $10.26 less than the Alliance Medical
bid. We have no experience with this vendor. Given the small
amount of difference, we do not recommend an award to Ventron
Health Care. We have no experience with this vendor and given the
total amount involved and the past reliability of Alliance, we
recommend the 3rd lowest bidder for this Group of supplies.
Group 7 - Matrix Medical- low bidder.
'( er . ~1~ .(
Kerry B. Koen
Fire Chief
~
Attachment: 1
Cc: Lt. Crelin
Acting Asst. Chief Ackerman
Rooney, Jackie
From:
Sent:
To:
Cc:
Subject:
Dauta, Mike (DautaM@cLboynton-beach.fl.us]
Friday, December 08, 2006 6:24 AM
Rooney, Jackie
Landress, Michael; Doppler, Carol
RE: Emailing: Med-Drug Bid Award.pdf
Hi Jackie,
This bid looks good to me. Please consider this as my acceptance.
Thanks.
-----Original Message-----
From: Doppler, Carol
Sent: Thursday, December 07, 2006 12:45 PM
To: Dauta, Mike; Landress, Michael
Subject: FW: Emailing: Med-Drug Bid Award.pdf
Please review
Rooney, City
copy me.
Thank you,
Carol
and any questions or problems or acceptance should be directed to Jackie
of Delray Beach at 243-7163, although if no questions please e-mail her and
----Original Message-----
From: Rooney, Jackie [mailto:rooney@ci.delray-beach.fl.us]
Sent: Wednesday, December 06, 2006 5:06 PM
To: Doppler, Carol; Allen, Janet
Subject: Emailing: Med-Drug Bid Award.pdf
Attached is the bid tab for Med/Drug supplies. Let me know if you agree.
I want to put on the Commission Agenda for December 12, 2006.
The message is ready to be sent with the following file or link
attachments:
Med-Drug Bid Award.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or
receiving certain types of file attachments. Check your e-mail security settings to
determine how attachments are handled.
<<Med-Drug Bid Award.pdf>>
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[IT' DF DELIA' IEA[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~
All-America City
, III J! DATE:
2()() NW 1st AVE[\TE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: :'ih!/24:Q()()()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 8, 2006
1993
2001 TO:
FROM:
City Commission
David Harden, City Manager
D ~
,.......... ~
Brian Shutt, Assistant City Attorney
SUBJECT: Aareement with the USTA for Fed CuP
The attached Agreement provides for a Fed Cup Tie match to take place on April
21-22, 2007 at the Tennis Center. The major points of the Agreement are as
follows:
- The City shall pay $75,000.00 on or before January 15, 2007 and another
$75,000.00 on or before April 15, 2007.
- The City shall be required to resurface the stadium tennis court if requested to
do so by the UST A.
- This Agreement is contingent upon the UST A entering into an Agreement with
the Marriott, regarding hotel rooms, prior to or simultaneous with the
execution of this Agreement.
- The City will receive no rental fee, however, the City may sell 5 local
sponsorships. The UST A will be entitled to 25% of the proceeds of the sales
of the sponsorships for the 1 st $200,000.00, thereafter the City retains 100%
of the proceeds.
- The City must provide 150 VI P parking spaces.
- The terms of this Agreement shall not conflict with the existing agreements
the City has between Ticketmaster and Coke.
- The current indemnification language is the same as it was for the April 2005
Fed Cup, which provides a limit as set forth by State law, however, based on
a Florida Supreme Court decision that came down after the 2005 event, there
are no indemnification limits in place if a municipality agrees to indemnify
another party in a contract. We have discussed this matter with the USTA but
the language could not be changed.
Our office requests that this item be placed on the December 12, 2006 City
Commission agenda. Please call if you have any questions.
'1~
HOST FACILITY AGREEMENT
THIS HOST FACILITY AGREEMENT ("Agreement") is made and entered into effective
as of ,2006, by and between the UNITED STATES TENNIS
ASSOCIATION INCORPORATED, 70 West Red Oak Lane, White Plains, New York
10604-3602, a New York not-for-profit corporation, ("USTA") and the CITY OF DELRAY
BEACH, 100 N.W. 151 Avenue, Delray Beach, Florida 33444 ("City").
WITNESSETH:
WHEREAS, the Fed Cup Competition ("Fed Cup") is owned and supervised by the
International Tennis Federation ("ITF") and is staged and conducted pursuant to the Fed
Cup Rules and Regulations ("Fed Cup Rules") promulgated by the ITF;
WHEREAS, BNP Paribas shall serve as the Title Sponsor of the 2007 Fed Cup and all
references to the 2007 Fed Cup shall be termed "Fed Cup by BNP Paribas;"
WHEREAS, the USTA administers and sponsors the United States Fed Cup Team ("US
Team") which is scheduled to play the Belgium Fed Cup Team ("Belgium Team") in an
upcoming first round Fed Cup Tie on April 21-22, 2007 in the United States ("Fed Cup
Tie") with a rain dates scheduled for April 23-24, or as otherwise mutually upon by the
parties; and
WHEREAS, the USTA has been authorized by the ITF to promote and stage the Fed
Cup Tie in the United States; and
WHEREAS, the USTA has been authorized by the ITF to select and sanction the host
facility for the Fed Cup Tie; and
WHEREAS, the City has applied to the USTA to ~ost the Fed Cup Tie at the Delray
Beach Tennis Center ("Host Facility"); and
WHEREAS, the parties have agreed that the Delray Beach Tennis Center shall be the
official Host Facility for the Fed Cup Tie.
NOW THEREFORE, in consideration of their mutual promises, the, UST A and the City
agree as follows:
1. SANCTION. The UST A hereby selects the Host Facility as the host site for the
Fed Cup Tie and awards the sanction to host the Fed Cup Tie to the City, and the City
accepts such sanction and agrees to host the Fed Cup Tie and assist the USTA in the
promotion and staging thereof in accordance with the provisions of this Agreement. It is
understood and agreed that the USTA shall have control over all aspects of the Fed Cup
Tie in accordance with the Fed Cup Rules. At all times during the term of this
Agreement the promotional and management rights for the Fed Cup Tie shall remain
with the USTA. Notwithstanding anything to the contrary contained in this Agreement,
nothing herein contained shall be construed as requiring USTA approval over any of the
business and/or personnel operations of the City or any actions necessary to be
undertaken by the City to comply with any applicable laws, regulations, fire codes or any
other legal requirements applicable to the operation of the Host Facility.
1
2. ITF. The UST A and City agree the Fed Cup Tie shall be promoted and staged in
full compliance with the Fed Cup Rules. In this connection, the ITF has the right to
review and approve all signage and all local sponsorships to be sold by the UST A and/or
the City for the Fed Cup Tie as provided in this Agreement.
3. PLAYERS. The players on the US Team will be selected and provided by the
USTA for the Fed Cup Tie. The players on the Belgium Team will be selected and
provided by the Belgium Tennis Federation for the Fed Cup Tie. The parties understand
and agree that neither the USTA nor the ITF guarantees any specific United States or
Belgium players for the Fed Cup Tie.
4. EXCLUSIVITY. It is understood and agreed that no commercial use may be
made of the players, coaches or teams competing in the Fed Cup Tie, the ITF, or any
logo or identification thereof, without the prior written consent of the USTA.
5. COMPETITION, The Fed Cup Tie will consist of the following United States vs.
Belgium tennis matches:
Saturday, April 21,2007
Sunday, April 22, 2007
Two (2) Women's Singles Matches
Two (2) Women's Singles Matches and
One (1) Women's Doubles Match
The competition will be 'staged in accordance with the Fed Cup Rules.
6. USTA ROLE AND OBLIGATIONS, The USTA will act as the promoter and
organizer of the Fed Cup Tie. This includes ultimate and full responsibility to the ITF, the
owner/operator of Fed Cup.
(a) Times. The USTA will set the starting times for the matches.
(b) Tennis Court. The City agrees to provide the stadium and stadium court
for the staging of the matches of the Fed Cup Tie. In addition, the City agrees to provide
two (2) separated practice courts for the US Team and the Belgium Team. The USTA
shall be responsible, at is sole expense, for all necessary tennis match equipment for the
Fed Cup Tie for such stadium tennis court, including, without limitation, the umpire's
chair and the linesperson's boxes, etc. If the USTA determines that the stadium tennis
court needs resurfacing for the Fed Cup Tie, then the City agrees to provide professional
resurfacing as approved by the UST A at the City's sole expense.
(c) Tennis Balls. The USTA will select and provide the tennis balls to be
used.
(d) Officials, etc. The USTA will select, supervise and compensate the
referee, chair umpires, Iinespersons and ballpersons.
(e) Event Staff. The USTA agrees to provide all ticketing personnel, ticket
takers, ushers, stadium security personnel and medical staff for the Fed Cup Tie.
(f) Proaram. The USTA will obtain an Official Program ("Program") for the
Fed Cup Tie. Local advertising may be sold by the USTA pursuant to an agreement with
2
the ITF and in accordance with the Fed Cup Rules.
(g) Final Authoritv. The USTA will have the final authority over all matters
applicable to the staging of the Fed Cup Tie.
(h) Selection of US Team. etc. The USTA will select the US Team captain,
players, practice players, coaches and the UST A support staff.
(i) Compensation of US Team. etc. The USTA will determine and be
responsible for all professional fees and travel expenses paid to the US Team captain,
players, practice players, coaches and the UST A support staff.
0) . Television. Radio. Internet. etc. The USTA will be responsible for
negotiating and obtaining all television, radio, Internet and any other media coverage, if
any, of the Fed Cup Tie.
(k) Media Relations and Public Relations. The USTA will be responsible for
handling all media relations and public relations activities related to the Fed Cup Tie:
(I) Lona Distance. The UST A will be responsible for the installation of all
long distance telephone lines needed for the Fed Cup Tie for the offices and media
spaces furnished by the City. The USTA shall be entitled to order the same through the
City's account and the USTA agrees to reimburse the City for all costs and expenses
incurred.
(m) Meals. The USTA will be responsible for the cost of providing all meal
service for the players and for all officials, USTA media staff and USTA support staff
working on the Fed Cup Tie.
>-
(n) Sianaae.
(i) Responsibilitv of the USTA. The USTA shall be solely responsible
for all temporary signage placed in the Host Facility for the Fed Cup Tie in
accordance with the Fed Cup Rules. All such signage shall be installed and
removed by the UST A at the UST A's expense.
(ii) Standards and Plan. All such signage shall be professionally
made and shall comply with the standards of similar sporting events and shall
comply with all applicable laws and regulations. The USTA agrees to provide the
City with a plan for the type and display of all temporary signage, including the
agreed upon signage for any local sponsors obtained by the City for the Fed Cup
Tie on or before April 15, 2007.
(iii) No Sians. It is understood and agreed that there shall be no other
sponsorship signs in the Host Facility other than those approved by the USTA
and/or the ITF. In this connection, the USTA agrees to be responsible for the
covering of existing signs.
(0) Announcer. The USTA agrees to provide and pay for the public address
announcer for the Fed Cup Tie.
3
7, FEE, In consideration of its selection and sanction as the Host Facility, and the
full performance of the USTA's obligations hereunder, the City, in addition to the in-kind
goods and services to be provided to the USTA hereunder, agrees to pay the USTA a
fee of One Hundred Fifty Thousand Dollars ($150,000), payable as following:
$75,000 on or before January 15, 2007; and
$75,000 on or before April 15, 2007.
8, TELEVISION AND RADIO. The USTA represents and warrants that it or the ITF
will seek to arrange for the telecast of the Fed Cup Tie. However, if television coverage
cannot be arranged, it shall not be a breach of this Agreement. It is understood and
agreed that the USTA and/or the ITF will be entitled to all revenues and ownership rights
derived from any television and/or radio broadcasts of the Fed Cup Tie and/or any other
exhibition of the same on the Internet and/or any other media outlet.
9, CITY BENEFITS. The USTA agrees to provide the City the following benefits as
the Host Facility for the Fed Cup Tie:
(a) Promotion as Host Facilitv. The City shall be entitled to promote its
association as Host Facility for the Fed Cup Tie in all media.
(b) Proaram. One (1) full-page color advertisement in the Program for the
Fed Cup Tie with camera ready copy to be furnished by the City in advance of the
printing deadline specified by the USTA.
(c) Print Advertisina. The City's name will be incorporated into all Fed Cup
Tie print advertising and printed promotional materials generated by the UST A to
promote the Fed Cup Tie. This does not include the USTA website or any Internet
advertising or promotion.
(d) Telecast Amenities. Subject to compliance by the City with the
requirements, standards and practices of the Tennis Channel, the ITF telecaster for the
Fed Cup Tie, the USTA agrees to arrange for the Tennis Channel, to provide up to five
(5) thirty second (:30) advertising spots on each telecast of the Fed Cup Tie for use by
the City or by any local sponsor found by the City as authorized in this Agreement.
10, CITY RESPONSIBILITIES" The City agrees to use its good faith best efforts to
assure that the Fed Cup Tie is promoted and staged in a first-class manner consistent
with the international prestige of the Fed Cup. In connection therewith, the City agrees
to provide the following to the UST A:
(a) Host Facilitv. City agrees to provide the Host Facility for the promotion
and staging of the <Fed Cup Tie. The Host Facility shall include the Delray Beach Tennis
Center, Community Center, Tennis Pro Shop, Ticket Office and Restrooms. The City
agrees to provide the USTA with the use of the Host Facility as mutually agreed during
the period commencing on April 14, 2007, at 12:01 AM until Tuesday, April 24, 2007, at
5:00 PM for the Fed Cup Tie in accordance with an agreed upon schedule. The parties
will mutually agree upon the actual daily schedule of use of the Host Facility during such
period. On or before March 31,2007, the USTA will provide the City with a proposed
4
schedule for the use of the Host Facility, which will include the proposed times for: set-
up and move-in, practice schedules for the players, times for each daily session and
break-down and move-out. The City agrees to provide use of entire existing stadium,
with the actual number of seats to be determined by the USTA, in the Host Facility for
the Fed Cup Tie. At the UST A's request, the City agrees to furnish and install all seat
covers already owned by the City and required by the USTA for the purpose of covering
any unsold seats within the stadium. Further, the City agrees to powerwash the stadium
prior to the Tie, but following any prior events held at the Host Facility.
(i) Retail Area. The City agrees that its on-site merchandise
operations at the Host Facility will be closed during the times specified by the
USTA on the days of the Fed Cup Tie matches.
(ii) City Tennis Court Ooeration. The City shall be entitled to operate
its tennis court operation at the Host Facility during the USTA's use period,
except for the days of the matches in the Fed Cup Tie, provided that the City
partitions its tennis court operation area from the actual areas being used by the
USTA in a manner reasonably approved by the USTA.
(b) Hotel. Prior to or simultaneously with the execution of this Agreement,
the UST A has or is entering into a direct contract with the Delray Beach Marriott Hotel
(or its management entity) with respect to hotel rooms for the Fed Cup Tie upon terms
satisfactory to the UST A. This Agreement is conditioned on the execution of that
contract.
(c) Staffina. The City agrees to provide all tennis court maintenance
personnel, parking personnel, police personnel, fire personnel and equipment, and such
other members of the current staff of the Host Facility as may be mutually agreed. In
addition, the City shall provide an electrician, plumber, painter and a carpenter for one
(1) week to work on mutually agreeable jobs with respect to the facilities for the Fed Cup
Tie upon a mutually agreed schedule.
(d) Utilities. The City agrees to furnish all light, electricity, heat, ventilation,
air conditioning and other utilities deemed reasonably necessary at the Host Facility for
the Fed Cup Tie at its sole expense. The lighting provided on the stadium court shall
equal or exceed the reasonable television production requirements of the telecaster and
shall be at least one hundred and twenty (120) foot candles, average, derived from
readings across the actual playing surface and the surrounding surface area of the
stadium court. Such utilities shall include, without limitation, all electricity for the telecast
of the Fed Cup Tie, if any.
(e) Forklift. The City agrees to provide the USTA with the use of a forklift for
the installation and removal of equipment for the Fed Cup Tie for a mutually agreeable
period.
(f) Blowers. The City agrees to provide a sufficient number of high
volume/high capacity blowers to assist in the drying of the tennis courts in the event of a
weather-related delay.
(g) Permits. The City shall be responsible for obtaining all required municipal
5
licenses and permits for the staging of the Fed Cup Tie at the City's expense.
(h) USTA Section. The City agrees to cooperate and work in conjunction
with the USTA Sectional Association, USTA Florida, in organizing a volunteer group to
assist in the staging of the Fed Cup Tie.
(i) Barter. The City agrees to assist the UST A in its efforts to barter print,
television and radio advertising units from the local/regional newspapers, television
stations and radio stations for the promotion of the Fed Cup Tie.
(j) Press Conference. The City agrees to assist the UST A in its efforts to
secure an acceptable venue, at no cost to the USTA, for the purpose of hosting a press
conference to announce the Fed Cup Tie.
(k) Draw. The City agrees to assist the USTA in its efforts to secure an
acceptable venue, at no cost to the UST A, for the purpose of hosting the Draw
Ceremony for the Fed Cup Tie.
(I) . Official Dinner. The City agrees to assist the UST A in its efforts to secure
a suitable venue (comparable to the Delray Beach Golf Club) for the official dinner for
the Fed Cup Tie at no cost to the USTA for room/venue rental. The USTA shall also
ha'(e the right to select another location for the official dinner at its discretion. In any
event, the UST A shall be responsible to pay for all food and beverage costs incurred
with respect to such official dinner.
(m) City Database(s). The City agrees to provide the USTA with access to its
existing mail and e-mail database(s) for use by the USTA in promoting and selling tickets
for the Fed Cup Tie, subject to the restrictions placed on such data bases and subject to
the requirements of Florida Law.
11. RENT. There shall be no rent charged to the USTA for the USTA's use of the
Host Facility.
12. PARKING, The City shall be responsible for all costs and expenses relating to
parking for the Fed Cup Tie and shall be entitled to all income received therefrom. The
City shall provide the USTA with a minimum of one hundred and fifty (150)
complimentary VIP parking spaces within the City garage across the street from the
Delray Tennis Center in the closest proximity to the Host Facility as possible on
Saturday and Sunday, April 21-22, 2007. Additionally, during period of April 13 - 24, the
City shall supply a mutually agreed upon number of parking spaces in front and behind
the DRB Community Center for use by the USTA.
13, SPONSORSHIPS. The City shall be entitled to sell up to five (5) local
sponsorships for the Fed Cup Tie as provided in the 2007 Fed Cup Rules and which
may not conflict with protected sponsorship categories, international or team sponsors.
The City shall be responsible for all costs and expenses relating to such local
sponsorships. The USTA agrees to assist the City in such sponsorship sales by
attending sales meeting and providing background information on the Fed Cup Tie as
may be reasonably required. The City shall be entitled to all income received from such
sponsorships, except the City agrees to pay to the USTA, within ten (10) days after
6
receipt by the City, twenty-five percent (25%) of all net sponsorship income received on
the first Two Hundred Thousand Dollars of sponsorship income, up to a total of Fifty
Thousand Dollars ($50,000), from all sponsorship, except sponsorships furnished by or
through Palm Beach County; thereafter the City shall be entitled to retain all net
sponsorship income received (after the first $200,000). All terms and conditions of such
sponsorships shall be subject to the prior approval of the USTA. "Net sponsorship
income" shall be defined as gross sponsorship income less any reasonable third party
sales commissions required at the market rate for the Delray Beach area or 25%,
whichever is less.
In accordance with the Fed Cup Rules, the City shall be entitled to offer to local
sponsors, the sponsorship benefits set forth on the Sponsorship Benefits Grid, attached
hereto as Exhibit A and incorporated herein by reference, which includes the following:
(a) Advertisina and Promotion. Each local sponsor will have the right to
promote and advertise its association with the Fed Cup Tie, i.e. "Fed Cup by BNP
Paribas, United States vs. Belgium, in association with [Local Sponsor]". All such
advertising and promotion must have the prior written approval of the UST A.
(b) Name and Loao. Each local sponsor's name or logo can be included in
all local advertising placed by the USTA to promote the Fed Cup Tie.
(c) Banners. Local sponsors, as set forth on Exhibit A, will have the right to
display sponsor name or banners (3' x 9') within the confines of the court or stadium.
One (1) sponsor may be designated the local presenting sponsor and have a maximum
of four (4) on-court banner positions -- two (2) on the back walls and of two (2) on the
sides of the court. Only sponsor names are permitted on banners and no tag lines or
calls to action are permitted within banner positions.
(d) Displav Booth. Local sponsors, as set forth on ExhibitA, may erect a
display booth in the concourse or designated display area of the Host Facility.
(e) Proaram. Local sponsors, as set forth on Exhibit A, can receive a full
page, four color advertisement(s) in the Program. Each such local sponsor must supply
camera ready artwork in advance of the deadline.
(f) Tickets. Local sponsors will receive an agreed upon number of tickets to
the Fed Cup Tie in a prime location as set forth on Exhibit A. The City shall distribute the
tickets to local sponsors in accordance with Exhibit A of this Agreement unless otherwise
agreed upon in writing by the UST A.
(g) Hospitalitv. Local sponsors, as set forth on Exhibit A, will receive use of
an area for client entertainment/hospitality. The cost of food and beverage and other
expenses, e.g., decorations, etc., will be paid by such sponsor(s).
(h) Additional Benefits. Local sponsors will receive the additional benefits set
forth on Exhibit A.
14, TICKETS, The USTA shall be responsible for all costs and expenses relating to
the sale of tickets for the Fed Cup Tie and shall. be entitled to all income received
7
therefrom. The USTA agrees to comply with the existing agreement between the City
and TicketMaster with respect to the sale of tickets on-site at the Host Facility. The
USTA shall have the exclusive right to, and control over, all ticket locations in the Host
Facility (including but not limited to, all seats, "standing room only" locations, etc.).
Further, the City shall provide the USTA with an electronic manifest of all seating
requirements and designations for the Host Facility.
15. FED CUP MERCHANDISE. The USTA, exclusively, shall be entitled to sell
special Fed Cup Merchandise ("Fed Cup Merchandise") at the Host Facility prior to and
during the Fed Cup Tie. The USTA shall be responsible for all costs and expenses
relating to the sale of Fed Cup Merchandise and shall be entitled to all income received
therefrom.
16. FOOD AND BEVERAGE. The USTA shall be entitled to designate a third party
to handle all of the food and beverage sales for the Fed Cup Tie. The USTA shall be
responsible for costs and expenses related to the food and beverage sales for the Fed
Cup Tie and shall be entitled to all income received therefrom. It is understood and
agreed that there is an existing exclusive pouring rights agreement between the City and
Coca-Cola and nothing is this Agreement will conflict with the provisions of such pouring
rights agreement.
17. INSURANCE, The parties agree as follows with respect to the insurance for the
Fed Cup Tie:
(a) USTA Insurance. The USTA shall, within ten (10) days after the
execution of this Agreement, provide to the City evidence of insurance coverage naming
the City as an additional insured with respect to general liability and property damage
liability, issued by an insurance carrier authorized to do business in the State of Florida,
which insurance shall not be subject to cancellation or material modification without thirty
(30) days notice to City. Such insurance coverage shall include (i) worker's
compensation for all USTA employees, (H) employer's liability for all USTA employees,
(Hi) commercial general liability providing coverage against liability for bodily injuries,
including death, slander, libel and property damage in the minimum amount of
$5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased,
used, courtesy or hired vehicles in the amount of $1 ,000,000 per accident, and shall be
primary for all purposes without the right of contribution.
(b) City Insurance. The City shall, within ten (10) days after the execution of
this Agreement, provide to the USTA evi~ence of insurance coverage for the City and
the Host Facility as reasonably required by USTA, naming the USTA and the ITF as
additional insureds, with respect to general liability and property damage liability, issued
by insurance carriers authorized to do business in the State of Florida, which insurance
shall not be subject to cancellation or material modification without thirty (30) days notice
to the USTA. Such insurance coverage shall include (i) worker's compensation for all
Host Facility employees, (ii) employer's liability for all Host Facility employees, (iii)
commercial general liability providing coverage against liability for bodily injuries,
including death, slander, libel and property damage in the minimum amount of
$5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased,
used, courtesy or hired vehicles in the amount of $1 ,000,000 per accident, and shall be
primary for aU purposes without the right of contribution.
8
18, LIMITATION OF LIABILITY. Except as specifically provided in this Agreement,
in no event shall either party be liable to the other for any special, incidental,
consequential or punitive damages that may be suffered by the other with respect to the
subject matter of this Agreement. Such damages include, but are not limited to,
compensation, reimbursement or damages on account of present or prospective profits,
loss or damage to reputation or goodwill, expenditures, investments or commitments,
whether made in the establishment, development or maintenance of business reputation
or goodwill, or for any other reason whatsoever, including, but not limited to, the claims
of any third party. The parties acknowledge that any limitation of liability will in no way
affect either party's right to seek appropriate relief at law arising from or incident to any
death, personal injury or property damage which is in any way connected to the other's
negligence, willful misconduct or strict liability in tort with respect to the subject matter of
this Agreement.
19, INDEMNITIES. The parties agree as follows with respect to the indemnities for
the Fed Cup Tie:
(a) Indemnitv bv the USTA. The USTA agrees to indemnify the City, and its
affiliates, and their agents, directors, officers, servants and employees and representatives
or insurers against all liability (statutory or otherwise), claims, suits, demands, damages,
losses, judgments, costs, fines, penalties, interest and expenses, including without
limitation, reasonable attorneys' fees and disbursements, resulting from any negligent
acts, errors and omissions or willful conduct of the UST A or its principals, officers, agents,
contractors, servants and employees in connection with its performance of any obligation
of the UST A under this Agreement or any material breach by the UST A of any of the terms
of this Agreement.
(b) Indemnity by City. To the extent permitted by Florida law, the City agrees
to indemnify the USTA and the ITF and their respective agents, directors, officers,
servants and employees and representatives or insurers against all liability (statutory or
otherwise), claims, suits, demands, damages, losses, judgments, costs, fines, penalties,
interest and expenses, including without limitation, reasonable attorneys' fees and
disbursements, resulting from any negligent acts, errors and omissions or willful conduct of
the City or its principals, officers, agents, contractors, servants and employees in
connection with its performance of any obligation of the City under this Agreement or any
material breach by the City of any of the terms of this Agreement. Nothing herein
contained shall be deemed a waiver of the City's sovereign immunity.
(c) Notice by Indemnified Party. The indemnified party shall give notice
promptly in writing of any suit or claim to the other party and the indemnified party and its
agents, directors, officers, servants and employees shall cooperate fully with the
indemnifying party and its counsel. The indemnifying party shall, at its own cost and
expense, payor cause to be paid all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith. Provided however, that
the indemnified party retains the right, at its own expense, to deal with any action
hereunder by employing its own counsel. Neither the indemnified party nor the
indemnifying party shall settle any action without the consent of the other party, such
consent shall not be unreasonably withheld or delayed.
20, WARRANTIES. The parties agree as follows with respect to warranties:
9
(a) USTA Warranty. The USTA represents and warrants that it is a New York
not-for-profit corporation, duly organized, validly existing and in good standing under the
laws of the State of New York and shall remain so throughout the term of this Agreement,
and the execution and delivery by the USTA of this Agreement, and performance by the
USTA of the transactions contemplated hereby, are within the USTA's corporate powers,
have been duly authorized by all necessary corporate action, and except as specified
herein, do not require any consent or other action by or in respect of, or filing with, any
third party or governmental body or agency, and do not contravene, violate or conflict with,
or constitute a default under, any provision of applicable law or regulation or of the charter
or by-laws of the USTA or of any agreement, judgment, injunction, order, decree or other
instrument binding on the UST A.
(b) City Warranty. The City represents and warrants that it is a municipal
corporation, validly existing and in good standing under the laws of the State of Florida,
and the execution and delivery by the City of this Agreement, and performance by the City
of the transactions contemplated hereby, are within the City's powers, have been duly
authorized by all necessary action, and except as specified herein, do not require any
consent or other action by or in respect of, or filing with, any third party or governmental
body or agency, and do not contravene, violate or conflict with, or constitute a default
under, any provision of applicable law or regulation or of the charter or by-laws of the City
or of any agreement, judgment, injunction, order, decree or other instrument binding on
the City. .
21. DEFAULT AND TERMINATION. In the event that:
(a) Either party shall make an assignment for benefit of creditors, admit in
writing its inability to pay its debts as they come due, or commence a case for protection
from the claims of creditors under any chapter of the Federal Bankruptcy Code or any
state statute, or
(b) There shall be commenced against either party any proceeding under the
Federal Bankruptcy Code. or similar state statute and the same shall not be dismissed
within thirty (30) days after the same be instituted, or
(c) Either party shall fail, within ten (10) business days after notice from the
other party, to provide any insurance required to be provided under this Agreement, or
(d) Either party shall fail to make payment within ten (10) days after written
notice of the failure to make any payment due under this Agreement, or
(e) Either party otherwise fails or refuses to discharge any material obligation
required to be discharged by it, other than as set forth in clauses (a) through (d) of this
Section, within ten (10) days after notice from the non-defaulting party of such failure,
or, if the same be of such a nature that the same cannot be cured within such ten (10)
day period, the defaulting party shall not have commenced to cure the same within five
(5) days after notice and thereafter proceeded continuously and with diligence to cure
the same within a reasonable time under the circumstances, then the same shall
constitute a default hereunder.
10
In the event of the occurrence of any default, the non-defaulting party may at its election
and for so long as such default continues uncured, declare by written notice to the
defaulting party that an event of default exists hereunder and simultaneously terminate
this Agreement, without prejudice to the non-defaulting party's rights to damages or any
other remedy or relief, legal or equitable, provided under this Agreement or as a matter
of law, subject to the limitation on liability herein set forth.
22. ASSIGNMENT. Except as may otherwise be expressly provided herein, no
assignment, subcontracting, sublicensing or subconcession of any rights of either party to
this Agreement shall be effected without the prior written approval of the other party, which
may be granted or withheld for any or no reason.
23. FORCE MAJEURE. Neither party hereto shall be obligated to perform any of its
respective obligations hereunder to the extent such performance is prevented by Force
Majeure. However, if the Fed Cup Tie is postponed or delayed for reasons of Force
Majeure, and if the USTA able to reschedule the Fed Cup Tie within three (3) months of
the original dates, then all terms and conditions of the Agreement shall apply to the
same on such rescheduled date. For the purposes of this Agreement, "Force Majeure"
shall mean an Act of God, fire, storm, flood or other casualty event, action or threat of
terrorism, riot, invasion, fire, accident, strike, lock-out, or walk-out, or government
interference, regulation, appropriation or rationing or inability to secure goods and
materials or shipments or any other like event or condition similar to those enumerated
above, beyond the reasonable control of the party obligated to perform hereunder, it
being understood that lack of funds shall not constitute Force Majeure.
24. MISCELLANEOUS. The parties agree as follows with respect to miscellaneous
provisions:
(a) Applicable Law. This Agreement is governed by and enforceable in
accordance with the laws of the State of Florida without giving effect to the principles of
the conflicts of law for that State.
(b) Headinos or Captions. The headings or captions used in this Agreement
are for convenience of reference only, and are not deemed or construed in any way as
part of nor shall they in any way affect the context of this Agreement.
(c) Meaninos of Words. Whenever the context in which words are used herein
indicates that such is the intent, words in the singular number shall include the plural and
vice versa and words in the masculine gender shall include the feminine and neuter
genders and vice versa. Reference to the USTA or the City shall, whether so specified or
not, include all their respective agents, employees, contractors suppliers and
subcontractors as the case may be. All references to "herein", "hereunder" and words of
like import shall refer, unless the context clearly requires otherwise, to this Agreement, as
distinct from the paragraph or Section within which such term is located.
(d) Approval. Any provision of this Agreement providing for or requiring
consent or approval by the UST A or the City shall mean the written approval from a duly
authorized representative which shall be obtained prior to the taking (or refraining from
taking) of any action with respect to which such approval or consent is specified herein
to be required. The parties shall designate in writing from time to time the names of their
11
various representatives who are authorized to provide the various levels of approvals
required by this Agreement. Whenever either party is required to approve or reject a
proposal of the other party, such approval or rejection shall be delivered as promptly as
reasonable under the circumstances, except when a specific time is otherwise set forth
in this Agreement.
(e) Entire Aoreement. This Agreement contains all of the promises,
agreements, conditions, inducements and understandings between the UST A and the City
concerning the subject matter hereofand there are no promises, agreements, conditions,
understandings, inducements, warranties or representations, written, express or implied,
between them other than as expressly set forth herein and therein.
(f) Counterparts. This Agreement may be executed in counterparts, anyone
of which need not contain the signatures of more than one party, but all such counterparts
taken together shall constitute one and the same Agreement. Facsimile signatures shall
have the same effect as original signatures.
(g) Waiver, Modification, etc. No covenant, agreement, term or condition of
this Agreement shall be changed, modified, altered, or terminated except by a written
instrument of change, modification, alteration, waiver or termination executed by both the
USTA and the City. No waiver of any default shall affect this Agreement, but each and
every covenant, agreement, term and condition of this Agreement shall continue in full
force and effect with respect to any other then existing or subsequent default hereof. No
waiver of any default shall require or be the basis for any subsequent or future waiver of
any default.
(h) Partial Invalidity. If any provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the
remainder of this Agreement or the application of such provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby and each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
(i) Remedies Cumulative. Each right and remedy of the UST A and the City
provided for in this Agreement shall be cumulative and shall be in addition to every other
right or remedy provided for in this Agreement, or now or hereafter existing at law or in
equity or by statute or otherwise, and the exercise or beginning of the exercise by a party
of anyone or more of the rights or remedies provided for in this Agreement, or now or
hereafter existing at law or in equity or by statute or otherwise, shall not preclude the
simultaneous or later exercise by such party of any or all other rights or remedies provided
for in this Agreement or now or hereafter existing at law or in equity or statute or otherwise,
subject to the Limitation of Liability hereinabove set forth.
(j) Successors and Assions. The agreements, terms, covenants and
conditions herein shall be binding upon, and inure to the benefit of the USTA and
the City and their respective successors and assigns in the event an assignment is
agreed or permitted as herein above provided.
(k) Independent Contractors. The relationship of the USTA and the City
shall be that of independent contractors and neither shall be employee, agent or
12
representative of the other and neither party nor any of their agents or employees
shall have the power or authority, to state or imply, directly or indirectly, that they
are empowered or authorized to commit or bind, to incur any expenses on behalf of
the other or to enter into any oral or written agreement in the name of or on behalf
of'the other or their respective affiliates.
(I) Notices. Notices shall be effective only if in writing, given to or
served upon the party sought to be notified in the manner set forth in this Section,
to the individuals and at the addresses hereunder set forth unless changed in
writing:
For the USTA:
Managing Director, Tournament Operations
United States Tennis Association Incorporated
70 West Red Oak Lane
White Plains, New York 10604-3402
Facsimile: (914) 696-7019
With a copy to:
Chief Legal Officer
United States Tennis Association Incorporated
70 West Red Oak Lane
White Plains, New York 10604-3402
Facsimile: (914) 696-7089
For City:
David T. Harden
City Manager
City of DelrayBeach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Facsimile: (561) 243-7199
Notices shall be effective only if personally delivered or mailed, United States mail,
certified mail, return receipt requested; if personally delivered the notice shall be effective
on the day delivered; if mailed, the notice shall be effective on the second day after
mailing, or the day that delivery is refused. Delivery by an overnight express delivery
service shall be deemed to constitute personal delivery on the date delivered to the office
address set forth above for the recipient thereof. Notwithstanding the foregoing, any
notice which, pursuant to this Agreement, requires action or cessation of conduct in less
than three (3) days may be served by facsimile transmission, followed by delivery as
otherwise herein provided, and shall be effective when receipt of the facsimile is
confirmed.
(m) Confidentiality. The parties agree that the terms and provisions contained
in this Agreement are confidential and the financial terms and provisions hereof shall not
be disclosed to any third party except (i) to the extent necessary to comply with law or
valid order of a court of competent jurisdiction, in which event the party so complying shall
13
so notify the other party as promptly as practicable (and, if possible, prior to making any
disclosure) or (ii) as part of a party's normal reporting or review procedure to its Board of
Directors, members, auditors, attorneys, taxing authorities and the ITF, and such persons
or entities, as the case may be, agree to be bound by the provisions of this Section or
(iii) in order to enforce and/or implement a party's rights pursuant to this Agreement or
(iv) to the extent permitted or required by the Florida Public Records Law.
(n) Survivino Provisions. Any provision of this Agreement the performance of
which requires that it be in effect after the expiration of the Term or the earlier termination
of this Agreement, shall survive such expiration and/or termination and shall remain
operative and in full force and effect.
(0) Further Assurances. Each party agrees, from time to time, at the request
of the other party and without cost, charge or expense, to execute and deliver such other
documents and take such other actions as may be reasonably requested to more
effectively carry out the terms and provisions of this Agreement.
(p) Construction. Both parties have been represented by counsel in the
negotiation and drafting of this Agreement. This Agreement will not be construed
against either party due to authorship.
(q) Time of the Essence. Time is of the essence for performance of all
obligations under this Agreement by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers or representatives.
UNITED STATES TENNIS
ASSOCIATION INCORPORATED
BY:
DATE SIGNED:
Jim Curley
Managing Director, Tournament Operations
CITY OF DELRA Y BEACH
BY:
DATE SIGNED:
Jeff Perlman
Mayor
Attest:
City Clerk
Approved:
City Attorney
14
SCHEDULE A
[Attached to and being a part of the Host Facility Agreement dated
between the USTA and the City.]
_' 2007,
Being the Sponsorship Benefits Grid attached hereto and incorporated herein by
reference.
15
AGENDA ITEM NUMBER:
'1~
AGENDA REQUEST
Request to be placed on: December 12,2006
Date: December 08, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to multiple vendors for an annual contract for the purchase and delivery of
various medical and drug supplies for the City of Delray Beach Fire Department. Bid #2006-43.
This is a joint bid with the City of Boynton Beach. The City of Delray Beach is the lead entity for
this joint bid.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Award to multiple vendors for the purchase of medical and drug supplies for the Fire Department
at an estimated annual usage of $102,000.
Funding from account code 001-2315-526-52.20 for FY 2007.
Department Head Signature: cf1~, ~4~
Determination of Consistency with Comprehensiv Plan:
l'z-Jo/ll !7
City Attorney Review/Recommendation (if applicable):
City Manager Review:
Approved for agenda: e
Hold Until:
Budget Director Review (required on all items involving expenditure of funds):
Funding available: 8 ~ No
Funding alternatives:
Account Number: ~- Z-"D/5 -'5;)(, - S;). W
Account Description: . (-e- r7('U\trtJ 0 (1"rPh \ ~~5
1 q 44 31Lf I l/J--
OV\ ~Or~
(if applicable)
Account Balance:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. DECEMBER 12. 2006
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA:
K. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider a
request regarding the Housing Assistance and Development Agreement between
Auburn Trace, L TD and the City of Delray Beach for the development of workforce
housing relative to the Community Work Force Housing Innovation Program
(CWHIP).
********************************************************************************
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.
[ITY IF DELIRY BER[H
DELRAY BEACH
~
All-America City
, , III!
MIMOU-.
1993
2001
TO: City Commission
From: City Manager ~
Date: December 11, 2006
Re: Support of Auburn Group's CWHIP Application
On Friday, December 8, the Auburn Group withdrew their request for the City to enter
into an agreement relative to their application for a CWHIP Grant. Then, on Saturday
the attached e-mail was sent to the City Attorney, renewing their request for an
agreement. Today the Mayor has received a request for a letter of support, a copy of
which is also attached. It appears the proposed letter would accomplish many of the
same purposes as the proposed agreement with the City.
I am placing both the agreement and the letter on the agenda for consideration by the
Commission at tomorrow night's meeting. The City Attorney is out on sick leave
today, but hopefully tomorrow she can assist in advising the appropriate course of the
action for the City.
Idr
@ e:Hlted docyc;'t,;,;,j
T E EFFORT ALWAYS Mi\TTFRS
Page 1 of 1
Harden, David
From: Tom Hinners [tom@fahLnet]
Sent: Saturday, December 09, 2006 1 :32 PM
To: Ruby,Susan
Cc: Butler, Lula; Harden, David
Subject: Housing Agreement
Attachments: Auburn Trace CWHIP K.doc
Dear Susan,
When Cito sent you his e-mail late yesterday withdrawing our request for placing a Housing Assistance Agreement on the
agenda for Tuesday's meeting, he didn't consider the possibility that the Housing Authority might not execute the Master
Development Agreement we have been negotiating for many months now. I am not certain that the MDA will be signed
next week, and if it's not executed we could be without a partner in the public-private partnership that's required for the
CWHIP application due December 15th.
We need the $5,000,000 CWHIP funding in order to make the rental component of our proposed workforce housing
community economically viable, and if we have to wait till the next cycle the results could seriously impair the likelihood of
the entire Southwest Neighborhood Redevelopment we've undertaken. If there is a next cycle, it would delay the rental
component for another year. It would thereby substantially reduce the amount of Housing Credit funding for the rental
development because there is an additional 30% allocation of Housing Credits resulting from Hurricane Wilma that
wouldn't be available at that time.
Florida Housing Finance Corporation, and the key legislators who developed this CWHIP program, have told us that our
development is the perfect candidate for this $5,000,000 funding. They are anxious for our submittal, but we need a public
partner.
I have therefore drafted the attached Housing Assistance and Development Agreement, with the sole partners being the
City and Auburn Trace Ltd. When an agreement is executed with the Housing Authority they would become a party to this
undertaking. The document is a simpler version of the agreement worked out with Ascot.
I respectfully request that this item be added to the City Commission's agenda for Tuesday evening. I apologize for the
lateness of this request, but we never thought it would take this long to have an executed MDA. I believe that the
Southwest Neighborhood Redevelopment is important enough to the City to warrant adding this item.
Respectfully,
Tom Hinners
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12/11/2006
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of December, 2006 by and among AUBURN
TRACE, LTD, a Florida limited partnership ("Developer"), and CITY OF DELRA Y
BEACH ("City")..
WITNESETH:
WHEREAS, Developer has site control of 30+ acres in Delray Beach, Florida
and desires to develop on 11 acres a residential community consisting of approximately
264 rental homes, which will be a Housing Credit community qualifying as workforce
housing, to be owned by Village at Delray, Ltd., and desires to develop on the remaining
19+ acres a workforce housing ownership community for essential personnel of the City
of Delray Beach, consisting of approximately 340 homes and a 7,500 square foot child
care center, and associated amenities ("Project"); and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bill. 1363, effective July 1, 2006
("CWHIP"), to provide attainable housing by using regulatory incentives and state and
local funds to promote local public-private partnerships which maximize government and
private resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership
(the "Project Partnership") for the purpose of helping to address the high cost of living
and housing in the City of Delray Beach, and the undue burden on homeownership and
rental opportunities for essential service personnel, as defined by the City.
WHEREAS, the Project will be developed through an Innovative Public Private
Partnership that brings to bear contributions from the private and public sector to create a
smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray
Beach employees and the essential workforce personnel employed by the public and
private sector in Delray Beach; and
WHEREAS, the Public Private Partnership includes the City of Delray Beach,.
and Auburn Trace, Ltd. This Agreement outlines the principal objectives and role of each
partner in the public private partnership that constitutes the Applicant for the CWHIP
application.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally
bound, hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance
by each of the parties hereto with their obligations hereunder, hereby agrees to the
following in connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent (25%)
of the total number of residential units approved to "essential services personnel
workforce housing", as will be defined by the City in a manner that is generally
consistent with its corresponding LHAP definition. The workforce housing commitment
to provide such housing shall be offered at a price up to 140% of the AMI as defined in
the CWHIP legislation.
(b) Developer agrees to apply for a grant under the terms of the
CWHIP to enable the development of a mixed-income workforce housing community.
2. The City of Delray Beach, the public partner, hereby agrees to
comply with the following in connection with the Project Partnership:
(a) In recognition of the important public purpose served by the
creation of a substantial number of housing opportunities for Delray Beach's essential
workforce, the City of Delray Beach will be charged with overseeing the expediting of
the Site Specific Comp Plan Amendment. The City will handle development reviews
concurrently, rather than sequentially, and that the entire review and approval process
including public hearings, shall be completed as stated below. Required approvals shall
include the following, as applicable: comprehensive plan amendment; any rezoning; and
plat approval.
(b) The City shall expedite the review of the development
applications for the Comp Plan amendment, rezoning, site plans in the development, and
other approvals and permits that are required by the City and its agencies in connection
with the development of the Project;
(c) The City will perform an expedited review of all plans and
permits in conjunction with the Comp Plan amendment, rezoning, and master site plan
approval and shall complete that review no more than thirty (30) days from the date of
submittal of information by Developer;
(d) The overall review process, including all required public
hearings, shall be held and completed within ninety (90) days of the date of initial
submittal of a complete application by Developer (plus any additional days of delay
caused by the state or any other third party), provided however, if Developer fails to
provide appropriate plans that are in compliance with the City's Land Development
Regulations and the plans are rejected, the time from the date of rejection to resubmittal
of plans that are in compliance shall not be counted toward the overall review process
deadlines. Review and approval shall include, but not be limited to any comprehensive
plan application, which should be submitted in February, 2007, and issuance of any
Development Order, any change to the Land Development Regulations of the City of
Delray Beach, Florida, including, but not limited to, expansion of an overlay district and
approval and adoption of the Resolution and master site plan approval or any rezoning
by the City Commission. Nothing contained herein constitutes nor is it intended to
constitute an agreement to approve any of the foregoing.
( e) The City shall expedite the review of all development
applications, plats and permits, and approval of formal site plans in the development, and
other approvals and permits that are required by the City and its agencies in connection
with the development of the Project, as stated above.
3. The City hereby further agrees as follows:
(a) The City shall provide a full range of credit counseling,
application review and counseling services to help clients achieve homeownership;
(b) The City shall facilitate the deed restrictions that ensure income
eligibility both initially and upon re-sales;
(c) The City shall provide outreach programs for local employers to
educate employees about the housing opportunities in the Project.;
(d) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination
of appropriate materials for distribution to current and prospective City employees;
(e) The City shall cooperate with the Developer for the implementation of
an Employee Assistance Home Ownership Program designed to facilitate home
ownership for City employees, and as permitted under Florida Statutes.
4. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that
any approvals will be made as a result of entry into this Agreement and each party shall
not be required to take any action that it deems in its sole discretion not to be in their
individual and collective respective best interests.
6. The Developer hereby agrees to indemnify and hold harmless the City and
its officers, employees, agents and attorneys (collectively, the "Indemnified Parties")
against any and all losses, claims, demands, liabilities and expenses (including reasonable
legal or other expenses) incurred by the Indemnified Parties in connection with any
matters arising hereunder and that are the obligation of the Indemnifying Party hereunder.
7. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
8. Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement.
9. Each of the parties acknowledge and agree that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or
proceeding instituted in any court of competent jurisdiction without the necessity of
proving damages without prejudice or any other remedies it may have at law or in equity.
Except as provided herein, this Agreement is made solely and specifically among and for
the benefit of the parties hereto and their respective successors and assigns, and no other
person shall have any rights, interest or claims hereunder or be entitled to any benefits
under or on account of this Agreement as a third-party beneficiary or otherwise.
10. This Agreement may be terminated by any party upon (a) denial of the
CWHIP application, or (b) material breach of any of Developer's obligations hereunder
that remains uncured thirty (30) days following Developer's receipt of written notice of
such breach by the City. This Agreement shall otherwise terminate upon the completion
of all the residential units contemplated by this Agreement.
11. The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would
also further its interests in affordable housing.
12. This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
13. This Agreement shall be effective once signed by the parties to this
Agreement. This Agreement shall be binding upon the parties' assigns and successors in
interest.
THIS SP ACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year fIrst above written.
AUBURN TRACE, LTD.
a Florida limited partnership
By:
Thomas G. Hinners, President
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
Attest:
City Clerk
Approved as Form:
City Attorney
Harden. David
From:
Sent:
To:
Subject:
Jeff Perlman [delcommish@hotmail.com]
Monday, December 11, 2006 11 :49 AM
Harden, David
FW: CWHIP Letter of Support
Attachments:
LetterofSupportFromCity.doc
LetterofSupportFro
mCity.doc (2...
Thoughts. . . .
Warmest regards
Jeff Perlman
Mayor
City of Delray Beach
e-mail: mayor@mydelraybeach.com
Read "From the Mayor's Desk" on www.mydelraybeach.com. New message every Monday.
>From: cito@auburngroup.net
>To: Mayor@MyDelrayBeach.com
>CC: Tom Hinners <tom@fahi.net>
>Subject: CWHIP Letter of Support
>Date: Mon, 11 Dec 2006 08:53:37 -0700
>
>Mayor Perlman,
>
>1 have attached a letter of intent we would like to include in our
>RFP for CWHIP Funding. The City support referenced in the letter
>of intent is identical to the support mentioned in the Housing
>Agreement being established with Midtown Development.
>
>Our development trully needs the CWH1P to close th funding gap
>required to develop the site. Our planned redevelopment with the DBHA
>will create a vibrant new community in the SW area of Delray Beach. The
>planned 588 unit community will be 65% workforce housing for a total of
>383 workforce units. 40% of all the units will be set aside for
>essential employees. We feel this is a substantial contribution in
>comparison to the units being offered by Midtown. In addition to our
>redevelopment providing a significant quanitity of workforce homes,
>it will act as a catalyst towards the revitalization of the SW
>Area.
>
>The support mentioned in the housing agreement with Midtown
>repeated in the letter of intent attached is critical to being selected
>for this coveted RFP. The City has developed plans for the SW Area and
>workhard with us to develop plans for its redevelopment and
>revitalization. Please help us by signing the attached letter of
>intent and providing the same support for our redevelopment with the
>DBHA that is being offered to Midtown Development.
>
>Thank you again for all your support and help!
>
>Respectfully,
1
>
>
>Cito Beguiristain
>Vice-President
>Auburn Development
>786-253-4533
>
>
>
>
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2
Mr. Stephen P. Auger
Executive Director
Florida Housing Finance Corporation
227 N. Bronough Street, Suite 5000
Tallahassee, Florida 32301
December 11, 2006
Re: Letter of Intent for CWHIP Applicant (Auburn Development & Delray Beach
Housing Authority Public-Private Partnership)
To Mr. Auger,
It is the intent of the City of Delray Beach to provide the following Innovative Land Use
Strategies in the event the CWHIP Applicant created by the Public-Private Partnership
between Auburn Development and the Delray Beach Housing Authority, with the
Applicant's plans to create 383 workforce units under the CWHIP program, is successful
in their application for CWHIP Funding:
In recognition of the important public purpose served by the creation of a substantial
number of housing opportunities for Delray Beach's essential workforce, the City of
Delray Beach will be charged with overseeing the expediting of the Site Specific Comp
Plan Amendment. The City will handle development reviews concurrently, rather than
sequentially, and the entire review and approval process including public hearings, shall
be completed as stated below. Required approvals shall include the following, as
applicable: comprehensive plan amendment; any rezoning; and plat approval.
The City shall expedite the review of the development applications for the Comp Plan
amendment, rezoning, site plans in the development, and other approvals and permits that
are required by the City and its agencies in connection with the development of the
Project.
The City will perform an expedited review of all plans and permits in conjunction with
the Comp Plan amendment, rezoning, and master site plan approval and shall complete
that review no more than thirty (30) days from the date of submittal of information by
Developer.
The overall review process, including all required public hearings, shall be held and
completed within ninety (90) days of the date of initial submittal of a complete
application by Developer (plus any additional days of delay caused by the state or any
other third party), provided however, if Developer fails to provide appropriate plans that
are in compliance with the City's Land Development Regulations and the plans are
rejected, the time from the date of rejection to re-submittal of plans that are in compliance
shall not be counted toward the overall review process deadlines. Review and approval
shall include, but not be limited to any comprehensive plan application, which should be
submitted in February, 2007, and issuance of any Development Order, any change to the
Land Development Regulations of the City of Delray Beach, Florida, including, but not
limited to, expansion of an overlay district and approval and adoption of the Resolution
and master site plan approval or any rezoning by the City Commission. Nothing
contained herein constitutes nor is it intended to constitute an agreement to approve any
of the foregoing.
The City shall expedite the review of all development applications, plats and permits, and
approval of formal site plans in the development, and other approvals and permits that are
required by the City and its agencies in connection with the development of the Project,
as stated above.
The City shall provide outreach educational materials prepared by Developer to their
current and prospective employees regarding Work Force Housing opportunities in the
Project. The City and Developer shall cooperate in the dissemination of appropriate
materials for distribution to current and prospective City employees.
The City shall cooperate with the Developer for the implementation of an Employee
Assistance Home Ownership Program designed to facilitate home ownership for City
employees, and as permitted under Florida Statutes.
The Developer has committed at least forty percent (40%) of the total number of
residential units approved to "essential services personnel workforce housing", as will be
defined by the City in a manner that is generally consistent with its corresponding LHAP
definition. The workforce housing commitment to provide such housing shall be offered
at a price up to 140% of the AMI as defined in the CWHIP legislation.
Sincerely,
Jeff Perlman
Mayor
City of Delray Beach
t?~
PM.
TO:
THRU , DIRECTOR OF PLANNING & ZONING
FROM: , R., AICP, PRINCIPAL PLANNER
SUBJECT: MEETING OF DECEMBER 12, 2006
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS), ENACTING SECTION 4.3.3(DDD),
"DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING;" ADDING
"DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING" AS A
CONDITIONAL USE WITHIN CERTAIN ZONING DISTRICTS; AND
AMENDING APPENDIX "A", "DEFINITIONS," TO PROVIDE A DEFINITION
FOR "DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING,"
The item before the City Commission is approval of City-initiated amendments to the Land
Development Regulations to include provisions for "Day and Night Treatment with Community
Housing," defined in the Florida Administrative Code.
The Florida Administrative Code was recently amended to include a new type of housing
arrangement known as "Day and Night Treatment with Community Housing," which provides
housing only to individuals who are in recovery for substance abuse. This use was previously
considered a Residential Licensed Service Provider Facility. The proposed amendments bring
the LDRs into compliance with these changes in the Law by enacting Section 4.3.3(DDD), "Day
and Night Treatment with Community Housing;" amending Appendix "A", "Definitions," to
provide a definition for "Day and Night Treatment with Community Housing," and adding "Day
and Night Treatment with Community Housing" as a Conditional Use within the Medium Density
Residential (RM), General Commercial (GC), Central Business District (CBD), Professional and
Office District (POD), Residential Office (RO), Community Facilities (CF) and Old School
Square Historic Arts District (OSSHAD) zoning districts. These are the same zoning districts
where Residential Licensed Service Provider Facilities are currently allowed as conditional
uses.
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 76-06, amending the Land Development
Regulations by enacting Section 4.3.3(000), "Day and Night Treatment with Community
Housing" to provide for regulation of these new housing arrangements defined in the Florida
Administrative Code, that provide housing only to individuals who are in recovery for substance
abuse; adding "Day and Night Treatment with Community Housing" as a Conditional Use within
10.8
City Commission Meeting of December 12, 2006
Amendment to LOR Section 4.3.3(000) "Day and Night Treatment with Community Housing"
Page 2
the Medium Density Residential (RM), General Commercial (GC), Central Business District
(CBD), Professional and Office District (POD), Residential Office (RO), Community Facilities
(CF) and Old School Square Historic Arts District (OSSHAD) zoning districts; and amending
Appendix "A", "Definitions", to provide a definition for "Day and Night Treatment with Community
Housing," 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, with second reading to occur on January 2,
2007.
Attachments:
· Ordinance No. 76-06
· Planning & Zoning Staff Report of November 20, 2006
ORDINANCE NO. 76-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SECTION 4.3.3(DDD),
"DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING", TO PROVIDE
LOCAL REGULATIONS GOVERNING DAY AND NIGHT TREATMENT WITH
COMMUNITY HOUSING; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT"; 4.4.9 "GENERAL COMMERCIAL (GC)
DISTRICT", 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," 4.4.16,
"PROFESSIONAL AND OFFICE (POD) DISTRICT," 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT,"
AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
TO ADD "DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING" AS
CONDITIONAL USES AND STRUCTURES ALLOWED; AMENDING APPENDIX
"A", "TERM AND DEFINITION," ADDING THE DEFINITION OF "DAY AND
NIGHT TREATMENT WITH COMMUNITY HOUSING"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is in the public interest to enact Section 4.3.3(DDD),
Land Development Regulations, to establish minimum criteria for Day and Night Treatment with
Community Housing; and
WHEREAS, the regulation of land use matters is of great local concern and impacts upon the
health, safety and welfare of the City's residents; and .
WHEREAS, the City may regulate the location of such facilities through the exercise of its police
powers in furthering the local land use concerns; and
WHEREAS, facilities defined by Department of Children and Families as "Day and Night
Treatment with Community Housing" under Florida Administrative Code Rule 65D-30.0081, have
operated similarly to hotels/motels within the City of Delray Beach and have thrown people out on the
streets without following state landlord and tenant laws; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to ensure that
proper eviction proceedings are followed by all landlords within the City of Delray Beach in accordance
with Chapter 83, Florida Statutes; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to reduce
homelessness in Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, believes that regulating
"Day and Night Treatment with Community Housing" will assist in protecting tenants of these facilities
and will reduce homelessness within the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Section 4.3.3(DDD), "Day and Night Treatment with Community Housing" of
the Land Development Regulations of the City of Delray Beach, Florida, shall be enacted to read as
follows:
(DDD) Dav and Ni2:ht Treatment with Community Housin2::
(1 ) Floor Area:
(a) Rooms: Minimum floor area for bedrooms and the minimum number of
bathrooms shall be governed by the Standard Housing Code.
(b) Common Area: At least 10% of the total floor area shall be devoted to a
common area. exclusive of halls. corridors. stairs. and elevator shafts.
wherein a variety of recreational or therapeutic activities may occur.
(2) Aooearance: Day and Night Treatment with Community Housing shall have
building elevations which are residential in character and similar in appearance to the surrounding
neighborhood.
(3) Licenses and Insoections:
(a) Fire Insoections: Issuance of a landlord permit shall be preceded by an
annual safety inspection: issuance of a landlord permit shall be contingent
upon compliance with the recommendations of the City Fire Marshall and the
Chief Building Official.
(b) Landlord Permits: Landlord permits are required for Day and Night
Treatment with Community Housing facilities and must be renewed
annually.
(4) Location Restrictions and Soecial Re2:ulations:
2
ORD. NO. 76-06
(a) A copy of the lease agreement must be submitted with the application for a
landlord permit in order for the City to determine ifthe unit is being rented in
a manner that establishes a boarding and rooming house that is prohibited
under the City's code. Whoever signs a lease shall be jointly and severally
liable under the lease. Copies of hotel/motel licenses shall be provided.
(b) Facilities with hotel/motel licenses will be considered hotel/motel uses and
therefore will not be allowed to locate in residential zoning districts.
(c) A Day and Night Treatment with Community Housing facility shall not be
located within 1.200 feet of another Day and Night Treatment with
Community Housing facility.
(d) Day and Night Treatment with Community Housing shall not be located
within 1.200 feet of any public or private elementary. middle or secondary
school.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection
4.4.6(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(4) Day and Night Treatment with Community Housing subject to restrictions set forth
in Section 4.3.3(DDD).
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by
Section 4.4.9(G)(1).
(20) Day and Night Treatment with Community Housing subject to restrictions as
set forth in Section 4.3.3(DDD).
Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4. 13(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
3
ORD. NO. 76-06
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(20) Day and Night Treatment with Community Housing subject to restrictions as
set forth in Section 4.3.3(DDD).
Section 5. That Section 4.4.16, "Professional and Office (POD) District", Subsection 4.4. 16(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POD District:
(7) Day and Night Treatment with Community Housing subject to restrictions as
set forth in Section 4.3.3(DDD).
Section 6. That Section 4.4.17, "Residential Office (RO) District", Subsection 4.4. 17(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(5) Day and Night Treatment with Community Housing subject to restrictions as
set forth in Section 4.3.3(DDD).
Section 7. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District.
(6) Day and Night Treatment with Community Housing subject to restrictions as
set forth in Section 4.3.3(DDD).
Section 8. That Section 4.4.24, "Old School Square Historic Arts District (OS SHAD)",
Subsection 4.4.24(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
4
ORD. NO. 76-06
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(6) Day and Night Treatment with Community Housing subiect to restrictions as
set forth in Section 4.3.3(DDD).
Section 9. That Appendix "A" of the Land Development Regulations of the City of Delray
Beach, Florida, shall be amended to read as follows:
DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING
(1) Definition: shall mean a facility that provides only housing and/or meals to
individuals who are substance abuse impaired or in recovery where the provider:
(a) does not mandate that the individuals live in the residential facility as a
condition of treatment in a separate facility owned by the provider; and
(b) may make available or provide support groups such as Alcoholics
Anonymous and Narcotics Anonymous as the only services available to the
residents in the facility where housing and/or meals are provided.
Section 10. 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 11. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on second
and final reading.
5
ORD. NO. 76-06
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
6
ORD. NO. 76-06
MEETING DATE:
NOVEMBER 20, 2006
V.F.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ENACTING SECTION 4.3.3(DDD),
"DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING;" ADDING
"DAY AND NIGHT TREATMENT WITH COMMUNITY HOUSING" AS A
CONDITIONAL USE WITHIN CERTAIN ZONING DISTRICTS; AMENDING
APPENDIX "A", "DEFINITIONS," TO PROVIDE A DEFINITION FOR "DAY
AND NIGHT TREATMENT WITH COMMUNITY HOUSING;" AND ENACTING
SECTION 4.3.3 (XX), "BOARDING AND ROOMING HOUSES" TO CLARIFY
THAT BOARDING AND ROOMING HOUSES ARE PROHIBITED WITHIN
THE CITY OF DELRAY BEACH
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 include provisions for "Day and Night
Treatment with Community Housing," defined in the Florida Administrative Code and clarify that
Boarding and Rooming Houses are not permitted within the City of Delray Beach.
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 Florida Administrative Code was recently amended to include a new type of housing arrangement
known as "Day and Night Treatment with Community Housing," which provides housing only to
individuals who are substance abuse impaired or in recovery. This use was previously considered a
Residential Licensed Service Provider Facility. The proposed amendments bring the LDRs into
compliance with these changes in the Law by enacting Section 4.3.3(DDD), "Day and Night Treatment
with Community Housing;" adding "Day and Night Treatment with Community Housing" as a
Conditional Use within the General Commercial (GC), Central Business District (CBD), Professional
and Office District (POD), Residential Office (RO), Community Facilities (CF) and Old School Square
Historic Arts District (OSSHAD) zoning districts; and amending Appendix "A", "Definitions", to provide
a definition for "Day and Night Treatment with Community Housing." These are the same zoning
districts where Residential Licensed Service Provider Facilities are currently allowed as conditional
uses. An additional related amendment, which is included in a separate ordinance, enacts Section
4.3.3 (XX), "Boarding and Rooming Houses." The purpose of this amendment is to clarify that
Boarding and Rooming Houses are prohibited within the City of Delray Beach.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition
to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
v. F.
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs Pertaining to Day and Night Treatment with Community Housing
Page 2
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Policy was noted:
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.
The purpose of the proposed amendments is one of maintaining and updating the LDRs. Specifically,
the addition of Day and Night Treatment with Community Housing is required to bring the LDRs into
compliance with changes in State Law (Administrative Code Rule 65D-30.0081). It is noted that while
compliance with this code, which defines this type of housing arrangement, is not specifically
mentioned in the Goals, Objectives, and Policies of the Comprehensive Plan, the fact that the City
must be in compliance with all state laws is understood. Based on the above, a positive finding can be
made that the amendment is consistent with and further the Goals, Objectives, and Policies of the
Comprehensive.
The requirements for establishment of Day and Night Treatment with Community Housing included in
the text amendment requires submission of a lease to the City with an application for a landlord permit
in order for the City to make the determination that the unit is not being rented in a manner that
establishes a boarding and rooming house. Pursuant to LDR Section 4.2.2(C)(3), "Prohibited Uses,"
Boarding and Rooming Houses are prohibited within the City of Delray Beach since they are not listed
as permitted or conditional uses within any zoning district and the use has not been allowed by an
interpretation of the Director of Planning & Zoning or action of the Planning & Zoning Board. To further
clarify this fact, the proposed amendments also include enactment of Section 4.3.3(XX) "Boarding and
Rooming Houses," which specifically states that they are prohibited.
Courtesy 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 LDR text amendment is to add provisions for Day and Night
Treatment with Community Housing consistent with State Law. The proposed section for Boarding
and Rooming Houses further clarifies that they are prohibited within the City of Delray Beach. Positive
findings can be made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend to the City Commission approval of City-initiated amendments to the Land Development
Regulations enacting Section 4.3.3(DDD), "Day and Night Treatment with Community Housing" to
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs Pertaining to Day and Night Treatment with Community Housing
Page 3
provide for regulation of these new housing arrangements defined in the Florida Administrative Code,
that provide housing only to individuals who are substance abuse impaired or in recovery; adding
"Day and Night Treatment with Community Housing" as a Conditional Use within the General
Commercial (GC), Central Business District (CBD), Professional and Office District (POD), Residential
Office (RO), Community Facilities (CF) and Old School Square Historic Arts District (OSSHAD) zoning
districts; amending Appendix "A", "Definitions", to provide a definition for "Day and Night Treatment
with Community Housing;" and enacting Section 4.3.3 (XX), "Boarding and Rooming Houses" to
clarify that Boarding and Rooming Houses are prohibited within the City of Delray Beach, by adopting
the findings of fact and law contained in the staff report and finding that the request is consistent with
the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachment:
. Proposed Ordinances